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2005 07 05 CC
egr# 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, July 5, 2005 — 2:00 PM Beginning Resolution No. 2005-052 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. GOVERNMENT CODE SECTION 54957.6, CONFERENCE WITH LABOR NEGOTIATOR, CITY NEGOTIATOR: THOMAS P. GENOVESE, UNREPRESENTED EMPLOYEES: CITY CLERK, FINANCE DIRECTOR, BUILDING AND SAFETY DIRECTOR, COMMUNITY SERVICES DIRECTOR, COMMUNITY DEVELOPMENT DIRECTOR, AND PUBLIC WORKS DIRECTOR. City Council Agenda 1 July 5, 2005 f / J 2. CONFERENCE WITH LABOR NEGOTIATORS SKI HARRISON, MARK WEISS, AND JOHN RUIZ REGARDING NEGOTIATIONS WITH THE LA QUINTA CITY EMPLOYEES ASSOCIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6, MEET AND CONFER PROCESS 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 MINUTES OF JUNE 20, 2005. 2. APPROVAL OF MINUTES OF JUNE 21, 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 JULY 5, 2005. City Council Agenda 2 July 5, 206- 2. APPROVAL OF AN AGREEMENT WITH DAVIS REED CONSTRUCTION, INC. TO PROVIDE DESIGN -BUILD SERVICES FOR THE SPORTS COMPLEX IMPROVEMENTS, PROJECT NO. 2003-02 AND THE BOYS AND GIRLS CLUB ADDITION, PROJECT NO. 2003-04. 3. APPROVAL OF RESTATED AND AMENDED EMPLOYMENT AGREEMENT BETWEEN THE CITY OF LA QUINTA AND THE CITY MANAGER. 4. APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH THE LA QUINTA CHAMBER OF COMMERCE FOR FISCAL YEAR 2005-06. 5. APPROVAL OF CONTRACT SERVICES AGREEMENT WITH KINER COMMUNICATIONS FOR PROFESSIONAL MARKETING SERVICES FOR FISCAL YEAR 2005-2006. 6. ADOPTION OF A RESOLUTION ASSIGNING RETAIL VALUE TO CERTAIN SilverRock RESORT ITEMS. 7. APPROVAL OF A CONTRACT EXTENSION FOR ONE YEAR WITH HILTON, FARNKOPF & HOBSON, LLC FOR AB 939 SERVICES FOR FISCAL YEAR 2005/2006. 8. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THREE MEMBERS OF THE CITY COUNCIL TO ATTEND THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE IN SAN FRANCISCO, CALIFORNIA TO BE HELD OCTOBER 5, 6, 7 AND 8, 2005. 9. APPROVAL OF AMENDED AGREEMENT FOR LEGAL SERVICES WITH RUTAN & TUCKER, LLP. BUSINESS SESSION 1. CONSIDERATION OF AN ORDINANCE AMENDING LA QUINTA CITY CHARTER AND MUNICIPAL CODE, CHAPTER 2.04, CITY COUNCIL (COMPENSATION AND REIMBURSEMENT). A. READ ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING. B. INTRODUCE ORDINANCE NO. ON FIRST READING. City Council Agenda 3 July 5, 2005 2. CONSIDERATION OF AMENDMENTS TO THE CITY CHARTER AND MUNICIPAL CODE; REVOKING CHAPTER 2.75 CULTURAL ARTS COMMISSION; REVOKING CHAPTER 2.95 COMMUNITY SERVICES COMMISSION; AND ADDING CHAPTER 2.85, CREATING THE ARTS, PARKS AND RECREATION COMMISSION. A. READ ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING. B. INTRODUCE ORDINANCE NO. ON FIRST READING. 3. CONSIDERATION OF APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS. A. MINUTE ORDER ACTION STUDY SESSION - NONE REPORTS AND INFORMATIONAL ITEMS - 1 . ANIMAL CAMPUS COMMISSION (HENDERSON) 2. CITY COUNCIL AD HOC COMMITTEE REPORTS 3. CVAG COMMITTEE REPORTS 4. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (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. COMMUNITY SERVICES COMMISSION MINUTES OF JUNE 13, 2005 4 City Council Agenda 4 July 5, 2005 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS B. QUARTERLY MARKETING REPORT 2. CITY ATTORNEY - NONE 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING AND SAFETY DEPARTMENT MONTHLY REPORT - NONE 5. COMMUNITY DEVELOPMENT DEPARTMENT MONTHLY REPORT - NONE 6. COMMUNITY SERVICES DEPARTMENT MONTHLY REPORT - NONE 7. FINANCE DEPARTMENT REPORT - NONE 8. PUBLIC WORKS DEPARTMENT MONTHLY REPORT - NONE 9. POLICE DEPARTMENT MONTHLY REPORT - NONE 10. FIRE DEPARTMENT QUARTERLY REPORT - NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS - 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. e City Council Agenda 5 July 5, 2005 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. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION OF THE CITY COUNCIL CERTIFYING A MITIGATED NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT 2005-541 AND APPROVING TENTATIVE TRACT MAP 33597, THE SUBDIVISION OF 22.97 ACRES INTO 57 SINGLE-FAMILY LOTS, LOCATED AT THE SOUTHWEST CORNER OF AVENUE 60 AND MADISON STREET. APPLICANT: R. T. HUGHES CO., LLC A. RESOLUTION ACTIONS 2. CONTINUED 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 3) APPROVAL OF AN 80-UNIT MULTI -FAMILY RESIDENTIAL PROJECT (SDP 05-826), FOR THE 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 ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on July 19, 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. 6 City Council Agenda 6 July 5, 2005 DECLARATION OF POSTIN 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 July 5, 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 July 1, 2005. DATED: July 1, (2005 (�e, 'J 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. w City Council Agenda 7 July 5, 2005 LA QUINTA CITY COUNCIL SPECIAL MEETING MINUTES JUNE 20, 2005 A special meeting of the La Quinta City Council was called to order at the hour of 4:00 p.m. by Mayor Adolph. PRESENT: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph ABSENT: None PLEDGE OF ALLEGIANCE PUBLIC COMMENT Kay Hammond representing the La Quinta Playhouse, requested funding. They are submitting a request for Community Services Grant but this is a separate request for funds in excess of the $2,000 grants. City Manager Genovese stated the policy limits grant requests to $2,000. He advised if an organization is requesting more than that, their request will have to be considered separately. Mayor Adolph requested the City Manager contact Ms. Hammond regarding when this request might be considered. CONFIRMATION OF AGENDA The agenda was confirmed with no changes. BUSINESS SESSION 1. CONSIDERATION OF FISCAL YEAR 2005/2006 PRELIMINARY BUDGET. City Manager Genovese presented the staff report, and Finance Director Falconer reviewed the Executive Summary prepared for the staff report consideration of the preliminary budget. He reviewed the document and explained the sections contained within. He pointed out the budget is balanced and there is a surplus of $87,767 for Fiscal Year 2005/06. v' City Council Minutes 2 June 20 2005 Mayor Pro Tem Sniff questioned if item C-5 of Attachment 9, (Reimbursements to the General Fund from other funds) represents revenue as opposed to a transfer. Finance Director Falconer responded it is a source of funding to the General Fund. He said in the truest sense it is not a sale of a product but is a source for reimbursement of costs. Council Member Henderson questioned the same page, dealing with the library, and asked for clarification of the $843,000. Director Falconer explained items listed on Pages 40-44 in the supporting document showed there was funding at one time for a loan to the RDA but it was switched to the library services fund as an advance. This reimbursement deals with operations through a contract with the County Library Systems for purchasing books, utilities, maintenance and repair and the Contract Services with the county, and this will be an ongoing expense and will come from the 100% increment pass -through from the County Library Fund. Council Member Osborne commended Mr. Falconer on a great budget and asked if the proposed budget operating surplus is $87,767. Director Falconer stated that is correct. He questioned from the Expenditures side of $4.5 million, if staff has researched the past year's actual versus what was budgeted in the prior year. Director Falconer referenced D-7, first column for actual was $23.1 million last year and during the year up through the end of May it was amended to $23.5 million. He said for the year 2004/2005 it is estimated to be $30.5 million plus reimbursements. This year the projections are for $27.4 million for a difference this year of about $3 million. Council Member Osborne asked if the reduction in proposed revenues due to the City's conservative point of view on building permits and Development Impact Fees (DIF) of projecting only 500 permits per year. Director Falconer said the DIF is a separate fund but building permit fees are responsible for the major difference. That accounts for the $3 million based on 500 building permits and only 1,000 square feet of retail. Council Member Osborne asked if the 500 building permits each year is based on any trends. C.ity Manager Genovese said based on the years in the 1990's it is not a conservative estimate but more than that has certainly been the case in the 2000's, probably the City has averaged 700-800. Council Member Osborne asked about the interest on RDA loans from the General Fund. He specifically asked if this budget reflects interest coming back from the RDA loans. City Council Minutes 3 June 20 2005 Director Falconer referenced page D-7 which shows two interest amounts, approximately $190 million coming from actual cash and investments in the City's portfolio and non -allocated interest of $2.275 million which is the interest that will be generated on the loans to the Redevelopment Agency next year. Council Member Henderson asked on page C-3, under emergency reserves, where the Council's policy is 30% and with a one-time $4 million contribution she is showing $12.860 million based on a $31 million budget which is about a $1 million difference. Mr. Falconer said he used $27 million to calculate without the reimbursements so that would account for the difference they are showing on that. He said that can be changed if Council wishes. Council Member Henderson asked if the previous budgets have used it without reimbursements, and wonders if the amount could change based on actual reimbursements. City Manager Genovese explained this changes each year depending on the budget so the constant is the percentage not the amount. Mayor Adolph said he also had the same question and he felt the Council is getting closer to their goal for reserves each year. Dori Quill, 51-245 Avenida Rubio, of La Quinta High School spoke requesting $10,000 for educational purposes and not just for the International Baccalaureate Program as stated in the staff report. She stated the request is to help the High School with various requests and not have to compete through the grant program. Mayor Adolph asked if Council has any questions of individual staff members on items listed in the budget. Council Member Osborne questioned the public safety issues on page 4 of the staff report which represents an increase of $1,369,737 due to an overall rate increase and new positions. Chief Meyer outlined the reasons for the two positions to be added to the target team who are charged with addressing the major problem areas such as burglary and auto thefts. He said the other position is a motor officer which is specifically targeted to decrease traffic enforcement. Council Member Osborne questioned if the grant funds received last year could be used for another motor officer. 10 City Council Minutes 4 June 20 2005 Chief Meyer said the department received two this past year and they anticipate continued funding from the Augustine grant to support the costs of the two officers put in place in 2004-05. Council Member Osborne questioned the cost of another motor officer. Chief Meyer responded it would cost $176,000 plus the cost for the motorcycle and a $27,000 one-time training fee for a total estimate of $233,000. He said the cost does go down in future years when there wouldn't be a new motorcycle or training cost. He said they do try to estimate high to ensure coming in under or at budget. Mayor Pro Tem Sniff asked who prepares the police department budget. Chief Meyer responded the budget is prepared at the station level, in this case Lt. Walker was assigned to develop it as a team effort and the recommended level of increase was 4.5% but they actually used 6% in case of changes. Council Member Henderson asked where the allocation for the Police Volunteers is contained. Chief Meyer stated there is a new line item of $50,000. Finance Director Falconer referred her to page 71, the line item for La Quinta Police Volunteers is $50,000; above that is $100,000 for Federal COPS Program and $125,000 for special enforcement; and $50,000 for the Bob Hope Classic. Council Member Henderson said she was interested in the overhead for the Community Policing Station. Director Falconer said the itemized utilities are in the budget, with the major expense for Air Conditioning and there is also some depreciation involved. Council Member Henderson asked if the City now has two motor officers supported by grants and if those grants are guaranteed for next year. Chief Meyer stated he is not sure how many years are left on the grants, but the Augustine Grant was accepted as a five-year grant. Council Member Henderson asked, if it is necessary to apply for a grant each year, is it possible the City would have to pick up that cost from the General Fund or police budget in the future. Chief Meyer replied, should that be the case, the yearly cost for each motor officer is approximately $196,000 City Council Minutes 5 June 20 2005 Council Member asked if that is the County -wide rates for all cities under contract for police services. Chief Meyer responded it is the same for all cities, and noted the Sheriff's Department is not allowed to make a profit on the services they provide under contract. Council Member Perkins stated he is a strong supporter of motor officers and feels the City doesn't have enough. He said if the Native American grants drop off, the City will have to pick up the costs because of the need for them. He said he has suggested adding another motor officer beyond what the police are requesting and commented on the benefits of having motor officers. Mayor Adolph stated the City is adding three more officers this year and has to do so to keep up with the demand. He said the City is working not only with its residents but with people from outside the City who are utilizing the retail areas. Chief Meyer said a high percentage of the calls are for perpetrators from outside the City, because of the increase in the retail segment. He said this is a proactive budget and is based on the fact that proactive cost is less than reactive in the long term. Mayor Pro Tem Sniff noted motor officers can't work in all weather. Chief Meyer responded that in inclement weather motor officers can be used in patrol cars. They are dedicated to serving the City regardless of the method of transportation they are utilizing. He also said, in response to Mayor Pro Tern Sniff, that coverage is predicated on the time needed the most, including weekends and up to 2 AM. He said the motor officers are not on duty every day at the some hour. Council Member Osborne stated he had some questions regarding the Fire Services Budget and asked for an explanation of the ladder truck agreement with the City of Indio. Chief Dorian Cooley said a multitude of factors can trigger the need for a ladder truck not just the higher story buildings. He advised the Embassy Suites doesn't necessarily create a requirement for the City to have its own truck. He explained that when another city is expected to have one, such as Indio, which has established the need, they frequently are looking for assistance in financing one specialized unit. He explained the "big box stores" call for this kind of vehicle based not on height but on the expanse of k, �� City Council Minutes 6 June 20 2005 roof. He said a ladder truck can be described as a large rolling tool box with specialized certified training required for its operators. Council Member Osborne asked about the detail on the revenue side of fire services. Director Falconer directed him to Page D-7 which shows two revenue sources, the County Fire Services Credit and the County Fire Service Credit Applied which comes to an approximately 8% increase from the prior year, even after applying $368,000 which is expected to exceed revenues. Council Member Henderson asked if it is anticipated that a draw against the Applied Credit will occur every year. City Manager Genovese stated unless there is a request to add additional fire stations or extra man-hours the City would still only be manning three stations and therefore fire services probably will remain more consistent. Battalion Chief Cooley spoke to the increased benefits issue and costs during the past few years and said he doesn't expect that kind of significant cost in the future. Mayor Pro Tern Sniff asked if the City has entered into an agreement with the City of Indio for the ladder truck joint use. City Manager Genovese stated no agreement with Indio, Coachella, and/or the County has been formulated at this time. He said the best estimate of the cost is $150,000 per year once an agreement is reached. He also said the City Council will ratify any agreement before it is entered into. In response to Mayor Pro Tern Sniff, Chief Cooley said the City's 5 minute response time will not apply to the ladder truck which would be on scene within 10 minutes. He also responded the aerial ladder is 100 foot in length. In response to Mayor Adolph, Chief Cooley said the ladder truck would respond to the Fantasy Springs Casino, if needed. He said even if it is out of Indio's jurisdiction it would come under the mutual response agreements. Council Member Osborne questioned the Community Services projects on Page 5 of the staff report and stated the Chamber of Commerce has requested more than listed in the budget. He noted they are asking for $180,000 or be allowed use of portion of new library for their office needs. David Howard, 78371 Highway 1 1 1, Chairman of the Board spoke on behalf of the Chamber of Commerce and noted they have not had an increase from the City in some time. He said the City has grown and their mailing costs p- 13 City Council Minutes 7 June 20 2005 have increased, they need more space and find their space needs will cost substantially more. He pointed out that they are now looking for space from the City or financial assistance to assist in the increased cost of commercial office space. He explained the amount requested would be close to a 10% increase for each year since the last increase from the City of La Quinta. In response to Council Member Osborne, Mr. Howard said the Chamber needs about 2,500 square feet and is willing to pay for tenant improvements and use for three years. He said after a period of time he would be in a position to secure another location for a permanent home. Mayor Pro Tern Sniff asked staff what could be ups or downs in their use of the library expansion facility. City Manager Genovese said, when the improvements to the second phase of the Library were presented to the Council, the expansion area was intended to provide facility use for rentals by community groups and individuals. Building and Safety Director Hartung reviewed the three main components of phase 2. It contains 1,000 square feet intended for classroom use, 2,000 square feet for a community room, and the remaining portion (7000 square feet) for all-purpose rental use. In response to Mayor Pro Tern Sniff he said the community room has access to restrooms, has outside access and is isolated from the other areas. Mayor Pro Tern Sniff asked if that room could possibly serve the Chamber of Commerce's needs with some retrofit. Director Hartung said anything is possible but that is up to the Council. Mayor Pro Tern Sniff asked if they have any other options if they don't stay in their current location. Mr. Howard replied they have looked at SilverHawk in their Commercial Building but Eisenhower Drive is not a beneficial location. He said to stay at current location is not really an option since they only have 1,200 sq. ft. and everything they have looked at with Highway 111 frontage is out of their financial range. He said they still don't have a solid cost with SilverHawk, but first indications are the Chamber would have to look at only 2,000 square feet. He said if the City could provide 2,500 sq. ft. that would keep them close to the hub of the City. Mayor Adolph stated the managers of SilverHawk have indicated to him they would work with the Chamber. He noted the Chamber wanted to be on Highway 111 and now it's not economical for them to do that. He also commented that on Highway 111 they generate a lot of foot traffic. Mr. Howard responded they would prefer Highway 111 frontage or to have 14 City Council Minutes 8 June 20 2005 signage there for a space that doesn't front on the highway but that will depend on the amount of funding they receive. Lou Pieper, Incoming Chairman of the Board and Chamber Facilities Chairman spoke regarding their growth, and said they have solicited proposals to meet their space needs. He said their cost would be $2,000 per square foot with no triple net, so their cost would be a $12,000/month increase to $60,000/year which is significant at SilverHawk and that's the best quote they have at this time. He said frontage in the Highway 1 1 1 corridor would be even higher plus triple net would be approximately $75,000/per year. He also pointed out they don't have a profit built into their contract for services but rather have just recovered the cost for the delivery of the Gem cost. Mayor Pro Tern Sniff asked if it is feasible for the Chamber to use the City Library facility for no more than a three-year period. Director Hartung responded it won't infringe on library operations but could on other community efforts. He said the Council would probably want to dedicate the Community Room space and use modular cubicles for desks to minimize hard construction costs. This would mean room wouldn't be available for other uses — would still have classroom that would hold up to 50 people and the other room for up to 250 people. Mayor Adolph asked if it would curtail any expansion of the library. Director Hartung said the library expansion is slated to go into the large room and it only entails putting in the stacks. The reception area actually will move from the rotunda into that area as well. He said there is very little left to be done for the Phase Two library expansion and what needs to be done is relatively minimal. Mayor Pro Tern Sniff said he feels like use in the Phase Two expansion area is the most feasible and the best solution, plus it reduces the request from $180,000 to $130,000. Council Member Perkins said the Chamber has recently raised dues about 25% and he doesn't believe the City should be in business with the Chamber. Chamber has greater membership than the City has employees. He said he is not sure City should be picking up the costs for the Chamber's space needs and he doesn't want to see the library used by any one else for any other purpose, because it's difficult to get someone out once they are entrenched. Council Member Henderson said the Chamber had a place in the Village for $1.00 per year but were adamant about moving to Highway 1 1 1 and r City Council Minutes 9 June 20 2005 adamantly didn't feel they should be in the Village and now they come back with a request to move to the Village. The City has looked at higher and lower levels of sponsorship for the Chamber and the Chamber has asked for more and not gotten it. She said the significant amount of dollars given to the Chamber is for publishing the Gem and if the Gem is a burden on the Chamber she would be willing to discuss whether it should be continued. The City has raised the amount of the contract because of postage increases and maybe should review your budget to see where it is currently. She pointed out the City was funding a non-profit entity and felt the Chamber should not be looking for profit. She felt the Chamber has had growth but that should have increased its revenues. She said she like Council Member Perkins cancelled her individual membership because of the increase in membership dues. Addressing the Chamber's audit, she felt uncomfortable with the City reimbursing that cost simply because the City requires an audit prior to giving grants. She also feels uncomfortable with having the library space used for this purpose and agrees with Council Member Perkins' reasons. She recommended the Chamber continue to negotiate with SilverHawk and feels the Chamber Board needs to look at a long-range answer. Lastly, she stated she is comfortable staying with $125,000 if the Chamber is comfortable with continuing to do the Gem. She asked if they are also looking for new Executive Director. Mr. Pieper said the Chamber is in sort of a quasi mode because they provide the Gem which has information from the City and from the Community and it's their most valuable tool. He said they don't want to eliminate it and the Chamber recovers the cost of producing and mailing it through the City's annual sponsorship. He agreed that they receive revenue selling ads and from membership but it's not enough to cover the rent increase they are now facing. Mr. Piper said they represent 700 businesses in the community and have been working with their members and staff to find a solution. He stated he is not sure they are solely a grant agency. He sees them as services agency, providing a service to the City via the Gem and trying to recover costs so they can maintain a competitive edge. Council Member Henderson suggested perhaps they need to provide a proposal for doing the Gem so the Council can see where those costs are included with some of those costs include depreciation figures for capital equipment, etc. Mr. Pieper said they have been recruiting for a new Director and should have someone on -board by August 51h Council Member Henderson said she is still a little uncomfortable with some of the Chamber's presentation and is glad they want to continue with the 16 City Council Minutes 10 June 20 2005 Gem. She would like to find a way that works for both the Chamber and the City and she needs more details first. Mayor Adolph said a long time ago he asked the Chamber to be more self- sufficient and hasn't seen anything being done. He asked if they are looking for other ways to fund the Chamber. David Howard said they presently do fund raisers but most are charity events. The Chamber helps the member businesses through events but tries not to charge members more than necessary. Some events require a large cash outlay for the members. He said raising dues $20 for each of 700 members would not produce a substantial amount in light of the increases they are looking at. Mayor Adolph said he remembers street fairs the Chamber sponsored and the City was very supportive of those events and assisted in financing them. He suggested the Chamber could earn additional revenues by resurrecting that program. Mr. Pieper stated they generate funding but he hoped the City could work with them to bring things together. He felt the Council is aware of how other cities operate together with the Chamber. Mayor Pro Tem Sniff stated the City has had a long-term relationship with the Chamber. He has watched the Chamber grow and feels it is not a money maker and won't be. He thinks the most logical action is to offer a location at the library for a three-year period for $1 year. He feels the Chamber should pay any reasonable cost to fix their office location and work on a mutually agreed -upon contract for an amount of $130,000 for the year 2005/2006. He said the Council needs to make a decision. Mayor Adolph doesn't want to disturb the library operations. Director Hartung said the 2,500 square feet under discussion was also seen as providing a place to hold the Chamber's Board meetings. He said there will be other rooms that could be used for those meetings if they could use less area for administrative purposes. In response to Council Member Henderson, he said he can't break out utility costs because there is only one meter for each of the utilities. Council Member Henderson said if the Council is serious about doing this there needs to be discussion regarding what the City's cost will be in the building. City Manager Genovese said cost allocations can be determined but staff would need to look at the building layout and determine how it r l 1.'7 City Council Minutes 11 June 20 2005 might affect the City's plans such as the need for lock off areas. He said the City needs to be sure this is taken into consideration. Council Member Henderson said she feels staff could come back to the Council with some details worked out. Mayor Adolph asked when the Chamber of Commerce needs to be in a new facility. Mr. Howard said they have not been told anything by their new landlord yet but he believes they are about to be put on a month -to -month basis. Council Member Henderson pointed out that anyone wishing to use the facility for a meeting, wedding reception, etc., would be charged the City's approved facilities fee. She felt the Chamber should do the same and sees nothing wrong with charging more than $1.00 per year since they are currently paying $12,000 a year. She would be uncomfortable approving it if it were not more equitable. Council Member Osborne recommended staff come back with something for the Council to act upon. He noted the Chamber of Commerce has helped bring small businesses to the City. Mayor Pro Tem Sniff said he has no objection to a reasonable charge for the space and sees nothing wrong with $1 per year to pay for utility costs. He asked staff to bring this matter back by the first meeting in July. City Manager Genovese said the second meeting would be a better date because, technically, staff only has a few days before having to put the agenda together for the July 5, 2005 meeting. RECESS The Council recessed for a short break at 6:32 p.m. The meeting was reconvened with all members present at 6:56 p.m. Council Member Osborne asked with respect to the Community Services projects an item on page 6 of the staff report with respect to the Cal State University San Bernardino campus and their request for $1 million. He spoke in favor of the benefits the University brings to the whole area not just to the City of la Quinta. He also discussed breaking down the $1 million over a four-year period at $250,000 per year. He said he felt there are areas within the budget that can be rearranged in order to maintain council's and City Council Minutes 12 June 20 2005 staff's priorities but also to make room for an allocation of $250,000 to work with Cal State University. Mayor Pro Tem Sniff pointed out that there are other issues that proceed this item on page 6 and he feels they need to consider the others first since there is only an $87,000 surplus to deal with for the other requests. She felt the Council should address the other ones first to establish a "bottom line". Mayor Pro Tem Sniff pointed out that the La Quinta Arts Foundation request is funded in the budget already and the Boys and Girls Club is also funded. City Manager Genovese clarified that in the case of the Boys and Girls Club, $30,000 is funded by the General Fund and $30,000 from the Community Development Block Grant Funds. He also said all of the Agencies making requests and listed on Page 5 are funded currently in the budget. Mayor Adolph stated he would not support the $50,000 budgeted allocation for the Bob Hope Chrysler Classic. Mayor Pro Tem Sniff stated he agreed based on the actions of the Bob Hope Classic this year. Mayor Adolph said none of the charitable entities receiving funding last year from the Bob Hope Classic are from La Quinta. Council Member Osborne questioned if the $50,000 for the Bob Hope Chrysler Classic is the amount contained in the Police budget. Mr. Genovese said that is correct, the monies budgeted are for police services such as traffic direction. Council Member Henderson asked if the Arts Foundation Representative, who is present, wished to make any comments. Christi Salamone, Executive Director of the La Quinta Arts Foundation, in response to Council Member Henderson said the Foundation paid $20,400 for City facilities use this year for the five-day Festival. She said current discussions have not touched on the cost of using City facilities in the future. They have just been about negotiating a long-term commitment to hold the Festival on the Civic Center Campus. Ms Salamone said the Festival Committee would like to have a three-year commitment with an option for an additional two years. She said the Festival this year awarded $68,000 to 41 local students pursuing college education in the visual arts and related fields and the total amount to -date, awarded to local college students, is approaching $700,000. Mayor Pro Tem Sniff said he thought the long-term commitment was 3-1-1, with a one-year commitment after the first three years of the agreement and City Council Minutes 13 June 20 2005 then the possibility of another one year. Christi Salamone said they just need to have stability regarding the site because they work from one Festival to the next with a very brief period of time between planning. The Council by consensus indicated unanimous approval of the budget allotment for the Arts Foundation and the Boys and Girls Club. Mayor Pro Tern Sniff said he is not in favor of the $50,000 budget allotment for the Bob Hope Chrysler Classic (BHCC). Council Member Henderson said she feels the City has made a great deal of progress working toward meeting the concerns of the BHCC and that the fact remains the Tournament will be playing at two venues in La Quinta next year. She noted they are high profile on a national basis and she feels if the Council was comfortable with a grant of $200,000 for an amateur tournament it should certainly understand the value of $50,000 for traffic control during a nationally televised event. Mayor Adolph objected to giving the Bob Hope Chrysler Classic a check for $50,000. The City Manager said the simplest way to handle this would be to let the BHCC know they don't have to pay the $50,000 to the Sheriff's Department because the City has taken care of it internally. Finance Director Falconer clarified the BHCC has the need for public safety services and each year it is somewhat different based on where the tournament is being held. He explained last year when it was held at the La Quinta Country and PGA West the cost was $48,000. He said the City has handled the reimbursement of the costs both ways and they can handle it in- house rather than having the Sheriff issue an invoice to the BHCC and having them invoice the City showing proof of the expenditure. Council Member Perkins said personal feelings about the issues with the Bob Hope Chrysler Classic are not appropriate for discussion and he would not like to see those expressions relayed to the BHCC as representing the feelings of La Quinta as a whole. The City Council concurred on the YMCA Pool Contract, the Contingency that covers ten grants at $2,000 each, Community Special Events, the AB 939 Unallocated, CV Economic Partnership, Facilities Dedications and Holiday in the Park, and the Date Festival allocations. The Other Issues portion of the staff report were acted upon as follows: no City Council Minutes 14 June 20 2005 Request from the La Quinta Chamber of Commerce — Council Members were in favor of $130,000, with Council Member Henderson in opposition. • The allocation for the Jacqueline Cochran Regional Airshow in the amount of $10,000 was unanimously approved to be funded from the $87,000 operating surplus amount. • A request for $10,000 from the La Quinta High School PTA was considered and the Council approved an allocation in the amount of $5,000 to be available for draw down by the Principal of the La Quinta High School. Funding to come from the operating surplus amount. • A request from Safe House of the Desert from the City in the amount of $25,000 was not approved. A second request was for $125,000 with some of the funding coming from CDBG funds. The City Council unanimously denied that request since its CDBG funding for the year has been allocated. • A request for $5,000 from the American Red Cross was not approved however, the Community Services Director was given direction to communicate with the Red Cross and inform the CEO that the City Council recommended they apply for a Community Services Grant. • A request for a $200 per month increase in compensation for the Mayor and City Council was approved for a total of $12,000 per year plus added costs of benefits. Funding to be provided from the General Fund Reserve. • The request for $1,000,000 for the Cal State University San Bernardino campus for a capital improvement on campus was approved for a $250,000 allocation per year for four years. To be funded pending the execution of an endowment agreement with the University. Council Member Henderson requested her comments regarding the $1,000,000 contribution to Cal State University San Bernardino be included in the record. She stated she could not support the request using the City's General Funds but would be willing to consider using the anticipated Teeter Funds up to $1,000,000. She also stated she would consider using the $331,000 that the State of California is taking from the City this year as they did last year, when they pay it back. She stated the money was taken from the City by the State for education. Council Member Henderson felt the City also is supporting education through RDA pass -through monies. She appreciated the fact that this is a capital improvement and is therefore a one- time rather than an on -going request. Council Member Henderson stated because this is the first of two requests of this size that the City Council is or will be asked to consider and she feels the City Council Minutes 15 June 20 2005 City Council needs to weigh the two requests against the City's ability to fund them both. She spoke about the need for vocational education as well to serve those students who would not be going to college. She expressed her discomfort making this kind of a contribution when the City's Lighting and Landscape District is in arrears, and the resident's request for Avenue 58 to be rehabilitated immediately, and the need for sound walls. She related an incident that instilled her with enough confidence to maintain a sense of her own philosophical belief in municipal funding. She reiterated the reason for the City having reserve funds is because the City Council and Staff planned for it, they planned for the City's future. Mayor Pro Tern Sniff suggested a continuance to such a time as the request for funding from the hospital comes in. He said he would be willing to commit to $100,000 this year and let next year's Council take care of another request. He said at this time he cannot support $250,000 this year and cannot support committing future City Councils to $250,000 per year of funding. Mayor Adolph spoke to the City's current growth and success and that he feels he can support the $1 million contribution for four or five years. Council Member Henderson asked about Council Member Perkins' request for an additional motor officer. Mayor Adolph stated he has spoken with the Police Chief and was assured that the one motor officer he has requested will be adequate for this year. Council Member Perkins said he had also discussed this with Chief Meyer and if it doesn't prove to be enough patrol coverage, it can be brought back at the mid -year. Council Member Henderson also questioned the percentage used to calculate the reimbursements. Finance Director Falconer responded that there has been discussion about funding a full year's reserves and it will still take a number of years to calculate that. Council Member Henderson recommended that the policy of the Council be changed from the goal of 30% to 35% and it be based on the full operating budget plus the $4 million, one-time money plus the reimbursements. Council Member Osborne questioned if that would move the monies from the General Fund Reserve to the Emergency Reserves. City Manager Genovese noted on page 3C the money would be moved from there to the Emergency Reserves. Council Member Osborne said he would agree with that as well. City Council Minutes 16 June 20 2005 In summary as to the City Council's action, Director Falconer asked for clarification on the $250,000 if that is to be Council's direction should it be taken from the Continuing Projects Operations Reserve Account or some other operations account. Mayor Adolph and Council Member Osborne agreed that was the funding source they were most comfortable with. City Manager Genovese clarified the other amounts as follows: $ 5,000 additional to the Chamber of Commerce — from $125,000 to $130,000; $10,000 for the Jacqueline Cochran Airport Airshow; $ 5,000 for La Quinta High School; $ -0- for the Safehouse of The Desert; $ -0- for Red Cross; $12,000 approximately for additional compensation for City Council, that does not include the PIERS calculation. $32,000 = $50,000 to $55,000 left in surplus._ Council Member Osborne asked if the studies on Page 11 from Annexation to Housing can be funded during mid -year. City Manager Genovese said he expects the City to get them started prior to mid -year and they are either essential or sorely delayed. Mayor Pro Tem Sniff asked what the effect of these actions will have on the balanced budget. City Manager said if the Council's intent is to fund the $250,000 for the University from the reserves, this would have no effect on the balancing of the budget. Mayor Adolph addressed the issues about the additional proposed positions. He questioned the need for an additional staff person in Community Services for the purpose of issuing Resident Golf Cards for SilverRock. He asked if there is an easier way to issue the cards to residents who already have their cards for this year. He suggested notifying the cardholders and ask them to renew the annual fee by check and send their cards back with payment. He felt the cards could be punched or marked in some way and returned. Community Services Director Dodie Horvitz responded that it was Council's direction and policy that has been used to issue cards and if they wish to change the policy that requires staff to establish residency before the cards can be issued they will abide by that direction. She noted the cards are of value because in the season it results in a $105 per round decrease. She says they have found that non-residents do come in and try to obtain a card. City Council Minutes 17 June 20 2005 It was Council's consensus that a simpler system for renewals needs to be developed with a two-year life span for a resident card. City Manger Genovese brought up the matter of the costs for the City's landscaping of the medians and other areas and it is anticipated that the cost will increase. He said staff met with the contractor who advised that he was not able to keep within the contract amount and was not able to keep all the City's landscape areas in the manner that the City Council desires. He said although the City has not gone out to bid yet, it may go up as high as $200,000 to $300,000 in total for the entire contract. Mayor Adolph said his second concern deals with the condition of Avenue 58. He asked what the status of the final improvements to Avenue 58 and when it will be started. Director Jonasson said it is in the FY 2006-07 pavement management system year. The action to make the final improvements doesn't actually get adopted until that years' budget is approved. He said that will cover repairing the portions that have failed and capping the street. He cautioned that there are also alignment issues so the improvements will not be to the ultimate street width. Mayor Adolph inquired about the bad sections of Avenue 54 and Madison Avenue asked when they are slated for road repairs. Mr. Jonasson replied there is an STP application in for Avenue 54 for the south side and since it is the only application the City has made for those grant funds they are hopeful it will be funded. He also confirmed Madison Avenue is scheduled for repairs shortly. Mayor Pro Tern Sniff, said he would assume in light of the proposed contribution to Cal State there would be some form of recognition for the City in return. Fred Jandt, dean of the campus, said each major contribution is recognized with a naming opportunity. He said a donation in this size would be a substantial room such as a science lab. He said the plaques are made of acrylic with etched lettering that is backlit. MOTION - It was moved by Council Members Sniff/Perkins to approve the Preliminary Budget for Fiscal Year 2005/2006 as amended and direct staff to prepare the final 2005/2006 budget for final approval at the July 5, 2005 City Council meeting. Motion carried unanimously. MINUTE ORDER NO. 2005-58. r n� City Council Minutes 18 June 20 2005 ADJOURNMENT There being no further business, it was moved by Council Members Sniff/Henderson to adjourn at 8:28 p.m. Motion carried unanimously. Respectfully submitted, -C;6'Q J E S., REEK, City Clerk City of La Quinta, California LA QUINTA CITY COUNCIL MINUTES JUNE 21, 2005 A regular meeting of the La Quinta City Council was called to order at the hour of 2:00 p.m. by Mayor Adolph. PRESENT: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph ABSENT: None PUBLIC COMMENT - None CLOSED SESSION 1. Conference with the 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 (APNs 649-820-008; 649- 020-013; 649-030-016, -017, -081, -082, -086, -087, and -088). 2. Public Employee Performance Evaluation pursuant to Government Code Section 54957, Council -appointed position - City Attorney. Council recessed to the Redevelopment Agency and to Closed Session to and until the hour of 3:00 p.m. 3:00 P.M. Mayor Adolph led the audience in the Pledge of Allegiance. PUBLIC COMMENT Barbara Bowie, of the Riverside County Library System, introduced Irene Wickstrom as the new librarian for the La Quinta library. CONFIRMATION OF AGENDA - Confirmed City Manager Genovese noted staff has requested Business Item No. 3 and Public Hearing Item No. 2 be continued to July 5, 2005. He also noted revised pages have been distributed for Consent Item No. 8. 4 City Council Minutes 2 June 21, 2005 Council Member Osborne requested Consent Item Nos. 4. and 5 be moved to Business Item Nos. 5 and 6. ANNOUNCEMENTS — None PRESENTATIONS — None WRITTEN COMMUNICATIONS — None APPROVAL OF MINUTES MOTION — It was moved by Council Members Sniff/Osborne to approve the City Council Minutes of June 7, 2005, as submitted. Motion carried with Council Member Henderson ABSTAINING. CONSENT CALENDAR 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 & EXPENDITURES REPORT FOR THE PERIOD ENDING APRIL 30, 2005. 4. SEE BUSINESS SESSION ITEM NUMBER 5. 5. SEE BUSINESS SESSION ITEM NUMBER 6. 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. (RESOLUTION NO. 2005-048) r 27 l_ . City Council Minutes 3 June 21, 2005 8. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP 33588 — LA QUINTA REDEVELOPMENT AGENCY. (RESOLUTION NO. 2005-049) MOTION — It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended and amended with the exception of Item Nos. 4 and 5 and with Item Nos. 7 and 8 being approved by RESOLUTION NOS. 2005-048 through 2005-049 respectively. Motion carried unanimously. MINUTE ORDER NO. 2005-59. BUSINESS SESSION 1. CONSIDERATION OF A TITLE SPONSORSHIP AGREEMENT FOR THE SilverRock JIM MURRAY GOLF INVITATIONAL. Assistant City Manager Weiss presented the staff report. City Attorney Jenson stated the attorney for the Jim Murray Foundation has indicated they are fine with the agreement. However, she hasn't had an opportunity to review a list of 17 items that the International Golf Museum group e-mailed to her today. John Pena, P. 0. Box 1305, representing the International Golf Museum, suggested a brief continuance to later in the meeting to give the City Attorney an opportunity to review the items. Ms. Jenson stated she believes a lot of the items can probably be handled fairly quickly. Mayor Adolph asked if there was a contingency plan to continue the tournament an additional day if there is rain. Mr. Pena stated they haven't discussed it but can consider it. Council concurred to continue this item after Business Item No. 6. 2. CONSIDERATION OF A RESOLUTION ADOPTING THE INVESTMENT POLICY OF THE CITY OF LA QUINTA FOR FISCAL YEAR 2005/2006. Finance Director Falconer presented the staff report. r. 28 City Council Minutes 4 June 21, 2005 In response to Council Member Osborne, Mr. Falconer stated the Investment Advisory Board hasn't made a formal recommendation on the policy but confirmed it's fair to state that they support the amended policy. As for the rate of return, he noted the yield has exceeded the benchmark almost every month for several years but has under -performed over the last year. He pointed out yield is probably the third item on the list that the City Treasurer is responsible for; safety is first, liquidity is second, and yield is third. He indicated the City maintains a very short average maturity, and the investments are turned over faster than if invested in longer term. Council Member Osborne stated he doesn't have a problem with the proposed changes in the policy. Council Member Henderson stated the reference at the top of Page 13 seems out of place but noted it relates to Section 19, which she feels is the most significant change to the document. Mr. Falconer confirmed it will become part of the work plan but has to be approved by the Council. He stated he believes the Board will want to proceed in that direction next year. In response to Council Member Perkins, Mr. Falconer stated the investments drawing 10% or more are smaller certificate of deposits, and the City usually deals with much larger investments. Council Member Perkins commended staff and the Board for doing an excellent job. Mayor Adolph indicated he feels it's good to re-evaluate the policy, and has no problem with it. RESOLUTION NO. 2005-050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING THE AMENDED INVESTMENT POLICY FOR FISCAL YEAR 2005/2006. It was moved by Council Members Sniff/Osborne to adopt Resolution No. 2005-050 as submitted. Motion carried unanimously. Council Member Henderson expressed appreciation to staff and the Board, noting that Mr. Lewis has served on the Board for a number of years. City Council Minutes 5 June 21, 2005 3. CONSIDERATION OF AN ORDINANCE SETTING THE FEE FOR AN ANNUAL EXTRA LEGAL LOAD HAUL PERMIT. There were no changes to the staff report as submitted and on file in the City Clerk's Office. MOTION — It was moved by Council Members Henderson/Sniff to continue consideration of an ordinance setting the fee for an annual extra legal load haul permit to July 5, 2005 Motion carried unanimously. MINUTE ORDER NO. 2005-60. 4. SECOND READING OF ORDINANCE NO. 418 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). It was moved by Council Members Sniff/Henderson to adopt Ordinance No. 418 on second reading. Motion carried by the following vote: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSTAIN: None ABSENT: None 5. CONSIDERATION TO APPROVE AN ADVANCE FROM THE GENERAL FUND TO THE SilverRock ENTERPRISES GOLF FUND. (This item was previously Consent Item No. 4.) Council Member Osborne referenced an item for SilverRock in the Public Works Department Monthly Report, and noted the total revenue was approximately 32% of the budget and the number of rounds was about 46%. He asked if the 2005/2006 period of operations is reflective of the shortage in the 2004/2005 period. Finance Director Falconer stated the numbers are based on Landmark's financial statements dated April 30, 2005, and their projections for May and 30 City Council Minutes 6 June 21, 2005 June. The City revenues from golf. cards and miscellaneous expenses that the City incurs is also included. The purpose in requesting the $544,238 advance is to avoid a negative cash flow that would require a loan. He noted the 2005/2006 budget projects a loss of $450,000. Council Member Sniff questioned how long a loss can continue before having a very serious situation, and asked when staff anticipates making money. City Manager Genovese stated he would defer to the Operator but noted Council adopted the Operator's budget with extras. Judy Vossler, of Landmark Golf Management, stated it was her understanding that no one thought it would be a money maker in the first years. Mayor Adolph inquired about the liquor license, and Ms. Vossler indicated the application process takes 60 days. MOTION — It was moved by Council Members Osborne/Henderson to approve an advance of $544,238 from the General Fund to the SilverRock Golf Enterprise Fund in the amount of $544,238. Motion carried unanimously. MINUTE ORDER NO. 2005-61. 6. CONSIDERATION OF APPROVAL OF FACILITY USE POLICIES REVISIONS. Community Services Director Horvitz presented the staff report. Council Member Osborne questioned how the facility use fees are determined. Director Horvitz responded the fees were put into place prior to her employment with the City. City Manager Genovese stated staff would have to research that question but he felt the costs are usually based on the cost of maintenance, staff, and perhaps depreciation. Council Member Henderson noted fees are also usually comparable with neighboring cities. Director Horvitz confirmed that the fees are current market rate for a facility of this size. Council Member Osborne questioned if the recommended fees represent an increase in the deposits required. Director Horvitz replied there is an increase in deposits but they are refundable if there is no damage to the facility City Council Minutes 7 June 21, 2005 and/or equipment and the use was kept within the time allotted for the rental. Council Member Osborne questioned who is monitoring to make sure facilities are left clean? Director Horvitz replied staff goes through a checklist and usually the renter has to do some cleaning up and then the City's cleaning company comes in to do the heavy cleaning. Council Member Osborne stated he has heard some concerns about the condition the Senior Center is left in after rentals. Director Horvitz replied the stove is not used for food preparation but the oven is used so the kitchen serves as a warming/catering kitchen. She said the griddle is only used in December for the "Breakfast with Santa" event and is thoroughly cleaned prior to that event. She said no food preparation on the griddle is allowed for rentals and Community Services has recently changed the procedure to have the griddle cleaned twice a year. Council Member Osborne stated he has talked to people who find it difficult to use the Senior Center facility and end up using other places. Director Horvitz responded that the Center receives heavy use and she anticipates the library will receive equally heavy use. Council Member Perkins asked if more help is needed at the Senior Center. Director Horvitz stated they now have a Senior Center Supervisor but are currently down one position. She said she is hoping to resolve this situation soon and be fully staffed again. Council Member Perkins stated he has been told people need to clean the tables before being able to use them and that the kitchen is not being cleaned. Community Services Director Horvitz said there is a nightly janitorial service and they are very responsive when problems are noted. Council Member Henderson questioned if the policy on rentals is for 15 calendar days or 15 working days. Ms. Horvitz stated staff wants to change the existing policy to calendar days as there has been some confusion between the two Council Member Henderson questioned the staff report stating the proposal to change to calendar days would allow more time to apply. Director Horvitz stated that should be corrected, there would be less time required to apply, in an attempt to be more accommodating. Council Member Sniff asked if the janitors clean the kitchen on a routine basis. City Council Minutes 8 June 21, 2005 Building and Safety Director, Tom Hartung, said when a complaint is received, his department is notified and staff then follows through with scheduling the janitors to do a special cleaning. Mayor Adolph asked why the June Senior luncheon was cancelled. Council Member Sniff asked if the cancellation was due to lack of participation and if so why? Director Horvitz stated she is evaluating that. Mayor Adolph said $75/hour for La Quinta non-profit groups seems a little on the excessive side and wondered if it should be reduced to mirror the $55/hour La Quinta youth organization fee. Director Horvitz said the facility use fee schedule on page 22 of the staff report has not changed any of the previous fees for the Senior Center; it only adds fees for the Library facilities. Mayor Adolph asked if use of the Senior Center PA system is included in rentals. Director Horvitz stated they haven't allowed the public to use the sound equipment in the past but it has been included here because they have received a lot of requests to use it. MOTION — It was moved by Council Members Osborne/Sniff to approve the Community Services Commission's recommendations for the Facility Use Policies as revised. Motion carried unanimously. MINUTE ORDER NO. 2005-62. 1. CONSIDERATION OF A TITLE SPONSORSHIP AGREEMENT FOR THE SilverRock JIM MURRAY GOLF INVITATIONAL. (Continued from Page five) City Attorney Jenson went through the issues as follows: the addition of a Force Majeure clause which she felt was a reasonable request to add to the agreement. She suggested providing for an accounting process so in the event the tournament does not take place, the funds provided for the sponsorship be limited to the amount expended. The request for indemnification by the City was not recommended. The request for payment of legal fees for enforcement of the agreement was acceptable. The request for a condition that the City is not entitled to benefits not expressly stated in the contract, she recommends against it, stating there is a covenant of good faith and fair dealing; she stated a third request to change tournament name, this time to the Jim Murray SilverRock Alumni Challenge is up to the Council; she felt their request for $180,000, is appropriate instead of a sliding scale, with no further reduction. She reported it is requested it be paid in three equal installments with the third installment being paid within two days after " 3 3 City Council Minutes 9 June 21, 2005 the tournament ends; City Attorney Jenson recommended five business days. There was also a request to pay for the rounds after receipt of the third check; however, she suggested deducting the rounds from the third installment. Council Member Osborne asked if the City would write a check to Landmark for the rounds and Ms. Jenson replied there would be an internal accounting so the rounds are credited to the SilverRock enterprise account. The money that would have been paid in the third check would just be automatically deducted and deposited in the SilverRock account by the Finance Director. The City Attorney continued, on Page 7 of the agreement, a provision in Paragraph 6F specifies that the Tournament organizers would be hold a golf clinic and they now are requesting to do a separate one, which they would sell as a fund-raising effort with a separate sponsor. Ms. Jenson felt the City would not object to this but Landmark, as the operator, should be consulted to determine if this causes them any problems; there are several provisions in the previous agreement requiring items be approved by the City Manager or his designee. As to the text of advertising and the like, she recommends not deleting this requirement because it makes sure the City is comfortable with the advertising. The tournament organizers want to drop the provision to provide the title sponsor hotel rooms valued at $14,000. They propose to drop the cost of the title sponsorship down to $175,000 because their contracted room rate with the hotel would only cost them $5,000. Council Member Osborne questioned it being included in the agreement at all. He said he felt it had been deleted. City Attorney Jenson stated it had been discussed but direction was never given to delete that provision. The City Attorney continued with the list of changes stating the tournament organizers also want to reduce the negotiated full -page ad to only one and she recommends keeping both because that is what the material they provided originally stated; they would like the City to approve the marketing materials but not the marketing firm and she felt this is acceptable if Council agrees. Page10, 6Rx, provides for a marketing plan, subject to review and approval by the operator and the City, which their attorney doesn't think is necessary. City Attorney Jenson recommended, given the fact that this proposal was presented as a marketing opportunity for the City, it should be kept in the contract. The promoters want to remove the clause giving the right to approve subcontractors and she agrees the City doesn't need to approve the subs; they want deletion of the accounting requirements and Ms. Jenson agrees this is not necessary, unless the City wishes to verify scholarships; they wish to delay providing proof of insurance not until City Council Minutes 10 June 21, 2005 October 18, 2005. The City Attorney said there is no problem if it is provided before onsite activity takes place but a risk is involved if they can't get the insurance because the City would have already paid two payments, she felt this is acceptable if the Council is willing to take that risk. Ms. Jenson stated the tournament's Attorney Mindy Kessler did not understand the reason for asking that the city be named additional insured for automobile insurance. She was under the impression that the City was asking for insurance to cover City officials as drivers. Upon requests from Council Members Henderson and Sniff, City Attorney Jenson read written comments made by Attorney Kessler as follows: "the entire section is a joke and is outrageous, it requires the non-profit to insure every City official, employee, etc., at least two of whom are probably not insurable!" The City Attorney stated she can finalize the agreement as she outlined, if Council wishes to give her that direction. Mr. John Pena stated he can agree with the City Attorney's comments and so would Mrs. Murray's attorney. He asked that the figure $180,000 not be reduced to $175,000 with the understanding that the hotel rooms would be provided if asked for. Council Member Osborne agreed the figure should be left at $180,000 and if the City wants hotel rooms it can let the tournament committee know. Mr. Pena stated there was some confusion with the sliding scale and he prefers the sponsorship remain at $180,000. MOTION - It was moved by Council Members Sniff/Osborne to approve the contract agreement as outlined by the City Attorney in the amount of $180,000 with no sliding scale. Motion carried with Council Member Henderson voting NO. MINUTE ORDER NO. 2005-63. STUDY SESSION 1. DISCUSSION REGARDING PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS AUTHORITY - JOINT POWERS AGREEMENT. Assistant City Manager Weiss presented the staff report regarding the withdrawal process for member agencies to the Palm Springs Desert Resorts Convention and Visitors Authority (CVA) as directed by the City Council on June 7, 2005. r 35 i_ City Council Minutes 11 June 21, 2005 Council Member Sniff reiterated his previous recommendations that the City of La Quinta: 1) Do nothing; 2) secure changes in the current CVA where possible; 3) withdraw and form a new CVA with other cities; and 4) withdraw and spend the funds directly to promote La Quinta hotels, SilverRock etc. At present he said he recommends that La Quinta deal with item number two that deals with securing changes in the current CVA and in general: 1) Put the 'CVA on notice that La Quinta has not been satisfied with their performance and would like to see them move forward with their problem solving; 2) that the CVA provide the cities with disclosure as to their finances, what the personnel work requirements are and the pertinent information; 3) for the Joint Powers Authority (JPA) to show the City how it has directly benefited from the CVA over the past years; 4) the CVA make an effort to change the title to include something for all the cities; 5) indicate to other cities that it is La Quinta's firm desire to see positive changes — they need to understand that the meaningful changes need to be done promptly; 6) schedule on the City's first meeting in November, 2005 to discuss what changes have taken place; 7) with the potential for action if the City wants to withdraw, give the required13-months notice. Mayor Adolph asked Council Member Henderson, the City's representation to the CVA for an update. Council Member Henderson shared the CVA agenda from this morning's board meeting. She said Council Member Sniff's comments were very timely and shared by many. She pointed out the agenda shows questions submitted and everyone had an opportunity to speak to every issue. She reported on Item E — CVA Re -organization stating: 1) Palm Desert and Rancho Mirage are in support of the CVA. 2) Indio has supported it with a qualified six-month status report that indicates improvement. 3) Desert Hot Springs supports with the same six-month proviso, and 4) she recommends La Quinta protect its calendar as well. 5) Palm Springs supported the CVA, most of the audience were representing Palm Springs hotels. 6) The La Quinta Resort representative was out of town. 7) Cathedral City and Indian Wells are in support, with improvement. 8) She reported she has indicated La Quinta supports with caution and expectation for reports coming back showing how issues will be addressed. She told them it was on our agenda at this meeting for consideration. She and the City Manager had to leave at the point of the Audit update, and more than half of the audit items have been addressed. She requested that Judy Vossler, also a member of the CVA Board, report about the budget. r 3U City Council Minutes 12 June 21, 2005 Ms. Vossler said the question of whether the CVA budget is a balanced one wasn't answered to everyone's satisfaction. She said they will be sending out additional information. Council Member Henderson said the CVA Board determined they can't spend a great deal of time making changes to the budget and address all of the other issues and recommended a committee be appointed to deal with it. Judy Vossler explained she has the only non -voting seat on the Board. She chairs the Hospitality and Industry Business Council and she does sit in their closed sessions. She said she wanted to state for the record that Council Member Henderson does a fabulous job representing the City. She said they made some decisions during today's meeting regarding various timelines. An Ad Hoc committee was appointed with a 60-day timeline to go through the reorganization process with each city by Dec V. Council Member Henderson stated the structure requires ratification by each city and that will take some time. Ms. Vossler stated the initial steps are to be completed'in 60 days. She said the appointees have already set their first meeting and the Interim General Manager will serve on the committee as an advisory member only. She reported the CVA will also be looking for new CEO at the same time. Council Member Osborne asked if anyone with financial background has been appointed to the Ad Hoc Committee. Ms. Vossler indicated she understands the City Managers (TAC) will be involved along with their Finance Directors. She said there are also hotel "numbers people" whose tracking sales and marketing numbers skills will be used for the accounting side of the reorganization. Council Member Sniff reiterated he feels it is vital to have full disclosure by the first meeting in November to allow the members to make proper decisions. Council Member Henderson agreed with scheduling this matter for the first meeting in November. She said the recommendations won't be ratified by all of the member cities but they should at least be available for consideration. She also stated she would like to provide the Ad Hoc Committee with a copy of Council Member Sniff's list. 37 City Council Minutes 13 June 21, 2005 REPORTS AND INFORMATIONAL ITEMS Animal Campus Commission — Council Member Henderson reported the actual operations of the new Campus are scheduled for the end of July. She said the Council Members will be invited to attend some events and she will provide dates to choose from. Mayor Adolph questioned if the City of Indio is still not participating in the valley - wide facility. Council Member Henderson stated they still have to work something out with the County. C. V. Mosquito & Vector Control District — Council Member Perkins reported two unconfirmed reports about West Nile Virus mosquito detection in La Quinta. Chamber of Commerce Workshop/Information Exchange Committee — Mayor Pro Tern Sniff reported the Chamber's primary concern expressed at the meeting was where they might be able to move the offices. League of California Cities — Council Member Henderson stated the Riverside Division has been concentrating on updates from Sacramento on budget issues San Jacinto/Santa Rosa National Monument Advisory Committee — Council Member Henderson reported on the new restrictions within the National Monument and stated hang-gliders are not happy with the proposal and are requesting changes. All other reports were noted and filed. DEPARTMENT REPORTS 1-B. REPORT OF MEETING WITH DESERT SANDS UNIFIED SCHOOL DISTRICT REGARDING HORIZON/ALTERNATIVE EDUCATION CENTER LOCATED NEAR DARBY ROAD. City Manager Genovese reported he met with the school district regarding elevation problems adjacent to the Bella Vista Community and said basically the city can't impose compatibility requirements on the school district. He said Council Members Osborne and Sniff were appointed to the committee City Council Minutes 14 June 21, 2005 but Council Member Osborne didn't participate because of the close proximity of his home to the site. He advised that the schools will be on both the east and west side of the road. He also advised that after meeting with the District the City received correspondence, (page 13 of the Staff Report), and the most compelling comments are on page 14. Mayor Pro Tem Sniff noted the city and the school district are separate entities and it is not up to the city to decide landscaping issues. He said La Quinta has no history in providing funds for school district capital projects and felt it is not the City's direct responsibility to fund or share in the funding of the project. City Manager Genovese commented the City and District have done joint use projects but not to resolve compatibility issues. Mayor Adolph asked if the District had agreements to provide a wall. City Manager Genovese responded that the City doesn't review school district projects. City Attorney Jenson explained the school district is state entity and thereby is not subject to review and approval. She advised the City only reviews and comments on the environmental documents and doesn't have jurisdiction over School District building projects. She stated one public entity can't tell another one what to do, which means La Quinta has no design control. She advised she understands the district intends to ultimately ask the City to take responsibility for Palm Royale Drive. Mayor Adolph asked if they are required to follow the City's construction codes. City Attorney Jenson commented the State of California establishes code requirements for school buildings, for safety reasons, and they are not subject to local codes. Mayor Adolph asked if the district is trying to be a good neighbor. Mayor Pro Tem Sniff responded they are aware of their state agency status and simply asked the City's opinion on their fencing and landscaping plans. He stated the City representatives voiced comments and the District tailored two options that involved funding from the City but were informed it was the District's financial responsibility. He noted that while it was pointed out the City doesn't have the power to tell them what to install, they did urge the District to show sensitivity to the problems this creates for the neighboring residents. In response to the Mayor, Public Works Director Tim Jonasson reported the school district distributed a CEQA document that didn't include grade ?9 City Council Minutes 15 June 21, 2005 elevations so it would have been very difficult for City staff to comment on noise considerations. He explained all the district was asking for is an encroachment permit and may later be asking for dedication of the street. Mayor Adolph asked if the City can require walls as part of the Palm Royale Drive dedication. City Attorney Jenson said it might be appropriate, at that time, to say the City will not accept the roadway if it doesn't meet our standards, such as add mitigation measures. She cautioned, however, if the road goes beyond the school property there may be other implications should the City not accept it. Council Member Henderson asked if the City can put a traffic signal where Palm Royale Drive comes out on Fred Waring if it doesn't accept the road. Director of Public Works/City Engineer Jonasson said the City can still control the intersection to insure safety. In response to Council Member Henderson, he stated he believes the building meets the City's setback requirements. Ian Rhodes, 43-905 Milan Court, thanked Mayor Adolph for getting rid of the debris behind his home but stated there are piles of dead weeds still there. He stated the map for his property was done in 1995 and he is curious about why the height two feet behind his wall is only two feet lower. He said he doesn't understand why the developer was allowed to build the homes. He also stated he didn't receive a disclosure of any kind about the elevation discrepancy when he purchased his home. He suggested the road be moved over about 20 feet or lowered but he doesn't feel secure being able to see the wheels of a vehicle go by as he sits on his patio. Scott Arthur, 43-845 Milan Court, stated the area in question is not near the school buildings, it is only the road that gets people to the schools that is creating the noise, drainage and sight problems. He stated he doesn't understand why the elevation was allowed in the beginning. He said the land elevation has been changed by the grading of the project that affects their property. He felt the School District's options create other problems such as double walls. He said the property owners have asked for a wall next to the road and were told the School District's engineer would get back to them but that hasn't happened. He said he believes the school district looks only at the cheapest solution but since they took something away they should have to give something back to remedy the problem. He suggested either put up a new wall or lower the grade and leave their wall alone. He 40 City Council Minutes 16 June 21, 2005 also reported that some residents have expressed concern about traffic problems with a traffic signal at Fred Waring and only a stop sign at Rome. He questioned what happens when through traffic is heavy enough to block the exit from Rome Drive. He felt the majority of property owners prefer a wall be built next to Palm Royale Drive. Scott Gorges, 43-815 Milan Court, stated the original parcel map had an offer of dedication. He thinks putting a wall in the right-of-way would block headlights from Palm Royale Drive but a double wall is not a good solution. He believes it is also most cost effective to put a wall next to the roadway. Council Member Henderson asked if it would be appropriate to have the City Attorney share the Council's feelings with the school district. She would like the City to have an opportunity to tell the School District whether the Council would look favorably on accepting the road may depend on the wall issue. Council Member Perkins agreed and felt a strong letter to that effect should be sent. A discussion ensued regarding the advisability of sending a letter versus asking to meet with the District for a second time on this issue. It was agreed by consensus that the City Manager will request a meeting with Mr. Arthur of the School District. Council Member Sniff asked the other members of the City Council to provide him with written comments to have at that meeting. MAYOR AND COUNCIL MEMBERS' ITEMS - None Council recessed to and until 7:00 P.M. 7:00 P.M. PUBLIC COMMENT - None PRESENTATIONS - None PUBLIC HEARINGS City Council Minutes 17 June 21, 2005 1. PUBLIC HEARING ON WEED ABATEMENT/LOT CLEANING ASSESSMENTS FOR PLACEMENT ON 2005/2006 PROPERTY TAX ROLLS. Building & Safety Director Hartung presented the staff report and advised that the properties have all been cleaned and the parcels owned by Mosely and Redstar were paid in full after the preparation of the agenda and should therefore be stricken from the resolution. Note: Due to a ministerial change the parcel owned by was also removed from the Resolution. Payment in full was received prior to the final vote of the City Council. The Mayor declared the PUBLIC HEARING OPEN at 7:02 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:02 p.m. RESOLUTION NO. 2005-051 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. It was moved by Council Members Sniff/Osborne to adopt Resolution No. 2005-051 as submitted. Motion carried unanimous. 2. 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) CHANGE THE GENERAL PLAN LAND USE (GPA 2005-104) AND ZONING DESIGNATION (ZC 2004-124) FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL; AND 4) APPROVE AN 80-UNIT MULTI- FAMILY RESIDENTIAL PROJECT (SDP 2005-826) FOR PROPERTY LOCATED ON THE WEST SIDE OF ADAMS STREET AND ON THE NORTH SIDE OF MILES AVENUE. CITY OF LA QUINTA REDEVELOPMENT AGENCY. Community Development Director Evans presented the staff report recommending that the hearing be opened and continued to allow time for direct notice to be delivered to all of the tenants and residents of the Vista Dunes Mobile Home Park. He advised the notice was delivered as required on January 20, 2005 and therefore asked that the City Council continue this matter to the meeting of July 5, 2005. The Mayor declared the PUBLIC HEARING OPEN at 7:05 p.m. City Council Minutes 18 June 21, 2005 MOTION - It was moved by Council Members Sniff/Henderson to continue the public hearing for EA 2005-544, GPA 2005-104, ZC 2004-124, and SDP 2005-826 for the City of La Quinta Redevelopment Agency to July 5, 2005. Motion carried unanimously. MINUTE ORDER NO. 2005-64. 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. SECTION 6J038(e)). Consultant John McMillan of the Rosenow, Spevacek Group (RSG) presented the staff report. He advised that in cooperation with Overland Pacific and Cutler, they have relocated 78 of the households. Six (6) households have settlements but have not been relocated due to close of escrows on new purchases. Eight (8) of the households still have not found suitable housing. He advised that relocations that take over one year require annual updates per state law. On May 3, 2005, the annual plan and survey were presented to the City Council who approved circulation of that plan and survey for public review and comment. Comment has been received from CRLA on behalf of Jose de la Pena, Brenda Diehl, and CRLA. The agency's legal council, Overland Pacific and Cutler and RSG have responded to those comments. He recommended that the City Council approve the amended relocation plan and annual survey update. Community Development Director Evans reiterated the recommendation on behalf of the City staff and outlined all of the steps that have been taken to comply with the statutes for relocations of this kind. He felt the City has met and in many cases exceeded the requirements to find and advise the remaining residents of suitable housing alternatives. The Mayor declared the PUBLIC HEARING OPEN at 7:1 1 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:12 p.m. MOTION - It was moved by Council Members Sniff/Henderson to approve the Amended Relocation Plan and Annual Survey Update for the Vista Dunes Mobile Home Park relocation activities. The motion was unanimously carried. MINUTE ORDER NO. 2005-65. Mayor Adolph returned to the unfinished Reports and Information portion of the agenda. 43 City Council Minutes 19 June 21, 2005 REPORTS AND INFORMATIONAL ITEMS City Attorney Kathy Jenson reported that she received word during the Dinner Recess that Judge Miller has sustained the City's demurer on virtually all counts, several without leave to amend. He has not ruled in the City's favor on the dismissal of the individual defendants. She will continue to request that dismissal via a summary judgment be granted and was gratified to report that the law suit was substantially reduced in scope. She said she will place this on a future- agenda for a more substantive report. MAYOR'S AND COUNCIL MEMBERS' ITEMS Council Member Osborne stated he had requested the matter of forming an Audit Committee and SilverRock Operations Committee be brought back for discussion and since he will be away for the July 5, 2005 meeting, he asked that these considerations come back at the July 19, 2005 meeting. Mayor Adolph reported he had notified the Quarry of the Council's decision during the Capital Improvement Plan discussions on Avenue 58 and the property manager stated he would notify the residents. Secondly, he thanked the City Manager and Public Works Director for their prompt action in getting corrections to the irrigation in some of the medians and also the installation of new plants. ADJOURNMENT The City Council recessed to Closed Session as delineated on Page 1. The City Council meeting was reconvened with no decisions being made in Closed Session which require reporting pursuant to Section 54957.1 of the Government Code (Brown Act). Respectfully submitted, JUNE S. GREEK, City Clerk City of La Quinta, California 44 0'c U _ Tit,, 4 etfv Q" AGENDA CATEGORY: OF COUNCIL/RDA MEETING DATE: JULY 5, 2005 ITEM TITLE: Demand Register Dated July 5, 2005 RECOMMENDATION: BACKGROUND: Prepaid Warrants: Approve Demand Register Dated July 5, 2005 64275 - 642891 113,726.48 64290 - 643151 108,029.52 Voids} (836.00) Wire Transfers} 309,190.31 P/R 32802 - 328211 136,303.93 P/R Tax Transfers) 35,000.34 Payable Warrants: 64316 - 644421 3,872,376.62 $4,573,791.20 FISCAL IMPLICATIONS: Demand of Cash -City $4,225,953.07 Demand of Cash -RDA $347,838.13 M. Falconer, Finance Director BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING 45 CITY OF LA QUINTA BANK TRANSACTIONS 6/16/05 - 6/29/05 6/17/05 WIRE TRANSFER - PERS $13,595.00 6/17/05 WIRE TRANSFER - ICMA $8,864.42 6/23/05 WIRE TRANSFER - RDA ESCROW $94,900.00 6/23/05 WIRE TRANSFER - RDA ESCROW $70,000.00 6/27/05 WIRE TRANSFER - LANDMARK GOLF $121,830.89 TOTAL WIRE TRANSFERS OUT $309,190.31 r 47 t 2 N P 1 1 P I I to ti N O CD In 0 f- H. 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In 01In to O-0 M Ln M M e- 1010 O O 1,- O Ln I-- N 10 N N N O 1 a-0100 I-In%O h•1- cm 10 �.O In 00 0M1�-00 00 0��No"T NOOM 00� 1 Otitititir-%01- ti 01t00 01��01 0Ln OMO•PNe PnNO•� �\ 1 00000cococo101- Or OSNN 00lIt0� 00 O��slnln�,r -kA 0r 3V I OAT �t It �T �T 11T Or 01-1010 0-00 00 O 1- 101O It 1- 101--T 04 00, ONNN 0000 ON OI�In InMMf��n ISM O= • 4 XP QUM& F of9 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: July 5, 2005 BUSINESS SESSION: ITEM TITLE: Approval of an Agreement with Davis CONSENT CALENDAR: Reed Construction Inc. to Provide Design -Build Services for the Sports Complex Improvements, STUDY SESSION: Project No. 2003-02 and the Boys and Girls Club PUBLIC HEARING: Addition, Project No. 2003-04 RECOMMENDATION: Approve an agreement with Davis Reed Construction Inc., in an amount not to exceed $413,626, to provide design -build services for the Sports Complex Improvements, Project No. 2003-02, and the addition to the Boys and Girls Club, Project No. 2003-04. FISCAL IMPLICATIONS: Adequate funds have been allocated in the Capital Improvement Budget for the projects. CHARTER CITY IMPLICATIONS: None. Prevailing wage requirements are applicable due to the use of Redevelopment funds. BACKGROUND AND OVERVIEW: On May 3, 2005, the City Council authorized staff to solicit proposals for design - build services for an 800 + square foot addition to the Boys and Girls Club and the addition of restroom facilities at the Sports Complex snack bar building. The City received proposals from Davis Reed Construction Inc. and PW Construction Inc. on June 10, 2005. The Consultant Selection Committee, which consisted of the Community Services Director, the Community Development Director, the Building and Safety Director and the Building and Safety Manager, interviewed both firms on June 20, 2005. Following its evaluation of each proposal and information gathered during the interviews, the Consultant Selection Committee recommends that Davis Reed Construction Inc. be awarded the contract for design -build services. The agreement has been approved by the City Attorney's office as to form. The following represents how the project is generally expected to proceed: Award Contract July 5, 2005 Complete construction documents September 30, 2005 Start Construction October 1, 2005 Complete Construction (3 months) December 31, 2005 Project Acceptance January 3, 2006 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve an agreement with Davis Reed Construction Inc., in an amount not to exceed $413,626, to provide design -build services for the Sports Complex Improvements, Project No. 2003-02, and the addition to the Boys and Girls Club, Project No. 2003-04; or 2. Do not approve an agreement with Davis Reed Construction Inc. to provide design -build services for the Sports Complex Improvements, Project No. 2003-02, and the addition to the Boys and Girls Club, Project No. 2003-04; or 3. Provide staff with alternative direction. Respectfully submitted, To Hartung Building and Safety Director Approved for submission by: Thomas P. Genovese, City Manager t 83 2 � s OFT9 COUNCIL/RDA MEETING DATE: July 5, 2005 ITEM TITLE: Approval of Restated and Amended Employment Agreement between the City of La Quinta and the City Manager RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: we STUDY SESSION: PUBLIC HEARING: Approve the Restated and Amended Employment Agreement ("Agreement") between the City of La Quinta and the City Manager. FISCAL IMPLICATIONS: Adequate funds have been budgeted in Account No. 101-1002-413.10-01, City Manager's Office -Salaries, Permanent Full -Time, for Fiscal Year 2005/2006. The annual salary for the City Manager under the proposed contract would be $180,000. There would be no additional cost of living adjustment to that figure for the 2005/2006 time period. For subsequent years, the figure would be subject to adjustment. CHARTER CITY IMPLICATIONS: 0[T.n BACKGROUND AND OVERVIEW: Pursuant to the Agreement between the City and Thomas P. Genovese, City Manager, dated July 1, 2004, the City Council may increase the salary and/or benefits of the City Manager based on an annual evaluation. The only substantive change proposed in this year's contract is an increase in the annual salary to $180,000. The Agreement between the City and Thomas P. Genovese, City Manager, is provided as Attachment 1. S-4 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the Restated and Amended Employment Agreement between the City of La Quinta and the City Manager; or 2. Do not approve the Restated and Amended Employment Agreement between the City of La Quinta and the City Manager; or 3. Provide staff with alternative direction. Respectfully submitted, M. Katherine Jenson, City Attorney Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Restated and Amended Employment Agreement 85 2 ATTACHMENT 1 RESTATED AND AMENDED EMPLOYMENT AGREEMENT THIS RESTATED AND AMENDED EMPLOYMENT AGREEMENT (the "Agreement") is made and entered into this 1 St day of July, 2005, by and between the City of La Quinta, a public body (the "City" or "Employer"), and Thomas P. Genovese, an individual (the "Employee"), both of whom understand as follows: WITNESSETH: WHEREAS, the City desires to continue the services of said Employee as the City Manager as provided by the La Quinta Municipal Code; and WHEREAS, it is the desire of the City to establish certain conditions of employment and to set working conditions of said Employee; and WHEREAS, Employee desires to continue employment as City Manager of said City. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties. A. Employer hereby agrees to employ Employee as City Manager of said City to perform the functions and duties specified in the La Quinta Municipal Code and as provided by state and federal law and to perform other legally permissible and proper duties and functions as the City Council shall from time to time assign. B. Employee, with prior written approval of the City Council, may undertake outside professional activities for compensation, including consulting, teaching, speaking and writing, provided they do not interfere with Employee's normal duties and are done only during vacation or other non -working time of Employee and are not done with any existing vendors or contractors of the City. Under no circumstances shall such outside activity create a conflict of interest with the duties of the City Manager and the interests of the City. Section 2. Term. A. The term of this Agreement shall continue in full force and effect for an indefinite term until terminated as herein provided. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Council acting for the City to terminate the services of Employee gd 3 at any time, with or without cause, subject only to the provisions set forth in Section 4, paragraphs A, B and C of this Agreement. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from his position with Employer, subject only to the provision set forth in Section 4, Paragraph D, of this Agreement. Section 3. Suspension. Employer may suspend the Employee with full pay and benefits at any time during the term of this Agreement. Section 4. Termination and Severance Pay. A. In the event Employee is terminated by the City Council during such time that Employee is willing and able to perform his duties under this Agreement, then in that event Employer agrees to pay Employee a lump sum cash payment equal to six months salary; provided, however, that in the event Employee is terminated for willful misconduct as defined in Section 2.08.160 of the Municipal Code, then, in that event, Employer shall have no obligation to pay the severance sum designated in this paragraph. B. Employer and Employee agree that if Employee is convicted, including a plea of no contest, of any: (1) felony criminal charges; (2) misdemeanor criminal charges related to the use of alcohol or controlled substances; or (3) misdemeanor criminal charges involving a crime of moral turpitude, any of which arise on or after the effective date of this Agreement, that conviction shall automatically constitute Willful Misconduct under Section 2.08.160 of the City's Municipal Code without further findings of fact. Furthermore, Employee knowingly and willingly waives any right to a hearing as set forth in Sections 2.08.100 through 2.08.150 of the Municipal Code, and agrees that Employer may terminate his employment immediately and without paying the severance set forth in Section 4.A. above based on the conviction. C. In the event Employer at any time during the term of this Agreement reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across-the-board reduction for all employees of Employer, or in the event Employer refuses, following written notice, to comply with any other provisions benefiting Employee herein, or the Employee resigns following a formal suggestion by the City Council that he resign, then, in that event, Employee may, at his option, be deemed to be "terminated" at the date of such reduction or such refusal to comply within the meaning and context of the severance pay provision in paragraph A above. D. In the event Employee voluntarily resigns his position with Employer before expiration of the above -referenced term of his employment, then Employee 4 87 shall give Employer sixty (60) days notice in advance, unless the parties otherwise agree. Section 5. Disability. If Employee is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of six (6) successive weeks beyond any accrued leave to which Employee is entitled, Employer shall have the option to terminate this Agreement. Termination pursuant to this Section would not subject the City to payment of severance benefits as specified under Section 4 above. However, Employee shall be compensated for any accrued sick leave, vacation, holidays, administrative leave and other accrued benefits on the same basis as any other employee of the City pursuant to the Personnel Rules. Section 6. Salary. Employer agrees to pay Employee for his services rendered pursuant hereto an annual base salary of $180,000 with no cost of living increase this year only, effective July 1, 2005, payable in equal installments at the same time as other employees of the Employer are paid. Employer agrees to review said base salary and/or other benefits of Employee at the time of an annual evaluation which shall be initiated no later than the end of May. Employer may recommend adjustments to salary and/or other benefits during the time period that the annual review is performed. Section 7. Hours of Work. It is recognized that Employee must devote time outside the normal office hours to business of the Employer. Administrative leave shall be as provided in the City Personnel Rules. Section 8. Transportation Allowance. City shall provide a $550.00/month transportation allowance as well as gasoline reimbursement pursuant to the City approved policy. Employee shall not be provided a City vehicle. Section 9. Vacation and Sick Leave. Employee shall accrue, and have credited to his personal account, vacation and sick leave as provided for the City Manager pursuant to the Personnel Rules. An additional 10 days of vacation shall be added to the vacation specified in the Personnel Rules. Section 10. Other Benefits. Employee shall be provided with the same health, dental, vision, life insurance, and retirement benefits and any future cost of living increases that occur after July 1, 2005, as other general employees of the City. Employee may receive an annual physical examination at City expense. Section 11. Other Terms and Conditions of Employment. A. The City Council, in consultation with the City Manager, shall fix any such other terms and conditions of employment, as it may determine .from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the Municipal Code or any applicable state or federal law. B. All regulations and rules of the Employer relating to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Employee as they would to other employees of Employer, in addition to said benefits enumerated specifically for the benefit of Employee except as herein provided. Section 12. Notices. Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: EMPLOYER: CITY OF LA QUINTA P. 0. Box 1504 La Quinta, CA 92247 EMPLOYEE: Thomas P. Genovese P. 0. Box 381 La Quinta, CA 92247 Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 13. General Provisions. A. The text herein shall constitute the entire agreement between the parties. Cel B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. C. This Agreement shall become effective commencing July 1, 2005. D. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. IN WITNESS WHEREOF, the City of La Quinta has caused this Agreement to be signed and executed in its behalf by its Mayor, and duly attested by its City Clerk, and the Employee has signed and executed this Agreement, both in duplicate, the day and year first above written. EMPLOYER: CITY OF LA QUINTA By: ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Qu.inta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California DON ADOLPH Mayor of the City of La Quinta 7 go EMPLOYEE: Thomas P. Genovese City Manager 91 T41y1 4 eCW Qum& COUNCIL/RDA MEETING DATE: July 5, 2005 ITEM TITLE: Approval of a Contract Services Agreement with the La Quinta Chamber of Commerce for Fiscal Year 2005-06 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 4V STUDY SESSION: PUBLIC HEARING: Approve a Contract Services Agreement ("Contract") with the La Quinta Chamber of Commerce for Fiscal Year 2005-06, and authorize the Mayor to execute the Contract. FISCAL IMPLICATIONS: The City of La Quinta Fiscal Year 2005-06 Preliminary Budget, approved by the City Council on June 20, 2005, contains funds for the La Quinta Chamber of Commerce in the amount of $125,000 (Account #101-1003-413.33-02). The City Council approved an additional $5,000 to cover the Chamber's audit costs, which has been added to the above -listed account. CHARTER CITY IMPLICATIONS: The City Charter allows the City "to utilize revenues from the general fund to encourage, support and promote economic development." The services provided for within the Chamber of Commerce Contract are consistent with this objective. BACKGROUND AND OVERVIEW: The City has been entering into an annual contract services agreement with the La Quinta Chamber of Commerce since Fiscal Year 1991-92. In preparation for continued services during Fiscal Year 2005-06, the Chamber of Commerce submitted a Contract for Services Proposal which included a request for $180,000 in funding for Fiscal Year 2005-06 (Attachment 1). The request included $125,000 for contract services; $5,000 for an annual audit/financial review (required by the City Council for non-profit organizations receiving more than $50,000 in City support); and $50,000 for facilities support to cover increasing facility lease costs. The Chamber's funding request was considered by the Council during the June 20, 2005 special budget meeting, and an appropriation for services was approved in the amount of $125,000, 9? plus an additional $5,000 for audit/financial review costs. The Council did not award the $50,000 for facilities support, and directed staff to explore the possibility of housing the Chamber in the new library building. Therefore, the total contract amount is $130,000. Accordingly, staff has prepared a Contract Services Agreement (Attachment 2) between the City of La Quinta and the La Quinta Chamber for City Council consideration with a contract sum of $130,000 in exchange for services in the following areas: Business Retention and Promotion The Gem Newspaper The Visitors Center Annual Audit/Financial Review ($5,000) Approval of the Contract will allow the Chamber to implement various activities and programs within the areas indicated above during Fiscal Year 2005-2006. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Contract Services Agreement with the La Quinta Chamber of Commerce for Fiscal Year 2005-06, and authorize the Mayor to execute the contract; or 2. Do not approve a Contract Services Agreement with the La Quinta Chamber of Commerce for Fiscal Year 2005-06; or 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager r. J 2 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . 2005-2006 City -Chamber Contract for Services Proposal and Financial Statements 2. Proposed Chamber Contract for Fiscal Year 2005-2006 94 3 ATTACHMENT 1 G4�p e�p p P j e 2005 April 28, 2005 TO: Tom Genovese, City Manager Mark Weiss, Assistant City Manager City of La Quinta FM: Diane Glanz, President/CEO La Quinta Chamber of Commerce RE: 2005-2006 City -Chamber Contract for Services Proposal Thank you for allowing the La Quinta Chamber of Commerce the opportunity to quote the City of La Quinta on a Contract for Services for the following areas of service: Contract for Services defined as: i. Business Retention and Promotion II. The GEM Newspaper III. The Visitors Center Fee: $125,000 Additional Funding Request: IV. Facilities Support Fee: $50,000 Direct Costs: V. Annual Audit/Review Fee: $ 5,000 TOTAL COST: $180,000 * (See Addendum) Our request for city funding for contract services for FY 2005-2006 is $180,000, with the requested payment schedule reflected as follows: October 17, 2005 $60,000 January 16, 2006 $60,000 April 17, 2006 $60,000 4 95 Copies of the auditor's Review of our Financial Statements and Supplementary Financial Information for the Year Ended June 30, 2004 as prepared by the accounting firm of Oscar G. Armijo, CPA, will be delivered to the City no later than May 20, 2005. The Chamber will continue to provide progress reports two weeks prior to each scheduled payment. We appreciate this opportunity to provide this proposal for services and look forward to continuing these essential services for the City. *Addendum City of La Quinta — Facilities Support For Fiscal Year July 1, 2005 — June 30, 2006 April 28, 2005 Our request for funding for the 2005-2006 year includes a request for funding to assist in facilities support for the Chamber due to the following circumstances: As you are aware, based on prior discussions during the current fiscal year, our current physical location has been purchased by new owners. We have been advised that at the end of our current annual lease in June 2005, the new owners intend to bring our required annual space rental up to fair -market value levels including triple net fees for our pro-rata share of the property expenses. Currently, we are under lease for our 1,200 square feet of space for $1,000 per month with no triple net fees added. This equates to an annual space rental of $12,000. The new owners intent is to bring our per square foot rental to $2.00 plus triple net costs. This equates to $24,000 in base rental charges plus an estimated $10,000 - $12,000 in triple net costs. That would be greater than triple our current space rental cost, with no additional space added, requiring at a minimum at least another $24,000 from our annual budget. We have been researching new facilities options over the past two fiscal cycles primarily due to our current overcrowded office conditions. These conditions include boxes of collateral materials and supplies stacked in our hallways blocking access, inadequate space to hold monthly board meetings which requires us to use outside facilities at additional costs, two to four employees per office reducing efficiencies and inadequate ability to house, utilize and promote our visitors center operations. The Chamber's Facilities committee, along with Chamber staff, has done extensive research to locate and secure facilities that would be adequate to meet our needs and properly represent the business community of La Quinta. We have solicited, received, and evaluated several lease proposals from lessors with space currently available throughout the City. We believe that the Council and staff are well aware of the fair -market value of per square foot rentals currently being charged in La Quinta. Based on our research, we have determined those costs to be in the $2.00 to $2.75 per square foot plus triple net fees range, which will add an additional $10,000 - $15,000 per year above the occupancy charges. We have also determined that to properly operate the Chamber's activities within code requirements and to meet the needs our 750 plus 96 5 members we will need approximately 2500 square feet of space. Given these facts, it appears our total occupancy costs will, at a minimum, exceed $60,000 next year in base rental fees and could go as high as $75,000 including triple net fees. We have evaluated the possibility of buying property versus leasing a facility so that the Chamber and potentially other non-profit groups throughout the city could synergize their facilities usage and obtain a permanent home. However, at this point due to land costs we have been unable to construct a model that will support that alternative. We still believe that idea has merit; however, we are faced with immediate requirements and are uncertain as to length of commitments in entering any new leases. We are certain of one thing. We will not be able to continue the Chamber's programs at anywhere near our current level without some temporary assistance. We simply cannot absorb a four -fold increase in our occupancy costs in total, in a single year. We are faced with the all too familiar case of not being able to afford to live in the town we grew up in. Yet, we are La Quinta's Chamber of Commerce and we believe vital to the ongoing business development and retention efforts in the City. We continue to seek an answer to our long-range plans for a permanent home and have met with City staff and other individuals outside in the business community. We are currently reserving some resources to fund our relocation. We need assistance to allow us time to structure and make a move to either an affordable interim space or a permanent location adequately sized to meet the needs of our business community and adhere to the provisions of our contract with the City. We are asking the City to provide additional funding to the La Quinta Chamber of Commerce for facilities supportfor the 2005-2006 year in the amount of $50,000, which represents the minimum requirement to obtain adequate facilities. The Chamber would add an additional $13,000 to its occupancy/rental budget (currently $12,000/year) for a total of $25,000 and the total of both (City $50,000;Chamber $25,000) would meet the minimum funding requirement for our occupancy needs at current fair -market value rates including triple net fees. This will provide us the interim opportunity to continue working with City staff to properly determine a long-range solution to our facilities requirements. We are confident that we will be able to find an answer to our facility needs during the 2005-2006 cycle. This will simply provide us the chance to do it correctly with a long-range vision in mind. As an alternative to direct financial support for facilities as a component of our Contract for Services, the City might consider offering currently available office space to the La Quinta Chamber of Commerce. We are aware that the newly constructed City of La Quinta Library is nearing completion and that it was built with the future in mind to have additional space for expansion. The City could consider offering 2500 square feet of space in that facility to the Chamber at $1 per year annual lease for a three-year period. The Chamber could work with its membership and also utilize some of its reserve funding for necessary tenant improvements. This alternative would also allow the Chamber adequate time to secure a longterm solution such as the purchase and development of our own property which could be a multi -use facility working with other community and civic organizations for its use. Under this alternative, the Chamber could reduce its request for funding for our Contract for Services from $180,000 to $130,000 for 2005-2006. 97 6 We have not included facilities' cost recovery or a request for office space in past proposals for service delivery to the City of La Quinta. However, due to our current circumstances with facilities needs, it is incumbent to request this as a component of our Contract for Service delivery with the City of La Quinta We believe each of these alternatives is worthy of your consideration and we are open to any discussion of how to meet the challenges we face with your consultation. We look forward to continuing to work with Council and Staff to help make La Quinta a great place to work and live. Thank you, in advance, for your consideration of our Contract for Services proposal. 98 7 LA OUINTA CHAMBER OF COMMERCE 78-371 Highway 111 La Quinta, CA 92253 FINANCIAL STATEMENTS AND SUPPLEMENTARY FINANCIAL INFORMATION For The Year Ended June 30, 2004 8 LA OUINTA CHAMBER OF COMMERCE Table of Contents June 30, 2004 Page Accountant's Review Report 1 FINANCIAL STATEMENTS Statement of Financial Position 2 Statement of Activities 3 Statement of Cash Flows 4 Notes to Financial Statements 5-9 SUPPLEMENTARY FINANCIAL INFORMATION Schedule of Support and Revenues 10 Schedule of Expenses — Program Services I I Schedule of Expenses — Administrative and General 12 100 9 OSCAR G. ARMIJO Certified Public Accountant 74-133 EL PASEO, SUITE 8 • PALM DESERT, CALIFORNIA 92260 • (760) 773-4078 • FAX (760) 773-4079 Board of Directors La Quinta Chamber of Commerce La Quinta, California 92253 We have reviewed the accompanying statement of financial position of La Quinta Chamber of Commerce (a Non -Profit Organization), as of June 30, 2004, and the related statement of activities and cash flows for the year then ended, in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. All information included in these financial statements is the representation of the management of La Quinta Chamber of Commerce. A review consists principally of inquiries of Organization personnel and analytical procedures applied to financial data. It is substantially less in scope than an audit in accordance with generally accepted auditing standards, the objective of which is the expression of an opinion regarding the financial statements taken as a whole. Accordingly, we do not express such an opinion. Based on our review, we are not aware of any material modifications that should be made to the accompanying financial statements in order for them to be in conformity with generally accepted accounting principles. Our review was made for the purpose of expressing limited assurance that there are no material modifications that should be made to the financial statements in order for them to be in conformity with generally accepted accounting principles. The information included in the accompanying Schedules I through III is presented only for supplementary analysis purposes. Such information has been subjected to the inquiry and analytical procedures applied in the review of the basic financial statements, and we are not aware of any material modifications that should be made thereto. March 21, 2005 MEMBER MEMBER California Society of American Institute of Certified Public Accountants Certified Public Accountants 101 10 FINANCIAL STATEMENTS 102 11 LA OUINTA CHAMBER OF COMMERCE Statement of Financial Position June 30, 2004 ASSETS Current Assets Cash and Cash Equivalents (Note 2) $ 36,900 Investment -Board Designated 10,242 Accounts Receivable (net of allowance of $3,063) 5,262 Deposits 600 53,004 Property and Equipment (Note 3) 14,615 Other Assets Investment - Board Designated 20,765 TOTAL ASSETS $ 88,384 LIABILITIES AND NET ASSETS Current Liabilities Accounts payable $ 7,003 Other liabilities (Note 4) 13,136 Current portion of long-term debt (Note 5) 2,618 22,757 Long -Term Liabilities Long -Term debt, less current portion 1,383 TOTAL LIABILITIES 24,140 NET ASSETS Unrestricted Net Assets Board Designated 31,007 General 33,237 Total Net Assets 64,244 TOTAL LIABILTIES AND NET ASSETS $ 88,384 See accompanying notes and accountant's report. �03 12 LA OUINTA CHAMBER OF COMMERCE Statement of Activities For The Year Ended June 30, 2004 UNRESTRICTED NET ASSETS Support and Revenues Membership Dues $ 107,570 Publication Revenue 80,923 Contract - City of La Quinta 125,000 Program Events 98,800 Other Income 11,870 424,163 EXPENSES Program Services Publications 86,451 Program Events 51,480 Supporting Services Administrative & General 280,509 418,440 INCREASE IN UNRESTRICTED NET ASSETS 5,723 NET ASSETS AT BEGINNING OF YEAR 58,521 NET ASSETS AT END OF YEAR $ 64,244 104 See accompanying notes and accountant's report. 13 LA OUINTA CHAMBER OF COMMERCE Statement of Cash Flows For The Year Ended June 30, 2004 CASH FLOWS FROM OPERATING ACTIVITIES Increase in net assets Adjustment to reconcile change in net assets to net cash provided by operating activities: Depreciation (INCREASE) DECREASE IN OPERATING ASSETS Accounts Receivable INCREASE (DECREASE) IN OPERATING LIABILITIES Accounts payable Other liabilities NET CASH PROVIDED BY OPERATING ACTIVITIES CASH FLOWS FROM INVESTING ACTIVITIES Transfer of earned revenues to board designated investment Acquisition of property NET CASH USED PROVIDED BY INVESTING ACTIVITIES CASH FLOWS FROM FINANCING ACTIVITIES Principal payments on long-term debt NET INCREASE IN CASH AND CASH EQUIVALENTS CASH AND CASH EQUIVALENTS AT BEGINNING OF YEAR CASH AND CASH EQUIVALENTS AT END OF YEAR $ 5,723 5,038 8,865 2,368 2,988 24,982 (613) (7,648) (8,261) (2,627) 14,094 22,806 $ 36,900 105 See accompanying notes and accountant's report. 14 FINANCIAL STATEMENTS 106 15 LA OUINTA CHAMBER OF COMMERCE Notes to Financial Statements June 30, 2004 NOTE 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Nature of Business La Quinta Chamber of Commerce (the Chamber) is a non-profit business association. The mission of the Chamber is to promote the economy and business community of the City of La Quinta. The Chamber's support comes primarily from membership fees, contributions, contract fees for service, revenue from organizations and revenues from special events. Basis of Accountin The Chamber prepares its financial statements in accordance with generally accepted accounting principles, which involves the application of accrual accounting; consequently, revenues and gains are recognized when earned, and expenses and losses are recognized when incurred. Basis of Presentation Financial statement presentation follows the recommendations of the Financial Accounting Standards Board in its Statement of Financial Accounting Standards SFAS No. 117, Financial Statements of Not -for -Profit Organizations. Under SFAS No. 117, the Chamber is required to report information regarding its financial position and activities according to three classes of net assets: unrestricted net assets, temporarily restricted net assets, and permanently restricted net assets. Contributions Contributions received are recorded as unrestricted, temporarily restricted, or permanently restricted support, depending on the existence or nature or any donor restrictions. Support that is restricted by the grantor is reported as an increase in unrestricted net assets if the restriction expires in the reporting period in which the support is recognized. All other grantor -restricted support is reported as an increase in temporarily or permanently restricted net assets, depending on the nature of the restriction. When a restriction expires (that is, when a stipulated time restriction ends or purpose restriction is accomplished), temporarily restricted net assets are reclassified to unrestricted net assets and reported in the Statement of Activities as net assets released from restrictions. Cash and Cash Equivalents For purposes of the statement of cash flows, cash equivalents include time deposits, certificate of deposits, and all highly liquid debt instruments with original maturities of three months or less. rt 7 16 LA QUINTA CHAMBER OF COMMERCE Notes to Financial Statements June 30, 2004 NOTE 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Accounts Receivable Accounts receivable are stated at the amount the Chamber expects to collect from outstanding balances. The Chamber provides for probable uncollectible amounts through a provision for bad debt expense and an adjustment to a valuation allowance based on its assessment of the current status of individual accounts. Balances that are still outstanding after the Chamber has used reasonable collection efforts are written off through a charge to the valuation allowance and a credit to accounts receivable. Donated Services A portion of the Chamber's functions is conducted by unpaid volunteers. The value of the contributed time is not reflected in the accompanying financial statements since the volunteer's time does not meet the criteria for recognition under SFAS No. 116, "Accounting for Contributions Received and Contributions Made." Membership Dues Membership dues are recognized as revenue in the applicable membership period. Prgp= and Equipment Acquisitions of property and equipment in excess of $500 are capitalized and recorded at cost. Depreciation of property and equipment is provided over the estimated useful lives of the respective assets on a straight-line basis. Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from these estimates. Non -Profit Status The Chamber is a private, Non -Profit Corporation organized under the laws of the State of California. The Chamber is exempt from income taxes under Section 501 (c) (6) of the Internal Revenue Code and Section 23701 (e) of the State of California Revenue and Taxation Code. Accordingly, no provisions for income taxes are included in the accompanying financial statements. 1tj8 17 LA QUINTA CHAMBER OF COMMERCE Notes to Financial Statements June 30, 2004 NOTE 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Leases Leases, which in substance transfer all to the benefits and risks equivalent to ownership of property, are classified as capital leases. The related assets and liabilities are recorded at the amounts equal to the lesser of the present value of the minimum lease payments or the fair value of the leased property at the beginning of the lease term. Generally, such assets are amortized over their economic lives. Interest expenses relating to lease liabilities are recorded using the effective interest method over the terms of the leases. All other leases are classified as operating leases. NOTE 2: CASH AND CASH EQUIVALENTS Cash and cash equivalents consists of the following at June 30, 2004: Cash On Hand $ 225 Cash -Events 170 Checking Accounts 10,326 Cash -Legislative Coalition of Valley Chambers of Commerce 700 Money Market Account 25,479 U&M NOTE 3: PROPERTY AND EQUIPMENT The following is a summary of property and equipment, less accumulated depreciation at June 30, 2004: Leasehold Improvements $ 10,746 Computer & Office Equipment 25,948 Software 4,895 Signage 496 Furniture & Fixture 984 43,069 Accumulated Depreciation (28,454 18 LA OUINTA CHAMBER OF COMMERCE f Notes to Financial Statements June 30, 2004 NOTE 4: OTHER LIABILITIES Other liabilities at June 30, 2004, were comprised of: Accrued payroll $ 3,759 Accrued vacation 3,337 Accrued sick time 4,296 Accrued medical insurance 101 Payroll taxes payable 1,643 NOTE 5: LONG-TERM DEBT Long-term debt liabilities at June 30, 2004, is summarized as follows: Obligation Under Capital Lease Capital lease agreement with Sharp Electronics Credit Corporation, dated January 3, 2001, payable in monthly installments of $235.52. Lease is payable in 5 years and bears an effective interest rate of 7.643%. $ 4,0011 Total Capital Lease 4,001 Less: Current Portion (2,618) The following is a schedule, by year, of future minimum lease payments under this capital lease together with the present value of the net minimum lease payments as of June 30, 2004: Minimum Present Value Lease of Minimum Payments Lease Payments 2005 2,826 2,618 2006 1,413 1,383 Totals sua 1-10 19 LA OUINTA CHAMBER OF COMMERCE Notes to Financial Statements June 30, 2004 NOTE 6: LEASES The Chamber has a non -cancelable operating lease related to the rental of its office space. Lease is on annual basis, with monthly payments of $1,000, which total $12,000 annually. NOTE 7: FUNCTIONAL ALLOCATION OF EXPENSES The costs of providing the various programs and activities have been summarized on a functional basis in the statement of activities. Accordingly, certain costs have been allocated among the programs and supporting services generated. 20 SUPPLEMENTARY FINANCIAL INFORMATION LA OUINTA CHAMBER OF COMMERCE Schedule of Support and Revenues For the Year Ended June 30, 2004 Membership Dues: New Membership Renewal Membership Setup Fee Publication Revenue: Spotlight Ads Map Newsletter (The Gem) Hyperlinks Labels Contract -City of La Quinta Contract for Services Program Events Luncheons Golf Tournament Business Expo Other Board Installation Other Income Interest Board Billings Mid Month Mailing Other Income Total Support and Revenues See accountant's report. $ 35,163 66,055 6,352 107,570 840 2,025 75,808 500 1.750 80,923 125,000 36,278 23,480 23,598 8,110 7,334 98,800 814 395 9,414 1.247 11,870 $ 424,163 113 22 LA OUINTA CHAMBER OF COMMERCE Schedule of Expenses — Program Services For the Year Ended June 30, 2004 Publications The Gem $ 84,817 Website 1,634 86,451 Program Events Luncheons 18,114 Golf Tournament 9,518 Business Expo 14,626 Other 1,294 Board Installation 7,928 51,480 Total Expenses - Program Services $ 137,931 See accountant's report. 114 23 LA OUINTA CHAMBER OF COMMERCE Schedule of Expenses — Administrative and General For the Year Ended June 30, 2004 Bank Charges Board Meeting Expense Mid Month Mailing Legal and Accounting Credit Card Fees .Meeting Expense Mileage Expense Equipment Lease Computer .Expense Bad Debt Expense Payroll Services Dues and Subscriptions Miscellaneous Expenses Insurance - D & O Office Supplies Payroll Expenses Postage Printing Rent Expense R & M -Equipment R & M -Office Telephone Utilities Office Storage Security Visitor Center Tourism Depreciation Expense Total Expenses - AdmW-"W""�-ak'14c XWGeneral See accountant's report. $ 2,281 2,995 4,363 10,419 720 1,869 761 3,048 2,526 1,750 1,672 1,720 16,076 6,479 8,671 180,353 1,772 2,004 12,000 1,458 2,370 5,708 2,929 684 300 543 5,038 $ 280,509 115 24 ATTACHMENT 2 CONTRACT SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement"), is made and entered into by and between the CITY OF LA QUINTA, a California municipal corporation (the "City"), and LA QUINTA CHAMBER OF COMMERCE (the "Contractor") (the "Chamber"). WHEREAS, the City and Contractor originally entered into those certain funding and lease agreements for the 1991-1992 through 2004-2005 fiscal years; and, WHEREAS, both parties agree that the services performed by Contractor result in direct benefits to the project areas in commercial revitalization and stimulation. The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services related to the promotion, encouragement, representation and retention of business and business activities in the City of La Quinta, as specified in the "Scope of Services and Schedule of Performance" attached hereto as Exhibit "A" and incorporated herein by this reference (the "service" or "work"). Contractor warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards consistent with past services undertaken by Contractor. 1.2 Contractor's Proposal. The Scope of Services and Schedule of Performance shall include the Contractor's proposal or bid, if any, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. r 116 25 1.4 Licenses, Permits, Fees, and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the following schedule, but not exceeding the maximum contract amount of One Hundred Thirty Thousand Dollars ($130,000) (the "Contract Sum"). Payments shall be made upon receipt of invoice in accordance with the following schedule: Contract Payment October 17, 2005 $43,334 January 16, 2006 $43,333 April 17, 2006 $43,333 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in the Scope of Services and Schedule of Performance (Exhibit "A"). Extensions to the time period specified in the Scope of Services and Schedule of Performance may be approved in writing by the Contract Officer. 117 26 3.3 Force Maieure. The time period specified in the Scope of Services and Schedule of Performance (Exhibit "A") for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contracting Officer in writing of the causes of the delay. The Contracting Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his judgement such delay is justified, and the Contracting Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Section 7.7 of this Agreement, this Agreement shall continue in full force and effect until June 30, 2006. 4.0 COORDINATION OF WORK 4.1 Representatives of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Lew Piper, Chairman of the Board b. Linda Evans, 1 st Vice Chair C. Scott Brooks, 2nd Vice Chair d. Robert Sylk, Secretary e. Pedro Rincon, Treasurer f. Ruth Finholt, Interim President/Chief Executive Officer It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Contractor and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. lib 27 4.2 Contract Officer. The Contract Officer shall be the City Manager or such other person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents, or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. The City shall provide Contractor with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to the City. The City shall additionally provide Contractor staff assistance and shall take prompt and appropriate action when it will assist in ensuring and timely performance by Contractor hereunder. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Contractor shall carry general liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's act or omissions arising out of or related to Contractor's performance under this Agreement in an amount equal to One Million Dollars ($1,000,000) per occurrence. Contractor shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws and professional errors and omissions liability insurance. Such insurance shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days' written notice of proposed cancellation to City. The insurance policy shall contain a severability of interest clause providing that the coverage shall {� 28 be primary for losses arising out of Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to any such losses. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insureds shall be delivered to and approved by the City concurrent with execution of this Agreement. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify the City, its contractors or employees. 5.2 Indemnification. The Contractor shall defend, indemnify and hold harmless the City, its officers, employees, representatives and agents ("City indemnitees"), from and against any and all actions, suits, proceedings, claims, demands, losses, costs and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by the City) ("Claims") and for errors and omissions committed by Contractor, its officers, employees, and agents, arising directly or indirectly out of or related to Contractor's performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such Claims, Contractor shall provide a defense to the City indemnitees, or at the City's option, reimburse the City indemnitees their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. In addition Contractor shall be obligated to promptly pay any final judgment or portion thereof rendered against the City indemnitees. 5.3 Remedies. In addition to any other remedies the City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City may, as its sole option: 1. Obtain such insurance and deduct and retain the amount of the premiums of such insurance from any sums due under this Agreement. 2. Order the Contractor to stop work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 3. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies the City may have and are not the exclusive remedies ; for 10 0 29 Contractor's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. At a minimum, three progress reports, including an accounting of expenditures, shall be provided on or about October 2005, January 2006, and April 2006. 6.2 Records. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, the City may take such immediate action as the City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.7. 7.3 Retention of Funds. City may withhold from any monies payable to Contractor sufficient funds to compensate City for any losses, costs, liabilities or damages it reasonably believes were suffered by City due to the default of Contractor in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contractor requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contractor. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior to Expiration of Term. This Section shall govern any termination of this Agreement, except for termination by the City for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease spending City funds except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered and/or committed to contractually prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter. Contractor may also terminate this Agreement upon thirty (30) days' written notice to City. 7.8 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION. 31 8.1 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of the City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which he or she is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of: any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section 9.1. 123 32 To City: CITY OF LA QUINTA P. 0. Box 1504 La Quinta, California 92247-1504 78-495 Calle Tampico La Quinta, California 92253 Attention: Thomas P. Genovese, City Manager To Contractor: LA QUINTA CHAMBER OF COMMERCE 78-371 Highway 111 La Quinta, California 92253 Attention: Ruth Finholt, Interim President/Chief Executive Officer 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. i'4 33 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Dated: ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: CITY OF LA QUINTA, a California municipal Corporation JIM M. KATHERINE JENSON, City Attorney City of La Quinta, California Dated: DONALD 0. ADOLPH, Mayor City of La Quinta, California LA QUINTA CHAMBER OF COMMERCE MI - Name: Title: "CONTRACTOR" 34 EXHIBIT "A" SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE FOR FY 2005-06 The Chamber shall provide the following services: A. Business Retention & Promotion B. The Gem Newspaper (12 editions) C. The Visitor's Center The Chamber shall provide an annual audit/financial review report. The Chamber shall provide the City with three written reports on its activities as required by this Agreement. These reports will be submitted in accordance with the following schedule: 1. First report - October 2005 2. Second report - January 2006 3. Third report - April 2006 126 35 a, ° 4 QuIR& ti OF T COUNCIL/RDA MEETING DATE: July 5, 2005 ITEM TITLE: Approval of Contract Services Agreement with Kiner Communications for Professional Marketing Services for Fiscal Year 2005-06 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: or STUDY SESSION: PUBLIC HEARING: Approve a Contract Services Agreement with Kiner Communications for professional marketing services for Fiscal Year 2005-06, and authorize the City Manager to execute the contract. FISCAL IMPLICATIONS: The proposed Contract Services Agreement ("Contract") amount is $244,000 and would be supported by the following funding sources (as approved in the City of La Quinta's Fiscal Year 2005-06 Preliminary Budget): Economic Development ($182,000) Redevelopment ($ 57,000) Community Services ($ 5,000) CHARTER CITY IMPLICATIONS: The City Charter allows the City "to utilize revenues from the general fund to encourage, support and promote economic development." The services provided for within the Kiner Communications Contract are intended to fulfill this objective. BACKGROUND AND OVERVIEW: At the April 19, 2005 City Council meeting, the City Council considered, and adopted, the City of La Quinta Marketing Plan for Fiscal Year 2005-06 (Attachment 1), which is 127 the guiding document used to implement the City's overall marketing program. At that time, Council directed staff to negotiate a contract with Kiner Communications for professional marketing services to be rendered in Fiscal Year 2005-06. Kiner would be responsible for assisting the City with the implementation of certain tasks and programs within the adopted City of La Quinta Marketing Plan. Other marketing activities in the Plan will be handled directly by staff or via the City's contract with Landmark, the golf course operator for the Arnold Palmer Classic Course at SilverRock. Kiner Communications has been on contract with the City since Fiscal Year 1998-99, offering professional marketing services. Per City Council direction, and consistent with the exceptions clause of the City's consultant selection process, staff has renegotiated a Contract Services Agreement with Kiner Communications for Fiscal Year 2005-06. The proposed Contract is provided as Attachment 2. The Contract amount of $244,000 reflects Kiner's Scope of Services and budget proposal, which are both included in the Contract as Exhibit "A." Kiner Communications has adjusted its monthly retainer from $36,000 per year to $48,000 per year to reflect an increase in retainer hours due to large projects such as the City calendar and the recent approval of a quarterly City newsletter. Two marketing items (the City's 2006 calendar and the Marketing Recruitment Program), which were not completed under the previous contract, will be carried over for completion in Fiscal Year 2005-06, along with a corresponding amount of $51,500. The carryover amount is not part of the Contract sum of $244,000. The proposed Contract, if approved, will allow Kiner Communications to implement various marketing and advertising activities, as outlined in the City's Marketing Plan, particularly in the areas of general City marketing, economic development, City communication, and community services. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Contract Services Agreement with Kiner Communications for Fiscal Year 2005-06, and authorize the City Manager to execute the Contract; or 2. Do not approve a Contract Services Agreement with Kiner Communications for Fiscal Year 2005-06; or 3. Provide staff with alternative direction. 18 2 Respectfully submitted, V�"a"'� 4-k--- Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. City of La Quinta 2005-06 Marketing Plan 2. Proposed Contract Services Agreement with Kiner Communications for Fiscal Year 2005-06 129 3 Attachment 1 '_J CITY OF LA QUINTA MARKETING PLAN FISCAL YEAR 2005-06 Prepared by Kiner Communications Promote "Stay and Play" and "Shop and Dine" in Southern California Drive -In Markets Advertise in Southern California drive-in markets using the L.A. Times, a 30-second TV spot featured on networks like the Golf Channel and Travel Channel, and airing the 2005 out -of -market infomercial in the Orange County market. In lieu of producing a new long - format infomercial this year, develop concise 30-second spots that air more frequently highlighting key communication points for the City — such as new hospitality, shopping, and dining options as well as recreational options such as the Arnold Palmer Classic Course. Target local visitors and residents, encouraging them to discover all the exciting new shopping and dining options in La Quinta Create a 30-second spot to air locally on networks frequently watched by guests, such as the Weather Channel. The spot will have a shop/dine focus, utilizing a theme such as "Have you seen La Quinta lately?" The spot can also be featured on local news to communicate this message to residents, as well. Complement TV campaign with "Shop/Dine La Quinta" print ads to run in The Desert Sun and tourist publications like TravelHost and Desert Entertainer. Continue to position La Quinta as a great place to do business; promote business opportunities and encourage business retention by communicating La Qumta's ongoing ambitions for economic development • Continue a strong presence at prominent local events such as the ICSC Convention and the Bob Hope Chrysler Classic through program guide advertising. The ads reach business owners and decision makers in town who may be interested in relocating and opening a business in La Quinta. • Put together a direct mail piece to follow-up with businesses and developers who have shown interest in La Quinta in the past — as well as key businesses the City still wishes to attract. The piece will also highlight the upcoming restaurant/retail opportunities that SilverRock Resort will offer in the next couple of years. This list will be generated, in part, by the businesses identified in the 2005 business recruitment marketing program currently in progress. • Continue to attend trade shows and enhance presence via purchase of City promotional items that help market the City such as highlighters, coasters, and pens. • Continue annual sponsorship of the Riverside County Fair & National Date Festival. • Maintain a contingency account for unique advertising opportunities. 130 4 W_ r*" Convey important public safety information, community services and economic development updates through proven publications • Continue to advertise in the Palm Springs Life Advertorial (October Desert Cities Progress Issue). • Produce City Calendar that is both functional as a calendar and informative on City progress and events. • Create and distribute a quarterly City Report (newsletter) to allow for more information to spread out at different times of the year —effectively communicating in larger, more legible text and bigger graphics/photography. • Redesign the City's section in the Q= to maximize communication. Create eye-catching graphics using more color and photos. Place a "teaser" ad on the cover, highlighting: "Your City Report Inside — get all the latest updates on the City of La Quinta.' • Create postcards, posters and other materials to support Community Services, such as the City Picnic/spring events and the wonderful new amenity the community has in the upcoming state-of-the-art library facility. • Produce and mail quarterly recreation brochures to residents, and continue to issue press releases on classes, trips, programs, etc. sponsored by the Community Services Department. • Promote significant Community Services events, such as events aimed at bringing more people into the Village. • Explore the creation of a basic walking map of the Village to show all there is to do and see there — including the City's public art pieces, Civic Center Campus and general shopping and dining areas in the Village. • Continue to promote community services and general City information via the Cm monthly publication. r Continue branding and promoting the new golf course at SilverRock • In order to get the word out to the masses regarding the new championship course at SilverRock, a rotator (traveling) board will be secured for the next six months (under the McMurry contract). The board will rotate throughout the Valley and have a different and �•,i prominent location every two months. • Broadcast existing 30-second spots featuring the Arnold Palmer course. Spots would be recommended for PGA coverage on broadcast, the Golf Channel and local news. C Continue to target the golf resort population when it is here in the Coachella Valley with advertising and media coverage in golf and travel publications (such as Desert Golf Magazine, the Palm Springs Life Guide, TravelHost, and the September hardbound issue of Palm Springs Life) — as well as a special section and special rate ads in The Desert Sun. u Develop a sales kit tool that can also be utilized as a media kit. This would include a folder, a tournament brochure, information on practice/teaching facilities when they become available, photography and other inserts featuring opportunities at the course. Sales kit can then be used to target meeting planners, tournament directors and sales departments of hotels in the Valley — particularly hotels that are not associated with their own golf course. • Research and implement PR opportunities to get SilverRock covered in feature stories in golf and travel publications, as well as articles already planned as part of a magazine's editorial calendar (i.e., if Alaska Airlines is doing a feature on the best new golf courses, work to get SilverRock covered as part of that article). • Revise/update rack cards and website, as needed. MANAGED BY Economic Development `j Community Services Golf Operator r-9 ATTACHMENT 2 CONTRACT SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, (the "City") and KINER COMMUNICATIONS (the "Contractor"). The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services set forth in this Agreement as well as those set forth in Exhibit "A," which is attached hereto and incorporated herein by this reference as though set forth in full. These services are collectively referred to hereinafter as the "services" or the "work." The Contractor acknowledges that the Scope of Services includes certain, but not all, services set forth in the City's adopted Marketing Plan prepared by Contractor. Contractor warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Contractor's Proposal: The Scope of Services shall include the Contractor's proposal and bid, if any, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of the proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should the Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, it shall immediately inform City of such fact and shall not proceed except at 1i3 Contractor's risk until written instructions are received from the Contract Officer (as defined in Section 4.4 hereof). 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Contractor shall not relieve Contractor from any obligation to correct any incomplete, inaccurate or defective work at no further cost to the City, when such inaccuracies are due to the negligence of Contractor. 1.7 Additional Services. In accordance with the terms and conditions of the Agreement, the Contractor shall perform services in addition to those specified in the Scope of Services in Section 1.1, above, only when directed to do so in writing signed by the Contract Officer. The cost of any such additional services shall be agreed to in writing signed by the Contractor and the Contract Officer in advance of the provision of the services. In no event shall the total costs of such additional services exceed five percent (5%) of the Contract Sum unless approved in advance by the City Council. 1.8 Correction of Work. The performance of services or acceptance of information furnished by Contractor shall not relieve the Contractor from obligation to correct any defective, inaccurate or incomplete work subsequently discovered and all such work shall be remedied by the Contractor on demand without cost to the City. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in an amount not exceeding the maximum contract amount of Two Hundred Forty Four Thousand Dollars ($244,000) (the "Contract Sum"), except as provided in Section 1.7. The Contract Sum includes payment of the Contractor's Monthly Contractor Fee as provided in Section 2.2 as well as the payments pursuant to Sections 2.3 through 2.6. Contractor acknowledges that the Contract Sum is the maximum amount the City shall be obligated to pay for the services within the Scope of Services, and that the actual required payments may be less than that amount. 2.2 Monthly Contractor Fee. The Monthly Contractor Fee paid to Contractor shall not exceed $3,000 per month to assist in the implementation of the City's marketing and public relations program, for a total of $48,000 through the Term of this Agreement. The Monthly Contractor Fee covers a minimum of forty (40) account service hours per month. These hours include basic account service including, but not limited to, client meetings (in person, by phone, fax or e-mail), strategic planning, budgeting, investigating PR opportunities, media relations, media placement, research, and production management. The Monthly Contractor Fee includes the writing and distribution of local and regional press releases, articles, and other public information materials as well as the writing of all status/progress reports. The Monthly Contractor Fee covers meetings to include at least 134 one in -person meeting at La Quinta City Hall every two weeks, and weekly updates via telephone or e-mail on the alternate weeks. Contractor shall track all account services hours for this project and submit a list of account services hours and the associated tasks/work completed as part of a Monthly Status Report, as described in Section 2.7, to the Contract Officer by the 251h of each month throughout the Term of this Agreement. Prompt and complete submission of the Monthly Status Report to the Contract Officer will assist in ensuring prompt payment of the Monthly Contractor Fee. 2.3 Costs for Marketing Plan Items. The City's adopted Marketing Plan, prepared by Contractor, outlines specific components and corresponding items in the areas of General City Marketing, City Communication, and Arnold Palmer Classic Course Marketing which essentially encompass the City's overall marketing program. The Contractor will be responsible for implementation of the items outlined in the Scope of Services (Exhibit "A") which are all part of the City's Marketing Plan and, thus, considered Marketing Plan items. The total amount paid to Contractor or to third parties for the implementation of said Marketing Plan items, including any and all payments pursuant to Section 2.3 through 2.6', inclusive, shall not exceed One Hundred Ninety Six Thousand Dollars ($196,000) for the Term of this Agreement. Contractor acknowledges that the Marketing Plan items contained in Exhibit "A" do not constitute the entire Marketing Plan adopted by the City. Contractor acknowledges and agrees that the City has the right to implement the remaining items in the Marketing Plan without using the services of Contractor if the City so chooses. Prior to undertaking any of the Marketing Plan items, Contractor shall submit a written job authorization request which shall outline the total costs to the City for the implementation of the Marketing Plan item at issue and which shall also contain a schedule of performance. Contractor shall not proceed with carrying out the item unless and until the Contract Officer approves the written job authorization request in writing. If the Contract Officer does not approve the written job authorization request, Contractor shall not perform the item and shall not be entitled to any compensation relating to the item. The City shall not be responsible for any costs for the Marketing Plan items beyond those set forth in the approved written job authorization request unless the additional costs are approved in writing in advance by the Contract Officer. Contractor acknowledges and agrees that City has the right, at its sole discretion, to postpone or cancel implementation of any Scope of Services item(s) upon reevaluation of said item(s), taking into account market trends and challenges and/or other existing factors which would cause City to postpone or cancel item(s). Contractor also acknowledges that City has the right to modify, change, or limit scope of any Scope of Services item(s). Contractor will receive payment consistent with actual work completed as agreed to by City and Contractor, and no payment if City opts to cancel item(s). 2.4 Vendor Services. Contractor shall act on the City's behalf to negotiate prices for vendor services. Vendor services will be charged to the City at cost plus 20% to cover time and administrative costs. Vendor services include, but are not limited 135 to, printing, talent, video and studio time. Vendor invoices shall be included with Contractor invoices in order to receive reimbursement. 2.5 Account Services Expenses. Contractor shall invoice account service expenses at cost, with no markup. These expenses include postage, long-distance telephone, and extraordinary travel outside of the Coachella Valley, as directed by Contract Officer (i.e., representation of City at a trade show outside of the Coachella Valley). Normal costs of doing business are absorbed in the Monthly Contractor Fee. 2.6 Additional Graphic Design and Production.. Additional graphic design and production will be billed at the rate of $105/hour. Any production that is not included in the Marketing Plan will be estimated by the Contractor and approved in writing by the Contract Officer in advance of work commencing. Such work will be authorized as described in Section 4.8 of this Agreement. 2.7 Monthly Status Reports and Budget Updates and Quarterly Reports. By the 251h day of each month throughout the Term of this Agreement, Contractor shall forward a written Monthly Status Report and Budget Update to the Contract Officer. The Monthly Status Report shall include all work items completed during the month, and work items anticipated to be completed in the upcoming month as well as a list of account service hours and associated tasks/work completed. The Budget Update shall include the current status of the budget including all items billed to date, total amount of budget expended, and total amount of budget remaining. Quarterly Reports shall also be submitted by Contractor and shall be prepared in a manner that is appropriate for City Council review. Quarterly Reports shall be due on or about the following dates: September 15, 2005; December 15, 2005; March 15, 2006; and June 15, 2006. The Quarterly Reports shall be comprehensive and include a report on all Marketing Plan items completed or worked on during the quarter, with samples of work products attached when available. The Monthly Status Report and Budget Update and Quarterly Report must be received in order to process payment of Monthly Contractor Fee and/or other invoices submitted by Contractor. Failure to submit the Monthly Status Reports and Budget Updates and Quarterly Reports may result in withholding payment on invoices. Prompt and complete submission of the Monthly Status Report and Budget Update and Quarterly Report to the Contract Officer will assist in ensuring prompt payment of the Monthly Contractor Fee and invoices. 2.8 Method of Payment. Any month in which Contractor wishes to receive payment, Contractor shall submit to the City no later than the tenth (10th) working day of such month, in the form approved by the City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, (2) specify each staff member who has provided services and the number of hours assigned to each such staff member, (3) indicate the total expenditures to date, and (4) the total amount remaining to date. Such invoice shall contain a certification by a principal member of Contractor specifying that the payment requested is for work performed in accordance with the terms of this 3 10 Agreement. City will pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. Failure to submit the Monthly Status Reports and Budget Updates and Quarterly Reports may result in withholding payment on invoices. Prompt and complete submission of the Monthly Status Report and Budget Update and Quarterly Reports to the Contract Officer will assist in ensuring prompt payment of the Monthly Contractor Fee and invoices. 2.9 Work Items Under Previous Contract. The previous contract services agreement, which was in effect from July 1, 2004 through June 30, 2005, specified certain work items that were not completed by Contractor during said time period. Budgeted funds have been carried over to the 2005-2006 City budget in the amount of Fifty One Thousand Five Hundred Dollars ($51,500) to allow for completion of two work items during the 2005-2006 fiscal year. The uncompleted work items are the completion of design and production of the City's 2006 Calendar along with associated printing and mailing activities, and the completion of the City's Business Recruitment Program as specified in the adopted 2004-2005 City of La Quinta Marketing Plan. Contractor acknowledges and agrees that said tasks will be completed in full, or as directed by City, during fiscal year 2005-2006 and that the compensation for the items shall be in accordance with the 2004-2005 contract services agreement and shall not exceed the amount carried over as specified above. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Section 3.4 and within the schedule of performance set forth in written job authorization requests. Extensions to the time period specified in Section 3.4 may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Section 3.4 for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 137 11 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect from July 1, 2005 through June 30, 2006. 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Scott Kiner, Principal b. Andrea Carter, Senior Account Executive it is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a material inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Contractor and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contractor's Project Managers. Scott Kiner and Andrea Carter shall, through the duration of the Agreement term, act as the Contractor's Project Managers for services required under this Agreement. Mr. Kiner and/or Ms. Carter shall attend all meetings with the City, answer phone calls from City, and act as the City's "point persons for this project. As Project Managers, Mr. Kiner and Ms. Carter are providing extraordinary and unique services to the City that cannot be replaced or adequately compensated in money damages, and thus any unilateral assignment of the rights and duties of Kiner Communications and/or Scott Kiner and/or Andrea Carter will cause irreparable injury to the City. Therefore, the Contractor agrees that in the event of any assignment, change of ownership, merger, or change in partnership arrangement and/or if Scott Kiner or Andrea Carter is no longer with the Contractor for any reason, the entire Agreement at the City's sole discretion shall be rendered null and void, and shall discharge any and all duties which the City has under this Agreement. 4.3 Project Management of Scope of Services. Once task authorization is received, the Contractor shall have the sole and full responsibility for all aspects of project management and implementation of all programs and tasks including, but not limited to, general City marketing, City communication, economic development, and community services programs. Such project management and implementation responsibilities include, but are not limited to, coordination with the media, businesses, restaurants, retailers, builders and the Chamber of Commerce and distributing collateral materials produced for programs to City Hall, Chamber of Commerce, retail outlets, etc. 1.38 12 All economic development leads shall -be referred to the City Contract Officer for follow up. 4.4 Contract Officer. The Contract Officer shall be the Assistant City Manager of the City or such other person as may be designated in writing by the Assistant City Manager of the City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. In the event that Contractor does not obtain prior written approval of City, the entire Agreement at the City's sole discretion shall be rendered null and void, and shall discharge any and all duties which the City has under this Agreement. 4.6 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.7 City Cooperation. The City shall provide Contractor with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to the City. Additionally, the City shall provide Contractor staff assistance and shall take prompt and appropriate action when it will assist in ensuring timely performance by Contractor hereunder. 4.8 Task Authorization. The approval of the Marketing Plan by the City Council and/or the execution of this Agreement by the parties hereto does not constitute an authorization to proceed with the work specified in said Agreement. The Contract Officer shall separately authorize Contractor to proceed on the tasks in the manner set forth in Section 2.3. Contractor shall have no claims for compensation for services on all or part of any work task upon which the Contract Officer has not authorized Contractor to proceed. 13 4.9 No Changes to Work Required. Contractor shall make no change in the character or extent of the work required by this Agreement, except as may be authorized in writing by Contract Officer. Such supplemental authorization shall set forth the specific changes of work to be performed and any related extension of time and/or adjustment of fee to be paid to Contractor by City as provided for in Sections 1.7 and 9.3 of this Agreement. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. The Contractor shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, general liability and property damage insurance in an amount equal to One Million Dollars ($1,000,000) per occurrence against all claims for injuries against persons or damages to property resulting from Contractor's acts or omissions arising out of or related to Contractor's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insureds shall be delivered to and approved by the City prior to commencement of the services hereunder. The Contractor shall also carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by the Contractor, its officers, anyone directly or indirectly employed by the Contractor, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contractor's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insureds shall be delivered to and approved by the City prior to commencement of the services hereunder. Contractor shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days' written notice of proposed cancellation to City. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify the City, its officers, employees, contractors, subcontractors or agents. 140 14 5.2 Indemnification. The Contractor shall defend, indemnify and hold harmless the City, its officers, employees, representatives and agents ("City indemnitees"), from and against any and all actions, suits, proceedings, claims, demands, losses, costs and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by the City) ("Claims") and for errors and omissions committed by Contractor, its officers, employees, and agents, arising directly or indirectly out of or related to Contractor's performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such Claims, Contractor shall provide a defense to the City indemnitees, or at the City's option, reimburse the City indemnitees their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. In addition Contractor shall be obligated to promptly pay any final judgment or portion thereof rendered against the City indemnitees. 5.3 Remedies. In addition to any other remedies the City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order the Contractor to stop work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies the City may have and are not the exclusive remedies for Contractor's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 Reports. By the 25th day of each month throughout the term of this Agreement, Contractor shall forward a written Monthly Status Report and Budget Update to the Contract Officer. The Monthly Status Report shall include all work items completed during the month, and work items anticipated to be completed in the upcoming month; as well as, a list of account service hours and associated tasks/work completed. The Budget Update shall include the current status of the budget including all items billed to date, total 141 15 amount of budget expended, and total amount of budget remaining. Quarterly Reports shall also be submitted by Contractor and shall be prepared in a manner that is appropriate for City Council review. Quarterly Reports shall be due on or about the following dates: September 15, 2005; December 15, 2005; March 15, 2006; and June 15, 2006. The Quarterly Reports shall be comprehensive and include a report on all Marketing Plan items completed or worked on during the quarter, with samples of work products attached when available. The Monthly Status Report and Budget Update and Quarterly Report must be received in order to process payment of Monthly Contractor Fee and/or other invoices submitted by Contractor. Failure to submit the Monthly Status Reports and Budget Updates and Quarterly Reports may result in withholding payment on invoices. Prompt and complete submission of the Monthly Status Report and Budget Update and Quarterly Report to the Contract Officer will assist in ensuring prompt payment of the Monthly Contractor Fee and invoices. 6.2 Records. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records. 6.3 Ownership of Documents. All materials, whether in hard copy or electronic form, which are prepared by Contractor, its employees, subcontractors or agents in the performance of this Agreement including but not limited to taglines, mascot, mascot name, mascot costume, mascot likeness, "Quail Quill", logos, names, film, artwork, transparencies, articles, editorials, press releases, ads, videos, scripts, collateral materials, photography, photo library, graphics, web site design and artwork, City Marketing Plan, and other written or graphic documents and exhibits shall, upon payment by City for same, be the property of the City. Such items shall include any and all drafts, designs, mockups, drawings and completed materials. During the term of the Agreement, these materials, other than printed collateral materials, will generally remain on Contractor premises under City ownership. Such materials owned and paid for by the City shall be used exclusively in Contractor work for the City. Contractor shall not use City owned materials for any other purpose or client without prior, express written authorization from the Contract Officer. Upon the termination of this Agreement or upon earlier request of the Contract Officer, all above -listed materials shall be delivered to City, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the materials hereunder. Contractor shall cause all subcontractors and vendors to assign to the City any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages suffered thereby. 1_ 4 2 W. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Contractor shall not disclose to any other private entity or person any information regarding the activities of the City, except as required by law or as authorized by the City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, the City may take such immediate action as the City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Contractor sufficient funds to compensate City for any losses, costs, liabilities or damages it reasonably believes were suffered by City due to the default of Contractor in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contractor requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contractor. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 143 17 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. Both parties to this Agreement reserve the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with Section 6.3 or such as may be approved by the Contract Officer, except as provided in Section 7.3. Contractor shall keep adequate records to substantiate the cost claimed. 7.8 Termination For Default Of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 144 18 8.2 Conflict of Interest. No officer or employee of the City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. Contractor hereby covenants that it has, at the time of the execution of this Agreement, no interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement, nor shall it acquire any such interest at any time during such performance of services. Contractor further covenants that during the performance of this Agreement, no person having any such interest shall be employed by Contractor. 8.3 No Future Conflict of Interest. While under contract to the City, Contractor shall not for any new or existing client, bid on or accept any projects or contracts related to or including marketing, advertising and public relations for a Coachella Valley based city, travel or tourist area for economic development related purposes without the prior written approval of City. Such action will be deemed a conflict of interest and the entire Agreement at the City's sole discretion shall be rendered null and void, and shall discharge any and all duties which the City has under this Agreement. City at its sole discretion shall determine whether an action is deemed to be a conflict of interest. 8.4 Covenant against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, disability or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, physical disability, mental disability, medical condition, age or ancestry, 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section 9.1. 19 To City: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, California 92253 P.O. Box 1504 La Quinta, California 92247-1504 Attention: Mark Weiss, Assistant City Manager To Contractor: Kiner Communications 73-101 Highway 1 1 1, Suite 4 Palm Desert, California 92260 Attention: Scott Kiner 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement except as to the carryover tasks referenced in Section 2.9 which shall be governed by the 2004-2005 contract services agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not effect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. 146 20 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA: Dated: ATTEST: JUNE S. GREEK, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney Dated: 0 THOMAS P. GENOVESE, City Manager "CITY" KINER COMMUNICATIONS: as Name: Title: "CONTRACTOR" 147 21 Exhibit "A" Scope of Services 2005-2006 Kiner Communications is pleased to offer its services as a marketing partner/contractor for the 2005-06 fiscal year. As part of this contract, we are committed to providing the very best in marketing services to the City of La Quinta — which includes public relations services, fresh and creative artwork and new strategies for communicating effectively with the City of La Quinta's target markets. Kiner Communications will generate 2-3 news releases per month, depending on information provided by City staff regarding what's happening in La Quinta. Kiner Communications will also provide quarterly reports to the City Council, sharing marketing strategies executed and an update on all marketing activity, in general. As your marketing contractor, Kiner Communications shall receive a Monthly Contractor Fee to implement the City of La Quinta's marketing and public relations program. The Monthly Contractor's Fee covers at least forty (40) account service hours per month to include: *Full responsibility for all aspects of project management and implementation of all programs and tasks listed in the City Marketing Plan, including, but not limited to: o Generating 2-3 press releases per month o Producing new TV spots focusing on a "Shop/Dine La Quinta" message and a "Stay & Play" message o Researching and placing Orange County media schedules for purposes of featuring existing infomercial, as well as new :30 second television spots o Coordinating copy and photography of 2005 Palm Springs Life Advertorial o Producing and mailing of four quarterly City Report newsletters o Coordinating new Bob Hope Chrysler Classic program ad o Coordinating remainder of marketing recruitment program — as well as creating a direct mail piece to follow up with identified target businesses o Coordinating 2007 calendar production including photography, design, printing, and mailing o Overseeing ICSC ad creation and media placement o Marketing for various Community Services events such as the City Picnic o Creating and placing media for "Shop/Dine La Quinta" print ads in publications such as The Desert Sun, Travelhost and Desert Entertainer 1 $ 22 o Creating and placing media for "Stay & Play" packages in publications such as the Los Angeles Times o Coordinating the redesign of the City's pages in The Gem newsletter o Exploring production of a walking map of The Village Project management and implementation responsibilities include, but are not limited to: *Coordination with the media, businesses, restaurants, retailers, builders, financial institutions, developers, regional airport and the Chamber of Commerce; and distributing collateral materials produced for programs to City Hall, Chamber of Commerce, retail outlets, restaurants, regional airport, financial institutions, developers, etc. *Basic account services. *Client meetings (in person, by phone, fax or e-mail), including at least one in person meeting at La Quinta City Hall every month, and weekly updates via telephone or e-mail on the alternate weeks. *Strategic planning. *Budgeting. *Investigating and implementing public relations opportunities. *Media relations. *Media placement. *Research. *Production management. *Preparing local press releases. *Tracking of account services hours. *Completion of Status Reports to include all work items completed during the month, as well as a list of account service hours and associated tasks/work completed. *Assume responsibility for project accuracy upon approval of direction and specifications from Contract Officer. 1 e1 9 23 *Practice and assume responsibility for quality control throughout the Term of the Agreement, including but not limited to checking for defects, errors in design, page composition, format, misspelled words, print and color specifications prior to delivery to City. 1-00 24 Kiner Communications Marketing Budget for Fiscal Year 2005-06 Economic Development Electronic Media $56,500 Infomercial Media in Orange County Spot TV in L.A./Orange County Spot TV in the Coachella Valley Production of new Shop/Dine Spots Economic Development Print $36,500 Media Budget for Stay & Play Ads in the L.A. Times Production for L.A. Times Ads Media for Shop/Dine Ads (Desert Sun, Desert Entertainer) Production of Print Ads for Shop/Dine City Communication Vehicles $95,000 City Report (Design, printing & mailing 4x per year) City Calendar (Design, printing and mailing) Palm Springs Life Advertorial Community Services Event Promotion (i.e. spring postcard) Redesign City Section of The Gem Local Event Advertising $8,000 ICSC Program Ad Production/Media Bob Hope Classic Program Guide Production/Media Marketing Retainer $48,000 Consultant Advertising Retainer TOTAL KINER COMMUNICATIONS BUDGET $2449000 1"1 25 COUNCIL/RDA MEETING DATE: July 5, 2005 ITEM TITLE: Adoption of a Resolution Assigning Retail Value to Certain City SilverRock Resort Items RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council assigning retail value to certain City SilverRock Resort items. FISCAL IMPLICATIONS: All revenues generated by SilverRock merchandise will be returned to the SilverRock Enterprise Fund. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On June 15, 2004, the City Council adopted Resolution No. 2004-066 (Attachment 1), assigning retail value to certain City economic development items. This was an opportunity for the City to promote the SilverRock Resort project via the sale of wearables. SilverRock items, such as shirts and caps, would not otherwise have been available until Landmark opened the SilverRock pro shop. The items were available to help promote the project and build awareness and excitement for the project. An inventory of caps and visors remained at City Hall until they were transferred to the operator's inventory. The golf course operator would like to be able to discount this merchandise in order to make room for new inventory. Staff has prepared the attached resolution to allow the golf course operator to establish a sales price at the market rate for the former economic development items for SilverRock Resort which includes golf shirts, caps, and visors. i 1J FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council assigning retail value to certain City SilverRock Resort items; or 2. Do not adopt a Resolution of the City Council assigning retail value to certain City SilverRock Resort items; or 3. Provide staff with alternative direction. Respectfully submitted, T' othy R J na o ublic Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Resolution No. 2004-066 1. 5 2 RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ASSIGNING RETAIL VALUE TO CERTAIN CITY SILVERROCK RESORT ITEMS WHEREAS, as part of the City's economic development efforts, the City purchased customized economic development items that included merchandise for SilverRock Resort; and WHEREAS, these items are now being sold by the City's golf course operator as part of retail merchandise; and, WHEREAS, it is in the best interest of the City to allow the golf course operator to establish a sales price for the former economic development items for SilverRock Resort. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, that a retail sales price is hereby established for each of the SilverRock Resort items listed as follows: 1. The City of La Quinta hereby establishes the retail sales price for one SilverRock shirt at the market rate as determined by the City's golf course operator. 2. The City of La Quinta hereby establishes the retail sales price for one SilverRock cap at the market rate as determined by the City's golf course operator. 3. The City of La Quinta hereby establishes the retail sales price for one SilverRock visor at the market rate as determined by the City's golf course operator. 154 3 Resolution No. 2005- Retail Value/SilverRock Resort Items Adopted: July 5, 2005 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5" day of July, 2005, by the following vote to wit: AYES: 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 0 ATTACHMENT 1 RESOLUTION NO. 2004-066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ASSIGNING RETAIL VALUE TO CERTAIN CITY ECONOMIC DEVELOPMENT ITEMS WHEREAS, as part of the City's economic development efforts, the City purchases customized economic development items that currently include pens, sandstone coasters, leather coasters, mini -highlighters, infomercials, golf balls, Gamby stuffed animals, license frames, pencils, calculators, magnets, and bags; and, WHEREAS, these items are distributed at trade and community events to promote the City; and, WHEREAS, the City receives periodic requests to purchase these items for purposes other than economic development; and, WHEREAS, the City desires to promote the SilverRock Resort project through the sale of SilverRock merchandise; and, WHEREAS, the SilverRock items will include shirts, caps, and visors to be sold via the SilverRock website; and, WHEREAS, it is in the best interest of the City to establish a sales price for the above -listed. items. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, that a retail sales price is hereby established for each of the economic development items listed as follows: 1. The City of La Quinta hereby establishes the retail sales price for a set of five (5) promotional pens at $11.00 ($2.50 each). 2. The City of La Quinta hereby establishes the retail sales price for a set of four (4) sandstone coasters at $12.00 ($3.00 each). 3. The City of La Quinta hereby establishes the retail sales price for a set of four (4) leather coasters at $4.00 ($1.00 each). 4. The City of La Quinta hereby establishes the retail sales price for a set of ten (10) mini -highlighters at $8.00 ($1.00 each). w- ru J•• �4, V 5 Resolution No. 2004-066 Retail Value / Economic Development Items Adopted: June 15, 2004 Page 2 5. The City of La Quinta hereby establishes the retail sales price for one infomercial videotape or CD-ROM at $7.50. 6. The City of La Quinta hereby established the retail sales price for a box of two logo golf balls at $6.50. 7. The City of La Quinta hereby establishes the retail sales price for one Gamby stuffed animal at $7.50 8. The City of La Quinta hereby establishes the retail sales price for one license frame at $1.50. 9. The City of La Quinta hereby establishes the retail sales price for a set of ten (10) pencils at $5.50 ($.60 each). 10. - The City of La Quinta hereby establishes the retail sales price for one calculator at $2.50. 11. The City of La Quinta hereby establishes the retail sales price for one magnet at $1.00. 12. The City of La Quinta hereby establishes the retail sales price for a set of ten (10) plastic bags at $5.50 ($.60 each). 13. The City of La Quinta hereby establishes the retail sales price for one SilverRock shirt at $68.99. 14. The City of La Quinta hereby establishes the retail sales price for one SilverRock cap at $24.95. 15. The City of La Quinta hereby establishes the retail sales price for one SilverRock visor at $19.95. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15' day of June, 2004, by the following vote to wit: Resolution No. 2004-066 r— Retell Value / Economic Development Items Adopted: June 15, 2004 Pape 3 AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None n DON ADOLPH, Nor City of La Quinta, alifornia ATTEST: (fNiE�GREEK, CMC, _amity lerk City of La Quinta, California (CITY SEAL) APPROVED AS T FO M: A-.-KATHEAINE JENSON, Ci y Attorney City of La Quinta, California 158 Tiht 4 lwQut«tw COUNCIL/RDA MEETING DATE: July 5, 2005 AMA Approval of a Contract Extension for One Year with Hilton Farnkopf & Hobson, LLC for AB 939 Services for Fiscal Year 2005/2006 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: T STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to sign a contract extension with Hilton Farnkopf & Hobson, LLC for AB 939 services for Fiscal Year 2005/2006 in an amount not to exceed $58,000. FISCAL IMPLICATIONS: The Community Development Department has budgeted $50,000 for AB 939 consultant services. The contract is for the implementation of AB 939 programs to assure the City's compliance with the State's AB 939 mandate. The requested Scope of Services has remained the same for Fiscal Year 2005/2006. Adequate AB 939 funds are available in account 101-6002-463-22 within the Fiscal Year 2005/2006 budget to fund the $48,000 budget, plus $10,000 in optional tasks. The additional $10,000 ($2,000 in consultant amount and $8,000 in monitoring, and programs) for optional tasks is allocated in the same account as part of the AB 939 Recycling Programs budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On May 5, 1998, the City Council originally approved a recommendation of staff to hire Hilton Farnkopf & Hobson, LLC as the City's AB 939 consultants and has continued to approve the contract extensions each year. The proposed Scope of Services (Attachment 1) provides for monitoring of current programs, implementation of a few selected programs (such as an organic waste and community outreach program), as well as monitoring the City's Waste Contract (optional, as needed). 159 Pursuant to City Council Resolution 96-80, "...Prescribing the Procedures, Rules and Regulations Governing the Solicitation and Selection of Firms and Award of Contracts for the Furnishing of Personal Services, Professional or Consulting Services, or other Contractual Services Which are not Subject to the Formal Bidding Procedures..." Section 9, "Exceptions - Renewal of Contracts", states the City Council is permitted to authorize the City Manager to bypass the competitive selection process in the renewal of a renegotiation of an existing contract for continuing services. Based on this Resolution, staff is recommending the contract with Hilton Farnkopf & Hobson, LLC be extended for the next Fiscal Year rather than preparing a Request for Proposals and going through the selection process. Staff has established a good working relationship with the consultants and the Scope of Services for 2005/2006 will be similar to the 2004/2005 contract. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Authorize the City Manager to sign a contract extension with Hilton Farnkopf & Hobson, LLC for AB 939 services for Fiscal Year 2005/2006 in an amount not to exceed $58,000; or 2. Do not authorize the City Manager to sign a contract extension with Hilton Farnkopf & Hobson, LLC for AB 939 services for Fiscal Year 2005/2006 in an amount not to exceed $58,000 and direct staff to prepare a Request for Proposal for distribution; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas R vans Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Scope of Services for Contract for Professional Services 1�0 ATTACHMENT 1 CONTRACT SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement"), is made and entered into by and between the CITY OF LA QUINTA, (the "City"), a California municipal corporation, and HILTON FARNKOPF & HOBSON, LLC., (the "Contractor"). The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with .all terms and conditions of this Agreement, the CONTRACTOR shall provide those services related to assistance with AB 939 implementation, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services"). CONTRACTOR agrees that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 CONTRACTOR's Proposal. The Scope of Services shall include the CONTRACTOR's proposal or bid, if any, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of THE CITY of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.4 Licenses, Permits, Fees and Assessments. CONTRACTOR shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. CONTRACTOR shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.5 Familiarity with Work. By executing this Agreement, CONTRACTOR warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should the CONTRACTOR discover any latent or unknown conditions materially differing from those inherent in the work, or as represented by THE CITY, it shall immediately inform THE CITY of 1�1 CONT-H i lton Fam kopf&Hopson . such fact and shall not proceed except at CONTRACTOR's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.6 Care of Work. The CONTRACTOR shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by THE CITY, except such losses or damages as may be caused by THE CITY's own negligence. The performance of services by CONTRACTOR shall not relieve CONTRACTOR from any obligation to correct any incomplete, inaccurate or detective work at no further cost to THE CITY, when such inaccuracies are due to the negligence of CONTRACTOR. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, the CONTRACTOR shall perform services in addition to those specified in the Scope of Services (Exhibit "A") when directed to do so by the Contract Officer, provided that CONTRACTOR shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding ten percent (10%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by THE CITY Council. 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern. 2.0 COMPENSATION. 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the CONTRACTOR shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of Fifty -Eight Thousand Dollars ($58,000) (the "Contract Sum"), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon the CONTRACTOR's rates as specified in Exhibit "C", but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation (Exhibit "C"). 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Agreement. Time is of the essence in the performance of this CONT-Hi Iton Farnkopf&Hopson. Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance (Exhibit "D") for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargos, acts of any governmental agency other than THE CITY, and unusually severe weather, if the CONTRACTOR shall within ten (10) days of the commencement of such delay notify the Contracting Officer in writing of the causes of the delay. The Contracting Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his judgment such delay is justified, and the Contracting Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance (Exhibit "D"). 4.0 COORDINATION OF WORK 4.1 Representative of CONTRACTOR. The following principals of CONTRACTOR are hereby designated as being the principals and representatives of CONTRACTOR authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Laith B. Ezzet, CMC, Senior Vice President It is expressly understood that the experience, knowledge, capability and reputation of Laith B. Ezzet and Susan Collins were a substantial inducement for THE CITY to enter into his Agreement. Therefore, they shall be responsible during the term of this Agreement for directing all activities of CONTRACTOR and devoting sufficient time to personally supervise the services hereunder. They may not be changed by CONTRACTOR and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 1 G 3 CONT-Hi Iton Farnkopf&Hopson. Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC 4.2 Contract Officer. The Contract Officer shall be the Community Development Director or such other person as may be designated by the City Manager of THE CITY. It shall be the CONTRACTOR's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the CONTRACTOR shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of CONTRACTOR, its principals and employees were a substantial inducement for THE CITY to enter into this Agreement. Therefore, CONTRACTOR shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of THE CITY. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent CONTRACTOR. Neither THE CITY nor any of its employees shall have any control over the manner, mode or means by which CONTRACTOR, its agents or employees, perform the services required herein, except as otherwise set forth. CONTRACTOR shall perform all services required herein as an independent CONTRACTOR of City and shall remain at all times as to City a wholly independent CONTRACTOR with only such obligations as are consistent with that role. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. THE CITY shall provide CONTRACTOR with any plans, publications, reports, statistics, records or other data or Information pertinent to services to be performed hereunder which are reasonably available to THE CITY. THE CITY shall additionally provide CONTRACTOR staff assistance and shall take prompt and appropriate action when it will assist in ensuring and timely performance by CONTRACTOR hereunder. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. The CONTRACTOR shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from CONTRACTOR's negligent acts or omissions rising out of or related to CONTRACTOR's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of CONTRACTOR's performance hereunder and neither THE CITY nor its insurers shall be required to contribute to any such loss. A certificate r I Cy 4 CONT-Hilton Famkopf&Hopson. Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC evidencing the foregoing and naming THE CITY and its officers and employees as additional insureds shall be delivered to and approved by THE CITY prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Coverage (personal injury/ property damage) Less than $50,000$100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence The CONTRACTOR shall also carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by the CONTRACTOR, its officers, any directly or indirectly employed by the CONTRACTOR, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to CONTRACTOR's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of CONTRACTOR's performance hereunder and neither THE CITY nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming THE CITY and its officers and employees as additional insureds shall be delivered to and approved by THE CITY prior to commencement of the services hereunder. CONTRACTOR shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws. The CONTRACTOR shall procure professional errors and omissions liability insurance in the amount of One Million Dollars ($1,000,000). All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days' written notice of proposed cancellation to City. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of CONTRACTOR's obligation to indemnify THE CITY, its officers, employees, CONTRACTOR's, subcontractors or agents. 5.2 Indemnification. The CONTRACTOR shall defend, indemnify and hold harmless THE CITY, its officers, officials, employees, representatives and agents, "City indemnitees"from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or �r CONT-Hilton Farnkopf&Hopson. Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC death of person(s), for damage to property (including property owned by THE CITY) ("Claims") and for errors and omissions committed by CONTRACTOR, its officers, anyone directly or indirectly employed by CONTRACTOR, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to CONTRACTOR's performance under this Agreement, except to the extent of such loss as may be caused by City's own active negligence, sole negligence or willful misconduct, or that of its officers or employees. In the event the City indemnitees are made a party to an action, lawsuit, or other adversarial proceeding in any way involving such Claims, Contractor shall provide a defense to the City indemnitees, or at the City's option, reimburse the City indemnitees their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. In addition, contractor shall be obligated to promptly pay any final judgement or portion thereof rendered against the City indemnitees. 5.3 Remedies. In addition to any other remedies THE CITY may have if CONTRACTOR fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, THE CITY may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order the CONTRACTOR to stop work under this Agreement and/or withhold any payment(s) which become due to CONTRACTOR hereunder until CONTRACTOR demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies THE CITY may have and are not the exclusive remedies for CONTRACTOR's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which CONTRACTOR may be held responsible for payments of damages to persons or property resulting from CONTRACTOR's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 Reports. CONTRACTOR shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. CONTRACTOR shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted t� CONT-Hi Iton Farnkopf&Hopson. Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC accounting principles. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by CONTRACTOR, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of THE CITY and shall be delivered to THE CITY upon the termination of this Agreement or upon the earlier request of the Contract Officer, and CONTRACTOR shall have no claim for further employment or additional compensation as a result of the exercise by THE CITY of its full rights of ownership of the documents and materials hereunder. CONTRACTOR may retain copies of such documents for its own use. CONTRACTOR shall have an unrestricted right to use the concepts embodied herein. CONTRACTOR shall cause all subcontractors to assign to THE CITY any documents or materials prepared by them, and in the event CONTRACTOR fails to secure such assignment, CONTRACTOR shall indemnify THE CITY for all damages suffered thereby. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by CONTRACTOR in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. CONTRACTOR shall not disclose to any other private entity or person any information regarding the activities of THE CITY, except as required by law or as authorized by THE CITY. 7.0 ENFORCEMENT OF AGREEMENT. 7.1. California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and CONTRACTOR covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, THE CITY may take such immediate action as THE CITY deems warranted. Compliance with the provisions of this Section shall be a conditign precedent to termination of this Agreement for cause and to any legal action, and such G 7 compliance shall not be a waiver of any party's right to take legal action in the event CONT-Hilton Farnkopf&Hopson. Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC that the dispute is not cured, provided that nothing herein shall limit THE CITY's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. THE CITY may withhold from any monies payable to CONTRACTOR sufficient funds to compensate THE CITY for any losses, costs, liabilities or damages it reasonably believes were suffered by THE CITY due to the default of CONTRACTOR in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. THE CITY's consent or approval of any act by CONTRACTOR requiring THE CITY's consent or approval shall not be deemed to waive or render unnecessary THE CITY's consent to or approval of any subsequent act of CONTRACTOR. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. THE CITY reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to CONTRACTOR. Upon receipt of any notice of termination, CONTRACTOR shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. CONTRACTOR shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation (Exhibit "C") or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default Of CONTRACTOR. If termination is due to the failure of the CONTRACTOR to fulfill its obligations under this Agreement, THE CITY may, after compliance with the provisions of Section 7.2, take over the work and CONT-Hilton Famkopf&Hopson. Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC prosecute the same to completion by contract or otherwise, and the CONTRACTOR shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that THE CITY shall use reasonable efforts to mitigate such damages), and THE CITY may withhold any payments to the CONTRACTOR for the purpose of setoff or partial payment of the amounts owed THE CITY as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of THE CITY shall be personally liable to the CONTRACTOR, or any successor in interest, in the event of any default or breach by THE CITY or for any amount which may become due to the CONTRACTOR or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of THE CITY shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The CONTRACTOR warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. CONTRACTOR covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, disability or ancestry in the performance of this Agreement. CONTRACTOR shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, physical disability, mental disability, medical condition, age or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this f� Section 9.1. CONT-Hilton Farnkopf&Hopson. Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC To City: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, California 92253 Attention: City Manager To Contractor: HILTON FARNKOPF & HOBSON, LLC 3990 Westerly Place, Suite 195 Newport Beach, CA 92660-231 1 Attention: Laith Ezzet 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not effect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Dated: as CITY OF LA QUINTA, a California municipal corporation THOMAS P. GENOVESE, City Manager "CITY" CONT-Hi [ton Farnkopf&Hopson. Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC ATTEST: JUNE S. GREEK, City Clerk APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney Dated: HILTON FARNKOPF & HOPSON, LLC 0 Name: Title: CONT-Hilton Farnkopf&Hopson. Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC EXHIBIT A SCOPE OF SERVICES (Attached) I v 20 CONT-Hilton Farnkopf&Hopson. EXHIBIT "A" SCOPE OF SERVICES Proposed Tasks for AB 939 Implementation for Fiscal Year 2005-2006 Task 1- On -going Maintenance Activities The City has asked HF&H to assist with various waste management -related inquiries and miscellaneous tasks that arise from time to time. Examples of such assistance have included: • Providing copies of the City's solid waste collection rates or the franchise agreement with Waste Management of the Desert to interested businesses in the City; • Responding to a request for a four-year history of green waste tons collected and recycled to an interested business; • Preparing a revised Non -Disposal Facility Element; • Identifying the adequacy of recycling space allocation on development plans; • Researching the feasibility of implementing a commercial food waste recycling program; and, • Investigating the requirements of new laws, including the recently enacted Electronic Waste Recycling Program, etc. In fiscal year 2006, HF&H will continue to: • Track solid waste legislation, regulations, CIWMB policy decisions, and issues such as solid waste facility closures and start-ups in the Coachella Valley; • Provide written legislative and regulatory updates at face-to-face meetings with the City; • Monitor CVAG meetings and initiatives and meetings of the Riverside County Solid Waste Management Task Force; and, • When requested by the City, attend meetings of the CVAG Solid Waste Technical Working Group and/or the Riverside County Task Force. This task also will also include development of programs necessary to keep the City in compliance with AB 939, including adding recycling information to the City's web site. In addition, this task includes coordination with Waste Management on technical assistance and follow-up with commercial waste generators which is becoming more important as commercial waste becomes a larger portion of La Quinta's waste stream. 173 GAWPDOCS\Documents\HFH 05-06 Scope pf Services.doc Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC Task 2 - Reporting and Other Compliance Activities HF&H has prepared the City's AB 939 Annual report to the CIWMB since 1998. In 1999, 2000, and 2001, HF&H also prepared an Alternative Adjustment Factor Request form, boosting the City's diversion rate above 50% each year. For fiscal year 2006, we will prepare the City's 2004 AB 939 Annual Report to the CIWMB which will include documentation of diversion activities, as well as calculation of numerical compliance with AB 939 diversion mandates. The 2004 Annual Report would normally be due August 1, 2005; however, we expect this date to be extended by four to five months. We will also develop and discuss with the City a strategy to continue to meet both the numerical and programmatic goals of AB 939 in order to remain in full compliance with AB 939. Within 90 days after the 2004 annual report is received by the CIWMB, the CIWMB will conduct its biennial review of the 2003 and 2004 Annual Reports. HF&H will assist the City by responding to questions from the CIWMB, and attending meetings, including the CIWMB's tour of the City to verify programs in the field. After the on -site review, the CIWMB will prepare its staff report and submit its findings to the Board of the CIWMB. This task also includes preparation for, travel to, and attendance at one meeting of the CIWMB in order to answer questions regarding the City's 2003/04 biennial review. Task 3 - Public Education Coordination HF&H will coordinate the preparation of flyers, advertising, and other public education materials throughout the year. Coordination of advertising includes contacting the County's Household Hazardous Waste (HHW) Round -up coordinator and the County's HHW Round -up contractor, the La Quinta Chamber of Commerce, and local newspapers such as the Desert Sun to place ads in newsletters or newspapers. Coordination includes contacting participating entities for event information and telephone numbers, transmitting this information to content copywriters/ designers, and ensuring timely delivery of final artwork and copy to the printer and mailing house. Actual costs for printing, design, mailing, and advertising costs are not included in the budget for this task. In the City's franchise agreement with Waste Management of the Desert (WMD), certain public education efforts are required by the contractor. HF&H will meet with the City and WMD to discuss public education, as requested by the City. l74 Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC Task 4. Recycling Coordination at Large Venues and Special Events AB 2176 was passed into law in September, 2004. AB 2176 requires recycling at large venues and large events. It defines large venues and events as those that: Charge an admission price or is operated by a local agency; and, Serves an average of more than 2,000 individuals per day of operation of the event. The La Quinta Arts Festival, with an attendance of 25,000 people over a 4-day period, is covered by the bill. The Bob Hope Chrysler Classic may also be covered by the bill. In order to comply with the bill, the City must provide recycling information to large venues and large events when issuing permits. The City must also provide a list of large venues and large events to the CIWMB by August 1, 2006. The venue is required to meet with the local waste hauler and local recyclers and to submit "written documentation of waste reduction, reuse, recycling, and diversion programs, if any, implemented at the large venue or large event, and the type and weight of materials diverted and disposed at that large venue or large event." HF&H will assist the City with identification of large events and large venues so that the City may comply with the bill. Since 1998, HF&H has met with officials from the Bob Hope Chrysler Classic in order to coordinate recycling efforts at that event. WMD has worked with other cities to procure a mobile recycling center that is used at many events in the Valley. HF&H will meet with the City, WMD, and the covered venues and events in order to assist in development of the required documentation. HF&H will work with the venues, events, and WMD in order to increase recycling in that sector of the City. The City may choose to use its annual grant funds from the Department of Conservation's "City/ County Payment Program" to purchase additional recycling containers, if needed. Task 5 - Residential Green Waste and Recycling Diversion We will request from Waste Management of the Desert a listing of all homeowner's associations that do not currently receive curbside recycling and green waste collection. Upon receipt of the requested information from Waste Management, we will develop an outreach program targeting these homeowner's associations. The outreach program may consist of HF&H attending homeowner's association meetings, development of public education materials (excluding design and printing costs), and creation of newspaperarticles describing this service. 1 r J Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC Task 6 -Food Waste Composting In 2005, we researched and prepared a memorandum for the City regarding existing food waste composting programs already in existence in the Coachella Valley. If after review of our findings and recommendations the City desires to move forward with a food waste composting program, we will create an outreach program to restaurants and grocery stores within the City. The outreach program will include a "How To" brochure and resource guide designed to assist in food waste composting. Task 7 - Monitor and Evaluate Construction and Demolition Debris Ordinance In 2004 and 2005, HF&H worked with the CVAG Solid Waste Technical Working Group to develop a new model construction and demolition debris ordinance for adoption by all of the Cities in the Coachella Valley. We presented that model ordinance to the City's Community Development and Building & Safety Departments for internal review, and the Building and Safety Department recognized certain conflicts with existing municipal codes. Once the ordinance has been approved by the Council, the City will need to implement, monitor and evaluate the program. The program requires deposits to be paid by contractors before building permits are issued, and allows for deposits to be refunded once specified recycling levels have been achieved. HF&H will train City staff to evaluate and approve the contractors' Waste Management Plans, and determine completion of recycling requirements. HF&H will also monitor and evaluate the overall program, by compiling program statistics, such as number of permits issued, total deposits received, total deposits refunded, tons disposed, tons recycled, and overall diversion rate. Task 8 - Meetings and Management We will attend up to ten meetings with City staff, WMD, and/or CVAG. Each month we will prepare a status report. We will prepare meeting agendas for periodic meetings. We will conduct overall project management throughout the year. Task 9 - Franchise Administration/Negotiation Assistance We have reviewed rate increase requests from Waste Management of the Desert annually,- in accordance with the City's franchise agreement requirements. We 1wG Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC will conduct analyses and prepare summary memoranda related to franchise administration, as directed by the City. Franchise administration may include such tasks as the following: • Review of Annual Rate Adjustment • Conversion Technology Facility Negotiation Assistance (facility to be constructed at Edom Hill Transfer Station) • Review of Franchise Agreement Compliance We anticipate that some of these franchise administration tasks will be necessary in the coming year, while others will not be needed. We anticipate that the City will need to evaluate its participation in the proposed Anaerobic Digestion facility that is proposed to be developed at the Edom Hill transfer station in 2005- 2006. City staff will decide which tasks are priorities for this year. FEES We will perform the scope of work based on time and materials. The estimated budget is $58,000, excluding costs for printing, design, mailing and advertising described in Task 3. The specific tasks we perform will be determined by mutual agreement with City staff. We will bill you once per month based on the number of hours worked multiplied by our hourly billing rates, plus expenses incurred. Payment is due within 30 days of invoicing. Hourly rates for our consultants are as follows: Senior Vice President Senior Manager Senior Associate Associate Expenses will be billed as follows: Mileage Document reproduction (over 15 pages/run) Postage/ document couriers/ overnight mail Subcontractors or outside design/printing All other out-of-pocket expenses * Or as adjusted by the IRS for mileage allowance $220 $185 $175 $115 - $160 $0.405 per mile $0.15 per page Actual Actual + 15% Actual Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC EXHIBIT "B" SPECIAL REQUIREMENTS A. Generally. CONTRACTOR shall be responsible for preparation of work products or deliverables as specified in the Scope of Services, attached hereto and herein incorporated by reference. All deliverables shall be in an 8.5 inch by 1 1.0 inch camera ready reproducible format, printed on one side only. B. Monthly Progress Reports. CONTRACTOR shall submit to THE CITY a written monthly progress prior to or at the monthly coordinating meeting. These reports are considered a deliverable and, as such, a condition of this Agreement. Each progress report shall include, at a minimum, the following: • For each Task, a brief statement of the work performed since the last monthly progress report; • For each Task, a comparison of actual accomplishments to established objectives, milestones and/or deadlines; • Identification of reason(s) for "slippage" or "delay" if deadlines were not met or for failure to meet objectives or milestones. • Discussion of any issues that may have arisen or are expected to arise, problems encountered, changes in personnel, etc., that could affect or are affecting the work. • Discussion of any proposed changes in or amendments to the Scope of Services. • Work planned for the next reporting period and anticipated accomplishments. C. Each monthly progress report shall be updated to reflect an entire calendar month and subsequently submitted as a required attachment to any request for payment submitted by CONTRACTOR. Receipt and approval of monthly progress reports by THE CITY is mandatory prior to any issuance of payment to CONTRACTOR. D. CONTRACTOR shall prepare a "checklist' of milestones, such as meetings, and/or deliverables or other readily identifiable achievements, together with the percent of work represented by that milestone, deliverable, and/or achievement of the total work to be completed to fulfill the terms and conditions of this Agreement. A corresponding entry for each milestone, deliverable, and/oF 178 CONT-Hi Iton Farnkopf&Hopson. Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC achievement shall be included on a "Calendar of Activities". which shall be prepared by the CONTRACTOR. Subsequent to THE CITY'S approval of this checklist, payment up to and including fifty percent (50%) of the maximum allowable cost for each task shall be made to CONTRACTOR in accordance with the checklist. By way of example, for a month in which CONTRACTOR prepares and submits to THE CITY a draft ordinance which is identified on the checklist as representing ten percent (10%) of the total work to complete that Task, CONTRACTOR may request payment in the amount of ten percent (10%) of the maximum allowable cost for that task. THE CITY shall make payment to CONTRACTOR for all such requests for payment up to but not exceeding an amount greater than fifty percent (50%) of the maximum allowable cost for that task. The checklist and Calendar of Activities are incorporated herein by reference to the contract. E. THE CITY shall withhold and retain fifty percent (50%) of the maximum allowable cost for each of the aforementioned tasks subject to this method of compensation. Upon completion of work in accordance with the terms and conditions of this Agreement and the checklist as approved by THE CITY. THE CITY shall release an amount up to but not exceeding this remainder fifty percent (50%) as a lump sum payment to CONTRACTOR, upon receipt, review and approval of CONTRACTOR'S final payment request. CONTRACTOR'S obligations under the terms of this AGREEMENT shall be deemed discharged upon issuance of this final lump sum payment. F. Responsibilities of CONTRACTOR. In any month for which CONTRACTOR is entitled to payment, CONTRACTOR shall submit to THE CITY'S Contract Officer a written request for payment that.conforms to the following: •Submitted by or on the tenth day of the following month; •Submitted in a format prescribed by THE CITY; •Submitted together with a monthly progress report; •Submitted together with supporting documentation (bids, receipts, cancelled checks, invoices, etc.). G. Responsibilities of THE CITY. THE CITY'S Contract Officer shall review all requests for payment to determine whether services performed and deliverable(s) submitted are consistent with this Agreement. Upon approval by the Contract Officer, payment to CONTRACTOR shall be made as promptly as fiscal procedures permit, generally within 30 days. CONT-Hi Iton Farnkopf&Hopson. Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC H. Disputes. In the event of a disputed or contested request for payment, only that portion so disputed or contested shall be withheld from payment and the undisputed portion shall be paid. CONTRACTOR'S failure to provide legible receipts shall be grounds for non -reimbursement of related charges. THE CITY shall notify CONTRACTOR in writing of the basis of the dispute or contest. I. Records. THE CITY shall have the right to review all books and records kept by CONTRACTOR and any subcontractors in connection with the operation and services performed under this Agreement. THE CITY shall withhold payment for any expenditure not substantiated by CONTRACTOR'S or subcontractors' books or records. CONTRACTOR shall ensure that such books and records are retained for a period of three (3) years after satisfaction of the terms of this Agreement and that THE CITY shall have reasonable access to said books and records. J. Task Budget Amendments; Obligation of CONTRACTOR. It shall be the responsibility of CONTRACTOR to notify THE CITY that there is a need to consider shifting funds from task to task in order to increase or decrease the maximum allowable cost. Notice shall be given to THE CITY within a reasonable amount of time of discovering the need for revision such that THE CITY may duly consider the need and subsequent impacts upon the work to be completed and the calendar of scheduled activities. 190 CONT-Hilton Farnkopf&Hopson. Agreement for. Consulting Services -Hilton Farnkopf & Hobson, LLC EXHIBIT "C" SCHEDULE OF COMPENSATION (See attached) 181 CONT-Hilton Farnkopf&Hopson. Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC AB 939 Implementation Fee Estimate — FY 2005-2006 Services' TASK DESCRIPTION Sr. Vice Pres. Sr. Manager Associate Total Hours 1. Ongoing Maintenance A. Monitor legislation, regulations, etc. 0 12 8 20 B. Web site work 0 4 8 12 C. Technical assistance to businesses 1 6 12 19 Task 1: Hours 1 22 28 51 Task 1: Fees $ 220 $ 4,070 $ 3,220 $ 7,510 2. Reporting and AB 939 Compliance Activities A. Prepare AB 939 annual report 0 8 32 40 B. Respond to CIWMB inquiries 0 18 8 26 Task 2: Hours 0 26 40 66 Task 2: Fees $ - $ 4,810 $ 4,600 $ 9,410 3. Public Education Coordination 0 8 16 24 Task 3: Fees $ - $ 1,480 $ 1,840 $ 3,320 4. Recycling Coordination at Venues and Special Events 0 6 16 22 Task 4: Fees $ - $ 1,110 $ 1,840 $ 2,950 5. Residential Green Waste & Recycling Diversion 0 4 12 16 Task 5: Fees $ - $ 740 $ 1,380 $ 2,120 6. Monitor and Evaluate Construction and Demolition Debris Ordinance 2 20 30 52 Task 6`: Fees $ 440 $ 3,700 $ 3,450 $ 7,590 7. Meetings and Project Management A. Meetings 0 30 30 60 B. Project management/internal quality reviews 12 16 8 36 Task 7: Hours 12 46 38 96 Task 7: Fees $ 2,640 $ 8,510 $ 4,370 $ 15,520 8. Franchise Administration/Negotiation Assistance 4 22 32 58 Task 8: Fees $ 880 $ 4,070 $ 3,680 $ 8,630 Total Hours 19 154 212 385 Hourly Rates $ 220 $ 185 $ 115 Total Fees $ 4,180 $ 28,490 $ 24,380 $ 57,050 Expenses $ 950 Total Fees and Expenses 1 1 1$ 58,000 * Hours may be shifted among tasks. 19 Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC EXHIBIT "D" SCHEDULE OF PERFORMANCE This contract is for the time period between July 1, 2005 and June 30, 2006. All work shall be performed within this time frame. 183. CONT-Hilton Farnkopf&Hopson. C & &f 4 4VQU&rC4 COUNCIL/RDA MEETING DATE: July 5, 2005 ITEM TITLE: Authorization for Overnight Travel for Three Members of the City Council to Attend the League of California Cities Annual Conference in San Francisco, California October to be Held 5, 6, 7 and 8, 2005 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 40 STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for three members of the City Council to attend the League of California Cities Annual Conference in San Francisco, California to be held October 5, 6, 7 and 8, 2005. FISCAL IMPLICATIONS: Expenditures for this conference are estimated as follows: Registration $ 400 Travel $ 400 Hotel $ 775 Meals $ 300 Total $ 1875 TOTAL (for three) $5625 Funds for this conference attendance will be included in the FY 05/06 Legislative Program's Travel, Training and Meetings Account (#101-1001-41 1.51-01). CHARTER CITY IMPLICATIONS: None. 194 BACKGROUND AND OVERVIEW: The League of California Cities will be holding their annual conference, entitled "Stepping It Up!" at the Moscone Center in San Francisco, California. The conference will include General Sessions each day along with League policy committee meetings and the 28th Annual Expo. Also featured are various business meetings and a variety of program sessions on topics such as housing, infrastructure and ethics. Mayor Adolph, Council Member Henderson, and Council Member Osborne have expressed an interest in attending this conference. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for three members of the City Council to attend the League of California Cities Annual Conference in San Francisco, California to be held October 5,6, 7 and 8, 2005; or 2. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. 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FISCAL IMPLICATIONS: Adequate funds have been budgeted in Account 101-1001-41 1.32-01, General Legal Services, and in 101-1001-41 1 .32-04, Litigation Legal Services, in fiscal year 2005-2006 for legal services. The amendments in the 2005-2006 contract include increases of $5.00 to $10.00 per hour rate increases, and a special litigation rate of $235 on matters pre -approved by the City Council. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On June 21, 2005, the City Council completed its annual review of the City Attorney and gave her a favorable evaluation. For the 2005-2006 Fiscal Year, the City Attorney has requested the following rate adjustments: 1 . An increase of the existing hourly rate from $185 per hour to $190 per hour on the General Account. Likewise, on the General Account, the existing hourly rates for Paralegal and Document Clerks of $110 and $40 respectively, would be raised to $1 15 and $45, respectively. 1.14 2. An increase of the retainer from $10,000 per month to $10,300 per month. 3. An increase of the existing hourly rates for all Partners from $200 per hour to $210 per hour on all other accounts. 4. An increase of the existing hourly rates for all Associates from $175 per hour to $185 per hour on all other accounts. 5. An increase of the existing hourly rate for all Paralegals from $1 10 per hour to $1 15 per hour on all accounts, and an increase of the existing hourly rate for all Document Clerks from $40 per hour to $45 per hour on all accounts. 6. The establishment of a "Special Partner Litigation" rate of $235 per hour for specific partners on specific matters which are to be pre -approved by the City Council. For the 2005-2006 Fiscal Year, the only such matter involves the legal services provided by Layne Melzer on the KSL litigation. Michael Houston will continue to serve as Assistant City Attorney for the City of La Quinta, and John Ramirez will remain designated as Assistant City Attorney as well in the event that both Ms. Jenson and Mr. Houston were unavailable. Attachment No. 1 is the 2005-2006 Contract for Legal Services which shows all changes. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Amended Agreement for legal services with Rutan & Tucker, LLP; or 2. Do not approve the Amended Agreement for legal services with Rutan & Tucker, LLP; or 3. Provide staff with alternative direction. Respectfully submitted, M. Katherine Jenson, City Attorney Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. 2005-2006 Contract for Legal Services ATTACHMENT 1 AMENDED AGREEMENT FOR CONTRACT LEGAL SERVICES THIS AGREEMENT FOR CONTRACT SERVICES ("Agreement"), is made and entered into by and between THE CITY OF LA QUINTA ("City"), a California municipal corporation, the LA QUINTA REDEVELOPMENT AGENCY ("Agency"), a California public entity, and RUTAN & TUCKER, LLP ("R&T") a Limited Liability Partnership, as of July 1, 2005. The parties hereto agree as follows: 1. SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, R&T shall provide general City attorney and Agency legal counsel services, and all necessary additional legal services, as respectively specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference ("Services" or "work"). 1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. R&T shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the Services that it is responsible to provide as required by this Agreement. 119/015610-0002 ins 89614.06 a06/30/05 2. COMPENSATION 2.1 Schedule of Compensation. The "Schedule of Compensation" is attached hereto as Exhibit "B" and incorporated herein by this reference. The rates in the Schedule of Compensation shall become effective on July 1, 2004. 2.2 Method of Payment. R&T shall submit to the City on a monthly basis in the form approved by the City's Finance Director, an invoice for services rendered during the prior month. Such invoice shall (1) describe in detail the services provided, including the amount of time spent on the matter, (2) specify each person who has provided services and the number of hours worked by each such person, and (3) indicate the total charges on the matter to date. The City will pay the invoice within thirty (30) days after the date the invoice is received. 3. PERFORMANCE SCHEDULE 3.1 Term. Unless earlier terminated in accordance with Section 6.2 of this Agreement, this Agreement shall commence on July 1, 2004, and shall continue in full force and effect until completion of the Services. The performance of the City Attorney shall be reviewed by the City Council on or about June 30, 2006, and shall be reviewed annually thereafter. 4. COORDINATION OF SERVICES 4.1 R&T as General Counsel. M. Katherine Jenson was designated, effective June 27, 2000, as the City Attorney and Agency's general counsel, and shall have primary responsibility for coordination of all legal services for the City and the Agency. John Ramirez was designated, effective June 27, 2000, as 119/O15610-0002 19'7 89614.06 a06/30/05 the Assistant City Attorney and Assistant Agency Counsel. Michael Houston was designated, effective May 27, 2003, as an additional Assistant City Attorney and Assistant Agency Counsel. 4.2 Additional Representatives of R&T. The following additional attorneys of R&T are hereby designated for the Services specified herein: (a) David Cosgrove, as the primary counsel with respect to eminent domain. (b) L. Ski Harrison, as the primary counsel with respect to labor issues. (c) William M. Marticorena, with respect to cable television and bond counsel. (d) Penelope Parmes, as primary counsel with respect to bankruptcy issues. (e) Dan Slater, to assist Ms. Jenson and Mr. Ramirez with regard to redevelopment issues. Substitution of the foregoing attorneys shall be permitted with the consent of the Contract Officer. The foregoing attorneys shall be primarily responsible during the term of this Agreement for devoting sufficient time to personally supervise any other attorneys or paralegals in providing the Services provided by R&T hereunder. 4.3 Contract Officer. The Contract Officer shall be the City Manager of the City or such other person as may be designated by the City Manager. It shall be R&T's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services. 4.4 Prohibition Against Subcontracting or Assignment. R&T shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City and Agency. In addition, 119/015610-0002 89614.06 a06/30/05 neither this Agreement nor any interest herein may be assigned or transferred, voluntary or by operation of law, without the prior written approval of City and Agency. 4.5 Independent Contractors. Neither the City nor any of its employees shall have any control over the manner, mode or means by which R&T, its agents or employees, perform their respective Services required herein, except as otherwise set forth. R&T shall each perform the Services required herein as separate independent contractors of City and Agency and shall remain at all times as to City wholly an independent contractor with only such obligations as are consistent with that role. 4.6 Insurance. R&T will provide certificates of professional liability insurance for its Services of at least $500,000 per occurrence and one million in the aggregate. 4.7 City and Agency Cooperation. The City and Agency shall provide R&T with any data or information pertinent to Services to be performed hereunder which are reasonably available to the City and Agency and necessary for the provision of such Services. 5. RECORDS AND REPORTS 5.1 Reports. R&T shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. 5.2 Records. R&T shall keep such books and records as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer to evaluate the cost and the 199 119/015610-0002 89614.06 a06/30/05 performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6. ENFORCEMENT AND TERMINATION OF AGREEMENT 6.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and R&T covenants and agree to submit to the personal jurisdiction of such court in the event of such action. 6.2 Termination. This Section shall govern any termination of this Agreement. All parties reserve the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to the other party. 7. CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION 7.1 Non -liability of City Officers and Employees. No officer or employee of the City or Agency shall be personally liable to R&T in the event of any default or breach by the City or Agency or for any amount which may become due to R&T, or for breach of any obligation of the terms of this Agreement. 7.2 Conflict of Interest. R&T warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. w 0 � 119/015610-0002 � 89614.06 a06/30/05 7.3 Covenant against Discrimination. R&T covenants that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, disability or ancestry in the performance of this Agreement. R&T shall take any necessary action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, physical disability, mental disability, medical condition, age, or ancestry. 8. MISCELLANEOUS PROVISIONS 8.1 Notice. Any notice, demand, request, consent, approval, communication the parties desire or are required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section 8.1. To City or Agency: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, CA 92253 Attn: Thomas P. Genovese City Manager To R&T: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, CA 92626 Attn: M. Katherine Jenson 119/015610-0002 w 89614.06 a06/30/05 8.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. This Agreement specifically supersedes the prior Agreements for Contract Services. 8.3 Amendment. This Agreement may be amended at any time by the consent of the parties by an instrument in writing signed by all parties. 8.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not effect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 8.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. 119/015610-0002 89614.06 a06/30/05 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Dated: ATTEST: June Greek, City Clerk Dated: ATTEST: CITY OF LA QUINTA 2005 By: 2005 June Greek, Agency Secretary Dated: Donald O. Adolph, Mayor LA QUINTA REDEVELOPMENT AGENCY Lm-fi Terry Henderson, Chair RUTAN & TUCKER, LLP 2005 By: M. Katherine Jenson, Partner 119/015610-0002 89614.06 a06/30/05 EXHIBIT "A" SCOPE OF SERVICES I. SCOPE OF SERVICES. A. General. City and Agency employs R&T and R&T agrees to perform all required legal services as City Attorney -- General Counsel to the City and Agency Counsel to the Redevelopment Agency including, without limitation, the following: Regular office hours and coverage of all City Council, Agency Board and Planning Commission meetings. Attendance at other commission, committee or negotiating meetings upon request. 2. Prepare and/or review all ordinances, resolutions and agreements of the City and the Agency. Render such other legal services and advice as required and may from time to time be requested by the City Council or City Manager on any matter affecting the operation of the City and/or the Agency. 4. All litigation matters concerning the City and/or Agency. B. Retainer Services. R&T agrees that it as part of its retainer, it shall provide, through the services of M. Katherine Jenson, John Ramirez or Michael Houston, office hours at City Hall for two days each week, inclusive of coverage of all regular City Council, Agency and Planning Commission meetings (the "Retainer Time"). It is currently anticipated that as a general rule, M. Katherine Jenson will attend Council and Agency meetings, and that Mr. Ramirez and/or Mr. Houston will attend the Planning Commission meetings. II. ADDITIONAL SPECIAL SERVICES. A. Litigation. The City and Agency hereby retain R&T to perform litigation services for City and Agency and the services necessary relating to threatened litigation. B. Special Municipal Services. The City and Agency hereby employ R&T to perform specialized legal services for the areas of labor, cable television, bankruptcy, and general municipal on an as needed basis. 20� 119/015610-0002 89614.06 a06/30/05 C. Bond Counsel. R&T agrees to perform all requested legal services as Bond Counsel to City including without limitation the following: 1. Assessment Districts. In regard to assessment proceedings pursuant to the Municipal Act of 1913 with bonds issued pursuant to the Improvement Bond Act of 1915 or the 1911 Act, City employs R&T to furnish, and R&T agrees to furnish, the following legal services: a. Attend meetings with the City staff and consultants to formulate the financing. b. Examination of the map of the assessment district, the assessment roll and diagram, the bonds, and the giving of instructions and advice in connection with the foregoing. C. Preparation of all resolutions, notices, contracts, bond forms, and other legal papers and document required in the proceedings. d. Attendance at the hearing on the assessment district and at such other City Council's meeting at which any action in the proceedings is to be taken and attendance is requested. e. Examination of the proceedings, step by step, as taken. f. Supervise the closing. g. Issuance of Contractor's legal opinion upon the validity of the proceedings and the bonds issued to represent unpaid assessments. 2. Pre -assessment Proceedings. If pre -assessment proceedings are taken, R&T will prepare all resolutions, notices, and other documents required, attend the pre -assessment hearing and prepare the resolutions, notices and other documents for the election. 3. General Obligation Bonds. In connection with the issuance of general obligation bonds, R&T agrees to draft all resolutions, notices and other documents, attend such meetings of the staff and City Council of the City as may be necessary to complete an election for the authorization of the bonds and the issuance of the bonds if authorized. R&T will work with the City staff and its consultants to determined the best method of marketing the bonds, draft all resolutions, notices and other documents for the sale of the bonds, attend such meetings of the staff and the City Council of the City as may be necessary to complete the sale of the bonds, prepare closing documents, supervise the closing and issue R&T's legal approving opinion on the bonds. 119/015610-0002 89614.06 a06/30/05 4. Certificates of Participation. The City's joint exercise of powers will be utilized to issue certificates of participation. R&T will attend the meetings of the City Council of the City and the Board of Directors of the Authority as may be necessary in connection with the certificate of participation transaction, prepare documents necessary to lease the land or facility to be improved and the leaseback of the improved facility, the trust agreement, the bond sale documents, the certificates, the closing documents, attend and supervise the closing, and issue a legal approving opinion to the purchaser of the certificates. 5. Mello -Roos County Facilities Act of 1982-Bonds. This part relates to the formation of a Community Facilities District ("District") and the bonds to be issued in connection with that District. Such services shall include but not be limited to meetings with the City staff and its financial consultant, attendance at City Council meetings, the drafting of resolutions, notices and other documents required for the formation of the District, the special tax and bond authorization election, and for the issuance of the bonds, if determined necessary by Bond Counsel, the uncontested validation of the special tax if determined necessary by Bond Counsel, the preparation of the closing documents and the rendering of a legal opinion. 6. Redevelopment Bonds. R&T will prepare all documents for the issuance and sale of the tax increment bonds, including the resolutions for adoption by the City Council, the Agency, and if a financing authority is to be used, the resolutions to be adopted by the Authority, the trust agreement, bond sale documents, and the closing documents. R&T will supervise the closing and issue its legal approving opinion on the proceedings. 119/015610-0002 89614.06 a06/30/05 EXHIBIT "B" SCHEDULE OF COMPENSATION I. CITY ATTORNEY AND AGENCY COUNSEL. For services rendered by Rutan & Tucker, LLP, the City and Agency hereby agree to pay the following fees: A. Retainer Amount. A flat retainer rate $10,300 per month shall be paid for: (a) For Council Meeting Weeks: On Council meeting Tuesdays, the hours at City Hall shall be 10:00 a.m. until the end of the meeting, and 8:30 a.m. until noon, and then from 1:00 p.m. to 2:00 p.m. on the following Wednesday. These hours will generally be handled by Ms. Jenson unless she is ill or otherwise unavailable. (b) For Planning Commission Weeks: On the Tuesday of the Commission meeting, the hours at City Hall shall be 4:00 p.m. until the end of the meeting. These hours will be handled by one of the Assistant City Attorneys or by Ms. Jenson. (c) With the consent of the City Manager, the City Attorney may occasionally adjust the City Hall hours to accommodate scheduling needs. B. Additional Amounts for General City Attorney Services. All hours for general attorney services (in addition to the Retainer Time) shall be billed at $190 per hour for attorney services, $115 per hour for all paralegals, and $45 per hour for document clerks. II. SPECIAL SERVICES RATES. For special services rendered by R&T, the City and Agency agree to pay the following fees: A. For services rendered in connection with any litigation or threatened litigation matter as described in Section H.A. of Exhibit "A," the following fees shall apply: $210 per hour for all partners. On special matters, and with the advance permission of the City Council, a "Special Partner Rate" of $235 per hour may be imposed for litigation matters requiring a high degree of specialty outside the normal. The City Council hereby approves this rate for time spent by Layne Melzer on the KSL litigation. 20 119/015610-0002 89614.06 a06/30/05 2. $185 per hour for all associates. 3. $115 per hour for all paralegals and $45 per hour for all document clerks. B. For services rendered in connection with other special legal services, such as labor, telecommunications, redevelopment, hazardous and toxic materials, but not including bond services, the following fees shall apply: 1. $210 per hour for all partners. 2. $185 per hour for all associates. 3. $115 per hour for all paralegals. C. Bond Counsel. For services rendered by R&T acting as Bond Counsel to City and Agency, the City and Agency hereby agrees to pay the following customary fees. One percent of the first $1,000,000 of any issuance amount, plus one-half percent of the issuance amount between $1,000,000 and $5,000,000, plus one-fourth of one percent of the issuance between $5,000,000 and $10,000,000, plus one -tenth of one percent of the amount of issuance over $10,000,000. A minimum fee of $25,000 will be charged for all bond issuances. D. Costs. All travel time shall be billed (except for conjunction with Retainer Work or Bond Counsel work) but no travel charges to the desert area (i.e., mileage or hotel) shall be charged. Charges for travel outside the Riverside or Orange County area will be subject to approval by the City Manager. No long distance telephone charges within the Orange and Riverside County areas would be billed. All other out-of-pocket charges (i.e., copying at $.19 per page, Lexis or Westlaw charges, telecopying, messenger charges) shall be charged at standard rates. E. Reimbursement Rates. For all matters for which the City or Agency is entitled to reimbursement for R&T's services from third parties, R&T's rates shall be its standard applicable rates. If the City is unable to obtain reimbursement for any reason, the City or Agency shall be credited with the differential between the above scheduled rates and the standard rates, or shall be entitled to a refund of the differential, at its or their option. 119/015610-0002 89614.06 a06/30/05 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: Julv 5, 2005 BUSINESS SESSION: / ITEM TITLE: Consideration of an Ordinance Amending CONSENT CALENDAR: La Quinta City Charter and Municipal Code, Chapter STUDY SESSION: 2.04, City Council (Compensation and Reimbursement) PUBLIC HEARING: RECOMMENDATION: Amend Chapter 2.04, City Council, of the La Quinta Ordinance and Municipal Code to increase the monthly compensation of the Mayor and City Council members by $200. FISCAL IMPLICATIONS: This will increase the Mayor and City Council members' monthly compensation by $200. The action will result in an increased cost of $14,900 for Fiscal Year 2005/06, of which $12,000 is salaries and $ 2,900 is fringe benefits. CHARTER CITY IMPLICATIONS: The subject of City Council compensation is considered a "municipal affair" over which the City Council has authority. While there are certain regulations in the Government Code relating to City Council compensation, they are inapplicable to charter cities since the issue is a "municipal affair." BACKGROUND AND OVERVIEW: Pursuant to Section 2.04.050 of the Municipal Code, the Mayor and City Council members will receive an increase in their monthly compensation of $200. Adoption of the proposed Ordinance would increase the monthly compensation to a total of $850 for City Council members and $1,550 for the Mayor. Attachment 1 is a redline copy of Chapter 2.04, City Council, of the La Quinta City Charter and Municipal Code. ,0 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve an ordinance amending the La Quinta City Charter and Municipal Code, Chapter 2.04, City Council, to increase the monthly compensation of the Mayor and City Council members by $200; or 2. Do not approve an ordinance amending La Quinta City Charter and Municipal Code, Chapter 2.04, City Council, to increase the monthly compensation of the Mayor and City Council members by $200; or 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager er Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Redline copy of Charter 2.04, City Council, La Quinta City Chapter and Municipal Code 110 ORDINANCE NO. AN ORDINANCE OF THE CITY OF LA QUINTA, AN AMENDMENT TO THE LA QUINTA CHARTER AND MUNICIPAL CODE AMENDING CHAPTER 2.04 (CITY COUNCIL) WHEREAS, Section 2.04.050 of Chapter 2.04 of the La Quinta Municipal Code (the "Code") concerns the City of La Quinta's (the "City") City Council and WHEREAS, the City will increase the City Council's monthly compensation by $200.00. WHEREAS, the City believes that these changes are in the best interest of the citizens of the City of La Quinta. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: Section 1. AMEND CHAPTER 2.04 CITY COUNCIL OF THE CODE AS FOLLOWS: Delete from 2.04.050, Compensation and reimbursement, the following: "six hundred fifty dollars" and replace with "eight hundred fifty dollars" The amended section reads as follows: Compensation shall be paid to each member of the city council in the amount of eight hundred fifty dollars per month. The Mayor shall receive additional compensation in the amount of seven hundred dollars per month. The compensation prescribed herein is and shall be exclusive of any amounts payable to each member of the Council as reimbursement for actual and necessary expenses incurred by him or her in the performance of official duties for the City. In recognition that on a daily basis members of the Council are incurring expenses for automobile use, phone use and other costs in performing these official functions, an amount equal to three hundred dollars per month shall be deemed equivalent to the actual and necessary use reimbursement for the Mayor and the Council Members representing regular expenses incurred in the Coachella Valley. Further, in the event a Council Member or the Mayor wishes to utilize a personal mobile phone rather than a City -issued mobile phone, an additional reimbursement amount of twenty- five dollars shall be added to the monthly reimbursement amounts set forth herein. In the event that official duties require travel outside the Coachella Valley or overnight, and costs shall be reimbursed according to the City's adopted policy for such expenditures. The compensation amount will effective from July 1. 2005. Section 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after adoption. Section 3. POSTING: The City Clerk shall cause this Ordinance to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the BOOK of ORDINANCES of the City of La Quinta. PASSED, APPROVED AND ADOPTED, this 5th day of July 2005 by the following vote(s) AYES: NOES: ABSENT: ABSTAIN: DONALD ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California ►1 " ' 91TI W:N�Ol3OTi►n M. KATHERINE JENSON, City Attorney City of La Quinta, California ATTACHMENT 1 2.04.050 Compensation and reimbursement. Compensation shall be paid to each member of the city council in the amount of s+* hu ndFe,d fifty eight hundred and fifty dollars per month. The mayor shall receive additional compensation in the amount of seven hundred dollars per month. The compensation prescribed herein is and shall be exclusive of any amounts payable to each member of the council as reimbursement for actual and necessary expenses incurred by him or her in the performance of official duties for the city. In recognition that on a daily basis members of the council are incurring expenses for automobile use, phone use and other costs in performing those official functions, an amount equal to three hundred fifty dollars per month shall be deemed equivalent to the actual and necessary use reimbursement for the mayor and the council members representing regular expenses incurred in the Coachella Valley. Further, in the event a council member or the mayor wishes to utilize a personal mobile phone rather than a city -issued mobile phone, an additional reimbursement amount of twenty-five dollars shall be added to the monthly reimbursement amounts set forth herein. In the event that official duties require travel outside the Coachella Valley or overnight, said costs shall be reimbursed according to the city's adopted policy for such expenditures. The reimbursement amounts herein shall be effective from July 1, 1999. (Ord. 335 § 2,2000: Ord. 322 § 2, 1998: Ord. 231 § 1, 1993: Ord. 100 § 1, 1986: Ord. 83 § 1, 1985: Ord. 36 § 1, 1983: Ord. 11 § 1, 1982: Ord. 2 § 1 (part), 1982) COUNCIL/RDA MEETING DATE: July 5, 2005 ITEM TITLE: Consideration of Amendments to the City Charter and Municipal Code, Revoking Chapter 2.75 Cultural Arts Commission; Revoking Chapter 2.95 Community Services Commission; and Adding Chapter 2.85, Creating the Arts, Parks and Recreation Commission. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: 4120 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Amend the La Quinta Charter and Municipal Code Revoke Chapters 2.75 (Cultural Arts Commission and 2.95 (Community Services Commission) and adding Chapter 2.85 relative to the Arts, Parks, and Recreation Commission. A. Motion to take up Ordinance No. , by title and number only and waive further reading. B. Motion to introduce Ordinance No. , on first reading. FISCAL IMPLICATIONS: A savings in staff time, support services and commissioner expense may be realized by consolidating commission duties. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The suggestion to consider a consolidation of the Community Services and Cultural Arts Commissions was brought forward by Council Member Lee Osborne at the regular meeting of May 3, 2005. The matter was considered as a business item at the meeting of May 17, 2005 and staff was directed to inform the members of the Community Services and Cultural Arts Commissions of the City Council's decision to consolidate the two commissions. Community Services Director Dodie Horvitz advised both commissions at their June meetings and the City Clerk notified all the members of the two commissions, by letter, of the City Council's decision to consolidate and informed them of the Council's stated intent to appoint all of the commissioners, currently serving, to the newly formed body. The commission vacancies were advertised in The Gem in early May and as a result applications were submitted for both Commissions. The applications are included in the staff report dealing with reappointments to City Boards, Commissions, and Committees. As of the closing date on June 21, 2005 the following members have reapplied for reappointment: Community Services Commission *Robert Leidner - Reapplied - Term expires 6/30/2005 *Edward T. Hackney - Reapplied - Term expires 6/30/2006 *Victoria St. John - Term expires 6/30/2006 *Mark Weber - Term expires 6/30/2006 Vacant Position - Term expires 6/30/2005 Cultural Arts Commission Else Loudon - Did not reapply - Term expires 6/30/2005 Elaine Reynolds - Did not reapply - Term expires 6/30/2005 Sheldon Brodsky - Resigned *Andrea Gassman - Term expires 6/30/2006 Vacant Position - Term expires 6/30/2006 The net result is four (4) Community Services Commissioners are eligible for appointment and one (1) Cultural Arts Commissioner is eligible for appointment to the newly formed commission. The eligible commissioners are indicated with an asterisk (*). The City Council discussed the concept of appointing an eight (8) member Commission and allowing natural attrition to reduce the size to a seven member body. The Council also discussed appointing a five (5) member commission. The direction of the City Council as to the size of the new commission will be incorporated in the final draft of the Ordinance. 2 As a place holder, the name Arts, Parks, and Recreation Commission is used in this report; however, it is in the purview of the Council to provide direction as to the desired name. This direction will also be incorporated in the final draft. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Amend the La Quinta Charter and Municipal Code by revoking Chapter 2.75 (Cultural Arts Commission) and Chapter 2.95 (Community Services Commission) and Adding Chapter 2.85 to the La Quinta Charter and Municipal Code relative to the Arts, Parks and Recreation Commission. A. Motion to take up Ordinance No. by title and number only and waive further reading. B. Motion to introduce Ordinance No. on first reading; or 2. Do not introduce Ordinance amending the La Quinta Charter and Municipal Code; or 3. Provide staff with alternative direction. RPcnertfi illy Ri ihmittadl L"I IWIR f r Approved for submission by: o Thomas P. Genovese, City Manager 3 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING A NEW CHAPTER 2.85 (ARTS, PARKS, AND RECREATION COMM/SS/ON) AND REPEALING CHAPTERS 2.75 AND 2.95 THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: WHEREAS, Chapters 2.75 and 2.95 of the La Quinta Municipal Code (the "Code") concern the City of La Quinta's (the "City") Community Services Commission and Cultural Arts Commission, respectively; and WHEREAS, the City finds that there are common duties, objectives, and other factors between these commissions; and WHEREAS, the City has determined that creating one new Arts, Parks, and Recreation Commission would be the most efficient and productive way to provide the services heretofore assigned to the Community Services Commission and the Cultural Arts Commission; and WHEREAS, the City has determined that there is no necessity to continue the Community Services Commission and the Cultural Arts Commission as separate commissions; and WHEREAS, the City believes that these changes are in the best interest of the citizens of the City of La Quinta. NOW THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. Chapters 2.75 and 2.95 are repealed in their entirety. SECTION 2. Chapter 2.85 (Arts, Parks, and Recreation Commission) is added as follows: 2.85.010 Created — Defined. 2.85.020 Purpose and Objectives. 2.85.030 Members — Appointments — Terms. 2.85.040 Powers and Duties. 2.85.050 Committees. 017 E Ordinance No. Adopted: Page _ 2.85.060 Staffing. 2.85.010 Created - Defined The Arts, Parks, and Recreation Commission is created and established. The term "Commission" as used in this chapter, shall refer to the Arts, Parks and Recreation Commission. 2.85.20 Purpose and Objectives The general purpose of the Commission is to advise the City Council with respect to the City's development of cultural arts, including cultural events and activities; promoting the literary, performing and visual arts. The Commission shall also maintain and implement the Art in Public Places plan subject to approval of the City Council. The Commission is also to encourage the development of a planned and orderly approach to the delivery of leisure and community services in the City. Objectives of the Commission are as follows: A. To advise the City Council on matters affecting the cultural art of the City and to advise and assist other City boards, committees and commissions in the field of the arts and to cooperate and work with other cultural art organizations. To advise the City Council in identifying community needs for recreation and social services. B. To encourage and facilitate programs in the arts thereby promoting disciplines and activities, including, but not limited to the following: 1 . Performing arts, such as drama, music and dance. 2. Visual arts, such as painting, sculpture, photography, graphics, video art, applied art, and public art. 3. Literary arts such as literature, poetry and journalism 4. Communications arts involving film, radio, television, and technology; and 5. To recommend funding opportunities, such as conducting fundraisers, and contacting representatives of public and private funding agencies and art patrons. 6. To serve as advisors to the City Council on all matters pertaining to community services and public recreation, including identifying the community need for the services, and the management, conduct, care and development of the parks and playgrounds in the City. ;, cam, 1$ 5 Ordinance No. Adopted: Page _ 2.85.030 — Members — Appointments — Terms A. The commission shall consist of (seven/five) members appointed by the City Council. Parties interested in serving on this commission shall exhibit expertise, experience, knowledge, or similar assets that may be useful in serving on this commission. B. Every effort will be made to ensure that a wide cross-section of community residents, interests and viewpoints, including providers, recipients and professionally -related occupations are represented. Membership may include representation from organized social, cultural, community services, law enforcement, recreation, public health, gang prevention, child care, and senior services, for example. Both public and private may be represented. C. Member terms shall be for a period of two years. Initial appointments shall be staggered with (three/two) having one (1) year terms and (four/three) members having two (2) year terms. 2.85.040 — Powers and Duties A. General Duties 6. Analyze cultural arts and community services' programs as to effectiveness and need, and recommend to the City Council comprehensive solutions; 7. Make recommendations for research and solicitation of grants and donations; 8. Receive and act on all assignments made by the City Council, and submit reports and recommendations to the City Council on these assignments; 9. Serve as a public forum and conduct public hearings for recreation, art, opportunities for participation of artists and performers in City -sponsored activities, and human services concerns; 10. Make recommendations to the City Council on funding of community art events and parks and recreation facilities and programs, search for private and public grants and promote cooperation with other governmental agencies and volunteer organizations. �19 Ordinance No. Adopted: Page _ 11. Make recommendations to the City Council on community issues; 12. Develop public art awareness through the presentations of speakers, forums, mixers and special events; 13. Review parks' maintenance standards and quality. 14. Maintain and implement the Art in Public Places Plan subject to approval by the City Council; 15. Implement cultural and recreation activities as may be delegated by the City Council from time to time including selection of artists and providers for programs and projects, the award of contracts for art projects and programs; 16. Review individual park master plans for recommendation to the City Council; 17. Propose recreation, performing arts, and social programs; 18. Work with City staff to develop a list of possible public art and park sites; 19. Encourage and promote understanding and cooperation between public safety agencies and the residents; 20. Seek ways to procure public art and park and recreation amenities through fees, endowments, donations, loan programs, trusts and similar means of support; and 21. Evaluate existing programs and services with regard to service overlap or gaps. 2.85.50 Committees The Commission may from time to time, establish committees composed of commission members, citizens and/or interested people, charged with the responsibility of implementing certain designated projects subject to Commission and City Council approval. At least one member of the commission shall also be a member of each committee. 2.95.60 Staffing A. All departments of the City, through the office of the City Manager, shall furnish appropriate existing public information, data and records, and provide technical assistance and advice as required, within reason, as an aid to the Commission and its committees in the performance of designated duties. 7 Ordinance No. Adopted: Page B. The City Manager shall, within reason or budgetary constraints, provide or cause to be provided adequate staff, clerical help, and maintain files and records for the Commission C. The City Council shall periodically review the progress of the Commission. SECTION 3. Effective Date: This Ordinance shall be in full force and effect August 19, 2005. SECTION 4. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be posted in three places within the City of La Quinta as specified in City Council Resolution 98-109. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this day of 200_, by the following vote: AYES: Council Members NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (City Seal) %21 Ordinance No. Adopted: Page _ APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California n10 t.wrw Ordinance No. Adopted: Page _ STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ) I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. which was introduced at a regular meeting on the day of , 2005 and was adopted at a regular meeting held on the day of 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, CIVIC, 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 223 T �vS�neSs �CSSloh N MEMORANDUM TO: Honorable Mayor Members of the City Council FROM: June Greek, City Cler DATE: July 5, 2005 1(7 SUBJECT: Appointments to Boards, Commissions, and Committees I have received the following telephone calls today with regard to Business Session Item No. 3. Planning Commission Candidates: Ronald N. Spears — Is withdrawing his request for appointment. John Doyle — Is unable to attend the meeting due to a family emergency. He asked that I convey his continued interest in being appointed to the Planning Commission to the Council and his regrets he is unable to be present. Kenneth Dickerson — Is out of town on business, was unable to reschedule and is still very interested in an appointment, Architectural and Landscaping Review Committee Ken Northrup — Will make every effort to be present for the interviews but feels he cannot make it before about 5:30 p. He asked that the City Council consider his application and resume as a serious candidate. TWivl 4 Z46QuiKz AGENDA CATEGORY: BUSINESS SESSION: COUNCILIRDA MEETING DATE: July 5, 2005 CONSENT CALENDAR: STUDY SESSION: ITEM TITLE: PUBLIC HEARING: Consideration of Appointments to Various City Boards, Committees, and Commissions RECOMMENDATION: Approve the selection of: 1) one appointee to a two-year term on the Architecture and Landscape Committee; 2) two appointees to two-year terms on the Planning Commission; 3) Make appointments to the newly created commission as deemed appropriate by the City Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Clerk's office placed an article in the Chamber of Commerce Gem and advertisements in the Desert Sun, which ran twice, notifying the public of the expiring terms for boards, commissions and committees. Letters and applications were also mailed to all members of boards, commissions and committees, whose terms were expiring this year, inviting them to reapply. The deadline for receiving applications was June 21, 2005 at 5:00 p.m. The City Council has been considering the consolidation of the Cultural Arts and Community Services Commissions and have announced they will appoint the commissioners currently serving on those two commissions to the newly created one. Four (4) of the members of the Community Services Commission and one (1) member of the Cultural Arts Commission are eligible for appointment. At the time this staff report was prepared, a decision as to the number of members and name of the new commission had not been decided. 1. Architecture and Landscape Review Committee - The term of Committee Member David Thom expired June 30, 2005. Commissioner Thom has applied for reappointment and applications have been received from Loretta Currie, Dianne Tice, and Tracy Mark Smith (Attachment 1) 2. Community Services Commission - The terms, currently held by Commissioners Ed Hackney, Victoria St. Johns, and Mark Weber, are not scheduled for reappointment until June 30, 2006. Commissioner Robert Leidner, whose term expired June 30, 2005, has submitted an application for reappointment. There is currently one (1) vacancy. (Attachment 2) 3. Cultural Arts Commission - The term for Commissioner Andrea Gassman is not scheduled for reappointment until June 30, 2006 . Commissioner Brodsky has resigned. Commissioners Loudon and Reynolds did not reapply and there is one vacancy. Applications were received from Nicholas Hemes and Ted D. Eichelberger, II (Attachment 3) 4. Planning Commission - Two terms on the Planning Commission expired on June 30, 2005. Commissioners Rick Daniels and Paul Quill have both applied for reappointment. Attached are applications received from John Doyle, Loretta Currie, Robert G. Cox, Kenneth R. Dickerson, Ken Northrup, Elaine Allen, Ronald N. Spears, Michelle D. Heidbrink, Grover "Dutch" Dilsaver, Arthur Lambrose, and Jason Dickey (Attachment 4). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 Approve the selection of: 1) one appointee to a two-year term on the Architecture and Landscape Committee; 2) two appointees to two-year terms on the Planning Commission; 3) Appointments to the newly created commission as deemed appropriate by the City Council; or 2 Do not approve the selection of: 1) one appointee to a two-year term on the Architecture and Landscape Committee; 2) two appointees to two-year terms on the Planning Commission; 3) Make appointments to the newly created commission as deemed appropriate by the City Council; or 2 c.r�J 3. Provide staff with alternative direction. Respectfully submitted, ��� lk�� ,dune ek, City Clerk Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Attachments 1 A - D, Architecture & Landscape Review Committee Applications 2. Attachments 2A - B, Community Services Commission Applications 3. Attachments 3A - B, Cultural Arts Commission Applications 4. Attachments 4A - M, Planning Commission Applications 3 e) ') {. w} A. &,Attachment 1 A -''� Date: CITY OF LA QUINTA APPLICATION TO SERVE ON LA QUINTA ARCHITECTURAL AND LANDSCAPING REVIEW COMMITTEE NAME: VA\/ 2 HOME ADDRESS: _ Ra c:El TELEPHONE: (HOME) �5a T�3� BUSINESS:!' SA E EMAIL: MjjZL.l Z P M t5N - CO1 FAX' t264 - KA9 BUSINESS ADDRESS �_M �- IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD LENGTH OF RESIDENCE IN LA QUINTA: HAVE YOU EVER ATTENDED A MEETING OF THIS COMMITTEE?C>J� Biographical sketch, including education, work experience, civic involvement and other back-� ground. Please be sure to Include experiences relevant to duties of the position you seek. APPLICATION, ARCHITECTURAL & LANDSCAPING REVIEW COMMITTEE PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Architectural & Landscaping Review Committee. � = ► /i _�.� C� I tat ►at / ' L i i■WEI +► v 1[ What specific issues or problems face the La Quinta Architectural & Landscaping Review Committee and do you have any suggestions to address those issues or problems? MEN a 02 — a I "�AM MO am M OR What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Architectural & Landscaping Review Committee? op Real KNEW PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT CANDIDATE DAVID C. THOMS QUALIFICATIONS: • Bachelor of Science Degree in LANDSCAPE ARCHITECTURE. • Active member of the AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS. • Presently, holder of California License #1032 and Arizona License #9347. EXPERIENCE: • Directly responsible for many quality projects within the Cities and Counties of Los Angeles, Pasadena, San Bernardino, Beverly Hills, Newport Beach, as well as out of the state projects. DEDICATION: • It is my desire to be one of the best commission members serving the City of La Quinta. Respectfully submitted, I -A David C. Thoms APPENDIX A DAVW C. THOMS, ASLA Prindpal - "ect Manager EDUCATION: Sadvclor of ;ioa= in tatdscape Arcltit+ecWm, CalifouM Shur PdyWjuw tkivetsity. Sus Ling abi",1937 PROFESSIONAL AFFILIATIONS: Mambo of dte American Sociffty of Lutdscape Ardu� I'residatt of the Sottdteas C,aliiamia ChspWr of the AawjM Society of Lu dwVc AMMMM,1972. ftmdoe of South Pasadena SmutduL 1976-M& REGISTRAIMON: Lkensod lAnduape Ardutwt, CaUfamnm a1032 As zQM f934i The putaet*V of Wr was agw4ed svlten Mr. Thorns was pe auged do Prbtdpal in 1%& His Comb mcdors snd � ooanbined with his direct � in acadwnw, pwl mional and community servm now Imna as invabsabl,e warn mamber. As Senior Principal, Mr. Thoass has bee► directly raponsiale for the Wkming projacW • Calikw& stag University - Nostuld`c Campus LandKW md*Oct/masw ram" .Roxbwy MMOMMI Park bmedy Mlbr M45W Plm • Reeves Pads PLsar qcvwtional Ciwttch. Pasadena • Lake Avcnuc Cmgn*& • Soft Fe 17sers Remadon Ares► kWh -Ask • Noetbwood Sdsool. Imin e • Palm Sp" clsow, Fwa SPOZWopus Lmdscape • iiat�► Mudd CAW - Claremont ,%Mhitect/ldaster phmiA9 . C�luedwm come" - Daetutouth Street Eeuranty DeweloPatent . Westpark plan t6 Arcs 36 Park Three and four 230 Attachment 1 B RECEIVED Date: 2005 JUN 22 PM 12 3Z CITY OF LA QUINTA CITY OF LA QUINT �pPLICATION TO SERVE CITY CLERK'S OFF C ON LA QUINTA ARCHITECTURAL AND LANDSCAPING REVIEW COMMITTEE NAME: �Oketa. CLt.A4,e.., HOME ADDRESS: '5 6 /.a, w� t TELEPHONE: (HOME) 6�' ".Z eZ4" BUSINESS: -XJ a EMAIL: Cu.AAl*6Da:.KS @ m51/. Coln FAX:(7bD� 44 BUSINESS ADDRESS A - IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD LENGTH OF RESIDENCE IN LA QUINTA: S HAVE YOU EVER ATTENDED A MEETING OF THIS COMMITTEE? -7t&' Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. S.�. Cam. S. ? . SfaXe. an 9 IMM . � t7.�-Qsi jamj f)')oZeo ou,v7 y o n AL ,2A»s�Av oh 4 / �' 0 sue--" " -cA n 'a rP tin G a- %o A a,,t, ir0t J,- 9�/F,cu S C Pam% v 'TeAc� r) ►e APPLICATION, ARCHITECTURAL & LANDSCAPING REVIEW COMMITTEE PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Architec uraI & Landscaping Review Committee. L G ma's Quinta A lA AM JAi.-i� 04k) hat specific issues or problems face the La Quinta Architectural & a dsc ing eview Committ and do you have any suggestions to address those issues or problems? What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Architectural &/I Landscaping Review Committee? PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO,. LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR L 0CAL GOVERNMENT J 9 Attachment 1 C O� f Q Date: �o (2 25 CITY OF LA QUINTA APPLICATION TO SERVE ON LA QUINTA ARCHITECTURAL AND LANDSCAPING REVIEW COMMITTEE NAME: Rt),CY MAA49ffi ITH HOME ADDRESS: j8 1H 5 VIA, 5�MA4-A LA Qt4ifu Z CbN q_ -2 S3 TELEPHONE: (HOME) T7, `-{ZZ-8 BUSINESS: EMAIL: -CAN D 5 2cCV i VAC- t f (- , CcMFAX: 11 I 1 lit Z. BUSINESS ADDRESS 4 (goo (A)&SN ILAJOfW4 SC' . P Ia5 # 3il I) y bA D N&S IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD �ZZQ� L 5 fzmo i AC - - PF�! CsWT -- Ww 5owe h Z h •awl, GbN a . Cc K LENGTH OF RESIDENCE IN LA QUINTA: -% HAVE YOU EVER ATTENDED A MEETING OF THIS COMMITTEE? AD Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. M_i F - LEN DSCCIkPC- "ZC.44 1 TG<* -}� 723 6 a CAL E - LPrNOXAPE CONViL� fZ --ft- G 91 Cill� of LA Q1AIlam'% t3U51N� b G. ' z(Z- OeAG&3 Rev i eW C"CyVY m hT C_C_ m 0b P1(Z i`fiZ-IL_" 11E L 4 au b ,t ie W p ACQ4-7t - In& IM aNN N 233 N APPLICATION, ARCHITECTURAL & LANDSCAPING REVIEW COMMITTEE PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Architectural & Landscaping Review Committee. N�� 5 SPCA 5 SU �twtQ��U CA aOVN-IaY1� cb b'�1M Ft`7 C What specific issues or problems face the La Quinta Architectural & Landscaping Review Committee and do you have any suggestions to address those issues or problems? M�JSADFOS N 8-�' W NUT l W IMml�- T. WVaok& What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Architectural & Landscaping Review Committee? 1Z186(AL -M ,-&tN cAGs fljftUV 61A-15 607 PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 ''1144 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT r 1 1 1 1 Attachment 1 D .�� CITY OF LA QUINTA { Ff ICE AID APPLICATION TO SEW ` ON LA QUINTA ARCHITECTURAL AND LANDSCAPING REVIEW COMMITTEE NAME: HOME ADDRESS: TELEPHONE: (HOME) C-JC.6 -I-LQ BUSINESS: -----y EMAIL: FAX: T1 BUSINESS ADDRESS __>kou_Q IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD, LENGTH OF RESIDENCE IN LA QUINTA: 1 HAVE YOU EVER ATTENDED A MEETING OF THIS COMMITTEE? t_%o Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. 12 Y APPLICATION, ARCHITECTURAL & LANDSCAPING REVIEW COMMITTEE PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Architectural & Landscaping Review Committee. ` V t � What specific issues or problems face the La Quinta Architectural & Landscaping Review Committee and do you have any suggestions to address those issues or problems? What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Architectural & Landscaping Review Committee? PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 E THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 13 Attachment 2 A Edward T. Hackney, Esq. 79-915 Rancho La Quints Dr. La Quinta, CA 92253 760-564-6799 (fax/phone) Mayor and City Council City of La Quinta P.O. Box 1504 78-450 Avenida La Fonda La Qunita CA 92253 —1504 Dear Mr. Mayor and City Council, June 12, 2005 As you may recall I am a member of the Community Services Commission. I am writing to you to advise my interest in being named a Commissioner on the newly formed Commission that is taking over the duties of the Community Services and the Cultural Art's Commissions. Sincerely, V Edward T. Hackne 16 2005 237 1 14 Attachment 2 B Date: ` J REC`fyEp 2005 JUN 16 Ali 11 S6 CITY OF LA QUINTA APPLICATION TO SERVE CITY OF LA QUINTA ON CITY CL_ERKEAQUI1TA COMMUNITY SERVICES COMMISSION NAME: Jzda h—L I D N & (7— HOME ADDRESS: S �'_ p Ptq L. rnr Dg 1i,-7A �'2zJ'l TELEPHONE: (HOME) %60 BUSINESS: —6 0',4'0 c EMAIL: %3(524-/t7ry 72 (� . 2�2 . yv" i FAX: ���! ' � �l" ' ��� % 6` BUSINESS ADDRESS S AmC- 1qT K O-�-n � IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD LENGTH OF RESIDENCE IN LA QUINTA: Z +Y2S HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Y6-J Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. /'�' Y57r" QAJ V'a— CCFMX761ti 1 T1Y /yl,'_CC'/ 4 A J A5-6 r �IipcT�c�� /V C - l v /,v7W s - J Z_C t�'d GM/PD?P--f_S_ - 15 1u APPLICATION, COMMUNITY SERVICES COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Community Services Commission. What specific issues or problems face the La Quinta Community Services Commission and do you have any suggestions to address those issues or problems? G' 0 -S'O C I DA ' W -0 OF - M5- 2 C C M 1nisf1 O.A).r cy/L.(, , r vi�� `' OU t�� l �GtY%%/i7 �S t / d ✓vS' b (//LS77�� What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Community Services Commission? 7-0 ('cam M1 S'�S' a PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 239 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 16 Attachment 3 A NICOLAS P. HEMES hemes@msn.com 79405 Highway 1 1 1, Suite9, LA QUINTA,CA 92253 Phone: 760 221 1236 April 19, 2005 TO: CITY OF LA QUINTA COUNCIL MEMBERS SUBJECT: Position of Cultural Arts Commissioner I have recently returned to live in the City of La Quinta, after an 18 month stint as Market Development Manager for the Naples (Florida) Chamber of Commerce. G�� 1 Chit c�lulci ✓ Also, I was appointed by the Collier County Commissioners to serve on the Collier County Code Enforcement Board. As you are aware I served for 2 years (2002-03) as a Cultural Arts Commissioner. During this time, I believe I made a significant difference in promoting and developing cultural arts awareness in the City. I would like to be considered by the Council for this position or any other that the Council determines that I am qualify for. Best regards and sincerely, r Nicolas Hemes Attachments: Resume, confirmation letter from the Collier County Board of Commissioners and Florida Highway Patrol ID. '10 17 NICOLAS.P.HEMES 79-405 HIGHWAY 1 1 1, SUITE 9 LA QUINTA,CALIFORNIA 92253 Phone: 760 221 1236 hemes@msn.com MILITARY SERVICE ROYAL AIR st FORCE- Middle EaCommand 0 956-1958)• Air Controller(Sergeant) EDUCATION: BA- MARKETING, LONDON UNIVERSITY, LONDON, ENGLAND QUALIFICATIONS: MARKETING AND SALES CONSULTANT FOR OVER 45 YEARS EMPLOYMENT: 1958-1960 Media Manager, Mather & Crowther, London 1960-1963 Media Group Planner/Buyer,BBD&O (Omnicom), New York. 1963-1970 International Sales Director, Hearst Magazines, New York. 1970-1978 Associate Publisher, 3M Company, Minneapolis and Los Angeles, California. 1978-1987 President, Mali Media and Vice President, Martin Communications, Los Angeles, California 1987-Present- Chairman, International Marketing Consultants, La Quinta,CA 2003-2005 -Sales Consultant, Greater Naples Chamber of Commerce, Florida CHARITIES: Diabetes Associates at Cedars Sinai Medical Center, Los Angeles, California Executive Board of Directors (1971 - 2000) California Highway Patrol (1199 Foundation), La Habra, Ca - LIFE Member GOVERNMENT POSITIONS: COLLIER COUNTY(FLORIDA),Member, Code Enforcement Board (2004 -2005) CITY OF INDIAN WELLS, California, Public Safety Commissioner (1995-2000) CITY OF LA QUINTA, California, Cultural Arts Commissioner (2002-2003) STATE OF FLORIDA, FLORIDA HIGHWAY PATROL, Advisory Council(2000-05): RIVERSIDE COUNTY REPUBLICAN PARTY - Member /c>oaa of wdl6�,X voanty (620M��� 3301 East Tamiami Trail • Naples, Florida 34112 - 4977 (239) 774-8097 • Fax (239) 774-3602 Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 Mr. Nicholas P. Hemes 6017 Pine Ridge Road, Suite 123 Naples. FL 34119 March 9, 2005 Subject: Collier County Code Enforcement Board Dear Mr. Hemes: While convened in regular session on March 8, 2005, the Board of County Commissioners voted to appoint you as a REGULAR member on the above -referenced advisory committee. Your appointment will expire on February 14, 2008, or at such time as the Board re -appoints you or appoints your successor. As with any advisory group, the primary purpose is to assist and advise the Board of County Commissioners. By law, however, the ultimate decisions rest with the Commission. At times, the Commission's decisions may not reflect the recommendation of the advisory group because many facts must be taken into consideration. By copy of this letter, we are requesting Michelle Arnold, Code Enforcement Director, to provide you with any additional information you will need as a member of this committee. On behalf of the Board of County Commissioners, I wish to extend our appreciation to you for your willingness to serve the residents of Collier County as a member of this advisory committee. Very truly yours, Fred W. Coyle, Chairm Commissioner, District FWC:sf cc: Michelle Arnold, Code Enforcement Director 19 ti DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DIVISION OF .q��Ii V M P{f�l M Y [FA � R0. ADVISOR NI - 'MES IS A M C 0. WITH THE FL S G THE OF F A. )VIS U EMBER BY ORDER O� �GHWAY PATROL 4� CHRISTOPHER A. MIGHT, DIRECTOR FLORIDA HIGHWAY PATROL 243 20 Attachment 3 B P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 June 14, 2004 Ted D. Eichelberger, II 81-972 Daniel Drive La Quinta, CA 92253 Dear Mr. Eichelberger: (760) 7 7 7 - 7 0 0 0 FAX (760) 777-7101 Thank you for your interest in the La Quinta Cultural Arts Commission. Unfortunately your application was not received by the June 7, 2004 deadline. I have placed your application in a pending file and should an opening become available during the next year, I will notify you. The City Council makes appointments each year, usually in June, to appoint and/or reappoint members of boards, committees, and commissions whose terms are expiring. Your application will also be included in that recruitment. Sincerely, June Greek, CIVIC City Clerk 244 21 g�� R LE C;_ 1 '-' _ D Date: May 20, 2004 7nnj, JU(l - ` P►1 1: 00 CITY OF LA QUINTA CITY 0I= LA` G U NT A APPLICATION TO SERVE CITY C':.ER" 'S OFFICE ON LA QUINTA CULTURAL ARTS COMMISSION NAME: Ted D. Eichelberger II HOME ADDRESS: 81-972 Daniel Drive (TRILOGY) La, Quinta, CA 92253 TELEPHONE: (HOME) (760) 777-7997 BUSINESS: (760) 360-7999 EMAIL: teichelberger.ii@dc.rr..com FAX: (760) 777-7987 BUSINESS ADDRESS P. 0. Box 2075 - PAlm Desert, CA 92261 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD self employed commercial real estate broker/developer LENGTH OF RESIDENCE IN LA QUINTA: three months HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? no Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. See attached biography of Ted Eichelberger II. Not set forth in the attached biography: 8 years old through high school (18 years old): performance piano prodigy with many solo performances, including live radio. Had own half-hour radio show on WING (DAYTON, OHIO) with "guests" at age 11. Also performed solo at Dayton Art Institute; soloed with Dayton Philharmonic Orchestra; attended two consecutive summer sessions at Chautauqua, New York --where Julliard staff and students also spend some six weeks each summer. Soloed with Chautauqua Symphony Orchestra (Grieg Piano.Concerto); appeared on WLW radio; WLW-TV; WKRC radio (all Cincinnati, Ohio appearances). Have hosted Charlton Heston and Meredith Willson, among other notables'in my own home for benefit per- formances of each; obtained an outstanding high school education at Oakwood High School (Dayton); then Northwestern University (2 -years); then Ohio State continued: over 7,1 441 APPLICATION, CULTURAL ARTS COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Cultural Arts Commission. University for Bachelor of Music degree, followed by businessSchool and law school --all at Ohio State My current knowledge of the Arts Commission is limited to what I read in the daily newspapers (ala Will Rogers) ... but I believe broader vision of national and world activites in all creative arts should be focused back on La Quinta's extraordinary opportunities for leadership in the creative fields of human experience. At Chautauqua, for instance, creative writing; creative art and art history, music (classical as well "Aaron CQ lend 20th-Ce t ury reat'o s") Id op r and uil and wOrs were melde What specifpc issues or problems face tie La uinta �u�tural ATrts commission and do you nave any suggestions to address those issues or problems? The magic of the La Quinta setting --the VENUE --must be presented to the world. Some major events attracted by true leaders in the "industry" must be sought and produced. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Cultural Arts Commission? I subscribe to Suzie Orman's short dictum: "People first, Then money, then things." However, to get the people involved, you must present them with a logical REASON for their involvement. PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT ,;�4 .... BzograpF y... Ted Ezchefberger..... TED EICHELBERGER II came to California following his graduation from Ohio State University, after he had also completed post -graduate studies in OSU Commerce School and OSU Law School. He is a recipient of the. American Jurisprudence Award in Equity and a member of the legal fraternity Phi Delta Phi. Ted became real estate credit -administrator for Riverside Division of Security Pacific' National Bank. He went on to become president and CEO of Security Bank's real estate subsidiary, where he developed many new branch facilites for the bank. Before leaving Security Bank, Ted graduated from Northwestern University's School of Mortgage Banking. He then independently entered the real estate brokerage, financing, and development business. As a fully -licensed California real estate broker for over 35 years, Ted has served as committee chairman on several real estate boards. He possesses an extensive background in commercial and industrial brokerage, construction, development and leasing. His experience in maipr real estate transactions and development is extensive. Ted is a founding member of the Desert Resorts Convention and Visitors Bureau and has served on several Southern California Chambers of Commerce boards. In the late 1980s, Ted was Coachella Valley VIP Chairman of the United Cerebral Palsy campaign and telethon in addition to being first a member, and then chairman, of the host committee for the Bob Hope Classic Ball. Ted's biography is featured in Who's Who in California as well as Who's Who in the West, Marquis Publications. 247 AttachmP. f n A Date: 7 b 5 CITY OF LA QUINTA APPLICATION TO SERVE ON LA QUINTA PLANNING COMMISSION NAME: l CJ1 — - ,.� ' Gt. 5 HOME ADDRESS: SS " 1 S O S�. O p►�. • (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME) "7100 =11 I -604 BUSINESS: `16PQ ! 4 a 1 5-5 EMAIL: CGS tj;j�C . IZZ Con. FAX: 1 GO '1 -1 �Z�! BUSINESS ADDRESS IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD k GtirLS %A6 A 1 - � LENGTH OF RESIDENCE IN LA QUINTA: HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Biographical sketch, including education, work experience, civic involvement and other back- ground. Ple se be sure to include experiences relevant to duties of the position you seek. 'So Cl��t� s f c`o V-11 �-C.. �L� ► � o Z1� ciS-0,('6 ctoil C�1- 1 l it cgi -- <, ►� Ct t4 �i7 S 6 G Z 0-AL— A k tc� �.s 2-1 Z �? 25 APPLICATION, PLANNING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission. Clf) -o!cc What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? _ 6..,,,_, - ,�- o,�.r E J What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 249 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 06 Attachment A D Date: RECEIVE[) C TY OF LA QUINTA 2005 JUN 21 PM XpAiCATION TO SERVE CITY OF LA QUINTA ON CITY CJAQ1WNTA PLANNING COMMISSION NAME: G I PO 05O�4l ,,� �a / h HOME ADDRESS: S i -5 �7 Y Cry IC q�t (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME)C76 C , .f BUSINESS?77/ EMAIL: (Eq r4-4 A ., Lc d r\ e 4- FAX \ � BUSINESS ADDRESS S CI rv, .e Gl S G b C)\' C-- IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD In LA LENGTH OF RESIDENCE IN LA QUINTA: HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Ye — Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. r S u Vi i o r QW1 I 1 5' CzS ��easc Sc. �4e e- 4 ed �5d 27 APPLICATION, PLANNING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission. v ✓t Y'✓� 5 B I r+ 5 it) nFed. i- r^ n l r r�- C- n a�� as u t C eZ r .L r,-\ o t'-� wc r jnn zn' C� sf= - 0C-A yj V" I S �- What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? r : L Q ao�j �f.40 t ✓�'� Y" L t `� • L4)e- PU0 �Nav-'C- Ck.,- 0 CZA 6 e--, 4-(=� What specific attitudes, skills and/or expertise do you think you have which would enhance th work of the La Quinta Planning Commission? �O Y � i 1dQAr'Q C,.)CV&zkC: IO&V no I Ar S-C LJ� r on C� �Xr V'p flew apt w ej e PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 28 PAUL D. QUILL 51-245 AVENIDO RUBIO LA QUINTA, CA 92253 760-564-2685 ee_4P1'1' c a T.(." June 10, 2003 City Clerk P. O. Box 1504 78496 Calle Tampico Lane La Quinta, CA 92253 RE: Application to serve on the La Quinta Planning Commission Dear Honorable Members of La Quinta City Council: In 1981 1 came to the Coachella Valley to build the golf course for the Vintage Club in Indian Wells. I was two years out of college, having worked at the McCormick Ranch Master Planned Community in Scottsdale as an assistant golf course superintendent. After a year living in a small apartment in Palm Desert I rented a small home in La Quinta Cove. It was located near Montezuma and Bear Creek Wash. At that time the City of La Quinta was newly incorporated, and if I remember correctly, Fred Wolf was still the first mayor. The old County streets within the Cove were in dismal condition. Coachella Valley Water District flood protection had not been constructed to safeguard property. 90% of the four-way intersections did not have stop signs. At that time I would come home from work and jog two miles up the wash and into the foothills of the Santa Rosas. Needless to say, I fell in love with La Quinta and have been a Cove resident ever since. A neighbor of mine recently said that living where we live in La Quinta is like living in a National Park. My career in the Coachella Valley has spanned the last 22 years entirely in the resort residential development arena. After completing the construction of the golf course at the Vintage Club and spending a short time as the golf course superintendent, I was hired by Sunrise Company to build and maintain the golf course for the Lakes County Club in Palm Desert. I worked for Sunrise Company under Mr. Gary Berger throughout the development of the Lakes Country Club and Palm Valley Country Club until 1986. At that time I approached Ernie Vossler and Joe Walser of Landmark Land Company to see if 1 could be of assistance to �J G:\WG_IAND\quill letters - word\quill letters 2003\P4anningCommissionAm 29 them in the recently begun development of PGA West. Working under such individuals as Lee Schmidt (now with the golf architectural firm of Schmidt and Curly) Lloyd Watson R.C.E. and John Curtis R.C.E., I gained enormous experience and exposure to the land development business. I was involved in all aspects of the golf and land development of PGA West and Citrus, as well as the subsequent development of Mission Hills in Rancho Mirage. It was during this time that I became familiar with the La Quinta city staff and worked with Jerry Herman, than as Assistant Planner, and Tom Hartung throughout the development of those projects With the demise of the Savings and Loan institution and its consequent impact on Landmark Land Company, I returned to Sunrise Company in the design and development stages of Indian Ridge County Club. In that capacity I was intimately involved in the design and development of the plans for Indian Ridge. After approximately a year of working for Sunrise, it was apparent that the funding for the building of Indian Ridge was going to be delayed due to a slump in the real estate market. When I hired on with Sunrise for the second time they were coming off of the best year in their history, driven by over 500 sales at PGA West, all of which were accumulated in six months. Their sales dried up very quickly and funding for the Indian Ridge project was not obtained for two more years. Del Webb Corporation under Frank Pankratz at Sun City Palm Desert recruited me. I hired on with Del Webb in 1991 and was their Land Development Vice President. In that capacity I have driven the land planning, design and entitlement process, as well as the actual development of the Community. I have been responsible for the design and planning of the golf courses, the landscaping, the land plan, the street layouts, and the coordination of all required and associated entitlements. I have made countless presentations to the various agencies of Riverside County in coordinating the planning process for Sun City Palm Desert. I have presented at public hearings at the Riverside County Planning Commission, the Riverside County Board of Supervisors, Riverside County Transportation Commission, the Airport Land Use Commission and many others. I have successfully negotiated the entitlement process for the design and development of Sun City Palm Desert from the first vision house through what will soon be completed with 5,000 homes and 110,000 square feet of recreation amenities. With the merger of Del Webb and Pulte, I am now an employee of Pulte Home Corporation as their Director of Land for the Coachella Valley. At this time Pulte does not have any projects in the City of La Quinta. In the course of my nearly 23 years in this industry, I believe I have developed an enormous wealth of experience and knowledge of landscape architecture, urban planning and all associated disciplines. I am extremely familiar with the CEQA process, and have worked with countless agencies related to the planning and entitlement process. I consider myself adept at landscape and architectural review, as I have successfully driven that process for what consider to be several of the most beautiful and successful master planned communities in the Coachella Valley. JO�J.� have a Bachelor of Science degree from the University of Arizona in Agriculture with a focus on agronomy and plant genetics, the intent of which was to provide me with background for golf course design, development and maintenance. I believe that my experience in all aspects of the land use process would be of value to the Planning Commission of the City of La Quinta. I have often desired over the last decade to submit an application to serve on the Planning Commission, not only because I feel I can add significant value to the City in that capacity, but 1 also love this City and want to give back and pay forward some of what it has given to me in these last 22 years. I, my wife Dori, and two children, Dakota and Mariah, presently live on Avenido Rubio in La Quina Cove where we built a home in 1991. My previous residences on Avenida Obergon and my present home both received "La Quinta Most Beautiful".awards from City Council. I respectfully request you consider my application to serve on the City Planning Commission. iS i n®r , aul D. W 31 • Seven years on the Board of Directors of the Sun City Palm Desert Community Association serving 10,000 residents. • Seven years on the Architectural Review Committee for Sun City Palm Desert. • Countless presentations before Riverside County Planning Commission, Riverside County Transportation Commission, Riverside County Board of Supervisors, Indio City Council and Planning Commission, Coachella Valley Association of Governments, Airport Land Use Commission and many other agencies. • In the 1980's I served with Karen Barrows on the City of La Quinta's Mountains Conservancy Committee, a City Council appointed committee. Councilman Sniff performed oversight of this committee. • In the early 1990's I organized a grass roots resident support group to lobby City Council for the completion of road improvements to the dirt roads in the Yucatan Peninsula area of the Cove. This effort expedited that phase of road improvements for the area. • In depth understanding of CEQA as it relates to the environmental process required of jurisdictional agencies. • Understanding of Roberts Rules of Order. • Understanding of the Brown Act. • A desire to preserve the City's natural Open Space areas and public pedestrian access to them. • As exemplified by my continuous management career with such names as Vintage Properties, Sunrise Company, Landmark Land Company and Del Webb, I have obviously proven that I can make decisions, grow in knowledge and get things done. 3� Attachment 4 C Date:�cS CITY OF LA QUINTA APPLICATION TO SERVE, " ON LA QUINTA PLANNING COMMISSION NAME: HOME ADDRESS: '53530 /-?U�-;- (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME) :�&Q 6�Y-3,2 q3 BUSINESS: 9?e0 -99-f- ?-6 Q 8 EMAIL: --J--H+-� bout 9-(Q A-04 - Co m, FAX: BUSINESS ADDRESS IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD J-4)-ram � Pau m a I & -- P" m)3 6A_ LENGTH OF RESIDENCE IN LA QUINTA: G/ S HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? ► o Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. T_ MPW f -ou TL Nt 1-m Ptium E_k w1 Wk I. t Y �' i� m Q i nJ G XA-L- ZISLEECTS o,"; PL0976 '36 Aet4 . -9� 1-7-_ t onI S VW A),1G�A7fA,S'1 b6.#-,T__ vJ/ Tff� bfsuf3.Li Ly 5 33 APPLICATION, PLANNING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission. Co0/I?lSS/CN i7-.UW7oS l Ax.c-e l5/Itt5 C T5--' el i= 7hl Cl Ty. What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? 7,7 410 I4AJ,,9-W0e!E_ SP 9 Ci Fr c Tl',S T 7v %f�<,- eoW/✓ IZVO � sc) 7#-/" 2 mA r ZM96-C� What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? �`�-- ' P - < X1 ,LS . 77/��- Z CAN 1�7,oVX i&-- 696-A-7f" IMPy-C -- olQ ClT? G I?4 i (I tf-6-,u �L S J SST Ttf� S % wo PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 ' 7 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENTS 4 Attachment 4 D �.T RECEIVED Date: I'o Z055 JUN 22 P(1 32 CITY OF LA QUINTA CITY OF LA QUINT94PPLICATION TO SERVE CITY CLERK'S OFFICE ON LA QUINTA PLANNING COMMISSION NAME:` �L��OI. CK�•'eJ HOME ADDRESS: '7. _ gsc) keorAeAA .1%S ar•y,� L L,c,'a , c (Must be a La Quinta reside t and eligible to vote in the City.) TELEPHONE: (HOM �T/�6T.• o�� t'� BUSINESS: EMAIL:_ C U-00,1Q.j e0&WS S)V . C.OM FAX: C760)'-164 `az, 4• fir BUSINESS ADDRESS Q IF EMPLOYED,, .L'IST YOUR EMPLOYER AND POSITION(S) YOU HOLD M0"..' LENGTH OF RESIDENCE IN LA QUINTA: A4W MD44 S HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? 'rl**� Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. r 5ay,7rP-r,)c+`sco 6a.Te n ; ✓er5,•Ty - '' 00.r¢ 1_ e y"e erg'y • ? , '! 1YR3. , -Z. A. eon. r9 johY A. ' _ . �8 �� 35 --/97�=74 APPLICATION, PLANNING COMMISSION '✓•n6- &M PAGE 2 ct Qtc.�n�'a i�!'tSa,QSri> Describe your n wledge of pe functions, regu l ions, and,procJed es qf the La uinta P Co mission. 64v- ID t specif i ues or pro lems ace the QuFnta PI rifiin �mV n a d do you ave any h s estions to ddress those issues or problems? . What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? '&1.4 &�� . -1. 7 PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 2% THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 36 Attachment 4 E RECEIVED 2005 JUN 21 PM 1 95 CITY OF LA QUINTA CITY CLERK'S OFFICE NAME: Date: (; o20 - CITY OF LA QUINTA APPLICATION TO SERVE ON LA QUINTA PLANNING COMMISSION HOME ADDRESS: 7a!,3/67 (;19 'Lea;sw /e.E[�fC� (Must be a La Quinta resident and eligible to vote in TELEPHONE: (HOME) 9&0 3,9Y-2/L BUSINESS: EMAIL: 2CQ,& .1 Ack• r't• GOB FAX: —16Q- 77/-os4l%3 BUSINESS ADDRESS IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD Se« ?&Ati- R'Q'O'c�'-C LENGTH OF RESIDENCE IN LA QUINTA: 3/ ff.2S HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. , X=fW,6 a j2-PS .0 D S Y*T0 0,0 i VEic ' s ol r v �ys"AUeS.S 46M)&J • 90a &tiAi.Jc-F.e/NG ,J /wJo.e V446vs ro i rieeSee vjre 410*"eA6'A)7' A-AJ-b l�pQC �S! E•�/.¢Paste-s, �Gt/tiP� �RJ D� AT+c�O <Sebe * L bVS1NZ-5S e..S 4AJ) W-4 De AeltpAJ 1/6Py 'jN voc.yeo i .) (fonj)*t yW,,r l4-yrAI'e%5 FRo AA C~Idet INE 0 M0%elIc rV AOM07-1 o.v 1* F LiFPLl�eTy i SSucs, CQee-0A)-rt y e664de4 ey d« a J= CO /, AJ.D Doeekr o,j 5.4r-ellv vse . JL. hove Iry /.0 T14e i:IeC -5`Ctyic e g^t,b Ties l vz u bzev w ,)v <A J6e .4 43eA/ e-f `to --yc Ot-4� Al iN 4 C > yr. wi i Sion/ � �r l 1 �- C` � Y 37 r; 0 APPLICATION, PLANNING COMMISSION I PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission. --%� EGAy N/ � 6 Ot 41 wl /sus., a .J seO Ve, 5 A--f OLc vow ,Lot.. ! .vd &A Ai -it, T.e.t--rv/c/�6s .ram P/�is�c�s me-r A-� Z oNA-J G DRy / �► ki��c�s !}d' a L L h� C->7t� 4-0 441S . i �J�y �8- A-LS o 7`o � a 77A� c /7Y " oyc / c, o AD ,4y,( ✓'I- i A Ajeos s o [_ 0 ".y6 e-c 7-D 0y1 Are 4./ • )e c What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? ::� S a /u.-- crf >�C Gr 2 o.v T pzma4Ge/ft'5 wo 44 cy e "^.(.D US& ssyes AAr-ks .r%N: /?y .415 wet-t- &5 ! ss ve'5 • Usn C 6 r-- w. o ,y T-,F'&- 6ea e09q-L- ,oc.A-� Coo u LAD "PAc&S A 4?4j7a0-/ 7�i 67e >!%S'e "sSoes �4 rr1� %�4-Ve r-�7 LSE .� .-.4 L.T l.•� !�"H o J � �'�45c BY •�d^E' What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? -I ,.T C -I-AJ " a X, < "I d e V re 7-0 61- 77-414 A- Crd 4 h7 o.J G0 -e 4!fiU" Gaz Any /ltioWLeo6e Cot )qe- e - -i ,Ts J 1.Ae CtA ee.-r T- hL.v.P fv 7-UR e. o A ZWS .4S 4uel.& 4 m Y k'V0'kj4eAe -- A-,v0 a9-inAO,26 I'Q /H Y CiOC-C2 ' rVO u L D m Alec INC, s} s✓ 4 5 S -e. 7- /� 0 )`-V .7'J 8O ✓yt *7l S S/ o ,-,J PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 38 ROBERT G. COX 78315 Crestview Terrace La Quinta, CA. 92253 Home: (760) 345-2142 Cell: (760) 413-4955 RCox 1(a,dc.rr.com PROFESSIONAL EXPERIENCE: From To Job Classification and Duties 1995 Present Real Estate Broker and Mortgage Loan Consultant 6/97 6/98 Fire Chief San Andreas Fire Protection District San Andreas, CA *Main objective was to update organization, administration and operations 12/87 7/93 Fire Captain Cathedral City Fire Department Cathedral City, CA *Member of original team to organize and develop a new City Fire Department. 5/77 12/87 Fire Captain California Department of Forestry/ Riv. Co. Fire Dept *Served as Division Training Officer, Liaison Officer with other agencies and program development. Served various local and state assignments and on Management Team for wildland fire suppression as well as operations, administrative and public relations duties. 39 SERVICE AND PROFESSIONAL ORGANIZATIONS: 1. California State Firefighters Association 2. Aircraft Owners and Pilots Association 3. American Legion 4. Past member — Rotary International and Elks Club 5. Past member — International Association of Fire Chiefs, California Fire Chiefs Association and California Association of Fire Districts. 6. California Department of Real Estate — Real Estate Broker License 7. California and National Association of Realtors 8. Board Member - Riverside County Fair and National Date Festival 9. Board Member — Operation SafeHouse EDUCATION: Name/Location Course of study 1. Selma Union High School General Ed./College prep. Selma, CA 2. Fresno State University Business Administration Fresno, CA 3. College of the Desert Fire Science and EMT -IA Palm Desert, CA 4. San Joaquin Delta College Fire Science Stockton, CA 5. California State Fire Marshal Fire Administration and California State Fire Training Management 6. The Realty Institute Real Estate San Bernardino, CA 7. The Computer Center Computer Operations Palm Desert, CA 8. Riverside Community College Fire Science Riverside, CA Adjunct Instructor 03 M REFERENCES: ROY WILSON Riverside County Supervisor Palm Desert, CA 760-863-8211 2. MARK BAKER Fire Chief, Lakeside Fire Department Lakeside, CA 92040 619-390-2350 3. PAT MURPHY Fire Chief, Retired Murphys, CA 209-728-0356 4. KRISTAL GRANADOS Bank Manager Palm Desert, CA 760-408-0544 2�4 41 Attachment 4 F Date: j uY►� o�� �j RECEIVED 2005 JUN 21 AM 9 52 CITY OF LA QUINTA APPLICATION TO SERVE CITY OF LA QUINTA ON CITY CLERK'IAI JUNTA PLANNING COMMISSION NAME: .-hic '—�'o r HOME ADDRESS: -`7oZD -65 coc�r+ L-a- Quwc'6�_, galas a (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME) BUSINESS: 719 tP, FAX: '-zo - sG`js BUSINESS ADDRESS 5o vyr_ 0.t> czkoolde_ IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD Gt-t. LENGTH OF RESIDENCE IN LA QUINTA: _ iO yy\ov\+, kS HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Ny Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. / /C'Si�e �«ivE/� .d-e.►� l eSG�v / �`6r�i �i' ' �c . ` (.. /�+ ,Z lee / �i4i� ly �Xel_�4'0-etefe 4226 APPLICATION, PLANNING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission. What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? / 1 � _ What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? fry �✓�'' ' !� GI ^� �C✓<'i'� ��%� Sh i !� �r c� /�!✓Q . _fir_ Gvi `// �IZ � s0 � v PLEASE RETURN THIS APPLICATION TO: CITY CLERK P.O. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 2rs THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 4 3 Attachment 4 G Date: �Znv RECEIVED 2005 JUN 20 P( T'V OF LA QUINTA P L CATION TO SERVE CITY OF LA QUINTA ' ON LA QIAWyrXW W&uRAL AND LANDSCAPING REVIEW COMMITTEE NAME: HOME ADDRESS: %�r��S /�5 (�% �4r✓f L 'uJoay of `f LK"zA44 C�.4 74 TELEPHONE: (HOME)( _R_2 �,BUSINESS:��ya %D' EMAIL:S�ZOJ, �� F, v BUSINESS ADDRESS IF EMPLOYED, LIST Y-OUR-f-MPLOYER AN"OMTION(S) YOU LENGTH OF RESIDENCE IN LA QUINTA: t HAVE YOU EVER ATTENDED A MEETING OF THIS COMMITTEE? l� Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. 4 J APPLICATION, ARCHITECTURAL & LANDSCAPING REVIEW COMMITTEE PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Architectural & Landscaping Review Committee. o v 77Zu c ij-0A, /221 What specific issues or problems face the La Quinta Architectural & Landscaping Review Committee and do you have any suggestions to address those issues or problems? 2 e4w-CIW04) 70�r What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Architectural & Landscaping Review Committee? L� vc e- /z co < <cc oo s1,.r PLEASE RETURN THIS APPLICATION TO: CITY CLERK r P. 0. BOX 1504 78-496 CALLE TAMPICO ` LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVE NMEN 4 rJ K l'I N Kenneth V. Northru 55-156 Tanglewood Tel: (760) 771-0320 La Quinta, Ca. 92253 Fax: (760) 771-0254 Cell: (760) 408-7753 bizbrk(a-)_aol.com Accomplished Business Executive with a proven record of success in entrepreneurial and corporate arenas. Professional Experience Home Depot Inventory Management Associate Northrup Real Estate Principal Desert Paradise Realty, La Quinta, CA Broker Associate Becker & Becker Realty, Inc., La Quinta, CA Broker Associate Can -Do Advisory, IncJBridgewater Associates - Thousand Oaks, CA President/Principal - Real Estate and Consulting Company Motown Records, Inc. - Jobete Music Publishing, Inc. - (323) 856-3507 - 6256 Sunset Blvd, Hollywood, Ca. - 90028 Chief Financial Officer Capitol Records - Capitol Industries, Inc. - EMI, PLC -1750 Vine St., Hollywood, Ca, 90028 - (323) 462-6252 Sr. Vice President, Corporate Controller, Corporate Treasurer Glidden/Durkee Company - SCM Corporation Education B.B.A.- Ohio University; accounting. Accomplishments President and Principal of Business Brokerage Company (Los Angeles and Ventural Materially participated in successful resolution of investment tax credit for music industry Successfully reorganized corporate financial departments in the U.S., Europe & Japan Organized the first Federal Credit Union for Capitol Records. Negotiated the sale of Motown Hitsville Studio for $5 million. Elected a member of Ohio University Outstanding Business Achievers Club (1990) Licenses /Affiliations Real Estate Broker, California 25 year life member of Financial Executives Institute Member of IESC (Intemational Executives Service Corporation) "Life" Ambassador with Conejo Valley Chamber of Commerce Member of American Cancer Society Board of Directors (Ventura County) Member of Advisory Board of American MSI Corporation - Moorpark, CA. Personal Married, 3 children, 3 grandchildren United States Army, Captain, Honorable Discharge Extensive international travel EAU Attachment 4 H Date: REGELVED CITY OF LA QUINTA 2005 JUN 20 Pal 2 35 APPLICATION TO SERVE CITY OF LA QUINTA ON CITY CLERK'S OFFICE LA QUINTA PLANNING COMMISSION NAME: R (c -% r1 e A H e n HOME ADDRESS: 6 3 9 2 o A V b i&-z- (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME) 760' 664'8566 BUSINESS: 740-564-4733 a*i-AK.0-964-9435 or BUSINESS ADDRESS 'r 3 I. Zf► ♦i IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD co — o co n er w/ D on A I 1 en - 5a_ - ,g Rosa -Repa-f-,/ LENGTH OF RESIDENCE IN LA QUINTA: 5 vrs HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? y�5 Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. �) 5.9. Uru, ersil of Oreann :4-A1hgd Ar-ifs 2) 1ovrs- Mgd,i 3)' 3D+ v Li M +- v r5 - Carr P .l Cvo n*22C zar 5 D, eav 4 v r a - K4_w_Qn t--T h p nno r+hi CPon c, ve-L4 F-n 1 = - e. 'CD wn 04 Maeya m4-K Us —19 94 - 94 lct Wou ct ba i h4cres+n*d Ca.lso) in • Arck*t+ec.4wr&J Review C! o w� n�►'i {}'ee , I -� n o vaca.H.cl eS � 15�` o � �lah n � n� � � m 4' WE APPLICATION, PLANNING COMMISSION PAGE 2 escribe your knowledge of the functions, regulations, and procedures of the La Quinta Planning commission. , 4 To CWLA s 1 �0 r- dl es ja n son l n a CLA4 er- ba in►���Icn�na d- Zoh•i a -t- Codes kl�rr�i✓tanc�s 4Y1 ct A.G9 f in 11A ut • -60 S'fa, re : Same, I�Ssis� in c.ons'tAerinq flew b(dci, caol� or►S- t►� l�-�t oh s h, iD -i'n L C� G� @.rars.I hl a. v► l,10_ Ue1C)0 " , at.2.hertt, I n (c.✓i What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? �v►� a ��,►-�.c.c Ge a DA u.n UJ i , c� ra r. All _mol C. YYI AL.,/ Bond 445955 M e5 What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? rrrtrotcA w/bua Ids nnd,lest r► n a h4v on -ad s m Q4j Ll;tsya:na a crS a ir, _ A Ui I I sues ' c 1 S 5 u, es PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 r,71 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 48 06/13/2005 RON 9:18 FAX 760 777 7107 La Quinta, City Clerk ri Attachment 4 I CITY OF LA QUINTA APPLICATION TO SERVE ON CITY OF LA QUINTA CITY CLERK'S OFFICE LA QUINTA PLANNING COMMISSION NAME: R o'y-� -A ,-'b N- S f G p a HOME ADDRESS: _ "Ai 0 `{ © M R R%. van 6 A C i, C A C(2 Z S (Must be a La Quinta resident and eligible to vote in the City" TELEPHONE: (HOME)-1-A I - SSS '11 BUSINESS: -1-1 4 0 EMAIL: (Z o N NA ©� . Ca ._FAX: `Cl �'v S `4 BUSINESS ADDRESS . �F fk `1 43 C, -T &I � e2 Sv PD N .D IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD �_ o w 6 � D IZy 16'S `?FIA2MPC YV1AN C-V� �T LENGTH OF RESIDENCE IN LA QUINTA: HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? O Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. C Q, 72 w 06/13/2005 MON 9:18 FAX 760 777 7107 La Quinta, City Clerk �003/005 APPLICATION, PLANNING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission. What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or prob(ems? What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? cum PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-496 CALLS TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 50 273 Attachment 4 J R[RE89E 1 14, 2=60 V 2005 JUN 16 Pn 3 55 CITY OF LA QUINTA APPLICATION TO SERATY OF LA QUINTA ON CITY CLERK'S OFFICE LA QUINTA PLANNING COMMISSION NAME: MIChe11fleIcibV -1 I'1y HOME ADDRESS: � W\TT ie! tTn 04't� SOk L�oj 225 3 . (Must be a La Quinta resident and eligible to vote in the City.) (-+uo� TELEPHONE: (HOME) �5V LI 11' 762- BUSINESS: EMAIL: te- v1 vi I S QT 40 (• COOT FAX/moo) v5U4 BUSINESS ADDRESS IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD Zk LENGTH OF RESIDENCE IN LA QUINTA: 3 V tZS —T HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION?� Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. jn-Po�iTic-0t1 SLAeo csz tj(,'j Ott- o N YY)l► -Pa u n of Vt&u QQA I I- V Lr I 1 1dt — se1Lv i e) Yhy `PU es . Ut y 2Y1ot V vvl,.Q V42 Ar v 1J WA , I PV L)nal m\/ sQ 11= Cyn Illi no'1 f'w oet'LiU eAS An >AAStl N M Sena-Ilt- (20 S.QI'1A-211 S St12ye uNrv\ts nd.Qp'Ok •mmotTion aP 2+,000 sruoLgnrs) _ Not- only wAs i .e La-vol , VXr I WAS ©rQ_ cy ` tKO Irt - i)ye e.(o C tA tV-v►r mac ")t- �I d fro G-ca�_ SyI3 n , btlr v_&4 el S"TLiinr-althuvv I S2t2vPc:( os e\ S.QrlATD(L y 4 roy' ')wmn4 ciHai9 r l^^A -I1A 0 eiOnV? Ivnm S W I I I oo 10M.,11/AtAiY\ /n,vwu'n 01) -- I. 1" iAn . AAA (\ncn UVQ% 'tsU7j�t on . i pan fv(rub - ' fug - e(�c�'v r1 att -4zk ko1 0( my syphft-)o 1,06Vc Y7B-p1QrV(A_ LA\1 'WA 'klt*AV I SelQvvrl otc -w i�r40P`1nm ¢buoS (k I l&AS a1Sa j( vcOk' /il 01) VM n M1)17 rnInl AL-'wQk\1 k% ` tWW6\x_ wMx" - MAV\y ' QA Irtvmbf�L. -moo ti i?V . C. Cty o'r - L-a o' U I r117i ) ' l' 'X K%1` -TN ow ' )I N) tmr Ill C\%f rA i -w vkSt- 6 1w "")f urNa II'l4I ' Out" • It \S ji'Y1 OCA7At . yovn�el2 ►mourn �( ti�tl s C crnm� n 1 y ' .j . '. - c� iol-��11p ? -e l�T �o i r i< � +VAfi i " o1 Wit- c ire � Pi �� fh'-Afi L' 1n1U (wry OIL-.U. 4 iL0 i P U-cvchrr' 1Wh 0rl ��' ev UVV_roli2�� iS miSSlr Is Volu '� -tu My t AAkk PL C AZ � l tii n is I coin vDe-. n f�wsri,►1 - G1T%: j /Ow i2Vl. nw ar>,erwni1 th �S s1`7�o�1 w 111 &1/16n-'Q -to J . evale)p f G4i"(,vV t Poe X0 act% 27 APPLICATION, PLANNING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission. AS fzyMs i LhW comm ms o n np 1_0\ aykm eves w� 01v� %M` �Sip (S cmxL 0—� �Pb%ciyms k ok k d out � n :iw `-PV\k1)n1rV\ 1 u\'mo La o� & La Vince `Tly\i von o v J�10�i f)"I n i n fkP a1Ili Jf'►�1�1�� � At cC 0AS:A,az- Q v� �.��QI duets, u:yUA\-) s\ohs aP ngVJ MQA0QffiQVATS y GAW-Q-y oft c\Mkkac N1Gm1'1tno'1 G11ovisS. What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? LDS Umm hOIS Hen (wxo ne- AN +-cAsvSs:T 6,\\a0w\(\!n omman,IT-US oF 11tP�-e�T'. 1t- iS irm��t��rn�t t Je lonr�Q �t st�y ic�S t� �r,o►�_ o r�� ���t-h . � �`omrniSsion o� � to � I ,r �� � \0 l yt� jo t1,-Aintuss aF La (v j nM JA J i �q irn-\VDA k)Ci n4 VU L,,,� _, y-z�fct-S --tb U VWA in VeAh' t1rLk0 tS "off 1b 2��2UQ� d2...fyoll �ymii' P t1 �11 G+ t 1�s N�n Picp/c Gj i.P`Mfi x I Y What eci is attitudes, ski an /or eat ertis do you think you have which would enhance the work of the La Quinta Planning Commission? sznLy ina G,nyn6n s, [ )cn rYli"fj"g 3( Q OSS frl� I►n�( z" I en ir)S/ LAJ V r� VVA yu i Z 0 Q , c -T Gy () 'cae p.Q srn L4 L5P t C (din nn- n [N 1— I am n p2r7r af. I 'Am srN04 film is Yarnw i Uzi1 brr7'100 �-,h i oar s flu� pmSnocTv-eg —1 this C,mrniss i eml y if � hem" Ll �Gt%Mdt MyO �omthvn� i2�o�tt 1S PLEASE RETURN THIS APPLICATION TO: C^ CAr) ► fi- ZW-n wm�-& tdith CITY CLERK �� Th �ovS bad � ound _ Ii- is 'of-i�t;l � qSR. L0 S iS C� S P. 0. BOX 1504 �I� cectm r� vvtj_ 1-0o 6SeV111G1t L� �p v 78-496 CALLE TAMPICO Olt'l�ttnQQ_ �t -ea Z1 1W vo-CIAvr-t11 vT,j ? n stio�e ua well LA QUINTA, CA 92253 (ji ► 'Jod e2nn lfi t ds,vq-I TTHANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL G0VERNM NT 1� 52 Resume f: MICH ELLE H E I D B R I N K ACADEMIC & POLITICAL ACHIEVEMENTS: Currently: Just graduated (May 2005) with a double major from the University of New Mexico, Political Science and Pre -law Philosophy • "Who's Who" among students in American Colleges and Universities, Spring 2004 • Dean's List at UNM • Elected to and served on the University of New Mexico's Senate from Fall 2002 — Spring 2004 (20 Senators represent the 24,000 undergraduate student body, making legislative decisions, just as any state or national senate does) • Elected Steering & Rules Committee Chairperson for two terms • Founder and member of various Senate Ad -Hoc Committees, including: Recycling, September 11°t Vigil/Remembrance, Spirit and Pep Rally • Served on UNM's Athletic Council (a joint Committee consisting of regent members, faculty members, athletic directors, and undergraduate and graduate students), Fall 2002 — Spring 2004 • Served on UNM's Student Athlete Advisory Committee (SAAC), Spring 2002 — Spring 2004 • Member, Vice President, and Membership Chair of Mortar Board Senior Honor Leadership Society, Maia Chapter (Pi Sigma Alpha), Fall 2004 — Spring 2005 • Member of the College Republicans at UNM High school. Graduated in Spring 2001 from the Weil Tennis Academy & College Preparatory School in Ojai, California; attended Chadwick School in Palos Verdes, California from Kindergarten through 10th grade ATHLETIC ACHIEVEMENTS: Was on a full tennis scholarship for four years for the Lobos at the University of New Mexico, playing singles and doubles; ranked as high as 24 nationally (Division 1) • Named "Player of the Week," Mountain West Conference, April 22, 2004 • Ended four years of playing for UNM with a 166 — 85 win -loss record for the year while maintaining a balance of 18 credit hours of classes per semester and holding leadership positions on campus • Regionally ranked in the Top 25 in singles, 2003 • Regionally ranked in the Top 15 in doubles, 2004/2005 • Named Most Improved Player on UNM Women's Tennis Team twice: Fall 2002 — Spring 2003, as well as Fall 2003 — Spring 2004 • Named to the Mountain West Conference "All Conference Doubles Team," Spring 2003 • Named to the Mountain West Conference "All Conference Singles Team," Spring 2004 • Named to the Mountain West Conference "All Conference Singles Team" and "All Conference Doubles Team," Spring 2005 • Helped the Lobos win their first Mountain West Conference Regular Season Title in the history of UNM • Member of the Mountain West Conference Academic Team all four years at UNM 50315 Via Puesta Del Sol, La Quinta, CA 92253 (760) 564-1432 tennisgt@aol.com 53 • Broke (and currently holds) UNM's All -Time Record for most Career Doubles Wins with 87 wins • Number 5 on UNM's All -Time Record Career Wins with 167 wins • Received UNM's team "Spirit" Award — voted by coaches and teammates for enthusiasm and positive outlook on the season, Spring 2005 • Participated in the team NCAA Championships and the Team Indoor NCAA Championships; participated in singles and doubles at the ITA Regionals all four years at UNM Spring 2004, at UNM: Had a $10,000 Grant named in my honor As a junior. Ranked in the top 100 nationally by the United States Tennis Association (USTA), and in the top 20 by the Southern California Tennis Association (SCTA). Competed at the national and international level. WORK EXPERIENCE: 1 Worked at the prestigious Riviera Country Club in Pacific Palisades, California teaching tennis to juniors, Summer 2001 Interned with the GOP on the Bush/Cheney 2004 Campaign in Albuquerque, New Mexico. Learned, experienced, and was exposed to a great deal of campaign politics under the supervision of Ken Spain, the New Mexico Communications Director • Set up radio interviews for Bush/Cheney spokespeople on radio stations across the state • Monitored the local Albuquerque media daily by watching and writing News Updates on the three main Albuquerque News Channels (KOAT, KOB, and KRQE) • Called media sources to remind them to cover many of the Bush/Cheney events that the campaign hosted in New Mexico • Logged information into the database • Ran errands • Called volunteers and Bush supporters • Volunteered at various events that the campaign held in New Mexico, including President Bush's final visit to Albuquerque the night before Election Day 50315 Via Puesta Del Sol, La Quinta, CA 92253 (760) 564-1432 tennisgt@aol.com 27/ 54 America Online 9.0 Security Edition SE brought to you by Hewlett-Packard - [Lobo thrives on, off c... 4X DAILY LOBO UNIVLRS1'IY 01: NEW MEXICO THE INDEPENDENT STCDENT NEWSPAPER .SINGE 181i Qewent Imrn Meadow, 3neemaY 14, 2Ne UNM tennis player balances stream of activities, including an ASUNM Senate seat By * thw SSmorii Published: Friday, February 14, 2003 The Manhattan nesa uasmr: seemia 1511141MM 'CLICK Beach, Calif., native, Michelle Hsiabriotis The No. 3vio&splayer anwe j who is pursuing a @1Mwamedstames tease. s+sw.rrasws.�.sj double major in picoless '�"0"Yjiji°- ig,wt�.w.{;] 11fl 9vweN] �1tiaNel.='asrlt�] Daily Lobo - Sports Issue: 2/14/03 Lobo thrives on, off court By Arthur Simoni Sophomore Michelle Heidbrink is a busy woman. A student -athlete in every sense, Heidbrink is the No. 3 singles tennis player on the UNM women's team and a senator for ASUNM. The Manhattan Beach, Calif., native, who is pursuing a double major in political science and philosophy, said she first picked up a tennis racket at the age of eight. "I just got out on the court and decided that it was the sport I wanted to play," Heidbrink said. She excelled in tennis and said the competition level rose when she got to the 12- and 14-year-old divisions. At 15, Heidbrink enrolled in the Weil Tennis Academy in Ojai, Calif. � t7 55 "When I'm on the court, I'm representing UNM," Heidbrink said. "And when I'm in the senate, I'm trying to help my peers." Heidbrink and the UNM women's tennis team are on the road this weekend, facing Boise State University on Friday, and Washington State University on Saturday. The Lobos' next home match is Feb. 21, against Denver University, at the Lobo Tennis Club. 56 Attachment 4 K REINED 2005 JUN 16 PM 3 23 CITY OF LA QUINTA UINTA APPLICATION TO SE8W LE K' QOFFIC ON CLERK'S OFFICE LA QUINTA PLANNING COMMISSION HOME ADDRESS: /cV— F3 _U[ ) L_ (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME)f 6 O — BUSINESS: EMAIL. LjA)/n Dtzr;7n&4SI\j- ��e M FAX: LA _.A& y0D Ij/ BUSINESS ADDRESS A IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD 124m a=12d LENGTH OF RESIDENCE IN LA QUINTA: 12 V a A, HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? `j Cl� 1 C� Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. 57 APPLICATION, PLANNING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission. Qf Ned What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? 4-) � What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 58 ftf1YCU CITY OF LA QUINTA APPLICATION TO SERVE 2005 JUN 16 PM 3 12 ON LA QUINTA PLANNING COMMISSION CITY OF LA QUINTA CITY CLERK'S OFFICE NAME: GROVER `DUTCH' DILSAVER HOME ADDRESS: 78835 DULCE DEL MAR LA QUINTA, CAL 92253 TELEPHONE: (HOME) 760 771-1731 BUSINESS NONE EMAIL: DUTCHANDDEE@MSN.COM FAX WILL PROVIDE RETIRED LENGTH OF RESIDENCE IN LA QUINTA 12 YEARS HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION YES 10+ RESUME: BA WHITTIER COLLEGE, MS EDUCATION USC, CPCU, CLU, PAST PRESIDENT LA CHAPTER CPCU, TEACHER AND PRINCIPAL-MONTEBELLO UNIFIED SCHOOL DISTRICT, AGENCY DIRECTOR STATE FARM INSURANCE COMPANIES, ACTIVE IN THOUSAND OAKS PLANNING COMMISSION MEETING, LECTURER ST. FRANCIS ASSISI CATHOLIC CHURCH -LA QUINTA, LAKE COMMITTEE CHAIRMEN -LAKE LAQUINTA '94-'98, LAKE LAQUINTA LIAISON SPEAKER AND CONTACT PERSON WITH CITY COUNCIL, PLANNING COMMISSION AND COMMUNITY DEVELOPMENT 1994-2005, RETIRED FROM STATE FARM INSURANCE COMPANIES JANUARY 1995. t7 ti 59 APPLICATION, PLANNING COMMISSION PAGE 2 DESCRIBE YOUR KNOWLEDGE OF THE FUNCTIONS, REGULATIONS, AND PROCEDURES OF THE LA QUINTA PLANNING COMMISSION: ADVISORY TO CITY COUNCIL WITH PROJECT APPROVAL AND/OR IF PROJECT NOT SATISFACTORY REFER TO STAFF OR DEVELOPER FOR FURTHER CLARIFICATION OR CHANGES. ALL DEVELOPMENT PLANS TO FALL IN SCOPE OF GENERAL PLAN, BUILDING CODE. I WAS FORTUNATE TO HAVE RESEARCHED, ATTENDED AND ADDRESSED COMMUNITY DEVELOPMENT, THE PLANNING COMMISSION AND THE CITY COUNCIL ON THE FOLLOWING ISSUES: 1. DEVELOPMENT OF WASHINGTON AND 11 I AMBIANCE 2. ENTRY MONUMENTS ON I I I AT INDIAN WELLS AND INDIO 3. PROPOSED GOLF DRIVING RANGE AT ADAMS AND 48TH 4. OBELISK STREET SIGNS 5. AUTO MALL INITIALLY AND AT THE PLANNING COMMISSION 2005 MEETING 6. SPANOS APARTMENT PROJECT ADAMS AND 47TH 7. OMRI AND BONI RESTAURANT ON WASHINGTON 8. SOUTHERN CALIFORNIA PRESBYTERIAN HOMES PROJECT 9. 700' WALL AND BERM-DULCE DEL MAR, LAKE LAQUINTA I HAVE HAD THE GOOD FORTUNE TO WORK WITH MAYORS PENA AND ADOLPH, JERRY HERMAN AND OSCAR ORCI CITY OF LA QUINTA AS WELL AS BEN BECKLER OF PREBYTERIAN AND OMRI AND BONI ON THESE ISSUES. I AM NOT AWARE OF ANY PROBLEMS FACING THE PLANNING COMMISSION. MY ONLY COMMENT WOULD BE TO BALANCE THE IMPUT OF NEW PROJECTS FOR COMPATIBILITY WITH THE EXISTING COMMUNITY I WAS A JOUNEYMAN AND FINSHED CARPENTER OUT OF MONTEBELLO LOCAL 1497. I HAD THE GOOD FORTUNE TO DRAFT PLANS FOR MY FIRST HOME, PROCURE THE BUILDING PERMIT AND CONSTRUCT MY FIRST HOME FROM BATTER BOARDS, FOOTINGS, THRU THE RIDGE AND ALL FINISH CARPENTRY. I HAD THE GOOD FORTUNE OF BEING MY OWN GENERAL CONTRACTOR ON MY 3200 SQ. FT. HOME ON THE WATER AT LAKE LA QUINTA., WORKING WITH THE CITY ON PLAN CHECK, BUILDING PERMITS, SUB CONTRACTORS CREDENTIALS ETC., WITH NOTICE OF COMPLETION MARCH 16, 1994. GROVER `DUTCH' DILSAVER 283 60 06/01/2005 WED 10:09 FAX 760 777 7107 La Quinta, City Clerk Attachment 4 L Date: 4 ? 6 CITY OF LA QUINTA APPLICATION TO SERVE ON IAA QUINTA PLANNING COMMISSION NAME: _ 4 HOME ADDRESS: `�vb,'o L,µ. (Must be a La Quinta resident and ellgible to vote in the City) TELEPHONE: (HOME).. 1=4013 BUSINESS: _ % % r/3/ 2- EMAIL: /_L I y02!:!7 FAX: BUSINESS ADDRESS k/-Z2j"���`� Z IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD LENGTH OF RESIDENCE IN LA QUINTA: �j VCr'&�-' HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. 34 61 06/01/2005 WED 10:07 FAX 760 777 7107 La Quinta, City Clerk APPLICATION, PLANNING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission. Planning commissions are established by California, Law. PC's are the land use & zoning. Commissioner body that reviews recommends to city councils how a city will build and grow. What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? Growth and the demands on staff and the communities. La Quinta must balance its growth with the realities of traffic and zoning. More growth creates potentially more problems. As more projects come to La Quinta, the planning commission will have to be more creative in problem solving. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? I have been a business owner and homeowner in La Quinta for the past 8 years. I am a _ General Contractor licensed in the City of La Quinta and have built 15 or more upscale homes. This process has put me in close touch with all of the permitting process, planning, environmental concerns and related matters. I currently have major development projects in the Salton Sea area and in the State of Arizona. We are working very closely with Land Use and Zoning Committee. All of this has equipped me uniquely to deal with planning matters, zoning and related in an effective manner. — PLEASE RETURN THIS APPLICATION TO; CITY CLERK P. 0. BOX 1504 78-496 CALLS TAMPICO I -A QUINTA, CA 92253 r THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 62 Atlantis Investment Group, Inc CA /Atlantis Design Group Inc. Arizona General Contractor CA. LICENCE # 799746 ARIZONA LICENCE # ROC198784 ARTHUR LAMBROSE 51-105 AVENIDA VILLA STE. # 202 LA QUINTA, CA. 92253 760-777-1312 office 760-777-1314 fax EDUCATION. * Bilingual (English /Spanish) 812000 CONTRACTORS STATE LICENCE SCHOOL (B-1) GENERAL CONTRACTOR LICENCE (CALIFORNIA & ARIZONA) SPRING /2000 COLLEGE OF THE DESERT PALM DESERT CA. CALIFORNIA BUILDING CODE (1997 U.B.C.) 9199 OSHA CERTIFIED CONSTRUCTION SAFETY& HEALTH 11190-5191 PALM SPRINGS POLICE OFFICER TRAINING CENTER P.O.S. T. (POLICE OFFICERS STANDARD TRAINING) 9189-11190 COLLEGE OF THE DESERT, PALM DESERT, CA. POWERS OF ARREST/ FIRE ARMS SAFETY 3/88 -948 MUIR COLLEGE, PALM DESERT, CA. COMPUTER SCIENCE/ACCOUNTING PROFESSIONAL CREDENTIALS: 2/28102 Present Atlantis Investment Group, Inc. California Atlantis Design Group Inc. Arizona GENERAL CONTRACTOR / PRISIDENT BUILDING RESIDENTIAL CUSTOM HOMES FOR SPEC. AND PRIVATE INDIVIDUALS (35 SPECS AND 5 PRIVATE RESIDENCES UNDER CONTRACT IN CA.) (25 SPECS UNDER CONTRACT INARIZONA) REMODELS AND INSURANCE WORK FOR MULTIPLE APARTMENT COMPLEXS AND PRIVATE RESIDENCES. 9/26✓01-2/I5/02 RANCHO CAPISTRANO DES :CORP. CONSTRUCTIONMANAGER VILLA MODEL COMPLEX AT COUNTRY CLUB OF THE DESERT (START UPON MODELS) 11115100-9/6✓01 ROYCE INTERNATIONAL INVESTMENT INC. VILLA PORTOFINO PROJECT MANANGER VICE PRESIDENT OF CONSTRUCTION STATE OF THEART LUXERYSENOIR LIVING DEVELOPMENT t)90 a, (COMPLETE START UP OF COMPANYAND 8 MODELS) 4115100-10130100 DEL WEBB CORPORATION, SUN CITY PALM DESERT HOUSING SUPERINTENDENT, PRODUCTION HOMES 92 DAYDELIVERY OF 45 + UNITS PER PHASE RECEIPTIENT OF TCSAWARDS, BRONZE & SILVER (OVER 100 UNITS COMPLETED ONSCK) 4/98- 3126199 VALENTINE CONSTRUCTION INC. PALM DESERT CA. PROJECT SUPERINTENDENT CONSTRUCTION DEFECTS I REMODELS (COMPLETED 25 BUILDINGS AHEAD OF PUBLISHED SCHEDULE) Rd 2-S7 Attachment 4 M �n CITY OF LA QUINTA APPLICATION TO SERVE/���� ,►� ON / 5 LA QUINTA PLANNING COMMISSION NAME: JASOIJ P-TCKEY HOME ADDRESS: `17 Io /t, VIA fi I-ov D (Must be a La Quinta resident and TELEPHONE: (HOME) 160• a37 . QJ 9V BUSINESS: 760, .3 �5. SSOS EMAIL:jASON @ F"16C PW1D> Sr:_T• COM FAX: 760. d oo .. Y169 BUSINESS ADDRESS g3Vco WA,04a %AIL V LM U saT (-A yawl IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD 6KST BAPT,,T CHV90 - S EN/04 P, S LENGTH OF RESIDENCE IN LA QUINTA: ,3 Yco_S HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? ,§75 Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. busl"I"s OwNof__ )r*_ 10 y05 — SMvtD ON BobPD & Z)1PECanes /-o-L CqA17gqP_ N'C0 ,7ejCE . V& Qn/ RAVA/lAic CArr,,7rccia,v FAIVA(I n( r4vA(7Y i/V 65 APPLICATION, PLANNING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning n. _ �j� �, -� %� V� CommisN'N]tSTAVt!Nq % y Of % ! LA'NAt- N4' Gan�i Lion/ �� / 144 T H/S f-f yE - / /"6e /CAM l R-DVibCS OVaSiGH7 Arip RF(otigelvP,47�oy.s :j TN0- (/7y l 6V40L &AlDltuG- ::Z�c BUILD -L- Aw) 1.6/Y<,C6, Or oui C/7YS 1A(, G' f LA/V" What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? LsC1rlC —IS SJCS A OB w^1 S Odd-P r CONT/NI)AL. l/f-W00POB,y7 Vjr� l/V2 ExIST(n; G NFQAS7-kuc7v2C WODIL) y TC 7 P oCukel r 6L 76� I- WA7a- P-M7hrN� rCiclyltS , Ewe Y��AiNAG�� 14ull3 FTC —SVGGWSJ/ n%s Wolap BE Tp E VALVA7C /oNAI, X47/o TN47 r pp We 0 L T � S� Ow % a-&sc _ razq of && -TNV,- What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? / A RS7ok -T/y VvQ T o A f,ia y Acc, izuze FULSC b M r CJF ANY f .AH/G/mil ��✓ Ofk CoCl�yNljy. 1` 4AWC A - ,4iy1J5-01Y L&QiAltJ04C 6r /Ng GhsuNSVS VF Tltr 1ptF' ' 1 N f<ppa/Dnl L MAye' A Dre TN Ta&-,sr TA, Tldfi- 1Dek,, t-o 1,7e- %T Of LA QurNrX . As MLE, AS P&KD_TVALCY 7NC2P-&/N4' lit DU,4/71v 0,,C- (/U/ iFts7Y, wt- IN i, r " G AI ,,gf- Ala7. WouLD l86,96uoltf 14PP 6-c1ATs5:- AA/ T N le)e-V f,Fl✓ PLEASE RETURN THIS APPLICATION TO: %4P VAwCF , CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 6 G REPORT/INFORMATIONAL ITEM: Tiht 4 464ur«rw COMMUNITY SERVICES COMMISSION MINUTES June 13, 2005 CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 7:03 p.m. in the Study Session Room of the La Quinta Civic Center. Commissioner St. Johns presided over the meeting. Cultural Arts Commissioner Gassman led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Ed Hackney Commissioner Bob Leidner Commissioner Victoria St. Johns Commissioner Mark Weber STAFF PRESENT: 0odie Horvitz, Community Services Director Christy Kerry, Community Services Secretary GUESTS PRESENT: Andrea Gassman, Cultural Arts Commissioner Tim Batten, Maintenance Foreman; Public Works Kristin Riesgo, Recreation Supervisor; Community Services Department Robert Ambriz Jr., Recreation Supervisor; Community Services Department Gary Duncan, Commissioner for PDLQ JAAFSC (Palm Desert La Quinta Junior All -American Football of Southern California) Bryan Riek, President of Desert Storm Baseball Edie Brito, Vice President of LQSYA (La Quinta Sports and Youth Association) Nathan Dunn, Boys Commissioner II for LQSYA (La Quinta Sports and Youth Association) John VanDriel, Commissioner for LQAYSO (La Quinta Accredited Youth Soccer Organization) Jaime Nunez, Assistant Commissioner for LQAYSO (La Quinta American Youth Soccer Organization) ► - wg Community Services Commission Minutes Rich Jano, Vice President of PDLQ Football (Palm Desert La Quinta) Stephan Wolkowicz, President of FC La Quinta (youth soccer) and Vice President of Palm Springs Soccer Club II. PUBLIC COMMENT —None III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of May 9, 2005 Minutes B. Monthly Department Report for April 2005 Commissioner St. Johns noted a minor error in the minutes of May 9, 2005. Page nine of the Commission packet shows that Kay Wolff was the principal of a Desert Sands School, but in fact she was a vice principal for Truman Elementary. It was moved by Commissioners Leidner/Hackney to approve the Consent Calendar with noted change. Unanimous. V. PUBLIC HEARING - NONE VI. BUSINESS ITEMS A. Facility Use Policy Update — Director Horvitz gave a brief overview of current facility use policies noting that the last update to the policies was on August 19, 2003. Since this last update, staff stated three items exist which warrant modification to the Facility Use Policies which are: The new library facility, expanded use of City fields by competitive teams and clarification needed of existing policies. Staff stated that facility deposit fees have not risen in ten years. In regards to community use of the athletic fields, we are the only City that doesn't charge for use or for lights for competitive and league play. Director Horvitz reviewed the recommendation to change "working" to a- J1 _ 00, Community Services Commission Minutes "calendar" days as listed in Section A of the Facility Use Policies. After some discussion between the Commissioners, Commissioner Hackney asked staff to clarify whether or not this change will make it more lenient for residents. Staff said that it would. Commissioner Leidner asked staff what would happen if the deadline falls on a weekend. Staff said that it would be taken into consideration for the deposit refund. It was moved by Commissioners Hackney/Leidner to accept staff's recommendation as proposed. Unanimous. The next topic for the Commissions consideration is in regards to cancellation fees. Staff stated that currently cancellations result in a loss of fifty percent of the rental fees if the cancellation occurs between fifteen and thirty days from the rental date. One hundred percent of the deposit is charged if the cancellation occurs within fourteen days of the rental date. Staff is proposing that the cancellation fees come out of the deposit rather than the rental fees. Everyone who rents a facility would have the same deposit fee, therefore, there would be a flat fee of fifty percent or one hundred percent of the deposit charged based on the cancellation date. Commissioner Leidner said this seems like a fair change. Commissioner Hackney asked staff how often it happens that someone is charged a cancellation fee. Mr. Ambriz stated that over the course of a year, this would affect ten to twenty percent of the reservations. Additionally, Mr. Ambriz stated the deposits that are collected are refundable so the revenue for the City is not affected. Commissioner Weber arrives at 7:12 PM. The proposed change would be equitable for both parties. Additionally, the City collects both the deposit and all fees upfront from the �?C;3 Community Services Commission Minutes renter so the risk of having to go to small claims court to collect any fees is zero. Commissioner Hackney said this arrangement would be both equitable and liberal to the public. It was moved by Commissioners Leidner/Hackney to accept staff's recommendation as proposed. Unanimous. The next item discussed was concerning the new rental facilities that will be available to the public once the library opens. Staff stated that currently the multi -purpose room at the Senior Center has a capacity of two -hundred people. The new library facilities will have a capacity of two -hundred and forty people. Additionally, the community room at the library will hold eighty-six people. Both facilities are comparable in size. Staff is proposing the rental fee for the multi -purpose room at the library be set to the same rate that is currently established for the Senior Center multi- purpose room. Further, staff is also recommending the rental rate for the community room at the library be established at a rate of five dollars lower than the multi -purpose room. Commissioner Leidner asked Director Horvitz if the staff and volunteer rate would be the same at both the library and the Senior Center. Director Horvitz said that they would be the same. Commissioner Weber asked staff about security. Staff said that security is an entirely different issue and varies on a case -by -case basis based upon a number of factors such as if there will be alcohol served or how many people will be attending the function. Director Horvitz stated that essentially all factors including staff, utilities and overhead are projected to be the same for the library as they are for the Senior Center. Commissioner Leidner said that since the library is not open yet, they must be dependant on historical situations as the basis of their decision. Commissioner Leidner also stated that if nothing else, this can be changed A- � 3 Community Services Commission Minutes next year if the situation necessitates it once the library opens. It was moved by Commissioners Leidner/Weber to accept staff's recommendation as proposed. Unanimous. The next item for discussion is the recommendation from staff to raise the rental deposit for the Senior Center. Staff pointed out the deposit amount has been three hundred dollars since 1995. Commissioner Hackney asked if this increase might possibly exclude anyone from being able to rent a facility. Mr. Ambriz said that to his knowledge, the deposit has never been a factor in anyone being able to, or not being able to secure a rental. Commissioner Leidner asked if the reason for the increase was because the current amount of three hundred dollars was deficient when it was needed to be used. Director Horvitz said that on several occasions, staff has come close to using all funds from the rental deposit. Director Horvitz said that the curfew is a consistent problem with renters. In some cases a party is still going strong when the rental period comes to a close and the renters decide to forfeit their deposit so the party can continue. Once the decision to forfeit the deposit has been made, the renters do not make an effort to clean up because they already gave up their deposit. Director Horvitz said she feels the deposit needs to be higher to cover the fees. Commissioner St. Johns said there is something to be said for the fact this deposit fee has not changed since 1995. It was moved by Commissioners Hackney/Leidner to accept staff's recommendation as proposed. Unanimous. Staff informed the Commission that there have been several requests made for the use of the sound system at the Senior Center. In light of this, staff is recommending to the Commission that renters are allowed the use of the sound system at a rate of twenty-five to thirty-five dollars based on the renter's class as outlined in the Facility Use Fee Schedule. Commissioner Leidner asked if the sound system is set up by City staff. Mr. ti.94 Community Services Commission Minutes Ambriz said that City staff is in charge of handling this. It was moved by Commissioners Leidner/Hackney to accept staff's recommendation as proposed. Unanimous. Page nineteen of the Commission packet suggests increasing the fee for inflatable amenities. Staff is proposing this increase only affect class IV residents (non La Quinta residents). Further, staff explained this increase is in keeping with other fees charged to other categories. However, it is staff's recommendation to keep the deposit the same. Commissioner Leidner asked staff what the percentage of resident versus non-resident rentals is. Mr. Ambriz stated the percentage is approximately fifty percent for each class. Commissioner Leidner stated that he didn't want to discourage non-residents from renting the parks and felt that a minor fee increase was in order but only as long as it was not substantial. Commissioner Leidner asked how proof of residency is established. Staff stated that this is done when the applicant signs the paperwork for the rental. The refund of the deposit is mailed to the address that is written on the paperwork so it is in the best interest of the renter to use a correct address. It was moved by Commissioners Weber/Leidner to accept staff's recommendation as proposed. Unanimous. Director Horvitz provided the Commission with a brief overview of the current policies for community use of athletic fields. It was explained that there has been a significant increase in travel and competitive teams utilizing the fields. Staff explained the difference between a recreational and competitive team lies in the fact that with a recreational team, the coach is required to accept all players without regard for their athletic ability whereas a competitive team may require tryouts and some children may be turned away. 0f,r6 Community Services Commission Minutes Director Horvitz went on to explain that scheduling teams has become increasingly difficult and minor problems have arisen when a scheduled team arrived on the field but found they were unable to utilize it because others were already occupying the field. Director Horvitz stated that it is not uncommon for competitive teams to be charged more for the park rental because that rental is not benefiting the community. Further, it is recommended that competitive teams be charged Class II fees. Commissioner Leidner asked if it is the hope of staff to reduce the conflict amongst the teams using the fields. Staff said that is a goal and that if they are required to pay a nominal fee, they would be given entitlement to the field. Staff explained that the field rental and lights would remain free for the recreational leagues. Commissioner Leidner asked if those paying fees would get priority to the fields. Staff said that Class I would get priority over Class II. Staff stated that the recreational teams have not had problems getting on the field. Director Horvitz mentioned to the Commission that all groups using the City's facilities were invited to attend tonight's Commission meeting. Mr. Brian Riek said that he has two travel teams; one falls under a Class I team and the other a Class II. Mr. Riek also mentioned that he has been doing travel ball for three years. He told the Commission that he meets with City staff and the other groups/leagues quarterly and said he is aware that Class I organizations have priority on the fields and he doesn't see the need for the fees. Mr. Riek went on to state that he doesn't agree with staff that there is a big conflict on the fields in regards to usage and entitlement. He said there is bound to be more conflict on the field if in fact fees are charged. Director Horvitz said that the conflict is not about a Class I versus a Class II, but rather it is about who has reserved the field versus who is actually occupying the field. '0 0 7 Community Services Commission Minutes Mrs. Edie Brito stated that if there have been problems with the travel teams, it was simply a result of miscommunication between the teams. Their organization tries to take care of any conflict that arises internally. Mr. Riek said that he represents the only Class II organization in the room. However, Mr. Stephen Wolkowicz stated that he represents a travel team as well. Staff noted that if a group went to Coachella Valley Parks and Recreation District wanting to use a field for travel teams, they would pay fees. Commissioner Hackney asked if the fees proposed are consistent with neighboring cities to which staff replied they are. The Commission asked guests for a discussion on the fees as proposed by staff. Mr. Wolkowicz asked staff to explain the difference between a Class II and a Class III. Staff replied that if a La Quinta family wanted to use the fields for a family reunion, for example, they would be considered a Class III. Cultural Arts Commissioner Gassman asked how many games are typically played in a year. Mr. Riek provided the number and Commissioner Hackney did the calculations to see what the annual cost to his organization would be. Commissioner Hackney said the total was three thousand eight hundred dollars annually for field rental. Mr. Riek said that his organization is already funded by the parents who currently pay one hundred dollars a month plus any hotel expenses they might incur while the team is playing out of town. Commissioner Leidner asked Mr. Riek to estimate the increase as it will pertain to the parents. Mr. Riek said he has eleven players per team and they would each be absorbing three hundred and twenty dollars a month. Commissioner Weber asked if traveling teams come to La Quinta to play any games. Mr. Riek said no and that they are usually the team going out of town to play. Commissioner Hackney asked if other fees are paid out. Mr. Riek said yes, when there is a tournament, they are required to pay a tournament fee that Community Services Commission Minutes has a four game minimum and includes the balls, umpires etc.. Commissioner Weber asked about electrical usage for night games. Mr. Riek said they do use the fields at night. Director Horvitz reminded the Commission that the current fees were established in 1995. Staff explained that the residents of La Quinta pay $95,000 a year per complex for maintenance and electricity. It has been the intent of the City Council to pay these fees but too many specialized teams are coming to La Quinta at the expense of the residents. Director Horvitz said this proposed fee change is completely in keeping with the standard set by cities elsewhere. Further, La Quinta residents are being excluded by some teams because they don't qualify (skill -wise). Mr. Wolkowicz said that as the City grows, the type of athlete grows with it as well. Some children are in fact superior in their skills and need to get into competitive leagues to advance their skills. This is a natural progression. Mr. Riek said that at least seventy-five percent of both of his teams are from La Quinta. It was moved by Commissioners Weber/Leidner to accept staff's recommendation as proposed. Commissioner Hackney voted against this recommendation. Staff explained to the Commission that the City provides two snack bars for organized sports usage. Last season, the recreational league was not able to utilize the snack bars because they were promised to a competitive league. Staff is recommending that recreation leagues may only manage and use one snack bar per season at either the Sports Complex or at La Quinta Park. Further, the snack bar must be operated and managed by the contracted league; no outside organization may be hired or sub -contracted to conduct snack bar business. Staff said that all profits must go directly to the team and no monies may be paid out as compensation for operating the snack bar. Director Horvitz stated that the competitive teams are required to pay a two hundred dollar equipment replacement fee each season, which in turn goes into a fund to replace the machines as is necessary. 98 r.;19 Community Services Commission Minutes Commissioner Weber clarified that the "organization of the season" will always get first choice. For example, if it is baseball season, they will have the first option to operate the snack bar. Commissioner Leidner asked if the organizations were able to operate two snack bars, would they have to bear the burden of proof and show they will be able to man the second snack bar. Staff said they would need to justify and explain their situation. Commissioner Leidner asked what the process would be if and when a situation should arise where one organization voluntarily declines to operate the snack bar. Mr. Van Driel said that he attends quarterly meetings where they discuss who wants to use the snack bar. All organizations are invited. Cultural Arts Commissioner Gassman asked how the next choice is made. Director Horvitz said that a lottery system is used for the selection. Collectively the organizations said they have not had problems in the past running a snack bar. However, it was mentioned that running two snack bars proved to be difficult. Mr. Jano said that his organization has grown by leaps and bounds and they simply cannot fit onto the middle school field anymore. He said he has been forced to fit nine teams on the baseball diamond. He is left with thirteen and fourteen year old children playing on a twenty to thirty yard field. Mr. Jano further said that he simply cannot fit in nine games at a time at the school and he needs to find a way to get Saturday play at one of the City fields. He has two young teams that need to come and play a couple of games. Commissioner Weber asked if any of the other Desert Sands schools are available. Mr. Jano said they were not. Commissioner Weber mentioned that Desert Sands is struggling with issues similar to what our City is facing. Staff said that it is difficult to accommodate the public with restroom facilities and that it is expensive to pay for a custodian. Further, Director Horvitz said that she has met with the school district but they are not C,10 Community Services Commission Minutes interested in funding this issue. It was moved by Commissioners Hackney/Leidner to accept staff's recommendation as proposed. Unanimous. Director Horvitz said that the City is in keeping with CVRPD and SCMAFF recommendation that all sports tournaments are charged Class IV fees. Staff said that when our teams go to other cities to play, they are paying for the use of fields. Commissioner Weber asked staff how tournaments are defined. Staff replied stating that a tournament is defined when outside teams come to play. Commissioner Leidner clarified that a regular playoff within the league would not be classified as a tournament. Commissioner Leidner asked what the current policy dictates as their class to which staff replied Class I. Mr. Duncan asked how the All Stars would be classified. He stated that sometimes they play at home but other times they play elsewhere and wanted clarification from staff on how he would be classified. He stated that recently he had a one week tournament where he invited other cities to play. As he understands it, because other cities are invited to come and play at City facilities, this puts him in a class IV. Director Horvitz said that by inviting other cities/organizations to play and then charging them an entry fee that puts them in a Class IV category. Staff wanted to know if the All Star team is the number one team that comes out of the league or if instead, the team is hand selected. In response, Mr. Duncan said there are two different types of tournaments. Typically, the first place team out of their recreational league will play against the first and second place teams from Palm Springs. Commissioner Weber asked if there are fees charged for this tournament and Mr. Duncan said no. The other type of tournament is the All Star tournament where the team is made up of players that are selected by the coach. Staff wanted to know if this is outside of the normal league play and Mr. Duncan said yes it is but that it is an extension of the normal league and utilizes the same players who are not charged more money for being on the All Star League. 300 Community Services Commission Minutes Staff said the intent was that recreational leagues would be able to use the facilities without being charged. Director Horvitz said that in regards to the first scenario given by Mr. Duncan, she doesn't see a problem with it because it would involve recreational teams playing each other. In regards to the second situation, staff said this is an eliminated position where students have to have some skills and abilities and they are hand selected to be on the team. Staff said that with this elimination style, you are excluding a large portion of the residents based on their skill and ability. Staff thus concluded this is a tournament. Commissioner Weber asked staff if there are any situations where there is a league tournament that isn't an outgrowth of the regular season; one that doesn't include the kids that were involved in the regular season of Class I activity that got to play in the tournament. Staff said no because there is simply no time on the field for that. Mrs. Brito said she has been involved with league play for eight years and understands that when kids play on a baseball league, there is an expectation from both players and parents that the best teams go and play on the All Stars. In the beginning of the year, the organization has to pay a fee to the PONY organization to join but they also have to pay a fee if they want to host a tournament. If they are required to pay fees to the City as well, the ability to host a tournament is in effect, taken away. Mrs. Brito said that the direct result of this would be that no one will discover the city of La Quinta through baseball. Mrs. Brito said that everyone who signs up for the La Quinta baseball league is allowed to play. In fact, Mrs. Brito said that each child is required to play a minimum of two innings. Then, at the end of the season, there is an end of the season tournament where all the teams in every division play each other through a process of double elimination. This is how they award the first, second and third place standings. Through that process, the coach nominates the best players on the team to try out for the All Star team. Mrs. Brito said that yes, there may be kids that are not qualified to play in the All Stars, but if they were allowed to play, the possibility of injury is great because they wouldn't be playing at the same skill level as the other r. 12 Community Services Commission Minutas players. This is a necessary process to prevent injury and she stated that never before have they been charged a fee. Commissioner Weber agreed there is an expectation for the All Star games. However, he stated that the extra one or two weeks of field space needed may seem small to that one organization, but when combined between the different leagues, all of the sudden, there is an extra month or two when the City is already trying to manage other play time. Commissioner Weber said there's a fine line between eliminating kids by skill from the beginning of the season, which is the process for a tryout team, and putting the best kids who have played as a team from the beginning of the season together for an All Star team. Mr. Riek said that for example in Mr. Wolkowicz's case, if he brings in a team from Palm Springs to practice, they should pay because they are not La Quinta residents. Mr. Riek said he is trying to put their kids into the league under the City name to provide exposure. Although their team is named Desert Storm, they don't advertise it that way. Mr. Riek said the team name is always listed under La Quinta. He said it is a big deal when they go to the World Series and they see teams from all over and in turn they see the La Quinta city name. Commissioner Leidner wanted to know if during the course of an All Star tournament, they playing other leagues outside the City or if it is just the teams within the City. For example, if there are ten different cities participating in the All Star games, are all of these cities hosting games? Mrs. Brito said that with PONY, the answer is yes. Each city hosts a tournament. Commissioner Leidner asked if other cities charge for the use of fields during the tournaments and if so, can anyone cite any examples where that is the case. Director Horvitz said yes, and stated that CVPRD does charge for the field. Commissioner Leidner asked if Palm Desert is being excluded from tournaments because people don't want to pay the fees they are being charged. Mr. Dunn said he is not sure. non J U �13 Community Services Commission Minutes Commissioner Leidner wanted to know again if, during these tournaments and if it involves ten cities, is it equally spread through the ten cities in terms of hosting. Mr. Dunn said no. Director Horvitz pointed out that during tournaments, it is her understanding that PONY does not allow outside food or beverage in the park so the leagues can have a fundraiser by utilizing the snack bar. The sole reason the snack bar is operational during these tournaments is so the teams have an opportunity to raise funds, which in turn offsets the cost of play. Mr. Riek said the challenge in operating the snack bar for fundraising is the fact that there is no way to enforce the "no food or drink" rule. He stated that only in one city, Garden Grove, has there been such a way. When he attended the PONY World Series in Garden Grove, he ssaid there was one gate in and one gate out. This was done specifically so the league could control the access of food and drink going in and out of the field. Without the fencing and gate system, Mr. Riek said there would have been no way to exercise control over what people were bringing into the field which would diminish the effect of utilizing the snack bar for fundraising purposes in the first place. It was moved by Commissioners Leidner/Hackney to accept staff's recommendation as proposed. After some discussion and clarification, Commissioner Hackney amended his motion with the understanding that leagues that fall into Class I not be charged for additional tournaments which include the All -Stars and the playoffs. Further, the Commission rejects the notion of charging the additional tournaments under the Class IV classifications for the existing City run leagues in which entry fees are not charged for the tournaments. The Commission stated however, that if they move towards more of a sponsored type, or fee type of tournament, it would fall under Class IV where they would be charged. Unanimous. B. Conditions of Fields — Director Horvitz said this came up after the packets were mailed so this is not listed on the agenda. At Tuesday's June 7, 2005 City Council meeting, there was public comment regarding the condition of the fields. Staff stated for clarification, Palm Desert/La Quinta football comes to La Quinta in October because Palm Desert starts their overseeding. P-1 4 Community Services Commission Minutes Director Horvitz stated that when staff has brought overseeding to user groups in the past, the consensus was that they wanted to play on brown grass rather than be unable to play at all for six weeks due to overseeding. Staff listed the current issues in regards to the fields as stated by user groups. The first of these is the unevenness of the fields due to gophers. The second is the irrigation at the Sports Complex. Staff stated the City does not regulate the irrigation at school sites. Staff also stated the irrigation personnel of the School District are not in favor of the City taking over the irrigation at the schools. Finally, Director Horvitz said there are currently issues with the La Quinta Park irrigation system and Public Works is currently working on getting those corrected. Staff said those are the issues before the Commission for consideration and whether they would like to close down the fields to provide ample time to perform the maintenance that is necessary. Director Horvitz mentioned the Sports Complex is utilized from seven thirty in the morning until ten o' clock at night, five nights a week and then also on the weekend. Commissioner St. Johns asked for comments. Mr. Dunn said that currently, there is not enough water on the fields at the schools and there is a fire ant problem. Also, the fields need to be fertilized. He said they are just asking the City to work with them so they can go ahead and start these improvements themselves in a safe and effective manner. Mr. Dunn said what they need the most help with is getting through the red tape and said that the baseball league wants to do some improvements to the field by adding quick couplers in all of the dugouts so they can hose down the infield before they play their games. He stressed the point they are not asking the City to do this for them, but rather work with them so they can do the work themselves. Mr. Riek said the Palm Desert fields look so good because parents take care of the field and all that our parks need to look just as good is water, fertilization and aeration to prevent them from starving and dying like they are now. Commissioner Weber asked if 'any of the represented groups present were in IC! 11 C.15 Community Services Commission Mini itas favor of overseeding. Collectively, each represented group said they were not in favor. Mr. Dunn said that overseeding is not the answer and there are more than enough people willing to help if the City would just let them; that will be the solution. Director Horvitz informed the Commission and user groups that the City Council is currently evaluating Lundeen's contract. Right now they are operating a month -to -month basis until it is time to re -bid the landscape contract. At that time, the contract will be split out so the parks are on a separate contract but this will not be done in the timeframe that is needed to get the fields up and running. Staff said that August is the only month to really work on the fields because no one schedules them except for the adult soccer league. Commissioner Weber said that the City may be able to put some pressure on Desert Sands Unified to, be more receptive to the needs of the community. Staff stated that part of the problem with Desert Sands in the past was that the fields were too wet for the school children when they came to school in the morning. Director Horvitz suggested that staff can look into changing out the valves so multiple stations can be watered adding that prioritizing the stations can be used to our benefit. Mr. Riek said that he has seen the irrigation system and timers at the Sports Complex and said that it is a top of the line system so there should be no reason this can't work. Commissioner Weber highlighted some of the issues discussed. La Quinta Park needs to have someone spend some time to make sure it is set up as it should be. The Sports Complex, on the other hand, will need to have some work done to it to bring it up to a standard of being able to maintain it, Mr. Riek stated. Commissioner Weber said that some pressure needs to be put on Desert Sands to help address these issues and they need to know that the user groups have taken the time to come and discuss these with the Commission. They also need to know the user groups are willing to put their time, effort and trained skills into the parks. Further, Commissioner Weber stated that some type of correspondence needs to be sent so they are aware of this. Community Services Commission Minutes Staff stated the City has hired someone who has specific background in turf management, but stated that unfortunately, he hasn't been able to get to all the projects on his plate yet. Commissioner Hackney said that everyone has their hearts in the right place and acknowledged that everyone wants to have the best fields in terms of safety, attractiveness and reliability for the kids to play at. He said he has heard a lot of skills listed from the user groups present and wondered if there was some way to put the skills of the parents together with the City staff. In response to Commissioner Hackney, staff recommended that they meet with the experts present at the evening's meeting to create a list of what is needed along with a timeline and present it to Public Works. Commissioner St. Johns asked when this can be done. Director Horvitz said they can meet next week, get it all lined out and then present it. Commissioner Weber asked if the user groups present can be available in the next couple of weeks and each said yes. Mr. Dunn suggested to the Commission that perhaps each user group can be provided with a map of the fields so when they are onsite, they can circle issues they come across and note any additional issues that need to be relayed to directly to City staff. These can be faxed to the City staff the following day for attention. Staff said the Community Services department is not responsible for the field maintenance but rather acts as a middleman for Public Works. Staff also stated they will take care of whatever problems they know about, but they have to know about it as soon as possible. Commissioner Hackney asked about safety issues at the parks. Mr. Riek said the hinges are set wrong in the dugouts and actually caused a child to go to the hospital with a large gash on his face. He said he called the City a year ago (after the incident) and left a message but nothing has changed. Mr. Riek also said the current fire ants and gopher problem prevalent on the fields is also a safety issue but that both would go away if the fields were watered properly. 1'7 Community Services Commission Mini itas Commissioner St. Johns thanked everyone for the work and effort they have put into the evening and in the past for the parks. Commissioner Weber requested the user groups keep in mind that the costs and fees associated with operating the fields have gone up. However the fees have not increased since 1995. Factor in the fact the population in La Quinta has doubled in that timeframe and it is obvious that the City is not trying to cause problems but rather be proactive. Mr. Van Driel said he is thankful that he is able to come and play at La Quinta Park. Cities like to come and play here and thanked the City for allowing them the opportunity to play; he appreciates it. VII. CORRESPONDENCE AND WRITTEN MATERIALS A. Annual Work Plan — Staff stated a new name has not been chosen for the new Commission and stated the City Council will be looking at the ordinance change on June 21, 2005 so the work plan can not yet be implemented. Staff said each seated Commissioner will be notified if their term expires this year and they will be given an opportunity to apply for the new Commission. The Council has stated they do want all existing Commissioners to remain seated. Staff told the Commissioners the new Commission will consist of seven members. B. Interactive Water Feature— Staff stated that the City Council approved the Interactive Water Feature as proposed and allocated the additional funds. Staff stated they are currently putting out the RFP's and hopefully this will be installed by March 2006. 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 and reminded everyone that tomorrow is Flag Day. VIII. COMMISSIONER ITEMS A. Reports from Commissioners Regarding Meetings Attended — Commissioner Leidner said he was able to attend the Cultural Arts 3� 7 r18 Community Services Commission Minutes Commission meeting on June 9, 2005. Commissioner Leidner requested from staff a copy of minutes from the last year from both Commissions since duties and responsibilities will be combined. Mr. Van Driel stated he has a question for the Commission and asked Commissioner St. Johns when the appropriate time would be to ask. Commissioner St. Johns said he may have the floor. Mr. Van Driel said he wanted to install goal posts on the main fields at La Quinta Park. He said the league would be willing to pay for this and stated that not only would it save time for the league, but for the City as well. Director Horvitz said that La Quinta Park was sold as a community park; a general park. Staff said the neighbors became distraught and said it appeared to be a soccer park and a special interest park. The City may be able to look into this again because the residents now see there is a skate park, interactive water feature, playground and a lot of activity for the community. She said the sensitivity may have changed towards this subject. Mr. Van Driel asked if the restriction of no Friday night games on La Quinta High School football games could be lifted. Staff reported that the only way this could be lifted would be to re-evaluate the Environmental Assessment. This may actually place more limitations on the use of the park. It would be staff's recommendation that the Environmental Assessment not be re- evaluated. IX. ADJOURNMENT The Commission thanked each of the user groups for coming to the meeting and said it is the Commissions goal to correct these issues and help the community. Commissioner St. Johns said it is her hope that in a year from now, they will be able to sit down and everyone will have seen a change in their community and that they are not talking to deaf ears. It was moved by Commissioners Hackney/Leidner to adjourn the Community Services Commission meeting at 9:23 PM. Unanimous. Community Services Commission Minutes NEXT MEETING INFORMATION Monday, July 1 1 , 2005 @7:00 PM La Quinta Civic Center - Study Session Room Submitted by: Christy Kerry, Corrprfihnity Services Sete-r)tary 309 P 2 0 Department Report: CV 44 c} p� > OFT9 TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager b DATE: July 5, 2005 SUBJECT: Department Report - Response to Public Comment The following public comments were made at the June 20, 2005, Special City Council meeting: 1. Kae Hammond spoke on behalf of the La Quinta Playhouse and distributed a packet of material requesting consideration of a funding request (amount not specified) to help support their efforts. 2. Dori Quill spoke on behalf of the La Quinta High School PTO requesting a line item budget in the amount of $10,000 to be drawn upon as needed. 3. David Howard, Chairman of the Board of the La Quinta Chamber of Commerce, presented a request to be allowed to use 2,000 square feet of space at the new library as the headquarters for the Chamber until they are able to find other affordable space. 4. Lew Piper, incoming Chairman of the Board of the La Quinta Chamber, also spoke on behalf of the Chamber's request for use of space at the library or in lieu of that, an increased line item budget to assist with rental of space elsewhere. 5. Christi Salamone thanked the Council for their continued support of the La Quinta Arts Foundation and spoke in favor of a three-year agreement to use the Civic Center Campus for the Arts Festival. 310 S:\CityMgr\Terry\Staff Reports\Responses to Public Cmnts\7-5-05.doc The following public comments were made at the June 21, 2005, regular City Council meeting: 1. Barbara Bowie, 71-774 Chuckawalla, Palm Desert, on behalf of the Riverside County Library System, introduced Irene Wickstrom, the new librarian for the La Quinta Library. Mrs. Wickstrom comes from Lake Arrowhead Library, and has lived in that area for the past 23 years. Mrs. Wickstrom is excited to become a part of the community and is looking forward to setting up programs at the new library that cater to the desires of La Quinta residents. Council welcomed Mrs. Wickstrom and thanked her for coming. 2. Scott Arthur (43485 Milan Court), Scott B. Gorges (43815 Milan Court), and Ian Rhodes (43905 Milan Court), all spoke in favor of the Desert Sands Unified School District placing a wall adjacent to Palm Royale Drive where it runs parallel to the Bella Vista homes north of Rome Drive. • Council directed staff to send a letter to DSUSD regarding the City's desire to have them place a wall along the perimeter of Palm Royale Drive where it runs parallel to the rear property lines of homes in Bella Vista, north of Rome Drive. 31.1 SACityMgr\Terry\Staff Reports\Responses to Public Cmnts\7-5-05.doc DEPARTMENT REPORT: �' B �a Q•c �5 C�h1OF T9 TO: The Honorable Mayor and Members of the City Council FROM: Mark Weiss, Assistant City Manager DATE: July 5, 2005 SUBJECT: Department Report — Quarterly Marketing Per the City's contract with Kiner Communications, the final Quarterly Marketing Report for Fiscal Year 2004/05 is attached. i n e x C o m m u In i c a t i o n s L�J Quarterly Marketing Report ADVERTISING • MARKETING • PUBLIC RELATIONS Fourth Quarter; 04-05 Fiscal Year Kiner Communications Marketing Plan for City of La Quinta COMPLETED: Local TV Spots — Produced two 30-second spots — one focused on SilverRock, the other on the community amenities and quality of life in La Quinta. The SilverRock spot aired on local newscasts during the month of March — a time when the Valley was at maximum capacity with visitors (potential new residents), snowbirds and, of course, full-time residents. The quality of life spot is being considered for an on -flight marketing opportunity with America West airlines this fall. 2006 City Calendar Photography — Hired photographer specializing in golf shots for 2006 City Calendar — which will highlight SilverRock Resort as the calendar theme. Obtained some new beauty shots of the Arnold Palmer Classic Course and clubhouse, and will also incorporate existing SilverRock photography into the design. (See attached) Public Relations — Wrote and distributed news release regarding the Indian Gaming Grant for the new La Quinta police officer, resulting in coverage in the Desert Sun, an interview with KMIR 6 news and a story on Univision Spanish television. (See attached) Marketing Recruitment Program — Began interviews with developers and commercial agents to gather information and gain input on what businesses are still needed/desired in La Quinta, as well as what types of challenges are being encountered while trying to bring in new businesses. Highlights of the results of the first two interviews are included with this report. (See attached) 313 73-101 Highway 111; Suite 4 Palm Desert, California 92260 tel: 760.773.0290 fax: 7NJJ73'7_0 www.kinercom.com Community Services Spring Events Postcard — Created a vivid postcard communicating the City's spring events and activities, which was mailed to all residents. (See attached) Consultation Services — Reviewed and offered consultation on advertising opportunities that were presented by America West (onboard television advertising), SkyWest magazine (United Express and Delta Connection magazine) and the Jim Murray Alumni Golf Tournament. IN PROGRESS: Marketing Recruitment Program — This program will continue in fiscal year 2005-06, with additional developer interviews and resident input on what businesses are still desired in the City of La Quinta. 2006 City Calendar Design — With photography now available, design of the 2006 City Calendar is in the works. Design and printing will be completed by the end of the summer — allowing ample time to mail the calendars well before 2006 (goal for mail drop is September). Public Relations — Initiating discussions with City staff on progress of new library building for press release on anticipated opening. 314 J3 �;'� F � c � s .'" '�: � y. � � �, � :�>, .,.-,." ,;�.�.�. :z,"`. �� � . _ `�y�F _ - -�- w...��. __ , '� ,,, _, . �. �. air �,ti� . �. . �, �._� ... r � __, _.. ,. ��,.. ,�.H � s� .. � � .. Y,. �. ®, ;,,� �,�.. , � .. � � 'T' 'os ;,,�.� ..� .: ,.Z � Z �,fi�° �,'s :. � r c a ,f r 'stR '� °� :� .. w, .::,;fit ., "�re.�. _,--.� � �� � � � ,�, �„a K i n e r C o m m u n i c a t i o n s NEWS SERVICE FOR IMMEDIATE RELEASE Contact: Claudia I. Suarez Phone: 760.773.0290 Cellular: 760.567.4507 Email: claudiaskkinercom.com NEW MOTOR OFFICER ADDED TO LA QUINTA'S FINEST --COURTESY OF AUGUSTINE BAND OF CAHUILLA INDIANS La Quinta, CA (June 8, 2005) — The City of La Quinta has added a new motor officer to its public safety force thanks to a grant awarded to the City which was endorsed by the Augustine Band of Cahuilla Indians. Senate bill 621 approved October 11, 2003, establishes distribution of appropriations from the Indian Gaming Special Distribution Fund for grants to local government agencies impacted by tribal gaming. Participating tribes include the Agua Caliente Band of Cahuilla Indians, Cabazon Band of Mission Indians, Morongo Band of Mission Indians, Pechanga Band of Luiseno Indians, Soboba Band of Luiseno Indians, Twenty -Nine Palms Band of Mission Indians, Augustine Band of Cahuilla Indians, and Mountain, Desert and Pass Cahuilla Indians. The City of La Quinta received the first year's funding of a five-year grant through the support of the Augustine Band of Cahuilla Indians based on its proximity to the Augustine Casino. The funds allocated from the Indian Gaming Special Distribution Fund will provide salary and benefits for an additional motor officer to assist with the increased traffic on La Quinta's roadways generated by patrons traveling to and from the Augustine Casino. Information: (760) 777-7000 or www.la-quinta.org. �5 Developer Interviews - Meeting Highlights Marketing Recruitment Program April 2005 Leasing operations going well (no problems finding tenants) Highway 111 frontage very desirable Quaint mom-and-pop retail should be encouraged Many business success stories (e.g., at centers such as Point Happy) Customer service is key, especially for small businesses Some challenges with City permitting process The Village coming to life due to Old Town and the need to service people with second homes Need for nighttime entertainment and every day dining Parcels in the Village area too small for most buyers Residential development taking away from commercial development Village businesses looking forward to future parking structure to address parking challenges Orange County is an important market as are Los Angeles and San Diego �6 DEPARTMENT REPORT: CITY COUNCIUS f UPCOMING EVENTS JULY 5 JULY 19 JULY 27-29 AUGUST 2 AUGUST 16 SEPTEMBER 6 SEPTEMBER 20 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 319 July 2005 La Quinta City Council Monthly Planner 7 3 4 5 6 7 8 2:00 PM City Council 10:00 AM ALRC 12:00 PM Mayors Lunch Meeting Independence Day (CITY HALL CLOSED) 2 9:00 AM - 4:00 PM SJSR Ntl. Mnmt-Henderson 91 u 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 Com. Serv. Comm. 17 18 19 20 21 22 23 9:00 AM CWHenderson 3:00 PM Historic Preser- 2:00 PM City Council vation Commission Meeting 24 25 26 27 28 29 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 DRRA Airp- Osborne League of California Cities Executive Forum - Monterey ........... 30 Printed by Calendar Creator Plus on 6/24/2005 August 2005 La Quints City Council Monthly Planner September 2005 La Quinta City Council Monthly Planner August S M T W T F S 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 27 28 29 30 31 October S M T W T F S 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 27 28 29 30 31 1 2 12:00 PM Mayors Lunch 4 5 6 7 8 9 2:00 PM City Council 10:00 AM ALRC 12:00 PM Energyl Meeting Environ.-Sniff 2 7:00 PM Cultural Arts Labor Day Commission (CITY HALL CLOSED) 3 9:00 AM - 4:00 PM SJSR Ntl. Mnmt-Henderson 10 11 12 13 14 15 16 17 7:30 AM CVEP-Adolph 7:00 PM Mosquito 9:00 AM RCTC- 3:00 PM Historic Preser- 1 10:00 AM Pub. Sfty- Abate. -Perkins Henderson vation Commission Patriot Day Perkins 7:00 PM Planning 5:30 PM Investment 12:00 PM Transp-Perkins Commission Advisory Board 3:00 PM Mtns. Con -Sniff 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. 18 19 20 21 22 23 24 9:00 AM CVA-Henderson 9:00 AM LAFCO- 2:00 PM City Council Henderson Meeting 1st Day of Autumn 25 26 27 10:30 AM RCTC Budget- 7:00 PM Planning Henderson Commission 6:00 PM Exec Cmte.- Adolph 28 29 12:00 PM Human/Comm- Osborne 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- Osborne 30 Printed by Calendar Creator Plus on 6/24/2005 ceitivl 4 OF fKF'9 COUNCIL/RDA MEETING DATE: July 5, 2005 Item title: Public Hearing to Consider Adoption of a Resolution of the City Council Certifying a Mitigated Negative Declaration for Environmental Assessment 2005-541 and Approving Tentative Tract Map 33597, the Subdivision of 22.97 Acres Into 57 Single -Family Lots, Located at the Southwest Corner of Avenue 60 and Madison . Street. Applicant: R. T. Hughes Co., LLC RECOMMENDATION: 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 2005-541; and Adopt a Resolution of the City Council approving Tentative Tract Map 33597 to subdivide 22.97 acres into 57 residential lots, subject to the Findings and Conditions of Approval. FISCAL IMPLICATIONS None. CHARTER CITY IMPLICATIONS None. BACKGROUND AND OVERVIEW: The project site is on the edge of the original Coral Mountain Specific Plan, but was not part of that planning process. The site is irregular in shape, and constrained by surrounding streets, future streets and the Bureau of Reclamation (BOR) Levee to the south and west (Attachment 1). �W3 J i- The applicant is requesting the subdivision of a 22.97 acre parcel into 57 single- family lots consisting of 10,000 square feet or more, as well as lettered lots for streets and a retention basin. The site is proposed to be gated, and streets are proposed to be private. No Site Development Permit (SDP) for home designs has been filed in conjunction with this application. Home design would be addressed separately through the SDP process. The proposed project will result in improvements to the south side of Avenue 60 to include a 20 foot paved width, a ten foot parkway with a six foot meandering sidewalk, and an additional ten foot landscaped setback. Avenue 60 is not a General Plan road at this location. Design of Avenue 60 as a local road is therefore appropriate. The proposed subdivision will take access from Avenue 60 at two locations. The main access point will be located at the mid -point of the property, approximately 550 feet west of Madison Street. This access point will be 50 feet in width, and will include one lane of travel in each direction, and a center median. A vehicle turn -around will be provided in the median. The second access point is located at the western boundary of the property on Avenue 60, and will also be gated. There is no stacking room provided at this gate; however, a Condition of Approval has been included which requires this gate be exit -only, and emergency entry only. Madison Street Improvements No access will be taken from Madison Street. The design and construction of Madison Street as a 40 foot wide roadway (20 foot half width) from Avenue 60 southerly were conditioned as part of the Travertine Specific Plan project. The applicant has provided for a slope easement and construction easement to accommodate Madison Street's extension over the BOR levee. Considerable discussion occurred at the Planning Commission hearing (Attachment 2) regarding the ultimate construction of Madison Street, and the applicant's responsibility for same. The applicant's concern at the hearing was that this project does not require the extension of Madison Street, since no access will be taken from it, and the only beneficiary will be the Travertine project. Staff pointed out, however, that Madison Street is a General Plan road, that applicants are always required to improve streets adjacent to their property, and that other lands in addition to Travertine and south of the BOR levee will require access from Madison Street. It is common for a development to install street improvements for General Plan roadways even if it does not take any access from the adjacent roadway. The Planning Commission was concerned the applicant might be required to widen the graded approach to the BOR levee at a later date, at great expense, after the 324 Travertine improvements were made. During the public hearing there were questions about the precise grading and street improvements for Madison Street extension by Travertine. The plans were not available to fully respond to the Commission and developer questions. The Planning Commission also expressed a concern that if there was a delay in constructing Madison Street, the developer of this project should not have to maintain bonds for the required widening in perpetuity. The Commission felt that if the improvements were not complete within five years, this project developer should not be liable for the widening. Finally, the Planning Commission wished to assure that the applicant would dedicate the right-of-way for the widening of Madison Street at any time, so the recordation of this map would not delay the widening of Madison Street. The Planning Commission ultimately recommended the Condition of Approval for Madison Street (Number 54.(A) (1)), be amended as follows: 1. The applicant shall bond for the incremental paved street structural section and curb/gutter for the incremental 16 foot widening of Madison Street to its ultimate right-of-way beyond the Travertine planned street improvements. 2. The applicant shall grant the right-of-way for Madison Street at any time prior to the recordation of this map, should the City request it. 3. There shall be a five year "sunset" on these requirements, so the bonding for street improvements would only be required for a period of five years, and that after that time, the applicant would have no further responsibility. Staff's continuing concern is that if the Madison Street improvements are not made by Travertine within five years, and this developer is not required to construct street improvements, the City will be required to build the road at its expense rather than having this developer construct the improvements for the lands adjacent to its property, which is the usual condition placed on development. As noted above, staff was unclear as to whether the Travertine improvement plans included the grading of the entire roadway, or only the 40 foot width on Madison Street. Following the hearing, staff consulted with the Travertine engineer, who stated that a 44 foot half width (88 foot full width) graded approach will be created as part of their improvements. These plans are currently in plan check with the City Engineer. A copy of these plans will be available at the City Council meeting. The ultimate Madison Street improvement is planned to be a 36 foot paved street (half width) with a 12 foot parkway on each side, providing a 96 foot right-of-way requirement. Travertine was required to improve the street to a 20 foot half width (40 foot full width) as a condition of their Specific Plan. If Travertine does not complete the improvements, the Developer Impact Fee (DIF) includes some of these costs, and the core of the roadway will be paid for with DIF fees. Travertine has proposed in its street improvement plans a 32 foot half width road bed with a 12 foot parkway for the west side of Madison Street adjacent to the subject property. Staff recommends the applicant be required to construct incremental road bed/parkway construction to the 48 foot half width, or a total of 28 feet in addition to the Travertine improvements. Since the Planning Commission hearing, staff has also recognized that the intersection of Madison Street and Avenue 60 will require an additional variable right-of-way dedication of 310 feet in length, and up to seven feet in width, to provide a taper from the 110 foot right-of-way north of Avenue 60 to the required 96 feet of right-of-way required south of Avenue 60 on Madison Street. This requirement was generally addressed in Condition No. 11 for the applicant wherein, "Dedications shall include additional widths as necessary for dedicated ....turn lanes and ..... other features in the approved construction plans." In order to assure that the construction of Madison Street occurs in an orderly manner, and to further clarify the Conditions of Approval, staff recommends Condition No. 54. A.1) a) be amended to read: 1) Madison Street (Secondary Arterial with Class II Bike Lane) (96'): a) Construction of a 40 foot wide section of Madison Street has been made a requirement of the Travertine Specific Plan. The applicant shall install and bond for the incremental road bed section and related parkway/transitional slopes at an appropriate design elevation for the applicant's required perimeter sound wall to its ultimate right-of-way beyond the Travertine planned street improvements. The applicant shall work with Travertine to implement the aforementioned right-of-way and street improvement requirements so that full street improvements may be installed. Should Travertine construct its required 40 foot wide section of Madison Street within five years of this approval, the City will use the above -required bonds to pay for the widening and parkway/transitional slope installation. Should Travertine not construct Madison Street within a period of five years from the date of this approval, the above - required bonds will be used by the City to construct Madison Street to its ultimate half -width. The balance of the costs associated with the construction will be secured through DIF fees. The applicant shall provide the additional variable right-of-way dedication and street improvements (including curb/gutter) for seven feet by 310 feet to provide a taper from the 110 foot right-of-way J461 north of Avenue 60 to the required 96 feet of right-of-way required south of Avenue 60 on Madison Street as approved by the City Engineer. Implementation of this Condition of Approval would assure that improvements to Madison Street will conform to its General Plan designation as a Secondary roadway with bike lane, and that they will be constructed in a timely manner. Attachment 3 is a legislative draft showing the changes recommended herein. Map Design The project includes a landscaped open space immediately west of the main entry, and an open space and retention basin area east of the entry, to Madison Street. A preliminary hydrology study has been prepared, and final hydrology will be reviewed and approved by the City Engineer prior to issuance of grading permits on the site. Because of the site's irregular shape, lots have been placed at an angle through the site. All lots are proposed to be at least 10,000 square feet, which exceeds the minimum requirement in the Low Density Residential zone. Two parallel roadways and a series of short cul-de-sacs are proposed to access the lots. The cul-de-sacs provide sufficient radius to meet Fire Department requirements. The lots all meet the standards of the City's development codes. Lot design and layout appears functional, although Lot 57 is designed with a very narrow (15 foot) throat to the roadway. Although traffic will not be significant on this cul-de-sac, a vehicle exiting the lot in reverse could conflict with vehicles on the adjacent lot. This lot is large enough, however, to accommodate a circular interior driveway, to assure that vehicles exit the lot front-end first, rather than backing onto the street. Such a requirement has been included in the Conditions of Approval. A Bureau of Reclamation (BOR) lateral irrigation line occurs through the property. The Initial Study includes a mitigation measure to require the relocation of this lateral, to the satisfaction of the BOR and the Coachella Valley Water District (CVWD). The applicant indicated at the Planning Commission hearing that he is in discussions with BOR and the CVWD regarding the relocation of the line. The landscaping for the slope along Madison Street is to be installed by the developer of this project, and maintained by the Homeowners' Association. A sound wall will be provided at road level on Madison Street, and another property boundary wall will be constructed at the edge of the lots below. The road -level wall will assure that both noise and lighting impacts associated with Madison Street traffic do not significantly affect the residents within the proposed project. The design of the Map, as conditioned; meets the requirement of the Subdivision Map Act and the Municipal Code. The project is consistent with the General Plan land use designation placed on the property. Public Notice This case was advertised in the Desert Sun newspaper on June 24, 2005. All property owners within 500 feet of the proposed project were mailed a copy of the public notice. No written comments have been received to date. FINDINGS AND ALTERNATIVES Findings necessary to approve the Environmental Assessment and Tentative Tract Map can be made and are contained in the attached Resolutions. The alternatives available to the City Council include: Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration for Environmental Assessment 2005-541; and Adopt a Resolution of the City Council approving Tentative Tract Map 33597 to subdivide 22.97 acres into 57 residential lots, subject to the Findings and Conditions of Approval; or 2. Do not adopt the Resolutions approving the project; or 3. Provide staff with alternative direction. Respectfully submitted, ) L Dou las Evans Commun4 Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Location Map 2. Excerpt from Planning Commission Minutes of June 14, 2005 3. Legislative format of the Conditions No. 54 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 TENTATIVE TRACT MAP 33597 CASE NO.: ENVIRONMENTAL ASSESSMENT 2005-541 APPLICANT: R. T. HUGHES CO., LLC WHEREAS, the City Council of the City of La Quinta, California did on the 51h day of July, 2005, hold a duly noticed public hearing to consider the request of R. T. Hughes Co., LLC for approval of Environmental Assessment 2005-541 for Tentative Tract Map (TTM) 33597, referred to as the "Project" for the subdivision of 22.97 acres into 57 residential lots located at the southwestern corner of Avenue 60 and Madison Street and more particularly described as: A.P.N: 766-1 10-016-2 WHEREAS, the Planning Commission of the City of La Quinta did on the 14th day of June, 2005, hold a duly noticed public hearing and adopted Resolution 2005-024 recommending certification of Environmental Assessment 2004-541; 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 1" day of June, 2005 to the Riverside County Clerk; and WHEREAS, the City published a Public Hearing Notice to adopt the Mitigated Negative Declaration and associated Initial Study in the Desert Sun newspaper on the 24th day of June, 2005; such notice was also mailed to all landowners within 500 feet of the Project Site, and all public entities entitled to such notice; and WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following findings to certify said Environmental Assessment: 1 . That the Mitigated Negative Declaration has been prepared and processed in compliance with the State CEQA Guidelines and the City's implementation procedures. The Planning Commission has independently reviewed and considered the information contained in the -Mitigated Negative Declaration, and P:\Reports - CC\2005\7-5-05\Hughes\Reso EA.doc 32 9 City Council Resolution No. 2005-_ Environmental Assessment 2005-541 R.T. Hughes Co. LLC Adopted: finds that it adequately describes and addresses the environmental effects of the Project, and based upon the Initial Study, the comments received thereon, and the entire record of proceeding for this Project, there could be a significant environmental effect resulting from this project; however, the mitigation measures will reduce the impacts to less than significant levels. The mitigation measures identified in the Mitigated Negative Declaration have been incorporated into the Project and/or made part of the approval of the project and these measures will mitigate any potential significant effect. 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 2005-541. 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. 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 environmental effects that will adversely affect the human population, either directly or indirectly, as no significant unmitigated 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. PAReports - CC\2005\7-5-05\Hughes\Reso EA.doc O City Council Resolution No. 2005-_ Environmental Assessment 2005-541 R.T. Hughes Co. LLC Adopted: 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 City Council decision is based upon is in the La Quinta City Hall, Community Development Department, 78-495 Calle Tampico, La Quinta, California 92253. 1 1 . 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. 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). NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct, and constitute the findings of the City Council for this Environmental Assessment. 2. That it does hereby certify a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2005-541 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Addendum, on file in the Community Development Department and attached hereto. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day of July, 2005, by the following vote, to wit: AYES: NOES: PAReports - CC\2005\7-5-05\Hughes\Reso EA.doc City Council Resolution No. 2005- Environmental Assessment 2005-541 R.T. Hughes Co. LLC Adopted: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California �Fr P:\Reports - CC\2005\7-5-05\Hughes\Reso EA.doc Environmental Checklist Form 1. Project title: Tentative Tract Map 33597 2. Lead agency name and address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact person and phone number: Nicole Sauviat Criste 760-777-7125 4. Project location: Southwest corner of Madison Street and Avenue 60. 5. Project sponsor's name and address: R. T. Hughes Co., LLC 78900 Avenue 47, Suite 201 La Quinta, CA 92253 6. General Plan designation: Low Density 7. Zoning: Low Density Residential Residential 8. 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 applicant proposes the subdivision of a 22.97 acre parcel into 57 single family lots of 10,000 square feet or more. The site will be gated, and will be accessed from Avenue 60. No access is proposed on Madison Street. Construction of Madison Street will eventually result in a sloped roadway, rising above the southern half of the project site, to clear the Bureau of Reclamation levee located to the south of the site. On site retention is proposed at two locations adjacent to Avenue 60. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North: Low Density Residential/Avenue 60, vacant and single family homes South: Open Space/BOR levee West: Open Space/BOR levee, single family home East: Medium Density Residential, Golf Course Open Space/Golf course and single family homes 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District Bureau of Reclamation -1- 0 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 Agriculture Air Quality Biological Resources Hazards & Resources Cultural Resources Hydrology / Water Geology /Soils Land Use / Planning Hazardous Materials Mineral Resources Quality Noise Population / Public Services Recreation Housing Transportation/Traf Utilities / Service Mandatory Findings of fic Significance Systems DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. find that although the proposed project could have a significant effect on the X environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothingArth , is/equired. i Signature May 23, 2005 Date 334 -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 XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which_ were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. C JJJ -3- 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. -4- 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 X on a scenic vista? (General Plan Exhibit 3.6) b) Substantially damage scenic X resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Aerial photograph) c) Substantially degrade the X existing visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of X substantial light or glare which would adversely affect day or nighttime views in the area? (Application materials) I. a)-d) The proposed project site is currently, vacant. Views from the site are somewhat compromised by the occurrence of the Bureau of Reclamation levee which borders the site on the west and south. Country club development occurs or will occur to the north and east of the site. The proposed tract will result in the construction of single family homes which will be restricted by the Development Code to no more than two stories. The site will have no adjacent neighbors, other than the single family home which occurs to the west. This home's views are to the west and southwest, and the development of the project site will not have an effect on their scenic vistas. There are not scenic resources on the project site, which is currently vacant desert lands. The development of the site will be consistent with the development occurring surrounding the site, and will not impact the visual character of the area. When homes are built on the site, there will be two primary sources of light emanating from the site: landscape lighting and vehicle headlights. Given the isolation of the site, and the proposed location of a block wall, 6 feet in height, around the site, neither of these sources of light are expected to impact surrounding lands. In addition, the City regulates lighting levels and r� J3( -5- does not allow lighting to spill over onto adjacent property. Impacts are expected to be less than significant. The ultimate construction of Madison Street from Avenue 60 southerly past the project site will result in a sloping roadway which rises above the southern portion of the project. The plans for Madison Street include a screen wall, located adjacent to the roadway and 6 feet in height, which will screen the project site from the vehicles and associated lights on this roadway. Impacts are expected to be less than significant. 333 -6- 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 X their location or nature, could result in conversion of Farmland, to non- agricultural use? (General Plan Land Use Map) II. a)-c) The site us located in a rapidly urbanizing portion of the City. The General Plan and Zoning designations for the property are Low Density Residential. Lands surrounding the site are currently developing, or are vacant desert. There are no agricultural lands adjacent or near the proposed project site. There are no Williamson Act contracts on the site. No impacts to agricultural resources are expected as a result of implementation of the proposed project. -7- 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 X or contribute substantially to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a cumulatively X considerable 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 X affecting a substantial number of people? (Project Description, Aerial Photo, site inspection) III. a), b) & c) The development of the site will generate emissions during the construction of the homes, and during the long term operation of the site as a residential subdivision. Each of these sources of emissions is discussed below. Construction The City, and the Coachella Valley as a whole, are in a severe non -attainment area for the generation of PM10, a component of fugitive dust. In order to improve impacts associated with fugitive dust, the City participates in, and implements regional plans for its prevention and suppression, including the mandatory preparation of PM 10 Management Plans for construction projects. j -8- Construction on the 22.97 acre site is likely to begin with mass grading. Based on SCAQMD factors for the generation of fugitive dust, mass grading would result in the generation of 606.59 pounds per day. This exceeds the thresholds of significance established by the South Coast Air Quality Management District, but also likely over -states the potential impacts, insofar as only a portion of the 23 acres is likely to be actively graded during any one day. Nonetheless, mitigation is therefore required, as follows: 1. 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 Avenue 60, the slope easement area on Madison Street and the project's perimeter wall, 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. 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 is expected to reduce impacts associated with grading activities to less than significant levels. -9- Operations The ultimate construction of 57 single family homes on the project site will result in approximately 546 trips per day'. These trips will generate the following emissions. Table 1 Moving Exhaust Emission Projections at Project Buildout (pounds per day) Ave. Trip Total Total No. Vehicle Trips/Day Length (miles) miles/day 546 x 15 = 8,190 PM io PM io PM io Pollutant ROC CO NOX Exhaust Tire Wear Brake Wear Pounds at 50 mph 1.63 42.31 8.68 - 0.18 0.18 SCAQMD Threshold (lbs./day) 75 550 100 150 Assumes 220 trips, ITE categories 210. 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 proposed project will not exceed SCAQMD thresholds of significance at buildout. Impacts associated with vehicle emissions are therefore expected to be less than significant. III. d) & e) The construction of single family homes on the site is not expected to generate objectionable odors, or expose sensitive receptors to pollutant concentrations. 1 "Trip Generation, 7"' Edition," Institute of Transportation Engineers, for category 210, Single family detached. Jr 4W -10- 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, X either 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 ("TT33597 Biological Resources Assessment," AMEC April 2005) b) Have a substantial adverse effect X on any 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? ("TT33597 Biological Resources Assessment," AMEC April 2005) c) Have a substantial adverse effect X on 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? ("TT33597 Biological Resources Assessment," AMEC April 2005) 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? ("TT33597 Biological Resources Assessment," AMEC April 2005) e) Conflict with any local policies or X ordinances protecting biological 3�3 -11- 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 other approved local, regional, or state habitat conservation plan? (General Plan MEA, pages 74-87) IV. a)-f) A biological resource survey was conducted for the proposed project2. The study included both a literature search and an on -site investigation. The on - site investigation found that the site has been significantly disturbed, and that the primary plant community occurring on the site is Desert scrub, the most common plant community in the region. The survey determined that the site can be considered potential habitat for both Desert tortoise and burrowing owl, although neither species was sighted, nor was sign identified, on the site. To assure that these species are not impacted, mitigation is required, as follows. 1 . Within 30 days prior to the initiation of earth moving activities on the site, a qualified biologist shall complete protocol -level surveys for Desert tortoise and burrowing owl. The survey results shall be submitted to the Community Development Department for review and approval prior to the initiation of any earth moving activity. There is no riparian or wetland habitat on the subject property. The proposed project site is located outside the mitigation fee area for the Coachella Valley Fringe -toed Lizard. 2 "Tentative Tract 33597 Biological Resources Assessment," prepared by AMEC Earth and 344 Environmental, April 2005. -12- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V. CULTURAL RESOURCES -- Would theproject: a) Cause a substantial adverse X change in the significance of a historical resource as defined in ' 15064.5? ("Archeological Testing and Evaluation Report" CRM Tech April 2005) b) Cause a substantial adverse X change in the significance of an archaeological resource pursuant to 1 5064.5? ("Archeological Testing and Evaluation Report" CRM Tech April 2005) c) Directly or indirectly destroy a X unique paleontological resource or site or unique geologic feature? (General Plan MEA, Exhibit 5.9) d) Disturb any human remains, X including those interred outside of formal cemeteries? ("Phase I Archaeological Survey," ECORP, January 2005) V. a)-b) & d) Cultural resource surveys have been prepared for the project site 3. The site was surveyed several years ago as part of the Coral Mountain Specific Plan project, at which time a potential prehistoric site was recorded on the subject property. A testing of that recorded site was performed, and determined that the historic component is not significant, being composed of modern target shooting detritus. The archaeological component of the site were excavated, and a number of items identified, consisting primarily of pottery sherds. The study concluded that the artifacts do not constitute a significant resource as defined by CEQA, and that impacts associated with construction of the project would be less than significant. Bone fragments identified at the site are to be repatriated to the appropriate Native American group. The site does, however, have the potential to yield further resources when earth moving activities are conducted for the construction of homes. The study recommends, therefore, that the following mitigation measure be implemented: 3 "Historical/Archaeological Resources Survey Report Coral Mountain Expansion," prepared by CRM Tech, November, 2003; and "Archaeological Testing and Evaluation Report Site CA-RIV-7205/H (33- 12956)" prepared by CRM Tech, April, 2005. -13- 1. A qualified archaeological monitor shall be present during all earth moving activities on the project site. The monitor shall be empowered to stop or redirect earth moving activities to adequately investigate potential resources. The monitor shall be required to submit to the Community Development Department, for review and approval, a written report on all activities on the site prior to occupancy of the first building on the site. Any resources found on the site shall be properly curated. Implementation of this mitigation measure will assure that potential impacts associated with cultural resources are reduced to less than significant levels. V. c) The project site occurs outside the boundary of the prehistoric Lake Cahuilla. ,No impacts associated with paleontological resources are expected to result from implementation of the proposed project. l�^ -14- 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 X fault, 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- X 106) b) Result in substantial soil erosion X or 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 X adequately 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 pages 97-106) ell —15— VI. a)-e) The site will experience significant ground shaking in a seismic event. The City implements the standards of the UBC for seismic zones, and will apply these standards to this project. The site is located adjacent to the Bureau of Reclamation levee, which carries water flows during storm events. The levee has been constructed to withstand significant seismic events, and is not expected to result in significant impacts to the homes, should an earthquake occur during a rain storm. The site is not located adjacent to hillsides, and will not be subject to landslides or rock fall hazards. The site is located in an area of the City subject to liquefaction. The City requires, as part of the process of securing building permits, site specific geotechnical analysis of each property. The project proponent will be required to submit such an analysis, and to conform to any standards and requirements for liquefaction, should it be identified as a potential impact on the site. The site is not located on expansive soils, and will be required to connect to sanitary sewer service, and will not require septic tank systems. Overall impacts associated with geology and soils are expected to be less than significant. 13, -16- 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 X handle 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 X included 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? ("Phase I Environmental Site Assessment," CTL Environmental, May 2003) e) For a project located within an X airport 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 X of a 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 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 57 homes proposed for the project site are not expected to generate, store or transport significant amounts of hazardous materials. The homes will Utilize small amounts of cleaning products and similar 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. A Phase I Environmental Site Assessment was prepared for the project site'. The site is not identified on any database as having had hazardous materials incidents. The site survey did not identify any area where materials had been spilled or poured onto the soil. No impacts associated with hazardous materials on the site are expected. 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. 4 "Phase I Environmental Site Assessment of SW Corner of Madison Street and 60"' Avenue," prepared by CTL Environmental Services, May 2003. 5 O -18- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Vill. HYDROLOGY AND WATER QUALITY -- Would theproject: a) Violate any water quality X standards or waste discharge requirements? (General Plan EIR p. III- 187 ff.) b) Substantially deplete X groundwater 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 -19- drainage systems or provide substantial additional sources of polluted runoff? (General Plan EIR p. III- 187 ff.) f) Place housing within a 100-year X flood 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 X hazard area structures which would impede or redirect flood flows? (Master Environmental Assessment Exhibit 6.6) VIII. a) & b) Domestic water is supplied to the project site by the Coachella Valley Water District (CVWD). The development of the site will result in the need for domestic water service and for landscaping irrigation. The CVWD has prepared a Water Management Plan which indicates that it has sufficient water sources to accommodate growth in its service area. The CVWD has implemented or is implementing water conservation, purchase and replenishment measures which will result in a surplus of water in the long term. The project proponent will be required to implement the City's water efficient landscaping and construction provisions, including requirements for water efficient fixtures, which will ensure that the least amount of water is utilized within the homes. The applicant will also be required to comply with the City's NPDES standards, which protect surface waters from contamination. These City standards will assure that impacts to water quality and quantity will be less than significant. The project site includes Bureau of Reclamation Irrigation Lateral No 123.45, an irrigation water line. Prior to development of the site, the line must be relocated to assure that these waters are not impacted by project development. In order to assure that the irrigation water is not impacted by the proposed project, the following mitigation measure shall be implemented. 1. Prior to issuance of grading permits, the project proponent shall relocate Bureau of Reclamation Irrigation Lateral No. 123.45 to the satisfaction of the Bureau of Reclamation and the Coachella Valley Water District. -eJ -20- VIII. c) & d) The City requires that all projects retain the 100 year storm on site. In order to accomplish this, the project proponent has submitted a preliminary hydrology study', to support the design of the flood control improvements on the site. These include a retention basin located at the northeastern corner of the property, which is proposed to have a capacity of 115,400 cubic feet of storage. The City Engineer will review and approve the hydrology for the project prior to the issuance of any permits for the site, which will assure that the impacts associated with storm waters are reduced to less than significant levels. VIII. e)-g) The site is not located in a flood zone as designated by FEMA. 353 "Preliminary Hydrology Report Coral Mountain Estates," prepared by Glenmorra Consultants, April, J J 2005. -21 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 X use 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 X habitat conservation plan or natural community conservation plan? (Master Environmental Assessment p. 74 ff.) IX. a)-c) The project site is designated for Low Density Residential development on both the General Plan and Development Code maps. The site is vacant, and will not impact an established community. The site is outside the fee mitigation area for the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan. There will be no impacts to land use and planning. -22- 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 X of a 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 X of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment p. 71 ff.) X. a) & b) The proposed project site is outside the boundary of areas within the City studied for mineral resources. However, lands immediately north and east are all designated in the MRZ-1 Zone, and it can therefore be expected no mineral resources occur on the project site. Joa -23- 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 X generation 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 X generation of excessive groundborne vibration or groundborne noise levels? (General Plan MEA p. 111 ff.) c) A substantial permanent increase X in ambient noise levels in the project vicinity above levels existing without the project (General Plan MEA p. 111 ff.) d) A substantial temporary or X periodic 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 X airport 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 X of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) -24- XI. a)-f) The area surrounding the project site is currently experiences relatively low ambient noise levels. The circulation surrounding the project is not expected to increase substantially, due to the lack of potential development in the area. Noise levels predicted in the General Plan EIR show that acceptable CNEL standards can be maintained at the project site through design. The proposed project will include two 6 foot walls, and landscaped setbacks, which will reduce on -site noise from Madison Street and Avenue 60. The first wall will be located at the edge of the project, on all sides, including adjacent to the future location of Madison Street. The ultimate construction of Madison Street from Avenue 60 southerly past the project site will result in a sloping roadway which rises above the southern portion of the project. The plans for Madison Street include a second screen wall, located adjacent to the roadway and 6 feet in height, which will screen the project site from the vehicles and associated noise on this roadway. Impacts are expected to be less than significant. The construction of the single family homes has the potential to result in temporary and periodically high noise levels associated with these construction activities. The development of the homes on the site will occur during the noisier daytime hours, as prescribed by the Municipal Code. The project is also required, as a mitigation measure under the air quality section, to construct its perimeter wall immediately following grading of the site. There is, however, a single family home occurring immediately west of the project site which could be impacted by construction noise. The home is surrounded by a wall. In order to assure that those impacts are reduced to less than significant levels, the following mitigation measure shall be implemented. 1. All equipment and construction staging and storage areas shall be located in the northeastern portion of the property, as far from the western property line as possible. The site is not located within the area of influence of an airport or air strip. With implementation of the above -listed mitigation measure, impacts associated with noise are expected to be less than significant. -25- 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 X growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (General Plan, p. 9 ff., application materials) b) Displace substantial numbers of X existing housing, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) c) Displace substantial numbers of X people, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) XII. a)-c) The development of 57 single family homes will not induce substantial growth, as the project site is designated for the single family development proposed in the General Plan. The construction of the homes will not displace existing housing or people. No impacts are expected. 37')8 -26- 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. X 57) Police protection? (General Plan MEA, X p. 57) Schools? (General Plan MEA, p. 52 ff.) X Parks? (General Plan; Recreation and X Parks Master Plan) Other public facilities? (General Plan X MEA, p. 46 ff.) XIII. a) Buildout of the site will have a less than significant impact on public services. The proposed project will be served by the County Sheriff and Fire Department, under City contract. Buildout of the proposed project will generate property tax and sales tax which will offset the costs of added police and fire services, as well as the costs of general government. The project will be required to pay the mandated school fees in place at the time of issuance of building permits to reduce the impacts to those services. 35 dare Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIV. RECREATION -- a) Would the project increase the X use of 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 X recreational 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 construction of 57 units will not significantly impact recreational facilities. In addition, the project proponent will be required to contribute the park land mitigation fees in place at the time of recordation of the final map for the site. These fees are designated specifically for the purchase of land for recreational facilities in the City. -28- Potentially Significant Less Than Significant w/ Less Than Significant No Impact Impact Mitigation Impact XV. TRANSPORTATION/TRAFFIC - - Would the project: a) Cause an increase in traffic X which is 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 X due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (TTM 339597) e) Result in inadequate emergency X access? (TTM 339597) f) Result in inadequate parking X capacity? (TTM 339597) g) Conflict with adopted policies, X plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description) -29- XV. a)-g) The development of 57 single family homes will result in approximately 546 average daily trips on City roadways. The project site is in an area with limited development potential, and is proposing 57 units, when the site could generate up to 92 units. Therefore, the proposed project is likely to result in lower impacts to the circulation system than those analyzed in the General Plan EIR. For this area of the community, the EIR found that at General Plan buildout, levels of service would remain at acceptable levels. The project does not include inadequate parking or unsafe designs. The single family homes will be required to provide parking to City standards, which will include 2 car garages. Overall impacts associated with transportation are expected to be less than significant. -30- 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 X construction of 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 X construction of 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 X sufficient permitted capacity to accommodate the project's solid waste disposal needs? (General Plan 3 G 3 -31- MEA, p. 58 ff.) g) Comply with federal, state, and X local statutes and regulations related to solid waste? (General Plan MEA, p. 58 ff.) XVI. a)-g) Utilities are available at the project site. The service providers for water, sewer, electricity and other utilities have facilities in the immediate vicinity of the site, and will collect connection and usage fees to balance for the cost of providing services. The construction of the proposed project is expected to have less than significant impacts on utility providers. n G ') b -32- 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 X potential to 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 X potential to achieve short-term, to the disadvantage of long-term environmental goals? c) Does the project have impacts X that are 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)? d) Does the project have X environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. a) The proposed project will result in potential impacts to biological and cultural resources. These impacts have been mitigated to less than significant levels in this Initial Study. 36 J -33- XVII. b) The proposed project will not have any impact on long term environmental goals, insofar as the property is designated for the land use proposed, and impacts associated with the buildout of the General Plan have been analyzed in the General Plan EIR. XVII. c) The proposed project is consistent with the General Plan vision for this area. Construction of the project will have no significant cumulative impacts, insofar as the development of single family homes on this site was analyzed in the General Plan EIR, and impacts associated with the project are expected to be equivalent or less than those in the EIR. XVII. d) The impacts associated with air quality and noise have the potential to significantly impact human beings. However, mitigation measures included in this Initial Study reduce those potential impacts to less than significant levels. XVIII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. Environmental Assessment 2003-483 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. 3�6 -34- 0 W � W z � rA F � d F o F � H o o W z "o cno U a O U �U�►.aV � pa"'O a O Elf) z� w dawd p� Hip DO Ua C� z d p �a U M U H a U � o U E-� o H o H a f C7� °z� o E� H A A ox UU o 0 0 0 0 0 U U U U U U U an z Q 0 0 � U U U o cl a o �zy w O � a0 A 1 o 3 A 14 A cw A m A IM ICI m M O 1.i�. N N cl � b c an U cn U H A U pq �A a� U U U 0 a O 0 a �o,.. A a Cd UA z w U F d A dA ax U VU W .O ay U U Q, F 'b cqj on Q a Iwo u air. 0o 00 z� Cd ap Q c Y O cC �b L.J F d A dA a x wU U� F � a� U Hcl 0 0 A; a Wz *4C o Cd ap Q 'b o Q N 0.00.0 z o c� W d A U pq �WAW ax U U� W F o Y U 0 z U H O U on Q a Wz 0 z� �p Q b z o C� b Cl H O � N z cd b f38 RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF APPROXIMATELY 22.97 ACRES INTO 57 RESIDENTIAL LOTS AND MISCELLANEOUS LOTS CASE NO.: TENTATIVE TRACT 33597 R. T. HUGHES CO., LLC WHEREAS, the City Council of the City of La Quinta, California, did on the 5`h day of July, 2005, hold a duly noticed Public Hearing to consider the request of R. T. Hughes Co., LLC for the subdivision of 22.97 acres into 57 single-family lots and other miscellaneous lots, located at the southwestern corner of Avenue 60 and Madison Street, more particularly described as: ASSESSOR'S PARCEL NUMBERS 766-1 10-016-2 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 14" day of June, 2005, hold a duly noticed Public Hearing and adopted Resolution 2005-025 recommending approval of this Tentative Tract Map; and, WHEREAS, The La Quinta Community Development Department has completed Environmental Assessment 2004-541 in accordance with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63). ). Based upon this Assessment, there may be a significant adverse effect on the environment; however, mitigation measures have been imposed on the project that will reduce the impacts to less than a significant level; therefore, a Mitigated Negative Declaration is recommended for approval; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following Mandatory Findings of approval to justify approval of said Tentative Tract Map 33597: A. The Tentative Tract Map and its improvement and design, are consistent with the General Plan, in that its design is in conformance with applicable goals, policies, and programs of the General Plan, including the provision of a variety of housing types, and the logical expansion of development. B. The design of the subdivision and its proposed improvements are not likely to create environmental damage or substantially and avoidably injure wildlife or their habitat, and mitigation measures are included in the project approval which will protect these resources. �+ 3 S:\City Clerk\Resolutions\Hughes ResoTTM.doc City Council Resolution No. 2005- Tentative Tract Map 33597 R.T. Hughes Co., LLC Adopted July 5, 2005 C. The design of the subdivision and subsequent improvements are not likely to cause serious public health problems because the construction of 57 residential units will not have considerable cumulative impacts. The project is consistent with the General Plan, and the potential impacts associated with General Plan buildout. D. The design of the subdivision and the proposed types of improvements will not conflict with easements acquired by the public at large, for access through or use of the property within the subdivision in that the applicant is required to address the relocation of the BOR lateral prior to recordation of the map. 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 approve Tentative Tract Map 33597 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this the 51h day of July, 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\7-5-05\Hughes\ResoTM33597.doc City Council Resolution No. 2005- Tentative Tract Map 33597 R.T. Hughes Co., LLC Adopted July 5, 2005 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California PAReports - CC\2005\7-5-05\Hughes\ResoTM33597.doc CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 33597 R. T. HUGHES CO. LLC ADOPTED: JULY 5, 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 Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD)/Bureau of Reclamation • Imperial Irrigation District (ILD) • 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. _ j'7? City Council Resolution No. 2005-_ Conditions of Approval - Recommended Tentative Tract 33597 — RT Hughes Co. LLC Adopted: July 5, 2005 A project -specific NPDES construction permit must be obtained by the applicant; and who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI"), prior to the issuance of a grading or site construction permit by the City. 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. - � 73 P:\Reports - CC\2005\7-5-05\Hughes\TT COA.doc City Council Resolution No. 2005-_ Conditions of Approval - Recommended Tentative Tract 33597 — RT Hughes Co. LLC Adopted: July 5, 2005 E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 5. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). PROPERTY RIGHTS 6. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 7. The applicant shall offer for dedication on the Final Map all public street right-of- ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 8. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Madison Street (Secondary Arterial with Class II Bike Lane, 96' ROW) - 48 feet from the centerline of Madison Street for a total 96-foot ultimate developed right of way. 2) Avenue 60 (Local Street, 60' ROW) - The standard 30 feet from the centerline of Avenue 60 for a total 60-foot ultimate developed right of way. 9.. The applicant shall retain for private use on the Final Map all private street right- of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. J`� P:\Reports - CC\2005\7-5-05\Hughes\TT COA.doc City Council Resolution No. 2005-_ Conditions of Approval - Recommended Tentative Tract 33597 — RT Hughes Co. LLC Adopted: July 5, 2005 10. The private street right-of-ways to be retained for private use required for this development include: A. PRIVATE STREETS 1) Private Residential Streets 32-foot travel width measured at gutter flow line to gutter flow line with parking restricted to one side and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. B. CUL DE SACS 1) The cul de sac shall conform to the shape shown on the tentative map with a 38-foot curb radius at the bulb or larger as shown on the tentative map. Curve radii for curbs at all street intersections shall not be less than 25 feet. 11. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. Pursuant to this requirement, the Applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement. 12. When the City Engineer determines that access rights to the proposed street right-of-ways shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such right-of-ways, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. P:\Reports - CC\2005\7-5-05\Hughes\TT COA.doc City Council Resolution No. 2005-_ Conditions of Approval - Recommended Tentative Tract 33597 — RT Hughes Co. LLC Adopted: July 5, 2005 13. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. 14. The applicant shall create perimeter landscaping setbacks along all public right- of-ways as follows: A. Madison Street (Secondary Arterial with Class II Bike Lane) - 10-foot from the R/W-P/L. The listed setback depth shall be the average depth where a meandering wall design is approved. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 15. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 16. 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. 17. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAL MAPS 18. Prior to the City's approval of a Final Map, the applicant shall furnish accurate AutoCAD files of the Final Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standard AutoCAD format so as to be fully retrievable into a basic AutoCAD program. J �7 0 P:\Reports - CC\2005\7-5-05\Hughes\TT COA.doc City Council Resolution No. 2005-_ Conditions of Approval - Recommended Tentative Tract 33597 — RT Hughes Co. LLC Adopted: July 5, 2005 Where a Final Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster -image file of such Final Map. The Final Map shall be of a 1 " = 40' scale. 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. 19. 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. 20. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan 1 " = 40' Horizontal B. PM 10 Plan 1 " = 40' Horizontal C. SWPPP 1 " = 40' Horizontal NOTE: A through C to be submitted concurrently. D. Off -Site Street Improvement/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical E. 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. 3'7 7 P:\Reports - CC\2005\7-5-05\Hughes\TT COA.doc City Council Resolution No. 2005-_ Conditions of Approval - Recommended Tentative Tract 33597 — RT Hughes Co. LLC Adopted: July 5, 2005 F. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical NOTE: D through F to be submitted concurrently. The following plans shall be submitted to the Building and Safety Department for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building and Safety Director in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. G. On -Site Residential Precise Grading Plan 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1- foot of cover, or sufficient cover to clear any adjacent obstructions. 21. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the Online Engineering Library at the City website (www.la-quinta.org). Navigate to the Public _Works Department home page and look for the Online Engineering Library hyperlink. 22. 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 3 78 PAReports - CC\2005\7-5-05\Hughes\TT COA.doc City Council Resolution No. 2005-_ Conditions of Approval - Recommended Tentative Tract 33597 — RT Hughes Co. LLC Adopted: July 5, 2005 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 23. Prior to approval of any Final Map, the applicant shall construct all on and off - site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 24. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 25. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. 26. Depending on the timing of the development of this Tentative Tract Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these means, as the City may require. P:\Reports - CC\2005\7-5-05\Hughes\TT COA.doc City Council Resolution No. 2005-_ Conditions of Approval - Recommended Tentative Tract 33597 — RT Hughes Co. LLC Adopted: July 5, 2005 Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first phase of construction or by the issuance of the 20 % Building Permit (add number when applicable). In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 27. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 28. 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 29. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. J13 P:\Reports - CC\2005\7-5-05\Hughes\TT COA.doc City Council Resolution No. 2005-_ Conditions of Approval - Recommended Tentative Tract 33597 — RT Hughes Co. LLC Adopted: July 5, 2005 30. 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. 31. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the 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. 32. 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. 33. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within P:\Reports - CC\2005\7-5-05\Hughes\TT COA.doc City Council Resolution No. 2005-_ Conditions of Approval - Recommended Tentative Tract 33597 — RT Hughes Co. LLC Adopted: July 5, 2005 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. 34. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 35. Building pad elevations of perimeter lots shall not differ by more than one foot higher from the building pads in adjacent developments. 36. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 37. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 38. 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. DRAINAGE 39. 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 38� P:\Reports - CC\2005\7-5-05\Hughes\TT COA.doc City Council Resolution No. 2005-_ Conditions of Approval - Recommended Tentative Tract 33597 — RT Hughes Co. LLC Adopted: July 5, 2005 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. 40. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 41. 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. 42. 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. 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 abovementioned nuisance water requirements. Leach line requirements are 1.108 feet of leach line per gph of flow. 43. 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. 44. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. .333 P:\Reports - CC\2005\7-5-05\Hughes\TT COA.doc City Council Resolution No. 2005-_ Conditions of Approval - Recommended Tentative Tract 33597 — RT Hughes Co. LLC Adopted: July 5, 2005 45. 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. 46. 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. 47. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 48. 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 49. The applicant shall comply with the provisions of Section 13.24.1 10 (Utilities), LQMC. 50. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 51. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 52. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. P:\Reports - CC\2005\7-5-05\Hughes\TT COA.doc City Council Resolution No. 2005-_ Conditions of Approval - Recommended Tentative Tract 33597 — RT Hughes Co. LLC Adopted: July 5, 2005 STREET AND TRAFFIC IMPROVEMENTS 53. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 54. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Madison Street (Secondrary Arterial with Class II Bike Lane; 96' R/W): a) Widening of Madison has been made a requirement of the Travertine Specific Plan. The applicant shall bond for the cost of widening only to its ultimate street width or provide a cash amount (no grading costs shall be required). The applicant shall grant and deed to the City the necessary right of way for the future Madison Street, if asked to do so by the City, prior to the final map recording. If this widening has not been completed within five years of this approval it shall not be required. Other required improvements in the Madison Street right or way and/or adjacent landscape setback area include: b) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. c) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that touches the back of curb at intervals not to exceed 250 feet. P:\Reports - CC\2005\7-5-05\Hughes\TT COA.doc City Council Resolution No. 2005-_ Conditions of Approval - Recommended Tentative Tract 33597 — RT Hughes Co. LLC Adopted: July 5, 2005 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. c) Establish a benchmark in the Madison Street_right of way and file a record of the benchmark with the County of Riverside. 2) Avenue 60 (Local Road, 60' R/W): a) Widen the south side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width on the south side as requirements of these conditions. the south curb face shall be located twenty feet (20') south of the centerline. Other required improvements in the Avenue 60 right or way and/or adjacent landscape setback area include: b) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs c) A minimum 5-foot wide sidewalk with landscaping provided between the curb and the sidewalk as approved by the Community Development and the Engineering Departments. d) An additional street widening along all frontage adjacent to the Tentative Map boundary of fourteen feet 0 4') north of the centerline to accommodate west bound traffic unless street improvements have been constructed by development on the north side of Avenue 60. e) Lighting at the project entry. The applicant shall design and install a single street light or equivalent landscape lighting at the shared entry. Additionally, the applicant or Home Owners Association shall pay for the perpetual maintenance of the street light or landscape lighting. n r► P:\Reports - CC\2005\7-5-05\Hughes\TT COA.doc City Council Resolution No. 2005-_ Conditions of Approval - Recommended Tentative Tract 33597 — RT Hughes Co. LLC Adopted: July 5, 2005 The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). B. PRIVATE STREETS 1) Construct 32-foot wide travel width as shown on the tentative map measured from gutter flow line to gutter flow line, provided parking is restricted to one side and there is adequate off-street parking for residents and visitors, and the applicant makes provisions for perpetual enforcement of the restrictions. 2) The location of driveways of corner lots shall not be located within the curb return and away from the intersection when possible. C. PR.IVATE CUL DE SACS 1) Shall be constructed according to the lay -out shown on the tentative map with 38-foot curb radius or greater at the bulb similar to the layout shown on the rough grading plan. 55. All gated entries shall provide for a three -car minimum stacking capacity for inbound traffic to be a minimum length of 62 feet from call box to the street; and shall provide for a full turn -around outlet for non -accepted vehicles. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around (minimum radius to be 24 feet) out onto the main street from the gated entry. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents, and one lane for visitors. The two travel lanes shall be a minimum of 20 feet of total paved roadway surface or as approved by the Fire Department. 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. J P:\Reports - CC\2005\7-5-05\Hughes\TT COA.doc City Council Resolution No. 2005-_ Conditions of Approval - Recommended Tentative Tract 33597 — RT Hughes Co. LLC Adopted: July 5, 2005 56. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential/Local Secondary Arterial 3.0" a.c./4.5" c.a.b. 4.0" a.c./6.0" c.a.b. or the approved equivalents of alternate materials. 57. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 58. General access points and turning movements of traffic are limited to the following: A. Primary Entry (Avenue 60, 580 feet west of Madison Street): Full turn movements are allowed. B. Secondary Entry (Avenue 60, 1,170 feet west of Madison Street): Full turn movements are allowed for resident traffic only. 59. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 60. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. CONSTRUCTION 61. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in P:\Reports - CC\2005\7-5-05\Hughes\TT COA.doc City Council Resolution No. 2005-_ Conditions of Approval - Recommended Tentative Tract 33597 — RT Hughes Co. LLC Adopted: July 5, 2005 residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPING 62. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 63. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 64. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 65. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. 66. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. QUALITY ASSURANCE 67. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 68. 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. 69. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, P:\Reports - CC\2005\7-5-05\Hughes\TT COA.doc City Council Resolution No. 2005-_ Conditions of Approval - Recommended Tentative Tract 33597 — RT Hughes Co. LLC Adopted: July 5, 2005 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. 70. 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 71. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 72. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. In particular, the applicant shall provide language in the CC&Rs for continuous and perpetual maintenance by the HOA of the landscaped slope easement along Madison Street. FEES AND DEPOSITS 73. 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. 74. 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). MISCELLANEOUS 75. Perimeter wall designs including height, color, material, design shall approved by the Architecture and Landscaping Review Committee and the Planning Commission prior to issuance of building permit for the wall. 76. Proposed street names with a minimum of two alternative names per street shall be submitted to the Community Development Department for approval. J9J P:\Reports - CC\2005\7-5-05\Hughes\TT COA.doc City Council Resolution No. 2005-_ Conditions of Approval - Recommended Tentative Tract 33597 — RT Hughes Co. LLC Adopted: July 5, 2005 Names to be approved prior to recordation of final map. 77. All mitigation measures contained in Environmental Assessment 2005-541 shall be met. 78. Prior to final map approval, the developer shall submit to the Community Development Department for review, a copy of the proposed Covenants, Conditions, and Restrictions (CC&R's) for the project. 79. The CC&R's shall include full disclosure that Madison Street is to be constructed adjacent to the project site, and that the grade of the roadway will be elevated above the project site. 80. This Tentative Tract Map shall expire two years after City Council approval, unless recorded or granted a time extension pursuant to the requirements of Division 13 of the La Quinta Municipal Code. 81. Production homes require approval of a Site Development Permit application by the Planning Commission. 82. The westerly access shall be restricted to exit only for residents, and emergency access only for entry into the site by emergency vehicles. 83. The design of the home on Lot 57 shall incorporate a circular driveway to allow vehicles to leave the lot front-end first. 84. The final map and landscaping plans for the slope adjacent to Madison Street shall include an access easement for maintenance of slope landscaping. 85. Should casitas be part of the home design for the production homes on the site, a master Minor Use Permit for all such casitas shall be secured in conjunction with the Site Development Permit for the production homes. ` r'91 P:\Reports - CC\2005\7-5-05\Hughes\TT COA.doc ATTACHMENT #1 ATTACHMENT #2 Planning Commission Minutes June 14, 2005 on the east end. Staff explained the c' ulation pattern. Commissioner Daniels asked if the buildi should be flipped. Discussion followed regarding building I out. 6. Chairman Kirk asked if the appi. ant would like to address the Commission. Ms. Chris Clark gave a presentation on the project and addressed the conce s raised by the Commission. She clarified that where it ates the color as blue, it is now green. Ms. Clark asked tha a Sign Program be considered at this time. 7. Chairman Kir stated the sign program was not part of the application efore them. Ms. Clarke stated she would like to request continuance to include the sign with this application. 8. It s moved and seconded by Commissioners Daniels/Ladner to it Site Development Permit 2005-835 to July 12, 2005. Unanimously approved. E. Environmental Assessment 2005-541 and Tentative Tract map 33597; a "�— request of R. T. Hughes Co., LLC for consideration of a request to certify a Mitigated Negative Declaration of environmental impact and development plans for the subdivision of 22.97 acres into 57 single- family lots, as well as lots for streets and retention basins located at the southwest corner of Avenue 60 and Madison Street. 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. Staff requested the Commission add a condition to allow one master Minor Use Permit for all the casita units. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked there could be a hammer -head instead of the full cul-de-sac on Lots 6, 7, and 8 and again at 14, 15, 16, to cut down the amount of pavement. Staff stated that if it meets the Fire Department requirements, it would be possible. 3. Commissioner Quill asked if this project would not be reimbursed for the cost of a signal if the Travertine project moved forward. Ms. Criste stated there is not a condition for reimbursement. Commissioner Quill questioned the realignment of a significant 60 foot irrigation line that has never been relocated before. The loss i S G:\WPDOCS\PC Minutes\6-14-O5.doc Planning Commission Minutes June 14, 2005 of one or two lots would be less than moving this line. He noted the City has not received any communication from CVWD or the Bureau of Reclamation as to whether or not this line can even can, or will be relocated. Staff noted CVWD did require the relocation be approved. Commissioner Quill asked if this would be a full improvement of Avenue 60. Staff stated it will be a half street width. Commissioner Quill asked who would be responsible for finishing the street widening if the property to the south is never developed. Assistant City Engineer Steve Speer stated there are other tracts in the process that will complete the street development. 4. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Richard Hughes, the applicant, gave a presentation on the project and stated he had a problem with the condition regarding bonding for the circulation issues. If Travertine is never built he is left with the bonding for the construction of a street that will never be built. This street is an issue for the Travertine project and not his. In regard to the irrigation line, they would not like to move it, but they are trying to resolve the issue with CVWD. Mr. Jerry Green, engineer for the project, spoke regarding the Madison Street improvements. He stated it has no benefit to this project and they do not believe they should be burdened with the cost. He explained the work that would be necessary to construct the street. 5. Commissioner Quill asked if Travertine is not developed, and this developer is required to construct the street, the maintenance of this street could be a waste of public funds as it goes no where. He asked if that were the case, would the street then be deeded back to this developer. Assistant City Engineer Steve Speer stated there are other land owners on the other side of the dike in addition to Travertine. Staff does not expect this developer to widen this street unless a developer on the other side does develop. Staff is requesting a bond be kept in place until such time as this street is removed from the General Plan. Community Development Director Doug Evans stated there is a very significant parcel of land that can be developed without restrictions on the south side of the dike. The only issue for Travertine is the trail. It is becoming realistic that Travertine may be developed. In any other instance a developer would be required to develop the street adjacent to their project. The issue here is the grade difference. G:\WPDOCS\PC Minutes\6-14-05.doc Planning Commission Minutes June 14, 2005 6. Chairman Kirk asked if the applicant had considered extending the lots and having the slope be a part of the lot. Mr. Green stated they have a drainage swale to catch the drainage and they would prefer it be maintained by the HOA. Chairman Kirk asked if the CVWD water efficient landscaping calculations had been submitted. Mr. Green stated no. 7. Chairman Kirk asked if there was any other public comment. There being none, the public hearing was closed and open for Commission discussion. 8. Commissioner Ladner commended the applicant on the design. She questioned the condition for bonding. 9. Commissioner Quill stated he would like staff to tighten -up the condition in regard to the irrigation line relocation. 10. Commissioner Alderson stated that in regard to the configuration of the land, it is an excellent land planning design. 11. Chairman Kirk commended the applicant on the design. He would prefer to see the submittals after they go through the water calculations. Staff stated landscaping plans are not required at the tentative tract submittal. There being no further discussion, the public participation was closed. 12. It was moved by Commissioners Ladner/Alderson to adopt Planning Commission Resolution 2005-024, recommending certification of a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2005-541, as recommended: ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 13. Commissioner Quill questioned the reason this developer is being required to pay for the cost of the Madison Street improvements when it is not to his benefit. Staff explained that if the condition is not required, then there is no one to pay for the improvements. Discussion followed regarding alternatives and solutions to the cost of the street improvements and whether or not they should be required to bond for the grade. - 395 G:\WPDOCS\PC Minutes\6-14-05.doc Planning Commission Minutes June 14, 2005 14. Chairman Kirk stated he would like to see the perimeter landscaping plans at this stage. Community Development Director Doug Evans stated that it has not been the practice of staff to require that at the tentative tract map submittal stage. If the Commission wants to do this, the application process would need to be changed. Staff would discuss this further with the Commission at a future date. Discussion followed regarding alternatives to street improvements. 15. It was moved and seconded by Commissioners Quill/Daniels to adopt Planning Commission Resolution 2005-025, recommending approval of Tentative Tract Map 33597, as recommended and amended: a. Condition #54.A.1.a. The applicant shall bond for the cost of widening only, Madison Street to its ultimate street width or provide a cash amount. The applicant shall grant and deed to the City the necessary right of way for the future Madison Street, if asked to do so by the City, prior to the final map recording. If this widening has not been completed within five years of this approval it shall not be required. b. Condition added: A master Minor Use Permit shall be submitted for all the casita units. ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. F. Envir mental Assessment 2005-533 and Site Development Permit 2005-82R; a request of KKE Architects for consideration of a request to certify a ted Negative Declaration of environmental impact and review of eve;,ment plans for Phase 1 (44,300 sq. ft.) of a 61,650 square foot center n a 6.38 acre site, for the property located on the north side of Highwa 1 1, 1,300 + feet east of Dune Palms Road. 1. Chairman Kirk opene he public hearing and asked for the staff report. Principal Planner tan Sawa presented the information contained in the staff repor a copy of which is on file in the Community Development Depa ent. 2. Chairman Kirk asked if there wereNany questions of staff. J�U G:\WPDOCS\PC Minutes\6-14-05.doc ATTACHMENT 3 54. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Madison Street (Secondary Arterial with Class II Bike Lane; 96' R/W): a) Widening Construction of a 40 foot wide section of Madison has been made a requirement of the Travertine Specific Plan. The applicant shall install and bond for the incremental road bed section and related parkway/transitional slopes at an appropriate design elevation for the applicant's required perimeter sound wall to its ultimate right-of-way beyond the Travertine planned street improvements ^^ t ofwidening enly to its ultimate shall be eq)—The applicant shall grant and deed to the City the necessary right of way for the future Madison Street, if asked to do so by the City, prior to the final map recording. if this widen;,;9-- as not een eempleted within five yeaF6 ef this appFOVal it shall not be The applicant shall work with Travertine to implement the aforementioned right of way and street improvement requirements so that full street improvements may be installed. Should Travertine construct its required 40 foot wide section of Madison Street within 5 years of this approval, the City will use the above -required bonds to pay for the widening and parkway/transitional slope installation. Should Travertine not construct Madison Street within a period of 5 years from the date of this approval, the above -required bonds will be used by the City to construct Madison Street to its ultimate half -width. The balance of the costs associated with the construction will be secured through DIF fees. 17 The applicant shall provide the additional variable right-of- way dedication and street improvements (including curb/gutter) for 7 feet by 310 feet to provide a taper from the 110 foot right-of-way north of Avenue 60 to the required 96 feet of right-of-way required south of Avenue 60 on Madison as approved by the City Engineer. Other required improvements in the Madison Street right or way and/or adjacent landscape setback area include: b) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. c) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that touches the back of curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet, and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. d) Establish a benchmark in the Madison Street right of way and file a record of the benchmark with the County of Riverside. 393 OF T9 COUNCIL/RDA MEETING DATE: July 5, 2005 ITEM TITLE: Continued 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), for the Property 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: A Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2005-544, 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. 399 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On June 21, 2005, the City Council continued this Public Hearing to July 5, 2005 because residents of the Mobile Home Park are required to be notified at least 15 days in advance when a request for entitlements and a change of use is scheduled for City Council consideration. The residents of the Mobile Home Park were personally served and sent letters by registered mail on June 20, 2005. 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 4. 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 and style of architecture. Excerpts from the draft minutes of the Public Hearing are attached (Attachment 2). 0 0 Project Description General Plan Amendment and Zone Change 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 80 proposed units are within a gated community and consist of one-story attached and detached units providing 12 one bedroom units, 40 two bedroom units, and 28 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, the 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 sufficient 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 n the 17-foot high air vent towers. In addition, all of the units utilize solar panels o�' 1 roof. Carports are proposed to be painted metal, which are either attached to, or in 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. Additionaly, each tenant was served personally and by registered mail. 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. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 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, DouglasdR. Evans Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Location Map 2. Excerpts from Planning Commission Minutes of June 14, 2005 3. Reports, Plans and Elevations 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 21" day of June, 2005, hold a duly noticed Public Hearing, and continued said hearing to the 51h day of July, 2005, 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 27th 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\7-5-05\VDMHP cond\cond CC RESO EA 2005-544.doc 4 v `* City Council Resolution No. 2005- Environmental Assessment 2005-544 La Quinta Redevelopment Agency Adopted: July 5, 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: 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\7-5-05\VDMHP cond\cond CC RESO EA 2005-544.doc 4 L? J City Council Resolution No. 2005- Environmental Assessment 2005-544 La Quinta Redevelopment Agency Adopted: July 5, 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. P:\Reports - CC\2005\7-5-05\VDMHP cond\cond CC RESO EA 2005-544.doc City Council Resolution No. 2005- Environmental Assessment 2005-544 La Quinta Redevelopment Agency Adopted: July 5, 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 51h day of July, 2005, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California P:\Reports - CC\2005\7-5-05\VDMHP cond\cond CC RESO EA 2005-544.doc City Council Resolution No. 2005- Environmental Assessment 2005-544 La Quinta Redevelopment Agency Adopted: July 5, 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 P:\Reports - CC\2005\7-5-05\VDMHP cond\cond CC RESO EA 2005-544.doc �! 3 2 0 Environmental Checklist Form Project title: General Plan Amendment 2005-104, Change of Zone 2005-124, Site Development Permit 2005-826, Vista Dunes Redevelopment Project Lead agency name and address: Contact person and phone number: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Fred Baker 760-777-7125 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 6. General plan designation: Current: Low Density Residential Proposed: Medium Density Residential 7. Zoning: Current: Low Density Residential Proposed: Medium Density Residential 8. 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 nn 4i�J 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 410 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 Cultural Resources Hydrology / Water Quality Noise Recreation Air Quality Geology /Soils Land Use / Planning Population / Housing 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 411 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 XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 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. 41? 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. 413 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact H. 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) II. 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. 414 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. 415 Table 1 Demolition Equipment Emissions - Diesel powered (hounds her 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. 41G 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 PM10 PM10 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. III. d) & e) The construction of residential units is not expected to generate objectionable odors, or expose sensitive receptors to pollutant concentrations. 1 "Trip Generation, 76' Edition," Institute of Transportation Engineers, for category 220, Apartments. 417 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would the project: 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 18 other approved local, regional, or state habitat conservation plan? General Plan MEA, pages 74-87) IV. a)- fl 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. 419 IV. a)- fl 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. 419 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V. CULTURAL RESOURCES -- Would the project: 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. 420 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 42 1 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. 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 4 2- 3 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. 424 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 I00-year flood X ��J 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. 4 2- 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 427 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. 428 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 groundbome 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. 42-9 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. 430 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. 4 :y 1 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XHI. 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. 432 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. 4 on 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 4a4 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. 4 %3 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.) 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. 43 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 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. XVH. 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. t:3 0 M N N a� 0 o, N d o°o O N r- 0 b � O U °z . . a a p � a� v� cnCA F F U ° � O a � U a U o o� d 0 > o cd cq o �o a �� N � � tiC7 � N o o��U o H °z� o z x� Y� ICI A U W d H d A A Ox UU 0 0 0 0 0 0 0o 0th ° U 'ter U U F a40, o � o 0 o wo x w� o En 3 ao 0o 53 to z o O F In o M � N �. C5A c0cuts �. '-' o B ao o d d to a� ANC0t N cd U C cd � Vi U U N -d �4 ci o 4,10 RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF 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 st day of June, 2005, hold a duly -noticed Public Hearing, and continued said hearing to the 5" day of July, 2005 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. 441 PAReports - CC\2005\7-5-05\VDMHP cond\cond CC RESO GPA 2005-104.doc City Council Resolution No. 2005- General Plan Amendment 2005-104 City of La Quinta Redevelopment Agency. Adopted: July 5, 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. 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 5th day of July, 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 4A P:\Reports - CC\2005\7-5-05\VDMHP cond\cond CC RESO GPA 2005-104.doc City Council Resolution No. 2005- General Plan Amendment 2005-104 City of La Quinta Redevelopment Agency. Adopted: July 5, 2005 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 443 P:\Reports - CC\2005\7-5-05\VDMHP cond\cond CC RESO GPA 2005-104.doc 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 21st day June, 2005, hold a duly -noticed Public Hearing, and continued said hearing to the 51h day of July, 2005 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. P:\Reports - CC\2005\7-5-05\VDMHP cond\cond CC ORD ZC 2005-124.doc 445 Ordiance No. Zone Change 2005-124 La Quinta Redevelopment Agency Adopted: July 5, 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 51h day of July, 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\7-5-05\VDMHP cond\cond CC ORD ZC 2005-124.doc 4116 Ordiance No. Zone Change 2005-124 La Quinta Redevelopment Agency Adopted: July 5, 2005 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California P:\Reports - CC\2005\7-5-05\VDMHP cond\cond CC ORD ZC 2005-124.doc 447 L 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 st day of June, 2005, hold a duly -noticed Public Hearing, and continued said hearing to 5th day of July, 2005 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" 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. 4(t3 P:\Reports - CC\2005\7-5-05\VDMHP cond\cond CC RESO SDP 2005-826.doc City Council Resolution No. 2005- Site Development Permit 2005-826 La Quinta Redevelopment Agency Adopted: July 5, 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 5th day of July, 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 450 P:\Reports - CC\2005\7-5-05\VDMHP cond\cond CC RESO SDP 2005-826.doc City Council Resolution No. 2005- Site Development Permit 2005-826 La Quinta Redevelopment Agency Adopted: July 5, 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 451. P:\Reports - CC\2005\7-5-05\VDMHP cond\cond CC RESO SDP 2005-M.doc CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2005-826 ADOPTED: JULY 5, 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"►-. 45�. P:\Reports - CC\2005\7-5-05\VDMHP cond\cond CC COA SDP 2005-826.doc City Council Resolution No. 2005-_ Conditions of Approval — Recommended Site Development Permit 2005-826 Adopted: JuLY 5, 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. P:\Reports - CC\2005\7-5-05\VDMHP cond\cond CC COA SDP 2005-826.doc City Council Resolution No. 2005- Conditions of Approval - Recommended Site Development Permit 2005-826 Adopted: JuLY 5, 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 110-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. Q')'� P:\Reports - CC\2005\7-5-05\VDMHP cond\cond CC COA SDP 2005-826.doc City Council Resolution No. 2005-_ Conditions of Approval — Recommended Site Development Permit 2005-826 Adopted: JuLY 5, 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 P:\Reports - CC\2005\7-5-05\VDMHP cond\cond CC COA SDP 2005-826.doc City Council Resolution No. 2005-_ Conditions of Approval — Recommended Site Development Permit 2005-826 Adopted: JuLY 5, 2005 E. Off -Site Street Improvement/ Storm Drain Plan F. Off -Site Signing & Striping Plan 1 " = 40' Horizontal, 1 " = 4' Vertical 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 for 4 J C P:\Reports - CC\2005\7-5-05\VDMHP cond\cond CC COA SDP 2005-826.doc City Council Resolution No. 2005- Conditions of Approval — Recommended Site Development Permit 2005-826 Adopted: JuLY 5, 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 6.1-6, _ (Fugitive Dust Control), LQMC, and 4 J +� P:\Reports - CC\2005\7-5-05\VDMHP cond\cond CC COA SDP 2005-826.doc City Council Resolution No. 2005-_ Conditions of Approval - Recommended Site Development Permit 2005-826 Adopted: JuLY 5, 2005 D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the 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. i _Oft'7A�1 k ATC]: »n 45no P:\Reports - CC\2005\7-5-05\VDMHP cond\cond CC COA SDP 2005-826.doc City Council Resolution No. 2005- Conditions of Approval — Recommended Site Development Permit 2005-826 Adopted: JuLY 5, 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 4 J equivalent of 137.2 gph of water feed per sand filter to accept the P:\Reports - CC\2005\7-5-05\VDMHP cond\cond CC COA SDP 2005-826.doc City Council Resolution No. 2005-_ Conditions of Approval — Recommended Site Development Permit 2005-826 Adopted: JuLY 5, 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. 1 P:\Reports - CC\2005\7-5-05\VDMHP cond\cond CC COA SDP 2005-826.doc City Council Resolution No. 2005-_ Conditions of Approval — Recommended Site Development Permit 2005-826 Adopted: JuLY 5, 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 4 01 (55') north of the centerline and length to be determined by PAReports - CC\2005\7-5-05\VDMHP cond\cond CC COA SDP 2005-826.doc City Council Resolution No. 2005- Conditions of Approval — Recommended Site Development Permit 2005-826 Adopted: JuLY 5, 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 bti P:\Reports - CC\2005\7-5-05\VDMHP cond\cond CC COA SDP 2005-826.doc City Council Resolution No. 2005- Conditions of Approval — Recommended Site Development Permit 2005-826 Adopted: JuLY 5, 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. 4 63 3 PAReports - CC\2005\7-5-05\VDMHP cond\cond CC COA SDP 2005-826.doc City Council Resolution No. 2005- Conditions of Approval — Recommended Site Development Permit 2005-826 Adopted: JuLY 5, 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. P:\Reports - CC\2005\7-5-05\VDMHP cond\cond CC COA SDP 2005-826.doc City Council Resolution No. 2005- Conditions of Approval — Recommended Site Development Permit 2005-826 Adopted: JuLY 5, 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, access ! f j Jr P:\Reports - CC\2005\7-5-05\VDMHP cond\cond CC COA SDP 2005-826.doc City Council Resolution No. 2005- Conditions of Approval — Recommended Site Development Permit 2005-826 Adopted: JuLY 5, 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 460 PAReports - CC\2005\7-5-05\VDMHP cond\cond CC COA SDP 2005-826.doc City Council Resolution No. 2005- Conditions of Approval — Recommended Site Development Permit 2005-826 Adopted: JuLY 5, 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 4 6 w the Sheriff's Department should be directed to the Deputy at (760) 863-895 P:\Reports - CC\2005\7-5-05\VDMHP cond\cond CC COA SDP 2005-826.doc City Council Resolution No. 2005- Conditions of Approval — Recommended Site Development Permit 2005-826 Adopted: JuLY 5, 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. 4 G 3 PAReports - CC\2005\7-5-05\VDMHP cond\cond CC COA SDP 2005-826.doc ATTACHMENT#1 iITE LOU PROJECT LOCATION MAP 4e0 ATTACHMENT #2 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA June 14, 2005 CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commissio was called to order at 7:00 p.m. by Chairman Kirk who asked Co issioner Daniels to lead the flag salute. B. Present: Commissioners Ed Ald son, Rick Daniels, Kay Ladner, Paul Quill and Chairman Kirk. C. Staff present: Communi Development Director Doug Evans, Assistant City Attorney Michael ouston, Assistant City Engineer Steve Speer, Consulting Planner N' ole Criste, Principal Planner Stan Sawa, Associate Planner Wallace N bit, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: III. CONFIRMATION OF THE AGENDA: A. ChairmY6 Kirk asked if there were any corrections to the Minutes of May 24, 05. There being none, it was moved and seconded by Co issioner Daniels/Alderson to approve the minutes as submitted. IV. CONSE➢4T ITEMS: None. V. PUBLIC HEARINGS: A. Environmental assessment 2005-544, General Plan amendment 2005- 104, Zone Change 2005-124, and Site Development Permit 2005-826; 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. 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 4#"Io G:\WPDOCS\PC Minutes\6-14-05.doc Planning Commission Minutes June 14, 2005 Frank Spevacek and Jon McMillen of RSG, who elaborated on the project and introduced the rest of the design team. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked what the opportunities were to create a pedestrian walkway from the development to the City park. Staff stated originally there was an access, but after discussing the project with the Sheriff's Department it was their determination not to have access to the City park. Commissioner Daniels asked if children would be allowed in the development. Staff stated yes. Commissioner Daniels asked what they would have to do to access the park. Staff stated they walk out the front gate and around the corner to get to the park. 3. Commissioner Alderson asked if the merged retention basins would be grass. Staff stated the existing basin would remain turf with the new basin transitioning from a more native material to the grass. Commissioner Alderson asked if there were any legal ramifications to joining the two. Staff stated no, as the City owns both basins. 4. Commissioner Quill asked the size of the living space of the units. Also, what will happen to the large Oak tree next to the retaining wall? Staff stated that will be resolved in the final design stages. Mr. Jon McMillen, RSG, stated the church did want to leave it there in the beginning. Now it is dying and they are going to remove it to locate a storage facility in this location. Ms. Robin Vettraino, gave the dimension of the units. 5. Commissioner Alderson asked if each unit had their own storage unit. Ms. Vettraino stated there is one per tenant. 6. Chairman 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. 47 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. 8. Chairman Kirk stated the project request is to approve a General Plan Amendment and Zone Change. Why not take advantage of the density bonus? Why not designate it Medium High Density. Staff stated it could be increased. The Commission could make the findings to increase the density. Chairman Kirk asked who internally reviewed the project. Staff stated it is the same level of review for any development and in this instance probably more. Chairman Kirk asked if we were reducing the number of affordable units. Mr. Frank Spevacek, RSG, City's Redevelopment consultant, explained the City's Redevelopment Agency (RDA) purchased the property and even though the City may reducing the total number of units currently by 13. Under State law this would be converted to a different project if the Agency did not buy it and any affordable units would be lost. From the RHNA numbers, we would gain 80 affordable units. 9. Commissioner Quill asked if the density is increased the applicable number of units that could be allowed, do we negate what has been done in terms of the Environmental Assessment. Assistant City Attorney Michael stated no because the approval is specific to the request being sought. 10. Commissioner Daniels asked why the basketball court and picnic area were not reversed in regard to their location to put the noise closer to the street. Staff stated the basketballs could end up in the street and staff did not want to break up the picnic areas. 11. 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 G:\WPDOCS\PC Minutes\6-14-05.doc Planning Commission Minutes June 14, 2005 people in each unit would be predetermined and overseen by the management company. You can have restrictions, but there are 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 the access to the City park, it was designed to keep it open, but based on the Sheriff's Department comments, the access was closed. 12. There being no further public comment, the public participation portion of the hearing was closed and open for Commission discussion. 13. Commissioner Alderson commended the use of solar panels and stated he liked the architecture. 14. Commissioner Quill stated he too likes the architecture. He does question the Architecture and Landscape Review Committee (ALRC) condition in regard to the Date Palm trees. He does not believe it is a big enough safety issue to have them removed. He has strong objection to having the tenants closed off from the City park when there is a direct access available. He asked who the reviewing agent would be for the rental documents. Staff stated it will be part of the selection process the Agency will go through to select a firm to manage the site. 15. Commissioner Ladner commended those who are working on this project as there isn't enough affordable housing in the Valley. She understands the need for maintenance free units, but has a problem with the architecture. In regard to the gate to the park, she too strongly believes the tenants should have access. If it becomes a problem, the management company can control it. She asked if the basketball court would have restricted hours. Staff stated it is anticipated it would be. Commissioner Ladner suggested it not be lighted. 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 4,7, a ki, G:\WPDOCS\PC Minutes\6-14-05.doc Planning Commission Minutes June 14, 2005 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. 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 court. 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 design is well done and sensitive to the neighboring community. 18. Commissioner Ladner stated she believes this architecture is much less than what was turned down at the last meeting. 19. Commissioner Quill stated it is a contemporary design and computer generated pictures do not always do justice. 20. Commissioner Alderson stated that to introduce a window on the streetscape would put a window in the living room and dining room and he would believe this would be advantageous to the home. Mr. Spevacek stated they did not want the windows to reduce heat load and air conditioning costs. 21. It was moved and seconded by Commissioners Daniels/Quill to adopt Planning Commission Resolution 2005-020 recommending certification of a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2005-544. ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 22. It was moved and seconded by Commissioners Quill/Daniels to adopt Planning Commission Resolution 2005-021 recommending approval of General Plan Amendment 2005-104, as recommended and amended: a. Change the zoning from Medium Density to Medium High Density. 474 G:\WPDOCS\PC Minutes\6-14-05.doc Planning Commission Minutes June 14, 2005 91 ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 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, Daniels, Ladner, Quill and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 24. It was moved and seconded by Commissioners Quill/Alderson to adopt Planning Commission Resolution 2005-023 recommending approval of Site Development Permit 2005-826, as recommended and amended: a. Add Condition: An open connection shall be provided to the City park at the north end. b. Condition #81: Delete reference to the deleting the date palm trees. c. Condition added: The basketball court shall be moved to the south 15 feet from property line. d. Condition added: Plan 2 elevation shall be modified where possible to add windows to the east. If not possible on the west, some other type of architecture treatment shall be added. ROLL CALL: AYES: Commissioners Alderson, Daniels, Quill and Chairman Kirk. NOES: Commissioner Ladner. ABSENT: None. ABSTAIN: None. 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