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2006 05 16 CC6:�#, 4 kadja City Council Agendas are Available on the City's Web Page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting TUESDAY, MAY 16, 2006, 2:00 P.M. Beginning Resolution No. 2006-51 Ordinance No. 427 CALL TO ORDER Roll Call: Council Members: Henderson, Kirk, Osborne, Sniff, and Mayor Adolph PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. CLOSED SESSION NOTE: Time permitting the City Council may conduct Closed Session discussions during the dinner recess. In addition, persons identified as negotiating parties are not invited into the Closed Session meeting when the Agency is considering acquisition of real property. 1. CONFERENCE WITH LABOR NEGOTIATORS, MICHAEL O'CONNOR, JOHN RUIZ AND SKI HARRISON REGARDING NEGOTIATIONS WITH THE LA QUINTA CITY EMPLOYEES ASSOCIATION PURSUANT TO SECTION 54957.6, MEET AND CONFER PROCESS. City Council Agenda 1 May 16, 2006 2. CONFERENCE WITH THE CITY'S REAL PROPERTY NEGOTIATOR, MICHAEL O'CONNOR, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF CALLE TAMPICO AND DESERT CLUB DRIVE. PROPERTY OWNER/NEGOTIATOR: CHICAGO TITLE, FRED PARVEY. 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION, PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION - CITY MANAGER. 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 MAY 2, 2006 City 9 Council Agenda 2 May 16, 2006 o1.1 CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. 1. APPROVAL OF DEMAND REGISTER DATED MAY 16, 2006. 2. RECEIVE AND FILE TREASURER'S REPORT DATED MARCH 31, 2006. 3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED MARCH 31, 2006. 4. AUTHORIZATION TO PURCHASE A MOBILE STAGE FOR SPECIAL EVENTS. 5. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY SAFETY MANAGER TO ATTEND THE CALIFORNIA SPECIALIZED TRAINING INSTITUTE, SPONSORED BY THE GOVERNOR'S OFFICE OF EMERGENCY SERVICES "EMERGENCY SERVICES COORDINATOR BASIC TRAINING," PACIFIC GROVE, CALIFORNIA, JUNE 6-8, 2006. 6. APPROVAL OF A REVISED COOPERATIVE AGREEMENT WITH THE CITY OF INDIO FOR THE DESIGN AND CONSTRUCTION OF TRAFFIC SIGNAL IMPROVEMENTS AND APPROVAL TO AWARD A CONTRACT TO DBX, INC., FOR THE CONSTRUCTION OF THE DUNE PALMS ROAD AT WESTWARD HO DRIVE IMPROVEMENTS, PROJECT NO. 2004-07A. 7. APPROVAL OF THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE AND AUTHORIZATION TO ADVERTISE FOR BID FOR THE JEFFERSON STREET AT AVENUE 49 TRAFFIC SIGNAL IMPROVEMENTS, PROJECT NO. 2004-07B. 8. ADOPTION OF A RESOLUTION OF THE CITY COUNCIL APPROVING THE TRANSFER AND ASSIGNMENT OF THE CITY'S SOLID WASTE COLLECTION AND RECYCLING SERVICES FRANCHISES FROM WASTE MANAGEMENT OF THE DESERT TO BURRTEC WASTE AND RECYCLING SERVICES, AND APPROVING AMENDED FRANCHISE AGREEMENTS WITH BURRTEC WASTE AND RECYCLING SERVICES. 9. APPROVAL OF CONTRACT EXTENSION FOR ONE YEAR WITH HILTON, FARNKOPF & HOBSON, LLC FOR AB 939 SERVICES FOR FISCAL YEAR 2006/2007. 10. ADOPTION OF THE CITY'S ECONOMIC DEVELOPMENT PLAN FOR FISCAL YEAR 2006/2007. City Council Agenda 3 May 16, 2006 1 1. AUTHORIZATION TO DISTRIBUTE A REQUEST FOR PROPOSALS FOR A BUS STOP WITH A LIBRARY THEME. BUSINESS SESSION 1. CONSIDERATION OF THE COACHELLA VALLEY MULTI -SPECIES HABITAT CONSERVATION PLAN, FINAL ENVIRONMENTAL IMPACT REPORT AND ENVIRONMENTAL INITIAL STUDY AND IMPLEMENTING AGREEMENT. A. RESOLUTION ACTION 2 CONSIDERATION OF THE LA QUINTA MARKETING PLAN FOR FISCAL YEAR 2006/2007. A. MINUTE ORDER ACTION 3. CONSIDERATION OF INCREASING HOURS OF OPERATION AT THE LA QUINTA PUBLIC LIBRARY. A. MINUTE ORDER ACTION 4. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE CRITERIA FOR THE VETERANS RECOGNITION PROGRAM. A. MINUTE ORDER ACTION 5. CONSIDERATION OF COMMUNITY SERVICES COMMISSION WORK PLAN FOR FISCAL YEAR 2006/2007. A. MINUTE ORDER ACTION STUDY SESSION 1. DISCUSSION OF LA QUINTA'S SPHERE OF INFLUENCE AND POTENTIAL ANNEXATION POLICY. City Council Agenda 4 May 16, 2006 REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (HENDERSON) 2. CITY COUNCIL AD HOC COMMITTEE REPORTS 3. CVAG COMMITTEE REPORTS 4. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (HENDERSON) 5. C.V. CONSERVATION COMMISSION (SNIFF) 6. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (RON PERKINS) 7. C.V. MOUNTAINS CONSERVANCY (SNIFF) 8. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 9. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (OSBORNE) 10. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 11. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (HENDERSON) 12. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 13. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 14. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 15. SAN JACINTO/SANTA ROSA NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 16. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 17. SILVERROCK SUBCOMMITTEE 18. ARCHITECTURE AND LANDSCAPING REVIEW COMMITTEE MINUTES OF APRIL 5, 2006 19. PLANNING COMMISSION MINUTES OF APRIL 11, 2006 20. HISTORIC PRESERVATION COMMISSION MINUTES OF MARCH 16, 2006 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS B. REPORT REGARDING THE BOB HOPE CHRYSLER CLASSIC 2. CITY ATTORNEY — NONE 3. CITY CLERK A. REPORT ON UPCOMING EVENTS • 4. BUILDING AND SAFETY DEPARTMENT MONTHLY REPORT FOR APRIL 2006 5. COMMUNITY DEVELOPMENT DEPARTMENT MONTHLY REPORT FOR APRIL 2006 6. COMMUNITY SERVICES DEPARTMENT MONTHLY REPORT FOR APRIL 2006 7. FINANCE DEPARTMENT REPORT - NONE 8. PUBLIC WORKS DEPARTMENT MONTHLY REPORT FOR APRIL 2006 9. POLICE DEPARTMENT MONTHLY REPORT FOR APRIL 2006 , 10. FIRE DEPARTMENT QUARTERLY REPORT MAYOR'S AND COUNCIL MEMBERS' ITEMS — NONE City Council Agenda 5 0.100 May 16, 2006 10 s RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7:00 P.M. PUBLIC COMMENT This is the time set aside for public comment on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three (3) minutes. Please watch the time clock on the speakers podium. PRESENTATIONS - NONE PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. Any person may submit written comments to the La Quinta City Council before a public hearing and may appear and be heard in support of, or in opposition to, the approval of project(s) at the time of the hearing. If you challenge any project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in . written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION APPROVING TENTATIVE TRACT MAP 34243, THE SUBDIVISION OF 20 ±ACRES INTO 70 SINGLE-FAMILY LOTS, LOCATED ON THE NORTH SIDE OF AVENUE 58, 1000 ± WEST OF MADISON STREET. APPLICANT: INNOVATIVE COMMUNITIES A. RESOLUTION ACTION(S) 2. JOINT PUBLIC HEARING WITH THE REDEVELOPMENT AGENCY TO CONSIDER THE SALE OF REAL PROPERTY LOCATED AT 53-205 AVENIDA NAVAFft BY. AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND KIM LOUTSENHIZER. A. MINUTE ORDER ACTION City Council Agenda 6 May 16, 2006 3. JOINT PUBLIC HEARING WITH THE REDEVELOPMENT AGENCY TO CONSIDER THE SALE OF REAL PROPERTY LOCATED AT 53-195 AVENIDA CARRANZA BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND CORINA GOMEZ. A. MINUTE ORDER ACTION 4. PUBLIC HEARING REGARDING AN APPEAL OF THE CITY OF LA QUINTA TAX ADMINISTRATOR'S APRIL 19, 2006 DETERMINATION REVOKING THE CASITAS LAS ROSAS, LLC TRANSIENT OCCUPANCY TAX PERMIT. A. MINUTE ORDER ACTION ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on June 6, 2006 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. DECLARATION OF POSTING I, June S. Greek, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of May 16, 2006, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 111, on Friday, May 12, 2006. DATED: May 12, 2006 JUNE S. GREEK, MMC, City Clerk City of La Quinta, California Ilk City Council Agenda 7 May 16, 2006 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- 7103, 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 Manager's Office at 777- 7030. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the 3:00 PM session or the 7:00 PM session. City Council Agenda 8 r. May 16, 2006 � t�wctQ•c U - INCO PORATID OF f COUNCIL/RDA MEETING DATE: May 16, 2006 ITEM TITLE: Demand Register Dated May 16, 2006 a" AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING RECOMMENDATION: Approve Demand Register Dated May 16, 2006 BACKGROUND: Prepaid Warrants: 68311 - 683541 1619994.59 68355 - 683751 179682.55 68376 - 68376} 2,081.00 Voids) (1,418.00) Wire Transfers) 875792.47 P/R 33249 - 332691 164,931.97 P/R Tax Transfers) 435276.21 Payable Warrants: 68377 - 684831 158779656.35 $253535997.14 FISCAL IMPLICATIONS: Demand of Cash -City $2,308,164.13 Demand of Cash -RDA $45,833.01 z H tom: ...::, a,Cc►!l• .a .. John M. Falconer, Fin nce D rector 000 � r --t I 1 NO -t O o 10 r- t- a� I I \ I Y J I 0 [] [] G N N O to O c- NO I U Q I W W W W 00 00 % Ln ti ti O I w F- 1 C G t7 G 00 LU f V w I U F- I O O O O 0` 00 M N `O 00 U w I 1 > > > > Q m 1 1 C1. 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I I Z x I 1 r- Q w I 1 tn w I I L C7 I I 1 !- I N1 1 Z I M I O O I ti 1 O Z I I U I 1 I Q I 0 1 I � 1 I 1 I I 1 I W I %0 1 � I 0 I in W 1 O I \H 1 N I Y Q I \ 1 U G 1 ti I W I N 1 S 1 \ 1 I 0 1 Y I I Z I 0 1 Co I 0 10 Q 1 I � ►-� I I U •• Z I I Z M 1 • O 1 N 0 1 O Z I •• tL I J I I W N Q I w w O I m Z N 0 a Ln C: Y O O �I ZU 1 N� O Q I I 0 N F- I CC O 1 F- O \JZ 1 0> I S w ti 0% H I p I C7 C7 cm M I Z I Q \M C'l 1 ui 1 w W > I 3 OC'�Q 1 I J I 1 W I w£LL. 1 OU Ln ccQO I Z►-4 I �t O` Q cc 1 00 1 _t St \0 C_0r I p>z 1 0 r--00 w O H I Z Z 1 O O N = a: " I W 1-4I O 0 � C_ C_ (1I> I 0 00 0 C 4 COUNCIL/RDA MEETING DATE: May 16, 2006 Receive and File Transmittal of Treasurer's Report for March 31, 2006 RECOMMENDATION: Receive and file. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Receive and File Transmittal of Treasurer's Report dated March 31, 2006 for the City of La Quinta. FINDINGS AND ALTERNATIVES: I certify that this report accurately reflects all pooled investments and is in compliance with California Government Code Section 53645 as amended 1 /1 /86; and is in conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds. I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet next month's estimated expenditures. Respectfully submitted, John M. Falcon r, Finance Director Approved for Submission by: Thomas P. Genovese, City Manager. Attachment 1: Treasurer's Report, City of La Quinta CC � 4-9- MEMORANDUM TO: La Quinta City Council FROM: John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurer's Report for March 31, 2006 DATE: April 30, 2006 Attached is the Treasurer's Report for the month ending March 31, 2006. The report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Department. The following table summarizes the changes in investment types for the month: Investment Beginning Purchased Notes Sold/Matured Other Ending Change Cash (3) $ 1,232,746 $ 342,980 (1) $1,575,726 $342,980 LAIF 25,699,252 2,750,000 (250,000) 28,199,252 2,500,000 US Treasuries (2) 132,208,835 39,208,000 (40,000,000) (475,867) 130,940,968 (1,267,867) US Gov't Sponsored Enterprises (2) 34,703,370 42,500 34,745,870 42,500 Commercial Paper (2) - 0 0 0 Corporate Notes Mutual Funds - 11,133,458 1 5,115,000 0 6,018,458 0 5,115,000 Total 1 $ 205,696,124 $ 42,300,980 1 $ 45,365,000 $ 433,367 $ 201,480,274 1 $ 3,497,387 I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy except as follows: The Federal Home Loan Bank maximum was exceeded on January 18, 2006, as reported on page 2, and is expected to come into conformity on December 15, 2006. As of March 31, 2006, the market of the investment value was $7,544,687 and the amortized cost plus accrued interest was $7,573,302 for an unrealized loss of $28,615. Management intends to hold the investment to maturity. As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. The City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. y . Falconer e Director/Treasurer Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month. Date (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments. 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Type Book _ Wells Fargo - Demand No Checking $ 1,550,585 Petty Cash - Demand No N/A 1,000 Fargo/Housing - Demand Yes Checking 24,141 __Wells _ Total - Bank Accounts $ 1,575,726 U. S. Treasury Amortized Custodian - Availability Surplus IssuerfType Value Bank of New York - Demand Yes U.S. Treasury Bill 8,972,815 Bank of New York - Demand Yes U.S. Treasury Bill 9,953,108 Bank of New York - Demand Yes U.S. Treasury Bill 4,968.629 Bank of New York - Demand Yes U.S. Treasury Bill 9,961,538 Bank of New York - Demand Yes U.S. Treasury Note 3,958,255 Bank of New York - Demand Yes U.S. Treasury Note 4,950,226 Bank of New York - Demand Yes U.S. Treasury Bill 4,883,997 Bank of New York - Demand Yes U.S. Treasury Note 5.000,294 Bank of New York - Demand Yes U.S. Treasury Note 1 4,991,064 Total- U.S. Treasury 57,639,926 U. S. Government Sponsored Enterprises Custodian - Availability surplus Issuer/Type Amortized Value Bank of New York - Demand Yes FHLB 4,973,147 Bank of New York - Demand Yes FHLB-Discount 2,907,389 Bank of New York - Demand Yes FHLB 1,988,109 Bank of New York - Demand Yes FHLB 7,498,146 Bank of New York - Demand Yes FNMA 4,958,625 Bank of New York - Demand Yes FHL Mortgage 2,510,428 Bank of New York - Demand Yes FARM CREDIT 4,978,138 Bank of New York - Demand Yes FNMA 1 4,931,888 _ Total - U.S. Government Securities 1 1 34,745,870 Prime Commercial Paper Book Custodian - Availability Sur lus Issuer/T Value - . — Yes Yes Yes _ Total - Prime Commercial Paper Local Agency Investment Fund Name - Availability Surplus Type Book LAIF - City -Demand Yes State Pool 24,498,012 LAIF - RDA - Demand Yes State Pool 3,701,240 Total - State Pool 28,199,252 Surplus Surplus Yes Ad' Yes _ 24,141 24,141 _ $ 24,141 $ - $ 24,141 Surplus Surplus Yes Ad' Yes 8,972,815 8,972,815 9,953,108 9,953,108 4,96&,629 4,968,629 9,961,538 9,961,538 3,958,255 3,958,255 4,950,226 4,950,226 4,883,997 4,883,997 5,000,294 5,000,294 4,991,064 4,991,064 57,639,926 57,639,926 Surplus Yes Ad' Surplus Yes 4,973,147 4,973,147 2,907,389 2,907,389 1,988,109 1,988,109 7,498,146 7,498,146 4,958,625 4,958,625 2,510,428 2,510,428 4,978,138 4,978,138 4,931.888 4,931,888 Surplus Surplus Yes Ad' Yes Surplus Surplus Yes Ad' Yes 44,498,012 201,441 24,699,453 3,701,240 3,701,240 28,199,252 201.441 28,400,693 Surplus Surplus No Ad' No $ 1,550,585 $ (201,441) $ 1,349,144 1,000 1,000 $ 1,551,585 $ 201.441) $ 1,350,144 Surplus No Surplus No --Adi Surplus No Adj Surplus All Funds Surplus Actual % Yes 0.7821% 0.01211/6 All Funds ' Surplus Actual % Yes �I� 28.6082% 28.8012 All Funds Surplus Actual % _ Yes 17.2453% 17.3616% Surplus Surplus No Adi_ No All Funds Surplus Actual % Yes I 0.000()% 0.0000 Surplus Surplus All Funds Surplus No Ad' No Actual % Yes 13.9960% 14.1911 Total City Investments 120,585,048 F 120,585,048 201,441 1 120,786,489 59.8496 % 60.3540 Total City Cash & Investments 122,160,774 120,609,189 201,441 120,810,630 1,551,585 (201,441)1 1,350,144 1 60.6316% 1 60.3660% Fiscal Agent Investments Portfolio - City Investments Amortized Custodian - Availability Sur lus Issuer/T Value 2002 RDA U.S. Bank-CIP Yes U.S.Treasury Bill 10,177,263 2004 Finance Authority -CIP Yes U.S.Treasury Bill 29,692,736 2004 Finance Authority -CIP 2004 Finance Authority Yes Yes U.S.Treasury Bill U.S.Treasury Note 9,010,149 24,420.894 _-CIP Total- U.S. Treasury73,301,042 Portfolio - Mutual Funds - Availabilit ____ Surplus Money Market Mutual Fund Book Value _ __Trustee Civic Center U.S.Bank - Project YES 1st American - Civic Center U.S.Bank - Debt Svc YES 1st American 171,423 1994 RDA U.S. Bank -Debt Svc YES 1st American 56 1995 RDA U.S.Bank - CIP YES 1st American 1995 RDA U.S.Bank - Special Fund YES 1st American 2004 Fin Auth - 1995 US Bank - Escrow YES 1st American 1998 RDA U.S.Bank - CIP YES 1st American - 1998 RDA U.S.Bank - Dbt Svc YES 1st American 45 1998 RDA U.S.Bank - Special Fund YES 1st American 17 1998 RDA U.S.Bank - CIP YES 1st American - 2001 RDA U.S. Bank - Dbt Svc YES 1st American 133 2001 RDA U.S. Bank - CIP YES 1st American - 2002 RDA U.S. Bank - Dbt Svc YES 1st American 103 Z002 RDA U.S. Bank - CIP YES 1st American 1,206,973 2003 Taxable RDA U.S. Bank - DS i YES 1st American 86 2003 Taxable RDA U, S. Bank -COI YES 1st American 2003 Taxable RDA U S. Bank-CIP YES 1st American 2004 Fin Auth US Bank • CIP YES 1 st American 4,639,380 2004 Fin Auth US Bank - COI YES 1 st American 242 Subtotal - Mutual Fund 6,018,458 Surplus Surplus Yes Ad' Yes 10,177,263 10,177,263 29,692,736 29,692,736 9,010,149 9,010,149 24,420.894 24,420,894 73,301.042 73, 301, 042 Surplus Yes Ad' Surplus Yes 171,423 171,423 56 56 45 45 17 17 133 133 103 103 1,206,973 1,206,973 86 86 4,639,380 4,639,380 242�,6,01 6,018,458 Surplus Surplus No Adi No Surplus �— Surplus No Ad No All Funds I Surplus Actual % Yes -7-- 36.3812% 36 6267%, I Funds Surplus ,tual % Yes i 1I� Total Fiscal Agent Investments 79,319,500 79,319,500 79,319,500 39.3684 % 39.6340 Grand Total 201,480,274 1 199,928,689 1 201.441 200,130,130 1,551,585 201,441 1,350,144 1 1100.0000%1100.0000%] 7 0 MNmo:; NIC01- 00.-N M (n�Ia) cr 0r-f-0MM M M(0 a) 0)00DN 00 fzt0 NLQ a)(N14 CV (D n tO (O d) d) 0 0 O O M D1 I t17 M N O Cl) O M O CO M tO 0� d N Ul O)eM U7 tnO M N OO � I(n M f` c0 (Nn . 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C C C d- CCC.x>Q Q Q Q (n Q J 10 U= Q Q Q Cn Q J Q Q Q M Q J Q Q Q (n Q J Q Q Q N J L �1 'I ccco G I; I' I! 1 tL 1 N t C co E .1 c . c Q ii 1 0 ,n oD m E N • r � N — C O O � Q Ui i i w C 0 I 0 1 N N >c ti L i L C L 1 U N aw - 5 > C 0 c � A L 1 a Q N Cf d 1 J 4w O •E w w 4- 0 C LO N N CD ._ t O •lC t) m N .� L Q IL V o 0 0 0 o cy o o 0 0 0 0-0- ■ In O i LO O IO O LO O I V O O I C) O cli a N N O O 1a AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: May 16, 2006 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Receive and File Transmittal of Revenue and Expenditure Report for March 31, 2006 PUBLIC HEARING: RECOMMENDATION: Receive and File BACKGROUND AND OVERVIEW: Transmittal of the March 31, 2006 Statement of Revenue and Expenditures for the City of La Quinta. Res ectfully submitted, ohn M. Falconer, Finance Director Approved for submission by: homas P. Genovese, City Manager Attachments 1: Revenue and Expenditures Report, March 31, 2006 G� 6 0 CITY OF LA QUINTA REVENUES - ALL FUNDS 07/01/2005 - 03/31/06 FUNDS BUDGET RECEIVED RECEIVED General $28,460,703.00 $22,646,885.42 79.60% Library 1,530,800.00 356,586.00 23.30% Gas Tax Revenue 628,617.00 589,310.49 93.70% Federal Assistance 517,307.00 445,180.69 86.10% Urban Forestry 1,100.00 0.00 0.00% Slesf (Cops) Revenue 100,700.00 101,413.74 100.70% Local Law Enforcement 0.00 0.00 0.00% Indian Gaming 201,142.00 183,635.56 91.30% Lighting & Landscaping 842,200.00 421,810.98 50.10% RCTC 2,056,829.00 383,719.21 18.70% Development Funding 408,000.00 0.00 0.00% Quimby 4,715,015.00 5,918,494.08 125.50% Infrastructure 20,000.00 17,239.89 86.20% Village Parking 0.00 0.00 0.00% South Coast Air Quality 42,200.00 35,038.43 83.00% Cmaq/lstea 0.00 0.00 0.00% Transportation 1,261,200.00 2,671,308.46 211.80% Parks & Recreation 446,000.00 935,059.88 209.70% Civic Center 306,000.00 518,547.89 169.50% Library Development 177,500.00 391,878.00 220.80% Community Center 54,600.00 144,968.88 265.50% Street Facility 48,000.00 63,975.36 133.30% Park Facility 12,000.00 17,536.94 146.10% Fire Protection Facility 74,500.00 141,690.30 190.20% Library Development (County) Facili 0.00 (0.46) 0.00% Arts In Public Places 120,500.00 284,667.91 236.20% Interest Allocation 0.00 0.00 0.00% Capital Improvement 73,871,641.00 17,672,180.13 23.90% Assessment District 2000-1 3,608.00 4,682.04 129.80% Equipment Replacement 397,000.00 398,913.18 100.50% Information Technology 443,000.00 444,608.34 100.40% Park Equipment & Facility 256,300.00 261,367.15 102.00% SilverRock Golf 3,720,155.00 2,287,113.04 61.50% SilverRock Golf Reserve 69,353.00 207.31 0.30% LQ Public Safety Officer 2,100.00 2,260.12 107.60% La Quinta Financing Authority 5,867,556.00 5,681,321.63 96.80% RDA Project Area No. 1 51,343,200.00 31,136,746.77 60.60% RDA Project Area No. 2 41,537,407.00 31,692,625.69 76.30% Total $219 536,233.00 $125 850,973.05 57.30% 0CC 61 CITY OF LA QUINTA EXPENDITURES - ALL FUNDS 07/01/2005 - 03/31/06 FUNDS BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET PERCENT General $30,435,594.00 $15,562,295.31 $109,851.18 $14,763,447.51 51.1 % Library 1,352,978.00 499,140.89 0.00 853,837.11 36.9% Gas Tax 724,732.00 478,032.80 0.00 246,699.20 66.0% Federal Assistance 517,307.00 267,869,31 0.00 249,437.69 51.8% Urban Forestry 0.00 0.00 0.00 0.00 0.0% Slesf (Cops) Revenue 101,400.00 0.00 0.00 101,400.00 0.0% Local Law Enforcement Indian Gaming 344 082.00 86,524.72 0.00 257,557.28 251 % Lighting & Landscaping 842,200.00 631,649.98 0.00 210,550.02 75.0% RCTC 2,056,829.00 368,999.21 0.00 1,687,829.79 17.9% Development Agreement 408,000.00 0.00 0.00 408,000.00 0.0% Quimby 645,133.00 455,822.53 0.00 189,310.47 70.7% Infrastructure 721,353.00 232,188.40 0.00 489,164.60 32.2% Village Parking (1,893.00) 0.00 0.00 (1,893.00) 0.0% South Coast Air Quality 26,600.00 14,129.83 0.00 12,470.17 53.1 % Cmaq/lstea 0.00 0.00 0.00 0.00 0.0% Transportation 7,322,318.00 3,100,163.46 0.00 4,222,154.54 42.3% Parks & Recreation 223,358.00 217,526.51 0.00 5,831.49 97.4% Civic Center 3,350,291.00 245,035.62 0.00 3,105,255.38 7.3% Library Development 82,000.00 62,518.90 0.00 19,481.10 76.2% Community Center 0.00 0.00 0.00 0.00 0.0% Street Facility 0.00 0.00 0.00 0.00 0.0% Park Facility 0.00 0.00 0.00 0.00 0.0% Fire Protection 37,000.00 27,961.96 0.00 9,038.04 75.6% Library County DIF 0.00 0.00 0.00 0.00 0.0% Arts In Public Places 535,121.00 266,072.98 0.00 269,048.02 49.7% Interest Allocation 0.00 0.00 0.00 0.00 0.0% Capital Improvement 73,871,641.00 17,672,180.13 72,421.62 56,127,039.25 23.9% Proposed Assessment Dit 17,316.00 315,168.32 0.00 (297,852.32) 1820.1% Equipment Replacement 1,116,585.00 188,634.24 42,947.09 885,003.67 16.9% Information Technology 648,043.00 120,605.35 0.00 527,437.65 18.6% Park Maintenance Facility 0.00 0.00 0.00 0.00 0.0% SilverRock Golf 4,306,662.00 3,102,728.40 0.00 1,203,933.60 72.0% Lq Public Safety Officer 2,000.00 0.00 0.00 2,000.00 0.0% La Quinta Financing Authc 5,867,556.00 5,692,026.26 0.00 175,529.74 97.0% RDA Project Area No. 1 69,774,485.00 35,435,311.71 0.00 34,339,173.29 50.8% RDA Project Area No. 2 92,485,500.00 21,967,321.42 0.00 70,518,178.58 23.8% Total 297,814,191.00 107,009,908.24 225,219.89 190,579,062.87 35.9% OC; 62 CITY OF LA QUINTA GENERAL FUND REVENUES DETAIL 07/01/2005 - 03/31/06 REMAINING BUDGET RECEIVED BUDGET TAXES: Property Tax 1,167,900.00 832,441.24 335,458.76 No Low Property Tax Distribution 1,545,000.00 907,743.40 637,256.60 Sales Tax 5,256,000.00 3,980,260.53 1,275,739.47 Sales Tax Reimbursement 1,752,000.00 915,779.98 836,220.02 Document Transfer Tax 797,800.00 809,519.79 (11,719.79) Transient Occupancy Tax 4,108,100.00 1,995,378.09 2,112721.91 Transient Occupancy Tax - Mitigatioi 437,500.00 577,500.00 (140:000.00) Franchise Tax 916,200.00 400,215.16 515,984.84 TOTAL TAXES 15,980,500.00 10,418,838.19 5,561,661.81 LICENSE & PERMITS: Business License 274,100.00 182,662.90 91,437.10 Animal License 14,800.00 11,053.50 3,746.50 Building Permits 493,800.00 1,478,490.83 (984,690.83) Plumbing Permits 84,400.00 257,183.10 (172,783.10) Mechanical Permits 43,100.00 142,990.20 (99,890.20) Electrical Permits 85,000.00 210,498.67 (125,498.67) Garage Sale Permits 11,800.00 10,060.00 1,740.00 Misc. Permits 97 600.00 182,550.94 (84,950.94) TOTAL LICENSES & PERMITS 1,104,600.00 2,475,490.14 (1,370,890.14) FEES: Sale of Maps & Publications 13,200.00 3,577.20 9,622.80 Community Services Fees 253,100.00 266,767.35 (13,667.35) Finance 0.00 110,906.88 (110,906,88) Bldg & Safety Fees 377,100.00 831,304.22 (454,204.22) Community Development Fees 222,400.00 246,415.69 (24,015.69) Public Works Fees 584 400.00 1,827,073.00 (1,242,673.00) TOTAL FEES 1,450,200.00 3,286,044.34 (1,835,844.34) INTERGOVERNMENTAL Motor Vehicle In -Lieu 1,726,200.00 1,391,890.81 334,309.19 Motor Vehicle Code Fines 94,000.00 72,092.27 21,907.73 Parking Violations 27,700.00 19,013.82 8,686.18 Misc. Fines 175,874.00 132,130.43 43,743.57 AB939 120,687.00 14,440.03 . 106,246.97 Federal Govt Grants 0.00 5,793.00 (5,793.00) County of Riverside Grant 16,719.00 16,719.29 (0.29) State of California Grant 8,600.00 14,013.93 (5,413.93) Fire Services Credit 4,337,893.00 1,506,675.07 2,831,217.93 CSA152 Assessment 174 200.00 202,363.08 (28,163.08) TOTAL INTERGOVERNMENTAL 6,681,873.00 3,375,131.73 3,306,741.27 INTEREST 2,747,400.00 2,697,985.38 49,414.62 MISCELLANEOUS Miscellaneous Revenue 7,149.00 5,883.62 1,265.38 Assmnt Dist Surplus 0.00 287,497.98 (287,497.98) Other Mitigation Measures 0.00 0.00 0.00 Litigation settlement 0.00 0.00 0.00 Cash Over/(Short) 51.00 40.84 10.16 TOTAL MISCELLANEOUS 7,200.00 293,422.44 (286,222.44) TRANSFER IN 488,930.00 99,973.20 388,956.80 TOTAL GENERAL FUND 28,460,703.00 22,646,885.42 5,813,817.58 N CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING BUDGET RECEIVED BUDGET LIBRARY: County of Riverside 1,527,800.00 361,422.52 1,166,377.48 Contributions 0.00 0.00 0.00 Interest 3,000.00 (4,836.52) 7,836.52 TOTAL LIBRARY 1,530,800.00 356,586.00 1,174,214.00 GAS TAX REVENUE: Section 2105 189,300.00 166,276.68 23,023.32 Section 2106 147,000.00 116,364.16 30,635.84 Section 2107 233,700.00 220,775.51 12,924.49 Section 2107.5 6,200:00 6,000.00 200.00 Traffic Congestion Relief 44,817.00 73,338.96 (28,521.96) Interest 7,600.00 6,555.18 1,044.82 TOTAL GAS TAX 628,617.00 589,310.49 39,306.51 FEDERAL ASSISTANCE REVENUE: CDBG Grant 517,307.00 445,180.69 72,126.31 Interest 0.00 0.00 0.00 TOTAL FEDERAL ASSISTANCE 517,307.00 445,180.69 72,126.31 URBAN FORESTRY Grant Revenue 1,100.00 0.00 1,100.00 Interest 0.00 0.00 0.00 TOTAL URBAN FORESTRY 1,100.00 0.00 1,100.00 SLESF (COPS) REVENUE: SLESF (Cops) Funding 100,000.00 100,000.00 0.00 Interest 700.00 1,413.74 (713.74) TOTAL SLESF (COPS) 100,700.00 101,413.74 (713.74) LOCAL LAW ENFORCEMENT BLOCK GRANT REVENUE: LLEBG Funding 0.00 0.00 0.00 Interest 0.00 0.00 0.00 Transfer in 0.00 0.00 0.00 TOTAL LLEBG 0.00 0.00 0.00 INDIAN GAMING Grant revenue 198,942.00 177,250.00 21,692.00 Interest 2,200.00 6,385.56 (4,185.56) TOTAL INDIAN GAMING 201,142,00 183,635.56 17,506.44 LIGHTING & LANDSCAPING REVENUE: Assessment 842,200.00 421,810.98 420,389.02 Developer 0.00 0.00 0.00 Interest 0.00 0.00 0.00 TOTAL LIGHTING & LANDSCAPIN 842,200.00 421,810.98 420,389.02 RCTC RCTC Funding Transfer in TOTAL RCTC DEVELOPMENT AGREEMENT FUND Mitigation Measures Interest Transfer in TOTAL DEV AGREEMENT QUIMBY REVENUE: Quimby Fees Interest TOTAL QUIMBY 2,056,829.00 383,719.21 1,673,109.79 0.00 0.00 0.00 0 8 1,673,109. 408,000.00 0.00 408,000.00 0.00 0.00 0.00 0.00 0.00 0.00 408,000.00 0.00 408,000.00 4,605,015.00 5,792,308.13 (1,187,293.13) 110,000.00 1261185.95 16 185.95 4,715,015.00 ,91 ,494.08 (1,203,479.08 INFRASTRUCTURE REVENUE: Utility refund 0.00 2,500.00 (2,500.00) Interest 20,000.00 14,739.89 5,260.11 Transfer in 0.00 0.00 0.00 TOTAL INFRASTRUCTURE 20,000.00 17,239.89 2,760.11 VILLAGE PARKING REVENUE: Interest 0.00 0.00 0.00 TOTAL VILLAGE PARKING 0.00 0.00 0.00 C I-• 64 E CITY OF LA QUINTA REMAINING ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution 39,900.00 31,399.62 8,500.38 MSRC Funding 0.00 0.00 0.00 Street Sweeping Grant 0.00 0.00 0.00 Interest 2,300.00 3,638.81 (1,338.81) TOTAL SCAQ 42,200.00 35,038.43 7,161.57 CMAQ/ISTEA CMAQ/ISTEA Grant 0.00 0.00 0.00 Interest 0.00 0.00 0.00 TOTAL CMAQ/ISTEA 0.00 0.00 0.00 TRANSPORTATION Developer fees 1,096,200.00 2,517,347.99 (1,421,147.99) Interest 165,000.00 153,960.47 11,039.53 Transfer in 0.00 0.00 0.00 TOTAL TRANSPORTATION 1,261,200.00 2,671,308.46 (1,410,108.46) PARKS & RECREATION Developer fees 446,000.00 929,744.00 (483,744.00) Interest 0.00 5,315.88 (5,315.88) Transfer in 0.00 0.00 0.00 TOTAL PARKS & RECREATION 446,000.00 935,059.88 (489,059.88) CIVIC CENTER Developer fees 256,000.00 465,840.97 (209,840.97) Interest 50,000.00 52,706.92 (2,706.92) Transfer in 0.00 0.00 0.00 TOTAL CIVIC CENTER 306,000.00 518,547.89 (212,547.89) LIBRARY DEVELOPMENT Developer fees 177,500.00 391,878.00 (214,378.00) Interest 0.00 0.00 0.00 Transfer in 0.00 0.00 0.00 TOTAL LIBRARY DEVELOPMENT 177,500.00 391,878.00 (214,378.00) COMMUNITY CENTER Developer fees 37,000.00 125,210.00 (88,210.00) Interest 17,600.00 19,758.88 (2,158.88) TOTAL COMMUNITY CENTER 54,600.00 144,968.88 (90,368.88) STREET FACILITY Developer fees 44,100.00 59,244.92 (15,144.92) Interest 3,900.00 4,730.44 (830.44) TOTAL STREET FACILITY 48,000.00 63,975.36 (15,975.36) PARK FACILITY Developer fees 11,000.00 16,367.00 (5,367.00) Interest 1,000.00 1,169.94 (169.94) TOTAL PARK FACILITY 12,000.00 17,536.94 (5,536.94) FIRE PROTECTION FACILITY Developer fees 74,500.00 141,690.30 (67,190.30) Interest 0.00 0.00 0.00 TOTAL FIRE PROTECTION FACILI 74,500.00 141,690.30 (67,190.30) LIBRARY DEVELOPMENT (COUNTY) FACILITY Developer fees 0.00 0.00 0.00 Interest 0.00 (0.46) 0.46 TOTAL LIBRARY DEV (COUNTY) 0.00 (0.46) 0.46 ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places 97,500.00 262,127.01 (164,627.01) Arts in Public Places Credits Applied 0.00 0.00 0.00 Interest 23,000.00 22,540.90 459.10 TOTAL ARTS IN PUBLIC PLACES 120,500.00 284,667.91 (164,167.91) , INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 0.00 0.00 0.00 Transfer In 0.00 0.00 0.00 TOTAL INTEREST ALLOCATION 0.00 0.00 0.00 C'y 6 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL CAPITAL IMPROVEMENT FUND: CVAG CVWD County of Riverside Surface Transportation Funding City of Indio DSUSD SB300 Funding RCTC SB821-Bicycle Path Grant State of California APP Contribution Developer Agreement Funding Litigation Settlements Transfers in From Other Funds TOTAL CIP REVENUE ASSESSMENT DISTRICT 2000-1 REMAINING BUDGET RECEIVED BUDGET 23,413,062.00 5,009,756.58 18,403,305.42 848,479.00 0.00 848,479.00 0.00 0.00 0.00 472, 800.00 19,170.00 453,630.00 2,870,907.00 0.00 2,870,907.00 82,656.00 0.00 82,656.00 0.00 0.00 0.00 0.00 0.00 0.00 77,986.00 62,991.00 14,995.00 373,575.00 0.00 373,575.00 0.00 0.00 0.00 306,250.00 0.00 306,250.00 0.00 0.00 0.00 45 425 926.00 12 580,262.55 32,845,663.45 73,871,641.00 17,672,180.13 56,199,460.87 Interest 3,608.00 4,682.04 (1,074.04) Assessment Bond Proceeds 0.00 0.00 0.00 Prepayments -sewer assessments 0.00 0.00 0.00 Transfer in 0.00 0.00 0.00 TOTAL ASSESSMENT DISTRICT 3,608.00 4,682.04 (1,074.04) EQUIPMENT REPLACEMENT FUND: Equipment Charges 331,300.00 362,577.66 (31,277.66) Capital Contribution 0.00 0.00 0.00 Sale of Fixed Asset 0.00 0.00 0.00 Insurance Recoveries 0.00 2,282.46 (2,282.46) Interest 65,700.00 34,053.06 31,646.94 Transfers In 0.00 0.00 0.00 TOTAL EQUIPMENT REPLACEME 397,000.00 398,913.18 (1,913.18) INFORMATION TECHNOLOGY FUND: Charges for services 426,000.00 426,018.00 (18.00) Capital Contribution 0.00 0.00 0.00 Sale of Fixed Asset 0.00 0.00 0.00 Interest 17,000.00 18,590.34 (1,590.34) Transfers In 0.00 0.00 0.00 TOTAL INFORMATION TECHNOL( 443,000.00 444,608.34 (1,608.34) PARK EQUIPMENT S FACILITY Charges for services 250,000.00 250,000.00 0.00 Interest 6,300.00 11,367.15 (5,067.15) Capital Contributions 0.00 0.00 0.00 TOTAL PARK EQUIPMENT & FAC 256,300.00 261,367.15 (5,067.15) SILVERROCK GOLF Green fees Range fees Resident Card Merchandise Food & Beverage Allocated Interest Income Transfers In TOTAL SILVERROCK GOLF SILVERROCK GOLF RESERVE Interest Transfers In TOTAL SILVERROCK GOLF LQ PUBLIC SAFETY OFFICER FUND Transfer In Interest TOTAL LQ PUBLIC SAFETY 3,175, 395.00 1,897,831.28 1,277, 563.72 34,470.00 35,534.00 (1,064.00) 52,500.00 38,687.00 13,813.00 245,790.00 195,060.76 50,729.24 12,000.00 0.00 12,000.00 0.00 0.00 0.00 200,000.00 120,000.00 80,000.00 3,720,155.00 2,287,113.04 1,433,041.96 0.00 207.31 (207.31) 69 353.00 0.00 69,353.00 69,353.00 207.31 69,145.69 2,000.00 2,000.00 0.00 100.00 260.12 (160.12) 2,100.00 2,260.12 (160.12) 7 GENERAL FUND EXPENDITURE SUMMARY BY DEPARTMENT 07/01/2005 - 03/31/06 REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET GENERAL GOVERNMENT: LEGISLATIVE 769,400.00 414,753.57 0.00 354,646.43 CITY MANAGER'S OFFICE 1,109,297.00 692,661.18 0.00 416,635.82 ECONOMIC DEVELOPMENT 1,195,868.00 862,432.36 0.00 333,435.64 PERSONNEL/RISK MGT 856,416.00 616,515.02 0.00 239,900.98 TOTAL GENERAL GOVERNMENT 3,930,981.00 2,586,362.13 0.00 1,344,618.87 CITY CLERK 539,981.00 364,992.87 0.00 174,988.13 TOTAL CITY CLERK 539,981.00 364,992.87 0.00 174,988.13 COMMUNITY SERVICES PARKS & RECREATION ADMINISTRATION 1,032,196.00 484,547.51 5,584.48 542,064.01 SENIOR CENTER 372,661.00 247,797.79 0.00 124,863.21 PARKS & RECREATION PROGRAMS 150,162.00 115,899.30 0.00 34,282.70 LIBRARY 843,605.00 143,604.37 0.00 700,000.63 TOTAL COMMUNITY SERVICES 2,398,644.00 991,648.97 5,584.48 1,401,210.55 FINANCE: FISCAL SERVICES 789,548.00 522,577.95 0.00 266,970.05 CENTRAL SERVICES 608,182.00 350,899.25 68,521.89 188,760.86 TOTAL FINANCE 1,397,730.00 873,477.20 68,521.89 455,730.91 BUILDING & SAFETY: BUILDING & SAFETY - ADMIN 358,518.00 251,679.65 0.00 106,838.35 BUILDING 1,196,774.00 995,488.75 0.00 201,285.25 CODE COMPLIANCE 680,374.00 404,327.13 0.00 276,046.87 ANIMAL CONTROL 420,986.00 195,961.77 0.00 225,024.23 CIVIC CENTER BUILDING -OPERATIONS 1,024,190.00 789,510.10 0.00 234,679.90 TOTAL BUILDING & SAFETY 3,680,842.00 2,536,967.40 0.00 1,043,874.60 PUBLIC SAFETY: POLICE SERVICES 8,131,228.00 3,281,321.74 23,826.22 4,826,080.04 FIRE 4,428,480.00 1,568,278.41 0.00 2,860,201.59 EMERGENCY SERVICES 33,650.00 11,902.18 0.00 21,747.82 TOTAL PUBLIC SAFETY 12,593,358.00 4,861,502.33 23,826.22 7,708,029.45 COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT - ADMIN 1,082,610.00 499,677.30 0.00 582,932.70 CURRENT PLANNING 750,389.00 287,773.77 0.00 462,615.23 TOTAL COMMUNITY DEVELOPMENT 1,832,999.00 787,451.07 0.00 1,045,547.93 PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 332,062.00 227,949.11 518.59 (389,171.00) 103,594.30 DEVELOPMENT & TRAFFIC 1,517,213.00 908,058.21 11,400.00 597,754.79 MAINT/OPERATIONS - STREETS 1,334,424.00 716,314.27 0.00 618,109.73 MAINT/OPERATIONS- LTG/LANDSCAPING 1,958,580.00 1,364,769.27 0.00 593,810.73 MAINT/OPERATIONS - PARK MAINTENANCE 1,099,451.00 780,379.74 0.00 319,071.26 CONSTRUCTION MANAGEMENT 661,417.00 443,646.41 0.00 217,770.59 TOTAL PUBLIC WORKS 6,903,147.00 4,441,117.01 11,918.59 2,060,940.40 TRANSFERS OUT 2,042,645.00 637,252.06 0.00 1,405,392.94 GENERAL FUND REIMBURSEMENTS (4,884.733.00) (2,618,675.73) 0.00 (2,266,057.27) NET GENERAL FUND EXPENDITURES 30,435,594.00 15,562,295.31 109,851.18 14,763,447.51 c .l- 0 8 CITY OF LA QUINTA 07/01/2006 - 03/31/06 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET LIBRARY FUND PROJECT EXPENDITURES 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 843,605.00 101,427.04 0.00 742,177.96 TRANSFER OUT 509,373.00 397,713.85 0.00 111,659.15 TOTAL LIBRARY FUND 1,352,978.00 499,140.89 0.00 853,837.11 GAS TAX REIMBURSE GENERAL FUND 583,800.00 437,850.00 0.00 145,950.00 TRANSFER OUT 140,932.00 40,182.80 0.00 100,749.20 TOTAL GAS TAX FUND 724,732.00 478,032.80 0.00 246,699.20 FEDERAL ASSISTANCE FUND: TRANSFER OUT TOTAL FEDERAL ASSISTANCE FUND 517,307.00 267,869.31 0.00 249,437.69 URBAN FORESTRY GRANT TRANSFER OUT TOTAL URBAN FORESTRY GRANT 0.00 0.00 0.00 0.00 SLESF (COPS) TRANSFER OUT TOTAL SLESF (COPS) FUND 101,400.00 0.00 0.00 101,400.00 LLEBG FUND TRANSFER OUT TOTAL LLEBG FUND 0.00 0.00 0.00 0.00 INDIAN GAMING FUND TRANSFER OUT 344,082.00 86,524.72 0.00 257,557.28 TOTAL LIBRARY FUND 344,082.00 86,524.72 0.00 257,557.28 LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 842,200.00 631,649.98 0.00 210,550.02 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL LTG/LANDSCAPING FUND 842,200.00 631,649.98 0.00 210,550.02 RCTC TRANSFER OUT 2,056,829.00 368,999.21 0.00 1,687,829.79 TOTAL RCTC 2,056,829.00 368,999.21 0.00 1,687,82 .79 DEVELOPMENT AGREEMENT FUND CONSTRUCTION 408,000.00 0.00 0.00 408,000.00 REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL DEV AGREEMENT FUND 408,000.00 0.00 0.00 408,000.00 QUIMBY FUND: TRANSFER OUT 645,133.00 455,822.53 0.00 189,310.47 INFRASTRUCTURE FUND CONSTRUCTION 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 721,353.00 232,188.40 0.00 489,164.60 TOTAL INFRASTRUCTURE 721,3 3.00 232,188.40 0.00 489,164.60 VILLAGE PARKING TRANSFER OUT TOTAL VILLAGE PARKING FUND (1,893.00) 0.00 0.00 (1,893.00) SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 26,600.00 14,129.83 0.00 12,470.17 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL SOUTH COAST AIR QUALITY 26,600.00 14,129.83 0.00 12,470.17 CMAQ/ISTEA TRANSFER OUT TOTAL CMAQ/ISTEA FUND 0.00 0.00 0.00 0.00 TRANSPORTATION PROGRAM COSTS 0.00 0.00 0.00 0.00 CONTRIBUTION 0.00 0.00 0.00 0.00 TRANSFER OUT 7,322,318.00 3,100,163.46 0.00 4,222,154.54 TOTAL TRANSPORTATION 7,322,318.00 3,100,163.46 0.00 4,222,154.54 PARKS & RECREATION INTEREST ON ADVANCE 110,000.00 82,130.30 0.00 27,869.70 TRANSFER OUT 113,358.00 135,396.21 0.00 (22,038.21) TOTAL PARKS & RECREATION 223,358.00 217,526.51 0.00 5,831.49 CIVIC CENTER PROGRAM COSTS 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 204,173.00 153,113.74 0.00 51,059.26 TRANSFER OUT 3,146,118.00 91,921.88 0.00 3,054,196.12 TOTAL CIVIC CENTER 3,350,291.00 245,035.62 0.00 3,105,255.38 LIBRARY DEVELOPMENT PROGRAM COSTS 0.00 0.00 0.00 0.00 INTEREST ON ADVANCE 82,000.00 62,518.90 0.00 19,481.10 TRANSFER OUT 0.00 0.00 0.00 0.00 �- r TOTAL LIBRARY DEVELOPMENT 82,000.00 62,518.90 0.00 19,481.10 9 CITY OF LA QUINTA 07101/2005 - 03/31/06 REMAINING OTHER CITY FUNDS BUDGET EXPENDITURES ENCUMBERED BUDGET EXPENDITURE SUMMARY COMMUNITY CENTER 0.00 0.00 0.00 0.00 PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT TOTAL COMMUNITY CENTER 0.00 0.00 0.00 0.00 STREET FACILITY 0.00 0.00 0.00 0.00 PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT TOTAL STREET FACILITY 0.00 0.00 0.00 0.00 PARK FACILITY 0.00 0.00 0.00 0.00 PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT TOTAL PARK FACILITY 0.00 0.00 0.00 0.00 FIRE PROTECTION INTEREST ON ADVANCE 37,000.00 27,961. 0.00 9,038.04 TRANSFER OUT TOTAL FIRE PROTECTION DIF 0.00 37,000.00 0.0000 27,961.96 0.00 0.00 0.00 9,038.04 LIBRARY COUNTY 0.00 0.00 000 0.00 PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT TOTAL LIBRARY COUNTY DIF 0.00 0.00 0.00 0.00 ART IN PUBLIC PLACES FUND 3,500.00 0.00 0.00 3,500 MAINTENANCE EXPENSES-APP 1,800.00 1,737.71 0.00 62.29 OPERATING EXPENSES-APP 302,901.00 37,415.27 0,00 265,485.73 ART PURCHASES TRANSFER OUT 226,920.00 226,920.00 0.00 0.00 TOTAL ART IN PUBLIC PLACES 535,121.00 266,072.98 0.00 269,048.02 CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 72,834,386.00 17,407,820.16 72,421.62 55,354,144.22 PROJECT REIMBURSEMENTS TO GEN FUND 1,037,255.00 264,359.97 0.00 772,895.03 TRANSFER OUT TOTAL CAPITAL IMPROVEMENT 73,871,641.00 0.00 17,672,180.13 0.00 72,421.62 0.00 56,127,039.25 ASSESSMENT DISTRICT 2000-1 0.00 0.00 0.00 0 COSTS OF ISSUANCE CONTR SVCS/REFUND SURPLUS FUNDS 0.00 297,851.90 0.00 (287,851.90) TRANSFER OUT TOTAL AD 2000-1 17,316.00 17,316.00 17,316.42 315,168.32 0.00 0.00 (0.42) (297,552.32) EQUIPMENT REPLACEMENT FUND 459,585.00 188,634.24 42,947.09 228,003.67 OPERATING EXPENSES 657,000.00 0.00 0.00 657,000.00 TRANSFER OUT TOTAL EQUIPMENT REPLACEMENT FUND 1,116,585.00 188,634.24 42,94 .09 885,0 3.67 INFORMATION TECHNOLOGY FUND OPERATING EXPENSES TOTAL INFORMATION TECHNOLOGY FUND 648,043.00 648,043.00 120,605.35 120,605.35 0.00 0.00 527,437.65 52 ,437.65 PARK MAINTENANCE FACILITY 0.00 0.00 0.00 0.00 OPERATING EXPENSES 0.00 0.00 0.00 0.00 TRANSFER OUT TOTAL PARK MAINTENANCE FAC 0.00 0.00 0.00 0.00 SILVERROCK GOLF OPERATING EXPENSES 4,237,309.00 3,102,728.40 0.00 1,134,580.60 TRANSFER OUT TOTAL SILVERROCK GOLF 69,353.00 4,306,662.00 0.00 3,102,728.40 0.00 0.00 69,353.00 1,203, 33.60 SILVERROCK GOLF RESERVE 0.00 0.00 0.00 0.00 TRANSFER OUT TOTAL SILVERROCK GOLF RESERVE 0.00 0.00 0.00 0.00 LA QUINTA PUBLIC SAFETY CONTRIBUTIONS TOTAL LA QUINTA PUBLIC SAFETY 2,000.00 0.00 0.00 2,000.00 10 COUNCIL/RDA MEETING DATE: May 16, 2006 ITEM TITLE: Authorization to Purchase a Mobile Stage for Special Events RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize staff to purchase a 16-foot mobile stage unit for special events held in local parks throughout the year. FISCAL IMPLICATIONS: The cost of the mobile stage unit is $32,952 and funding is budgeted and available in the Community Services Capital Equipment Account # 101 .3001 .451 .71-01 . CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Due to the increasing number of special events, staff has obtained bids to purchase a mobile stage unit. The stage will provide the public with an improved venue for special events at the City park sites. The bids have been returned and staff recommends accepting the low bid from Century Industries for $32,952 for the unit. In accordance with the City's equipment purchase policy, staff requests approval.for this purchase. The quotation is included (Attachment 1). G 70 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Authorize staff to purchase the Mobile Stage for special events; or 2. Do not authorize staff to purchase the Mobile Stage for special events; or 3. Provide staff with alternative direction. Respectfully submitted, Edie Hylton, tommunity Services Director Approved for submission by: a � Thomas P. Genovese, City Manager Attachment: 1 . Quotation for Mobile Stage by Century Industries Cr 1 2 QUOTATION SUMMARY April 18,2006 Tustin Larson City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Century;Industries Century Industries, LLC 1-65 & Hwy. 311 P.O. Box C Sellersburg, IN 47172-0919 USA CENTURY INDUSTRIES, MPP2416 16' MOBILE PERFORMANCE PLATFORM • 18" Deep Steel Channel Frame - with all galvanized steel components. • Removable Towing Tongue - with pintle ring (ball coupler is optional) and safety chains. • Leveling/Support Jacks - 25,000 lb. capacity each, adjust to unlevel ground. • Tandem Axle Suspension - with four (4) wheel electric brakes and highway rated tires. • Aluminum Platform Deck - smooth continuous, all-weather stage deck formed with interlocking structural aluminum sections. Platform surface has non-skid pattern. • Guard Rails - provided along entire rear folding section. • Hydraulically Actuated Stage Wings - allow easy, one person operation. Has self- contained 12VDC system and charger. • Aluminum Stairs - 47" wide, diamond plate treads, fully enclosed risers, handrails, and adjustable legs. Stairs shall not exceed 7/11 slope code. • Highway Light Package - includes marker and signal lights, reflectors, license plate bracket, cable and connector MPP2416 — BASE UNIT - Includes guardrails on one (1) fold down section and one (1) set of stairs.....................................$24,651 10216 Extra Protection Package 11003 Tie -Downs, Six (6) @$78 40037 Platform Electrical Package #2 DELIVERY to ('it o1.' 1..:az Qima, C'A $.861 $468 $.1641 $5,331 Total $32,952 C. 72 ti 01 COUNCIL/RDA MEETING DATE: May 16, 2006 ITEM TITLE: Authorization for Overnight Travel for the Community Safety Manager to Attend the California Specialized Training Institute, Sponsored by the Governor's Office of Emergency Services, "Emergency Services Coordinator Basic Training," Pacific Grove, CA., June 6-8, 2006 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the overnight travel for the Community Safety Manager to attend the California Specialized Training Institute, sponsored by the Governor's Office of Emergency Services, "Emergency Services Coordinator Basic Training," located in Pacific Grove, CA, June 6-8, 2006. FISCAL IMPLICATIONS: The costs associated with the attendance at the seminar will be funded from Travel and Training fund, account #101-5056-425.51-01 . The breakdown of estimated expenditures for this seminar is as follows: • Registration $350.00 • Hotel $479.60 • Mileage $171 .00 • Meals $225.00 Total $1,225.60 CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: This course will improve the skills and abilities of the Community Safety Manager and create an opportunity for Consensus Building, Design and Delivery of Emergency Management Training, Executive Support, Fiscal Issues, Disaster Assistance, Development/Maintenance of the Jurisdiction's Emergency Plan, Exercising Disaster Response and Recovery Personnel, and Disaster Response and Recovery Coordination. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the overnight travel for the Community Safety Manager to attend the California Specialized Training Institute, sponsored by the Governor's Office of Emergency Services, "Emergency Services Coordinator Basic Training," located in Pacific Grove, CA, June 6-8, 2006; or 2. Deny the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, 1- Tom Hartung, Buildin & Safety Director Approved for submission by: Thomas P. Genovese, City Manager 2 �� 74 / �T MOFT�' 4 Qurw COUNCIL/RDA MEETING DATE: May 16, 2006 ITEM TITLE: Approval of a Revised Cooperative Agreement with the City of Indio for the Design and Construction of Traffic Signal Improvements and Award a Contract to DBX, Inc., for the Construction of the Dune Palms Road at Westward Ho Drive Street Improvements, -Project No. 2004-07A RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the revised Cooperative Agreement with the City of Indio for the Design and Construction of Traffic Signal Improvements and award a contract with DBX, Inc. in the amount of $320,814 for the construction of the Dune Palms Road at Westward Ho Drive Street Improvements, Project No. 2004-07A. FISCAL IMPLICATIONS: Contingent upon the approval of the Revised Cooperative Agreement by the Cities of La Quinta and Indio, the project's funding and funding sources will be: Transportation DIF: City of Indio: SB 821 Sidewalk Grant: RDA Project Area No. 2 — Sidewalk Match RDA Project Area No. 1 — SilverRock Mitigation Subtotal: $130, 260 $79,397 $25,099 $25,099 $163,163 $423,018 Considering the low bid in the amount of $320,814, the following is the anticipated project budget: Construction: Design: Inspection/Test/Survey: Administration: Contingency: Total Anticipated Cost: $320,814 $27,074 $20,982 $13,537 $40,61 1 $423,018 t r 75 On March 7, 2006, the City Council approved a Cooperative Agreement with the City of Indio for the design and construction of Traffic Signal Improvements, approved the PS&E, and authorized staff to advertise the project for bid. The Cooperative Agreement between the cities of La Quinta and Indio initially estimated the cost to design and construct the proposed traffic signal to be $270,141.53. These costs were assigned 25% to the City of Indio and 75% to the City of La Quinta. Considering the estimated cost of the traffic signal, the City of Indio's share was estimated at $67,535, and the City of La Quinta's share was estimated at $202,606. On March 8, 2006, the City of La Quinta received a letter from Jim Smith, P.E., Director of Public Works, at the City of Indio. Mr. Smith indicated that the City of Indio concurred with the solicitation of bids for the construction of the Dune Palms Road at Westward Ho Drive Traffic Signal. Mr. Smith also indicated that the Indio City Council would consider the Cooperative Agreement after bids were received and final costs were known. The low bid to construct the proposed traffic signal is higher than originally estimated. The cost to design and construct the improvement increased from $270,141.53 to $317,589.35. As presented in the table below, the higher costs are limited to the construction and contingency line items. The soft costs have not changed. Item Construction: Design: Inspection/Testing/Survey: Administration: Contingency: SUBTOTAL: La Quinta % Project Share: Indio Y4 Project Share: Original Estimate (Based on Engineer's Estimate) $196,1 10.00 $19,61 1.00 $15,198.53 $9,805.50 $29,416.50 $270,141.53 $ 202, 606.00 $67,535.00 Revised Estimate (Based on Lowest Responsive Bid) $252,754.00 $19,61 1.00 $15,198.53 $9,805.50 $20,220.32 $317,589.35 $238,192.00 $79,397.00 The Cooperative Agreement originally approved by the City of La Quinta on March 7, 2006 has been revised and forwarded to the City of Indio for its consideration. The revised cooperative agreement is also attached (Attachment 1) for the City Council's consideration. CHARTER CITY IMPLICATIONS: The project is partially funded with State and RDA funding. As such, the contractor will be required to pay prevailing wages for these improvements. 76� 2 BACKGROUND AND OVERVIEW: The project is located on Dune Palms Road at its intersection with Westward Ho Drive. The proposed improvements include constructing new curb and gutter, sidewalks, access ramps, driveway approaches, signing and striping, and a new traffic signal. The northeast quadrant of the project is located within the City of Indio. On May 18, 2004, the City Council approved an SB-821 Program grant application in the amount of $25,099 for installing a sidewalk on the south side of Westward Ho Drive from the corner of Dune Palms Road to a point approximately 650 feet to the east. The total cost for the proposed sidewalk was originally estimated at $50,198. The City proposed a 50% match ($25,099). The City share is identified to be funded through Redevelopment Project Area No. 2 funds. On February 1, 2005, the City Council approved an advance in the amount of $175,000 from the City's General Fund, and approved a Professional Services Agreement, in the amount of $30,120, with Katz Okitsu & Associates (KOA) to prepare the plans, specifications and engineer's estimate (PS&E) for the Fiscal Year 2004/2005 Traffic Signal Improvement Program, Project No. 2004-07. . The design of the proposed traffic signal at Dune Palms Road at Westward Ho Drive is included within KOA's scope of work. The street improvements were designed by NAI Consulting. The street improvements required on the southeast corner of the intersection are part of the development of a mitigation well site for SilverRock Resort currently under review by CVWD. On April 7, 2006, sealed bids were received for the construction of this project. A complete comparison of the bids received is provided as Attachment 2 for the City Council's review. DBX, Inc. submitted the lowest responsive bid in the amount of $320,814. Contingent upon City Council approval to award a contract to construct the proposed improvements on May 16, 2006, the following represents how the project is expected to proceed: City Council Award May 16, 2006 Sign Contracts and Mobilize May 17-31, 2006 Construction (120 Consecutive Calendar Days) June —September 2006 Project Close-out/Acceptance October 2006 77 3 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the revised Cooperative Agreement with the City of Indio for the Design and Construction of Traffic Signal Improvements and award a contract with DBX, Inc., in the amount of $320,814 for the construction of the Dune Palms Road at Westward Ho Drive Street Improvements, Project No. 2004-07A; or 2. Do not approve the revised Cooperative Agreement with the City of Indio for the Design and Construction of Traffic Signal Improvements and do not award a contract with DBX, Inc., in the amount of $320,814 for the construction of the Dune Palms Road at Westward Ho Drive Street Improvements, Project No. 2004-07A; or 3. Provide staff with alternative direction. Respectfully submitted, imothy R. na s n, P.E. Public Works Dir ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Revised Cooperative Agreement 2. Bid Comparison Summary .0 - 073 0 ATTACHMENT 1 COOPERATIVE AGREEMENT FOR THE DESIGN AND CONSTRUCTION OF TRAFFIC SIGNAL IMPROVEMENTS This agreement (hereinafter "Agreement") entered into this day of , 2006, is between the City of La Quinta, a Municipal Corporation and charter city, referred to herein as "LA QUINTA," and the City of Indio, a Municipal Corporation, referred to herein as "INDIO." LA QUINTA and INDIO are collectively referred to in this Agreement as "PARTIES." RFrITAI R (1) LA QUINTA and INDIO desire to install a new traffic signal and safety lighting, referred to herein as "PROJECT," at the intersection of Dune Palms Road and Westward Ho Drive, and desire to specify the terms and conditions under which the PROJECT is to be engineered, constructed, financed, operated and maintained. (2) The PROJECT location is jointly owned seventy-five percent (75%) by LA QUINTA and twenty-five percent (25%) by INDIO. (3) It has been determined that the State of California promulgated traffic signal warrants have been met for the PROJECT location. (4) LA QUINTA agrees to contribute 75% of the estimated cost to complete the PROJECT. The PROJECT is estimated to cost $317,589. Therefore, LA QUINTA's contribution is estimated to be $238,192. (5) INDIO agrees to contribute 25% of the estimated cost to complete the PROJECT. The PROJECT is estimated to cost $317,589. Therefore, INDIO's contribution is estimated to be $79,397. Sartinn I LA QUINTA AGREES: (1) To pay an amount equal to seventy-five percent (75%) of the PROJECT costs for construction, design, engineering, inspection/testing/survey, contingency and administrative costs as described on attached Exhibit'"A.. (2) To prepare Plans, Specifications and Estimates (PS&E) for the PROJECT. PS&E are to be prepared in accordance with the Standard Plans and Specifications of the State of California Department of Transportation, the- G 79 5 standards and practices of LA QUINTA and all applicable laws and regulations. (3) To have final design documents and drawings for the PROJECT prepared by or under the direction of a civil engineer registered and licensed in the State of California, and that the specifications, each set of plans and any reports shall bear the professional seal, certificate and signature of the professional engineer responsible for their preparation. (4) To apply for any necessary encroachment permits for work within the INDIO street right-of-way, in accordance with INDIO standard permit procedures. (5) To advertise, award and administer a public works contract for the construction of the PROJECT improvements. (6) To retain or cause to be retained for audit by INDIO or other governmental auditors for a period of three (3) years from the date of final payment, all records and accounts relating to construction of the PROJECT. (7) Upon completion of the PROJECT, to furnish INDIO a complete set of full- sized reproducible "Drawing of Record" plans and refund any unexpended funds belonging to INDIO. (8) To enter into a maintenance agreement with INDIO, whereby LA QUINTA will agree to maintain and operate the facilities and LA QUINTA will pay seventy-five percent (75%) and INDIO will pay twenty-five percent (25%) of the maintenance and energy costs for the PROJECT. Section II INDIO AGREES: (1) To pay an amount equal to twenty-five (25 %) of PROJECT costs for construction, design, engineering, inspection/testing/survey, contingency and administrative costs as described on attached Exhibit "A." (2) To deposit with LA QUINTA within thirty (30) days of receipt. of'. billing therefore the amount of $79,397 which figure represents INDIO's estimated PROJECT share of the cost of preliminary engineering, construction, construction engineering and administration, as required to complete the PROJECT. In no event will INDIO's obligation for all anticipated costs under this Agreement exceed 115% of INDIO's estimated costs, as listed in Exhibit "A," provided that INDIO may, at its sole discretion, in writing, authorize a greater amount. However, this does not obligate LA QUINTA in any way to provide additional funds for the PROJECT. 0 C: (3) To issue, free of charge, upon application by LA QUINTA or LA QUINTA's contractor, the necessary Encroachment Permits for required work within the INDIO streets right-of-way. (4) To enter into a maintenance agreement with LA QUINTA, whereby LA QUINTA will agree to maintain and operate the facilities and LA QUINTA will pay seventy-five percent (75%) and INDIO will pay twenty-five percent (25 %) of the maintenance and energy costs for the PROJECT. Section IIII IT IS MUTUALLY AGREED AS FOLLOWS: (1) The total cost of PROJECT is estimated to be $317,589. (2) Upon opening bids for construction of the PROJECT, if bids indicate a cost overrun of no more than 15 % of the project cost estimate as described in Exhibit "A," LA QUINTA may award the contract. (3) If, upon opening of bids, it is found that a cost overrun exceeding 15% of the construction cost estimate will occur, INDIO, and LA QUINTA shall endeavor to agree upon an alternative course of action. If, after sixty (60) calendar days from the date of bid opening, an alternative course of action is not agreed upon, this Agreement shall be deemed to be terminated by mutual consent, with each agency sharing incurred costs in accordance with the cost shares as set forth in Section I, Article (1), Section II, Article (1), and Section 111, Article (1) . (4) All contract change orders exceeding 15 % of the bid price for the relevant contract bid items shall be submitted by LA QUINTA to INDIO for review and approval prior to authorization by LA QUINTA to construction contractor. (5) In construction of said work, LA QUINTA will furnish a representative to perform the function of Resident Engineer, and INDIO may furnish a representative. INDIO's representative may consult with LA QUINTA's representative, but LA QUINTA's decision shall be considered final. (6) No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by all parties, and no oral understanding or agreement not incorporated herein shall be binding on either party hereto. . (7) Upon completion of all work under this Agreement, ownership and title to all materials, equipment, and appurtenances installed will be jointly shared in the ratio of seventy-five percent (75%) LA QUINTA, twenty-five percent (25%) INDIO. V1 (8) INDIO nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by LA QUINTA under or in connection with any work, authority or jurisdiction delegated to LA QUINTA under this Agreement. It is further agreed that, pursuant to Government Code Section 895.4, LA QUINTA shall fully indemnify and hold INDIO harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by LA QUINTA under or in connection with any work, authority or jurisdiction delegated to LA QUINTA under this Agreement. (9) LA QUINTA nor any other officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by INDIO under or in connection with any work, authority or jurisdiction delegated to INDIO under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, INDIO shall fully indemnify and hold LA QUINTA harmless from any liability imposed for injury (as defined by Government Code Section 810.98) occurring by reason of anything done or omitted to be done by INDIO under or in connection with any work, authority or jurisdiction delegated to INDIO under this Agreement. (The remainder of this page is intentionally left blank) CC: 82 Any notice required to be sent pursuant to this Agreement shall be sent by regular mail, addressed as follows: CITY OF INDIO CITY OF LA QUINTA Glenn Southard, City Manager Thomas P. Genovese, City Manager 100 Civic Center Mall 78-495 Calle Tampico Indio, CA 92202 P.O. Box 1504 La Quinta, CA 92247-1504 Dated: Dated: 0 Melanie Fesmire, Mayor ATTEST: -32 City Clerk APPROVED AS TO FORM: Edward Kotkin City Attorney IN Don Adolph, Mayor ATTEST: By: June Greek, City Clerk APPROVED AS TO FORM: M. Katherine Jenson City Attorney EXHIBIT "A" COOPERATIVE AGREEMENT DESIGN AND CONSTRUCTION OF TRAFFIC SIGNAL IMPROVEMENTS Dune Palms Road at Westward Ho Drive- New Traffic Signal Estimated Budget Construction $ 252,754.00 Design $ 19,611.00 Inspection/Testing/Survey $ 15,198.53 Administration $ 9,805.50 Contingency $ 20,220.32 SUB -TOTAL: $ 317,589.35 TOTAL ESTIMATED COST: $ 317,589 LA QUINTA 3/4 PROJECT SHARE: $238,192 INDIO 1/4 PROJECT SHARE: $79,397 r r 84 10 ATTACHMENT 2 z o� O O O 0 O 0 O 0 O 0 0 0 0 0 0 0 0 0 0 0 O o C3 a o o v 0 O o O 0 O O 0 O O 0 O O O O O O O O LO O ti O O M N Q.. v V N U N O O O O O eM O O O O O O O LO CD � N lC) 69 LO a? N O N M T_ O d N M W W 69 EFi 69 69 69 69 69 69 69 6H R 4 69 Z O C)� O o O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 $ W ~ C W O O O O O O 0 O O O O O 0 LO O N O 0 N 0 . C O M O 04 O Lf r N r 0 O O O O O O O O O O O O O O QQ Q O Z O O O O O O O O O O Cl w LO O O 't O O 0 O O CD O O O O 0 Q W C O LO O O O 1` (D O LO c+i O O LT N (D 0 (D 6R Ln 1` O O CD 0 ��7? a M N OX 2 CL L17 (O 6 6 9 IV U w 69 yN} us p Z Q o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 a z ` O O O O to O cM LOt0 O Z d LO O � LA O0 O M r (D � 0Y WC W'V: (n r r r _ N Z C)O O O O O O O O O O O O O O O O O O O O O O O O O Of 'DN O O O w M O O O O O � O ( N O O N O co(D fl- O O O n G? O - G? (� O C 00 CO (D L6 CO N 0) r M N CO ao O U ? CL X �w 69 69 M 69 64 64 r e9 6), 69 64 69 E1! co � r 69 le tr I- Zo 0 0 0 0 0 0 0 0 0 0 0 0 0 U o o � o (D c0 0o r; r` of LO 0 00 U O O M o O O N CO O (n 06 W O M N > U 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O _ > O O LO O O LO O O r O O in O O O O 0 co O 00 (D O 0 LO O 00 It O LO LT O LO M O O N P 4 d O C r' CO Q Q Q N .0 X d N 69 a- 64 M 69 a0 69 .O 64 N 69 Lrj 04 69 69 N 69 D) 69 Ci3 O M HQ�� ZW 69 N N O O O OOOO(! O O W Z J Z m OOOO O O O O OL ON O OO O0 n LO r ) O L O Lq r r r i` C LL V a C N r M a0 r It : Ir OD 0.p N �0�� U U) W U d p O o O o o O o o O o O O o Cc, O m d O O O O O O O O O CD Or O O N O O I-T O O n O O "r O O ti O O r O O ON O 0 - Q.. Or Or (D LO0 J� W E a) cf) O f O cliO Li (r.D- C) 1Cc Z G X w W 60 9 N H O O O O O O 0 0 O O o o O O 0 C •` O O O O O O N O (D (D co O 0 C ELO O LO LLLO O r' O LL 'E M O cq 1: O • o O Ln Ln r r r r r N col(i r 't 0) N co O r r. C LL U Q LL LL LL Q fn (n Q Q U o O Q a� • � � y w U � co D (D n ccu o C pL17 U m� U lC d: O := CU o 3 Q a am Q C CL 04 U� o cn to y > �Up (0 •O cN N q Lo N >+ (6 �- Y > O d > tC C "" p 7 E �(� W CU U co N� (0 >� O F-Q N N > ( . C O C O C <D f/) d +.+ U Y r+ p a+ s (D .t+ M m is (p cm C U N (0 (0 % (� C (6 8_ _A � V C C C C C C C C C C 7 'O In - •C C) U > p O @ F- C pcgJc�0 Q fD O O O 00 O 0(n Q 8 O ' Q�� •� O O O r N M zN O M to to 1` CO r r r 11 ' �0 c M OF t COUNCIL/RDA MEETING DATE: May 16, 2006 ITEM TITLE: Approval of the Plans, Specifications, and Engineer's Estimate and Authorization to Advertise for Bid the Jefferson Street at Avenue 49 Traffic Signal Improvements, Project Number 2004- 07B RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the plans, specifications, and engineer's estimate, and authorize staff to advertise for bid the Jefferson Street at Avenue 49 Traffic Signal Improvements, Project Number 2004-07B. FISCAL IMPLICATIONS: The following represents the project's "proposed" funding: City of La Quinta (12.5 %) City of Indio (12.5%): CVAG (75 %) Subtotal: $45,074 $45,074 $270,441 $360,589 Considering the Engineer's Estimate in the amount of $261,770, the following is the anticipated project budget: Construction: Design: Inspection/Test/Survey: Administration: Contingency: Total Anticipated Cost: $261,770 $26,177 $20,288 $13,088 $39,266 $360,589 Staff prepared a Cooperative Agreement which, among other things, names the City of La Quinta as the "Lead Agency for the proposed improvements, outlines the project costs, and estimates the funding share of each of the involved agencies. CVAG has agreed to reimburse the City of La Quinta 75 % of the cost of the new traffic signal as part of the existing Memorandum of Understanding (MOU) for the Jefferson Street Phase I Improvements. (. � 8V The City of Indio issued a letter on March 6, 2006 concurring with the City of La Quinta proceeding with the solicitation of construction bids for the proposed traffic signal at Avenue 49. The City of Indio also recommended that the Cooperative Agreement be finalized and presented to both City Councils after formal bids are received. Staff is not recommending funding appropriation at this time. Staff will develop a recommendation regarding the City's of La Quinta's funding appropriation after sealed bids are received and evaluated and request an appropriation at that time. CHARTER CITY IMPLICATIONS: The project is partially funded with City of Indio and CVAG funding. As such, the contractor will be required to pay prevailing wages for these improvements. BACKGROUND AND OVERVIEW: The project is located on Jefferson Street at its intersection with Avenue 49. The proposed improvements include the construction of a new traffic signal. On February 1, 2005, the City Council approved a Professional Services Agreement (PSA), in the amount of $30,120, with Katz Okitsu & Associates (KOA) to prepare the plans, specifications and engineer's estimate (PS&E) for the Fiscal Year 2004/2005 Traffic Signal Improvement Program, Project No. 2004-07. The design of the proposed traffic signal on Jefferson Street at Avenue 49 was included within KOA's scope of work. The PS&E are now complete and available for review within the Public Works Department. Contingent upon City Council authorization to advertise the project for bid on May 16, 2006, the following is the project schedule: City Council PS&E Approval Project Advertisement (30 days) Consider Cooperative Agreement and Award of Construction Sign Contracts and Mobilize Construction Project Close-out/Acceptance May 16, 2006 May 17 — June 16, 2006 July 5, 2006 July 6 - 31, 2006 August - November, 2006 December 2006 2 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the plans, specifications, and engineer's estimate, and authorize staff to advertise for bid the Jefferson Street at Avenue 49 Traffic Signal Improvements, Project Number 2004-0713; or 2. Do not approve the plans, specifications, and engineer's estimate, and do not authorize staff to advertise for bid the Jefferson Street at Avenue 49 Traffic Signal Improvements, Project Number 2004-0713; or 3. Provide staff with alternative direction. Respectfully submitted, T othy R. J n on, P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager 3 �pJ�V4 'C • Opp ow N V #Quw 4 OF COUNCIL/RDA MEETING DATE: May 16, 2006 ITEM TITLE: Adoption of a Resolution of the City Council Approving the Transfer and Assignment of the City's Solid Waste Collection and Recycling Services Franchises From Waste Management of the Desert to Burrtec Waste and Recycling Services, and Approving Amended Franchise Agreements with Burrtec Waste and Recycling Services RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council Approving the Transfer and Assignment of the City's Solid Waste Collection and Recycling Services Franchises from Waste Management of the Desert to Burrtec Waste and Recycling Services, and Approving Amended Franchise Agreements with Burrtec Waste and Recycling Services. FISCAL IMPLICATIONS: None, excepting that Burrtec has agreed to forgo any request for a fuel surcharge until at least July 1, 2007. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City adopted two Franchise Agreements on July 5, 2000, with Waste Management of California, Inc, dba Waste Management of the Desert ("Waste Management"). One Agreement is for the Collection, Transportation and Disposal of Municipal Solid Waste and the other is for the Collection and Recycling of Recyclable Materials. Both are for the period of June 30, 2000 through July 30, 2008. Waste Management has entered into a Purchase Agreement with Burrtec Waste and'. Recycling Services, LLC ("Burrtec") for the sale of all of its assets held under the entity "Waste Management of the Desert," which includes the City's franchise. Waste Management has requested that the City consent to a transfer of the Franchise as is required by the City's Agreement before a transfer can occur. r 9 �. Burrtec Waste and Recycling Services is a new entity formed to hold the assets of Waste Management of the Desert; however, it is proposed that its obligations will be secured by its affiliate company, Burrtec Waste Group, Inc. The City's solid waste consultants, Hilton Farnkopf & Hobson ("HF&H"), have analyzed Burrtec's qualifications to assume the City's Franchise Agreements, and their report (Attachment 1). A customer satisfaction survey conducted by HF&H demonstrates a high level of customer satisfaction in those cities serviced by Burrtec's affiliated companies. HF&H has concluded that Burrtec has the experience and financial resources needed to service the City, especially if its performance is secured by Burrtec Waste Group, Inc. In consideration of the requested consent.to transfer the Agreements, Burrtec has agreed to enter into Amended Franchise Agreements with the City. These Agreements (Exhibits "A" and "B" to the proposed Resolution) include the following key provisions: (1) a guarantee of Burrtec's performance by Burrtec Waste Group, Inc.; (2) a residential document shredding program for financial documents; (3) an Agreement not to seek a fuel surcharge for at least 1 year; (4) an requirement that the service level be at least equal to that provided by Waste Management; and 5) additional liquidated damages provision. Staff recommends that the Council approve the transfer at this time. It has been represented that the transfer will be somewhat seamless in that Burrtec in employing virtually all personnel, and purchasing all the equipment of Waste Management. Hence, residents will not see any significant change as a result of the transfer. In addition, key personnel, such as Frank Orlett and Deborah McGarrey (with whom the City has worked closely) will continue in their existing job functions as employees of Burrtec. The Council is being asked to adopt a Resolution granting 'its consent which references three Agreements. The first Agreement is an Assumption and Assignment Agreement by which Waste Management assigns its rights to Burrtec, and Burrtec agrees to assume Waste Management's responsibilities. The City's consent to the assignment is contingent on Burrtec agreeing to the terms set forth in amendments to both of the City's Franchise Agreements, and these two amendments are also before the Council for approval. The Council should note that the effectiveness of the assignment is contingent on Waste Management and Burrtec completing their transaction. It is expected that this will be accomplished by the end of June, and the new Burrtec Franchise would then take effect in July. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adoption of a Resolution of the City Council Approving the Transfer and Assignment of the City's Solid Waste Collection and Recycling Services Franchises From Waste Management of the Desert to Burrtec Waste and Recycling Services, and Approving Amended Franchise Agreements with BurrIf.T 90 Waste and Recycling Services; 2. Do not adopt the proposed Resolutions and take such other action as the Council deems appropriate; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas WEvans Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Hilton Farnkopf & Hobson, LLC Report RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING THE TRANSFER OF ITS SOLID WASTE AND RECYCLABLE MATERIAL COLLECTION FRANCHISES FROM WASTE MANAGEMENT OF CALIFORNIA, INC., a CALIFORNIA CORPORATION, dba WASTE MANAGEMENT OF THE DESERT, TO BURRTEC WASTE AND RECYCLING SERVICES, LLC. WHEREAS, Waste Management of California, Inc., a California Corporation dba Waste Management of the Desert ("Waste Management") holds two Exclusive Franchise Agreements with the City of La Quinta (the City) to provide solid waste and recycling collection and related services, and specifically an agreement entitled Amended and Restated Agreement for the Collection, Transportation, and Disposal of Municipal Solid Waste dated July 5, 2000 (the "Solid Waste Agreement") and an agreement entitled Amended and Restated Agreement for the Collection and Recycling of Recyclable Materials dated July 5, 2000 (the "Recycling Agreement"); and WHEREAS, Waste Management has entered an Asset Purchase Agreement (the Asset Purchase Agreement) with Burrtec Waste and Recycling Services, LLC ("Burrtec") which contemplates the transfer of various assets of Waste Management to Burrtec, including specifically Waste Management's rights and obligations under the Solid Waste Agreement and the Recycling Agreement; and WHEREAS, the Solid Waste Agreement and the Recycling Agreement require the consent of City before the transfer of such agreements as contemplated by the Asset Purchase Agreement may occur, and Waste Management and Burrtec have requested that City provide its consent to such a transfer; and WHEREAS, City has evaluated Burrtec's qualifications and financial strength, and determined Burrtec has the ability to satisfactorily provide the services in the City which are set forth in the Solid Waste Agreement and Recycling Agreement; and WHEREAS, as consideration for City's consent to the requested transfer, Burrtec has agreed to various amendments to the Solid Waste and Recycling Agreements, as more fully set forth herein; and WHEREAS, City is willing to provide its consent to the requested transfer of the Solid Waste Agreement and the Recycling Agreement from Waste Management to Burrtec, subject to the terms and conditions set forth in this Resolution, and thereby enter Exclusive Franchise Agreements with Burrtec for the C >~; 92 City Council Resolution No. 2006- Assignment to Burrtec Adopted: May 16, 2006 solid waste handling services set forth in the Solid Waste and Recycling Agreements; and WHEREAS, California Public Resources Code Section 49300 requires the City Council to approve the terms of the proposed Franchise Agreements with Burrtec pursuant to a City Council Resolution. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of La Quinta does hereby resolve as follows: SECTION 1. The City Council hereby transfer and assignment of the Solid Agreement from Waste Management contingencies set forth in this Resolution. grants its consent to and approves the Waste Agreement and the Recycling to Burrtec, subject to the terms and SECTION 2. The transfer and assignment of the Solid Waste and Recycling Agreements by Waste Management to Burrtec is subject to contingencies set forth in the Asset Purchase Agreement. It is the intention of the City Council that in the event the transaction contemplated in the Asset Purchase Agreement is not completed due to the failure of any of the contingencies set forth therein to be satisfied, Waste Management shall continue to hold of the franchise rights and obligations set forth in the Solid Waste and Recycling Agreements, and no transfer of those Agreements shall occur. Accordingly, the City's consent to the transfer contemplated herein is contingent upon the execution by Waste Management and Burrtec, and delivery to City, of an Assignment and Assumption agreement in substantially the same form as that attached hereto as Exhibit "A" (with such modifications as may be approved by the City Manager and City Attorney). SECTION 3. The transfer and assignment of the Solid Waste and Recycling Agreements by Waste Management to Burrtec is further subject to and contingent upon Burrtec's delivery to City of executed copies of the Amendments to the Solid Waste and Recycling Agreements (the "Amendments") which are attached as Exhibits B and C to this Resolution. The City Council hereby approves the Amendments and authorizes the Mayor to execute them if and when signed copies are delivered to City by Burrtec. SECTION 4. The transfer and assignment of the Solid Waste and Recycling Agreements by Waste Management to Burrtec is further subject to and contingent upon Burrtec's affiliated company, Burrtec Waste Group Inc.'s delivery to City. -of executed copies of the Corporate Guarantee's which are exhibits to the Amendments to the Solid Waste and Recycling Agreements (Exhibits B & C hereto) . C 9 3 City Council Resolution No. 2006- Assignment to Burrtec Adopted: May 16, 2006 SECTION 5. The transfer and assignment of the Solid Waste Agreement by Waste Management to Burrtec is further subject to and contingent upon Burrtec's delivery to City of evidence of insurance and a performance bond meeting the requirements of Articles V and VI of the Solid Waste Agreement. SECTION 6. The transfer and assignment of the Recycling Agreements by Waste Management to Burrtec is further subject to and contingent upon Burrtec's delivery to City of evidence of insurance and performance bond meeting the requirements of Articles V and VI of the Recycling Agreement. SECTION 7. The transfer and assignment of the Solid Waste and Recycling Agreements by Waste Management to Burrtec is further subject to and contingent upon Waste Management's reimbursement of all costs incurred by City as a result of its consideration and approval of the transfer contemplated herein, including, without limitation, all administrative costs, legal costs and consultant costs. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 16th day of May, 2006, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, MMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California EXHIBIT A ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Assignment") is made and entered into as of , 2006, by and between Waste Management of California, Inc., a California Corporation dba Waste Management of the Desert ("Assignor"), and Burrtec Waste and Recycling Services, LLC ("Assignee"), with reference to the following Recitals. Recitals A. On or about July 5, 2000, the City of La Quinta ("City") and Assignor entered into those certain agreements entitled "Amended and Restated Agreement for the Collection, Transportation, and Disposal of Municipal Solid Waste" (the "Solid Waste Agreement") and "Amended and Restated Agreement for the Collection and Recycling of Recyclable Materials" (the "Recycling Agreement"). B. Assignor is in the process of purchasing certain assets of Assignee (the "Proposed Transaction") and Assignor now desires to assign its right, title, and interest in and to the Solid Waste Agreement and the Recycling Agreement to Assignee, and Assignee desires to accept such assignment on, and subject to, the terms and conditions set forth in this Assignment. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Agreement 1. Assignment. Subject to the consummation of the Proposed Transaction, Assignor hereby assigns, conveys, transfers and delivers to Assignee all of Assignor's right, title, and interest in and to the Solid Waste Agreement and the Recycling Agreement, and Assignee hereby accepts such assignment and agrees to assume performance of all terms, covenants and conditions occurring or arising under the Solid Waste and Recycling Agreements on or after the date of this Assignment, including any modifications to such terms as agreed to between Assignee and City. 2. Assumption of Obligations. By acceptance of this Assignment, Assignee hereby agrees to assume all of Assignor's right, title, and interest in and to the Solid Waste Agreement and the Recycling Agreement, and Assignee agrees to timely discharge, perform or cause to be performed and to be bound by all of the liabilities, duties and obligations imposed in connection with the Solid Waste Agreement and the Recycling Agreement from and after the date of this Assignment to the same extent as if Assignee had been the original party thereto. 3. Successors and Assigns. This Assignment shall be binding upon and shall inure to the benefit of the successors and assigns of the respective parties hereto. C�. 95 4. Governing Law. This Assignment shall be governed by and construed in accordance with the laws of the State of California. 5. Further Assurances. The parties covenant and agree that they will execute such other and further instruments and documents as are or may become necessary or convenient to effectuate and carry out this Assignment. 6. Authority of Signatories to Bind Principals. The persons executing this Assignment on behalf of their respective principals represent that they have been authorized to do so and that they thereby bind the principals to the terms and conditions of this Assignment. 7. Interpretation. The paragraph headings of this Assignment are for reference and convenience only and are not part of this Assignment. They have no effect upon the construction or interpretation of any part hereof. The provisions of this Assignment shall be construed in a reasonable manner to effect the purposes of the parties and of this Assignment. 8. Attorney's Fees. In the event that a party to this Assignment brings an action against another party hereto by reason of the breach of any condition, covenant, representation or warranty in this Assignment, or otherwise arising out of this Assignment, the prevailing party in such action shall be entitled to recover from the non -prevailing party expert witness fees, and its reasonable attorney's fees and costs. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, including the conducting of discovery. 9. Counterparts. This Assignment may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument. 10. Conflicts. In the event of any inconsistency or conflict between the terms of that certain Asset Purchase Agreement between Assignor and Assignee dated January 25, 2006 (the "Asset Purchase Agreement") and this Assignment, the terms of the Asset Purchase Agreement shall prevail. IN WITNESS WHEREOF, this Assignment has been executed by the parties as of the date set forth above. "Assignor" WASTE MANAGEMENT OF CALIFORNIA INC., a California corporation dba Waste Management of the Desert 0 Its: "Assignee" Burrtec Waste and Recycling Services, LLC M Its: 384/015610-0089 2 lJ a. 96 707861.02 a05/10/06 EXHIBIT B FIRST AMENDMENT TO THE AMENDED AND RESTATED AGREEMENT FOR THE COLLECTION, TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE This first amendment (the "Amendment") to that certain agreement entitled "Amended and Restated Agreement for the Collection, Transportation, and Disposal of Municipal Solid Waste" (the "Agreement") is entered between the City of La Quinta (hereinafter "City") and Burrtec Waste and Recycling Services, LLC (hereinafter "Burrtec" and/or "Contractor") so as to be effective as of July 1, 2006. RECITALS A. City and Waste Management of California, Inc., a California Corporation dba Waste Management of the Desert ("Waste Management") entered the Agreement, which is dated July 5, 2000. B. Waste Management's has requested that its rights and obligations as set forth in the Agreement be transferred and assigned to Burrtec, and City has consented to this request contingent upon various factors, including Burrtec's agreement to certain amendments to the Agreement, which amendments the parties desire to memorialize by entering this Amendment. COVENANTS Section 1. Contractor. The term "Contractor" as used in the Agreement shall now refer to Burrtec. Section 2. Assumption of Obligations. By executing this Amendment, Burrtec agrees to assume all of Waste Managements right, title, and interest in and to the Agreement, and Burrtec agrees to timely discharge, perform or cause to be performed and to be bound by all of the liabilities, duties and obligations imposed in connection with the Agreement as if it had been the original party designated as the "Contractor" thereto. Included specifically, without limitation, in the obligations and liabilities assumed by Burrtec are those set forth in Article X of the Agreement. In this regard, Burrtec shall specifically assume any obligations and liabilities of Waste Management resulting from the application of the hazardous substances indemnification provisions of Section 10.2 in connection with the disposal of materials at facilities chosen by Waste Management or owned by Waste Management or any of its Affiliates. While as between Contractor and City this Agreement requires Contractor to assume any obligations and liabilities. of Waste Management that may exist pursuant to the terms of the Agreement, it is not intended to abrogate any rights which Contractor may have pursuant to that certain asset purchase agreement entered between Burrtec and Waste Management, dated January 25, 2006, to seek indemnification or other remedies from Waste Management as a result of Contractor's obligations hereunder. G� 97 Section 3. Maintenance of Existing Service Levels. Burrtec shall provide programs, staffing levels, and services that meet or exceed the programs, staffing levels and services provided by Waste Management prior to City's consent to the transfer and assignment of the Agreement, without regard to whether such programs, staffing levels or services are specifically called out in the Agreement or this Amendment. For instance, Waste Management allows any Residential Customer desiring to change Cart sizes to do so at no charge, and Burrtec agrees to continue this practice. Section 4. Insurance and Surety Bond: As a condition precedent to the effectiveness of City's consent to the transfer the Agreement to Burrtec, Burrtec shall provide evidence of insurance and a performance bond meeting the requirements of Articles V and VI of the Agreement. Section 5. Identification of Vehicles and Equipment. City understands Burrtec will utilize containers and collection vehicles in performance of the Agreement that it purchased from Waste Management. All such equipment utilized by Burrtec shall be uniformly painted as required by Article III of the Agreement. Burrtec shall not be required to repaint containers or collection vehicles purchased from Waste Management to reflect its corporate colors, however if it chooses to do so it shall accomplish repainting as expeditiously as reasonably possible. All collection vehicles utilized by Burrtec shall comply with applicable laws and regulations, including those related to the use of alternative fuels, and at a minimum all vehicles used in residential and commercial routes shall be powered by low emission fuel sources. Section 6. Limitation on requests for Fuel Surcharge. As additional consideration for the City's consent to the transfer of the Agreement, Burrtec agrees that if during the remainder of the term it seeks the City's consent to implement a "fuel surcharge," and recognizing that City has unfettered discretion as to whether to permit any such surcharge, it will not do so until after July 192007. Section 7. Residential Document Shredding Program Implementation. As additional consideration for the City's consent to the transfer of the Agreement, Burrtec agrees to implement a residential shredding program at no additional cost. The residential document shredding program shall be designed to meet at least the following minimum requirements. Not less than one time per calendar year, Contractor shall establish a location within City to which residents may deliver confidential documents, such as financial records. Contractor, or such vendor to whom it may contract to provide this service, shall take possession of all records delivered by residents to such location on the designated day(s) and cause them to be shredded on site. Thereafter, Contractor shall make all reasonable efforts to recycle the materials remaining after the shredding process is complete, and shall properly dispose of any remaining materials. Section 8. Audited Financial Statements: Burrtec shall provide a third party designated by City, such as its City Attorney or solid waste consultant, with its audited financial statements for calendar year 2006 and calendar year 2007 within five (5) months of the end of such calendar years. The City acknowledges that these records are viewed by Burrtec as proprietary and confidential, and will endeavor to maintain the confidentiality of all proprietary information provided by Burrtec. Notwithstanding the foregoing, any documents provided to City that are G 98 L� public records are subject to being disclosed as may be required by law pursuant to a Public Records Act request. Section 9. Additional Reports/Records: The parties agree that Section 7.1 of the Agreement shall be amended to require maintenance of the following records in addition to those already required: 1. Customer services and billing/payment records; 2. Number of refuse, recycling and green waste routes and rout hours by service category (residential, commercial, roll -off, and special services); 3. Facilities, equipment, and personnel used; 4. Number of refuse, recycling and green waste containers in service by frequency of collection for each customer group (residential, commercial, roll -off); and 5. Number of roll -off box pulls. Section 10. Transition Obligations: The parties agree that the Agreement shall be amended to add the following language to Section 21.2: At the end of the Term, or in the event this Agreement is terminated for cause prior to the end of the Term. Contractor shall cooperate fully with City and any subsequent solid waste enterprise it designates to assure a smooth transition of services. Contractor's cooperation shall include, but not be limited to, providing route lists, billing information and other operating records needed to service all premises covered by this Agreement. The failure to cooperate with City following termination shall be conclusively presumed to be grounds for specific performance of this covenant and/or other equitable relief necessary to enforce this covenant. Contractor shall provide any new solid waste enterprise with all keys, security codes and remote controls used to access garages, gates and bin enclosures. Contractor shall be responsible for coordinating transfer immediately after its final collection activities, so as to not disrupt services. Contractor shall provide City with detailed rout sheets containing service names and addresses, billing names and addresses, monthly rate and service levels (number and size of containers and pickup days) at least 90 days prior to the transition date, provide an updated list two weeks before the transition, and a final updated list with any changes the day before the transition. Contractor shall provide means of access to the new solid waste enterprise at least one full business day prior to its first day of collection, and within sufficient time so as to not impede in any way the new solid waste enterprise from easily servicing all containers. Section 11. Liquidated Damages: The parties agree that the Agreement shall be amended to add a new Section 9.2 which shall read as follows: The City finds, and Contractor agrees, that as of the time of the execution of this Amendment, it is impractical, if not impossible, to reasonably ascertain the extent of damages which shall be incurred by City as a result of a breach by Contractor of certain specific obligations of Contractor. The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact that: (i) substantial damage results to members of the public who are denied services or denied quality or reliable service; (ii) such breaches cause inconvenience, anxiety, frustration, and deprivation of the benefits of the Agreement to individual members of the general public for whose benefit this Agreement exists, in subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii) that the services that are the subject of this Agreement might be available at substantially lower costs than alternative services and the monetary loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise monetary terms; and (iv) the termination of this Agreement for such specific breaches, and other remedies are, at best, a means of future correction and not remedies which make the public whole for past breaches. The parties further acknowledge that consistent, reliable Solid Waste collection service is of utmost importance to City and that City has considered and relied on Contractor's representations as to its quality of service commitment in entering this Amendment and the Agreement. The parties further recognize that some quantified standards of performance are necessary and appropriate to ensure consistent and reliable service and performance. The parties further recognize that if Contractor fails to achieve the performance standards, or fails to submit required documents in a timely manner, City and its residents will suffer damages and that it is and will be impractical and extremely difficult to ascertain and determine the exact amount of damages which City will suffer. Therefore, the parties agree that the following liquidated damage amounts represent a reasonable estimate of the amount of such damages for such specific breaches, considering all of the circumstances existing on the date of this Amendment, including the relationship of the sums to the range of harm to City that reasonably could be anticipated and the anticipation that proof of actual damages would be costly or impractical. In placing their initials at the places provided, each party specifically confirms the accuracy of the statements made above and the fact that each party has had ample opportunity to consult with legal counsel and obtain an explanation of the liquidated damage provisions at the time that the Agreement was made. Contractor City Initial Here Initial Here Contractor agrees to pay (as liquidated damages and not as a penalty) the amounts set forth below for each of the respective acts: Failure to provide services For each day that Contractor fails to provide any of the services required under this Agreement, commencing five (5) business days after written notice is provided by the City that Contractor is not providing required services: $500.00/day Gtoo Failure to provide reports or records For each day that required monthly reports are late or incomplete, or that records required to be produced hereunder are not made available: $50.00/day For each day that required annual reports are late or incomplete: $100.00/day Failure to Cooperate with Service Provider Transition: For each day routing information, customer data and other operation information requested by City is received after City established due dates, both for preparation of a request for proposals and for new service providers implementation of service: $1,000.00/day For each day delivery of keys, access codes, remote controls, or other means of access to containers or container locations is delayed beyond one (1) day prior to new service provider servicing containers: $5,000/day Prior to assessing liquidated damages, City shall give Contractor notice of its intention to do so. The notice will include a brief description of the incident(s)/non-performance. Contractor may review (and make copies at its own expense) all information in the possession of City relating to incident(s)/non-performance. Contractor may, within ten (10) days after receiving the notice, request a meeting with City. Contractor may present evidence in writing and through testimony of its employees and others relevant to the incident(s)/non-performance. City will provide Contractor with a written explanation of his or her determination on each incident(s)/non-performance prior to authorizing the assessment of liquidated damages. The decision of City shall be final. Contractor shall pay any liquidated damages assessed by City within ten (10) days after they are assessed. If they are not paid within the ten (10) day period, City may proceed against the performance bond required by the Agreement or find Contractor in default and terminate this Agreement, or both. Section 12. Guarantee of Contractor's Performance. Concurrent with executing this Amendment Contractor shall deliver to City a Corporate Guarantee, in the form attached hereto as Exhibit 1, executed by Burrtec Waste Group Inc. affirming that it shall act as guarantor of Contractor's obligations as set for in the Agreement, as amended by this Amendment. Section 13. Reimbursement of City Expenses. As a condition precedent to the effectiveness of the provisions of this Amendment, Contractor shall pay City an amount equal to all administrative, legal and consulting costs it incurred in connection with negotiating, analyzing, and entering this Amendment. Such payment shall be taken from the deposit already provided to City by Contractor, with any amounts exceeding the amount of the deposit -due within 30 days of Contractor receiving an invoice from City for the foregoing expenses. Section 14. Effectiveness of Agreement. All provisions of the Agreement, excepting for those expressly amended herein, shall remain unchanged and in full force and effect. GL 101 IN WITNESS WHEREOF, the Parties hereto have executed this Amendment to be effective as of the date written above. CITY OF LA QUINTA By: DON ADOLPH, Mayor Attest: By: JUNE S. GREEK, City Clerk Approved as to form: By: M. KATHERINE JENSON, City Attorney BURRTEC WASTE AND RECYCLING SERVICES, LLC By: its: EXHIBIT 1 CORPORATE GUARANTY THIS GUARANTY (the "Guaranty) is given as of the 1st day of July, 2004, and is made with reference to the following facts and circumstances: A. Burrtec Waste and Recycling Services, Inc., hereinafter ("Contractor") is a an affiliate of Burrtec Waste Group (Guarantor). B. Contractor has assumed the obligations of Waste Management of California, Inc., a California Corporation dba Waste Management of the Desert ("Waste Management") in that certain agreement with the City of La Quinta ("City") dated July 5, 2000 and entitled "Amended and Restated Agreement for the Collection, Transportation, and Disposal of Municipal Solid Waste" (the "Agreement"). C. Contractor has additionally entered into an agreement with City dated July 1, 2006 and entitled "First Amendment to Amended and Restated Agreement for the Collection, Transportation, and Disposal of Municipal Solid Waste" (the "First Amendment") D. It is a requirement of the First Amendment, and a condition to the City approving the transfer and assignment of the Agreement to Contractor, that Guarantor guaranty Contractor's performance of the Agreement, including as it has been modified by the First Amendment. E. Guarantor is providing this Guaranty to induce the City to approve the transfer of the Agreement and enter into the First Amendment. NOW, THEREFORE, in consideration of the foregoing, Guarantor agrees as follows: 1. Guaranty of the Agreement. Guarantor hereby irrevocably and unconditionally guarantees to the City the complete and timely performance, satisfaction and observation by Contractor of each and every term and condition of the Agreement, as amended and modified by the First Amendment, which Contractor is required to perform, satisfy or observe. In the event that Contractor fails to perform, satisfy or observe any of the terms and conditions of the Agreement, as amended and modified by the First Amendment, Guarantor will promptly and fully perform, satisfy or observe them in the place of the Contractor (including by causing the services required of Contractor to be performed by a Solid Waste Enterprise acceptable to City). Guarantor hereby guarantees payment to the City of any damages, costs or expenses which might become recoverable by the City from Contractor due to its breach of the Agreement, as amended and modified by the First Amendment. 2. Guarantor's Obligations Are Absolute. The obligations ,of the Guarantor hereunder are direct, immediate, absolute, continuing, unconditional and unlimited, and with respect to any payment obligation of Contractor under the Agreement, or the First Amendment, shall constitute a guarantee of payment and not of collection, and are not conditional upon the G%. 103 genuineness, validity, regularity or enforceability of the Agreement or First Amendment. In any action brought against the Guarantor to enforce, or for damages for breach of, its obligations hereunder, the Guarantor shall be entitled to all defenses, if any, that would be available to the Contractor in an action to enforce, or for damages for breach of, the Agreement as amended and modified by the First Amendment (other than discharge of, or stay of proceedings to enforce, obligations under the Agreement under bankruptcy law). 3. Waivers. Except as provided herein the Guarantor shall have no right to terminate this Guaranty or to be released, relieved, exonerated or discharged from its obligations under it for any reason whatsoever, including, without limitation: (1) the insolvency, bankruptcy, reorganization or cessation of existence of the Contractor; (2) the actual or purported rejection by a trustee in bankruptcy of the Agreement, or any limitation on any claim in bankruptcy resulting from the actual or purported termination of the Agreement; (3) any waiver with respect to any of the obligations of the Agreement, as amended and modified by the First Amendment, guaranteed hereunder or the impairment or suspension of any of the City's rights or remedies against the Contractor; or (4) any merger or consolidation of the Contractor with any other corporation, or any sale, lease or transfer of any or all the assets of the Contractor. Without limiting the generality of the foregoing, Guarantor hereby waives the rights and benefits under California Civil Code Section 2819. The Guarantor hereby waives any and all benefits and defenses under California Civil Code Section 2846, 2849, and 2850, including without limitation, the right to require the City to (a) proceed against Contractor, (b) proceed against or exhaust any security or collateral the City may hold now or hereafter hold, or (c) pursue any other right or remedy for Guarantor's benefit, and agrees that the City may proceed against Guarantor for the obligations guaranteed herein without taking any action against Contractor or any other guarantor or pledgor and without proceeding against or exhausting any security or collateral the City may hold now or hereafter hold. City may unqualifiedly exercise in it sole discretion any or all rights and remedies available to it against Contractor or any other guarantor or pledgor without impairing the City's rights and remedies in enforcing this Guaranty. The Guarantor hereby waives and agrees to waive at any future time at the request of the City to the extent now or then permitted by applicable law, any and all rights which the Guarantor may have or which at any time hereafter may be conferred upon it, by statute, regulation or otherwise, to avoid any of its obligations under, or to terminate, cancel, quit or surrender this Guaranty. The Guarantor hereby expressly waives, diligence, presentment, demand for payment or performance, protest and all notices whatsoever, including, but not limited to, notices of non- payment or non-performance, notices of protest, notices of any breach or default, and notices of acceptance of this Guaranty. If all or any portion of the obligations guaranteed hereunder are paid or performed, Guarantor's obligations hereunder shall continue and remain in full force and effect in the event that all or any part of such payment or performance is avoided or recovefed directly or indirectly from the City as a preference, fraudulent transfer or otherwise, irrespective of (a) any notice of revocation given by Guarantor or Contractor prior to such avoidance or recovery, and (b) payment in full of any obligations then outstanding. (. 104 4. Term. This Guaranty is not limited to any period of time, but shall continue in full force and effect until all of the terms and conditions of the Agreement have been fully performed or otherwise discharged and Guarantor shall remain fully responsible under this Guaranty without regard to the acceptance by the City of any performance bond or other collateral to assure the performance of Contractor's obligations under the Agreement. Guarantor shall not be released of its obligations hereunder as long as there is any claim by the City against Contractor arising out of the Agreement based on Contractor's failure to perform which has not been settled or discharged. 5. No Waivers. No delay on the part of the City in exercising any rights under this Guaranty or failure to exercise such rights shall operate as a waiver of such rights. No notice to or demand on Guarantor shall be a waiver of any obligation of Guarantor or right of the City to take other or further action without notice or demand. No modification or waiver of any of the provisions of this Guaranty shall be effective unless it is in writing and signed by the City and by Guarantor, nor shall any waiver be effective except in the specific instance or matter for which it is given. 6. Attorney's Fees. In addition to the amounts guaranteed under this Guaranty, Guarantor agrees in the event of Guaranty's breach of its obligations including to pay reasonable attorney's fees and all other reasonable costs and expenses incurred by the City in enforcing this Guaranty, or in any action or proceeding arising out of or relating to this Guaranty, including any action instituted to determine the respective rights and obligations of the parties hereunder. 7. Governing Law: Jurisdiction. This Guaranty is and shall be deemed to be a contract entered into in, and pursuant to the laws of, the State of California and shall be governed and construed in accordance with the laws of California without regard to its conflicts of laws, rules for all purposes including, but not limited to, matters of construction, validity and performance. Guarantor agrees that any action brought by the City to enforce this Guaranty may be brought in any court of the State of California and Guarantor consents to personal jurisdiction over it by such courts. 8. Severability. If any portion of this Guaranty is held to be invalid or unenforceable, such invalidity will have no effect upon the remaining portions of this Guaranty, which shall be severable and continue in full force and effect. 9. Binding On Successors. This Guaranty shall inure to the benefit of the City and its successors and shall be binding upon Guarantor and its successors, including transferee(s) of substantially all of its assets and its shareholder(s) in the event of its dissolution or insolvency. 10. Authority. Guarantor represents and warrants that it has the corporate power and authority to give this Guaranty, that its execution of this Guaranty has been authorized by all necessary action under its Article of Incorporation and By -Laws, and that the person signing this Guaranty on its behalf has the authority to do so. 11. Notices. Notice shall be given in writing, deposited in the U.S. mail, registered -or certified, first class postage prepaid, addressed as follows: G'. 10!5 To the City: Thomas P. Genovese, City Manager City of La Quinta P. O. Box 1504 La Quinta, CA 92247 with a copy to the City's Legal Counsel at the same address. To the Guarantor: Guarantor: Burrtec Waste Group, Inc. (title) C. 106 EXHIBIT C FIRST AMENDMENT TO THE AMENDED AND RESTATED AGREEMENT FOR THE COLLECTION AND RECYCLING OF RECYCLABLE MATERIALS This first amendment (the "Amendment") to that certain agreement entitled "Amended and Restated Agreement for the Collection and Recycling of Recyclable Materials" (the "Agreement") is entered between the City of La Quinta (hereinafter "City") and Burrtec Waste and Recycling Services, LLC (hereinafter "Burrtec" and/or "Contractor") so as to be effective as of July 1, 2006. RECITALS A. City and Waste Management of California, Inc., a California Corporation dba Waste Management of the Desert ("Waste Management") entered the Agreement, which is dated July 5, 2000. B. Waste Management's has requested that its rights and obligations as set forth in the Agreement be transferred and assigned to Burrtec, and City has consented to this request contingent upon various factors, including Burrtec's agreement to certain amendments to the Agreement, which amendments the parties desire to memorialize by entering this Amendment. COVENANTS Section 1. Contractor. The term "Contractor" as used in the Agreement shall now refer to Burrtec. Section 2. Assumption of Obligations. By executing this Amendment, Burrtec agrees to assume all of Waste Managements right, title, and interest in and to the Agreement, and Burrtec agrees to timely discharge, perform or cause to be performed and to be bound by all of the liabilities, duties and obligations imposed in connection with the Agreement as if it had been the original party designated as the "Contractor" thereto. Included specifically, without limitation, in the obligations and liabilities assumed by Burrtec are those set forth in Article X of the Agreement. In this regard, Burrtec shall specifically assume any obligations and liabilities of Waste Management resulting from the application of the hazardous substances indemnification provisions of Section 10.2 in connection with the disposal of materials at facilities chosen by Waste Management or owned by Waste Management or any of its Affiliates. While as between Contractor and City this Agreement requires Contractor to assume any obligations and liabilities of Waste Management that may exist pursuant to the terms of the Agreement, it is not intended to abrogate any rights which Contractor may have pursuant to that certain asset purchase agreement entered between Burrtec and Waste Management, dated January 25, 2006, to seek indemnification or other remedies from Waste Management as a result of Contractor's obligations hereunder. G.. 107 Section 3. Maintenance of Existing Service Levels. Burrtec shall provide programs, staffing levels, and services that meet or exceed the programs, staffing levels and services provided by Waste Management prior to City's consent to the transfer and assignment of the Agreement, without regard to whether such programs, staffing levels or services are specifically called out in the Agreement or this Amendment. For instance, Waste Management allows any Residential Customer desiring to change Cart sizes to do so at no charge, and Burrtec agrees to continue this practice. Section 4. Insurance and Surety Bond: As a condition precedent to the effectiveness of City's consent to the transfer the Agreement to Burrtec, Burrtec shall provide evidence of insurance and a performance bond meeting the requirements of Articles V and VI of the Agreement. Section 5. Identification of Vehicles and Equipment. City understands Burrtec will utilize containers and collection vehicles in performance of the Agreement that it purchased from Waste Management. All such equipment utilized by Burrtec shall be uniformly painted as required by Article III of the Agreement. Burrtec shall not be required to repaint containers or collection vehicles purchased from Waste Management to reflect its corporate colors, however if it chooses to do so it shall accomplish repainting as expeditiously as reasonably possible. All collection vehicles utilized by Burrtec shall comply with applicable laws and regulations, including those related to the use of alternative fuels, and at a minimum all vehicles used in residential and commercial routes shall be powered by low emission fuel sources. Section 6. Limitation on requests for Fuel Surcharge. As additional consideration for the City's consent to the transfer of the Agreement, Burrtec agrees that if during the remainder of the term it seeks the City's consent to implement a "fuel surcharge," and recognizing that City has unfettered discretion as to whether to permit any such surcharge, it will not do so until after July 1, 2007. Section 7. Residential Document Shredding Program Implementation. As additional consideration for the City's consent to the transfer of the Agreement, Burrtec agrees to implement a residential document shredding program at no additional cost. The residential shredding program shall be designed to meet at least the following minimum requirements. Not less than one time per calendar year, Contractor shall establish a location within City to which residents may deliver confidential documents, such as financial records. Contractor, or such vendor to whom it may contract to provide this service, shall take possession of all records delivered by residents to such location on the designated day(s) and cause them to be shredded on site. Thereafter, Contractor shall make all reasonable efforts to recycle the materials remaining after the shredding process is complete, and shall properly dispose of any remaining materials. Section 8. Audited Financial Statements: Burrtec shall provide a third party designated by City, such as its City Attorney or solid waste consultant, with its audited financial statements for calendar year 2006 and calendar year 2007 within five (5) G 108 months of the end of such calendar years. The City acknowledges that these records are viewed by Burrtec as proprietary and confidential, and will endeavor to maintain the confidentiality of all proprietary information provided by Burrtec. Notwithstanding the foregoing, any documents provided to City that are public records are subject to being disclosed as may be required by law pursuant to a Public Records Act request. Section 9. Additional Reports/Records: The parties agree that Section 7.1 of the Agreement shall be amended to require maintenance of the following records in addition to those already required: 1. Customer services and billing/payment records; 2. Number of refuse, recycling and green waste routes and rout hours by service category (residential, commercial, roll -off, and special services); 3. Facilities, equipment, and personnel used; 4. Number of refuse, recycling and green waste containers in service by frequency of collection for each customer group (residential, commercial, roll - off); and 5. Number of roll -off box pulls. Section 10. Transition Obligations: The parties agree that the Agreement shall be amended to add the following language to Section 21.2: At the end of the Term, or in the event this Agreement is terminated for cause prior to the end of the Term, Contractor shall cooperate fully with City and any subsequent solid waste enterprise it designates to assure a smooth transition of services. Contractor's cooperation shall include, but not be limited to, providing route lists, billing information and other operating records needed to service all premises covered by this Agreement. The failure to cooperate with City following termination shall be conclusively presumed to be grounds for specific performance of this covenant and/or other equitable relief necessary to enforce this covenant. Contractor shall provide any new solid waste enterprise with all keys, security codes and remote controls used to access garages, gates and bin enclosures. Contractor shall be responsible for coordinating transfer immediately after its final collection activities, so as to not disrupt services. Contractor shall provide City with detailed rout sheets containing service names and addresses, billing names and addresses, monthly rate and service levels (number and size of containers and pickup days) at least 90 days prior to the transition date, provide an updated list two weeks before the transition, and a final updated list with any changes the day before the transition. Contractor shall provide means of access to the new solid waste enterprise at least one full business day prior to its first day of 61 10.9 collection, and within sufficient time so as to not impede in any way the new solid waste enterprise from easily servicing all containers. Section 11. Liquidated Damages: The parties agree that the Agreement shall be amended to add a new Section 9.2 which shall read as follows: The City finds, and Contractor agrees, that as of the time of the execution of this Amendment, it is impractical, if not impossible, to reasonably ascertain the extent of damages which shall be incurred by City as a result of a breach by Contractor of certain specific obligations of Contractor. The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact that: (i) substantial damage results to members of the public who are denied services or denied quality or reliable service; (ii) such breaches cause inconvenience, anxiety, frustration, and deprivation of the benefits of the Agreement to individual members of the general public for whose benefit this Agreement exists, in subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii) that the services that are the subject of this Agreement might be available at substantially lower costs than alternative services and the monetary loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise monetary terms; and (iv) the termination of this Agreement for such specific breaches, and other remedies are, at best, a means of future correction and not remedies which make the public whole for past breaches. The parties further acknowledge that consistent, reliable Solid Waste collection service is of utmost importance to City and that City has considered and relied on Contractor's representations as to its quality of service commitment in entering this Amendment and the Agreement. The parties further recognize that some quantified standards of performance are necessary and appropriate to ensure consistent and reliable service and performance. The parties further recognize that if Contractor fails to achieve the performance standards, or fails to submit required documents in a timely manner, City and its residents will suffer damages and that it is and will be impractical and extremely difficult to ascertain and determine the exact amount of damages which City will suffer. Therefore, the parties agree that the following liquidated damage amounts represent a reasonable estimate of the amount of such damages for such specific breaches, considering all of the circumstances existing on the date of this Amendment, including the relationship of the sums to the range of harm to City that reasonably could be anticipated and the anticipation that proof of actual damages would be costly or impractical. In placing their initials at the places provided, each party specifically confirms the accuracy of the statements made above and the fact that each party has had ample opportunity to consult with legal counsel and obtain an explanation of the liquidated damage provisions at the time that the Agreement was made. 110 Contractor City Initial Here Initial Here Contractor agrees to pay (as liquidated damages and not as a penalty) the amounts set forth below for each of the respective acts: Failure to provide services For each day that Contractor fails to provide any of the services required under this Agreement, commencing five (5) business days after written notice is provided by the City that Contractor is not providing required services: $500.00/day Failure to provide reports or records For each day that required monthly reports are late or incomplete, or that records required to be produced hereunder are not made available: $50.00/day For each day that required annual reports are late or incomplete: $100.00/day Failure to Cooperate with Service Provider Transition: For each day routing information, customer data and other operation information requested by City is received after City established due dates, both for preparation of a request for proposals and for new service providers implementation of service: $1,000.00/day For each day delivery of keys, access codes, remote controls, or other means of access to containers or container locations is delayed beyond one (1) day prior to new service provider servicing containers: $5,000/day Prior to assessing liquidated damages, City shall give Contractor notice of its intention to do so. The notice will include a brief description of the incident(s) /non-performance. Contractor may review (and make copies at its own expense) all information in the possession of City relating to incident(s)/non-performance. Contractor may, within ten (10) days after receiving the notice, request a meeting with City. Contractor may present evidence in writing and through testimony of its employees and others relevant to the incident(s)/non-performance. City will provide Contractor with a written explanation of his or her determination on each incident(s)/non-performance prior to authorizing the assessment of liquidated, damages. The decision of City shall be final. Contractor shall pay any liquidated damages assessed by City within ten (10) days after they are assessed. If they are not paid within the ten (10) day period, City may proceed against the performance bond required by the Agreement or find Contractor in default and terminate this Agreement, or both. Section 12. Guarantee of Contractor's Performance. Concurrent with executing this Amendment Contractor shall deliver to City a Corporate Guarantee, in the form attached hereto as Exhibit 1, executed by Burrtec Waste Group Inc. affirming that it shall act as guarantor of Contractor's obligations as set for in the Agreement, as amended by this Amendment. Section 13. Reimbursement of City Expenses. As a condition precedent to the effectiveness of the provisions of this Amendment, Contractor shall pay City an amount equal to all administrative, legal and consulting costs it incurred in connection with negotiating, analyzing, and entering this Amendment. Such payment shall be taken from the deposit already provided to City by Contractor, with any amounts exceeding the amount of the deposit due within 30 days of Contractor receiving an invoice from City for the foregoing expenses. Section 14. Effectiveness of Agreement. All provisions of the Agreement, excepting for those expressly amended herein, shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this Amendment to be effective as of the date written above. CITY OF LA QUINTA By: DON ADOLPH, Mayor Attest: By: JUKE S. GREEK, City Clerk Approved as to form: By: M. KATHERINE JENSON, City Attorney BURRTEC WASTE AND RECYCLING SERVICES, LLC By: its: G� 112 EXHIBIT 1 CORPORATE GUARANTY THIS GUARANTY (the "Guaranty) is given as of the 1st day of July, 2004, and is made with reference to the following facts and circumstances: A. Burrtec Waste and Recycling Services, Inc., hereinafter ("Contractor") is a an affiliate of Burrtec Waste Group (Guarantor). B. Contractor has assumed the obligations of Waste Management of California, Inc., a California Corporation dba Waste Management of the Desert ("Waste Management") in that certain agreement with the City of La Quinta ("City") dated July 5, 2000 and entitled "Amended and Restated Agreement for the Collection and Recycling of Recyclable Materials" (the "Agreement"). C. Contractor has additionally entered into an agreement with City dated July 19 2006 and entitled "First Amendment to Amended and Restated Agreement for the Collection and Recycling of Recyclable Materials" (the "First Amendment") D. It is a requirement of the First Amendment, and a condition to the City approving the transfer and assignment of the Agreement to Contractor, that Guarantor guaranty Contractor's performance of the Agreement, including as it has been modified by the First Amendment. E. Guarantor is providing this Guaranty to induce the City to approve the transfer of the Agreement and enter into the First Amendment. NOW, THEREFORE, in consideration of the foregoing, Guarantor agrees as follows: 1. Guaranty of the Agreement. Guarantor hereby irrevocably and unconditionally guarantees to the City the complete and timely performance, satisfaction and observation by Contractor of each and every term and condition of .the Agreement, as amended and modified by the First Amendment, which Contractor is required to perform, satisfy or observe. In the event that Contractor fails to perform, satisfy or observe any of the terms and conditions of the Agreement, as amended and modified by the First Amendment, Guarantor will promptly and fully perform, satisfy or observe them in the place of the Contractor (including by causing the services required of Contractor to be performed by a Solid Waste Enterprise acceptable to City). Guarantor hereby guarantees payment to the City of any damages, costs or expenses which might become recoverable by the City from Contractor due to its breach of the Agreement, as amended and modified by the First Amendment. 2. Guarantor's Obligations Are Absolute. The obligations of the Guarantor hereunder are direct, immediate, absolute, continuing, unconditional and unlimited, and with respect to any payment obligation of Contractor under the Agreement, or the First Amendment, shall constitute a guarantee of payment and not of collection, and are not conditional upon the genuineness, validity, regularity or enforceability of the Agreement or First Amendment. In any action brought against the Guarantor to enforce, or for damages for breach of, its obligations hereunder, the Guarantor shall be entitled to all defenses, if any, that would be available to the Contractor in an action to enforce, or for damages for breach of, the Agreement as amended and modified by the First Amendment (other than discharge of, or stay of proceedings to enforce, obligations under the Agreement under bankruptcy law). 3. Waivers. Except as provided herein the Guarantor shall have no right to terminate this Guaranty or to be released, relieved, exonerated or discharged from its obligations under it for any reason whatsoever, including, without limitation: (1) the insolvency, bankruptcy, reorganization or cessation of existence of the Contractor; (2) the actual or purported rejection by a trustee in bankruptcy of the Agreement, or any limitation on any claim in bankruptcy resulting from the actual or purported termination of the Agreement; (3) any waiver with respect to any of the obligations of the Agreement, as amended and modified by the First Amendment, guaranteed hereunder or the impairment or suspension of any of the City's rights or remedies against the Contractor; or (4) any merger or consolidation of the Contractor with any other corporation, or any sale, lease or transfer of any or all the assets of the Contractor. Without limiting the generality of the foregoing, Guarantor hereby waives the rights and benefits under California Civil Code Section 2819. The Guarantor hereby waives any and all benefits and defenses under California Civil Code Section 2846, 2849, and 2850, including without limitation, the right to require the City to (a) proceed against Contractor, (b) proceed against or exhaust any security or collateral the City may hold now or hereafter hold, or (c) pursue any other right or remedy for Guarantor's benefit, and agrees that the City may proceed against Guarantor for the obligations guaranteed herein without taking any action against Contractor or any other guarantor or pledgor and without proceeding against or exhausting any security or collateral the City may hold now or hereafter hold. City may unqualifiedly exercise in it sole discretion any or all rights and remedies available to it against Contractor or any other guarantor or pledgor without impairing the City's rights and remedies in enforcing this Guaranty. The Guarantor hereby waives and agrees to waive at any future time at the request of the City to the extent now or then permitted by applicable law, any and all rights which the Guarantor may have or which at any time hereafter may be conferred upon it, by statute, regulation or otherwise, to avoid any of its obligations under, or to terminate, cancel, quit or surrender this Guaranty. The Guarantor hereby expressly waives, diligence, presentment, demand for . , . payment or performance, protest and all notices whatsoever, including, but not limited to, notices of non-payment or non-performance, notices of protest, notices of any breach or default, and notices of acceptance of this Guaranty. If all or any portion of the a C..114 obligations guaranteed hereunder are paid or performed, Guarantor's obligations hereunder shall continue and remain in full force and effect in the event that all or any part of such payment or performance is avoided or recovered directly or indirectly from the City as a preference, fraudulent transfer or otherwise, irrespective of (a) any notice of revocation given by Guarantor or Contractor prior to such avoidance or recovery, and (b) payment in full of any obligations then outstanding. 4. Term. This Guaranty is not limited to any period of time, but shall continue in full force and effect until all of the terms and conditions of the Agreement have been fully performed or otherwise discharged and Guarantor shall remain fully responsible under this Guaranty without regard to the acceptance by the City of any performance bond or other collateral to assure the performance of Contractor's obligations under the Agreement. Guarantor shall not be released of its obligations hereunder as long as there is any claim by the City against Contractor arising out of the Agreement based on Contractor's failure to perform which has not been settled or discharged. 5. No Waivers. No delay on the part of the City in exercising any rights under this Guaranty or failure to exercise such rights shall operate as a waiver of such rights. No notice to or demand on Guarantor shall be a waiver of any obligation of Guarantor or right of the City to take other or further action without notice or demand. No modification or waiver of any of the provisions of this Guaranty shall be effective unless it is in writing and signed by the City and by Guarantor, nor shall any waiver be effective except in the specific instance or matter for which it is given. 6. Attorney's Fees. In addition to the amounts guaranteed under this Guaranty, Guarantor agrees in the event of Guaranty's breach of its obligations including to pay reasonable attorney's fees and all other reasonable costs and expenses incurred by the City in enforcing this Guaranty, or in any action or proceeding arising out of or relating to this Guaranty, including any action instituted to determine the respective rights and obligations of the parties hereunder. 7. Governing Law: Jurisdiction. This Guaranty is and shall be deemed to be a contract entered into in, and pursuant to the laws of, the State of California and shall be governed and construed in accordance with the laws of California without regard to its conflicts of laws, rules for all purposes including, but not limited to, matters of construction, validity and performance. Guarantor agrees that any action brought by the City to enforce this Guaranty may be brought in any court of the State of California and Guarantor consents to personal jurisdiction over it by such courts. 8. Severability. If any portion of this Guaranty is held to be invalid or unenforceable, such invalidity will have no effect upon the remaining portions of this Guaranty, which shall be severable and continue in full force and effect. 9. Binding On Successors. This Guaranty shall inure to the benefit of the City and its successors and shall be binding upon Guarantor and its successors, including transferee(s) of substantially all of its assets and its shareholder(s) in the event of its dissolution or insolvency. 10. Authority. Guarantor represents and warrants that it has the corporate power and authority to give this Guaranty, that its execution of this Guaranty has been authorized by all necessary action under its Article of Incorporation and By -Laws, and that the person signing this Guaranty on its behalf has the authority to do so. 11. Notices. Notice shall be given in writing, deposited in the U.S. mail, registered or certified, first class postage prepaid, addressed as follows: To the City: Thomas P. Genovese, City Manager City of La Quinta P. O. Box 1504 La Quinta, CA 92247 with a copy to the City's Legal Counsel at the same address. To the Guarantor: Guarantor: Burrtec Waste Group, Inc. wo (title) ATTACHMENT #1 CITY OF LA QUINTA Review of Proposed Assignment of Solid Waste Agreement Final Report April 25, 2006 Prepared by: Hilton Farnkopf & Hobson, LLC 3990 Westerly Place, Suite 195 Newport Beach, California 92660-2311 Phone: 949/251-8628 Facsimile: 949/251-9741 G�� '117 HILTON FARNKOPF & HOBSON, LLC Advisory Services to Municipal Management 3990 Westerly Place, Suite 195 Newport Beach, California 92660 Telephone: 949/251-8628 Fax: 949/251-9741 www. hf h-consultants. com April 25, 2006 Mr. Doug Evans Director, Community Development Department City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, California 92253-1504 Northern California Southern California Robert D. Hilton, CMC John W. Farnkopf, PE Laith B. Ezzet, CMC Review of Proposed Assignment of Solid Waste Agreement Dear Mr. Evans: We have completed our review of the proposed assignment of the City of La Quinta's solid waste collection agreement from Waste Management of the Desert to Burrtec Waste & Recycling Services. The enclosed report describes the study's background, objectives, work performed, findings and conclusion. A summary of the study findings and our conclusion is provided below. Summary of Findings 1. Burrtec has extensive experience in Southern California providing solid waste services similar to those in La Quinta. 2. Although smaller than Waste Management, Burrtec has significant financial resources and its financial stability, as measured by standard financial ratios, is similar to industry benchmarks. 3. The financing of the acquisition of WM's Coachella Valle y operations may increase Burrtec's financial risk. 4. Based on a sample of jurisdictions contacted where Burrtec is providing service, performance is at least satisfactory and often above expectations. 5. Burrtec maintains general liability insurance coverage that meets the current requirements contained in the La Quinta franchise agreement. 6. The City should obtain a corporate guaranty from Burrtec Waste Industries to assure the performance of the contracting entity. -c::it*s *HILTON FARNKOPF & HOBSON, LLC Mr. Doug Evans April 25, 2006 Page 2 7. The existing agreement should be updated to ensure that the City has access to the necessary reports and records to manage the agreement, and that the agreement contains enforcement mechanisms for the City to monitor performance. a. Section 7.1 of the existing refuse collection and recycling collection agreements should be amended to add the solid waste records described in Finding #7a of the attached report; b. The agreement should be amended to include a provision requiring the contractor's cooperation during a transition in the event of termination or expiration; c. The existing agreement should be amended to include performance requirements and liquidated damages for general failure to provide services required under the agreement, and for specific failure to provide reports on time or to cooperate during a transition; and,. t, d. The agreement should clarify whether temporary bin service is part of the exclusive services provided by the contractor. 8. Burrtec reported no significant civil actions with government agencies or criminal actions in the past 10 years. CnnrluSinn Based on the information we received, we found that: • Burrtec has the necessary experience to manage the La Quinta contract; • Burrtec received positive recommendations from the cities we contacted that it currently serves; • Burrtec maintains insurance coverage in excess of that required by the La Quinta contract; • The new corporate entity formed to hold the Coachella Valley operations, Burrtec Waste & Recycling, will have a high ratio of total liabilities to total assets, indicating higher financial risk; • The City should obtain a corporate guaranty from Burrtec Waste Industries to assure the performance of Burrtec Waste & Recycling; Ito *HILTON FARNKOPF & HOBSON, LLC Mr. Doug Evans April 25, 2006 Page 3 • The City should amend the franchise agreement as a condition of the assignment as described in Finding #7 in order to enhance the City's ability to manage the contract and monitor performance of the new entity; and, • Although significantly smaller than Waste Management, Inc., the Burr family of companies are a large regional solid waste organization, and the financial ratios for Burrtec Waste Industries measuring financial stability are similar to the ratios of Waste Management, Inc., and are consistent with industry averages. Therefore, assuming that the financing to acquire the Waste Management of the Desert operations can be structured without overburdening the company with unreasonable debt payments, then the proposed assignment to Burrtec Waste & Recycling does not appear unreasonable if accompanied by a corporate guaranty from Burrtec Waste Industries and if the franchise agreement is amended as recommended in Finding #7. Thank you for the opportunity to assist the City of La Quinta with this engagement. We would like to thank you and Betty Sawyer for your support, and Frank Orlett from Waste Management and Steve South from Burrtec for their assistance. If you have any questions, please call me at (949) 251-8902. Very truly yours, /44W Laith B. Ezzet Senior Vice President Enclosure - report 120. CITY OF LA QUINTA REVIEW OF PROPOSED ASSIGNMENT OF WASTE OPERATIONS FROM WASTE MANAGEMENT TO BURRTEC WASTE INDUSTRIES BACKGROUND The City of La Quinta ("City") contracts with Waste Management of the Desert ("WM") for exclusive residential and commercial solid waste services. The existing contract, as amended, expires on July 30, 2008. WM has notified the City that it intends to assign the La Quinta contract and other operations of Waste Management of the Desert to Burrtec Waste & Recycling Services, LLC ( Burrtec Waste & Recycling") . Article VIII of the City's agreement with WM describes the assignment provision. The City "may deny or approve such request in its complete discretion." As described in that section, in response to a request for an assignment: a) The company shall pay the City its reasonable expenses to investigate the suitability of the proposed assignee; b) The company shall furnish the City with audited financial statements of the proposed assignee's operations for the past three years; c) The company shall furnish the City with satisfactory proof that the proposed assignee has the experience and regulatory track record required by Section 8.1(C) of the agreement. Hilton, Farnkopf & Hobson ("HF&H") has assisted the City on an annual basis since 1998 to manage its solid waste agreement, develop and monitor diversion programs, and prepare the City's annual reports for submission to the California Integrated Waste Management Board. The City requested HF&H to assist in the review of the proposed assignment. STUDY OBJECTIVES The objectives of our study were to: • Review the information provided by WM and its proposed assignee as required by Article VI1I of the agreement; • Prepare a report to the City on the qualifications and financial resources of the proposed assignee to take over the La Quinta operations; and, 4/ 25/ 06 City of La Quinta . t 121 Describe how the current contract could be updated to ensure that the contract provides the City with monitoring provisions to effectively manage the agreement. LIMITATIONS This work was performed for the City of La Quinta for the purpose stated above and is not to be used by other parties or relied upon for other purposes other than those stated above. Our findings are based on reports, documents and other information provided by WM and its proposed assignee. Our scope of work did not include independently verifying the accuracy of the submitted information. WORK PERFORMED In order to achieve the study objectives we performed the following tasks: 1) Prepared a request for information identifying the required documents and data. 2) Reviewed documents provided by the City, including the existing franchise agreement and reports submitted by WM to the City. 3) Reviewed the information provided by WM, its proposed assignee, and the City. 4) Calculated financial ratios based on the financial statements provided by WM and its proposed assignee in order to compare the financial resources of the two companies to each other and to industry benchmarks. 5) Asked follow-up questions of WM and its proposed assignee to clarify any unclear or missing information. 6) Contacted a sample of other jurisdictions that contract with Burrtec in Southern California as references. 7) Evaluated the existing franchise agreement to determine how it could be updated to enhance the City's contract management capabilities. 8) Prepared this report describing the results of our review. 4/ 25/ 06 City of La Quinta FINDINGS Finding #1 Burrtec has extensive experience in Southern California providing solid waste services similar to those in La Quinta. The privately -owned Burr family of companies ("Burr Companies") consists of 12 independent entities with related -party ownership, the largest of which are the Burrtec Waste Group, Inc. and EDCO Disposal Corporation ("EDCO"). The Burrtec Waste Group includes four entities, of which the largest is Burrtec Waste Industries ("Burrtec"). Burrtec Waste Industries has five operating subsidiaries, including: • Rancho Disposal Services, Inc. • Monte Vista Disposal, Inc. • Victorville Disposal, Inc. • AVCO Disposal, Inc. • West Valley Recycling & Transfer Services, Inc. Burrtec, EDCO, and their affiliated companies collectively represent one of the ten largest solid waste companies in the United States, and reported providing hauling service in 42 jurisdictions in Southern California (Attachment 1), including 27 agencies with exclusive service agreements. Burrtec alone reported exclusive hauling contracts with 12 agencies including: • City of Adelanto • City of Montclair • Town of Apple Valley • City of Rialto • City of Barstow • Rubidoux CSD • City of Bradbury • City of Upland • City of Duarte • City of Victorville • City of Fontana City of Yucaipa Details of specific services provided in these communities are provided in Attachment 2. Burrtec also owns and manages several material recovery facilities and transfer stations, and operates the landfills and transfer stations for the County of San Bernardino. A new entity named Burrtec Waste & Recycling Services, LLC ("Burrtec Waste & Recycling") was organized January 1, 2006 to hold the proposed Coachella 4/ 25/ 06 123 City of La Quinta Valley operations to be acquired from Waste Management. Burrtec Waste & Recycling is 100% privately owned by the Burr family: Name and Title % Ownership Edward Burr, Chairman of the Board 25 % Sandra Burr 25 % Cole Burr, Chief Executive Officer 25% Tracy Burr 25 % According to Burrtec representatives, Burrtec Waste & Recycling is an independent company; it is not part of the Burrtec Waste Group. Burrtec's corporate headquarters are located in San Marcos, California. The local headquarters for Burrtec Waste & Recycling are located at 41575 Eclectic Street, Palm Desert, California 92260. Finding 2 Although smaller than Waste Management, Burrtec has significant financial resources and its financial stability, as measured by standard financial ratios, is similar to industry benchmarks. Audited consolidated financial statements were submitted for Waste Management, Inc. and Burrtec Waste Industries for the years 2002, 2003 and 2004 (the fiscal year for both companies ends on December 31). We calculated financial ratios that demonstrate the financial resources and stability of both companies and compared those ratios to the median ratios of solid waste collection companies with annual revenues over $25 million reported in Robert Morris Associates' Annual Statement Studies. The ratios are presented in four categories: size of company, liquidity, capital structure, and operating results. The meaning of the ratios is described in Table 1. Table 1: Ratio Categories and Descriptions Category Calculation Purpose (Description) Size of Company: La Quinta Revenue/ This ratio describes the size of the Company Revenues company relative to the company's Ci of La Quinta contract. Liquidity: Current Assets/ The current ratio is a rough Current Ratio Current Liabilities measure of a company's ability to pay its current obligations. A higher ratio means the company is better positioned to meet its short- term payment obligations. 4/ 25/ 06 City of La Quit t& 1. Capital Structure: Total Liabilities/ This ratio measures the Total Assets relationship of capital contributed by a company's creditors to total assets. A higher percentage of total liabilities to total assets indicates higher financial risk. Operating Results: Pre -Tax Profit/ This percentage .measures a Profit Margin Total Revenues company's profitability. A higher percentage indicates higher rofitability. Size of Company Waste Management Inc., is the largest waste company in North America, and reported annual revenues for 2004 of approximately $12.5 billion. Burrtec Waste Industries, Inc. reported annual revenues for 2004 of approximately $130 million. WM is nearly 100 times the size of Burrtec in terms of reported revenues. The City of La Quinta has been growing rapidly and the size of the solid waste franchise agreement as measured by gross revenues has been increasing with this growth. Gross annual revenues under the La Quinta contract have increased by approximately 54% between calendar year 2002 and 2005, from $2.4 million to $3.7 million. La Quinta's 2005 contract revenue of $3.7 million is less than 1 % of WM's 2004 revenues, compared to 3 % of Burrtec's 2004 revenues. Liquidity The current ratio indicates the ability to meet short-term payment obligations (typically within the next 12 months). Burrtec's current ratio for 2004 of 1.4 is more favorable than WM's current ratio of 0.9, and more favorable than the industry average. In 2003 and 2002, the current ratios for both companies were slightly less favorable than industry averages as shown below. Table 2: Current Ratio Year WM Burrtec Industry 2004 0.9 1.4 0.9 (1) 2003 0.7 0.7 0.9 (2) 2002 0.9 0.9 1.0 (3) (1) Reported by 21 companies (2) Reported by 16 companies (3) Reported by 7 companies 4/ 25/ 06 C-C . 125 City of La Quinta Capital Structure The ratios of total liabilities to total assets, measuring financial risk, are similar for both companies and similar to industry averages. Table 3: Total Liabilities to Total Assets Year WM Burrtec Industry 2004 70 % 71 % 72 % (1) 2003 71 % 68 % 76 % (2) 2002 73 % 75 % 71 % (3) (1) Reported by 21 companies (2) Reported by 16 companies (3) Reported by 7 companies Operating Results Pre-tax profit margins measure profitability, which typically range from 4% to 12% for companies in the waste management industry. Reported profitability for Waste Management and Burrtec for the past three years is consistent with the range of industry data. Finding #3 The financing of the acquisition of WM's Coachella Valley operations may increase Burrtec's financial risk. The proposed acquisition of the WM operations will significantly increase the size of the company. The operations that Burrtec plans to acquire from WM will increase Burrtec's total annual revenues by over 50 %, to more than $200 million, if the financial results for Burrtec Waste Industries and Burrtec Waste and Recycling are combined. We understand that the key management team from Waste Management of the Desert will become part of Burrtec Waste & Recycling, and as a result Burrtec should have the management resources necessary to continue smooth operations. An issue in any acquisition of this size is how the financing arrangements will . affect the company's debt and therefore financial risk. Burrtec provided letters of reference from several financial institutions. These included a letter dated January 25, 2006, from Union Bank of California that stated the following: 4/ 25/ 06 City of La Quinta "Since August 1995, Union Bank of California has provided various credit facilities to the Burr family of companies, including Burrtec Waste and Recycling Services, LLC, which includes, among other things, CPCFA bond financing, working capital and acquisition financing, and term loans. These credit facilities, including those of other members of the bank group, are in excess of $300,000,000 and includes the financing for the proposed acquisition of Waste Management of the Desert." "The financing for the proposed acquisition of Waste Management of the Desert has been arranged by Union Bank of California, who acts as the Agent Bank for a group of banks that includes among others, Wells Fargo Bank and Bank of America." As previously discussed, we received financial statements for Burrtec Waste Industries. In order to understand and evaluate the financial resources of the new corporate entity that would acquire the Coachella Valley operations, we requested and Burrtec declined to provide a projected financial statement for Burrtec Waste & Recycling. Burrtec did provide certain financial ratios for the new entity. Based on these projected financial ratios, it appears that the new entity will be profitable, although the new entity will be highly leveraged, and its ratio of total liabilities to total assets is projected at 99 %, indicating higher financial risk than industry averages. We did not receive specific information about the debt repayment terms and cannot assess the ability of the new entity to repay the debt with the information provided. In response to the request for additional information about the financial impact of the acquisition on the new entity, Burrtec's President provided the following statement in a letter dated April 24, 2006: "As a privately held company, Burrtec is unable to publicly release a pro forma financial statement. As submitted in our introduction package, we have received full credit approval from our Bank Group which includes Union Bank, Wells Fargo, Bank of America, First Bank and Bank of the West. It is important to note however that included in this credit facility is full recognition of ongoing capital expenditure needs associated with serving the City of La Quinta." 127 4/ 25/ 06 City of La Quinta Finding #4 Based on a sample of jurisdictions contacted where Burrtec is providing service, performance is at least satisfactory and often above expectations. Burrtec provided a list of cities where either Burrtec or its sister company, EDCO, (collectively referred to as "the Company") is providing services in Southern California. The list included 27 cities where the Company is the exclusive service provider, and 15 cities where the Company is one of multiple non-exclusive service providers. The Company included favorable letters of reference from 27 cities in the package of information that it submitted to the City. Letters from the following jurisdictions were included: • City of Barstow • City of Bradbury • City of Buena Park • City of Coronado • City of Duarte • City of Encinitas • City of Escondido • City of Fontana • City of Imperial Beach • City of La Mesa • City of La Palma • City of Lakewood • City of Lemon Grove • City of Montclair • City of National City • City of Poway • City of Rancho Cucamonga • City of Rialto • City of Riverside • Rubidoux District • County of San Bernardino • City of San Marcos • City of Santa Clarita • City of Signal Hill • City of Upland • City of Victorville • City of Vista We contacted the following twelve agencies that receive exclusive solid waste collection services from Burrtec as part of our reference checks: • City of Adelanto • City of Apple Valley • City of Barstow • City of Bradbury • City of Duarte • City of Fontana • City of Montclair • City of Rialto • Rubidoux CSD • City of Upland • City of Victorville • City of Yucaipa 4/ 25/ 06 City of La Quinta We inquired about the following areas of performance during our reference checks: I. Customer service A. Collection quality • Frequency and number of customer complaints A. Complaint resolution • Reasonable and timely resolution of customer complaints Availability of customer representatives • Familiarity of services and service area • Customer communication on new, changing, and ongoing services II. Program_ Implementation A. New service implementation • Date of implementation and quality of implementation procedures B. Diversion activities C. Transition from former service provider III. Working With City A. Working relationship with City staff • Contractual issue resolution • Rate adjustments • Contract modifications A. Changes to key company staff • Frequency of changes • Was jurisdiction informed in a timely manner 4/25/06 City of La Quintal - 129 C. Promptness of communication with jurisdiction regarding changes to key staff, changes in collection methods, deployment of new vehicles, or other operational changes D. Accuracy and timeliness of reporting We asked jurisdiction representatives to evaluate Burrtec's performance in each area as either below expectations, satisfactory, or above expectations. The results are summarized in the table below. Criteria Below Expectations Satisfactory Above Expectations Total Responses Customer Service 0 2 10 12 Programs 0 5 6 11(1) Working With City 0 1 11 12 (1) One city stated that no new programs had been requested; and therefore, it was felt that this area was not applicable to their city. Additionally, after inquiring about each area described above, we asked how Burrtec performed on an overall basis, and expanded the ratings to include the five options shown below. Overall Rating Number of Cities Exceptional 3 Above Expectations 8 Satisfactory 1 Below Expectations 0 Unacceptable 0 Total Responses: 12 4/ 25/ 06 C` City of La Quinta 130 Finding #5: Burrtec maintains general liability insurance coverage that meets the current requirements contained in the La Quinta franchise agreement. The City's general liability insurance coverage amount defined in Article V. of the Franchise Agreement between WM and the City requires a minimum limit of not less than Five Million Dollars ($5,000,000) combined single limit for bodily injury and property damage, with any self -insured retention not exceeding One Hundred Thousand Dollars ($100,000) per occurrence. Burrtec carries general liability insurance in the amount of Fifty -Five Million Dollars ($55,000,000) which exceeds the City's requirement. Finding #6 The City should obtain a corporate guaranty from Burrtec Waste Industries to assure the performance of the contracting entity. Burrtec has created a new corporate entity called "Burrtec Waste and Recycling Services, LLC, a California Limited Liability Company", for the WM operations to be acquired. Burrtec provided a financial statement for another entity, Burrtec Waste Industries, whose financial ratios are described in Finding #2. The City should require Burrtec Waste Industries to execute a performance guaranty to assure the performance of Burrtec Waste & Recycling. This would be similar to the guaranty executed by Waste Management, Inc. to assure the performance of Waste Management of the Desert. We have attached a copy of the Guaranty provided by Waste Management, Inc., dated July 5, 2000 (Attachment 3). Finding #7 The existing agreement should be updated to ensure that the. City has access to the necessary reports and records to manage the agreement, and that the agreement contains enforcement mechanisms for the City to monitor performance. The existing agreement expires in July 2008 and we understand that the City plans a comprehensive update at that time. We have limited our findings in this report to those items that should be addressed as part of the assignment to ensure that the City has contract remedies and access to necessary records to manage the contractor and its programs effectively. As a condition of the assignment, we recommend that the franchise agreement be amended as described below. We discussed these recommendations with representatives 31 4/ 25/ 06 City of La Quinta 1 from the City Attorney's office and we understand that the franchise agreement is being amended to incorporate them along with other conditions. A. Solid Waste Records The City has separate refuse collection and recycling collection agreements. We recommend that Section 7.1 of the existing agreements be amended to add the following solid waste records: • Customer services and billing/payment records; • Number of refuse, recycling and green waste routes and route hours by service category (residential, commercial, roll -off, and special services) • Facilities, equipment and personnel used; • Number of refuse, recycling and green waste containers in service by frequency of collection for each customer group (residential, commercial, roll-ofj); and, • Number of roll -off box pulls. B. Cooperation Following Termination We recommend that the agreement be amended to include a provision requiring the contractor's cooperation during a transition in the event of termination or expiration. An example of such contract language is provided below: "Prior to and at the end of the term, or in the event this agreement is terminated for cause prior to the end of the term, Company shall cooperate fully with City and any subsequent solid waste enterprise it designates to assure a smooth transition of solid waste handling services. Company's cooperation shall include, but not be limited to, providing route lists, billing information and other operating records needed to service all premises covered by this Agreement. The failure to cooperate with City following termination shall be conclusively presumed to be grounds for specific performance of this covenant and/or other equitable relief necessary to enforce this covenant. Company shall provide a new service provider with all keys, security codes and remote controls used to access garages and bin enclosures. Company shall be responsible for coordinating transfer immediately after Company's final pickups, so as not to disrupt service. Company shall provide City with detailed route sheets containing service names and addresses, billing names and addresses, monthly rate and service levels (number and size of Containers and pickup days) at least 90 days prior to the transition date, and provide an updated list two weeks before the transition and a final list of changes the day before the transition. Company shall provide means of access to the new service provider at least one full business day prior to the first day of collection by another party, and always within sufficient time so as not to impede in any way the new service provider from easily servicing all containers." C ., �3 4/ 25/ 06 City of La Quinta C. Performance Standards and Liquidated Damages Most updated solid waste agreements contain performance standards and liquidated damages for failure to perform. Such provisions provide the City with a method to enforce performance requirements other than triggering the overall default provision of Section 9.1 of the collection agreement. The existing La Quinta agreement contains a liquidated damage only for one event, failure to use the required alternative fuel collection vehicles, at $500 per day as described in Section 19.2 of the recycling agreement. At a minimum, we recommend that performance requirements and liquidated damages be included in the agreement for general failure to provide services required under the agreement, and for specific failure to provide reports on time or to cooperate during a transition. Examples of specific contract provisions are shown below: Failure to Provide Services a) For each day that the Company fails to provide any of the services required under this agreement, commencing five (5) business days after written notice is provided by the City that Company is not providing required services: $500/day Reporting a) For each day that required monthly reports are late or incomplete: $50/day b) For each day that required annual reports are late or incomplete: $100/day Cooperation with Service Provider Transition a) For each day routing information, customer data and other operating information requested by City is received after City -established due dates, both for preparation of a request for proposals and for new service provider's implementation Of service: $1,000/day b) For each day delivery of keys, access codes, remote controls, or other means of access to solid waste containers is delayed beyond one (1) day prior to new service provider servicing customers: $5,000/day C` 33 4/ 25/ 06 City of La Quinta D. Temporary Bin Service It is unclear whether temporary bin services are part of the exclusive services provided by the contractor under the agreement. (Temporary bins are usually 2, 3, or 4-cubic yard containers typically used for small construction, demolition, or clean-up projects). Section 2.1 of the collection agreement states that the contractor shall collect, transport and dispose of all municipal solid waste generated at residential, commercial and industrial premises located within the City. However, the City -approved rate schedule does not include a rate for temporary bin services, and we understand that other companies may have provided this service in the City. This issue should be resolved and properly reflected in the agreement. Finding #8 Burrtec reported no significant civil actions with government agencies or criminal actions in the past 10 years. Burrtec was asked in a request for information dated April 18, 2006 to respond to the following request: "Describe all civil legal actions with government agencies now pending or which have occurred in the past ten years with potential liability or actual damages greater than $50,000, and all criminal legal actions now pending or that have occurred in the past 10 years, against Burrtec Waste Industries, Burrtec Waste & Recycling Services, LLC, EDCO Disposal Corporation, or any parent or affiliated companies or any of the owners, officers, or managers of the company." Burrtec stated in its response dated April 24, 2006 that there were no actions that met the disclosure requirement. CONCLUSION Based on the information we received, we found that: • Burrtec has the necessary experience to manage the La Quinta contract; • Burrtec received positive recommendations from the jurisdictions we contacted that it currently serves; • Burrtec maintains insurance coverage in excess of that required by the La Quinta contract; C` 1 4 25 06 City of La Quinta "¢ • The new corporate entity formed to hold the Coachella Valley operations, Burrtec Waste & Recycling, will have a high ratio of total liabilities to total assets, indicating higher financial risk; • The City should obtain a corporate guaranty from Burrtec Waste Industries to assure the performance of Burrtec Waste & Recycling; • The City should amend the franchise agreement as a condition of the assignment as described in Finding #7 in order to enhance the City's ability to manage the contract and monitor performance of the new entity; and, • Although significantly smaller than WM, the Burr Companies are a large regional solid waste organization, and the financial ratios for Burrtec Waste Industries measuring financial stability are similar to the ratios of WM, and are consistent with industry averages. Therefore, assuming that the financing to acquire the WM operations can be structured without overburdening the company with unreasonable debt payments, then the proposed assignment to Burrtec Waste & Recycling does not appear unreasonable if accompanied by a corporate guaranty from Burrtec Waste Industries and if the franchise agreement is amended as recommended in Finding #7. Attachments: 1. List of cities served by the Burr Companies 2. List of cities served by Burrtec 3. WM Corporate Guaranty (excerpted from franchise agreement) 4/ 25/ 06 City of La Quinta Ce ifg� 4cuwph 'Sllb(D,(, 00, - G•ri%��'� � w5 OF T9 T0: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: DOUG EVANS, COMMUNITY DEVELOPMENT DIRECTORi-(/� VIA: THOMAS P. GENOVESE, CITY MANAGER DATE: MAY 16, 2006 SUBJECT: CONSENT CALENDAR ITEM #8 Attached is a letter received from Burrtec assuring the existing Waste Management staff will be retained. A company Organizational Chart is attached. In regard to the transition of vehicles, they state that all trucks currently being used by Waste Management will have the name changed to Burrtec within the initial six days. Attachment: Letter from Burrtec dated May 11, 2006 G:: 136 ass ai axis ML cif m J� L v m � c� N �_ Pcc co 'Z d Qf p Cocc ca gs2L p � t Y aaa o ei3 a� � a`a to c = eve o S C" i U � 79 _a v 79 _a o cm 'ate O m N o .� ap v L =J Q N as EL 93r- �a ev 72 d L � sus Ck= EL .,� Cn OC � ass• A ti (.. 138 COUNCIL/RDA MEETING DATE: May 16, 2006 ITEM TITLE: Approval of a Contract Extension for One Year with Hilton, Farnkopf & Hobson, LLC for AB 939 Services for Fiscal Year 2006/2007 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to sign a contract extension with Hilton Farnkopf & Hobson, LLC for AB 939 services for Fiscal Year 2006/2007 in an amount not to exceed $79,430. FISCAL IMPLICATIONS: The Community Development Department has budgeted $79,430 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 been increased to include the following programs: 1) Update the City's Buy -Recycled Policy; 2)public outreach for programs; 3) large event monitoring; 4) green waste recycling for homeowners' associations; 5) food waste programs; 6) construction and demolition recycling program; and 7) franchise administration for Fiscal Year 2006/2007. Adequate AB 939 funds are available in account 10 1 -6002- 463-22 within the Fiscal Year 2006/2007 budget to fund the $79,430 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 provides for monitoring of current programs, implementation of a few selected programs, as well as monitoring the City's Waste Contract. 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 2006/2007 will be similar to the 2005/2006 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 2006/2007 in an amount not to exceed $79,430; 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 2006/2007 in an amount not to exceed $79,430 and direct staff to prepare a Request for Proposal for distribution; or 3. Provide staff with alternative direction. Respectfully submitted, Ayza--*� Douglas, . Evans Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Scope of Services for Contract for Professional Servic(s 140 ATTACHMENT#1 Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC EXHIBIT "A" SCOPE OF SERVICES Proposed Tasks for AB 939 Implementation for Fiscal Year 2007 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; • Investigating the requirements of new laws, including the recently enacted Electronic Waste Recycling Program, laws regarding Universal Waste, and others; and • Drafting letters of support or opposition for proposed policies or legislation. In fiscal year 2007, 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 will also include the development of programs necessary to keep the City in compliance with AB 939, including adding recycling information to the City's web site. In particular, in late 2005, the CIWMB requested that the City include a link to Ca1Max on its web site. CalMax is a free, internet-based materials exchange service that is managed by the CIWMB. The CIWMB has also requested that jurisdictions examine and update their current recycled - content purchasing policies, if necessary, or develop a policy if a city does not currently have a policy in place. The City of La Quinta has a formal Buy - Recycled policy in place at this time, and HF&H will review the current policy for effectiveness and propose any changes or additions as deemed necessary. a/1n1?nnti 1 141 Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC In addition, this task includes coordination with the City's contract hauler (Waste Management of the Desert or Assignee) 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. Deliverables for Task 1: • Written legislative and regulatory updates provided at face-to-face meetings; • Changes to recycling information on City's web site (CalMax link); • Attendance at CVAG and Riverside County Task Force meetings, when requested; • Will be determined by the Director of Community Development, such as letters of support or opposition to pending legislation or regulations; • Written summaries of any technical assistance provided; • We will list all on -going maintenance activities in our monthly status report which will accompany our monthly invoices. Task 2 — AB 939 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 5017o each year. For fiscal year 2007, we will prepare the City's 2005 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 2005 Annual Report would normally be due August 1, 2006; 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 2005 annual report is received by the CIWMB, the CIWMB may contact the City with follow-up questions. HF&H will assist the City by responding to questions from the CIWMB, and will attend meetings, if requested by CIWMB staff. Deliverables for Task 2: • AB 939 Annual Report; and, • Responses to CIWMB questions, and meeting attendance, if requested by CIWMB. Task 3 — Publicity and Public Education Coordination Public education in La Quinta includes coordination with the City's hauler, the County, CVAG, Verizon, and other entities. The City has found that residents are more likely to attend events if they receive reminder mailings or see events advertised. ? ; �. 1.42 Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC HF&H will coordinate the preparation of flyers, advertising, and other public education materials throughout the year. For example, HF&H will coordinate advertising of City diversion events, such as HHW events, shred days, and electronic waste or universal waste events, with the event coordinators and representatives at the GEM and the Desert Sun newspapers CVAG is planning to conduct used oil recycling and filter exchange programs at various locations throughout the Coachella Valley, and may conduct such an event in the City of La Quinta. HF&H has coordinated these events for other jurisdictions with a high level of success, and if requested by the City, will employ this expertise to ensure the success of these events held within the City of La Quinta. During the last few years, HF&H has produced several one -page flyers for the City, and the City has reproduced the flyers in-house. We will continue to produce such flyers, and will contact participating entities for event information and telephone numbers. Actual costs for printing, original artwork, 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 or Assignee, certain public education efforts are required to be done by the contractor. In fiscal year 2005 / 06, HF&H prepared a summary of the public education tasks in WMD's contract, prepared a meeting document and checklist, and coordinated a meeting with Waste Management of the Desert to discuss the tasks. These public education tasks will now be the responsibility of Waste Management of the Desert or its Assignee. HF&H will meet with the City and the contract hauler to continue to monitor public education tasks, as requested by the City. Deliverables for Task 3: • Flyers for two HHW events, one shred day event, one e-waste and u- waste event, one used oil event, and GEM advertising of same; • Public Education checklist for meetings with Waste Management of the Desert or Assignee; and, • Public education calendar listing all annual events, including roles and responsibilities for HF&H, hauler, and the City. The calendar will be developed in July 2006, and will be updated periodically throughout the year. 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. 4/191?nni; A Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC The La Quinta Arts Festival, and the Bob Hope Chrysler Classic are covered by the bill. The bill may also cover certain school district events. HF&H will meet with the Desert Sands school district to discuss AB 2176. We will enquire about the number of people in attendance at various events where a fee is charged, to determine whether these events are covered by the bill. If covered, we will assist the school district in developing a recycling program. 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." In 2005 / 06, HF&H assisted the City with identification of large events and large venues so that the City could comply with the bill. HF&H also prepared a flyer, information sheet, a waste management planning form and reporting forms for use by the venues and events. 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, and has been coordinating recycling at these events for several years. We anticipate that the contract hauler will continue recycling at events. HF&H will meet with the City, the contract hauler, and the covered venues and events in order to assist in development of the required documentation. 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. Deliverables for Task 4: • List of top 10% of covered venues and events, due to CIWMB by August 1, 2006; • Progress report on meeting with school district; and, • Reports from covered venues, listing actual waste disposal and diversion amounts. Task 5 — Residential Green Waste and Recycling Diversion We will develop an outreach program targeting homeowner's associations that do not currently participate in the City's automated green waste program. The outreach program may consist of HF&H attending homeowner's association meetings, developing public education materials (excluding design and printing costs), and drafting newspaper articles describing this service. As in previous years, we will create an article announcing the City's diversion rate to the community. 4/19/gnnh 4 144 Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC We will help the City and the contract hauler with efforts to reduce illegal dumping of green waste. Our efforts may include preparing draft language to modify the City's solid waste ordinance. Deliverables for Task 5: • A list of the City's homeowners' associations, with number of homes, and whether or not they have green waste and recycling collection; and, • Draft ordinance enforcement language regarding illegal dumping. 1+l5 Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC In 2005 / 06, HF&H updated the City's C&D brochure for contractors, which lists recycling facilities. For 2006 / 07, we will create a version of the brochure in Spanish, or will revise the existing brochure to make it bilingual. Deliverables for Task 7: • Program training meeting with City staff; • Quarterly program monitoring reports; and, • Revised C&D recycling brochure, to include Spanish text. Task 8 — Meetings and Management We will attend up to four meetings with City staff, CVAG's Solid Waste & Recycling Technical Working Group, and/or the County's solid waste task force. Each month we will prepare a status report, and will list tasks completed that month. We will prepare meeting agendas for periodic meetings. We will conduct overall project management throughout the year. Deliverables for Task 8: • Attendance at quarterly meetings with the City, including meeting agendas and attachments; and, • Monthly status reports to accompany monthly invoices. Task 9 — Franchise Administration/Negotiation Assistance The City is reviewing a request from Waste Management of the Desert to assign the waste collection agreement to Burrtec. If the request is approved by the City Council, the City desires to closely monitor the hauler contract to ensure a smooth transition to new ownership. The contract is currently set to expire in July, 2008. In order to ensure that the transition proceeds smoothly, we propose to meet regularly with the contract hauler (every other month) to discuss the following: • The hauler's monthly reports of service issues, such as delivery of new containers to new customers, missed pickups, residents' complaints, etc.; • The hauler's monthly reports of total disposal and recycling, by sector, as well as overall recycling levels; • The hauler's public education tasks (as mentioned in task 3 of this scope of work); • Coordination on events recycling, including Large Venues, e-waste, shred day, telephone book recycling, and all other events. We will develop a master calendar to coordinate all of the annual activities, and will include specific tasks, timelines, and persons or entities responsible for completing the tasks. We have reviewed rate increase requests from Waste Management of the Desert annually, in accordance with the City's franchise agreement requirements. We 41191?nnh ti C; . 116 Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC expect to receive a similar annual rate increase request from the contract hauler in the coming year. We will conduct other 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. For example, the proposed Anaerobic Digestion facility to be developed at the Edom Hill transfer station is currently on hold. City staff will decide which tasks are priorities for this year. Deliverables for Task 9: • Attendance at quarterly meetings with the City, including meeting agendas and attachments; • Master calendar of the hauler's activities, as required in the contract; • Memorandum -style report on our review of the contract hauler's annual rate increase request; and, • Monthly status reports to accompany monthly invoices. Task 10 — Review of AB 939 and Franchise Fees We will audit the gross receipts reported by the waste hauler to verify the accuracy of the franchise fee and AB 939 fee payments remitted to the City. These payments totaled approximately $474,000 during fiscal year 2005 and have not been audited in several years. Our work will consist of reviewing the source documents used by the company to report its receipts to the city, reviewing the company's procedures to segregate La Quinta receipts from other cities, and verifying the mathematical accuracy of the fee calculation. We will also verify the accuracy of the dump component to ensure that it is properly deducted from gross receipts. Deliverable for task 10: • Report of our Findings on the Review of AB 939 and Franchise Fees. FEES We will perform the scope of work based on time and materials. The estimated budget is $79,430, 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. Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC 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 4 /» / ?nnh 9 $220 $185 $175 $115 $0.445 per mile $0.15 per page Actual Actual + 15% Actual Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC AB 939 Im lementati TASK DESCRIPTION S on Fee Estimate - FY 2007 Services^ r 1. Ongoing Maintenance A. Monitor legislation, regulations, etc. B. Web site work C. Technical assistance to businesses Task 1: Hours Task 1: Fees $ 2. AB 939 Reporting and Compliance Activities A. Prepare AB 939 annual report B. Respond to CIWMB inquiries Task 2: Hours Task 2: Fees $ 3. Publicity and Public Education Coordination Task 3: Fees $ 4. Recycling Coordination at Venues and Special Events Task 4: Fees $ 5. Residential Green Waste & Recycling Diversion Task 5: Fees $ 6. Food Waste Composting Task 6: Fees $ 7. Monitor and Evaluate Construction and Demolition Debris Ordinance Task 7: Fees $ 8. Meetings and Project Management A. Meetings with City, CVAG, County B. Project mngt/internal quality reviews Task 8: Hours Task 8: Fees 9. Franchise Administration/Negotiation Assistance Task 9: Fees 10. Review of AB 939 & Franchise Fees Task 10: Fees Total Hours Hourly Rates Total Fees Expenses Total Fees and Expenses * Hcn i r-, m av be S i fted amone tasks. on Fee Estimate - FY 2007 Services^ . Vice Pres. Sr. Manager Sr. Assoc. Associate Total Hours O 16 O 12 28 0 4 0 8 12 1 6 Q 12 16 1 26 0 32 59 220 $ 4,810 $ - $ 3,680 $ 8,710 0 8 0 32 40 0 4 0 8 12 0 12 0 40 52 - $ 2,220 $ - $ 4,600 $ 6,820 0 16 0 40 56 - $ 2,960 $ - $ 4,600 $ 7,560 0 6 0 16 22 - $ 1,110 $ - $ 1,840 $ 2,950 0 4 6 6 16 - $ 740 $ 1,050 $ 690 $ 2,480 1 4 0 10 ia 220 $ 740 $ - $ 1,150 $ 2,110 2 16 0 40 60 440 $ 3,330 $ - $ 4,600 $ 8,370 0 24 0 24 48 4 12 0 8 24 4 36 0 32 72 $ 880 $ 6,660 $ - $ 3,680 $ 11,220 14 80 0 64 12 $ 3,080 $ 9,250 $ - $ 7,360 $ 19,690 4 4 30 14 82 $ 880 $ 740 $ 5,250 $ 1,610 $ 8,480 26 176 36 294 532 $ 220 $ 185 $ 175 $ 115 $ 5,720 $ 32,560 $ 6,300 $ 33,810 $ 78,390 $ 11,040 $ 79,430 4/19/?nnh 4 `'C 149 0 8 0 32 40 0 4 0 8 12 0 12 0 40 52 - $ 2,220 $ - $ 4,600 $ 6,820 0 16 0 40 56 - $ 2,960 $ - $ 4,600 $ 7,560 0 6 0 16 22 - $ 1,110 $ - $ 1,840 $ 2,950 0 4 6 6 16 - $ 740 $ 1,050 $ 690 $ 2,480 1 4 0 10 ia 220 $ 740 $ - $ 1,150 $ 2,110 2 16 0 40 60 440 $ 3,330 $ - $ 4,600 $ 8,370 0 24 0 24 48 4 12 0 8 24 4 36 0 32 72 $ 880 $ 6,660 $ - $ 3,680 $ 11,220 14 80 0 64 12 $ 3,080 $ 9,250 $ - $ 7,360 $ 19,690 4 4 30 14 82 $ 880 $ 740 $ 5,250 $ 1,610 $ 8,480 26 176 36 294 532 $ 220 $ 185 $ 175 $ 115 $ 5,720 $ 32,560 $ 6,300 $ 33,810 $ 78,390 $ 11,040 $ 79,430 4/19/?nnh 4 `'C 149 0 24 0 24 48 4 12 0 8 24 4 36 0 32 72 $ 880 $ 6,660 $ - $ 3,680 $ 11,220 14 80 0 64 12 $ 3,080 $ 9,250 $ - $ 7,360 $ 19,690 4 4 30 14 82 $ 880 $ 740 $ 5,250 $ 1,610 $ 8,480 26 176 36 294 532 $ 220 $ 185 $ 175 $ 115 $ 5,720 $ 32,560 $ 6,300 $ 33,810 $ 78,390 $ 11,040 $ 79,430 4/19/?nnh 4 `'C 149 4/19/?nnh 4 `'C 149 Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC a/iA/?nnti 1nIrao -r ,O ' ice` O OF T� COUNCIL/RDA MEETING DATE: May 16, 2006 ITEM TITLE: Adoption of the City's Economic Development Plan for Fiscal Year 2006-2007 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt the City's 2006-2007 Economic Development Plan. FISCAL IMPLICATIONS: G The 2006-2007 implementation activities will be included within the Fiscal Year 2006- 2007 budget. CHARTER CITY IMPLICATIONS: The City Charter and its principles of "home rule" allow the City sufficient flexibility to undertake economic development activities. The Charter allows the City "to utilize revenues from the General Fund to encourage, support, and promote economic development." BACKGROUND AND OVERVIEW: During its Study Session at the April 18, 2006 City Council meeting, the Council considered the draft 2006-2007 Economic Development Plan and asked questions relative to the documents and programs. The minutes of the April 18, 2006 Study Session are included as Attachment 1. The Council did not make changes. to:the Plan; however, staff has made minor corrections and refinements. The current draft is C , 151 included as Attachment 2. Additionally, the market study summary, prepared by Economics Research Associates, is attached to the Plan as Exhibit B. Once adopted, this plan will be one of five components that comprise the City's overall strategic planning effort; the other components include the Capital Improvement Program, Resource Allocation Plan, Cash Flow Analysis, and the 2006-2007 Annual Operating Budget. Staff will make the request to fund the Plan as part of the preliminary fiscal year 2006-2007 budget process. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt the City's 2006-2007 Economic Development Plan; or 2. Do not adopt the City's 2006-2007 Economic Development Plan; or 3. Provide staff with alternative direction. Respectfully submitted, Michael O'Connor, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Minutes of April 18, 2006 Study Session 2. 2006-2007 Economic Development Plan ATTACHMENT 1 City Council Minutes April 18, 2006 � A -_Member Osborne asked if the Verizon agreements re ed in other cities are md°re..,.laeneficial than Time Warner. Mr. Marticorena stated)'T'vaZies because some ,�ifes have a good franchise e agreement with Time Warner``and somd" not. He stated the Verizon agreements are substantially identical,.d`m city to city. Council Member Osborne a d if the current' reyenue generator would be duplicated if the City g with Verizon., Mr. Marticore stated the revenue would probably be close`.p the same. However ustomer service authority in the Verizon agreements ' much more ited, which he feels is a significant difference. 2. DISCUSSION OF THE DRAFT 2006/2007 ECONOMIC DEVELOPMENT PLAN. Redevelopment Consultant Frank Spevacek presented the staff report. In response to Council Member Kirk, Mr. Spevacek stated a simple approach is used to measure the return on investment for SilverRock; the net cash return on the cash investment. The revenues used to judge the return are net service costs which include sales tax, property tax, tax increment revenue, and Transient Occupancy Tax revenue. He stated the expected rate of return on SilverRock is $6-7 million annually by the third year. When all development is in place, the total investment will be about $125 million. He noted the challenge is having public assets mixed in with revenue - generating assets, which means there are improvement costs for public areas that will not generate any direct financial return. He confirmed the rate of return is approximately 5% but most of the expenditures are upfront. In regard to lifestyle centers, Mr. Spevacek stated two vacant sites still exist next to Costco and across from the La Quinta Centre, that would be large enough. He referenced a similar size area in the City of Carlsbad that accommodates a lifestyle center. He noted there have been discussions for some time about how to attract movie theaters and night entertainment, and the belief is that there is sufficient population mass here to support that. Council Member Kirk stated his understanding of the analysis is that, although the Valley is overbuilt with movie theaters, a movie theater could work in La Quinta. He noted developers view lifestyle centers as loser projects because people don't go to movies and restaurants as much as in the past. He asked if that is the case in the Valley. r. ' 153 City Council Minutes April 18, 2006 Mr. Spevacek stated further research would need to be done to provide a direct answer to the question but he understands The River project in the City of Rancho Mirage is a pretty viable operation. Council Member Kirk stated he feels it might be something to consider since a lot of people would like to have a movie theater in the City. He complimented staff on the report. He also indicated he feels the City will be under pressure to support very -low densities if the annexation area is annexed but will also be concerned about the fiscal ramifications. He commented on the difficulty of achieving an aesthetic environment while making it somewhat revenue neutral. He stated he sees major challenges to provide revenue opportunities in the annexation area similar to those along Highway 111. In response to Council Member Henderson, Mr. Spevacek confirmed a stand- alone municipal golf course was never anticipated to be a money maker for the City. The hope was that it would someday generate enough revenue to cover the maintenance costs. Council Member Henderson commented on the need to look at the total investment and noted the golf course will start generating revenue when the retail/commercial/hotel areas are developed. Mr. Spevacek explained part of the motivation in creating SilverRock was due to developers inquiring about golf packages the City could provide. It was also determined that $300 million in tax increment money from Project Area No. 1 would go to the County, School Districts, or State if not used to create projects to capture that revenue. It was a choice of implementing a project like SilverRock with potential economic development benefits, or finish the capital improvement program and close the redevelopment program. Council Member Henderson stated she feels there should be either a broader concept defined or an explanation made in the EDP that the entire investment in SilverRock was not intended to produce a 15-18% cash return. She suggested the possibility of having a separate EDP for SilverRock. City Manager Genovese noted the EDP might need to have a definition of public and private investments in SilverRock instead of a separate plan. Council Member Henderson referenced Recreational Opportunities on Page 16, and asked if the City is working financially with the City of Palm Desert on the trail system between the two cities. 15 C1 4 City Council Minutes April 18, 2006 Mr. Genovese stated the City's cost is very little because most of the construction is outside of La Quinta's city limits. Most of the effort is coordination in making sure the access points are there. Council Member Henderson voiced concern about losing the opportunity for a movie theater, and commented on the need to create a 25" anniversary committee. Mr. Genovese stated an estimated amount has been included in the 2006/2007 preliminary budget, and the issue will be coming back to Council in the near future. Council Member Henderson asked about the reference on Page 38 regarding a small real estate transfer fee. Mr. Spevacek stated some cities levy the fee to generate revenue for the general fund, and the reference is stipulating it may make sense to consider. He confirmed a real estate assessment would have to be placed on the ballot. Council Member Henderson stated she agrees there is a lot of concern regarding annexation, and that there are some major issues to work on. Council Member Osborne referenced Page 8, and voiced concern about being told the City has to continue growing and enlarging the City's revenue base in order to enhance and expand the quality of City services. He stated he feels the City does a good job providing services. He understands growth is a function of continued health but not mandatory at the speed taking place today. In regard to SilverRock, he stated he doesn't want to reduce the City's economic goals just for the benefit of filling in a blank at SilverRock. He asked for a clarification regarding Projected City/RDA Financial Resources for Economic Development. Mr. Spevacek stated in the past the City looked at dedicating funds through the economic development fund for assisting the expansion of the auto center or renovating the original Wal-Mart site. Most of what was set aside as an investment tool has been exhausted, and currently the goal is to put money aside for the purpose of having resources to invest or doing projects* on a case -by -case basis. In response to Council Member Osborne, Mr. Genovese stated any increase. in that fund in the upcoming budget will depend on the Council's policy regarding the emergency reserves, which includes that account. City Council Minutes April 18, 2006 Council Member Osborne stated he is looking forward to the overall economic report on the annexation area and how the City is going to deal with it financially. Mayor Adolph voiced satisfaction with how the EDP has moved forward over the last 10 years but stated he is not as pleased about SilverRock. Purchasing the property was a good investment but he feels a sense of procrastination in moving forward with the hotel development, which is needed to help pay for the golf course. As for annexation, he feels it's important to come up with a plan to share the tax increment money with the County. He noted it's obvious the City can't put the burden of new development on its present residents. Council recessed to and until 7:00 P.M. 7.00 P.M. Coun11 reconvened with Council Member Sniff present. PUBLIC COMMIIT Lori Fahwestock, 80-'0(35 Vista Grande, th)a�ked the City for constructing the sidewalk, and asked for' -an update on th issue. She indicated there has been some improvement but apa'tment residefits are continuing to drive over the curb and leave shopping carts in the "'area. City Attorney Jenson advised staff is investigating the process for considering the street closure to non-emergerty vehicles and the ability to issue citations for driving over the curb. Shev6oted there are procedural steps that must be taken prior to the public hearing,;S`for closing the street', and anticipates the process taking several months. PRESENTATIOII The Mayor,. nd Council Members presented art awards to the following students of Truman Elementary School whose artwork has been displayed at City `H,all: Shane Archer Brandon Berumen Kaylen Gedney Serene Austin Steven Carrillo Ricky Leacock Kimberly Beltran Stephanie Garcia Chase Lemmermann C. 156 ATTACHMENT 2 City of La Quinta •11!11AOW 0 • �- =-•0 = IL May 16, 2006 City of La Quints 78-495 Calle Tampico La Quinta, Calffomia 92253 Rosenow Spevacek Group, Inc. 309 West 4th Street Santa Ana, California 92701 P: 714.541.4585 F: 714.541.1175 E-Mail: info@webrsg.com Contents of This Document This document is organized as follows: q Introduction ■ Rationale for this Economic Development Plan ■ Participants in Formulating and Implementing this Plan 2) Resources, Opportunities, Liabilities and Needs ■ Community Profile ■ Key Assets ■ Liabilities ■ Projected Market Demand ■ Projected City/Redevelopment Agency Financial Resources for Economic Development ■ City/Agency Real Estate Assets ■ Infrastructure Needs/City Capital Improvement Program 3) Business Plan ■ Mission Statement ■ Implementation Policies ■ Fiscal Year 2005-06 Accomplishments a) Highway 111 Corridor b) The Village c) Annexation Feasibility d) Resort/Hospitality Opportunities e) Recreation Opportunities f) Housing g) Marketing ■ 2006-07 Implementation Activities and Target Areas h) Highway 111 Corridor i) The Village j) Annexation Feasibility k) Resort/Hospitality Opportunities 1) Housing m) Marketing n) Recreation Opportunities APPENDIX Exhibit A: City/Agency Real Estate Assets Map ( . 158 Exhibit B: April 2006 Overview Analysis of Market Opportunities prepared by Economic Research Associates (ERA) for the City of La Quinta ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA May 16, 2006 ECONOMIC DEVELOPMENT PLAN Ci 1 j U Section 2ON47 Economic Development Plan Strategies and Tasks to Stimulate Private Investment in La Quints The City of La Quinta is embarking on the eleventh year of implementing economic development initiatives. To date the City's efforts have yielded major retailers, upscale restaurants, a Homewood Suites Hotel, and the new resort and golf venues at SilverRock Resort. The focus for the coming fiscal year is four fold. The first two involve SilverRock Resort. The Redevelopment Agency will be concluding the developer negotiations involving the SilverRock resort properties in order to facilitate the development of the boutique hotel and feature hotel. The Agency will also initiate design activities related to building the permanent clubhouse and second golf course. The third entails further defining the markets the City's three commercial districts (the Highway 111 corridor, the Village and SilverRock Resort) serve to ensure that the City's economic development initiatives will maximize the benefits to each district. The fourth entails planning for future retail uses that will serve the anticipated population growth in the unincorporated area within the City's sphere of influence. The City's economic development efforts will continue to maintain a balance between securing quality revenue -generating development while preserving La Quinta's natural features. The goal is to insure that the short-term gain realized from achieving revenue -generating uses does not compromise the long-term necessity for quality development that withstands the test of time. Thus, the economic development initiatives presented in this Economic Development Plan center on attracting and enhancing revenue -generating enterprises, protecting open space and environmental attributes, and expanding recreation opportunities for La Quinta's residents. This Plan outlines a vision and direction for the City's economic development activities. It presents the mission statement, implementation policies, projected resources, and business plan the City and the La Quinta Redevelopment Agency will follow to sustain a comprehensive economic development effort. Rationale for this Economic Development Plan The economic development process is the deliberate, judicious intervention in the local economy to foster a business climate that facilitates private investment. C, 160 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA May 16, 2006 ECONOMIC DEVELOPMENT PLAN INTRODUCTION PAGE 2 This process is neither exact nor fully predictable, and is more of an art than a science. Economic development is a dynamic, ever changing endeavor because it must constantly accommodate the evolving characteristics of the market place. Thus, the City annually reviews and updates this Plan to ensure that it reflects and responds to current market conditions, and equally as important, the community's collective vision, as to how to accommodate these conditions. Finally, this enterprise parallels the activities associated with building a city; thus this Plan embraces a long-term vision rather than a short-term perspective. In 1996, the City of La Quinta adopted the first economic development plan that defined the community's desires for future development, and presented a business plan to guide the City's economic development initiatives. The City then embarked on a planned, pro -active economic development effort for the following reasons: Capture Forecasted Growth for the Coachella Valley A variety of market studies forecast continued growth for the Coachella Valley during the next decade. This is demonstrated by the new major retailers that have located in the Highway 111 corridor during the past year. Due to its prime location and the expanding population of the Eastern Central Coachella Valley the City is positioned to capture a sizable portion of the projected commercial, resort, and residential development through the business expansion and recruitment efforts delineated in this Economic Development Plan. Balance Municipal Revenue and Expenditure Needs The City's primary revenue resources are transient occupancy and sales taxes. During fiscal year 2005-06 these revenues comprised 35% of the City's total General Fund revenue; sales tax revenue income generated approximately 22% of total General Fund revenue and transient occupancy tax revenue will generate approximately 13% of total General Fund revenue. Secondary resources are license/permit fees and property tax revenue. A majority of the City's property tax revenue, however, is allocated to the Redevelopment Agency. Approximately 80% of the land area within the City's corporate boundaries is in one of two redevelopment project areas. Combined, these resources maintain existing, and provide new, services to La Quinta's residential and business communities. Resort and commercial development generates a majority of the municipal revenues received by the City. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA May 16, 2006 ECONOMIC DEVELOPMENT PLAN INTRODUCTION PAGE 3 The City and Redevelopment Agency must continue to enlarge the City's revenue base in order to enhance and expand the quality of municipal services La Quinta residents expect. Enlarging the City's revenue base is particularly important given that the State continues to reallocate local revenue to fund State obligations in order to address its budget deficits. Judiciously Allocate Municipal Resources Like any business, the City continually balances the allocation of financial resources between service costs and infrastructure investment. To prudently accomplish this task, the City annually implements a comprehensive strategic planning effort that meshes this Economic Development Plan with a Five Year Municipal Service Resource Allocation Plan, a Five Year Capital Improvement Program, Annual City/Agency Financial Management Strategies, and Annual City/Agency Operating Budgets. Since 1994, the City has achieved many short - and long-term financial goals identified through the strategic planning effort. This Economic Development Plan identifies economic development investment strategies and initiatives that are subsequently funded through the annual City/Redevelopment Agency Capital and Operations budgets. Participants in Formulating and Implementing this Plan This Economic Development Plan delineates initiatives that implement the community's vision of its desired destiny. It outlines policies, activities, and resources the City will pledge to guide and/or influence future development decisions. Thus, the primary participants in formulating and implementing this Plan are the residential and business communities that define La Quinta. When first developed, the City sponsored a series of community forums to solicit community input. The City continues to consult with these communities during the Plan's implementation phases. The City Council governs the formulation and implementation of this Plan. Council Members bring forth constituent ideas and needs, and assist with defining the issues, mission, strategy, and overall policies that guide implementation efforts. Finally, City staff plays a strategic role in this endeavor. Staff is charged with the responsibility to monitor market conditions, solicit community input, interface with existing and new users, implement programs and initiatives, and monitor achieved results. C . 162 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA May 16, 2006 ECONOMIC DEVELOPMENT PLAN Section 9 1 200"7 Economic Develop I i e n' Plan Strategies and Tasks to Stimulate Private Investment in La Quints This section presents the background data that was used in developing the Business Plan presented in Section 3; it includes a summary of key assets, presents an overview of projected market demand, delineates projected City/Agency resources, and outlines infrastructure needs. Community Profile The City of La Quinta is located in the Eastern Central Coachella Valley; Indian Wells borders the City to the west, Indio to the east, and unincorporated communities to the north and south. Located approximately 2 miles south of Interstate 10, primary access is via State Highway 111 and Washington Street. Per the Wheeler's Desert Letter, the City's 2004 population was 36,150 with a median household income of $61,480. Only Indian Wells and Rancho Mirage had higher median household incomes. In the context of the Coachella Valley, La Quinta also enjoys an emerging population of new families with an average household size of 2.85 persons; 64% of La Quinta's population is under 44 years of age (the median age is 36.4), and persons over the age of 65, historically the most recognized age group in the Valley, comprise only 13.4% of La Quinta's population. Claritas Incorporated, a demographic research firm, estimates that 151,705 persons live within a five mile radius of La Quinta, 243,517 live within a 10 mile radius, and 322,871 live within a 15 mile radius. Within the same geographical areas, the estimated average household income was $74,387, $73,511, and $70,407, respectively. During 2004, total retail sales within the City of La Quinta were $680 million. The City's assessed valuation for 2005 was $7.92 billion. Key Assets Review of the City's physical characteristics and discussions with the residential and business communities identify the following key community assets: C. ,163 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA ECONOMIC DEVELOPMENT PLAN May 16, 2006 RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 5 • an educated, dedicated, and highly motivated residential and business community that share a long history of working in concert to provide a stable environment that supports economic development efforts; • an international reputation for resort and golf amenities resulting from the La Quinta Resort & Club, PGA West, Rancho La Quinta, The Tradition, The Quarry, La Quinta Country Club, and SilverRock Resort; • the City hosts renowned golf tournaments such as the Bob Hope Chrysler Classic and The Skins Game, which have helped earn it the title of "America's Ultimate Golfing Destination" by the acclaimed Robb Report; • the Highway 111 commercial corridor that features prime, vacant property of sufficient size to accommodate development that will serve the Eastern Coachella Valley and will generate significant financial returns for both the City and Agency; • a market area with the highest per capita income in the Coachella Valley; • the Village of La Quinta, a commercial center nestled in the Santa Rosa Mountains, that offers a setting that is unparalleled in the Coachella Valley; • La Quinta's commerce, art and cultural heritage as represented by the La Quinta Chamber of Commerce, La Quinta Arts Foundation and La Quinta Historical Society, that supports art and cultural activities attracting patrons from California and the greater southwest; • the 525 acre Agency -owned SilverRock Resort golf and resort property, home to the Arnold Palmer Classic Course which Golf Magazine selected as one of the "top ten new golf courses that you can play"; • the Lake Cahuilla Recreation Area which provides water sport and other outdoor recreation opportunities; • continued strong residential development and sales activity which generates a significant number of households to support retail, recreation, and service commercial users; • a highly motivated City workforce that understands the needs of the business community and the need to process required City approvals within a short time frame; • resources that the City/Agency can dedicate to economic development investment; and • availability of professional office space. C 164 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA May 16, 2006 ECONOMIC DEVELOPMENT PLAN RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 6 Liabilities Though the assets far outweigh the liabilities, there are limitations that the City must account for when implementing its economic development initiatives; these include the following: • competition between Coachella Valley communities to provide financial incentives to major developers and users, which significantly influence their location decisions; • competition for golf and resort patrons with other Coachella Valley cities who are improving their public golf amenities in order to attract new, and expand existing, resort and hotel uses; and • evolving retailing trends that render existing retail centers obsolete while potentially decreasing the need for new retail centers. Projected Market Demand The Agency commissioned Economic Research Associates (ERA) to conduct a new market study to assess near- and mid-term trends that will influence economic development efforts. The Market Study specifically focuses on market conditions and development opportunities within the City's main commercial corridors (Highway 111, The Village, and SilverRock Resort) and within the Sphere of Influence area. ERA summarized key findings in the April 2006 Overview Analysis of Market Opportunities, which is included as Exhibit B to this Plan. Projected City/Redevelopment Agency Financial Resources for Economic Development As part of its ongoing resource management effort, the City annually evaluates City/Redevelopment Agency financial resources and identifies those resources that can be pledged to economic development initiatives. During development of the 2006-07 Fiscal Year Budget, staff will specifically identify funds available for economic development initiatives. These funds are basically one-time resources that will most likely not be renewed when expended. City/Agency Real Estate Assets Since 1983, the City and Redevelopment Agency have accumulated real estate assets as a result of major infrastructure projects or as part of the Agency's. affordable housing efforts. Exhibit A, in the Appendix of this Plan, presents a map of the real estate assets owned by the City or Redevelopment Agency. City/Redevelopment Agency real estate assets currently available for economic C, 165 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA May 16, 2006 ECONOMIC DEVELOPMENT PLAN RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 7 development include SilverRock Resort, owned by the Redevelopment Agency, and the City's holdings located at the top of the Cove. Infrastructure Needs/City Capital Improvement Program As part of the annual strategic planning effort the City conducts a comprehensive review of the community's infrastructure needs. The City then addresses these needs through the Five -Year Capital Improvement Program. This Program identifies both current year and projected five-year capital improvement needs and resources, and delineates an annual funding schedule for specific infrastructure projects. This Economic Development Plan is integrated with the Capital Improvement Program to ensure that the infrastructure impediments to specific economic development projects are addressed, or where possible, economic development project implementation activities mitigate site -specific capital improvement needs. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA May 16, 2006 ECONOMIC DEVELOPMENT PLAN Section 3 200"7 Economic Development Plan Strategies and Tasks to Stimulate Private Investment in La Quinta In order to proceed with implementation activities, a business plan is required that presents a mission statement describing the intended outcome the community wishes to achieve, and the overall policies that will guide implementation activities. Finally, specific target areas and implementation efforts are detailed. Mission Statement The mission statement the community formulated for this economic development effort is as follows: The mission of the Economic Development effort is to actively support the development and expansion of existing businesses, and to proactively recruit quality revenue - generating uses that diversify and expand the City's economic base, offer a variety of products and services, increase employment opportunities, enhance City/Agency fiscal resources, preserve and enhance La Quinta's unique environment, and contribute to the quality of life for La Quinta residents. Implementation Policies The following policies guide the City's Economic Development implementation efforts. They address resource and staffing commitments, annexation strategies, use of City assets, and refinement of City processes. These policies guide City staff as they pursue implementation initiatives. Active Participation in Economic Development The City will actively implement economic development initiatives by committing resources to market development opportunities through direct contact - with property owners, commercial and industrial enterprises, resort and lodging operators, and developers. 167 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA May 16, 2006 ECONOMIC DEVELOPMENT PLAN IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 9 Financial Resources Commitment The City and Redevelopment Agency will annually dedicate funds to support economic development and infrastructure improvement activities. Business Retention/Expansion The City will work with the La Quinta Chamber of Commerce to facilitate business development and expansion opportunities involving existing La Quinta businesses. Economic Base Diversification Emphasis will be placed on pursuing opportunities that will dynamically enhance and diversify La Quinta's economic base to include a balance of retail, recreation, and resort uses. City/Agency Private Project Investment City/Redevelopment Agency financial investment will be primarily limited to underwriting infrastructure and municipal fee costs, obtaining operating and use covenants, and rehabilitating/refurbishing older commercial structures and centers for projects that enhance overall City development and growth. Assisted projects must feature enhanced design and landscaping amenities, and enhanced building and site maintenance requirements to insure that these amenities are maintained for the life of the development. City/Agency Return on Investment When considering City/Redevelopment Agency investment in commercial, resort or office development projects, the City/Redevelopment Agency must achieve a 15% to 18% return on the City/Agency investment by the third year of operation. The development project revenue included in this analysis is sales tax, transient occupancy tax and property tax revenue; City development permit and impact fee revenue may not be included as development project revenue. Further, City service costs must first be deducted from development project revenue. The City/Redevelopment Agency investment should be fully repaid within a 10-year period, with every attempt to achieve repayment within a 5- to 8-year period. Private Project Investment - Financial Need For commercial, industrial, office or resort development projects that request City/Redevelopment Agency, financial investment, the City/Redevelopment Agency shall find that off -site infrastructure improvement costs, municipal fee costs, and/or property and building refurbishment and rehabilitation costs are so excessive that the project warrants public investment to underwrite some of these costs in order to generate sufficient returns to attract private investment. Further, C" 168 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA May 16, 2006 ECONOMIC DEVELOPMENT PLAN IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 10 if City/Redevelopment Agency financial investment is targeted towards obtaining operating and use covenants, the City/Redevelopment Agency shall find that the desired user achieves the City/Agency Return on Investment parameters described above and generates additional employment, retail and/or recreation opportunities for La Quinta residents. Reuse of Vacant Commercial Facilities The City/Redevelopment Agency will pro actively work to ensure the reuse of commercial facilities that remain vacant for 6 months or more. These activities will include working with property owners and tenants to identify reuse opportunities, identify site and building improvement needs, and facilitate user/developer recruitment efforts. Highway 111 Corridor Anchor Tenants In order to enhance commercial opportunities the City/Redevelopment Agency has secured two major retail anchors for the east end of this corridor. In doing so, this corridor will have major demand generating anchors located in the corridor's west, middle and eastern sectors. The City/Redevelopment Agency will work on filling remaining vacant parcels. The City/Redevelopment Agency will then be in a position to reduce, if not cease, its involvement in facilitating vacant land development and instead focus exclusively on facilitating the reuse of obsolete commercial facilities. Environmental Compatibility In order to maintain, protect and enhance La Quinta's unique physical environment, all new development projects will be reviewed with added emphasis on their compatibility with their environmental setting to insure preservation of La Quinta's unique natural desert and mountain landscape. Regional Transportation Opportunities The City will pursue joint efforts with regional agencies that facilitate the expansion of rail and air transportation services, including the Jacqueline Cochran Regional Airport, to support the transportation needs of La Quinta's resort, commercial, and other uses. Annexation Opportunities The City may pursue annexation opportunities, as requested, that are economically sustainable, enhance the City's economic future, and protect environmentally sensitive areas that are crucial to the La Quinta experience. These will include properties that expand resort and golf course development opportunities, accommodate commercial, industrial, and transportation uses, protect environmentally sensitive areas and scenic vistas, and enhance 169 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA May 16, 2006 ECONOMIC DEVELOPMENT PLAN IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 11 equestrian opportunities. The City will also review potential impacts on current residents and seek ways to mitigate impacts, if they exist. Municipal Properties The City will pursue the timely sale and/or development of all City/Agency owned surplus property with uses that maintain, protect and enhance the environment while achieving a return on the initial City/Agency investment. Recreation Opportunities The City will develop a second municipal golf course, clubhouse, and other recreational uses that are compatible with surrounding neighborhoods. Further, efforts will be made to develop a comprehensive trail system that links the recreation amenities at Lake Cahuilla and in the Santa Rosa Mountains with the City's residential and resort communities. The City will continue its participation in regional planning efforts to complete a trail system between La Quinta and Palm Desert, inform citizens and residents of the project's progress, and publicize this recreation opportunity once the trail is complete. Streetscape Improvements Future major arterial streetscape and median improvements will be designed to impart a sense of place and a feeling unique only to La Quinta so that residents, visitors and other travelers will experience a sense of arriving at a special destination when traveling to or through La Quinta. Highway I I I Corridor Land Use Diversification The City will encourage the development of commercial, service commercial, office, lodging, theater, and light industrial uses within the Highway 111 corridor to diversify the community's economic base. Education The City recognizes the value of enhancing educational opportunities in the Coachella Valley, and therefore, has supported efforts to expand the California State University, San Bernardino — Palm Desert Campus via a total contribution of $1,000,000, with $250,000 paid this past fiscal year, for the future Health Sciences building. Staff Development City staff will continually work to refine and improve their skills as they relate to fulfilling the mission of the economic development plan and program while reinforcing the perspective that the City's economic survival depends on City ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 170 May 16, 2006 ECONOMIC DEVELOPMENT PLAN IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 12 staffs ability to serve the public in a courteous, efficient and knowledgeable manner. Prepare New and Update Existing Information Documents On an ongoing basis, City staff will prepare.new, and update existing, promotional and community information documents for circulation to potential users and developers. Fiscal Year 2005436 Accomplishments The Business Plan presented in the 2005-06 Economic Development Plan identified specific target areas and activities to accomplish during the fiscal year. The following summarizes the accomplishments by target area, as of March 2006. Highway III Corridor Marketing Highway 111 Properties. City staff continued to work with Highway 111 property owners to jointly pursue marketing opportunities. This included promoting development opportunities at the International Council of Shopping Centers' Palm Springs Conference, working with property owners to address impediments to development, and facilitating development proposal entitlement needs. Anchor Tenant Recruitment. During this period the City concluded a land sale transaction with Sam's Club who will be constructing a warehouse center, and also entered into a 10-year operating covenant with Costco. These actions secured two anchor tenants for the eastern segment of the Highway 111 corridor. The Village Parking Facilities. Constructed public parking facilities at the northwest corner of Avenida Bermudas and Avenida Montezuma. The City also commissioned a comprehensive parking study to identify current and future parking demand, and on- and off -site parking facilities that will be needed to accommodate this demand. Annexation Feasibility Annexation. Continued to work with interested property owners on evaluating the costs and benefits of annexations. Resort/Hospitality Opportunities SilverRock Resort. The City opened the Phase 1 tournament golf course (the Arnold Palmer Classic Course at SilverRock). The Agency conducted a developer/operator solicitation process that resulted in an Exclusive `- 171 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA May 16, 2006 ECONOMIC DEVELOPMENT PLAN IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 13 Housing Negotiation Agreement with Destination Development Company (DDC), a Lowe Enterprises Company. The Agency then accepted a conceptual site plan in June 2005 and authorized staff to negotiate a property disposition and development agreement (DDA). The current schedule anticipates presenting the DDA to the City Council and Agency Board for consideration in June 2006. La Quinta Rental Housing Program. The Agency sold 3 homes to residents from the Vista Dunes Mobile Home Park, who could qualify for a first trust deed mortgage and who saved funds for a down payment and closing costs. All three home sales were to very low income households. Watercolors. Site construction activities commenced with home sales underway. The Affordable Housing Agreement will facilitate development of 149 single-family homes affordable to moderate -income households aged 55 years and older. Vista Dunes Mobile Home Park. The Agency acquired this older mobile home park in May 2004 with all 92 households successfully relocated by January 2005. The site and building plans are under final review with site improvements and home construction activities starting in July 2006. Avenue 48/Dunes Palms Road (Hammer) Property. The Agency purchased this 27.75 acre property in July 2004. In July 2005 the Agency selected the Coachella Valley Housing Coalition (CVHC) to design an affordable multi -family development, and to conduct project structuring and funding negotiations. These activities concluded with both the Agency and CVHC approving a disposition and development agreement in March 2006. The next step entails securing tax credit and State multi -family housing program funding, and initiating site and building construction. Marketing Television Advertising. Economic development infomercial from previous year aired in Orange County. In addition, two new 30-second spots were produced and aired locally, as well as in Orange and Los Angeles Counties promoting La Quinta as a great place to visit for shopping, dining, and golf. Print Advertising. Launched a Stay/Play & Shop/Dine campaign via the Los Angeles Times, The Desert Sun, and Desert Entertainer. Advertised in the following program guides/publications: International Council of Shopping Centers (ICSC); Bob Hope Chrysler Classic; La Quinta Arts Festival; Palm Springs Life; and Official State Visitor's Guide. _ 172 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA May 16, 2006 ECONOMIC DEVELOPMENT PLAN IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 14 Public Relations. Prepared and issued press releases on numerous items of interest. Coordinated a feature article for Jetsettin the West Magazine and initiated working relationship with editor of LQ Magazine for continued City coverage. Business Expositions/Special Event Attendance. Participated in ICSC's Western Division Conference, BizNet 2006 (Chambers of La Quinta, Indio, and Coachella), and the City's annual picnic. City Communication Pieces. Produced City Report (newsletter) on a quarterly basis for distribution to La Quinta residents; created a third annual City calendar for distribution to La Quinta residents featuring and promoting SilverRock Resort; initiated re -design of City Pages in the Chamber monthly newspaper. Marketing Recruitment Program. Completed business recruitment program via resident survey, and creation of collateral material for targeted businesses with goal of recruiting desired tenants into existing commercial centers and those underway. Community Services. Maximized exposure for various community events and programs, e.g. City Picnic, Community Concert, and classes offered throughout the year. Created and mailed spring postcard to La Quinta residents announcing springtime events in the City. SilverRock Resort marketing additional accomplishments include: Outdoor Billboard Advertising. Rotator (traveling) billboards were secured and rotated throughout the Valley at prominent locations. Television Advertising. 30-second spots were broadcast locally and during various golf tournaments and major sporting events. Also, the 7th Annual Jim Murray SilverRock Alumni Challenge was played and televised in December 2005 on Fox Sports Network throughout Southern California. Print Advertising. Advertised in The Desert Sun and various golf publications such as Desert Golf Magazine, Palm Springs Life, Fore Magazine, Golf News, Southern California Golf News, and Southland Golf. Sales Tool Kit/Media Kit. Waiting on official word for the 2007 Bob Hope Chrysler Classic before collateral material is printed. 173 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA May 16, 2006 ECONOMIC DEVELOPMENT PLAN IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 15 Revise/Update Rack Cards. Created and printed a new rack card which provides current golf rates and relevant information including directions, website address, and phone number. Public Relations. Continued to research and implement public relations efforts. Issued press releases on various SilverRock items of interest. 200E-07 Implementation Activities and Target Areas The City's economic development initiatives have attracted major anchor retailers to the Highway 111 corridor, developed the Arnold Palmer Classic golf course at SilverRock Resort, and initiated negotiations with Destination Development Company (DDC) regarding the boutique hotel, resort hotel, and resort retail village properties at SilverRock Resort. During 2006-07, the Economic Development focus will entail: • Working with Highway 111 Corridor property owners to facilitate building and site reuse opportunities to accommodate evolving retail trends and the reuse and/or expansion of existing retail facilities; • Exploring opportunities to develop a mixed -use "lifestyle" center that combines entertainment venues with retail and residential uses, in the Highway 111 Corridor; • Completing and implementing the development programs for the boutique and resort hotels at SilverRock Resort; • Designing the permanent clubhouse and the second golf course at SilverRock Resort; • Exploring opportunities to develop urban infill residential uses in or near the Village to increase demand for the commercial and office uses; and • Evaluating the retail demand potential and designating additional property to accommodate new retail centers in Planning Areas 1 and 2. The Redevelopment Agency's prime focuses will be to: (1) facilitate the development of the boutique and resort hotels at SilverRock Resort; and (2) to initiate the design activities for the permanent clubhouse and second golf course. In order to insure a timely opening of the second course, the Agency will initiate course design and site planning activities as part of its 2006-07 capital improvement efforts. Another Agency focus will be to generate opportunities to facilitate urban infill. development in and adjacent to the Village. Market research and discussions with the development community indicate that the current land values combined with current parking requirements limit the economic feasibility of residential development. The Agency may need to address this potential imbalance by facilitating land purchase and C , 174 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA May 16, 2006 ECONOMIC DEVELOPMENT PLAN IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 16 sale transactions, and by working with the City to explore on- and off -site parking alternatives. During the past 11 years the City's economic development efforts have generated a majority of the retail uses that populate the Highway 111 Corridor. This effort established the Corridor as a prime regional retail center. However, La Quinta residents have voiced the desire to have new pedestrian oriented entertainment venues in La Quinta. Given the regional draw of the Highway 111 Corridor, locating a mixed use lifestyle center in the Corridor would be appropriate. A lifestyle center typically includes movie theaters, restaurants, coffeehouses, bookstores, a health club, and urban residential uses. However, the limited vacant land opportunities within the Corridor may limit to City's opportunities. An equally important City economic development initiative involves planning for future retail development to serve future growth in Planning Areas 1 and 2. Initial development and population projections indicate that these Planning Areas may accommodate from 60,000 to 99,900 residents. Given the distant location from the existing commercial centers within the City, 500,000 to 600,000 leasable square feet of local -serving commercial development could be supported in this area at buildout. As part of the City's annexation strategic planning activities slated for 2006-07 that will focus on Planning Areas 1 and 2, additional analysis of the retail potential will be conducted. Further, given the residential emphasis of the current land use policies that govern development in these Planning Areas combined with the fact that a majority of this property is located in a Redevelopment Project Area under the jurisdiction of Riverside County, the City would gain limited operations revenue from annexing this area. As part of the City's strategic planning effort, new revenue sources must be identified to insure that municipal service costs associated with these Planning Areas are funded by municipal revenues generated within these Planning Areas. Highway 111 Corridor Activities to Accomplish in • Continue to market Highway 111 corridor 2006-07: development opportunities to retail, auto dealers, hospitality and family restaurant/entertainment developers and operators in conjunction with property owners. • Monitor the implementation of the Disposition and Development Agreement to ensure timely completion of hotel, restaurant, medical office and residential. development on the MilesANashington property. 175 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA May 16, 2006 ECONOMIC DEVELOPMENT PLAN IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 17 • Facilitate building and site reuse opportunities to accommodate evolving retail trends and the reuse and/or expansion of existing retail facilities. • Explore opportunities to locate a mixed -use "lifestyle" center that combines entertainment venues with retail and residential uses in the Highway 111 Corridor. The Village Activities to Accomplish in Conclude parking capacity and location 2006-07: studies that identify current and future parking demand, and the means and locations to accommodate these demands. • Explore opportunities to develop urban infill residential uses in or near the Village to increase demand for the commercial and office uses. • Continue to explore commercial retail development opportunities. Annexation Feasibility Activities to Accomplish in Develop an annexation strategic plan that 2006-07: will generate land use and fiscal recommendations that guide future Planning Area 1 and 2 annexations. • Work with the County of Riverside to identify how the City may assume some of the current redevelopment authority and revenue as Planning Area 1 and 2 properties are annexed into the City of La Quinta. • Evaluate the use of non -property tax based revenue vehicles in order to accommodate annexation requests. • Evaluate the retail demand potential and 176 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA May 16, 2006 ECONOMIC DEVELOPMENT PLAN IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 18 designate additional property to accommodate new retail centers in Planning Areas 1 and 2. Resort/Hospitality Opportunities Activities to Accomplish in Enter into a Disposition and Development 2006-07: Agreement with a Destination Development Company (DDC) for SilverRock Resort. • Complete and implement the development programs for the boutique and resort hotels. . Begin conceptual planning for the retail component of SilverRock Resort. • Solicit proposals from landowners and developers to jointly develop additional resort and hospitality uses throughout the City. Recreation Opportunities Activities to Accomplish in • Initiate the site planning and facilities design 2006-07: processes for the permanent clubhouse, and the second golf course at SilverRock Resort. Housing Activities to Accomplish in Initiate and complete site improvement and 2006-07: home construction activities at Vista Dunes. • Purchase and reserve additional property for future affordable housing development. • Explore the feasibility of rehabilitating - or redeveloping the remaining mobile home park within the community. • Identify rehabilitation and/or redevelopment opportunities involving existing residential �• . 177 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA May 16, 2006 ECONOMIC DEVELOPMENT PLAN IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 19 units. • Monitor the implementation of the Affordable Housing Agreement with Coachella Valley Housing Coalition (CVHC) for the land sale and development of 218 affordable multi- family rental dwellings at the Dune Palms Road/Avenue 48 property. • Sell additional units in the La Quinta Housing Program to very low-income households. Marketing Activities to Accomplish in General City Marketing 2006-07: • Create new television spots to promote new shopping and dining with context of City's 25 anniversary. . Continue to run out -of -market City 30- second spot in Los Angeles and Orange Counties. • Continue print "play, stay, shop, and dine" advertising in newspapers such as Los Angeles Times and The Desert Sun. • Undertake parallel shop/dine/25th anniversary campaign via radio and publications such as LQ Magazine and The Desert Sun. Explore new City website promotion in conjunction with City's 25th anniversary. • Continue advertising in various program guides and publications such as: International Council of Shopping Centers, Bob Hope Chrysler Classic, and explore CVA co-ops. • Continue to advertise in Palm Springs Life (October "Cities" Issue). • Continue to participate in trade shows and special events, e.g. ICSC, BizNet, City r 179 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA May 16, 2006 ECONOMIC DEVELOPMENT PLAN IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 20 picnic, community concert. • Maintain a contingency account for unique advertising opportunities. • Continue public relations opportunities with issuance of press releases, with focus on 25'�' anniversary. • Produce a City calendar as gift and communication piece. • Produce a quarterly City Report for La Quinta residents. • Complete re -design of City Pages in the Gem (Chamber monthly publication). • Create material to promote Community Services events, such as post cards and posters. • Continue to produce quarterly recreational brochure to promote special programs and classes. • Create 25t' Year Anniversary Committee. • Design 25t' Year Anniversary Logo. Arnold Palmer Classic Course Marketing • Continue rotator billboards and ensure readability. • Explore possibility of producing new 30- second TV spot to air locally and nationally. • Print Advertising — advertise in golf publications such as Desert Golf Magazine and Palm Springs Life, and The Desert Sun. • Continue research and implement public relations opportunities with positive messages, e.g., national recognition by Golf Magazine. 179 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA May 16, 2006 ECONOMIC DEVELOPMENT PLAN IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 21 Advertise in non -golf publications, e.g., in- flight magazines. • Contract professional services for maintenance of SilverRock website. 180 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA May 16, 2006 ECONOMIC DEVELOPMENT PLAN Exhibit A- 2ON47 Economic Development Plan Strategies and Tasks to Stimulate Private Investment in La Quints ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA May 16, 2006 ECONOMIC DEVELOPMENT PLAN City of La Quinta y Y ! City - Agency Owned Property T i r i` i E 4 F1 I 1� Y # I L # I i i I I !1 i i MAGG_ aJsdFMes\Md%CRY•tgen YProp*rV3.mxd ~ dysmisi:ols_VVORK) atsukyAge o/OwnedPropertNsY2OOSrcff �t 192 � a�rw COUNCILIRDA MEETING DATE: May 16, 2006 ITEM TITLE: Authorization to Distribute a Request for Proposals for a Bus Stop with a Library Theme RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: J / STUDY SESSION: PUBLIC HEARING: Authorize staff to distribute a Request For Proposals (RFP) to design and construct a bus stop with a library theme located near the La Quinta Public Library on Calle Tampico. FISCAL IMPLICATIONS: None at this time. It is anticipated that the bus stop will cost approximately $80,000. The Art in Public Places Program Account # 271-0000.451.74-80 has available funding for this project. Depending on the ultimate design, library funding may be available for this structure, which will be determined at the time of award. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The bus stop located on Calle Tampico will be moved on the sidewalk to the east for better access and visibility for riders. The City Council has requested that an original and creative design with a library theme be considered for this project. The Community Services staff is requesting that an original artist be selected through an RFP process for this project and that the Art in Public Places funding be used. C- 193 Contingent upon City Council authorization to distribute the attached RFP on May 16, 2006, the following represents how the project is expected to proceed: Issue RFP May 19, 2006 Proposal Due Date June 16, 2006 Community Service Commission Review of Proposals July 10, 2006 Recommendations to the City Council July 18, 2006 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Authorize staff to distribute a Request for Proposals for a bus stop with a library theme; or 2. Do not authorize staff to distribute a Request for Proposals for a bus stop with a library theme; or 3. Provide staff with alternative direction. Respectfully submitted, Edie Hylto , Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Request for Proposal for Library Bus Stop COUNCIL/RDA MEETING DATE: May 16, 2006 ITEM TITLE: Consideration of the Coachella Valley Multi -Species Habitat Conservation Plan, Final Environmental Impact Report and Environmental Initial Study and Implementing Agreement RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council making Responsible Agency Findings under the California Environmental Quality Act (CEQA) and approving the Coachella Valley Multi - Species Habitat Conservation Plan (referred to herein alternatively as the MSHCP or the Plan) and Implementing Agreement; and Adopt a Resolution of the City Council establishing Procedures and Requirements for the Implementation of the Plan. FISCAL IMPLICATIONS: The Plan proposes a new updated development fee in the amount of $5,270 (previously proposed at $1,975) per acre to assist funding acquisition, administration and management of the Plan. For residential development, the fees may be higher due to proposed per dwelling unit fees. Implementation of the Plan may result in reduced levels of development in certain portions of the City, which in turn, may reduce City property and sales tax revenues. The adoption of the Plan will also add costs to development throughout the City because of the imposition of the fee. However, there would also be a corresponding reduction in the need for City services in the undeveloped or underdeveloped areas. City staff time would be expended in the implementation of the Plan. City Attorney involvement will also be required. It is therefore difficult to assess the long term fiscal implications of the Plan. The Plan has provisions that state the City's financial obligations are limited to funding outlined in the Plan (fees). The City may be required to allocate funds to manage City -owned lands located within Conservation Areas. The Joint Powers Authority has the ability."to impose assessments for participating entities if funding shortfalls occur. CHARTER CITY IMPLICATIONS: Nose. G . 195 BACKGROUND AND OVERVIEW: A. General Overview The CVAG Executive Committee held a public hearing at its meeting of February 6, 2006 and after four hours of public comment approved The Plan on a 10-1 vote (the City of Indio voted no). During the public hearing 95 speakers testified. Action items include certification of the Final EIR and approval of the Plan. CVAG has requested all agencies and jurisdictions take action on the Plan by June 1, 2006. To date, the Cities of Coachella, Rancho Mirage and Palm Desert have approved the Plan and the Cities of Indio, Cathedral City, and Desert Hot Springs have expressed strong concerns regarding the Plan. CVAG has facilitated numerous meetings with cities in the spirit of resolving issues without the need to revise the Plan. The Cities of Palm Springs, and Desert Hot Springs have the Plan on City Council agendas this week. Discussion regarding this Plan started in 1994. In 1996, a Memorandum of Understanding (MOU) was developed and approved by CVAG agencies, Wildlife agencies and other entities. At this time, the following agencies are participating in the planning process: all cities in the Coachella Valley, Riverside County, U. S. Fish and Wildlife Service (USFWS), California Department of Fish and Game (CDFG), Bureau of Land Management, U. S. Forestry Service, National Parks Service, Coachella Valley Water District, Imperial Irrigation District, Riverside County Flood Control and Water Conservation District, Riverside County Recreation and Park District, Riverside County Waste Management Department, California Department of Parks and Recreation, and Coachella Valley Mountains Conservancy. The proposed Plan has been in process for approximately 12 years and the process has had numerous opportunities for public involvement. A Project Advisory Group (PAG) was formed in 1994 to provide a forum for cities, public agencies, and private sector groups to participate in the preparation of the Plan. CVAG hosted public forums in 1998, 1999, and 2000 to allow the general public opportunities to provide input into the Plan. A Scientific Advisory Group was formed to provide technical expertise regarding biological issues. The formal public review of the draft Plan, draft EIR, and Environmental Impact Study (EIS) and associated documents commenced on November 5, 2004 and the public comment period ended on March 7, 2005. The City submitted comments on March 7, 2005 (Attachment 1). These comments addressed a range of questions, comments and concerns which were directed at clarifying how the Plan affects properties in the City, on -going funding, and proposed fee program. CVAG provided a detailed response to the City's letter as part of the Final EIR/EIS document. On January 17, 2006, the City Council staff report included (. 186 CVAG's response as an attachment. A copy of the Council minutes is Attachment 2. Subsequently, the City submitted a letter to CVAG on March 3, 2006 (Attachment 3), and on April 18, 2006, CVAG submitted a letter (Attachment 4) summarizing a meeting on April 6, 2006 between the City and CVAG. This meeting utilized the City's March 3, 2006 letter as an agenda. In addition, to using the letter as an agenda, the City asked CVAG to evaluate a specific parcel in Section 5 and describe how the Plan would affect this specific property. As noted above, the CVAG Executive Committee approved the Plan at its February 6, 2006 meeting. Subsequent to this date, 17 individuals and entities have informed CVAG that they may file a lawsuit(s) challenging the Plan and certification of the Final EIR. CVAG has executed a Tolling Agreements for the purpose of extending the deadlines for the actual filing of lawsuits. The purpose of extending the deadline is to allow CVAG more time to try and resolve disputes with agencies, property owners, and other entities. The Plan is intended to balance protection of the environmental and economic development and to simplify compliance with endangered species and related laws. If approved, the Plan will allow the "take" of species covered by the Plan and will mitigate the impacts of "taking" by providing for conservation of covered species. The proposed Take Authorization, if permitted, will have a 75-year term. The Plan contemplates completing all land acquisitions within the first 30 years of adoption. The Plan will require a monitoring program, management program, adaptive management program, and on -going administration over its 75-year life. The Plan area covers approximately 1 .2 million acres of which 69,000 acres are Indian Reservation Lands. Indian Reservation Lands are not included in the Plan. Cities in the Coachella Valley make up 16 percent of the Plan area and the remaining 84 percent is unincorporated. Privately held land comprises 45 percent of the overall land area. Approximately 92% of proposed conservation areas are in unincorporated areas. The Plan will provide Take Authorization for 27 species and 23 Natural Communities. The Natural Communities provide habitat for the Covered Species. Covered Activities The Plan will provide permits for the incidental take for both listed and non -listed species. The permits will provide take authorization for the following types of covered activities outside Conservation Areas: • Development permitted or approved by local agencies • Public facility construction, operation and maintenance. • Emergency response activities. C. 187 The permits will provide coverage for Caltrans projects including future 1-10 interchanges in the City of Coachella. Widening of local arterial streets associated with interchange projects are also Covered Activities. The CVAG Transportation Project Prioritization Study (TPPS) projects are Covered Activities. In Conservation Areas the permits will provide take authorization for the following covered activities: • Development permitted or approved by Focal jurisdictions that is consistent with the Plan's limitations. • Operation and maintenance of existing legal private uses as of the date of Plan approval. • Construction and maintenance of trails consistent with the Plan's guidelines, except those portions on federal lands. B. Conservation Areas The Plan is based upon the establishment of the "MSHCP Reserve System." Lands would be assembled into 21 Conservation Areas. The Reserve System includes a total of 747,400 acres within the Plan's Conservation Areas. Currently, 534,200 acres within Conservation Areas are public or private lands and are managed as open space/conservation lands. The balance 190,540 aces needs to be acquired for conservation purposes and 22,660 acres of Conservation Area could be developed. Section 4.3.21 of the Plan (Pages 4-173 — 4-194) establishes the Santa Rosa and San Jacinto Mountain Conservation Area. Within this Conservation Area, the Plan establishes a series of mitigation measures, including restriction on development designed to preserve certain levels of PBS Habitat and imposition of the "Habitat Evaluation and Acquisition Negotiation Strategy (HANS), which is discussed further below. This Conservation Area affects all hillside and alluvial fan property in the City. Specific properties that are affected by this Conservation Area include the Travertine Specific Plan, Section 5, the property located west of Bear Creek, and all other hillside lands. The following General Plan land use summary for property located within this Conservation Area is included in the Plan. (- 188 General Plan Designation (Map symbol) — City of La Quinta % of Private Non -conserved Land In Conservation Area Building Intensity Range Open Space (OS) 76% Public or quasi -public land on hillsides Park (P) 2% Municipal and regional park facilities Golf Course Open Space (G) 3% Golf Course Low Density (LDR) 16% 1-4 units per acre Watercours/Flood Control (W) 3 % TOTAL 100% Future land use decisions will require a careful evaluation of this section of the Plan, Section 4.4 and 4.5. C. Required Avoidance, Minimization and Mitigation in Conservation Areas (Section 4.4) Staff has reviewed Section 4.4 of the Plan for applicability to lands within the City. This portion of the Plan establishes minimum measures to avoid, minimize and mitigate impacts caused by proposed development. In certain instances, biological surveys may be required to determine the presence or absence of certain species such as Burrowing Owls and Desert Tortoise. Specific measures addressing certain species are included in this Section of the Plan. One area of concern is the proposed seasonal limitations on construction activities. In La Quinta, the most important aspects of the Plan relate to the Bighorn Sheep's lambing season. In Section 4.4, Page 4-203, the Plan imposes severe restrictions on construction, maintenance and other activities from January 1 to June 30, sheep's lambing season. Such activities are prohibited unless authorized through a Minor Amendment to the Plan with approval of USFWS and CDFG. The PBS habitat covers 332 square miles and the number of potential development projects with or adjacent to, PBS habitat are relatively low. This restriction could extend the construction period for infrastructure and/or other development by up to one year if two lambing seasons are affected. Extending construction periods is counter productive since it will cause a longer period where construction activities occur causing a more significant impact on this species. If minor amendments are not approved, certain projects may be economically infeasible due to the excessive cost to start and stop projects. Staff has continued discussions with CVAG on this issue and it has been agreed that future CVCC policies (Implementation Manual) will have a "stream lined" process for allowing construction activity during lambing season. 189 D. Restrictions on Land Use Adjacent to Conservation Areas (Section 4.5) The purpose of the Land Use Adjacency Guidelines is to avoid or minimize indirect effects from development adjacent to, or within the Conservation Areas. Such indirect effects are commonly referred to as edge effects, and may include noise, lighting, drainage, intrusion of people into the adjacent conservation area, and the introduction of non-native plants and non-native predators such as dogs and cats. City staff requested amendments to the prohibited plant list and CVAG made such amendments. Additional clarification regarding the noise and other land use adjoining issues will be included in the Implementation Manual. CVAG affirmed that all Land Use Adjacency Guidelines are guidelines only and the City can determine if they are applicable on a case by case basis. Based upon these assurances, staff is comfortable with this portion of the Plan. However, the text in the Plan appears to make this Section mandatory. In response to on -going discussions, staff has added language to the Resolution establishing procedures and requirements to implement the Plan which states that this Section is to be considered by the City when reviewing specific development proposals. E. Restrictions on Take and Habitat Loss (Section 4.6) In response to City comments, the Plan was revised to increase Authorized Disturbance of PBS habitat from 96 to 114 acres within the City. As stated above, this Conservation Area includes a portion of one approved project (Travertine), as well as the Section 5 area which has been subdivided into 41 parcels ranging in size from five to 80 acres. Other hillside parcels are also included in this Conservation Area. The Plan contains special provisions on Travertine. (Page 4-1800) — (4)) As proposed Travertine is a Covered Activity (Take Authorized) with Revised Special Provisions (changes underlines) as follows: The Travertine Specific Plan has initiated a Section 7 consultation with USFWS. If a Permit for specified endangered or threatened species is issued through the Biological Opinion, then no Permit will be provided through the MSHCP for those species. Any provisions listed below for those species will not apply unless incorporated within the Section 7 Biological Opinion. If no Section 7 Permit is provided, and, in any event, as pertains to non -listed Covered Species, Travertine Specific Plan is a Covered, Activity with the following special provisions: (1) The portion of the Travertine Specific Plan property for which Take Authorization is provided is outside the Conservation Area, as depicted in Figure 4-26(e) (3) (A) . c` 190 (2) The remainder of the Travertine Specific Plan property is inside the Conservation Area, as depicted in Figure 4-26(e)(3)(A), and shall be dedicated to Conservation in perpetuity. (3) Prior to the issuance of grading permits, the project proponent will provide a no - interest $2,000,000 loan to the CVCC or its designee upon mutually agreeable terms to acquire Essential bighorn sheep Habitat in the project area. This provision may be revised or substituted for in a manner of equal of greater benefit to the Plan upon mutual agreement of CVCC, the Wildlife Agencies, the City of La Quinta, and the project proponent. (4) The project proponent will provide $500,000 for bighorn sheep monitoring and research, with $100,000 due prior to the issuance of grading permits, and an additional $400,000 provided during the succeeding eight years. The City raised a number of issues with regard to specific issues within and adjacent to Conservation Areas. They have been addressed as follows: 1 . Travertine Trai//ssues. The draft Plan did not include the public trails shown in the General Plan, including the trail to the Martinez Landslide and the connection of the trail system with the Boo Hoff trail loop. The Plan has been amended to show a trails corridor for this General Plan trail. 2. Travertine Mitigation. Travertine is not subject to the Mitigation Fee since the Special Provisions require payment of substantial funds. CVAG has stated that the City can make this determination (See #6B of CVAG April 18 letter). 3. Section 5. The City requested that the Plan be revised to add Special Provisions which would allow for the development of a single-family residence as an allowable use on each parcel. CVAG did not change the Plan in this regard and Section 5 remains subject to the HANS process. 4. Jefferson Street Extension. The portions of Jefferson Street extension located on private land is a covered activity. A short section of Jefferson Street south of the Green property is subject to separate Bureau of Land Management review. 5. Authorized Take. The City requested that Table 4-111 d be modified to increase the amount of PBS Authorized Take and clarify its intent. As previously noted CVAG increased Authorized Take and added a footnote that affects a 49 acre parcel located in the Cove. This parcel is designated as a 10% Take Authorization area. F. Water Source Designation and Restrictions. Need for Identification of Locations. Staff has expressed concern about the following requirement which states: C . 19i Item 1 .c - "Development shall be sited a minimum of a quarter mile from known water sources as identified on a reference map on file with the CVCC." In order to assess the impacts of this restriction, the referenced map needed to be included in the Plan and must be subject to public review, evaluation, and comment. Staff strongly recommended that CVAG prepare a complete and comprehensive map to be included in the Plan. If after Plan adoption, this map needs to be amended, this should be accomplished through either a Minor Amendment or Major Amendment depending upon the significance of the changes. Additionally staff recommended that this requirement be expanded to allow adjustments based upon topography. CVAG has agreed to create a CVCC policy for how the Water Resource Map would be amended in the future. This policy will be prepared by CVAG consultants. The policy will include a provision that requires review by all affected jurisdictions (See #5, CVAG April 18, 2006 letter). The CVCC will need to review and approve this policy. In addition, CVAG added provisions regarding topographic consideration. G. Clarification regarding the HANS Process. When development is proposed by private land owners within Section 5, the City will not be able to approve the project until the property owner has completed the "HANS Process" — a property owner initiated "Habitat Evaluation and Acquisition Negotiation Strategy". In summary, it provides as a process by which the CVCC and the wildlife agencies would be brought into the development loop, and the importance of the subject property would be reassessed. Specifically, the proposed development will be reviewed to determine whether all or part of the property is necessary to be purchased for inclusion in the "MSHCP Reserve System." In order to facilitate this review, the project applicant will have to provide, among other things, • a written description of biological information available for the project site including the results of any available mapping or surveys, and specifically information regarding the proximity of proposed development to Peninsular bighorn sheep lambing areas and water sources, and • quantification of anticipated impacts to biological resources identified for the project. If all or a portion of the subject property is determined to be necessary for the MSHCP Reserve System, negotiations with the property owner will begin. The negotiations are to focus on purchase price and non -monetary incentives. If only part of the property is needed for the Reserve, then negotiations for the part of the property needed is to focus on incentives in exchange for the property. These incentives can include monetary compensation or other incentives, such as density transfers. The Plan anticipates that after the initial review of 45 days, the negotiations are to be C 192 completed in 120 days. If the parties fail to reach an agreement, the conflict resolution process may be commenced. If no agreement is reached, the parties may try informal conflict resolution process, involving appraisals. If the owner consents, a more formal arbitration process may be followed, lasting up to 180 days. The entire HANS process could take 4 — 5 years. The Plan provides that if a price is agreed upon and funding is available, the acquisition would occur promptly. The Plan also attempts to provide for situations in which the acquisition funds are not immediately available. The City requested that the HANS process be modified to expedite process proposed development. CVAG provided an extensive response to the City's and other comments on the HANS process. CVAG chose to not make any amendments to the HANS process. City staff continues to have concerns regarding the HANS process and its possible effect on property owners. During the City's April 6, 2006 meeting with CVAG, there was extensive discussion regarding the HANS process and how it may affect property in Section 5. The following summary of this discussion was provided by CVAG. Several development scenarios for parcels in Section 5 were discussed to illustrate how "Take" (or "disturbance") would be calculated, how the HANS and Joint Project Review (JPR) processes would work, what the roles of the CVCC and the Wildlife Agencies would be, whether the Plan provides adequate 'Take' for potential development in the City, and how Rough Step would apply. The discussion clarified that the City and the Wildlife Agencies would confer regarding whether a parcel was needed in its entirety for conservation based on the criteria delineated in the Plan. If the City determines that some development can occur, then the project would go through the JPR process, in which the CVCC would utilize the disturbance footprint provide by the City to calculate the acres of disturbance that would occur. The CVCC would report this information vis-a-vis whether the project is consistent with the Conservation Objectives and the current status of Rough Step to the City. USFWS and CDFG could provide comments, but provide no regulatory role because they will transfer their authority under the State and federal Endangered Species Act to the City with issuance of the Take Permits. The City therefore, decides whether or not to approve the project if it is consistent with the Conservation Objectives. Because Rough Step is an annual reporting requirement, Rough Step can be achieved after the Take has occurred if necessary, but must occur within the annual reporting period. The City acknowledged that the amount of Take provided in the Plan should be adequate. It must be noted that Section 5 was subdivided prior to incorporation of the City into 41 individual parcels ranging in size from five to 80 acres. Parcels were created without regard to any physical attributes of the property including but not limited to C .193 topography, geology, flood hazards/drainage, biological resources or any other standard land use planning criteria. The City's General Plan has a number of policies which will affect the future development potential of all of the existing 41 parcels of land. Additionally, there are three or more washes which may require streambed alteration permits by State and federal agencies and most of Section 5 is designated Essential Habitat for the Peninsula Bighorn Sheep. The City's land use designation is Low Density Residential (0-4 units per acre) and Hillside Overlay. Based upon a review of existing physical conditions within Section 5, ownership patterns, current regulatory requirements (City, State and federal) it is Planning staff's opinion that this area will be difficult to develop with or without the Plan. In reviewing the Plan it does shift some decision -making to the City relative to Covered Species. However, the HANS process could be lengthy and cumbersome for property owners. It also must be noted that a large development, such as the Travertine Specific Plan was approved in 1995 and has worked to resolve State and federal endangered species issues since then. The Plan does create a new process to deal with Covered Species. This new process allows the city to issue take authorization for up to 114 acres of lands within Conservation Areas. Most of this authorized take will be likely be allocated towards Section 5. Based upon a careful review of the Plan and based upon a- careful review of existing site and regulatory conditions in Section 5, the Plan may provide greater local control over future land use decisions in Section 5 with one exception. If State or federal streambed alterations are required by any proposed developments, the property owners would still have to secure such permits. This would allow the Army Corp of Engineers, USFWS and/or CDFG to be directly involved in review of individual development projects. The Plan also provides a funding mechanism for acquisition of lands within Section 5. How this funding mechanism works relative to current property owners' expectation is an unknown at this time. H. Plan Implementation The Plan will be administered by the Coachella Valley Conservation Commission (CVCC), a joint powers authority. The CVCC will be made up of an elected official from each city, Riverside County Board of Supervisors, CVWD, and IID. A number of committees will be required to assist in implementing the Plan. The Reserve Management Committee (RMCO) will be an inter -agency group that will coordinate the implementation of the Conservation Area and Conservation Plan. The RMCO shall include one representative from BLM, CDFG, State Parks, CVCC, USFWS, and County and up to five other parties, public or private, that hold land dedicated to Conservation. Staff recommended that additional Local Permittee representatives need to be added to RMCO so there is a balance between environmental and economic needs. CVAG chose to not add any additional Local Permittee positions. c 194 I. Costs of Funding for Plan Implementation Cost of, and funding for the Plan includes direct and indirect costs including land acquisition, monitoring, management, and administration. The following Table has been revised and summarizes permittee costs over the 75 year term of the permit. Amount Item $76,266,000 Non -acquisition program administration costs $189,934,000 Monitoring Program $201,775,000 Management Program $27,127,000 Adaptive Management $491,363,000 Land acquisition costs 8,683,000 Land improvement costs $19,572,000 Acquisition program administrative costs $5,000,000 Management Contingency Fund $1,019,720,000 TOTAL Expenditures $ $785,739,000 Endowment Fund balance in Year 75 $175,000 Fund balance in Operating Fund in Year 75 $1,160,000 Repayment of conservation Trust Fund advance to complete Plan $1,810,794,000 TOTAL Funding for the Plan is proposed to include a combination of annual revenue and debt financing (revenue bonds). It is intended this would provide sufficient revenue to acquire lands and fund an endowment program to fund on -going Plan implementation. CVAG revised the summary of revenue as follows: Amount Revenue Source $503,163,000 Local Development Mitigation Fee $218,296,000 Habitat Conservation Trust Fund $31,077,000 Eagle Mountain Open Space Trust Fund $52,976,000 Regional Infrastructure Mitigation (Caltrans, CVWD, and IID contributions to acquisition and endowment) $234,000,000 Transportation Sales Tax (Measure A total for acquisition and endowment) $3,200,000 Transfer from CVFTL HCP Endowment $768,082,000 Interest on Investments; interest generated on money in operating. fund, acquisition fund, and endowment fund) $1,810,794,000 TOTAL Revenues The revenue sources are estimates and over the life of the Plan, Permittees and Wildlife agencies will need to annually evaluate the project budget. A key component is that the Plan requires a rough proportionality between acres acquired and a�,res 195 developed. This will be evaluated every five (5) years. Each local agency and the CVCC will need to ensure that acquisitions are balanced throughout The Plan area so that this "rough proportionality" is balanced geographically and so one local agency is not determined to be out of balance. Staff and CVAG are continuing to refine current levels of conservation lands within the City. The Plan is not dependent upon State and federal governments adhering to any specific schedule for land acquisition or appropriations for land management. Staff has been concerned that State and federal participation may not be committed at the same level as local permittees. Additionally, one could argue that the cost of implementing and managing State and federal endangered and threatened species is being shifted to local governments. Traditionally, management of large open space networks has been the responsibility of BLM, USFS, NPS, State Parks or other similar entities. This is a significant policy decision that each agency must make. Mitigation Fee: As a result of numerous comments regarding the proposed development fee CVAG updated the Nexus Study in January 2006. The following mitigation fees are currently proposed: Residential Fees 0-8 units/acre 8.1 — 14 units/acre Over 14 units Commercial and Industrial $1,180 per unit $ 490 per unit $ 216 per unit $5,270 The Draft Plan utilized a $1,975 per acre fee to project revenue. Staff has expressed concern regarding the proposed fee program and its equity regarding residential development. The following example and comparison of a range of one acre developments is provided. One Acre Site Number of Units Fee/Unit Per Acre Equivalent 2 $1,180 $2,360 4 $1,180 $4,720 8 $1,180 $ 9, 440 9 $490 $4,410 14 $490 $6,860 15 $216 $3,240 As shown above, the actual fee, when broken down by project type, is arbitrary and not easily justified. The mitigation fee is intended to mitigate physical take of Coverpd 196 Species, not the impact of the number of units developed. Staff has recommended that CVAG re-evaluate the fee and base it upon a per acre or portion thereof formula for all land use types. As shown above, high end and low density residential development will pay a lower fee than more affordable higher density lands. Additionally, the proposed fee does not address many land use types including golf course developments, hotels, institutional and other land uses. The CVCC will need to refine the fee. During the City/CVAG meeting on April 6, 2006, CVAG indicated the City could impose the fee on a per acre fee basis for all development if it so desired. Staff continues to be concerned that very low density development will not pay its fair share and that higher density development, including affordable housing will pay a disproportionably higher fee. The proposed fee ordinance will be presented to the City Council at a future date, when there is sufficient time in which to provide the requisite public notice for the adoption of new fees. Eagle Mountain: The Plan currently relies on Eagle Mountain tipping fees as a substantial revenue generator. Due to on -going legal concerns, this revenue source is questionable. Virtually all of the alternatives to Eagle Mountain tipping fee revenue will require the imposition of a new tax or fee. CVAG indicates the CVCC will have to address this issue in a 10-15 year time frame since the Plan dos not rely on Eagle Mountain tipping fees in the early years. A major policy decision needs to be made by local agencies to take on this significant funding and management responsibility. J. Restrictions Regarding Trails. The draft Plan included a highly controversial and restrictive trails program. Following the receipt of many comments and criticisms of the Plan's trail provisions, CVAG conferred with state and federal wildlife agencies to prepare revisions to the trails plan element. The Final MSHCP provides for an unlimited number of self -issue permits on some trails in the Santa Rosa and San Jacinto Mountains and a five year research program to determine the impact of recreational trail use on bighorn sheep. The Plan is now supported by all the major hiking, equestrian and trail user groups in the Coachella Valley. Additionally, CVAG added a new trail corridor which would provide a future trail south of Travertine, between roughly Avenue 64 and the Boo Hoff Trail. This trail corridor is consistent with the City's General Plan. In summary, the Trails Plan has been substantially revised and essentially replaced with a future monitoring and trails plan development program. Staff fully supports this revision. t. 197 Implementing Agreement All agencies and jurisdictions that participate in the Plan are required to approve and sign the Implementing Agreement. The purpose of the Implementing Agreement is as follows: 1. Ensure implementation of the Plan for the protection of covered species and habitats. 2. Provide assurance to agencies, jurisdictions and property owners that compliance with the Plan will result in compliance with federal and State endangered species laws and regulations. 3. Provides the framework for approval of the Plan by all agencies and jurisdictions including USFWS and CDFG. City staff and the City Attorney have reviewed the Implementing Agreement and have identified a number of points that may need to be clarified. At the meeting held on April 6, 2006, CVAG and USFWS explained the Implementing Agreement process and practical challenges to making any changes to the Agreement. Most notably it was stated that the USFWS Solicitor and CDFG Counsel are difficult to schedule time with and that it was unlikely that any changes could be accommodated prior to the June 1 St deadline to take action on the Plan. As noted in CVAG's letter dated April 18, 2006, it was agreed that the City Attorney and CVAG's attorney would continue discussions. The City Attorney's concerns are outlined in a separate Attorney -Client Communication. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council making Responsible Agency Findings under the CEQA and approving the Plan and Implementing Agreement; and Adopt a Resolution of the City Council establishing Procedures and Requirements for the Implementation of the Plan; or 2. Provide staff with alternative direction. Respectfully submitted, Doug as .Evans 198 Community Development Director Approved for submission by: /* Thomas P. Genovese, City Manager Attachments: 1 . City's response letter to CVAG dated March 7, 2005 2. City Council minutes of January 17, 2006 3. City letter to CVAG dated March 3, 2006 4. CVAG letter of April 18, 2006 5. CVAG Energy and Environment staff report for January 12, 2006 C- 199 200 RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, MAKING RESPONSIBLE AGENCY FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN/NATURAL COMMUNITY CONSERVATION PLAN, APPROVING THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN/NATURAL COMMUNITY CONSERVATION PLAN AND IMPLEMENTING AGREEMENT, AND ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the Coachella Valley Multiple Species Habitat Conservation Plan (the "MSHCP" or "Project") is a regional, comprehensive, multi -jurisdictional habitat conservation plan focusing on the conservation of both sensitive species and their associated habitats in order to address biological and ecological diversity and conservation needs in the Coachella Valley; sets aside significant areas of undisturbed land for the conservation of sensitive habitat; maintains opportunities for recreation; preserves open space; and maintains a strong and sustainable environment for economic Development in the region; and WHEREAS, the MSHCP establishes a framework for compliance with State and Federal Endangered Species regulations while accommodating future growth in the MSHCP Plan Area, including issuance of "Take" Permits for certain species pursuant to Section 10(a) (1) (B) of the Federal Endangered Species Act ("ESA") and Section 2800, et seq. of the California Fish and Game Code (otherwise known as the "Natural Community Conservation Planning Act" or "NCCP Act of 2001 "); and WHEREAS, the Coachella Valley Association of Governments ("CVAG ") is the lead agency pursuant to the California Environmental Quality Act ("CEQA") (Public Res. Code, § 21000 et seq.) and the State CEQA Guidelines 0 4 CCR § 15000 et seq.); and WHEREAS, a joint Environmental Impact Report/Statement ("EIR/EIS") has been prepared pursuant to CEQA and the National Environmental Policy Act ("NEPA") in order to analyze all potential adverse environmental impacts of the Project; and WHEREAS, CVAG, at a public meeting on February 6, 2006 reviewed the Final EIR/EIS, MSHCP/Natural Communities Conservation Plan ("NCCP"), Implementation Agreement, Mitigation, Monitoring and Reporting Program ("MMRP") and other related documents in the record before it and by Resolution No. 06-002, certified the Final EIR/EIS, selected the Preferred Alternative and approved the MSHCP/NCCP, Implementation Agreement and MMRP; and C201 City Council Resolution No. 2006-_ CVMSHCP — Environmental Findings Adopted: May 16, 2006 WHEREAS, pursuant to State CEQA Guidelines sections 15091, 15096, sub.(h), 15381, and other provisions of CEQA, the City of La Quinta, California ("City") is a responsible agency for the Project and must therefore make certain findings prior to the approval of the MSHCP; and WHEREAS, the City Council of the City, at its regularly scheduled public meeting on May 18, 2006, independently reviewed and considered the Final EIR/EIS and other related documents in the record before it; and WHEREAS, all the procedures of CEQA and the State CEQA Guidelines have been met, and the Final EIR/EIS, prepared in connection with the Project, is sufficiently detailed so that all the potentially significant effects of the Project on the environment and measures necessary to avoid or substantially lessen such effects have been evaluated in accordance with the above -referenced Act and Guidelines; and WHEREAS, as contained herein, the City has endeavored in good faith to set forth the basis for its decision on the Project; and WHEREAS, all of the findings and conclusions made by the City Council pursuant to this Resolution are based upon the oral and written evidence presented to it as a whole and not based solely on the information provided in this Resolution; and WHEREAS, prior to taking action, the City Council has heard, been presented with, reviewed and considered all of the information and data presented to it, including the Draft EIR/EIS, Final EIR/EIS and other documentation relating to the Project, and all oral and written evidence presented to it; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA AS FOLLOWS: A. The Final EIR/EIS prepared for the MSHCP is hereby received by the City Council in the form attached hereto as Exhibit A, and incorporated herein by this reference. B. The City Council hereby finds and determines that the Final EIR/EIS has been completed in compliance with CEQA and the State CEQA Guidelines and, ' as the decision -making body for the City of La Quinta, California the �ity 2 0 City Council Resolution No. 2006-_ CVMSHCP - Environmental Findings Adopted: May 16, 2006 Council has reviewed and considered the information contained in the Final EIR/EIS and related documents before it and all of the environmental effects of the MSHCP. C. The City Council concurs with the environmental findings in CVAG Resolution No. 06-002 and adopts these findings, attached hereto as Exhibit B and incorporated herein by this reference. The City Council also finds that there are no additional feasible mitigation measures or alternatives within its powers that would substantially lessen or avoid any significant effects that the MSHCP would have on the environment. D. The City Council hereby approves the MSHCP and authorizes the Mayor to execute the Implementation Agreement. E. The City Council hereby authorizes and directs that a Notice of Determination shall be filed with the Clerk of the County of Riverside within five (5) working days of approval of the Project. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 18th day of April, 2006, 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 203 City Council Resolution No. 2006-_ CVMSHCP — Environmental Findings Adopted: May 16, 2006 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 204 RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA TO ESTABLISH PROCEDURES AND REQUIREMENTS FOR IMPLEMENTATION OF THE COACHELLA VALLEY MULTIPLE -SPECIES HABITAT CONSERVATION PLAN THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: SECTION I. TITLE: This Resolution shall be known as the "Coachella Valley Multiple Species Habitat Conservation Plan Implementation Policy." SECTION II. FINDINGS AND PURPOSE A. The City Council finds that the ecosystems of the City of La Quinta ("City"), the Coachella Valley and surrounding mountains located in central Riverside County and the vegetation communities and sensitive species they support are fragile, irreplaceable resources that are vital to the general welfare of all residents; these vegetation communities and natural areas contain habitat value which contributes to the region's environmental resources; and special protections for these vegetation communities and natural areas must be established to prevent future endangerment of the plant and animal species that are dependent upon them. This Resolution will protect the City's and the region's biological resources, vegetation communities, and natural areas, and prevent their degradation and loss by guiding development outside of biological resource core areas, and by establishing mitigation standards which will be applied to development projects. Adoption and implementation of this Resolution will enable the City to achieve the conservation goals set forth in the Coachella Valley Multiple Species Habitat Conservation Plan ("MSHCP"), to implement the associated Implementing Agreement executed by the City Council on May 16, 2006, and to preserve the ability of affected property owners to make reasonable use of their land consistent with the requirements of the National Environmental Policy Act ("NEPA"), the California Environmental Quality Act ("CEQA"), the Federal Endangered Species Act ("FESA"), the California Endangered Species Act ("CESA"), the California Natural Community Conservation Planning Act ("NCCP Act"), and other applicable laws. B. The purpose and intent of this Resolution is to maintain and restore biological diversity and the natural ecosystem processes which support this diversity, to protect vegetation communities and natural areas within the City, the Coachella Valley and the surrounding mountains located in central Riverside C �"_' . 205 City Council Resolution No. 2006- CVMSHCP Implementation Procedures Adopted: May 16, 2006 County which support species covered under the MSHCP; to maintain a future of economic development within the City by providing a streamlined regulatory process from which development can proceed in an orderly process; and to protect the existing character of the City and the region through the implementation of a system of reserves which will provide for permanent open space, community edges, and habitat conservation for species covered by the MSHCP. SECTION III. APPLICATION OF REGULATIONS: Except as provided in Section IV, this Resolution shall apply to all land within the City shown on the MSHCP Plan Area Map, attached as Exhibit "1 " hereto. Upon application to the City for a development project, an applicant shall be required to comply with the procedures set forth in this Resolution. Upon the City's initiation of a project that is subject to CEQA, the City shall be required to comply with the procedures set forth in this Resolution. No project requiring a discretionary, or certain ministerial permits or approvals that could have adverse impacts to species covered under the MSHCP shall be approved by the City, and no City -initiated public project shall be undertaken, unless the project is consistent with the MSHCP and this Resolution. SECTION IV. EXEMPTIONS: This Resolution shall not apply to the following: A. The adoption or amendment of the City's General Plan. B. The adoption or amendment of any land use or zoning ordinance. C. Any project for which and to the extent that a vesting tentative map pursuant to the Subdivision Map Act, or a development agreement pursuant to Government Code sections 65864 et seq., approved or executed prior to adoption of this Resolution, confers vested rights under the City's ordinances or state law to proceed with the project notwithstanding the enactment of this Resolution. Projects subject to this exemption must comply with all provisions of any applicable State and federal law. D. Any project for which the City Council determines that application of this Resolution would result in the property owner being deprived of all reasonable economic use of the property in violation of federal or State constitutional prohibitions against the taking of property without just compensation. 206 City Council Resolution No. 2006- CVMSHCP Implementation Procedures Adopted: May 16, 2006 SECTION V. PROCEDURES A. The City shall ensure compliance with Conservation Area requirements and measures as set forth in Section 4 of the MSHCP. B. The City shall, impose as a condition to the City's approval of a Discretionary Project and certain ministerial Projects, such conditions as are necessary to ensure biological surveys are prepared for the project as required by Sections 4.3 and 4.4 of the MSHCP. C. The City shall ensure that public and private projects comply with the Avoidance, Minimization and Mitigation Measures set forth in Section 4.4 of the MSHCP. D. The City, at its discretion, may impose as a condition to the City's approval of a project such conditions as necessary to ensure the project complies with and implements the applicable Land Use Adjacency Guidelines set forth in Section 4.5 of the MSHCP. This element of discretion has been discussed with CVAG, USFWS, CDFG during meetings with the City. E. The City shall transmit any collected Local Development Mitigation Fees, other appropriate fees and associated interest as described in Section 5.2.1.1 of the MSHCP to the CVCC at least quarterly. F. The City shall contribute appropriate mitigation for City public projects as set forth in Sections 13.2, Item C. This Section requires the City toprovide replacement habitat or pay the required per acre MSHCP mitigation fee prior to impacts to Cvered Species and these Habitats in the the MSHCP. G. The City shall participate as a member agency in the CVCC as set forth in Section 6.1.1 of the MSHCP. H. The City shall participate as a member of the RMOC as set forth in Section 6.1.3 of the MSHCP, as appropriate. I. The City shall participate in the Joint Review Process as set forth in Section 6.6.1.1 of the MSHCP for projects located in Conservation Areas. J. The City shall manage MSHCP Reserve System lands and conservation easements owned or leased by the City pursuant to Section 8 and 9 of the MSHCP providing funding is provided by the CVCC. The MSHCP states that 207 City Council Resolution No. 2006- CVMSHCP Implementation Procedures Adopted: May 16, 2006 the CVCC will manage lands, including all costs, within the MSHCP Reserve System pursuant to Section 5.1.4 and 5.1 .6 of the MSHCP K. The City shall maintain a record of total acres developed and their location within City jurisdiction and transmit such information monthly to the CVCC. L. The City shall transmit any changes in City boundaries or general plan land use designations to the CVCC at the end of each calendar year. M. Pursuant to the MSHCP, the City may transfer any property interest acquired or obtained in fee title or as a conservation easement to the CVCC for management. The City may also grant a conservation easement to the California Department of Fish and Game for any property interest obtained pursuant to Section V of this Resolution. N. Carry out all other applicable requirements of the MSHCP. SECTIONS VI. DEFINITIONS: For purposes of this Resolution, the following terms shall have the meaning set forth herein: A. "Area Plan" means a community planning area defined in the County of Riverside General Plan. Four County of Riverside Area Plans are located within the MSHCP Plan Area. B. "Conservation Areas" means a system of lands described in Section 4.3 of the MSHCP that provide Core Habitat and Other Conserved Habitat for the Covered Species, conserve natural communities, conserve Essential Ecological Processes, and secure Biological Corridors and Linkages between major habitat areas. There are 21 Conservation Areas from which the MSHCP Reserve System will be assembled. C. "MSHCP" means the Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan. D. "Map of MSHCP" means the map of the area encompassed by the MSHCP as set forth in the attached Exhibit " 1." E. "Discretionary Project" means a proposed project requiring discretionary action by a Permittee, as that term is used in CEQA and defined in State CEQA Guidelines section 15357. C. 208 City Council Resolution No. 2006- CVMSHCP Implementation Procedures Adopted: May 16, 2006 SECTION VII. EFFECTIVE DATE: The Mayor shall sign this Resolution and the City Clerk shall attest thereto, and thereupon and thereafter this Resolution shall take effect and be in force according to law. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 16th day of May, 2006, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, MMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California C. 209 210 P.O. Box 1,504 1 LA QUINT A, CAI. 1FORN1A 9224 7-1504 78-495 CALLE TAMI'ICO 1 LA QUINTA, CAi.IFORNJA 9225A March 7, 2005 ATTACHMENT 1 (760Y 777-7000 FAX (760) 777-7101 N Mr. John Wohlmuth, Executive Director Coachella Valley Association of Governments 73-710 Fred Waring .Drive, #200 Palm Desert, CA 92201 Mr. James Bartel U.S. Fish and Wildlife" Service Department of the Interior. 6010 Hidden Valley Road Carlsbad, CA 92009 RE: COACHELLA VALLEY MULTI -SPECIES HABITAT CONSERVATION PLAN AND NATURAL COMMUNITIES CONSERVATION PLAN, DRAFT EIR/EIS, AND IMPLEMENTING AGREEMENT Dear Mr. Wohlmuth and Mr. Bartel: The City of La Quinta appreciates all of the work that has gone into preparing the Coachella Valley Multi -Species Habitat Conservation Plan (Plan), Oraft Environmental Impact Report and Environmental Impact Statement (Draft EIR/EIS), and Implementing Agreement {IA). The subject documents and process that has been undertaken have taken considerable time and effort by a number of entities and individuals. The. Plan is intended to be a 75 year document that when approved must meet the needs of CVAG member agencies and we must ensure that all issues are fully addressed prior to approval. To this end, the City requests that CVAG coordinate a meeting with all participating agencies to create a process to resolve issues which have been raised during the public review process. In. doing so, each agency would become aware .of each entities concerns, public comment, and what the affects are on the Plan. The City Council has directed City staff to prepare written comments on the Plan and related documents. The'City's comments focus on direct and indirect effects on the City and will likely have ramifications for other agencies. The City's specific comments are as follows: C. W 211 G:\WPDOCS\MSHCP\Response LetterK.00C Mr. John Wohlmuch, CVAG Mr. James Bartel, USF&WS CVMSHCP March 7, 2005 1. Section 4.3.21. Santa Rosa and San Jacinto Mountains Conservation. Area* and Peninsular Bighorn Sheep (PBS) and Species Accounts/Conservation Measures. The Plan was developed in consultation with the Scientific Advisory Committee (SAC) using the best available science for a species with the exception of the Peninsular Bighorn Sheep. The PBS Conservation. Program was primarily based upon the Recovery Plan for. Bighorn Sheep in the Peninsular Range, California (Recovery Plan). Over the years, City staff. and others have raised significant questions and objections to using this document almost exclusively as City the basis for the Plan. restaff 1 recommended at Project Advisory Group (PAG) meetings that CVAG cate a separate SAC or add experts in PBS. to the existing SAC to advise the Plan preparers on PBS conservation strategies. CVAG utilized FWS, CDFG and other agency staff for guidance for the PBS conservation strategies and made a decision to not retain independent scientific advisors. Additionally, it appears that CVAG did not utilize comments from John Wehaussen, a noted PBS expert, in developing the Plan and Draft EIR/EIS. The City requests copies of all correspondence between CVAG and its agents, and John Wehaussen. The Mountain Conservation Area affects all of the mountainousland, alluvial fan areas and some Valley floor areas. Specific areas within La Quints affected by this Mountain Conservation Area are Travertine Specific Plan, Green property, Section 5, and trails within the City. By not creating a PBS SAC, the City is concerned that the balance between environmental protection and economic development objectives, have been weighted heavily to environmental protection and that best available scientific information was not utilized to prepare the Plan and Draft EIR/EIS. The City requests that CVAG retain independent scientific experts to evaluate the Mountains Conservation Area, to assist CVAG in preparing the Final Plan, EIR/EIS. and I.A. The Plan and Draft EIR/EIS have significant weaknesses since the best available science and the use of a SAC were not utilized in preparing the subject documents. - This has resulted in this Mountain Conservation Area having numerous unresolved issues which has caused a heavy reliance upon the HANS process. Heavy reliance on the HANS process has effectively deferred evaluation and decision making regarding large tracts of land until after Plan approval. The Plan and . its full environmental and economic impacts have not been fully .evaluated in the Draft EIR/EIS. ( .212 G:\W�OOCSNMSHCP\Response LetTerK.00C L Mr. John Wohlmuch, CVAG Mr. James Bartel, USF&WS CVMSHCP . March 7, 2005 The City is concerned that the Plap does not have specific provisions regarding the recovery of a listed species.. If a species, such as PBS, recover r' how will the Plan be modified to deal with this type of situation? For instance, PBS recruitment has been very strong over the past eight years and is nearing thresholds of recovery. If PBS meet the thresholds of recovery prior to acquisition of all lands within a Recovery Unit, will the Plan be amended or' modified to reflect recovery? Will conservation measures be modified? The City wants to be assured, in the Plan and I.A., that the stated conservation goals are the guiding principal in the Plan and that the Plan does not become a de facto open space land acquisition program. 2. Page 4-173, Item #2. This section requires the' City to conserve at least. 2,584 acres of Essential Habitat for. PBS and allows Authorized Disturbance of 96 acres. This Section of the ,Plan and Table 4-111d are vague and should have a better description of how 2,584 acres of conservation and how 96 acres, of Take were calculated and how they are justified. The City has consistently requested that adequate Take Authorization be provided for Travertine, Green property and Section 5 -or that these areas be removed from the proposed Mountains Conservation Area. The City believes, that the requirement to conserve 2,584 acres is unreasonable and not supported by any science, let alone' best available science. The amount of land conserved arguably exceeds the amount of conservation land that could be justified and greatly exceeds the amount -of land that would be conserved in the absence of the Plan if private property were subject to FESA and CESA. 3. Table 4-1 1 1 d footnote #1 and the related Plan text needs to be revised to specifically clarify the following concerns per discussions with CVAG staff: A. That Authorized Disturbance acreage figures do not include any identified habitat located outside of Conservation Areas and there is .unlimited Authorized Disturbance for all lands located outside of Conservation Areas. As such, Authorized Disturbance outside of Conservation Areas is not included in this Table and will not be counted for purposes of monitoring Authorized Disturbance in this or any other Conservation Area. C 213 :\wpDoCS\MSHCP\Response LetterK.DOC Mr. John Wohimuch, CVAG Mr. James Bartel, USF&WS CVMSHCP March 7, 2005 B. That Authorized Disturbance 9creage for lands subject to Special Provisions is not included in Table 4-111 d (or any other. such Table in the Plan). Authorized Disturbance pursuant to Special Provisions is a Covered Activit ` and will not be included in this or any other similar y Table in the Plan. C, CVAG needs Jo clarify if Authorized Disturbance approved •as a result of the HANS process is included in Table 4-111 d and all other similar Tables. Since the HANS process will result in a negotiation to determine what properties are developable and what properties need to be acquired, the amount of Authorized' Disturbance cannot ::be accurately predicted at this time, or evaluated by anyone evaluating the Plan. Based upon this, Authorized Disturbance for all properties subject to the HANS process is unknown and cannot be "locked -in' at this time. The City recommends that the HANS process be amended and that footnotes be added to Table 4-1 11 d and all similar tables as follows: "Any Authorized Disturbance approval as a result of the HANS process shall be automatically added to Table 4-111 d or that such Authorized Disturbance shall not be counted against the, Authorized Disturbance shown in Table 4-11 1 d." Table 4-1 11 d and its footnotes are confusing and after discussion with CVAG on January 24, 2005, there seemed to be agreement that the Table and corresponding text need to be revised. 4. Page 4-177, First Paragraph. This paragraph makes a reference to improved management prescriptions to be adopted by the relevant agencies. Are the "improved management prescriptions" included in the Plan? If so, the page number should be referenced. If not, either a new section to the Plan needs to be added to the Plan or this statement should be deleted from the Plan. 5. Page 4-178. The City is concerned about the requirement on Item 1.C. which states: "Development shall be sited a minimum of a quarter mile from -known water sources as identified on a reference map on file with the CVCC." i 214 C:\WPDOCS\MSKP\Response LetterK.DOC 4 Mr. John Wohlmuch, CVAG Mr. James Bartel, USF&WS CVMSHCP March 7, 2005 The Peninsular Bighorn Sheep Water Resources Map referenced throughout the Plan was not included in . the Plan and Draft EIR/EIS and not made available for public review. In order to assess the impacts of this restriction, the referenced map must be included in the Plan and Draft EIR/EIS and must be subject to public review, evaluation, and comment. The City obtained a copy of this -map from CVAG (Peninsular Bighorn Sheep Water Resources), and was informed at a January 241h meeting with CVAG staff that the map is incomplete and that there may Olbe additional water resources that are not shown on the map. CVAG staff further indicated that this map may -be amended prior to and even after Plan approval. This creates a significant concern in that it becomes impossible to evaluate the effect of the quarter -mile buffer if the points from which the measurements are taken are unknown. The City strongly recommends that CVAG prepare a complete and comprehensive map to include in the Plan. If after adoption of the Plan, the PBS Water. Resources Map needs to be amended, any changes should be accomplished through either- a Minor Amendment or Major Amendment depending upon the significance of the changes. Additionally, the "Quarter Mile" setback restriction is vague, broad, and needs to be refined. In addition to the concerns above, the following needs to be added, "Except where topographic features obscure the view of the water source from proposed development or trails." The City is concerned that a blanket' statement does not reflect biological facts relative to PBS, human activity, development, trail use, and use of a watering site. - PBS routinely use water sources which are adjacent to existing development (within '/a mile) and hiking trails and development. may not have any effect upon PBS use of water sources. - The Blixseth property in Rancho Mirage is a good example. 6. Page 4-178, Item 13. "Habitat shall not preclude Habitat connectivity or movement." This recommendation is vague and overly broad.. As written, it is either unenforceable or will lead to arbitrary determinations during review of development projects. On Page 4-172 in the "Biological Corridor" Section, it clearly states that there are no specific areas delineated as Biological Corridors. PBS science has not identified any corridors and based upon this PBS move freely through its range.. ::.. 21.5 C:\WPD0CS\MSHCP\Response LetterK.AOC 5 Mr. John Wohlmuch, CVAG Mr. James Bartel, USF&WS CVMSHCP March 7, 2005 The City requests that CVAG, CDFGj and FWS verify -in writing that- there are no known corridors,, known connectivity or movement areas or similar issues within the City of La Quinta. If there are any such areas they need to be disclosed in the Plan, fully documented with best available science and fully analyzed in the Draft EIR/EIS. 7. Page 4-1806) Wo Travertine. As proposed the Travertine Specific Plan is a Covered Activity (Take Authorized) with Special Provisions as follows: • A. Take Authorization is for the property outside of the Conservation Area (northwest 2/3's of the property). 1 B. The remaining property cannot be developed. This would: require an amendment to the Specific Plan -and the loss of approximately 150 acres of development area or approximately 300 units. Additionally, the golf courses would need to be scaled back to 27 holes and relocated. C. Provide a $2,000,000 loan for PBS habitat acquisition. D. Provide $ 500,000 for PBS monitoring and research to be paid. over time. The City recommends three additional Special Provisions be added to this portion of the Plan. The first is that the entire site, areas inside and outside of the Conservation Areas, shall not be required, to pay any additional fees beyond those listed in Items C and D above. The second deals with adding a trail corridor to the Trail Plan to accommodate the General_ Plan Trail located on the south side of the project area,. This Trail Corridor would allow for new trails to be constructed on the south side of the project as shown in Exhibit "A" attached. The third request is to clearly state that the extension' of Jefferson Street. and Avenue 62 to serve Travertine and Section 5 are Covered Activities and that there are no . additional restrictions or requirements in the Plan or Draft EIR/EIS. 8, Section 5. The City is concerned that the Plan overly restricts the future -use of property within Section 5, T7S, R7E; S.B.B.M. This ,area is currently subdivided into lots ranging in size from five to 80 acres. -Currently, this property is designated "HANS Process". The City requests that this area be re -designated . as a Special Provision area with the following Special Provisions: 216 GAWPDOCS\MSHCP\Response LetterK.DOC Mr. John Wohlmuch, CVAG Mr. James Bartel, USF&WS CVMSHCP March 7, 2005 X That each parcel be allowed to be developed with one single-family estate without imposition of the .HANS process. The City, CVAG, FWS, CD.FG, and property owners need to meet to discuss any additional Special Provisions applicable, to single-family estates. B. This area may develop up to two dwelling units per acre provided density is clustered under an overall development - plan such - as a Specific Plan. The City, CVAG, FWS, CDFG and property owners. need to meet and discuss any additional Special Provisions for this area. 9. Green property. The City and property owner have evaluated this area and believe that Area boundaries need to be modified to follow more current topographic maps. Mr. Tom Cullinan submitted a letter dated March 3, 2005 regarding this minor clarification. The City looks forward to meeting with CVAG to make this minor adjustment to the Mountain Conservation Area boundary. 10. Page 4-181, Item ##3. Areas where the HANS process will 'be used to meet Conservation Objectives. The HANS process is described starting on Page 6- 22 of the Plan. This Section describes an acquisition' program which the City would have to employ to evaluate private property, its suitability for development, and determine whether it can be developed or partially developed. The Plan also includes a process to determine land value and to resolve disputes. The HANS process is complex, lengthy, and defers substantial decisions regarding the Plan's impact on private property to future decision -making. The City is very concerned about this process and how it affects private property rights, State Permit Streamlining Act, and exposure to takings claims. During the preparation of the Plan, staff has expressed concerns about where the HANS .process may be conditionally acceptable. The CVMSHCP currently states the following regarding the use of the HANS process: "In areas where the HANS process will be used to meet the Conservation Objectives, at least 90% of the private land as of June 2003, within the relevant Recovery Unit and jurisdiction' must be conserved. In evaluating whether a portion of a property subject to the HANS process may ' be developed, the Local Permittee and the Wildlife Agencies will consider whether the Development would significantly adversely impact the Conservation of the Peninsular Bighorn Sheep. June 2003 date was used because that is the most recent date for which data is available'." C 217 GAWPDOCIS MSHCP\f.esponse LetterK.DOC 7 Mr. John Wohlmuch, CVAG Mr. James Bartel, USF&WS CVMSHCP " March 7, 2005 1 The wording in this provision is vague ,and /must be revised. CVAG needs to add a table to the Plan which clearly breaks down private land within .each Recovery Unit by jurisdiction. Limiting development within a recovery unit and jurisdiction to 10% is arbitrary since there may be cases when more than 10% take within a Recovery unit or jurisdiction may be biologically. ' justified. Without this additional information, :this provision cannot be fullly evaluated. ')t is impossible to evaluate how the HANS process will be interpreted in the future. 11.. CVAG must amend the Plan and HANS process to address how the Joint Project Review Process, HANS Process and the State Permit Streamlining Act can work in concert. As currently, written this process could take up to 4 to 5 years to complete and if funds are not available to purchase land it could take even .longer. CVAG needs, to revise this process so the following scenario cannot happen: A. HANS and Joint Project Review Process take up to one year. B. If funds are, not available up to four (4) years are allowed to secure funding- C. If funds are not available the Plan must be amended. to take the project out of the Plan. D. State and Federal permits may still be required so the property owner needs to start negotiations with FWS and CDFG. E. Revised CEQA/NEPA document may be required since the project no longer is covered by the Plan. F. The project may be subject to third party litigation by a private environmental group. G. The City may be subject to takings claims due to the length of time to process a development application through the Joint Project Review Process, HANS process, -and City approval process. The City has additional concerns about this process. First, how will it apply to developers who are unwilling sellers? Is eminent domain to be used in any circumstances? If so, what agency would be exercising that power? C- 2 18 GAWPDOCS\MSHCP\Response tetterK.DOC Mr. John Wohlmuch, CVAG Mr. James Bartel, USF&WS CVMSHCP March 7, 2005 12. Page 4-184 (Table 4-111 d). The Plan allows for 96 acres of. Authorized Disturbance of PBS habitat within the City. The exact location of the 96 acres is not specified. As noted, any Authorized Take. for any habitat located outside of the Mountain Conservation Area is not shown in this Table 4-1 1 1 d. The City interprets this to mean that 96 acres within this Mountain Conservation Area can be fully developed, provided .other .provisions of the Plan are complied with. The City requests that CVAG verify this assumption in writing. 13. 1, Page 4-187. 'In reviewing this Section of the Plan and Draft EIROS, it appears that there are no identified biological corridors within the City of La Quinta. The City requests that CVAG, CDFG, and FWS verify in the Response to Comments that there are no known .identified biological corridors within the City of La Quinta. If any biological corridor exists, they ,must be added to the Plan and Draft EIR/EIS. 14. Page 4-194- 195. An area of concern for the City is the seasonal limitations on all Covered Activities. In La Quinta, the most important aspect of the Plan relates to the Peninsular Bighorn Sheep's lambing season. In Section 4.4, Pages 4-194 - 4-195, the Plan .imposes severe restrictions on construction, maintenance and other activities from January 1 to June 30, sheep lambing season. Such activities are prohibited unless authorized through a Minor Amendment to the Plan with approval of FWS and CDFG. The PBS habitat covers 332 square miles and the number of potential development projects within or adjacent to, PBS habitat is very limited. Data regarding PBS activity levels in areas of La Quinta adjacent to or within conservation areas indicates construction activity will have little or no significant effects on PBS. This restriction could extend the construction period for a golf course or other development by a year or more. Extending construction periods is counter productive since it will cause a longer period where construction activities occur causing a greater impact on this species. This measure is not supported by any biological analysis describing the location or distribution of PBS, impacts from short-term construction impacts and other considerations. The Plan should encourage that Covered -Activities be completed in the shortest time frame possible to minimize the effects on PBS and other covered species. C. , . 219 G:\WPDOCSiMSHCPIfiesponse LetterK.DOC C.9 Mr. John Wohlmuch, CVAG Mr. James Bartel, USF&WS CVMSHCP March 7, 2005 The City opposes blanket seasonal restriction regarding construction activities and PBS lambing season. It is unrealistic to expect construction to stop between January 1 and June 30. If CVAG does not remove this restriction, the Plan and Draft EIR/EIS. need to.. be revised to address the feasibility, both. technical and financial, on imposing a restriction which would require the stopping of maintenance and construction activities. The cost of such work stoppage is significant and .makes this recommendation technically and economically infeasible. This conservation measure alone may make it economically infeasible to construct and maintain public infrastructure (flood control and water facilities) and private development projects. .0 15. Page 4-195-200.00 This section of the Plan includes a list of Prohibited Invasive Ornamental Plants. Two forms of rye grass are listed as prohibited within or adjacent to Conservation Area. City staff has contacted golf course landscape firms to ascertain whether this restriction would cause a problem with golf courses within or adjacent to Conservation Areas. Perennial Rye grass (Lollium perenne) is utilized by virtually all golf courses in the Coachella Valley. Its prohibition would severely impact operation of existing and proposed golf courses. CVAG should contract. with a qualified golf course and landscape expert to evaluate the Table and determine if all of the plants listed are actually invasive in a dry desert climate. Perennial Rye grass must be removed from Table 4-1 13 as a prohibited plant (Pages 4-195 — 4-200) or CVAG must conduct a detailed evaluation of the impact, including the economic impact of prohibiting Perennial Rye grass. 16. Page 6-5. At least one additional Local Permittee representative needs to be added to the Reserve Management Oversight Committee so there is a better balance between environmental and economic needs. 170 Plan Funding and Rough Step and Rough Proportionality Analysis (Pages 54 and 6-12). As currently written, a development. fee of $1,975 per acre is proposed as local governments sole funding requirement. The Plan and I.A. state that other City and County funding sources are not at risk to fund the Plan. The land value data* included in the Plan is based upon 2003 data and., the Plan assumes an annual land value increase of 3%. The City is very concerned that the data contained in the Plan does not reflect current fair market land value. If this is the case the funding mechanism for the Plan has G:\WPDOCS\MSHCP\Response LetterKMOC 10 `' 220 Mr. ,John Wohimuch, CVAG Mr. James Bartel, USF&WS CVMSHCP March 7, 2005 a significant flaw. Land values in La ,Quints and other areas have increased at a substantially higher rate. than 3% since 2003. CVAG needs to re- evaluate the 2003 market study and assure its member agencies that the Plan will be adequately funded through its life. The Plan. (Pages 6-12-6-14) addresses the concept of Rough Step Rough Proportionality. This concept requires a review every five years to ensure adequate balance between land acquired for conservation and lands developed. The City is very concerned that achieving rough proportionality can be influenced by a number of factors which may have not been fully evaluated in the Plan and Draft EIR/EIS and are outside of the control of CVAG membei agencies. A critical component to maintain rough proportionality will be consistent funding. As currently written the State and Federal governments funding commitment is not assured. This could result in a substantial lag in acquisition funding and could result in a failure in maintaining rough proportionality. Local developer fees and other funding sources may not be. adequate to maintain rough proportionality. If this is the case, local agencies will be prohibited from approving development 'projects which would otherwise be allowed. In such instance cities and the County may be required to utilize other funding sources to acquire sufficient land, delay project approvals, or face a regulatory taking claim. A second key issue which could affect maintaining rough proportionality is how the CVCC decides to acquire lands. If not carefully managed any - number of Conservation Areas could be thrown out of balance due to a number of factors including land costs (see previous comments regarding market value), lack of willing sellers, or acquisition decisions to avoid purchases within certain Conservation Areas. If a Conservation Area does not maintain rough proportionality, and a city is precluded from approving a development project, the City may be forced to utilize other funding sources to avoid taking claims by private property owners. The City is concerned that the Plan may not be adequately funded and that the City may be forced to contribute funds not currently addressed -in the Plan to avoid legal challenges. - 2 2I G:\WPDOCs\MSHCP\Response LetterK.DOC 11 Mr. Jdhn Wohlmuch, CVAG Mr. James Bartel, USF&WS CVMSHCP March 712005 18. Pag-e 7-53. Recommendations on the Trails Plan are as follows: A. The Plan and Draft EIR/EIS Sections dealing with trails, trail restrictions, seasonal closures and trail closures must be evaluated pursuant to the Federal Data Quality Act. Staff and many others. believe the selective use of data regarding direct and indirect impacts of the use of trails (hiking and equestrian) has led to the creation of an overly restricted trails management plan which cannot be supported' by scientific review and evaluation. The Coachella Valley Hiking Club's Critique and Recommend Report, dated January 12, 2005, provides excellent examples of the data quality flaws in the Plan and Draft EIR/EIS. B. The Draft EIR/EIS does not fully evaluate the cultural and historic merits of existing trails and the Plan's proposed restrictions. Many of the existing trails network meet criteria to qualify as a National Register of Historic Places. The National Register of Historic ,Places provides that a site, which includes trails, that is in the location of a significant event or activity, where the location itself possesses historic, cultural or archeological value may, be considered qualified for listing in the National Register of Historic Places. The site or district can possess those values regardless, of the value of any existing structure. These sites and districts usually must have achieved significance over 50 years ago, but sites and districts can be included if they are under 50 years old if they are of "exceptional" significance within the local historic context. The Desert Riders established in 1930, have documented this issue in their response to the Plan. C. The Plan and Draft EIR/EIS did not use the best available and, most importantly, most current available science in evaluating the Trails Plan: Peninsular Bighorn Sheep have increase in numbers over the past eight years and are nearing thresholds of recovery. in the Recovery Plan. This simple but critical fact is not in the Plan or Draft EIR/EIS. D. The Plan and Draft EIR/EIS did not consider, evaluate and properly disclose the varied opinions on the actual effect of trail use on Peninsular Bighorn Sheep. Key scientific. research reports were not, used in the crafting of the Plan and Draft EIR/EIS. Publications by Wehaussen, 1997 and 2000, Hicks and Elder 1979, Purely and Shaw, �. 222 G:\WPDOCS\MSHCP\Respon" LetterK.DOC 12 a Mr. John Wohlmuch, CVAG Mr. James Bartel, USF&WS CVMSHCP March 7, 2005 1981 and Hamilton 1982 provide no support for the proposed Trails _ Plan. The � Plan and Draft EIR/EIS did not provide adequate r' documentation to support the proposed trail restrictions and closures. E, The Plan and,, Draft EIR/EIS do not provide any analysis regarding the recreational impacts resulting from the reduction of recreation opportunities. M - M F. The proposed trail system is not supported by best available scientific information or even best available information and is unenforceable and will not be supported by trail users. G, The allowable period for construction of perimeter trails needs to be expanded to allow longer construction periods to reduce the need for multiple -year construction periods. Most perimeter trails are located on the fringes of PBS habitat and areas that are infrequently occupied by PBS. Limiting construction periods may make construction of perimiter trails economically infeasible. H. There are no references or figures which address which trails are designated for equestrian use in the CVMSHCP (see Page 7-70, # 15) . This document must be added to the CVMSHCP or this recommendation needs to be deleted. The City does not support restrictions on equestrian use since equestrians will. have the least impact on Peninsular Bighorn Sheep (number of users and sheep response to hoofed animals). Additionally, staff does not support restrictions after heavy rainfall. The Desert Riders have maintained trails for many years and equestrians do not have a significant impact upon trails. 1, In 2005-2007, gather data on trail use on as many trails as possible. Install where feasible at trailheads a research- oriented permit system — a voluntary written trail permit which is self -issued at the trailhead and deposited in a locked box. This is a common trail monitoring and safety permit technique. - J, Enforce the removal and decommission of trails only when clear need is established based upon a detailed study abased upon best available science. �. 223. G:\WFDOCS\MSHCP\Response LetterK.DOC 1 Mr. Jokn Wohlmuch, CVAG Mr. James Bartel, USF&WS CVMSHCP March 7, 2005 K. Make the Trails Plan consistent with the overall ' Conservation Plan by adopting an eco-systems approach to bighorn sheep and their habitat. Create educational programs. to discourage cross-country travel and dogs on selected trails with emphasis on the benefit of on -trail use. L. Build the proposed system of perimeter trails. to supplement, not substitute for, the existing trails system. These new- trails, will serve as buffer between urban interface and bighorn habitat and provide lower elevation, moderate exercise opportunities. Inventory current parking and projected future parking for all access point to perimeter trails. 19. The City has reviewed the Draft I.A. and has the following concerns: A. Page 9, in Section 2.80. It is our understanding ,that despite the court challenge to these types of "no surprises" assurances, the USFWS can now abide by this provision. The City would. like assurance of this point. B, Page 16, Section 5. The, City suggests that the entire Plan not be. made part of the contract. C. Page 18, in Section 7.5. It is not appropriate for the City to enter into an agreement that all development in Conservation Areas will be limited to use's that are compatible with the Conservation Objections. There may be situations in which the HANS process is not successful, and even minimal development will not be compatible. with the Conservation Objectives. However, the City may not be able to legally deny all rights of development. This needs to be changed to allow some level of development. D. Page 21, in Section 11.1.1. The Agreement purports to * compel the City to take certain future legislative actions. It is inappropriate for cities to precommit to taking such actions. Instead, these items should be conditions precedent to the City being bound by the Agreement. The City has concerns with the proposed procedures and requirements for implementation summarized on pages 21-22 and set forth in Exhibit "E". These procedures place the City in a position where it rG224 :\WPDOCS\MSHCP\Response LetterK.DOC 1 ,4, t_ 1 i 1s Mr. Jbhn Wohlmuch, CVAG Mr. James Bartel, USF&WS CVMSHCP March 7, 2005 may not be able to approve any development on private properties located within Conservation Areas.. E. Page 27, in Section 11.3.4. The language regarding condemnation is f confusing. It is unclear what is intended. In addition, the City would 1 like to see additional language inserted. in the Agreement (and in the Plan) clarifying that in no event is the City required to acquire property through the eminent domain process for conservation. 1 F. Pages 30-32. The City would like clarification as to the source of funding. The City would specifically request an express provision that to the extent funding through the fees is inadequate to cover the cost of implementation, that local funding sources (e.g., General Fund monies) are not being committed to fund the implementation of the Plan. The sentence on Page 34 (Section 13.2.1.) does not go far enough in providing this assurance. Given that Sections 12..1.2 and 12.1.3 (and numerous other sections) appear to impose financial obligations on the City, the City needs to have this assurance in order to avoid a situation in which the City's General Funds would be at risk. Further, the City would like assurances that to the extent that funding for implementation is not available, that the City's obligations will be limited- accordingly. What is the consequence of unfunded obligations? G. Pages 33-34. There are numerous obligations imposed on the- City which are of concern. The City is prohibited by I.aw from contractually limiting its legislative powers. This limitation seems to be inconsistent with Section 13.2.A. H. Page 70. The "Defense" provision is inadequate. - What is "appropriate support"? Is it a defense and indemnification? The. language also appears to be limited to the adoption of the Plan and the Agreement: The larger concern is the implementation of these items. I, Page 79, in Section 27.10. The USFWS is given, some assurance that it will not be saddled with an unfunded mandate. The City would like a similar assurance. C . 225 G:\WPDOCS\MSHCP\Response LetterK.DOC 1 v Mr. Jdhn Wohlmuch, CVAG Mr. James Bartel, USF&WS CVMSHCP March 7, 2005 The City 'suggests that CVAG prepare a list of all the oral and written comments in advanpe of meeting with - all participating agencies. In addition, CVAG should prepare diagrams for each Conservation Area showing the areas where there are specific concerns. Both of these tasks will be important for a complete understanding of the extent of public and CVAG member agency comments. The comments contained in this letter are a good starting point for future discussions regarding the Plan. The City looks forward to working with CVAG, CDFG and FWS to ensure that the Plan and EIR/EIS provide a balanced program for habitai preservation and community development purposes. Sincerely, DOUGLAS R. EVANS Community Development Director DE:bjs c: Mayor and City Council City Manager City Attorney CVAG Member Agencies G:\WPDOCS\MSHCP\Response LetterK.DOC 16 1 226 Q m c � ci mr x d o W o OA ol W* �I L' i 1� I , ( r 1 227 ATTACHMENT 2 City Council Minutes 6 January 17, 2006 MOTION It 'was moved by Council Members Sn' enderson that Council Member Osborne prepare his proposals in wri ' to be presented to the Investment Advisory Board and the inance Director for any recommendations and if appropriate, thos a returned to the City Council for consideration. Motion carried unani usly with Council Member Perkins ABSENT. MOTION - It was moved by Cou it Members Sniff/Henderson that the City Council receive and file the Tre surer's Report. Motion carried unanimously with Council Member Perkins BSENT. STUDY SESSION 1. DISCUSSION REGARDING THE COACHELLA VALLEY MULTI -SPECIES, HABITAT CONSERVATION PLAN. Community Development Director Doug Evans presented the staff report and introduced a representative from the Coachella Valley Association of Governments (CVAG), Jim Sullivan and Katie Barrows and Bill Haebert representing the Coachella Valley Mountain Conservancy, in attendance to assist with any questions. Director Evans advised the Council that staff is recommending the City not enter into the Multi -Species Habitat Conservation Plan ("Plan") until after the 30-day statute of Limitations period has expired on any litigation that may be filed during that period. He stated this is a 75-year plan that is very complex and covers an approximate area of 1.2 million acres. The "Plan" will allow "take" of a number of identified species and provide for mitigation for "taking" by providing for conservation of covered species. Jim Sullivan showed a lengthy power -point presentation outlining the areas within the corporate boundaries of La Quinta that would be affected by the plan. The GIS maps showed the toe of the slope property, the alluvial fans, the Travertine area, Section 5, and the Green properties..:: The maps called out the areas included in the Plan and the areas subject to the Habitat Evaluation and Acquisition Negotiation Strategy (HANS) process. At *the request of Director Evans he pointed out the section of Travertine which the developers have agreed to conserve. He also pointed out the area of the Green/Ministrelli property that would not be subject to the HANS process that had earlier showed up as being included. City Council. Minutes 7 January 17, 2006 Council Member Osborne questioned the acronyms used such as FWS and CDFG. Director Evans replied they stand for Fish and Wildlife Service and California Department of Fish and Game. Council Member Henderson asked where the HANS process came from; has it been used before; and is it necessary to have such a process to get buy -in from the other agencies such as Fish and Game and the Bureau of Land Management. Director Evans responded that it has been used before but he is not aware of what other areas have used such a process. Bill Haebert of the Coachella Valley Mountain Conservancy' Agency responded the HANS process was part of the Western Riverside County MSHCP and that plan has been in existence for just over a year. He said ' they indicate the timeline, to go through that process, is about 45 days. He pointed out the HANS process. in the Coachella Valley Plan is only used in areas of Peninsular Bighorn Sheep habitat. He said in most conservation areas take allocation either meets the conservation objectives or it doesn't, but in the Coachella Valley Plan there was significant concern with regard to the Bighorn Sheep because they are so' wide-ranging. He explained it .could lead to problems for -the species such as fragmentation, cutting of corridors and so forth. Since the HANS. process had already been created and was in use it was an available model to use under the circumstances in the Coachella -.,Valley Plan. Council Member Henderson said what she wanted to know is if the HANS process is a plan that other agencies such as Fish and Game and Bureau of -Land Management specifically were familiar with and wanted included in the Coachella Valley Plan. Mr. Haebert responded the program. was crafted for the Western Riverside County Plan by an advisory group not specifically by the wildlife agencies. Council Member Henderson asked, with regard to Eagle Mountain, why it is suggested that the funding not be simply a fee based on a nexus rather than a tax on assessments. Director Evans responded the Plan responded to questions by providing a list of all other funding methods to replace the anticipated tipping fees. He said most of the responses to the Request for Comments articulated new fees or taxes. Mr. Haebert added that the situation with Eagle Mountain is, should it not go forward and should the funding not become available in the next four or five years, the CVCC has been given an array of funding mechanisms that have been used elsewhere. ' 229 City Council Minutes .8 January 17, 2006 With the assistance of Jim Sullivan, using a power point with .overlays, Mr. Haebert finalized his presentation by discussing the benefits -of adopting the Plan. He said it will be a method' to simplify *the permitting process by making it .simply a matter of writing a, check for the permit fee -for all projects outside of the conservation area. He pointed out five major Interstate 10 interchanges in the Coachella Valley which have gone through extensive reviews trying to get a.pproval from the wildlife organizations. He stated had a plan such as this been in .place when they began the process, the interchanges would be completed now and relieving the congestion problems. If the Plan is approved this year, those projects will be covered. He advised regional projects are also coverbd and decisions with regard to Incidental Take Permits will become local decisions. Mr. Haebert stated another benefit is developments outside of the conservation areas will no longer be required to do biological surveys as part of their EIR's. He also pointed out 'that about 60,000 acres have been acquired in the past several years with State and Federal dollars. He did caution that the existing MOU regarding the Fringed Toed `Lizard Take Area is about to expire, however, the various wildlife agencies have indicated they will not make any changes as .long as the CVMSHCP is still going forward. He said if the Plan is not approved, it is fairly certain Fish and Wildlife will seek revocation of the Fringed.- Toed Lizard Permit and Fish and Game will simply stop issuing permits. He also said there are *a number of species listed in the plan that presently are not covered and. it is very likely they will become listed under the Endangered' Species Act if the Plan isn't approved. RECESS: The Mayor declared a short recess at 5:09 p.m. The meeting was reconvened at 5:21, p.m. Mr. Haebert touched on some of the points contained in Director Evans _..._presentation as follo.ws.:...__ The SilverRock project is not affected as to construction restrictions,' it is outside of the conservation area. Travertine is also outside the conservation area. The Green Specific Plan is outside the conservation area. Director Evans clarified that his comments were. limited to the Section Five property and said should someone own a piece of property in that area and wish to build a home. there, they would have to start and . stop the construction due to the Peninsular Bighorn Sheep lambing season. 230 City Council Minutes 9 January 17, 2006 Council Member Henderson questioned if there would be a way for someone to avoid the stop and start process to build in Section Five. Mr. Haebert responded that would require aplan- amendment process.- He addressed the connector trail shown on the map and said it is not in the conservation area.. Director Evans, however, expressed concern that it needs to be made a definite part of the trails. system so it isn't moved at a later date to along the top of the BOR dike. He said it would not be at all suitable for establishing a trail since roadways will be going up and over it. Katie Barrows, explained the trail along the top of the dike was of particular importance to the equestrian community to be included in the plan to connect the trails from Monroe Street and continue down into the Martinez popular ride for the equestrians. She said Canyon area which is a very Steven De La Torre, representing Travertine has also shown a trail that could - be built in the corridor along the BOR dike that is .public land. DirectorEvans showed the area outside the conservation area that can -contain the connector trail and indicated the MSHCP doesn't need to address a trail. He feels if it is shown in the plan there is ,the possibility it could be moved to a less desirable location. Steven De La Torre, representing Travertine said the lines going to the south and west of Travertine were agreed to by all of. the agencies in May of 2005 and they will be included in the final permits from the Service as trails. He said there may be an informal trail along the top of the dike and the Park • District is a long way from getting that worked out. He said the actual trail has only been located within the corridor established in 2005 and there m ay well be legal and illegal trails established over time. He said it js Travertine .Is position that people will still have. access to the rockslide area by using Madison Street. Mr. Haebert then addressed the composition of the Reserve Management Oversight Committee, and said the CVCC is responsible to appoint that ince all the cities and agencies .are members of oversight committee and sthe CVCC he feels it is safe to assume the CVCC will probably appoint five • permitees to serve on the Reserve Management Committee. Council Me mber Osborne asked that the Question and Answer period start so the Council's questions can be addressed. The City Council unanimously concurred. ; r 231 City Council Minutes 10 January, 17,.2006 Council Member. Osborne posed the following questions: • How were the' increased fees determined. Response: Mr. Haebert - A marketing study was first performed to determine the value of the land within the conservation areas and that provided the base data for the Nexus Study. The Nexus Study was the study which established the per acre fee for the acquisition of the land. • Of the 240,000 acres within the conservation areas how much needs to still be acquired? Response: Mr Haebert - 180,000 acres remain and the Federal Agencies will acquire 90,000 and the local permittees will be required to acquire the remaining 90,000 acres. • The City has objected to, the inclusion of Perennial Rye Grass on the list as being a poison to the Bighorn Sheep. Response: Mr Haebert - It could be considered a poison but the concern was that it, is invasive. However, -it is no longer included in the plan. • How accurate is the Water Resources Conservation Map. Is the CVCC going to approve that at some future time? Response: Mr. Haebert - There is a Water- Resources Map that is not included within the plan because it is not totally inclusive of every source of water at this time. • Are the fees geared to promote high densities? Response: Mr. Haebert - It is .really geared toward the average within those densities and the Plan takes into consideration the indirect as well as the direct effects of construction. The fees are a rather small increment per unit and if developers feel the market will support single-family units they will continue to build that kind of development. _.Council..__Nlemb.er Hender_s.pn_....interjected,.___..due.__to the location of.. the acreage, she doesn't feel there will be a rush to build 15 units to the acre, but it could encourage interest in building.. low/mod income housing. Council Member Osborne asked, given the probability that the tipping fees from Eagle Mountain may not be generated, what new taxes and assessments are being considered to offset that? Is the per acre fee. related to that. Response: -Mr. Haebert - No they are not related. The per -acre fee is based solely on private development and the impacts.of them. The Eagle Mountain fees are to fund other components of the. Plan, such as monitoring and management of acquired lands. 232 City Council Minutes 11 January 17, 2006 Government Code Section 66000 says you can't charge private development for those monitoring and management costs. Director Doug Evans asked if the. tipping fees from Eagle Mountain aren't available as a funding source along with six of the' eight` other options that. require voterapproval, what then would be the next scenario for funding. Response: At some point the local jurisdictions would have to work with the wildlife agencies to work out. how to fund monitoring and management of the acquired lands. The various options would all need to be explored. including those that require voter' approval and if that wasn't successful other sources would need to be used. .Council Member Osborne asked if the tipping fees aren't available and the other methods are unsuccessful with the voters, can the City s general fund be affected. Response.:. Mr. Haebert - the CVCC has the responsibility. to implement - the Plan not. the individual permittees. While provisions for levying fees against the permittees are in place, the CVCC has authority to approve those fees and the member agencies comprise the CVCC. He said an administrative* trust fund was established, requiring $1.00 for every. ton dumped at Eagle Mountain to be deposited into this fund. The agreement establishing the-Arust fund spelled out one of the major ways it. could be. used was the implementation of a Coachella Valley..MSHCP. Mr. Haebert stated at this time, there is no reason to assume that the Eagle Mountain project will not occur. Council Member Osborne said he applauds all the effort that has gone into • . this plan to get all the entities together but he doesn't see it going forward by April, 2006. Mr. Haebert then went over the handout that had been distributed to the • Council and outlined the HANS process, including the incidental , take determination and the time periods involved 'in each step of the negotiations. Ma or Adolph asked if the time periods would be calendar or work days. Y Response:' The time periods are all calendar days. Community Development Director Evans asked, what would happen if a property owner, at the end of the. 300 + days, were to. say they don't want to sell the property because` they wished to build a single-family home on one parcel within the conservation area. Response: There would. `be a number of different ways. to approach the property, but if fish and Wildlife were to deny the permit to go forward for development on the local level, C 233 City Council Minutes 12 January 17, 2006 ' there would be additional opportunities to appeal that decision. and it would be highly unlikely the, whole Plan would be put in jeopardy because of one single-family home. If the Plan is .in place at that point, the Wildlife agencies would not make the determination it would be done by the CCAC. Mr. Haebert concluded that the greater benefit needs to be placed in its proper proportion as it relates to an exceptional situation such as the one described. Council Member Henderson asked for a clarification on the fee structure, as �o acre or unit. Response: Mr. Haebert - Per unit applies to residential, everything else, such as golf courses, commercial developments, etc. is per. acre. RECESS: The City Council called a recess at 6:06 p.m. and announced the Study Session will be continued after the Public Hearings scheduled at 7:00 p.m. - Continued on Page 23. 7:00 P.M. Mayor Ad h called the meeting . t order at 7:04 p.m. and invited the public to comment o 'terns not on the agenda., PUBLIC COMM T Lori Fahnestock, 65 Vista Grande, aske about the status of the emergency gate between the L Quinta Apartments and Calle Serena stating it had been closed briefly and som ne rammed it. She said ditional work has been done but it remains open. City En eer/Public Works Direct Tim Jonasson said the City of Indio's City Engineer advis him Indio was just goin to install an electric gate per their, agreement with the A rtment owners. , He sa' he went to inspect that project during the weekend an he City of Indio has, in ct, formed in a driveway apron in the City of La Quinta' ight-of-way without'a rmit . or approval. Ms. Fahnestock left photos for the rec d showing the trash an graffiti still .occurring on the cul-de-sac in La Quinta, as ell as an apartment d eHer's truck parked. .blocking her driveway. Brian Harnik, 45-025 Manitou Drive, Indi Wells, President of the oys and Girls Club of the Coachella Valley, expresse ratitude to the City our for implementing the air conditioning installation a La Quinta facility. y 234 City Council Minutes 23 January 17, 2006 Mayor Adolph comme ed ,on the article in a recent issue of the Press Enterprise dealing with the designe Arnold Palmer. He n ted Mr. Palmer played with several young students at the ne GA course. He felt a had been misled when he made a similar recommendation r the grand, openi of SilverRock and someone informed the Council that it s a policy of Mr. Imer not to play rounds with members of the public. Mayor Adolph also discussed an invit ion he had receiv to join a meeting of the Cove Association and he toured the C N with members f the association. - He stated he was given a brochure .which h rovided the Co cil Members with - a copy. He said there are 1,900 violations in a Cove that are n process of code enforcement. He suggested the City needs to whatever is n essary to make the enforcement in this area effective and prom He said. h feels perhaps additional staff is needed. Council Member Henderso uaaested a st f report' be, given to the Council to address this situation. 1. STUDY SESSION (Continued) Community Development Director Evans, in response to Mayor Adolph, stated the Study Session was recessed at the point of Council questions and answers. Council Member. Henderson asked City Manager Genovese what his impression was of the action. taken by TAC regarding their action to continue the CVMSHCP for 30 days. Response: Mr. Genovese stated all :of the 'member cities expressed various levels of concern with areas of the plan. The Cities of Indio and Desert Hot Springs were. most vocal in their, opposition. at that meeting. He said the County of Riverside did vote in favor of moving the Plan forward. Council Member Henderson posed the following questions: • If any of the nine cities do not vote to participate in the Plan can it still go forward. Response Jim Sullivan replied in . that case. the EIR would have to be re -circulated. • What is La Quinta's key issue for not supporting the Plan, other than Section 5. Response: Director Evans - Section 5 is the major concern but there are still many technicalities which the City. is still identifying. He outlined what he sees as the key components of the decision as 1) does the City support a habitat* conservation plan for the valley, 2) what are the ramifications to the City and 3) is' La • Quinta comfortable with the fee and the fee program. �� 235. City Council Minutes 24 January 17, 2006 Mayor Adolph posed the following questions: . • What is the current status of the, Eagle Mountain' project's EIR problems. Response: Director Evans replied -this is still in the court system and since they intend to enter an appeal this will be the status for several years if not longer. • Who will be the ultimate governing body. Response: Director Evans responded the Conservation Commission (CVCC), the land use authority in the City of La Quinta will be the La auinte City Council subject to having to comply with the Plan criteria. • Where will all 'of the fee money go. Response: Director Evans said - the actual fee money (developers fee) has to go to land acquisition: A range of additional funding sources, touched on. earlier, go. for the ongoing operation and maintenance of the facilities. He says the CVCC controls the money. Who is on the CVCC. Response: There are 16 different entities, the County, the Cities, CVWD. • Each. with an equal. vote. Response: Director Evans - Each- has an equal vote except one entity which has more votes than the others — the County. Response: Mr. Sullivan replied it is actually 12 member jurisdictions with 16 votes. In terms of assessments each jurisdiction has % of a vote with the County having 1 vote, so it would require 9 votes for an assessment to pass. • Is it safe to say Section 5 is the City's major problem .at this time? Response: Director Evans said concerns are still surfacing one of which came to his attention today from the City Attorney, that concerns decibel levels adjacent to conservation areas.; It might be likely a piece of grading equipment couldn't be operated near a conservation area. City Attorney Kathy Jenson interjected that hopefully the City will be able to. have a meeting and go over some of these recent concerns and get not only clarification but written documentation of the City's interpretation so years from now it doesn't become a problem. She pointed out that the Plan doesn't deal just with the conservation areas but has specific .restrictions to properties that immediately adjoin a conservation area such as SilverRock Resort. One such is "if property generates noise adjacent to a conservation...' area exceeding 105 decibels hourly it shall include setbacks, berms and walls 236 City Council Minutes 26 January 17, 2006 his message to all of the cities is "slow down" and work together with all the other cities. Council Member Sniff said his main concerns' are that this plan -has too many ramifications for the cities and that it can subordinate them to, the CVCC. He mentioned the CVCC has the power to assess the members for substantial amounts of money. He said there are two funds involved; one for the immediate acquisition of 'land as well as one for long-term investments to be .used for maintenance and operations. His concern was that some of the voting members might be quite vulnerable to large assessments of this kind and yet be out -voted by those . more financially sound. • Council Member Sniff' stated he would like to have a City Attorriey's opinion, regarding the potential for the City to be sued by entities in opposition if it takes an action Response: Ci to approve the Plan. ty Attorney Jenson said -one of the things that CVAG is doing is notifying all of the -property owners involved in the areas to give them an opportunity to speak with CVAG before they hear about it for the first time, when the cities take action on the plan. She said she thinks the Community Development Director has made an excellent suggestion in his presentation that there be a 30-day period for challenges to be filed after the CVAG action -to adopt a Notice of Determination. • Council Member Sniff asked how this Plan will affect Imperial Irrigation District and the Coachella Valley Water District. Response: Jim Sullivan responded it is not defined because their land holdings aren't identified. Council Member Sniff suggested the City Attorney and . the. Community Development Director put .together some of the salient points, detailing the concerns of the City of La Quinta, to present to CVAG. Mayor Adolph asked if 30 days is adequate to work out the concerns discussed. Community Development Director Evans said. ,.at this point there are a lot of concerns that have been itemized over a fairly long period of time but have not been addressed. Council Member Henderson. asked if the City continues this for 30 days as TAC did, what is the time frame for the Cities to approve, would it be in the area of 60 to 90 days. Jim Sullivan responded Yes. Council Member Henderson said she has one further concern. regarding the Peninsular Bighorn Sheep Water Resources Map that is not a part of the plan 237 City Council Minutes 27 January 17, 2006 feels it should be a very strict criteria that the map should be designated so r:.. every change made to. it must be sent to each agency with the new designation on it, perhaps even certified, so that everyone is using the same map at the same time. Community Development Director Doug Evans commented if the Plan is approved and the EIR is certified on February 6, 2006, that is the final Plan and when it comes to the Executive Committee they have the ability to approve it or not approve it and if they don't approve it they have the ability topresent' a list of changes they want to see to the Plan. If that, doesn't happen and -the Plan is approved, the opportunities for changes will no longer be available unless or, until one of the member cities, other than Palm Springs, votes not to approve the Plan. ADJOURNMENT There being no further business, it was moved by Council Members Sniff/Osborne to adjourn at 10:27 p.m. Motion carried unanimously with Council Member Perkins ABSENT. Respectfully submitted, JUNE S. GREEK, City Clerk City of La Quinta, - California I C` 2 38 ATTACHMENT 3 a�w P.O. Box 15 04 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLS TAMPICO (760) 77.7-7000 LA QUINTA, CALIFORNIA 92253 FAX (760) 77 7-7101 March 3, 2006 Mr. John Wohlmuth, Executive Director Coachella Valley Association of Governments 73-710 Fred Waring Drive, #200 Palm Desert, CA 92201 1 SUBJECT: COACH,ELLA VALLEY MULTI -SPECIES HABITAT CONSERVATION PLAN Dear Mr. Wohlmuth: This letter, with attachments is provided in response to your letter dated February 10, 2006. The City appreciates the level of effort you and your staff are putting into the Plan. Many of the issues addressed in this letter and its attachments have been previously discussed but, as of this date, are not fully resolved. The City would like the opportunity to discuss the following items: 1. The City requests that CVAG convene a meeting of City, County, IID and CVWD attorneys. The purpose of the meeting would be to discuss the Implementing Agreement. See attached memo from Katherine Jenson, City Attorney, regarding specific items for discussion. 2. The City needs to know what its potential exposure to CVCC ' financial assessments will be. Are there any limits to the types and amounts of financial assessments? Will the CVCC address this issue in its rules and procedures? 3. The Plan allows the CVCC to -assume debt, are there any specific provisions in the Plan regarding the types of programs which can. incur debt 'and are there any limitations for debt? Will the CVCC address this issue in .its rules -and procedures? 4. Are there any provisions which limit mitigation fee adjustments or increases? 239 G:\WPDOCS\MSHCP\Exec Respn 3-3.doc Mr. �ohn Wohlrnuth CVAG March 3, 2006 Page 2 of 4 5.A. The City continues to have concerns that the "water services as :identified on a reference map on file with the CVCC" statement on Page 4-178 is not ` appropriate. This map must be made "official" and any amendments or modifications must be approved via - the Plan Amendment process. It. is an unacceptable land use practice to establish a setback and then be able to modify the point of measurement without any public review. As currently written, this setback has two undefined variables (the setback distance and the point of measurement). The City appreciates the. added text regarding ' topographic features but, cannot support this measure as currently written and addressed in the Plan 5.B. Changes to Section 4.3.21. 1.d., Page 4-178, Required Measure, be amended to delete "with Wildlife Agency concurrence". The Minor Amendment process already allows Wildlife Agency review and comment.. 6.A. 'The revised Travertine Special Provision ##3 (Page 37) be amended to require approval by the City in addition to CVCC, the Wildlife Agencies, `and the project proponent. 6.13. The Plan needs to be amended to clearly state Travertine shall not be subject to any additional fees beyond the fees described in the Special Provisions section of the Plan. This should. be added as Item 5. 7. The City wants to discuss the imposition of mitigation fees on previously approved development projects. 8. The City continues to be concerned that the Plan is overly, restrictive regarding Section 5, T7S, R7E, SBBM. As previously requested, the City desires to add Special Provisions as follows: A. Each parcel shall be allowed to be developed with one single-family estate without imposition of the HANS process. The City, CVAG, FWS, and CDFG need to meet to discuss any additional Special Provisions applicable to single-family estates. B. This area may develop up to two dwelling units per acre provided density is clustered under an overall development plan such as* a Specific Plan. The City, CVAG, FWS, and CDFG need to meet and*' discuss any additional Special Provisions for this area.. C� 240 GAWPDOCSIMSHCP\Exec Respn 3-3.doc YI i11 Mr. John Wohlmuth, Executive Director CVAG March 3, 2005 Page 3of4 9. The, City continues to have concerns regarding the HANS process and the State Permit Streamlining Act. As currently written, the City's initial 11s concerns have not been resolved. 10. The City continues to have concerns regarding seasonal restrictions on construction. As currently written, the City's .initial concerns have not been resolved. 1n addition, the City would like written confirmation that construction and maintenance equipment noise is exempt from consideration in the adjacency restrictions. 1 11. Who actually calculates and makes the final decision on how much acreage will be counted towards Authorized Take? .Will CVAG, FSW or CDFG argue that indirect/off-site impacts will occur thereby causing "Authorized Take" to be used up? 12. If there is a disagreement over project review reports for projects within or adjacent to Conservation Areas, how will disagreements be handled? 13. The Land Use Adjacency guidelines should be revised to state that adjacency means abutting and that criteria in the Plan only applies to the areas immediately abutting, not the entire site. 14. The following mitigation fees are currently proposed: Residential Fees: 0 — 8 units/ acre $1,180 per unit 8.1 — 14 units/acre $ 490 per unit Over 14 units $ 216 per unit Commercial and Industrial $5,270 per acre The following. example and comparison of a range of one acre developments is provided. # of Units Fee/Unit - Per Acre Equivalent 2 $1,180 $2,360 4 $1,180 $4,720 8 $1,180 $ 9440 9 $490 $4,410 1E14 $490 $6,860 15 $216 $3,240 (: 241 GAWPDOCSIMSHCP\Exec Respn 3-3.doc Mr I John Wohimuth, Executive Director CVAG March 3, 2005 Page 4 of 4 The City recommends CVAG re-evaluate the fee and base it upon a per acre, or portion of an acre formula. As shown above, high end and low density residential development will pay a Lower fee than more affordable higher density development. The proposed fee as -written does not address many land use types including golf course developments, hotels, institutional and other land uses. In addition, if the City of Palm Springs does not participate, the. -fee for all other ..cities will increase from $5,270 to $5,430. The City questions the nexus of increasing the fee based upon a City not adopting the Plan. 15. The City would like a response to -the issues raised in out e-mail of January 30, 2006, attached. The City looks. forward to meeting with you to discuss the above issues. Please contact Wanda Wise -Latta in the City Manager's office (760-777-7030) to schedule a meeting. In regard to the Implementing Agreement, please contact Katherine Jenson, City Attorney, (714-641-5100) directly. The City is interested in -reaching a satisfactory solution to enable -the Plan to -be scheduled for City Council consideration. Sincerely, DOUGLA R. EVANS Community Development Director DRE:bjs Attachments c: Mayor and .City Council Tom Genovese, City Manager Katherine Jenson, City Attorney 242 G:\WPDOCS\MSHCP\Exec Respn 3-3.doc CVAG COACHELLA VALLEY ASSOCIATION of G ATTACHMENT 4 Blythe • Cathe ral City Coachella • Desert Hot Springs • Indian Wells • Indio • La Quints • Palm Pe e County of Riverside • Agua Caliente Band of Cahuilla Indians • Cabazon Band of Mission Indians ZVI orres April 18, 2005 Tom Genovese rARFS 2 4 20 City Manager City,of Indian Wells 78-495 Calle Tampico La Quinta, CA 92253 NMENTS • PalmlSprings • Rancho Mirage lartinev Desert Cahuilla Indians RE: Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) Dear Mr. Genovese. We appreciate the opportunity to meet with Councilmembers Terry Henderson, Stan Sniff and city staff on April 6, 2006, to answer your questions concerning the CVMSHCP. Below is a summary of that meeting. Discussion of March 2, 2006 memo from Kathy Jenson After general discussion of the challenges in changing the IA, given the extensive negotiations that had already occurred with the USFWS Solicitor and CDFG Counsel over language in the IA, it was agreed that Ms. Ouellette and Ms. Jenson would have a separate discussion of the issues raised in the memo. Ms. Ouellette and Ms. Jenson can provide a summary of that discussion after it occurs. Discussion of March 3, 2006 letter from Doug Evans containing 15 items 1. References memo from Kathy Jenson. (See discussion above.) 2. John Wohlmuth described the conditions under which the CVCC could approve financial assessments and the limits on those assessments as discussed in the JPA agreement This is a CVCC policy issue 3. John Wohlmuth described the conditions under which the CVCC can assume debt and stated that this was ultimately a CVCC policy issue. 4. The process for increasing or adjusting the mitigation fee was discussed. There is an annual inflation adjustment tied to CPI and every five years or more often if deemed necessary by the CVCC, the CVCC will have a new Nexus Study prepared, based on a new Market Study, to determine if a fee adjustment is appropriate. 5. A. Discussion of the "Water Sources Map" led to agreement that a policy would be developed for consideration by the CVCC addressing how the map could be amended from time to time. The policy would include a provision for review by all affected jurisdictions. Bill Havert will draft a policy and send it to CVAG and Mr. Evans for review and comment. C . 243 73-710 Fred Waring Drive, Suite 200 • Palm Desert, CA 9226D - (760) 346-1127 • FAX (760) 340-5949 COACHELLA VALLEY ASSOCIATION of GOVERNMENTS B. Due to time limitations, there was no discussion of this issue. However, for the City's information, there are two types of Minor Amendments, one requiring Wildlife Agency concurrence and one not requiring such concurrence. Because of the potential effects of new trails being constructed in PBS habitat, CVAG concurred with the Wildlife Agencies that the Minor Amendment with Wildlife Agency concurrence was appropriate in this situation; thus, that is the language in the MSHCP. 6. A. Due to time limitations, there was no discussion of this issue. However, as clarification for the City, the language in the MSHCP referenced in the comment is "Prior to the issuance of grading permits, the project proponent will provide a no -interest $2,000,000 loan to the CVCC or its designee upon mutually agreeable terms to acquire Essential bighorn sheep Habitat in the project area. This provision may be revised or substituted for in a manner of equal or greater benefit to the Plan upon mutual agreement of CVCC, the Wildlife Agencies, and the project proponent" The City had not been part of the original requirement for the loan, which was a loan from Travertine to the CVCC. Because the City was not originally a party to the requirement and CVAG was responding to a request from Travertine for modification of the original language, CVAG did not include the City as a party to the modifications to the requirement. CVAG staff does not believe -it is appropriate to seek to amend the MSHCP at this time. The City is a member of the CVCC and may present any information or recommendations it has to the CVCC at such time as the loan provision might be considered. B. Due to time limitations, there was no discussion of this issue. However, as clarification for the City, the purview over Local Development Mitigation Fees for the Travertine project rests with the City of La Quinta. It should be noted that in its comment letter, the City recommended that the Travertine project not be required, to pay any additional fees beyond the loan for PBS habitat acquisition and the funds for PBS monitoring and research. Thus, it appears that the City has concluded that the dedication of land and other mitigation measures described in the MSHCP is in lieu of the payment of the Local Development Mitigation Fee. This is strictly up to the City to make such a determination. 7. Ms. Ouellette will review the Nexus Study to see if it contains language relevant to the issue of imposing mitigation fees on previously approved development projects. The City may wish to review the model ordinance included in the IA as Exhibit D. 8. -Several development scenarios for parcels in Section 5 were discussed to illustrate how "Take" (or "disturbance") would be calculated, how the HANS and Joint Project Review (JPR) processes would work, what the roles of the CVCC and the Wildlife Agencies would be, whether the Plan provides adequate "Take" for potential development in the City, and how Rough Step would apply. The discussion clarified that the City and the Wildlife Agencies would confer regarding whether a parcel was needed in its entirety for conservation based on the criteria delineated in the Plan. If the City determines that some development can occur, then project would go through the JPR process, in which the CVCC would utilize the disturbance footprint provided by the City to calculate the acres of disturbance that would occur. The CVCC would report this information vis-a-vis whether the project is consistent with the Conservation Objectives and the current status 2 �_ 244 COACHELLA VALLEY ASSOCIATION of GOVERNMENTS' of Rough Step to the City. USFWS and CDFG could provide comments but provide no regulatory role because they will transfer their authority under the state and federal Endangered Species Acts to the city with issuance of the Take Permits. The City, therefore, decides whether or not to approve the project if it is consistent with the Conservation Objectives. Because Rough Step is an annual reporting requirement, Rough Step can be achieved after the Take has occurred if necessary, but must occur within the annual reporting period. The City acknowledged that the amount of Take provided in the Plan should be adequate. 9. Michelle indicated that it is up to the City to determine when the application is complete, which means that the HANS process does not violate the Permit Streamlining Act. Carolyn Syms Luna explained that the County has been employing the HANS process for almost two years in western Riverside County and has not encountered any problems. 10. It was agreed that the Implementation Manual will describe a streamlined process for seeking authorization from the Wildlife Agencies to allow construction activity in -the Conservation Area in PBS habitat outside of the January 1 - June 30 lambing season. It was also agreed that the Implementation Manual will clarify that the Land Use Adjacency Guidelines noise standards refer to operational noise not construction noise. 11. As discussed in #8 above, the CVCC will do the analysis of a project's consistency with Conservation Objectives and give it to the City. The CVCC has no regulatory role; it simply provides the analysis to the City for its use. The Implementation Manual will provide additional details regarding the mechanics of the analytical process. The Wildlife Agencies can comment, but have no regulatory role in the process. 12. The discussion clarified that for projects outside'the Conservation Areas, there are no project review reports as the CVCC plays no review role regarding projects outside the Conservation Areas. For projects in the Conservation Areas, the CVCC provides an analysis of whether a project is Consistent with the Conservation Objectives, and the City may request a meeting with the CVCC as part of the analysis process. If the CVCC analysis indicates that a project is inconsistent with the Conservation Objectives, the CVCC, the Permittee, and the project applicant will meet and confer to seek to resolve inconsistencies. The Wildlife Agencies can comment, but they play no regulatory role. The Wildlife Agencies' recourse is ultimately to initiate Permit suspension or revocation procedures as described in Section 23.5. of the IA. 13. After discussion of the Land Use Adjacency Guidelines, it was agreed that the Implementation Manual will provide clarification of the intent of the guidelines and guidance for use by the Permittees. 14. It was agreed that Mr. Evans will talk to. Ms. Syms Luna about County's fee structure and how it is applied to residential and mixed use projects. It was also clarified that the Nexus Study calculated the fee amount on a per acre basis. Other considerations were then used to translate the fee into a per unit basis for residential development. Ultimately, the formulation for how the fee is applied is a CVCC issue rather than, a Plan issue as long as the revenue determined necessary by the Nexus Study is generated. The CVCC can change the formulation over time if desired. 3 C:. 245 • COACHELLA VALLEY ASSOCIATION of GOVERNMENTS 15. This comment just references the e-mail below. January 30 e-mail from Doug Evans 1. Katie Barrows and Bill Havert distributed a list of properties that would count towards Rough Step compliance once a legally enforceable mechanism is in place to assure the permanent conservation' of the property. Mr. Evans will research the identified properties to determine if such a mechanism is in place or what would need to occur to obtain such a mechanism. 2. It was clarified that adjacency means sharing a common boundary with land in a Conservation Area. It was also agreed that the Implementation Manual will provide clarification of the intent of the guidelines and guidance for use by the Permittees. 3. Kim Nicol explained that CDFG could not send its law enforcement officers to a project site to issue citations or take any other action .under the Endangered Species Act as long as the Take Permit issued by CDFG was in effect. Only if CDFG suspended or revoke the Take Permit could it engage in any enforcement actions. The representatives from USFWS had already left the meeting, but this would certainly apply equally to USFWS. 4. This question is the same as #11 in the March` 3 letter (see above). 5. This question is the same as #12 in the March 3 letter (see above). Please contact me if you have any other questions. Sincerely, n� , John M. Wohlmuth Executive Director 4 C. 246 ATTACHMENT 5 COACHELLA VALLEY ASSOCIATION of GOVERNMENTS DATE: January 12, 2006 TO: ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE FROM: Jim Sullivan, Director of Environmental Resources l i I RE: Consider Approval of Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan STAFF RECOMMENDED MOTION; That the Energy and Environmental Resources Committee recommend the Executive Committee approve the Coachella Valley Multiple Species,14abitat Co�servatlon Plan/Natural Community Conservation Plan (MS14CP) and the Implementing Agreement, and certify the Final Environmental Impact Report (EIR). BACKGROUND: The CVAG Executive Committee will consider approving the Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan (MSHCP) and certifying the Final EIR on Monday February 6,' 2005, at 6 pm in the Palm Desert City Council Chamber. Printed and CD copies of the MSHCP documents were delivered to CVAG members and the other Permittees during the week of December 5-9 2005. Every agency, private organization and member of the public who submitted a comment during the public review and comment period of November S, 2004 — March 7, 2005 has been notified of the availability of the Final EIR which includes the response to comments and of the February 6, 2005 hearing of the Executive Committee. All MSHCP documents are available on the website www.cvmshc .o Planning for Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan (MSHCP) has been in progress for over a decade. The public review draft MSHCP and associated documents were released for public review and comment on November 5 2004 with a 90 day comment period. On January 31, 2005, the Executive Committee extended the comment period to March 7, 2005. Five public meetings, including a hearing before the Executive Committee, were held during the comment period to receive verbal comments. Over 300 individual written comments and verbal comments at the public meetings were submitted. The Final EIR includes responses to 1) all written comments received from agencies, private organizations, and the public during the entire extended public comment period; and, (2) to all verbal comments submitted at the five public comment meetings. Schedule CVAG Executive Committee February 6, 2006 Printing of Final MSHCP completed February 20, 2006 Consideration by Cities, County and other Permittees February 21 — April 30, 2006 Issuance of state and federal permits June 30, 2006 Staff will give an overview of the MSHCP and answer questions. Some of the benefits of the MSHCP and the ramifications of not adopting the MSHCP are outlined below. C . 247 COACHELLA VALLEY ASSOCIATION Of GOVERNMENTS 4. .0 1 Benefits of the MSHCP Local Control over Endangered Species Act Issues. When a Habitat Conservation Plan is approved, the U.S. Fish and Wildlife service (USFVVS) and the California Department of Fish and Game (CDFG) transfer their authority to issue an Incidental Take Permit (ITP) for a project under the state and federal Endangered Species Acts (ESAs) to local govemment. This eliminates the need for projects undertaken or approved by local governments who are Permittees under the MSHCP to deal with CDFG and USFWS. Instead, local government has control and issues an ITP for projects that are consistent with the MSHCP. Simplification of Compliance with the State and Federal'Endangered Species Acts and Certainty for Development. The MSHCP provides simplified compliance with the state and federal ESAs and provides certainty to the development process. For projects outside the Conservation Areas, this means that the projects would no longer have to conduct biological surveys, address t!lological resource issues in an i*IR, or negotiate individually with CDFG and USFWS regarding i itigation. Instead, projects outside the Conservation a J Areas would simply pay the Development Mitigation Fee. ➢ Coverage for Vital Infrastructure Projects -for 75 Years. In addition to providing ITPs and mitigation for critical freeway interchange projects in the Coachella Valley, the MSHCP provides ITPs for the regional road network (TPPS projects) and 75 years worth of Caltrans projects, including freeway and highway widening projects and bridge improvements. Other projects covered by the MSHCP include projects approved pursuant to county and city general plans, including the circulation' element of said general plans, master drainage plans, capital improvement plans, water and waste management plans, the County's adopted Trails Master Plan, and other plans adopted by the Permittees. Also covered underthe MSHCP are operations and maintenance of existing and future public facilities including publicly maintained roads and rights -of -way; materials pits; maintenance yards; flood control facilities; landfills, tmnsferstaVons, and other solid waste related facilities; water development, production, storage, treatment, and transmission facilities; sewage treatment and transmission facilities; reclaimed water storage and transmission facilities; public parks; substations and electric transmission facilities; and other public utility facilities providing services essential to the health, safety, and welfare of the public. % Maintaining quality of life' and conferring economic benefits. The MSHCP will provide for the conservation of significant natural resource lands throughout the Coachella Valley since the wildlife habitat conserved by the MSHCP contains other resource values as well. Protection of these lands will maintain the Coachella Valley's quality of life by conserving the area's scenic and open space qualities and providing recreation amenities. Open space enhances property values and supports the area's tourism economy. Half of the lands to be acquired are expected to be funded with state and federal dollars, thus effectively leveraging the local Development Mitigation Fee money. Ramifications of the MSHCP not being,Approved if the MSHCP is not approved (which requires all the Permittees to approve it), there will be no Incidental Take Permit (iTP) for the eleven currently listed species that occur in Coachella Valley and no ITPs for the currently non -listed Covered Species should they become listed. The consequences of that are as follows; ➢ Loss of Coachella Valley Fringe -toed Lizard Permit. The current state ITP for the Coachella Valley fringe -toed lizard (CVFTL) will no longer be valid; further, USFWS is likely to initiate suspension or revocation of the federal ITP because the MSHCP is intended to redress 38 G� 248 COACHELLA VALLEY ASSOCIATION Of GOVERNMENTS i deficiencies in the existing CVFTL HCP identified by USFWS. Without the MSHCP, it Is expected that the existing Take Permit will be suspended or revoked and development that would impact this species would no longer be permitted. This would have an enormous impact on development throughout much of the Coachella Valley. ➢ No. coverage for Transportation Projects not ,currently covered. If the MSHCP is not approved, there would be no ITP for the TPPS projects or for Caltrans' improvements. Each such project t would need to seek an ITP on a project by project basis from the Wildlife Agencies. While the freeway interchanges and associated arterials are being addressed on a parallel track to the MSHCP with the Wildlife Agencies, there are likely to be delays with these projects occasioned by the lack of an MSHCP. ➢ Risk of New Species being listed as Threatened or Endangered. Should a species not currently listed become listed (such as the flat -tailed homed lizard or Coachella Valley round -tailed ground squirrel), all development in that species' habitat would be prohibited under the Endangered Species Act without an ITP. This would have a chilling effect on development in the Coachella y alley. ➢ No Simplification of Compliance with the State and Federal Endangered Species Acts. Evert projects that do not impact a threatened or endangered species must still address the impacts of the project on other wildlife species. This may require preparation of an EIR, *surveys of the project site to determine if sensitive species are present, and mitigation measures, which may have to be individually negotiated with USFWS and CDFG. Such individual project mitigation can be quite costly and can cause significant delays ih projects. FISCAL ANALYSIS: Implementation of the MSHCP is expected to cost S645,242,000 (2006 dollars) over the 75 year period of the permits. implementation of the MSHCP is designed to be self -funding and no assessments are required of the Permittees. The MSHCP is to be funded from the Development Mitigation Fee, tipping fees and infrastructure mitigation payments from CVAG, Coachella Valley Water District, Caltrans, and Imperial Irrigation District. CVAG's contribution is $30 million in Measure A funds to mitigate all TPPS projects. The Development Mitigation Fee is $5270 per acre, with a per unit fee for residential development, The residential fee per unit for a density of 0-8 units per acre is $1180. C; 249 39 SUGGESTED CHANGE FOR RESOLUTION IMPLEMENTING RESOLUTION - - rmatted: Centered STAFF REPORT, P. 22 MSHCP SECTION III. APPLICATION OF REGULATIONS: Except as provided in Section IV, this Resolution shall apply to all land within the City shown on the MSHCP Plan Area Map, attached as Exhibit " 1 " hereto. Upon application to the City for a development project, an applicant shall be required to comply with the procedures set forth in this Resolution. Upon the City's initiation of a project that is subject to CEQA, the City shall be required to comply with the procedures set forth in this Resolution. No project requiring a discretionary, or certain ministerial permits or approvals that could have adverse impacts to species covered under the MSHCP shall be approved by the City unless the ro"ect is consistent with the MSHCP and this Resolution,_ ,�o City -initiated initiated Public roiect shall be undertaken, unless the ro'ect is - Deleted: and n ......._ ... Y-.._ ... _ ...........P.......... _. P ._ .J ...._ ...... _....._ ...... _........_.................................... _.......... P ... J ............ _.._ consistent with the MSHCP and this Resolution. C. 250 e A 5�1 to/ O(o gs � T RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA TO ESTABLISH PROCEDURES AND REQUIREMENTS FOR IMPLEMENTATION OF THE COACHELLA VALLEY MULTIPLE -SPECIES HABITAT CONSERVATION PLAN THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: SECTION I. TITLE: This Resolution shall be known as the "Coachella Valley Multiple Species Habitat Conservation Plan Implementation Policy." SECTION II. FINDINGS AND PURPOSE A. The City Council finds that the ecosystems of the City of La Quinta ("City"), the Coachella Valley and surrounding mountains located in central Riverside County and the vegetation communities and sensitive species they support are fragile, irreplaceable resources that are vital to the general welfare of all residents; these vegetation communities and natural areas contain habitat value which contributes to the region's environmental resources; and special protections for these vegetation communities and natural areas must be established to prevent future endangerment of the plant and animal species that are dependent upon them. This Resolution will protect the City's and the region's biological resources, vegetation communities, and natural areas, and prevent their degradation and loss by guiding development outside of biological resource core areas, and by establishing mitigation standards which will be applied to development projects. Adoption and implementation of this Resolution will enable the City to achieve the conservation goals 'set forth in the Coachella Valley Multiple Species Habitat Conservation Plan ("MSHCP"), to implement the associated Implementing Agreement executed by the City Council on May 16, 2006, and to preserve the ability of affected property owners to make reasonable use of their land consistent with the requirements of the National Environmental Policy Act ("NEPA"), the California Environmental Quality Act ("CEQA"), the Federal Endangered Species Act ("FESA"), the California Endangered Species Act ("CESA"), the California Natural Community Conservation Planning Act ("NCCP Act"), and other applicable laws. B. The purpose and intent of this Resolution is to maintain and restore biological diversity and the natural ecosystem processes which support this diversity, to protect vegetation communities and natural areas within the City, the Coachella Valley and the surrounding mountains located in central Riverside 251 City Council Resolution No. 2006- CVMSHCP Implementation Procedures Adopted: May 16, 2006 County which support species covered under the MSHCP; to maintain a future of economic development within the City by providing a streamlined regulatory process from which development can proceed in an orderly process; and to protect the existing character of the City and the region through the implementation of a system of reserves which will provide for permanent open space, community edges, and habitat conservation for species covered by the MSHCP. SECTION 111111. APPLICATION OF REGULATIONS: Except as provided in Section IV, this Resolution shall apply to all land within the City shown on the MSHCP Plan Area Map, attached as Exhibit " 1 " hereto. Upon application to the City for a development project, an applicant shall be required to comply with the procedures set forth in this Resolution. Upon. the City's initiation of a project that is subject to CEQA, the City shall be required to comply with the procedures set forth in this Resolution. No project requiring a discretionary, or certain. ministerial permits or approvals that could have adverse impacts to species covered under the MSHCP shall be approved by the City unless the project is consistent with the MSHCP and this Resolution. No City -initiated public project shall be undertaken, unless the project is consistent with the MSHCP and this Resolution. SECTION IV. EXEMPTIONS: This Resolution shall not apply to the following: A. The adoption or amendment of the City's General Plan. B. The adoption or amendment of any land use or zoning ordinance. C. Any project for which and to the extent that a vesting tentative map pursuant to the Subdivision Map Act, or a development agreement pursuant to Government Code sections 65864 et seq., approved or executed prior to adoption of this Resolution, confers vested rights under the City's ordinances or state law to proceed with the project notwithstanding the enactment of this Resolution. Projects subject to this exemption must comply with all provisions of any applicable State and federal law. D. Any project for which the City Council determines that application of this Resolution would result in the property owner being deprived of all reasonable economic use of the property in violation of federal or State constitutional prohibitions against the taking of property without just compensation. City Council Resolution No. 2006- CVMSHCP Implementation Procedures Adopted: May 16, 2006 SECTION V. PROCEDURES A. The City shall ensure compliance with Conservation Area requirements and measures as set forth in Section 4 of the MSHCP. B. The City shall, impose as a condition to the City's approval of a Discretionary Project and certain ministerial Projects, such conditions as are necessary to ensure biological surveys are prepared for the project as required by Sections 4.3 and 4.4 of the MSHCP. C. The City shall ensure that public and private projects comply with the Avoidance, Minimization and Mitigation Measures set forth in Section 4.4 of the MSHCP. D. The City, at its discretion, may impose as a condition to the City's approval of a project such conditions as necessary to ensure the project complies with and implements the applicable Land Use Adjacency Guidelines set forth in Section 4.5 of the MSHCP. This element of discretion has been discussed with CVAG, USFWS, CDFG during meetings with the City. E. The City shall transmit any collected Local Development Mitigation Fees, other appropriate fees and associated interest as described in Section 5.2.1.1 of the MSHCP to the CVCC at least quarterly. F. The City shall contribute appropriate mitigation for City public projects as set forth in Sections 13.2, Item C. This Section requires the City toprovide replacement habitat or pay the required per acre MSHCP mitigation fee prior to impacts to Cvered Species and these Habitats in the the MSHCP. G. The City shall participate as a member agency in the CVCC as set forth in Section 6.1.1 of the MSHCP. H. The City shall participate as a member of the RMOC as set forth in Section 6.1.3 of the MSHCP, as appropriate. I. The City shall participate in the Joint Review Process as set forth in Section 6.6.1.1 of the MSHCP for projects located in Conservation Areas. J. The City shall manage MSHCP Reserve System lands and conservation easements owned or leased by the City pursuant to Section 8 and 9 of the City Council Resolution No. 2006- CVMSHCP Implementation Procedures Adopted: May 16, 2006 MSHCP providing funding is provided by the CVCC. The MSHCP states that the CVCC will manage lands, including all costs, within the MSHCP Reserve System pursuant to Section 5.1 .4 and 5.1 .6 of the MSHCP K. The City shall maintain a record of total acres developed and their location within City jurisdiction and transmit such information monthly to the CVCC. L. The City shall transmit any changes in City boundaries or general plan land use designations to the CVCC at the end of each calendar year. M. Pursuant to the MSHCP, the City may transfer any property interest acquired or obtained in fee title or as a conservation easement to the CVCC for management. The City may also grant a conservation easement to the California Department of Fish and Game for any property interest obtained pursuant to Section V of this Resolution. N. Carry out all other applicable requirements of the MSHCP. SECTIONS VI. DEFINITIONS: For purposes of this Resolution, the following terms shall have the meaning set forth herein: A. "Area Plan" means a community planning area defined in the County of Riverside General Plan. Four County of Riverside Area Plans are located within the MSHCP Plan Area. B. "Conservation Areas" means a system of lands described in Section 4.3 of the MSHCP that provide Core Habitat and Other Conserved Habitat for the Covered Species, conserve natural communities, conserve Essential Ecological Processes, and secure Biological Corridors and Linkages between major habitat areas. There are 21 Conservation Areas from which the MSHCP Reserve System will be assembled. C. "MSHCP" means the Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan. D. "Map of MSHCP" means the map of the area encompassed by the MSHCP as set forth in the attached Exhibit " 1 . " E. "Discretionary Project" means a proposed project requiring discretionary action by a Permittee, as that term is used in CEQA and defined in State CEQA Guidelines section 15357. City Council Resolution No. 2006- CVMSHCP Implementation Procedures Adopted: May 16, 2006 SECTION VII. EFFECTIVE DATE: The Mayor shall sign this Resolution and the City Clerk shall attest thereto, and thereupon and thereafter this Resolution shall take effect and be in force according to law. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 16th day of May, 2006, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, MMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ( 27iS 001 w Sep of COUNCIL/RDA MEETING DATE: May 16, 2006 AGENDA CATEGORY: /^� BUSINESS SESSION: C . CONSENT CALENDAR: ITEM TITLE: Consideration of City of La Quinta Marketing Plan for Fiscal Year 2006-07 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve a City of La Quinta Marketing Plan for Fiscal Year 2006-07. FISCAL IMPLICATIONS: None associated with this action, as the City Council is being asked to consider approval of the City's Marketing Plan for Fiscal Year 2006-07 (the "Plan") as a conceptual document and as a guide for City marketing efforts during the upcoming fiscal year. However, implementation of the proposed Plan has financial implications of up to $767,200, which represents the estimated cost of implementing the marketing programs included therein. By marketing component, the breakdown is approximated as follows (more detail is provided in Attachment 1): General City Marketing — $255,900 City Communication & Community Events — $262,800 Arnold Palmer Classic Course Marketing — $248,500 These costs estimates will be reviewed and further refined as part of the City's annual budget process and contract for services process. 256 CHARTER CITY IMPLICATIONS: The City Charter allows the City "to utilize revenues from the general fund to encourage, support and promote economic development." The City's Marketing Plan is a key tool in promoting and supporting economic development in the City. BACKGROUND AND OVERVIEW: On April 4, 2006, the City Council considered marketing strategies for the City of La Quinta via a Study Session. At that time, Kiner Communications presented recommended marketing ideas for Fiscal Year 2006-07 for Council consideration and direction. Based on input from Council, budget parameters, and ongoing discussions with Landmark, Kiner Communications has prepared a proposed City of La Quinta Marketing Plan for Fiscal Year 2006-07 (Attachment 2). As part of their contract with the City, Kiner Communications is responsible for preparing a comprehensive marketing plan for the City on an annual basis. The attached Plan, similar to the City's Economic Development Plan, has been developed as an "umbrella" document in an effort to identify marketing programs the City plans to undertake during the upcoming fiscal year. In preparing the City Marketing Plan for Fiscal Year 2006-07, several factors were taken into account including anticipated festivities for the City's 251h Anniversary, La Quinta's ability to capture the "tourism" market, and continued efforts to positively market the City and SilverRock Resort. After receiving input from Council on April 4, staff worked with Kiner Communications to build on last year' s restructured document and make its implementation efforts as comprehensible as possible. The table below provides pertinent information on each of the three marketing components included within the Plan: Marketing Managing Responsible for Budget Supporting Council Budget Component Department(s) Implementation Estimate Accounts Consideration General City Economic Professional $255,900 Economic Professional Marketing Development marketing Development/ marketing consultant/ Redevelopment contract/normal City staff budget process City Economic Professional $262,800 Economic Professional Communication Development/ marketing Development/ marketing & Community Community Services consultant/ Community contract/normal Events City staff Services/ budget process Central Services Arnold Palmer Community Services Golf operator $248,500* Enterprise Fund Golf operator Classic Course contract/normal Marketing budget process *Total for marketing as proposed by LandmarK volt management. 2�7 As a reiteration, the City of La Quinta Marketing Plan for Fiscal Year 2006-07 has been prepared as a conceptual guide only; and, in keeping with last year's process, staff is recommending that the Council approve only the narrative Plan at this time. If approved, staff will develop an operating budget in conjunction with the City's Fiscal Year 2006-07 budget process and the associated professional services contracts (i.e. marketing and golf operations) . In summary, the proposed City of La Quinta Marketing Plan for Fiscal Year 2006-07 is divided into three marketing components which include the following programs (the Plan in its entirety is provided as Attachment 2) : General City Marketing — Enhance efforts to promote the City's commercial districts and hospitality opportunities via the Shop & Dine/Play & Stay campaigns initiated in 2005-06 using television and print advertising, and adding radio in 2006-07 (target local and regional markets; use 25th Anniversary theme in conjunction with local efforts) — Explore new City website promotion in conjunction with City's 25th Anniversary — Continue advertising in local event program guides such as ICSC and the Bob Hope Chrysler Classic — Continue to advertise in Palm Springs Life (October issue) — Continue to participate in trade shows, e.g., ICSC and BizNet — Continue to purchase City promotional items like pens, coasters, and calculators for trade shows and economic development purposes — Maintain a contingency account for unique opportunities such as cooperative advertising with the Palm Springs Desert Resorts Convention & Visitors Authority (CVA) City Communication & Community Events — Continue to foster positive public relations efforts via press releases on important City news and via personal contact with the media; implement a new 25th Anniversary PR campaign — Continue to produce and mail to La Quinta residents a quarterly City Report (newsletter) — Continue to produce an annual City calendar mailed as a gift to residents — Complete redesign of the City pages in The Gem (Chamber monthly publication) — Continue to produce the quarterly recreational brochure listing Community Services and Senior Center activities, and work on redesign for 2006-07 — Plan, execute, and promote community special events such as concerts, movies in the park, dedications, and grand openings — Produce winter and spring postcards to promote Community Services special events; produce other Community Services promotional material 258 — Plan and execute festivities for the City's 25th Anniversary celebration in conjunction with the City's annual picnic, and create a 251'' Anniversary Committee to plan and oversee all related activities Create a 25th Anniversary logo Arnold Palmer Classic Course Marketing — Continue to research and implement public relations opportunities to get SilverRock covered in feature stories in golf and travel publications — Continue print advertising by targeting the golf resort population via Desert Golf, Golf News, Palm Springs Life, The Desert Sun, and other golf publications — Continue billboard advertising with new vinyl and artwork that is more easily readable — Pursue co-ops with goal of reaching convention and meeting planners (marketing group and tournament play) — Consider advertising in non -golf trade publications like in-flight magazines — Launch new public relations campaign capitalizing on national recognition — Hire professional services for website maintenance to keep SilverRock Resort graphically competitive with other golf courses As Council may have noted, the City Communication component has been broadened to reflect several other programs and activities that bring the City marketing value. As staff was conducting a closer review of current and planned marketing efforts, it seemed appropriate to expand the City Communications component. Therefore, it has been renamed to "City Communication & Special Events" and now includes special community programs such as the 25th Anniversary festivities, the City Picnic, and the various concerts and movies the City offers via the Community Services Department. The marketing budget information included in Attachment 1 reflects this addition. Staff is seeking Council action as it relates to approving a City Marketing Plan for Fiscal Year 2006-07. Council will have the opportunity to consider the financial implications of this Plan's implementation via the normal budget process and professional services agreements. Additionally, in fulfilling various items under the General City Marketing and City Communication & Community Events components, staff would like direction from Council on whether staff should renegotiate a contract with Kiner Communications or solicit competitive proposals for professional marketing services.' 1 The City's Municipal Code allows exemption by the City Council from competitive proposal solicitation "where experience with the proposed service provider has demonstrated competence and satisfactory performance or in the renewal or renegotiation of existing contracts for continuing services. Alternatively, consistent with specific procedures prescribed by the Council regarding contracts for major services, i.e., with an estimated value' of twenty-five thousand dollars or greater, the Council may wish to consider solicitation of competitive proposals and a formal selection process. The last time the City solicited proposals from qualified marketing firms for implementation of the City's marketing plan was in the spring of 2002. 2`9 On a final note, as requested by Council on April 4, staff has developed a City of La Quinta Marketing Matrix (Attachment 3) that includes items outside the formal City Marketing Plan document considered to have some marketing and/or promotional value; or represented by others, during their proposals, to have marketing value for the City. Generally, the items included within the matrix involve requests from outside organizations and are not programs or activities initiated by staff. Staff also created a second matrix, entitled Additional Community -Oriented Items, which is included as Attachment 4 for Council's consideration. The Council may wish to consider these two matrixes in conjunction with the marketing efforts included within the proposed City of La Quinta Marketing Plan for Fiscal Year 2006-07. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a City of La Quinta Marketing Plan for Fiscal Year 2006-07; or 2. Approve a City of La Quinta Marketing Plan for Fiscal Year 2006-07 with changes; or 3. Do not approve a City of La Quinta Marketing Plan for Fiscal Year 2006-07; or 4. Provide staff with alternative direction. Respectfully submitted, Michael O'Connor, Assistant City Manager Approved for submission by: l Thomas P. Genovese, City Manager Attachments: 1. Budget detail for Marketing Plan for Fiscal Year 2006-07 2. City of La Quinta Marketing Plan for Fiscal Year 2006-07 3. City of La Quinta Marketing Matrix 4. Additional Community -Oriented Items 260 Attachment 1 General City Marketing Budget Fiscal Year 2006-2007 Component 1— General City Marketing General Marketing — TV $90,000 General Marketing — Print & Radio $785500 Event Program Guide Advertising $99500 Trade Show/Special Event Attendance $25900 City Promotional Items $75000 Advertising Contingency $20,000 Component 2 — City Communication & Community Events City Communication Vehicles $1565000 251h Anniversary Festivities & City Picnic $675000 Special Community Events $395800 Component 3 — Arnold Palmer Classic Course Marketing Golf Course Marketing $2489500 Professional Marketing Services Retainer $489000 TOTAL: $7679200 c � 261 Attachment 2 CITY OF LA QUINTA MARKETING PLAN FISCAL YEAR 2006-07 .Prepared by Kiner Communications 1. Marketing La Quinta Locally as a Shopping, Dining and Golfing Destination: Use the celebration of the City's 25th Anniversary to communicate economic development progress. Television Advertising — Create ten to fifteen 15-second "factoid" spots about the City's history and progress — using a "Did you know?" type of approach. The factoids will broadcast during the evening news, incorporating both historical facts about La Quinta as well as new information (i.e., "Did you know there are more than 50 restaurants in La Quinta, serving cuisine from around the world? Come explore all that's new in La Quinta today"). These factoids will convey shop/dine La Quinta messages, while touching on the most interesting facts about La Quinta's history. • Radio &Print Advertising — In addition to television, create a parallel campaign using radio and publications like LQ Magazine, The Desert Sun, and the Press Enterprise to celebrate the City's 25th Anniversary, while also communicating a "Look how far we've come" message. • Redesigned City Website — When completed, promote City's 25th Anniversary via the new website. This milestone can even be used to get more exposure for the new website. Explore website promotion using 25th Anniversary history trivia to drive people to the new website ' and get it great exposure as it launches (with prizes to La Quinta shops and restaurants, reinforcing business support and retention while offering businesses a way to participate). 2. Marketing La Quinta as a Visitor Destination: Continue to promote a "Stay and Play" campaign in Southern California drive-in markets. • Broadcast Existing Out -of -Market TV Spot — Continue to broadcast the "Stay & Play" 30-second spot created in FY 05/06 in the Los Angeles and Orange County drive-in markets. This spot creatively "sells" the different experiences in La Quinta for the visitor — from shopping and dining to golf at SilverRock and poolside fun. • Stay & Play Print Campaign — Run another "Stay & Play" print campaign in the Los Angeles Times, specifically the monthly Palm Springs Desert Resorts Page that appears in' the newspaper's travel section. • CVA Co-ops — Take advantage of appropriate co-op opportunities presented by the Palm Springs Desert Resorts Convention & Visitors Authority (e.g., California Visitor's Guide, AAA travel publications). C. 262 3. Marketing La Quinta through Event Attendance, Relevant Publications/Program Guides, and other Promotional Efforts: Use local events and publications to promote and position La Quinta as one of the premier Coachella Valley cities. • Trade Shows/Special Event Attendance — Continue to promote the City and disseminate information at various events, including: International Council of Shopping Centers (ICSC) Convention in Palm Springs, BizNet Symposium and Business Expo (La Quinta, Indio, and Coachella Chambers of Commerce), and the City's annual picnic. • Event Program Guides — Continue a strong presence at prominent local events via program guide advertising, e.g., ICSC Convention in Palm Springs, Bob Hope Chrysler Classic. • Palm Springs Life — Continue participation in the four -page advertorial published in the October Desert Cities Progress Issue of Palm Springs Life. • City Promotional Items — Continue purchase of City promotional items like pens, coasters, and calculators for distribution at trade shows and special events. • Contingency — Maintain a contingency account for unique advertising opportunities the City may wish to take advantage of during the year. 1. Communicating with La Quinta Residents: Continue to convey important City information on various topics such as public safety, community services, road work, budget, economic development, and special projects through tailored mail pieces and public relations campaign. • Public Relations — Continue to issue press releases to the media regarding important news and events that the City wants covered via local TV, news, and radio. • Quarterly Newsletter — Continue to distribute the quarterly newsletter to communicate with residents throughout the year regarding City news and happenings. • City Calendar — Continue to produce a calendar "gift" for distribution to La Quinta residents, which also serves the dual purpose of a public communications tool. The 2007 calendar will center on a 25th Anniversary theme, and the 2008 calendar is slated for a "Great Outdoors" theme. • Quarterly Recreation Brochure — Community Services Department to continue production and mailing of recreation brochure, announcing comprehensive class, program, and event listings. • City of La Quinta Gem Pages (Continue) — Complete redesign currently underway, and City staff to continue gathering information from various departments for inclusion in this monthly publication. 263 • Non -golf Trade Publications — Consider advertising and public relations programs for non -golf trade publications (i.e., in-flight publications). • New PR Angle — In all public relations and advertising efforts, capitalize on Golf Digest's national recognition of SilverRock — hailing it as "One of the Top 10 New Courses to Play." • SilverRock Website Maintenance — Contract with a professional website firm for maintaining and updating the existing site. This will ensure SilverRock stays graphically competitive with other golf course websites. (Information to be considered: new photography, tournament information, score cards, rates.) 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O — " E � Op •O a� Ca-0'iO OymO C7 Uo�n C7 ca �VU0 N � U),CL. O �— N M 4 In C0 00 a � .. 2.6 8- O a cn 'a CIOO Q N N o o cc y r C) p 00 O L!) O O LA M O r a p o LO IS) fl. Q N Q a� CD H •` � 0 W •� G C O 4-J U U U N fA co C E 3-+ O N L L O cn 4— M O 00 'O N 00 O +•+ cn Q O 'C O C L O C O d +� U U o can •;,- co L co COCL co cn m a p � CC > o a V a)m cn c (3) L O'p -0 C)&. a) > -0 ULO E -0_N i a > C o O c LaD O Co =Oi— LL C.) > O+. U (1) UU aO CL a) V Q Q ti U a co C O U O (n + - J co IC cc Q N .= C O C c O p� cn U ' O._ �> LU a r N M a� T L a� s O cn N O C 0 LO O O N LL c co a� O O co co a� co -a a� C N O O cn O a O C269 COUNCIL/RDA MEETING DATE: May 16, 2006 ITEM TITLE: Consideration of Increasing Hours of Operation at the La Quinta Public Library RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The County of Riverside is proposing an increase in hours of operation for the La Quinta Library beginning July 1, 2006. In consultation with Library Services Systems Incorporated (LSSI), the library operator, the County is recommending an increase of 10 hours per week, which has a financial impact of $99,798 annually. If the new hours are approved, this fiscal impact would be identified in Account #101- 3004.451.30-97 (Riverside Library Contract Services) of the 2006-07 City of La Quinta Budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Staff has been in communication with Nancy Johnson, County Librarian for Riverside County. Ms. Johnson has indicated that numerous residents have requested the hours of operations be increased to include more daytime and weekday hours. ILI 270 The current hours of operation are: Monday Tuesday Wednesday Thursday Friday Saturday Sunday Closed 10:00 a.m.-8:00 p.m. 10:00 a.m.-6:00 p.m. 12:00 p.m.-8:00 p.m. 10:00 a.m.-4:00 p.m. 10:00 a.m.-2:00 p.m. 12:00 p.m.-4:00 p.m. The proposed new hours of operation include opening on Mondays from 10:00 a.m. to 6:00 p.m. (currently, the library is closed on Mondays) and opening earlier on Thursdays (10:00 a.m. instead of 12:00 p.m.). This change in the hours of operation would result in an increase of 10 hours per week and create more accessibility to the public. The new hours of operation would be commensurate with_ other libraries of similar size in the area. Section 2 of the current Memorandum of ' Understanding (MOU) between the City of La Quinta and the County of Riverside sets forth that the City shall set the number of hours and days the library is open (Attachment 1). The new hours of operation, if approved, would go into effect on July 1, 2006. Staff is bringing this issue to the City Council at this time to allow LSSI ample time to provide for additional staff if this item is approved. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve an increase of 10 hours per week in the hours of operation at the La Quinta Public Library beginning July 1, 2006; or 2. Do not approve an increase of 10 hours per week in the hours of operation at the La Quinta Public Library beginning July 1, 2006; or 3. Provide staff with alternative direction. Respectfully submitted, Edie Hylton, ommunity Services Director 271 2 Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Library Memorandum of Understanding between the City of La Quinta and County of Riverside 2. Letter from Nancy Johnson, County Librarian requesting additional hours of operation for the La Quinta Library 2 t. 272 ATTACHMENT 1 LIBRARY MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is made and entered' into as of a C-L. (q. , 2004 ("Agreement Date") by and between the City of La Quinta ("City") and the County of Riverside ("County") WHEREAS, the County has offered to enhance existing library services as an alternative to the City exercising its right to withdraw from the County Library System; and, WHEREAS, the City and County desire to enhance the delivery of library services within the' City, and have reached an agreement that they wish to set forth in writing in the form of this MOU. The City and the County therefore agree as follows: SECTION 1: TERM This MOU shall take effect on July 1, 2005 and shall remain in effect through and including June 30, 2010, with an additional five-year option which may be exercised if both parties agree to exercise the option. The City and County agree that there, is no commitment, guarantee, or requirement for either the City or the County to exercise the additional five-year option or otherwise extend this MOU. The City and the County may, at their option, exercise the additional five-year option by giving written notice to the other party no later than June 30, 2009. If both parties exercise the option to extend the term for an additional five years, then the term shall be extended for that period upon the same terms and conditions as set forth herein. The City or the County may forego exercising the option to extend this MOU but may request an extension of this MOU with modified terms. If the either the City or County does not opt to exercise the additional five-year option but desires to extend the term of this MOU on modified terms, the City and County shall negotiate in good faith to extend this MOU. Unless otherwise agreed to by the City and the County, any extension to this MOU would use the then existing service levels, building size, etc. as the floor of acceptable standards for future library service. The City fully reserves its rights to withdraw from the County Library System pursuant to existing laws and regulations, effective with the expiration of this MOU or subsequent extensions. SECTION 2: HOURS/DAYS OF OPERATION -- LOCATION During the term of this MOU, the La Quinta Branch Library, located at 78-1 04 Calle Estado, shall be open: a minimum of six (6) days per week including 2 evenings and Sunday; and be open a minimum. of 40 hours per week. Once the new library building at. 78-275 Calle Tampico is complete, the La Quinta Branch Library shall . move to that location. Once the move is complete and the La Quinta Branch Library is fully operational at the new location, the La Quinta Branch Library shall be open the number of hours and C 273 m:r 9 1 -)nnA . #7) , X, �7_ days as designated by the City. The number of hours and days will be set by the City with review and recommendations by the County. SECTION 3: COLLECTION The County agrees to spend a minimum of $5,000 for collection materials during each year of this MOU. Once the new library is opened, the, annual expenditures for collection materials shall be increased as necessary to be consistent with other large branches, and the collection shall be increased in size and scope to make it consistent with other large branches. The City shall have the opportunity to participate in acquisition determinations and to approve the level of funding for the acquisitions. All collection materials shall be purchased specifically for the La Quinta Branch Library and housed at the La Quinta Branch Library. Collection materials purchased for the La Quinta Branch Library shall be the property of the City and be housed at the La Quinta Branch Library. Such collection materials shall not be permanently transferred or moved from the La Quinta Branch Library without the express written consent of the City. SECTION 4: LIBRARY FUNDING AND SERVICE The County will work cooperatively with City to design -and develop a library service plan for -the new library facility and expansion thereof. The County will work cooperatively with the City to identify funding/grant opportunities for various programs and services connected with the new library facility and expansion thereof. The County will spend on library services within the City (including lease payments for the La Quinta Branch Library facility and all other facility expenses), or transfer to the City Library fund, one hundred percent (100%) of library revenues from City or City Redevelopment Agency sources, including but not limited to revenues from redevelopment pass -through agreements, the library portion of the property tax and the library property tax increment, and the City portion of State -funded Public Library Foundation funds. The library revenues from City or City Redevelopment Agency sources, including, but not limited to, revenues from redevelopment pass -through agreements, the library portion of the property tax and the library property tax increment, and the City portion of State -funded Public Library Foundation funds shall be referred to hereinafter as the "La Quinta Revenues". An example of the La Quinta Revenues Fiscal Year 2003-2004 is attached as Exhibit A, showing La Quinta Revenues of $1,360,525.00. The guaranteed percentage per fiscal year will be as follows: Fiscal Year 2005/2006 - 100% of La Quinta Revenues Fiscal Year 2006/2007 - 100% of La Quinta Revenues Fiscal Year 2007/2008 - 100% of La Quinta Revenues Fiscal Year 2008/2009 - 100% of La Quinta Revenues C . 274 Fiscal Year 2009/2010 -100% of La Quinta Revenues The County shall have an MLS Librarian serving full-time at the La Quinta Branch Library. Estimated annual expenditures by the County on library services (does not include facility lease or other facility expenses) shall total at least $220,000 at the library located at 78-104 Calle Estado, generally distributed as follows: Labor and benefits $170,000 Automation Services $ 17,000 Courier Services $ 51000 Shared Costs $ 18,000 Administrative Costs $ 5,000 Materials $ 5,000 County will work cooperatively with the City on Library expenditures for the new library at 78-275 Calle Tampico. County will continue to allocate the library expenses which are shared by all library locations in the same manner as it has during the last MOU (i.e., divided equally by the number of library locations). County has indicated a total cost for operating the new library for Fiscal Year 2004/05 of between $450,000 and $550,000 (operational costs). County and City will work together on appropriate: A) staffing levels, B) hours of operation, and C) levels of service; all commensurate with the needs of the new 10,000 square -foot library (and any expansion thereof). Final determination on A, B, and C shall be at the sole discretion of the City based upon input of the County. Once all City library expenses are paid/deducted, one hundred percent (100%) of the remaining balance of the La Quinta Revenues will be transferred to the City Library Fund. County will present revenues and expenses to the City for review prior to transferring funds to the City Library Fund. The first transfer to the City Library Fund will be made by February 15 of each fiscal year. A second transfer will be made by June 30. A final reconciliation and payment shall be completed by February 1 of the subsequent fiscal year to allow for any year-end fiscal closing procedures of the County related to the prior fiscal year. Late payments by the County will result in the City charging the County interest, at the City pooled rate during the time of delinquency, based on the amount of the payment and the number of.days the payment is late. Once deposited, the funds in the City Library Fund shall be the sole property, and shall be under the exclusive control, of the City. The City shall have the right, at its sole discretion, to withdraw and use the moneys in the City Library Fund on any and all I ibrary-related expenditures including, but not limited to: (1) reimbursement for any City - paid cost and expense for the new La Quinta Branch Library, including but not limited to perimeter landscape installation, maintenance or replacement; lighting, custodial services, utilities, maintenance, replacement, and repair expenses relating to the new. La Quinta Branch Library, including replacement funds; (2) artwork or other enhancement expenditure in or around the new La Quinta Branch Library; (3) repayment of all debt incurred by the City in connection with the construction of the new La Quinta Branch library; (4) a monthly land lease payment to the City as compensation 275. for the use of the land upon which the new La Quinta Branch Library will be constructed and operated in the amount of $115,000 per year, as adjusted by a CPI adjustment on each July 1st following the Agreement Date; and (5) any and all other library -related expense as deemed appropriate by the City. Within 30 days following each deposit the County makes into the City Library Fund, the City will provide the County with a report outlining the then existing balance in the City Library Fund and the expenditures made since the County's last deposit. As used .herein, the term "CPI adjustment" shall mean the increase, if any, in the Consumer Price Index for Urban Wage Earners and Clerical Workers, Los Angeles=Riverside-Orange County average, All Items, 1982-84 = 100, published by the United States Department of Labor, Bureau of Labor Statistics (the "CPI"), by comparing (a) the CPI existing on the first day of that month that is closest to and precedes the July 1 adjustment date for which the Department of Labor has published the CPI, with (ii) the CPI existing on the first day of that same month of the previous year. No adjustment shall be made in any year in which there has been a decrease in the CPI. If the CPI is no longer published at any point during the term of this MOU, a comparable index shall be selected by the parties. In the event that State library revenues decrease significantly, the City reserves the right to revisit and/or renegotiate this MOU upon the request of the County, at the sole discretion of the City. SECTION 5: REPORTS/MEETINGS County shall provide City staff quarterly reports appropriate for City Council review. The reports shall be comprehensive and include a status on important library matters such as MOU payment schedule, all related expenditures, collections, programs, service levels, and other library matters of interest. Quarterly reports shall be due on or about the. following dates: September 15, December 15, March 15, and June 15 of each fiscal year of this MOU. In addition, the County Librarian or his/her designee shall attend quarterly meetings at a mutually agreed upon time with City, staff at City Hall to review submitted reports before City staff forwards such reports to City Council. SECTION 6: CITY LIBRARY COMMITTEE In order to enhance City input on library matters, the City may create a City Library Committee ("Committee"). The purpose of the Committee shall be to review library operations and make recommendations on library operations including, but not limited to, collection purchases, equipment purchases, hours of operation, and other library matters deemed appropriate for review by the Committee. The meeting locations and .times shall be as set by the Committee and agreed to by all parties. The County and City will consider input from this Committee to determine appropriate levels of library service. SECTION 7: CITY WITHDRAWAL FROM COUNTY LIBRARY SYSTEM; STATUS OF LIBRARY COLLECTION, FURNISHINGS, FURNITURE, ETC. C _ 276 All items purchased with La Quinta Revenues shall be the sole property of the City of La Quinta. In addition, if the City decides at a future date to withdraw from the County Library System, the City shall be granted the ownership of the then existing collection, equipment, furniture, or furnishings or for any collection materials, equipment, furniture or furnishing purchased prior to or during the term of this MOU for use at the La Quinta Branch Library. In negotiations, City and County have agreed that in recognition of the City of La Quinta's contributions to the County Library System over the past years, City will be given full credit for the value of the library collection and -equipment and will be granted ownership of the then existing collection and equipment without additional payment.. a. To ensure seamless. access to the City's library collection by Riverside County Library System patrons, if the City withdraws from the County Library System at the expiration of this MOU, City will strongly consider options to link its automated collection management system with the County's either (i) by contracting with the County for operation of the City's system, or (ii) by the City paying all costs to establish a fully interactive link between the City's automated system and the County's; and- b. If the City withdraws from the County Library System at the expiration of this MOU, the City would endeavor to become a member of the Inland Library System preserving their citizens' access to holdings in other public libraries in the Inland area (and vice versa). . SECTION 8: COMPLETE AGREEMENT Notwithstanding the foregoing, it is intended that this MOU sets forth the full and entire understanding of the parties regarding the matters set forth herein. Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved and implemented by the La Quinta City Council and the County Board of Supervisors. The waiver of any breach, term or condition of this MOU by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. The MOU is hereby executed and/or ratified by and between the following - authorized representatives of the City and the County. 277 COU OF RIVE 1 By ?upervisors y on airperson, Board � ATTEST: Nancy Romero Clerk of the Board Approved as to Form WILLIAM C. KATZENSTEIN County Counsel E By , Deputy, unty Counsel RUTAN & TUCKER M. KATHERINE JENSON By - M. Watherin6 Jenson, Cit orney • ' • • • ` Mayor C 278 DEC 2 1 2004 3, t 5— EXHIBIT A Example of Funding Source and Formula City of La Quinta Library Revenues Fiscal Year 2003-2004 Property Tax Estimated Tax Estimated Tax after ERAF shift to State $226,959.62 $119,487.53 Project 1 Pass through Project 2 $793,924.00 Redevelopment Pass through $401,696.00 State Public Library Foundation Funds $1.397485 per capita x Population (32,500) Total Library Revenue Formula: Revenue $1 19,487.00 $793,924.00 $401,696.00 $ 45,418.00 $1,360,525.00 Total Library Revenue x 100% = Amount to be spent within. La Quinta on City Library Services or Deposited in City Library Fund 279 ATTACHMENT 2 Executive Office County of Riverside Edie Hylton, Community Services Director City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253-1504 Dear Ms. Hylton: Larry Parrish County Executive Officer May 10, 2006 The purpose of this letter is to request that the City of La Quinta increase public hours at its new La Quinta Library from forty to fifty hours per week. The library's schedule is currently: Monday Closed Tuesday 10:00 - 8:00 Wednesday 10:00 — 6:00 Thursday 12:00 — 8:00 Friday 10:00 -4:00 Saturday 10:00 — 2:00 Sunday 12:00 — 4:00 Although the La Quinta Library is closed on Mondays, public libraries typically are more heavily used on Mondays than any other day of the week. The current hours are the same hours the library had when it was a small storefront facility. A fifty hour per week schedule would make the La Quinta Library's hours comparable to those at other larger libraries in growing communities throughout the Riverside County Library System, such as Palm Desert, Temecula, and the Glen Avon Library in Jurupa. The cost of staffing an extra ten hour day of library service (520 hours per year) is estimated at $99,798. . I believe the La Quinta community would value increased access to this beautiful city amenity and I recommend that the new hours go into effect on July 1. Thank you for your consideration of this request. Sincerely, Nancy Johnson Riverside County Librarian C; 280 Robert T. Andersen Administrative Center 4080 Lemon Street 9 4Ih Floor • Riverside, California 92501 • (951) 955-1100 • Fax (951) 955-1105 T 0 ity/ 4 4 a" COUNCIL/RDA MEETING DATE: May 16, 2006 ITEM TITLE: Consideration of Approval of an Amendment to the Criteria for the Veteran's Recognition Program RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: TT T1 W W1' TTT ♦ 7l Wl T4" r UJDUI% , In the last two years, the Community Services staff had difficulty interpreting the criteria for the Veteran's Recognition Program. In order to improve the consistency and to effectively validate eligibility for the Veterans to be honored, staff is requesting minor changes to the policy and to the nomination form that .is made available to the public. Some citizens have expressed that this process should be tightened up to give credit to those who have actively served in military duty. The challenge has been to identify the Veteran status for the Inactive Reserve Duty residents. In working with the Veteran's Administration, staff has made recommendations below that will hopefully clarify this issue. i- 281 • "Qualifying Veterans must have served their country in Active Duty as a member of a branch of military services in time of military deployment authorized by Congress and/or the President of the United States. Persons are also qualified that have served actively in a Military Reserve Unit for at least 6 years and that covered a deployment period." • "Qualifying Veterans must be primary residents of La Quinta for at least 3 years and registered to vote in the City of La Quinta." • "A Veteran's period of active military support and honorable separation or discharge must be supported. Nomination papers shall include a copy of the DD 214 form, Honorable Discharge certificate or.equivalent documentation showing periods of Active Service and Honorable Separation." FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Amend the Criteria for the Veteran's Recognition Program as Recommended by Staff; or 2. Do not amend the Criteria for the Veteran's Recognition Program as Recommended by Staff; or 3. Provide staff with alternative direction. Respectfully submitted, Edie Hylton, CoKhmunity Services Director Approved for submission by: G Thomas P. Genovese, City Manager C- 282 AGENDA CATEGORY: BUSINESS SESSION: 43716 COUNCIL/RDA MEETING DATE: May 16, 2006 CONSENT CALENDAR: ITEM TITLE: Consideration of the Community Services STUDY SESSION: Commission Work Plan for Fiscal Year 2006-07 PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: Fiscal implications are minimal for the Community Services Commission per the approved Work Plan. The fiscal year 06/07 Work Plan for monthly Commissioner payments and for one Commissioner to attend the CPRS Conference in April is $4,500. The projects and activities outlined in the Work Plan are included in the FY 2006-07 Community Services Administration budget. Some of the items in the Work Plan include a park and recreation Master Plan for $60,000 and the 25`" anniversary special events with a proposed budget of $50,000. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Community Services Commission (Commission), at its April 13, 2006 meeting, approved the final draft of the 2006-07 Work Plan (Attachment 1). The Commission's 2006-07 Work Plan contains, in addition to the generalized tasks, specific tasks the Commission believes it can accomplish during the fiscal year 2006-07. The specific tasks are listed on page 2 of the Work Plan and outlined in the following information: . 283 Task: Park and Recreation Master Plan - Commissioners will participate in the Community Needs Assessment process and host focus groups and community meetings to discuss the needs of citizens regarding parks, trails, open space, recreation services, facilities, and cultural arts. Task: Review of Park Plans - Review proposed park development projects for appropriateness to the community and host public meetings for proposed projects. Task: Liaison to the Community - Promote cultural, recreation, and leisure programs in the City of La Quinta. Attend Mayor's Luncheon and Chamber functions on a regular basis. Invite service provider representatives to the Commission meetings to inform the Commission and describe services available to the community. Task: Community Events and Unity - Host the Community Concerts, Community Birthday Party and Picnic, Tree Lighting Ceremony, and participate in the 251n Anniversary events. An Attendance Schedule for 2004-05 is included (Attachment 2). Task: Park Management Program - Promote well maintained park facilities by development and approval of a park management program. Task: Advisory to the Council - Be actively involved in City issues, receive direction from the City Council and take action as directed. Maintain communication with the City Council and provide City Council with an Annual Work Plan. Review grant opportunities and make recommendations for funding to the City Council. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the Community Services Commission's 2006-07 Work Plan; or 2. Do not approve the Community Services Commission's 2006-07 Work Plan; or 3. Provide staff with alternative direction. (- 284 Respectfully submitted, E d i e Hylton, ommunity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Final Draft Version of the Community Services Commission 2006-07 Work Plan 2. Commissioner Attendance Schedule for 2005-06 285 ATTACHMENT 1 City of La Quinta Community Services Commission Work Plan 2006=2007 1-10 0 = 7 -= ?*: INcoavoRATM �� ,J .• t 7l12 �^ 1� OF Approved by City Council on 236 COMMUNITY SERVICES COMMISSION PHILOSOPHY The general purpose of the Community Services Commission is to encourage the development of a planned and orderly approach to the delivery of leisure and community services in the City. The objectives of the Commission are to: ♦ Serve in an advisory capacity to the City Council on identifying matters pertaining to recreation, arts and community services ♦ Communicate the availability of services to citizens. through both private and public resources to avoid duplication and conflict of effort ♦ To evaluate the effectiveness of services provided ASSIGNMENT ITEMS: PAGE 2006-07 Specific Goals and Objectives 2 Park and Recreation Master Plan 3 Park Planning and Development 4 Liaison to the Community 5 Community Unity and Events 6 Park Management Plan 7 Advisory Body to City Council 8 t. 287 S:\CityMgr\STAFF REPORTS ONLY\B3 - attachment - 2006-07 Work Plan..doc 2006-07 Specific Goals and Objectives Assignment Items Goals and Objectives Recreation / Parks Host Community Meetings to hear stakeholders, citizen input and community needs for recreation, arts, programs, facilities and parks. Review and comment on Parks and Recreation Master Plan and present for City Council consideration: To be presented for Commission review in February 2007. Liaison To Community Contact and arrange for service providers to attend Commission meetings to describe services available to residents: • Coachella Valley Vector Control • Waste Management • Santa Rosa/San Jacinto Mountains National Monument • La Quinta Community Policing Officer • La Quinta Chamber of Commerce • Emergency Preparedness Community Unity Host Community Picnic and Birthday Bash, Community Concerts and participate in the 25th Anniversary Events throughout the year. Park Management Plan Develop a park management plan that serves as a preventive maintenance and management of existing public park facilities. 2 Task: Recreation/Parks Master Plan Completion Date: February 2007 Participants: Commissioners Suggested Resources: Master Plan Consultant, Community Members, Community Services Staff Steps To Completion Commissioners will participate in the Community Needs Assessment process and host focus groups and community meetings to discuss the needs of citizens regarding parks, trails, recreation services facilities, cultural arts and open space needs. Commissioners will review complete report and make recommendations to the City Council. Staff Time: 8-10 hours per week during needs assessment phase of project. Fiscal Commitment: $60,000 plus staff time Staff Role: Provide support and liaison to the City Council Council Role: Provide direction to Commission to fulfill this assignment Reference: Chapter 2.95.040 (a)(3): Prepare and maintains Community Service Master plan;(5) Serve as a public forum and conduct public meetings for recreation and park concerns;0 4):Make recommendations to the City Council relating to the need for evaluation and planning of the community service delivery system;(18): Evaluate and make recommendations. concerning existing services with regard to ,service overlap or gaps. Participants: Commissioners, Staff and Community r` 289 3 Task: Review of Park Plans Suggested Resources: La Quinta Comprehensive General Plan Steps To Completion: Review proposed park development projects for appropriateness for the community, host public meetings for proposed park projects Staff Time: 30-40 hours per project depending on scope of project► Fiscal Commitment: Undetermined Staff Role: Provide support and liaison to the City Council Council Role: Include the Commission in the design and development process and conduct public hearings. Review and consider Commission recommendations Reference: 2.95.040 (5) Serve as a public forum and conduct public hearings (1 1): Review individual park master plans for recommendation to City Council. C� 290 0 Task: Liaison To The Community Completion Date: On -going Participants: Commissioners Suggested Resources: Community Services Department Program Brochure, Chamber of Commerce Newsletter, Desert Sands Unified School District, other community agencies and organizations Steps To Completion: • Promote cultural, recreation and leisure programs in the City of La Quinta Attend Mayor's Luncheon and Chamber Functions and provide a report to the Commission on a timely basis • Invite service provider representatives to the Commission meetings to inform the Commission to describe services available to the community. Staff Time: One to two hours per month Fiscal Commitment: None Staff Role: Provide. support and liaison to the City Council. Council Role: Provide Commission with specific methods as to how to best represent the Council. Reference: Chapter 2.95.040 (a) (12) Aid in coordinating the park and recreation services of other governmental agencies and volunteer organizations; Chapter 2.75.040(6) Work cooperatively with City Board, commissions and committees and other public and private organizations promoting art and cultural activities within the City.(13) Make recommendations to the City Council on community issues. r 291 61 Task: Community Unity and Events Completion Date: On -going Participants: Commissioners Suggested Resources: Community Resources and Agencies Steps to Completion: Host the Community Concerts, Community Picnic and the City of La Quinta 25th Birthday Celebration, Tree Lighting Ceremony and other special events held during the 25th anniversary year. Staff Time: 50-80 hours per event Fiscal Commitment: $50,000-60,000 Staff Role: Provide support and liaison to the City Council. Council Role: Provide Commission with direction/comment Reference: Chapter 2.95.040 (a) (17):Foster mutual understanding and respect among racial, religious, cultural and nationality groups. Q 292 , 2 Task: Park Management Program Completion Date: Fall 2006 Participants: Commissioners Suggested Resources: Various public agencies in the community Steps to Completion: Promote well maintained park facilities by developing a park management program. Staff Time: 2-4 hours per week Fiscal Commitment: None Staff Role: Develop plans for park management program for the Commission to review and approve. Council Role: Provide approval for Commission to fulfill this assignment Reference: Chapter 2.95.040 (10): Review parks maintenance standards and quality. 293 7 Task: Advisory Body to City Council Completion Date: On -going Participants: Commissioners Suggested Resources: To Be Determined Steps To Completion: • Be actively involved in City issues and concerns • Receive direction from City Council and take action as directed, accept assignments • Maintain communication with the City Council • Provide annual work plan for Council review, comment and approval • Review grant opportunities and make recommendations for funding to the City Council Staff Time: 4-6 hours per month Fiscal Commitment: None Staff Role: Provide support and liaison to the City Council. Council Role: Provide Commission with specific direction as to how to better assist the Council. Provide opportunities to meet with Council through joint meetings. Reference: Chapter 2.95.020 (a): to serve as an advisory capacity to the City Council; 2.95.040 (a) (4) : receive and act on all assignments made by City Council; 2.95.040 (a)(5) Serve as a public forum and conduct public hearings for recreation and human service concerns; 2.95.060 (C): The City Council shall periodically review the progress of the Commission. 294 Na. y LO r a o c .J O C N C O Jb O c N c O c � V W I owl a; � c o F- +-J C +J C +J C 4-J C 4-J C +-J C +-J C +-j C +� C +� C C C o N se z �[ �[ ,C (n � � � N co co m c0 c0 N L Na) L Q) Q) L Q) X Q) o o 0 0 13- CL CL CL a_ a- CL a_ I c c c c c c C C c Q) Q) Q) W CD � _Ile � � w U) U) ► L co L. c6 L cc L co L c6 Q) Q) L- Q) Q] L- L L L 0 0 0 0 0 - a. � 0- a.�� 0- a_ i c c c c C c c (n cn (n (1) ► CU co cu cu c L- L- �! i% L L- L 0 0 0 0 o Z a a. a_ a_CL CL J C C C C c c C c C N U) � N � cn N N a) L cc L co L ca L L L Q) LL Q) L Q) L L L L L 0 o o cc a- a- a s CL a J C C C C C C C C C C C Q) Q) O Q) Q) Q) Q) Q) Q) U) � � N � N L co L co L c6 L co L c W a) (D Q) Q) a� a� a�CD o ^^L 1 /�L CL a //��L I..L //��L r L //�L� 0 ^L LL //��L 0- //��L LL ^^L 1. - ^^L I..L �-- E U C = = C � O O L U CY 0 U A X w w w — o C a o E E �. J 0 O Q)co ai Qi Qi CD L L � N '� E O E E~ O t C - 5 75 ++ > C► lul C (a w '' O C 295 T 0 j 10 ,00d,f��agbMw AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: May 16, 2006 BUSINESS SESSION: ITEM TITLE: Discussion of La Quinta Sphere of Influence and Potential Annexation Policy CONSENT CALENDAR: STUDY SESSION: L PUBLIC HEARING: RECOMMENDATION: Discuss the impacts on the City and provide staff with direction. FISCAL IMPLICATIONS: The City Council has budgeted monies for a Strategic Plan, Fiscal Study, LAFCO Plan for Services, draft Pre -annexation Development Agreement, and support services. In the preliminary Fiscal Year 2006-07 Budget, the Council will consider budgeting for expanding the Development Impact Fee Program, LAFCO processing fees, Public Works programs, and other support programs. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The purpose of this Study Session Report is to provide the City Council with background information regarding a number of issues. The key topic addressed in this report includes existing County planning programs, existing County policies, current County developments, City development standards, overview of a proposed Sphere of Influence (SO'I) development proposal and a City Strategic Plan. Staff seeks City Council comments and direction regarding the items outlined in this report. In preparation for dealing with the new SOI, the City Council has acted pro -actively to add three new positions to the Community Development Department (two planners and one office assistant). The, City Council has also budgeted monies for a Strategic Plan, Fiscal Study, LAFCO Plan for Services, draft Pre -annexation Development 296 Agreement, and support services. In the preliminary Fiscal Year 2006-07 Budget, the Council will consider budgeting for expanding the Development Impact Fee Program, LAFCO processing fees, Public Works programs, and other support programs. Please refer to Item 6 for an overview of the Proposed SOI Work Program. The purpose of this SOI Work Program is to coordinate public workshops and develop planning, building, public works and financial programs which are consistent and compatible with existing La Quinta programs. The SOI Work Program is intended to provide the City Council sufficient information to fully evaluate future annexation requests. Once properties are annexed, the City's zoning designations cannot be modified for a period of two years. Lastly, staff has received several inquiries regarding when pre -annexation development permit applications can be submitted. At least one property owner is ready to submit a Specific Plan and Tentative Tract Map applications. In light of the discussion provided at the recent joint City Council/Planning Commission of May 9, the following information is provided for City Council discussion. 1. County Programs: • Vista Santa Rosa Community Counci'I - The Vista Santa Rosa Community Council (VSRCC) was created by the Board of Supervisors in November of 2000 (Resolutions #2000-319 and #2002-257 — Attachment 1). The VSRCC consists of five members who are appointed by the Riverside County Board of Supervisors. The purpose of the VSRCC is to advise the Board of Supervisors on matters pertaining to public health, safety, welfare, public works and planning. The VSRCC is limited to conducting public meetings and adheres to the Brown Act. Prior to its creation, the Vista Santa Rosa area was represented by the Thermal Community Council. The VSRCC is one of ten Riverside County Community Councils. The VSRCC was created by the Board of Supervisors and once properties are annexed it would have no legal standing for annexed properties. This body would remain as long as the Board of Supervisors determines it is useful and properties within this area remain unincorporated. • Vista Santa Rosa Planning Task Force - Recently formed, the Vista Santa Rosa Planning Task Force (PTF) was established by Supervisor Roy Wilson for the purpose of conducting a land use planning study of the Vista Santa Rosa area. This effort is in response to policy established in the 2003 Riverside County General Plan which calls for the preparation of a land use plan for the Vista Santa Rosa Community (Eastern Coachella Valley Area Vista Santa Rosa Policies — Attachment 2). PTF members were invited by Supervisor Wilson and include representatives from the Vista Santa Rosa Community. Council,. property owners and developers. The City of La Quinta was also invited and Community Development staff is attending. A list of PTF members has been requested and will be forwarded to Council upon receipt. The PTF is �, 297 scheduled to make a recommendation this summer to Supervisor Wilson and County planning staff. The recommendation and staff comments will ultimately be forwarded to the Board of Supervisors for acceptance. The accepted land use map will assist decision makers until the next Riverside County General Plan amendment in 2007/2008 when the accepted land use map will be incorporated into the Plan. A similar task force was formed in 2002, which assisted County staff and decision makers in the General Plan formation process. This effort led to the development of the current policy area and overlay. Work of the previous task force also included assistance with the design guidelines, which were established in 2004 (Attachment 3). This body would remain in existence as long as Supervisor Wilson determines it is needed to assist in implementing the County General Plan. Once property is annexed the property would no longer be subject to the County General Plan. • South Valley Parkway Implementation Program - In response to several large development proposals under consideration in the eastern Coachella Valley, the Riverside County Board of Supervisors established the South Valley Parkway Implementation Program earlier this year (Attachment 4). The Program represents an effort to ensure that roads and other community facilities are provided in advance of or as development occurs and at no cost to the residents of existing communities. The parkway is focused upon Avenue 62 but includes potential road improvements to many other roads in this area. The Program also identifies a forthcoming phasing and funding plan. As noted above, the VSRCC and PTF serve at the pleasure of Riverside County. Staff would anticipate that both bodies will monitor planning and development activities within the city and actively participate. The City Council may want to discuss these bodies and provide staff with direction regarding City planning and development programs. Staff will be meeting with Robert Johnson, Riverside County Planning Director next week to discuss the PTF and related issues. 2. County Policies: • Vista Santa Rosa Policy Area - The 2003 Riverside County General Plan identifies the Vista Santa Rosa Area within the Eastern Coachella Valley Area Plan. This includes a community description and limited number of policies. • Vista Santa Rosa Design Guidelines - Established in 2004, the Vista Santa Rosa Design Guidelines are used in conjunction with ,the Riverside County Design Standards and Guidelines. The current County Policies and Guidelines have been used to guide proposed development applications and are used by VSRCC to evaluate proposals and provide comment to Riverside County Planning Commission, Board of Supervisors, and staff. The City Council may want to provide staff with direction regarding how these policies and guidelines may be considered in evaluating City land use policies for this area. 3. County Projects: Over the past several months, the Riverside County Planning Department has received multiple applications for general plan amendments, rezones and tentative tract maps within the SOL There have been a limited number of applications for large lot (5 acres or greater) maps; however, the majority of map applications have lots sizes in the 10,000 to 15,000 square foot range surrounded by perimeter buffers. Copies of the maps and a vicinity map have been provided (Attachment 5). Please note that the attached maps do not represent all maps currently in process. Community Development staff is working with Riverside County Planning Department staff in an effort to specifically identify all tentative and final maps within the SOL 4. City Development Standards: City pre -zoning of the recently created SOI is predominately Low Density Residential (RL). There are significantly smaller areas zoned Medium Density Residential (RM), Neighborhood Commercial (CN), Community Commercial (CC), Industrial (1) and Major Community Facilities (MC). The development standards for theses zoning districts are attached. (Attachment 6) Applicable subdivision standards from La Quinta Municipal Code Title 13 are also attached. (Attachment 7) Please note that in accordance with State law the general plan and zoning designations of an annexed area cannot change for a period of two years after annexation has occurred except when City Council makes a finding that substantial change has occurred that would necessitate departure from the pre -zoning. (Attachment 8) 5. Case Study — The Enclave: For more than a year Bayshore Development Company has been meeting with staff and discussing a proposal to annex approximately 160 acres into La Quinta located at the northeast corner of Monroe Street and Avenue 62 in order to develop 474 single family homes. The development design is similar in design to other existing single family neighborhoods in La Quinta being comprised of a mixture of one and two story residences with a project density of 3 dwelling units/acre. As currently proposed, the development proposal consists of an entrance on Monroe Street and another on Avenue 62. 299 The developer has described the design theme as "desert oasis" primarily due to the proposed native desert landscape accented with pockets of dense vegetation. The subdivision design consists of a combination of front and rear load homes with each "village" of the proposed development utilizing alleys. A linear park or paseo will be centrally located and run in an east -west fashion. The project will include two community recreation facilities anchored by two junior Olympic sized pools. Perimeter landscaping design is proposed similar to other projects in south La Quinta utilizing a parkway area with a meandering multi -purpose trail, split rail fence and perimeter wall at the property lines for the abutting residential lots and common areas. Illustrated examples of the proposed development are attached. (Attachment 9) 6. Strategic Plan: The purpose of developing a Strategic Plan is to evaluate the overall effects of future annexation including staffing levels, infrastructure needs, community design criteria, parks and recreation, public safety, and fiscal consequences. Future annexations will require immediate expansion of City services while municipal revenue will be limited due to Riverside County RDA and low tax base for agricultural land. The SOI work program, which includes additional information regarding the Strategic Plan, is attached. (Attachment 10) 7. Application Process: As noted in the introduction, the City should consider when it wants to accept specific development applications. Once a SOI is established, cities often accept pre - annexation development applications. Such applications are then processed in accordance with City policies and ordinances. If approved, conditions are added which require the property to be annexed prior to any permit approvals. In addition, to review standard development applications, the City would conduct a detailed project land fiscal impact analysis. As described in #6 above, the City budgeted for a Strategic Planning Process. The City Council could determine that it would be appropriate to wait until this process is completed to better evaluate proposed developments. This process would optimistically take several months once a team is assembled. Additionally, the items listed in the implementation program will require additional study and time. Acknowledging the City Council's desire to move quickly, it may desire establishing a policy for the submission of pre -annexation development permit applications. This policy could include any number of items relative to ensuring that if pre -annexation permit review is to be undertaken, it could realistically result in a timely and successful annexation request. In its SOI decision, LAFCO adopted the following policies: 300 1 . Future annexations should be inclusive rather than exclusive in nature. The preference would be for larger, more comprehensive annexations rather than for many landowner drive annexations. Inclusive meaning to include inhabited territory or lands where the landowners have not provided written support for the annexation. 2. Future annexation boundaries should avoid the creation of isolated pockets of unincorporated territory surrounded by more than one city. These isolated pockets of unincorporated territory create costly service provision boundaries and potentially degrade the quality of services provided to those areas. Commission may consider conditions for service provision agreements to provide service to exclude areas as compliance with this policy. 3. The Cities of La Quinta and Coachella, along with the County of Riverside should work to recognize inhabited areas existing within their respective Spheres of Influences and promote increased communications with those inhabited areas. The Cities of La Quinta and Coachella should send a representative to Community Council meetings on a regular basis to promote a dialogue between the residents and the cities. Additionally, the County of Riverside, the Cities of La Quinta an Coachella should work together to promote development of co-operative land use policies and development standards within each City's Sphere of Influence, so that any future development approved within the unincorporated territory within that City's Sphere, would meet the respective City's development standards, thus making for a smoother transition for future development. This criteria will be utilized by LAFCO and its staff to evaluate future annexation applications. Staff suggests the City Council discuss and direct staff to prepare a policy for acceptance of pre -annexation development permit applications so that proposed developments with a low probability of being annexed in the near term do not divert City resources. Several concepts for making this consideration are as follows: 1. The subject property is adjacent or across a public street from the existing City limits. 2. If the subject property is not adjacent or across a public street, the applicant shall submit a property ownership diagram showing all intervening properties and properties within one quarter of a mile. In addition, the applicant shall solicit letters of support for annexation to the City from all property owners within the boundaries of the diagram. The applicant shall send registered letters 301 to all such property owners, provide proof of service to the City and provide the City with copies of all letters received. FINDINGS AND ALTERNATIVES: The alternatives available to the Council include: 1 . Discuss the impacts on the City and provide staff with direction. Respectfully submitted, � sff�044 Douglas E ns Community Development Director Approved for submission by: r Thomas P. Genovese City Manager Attachments: 1 . Riverside County Resolutions #2000-319 and #2002-257 2. Eastern Coachella Valley Area Plan — Vista Santa Rosa Policies 3. Vista Santa Rosa Design Guidelines 4. South Valley Parkway Implementation Program 5. Riverside County Projects 6. City of La Quinta Zoning Development Standards 7. City of La Quinta Subdivision Standards 8. California Government Code Section 56375 9. The Enclave - Illustrations 10. S01 Work Program 302 303 05/11/2006 16:01 FORM 11 (Rev. WN) FROM: Roy Wilson SUBJECT: 7608638905 SUPERVISOR WILSON ATTACHMENT 1 SUBMITTAL. TO THE BOARD OF SUPERVISORS ; � `,•. COUNTY OF RIVERSIDE STATE OF CALIFORNIA v SUBMF TTAL DATE: November 7. 2000 RECOMMENDED MOTION: 0 That the Board of Supervisors approve Resolution No. 2000-318 d creating two separating the Thermal Community Council and the community of Vista Santa Rosa Orateln establishes a separate Community Councils. This Resolution 2000-318 represents and separately community council for the Community of Vista Santa Rosa. ® District No. 4 JUSTIFICATION,. Community councils have been established in several unincorporated communities atter n eastern Riverside County, and have proven very successful in providing input to the Boar concern to the residents of eastern Riverside County_ They serve the purpose of advising the Board on matters pertaining to public health, safety, welfare, public works and planning. is of vista Santa Rosa are united in their commitment to retain the ranch styleand equestrian 7h® residers and Vista Santa Rosa �Y lifestyle that is predominant in the area. the Thermal unincorporated areas, The two communities will benefit want to retain their unique identities and prefer to remainstun' !oo o forward in developing their communities from the separation in that each will have the opportunity hereby establishes a community as determined by their residents. Resolution No. 2000-318 (copy attached Y council for the community of Vista Santa Rosa. MMTES OF THE BOARD OF SUPERVISORS On motion of Supervisor Buster, seconded by Supervisor Wilson and duly carried by' unanimous vote, IT WAS ORDERED that the above matter is approved as recommended, Ayes: Buster, Venable and Wilson Noes: None Absent Tavaglione and Mullen Date: Novembkr 7, 2000 xe: Supv_ Wi ota, Co.Co., Council, COB(2) Prev.Agn_ref. Gerald o1a Clergy f o JtV 304 Deputy Dist. O. 4th f 05/11/2006 16:01 7608638905 SUPERVISOR WILSON PAGE 03 1 2 3 A 11 5 6 7 S 9 10 11 12 13 16 17 18 19 20 21 22 23 24 2! 2E 21 to d of u e isv . SoLi� oN O 2000-318 �XIPARAZ'ELY EST BL s9NG C UNC V ST SANTA OSA, CO Coup of Riverside WHERE,AS, GoveMment .Code Section 31010 allows forthe creation of a CoxxnmunitY Council. within unincorporated territory of a county for the purpose of advising the Board of Supervisors on ited topublic health, safety, welfare, public works and Planning arising in a matter's including, but not 1nm specifically defined area; and isors has adopted Board Policy No. A 51 providing for the WHEREAS, the Board of Supery establishment of such Community Advisory Councils; and September 21, 1999 this Board adopted Resolution No. 99-196 aTnending the WHEREAS, on. ' Council to revise its boundary lines and separate therein the Conlamunity of Oasis; Thermal Co unity and WHEREAS, it is now desirable that two separate Communities, i.e. the Coammuay of Thermal and the Community of Vista Santa Rosa be created and have their own separate Community Councils; and NOW, THEREFO RE BE IT RESOLVED AND ORDERED by the Board of Supervisors of the • regular session assembled on November 7, 2000, that the is in County of Riverside, State of Cahfoz�xn gu Vista Santa Rosa Community Council is hereby separately created. BE IT FURTHER RESOLVED AND ORDERED that the operation of the Vista Santa Rosa Cotnmuntty Council hereinafter referred to as "Council") shall be in compliance with the following enumerated rules, regulations, and procedures: l jEgRLLQRY. The territory for which the Council is established, and over which it eaten is situated within the area generally ally known as Vista Santa Rosa, as more specifically shown on the attached map, labeled Exhibit `°A"• 2. MEMBERSHIP. The Council shall consist of five (5) appointed members, each of whoa g shall be a registered voter residing within the boundaries of the territory described inSection 1 Membership ershi on the Council shall. automatically cease in the even such member no longer xuaintain: I 305 05/11/2006 16:01 7608638905 SUPERVISOR WILSON PAGE 04 3 4 5 6 7 8 9 10 it 12 . 13 14 15 16 17 l8 19 20 21 22 23 24 25 2f j2 i 2l residence within said area, or has failed to attend three (3) consecutive meetings of the Council within a 2 roorrth period. �EN'�' 3 , INCzJIv} hM RS. Members currently servyng on the Council who reside witbin il for the remainder of . ,'M' shall continue to hold their positions on the Counc he area included in Badubrt heir present tens. 4. R S. The first tbaree of five members appointed shall be appointed to a tern of four (4) Years. The remaining two of the five members, who are at first appointed, shall be appointed to a term of two (2) years. AFIo intarx�errts made upon the expiration of the terms of the initial members shall. be for j four years. 5. ,A,PPO TIVXENT 0 HIP. In accordance with Board of Supervisors Policy A- y of anCommunity Council or Municipal Advisory Council formed S 1 (November 12, 1996) znemb ions of Polie A-51 are to be appointed by the Supervisor of the District and approved by a after adopt Y majority of the Board. 6. VA CANCI S. Vacancies occurruag due to death, resignation, or a member moviu�g out of rY the council territory shall be filled by an appointment made by the Supervisor of the District. delegate a ointment to fill vacancies to the remaining council Altearnatively, the Supervisors may g pP members. Personas appointed to fill a vacancy shall serve for the remainder of the unexpired term,, 7. OFFI CERS. The Council shall once a year choose from among its members a presiding officer, an assistant presiding officer, and a secretary. 8. YLAWS. No bylaws shall be required to be adopted by the Council. The Council shall aoaalce and beep a current standing order providing for the time and place of holding regular meetings. B laws which the Council shall adopt shah not duplicate or conflict with this resolution ox any Any y statute, ordinance or Board Policy providing for or establishing a Community Council or governing its conduct. E CS. The Council skull determine the number of its regular stings; which shall 9. and sball by standing order, fix the tune and place therreof, which shall be within the be at least quarrterlY� County of Riverside. The calling, giving notice, and conducting of mEeet* S Shall be in accordance witlr the Ralph M. Brown ,Act (Government Code Section 549007 et seq.). � ` 3 06 OFA 05/11/2006 16:01 7608638905 SUPERVISOR WILSON PAGE 05 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2! 2( .2' 21 A quorum shall consist of a majority of the members of the Council not � o. uon � p,,n action of the Council shall require aff�zmative votes of not less than a .punting vacant positions. Y than quorum rr�y adjourn a �xmeetixag sine dire or to a specified time and p Ce. luoruxn, except less a � 11. pURE_S. The Council shall advise and recommend to the Board of Supervisors respecting my matter upon which. such advice or recommendation is specifically requested by the Board. As it deems appropriate, the Council may request, pursuant to Section 31010 of the Government Code, that the Board of Supervisors allow the Council to represent the Community to a state, county, city, special district or school district, agency or commission, or any other organization on any matter concerning the community. TS. The Council may file a special. report whenever the Council deems it 12. PO appropriate, and shall file a report when requested to do so by the Board of Supervisors. 13. INIJEBT_DNESS. The Council shall not be authorized or empowered to enter into any contract, oral or written, or otherwise incur any indebtedness in the name of or ' behalf of either itself, the Board of Supervisors, the County of Riverside, or any officer, agency or employee thereof. 14. DU�Tl __ OF TEE CO. NNCIL. Should it be determined that the Council is no longer fiutctloznng consistent with Government Code 31010, the regulations and procedures set forth in this ' subsequent adopted rules, regulations, resolutions or bylaws, or that the need for the resolution or any ' longer exists, a public hearing shall be conducted by the Board of Supervisors to determine if COUnCII no the Council should be dissolved. Following the public hearing the Board shall make its decision. 15. CIS ON RESOLUTIONNO 99-196. Resolution No. 99-196 previously adopted by this Board on September 21, 1999 is hereby rescinded and replaced by this Resolution No. 2000-318. f,; �IBONELLM000 Kesdutjow\20W3 a $.doc Roll Call: Ayes: Buster, Venable and Wilson Noes: None Absent: Tavaglione and Mullen Th� %re�tng. Fr d b b� =Fy,,of s _ rasotuticn rtvty adop y . VON- visor3 on the a try r G�aAI A. N.2Y .olsWd'Soard ay ( . 30r 3 3.23 11-7-00 05/09/2006 PAGE 05 f a *+ p � v SUBJECT: Resolution revising the boundaries of Vista Santa Rosa and rescinding the rol existing resolution. RECOMMENDED MOTION: The Board approve the attached revised resolution, revising the�2 boundaries of the Vista Santa Rosa Community Council. 12:58 7608638905 SUPERVISOR WILSON wwwi•io 1 1 r+i. i v i nr- t5VHKU Vh SUPERVISORS COUNTY OF RIVERSIDE, STATE OF CALIFORNIA FROM: Supervisor Wilson SUBMITTAL DATE: July 1, 2002 JUSTIFICATION: The Vista Santa Rosa Community Council boundary lines were established by Resolution No. 2000-318 In November, 2000. Inadvertently, the northernmost portion of unincorporated territory on the south side of the Cities of Indio and Coachella was omitted from the VSR boundaries. It is logical that this area belongs to the Vista Santa Rosa community. Moreover, the Vista Santa Rosa Task Force, created to separately plan the VSR community, Includes this unincorporated "Island." Some confusion 'now exists because the two panels — one standing, and one ad hoc --do not comprise the exact same territory. Adding the area north of Avenue 52 and south of the city limits of Coachella and Indio would rectify this oversight. Supe MINUTES OF THE BOARD OF SUPER On. motion of Supervisor Buster, seconded by Supervisor Wilso d duly carried by unanimous vote, IT WAS ORDERED that the above matter is approved as recom tided. Ayes: Nocs: Absent: Date: xc: Prev.Agn.ref. (M11-ccb (Rev.1/97) Buster, Tavaglione, Venable, Wilson and Mullen None None July 2, 2002 Supv, ilson, Co.Co., Council Dist. 4th AGGIENDA Nb.,3• i 05/09/2006 12:58 7608638905 SUPERVISOR WILSON PAGE 06 I 2 3 4 5 6 7 a a 10 11 12 13 14 �15� 16 17 18 19 20 21 22 23 24 25 26 27 28 I Board of Supervisors RESOLUTION NO.2002-257 Coup of Riverside REVISING BOUNDARIES AND RESTATING THE ESTABLISHMENT OF THE VISTA SANTA ROSA COMMUNITY COUNCIL WHEREAS, Government Code Section 31010 allows for the creation of a eommu.nity council within unincorporated territory of a county for the purpose of advising the Board of Supervisors on matters including, but not limited to, public health, safety, welfare, public works and planning arising in a specifically -defined area; and WHEREAS, the Board of Supervisors has adopted Board policy No. A-51, providing for the establishment of such community advisory councils; and WHEREAS, the original boundary lines describing the limits of the Vista Santa Rosa Community Council inadvertently omitted northenmost territory long considered part of the community; now, itherefore, BE IT RESOLVED .AND ORDERED by the Board of Supervisors of the County of Riverside, State of California, in regular session assembled on July 1, 2002 that the establishment of the Vista Santa Rosa Co=unity Council is hereby re -stated, with expanded boundaries, as described below. BE IT FURTHER RESOLVED ,AND ORDERED that the operation of the Vista Santa Rosa Community Council (hereinafter referred to as "Council"), shall be in compliance with the following enumerated rules, :regulations, and procedures: 1. TERRITORY- The territory for which the Council is established, and over which it ..xtends, is situated within the area generally known as Vista Santa Rosa, as more specifically shown on. .he attached map, labeled Exhibit "A". That territory is bounded on the north by the cities of Indio and ,oachella; on the east by the City of Coachella or Harrison Street, whichever is further west; on the south )y ,Avenue 66; and on the west by Monroe Street. 2. MEMBERSHIP. The Council shall consist of five appointed members, each of whom :hall be registered voters residing within the. boundaries of the territory described in above. t V9 —1/zl c#z 3-3/' 05/ 09/ I2006 12: 58 7608638905 SUPERVISOR WILSON PAGE 07 1 2 3 4 61 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 `8 Membmhip on the Council shall automatically cease in the event such member no longer maintains a residence within said area, or has Failed to attend three (3) consecutive meetings of the council ncil within a 12- month period. 3• TERMS. Term of office for all members of the council is four years. Appointments made upon the eXpiration of current terms of the council members shall also be for four years. 4. APPOINTMENT OF MEMBERSHIP. In accordance with Board of Supervisors Policy IIA-51 (November 12, 1996) members of any Community Council or Municipal Advisory Council formed 11 after adoption of Policy A-51 are to be appointed by the Supervisor of the District and approved by a I I majority of the Board. 5. VACANCIES. Vacancies occurring due to death, resignation, or a member movilag out of the Council territory shall, be filled by are appointment made by the Supervisor of the District. Alternatively, the Supervisor may delegate appointment to fill vacancies to the remaining council members. Persons appointed to fill a vacancy shall serve for the remainder of the unexpired term. 6. OFFICERS. The Council shall once a year choose from among its members a presiding officer, an assistant presiding officer, and a secretary. 7. BYLAWS. No bylaws shall be required to be adopted by the Council. The Council shall make and beep a current standing order providing for the time and place of holding regular meetings. y i la vs ; to -:be adopted -:by Council shall not duplicate or conflict With this resolution or any statute ordinance or Board Policy providing for or establishing tl0 Community Council or governing its conduct. 8. MEETINGS. The Council shall determine the number of its regular meetings, which shall be at least quarterly, and shall by standing order, fix the time and place thereof, which shall be within the County of Riverside. The calling, giving notice, and conducting of meetings shall be in accordance with he Ralph M. Brown Act (Geve6ment Code Section 54900, et seq.) 9 QLORUM. A quorum shall consist of a majority of the members of the Council not :ounting vacant positions. Any action of the Council skull require affirmative votes of not -less. -than a Juorum, except less than a quorum may adjourn a meeting st-he' - l`ie or to a specified time and place. N C. 310 05/09/2006 12:58 7608638905 SUPERVISOR WILSON PAGE 08 1 .�, 2 3 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 27 -"28 �0"'• "::RZ1IAL .OE A.1VtEBR. - N..Oty ith�tandrn d. ecY� "•. ;v,.,;, .•:.. .;.. SP•.. ';1+itr;.o`: a::. for a i ` .oa oaf S.0 a visors may-reme o�vriyub witht.;,,.c, a •'PJSA,TION �yj'i✓11i✓. l✓ac meirri er s13a1 serve4ittilt i' inzbursemenut of expenses unless. th . d ..o. ervvi se pxoyided m ;aceordan ith stO oiowa 6 ; st �"o' n- au�iori.zfng the same a}d":�,, xfyi�g-.tha �etai��:.thereaf. 12. DUTIES, The Council shall advise and recommend to the Board of Supervisors respecting any matter upon which such advice or recommendation is specifically requested by the Board. As it deems appropriate, the Council may request, pursuant to Section 31010 of the Government Code, that the Board of Supervisors allow the Council to represent the Community to a state, -county,, city, special district or school district agency g y or commission, or any other organization on any matter concerning the community, 11. REPORTS. The Council may file a special report whenever the Council deems it appropriate, and shall file a report when requested to do so by the Board of Supervisors. 12. INDEBTEDNESS, The Council shall not be empowered to enter into any contract oral or writted or otherwise incur any indebtedness in the name of or in behalf of either itself, the Board of Supervisors, the County of Riverside, or any officer, agent or employee thereof 13. DURATION OF THE COUNCIL. Should it be determined that the Council is no longer functioning consistent with Government Code 31010, the regulations and procedures set forth in this resolution or any subsequent adopted rules, regulations, resolutions or bylaws, or that the need for the Council no longer exists, a public bearing shall be conducted by the Board of Supervisors to determine if khe Council should be dissolved. Following the public hearing the Board shall mare its decision,. 14. RECISSION OF RESOUTION NO.2000-318. Resolution 2000-318 previously adopted )y the Board on November 7, 2000 is hereby rescinded and replaced by this Resolution, No: 2002-257 Dated this day of. E , 2002. BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA C 311 05/ 09 i 2006 12: 58 7608638905 SUPERVISOR WILSON PAGE 09 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 By Chairman, oazd of S erviso�rs 1308 BUSTER ATTEST: GERALD A. MALONEY Clerk of the Board 13y: eputy {SE ROLL CALL: Ayes: - _ Buster, Tavaglxone, Venable, Wilson and MuYlen. Noes: Nome Absent: None The foregoin is_certified-to be a true copy of a resoiutr du� t Oy surd Beard of Su visors o t ein set.forth. (NAN E Cferk f said Boa QU l./1') �n , .1 C-' 312 05/09/2006 12:58 7608638905 SUPERVISOR WILSON PAGE 10 VISTA SANTA ROSA COMMUNITY COUNCIL PCX REDFORD' WYqri a L07 TH AVE n O � oQq W ti r Oo St STAVE ZENDA DR SISTAVE LASFLORE `AVE City Of POLO �D Mdio � 52ND Avg a I- w r+ INDUSTRIAL VA VIA { AVE vi bew z 53RD 7 TYLER LN 54TH AVIE ru saTH AVE CRY of Coachella 3 � r AIRPORT BLV N � Q � CB�.l.A8T LT F-F wvwl 0 � Y city of La Qu/nta THERMAL C. C. CALLS CONCHITA BOTH AVE y� } f � � � z O Z: 01 ST AVE 4!A KEVE OR 4 14 Y PIRKER Z 1@ W � 82NO AVE IL W r d1 �q z z FS 0 WTH AVE =VISTA SANTA ROSA C. C. vntslt HIGHWAYS Q COUMMINTY COUNCILS z 657M AVE ROAD CENTERLINES TLMA.WATERBODIES BsTHAVE L.3 CITIES OASIS C. C.t y Dn.:3/nrdOpb source: lklmap9kommW�ty corwrdl �w�. {�wrw► Noce N A 0 1,0002,000 4,000 8,ow &Dw Foot The Cato* of Rlrarsl0. a.wmm ro wow" or loyal mspom1W1 r for tiro hbmMon eonlob ed m Uw■ mop, Dote end kdormetbn ApmesMW on Mb map in .ueod III updates. mvOICetlons en0 MAY nd bo oanplos. Or .vvrevr" br ajl purposes, County Go$ and ofnor oouroos proud b. au.ew b M rnpet currant IMormedom •Cerir�aru.e .,nrA.01e.a0O. 313 ATTACHMENT #2 VISTA SANTA ROSA POLICY AREA Riverside County Integrated Project (RCIP) Key Policy Standards of the Vista Santa Rosa Policy Area As Adopted by the Board of Supervisors on October 7, 2003 The Vista Santa Rosa community was recognized by the County Board of Supervisors in 2001. The community's boundaries extend from Avenue 50 on the north, to Monroe Street on the west, to State Route 86 (Harrison Street) on the east, and south to - Avenue 66. The community is adjacent to the Cities of Coachella, Indio, and La Quinta; the Thermal Airport; and major polo facilities. It is also connected, via trails, to Lake Cahuilla, and Torres -Martinez Tribal lands. Vista Santa Rosa is a special community where country club and residential development interface with agricultural and rural, equestrian -oriented lifestyles. In order to ensure that the community develops in a harmonious manner that protects and enhances its value to area residents and landowners and the County, the County of Riverside has begun the preparation of a detailed Vista Santa Rosa community land use plan that will be incorporated into the Eastern Coachella Valley Area Plan. The area is an important producer of date crops. Rural Residential and Rural Community uses are also prevalent, with an emphasis on equestrian lifestyles. Policies: ECVAP 1.1 a. Prepare a detailed land use plan, with community development policies, for the Vista Santa Rosa Community that will: provide for a harmonious blend of country club, residential, commercial, rural, agricultural, and equestrian uses and community facilities in this area, and promote unifying community themes through signs, landscaping, scale of development, and trail and road facilities, etc. for the community. b. Establish an Incentive Program to encourage development to occur that is consistent with the plan. c. Within the Vista Santa Rosa Policy Area, the minimum lot size in the Agriculture designation is 5 acres, not 10 acres, and the allowable intensity of land use is 0.2 dwelling units per acre, not 0.1.dwelling units per acre. d. Several portions of the Vista Santa Rosa community, including a large area generally between Avenue 55 and Avenue 62, and smaller areas located along Avenue 66, Harrison Street, and Van Buren Street, are designated as r - 314 Agriculture, 5-acre minimum parcel size, with a Community Development Overlay. It is the intent of these designations to encourage agricultural uses to remain in the area as long as area landowners desire, while providing for a gradual, orderly transition to other land use types. When conversion of farmland to other uses occurs, adequate buffering shall be incorporated into development proposals to ensure that there will be adequate land use compatibility protection for other nearby landowners who desire to continue farming indefinitely. The overall density range of the Community Development Overlay area shall be 1-3 dwelling units per acre. Continuous buffer areas of minimum one -acre, rural residential lifestyle parcels shall be provided within all residential development proposals located within the Community Development Overlay area, where such development proposals would be adjacent to areas located outside the Community Development Overlay area and designated Agriculture, Rural Residential, or Estate Density Residential, in the following locations: 1) the east side of Monroe Street, between Avenues 55 and 62, 2) Avenue 55 between , Monti Street and a point located one -quarterly mile west of Van Buren Street, and protrusions of the Community Development Overlay located to the north of this segment along the west side of Jackson Street and between Jackson and Calhoun Streets, and 3) Avenues 60 and 62, Calhoun Street between Avenues 60 and 61, and the north -south midsection line of Section 35, Township 6 South, Range 7 East, between Avenues 60 and 62, all of which are located between Monroe and Harrison Streets. Except where significant environmental effects would occur due to road noise, and no other feasible mitigation measures are available, walls, earthen berms, and similar types of project elements that present barriers to a general open, rural -in -character view into a development when the development is viewed from the street, shall not be permitted along the following roads where they are classified by a Circulation Element designation: Airport Boulevard, Avenues 50, 52, 54, 58, 60, 62, and 66, and Monroe, Jackson, Van Buren, and Harrison Streets. Split -rail fences and other edge features that allow for an open view and evoke a rural character are encouraged. e. All development proposals within the Vista Santa Rosa Policy Area shall include multi -purpose recreational trails and shall provide for potential linkages of such trails to the County's planned trail system as shown in the Circulation Element. 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L .!� CL qj CL LW �Qt •dJ 0 — c C > O c c c cu a L q�j t �l ci OJ tv � � L �� ►� L ti— C ,�I /��y, „� V �LJ ('� C ✓ i—� a C M a i t�� % ■ c VU *-' W e- a� V L Y' a-0 0 Z > �J UJ C L c � E U „ O CL ` C C C '' p vvi IA k LLIi M� x IS #p�,y�y,.s��+.,Fy.—H ${� � 49114O.`+ryy y■pp,�..,.:.ey(,.��,.,k/4r"�}'k i i ie s ^p M' i F SM 133U.Ls nV NVA w. ter. 13S 30HNOW a sos 3 so ATTACHMENT 4 U >, '0 _U O tl LS7 L�7 c c 0 a) co in c c 0 0 U U E 0 m c a� E E O U m c Q) E L- i cU Q a� ■ SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE, STATE OF CALIFORNIA FROM: Transportation and Land Management Agency SUBMITTAL DATE: February 01, 2006 SUBJECT: South Valley Parkway Implementation Program and Community Facilities Phasing and Funding Strategy RECOMMENDED MOTION: That the Board of Supervisors: 1. Establish a policy that new development in the Eastern Coachella Valley shall fund all needed infrastructure and not be dependent on the County's General Fund; 2. Direct TLMA staff to identify the community facilities needed to serve new development in the South Valley Parkway Implementation Program boundary (Attachment A), and subsequently the Eastern Coachella Valley Area Plan; 3. Direct staff to develop a funding strategy that ensures phased funding and/or construction of community facilities (some of which may require at a minimum that contracts for construction be in place prior to the issuance of building permits); 4. Require that staff work with the major property owners and/or developers within the area to develop a Community Facilities Phasing and Funding Strategy that could be used for conditioning projects located within the South Valley Parkway Implementation Program boundary and as a foundation for negotiations for Development Agreements for additional or enhanced facilities; 5. Encourage development of thematic design guidelines that complements the existing equestrian/agricultural communities of the Eastern Coachella Valley; (Continued on page 2) FINANCIAL DATA: N/A CURRENT YEAR COST: $ NET COUNTY COST: $ SOURCE OF FUNDS: C.E.O. RECOMMENDATION: APPROVE. Prev. Agn. Ref. Tony Carstens, Director Transportation & Land Management Agency ANNUAL COST: IN CURRENT YEAR BUDGET: $ BUDGET ADJUSTMENT FY: Countv Executive Officer Siqnature i Dist. 4 AGENDA NO. 407 FORM 11 (Rev. 1/00) SUBMITTAL TO THE BOARD OF SUPERVISORS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SUBJECT: South Valley Parkway Implementation Program February 1, 2006 Page 3 of 4 improvements plan which will take into consideration the future developments envisioned in the South Valley Parkway Implementation Program. The consultant is currently operating under the guidance and direction of county staff and in coordination with the developer coalition. A land use consultant, T&B Planning, has been hired by the South Valley Parkway Committee to assist the committee and staff in preparing community facilities phasing and funding strategy. The consultant is currently working with county staff in preparing a conceptual land use map, which will provide a balance and mixture of land uses and necessary community facilities to ensure a livable community around the South Valley Parkway. In addition, a landscape consultant, TKD, has been hired by the South Valley Parkway Committee to prepare the design guidelines for treatment of the rural/urban edges, public/private roadways, and open spaces that will enhance the equestrian/agricultural lifestyle of the existing communities. Regarding future community facilities needs in the planning area, staff and the committee are using a draft comprehensive matrix that identifies sizing, siting and service standards to support development of a community facilities phasing and funding program for county -provided facilities. Because of the need to coordinate land use/community facility planning, and to focus on opportunities for joint facility usage, staff has also included non -county facilities, such as water and sewer facilities and schools. To further the objective of joint use, the county staff has worked with the Desert Area Utility Coordinating Committee, which works with the Coachella Valley Water District (CVWD). This committee will assist the South Valley Parkway Committee and county staff in planning and providing infrastructure and community facilities in a timely manner. The South Valley Parkway community phasing and funding plan is expected to be completed within the next few months. When completed, staff will recommend to the Board that the plan be adopted. In the analysis of the development of community facilities, staff has referred to a number of sources, including County Ordinance No. 659 — the Development Impact Fee (DIF) ordinance. The facilities envisioned in this program for the South Valley Parkway may exceed those already addressed in Ordinance No. 659. Therefore, in conjunction with or following the adoption of the facility standards, staff may recommend to the Board of Supervisors that Ordinance No. 659 be amended to incorporate the new and/or revised facilities and fee changes as they pertain to the South Valley Parkway. In order to address phasing and funding of transportation facilities, staff recommends that a Road and Bridge Benefit District be formed and an Area of Benefit be established. Some of the anticipated developments in the South Valley Parkway Implementation Program boundary are currently under review by county staff, and are likely to be heard before the Planning Commission and Board of Supervisors in the near future. Therefore, staff is proposing a multi -tiered strategy as a basis for conditioning new projects that come before the County for discretionary approval, including the use of development agreements with developers who are willing to provide facilities beyond those normally warranted by their projects. This multi -tiered approach is suggested in order to require participation by the properties that are in various stages of review or approval. One aspect of this strategy considers entering into development agreements, most practicably, with the larger developers in the program boundary. Another aspect of this strategy considers conditioning projects to pay for the Road and Bridge Construction Fees, most practicably, with the projects located within the area of benefit boundary (Attachment C). The potential use of development agreements and Road and Bridges Benefit District to support early funding or construction of public facilities will be further explored with the Board before implementation. In addition to the above, staff has begun an early dialogue with LAFCO, CVAG, CVWD, Salton Sea Authority (SSA), and Cities of Indio, Coachella and La Quinta to ensure that the objectives of the South Valley Parkway Implementation Program are consistent with their future planning efforts. This is particularly important as funding and phasing plans for the roads and other community facilities serving the area are developed. The issue of how to pay for extended urban type services needs to be resolved and this program proposal will require county staff to work with area property owners i SUBMITTAL TO THE BOARD OF SUPERVISORS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SUBJECT: South Valley Parkway Implementation Program February 1, 2006 Page 3 of 4 improvements plan which will take into consideration the future developments envisioned in the South Valley Parkway Implementation Program. The consultant is currently operating under the guidance and direction of county staff and in coordination with the developer coalition. A land use consultant, T&B Planning, has been hired by the South Valley Parkway Committee to assist the committee and staff in preparing community facilities phasing and funding strategy. The consultant is currently working with county staff in preparing a conceptual land use map, which will provide a balance and mixture of land uses and necessary community facilities to ensure a livable community around the South Valley Parkway. In addition, a landscape consultant, TKD, has been hired by the South Valley Parkway Committee to prepare the design guidelines for treatment of the rural/urban edges, public/private roadways, and open spaces that will enhance the equestrian/agricultural lifestyle of the existing communities. Regarding future community facilities needs in the planning area, staff and the committee are using a draft comprehensive matrix that identifies sizing, siting and service standards to support development of a community facilities phasing and funding program for county -provided facilities. Because of the need to coordinate land use/community facility planning, and to focus on opportunities for joint facility usage, staff has also included non -county facilities, such as water and sewer facilities and schools. To further the objective of joint use, the county staff has worked with the Desert Area Utility Coordinating Committee, which works with the Coachella Valley Water District (CVWD). This committee will assist the South Valley Parkway Committee and county staff in planning and providing infrastructure and community facilities in a timely manner. The South Valley Parkway community phasing and funding plan is expected to be completed within the next few months. When completed, staff will recommend to the Board that the plan be adopted. In the analysis of the development of community facilities, staff has referred to a number of sources, including County Ordinance No. 659 — the Development Impact Fee (DIF) ordinance. The facilities envisioned in this program for the South Valley Parkway may exceed those already addressed in Ordinance No. 659. Therefore, in conjunction with or following the adoption of the facility standards, staff may recommend to the Board of Supervisors that Ordinance No. 659 be amended to incorporate the new and/or revised facilities and fee changes as they pertain to the South Valley Parkway. In order to address phasing and funding of transportation facilities, staff recommends that a Road and Bridge Benefit District be formed and an Area of Benefit be established. Some of the anticipated developments in the South Valley Parkway Implementation Program boundary are currently under review by county staff, and are likely to be heard before the Planning Commission and Board of Supervisors in the near future. Therefore, staff is proposing a multi -tiered strategy as a basis for conditioning new projects that come before the County for discretionary approval, including the use of development agreements with developers who are willing to provide facilities beyond those normally warranted by their projects. This multi -tiered approach is suggested in order to require participation by the properties that are in various stages of review or approval. One aspect of this strategy considers entering into development agreements, most practicably, with the larger developers in the program boundary. Another aspect of this strategy considers conditioning projects to pay for the Road and Bridge Construction Fees, most practicably, with the projects located within the area of benefit boundary (Attachment C). The potential use of development agreements and Road and Bridges Benefit District to support early funding or construction of public facilities will be further explored with the Board before implementation. In addition to the above, staff has begun an early dialogue with LAFCO, CVAG, CVWD, Salton Sea Authority (SSA), and Cities of Indio, Coachella and La Quinta to ensure that the objectives of the South Valley Parkway Implementation Program are consistent with their future planning efforts. This is particularly important as funding and phasing plans for the roads and other community facilities serving the area are developed. The issue of how to pay for extended urban type services needs to be resolved and this program proposal will require county staff to work with area property owners i #'� SUBMITTAL TO THE BOARD OF SUPERVISORS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SUBJECT: South Valley Parkway Implementation Program February 1, 2006 Page 4 of 4 and/or developers to determine the means by which new project approvals will participate in funding ongoing operations and extended county services. This work effort has just begun. It will proceed under the guidance and direction of county staff. However, staff recommends that the Board require that the major property owners and/or developers within the South Valley Parkway Implementation Program boundary continue participating with staff in preparing and implementing a Community Facilities Phasing and Funding Strategy (Attachment D) to comprehensively address the needs of this growing community. In view of all the preceding information, county staff therefore recommends adoption of items 1 through 8 above related to the South Valley Parkway Implementation Program and Community Facilities Phasing and Funding Strategy. 410 6 PROPOSED SOUTH VALLEY PARKWAY COMMUMTY FACILITIES PHASING AND FUNDING STRATEGY (Revised: 0113112 006) 1. Objective of Strategy: The objective of this strategy is to establish a comprehensive approach toward the provision of a full range of community facilities, to be phased in as development occurs in the Eastern Coachella Valley. It is the intent of this strategy that new development will fund all needed new community facilities, for capital construction as well as for on -going operations and maintenance within the South Valley Parkway Implementation Program boundary. In order to ensure that the community facilities provided through this strategy are relevant, fees and revenues generated in the South Valley Parkway Implementation Program should be applied to the program boundary, to the maximum feasible extent. 2. Community Facilities to be considered: A summary of community facilities to be considered in accordance with this phasing and funding strategy may include, but are not limited to: a) Transportation facilities: General Plan Circulation Element roadways, the South Valley Parkway, improvements to Highway 111 and I-10 interchanges, and other road facilities, bridges, and traffic signals, as needed; b) Community activity centers: Recreation centers, civic centers, senior citizen centers, child care centers, museums and interpretive centers, auditoriums, libraries, and facilities of other governmental units, such as post offices; c) Parks and recreation facilities: Regional parks, sports parks, including pools and water parks, trails for pedestrians, joggers, bicyclists and equestrians, equestrian centers, paseos, regional and local parks, neighborhood parks, pocket parks/tot lots/playgrounds, urban plazas, community separators, and areas for the protection and conservation of wildlife; d) Public health and safety facilities: Health clinics, sheriff facilities, fire protection facilities, and flood control facilities; e) Schools: Elementary, middle and high schools, and participation in the provision of full time community colleges and other higher education facilities, and other specialized institutions for learning - public and private; f) Community identity facilities: Landscaped medians, improvements of irrigation pipes, protection and enhancement of historical and scenic features, and public art; g) Public Facilities: Water and sewer infrastructure, electrical transmission and distribution and natural gas facilities, and telecommunications facilities, including fiber optic and cable. 3. Facility Standards: All facilities will be sited and built in accordance with the standards set forth in the revised area plan text of the Eastern Coachella Valley. It is recognized that the provider of many of 1411 these services described herein are jurisdictional entities other than the County, including school districts, special districts, and other entities. Other jurisdictional standards will be identified, in addition to the county standards, to provide reference benchmarks for evaluation and planning of joint use facilities. Community facility planning for the South Valley Parkway shall be in accordance with the following principles, wherever practicable: a) Joint usage: Joint usage of facilities, such as between County service providers and between County and non -County service providers, will be encouraged. b) Optimal facilily sizing_ Optimal facility sizing will be encouraged, considering that the types and scales of the services provided from a particular facility may change from time to time in response to community growth, demographic changes, or changes in demand of the - services. Construction of undersized facilities or facilities, that are not adaptable to anticipated or unanticipated variables, will be discouraged. c) Facility Flexibility: Multi -use or potential multi -use facilities such as community centers will be located, sited, and designed to ensure a high degree of flexibility in the type and size of uses in future, as the community grows and undergoes demographic changes. 4. Prioritization of Methodologies of Funding: It is the intent of the County that community facilities needed to support development in the South Valley Parkway Implementation Program boundary be funded or constructed concurrent with, or in advance of, the demand for them. Some facilities may require actual construction and some may require that contracts for construction or funding be in place prior to the issuance of building permits, while others may require that funding be identified and reserved and an implementation schedule be adopted. A mechanism will be established whereby developers who elect, or are required to, provide public infrastructure or community facilities that benefit others will be entitled to fee credits or reimbursements from those benefited. Accordingly, the following mechanisms may be implemented through any one or combination of the following: project feature and design requirements and negotiation, conditions of project approval, County providing developers with long-term County commitments to project approval through development agreements, and potentially other mechanisms. a) Developer constructs a facility, no reimbursement warranted or requested. A developer may build a facility, prior to the issuance of building or occupancy permits, or construct the facility in a phased -in manner as development occurs. Credits against appropriate Transportation Uniform Mitigation Fee (TUMF), Development Impact Fee (DIF) or Road and Bridge Benefit Fee (RBBF) will be given, to the extent applicable. Where facility type, size, features, or other factors are beyond those normally accommodated in facilities typically funded through TUMF or DIF fees, additional County consideration, including the use of DA's, �7111 be considered. F) 41� b) Developer constructs a facility, reimbursement expected. This differs from above in that reimbursement from other developers or the County would occur for a facility sized beyond the nexus requirements of the project. Reimbursement would be based on equivalent dwelling units (EDUs). A reimbursement agreement would be executed between the developers or between the county and developers. This mechanism may be used by either large or mid -sized projects, typically specific plans, or large residential tracts or commercial or industrial projects. C. c) Payment of Fees. This may be the only practical mechanism for small projects, such as small tracts, parcel maps, and small commercial or industrial projects. Rather than allowing the payment of funds at the time of building permits, or at the time of the issuance of certificates of occupancy, full payment of all DIF fees would be required prior to map recordation. These fees shall be applied to pay for reimbursement agreements provided under "4b" above. 5. Application: This phasing and funding strategy is intended to apply to all projects that generate vehicular trips. However, projects that provide job creation to support the residential development (such as commercial and industrial uses) may be exempted by the Board on an individual basis. 6. Tiering: A tiered approach is proposed to provide flexibility in generating needed facility development/funding, in recognition that a significant amount of proposed growth in the area will be generated in large master -planned communities that are being comprehensively developed through specific plans and tract maps. This approach organizes development into groupings that lend themselves to similar funding methodologies, generally due either to the size or timing of the developments, and whether they are located within adjacent cities. There are four tiers, as follows: a) Tier I. Tier I includes participants of South Valley Parkway Implementation Program (SunCal Developments, Royce International Investment Co., Brookfield California Landholdings LLC, CNH Investments, Santa Rosa Investors LLC, and Buchanan Street Investments LLC). b) Tier II. Tier II includes all projects other than those listed as being in Tier 1 and are located within the South Valley Parkway Area of Benefit boundary, and have been accepted for processing prior to February 07, 2006. c) Tier II1. Tier III includes all projects within the area of benefit boundary that are accepted for processing on or after February 07, 2006. d) Tier IV. Tier IV would pertain to projects located within the Cities of Indio, Coachella, and La Quinta. 7. Project Funding Requirements: 3413 a) Tier 1 Projects: I. Projects will be required to: 1. Participate in funding or construction of interim transportation system improvements as identified by the Transportation Department to mitigate short-term impacts identified in their traffic studies (such as improvements to the South Valley Parkway). 2. Have the Circulation Phasing Plan substantially completed or approved before maps are approved as determined by the Transportation Department. 3. Have a Road and Bridge Benefit District (RBBD) or other funding mechanism acceptable to the Transportation Department, formed and ready to fund for certain improvements identified as TUMF Backbone Facilities and other key road projects identified in the Circulation Phasing Plan, before maps are recorded. 4. Construct or fund certain road improvement and interchange projects as identified in the Circulation Phasing Plan and/or Road and Bridge Benefit District. The Circulation Phasing Plan and/or Road and Bridge Benefit District will also identify certain projects that may be constructed by the County and other public agencies. II. The County will require the construction of major and minor community facilities by various mechanisms, including development mitigations, the use of public or private reimbursement agreements, DIF fee credits where applicable, development agreements, or other considerations subject to negotiation. The County encourages developers to work together toward common construct]on/financing of facilities. III. The County would consider entering into Developer Agreements (DA's) with Tier I projects in order to provide certainty over the long-term development window. IV. The Transportation Department would assist the Tier I developers in establishing a Road and Bridge Benefit District (RBBD) for the South Valley Parkway Implementation Program to ensure construction of transportation facilities in a timely manner. V. The Transportation Department would advocate with Tier I developers to secure reimbursement from CVAG for TUMF facilities where the construction of such facilities exceeds the developer's normal TUMF contribution. VI. Joint Use Opportunities/Requirements: The County and project proponents will approach school districts, special districts, and other governmental entities where there is a potential for joint usage of facilities. For example, the County will work with local school districts to determine whether schools and neighborhood parks, paseo accesses, sports parks, and libraries could be either co -located on super sites, or otherwise connected in some way to impart public benefits from their geographical or operational associations. Also, the County will work with CVVWD to determine which streets would be optimal for the emplacement of a recycled water delivery system that is efficiently oriented toward future 4 41.4 high water consuming users (such as schools, parks, and commercial areas). b) Tier II Projects: I. Tier II projects will be required to participate in funding or construction of interim improvements as required to mitigate their projects' impacts identified in their traffic studies as identified by the Transportation Department. II. The County would adopt a policy requiring Tier II projects to either join or form the RBBD identified in Tier I and pre -pay their TUMF and DIF fees in full at the time of map recordation. III. Joint Use Opportunities/Requirements: (will be pursued as described above under Tier I, Item No. VI) c) Tier III Projects: I. Projects processed in Tier III will be required to participate in funding or construction of interim improvements as required to mitigate short-term impacts identified in their traffic studies as identified by the County Transportation Department. II. Projects in Tier III can either: 1. Wait until the Circulation Phasing Plan is completed and participate in the proportional funding contribution identified in the Plan, or 2. Join or form a RBBD identified in Tier I, or pre -pay the funding amounts identified in the RBBD on a prorated basis in full at the time that maps are recorded, which may include, but are mot limited to, the TUMF and DIF amounts. III. The County will require the funding and/or construction of major or minor community facilities by individual or multiple developers. Reimbursement agreements and DIF fee credits will he utilized to facilitate early construction of facilities that serve the subject project plus other areas. IV. The County may also consider entering into Development Agreements with Tier III projects of significant size. V. Joint Use Opportunities/Requirements: (will be pursued as described above under Tier 1, Item No. VI) Od)Tier IV Projects: I. The County will advocate with and strongly encourage the Cities of Coachella, Indio and La Quinta to participate in this program by adopting a policy that certain development in the Cities would be required to pre- pay their TUMF Fee as specified under Tier II and Tier III. II. The County's intent is to enter into Memorandum of Understandings with the Cities to implement this. III. The County will continue to work with the Cities of Coachella, Indio, La Quinta and other cities in the Coachella Valley TUMF Zones, to review 5` 415 and prioritize TUMF projects throughout the Zone Transportation Improvement Plan (TIP) development process. IV. Joint Use Opportunities/Requirements: (will be pursued as described under Tier 1, Item No. VI) 8. 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Definitions. For purposes of this chapter and this code, the following definitions shall apply: 1. "Livable floor area" means the interior area of a dwelling unit which may be occupied for living purposes by humans, including basements and attics (if permitted), but excluding walls. Livable floor area does not include a garage or any accessory structure. 2. "Lot coverage" means the cumulative ground floor area of the structures on a lot expressed as a percentage of the net lot area. For purposes of this definition, "ground floor area" shall mean all enclosed area within the ground floor of a structure, including exterior walls and mechanical spaces. Carports, garages, accessory buildings and parking structures are included in ground floor area but swimming pools and unenclosed post - supported roofs over patios and walkways are not included. 3. "Project area" means all of the land area included within a development project excepting those areas designated for public and private road rights -of -way, schools, public parks, and other uses or easements which preclude the use of the land therein as part of the development project. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996) 9.30.020 RVL very low density residential district. A. Purpose. To provide for the development and preservation of very low density neighborhoods (zero to two units per acre) with one- and two-story single-family detached dwellings on large lots and/or, subject to a specific plan, projects with clustered smaller dwellings, such as one- and two-story single-family attached, townhome or condominium dwellings, with generous open space. B. Permitted Uses. Chapter 9.40 lists permitted land uses. C. Development Standards. Minimum lot size Minimum lot frontage Maximum structure height Maximum number of stories Minimum front yard setback Minimum interior/exterior side yard setbacks Minimum rear yard setback Maximum lot coverage Minimum livable floor area excluding garage Minimum landscape setbacks adjacent to perimeter streets 20,000 sq. ft. 100 ft. 28 ft. 2 30 ft. 10/20 ft. 30 ft. 40% 2500 sq. ft. 10' minimum at any point, 20' minimum average over entire frontage Chapter 9.50 contains additional details and illustrations regarding development standards. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996) 9.30.030 RL low density residential district. A. Purpose. To provide for the development and preservation of low density neighborhoods (two to four units per acre) with one- and two-story single-family detached dwellings on large or medium size lots and/or, subject to a specific plan, projects with clustered smaller dwellings, such as one- and two-story single-family attached, townhome or condominium dwellings, with generous open space. B. Permitted Uses. Chapter 9.40 lists permitted land uses. C. Development Standards. Minimum lot size Minimum lot frontage Maximum structure height 7200 sq. ft. 60 ft. 28 ft. (La Quinta 3-99) 214 A r,. S1I"IIGEI] Maximum number of stories 2 Minimum front yard setback (non -garage portions of dwelling) 20 ft.* Minimum garage setback 25 ft.' Minimum interior/exterior side yard setbacks 5/10 ft.2 Minimum rear yard setback 10 ft. for existing recorded lots and 20 ft. for new lots Maximum lot coverage 50% Minimum livable floor area excluding garage 1400 sq. ft. Minimum landscape setbacks adjacent to perimeter streets 10' minimum at any point, 20' minimum average over entire frontage * Projects with five or more adjacent dwelling units facing the same street shall incorporate front setbacks varying between 20 feet and 25 feet plus in order to avoid streetscape monotony. ' Twenty feet if "roll -up" type garage door is used. 2 For interior setbacks, if the building is over 17 feet in height, the setback is five feet plus one foot for every foot over 17 feet in height or fraction thereof, to a maximum setback of ten feet. The additional setback may be provided entirely at grade level or a combination of at grade and airspace above the 17-foot building. Chapter 9.50 contains additional details and illustrations regarding development standards. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996) 9.30.040 RC cove residential district. A. Purpose. To provide for the development and preservation of the medium density "cove" residential area with one-story single-family detached dwellings on medium size lots. B. Permitted Uses. Chapter 9.40 lists permitted land uses. C. Development Standards. Minimu m lot size uC — 7200 sq. ft. (However, existing lots(ove 7200 sq. ft. are buildable provided other standards are met) Minimum lot frontage 60 ft. (However, existing frontages under 60 feet are buildable provided other standards are met.) Maximum structure height 17 ft. Maximum number of stories 1 Minimum front yard setback (non -garage portions of dwelling) 20 ft.* Minimum garage setback 25 ft.' Minimum interior/exterior side yard setbacks 5/ 10 ft. Minimum rear yard setback 10 ft. Maximum lot coverage 60% Minimum livable floor area excluding garage 1200 sq. ft. * Projects with five or more adjacent dwelling units facing the same street shall incorporate front setbacks varying between 20 feet and 25 feet plus in order to avoid streetscape monotony. ' Twenty feet if "roll -up" type garage door is used. Section 9.50.090 in the RC zone district contains additional details and illustrations regarding development standards. D. Fencing. Rear and side yards shall be completely enclosed and screened by view obscuring fencing, walls or combination per standards found in Section 9.60.030. E. Building Development Standards. In addition to the requirements of this chapter and Chapter 9.60 (Supplemental Residential Regulations), the following standards shall be required on homes built within the RC district: 215 (La Quinta 3-99) 49 0 9.50.030 S,�.t.�J�, % 30 Table 9-2 Residential Development Standards GOi je District Development Standard RVL RL RC RM RAM RH RSp RR Overlay Overlay Minimum lot size for single-family dwellings (sq. ft.) 20,000 7200 7200 50001 3600 2000 * ** Minimum project size for multifamily projects (sq. ft.) n/a n/a n/a 20,000 20,000 * n/a Minimum lot frontage for single-family dwellings (ft.)' 100 60 60 50 40 n/a * ** Minimum frontage for multifamily projects (ft.) n/a n/a n/a 100 100 * n/a Maximum structure height (ft.)2 28 28 1 17 28 1 28 40 * ** Maximum number of stories 2 2 1 2 2 3 * ** Minimum front yard setback (ft.)' 30 20 20 20 20 20 * RVL:40 Minimum garage setback (ft.) n/a 25 25 25 25 25 * ** Minimum interior/exterior side yard setback (ft.)'-' 10/20 5/10 5/10 5/10 5/10 10/15 * ** 20 for new lots and 10 for exist - Minimum rear yard setback (ft.)' 30 ing re- 10 15 15 20 corded lots Maximum lot coverage (% of net lot area) 40 50 1 60 60 60 60 * ** 1400 750 for Minimum livable area excluding garage (sq. ft.) 2500 1400 1400 1400 (multifamily: multi- * ** 750) family Minimum common open area n/a n/a n/a 30% 30% 30% 30% n/a Minimum/average perimeter landscape setbacks (ft.)6 10/20 10/20 n/a 10/20 10/20 10/20 1 10/20 n/a * As shown on the approved specific plan for the project. ** As provided in the underlying base district. ' Minimum lot frontage on cul-de-sacs and knuckles shall be 35 feet. Minimum lot frontage for flag lots shall be 15 feet. s Not including basements. Also, notwithstanding above table, the maximum structure height equals 22 feet for all buildings within 150 feet of any general plan -designated image corridor, except in the RC zone, which is 17 feet. s For non -garage portions of dwelling only. Also, projects with five or more adjacent single family dwelling units facing the same street shall incorporate front setbacks varying between 20 feet and 25 feet or more in order to avoid streetscape monot- ony. a For all but RVL district, minimum garage setback shall be 20 feet if "roll -up" type garage door is used. Also, for side -entry type garages, the garage setback may be reduced to 20 feet in the RVL district and 15 feet in all other residential districts. 5 The following are exceptions to the minimum side setbacks shown: • For interior side yards in the RL, RM and RMH districts, if the building is over 17 feet in height, the setback is five feet plus one foot for every foot over 17 feet in height or fraction thereof, to a maximum setback of ten feet. The additional setback may be provided entirely at grade level or a combination of at grade and airspace above the 17-foot building. For RH, five feet minimum plus one foot additional setback for every foot of building height above 28 feet, or fraction there- of, up to a maximum setback of 15 feet when said height above 17 feet is located between five and ten feet from said side yard property line. For interior setbacks, if the building is over 28 feet in height the setback is ten feet plus one foot for every foot over 28 feet in height or fraction thereof, to a maximum setback of 15 feet- The additional setback may be pro- vided entirely at grade level or may be a combination of at grade and airspace above the 28-foot building height. 6 Common open area and perimeter landscape requirements do not apply to single-family detached projects unless a specific plan is required. Common open area equals percent of net project area. Perimeter landscape setbacks are adjacent to perime- ter streets: first number equals minimum at any point; second number equals minimum average over entire frontage (thus, 10/20). See Section 9.60.240 and additional landscape/open area standards. ' Rear and side yard setbacks for residential units abutting the image corridor shall be a minimum of 25 feet with the excep- tion of RVL zone district where it only applies to the side yard. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996) 225 (La Quinta 3-99) 9.50.040 9.50.040 Illustration of development standards. Figure 9-1 DEVELOPMENT STANDARDS: RVL AND RL DISTRICTS RVL VERY LOW DENSITY RESIDENTIAL DISTRICT Min. Lot Size: 20,000 sq/ft Max. Lot Coverage: 40% Min. Livable Floor Area (excluding garage): 2500 sq/ft Max HL M Min. Rear Setback = 30' ax• toregg $,2 Min. interior Side Setback = 10' Min lot`Pro.' Min. Exterior Side Setback = 20' nt tage �, 00, etback = 30' ide entry garages min. 20 RL LOW DENSITY RESIDENTIAL DISTRICT Min. Lot Size: 7200 sq/ft Max. Lot Coverage: 50% Min. Livable Floor Area (excluding garage): 1400 sq/ft Min. Rear Setback = 20' for new lots and 10' for existing rded lots mail one = 2 interior° ack, if building is over 17' . Lot F rc�ta9e = 60. Garay s is 5' plus 1' for every foot over ' in height or fraction thereof. up to a maximum setback of 10'. The additional setback may be provided entirely at gradtl Min. Front Se ck to r level or a combination, of at grade and Non -Gar gaTortion = 20'. airspace above the 17 building height. Setback = 25' tw-lf fall-up.type Min. Exterior Side Setback = 10' garage door is used) C� (La Quinta 3-") 226 t) Q ATTACHMENT 7 13.24.010 Chapter 13.24 IMPROVEMENTS Sections: 13.24.010 Purpose. 13.24.020 Applicability. 13.24.030 Improvement standards. 13.24.040 Improvement plans. 13.24.050 Grading improvements. 13.24.060 Street improvements. 13.24.070 Street design —Generally. 13.24.080 Street design —Private streets. 13.24.090 Image corridors and gateway intersections. 13.24.100 Access for individual properties and developments. 13.24.110 Utilities. 13.24.120 Drainage. 13.24.130 Landscape setbacks. 13.24.140 Landscaping plans. 13.24.150 Special improvements. 13.24.160 Maintenance. 13.24.170 Clean air/clean water. 13.24.180 Fees and deposits. 13.24.010 Purpose. This chapter identifies requirements for subdivision improvements. (Ord. 272 § 1 (part), 1995) 13.24.020 Applicability. This chapter applies to all subdivision, reconfiguration and/or consolidation of property for which improvements are required. (Ord. 272 § 1 (part), 1995) 13.24.030 Improvement standards. Improvements installed in, or associated with, land divisions shall be constructed in conformance with standards and specifications of the city. In the absence of standards for an improvement, the city engineer may prescribe standards in keeping with good construction and engineering practice. The subdivider shall arrange and bear the cost of measurement, sampling and testing not included in the city's permit inspection program but which are required by the city to provide evidence that materials and their placement comply with plans and specifications. (Ord. 275 § 1 (part), 1997; Ord. 272 § 1 (part), 1995) 13.24.040 Improvement plans. Improvements constructed or installed in land divisions shall be in accordance with detailed plans and specifications approved by the city engineer. All plans shall be submitted to the city engineer and shall be approved and signed by the city engineer, or, if provided for by resolution of the city council, shall be secured in the manner of subdivision improvements, before city council approval of the final land division map. A. Plans shall be submitted on twenty -four -inch by thirty -six-inch media in the categories of "rough grading," "precise grading," "streets and drainage" and "landscaping" as specified below. All plans shall have signature blocks for the city engineer and are not approved for construction until they are signed. "Streets and drainage" plans shall normally include signals, sidewalks, bike paths, gates and entryways, parking lots, and water and sewer plans. Combined plans, including water and sewer improvements, shall have an additional signature block for the Coachella Valley water district (CVWD). The combined plans shall be signed by CVWD prior to their submittal for the city engineer's signature. "Landscaping" plans shall normally include landscape improvements, irrigation, lighting and perimeter is walls. Plans for improvements not listed above shall be submitted in formats approved by the city engineer. r) 9 491 (L, Quint, 3- k'— 13.24.040 B. The improvement plans shall show the location of all existing improvements, including utilities which may interfere with or affect the nature or method of construction of the proposed improvements. C. The city may maintain standard construction plans. The subdivider may acquire standard plan sheets prepared by the city for a fee established by city council resolution. D. When final plans are approved by the city, the subdivider shall furnish accurate computer files of the complete, approved plans on storage media and in program format acceptable to the city engineer. E. Plans for water, sewer, power, telephone, and improvements to streets under the jurisdiction of agencies other than the city shall be approved by the agencies having jurisdiction over those improvements. F. Upon completion of construction and prior to acceptance or approval of completed improvements, the subdivider shall provide reproducible record drawings of all plans signed by the city engineer. The drawings shall accurately represent the improvements as constructed and shall incorporate revisions to the original plans as recorded by the subdivider's and/or the city's representatives supervising construction. The drawings shall have the words "Record Drawing" clearly marked on each sheet. The city may, by resolution or ordinance, establish a fee or deposit schedule for the cost of reviewing and processing improvement plans. (Ord. 320 § 2, 1998; Ord. 272 § 1 (part), 1995) 13.24.050, Grading improvements. A. The subdivider shall minimize differences in elevation between this development and abutting properties, and from separate tracts within the tract development as applicable. Building pad elevations on contiguous lots shall not differ by more than three feet, except for lots within a given tract not sharing common street frontage, where the differential shall not exceed five feet. If the subdivider is unable to comply with the pad elevation differential requirement, the city will consider and may approve alternatives which preserve community acceptance and buyer satisfaction with the proposed development. B. During and following scalping and grading operations, the subdivider shall take all necessary steps to prevent erosion or tracking of disturbed soils to offsite locations. (Ord. 295 § 1 (part), 1997) 13.24.060 Street improvements. Improvement plans for all on- and off -site streets, access drives and access gates shall be prepared by a registered civil engineer. Improvements shall be designed and constructed in accordance with this code, adopted La Quinta standard drawings and specification, and as approved by the city engineer. Street improvements shall comply with the following: A. Street pavement sections shall be based on the Caltrans design procedure for a twenty-year life, considering soil strength and anticipated traffic loading (including construction and building traffic). B. Improvements shall include traffic signs, channelization markings/devices, street name signs, medians, sidewalks, and mailbox clusters approved in design and location by the U.S. Post Office and the city engineer. C. Sidewalks shall be provided on both sides of the street within public street rights -of -way of all general plan designated arterial and collector streets, for local streets in residential areas, and in areas designated rural residential overlay on the land use policy diagram of the La Quinta general plan where densities exceed three dwelling units per acre. D. Transit facilities, such as bus turnouts, covered bus shelters and benches shall be provided, as required, on general plan designated arterial and collector streets. E. Improvements extending beyond subdivision boundaries such as, but not limited to, street width transitions, pavement elevation transitions and other incidental work are deemed necessary by the city engineer to ensure that new construction is safely integrated with existing improvements. F. Prior to the completion of homes or occupancy of permanent buildings within the subdivision, the subdivider shall install traffic -control devices and street name signs along access roads to the homes or buildings. (Ord. 295 § 1 (part), 1997; Ord. 272 § 1 (part), 1995) (La Quinta 3-") 492 4J 13.24.070 C� 0 13.24.070 Street design —Generally. The design of street improvements shall conform with the following: A. Full -width street improvements shall be required for all internal subdivision streets and alleys. B. Subdivisions bordering a public street shall provide half -width right-of-way improvements, plus one additional travel lane on the opposite side of the centerline if it does not already exist. C. The street system in a proposed subdivision shall relate to and be compatible with existing or proposed streets in adjacent subdivisions and/or specific plans and shall, where applicable, provide for future development of adjoining property. D. Street connections shall be at ninety -degree angles unless approved by the city engineer. E. Alleys shall be at least twenty feet in width. Dead-end alleys shall provide adequate area for a turnaround. F. Cul-de-sacs shall not exceed a distance of six hundred sixty feet in length (measured from the centerline of the intersection to the center of the cul-de-sac) unless provided with improved emergency access/outlet routes no more than six hundred sixty feet from the end of the cul-de-sac. G. Minimum street grades shall be 0.5 percent longitudinally, 2.0 percent laterally. H. Additional rights -of -way or easements shall be provided, where necessary, to accommodate roadway slopes, drainage structures, bicycle or equestrian paths and trails, and other facilities related to subdivision development. I. The size and configuration of streets shall comply with the following table. Table 13.24.060 Number Distance Center Minimum of Travel Between Median Intersection Type of Facility Right -of -Way Width Lanes Curbs Size Spacing 120' Major arterial (S.R. 111 shall be 172 or as required by 6 lanes 96' 18' 2,600' Caltrans) Primary arterial 100' — 110' 4 lanes 76' — 86' 12' — 16' 1,200' Secondary arterial 88' 2 lanes 64' N/A 600' Collector 64' — 74' 2 lanes 40' — 50' N/A 300' Local street 60' 2 lanes 36' — 40' N/A 250' Culs-de-sac 50' 2 lanes 32' — 36' N/A N/A Calles Amigo, Cadiz & Barcelona 50' N/A J. The right-of-way radius for cul-de-sac bulbs shall be a minimum of forty-five feet. The minimum curb radius shall be forty-five feet for private streets and thirty-eight feet for public streets. (Ord. 275 § 1 (part), 1997; Ord. 272 § 1 (part), 1995) 13.24.080 Street design —Private streets. Private streets, permitted only when there is adequate provision for their construction and maintenance, shall be in conformance with the standards listed in Table 13.24.060 except as follows: 492-1 (La Quinta 3-99) 13.24.080 Width Permitted Use 32 feet Development on only one side of street 36 feet Development on both sides of the street 40 feet Entry and primary circulation streets (Ord. 295 § 1 (part), 1997; Ord. 272 § 1 (part), 1995) 13.24.090 Image corridors and gateway intersections. The circulation element of the La Quinta general plan establishes image corridors and gateway intersections which warrant special improvements. Improvements constructed along image corridors and at gateway intersections shall comply with the improvement standards identified in the general plan. (Ord. 295 § 1 (part), 1997; Ord. 272 § 1 (part), 1995) 13.24.100 Access for individual properties and developments. Access to streets from individual properties and developments shall normally be as follows: A. Single-family lots shall obtain primary access from an adjoining local, collector or private street. Secondary access may be provided by an alley. B. Multiple -family developments may obtain access to any category of street, provided that access to arterial streets shall be limited to one primary entry. Such an entry shall be designed to collect and distribute vehicles throughout the project site rather than function as a driveway serving the units immediately adjacent to the entry. Secondary access shall be afforded for parcels greater than two acres in size. Primary and/or secondary access drives may be restricted to right turn in/fight turn out only. C. Commercial developments may obtain access to any category of street, provided that access to arterial streets shall be limited to one primary entry. Such an entry shall be designed to collect and distribute vehicles throughout the project site and shall not contain adjoining parking spaces. Additional access points may be permitted depending upon the location of existing or planned access points near the site, the type of roadway and roadway design criteria. A reciprocal access agreement shall be recorded for all commercial projects of two parcels or more or if common access is needed for an adjacent parcel(s). Primary and/or secondary access drives may be restricted to right turn in/right turn out only. (Ord. 295 § 1 (part), 1997; Ord. 272 § 1 (part), 1995) 13.24.110 Utilities. A. Water. The subdivider shall provide improvements connecting the subdivision to the domestic water supply and distribution system operated by the Coachella Valley water district (CVWD). The improvements shall be as required by CVWD and the Riverside County fire control district. B. Sewer. The minimum requirement for sewage disposal shall be as follows: 1. Connection to an existing collection system is required; or 2. If an existing collection system is not available, and if it is determined that satisfactory individual disposal systems cannot be provided because of soil conditions determined by soil percolation tests in conformity with the standards of the "Ludwig Modification" and finding that the conditions and requirements of the Riverside County health department and the Regional Water Quality Control Board cannot be met, then a package treatment plant and collector system shall be required; 3. If a subdivision is filed which proposes a density of two or more lots per acre and if a connection to a wet sewerage system is not required, the installation of a dry sewer system may be required by the city engineer in accordance with the following provisions: a. The Coachella Valley water district (CVWD) has an implementation program for a wet sewer system that will serve the area within a reasonable period of time, and CVWD has agreed to serve the land. b. The subdivider has secured a letter of approval from CVWD for acceptance of sewage for treatment and disposal and for maintenance of the proposed dry and wet sewer lines. C. Electrical and Communication Facilities. The minimum requirement for electrical and communication facilities shall be as follows: 1. Prior to approval of a final map, a letter must be received by the city from the serving agency stating that arrangements have been made for underground facilities. The agency may include any other applicable comments regarding easements, utility locations, installation schedules or other pertinent matters. 493 (La Qui,ca 5-98) 4 20 13.24.110 2. All existing and proposed utilities within or immediately adjacent to the proposed development shall be installed underground. High -voltage power lines which the power authority will not accept underground are exempt from this requirement. The landowner or subdivider shall make the necessary arrangements with the serving agencies for the installation of such facilities. 3. Electrical and communication facilities shall be installed in conformity with the requirements of the electric authority and the telephone authority and as approved by the city engineer. 4. Appurtenant equipment such as, but not limited to, transformers, terminal boxes and meter cabinets may be placed aboveground. The location of aboveground equipment installations shall not hinder vision clearance required by vehicle traffic and shall make use of available topographic, landscaping and wall features, if possible, to mask their appearance. (Ord. 295 § 1 (part), 1997; Ord. 272 § 1 (part), 1995) 13.24.120 Drainage. Facilities required for the control of subdivision drainage and floodwater flows shall be as follows: A. The minimum design for facilities which control drainage water generated within a subdivision or floodwater flowing into or crossing a land division shall be based on a storm having a frequency of occurrence of once every one hundred years. Hydrologic and hydraulic calculations for the design of drainage facilities which control drainage water generated within a subdivision shall be submitted for approval to the city engineer. B. The'Vse of streets for flood control and drainage purposes may be prohibited by the city engineer if the use of such facilities is not in the interest of the public health, safety and welfare. C. When the city engineer permits the use of streets for flood control and drainage purposes, the ten-year frequency design discharge shall be contained between the tops of curbs or asphalt concrete dikes and the one -hundred -year frequency design discharge shall be contained within the street right-of-way. D. Stormwater runoff produced over the peak twenty -four-hour period of a one -hundred -year storm shall be retained on site unless waived by the city engineer. The tributary drainage area for which the subdivider is responsible shall extend to the centerline of adjacent public streets. E. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate shall be considered zero unless the subdivider provides site -specific data that indicate otherwise. F. The subdivision shall be graded to permit stormwater flow in excess of retention capacity to flow out of the subdivision through a designated overflow outlet and into the historic drainage relief route. G. Stormwater drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. H. The design of the subdivision shall not cause any increase in flood boundaries, flood levels, flood duration or flood occurrence in any area outside the subdivision. I. All drainage facilities shall be designed and constructed consistent with the comprehensive drainage master plan and meet the requirements and standards of the city and CVWD. J. Stormwater drainage improvements shall be reflective of the needs of each development project. For example, providing street curbs in areas designated rural residential overlay on the land use policy diagram of the La Quinta general plan, may not be appropriate and alternative stormwater facilities will be necessary. K. On -site retention shall be in a common retention basin or basins except in the case of residential lots two and one-half acres in size or greater or where, in the opinion of the city engineer, the overall lay of the land or other compelling circumstances make common retention basins impracticable. If individual -lot retention is approved, the following conditions shall apply: 1. Each private lot proposed for on -site retention shall be designed to receive and safely convey stormwater in excess of retention capacity, including inflow from adjacent properties. Front yards shall drain to the street unless constrained by the overall lay of the land. Retention basin side slopes shall not exceed 3:1. 2. Calculations to determine the required volume of retention and grading plans for each lot shall consider previously approved grading plans for adjacent properties and shall be submitted, with copies of the previously approved adjacent -lot plans, to the city engineer for plan checking and approval. 3. Prior to or concurrently with the recordation of the final subdivision map, a homeowners' association or lot owners' association (HOA) shall be legally established and covenants, conditions and restrictions (CC&Rs) recorded. The CC&Rs shall stipulate the requirement and/or need for design, construction and maintenance of individual on -lot basins and the required retention capacity for each individual lot. The CC&Rs shall grant the HOA irrevocable rights to enter and maintain each individual retention basin and perform all subdivision C[A Qui,ta 5-98) 494 4 1 13.24.120 grading necessary for the stormwater retention design. The CC&Rs shall establish, in an irrevocable manner, that: a. The HOA has responsibility for maintenance of the overall retention capacity of the development, b. If the HOA fails to maintain the overall retention capacity, the city shall have the right to seek other remedies to restore and/or maintain the overall capacity or to establish or expand downstream facilities to mitigate the off -site effects of the HOA's failure to maintain the overall capacity; and c. The HOA shall promptly reimburse the city for any and all costs incurred in exercising such right. 4. The final subdivision map shall establish a perpetual easement granting the city the right to enter and maintain retention basins and other drainage facilities, as necessary, to preserve or restore the approved stonnwater conveyance and retention design, with no compensation to the property owner. L. If a common basin is utilized for on -site retention of storm and nuisance water, the following conditions shall apply: 1. Retention basin depth shall not exceed six feet including a minimum freeboard of one foot. 2. In developments in which primary security will be provided by public safety agencies, all areas of common retention basins shall be visible from adjacent streets. (Ord. 295 § 1 (part), 1997; Ord. 272 § 1 (part), 1995) 13.24.130 Landscape setbacks. Landscape setbacks are required along public street rights -of -way. Buildings, walls, parking lots, and other improvements associated with the subdivision shall not be constructed within setbacks except as allowed herein. Retention basins, public sidewalks and equestrian trails may be located in setbacks if approved by the city as compatible with the landscape and design theme desired within the setbacks. Landscape setbacks for residential subdivisions shall be created on the final map as lettered lots. If the subdivision streets are to be ungated and publicly maintained, landscape setback lots shall be dedicated to the city. If the subdivision streets are to be gated and privately maintained, landscape setback lots shall be dedicated to the homeowners' or landowners' association. Landscape setback widths, as measured perpendicular to the right -of way line, shall generally be as follows: Street Setback Highway 111 50 feet Other major arterial streets 20 feet Primary arterial streets 20 feet Secondary arterial streets 10 feet Collector streets 10 feet Improvements within areas designated agricultural character retention areas on the open space policy diagram of the La Quinta general plan shall incorporate elements of past agricultural uses, such as date palm groves and citrus orchards into those landscape areas that are within or adjacent to public rights -of -way. (Ord. 295 § 1 (part), 1997; Ord. 272 § 1 (part), 1995) 13.24.140 Landscaping plans. Landscape and irrigation plans for landscaped lots, landscape setback areas, medians, common retention basins and park facilities shall be prepared by a licensed landscape architect. Landscape and irrigation plans shall be submitted for review and approval of the community development director and the city engineer. (Ord. 295 § 1 (part), 1997; Ord. 272 § 1 (part), 1995) 13.24.150 Special improvements. Bicycle lanes shall be designed and improved consistent with the bikeway corridor policy diagram contained within the La Quinta general plan, or if adopted, the comprehensive trails system master plan. Hiking and equestrian trails shall be designed and improved consistent with the park recreation policy diagram of the La Quinta general plan, or if adopted, the comprehensive trails system master plan. The trails shall be deeded to the city either in fee or as easements as determined by the city engineer. (Ord. 295 § 1 (part), 1997; Ord. 272 § 1 (part), 1995) 495 (La Quinta 5-98) FA"Affill 13.24.160 13.24.160 Maintenance. Subdividers shall make provisions for maintenance of improvements until final acceptance, by the city council, of all improvements required as conditions of approval. For privately maintained street and drainage improvements, the entity responsible for maintenance shall comply with all applicable provisions of the general stormwater discharge permit (SDP) issued for the Colorado River Basin under the National Pollutant Discharge 2iminavon System (NPDES), including the city's stolmwater pollution prevention plan (SWPPP) and the drainage area master plan (DAMP). (Ord. 295 § 1 (part), 1997; Ord. 272 § 1 (part), 1995) 13.24.170 Clean air/clean water. The subdivider shall comply with applicable provisions of the NPDES. In the absence of an NPDES permit specific to the subdivision, the subdivider shal comply with the SWPPP and DAMP as approved for the city under the city's SDP. Graded land shall be protected from wind and water erosion through the use of various materials and methods such as, but not limited to, active irrigation, establishment of vegetative root structure to anchor soil, or surface barriers such as straw, wood chips or anchored plastic sheeting. Prior to grading operations, the subdivider shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.10 of this code. (Ord. 295 § 1 (part), 1997; Ord. 272 § i (part), 1995) 13.24.180 Fees and deposits. Subdividers shall pay deposits and fees required by the city for plan checking and construction permits. Deposit and fee amounts shall be those in effect when the subdivider makes application for the plan checks and permits. Prior to approval of a final map or completion of any approval process for modification of boundaries of property subject to these conditions, the subdivider shall process a reapportionment of any bonded assessment(s) against the property and pay all costs of the reapportionment. (Ord. 295 § 1 (part), 1997; Ord. 272 § 1 (part), 1995) 1* (La Quinta 5-98) 496 k 435 CA Codes (gov:56375-56388) ATTACHMENT N8 GOVERNMENT CODE SECTION 56375-56388 56375. The commission shall have all of the following powers and duties subject to any limitations upon its jurisdiction set forth in this part: (a) To review and approve or disapprove with or without amendment, wholly, partially, or conditionally, proposals for changes of organization or reorganization, consistent with written policies, procedures, and guidelines adopted by the commission. The commission may initiate proposals for (1) consolidation of districts, as defined in Section 56036, (2) dissolution, (3) merger, or (4) establishment of a subsidiary district, or a reorganization that includes any of these changes of organization. A commission shall have the authority to initiate only a (1) consolidation of districts, (2) dissolution, (3) merger, (4) establishment of a subsidiary district, or (5) a reorganization that includes any of these changes of organization, if that change of organization or reorganization is consistent with a recommendation or conclusion of a study prepared pursuant to Section 56378, 56425, or 56430 and the commission makes the determinations specified in subdivision (b) of Section 56881. However, a commission shall not have the power to disapprove an annexation to a city, initiated by resolution, of contiguous territory that the commission finds is any of the following: (1) Surrounded or substantially surrounded by the city to which the annexation is proposed or by that city and a county boundary or the Pacific ocean if the territory to be annexed is substantially developed or developing, is not prime agricultural land as defined in Section 56064, is designated for urban growth by the general plan of the annexing city, and is not within the sphere of influence of another city. (2) Located within an urban service area that has been delineated and adopted by a commission, which is not prime agricultural land, as defined by Section 56064, and is designated for urban growth by the general plan of the annexing city. (3) An annexation or reorganization of unincorporated islands meeting the requirements of Section 56375.3. As a condition to the annexation of an area that is surrounded, or substantially surrounded, by the city to which the annexation is proposed, the commission may require, where consistent with the purposes of this division, that the annexation include the entire island of surrounded, or substantially surrounded, territory. A commission shall not impose any conditions that would directly regulate land use density or intensity, property development, or subdivision requirements. When the development purposes are not made known to the annexing city, the annexation shall be reviewed on the basis of the adopted plans and policies of the annexing city or county. A commission shall require, as a condition to annexation, that a city prezon.e the territory to be annexed or present evidence satisfactory to the commission that the existing development entitlements on the territory are vested or are already at buildout, and are consistent with the city's general plan. However, the commission shall not specify how, or in what manner, the territory shall be prezoned. The decision of the commission with regard to a proposal to annex territory to a city shall be based upon the general plan and prezoning of the city. 46 http://www.leginfo.ca.gov/cgi-binldlsplaycode?section=gov&group=56001-57000&file=5.. 5/11/2006 CA Codes (gov:56375-56388) Page 2 of 11 (b) With regard to a proposal for annexation or detachment of territory to, or from, a city or district or with regard to a proposal for reorganization that includes annexation or detachment, to determine whether territory proposed for annexation or detachment, as described in its resolution approving the annexation, detachment, or reorganization, is inhabited or uninhabited. (c) With regard to a proposal for consolidation of two or more cities or districts, to determine which city or district shall be the consolidated, successor city or district. (d) To approve the annexation of unincorporated, noncontiguous territory, subject to the limitations of Section 56742, located in the same county as that in which the city is located, and that is owned by a city and used for municipal purposes and to authorize the annexation of the territory without notice and hearing. (e) To approve the annexation of unincorporated territory consistent with the planned and probable use of the property based upon the review of general plan and prezoning designations. No subsequent change may be made to the general plan for the annexed territory or zoning that is not in conformance to the prezoning designations for a period of two years after the completion of the annexation, unless the legislative body for the city makes a finding at a public hearing that a substantial change has occurred in circumstances that necessitate a departure from the prezoning in the application to the commission. (f) With respect to the incorporation of a new city or the formation of a new special district, to determine the number of registered voters residing within the proposed city or special district or, for a landowner -voter special district, the number of owners of land and the assessed value of their land within the territory proposed to be included in the new special district. The number of registered voters shall be calculated as of the time of the last report of voter registration by the county elections official to the Secretary of State prior to the date the first signature was affixed to the petition. The executive officer shall notify the petitioners of the number of registered voters resulting from this calculation. The assessed value of the land within the territory proposed to be included in a new landowner -voter special district shall be calculated as shown on the last equalized assessment roll. (g) To adopt written procedures for the evaluation of proposals, including written definitions not inconsistent with existing state law. The commission may adopt standards for any of the factors enumerated in Section 56668. Any standards adopted by the commission shall be written. (h) To adopt standards and procedures for the evaluation of service plans submitted pursuant to Section 56653 and the initiation of a change of organization or reorganization pursuant to subdivision (a) . (i) To make and enforce regulations for the orderly and fair conduct of hearings by the commission. (j) To incur usual and necessary expenses for the accomplishment of its functions. (k) To appoint and assign staff personnel and to employ or contract for professional or consulting services to carry out and effect the functions of the commission. (1) To review the boundaries of the territory involved in any proposal with respect to the definiteness and certainty of those boundaries, the nonconformance of proposed boundaries with lines of assessment or ownership, and other similar matters affecting the proposed boundaries. (m) To waive the restrictions of Section 56744 if it finds that r http://www.leginfo.ca.gov/cgi-binldlsplaycode?section=gov&group=56001-57000&file=5... 5/11 /2006 r i q 'ti,. j RIONib wow*-, ;L , i �,rx� ter¢ � ° ��,��. ._ � �. 3� ��• �s ;� it s e ............ fi p�. a r• � { Sx3} 'yi�Es •lx' Y 5 .,'O ?r� s 3..� ►-� On ME ONiv .1. a x n }. a r°pEn T�sz: e _ •• . 'tz t 1 � �13` :_c..._. :� ``��: ,; -alY .t•• `''� iL"w •ti x `sE� ::34::::; ,- 2� r i-I j J to I e .. + ,�• _/, �, JCS ¢ s 0_ p s- � w • 4A T'v d 5l Hv l� a' Z EXHIBIT 2 IDMSA CONSULTING, INc. Aerial Photograph MAmmRo. SMITH & ASSOCIATES. INC_ rLAwim.CmLENGuam No.UNDSURVnzo THE ENCLAVE AT LA QUINTA, LLC. 34200 Boa Hors DRrvE • RANmo MntwoE ■ CA 92270 TuEmoNB (760) 320-98n ■ FAx (760) 323-7V3 SPECIFIC P L-A N _T 438 JZ or" � VI'o 3� j 4 F3 FNJ>a " R - < ., k tit:.+ -',a t,`p%ffi,RT is • = � k $ �. � ,�Y i1� _. A'wb� •. R.'iti.&."�o: a CV -. �k- n. X'6da r. op ami RE Ylu ii i - a>' " � k -- � � 1 �=m ._fir a�u o`•j£aa�.s:f Y �J F3 _ -- - MIL 8C D D D as it ear �6�� z E' ags .s E¢ is i�o$ 4os�� p F 8 �c 3i11?.c� m K Z $3 r D n� 8¢ =9 t E 6 P W egg E ti �i3 �I�p g a a as Q zwDo> E' gl��E IS i� Eppp ¢E a r Z > P EXHIBIT 7 t Date: 08 24 zoos MSA CoxsuLnm.INc. Tentative Tract Map M MMRO, Swm & Assomm INc ID. Crim ■ L-,NvsmvEYM I THE ENCLAVE AT LA QUINTA, LLC. 3a2M Bos Hope D¢rva . Rwrxso MmA(m ■ CA 92270 SPECIFIC P L A N T 893 som (760) 320-M ■ Rkx (760) 323-7 c c m r MONROE STREET O rD rn N Z 0 m Z C m z C� �1:4a oiev-4) 0 �e� � o go n ro m 0 01 rrD r AID f-- 0 (D U Q CD °4 rt x� 'Oi e, J,I Iqj ws ",v e � s i e t 0-' 0 g l rD © ti7 CT Q S CO O G> 7DD s o a m' a r� d rD al 11 EXHIBIT 16 7 Date: 09/29/2005 IDMSA Coxsvmm, Ixc. Illustrative Community Landscape Plan MAmEw, SmrrH & Assocums, INC PLANNm . Crva. ENoonumKo . Lmm SmvtrfwG THE ENCLAVE AT LA Q U I N T A, L L C. 34200 so$ Hors DRm ■ RANcxo MmAoE ■ CA 92270 [Tc"xotm (760) 320-98U ■ FAx (760) 323-7893 SPECIFIC P L A IV a; c 73 L2 A v r� Q m r 0 EXHIBIT 18 441 Date: 09 2s zoos IDMSA CoNsvl.mNG, INC Perimeter Street Landscape Cross -Section MAwi Ro, SMrrx & AssoQATEs, INC. PLANmNo . Cwm Bxou;EzRmo . LAND SoRvEywci j T H E ENCLAVE AT LA Q UIN T A, L L C. 34200 Boa Aopa Dxrve ■ Rwxcno Mmnos ■ CA 92270 SPECIFIC P L A N TaxpHoNB (760) 320-98U 0 FAx (760) 323-7893 0 0 W !� n v n rD O a N CO (D T) S S CD EXHIBIT 29 Date: 09/29/2005 MSA CoxsulTiNG, INc. Recreation Area Landscape Plan MmNmRO, SmrrH & A380mTES, INC. IDPLANmNc . Civm ENGuam pro . LAND SuRvEywa THE ENCLAVE AT LA Q U I N T A, L L C. 342M gpB Hops Dplw . P-kwmo MmAcB . CA 92270 SPECIFIC P L. AN TBt"wtm (760) 320-98U ■ FAx (760) 323-7893 l ATTACHMENT 10 WORK PROGRAM — DRAFT CITY OF LA QUINTA SPHERE OF INFLUENCE - PLANNING AREAS I & II MAY 8, 2006 Strategic Planning Process The purpose of developing a Strategic Plan is to evaluate the overall effects of future annexation including staffing levels, infrastructure needs, community design criteria, parks and recreation, public safety, and fiscal consequences. Future annexations will require immediate expansion of City services while municipal revenue will be limited due to Riverside County RDA and low tax base for agricultural land. Key components of the Strategic Planning Process will include: Community Workshops focused on development standards, guidelines and overall community expectations. This step could include Town Hall/Visioning Sessions with a design charrette which could include community image surveys and computer simulations. Land Use and Development Programs with focus on results of Community Workshops, community design, subdivision design, and fiscal balancing program. This component needs to consider Planning Areas 1 and 2 commercial development opportunities, lodging opportunities and the overall need to create revenue generating land uses to off -set the lack of property tax base in areas south of Avenue 54. • Community Facilities and Infrastructure evaluation and program with emphasis on roadway infrastructure (including South Valley Parkway Implementation Program), master plan of drainage, public facilities (fire, library, police, public works yard), and other potential capitol improvement needs. Preparation of an expanded Development Impact Fee is also proposed. Parks and Recreation Master Plan including equestrian community facilities, sports complex (possibly tied to equestrian programs), and expanded recreation programs. • Annexation Strategy with emphasis on a coordinated annexation program that requires fiscally sound annexations. • Implementation Program which should include the following components: 1 . Comprehensive City services and staffing. 2. Fiscal Impact Report. 3 3. Public Safety (police and fire) Services Plan. 4. General Plan and Zoning Ordinance revisions. 5. Park & Recreation Master Plan. 6. Housing Element Update. 7. Public facility land acquisition program. 8. Update DIF Infrastructure Program. 9. City/Riverside RDA program. 10. Native American consultation program. 1 1 . Airport Land Use planning program. 12. Funding program for all new residential development including, but not limited to, one time pre -annexation development fee for community facilities districts, or other fiscal mitigation program. 13. Develop a pre -annexation development agreement focused upon off- setting the cost of City services and facilities due to an inability to collect property taxes. 4,14 REPORT/INFORMATIONAL ITEM: /9 MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A Regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA April 5, 2006 10:00 a.m. I. CALL TO ORDER A. This meeting of the Architectural and Landscaping Review Committee was called to order at 10:00 a.m. by Planning Manager Les Johnson. B. Committee Members present: Bill Bobbitt, Frank Christopher, and Tracy Smith. C. Staff present: Planning Manager Les Johnson, Principal Planner Stan Sawa, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT CALENDAR: None. V. BUSINESS ITEMS: A. Site Development Permit 2006-858; a request of Standard Pacific Coachella for consideration of architectural and landscaping plans for three prototypical residential plans for use in Tracts 3279 and 33336 located on the north side of Avenue 58, approximately 2,000 feet west of Madison Street. 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Salim Rahemtulla, Project Manager, Ram Clinton, Division Manager, Rosie Lara, Assistant Project Manager, Joe Alorajano, architect, and Bob Borthwick, landscape architect who gave a presentation on the project. 2. Committee Member Smith asked about the approved tree list. Mr. Rahemtulla stated they were previously approved. Committee Member Smith stated the trees are deciduous and will be barren. They should be an evergreen. 415 r•\\A/Pnnrc\oi Rr\a_R_nr, nnr Architecture and Landscaping Review Committee April 5, 2006 3. Committee Member Bobbitt stated he too would like to see the Bottlebush tree replaced. Mr. Bob Borthwick stated they obtained the list from CVWD. Committee Member Bobbitt stated the tree species will work but they are messy and will go bare in the winter months. 4. Committee Member Smith asked the species of trees that were to be relocated on the Baker property. Mr. Rahemtulla stated they were not aware of the species. Discussion followed on the location of the boulders and what vines would be used along the Baker residence wall. Committee Member Smith stated the entrance appears to be somewhat sparse. 5. Committee Member Bobbitt stated he had no objection to the architectural plans. He asked the material to be used for the garage doors. The applicant stated it would be a metal roll -up door. Committee Member Bobbitt asked the size of the reveals on the windows. The applicant stated 12 inches with a brick over grouted look. 6. Committee Member Christopher asked if they would be using "S" roof tile with three -color mixes. Applicant stated yes. 7. There being no further questions of the applicant, it was moved and seconded by Committee Members Christopher/Bobbitt to adopt Minute Motion 2006-015 recommending approval of Site Development Permit 2005-858, as recommended. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None. VII. COMMITTEE MEMBER ITEMS: None VIII. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Christopher/Bobbitt to adjourn this regular meeting of the Architectural and Landscaping Review Committee to a regular meeting to be held on May , 2006. This meeting was adjourned at 10:33 a.m. on April 5, 2006. R tfully sub tted, r i:'%AW ER Executive Secretary REPORT/INFORMATIONAL ITEM: l� MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA April 11, 2006 7:00 P.M. I. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:08 p.m. by Vice Chairman Quill who asked Commissioner Alderson to lead the flag salute. B. Present: Commissioners Ed Alderson, Katie Barrows, Rick Daniels, Kay Ladner and Vice Chairman Paul Quill. Unanimously approved. C. Vice Chairman Quill asked for nominations for Chair. It was moved and seconded by Commissioners Daniels/Alderson to nominate Paul Quill. There being no further nominations, the nominations were closed and Paul Quill was elected Chairman. D. Chairman Quill asked for nominations for Vice Chair. It was moved and seconded by Commissioners Alderson/Ladner to nominate Rick Daniels. There being no further nominations, the nominations were closed and Rick Daniels was elected as Vice Chair. E. Staff present: Community Development Director Doug Evans, Assistant City Attorney Michael Houston, Planning Manager Les Johnson, Principal Planner Stan Sawa, Associate Planners Wallace Nesbit and Andrew Mogensen, Assistant Planner Jay Wuu, and Executive Secretary Betty Sawyer II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT' ITEMS: A. Chairman Quill asked if there were any changes to the Minutes of the March 14, 2006 regular meeting. There being no changes to the minutes, it was moved and seconded by Commissioners Ladner/Alderson to approve the minutes as submitted with Commissioner Barrows abstaining. V. PUBLIC HEARINGS: None. A. Tentative Parcel Map 34416 and Village Use Permit 2006-033; a request of David Chapman Investments, LLC for consideration of the subdivision 447 G:\WPDOCS\PC Minutes\2006\4-11-06PC.doc Planning Commission Minutes April 1 1 , 2006 of 4 ± acres into two parcels to allow a 13,171 square foot two story office building for the property located at the northeast corner of Avenue 52 and Desert Club Drive. 1 . Chairman Quill opened the public hearing and asked for the staff report. Associate Planner Andrew Mogensen presented the information contained in the staff report, a copy of which was on file in the Community Development Department. 2. Chairman Quill asked if there were any questions of staff. Commissioner Alderson asked why staff was recommending Palmer's be closed at lunch. Staff reviewed the condition. Commissioner Alderson asked if the City's monument sign for the Village would be retained. Staff stated yes, it would be kept. 3. Commissioner Barrows noted she had driven by and all the parking spaces were filled including the office building across the street. 4. Commissioner Daniels asked for confirmation that the stone would be same as on the restaurant. Staff stated it would be. 5. Commissioner Ladner asked if staff knew how many users there would be for the building. Staff stated that currently the building was just a shell with users to be determined later. 6. Chairman Quill asked the location of the covered carport. Staff noted the location on the map and stated it was only for 15 spaces. 7. Commissioner Alderson asked if the walk-through pedestrian area will have security. Staff stated that since there are no interior hallways and there should not be a security problem. Commissioner Alderson asked if the landscaping plan would be brought back. Public Works Director Tim Jonasson stated the applicant is in the process of doing a hydrology review. The size of the building footprint indicates they may have to do underground retention which will require the landscaping plan to change. 8. There being no questions of staff, Chairman Quill asked if the applicant would like to address the Commission. Mr. Andre Servantes, representing David Chapman Investments, LLC, gave a presentation on the project. Mr. Art Gardner, civil engineer for the project addressed the off -site drainage and parking issues. Mr. e r � G:\WPDOCS\PC Minutes\2006\4-1 1-06PC.doc Planning Commission Minutes April 1 1 , 2006 Gardner asked that the Condition No. 66.A., regarding the restaurant being required to be closed for lunch, be removed. Also, Condition No. 45 requiring the covered parking spaces be removed as this is an existing parking lot. Staff clarified the covered parking spaces were due to the office building. 9. Commissioner Barrows asked why they would not want to revise the Parking Management Program. Mr. Servantes explained the problems they would have to revise the Plan. 10. Chairman Quill asked staff to clarify the covered parking condition. Staff stated the Code requires 15 % of the parking spaces for a commercial office building shall be covered. 11. Chairman Quill asked if anyone else wanted to speak on this project. Mr. A. Atadros, 78-170 Calle Cadiz, stated his objection to the two-story buildings. His home has been there for over 40 years and now he has to put up with the lights and height of these buildings. 12. Mr. Skip Lench, 78-215 Calle Cadiz, stated his objection to the massing of this building on a corner. The line of site turning left onto Avenue 52 from Desert Club Drive will be very difficult. In addition, when this site was originally approved, the residents who backed up to this site only had to put up with the noise, lights, etc., at night. Now it will be all day and night. 13. Mr. Bill Guyagos, 78-195 Calle Cadiz, reviewed the original approvals that were given to the restaurant and how many changes they have made since then that were not in the original approval. He strongly objects to this project. 14. There being no further public comment, the public participation portion of the hearing was closed and the matter was opened to Commission discussion. 15. Commissioner Daniels asked if the site had been rezoned and was there any condition that limited the development of this property. Staff stated they were not aware of any restrictions. 16. Chairman Quill asked how long it had been zoned Village Commercial. Staff stated the Palmer site was originally residential and was rezoned in 2000/2001 . 419 G:\WPDOCS\PC Minutes\2006\4-1 1-06PC.doc Planning Commission Minutes April 1 1 , 2006 17. Commissioner Alderson noted for the record, this project is being evaluated on its merits and not because of any names that are involved with the business. 18. Commissioner Ladner noted she works in an office building next to a restaurant where they share the parking and there is never enough parking. 19. Commissioner Barrows asked if the vacant lot immediately north was zoned Village Commercial. Staff stated it was Village Commercial. 20. Chairman Quill asked if staff was aware of any conversations with the adjacent property owners regarding this project. Staff was not aware of any. 21. Commissioner Barrows asked if any site in the Village Commercial would allow two story buildings. Staff noted the zoning designations of the surrounding properties. Community Development Director Doug Evans stated the office building is over 250 feet from the existing the existing residences on Calle Cadiz with parking separating the buildings. With this large a setback and landscaping, staff did not believe it would be that much of an impact. Commissioners could add conditions to soften the lighting. 22. Commissioner Barrows stated her concerns regarding the massing buildings and asked if there was any flexibility in the Code to allow a breakup in the line of sight. Staff noted the areas of the building where the massing had been reduced with the rotunda and columns. Community Development Director Doug Evans stated the Commission does not need to approve the building massing and make findings to ask the applicant to redesign. The applicant has designed a very strong architectural building and conditions could be added to reduce the massing. 23. Commissioner Ladner commended the architect on the building, but believes it is in the wrong location. The parking will be a problem and even more so if the restaurant is open for lunch. In addition, she does not believe this building will complement the restaurant. 450 G:\WPDOCS\PC Minutes\2006\4-11-06PC.doc Planning Commission Minutes April 1 1, 2006 24. Commissioner Daniels stated that if the building is being designed and built within the City standards, the applicant has a building that is attractive. He does not believe there will be a parking problem. 25. Commissioner Alderson noted the concerns of the adjacent neighbors. The building is well designed and he has no concerns with the building. He does have a concern about the issues raised by the property owners. Community Development Director Doug Evans stated that if the Commission is concerned with prior approvals or the history of the site, the Commission could continue the project and allow staff to make a more extensive research of the issues stated. 26. Chairman Quill reopened the public hearing. Commissioner Alderson asked if there was an opportunity to provide some attractive screening on the north property line. Mr. John Vuksic, architect for the project, stated there is considerable landscaping now and this was done to buffer the commercial from the residential. 27. Commissioner Barrows agreed that lighting should be looked at in more detail. She would like staff to have more discussion with the applicant to resolve some of the issues. 28. Chairman Quill agreed it is a great looking building and believes it is fitting for the dense commercial they are wanting. He too questions the concerns regarding the parking. 29. It was moved and seconded by Commissioners Daniels/Alderson to adopt Planning Commission Resolution 2006-017 approving Tentative Parcel Map 34416 as recommended and as amended. 30. Staff noted the Commission was the final approving authority on the project. With that, Commissioners Daniels/Alderson withdrew their motion. 31. It was moved and seconded by Commissioners Ladner/Barrows to continue Tentative Parcel Map 34416 and Village Use Permit 2006-033, to May 9, 2006, with the following concerns to be address: a. Line of sight exhibit and/or a story pole b. Exterior Light on the structure and shielding C. Address the parking issue 1 G:\WPDOCS\PC Minutes\2006\4-11-06PC.doc Planning Commission Minutes April 1 1 , 2006 d. Legal reliance there has been no commitment for open space Unanimously approved. B. Site Development Permit 2006-856; a request of Quadrant, LLC for consideration of three prototypical residential units, landscaping plans, and perimeter and interior walls for Tentative Tract Map 33717, a 17 lot single-family residential subdivision on 4.6 acres, for the property located west of Monroe Street along the south side of Avenue 58. 1 . Chairman Quill opened the public hearing and asked for the staff report. Associate Planner Andrew Mogensen presented the information contained in the staff report, a copy of which was on file in the Community Development Department. 2. Chairman Quill asked if there were any questions of staff. Commissioner Alderson stated the long narrow lots will be accentuated by this style of house. He sees no reference to sidewalks incorporated on the perimeter of the streets. Staff noted it has not been the City's practice to require sidewalks on private streets. 3. Commissioner Daniels asked if there were any limitations on two story units. Staff stated there are none. 4. There being no questions of staff, Chairman Quill asked if the applicant would like to address the Commission. Mr. Jay Vanos, architect for the project, gave a presentation on the project. 5. Commissioner Alderson asked about the front entry gates. Mr. Vanos stated it is a card -keyed gate and went on to explain the design and materials to be used. Commissioner Alderson noted the water flow is to the rear of the property and the retention basin is in the front. Public Works Director Tim Jonasson stated staff encourages designers to keep the retention to the front of the projects. 6. Commissioner Barrows asked what the applicant had done to meet the energy calcs on the south side. Mr. Vanos explained they are using the dual glazed windows as well as a screening system that will be placed on the south face wherever there is any glass on the south side. In some instances there will even be a roll -down shutter. Commissioner Barrows asked how the fountain will fit in with the City's Water Efficiency Landscaping. Mr. Vanos stated they will meet all City Codes in regard to the fountain. r 5 G:\WPDOCS\PC Minutes\2006\4-11-06PC.doc Planning Commission Minutes April 1 1, 2006 7. Commissioner Daniels asked if the rear retention basin was looked at during the plotting of the tract map. Staff stated they were unaware of how this was accomplished. 8. Chairman Quill stated his concern that the water feature is too much and asked if it could be reduced. The applicant stated they are willing to work with staff to redesign it to meet the City Codes. 9. Chairman Quill asked if anyone else wanted to speak on this project. There being no further public comment, the public participation portion of the hearing was closed and the matter was opened to Commission discussion. 10. It was moved and seconded by Commissioners Daniels/Ladner to adopt Minute Motion 2006-008 approving Site Development Permit 2006-856, as recommended and as amended: a. Condition added requiring a reduction in the size of the water feature. Approved with Commissioner Alderson voting no. C. Site Development Permit 2006-854; a request of East of Madison, LLC (Madison Club) for consideration of architectural and landscape plans for a Reception Center located at the southeast corner of Avenue 52 and Meriwether Way within the Madison Club. 1 . Chairman Quill opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which was on file in the Community Development Department. 2. Chairman Quill asked if there were any questions of staff. Commissioner asked for an explanation of a "knox garden". Staff replied the applicant would answer this question. 3. There being no questions of staff, Chairman Quill asked if the applicant would like to address the Commission. Mr. John Gamlin explained the term "knox garden and gave a presentation on the project. 4 ,) 3 G:\WPDOCS\PC Minutes\2006\4-1 1-06PC.doc Planning Commission Minutes April 1 1 , 2006 4. Chairman Quill asked if anyone else wanted to speak on this project. There being no further public comment, the public participation portion of the hearing was closed and the matter was opened to Commission discussion. 5. It was moved and seconded by Commissioners Daniels/Alderson to adopt Planning Commission Resolution 2006-017 approving Tentative Parcel Map 34416 as recommended. ROLL CALL: AYES: Commissioners Alderson, Barrows, Daniels, Ladner, and Chairman Quill D. Environmental Assessment 2005-552, Specific Plan 2005-076, Tentative Tract Map 34038, and Village Use Permit 2005-030; a request of Borrego Resort Holdings, Inc. for consideration of 1) adoption of a Mitigated Negative Declaration of environmental impact; 2) design guidelines for a 20-unit condominium project to provide for increased building heights up to 38.5 feet; 3) the subdivision of 1 .23 acres into 20 airspace condominium units; and 4) to allow the construction of a 20-unit two and one-half story residential condominium building up to 38.5 feet in height with sublevel parking in the Village, for the property located on the south side of Calle Tampico, Between Avenida Villa and Avenida Navarro. 1 . Chairman Quill opened the public hearing and asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which was on file in the Community Development Department. Community Development Director Doug Evans explained the need to have the parking structure remain underground as much as possible. A new condition has been added in regard to noise as there needs to be a strong disclosure that this may be noisier in time as the Village develops. Lastly, the Sheriff's Department does have some concerns and final determination by the Sheriff's Department should be added to the conditions. 2. Chairman Quill asked if there were any questions of staff. Commissioner Daniels asked what objections were made by the Sheriff's Department. Staff stated they were concerned about security. 45 G:\WPDOCS\PC Minutes\2006\4-11-06PC.doc Planning Commission Minutes April 1 1 , 2006 3. Commissioner Alderson asked if the parking structure will be carded. Staff stated if will be a clicker and staff is also requesting added space(s) for guests and the loading/unloading of vehicles. 4. Commissioner Barrows asked if the lower level units would have their own courtyards with landscaping. She would like to see less hardscape and more landscaping. 5. There being no questions of staff, Chairman Quill asked if the applicant would like to address the Commission. Mr. Sergio Sendowsky, representing the applicant, gave a presentation on the project. In regard to the Sheriff's Department comments there is only one condition they are concerned with and that is that the stairwells be redesigned. Each unit on the lower floor has its own patio which will be buffered with landscaping. 6. Commissioner Ladner asked the length of the staging area going into the garage. Mr. Sendowsky stated the stacking is for one car. 7. Commissioner Barrows asked where the building height exceeded the Village height requirement. Mr. Sendowsky noted on the plans where the building would reach 40' 10". Typical is 38 feet. 8. Commissioner Alderson asked about storage space for the units. Mr. Sendowsky explained where the storage areas were located. 9. Commissioner Ladner asked the size of the storage units and how many parking spaces each unit have. Mr. Sendowsky stated the size of the storage units will vary and the parking spaces are more than two. 10. Chairman Quill asked if the courtyard was accessible from the street. Mr. Sendowsky stated you have to go into the building to get to the courtyard. Chairman Quill asked about maintenance entrance or parking for the workers. Mr. Sendowsky noted on the plans how they would enter. Currently, there is no provision for a 24-hour security person. 12. Commissioner Ladner suggested they have a full time security person with access to the cameras. ' I 5 5 G:\WPDOCS\PC Minutes\2006\4-11-06PC.doc Planning Commission Minutes April 1 1 , 2006 13. Commissioner Ladner asked how the residents would get to the sidewalk. Mr. Sendowsky stated through the garage gate. Staff noted they were not conditioned to provide bicycle parking and/or storage rooms. 14. Chairman Quill asked if anyone else wanted to speak on this project. There being no further public comment, the public participation portion of the hearing was closed and the matter was opened to Commission discussion. Community Development Director Doug Evans noted staff had conditioned the project to bring back Condition #86 to have the interior courtyard upgraded. Mr. Rich Wild, partner/owner, explained the pool is at grade level and the remaining area is the area directly above the parking area. It would be difficult for them to revise the landscaping when they do not have the area to work with. 15. Commissioner Alderson asked how the site will be drained. Mr. Wild explained the different alternatives they could use. Public Works Director Tim Jonasson stated there is a large macro drainage that goes to a culvert where everything will ultimately drain to. 1 6. Chairman Quill closed the public hearing and opened the matter for Commission discussion. 17. Commissioner Barrows stated her concern for the increased height. Staff stated the van accessibility is causing the parking entrance to be increased in height. This caused the redesign of the entrance. 18. Chairman Quill stated his approval of the design, but would like staff to work with the applicant to see if the building height could be reduced from 40 feet. 19. It was moved and seconded by Commissioners Alderson/Daniels to adopt Planning Commission Resolution 2006-018 recommending adoption of a Mitigated Negative Declaration for Environmental Assessment 2005-552, as recommended. ROLL CALL: AYES: Commissioners Alderson, Barrows, Daniels, Ladner, and Chairman Quill. NOES: None. ABSTAIN: None. ABSENT: None. 456 G:\WPDOCS\PC Minutes\2006\4-11-06PC.doc Planning Commission Minutes April 1 1, 2006 20. It was moved and seconded by Commissioners Alderson/Daniels to adopt Planning Commission Resolution 2006-019 recommending approval of Specific Plan 2005-076, as recommended. ROLL CALL: AYES: Commissioners Alderson, Barrows, Daniels, Ladner, and Chairman Quill. NOES: None. ABSTAIN: None. ABSENT: None. 21. It was moved and seconded by Commissioners Alderson/Ladner to adopt Planning Commission Resolution 2006-020 recommending approval of Tentative Tract Map 34038, as recommended. ROLL CALL: AYES: Commissioners Alderson, Barrows, Daniels, Ladner, and Chairman Quill. NOES: None. ABSTAIN: None. ABSENT: None. 22. It was moved and seconded by Commissioners Alderson/Daniels to adopt Planning Commission Resolution 2006-021 recommending approval of Village Use Permit 2005-030, as recommended and as amended: a. Bicycling storage shall be provided on site. b. The concierges area shall have visual access to the security camera. C. The garage shall be designed to accommodate as low a building profile as discussed. d. The Sheriff's Department comments shall be incorporated into the conditions. ROLL CALL: AYES: Commissioners Alderson, Barrows, Daniels, Ladner, and Chairman Quill. NOES: None. ABSTAIN: None. ABSENT: None. VI. BUSINESS ITEMS: A. Discussion and determination on whether or not Cigar Lounges are a permitted use, prohibited use, or conditional use in the Non -Residential Zoning Districts; a request of the City for a determination. 1 . Chairman Quill asked for the staff report. Assistant Planner Jay Wuu presented the information contained in the staff report, a copy of which was on file in the Community Development Department. Q G:\WPDOCS\PC Minutes\2006\4-11-06PC.doc Planning Commission Minutes April 1 1 , 2006 2. There being no questions of staff, Chairman Quill asked if there was any public comment. Mr. Jason Granados, Palm Desert, explained his business and asked the Commission to consider his request. Community Development Director Doug Evans stated that when alcohol is the primary use the business would be considered a cocktail lounge or bar. Staff is concerned that there is no way to get around State law that states no smoking shall be allowed in a bar. 3. Commissioner Ladner stated she had a problem with combining the smoking with the consumption of alcohol. 4. Commissioner Daniels stated it should only be where beer and wine is already a use. 5. Chairman Quill stated he does not want to have the door opened to allow smoking, but in this instance it is a specialized use in a specific location. He is not against allowing cigar lounges in the City. He would defer to the City as to whether beer and wine can be legally served. 6. Following discussion, Commissioners determined that the use would be allowed in all commercial zones as a permitted use, or Alternative # 1 of the staff report. VIII. CORRESPONDENCE AND WRITTEN MATERIAL: None. IX. COMMISSIONER ITEMS: A. Community Development Director Doug Evans reviewed the process for final landscaping plan review. The Commissioners agreed with staff's recommendation to refer all final landscaping plans to the Architecture and Landscape Review Committee for approval. B. Commissioners and staff reviewed the League of California Cities Planners Institute. C. Staff informed the Commission there would be a Joint Meeting with the City Council on either May 91h or 23rd. Commissioners stated May 9th would be their choice. D. Staff recommended the April 25, 2006 meeting of the Commission be cancelled as there were no items on the Agenda. 458 G:\WPDOCS\PC Minutes\2006\4-1 1-06PC.doc Planning Commission Minutes April 1 1 , 2006 E. Commissioners reviewed the City Council meeting of March 21, 2006. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Alderson/Ladner to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on May 9, 2006. This meeting of the Planning Commission was adjourned at 10:21 p.m. on April 11, 2006. Respectfully submitted, Be y J. S yer, Exe tive Secretary 4 City o;L.a'fQuinta, California G:\WPDOCS\PC Minutes\2006\4-11-06PC.doc REPORT/INFORMATIONAL ITEM: a�U MINUTES HISTORIC PRESERVATION COMMISSION MEETING A Regular meeting held at the La Quinta City Hall Session Room 78-495 Calle Tampico, La Quinta, CA March 16, 2006 This meeting of the Historic Preservation Commission was called to order by Chairperson Wilbur at 3:07 p.m. who then led the flag salute and asked for the roll call. I. CALL TO ORDER A. Pledge of Allegiance. B. Rolll Call. Present: Commissioners Mouriquand, Puente, Sharp, and Chairman Wilbur Absent: Commissioner Wright Staff Present: Planning Manager Les Johnson, Associate Planner Andrew Mogensen, and Secretary Carolyn Walker II. PUBLIC COMMENT: III. CONFIRMATION OF THE AGENDA: IV. CONSENT CALENDAR: It was moved and seconded by Commissioners Puente and Sharp to approve the minutes of February 16, 2006. Unanimously approved. V. BUSINESS ITEMS: A. Phase I Cultural Resources Survey Report for Proposed Tentative Tract Map 34495. Applicant: John Hansen (Garland Project) Archaeological Consultant: Larry Pierson, RPA, Brian F. Smith & Associates, George L. Kennedy, Ph.D., Seth Rosenberg, Project Archaeologist Location: Calle Conchita and Madison Street, about 1 ,000 feet north of Avenue 60. 4G0► P:\CAROLYN\Hist Pres Com\HPC 3-16-06.doc Historic Preservation Commission March 16, 2006 1 . Associate Planner Andrew Mogensen presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Wilbur said the report was well done with an adequate amount of resource information and confidential appendix. He expressed concern the history of the Valley wasn't more in depth, but that the overall report was nicely done. 3. Commissioner Sharp said the report went into too much detail making it very difficult to comprehend. He had a question about the reference to a hotel in Palm Springs in the middle of the Appendix. Staff replied it was a citation of the records search. He also had a question about a reference to some exotic pine trees which the staff identified as Tamarisk trees. They were considered exotic because they were non-native. He commented the report was very thorough. 4. Chairman Wilbur had a question about the inclusion of the Spanish Inn. Mr. Seth Rosenberg, Project Archaeologist, replied the reference to the Spanish Inn is from a records search done at the Eastern Information Center (EIC) on reference sites. It doesn't affect the project area. Commissioner Mouriquand asked if it was included in the NAHC search. Mr. Rosenberg replied the EIC sent a packet of information and this was included. 5. Commissioner Mouriquand said the report was good as far as it went. She did not find any discussion about the historic period, no Government Land Office (GLO) search, no reference to the historic structures in the General Plan, or any reference to perusing the draft context statement. She commented the report is incomplete because it did not address the historic period. She used the ARMR checklist and didn't find a research design section. This section should be included in a Phase I report. It does not need to be exhaustive, but should include at least one paragraph of information. She commented the discussion/interpretation at the end, should have been more detailed even though this was a negative survey. She added there were no personnel qualifications included. For those 46 P:\CAROLYN\Hist Pres Com\HPC 3-16-06.doc Historic Preservation Commission March 16, 2006 reasons, the report was incomplete and needed to be returned to the consultant for completion as well as evidence of archival information, land grants, etc. That information is needed to complete CEQA questions regarding historic resources. The report is lacking and therefore incomplete without the historic resources. 6. Mr. Rosenberg replied they would be happy to add the additional information. He said most of the cities they work with do not require the ARMR Guidelines. He stated they would be happy to adhere to La Quinta's guidelines. Commissioner Mouriquand advised him the City of La Quinta is a Certified Local Government (CLG) and follows the ARMR guidelines. 7. There being no further comments. It was moved and seconded by Commissioners Mouriquand and Sharp to adopt Minute Motion 2006-003 denying acceptance of the Cultural Resources Survey Report as submitted and remanding it back to the consultant to address the Commissioners' concerns. Unanimously approved. B. Paleontoloaical Evaluation Report and Mitigation Plan for a 13.75 Acre Parcel Applicant: John Hansen (Garland Project) Archaeological Consultant: Larry Pierson, RPA, Brian F. Smith & Associates, George L. Kennedy, Ph. D. Location: Calle Conchita and Madison Street, about 1,000 feet north of Avenue 60. 1 . Associate Planner Andrew Mogensen presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Mouriquand said the Commission does not accept letter -format reports. She asked Staff if this submission was pre -approved. Staff replied this was the format presented. Commissioner Mouriquand then asked if a formal records search was performed. Staff replied it was not. Commissioner Mouriquand questioned whether the mitigation measures recommended would still have been appropriate had the consultant done a formal report and conducted a records search. 4� P:\CAROLYN\Hist Pres Com\HPC 3-16-06.doc Historic Preservation Commission March 16, 2006 3. Commissioner Sharp said the project was uncomplicated and the report seemed adequate. 4. Chairman Wilbur stated that if letter statements had not previously been accepted, why would we accept them now. 5. Commissioner Mouriquand said the City has not had a client submit a letter statement and this submission allows the Commission an opportunity to review policy/procedures. 6. Commissioner Mouriquand asked if a previous Paleontological report had been done. Staff said this predated the incorporation of the City of La Quinta. Commissioner Mouriquand suggested acceptance of the letter report with an admonishment not to send another letter report again unless pre -arranged with staff. 7. Commission Sharp said he thought this was a very attractive package and didn't have a problem with accepting it. 8. There being no further comments, it was moved and seconded by Commissioners Mouriquand and Sharp to adopt Minute Motion 2006-004 accepting the Paleontological Evaluation Report and Mitigation Plan as submitted. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: A. California Preservation Conference brochures were distributed. VII. COMMISSIONER ITEMS: A. Newspaper articles were distributed from Commissioner Wright with comments regarding historic preservation in the Coachella Valley. B. Commissioner Wilbur reminded the Commissioners of the Fred Wolff Bear Creek Channel dedication on Saturday, March 18, 2006 and encouraged attendance, C. Commissioner Mouriquand distributed a flyer on the Dedication of the Ye'we'vichem Park in Coachella, Friday, March 24, 2006 from 3:00 p.m. to 4:15 p.m. P:\CAROLYN\Hist Pres Com\HPC 3-16-06.doc Historic Preservation Commission March 16, 2006 VIII. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Sharp and Mounquand to adjourn this Regular Meeting of the Historic Preservation Commission to a Special Meeting to be held on April 27, 2006. This meeting of the Historic Preservation Commission was adjourned at 3:39 p.m. Unanimously approved. Submitted by: Carolyn Walker Secretary 46 P:\CAROLYN\Hist Pres Com\HPC 3-16-06.doc Department Report: %- A �a�Luwy0,.� OF T TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager DATE: May 16, 2006 SUBJECT: Department Report - Response to Public Comment The following public comments were made at the May 2, 2006, City Council meeting: 1. Richard Pierce, 52625 Avenida Alvarado, received a warning from Code Compliance regarding a lack of landscaping on his property, and requested a six to eight month variance to complete improvements due to financial constraints. • Mayor Adolph referred Mr. Pierce to the City's Building and Safety Director. Code Enforcement staff had previously met with Mr. Pierce and gave him a 30-day extension, which was unacceptable to Mr. Pierce. Staff is researching community organizations that might be able to provide assistance for Mr. Pierce to complete landscape improvements. 2. Rick Robinson, resident and Board Member of The Palms Country Club, spoke regarding completion of the median on Madison Street in front of The Palms. • Mayor Adolph referred Mr. Robinson to the City's Public Works Director, and recalled signing a letter to Mr. Robinson a few days earlier. A budget estimate is being prepared for the median improvements, which will be considered during the Developer Impact Fee discussions within the next two months. The City will contact Mr. Robinson when the Council discussion date is set. Department Report: 1-13 CU �� • ;-7�S�x: ncrnanlrn ti OF T TO: The Honorable Mayor and Members of the City Council FROM: Michael O'Connor, Assistant City Manager Ma DATE: May 19, 2006 SUBJECT: Department Report Regarding the Bob Hope Chrysler Classic As the Council is aware, the City received a letter on May 2, 2006 from John Foster,, President of the Bob Hope Chrysler Classic Board. The letter stated that, "...the board reviewed the PGA Tour letter of April 27th from Henry Hughes, PGA Tour Chief of Operations, and concluded that we should delay for another year the entry of SilverRock into the Classic rotation." The Hope Classic's letter further states that the parties should meet and "discuss how we best proceed with regards to the implementation of the agreement for the coming years." Staff has contacted Mr. Foster. Mr. Foster indicated that the PGA still has concerns with the bunkers, native areas, and general maturity of the Arnold Palmer Classic Course. The bunker conversion project has been completed, and Landmark staff has completed a test plot for improvements to the native areas, as recommended by Erik Larsen of Palmer Course Design Company. Landmark is currently working on a cost estimate for native area improvements. After Landmark has compiled a cost estimate and a meeting has been held with the Hope Classic officials, staff will update the City Council. As of this writing, staff has not heard from the Hope Classic regarding a meeting date. DEPARTMENT REPORT: 3 -A a fis CITY COUNCIL'S o f� UPCOMING EVENTS MAY 16 JUNE 6 JUNE 20 JULY5 JULY 18 AUGUST 1 SEPTEMBER 5 SEPTEMBER 19 CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING 467 LA QUINTA CITY COUNCIL MONTHLY CALENDAR May 2006 !7 2 3 4 i5 2:00 PM City Council 10:00 AM ALRC 12:00 PM Mayors Lunch Meeting '8 19 10 10:00 AM. Pub. Sfty Kirk 5:00 PM Special Joint 9:00 AM RCTC- 9:30 AM Animal Campus- 12:00 PM Transp-Kirk City Council/Planning Henderson Henderson 3:00 PM Mtns. Con -Sniff Commission Meeting 5:30 PM Investment 11:00 AM CUCC Sniff 6:00 PM League- 7:00 PM Planning Advisory Board 12:00 PM Energy/ Henderson Commission Environ.-Sniff 7:00 PM Community Services Commission 14 ! 15 �6 7 7 7d j 2:00 PM City Council 3:00 PM Historic Preser- # Meeting vation Commission Mother's Day 21 22 23 24 10:30 AM RCTC Budget 7:00 PM Planning 9:00 AM Library Zone Henderson Commission Adv. Board- Hendersor 12:00 PM HumanlComm Osborne 12:00 PM Sunline-Adolpl 4:00 PM J.Cochran Reg. Airp-Osborne 28 29 30 3 1 Memorial Day (CITY HALL CLOSED) 12 6 9:00 AM - 4:00 PM SJSR Ntl. Mnmt-Henderson 13 19 20 9:00 AM CVA-Henderson 25 ' 26 9:00 AM LAFCO- Henderson �27 April June S M T W T F S S M T W T F S 1 1 2 3 2 3 4 5 6 7 8 4 5 6 7 8 9 10 9 10 16 17 23 24 11 18 25 12 19 26 13 20 27 14 21 28 15 22 29 it 18 12 19 13 20 14 21 15 16 17 22 23 24 in 25 26 27 28 29 30 Printed by Calendar Creator Plus on 5/11/2006 LA QUINTA CITY COUNCIL MONTHLY CALENDAR June 2006 M May 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 July S M T W T F S 2 3 4 5 6 1 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 � !2 5 6 7 !,8 9 6:00 PM CVAG Exec. 2:00 PM City Council 10:00 AM ALRC 9:30 AM Animal Campus- I Cmte - Adolph Meeting Henderson 11:00 AM CVCC-Sniff 12:00 PM Energyl Environ.-Sniff 12 13 14 15 16 ! 17 10:00 AM Pub. Sfty-Kirk 7:00 PM Planning 9:00 AM RCTC- 3:00 PM Historic Preser- 9:00 AM CVA-Henderson I 12:00 PM Transp-Kirk i Commission Henderson vation Commission 6:00 PM League- 5:30 PM Investment Henderson Advisory Board 7:00 PM CommunityI Services Commission Flag Day 18 19 20 21 22 23 24 2:00 PM City Council 9:00 AM LAFCO- tDnp Meeting Henderson Father's Day — — 25 26 127 28 29 30.......... ....... 10:30 AM RCTC Budget - 7:00 PM Planning 12:00 PM Human/Comm- Henderson Commission Osborne 6:00 PM Exec Cmte.- 12:00 PM Sunline-Adolph Adolph Printed by Calendar Creator Plus on 5/11/2006 LA QUINTA CITY COUNCIL MONTHLY CALENDAR July 2006 1 9:00 AM - 4:00 PM SJSR Ntl. Mnmt-Henderson DEPARTMENT REPORT: a� lti�'Ct2 •��,�`i z sir O F� TNT. TO: The Honorable Mayor and Members of the City Council FROM: Torn Hartung, Director of Building & Safety DATE: May 16, 2006 RE: Monthly Department Report - April 2006 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of April. The reports depict the following highlights: • Year to date building permit valuation is $135,485,935 which represents an issuance of 1,656 building permits through April; • 964 animal control cases have been handled through April; • 893 code compliance cases have been initiated through April; • $1,220.00 - garage sale permit income in April E. 471 kn N [- V-) r- 00 � rt l7t M N 'd 00 M O •-+ O� l� N M N �O 00 O y a Q M N 00 M 0', N [� l- Q� o0 Cl- 110 oo 00 `o l- M o0 i— O� (n `o O O N M O . Ct .-. 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H '-D O CO �' LI1 H Ln Q\ Ln Ln lD lD lD c0 O O m rn m �D N �' 00 CT H H W I I I N N H CO r-A Ol CO N H a R, N 1-4 � H R q Z r1, Cn W W W p >'� H I I cn I H H W W 3 0 N r-A H H V 0) rl Ln lD Ln y c0 O O O rl lD \D N [ a I H N L� rx R R, I r W O PZ W I I r� I a W O g I I I co I � a I � I H W O I I U H H I I WW I H O H W q q W U) H W rxa W Uco UZFC W W CrIl �7 H O fi Cr C� W q H F- ti W O r r Cn W p 1 co W H Z E W a rY w Owq cncn oaa v w I a I I W w U)w N Z I H U a 0 W H W W z U cnUCJ O0 H >I I p O W Z U~% �DHa,0 O HrCa H\ U r U E- U O W g q O 11 a U H O E O U x H 0 0 W W W .-a U R, q W s O s WUsH X�O I W w 0 Dt wx I a : i EW zaaWaf) Qfncav4 a a' x w m u H ux ti U� U�1, WUUHCq R �l HgWH� C7C a ' I a:a0amcnaww� �uwaw�c�HoaH �oaUUUq W;�,OaR,W aaR:cncn�cncnE-i 473 3 47 F- CC 0 CL uj cc F- F- U) LLJ C.) z 0. 2 0 uj a 0 L) ICY) I I 0 0')0 (0 r- C) 'IT co 00 C\j (3) r- CO Y- CV) C) 0) N I,-- cO 00 r- C) C\j LO LO (D CY) CY) co I- 'IT ,:I- C\j It CY) co r- co iz (3) 0 0 ia) C) 0 z 0- a) U) 0 0 as C\j It (0 C\j I:T co m It m CD r-- (D In CD r- Qo Qo U-) -'r C#*) C\j LO N "Zi- co r CY) (D U-) N (D CY) co CO m CVCVr- 0') m Itt cm 0') C\j N C14 w CO rl- 00 00 U-) co (D m C3) CV ":T LO CO cm N co C) CD CV CV T- Cn r- cm co N C) LL I- CY) LO CO co il- LO M 0 0) P- co CD LO IZT 00 r- C) r- N I- co N CO cn z cr) a. cn z _0 ID -0 cn -0 0 -0 _0 U) Cl) z CO) H- uj (D Q) (D U) C Q) - (D z Q) a) - z (1) (D - Q) - a) L- CL Q) (D (-) " (15 -T C) 0 (D LLI (15 (1) LLJ (1) 4 " C) m :D LLI (1) z 0 2 w LLJ c ('0 U) E U-) j- C-/) E w U) E C-/) E Cl) Cl) Z cl) 0- E W a. a: cc CL c (D -LZ 5 w 0 0 > 0 E o w 0 w w < w 0 M (o > < 0 cL CL m z w w (D 70 CD LLJ a 4.0 0 0 - 0 n w 2 F- 0 w 0 U- cn Cl) w 0 0 o z , C) I Cl) w 0 0 U) o D U) z cn U) CL w z W 3:: w0 0 Z n N > m0 CL j w 413 Department Report: 5 �w��tu�t�`q, •c ♦� i' �"�.✓�� yr naroR+m� OF TO: The Honorable Mayor and Members of the City Council FROM: Douglas R. Evans, Community Development Director 1� DATE: May 16, 2006 SUBJECT: Department Report for the Month of April 2006 Attached please find a copy of the Community Development Department Report which outlines the current cases processed by staff for the month of April. 470 P:\Monthly Report Folder\APRIL 2006.doc 1 O f- U Q O O 4- ca L 0) C -_ m U O U U U L C O U -o C m _0 a) +, U) � N > U° C U O 0) O m � C� O �, L L >. co C (cc� U G 0 ,} a�� C LL > O COO L ++ `m".o a) OC -0 cn V) - a) 0 U U '�••a) co M a U (n a m a C Q . n cep , Q)'p N aa)O aC +,OaL) C> 0 Z._ m U > (a > > O -� O L tr a) > -O O O O L Q> > C O O Q Q. 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CY) O a) r- M N N LD += O U (c) o �- co J C J p O � = C O � Q co N U O CD U (o O C d) r' LO C O o- 0- O 00 p 0o U > LO OO r p O cn r, a) N O M LO O CO a) O ~---) � O OO OOOH� pO O O coO W (0 O io N (n OUO N N 4 O Mco c NoN > O N �� -C `>00 � U a� O +� �F- M -i a�°6� Q~ Q tf0 0- U N �� E- (n > (n �� — (n LLJ (n Q cn I- a_ J o- _J 10 DEPARTMENT REPORT: 6- '-(17k TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: EDIE HYLTON, COMMUNITY SERVICES DIRECTOR DATE: MAY 10, 2006 SUBJECT: TRANSMITTAL COMMUNITY SERVICES DEPARTMENT REPORT FOR THE MONTH OF APRIL 2006 UPCOMING EVENTS OF THE COMMUNITY SERVICES DEPARTMENT FOR THE MONTH OF JUNE 2006: June 2 *Mat Pilates June 2 Friday Night Dance (Middle School), Boys & Girls Club Gym June 5 Beginning Computers, Senior Center June 5 *Ageless Action Aerobics (Exercise Class) June 5 Line Dancing, Senior Center June 5 Jazzercise, Library Multi -purpose Room June 5 *Files & Folders June 5 *Scanning June 5 *List & Labels June 6 *Arthritis Tai Chi June 6 *Learn to Knit June 6 Adobe Advanced Photoshop Elements 2, Senior Center June 6 Italian for Everyone, Senior Center June 6 *Beginning & Intermediate Watercolor Lessons June 6 Mosaic Tiling, Senior Center June 6 Beginning Guitar, Senior Center June 6 Intermediate Belly Dance, La Quinta High School June 6 Feldenkrais Awareness, Senior Center June 7 Mastering Microsoft Word, Senior Center June 7 Start a Little Business, Senior Center June 7 Adobe Photoshop (Professional Version) June 7 *Beginning & Continuing Italian June 7 *Sketching & Drawing June 7 *Introduction to Word Processing June 7 *Latin Dance June 7 *Introduction to E-Mail (Outlook Express) June 7 *Photo Edit 1 June 8 Adobe Introduction Photoshop Elements 2, Senior Center June 8 Infant & Child CPR & Basic First Aid, Senior Center June 8 Beginning Belly Dance, La Quinta High School June 8 *Tai Chi Chuan & Qi Gong June 8 *Mosaic Tile Art June 8 *Whole Self Defense June 8 *Ballroom Dancing, Senior Center June 10 Summer Golf Tour, Tahquitz Creek Golf Resort, Legend Course June 10 Open Air Cinema, La Quinta Park June 12 *Introduction to Computer June 12 *Introduction to E-Mail (AOL) June 12 *Photo Edit 2 June 14 Acrylic Painting for Teens & Adults June 14 Watercolor Wonders, Senior Center June 14 *Photo Edit 3 June 14 *Jewelry Making June 14 *Word Processing (Level 2) June 14 *E-Mail Level 2 (Outlook Express) June 15 *Salad Days Luncheon June 15 Beginning Ballet, La Quinta High School June 15 Dance, Play & Pretend, La Quinta High School June 16 *Infant & Child CPR & Basic First Aid June 17 Summer Golf Tour, Terra Lago Golf Resort, North Course June 17 LA ,Angels of Anaheim Baseball Excursion June 19 Dance, Play & Pretend, La Quinta High School June 19 *Photo Edit 4 June 19 *Windows XP (2 Classes) June 21 Kickboxing Boot Camp, Senior Center June 21 *Introduction to the Internet June 22 *Mature Driver Training June 23 Tiny Tot Luau, Senior Center June 24 Summer Golf Tour, Escena Golf Club June 24 Teen Co -Ed Kickball Tournament, Sports Complex June 26 *Simple Spreadsheets June 28 *E-Mail Level 2 (AOL) June 28 *Digital Photography *Daytime Senior Center class or activity Monthly Revenue Report for April 2006 Monthly Revenue - Facility Rentals 2006 2005 Variance Senior Center $ 3,357.50 $ 3,085.00 $ 272.00 Library $ 1,625.00 $ - $ 1,625.00 Parks $ 1,380.00 $ 450.00 $ 930.00 Sports Field $ 30.00 $ - $ 30.00 Monthly Facility Revenue $ 6,392.50 $ 3,535.00 $ 2,857.00 Year to Date Facility Revenue $ 61,751.50 $ 55,891.00 $ 5,320.00 Mnnthly RPvP_nllP_ Senior Center $6,346.59 $ 7,370.00 $ (1,023.41) Community Services $ 3,319.00 $ 3,929.00 $ (610.00) La Quinta Resident Cards $ 8,550.00 $ 7,560.00 $ 990.00 Total Revenue $18,215.59 1 $ 18,859.00 1 $ (643.41) RPvP_nIIP_ Year to Date Senior Center $ 94,908.59 $ 94,905.00 $ 3.59 Community Services $ 106,713.00 $ 114,909.00 $ (8,196.00) La Quinta Resident Cards $ 47,160.00 $ 46,125.00 $ 1,035.00 Total Revenue to Date $ 248,781.59 $ 255,939.00 $ (7,157.41) O&W Community Services Department Attendance Report for the Month of April 2006 Program 2006 Summary Sheet 2005 Variance Sessions Per Month 2006 2005 Leisure Classes 63 99 -36 24 34 Special Events 1859 1632 227 5 4 Adult Sports 321 700 -379 18 18 Senior Center 1262 1258 4 114 109 Total 3,505 3,689 -184 161 165 Senior Services Senior Center 384 268 116 23 16 Total 384 268 116 23 16 Sports User Groups La Quinta Park Use AYSO 330 340 -10 24 12 LQ Sports & Youth 120 100 10 20 20 Sports Complex LQ Sports & Youth 1400 1200 200 20 20 Facility/ Park Rentals Senior Center Church 300 400 -100 5 8 Private Party 450 300 150 4 2 Park Rentals La Quinta Park 350 320 30 7 8 Fritz Burns Park 100 80 20 2 2 Civic Center Campus Private Party 300 100 200 3 1 Library Multi Purpose Room 450 0 450 4 0 Classroom 300 0 300 5 0 Total 4,100 2,840 1250 94 73 Total Programs 7,9891 6,7971 1,1821 2781 254 Volunteer Hours Senior Center 21 230 -209 Total Volunteer Hours 21 230 -209 Community Services Program Report for April 2006 2006 2005 2006 2005 Participants Participants Variance Meetings Meetings Leisure Classes Mosaic Tiling 4 0 4 2 0 Kickboxing 15 0 15 2 0 Beginning Bell dance 11 2 9 2 1 Advanced Bell dance 4 0 4 1 0 Line Dance 7 0 7 4 0 Adobe Photoshop Intermediate 1 0 1 2 0 Beginning Guitar 2 14 -12 2 2 Guitar - Blues 3 0 3 2 0 Italian for Travelers 1 8 -7 3 2 Beginning Ballet 7 9 -2 2 2 Dance, Play, & Pretend 8 12 -4 2 2 Totals 631 45 18 24 9 2006 2005 2006 2005 Participants Participants Variance Meetings Meetings Special Events Old Town San Diego Excursion 29 0 29 1 0 Adult Easter Egg Hunt 140 106 34 1 1 Annual Egg Hunt 400 500 -100 1 1 City Picnic & Birthday Celebration 1200 1200 0 1 1 Marine Corp Concert 90 350 -260 1 1 Totals 1,8591 2,156 -2971 51 4 Adult Sports Participants Participants Variance Meetings Meetings Open Gym Basketball 211 480 -269 16 16 Adult Soccer League 110 220 -40 2 4 Totals 1 3211 700 -3091 18 20 Recreation Totals 2,2431 2,9011 -588 1 47 1 33 Senior Center Attendance Senior Center Program Report for April 2006 Participation Participation Variance Meetings Meetings 2006 2005 2006 2005 Senior Activities ACBL Bridge 296 274 22 4 4 Bridge, Duplicate/Social/Party 410 494 -84 16 18 Monthly Birthday Party 20 35 -15 1 1 Putting Contest 6 0 6 1 0 Monthly Luncheon 82 44 38 1 1 Movie Time 42 27 15 4 5 Senior Activity Total 856 874 -18 27 29 Senior Leisure Classes Arts & Crafts 17 17 0 4 4 Ballroorn/Swing 17 38 -21 4 4 Bridge Lessons 96 22 74 13 13 Computer Classes 23 8 15 6 2 Computer Tutor 1 3 -2 1 3 CPR & First Aid 7 0 7 1 1 Dog Training 6 11 -5 5 4 Exercise 43 57 -14 12 13 Golden Tones 46 30 16 3 3 Italian 10 0 10 2 0 Pilates 5 22 -17 4 4 Quilting 41 25 16 4 4 Rug Hooking 9 15 -6 4 4 Sketch/Draw 9 17 -8 4 4 Tai Chi / Tai Chi Arthritis 5 13 -8 4 4 Tap Dance 23 10 13 8 4 Watercolor 25 33 -8 4 4 Woodcarvers 23 23 0 4 5 Senior Leisure Classes Total 406 344 62 87 76 TOTAL SENIOR PROGRAMS 1262 1218 44 114 105 Senior Services AARP Tax Assistance 56 32 24 5 4 FIND Food Distributlion 199 141 58 4 4 Health Screenings by Eisenhower 10 0 10 1 0 Hearing Consultation 3 6 -3 1 1 I.I.D. Energy Assistance/No fee 47 42 5 4 4 Legal Consultation 6 0 6 1 0 LIHEAP 3 0 3 1 0 Mature Driver Training__ 9 18 -9 1 2 Medical Insurance/HICAP 6 2 4 2 1 Seminars for April 24 0 24 3 0 Volunteers 21 27 -6 n/a n/a TOTAL SENIOR SERVICES 384 268 116 23 16 SENIOR CENTER TOTAL 1646 1486 160 137 121 DEPARTMENT REPORT: '.iY�aC�IvccMecMwcFn �� jSAS177 �� GSM OF T 1�ti9 TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, Public Works Director/City Engineer DATE: May 16, 2006 RE: Public Works/Engineering Department Report for April 2006 Attached please find the following: 1 . Citizen Service Request Summary; 2. Encroachment Permit and Plan Check Services Summary; 3. Capital Improvement Plan Status Update; 4. 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U�O�O�O�Oc�Q•�O��r�Ofl�>��CCcN.nIc �•�00~�OO�� . �O�Oi��UNn�iO�c�� o .�+�mFMC�-�a°�U�E p�OQ�+a0O.O��. . +' U��O�L�� 0OO�cOOCOpp�'CO��,`.~m�+a �Wc� OOtXmOUO�OCOO�I��~d�U��OODCOI - �aWJUuQ--. , �- }UNO�vflOpIt � � ��i }a-�,�,, --' - ,+��cO ,��cNC��.�n�-nocOQO�-n �a� M O M cv V O O a� V) cu 0 Q 'D 9z U c 0 c m 0 496 a U 7 W p � C: W MONTHLY SUMMARY OF PUBLIC WORK TASKS MONTH OF: April, 2006 Employee's Hourly Labor Breakdown Crew#1 Crew #2 Crew #3 Maint. Mg, Code 11001 Activity 5 Men 3 Men 2 Men 1 Man Total 1000 Policing/inspection, 37 44 0 19 100 Pot Hole -Repair/Patching 12 6 0 0 13 1002 Crack/Joint-Repair 0 0 0 0 0 1003 Pavement Marking/Legends 0 6 0 0 6 1004 Pavement Marking/Striping 0 0 0 0 0 1005 Curb Painting 0 0 0 0 0 1006 Other Traffic Controls 18 27 0 0 45 1007 Curb & Gutter Repair/Const. 0 4 0 0 4 1008 Other Concrete Repairs/Const. 0 0 0 0 0 1009 Street Sign Install (New) 162 11 0 0 173 1010 Street Sign Repair/Maint 53 10 0 0 63 1011 Debris Removal 15 59 0 9 83 1012 Right of Way Maint. 10 9 0 01 19 1021 CLEAN Catch Basin Inlet/Outlet 0 0 0 01 0 1022 Rondo Channel Outlet/Vault 0 0 0 0 0 1022A Desert Club OutletNault 2 2 0 0 4 1023 S.D./ D.W./C.B. Repair/Maint. 0 18 0 9 2 r" 1024 Gutter/Median Sand Removal 0 0 0 0 0 1025 Street Sweeping ( Machine) 115 0 0 0 115 1026 Street Sweeping (Hand) 0 0 0 0 0 1027 1 SidewalkBike Path Cleaning 0 0 6 0 6 1028 Dust Control 0 0 0 0 0 1029 Flood Control 0 0 0 0 0 1031 Parks/Retention Basins Inspection/Clean-t 4 16 10 2 32 1041 Mowing/ Weeding. Shrubs & Tree Trimmin 56 16 15 4 _ 91 1051 Landscapellrrigation Contract Managemer 0 52 205 16 273 1052 Lighting/Electrical Contract Management 0 0 0 12 12 1061 Small Tools Repair/Maint. 0 3 0 0 3 1062 Equipment Repair/Maint. 2 6 0 0 8 1063 Vehicle Repair Maint. 0 2 0 0 2 1081 Trash/Litter/Recycable Removal 2 5 2 0 9 1082 Vandalism Repairs 3 3 0 0 6 1083 Graffiti Removal 89 77 20 4 190 1084 Maint. Yard Building Maint. 2 17 18 31 40 1085 Seminars/Trainin 0 0 0 8 8 1086 Special Events 2 0 14 0 16 1087 Citizen Complaints/Requests 96 30 0 0 126 1088 Meeting 0 20 16 38 74 1089 Office ( Phone. paper work, reports, MISC.) 8 29 14 36 87 SUBTOTAL 1 688 472 320 160 1640 1091 Over Time 18 34 38 0 90 1094 Jury Duty( 0 8 0 0 8 1095 Sick Leave 56 0 0 0 56 1096 Vacation 40 0 0 0 40 1097 Holiday 0 0 0 0 0 1098 Floating Holiday 16 0 0 0 16 1099 Bereavement 0 0 0 0 0 SUBTOTAL 130 42 38 0 210 TOTAL HOURS 818 514 358 160 1850 TOTAL MILES 3322 1881 1308 333 6844 Department Report: 9_ LILI Police Department Monthly Report April -- 2006 Prepared for City of La Quinta La Quinta Police Department Captain Walter Meyer, Commander April -- 2006 Highlights (Numbers in parenthesis denotes the number of calls for service that day.) Saturdav, 04-01-06 (59): 2100 hours - Deputies responded to the 79000 block of Morris Ave, reference a suspicious vehicle. The reporting party arrived home and noticed a vehicle parked in front of the residence. The vehicle quickly drove away with. the reporting party following. Gang Task Force personnel were in the area and conducted a stop of the vehicle. The occupants, Carol Ugarte and Sergio Cid, were found to have contacts for burglary, possession of stolen property, possession of burglary tools and drugs. Per IPD, Ugarte is a well- known burglar in their area. Ugarte advised they were in the reporting parry's neighborhood looking for a relative who just moved there, however, they were unable to provide a name or address for the relative. Sunday, 04-02-06 (46): 0030 hours- Sgt Martello conducted a vehicle stop at Jefferson Avenue and Avenue 50. The driver of the vehicle, Mark Gordon, was arrested for driving on a suspended driver license, possession of methamphetamine and possession of drug paraphernalia. 1130 hours- Units responded to a domestic violence call in the 52000 block of Avenida Navarro. Deputy Bawdon arrested Daniel Torres for misdemeanor domestic violence. 2310 hours- Deputies responded to a single vehicle roll over traffic collision on Avenue 52 east of Silver Rock. The driver and sole occupant of the vehicle, Francisco Franco Ceja, was transported to JFK Hospital. Ceja was treated for minor injuries. Ceja was booked into Indio Jail for driving under the influence of alcohol after refusing the Field Sobriety Test. 2340 hours- Deputy Covington arrested Benjamin Ruiz for public intoxication and delaying a peace officer. Ruiz was located at the Circle K on Calle Tampico. Monday, 04-03-06 (71): No Significant Activity Tuesday, 04-04-06 (71): 1500 hours- Deputy Harter arrested a seventeen- year -old juvenile for a strong- arm robbery warrant. The juvenile was booked into juvenile hall. Wednesday, 04-05-06 (118): 1256 hours- Deputy Gaunt arrested Wayne Clark for possession of marijuana, driving on a suspended license and giving false information to a police officer. 1815 hours - Deputy Knight responded to a non -injury traffic collision at the intersection of Washington and Avenue 50. Gavdencio Garcia was unlicensed and uninsured. He was arrested for 12500(a) VC and 16028 (a) VC. Thursday, 04-06-06 (73): 1400 hours - Deputies from the La Quinta Special Enforcement Team and Coachella Community Action Team executed a search warrant in the city of Rancho Cucamonga. The search was executed after receiving information that Michael Madrigal was in possession of stolen appliances. The search warrant resulted in the recovery of a new washing machine and oven. Madrigal was arrested and booked into the Indio jail for burglary and possession of stolen property. 1600 hours - Deputy Alvarado responded to the area of Diane Drive reference a reckless driver. Further investigation revealed that Jeffrey Caruthers, hit a curb at Victoria and Debbie lane. Caruthers was arrested for driving under the influence. 1850 hours - Deputy Knight responded to Hwy 111 and Washington reference a traffic collision. A 78- year-old female driver sustained a partially collapsed left lung and her 84-year-old female passenger sustained Cranial Hematoma. Both were transported to Desert Hospital's Trauma ward, where they are listed in stable condition. Fridav, 04-07-06 (92): 0120 hours- Deputy Lugo responded to the 80000 block of Oak Tree regarding a traffic collision. The driver of the vehicle, Joan Brooke had driven her car into a driveway and hit two parked cars. She was found to be under the influence of alcohol, but refused to take the PAS device test. She was arrested for driving under the influence and after an okay to book she was booked into the jail. 0735 hours - Deputy Krachman responded to the Dune Palms Mobile Home Park reference a call of a female assaulting her mother. Deputy Krachman contacted Reina Figueroa, outside the residence. Figueroa had been throwing items inside the residence which resulted in a cut to her mother's leg. Figueroa's mother did not require medical attention and did not want prosecution. Figueroa was intoxicated during the assault and was booked into the jail for public intoxication. Saturdav, 04-08-06(78): No Significant Activity Sunday, 04-09-06 (74): 1256 hours- Deputies responded to a disturbance in the 78000 block of Bottlebrush. It was determined that Quinten Watkins, was a danger to himself and others. The subject was transported to JFK due to injuries he had received during a fight. Monday, 04-10-06 (68): 1900 hours - Deputies responded to the area of Highway 111 and Simon Drive regarding an assault. It was reported that the suspect had stabbed the victim with an unknown object in an unprovoked attack. The victim, and witnesses, followed the suspect to McDonalds where deputies arrested him. The suspect, Eric Garcia, was arrested for assault with a deadly weapon. The victim sustained a superficial puncture wound to his stomach. The suspect was uncooperative and would not tell deputies what the weapon was or where he discarded it. Based on the victim's description it is believed that the weapon was a hypodermic needle. Tuesday, 04-11-06 (102): 2200 hours - Deputies responded to the 52000 block of Avenida Diaz reference shots fired. Several empty .32 cal casings and a box of .32 cal ammo were located in the front yard of the residence. The shooter, Marcos Gaeta, was arrested for shooting a firearm in a manner which could result in injury or death and for six outstanding misdemeanor warrants. Gaeta had been drinking with two of his friends when he removed a silver and black semi -auto handgun from his waistband and shot several rounds into the air. He then ran inside his residence prior to deputies arriving. During a search of his residence deputies recovered a .32 cal magazine and animo. A vehicle parked at the scene, was believed to contain evidence of the shooting. The vehicle was impounded pending a search warrant. Wednesdav, 04-12-06 (88): 0916 hours - Deputy Alexander and Deputy Trower contacted Mario Luque, at Avenida Bermudas and La Fonda. Luque was arrested for a felony warrant for possession of illegal drugs. Following the arrest, marijuana was located on his person. Luque was booked for the felony warrant and for possession. 1730 hours - Deputy Moore arrested Jose Francisco Villareall for burglary, theft with priors and parole violation at The Target Store. Moore observed the subject on surveillance video preparing to commit a burglary. Deputy Moore coordinated the arrest with responding units. 2116 hours - Deputy Drafton responded to the 54000 block of Avenida Vallejo reference a burglary in progress. Deputy Drafton arrested Carlos Caballero for burglary and possession of stolen property. Caballero was found with several pieces of the victim's jewelry in his shoe. Cabellero's shoes matched the impressions found at the scene. Thursdav, 04-13-06 (93): 1230 hours - Deputy Reynolds contacted Jorge Ocampos, on Cantana Circle in La Quinta. A records check was conducted and revealed that Ocampos had an outstanding domestic violence warrant. Ocampos was arrested and booked into jail. Fridav, 04-14-06 (101): 0015 hours -Deputy Lugo responded to the Traditions Country Club reference a reckless driver. Sarah Bremner was arrested for driving under the influence. Security personnel followed Bremner as she drove past the front gate and nearly collided into several parked cars. Bremner was uncooperative and refused to blow into the PAS device. Bremner was booked into jail. 1900 hours - Deputy Bawden responded to a report of a missing person. The reporting party stated his brother —m- law left Lake Cahuilla on a bike and did not return. The California Highway Patrol handled a vehicle vs. bicycle collision at Jackson and Avenue 62. An investigation was conducted and revealed the missing person was the bicyclist involved in the collision. Saturday, 04-15-06 (64): 0030 hours - Deputy Taylor responded to the 53000 block of Avenida Obregon reference a domestic disturbance. The reporting party said her 22-year-old daughter refuses to take her psyche medications and was out of control. The reporting party stated the daughter put the family in danger when she became angry and set the living room carpet on fire. The daughter was taken to Indio Mental Health for 72-hour evaluation. 0126 hours- Deputy Lugo responded to the 52000 block of Avenida Vallejo regarding a vehicle theft. The victim said his 15-year-old daughter took his car without his permission. He said she is currently on r�� probation for vehicle theft. A few hours later, the daughter returned home with the car and Deputy Lugo responded back to the location. He arrested the daughter for vehicle theft and violation of probation. The juvenile was booked into the Indio Juvenile Hall. 1346 hours- Deputy Gaunt responded to a vehicle versus pedestrian collision in the Target Parking lot. He contacted James Mohler, who had backed into Nancy Adams as she was walking to her vehicle. Adams had fallen to the ground and Mohler's vehicle ran over her arm. She was transported to JFK for a possible broken arm and pain to her back. 1915 hours- Deputy Lingle arrested Sergio Perez for public intoxication at the 52000 block of Avenue Vallejo. Sunday, 04-16-06 (65): 0700 hours- Deputy Orr arrested Dean Lindstrom for two felony drug warrants. Lindstrom was arrested when deputies served an arrest warrant at his residence in the 53000 block of Avenida Carranza. Booked into the jail. 1553 hours- Deputies responded to Lake Cahuilla to a report of a fight in progress. The fight had ended and the suspects left the area prior to deputy's arrival. Park Rangers said approximately ten suspects had been involved in the fight. Deputy Donowho handled the initial investigation. Deputies later responded to "The Quarry" regarding a suspicious person found with injuries. He was transported to JFK. Alcohol was involved in this incident. 1615 hours- Deputy Brooker arrested Raul Guzman for public intoxication at Lake Cahuilla. Guzman was booked into the jail. 1845 hours- Deputies responded to Miles and Jefferson due to several 911 calls regarding a domestic battery in progress inside a vehicle parked in the middle of the roadway. Deputy Covington arrested Alejandro Bautista for domestic battery against his wife. Monday, 04-17-06 (73): No Significant Activity Tuesday, 04-18-06 (106): 1300 hours- Deputy Moore responded to Truman Elementary School reference an angry parent who was in route to the location. A computer check revealed the parent, Andrea Bateman, had a misdemeanor warrant for violation of a court order. She was booked into the jail. 1330 hours - Deputy J. Covington arrested Cynthia Welgandt for public intoxication in the area of the 54000 block of Winged Foot Dr. 1540 Hrs. Deputy Burgie responded to the La Quinta Soccer Park reference a battery. Initial investigation revealed three white male juveniles had been terrorizing other juveniles at the park. The suspects had been demanding either I -pods and/or MP3 players. One subject kneed a victim in the face when he resisted. Another victim suffered a broken nose and was taken to the hospital by private vehicle. An adult male chased the juvenile and was subsequently threatened with a baseball bat by one of the suspects. Wednesdav, 04-19-06 (72): 0930 hours- Deputy Reynolds responded to PGA West regarding a report of trespassing. Security had detained Jeremiah Saris. Saris had been peeping through windows in the Mountain View Drive area and was identified by one of the victims. He was arrested and booked into jail for peeking into inhabited buildings while loitering. 1830 hours - Deputy Darascavage arrested Robert Ferrell for a narcotics warrant. 1906 hours- Deputy Drafton responded to the parking lot of Pets Mart reference a vandalism in progress. A 16-year-old juvenile was observed writing graffiti "cupcake" and "Chino" with a paint marker on the curb. Further investigation revealed the juvenile was wanted for robbery, assault and terrorist threats that had occurred at the La Quinta Skate Park the day before. The La Quinta Set Team responded and arrested the juvenile for the previous day's incident and booked him into juvenile hall. Deputy Drafton will file additional charges for the vandalism. Thursday, 04-20-06 (55): 0244 hours - Deputy Lugo responded to the area of Fred Waring and Dune Palm reference two bicycles seen parked and unattended at the curb. As Deputy Lugo arrived at the location, he saw a vehicle drive off at a high rate of speed with bicycles in the back. He conducted a vehicle stop and contacted the driver, Jason Devinny. It was determined that Devinny was wanted for a parole violation. Devinny was also in possession of personal checks that had been reported stolen out of Palm Desert. A crowbar was located in the truck of the car. While Devinny was being booked at the jail, deputies found a bindle of porcelain chips in his pants pocket. Devinny was arrested for violation of parole violation, receiving stolen property and possession of burglary tools. 2011 hours - Deputy Knight responded to Hwy 111 c/o Washington reference a "man down" call. Devlin Heglind was arrested for public intoxication. Friday, 04-21-06 (90): 1905 hours - Deputy Covington responded to the Target department store in reference to a shoplifter in custody. Donna Inderniesche was arrested for shoplifting and a warrant for forgery. She was booked at the jail. 2318 hours - Deputy Taylor conducted a vehicle stop at Hwy 111 c/o Dune Palms. The driver, Juan Cabrera age 20 of Indio, was arrested for DUI (EPAS .80 / .10), 23109 c VC (exhibition of speed) and 14601.1a VC (suspended license). He was booked at the jail. Saturdav, 04-22-06 (69): 1500 hours - Deputy Reynolds responded to the 78000 block of Avenida Tujunga regarding a domestic disturbance. Ramiro Hernandez was arrested for public intoxication. 1830 hours- Deputy Lingle arrested Marybell Rodriguez for child endangerment and corporal punishment to a child. Rodriguez severely struck her four —year- old and seven- year -old children with a leather belt causing welts across their buttocks. Rodriguez was booked into the Indio Jail. 0300 hours- Deputy Covington was patrolling the Topaz residential area when she observed a suspicious vehicle, possibly casing the area for a potential burglary. The vehicle was found to have been stolen out of the City of Indio. Deputy Covington attempted to stop the vehicle but the driver failed to yield and drove into the City of Coachella. The driver stopped at Avenue 48 and Calhoun where he fled on foot and escaped arrest. However, the passenger, Alonzo Galvan, was arrested for possession of stolen property. Galvan admitted to deputies he knew the vehicle was stolen. Sunday, 04-23-06 (76): 1413 hours- Deputy Olsen responded to the 52000 block of Avenida Navarro to a domestic disturbance. The suspect, Francisco Lopez, choked his live-in girlfriend, while their children were present. The suspect fled prior to deputy's arrival. Monday, 04-24-06 (72): 0030 hours- Deputy Taylor responded to the 51000 block of Avenida Juarez and arrested Francisco Franco Ceja for domestic violence, assault with a deadly weapon and possession of a controlled substance. Ceja was booked into the jail. 0549 hours- Deputy Bolton responded to an alarm at the Radio Shack. When he arrived he found the front glass shattered. Deputies arrived and cleared the interior. The interior appeared to be ransacked and items were missing from within. The burglary investigation is ongoing. 1800 hours- Corporal Northrup arrested Sandra Patron for theft. Patron was attempted to return merchandise she had not purchased at Wal-Mart. Patron was booked into the jail. Tuesdav, 04-25-06(67): 1712 hours - Deputy Ruiz was dispatched to a report of an attempted rape on the bike trail in the La Quinta Cove. A Hispanic male adult approached a female jogger and sexually and physically assaulted her. The suspect was last seen wearing black jogging shorts and no shirt. Investigations responded. 2050 hours - Deputy Darascavage responded to the 51000 block of Avenue Vallejo reference a restraining order violation. Jaime Valenzuela was arrested for spousal abuse. Wednesdav, 04-26-06 (77). 1059 hours - Deputy Gaunt conducted a traffic stop on Hwy 111 and La Quinta Center Dr. The driver, Daniel Stark, 49, was found to be driving under the influence. Stark was arrested and booked at the jail. 1440 hours - Deputy Speir responded to an assault at La Quinta High School. During the fight, the victim fell to the ground and the suspect proceeded to kick the victim in the head and stomp on his chest. The victim was transported to Desert Hospital. The suspect fled the scene prior to Deputy Speir's arrival. Numerous students identified the suspect to Deputy Speir who was unable to locate him. Thursdav, 04-27-06 (77): 1745 hours - Deputy Ervin responded to the 78000 block of Avenue La Fonda reference a man down. Mark Lemmermann was arrested for public intoxication and booked in jail. Friday, 04-28-06 (81): 0005 hours - Deputy Gaunt conducted a traffic stop at Calle Nogales and Eisenhower Drive. Mandy Stratton was arrested for driving under the influence. Straton was booked in jail. 1455 hours - Security officers at La Quinta High School caught Gustavo Ramirez, in the bathroom selling ecstasy to a juvenile. Deputy Moore arrested Ramirez for furnishing illegal drugs to a minor and contributing to the delinquency. 2030 hours - Deputy Ervin responded to the 79000 block of Cortelero reference a domestic dispute. Soledad Baez was arrested for assaulting her live in boyfriend. Her boyfriend sustained scratches on his face and neck but refused medical treatment. 2020 hours - Deputy Gaunt responded to a traffic collision at Calle Colima and Avenida Ramirez. Brenda Dodson was arrested for driving under the influence of alcohol. Dodson was booked into the jail. 2355 hours - Deputy Ervin was patrolling in the 78000 block of Calle Tampico when he witnessed an attempt robbery at the Circle K. Manuel Reyes was arrested for assault and attempt robbery. Reyes punched the victim in the face for no reason and then attempted to take his backpack. Reyes fled on foot when he saw Deputy Ervin's patrol car but was apprehended a short distance away. The victim sustained minor injuries to the face. Saturday, 04-29-06 (50): 0500 hours - Deputy Lugo responded to Washington and Channel Drive regarding a mentally disturbed person. He contacted Jean Paul Borowiec, who was yelling and threatening to kill people. He told Deputy Lugo he was from LA but was here for the Coachella Fest. Borowiec was extremely intoxicated and possibly under the influence of a narcotic. He was staggering in the roadway and did not know where he was. He was arrested for public intoxication and a felony warrant out of Los Angeles 1330 hours- Deputy Covington responded to the 54000 block of Eisenhower Drive regarding a female who stole a purse out of a vehicle and then ran inside a residence. Deputy Reynolds contacted Francisco Baca inside the residence. Baca had a felony warrant for petty theft with priors. Neither the female nor the stolen purse where located at the residence. Baca was arrested for the felony warrant. Sunday, 04-30-06 (59): No Significant Activity Total calls for service: 2287 Deputy Ismael Celaya Deputy Jason McFadden Deputy Paul Harter Deputy Randy Wedertz CITY OF LA QUINTA Special Enforcement Team April 2006 Summai7 of Activity Sergeant Matt Jimenez Type of Activity # of Incidents Type octivity # of Incidents Ongoing Investigations 2 Probation Searches 0 Parole Searches 0 Arrests/Filings 21 Vehicle Checks 26 Arrest Warrants Served 7 Investigation Assists 2 Programs 0 Arrest Warrants Attempted 7 Crime Prevention Hours 0 Pedestrian Checks 10 Back-ups 6 Bar Checks 0 Search Warrants 2 Follow-ups 16 Recovered Stolen Property 0 Meetings/Civil Commitments 0 Surveillance 0 Citations Issued 6 Business Contacts 0 Bicycle Time 0 Training Hours 0 Illegal Drugs Seized 0 TOTAL MILEAGE 921 Miles SIGNIFICANT ACTIVITY )03 Deputy Robert Brooker Deputy Chris Orr Sgt. John Shields CITY OF LA QUINTA Traffic Enforcement Team Report April 2006 Summary of Activitv Deputy Michael Gaunt Deputy Dave Adams Deputy Manny Alvarado Type of Activit Number of Incidents Speed Violations 39 Fail to Yield 0 Turning Violations 15 Calls for Service & B/U's 37 Red light/Stop sign 41 Child Seat Violations 1 Lane Change Violation 0 Seat Belt Violations 26 DU I Arrests 4 Misdemeanor Arrest 15 Felony Arrest 0 Warnings 35 Tows 26 Injury T/C 6 Non -Injury T/C 34 Suspended DL 27 Non -Moving 148 H & S 0 CITY OF LA QU I NTA School Resource Officer Report April 2006 Deputy Eric Speir La Quinta High School E_ Type of Activity umber of Incidents Criminal Reports 4 Non -Criminal Incidents 1 Arrests 1 District Attorney Filings 1 Traffic Stops 0 YAT Referral 2 Vehicle Checks 0 Pedestrian Checks 3 Follow-up 1 Truancy 0 1. Security of the P.E. lockers continues to be a problem. 2. A report of annoying telephone calls between parents was received. As a result of the subsequent investigation, a report was forwarded to the District Attorney for possible charges. Responded to a fight involving six individuals. It was determined that four of the participants were non -students. One non -student received injuries requiring hospitalization. One non - student was arrested for assault with a deadly weapon. This case is under review by the District Attorney. CITY OF LA QUINTA I.I�nthly School Resource Officer Report Deputy Kevin Moore La Quinta Middle School �r. .. . Type of Activity Number of Incidents Reports 8 Arrests 2 District Attorney Filings 0 Traffic Stops 2 Business Checks 1 Y.A.T. Referral 10 Vehicle Checks 6 Calls for Service 46 Pedestrian Checks 4 Follow-up 11 Truancy 2 1. Intervened and resolved two child custody disputes. 2. Responded to the presence of an irate parent. Investigation revealed that the parent had an outstanding warrant. The parent was arrested and transported to Indio jail. 3. Investigated a report of a suspicious vehicle in the area of a local elementary school. 4. Arrested an 18 year old student after security personnel caught him attempting to sell Ecstasy tablets to another student. Field tests returned positive for MDMA (Ecstasy). The 18 year old student was booked into Indio jail and the 14 year old student attempting to buy the tablets was referred to the Y.A.T. Probation Officer. 5. Investigated two thefts, two assaults and one report of vandalism. All suspects were referred to the Y.A.T. Probation Officer. Stolen property was recovered and returned to the j victims. rl} CITY OF LA QUINTA Community Service Officer Report April 2006 C.S.O. Steve Grissom C.S.O. Monica Santillanes C.S.O.Thomas Fowler Type of Activity Number of Incidents Burglary Investigations 16 Grand Theft Reports 5 PettyTheft Reports 11 Vandalism/Malicious Mischief Reports 10 Traffic Collision Response 13 Vehicle Code or Parking Citations 18 Abandoned Vehicles Tagged/Warning 7 Towed Vehicles 3 Lost or Found Property Reports 4 Stolen Vehicle Report 3 Public Assistance 5 Custodial/Non-Custodial Transports 13 [Miscellaneous Calls 17 1. Presented "Crime Prevention" programs at two Home Owner's Association meetings. 2. Conducted two community Neighborhood Watch meetings. Represented the La Quinta Police Department at two organizational meetings: Crime Stoppers and Resort Communities Security Assoc. 07 Corporal Andy Gerard CITY OF LA QUINTA Post 503 Explorer Report April 2006 Summary of Activitv I Type of Activity IL Number Trainina Meetinas 1 4 SIGNIFICANT ATI IT 1. Post 503 members trained in the following areas: vehicle stop scenarios, 10 & 11 Code testing, felony stop training, building searches, DUI investigations, drill and marching practice. 2. Post 503 members assisted the Indio Police Department by acting as protestors during riot training scenarios at the Empire Polo Club. 3. Post 503 members volunteered as roll players for the College of the Desert Safety Academy and assisted with parking and crowd control at two community events. 4. Post 503 members have a busy schedule ahead as they look forward to attending the Explorers Competition in Las Vegas Nevada in June, the National Explorer Conference in Flagstaff, Arizona in in July and the annual Explorer Academy in Riverside in August. CITY OF LA QUINTA COMMUNITY POLICING OFFICE Monthly Volunteer Report April, 2006 Volunteer Coordinator: Danese Maldonado Type of Activity Number 329 Monthly Volunteer Hours Hours YTD 943 Hours 4/03 to Present 9321 CPO Monthly Visits 135 CPO YTD Visits 528 CPO 4/03 to Present 6689 Training Hours 8 HIGHLIGHTS Currently the volunteer program averages 18 active volunteer participants. 2 Three new volunteers have been accepted for the Citizens On Patrol (COP) program bringing the total number of COP volunteers to 7. 3 Sgt. Matt Jimenez conducted the first COP classroom training session with all 7 qualified COP volunteers in attendance. Department Report: Crime Statistics Summary March -- 2006 Prepared for 19W ,00 ��31 OF Zv� 0 0 a CD C� 0 cn CD 0 CD n� 3 CD 0 v v 0 c D CD CD x m 0 CD -i 3 CD "0 0 O i z m � X G) m C� m O-n � r- o =� co 00 y �Z '1 o0� c bo (.0 iz r rn D m Dr Z C zz � m � D C W N �l � Z C7 Z LLII y C/) CD � o CD C c Cl) Q cp CL) Q ro CAD a 0 CD 0- CD CL --� z D ; D T O — n M —1 O CJ1 4�-- W N n c)cx>x<aoDODO n6> —mCcn Z p��zm��c°m°mC) rrnnm D r c z c� -� � m ;u o ? � � = -< -n C D = m m m m r n O z n _4 O Ul —' � W j Li N O 0) O O n _ O -n r y D o A c O v Ul W ul WO O) N W 0) O— N O O D O � W' NrQ O N 4 0 0 U 0 —1 N O N O O O O ti Wo l con oN W Ul -Ph O o cn oUl 00O O r D n m � z o� � D ° O z I z o n O CP lw� 00 m� 0co m ° Z r rvlont" to mo ;n Crime MARCH 2O06 p MARCH 2O05 YA. a r av, -,LD "c- Crime Com? arISO ° a. „i � YTD 2006 ® YTD 2005 a MARCH 2O06 on ad mono r qc Activi,sc MARCH 2O05 TIC NON -INJURY DUI TIC INJURY TIC FATAL Vem x y n n _m o YTD2006 p YTD 2005 DUI TC INJURY TIC FATAL 2500 2000 1500 MI 5000 4000 3000 2000 1000 0 Total Non -Criminal Criminal c] Mar. 06 EM Mar. 05 © YTD 2006 p YTD 2005 Craig E. Anthony Fire Chief Proudly serving the unincorporated areas of Riverside County and the Cities of: Banning Beaumont Calimesa Canyon Lake Coachella Desert Hot Springs Indian Wells Indio Lake Elsinore La Quinta Moreno Valley Palm Desert Perris Rancho Mirage San Jacinto Temecula Board of Supervisors Bob Buster, District I John Tavaglione, District 2 Jeff Stone, District 3 Roy Wilson, District 4 Marion Ashley, District 5 DEPARTMENT REPORT: h 210 West San Jacinto Avenue Perris, California 92570 • (951) 940-6900 • Fax (951) 940-6910 May 6, 2006 Honorable Mayor Adolph and Members of the City Council City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Ref: Quarterly Report Attached please find the Fire Department Quarterly Report for the City of La Quinta for January 1 through March 31, 2006. The report depicts the following highlights: Riverside County Fire Department units responded to the following La Quinta Calls: • Medical Aids 433 • False Alarms 86 • Structure Fires 8 • Vegetation Fires 3 • Rescues (accidents, entrapments) 94 • Other Fires (vehicle, refuse, etc.) 17 • Public Service Assists 25 (Non -emergency assistance) • Fire Menace Standby 19 (Fuel spill, gas leak etc.) The call volume for our La Quinta Fire Services continues to soar, due to both a continued influx of new residents, as well as visitors to the City. This quarter showed a 20% increase in calls over the same quarter last year. This is an even faster rate of escalation than the 17% average seen for 2005. Attached are photos from a "Fire Control III" training exercise held in April. This is a 2-day basic structure fire training program taught with a combination of on site lecture, and live fire exercises. Intended primarily to provide added experience for ``rookie" firefighters, it was attended by not only paid staff, but also volunteers and 4 of our La Quinta Fire Explorers. Respectfully submitted, Craig E. Anthony Fire Chief By: Dorian J. Cooley Battalion Chief �� La Quinta City Fire Responses Quarter Totals ;al Responses ❑ False Alarms Structure Fire ❑ Vegetation Fires ❑ Rescues ❑ Other Fires Public Service Assists Fire Menace Standby January-06 February-06 March-06 Totals Medical Responses 158 129 146 433 False Alarms 33 30 23 86 Structure Fire 3 2 3 8 Vegetation Fires 0 1 2 3 Rescues 37 28 29 94 Other Fires 6 5 6 17 Public Service Assists 9 8 8 25 Fire Menace Standby 4 8 7 19 TOTALSI 250 211 224 1 685 450 400 350 300 250 200 150 100 50 La Quinta City Fire Responses Quarterly Totals Quarterly Comparisons ❑ 2006 02005 'Llama• �/s ��<, ��9 ��°s s•0o �S ~� '~� 0 A T. s• �a iS�s 6y First Quarter 2006 2005 Medical Responses 433 387 False Alarms 86 58 Structure Fire 8 12 Vegetation Fires 3 1 Rescues 94 54 Other Fires 17 19 Public Service Assists 25 31 Fire Menace Standby 19 10 TOTALS 685 572 r, t 8 5/6/2006 3 Firefighters wait at the doorway to make entry as the fire builds. Firefighter advances hoseline towards the fire room. Firefighters on the roof practice ventilation techniques while opening up the roof. On the ground, two La Quinta Explorers knock down lire that had been coming from the window. ?^g Lo AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: May 16, 2006 BUSINESS SESSION: ITEM TITLE: Public Hearing to Consider Adoption of a Resolution Approving Tentative Tract Map 34243, the Subdivision of 20 ± Acres into 70 Single -Family Lots, Located on the North Side of Avenue 58, 1000 ± Feet West of Madison Street. Applicant: Innovative Communities RECOMMENDATION CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving Tentative Tract Map 34243. FISCAL IMPLICATIONS None. CHARTER CITY IMPLICATIONS None. BACKGROUND AND OVERVIEW General Plan Designation: LDR (Low Density Residential, up to four (4) dwelling units per acre). Zoning: RL (Low Density Residential). Surrounding Zoning and Land Uses: NORTH: RL / RESIDENTIAL (PGA WEST AND PUERTA AZUL) SOUTH: RL/VACANT EAST: RL / RESIDENTIAL (LION'S GATE) WEST: RL / RESIDENTIAL (SANTA ROSA TRAILS) tq M $44 p:\stan\ttm\tt 34243 cc rpt2.doc Previous City Council Action On April 18, 2006, the City Council reviewed this request by Innovative Communities for a Negative Declaration of environmental impact and Tentative Tract Map to subdivide 20 ± acres into 70 single-family residential lots on the north side of Avenue 58, west of Madison Street (Attachment 1). The Council certified a Negative Declaration of environmental impact (Attachment 2) and approved the Tentative Tract Map with 66 residential lots, a reduction of four lots. The lots deleted were adjacent along the east property line. During the City Council and Planning Commission hearings concerns had been raised by the neighbors to the east in the Lion's Gate development about grade elevations, the perimeter wall treatment between the two projects, and density. The emergency access to Avenue 58, east of the project entry was required to be relocated to the west of the entry at the south end of the proposed hammerhead street. Lastly, a requirement was imposed that a compatible perimeter wall be constructed along the east property line adjacent to the existing wall. The vote approving the subdivision with 66 lots was 3-2, with Council Members Henderson, Kirk, and Osborne voting in favor and Mayor Adolph and Council Member Sniff voting against the motion. Reconsideration of City Council Action Request On May 2, 2006, based upon the written request of Council Member Osborne, the City Council approved a motion to reconsider their action on the Tentative Tract Map (Attachment 3). This decision to reconsider their action is permitted by Section 7.3 of the City's Rules of Procedure, amended by City Council Resolution 2003-025. Pursuant to Section 7.3, any Council Member who voted with the majority may request City Council reconsideration in writing within seven calendar days of the original action. The previous City Council approval for the Tentative Tract Map is void and the original map request is back before the City Council. During the discussion Councilman Kirk made reference to tract to the east of Lion's Gate which is on the northwest corner of Avenue 58 and Madison Street. During Planning Commission review of Tentative Tract 32225 in 2004, the applicant (Vince D'Ambra) was required to widen the lots adjacent to Lion's Gate to a minimum 90 feet wide. This requirement reduced the total number of single-family lots from 33 to 29, a reduction of four lots. The map reviewed and approved by the City Council on October 5, 2004 reflected the recommended Planning Commission lot width revision. The Planning Commission's action was based on concerns raised by two Lion's Gate property owners at the hearing. This tract has not yet begun construction but is in the process of obtaining architectural approval of residential unit plans. r 1 p:\stan\ttm\tt 34243 cc rpt2.doc For comparison, the current tentative tract map under consideration shows eleven lots at 69 foot wide and single lots at 70', 80', 84.5' and 1 26.1 ' wide for a total of 16 lots adjacent to Lion's Gate. The following is a description of the original application request for the Tentative Tract Map as presented to the City Council on April 18, 2006. Site Description The project site is located on the north side of Avenue 58 approximately 1,000 feet west of Madison Street and immediately west of Lion's Gate (Attachment 4). The site is a rectangular site 1,526 feet+ deep and 661.3 feet wide. The site is vacant and void of any significant vegetation. The site is surrounded on the north, east and west by block walls. Original Project Request The applicant is proposing to subdivide the 20 acre site into a gated 70 single- family residential lot project with private streets (Attachment 5). Several miscellaneous lots would be created for storm water retention, common area landscaping and private streets. The proposed density of this subdivision is 3.5 dwelling units per acre which is below the maximum of four dwelling units per acre allowed by the Zoning Code and General Plan land use designation. The existing RL zoning on the property requires a minimum lot size of 7,200 square feet. All proposed lots exceed this requirement with the smallest lot being 8,627 square feet, the largest at 15,888 square feet and average lot 9,100 square feet. One long narrow retention basin/recreational space of 64,468 square feet (1 .48 acres) is proposed in the middle of the site. Twenty-six of the lots would back-up to the retention basin and have a combination block/metal picket rear yard wall/fence to allow views into the landscaped basin. The project will have gated vehicular and pedestrian access from Avenue 58 in the middle of the site. The project will be provided with a single 36 foot wide loop street. At three of the four corners there will be a short 28 foot wide hammerhead style street to provide access to two lots in the corner. The long legs of the loop street "bow" out at approximately mid point of its length to provide a ten foot wide landscape median island and traffic calming devise. At this point each one way lane is approximately 23 feet wide. A narrow median is shown at the entry off Avenue 58 for landscaping and a gate entry box. An emergency -only vehicle access connection to Avenue 58 is provided between proposed lots 66 and 67 near the east property line. During the review on April 18, this gate was required to be relocated to the west of the project entry, at the south end of the westerly hammerhead street. 154, p:\stan\ttm\tt 34243 cc rpt2.doc On the east side of the proposed subdivision which is adjacent to residential lots in Lion's Gate, the proposed lots pad grades vary from the same to a maximum three± feet higher (near the south end). Along the west half of the rear property line to the north in PGA West, there is a landscape strip and then a private street with houses on the north side of the street within PGA West. Along this portion of the property line the subject property site pad grades will be approximately 5-6 feet lower than the adjacent grades in PGA West. Along the east half of the north (rear) property line adjacent to Puerta Azul, the proposed grades will be 2.5-3.5 feet lower. Along the west property line, adjacent to Santa Rosa Trails, the proposed pad grades will be lower, varying from approximately 2-4 feet lower. The Public Works Department has reviewed the proposed pad grading and finds them acceptable. Common Area Landscaping and Improvements As part of the application, the common area landscaping and improvement plans have been submitted for review (Attachment 6). The plans include a conceptual common area planting plan, perimeter wall and entry gate designs. A plant palette accompanies the conceptual plan and includes an extensive list of water efficient trees and shrubs. However, specific plants to be used are not called out on any of the landscaping plans. The various plans show residences, but these are not submitted for approval, nor have they been previously approved. The plans include landscaping proposed for the retention basin in the center of the site. Turf and canopy trees are shown throughout the retention basin. Additionally, a meandering walkway is shown the length of the basin and around various parts of the project. The site plans show front yard landscaping identifying two trees per lot with no other yard planting details shown. Additional planting details will be submitted with the residence plans. The vehicular entry on Avenue 58 shows a card gated entry with a center row of palm trees. Canopy trees flank both sides of the entry street. The entry street and three on -site traffic -calming "islands" in the tract will have enhanced brick paving. The islands will also have a palm tree planted in a small planter in the middle of the street. The gate shown appears to be a wrought iron or metal picket type fence with the adjacent entry walls plastered a light color and provided with a brick cap. A small water feature is shown on each side of the entry near Avenue 58. Perimeter landscaping along Avenue 58 shows a mixture of canopy and palm trees. A meandering sidewalk will be provided. Decorative decomposed gravel along with shrubs will be used along this frontage. Where not existing, a block perimeter wall will be provided,. 523 p:\stan\ttm\tt 34243 cc rpt2.doc Environmental Considerations Environmental Assessment 2005-557 was prepared for this Tentative Tract Map in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. At the April 18, 2006 hearing a Mitigated Negative Declaration of environmental impact was certified for this request. The Environmental Assessment is not being reconsidered and therefore, the certified Mitigated Negative Declaration still applies to this proposal. Public Notice This request was advertised in the Desert Sun Newspaper on May 6, 2006 and mailed to all property owners within 500 feet around the project boundaries. To date, no correspondence has been received from the City Council notice. Public Agency Review The original Tentative Tract Map request was sent out for comments, with any pertinent comments received incorporated into the Conditions of Approval (Attachment 7). The Coachella Valley Water District (CVWD) noted that existing Bureau of Reclamation facilities are not shown on the plan. After discussion with the Public Works Department and applicants engineer, it was determined they are shown on the plan. The facilities consist of old irrigation easements and lines which will be removed and/ or eliminated. Architectural and Landscape Committee Review: The Architectural and Landscape Review Committee (ALRC) reviewed the common area landscaping and entry gate design at their meeting of March 20, 2006 (Attachment 8). The ALRC on a 2-0 vote recommended approval of the project subject to staff's recommended conditions. The conditions recommended by the ALRC are as follows: 1. Typical preliminary -level common area and front yard landscaping plans for the residences shall be submitted for review by the ALRC and approval by the Community Development Director prior to issuance of first production home permit. 2. Turf use in retention basins shall be limited to basin entries and exits where they meet the meandering walkway. In the turf's place, decomposed granite and accent plants should be provided. Retention area wall design, heights, materials, colors, etc. shall be reviewed by the ALRC and approved by the Planning Commission during review of architectural and landscaping plans for the residences. p:\stan\ttm\tt 34243 cc rpt2.doc 3. The perimeter wall along Avenue 58 shall meander or jog in and out along the property line. Decorative pilasters shall be provided approximately 75 feet on center along Avenue 58 perimeter wall. The Tentative Tract Map (TTM 34243) shall be conditioned to be revised to reflect this and be approved by the Community Development Director. 4. Delete the following plants from the plant palette: A. Pinus canaiensis Canary Island Pine B. Prosopis chilensis Chilean Mesquite C. Macfadyena unguis-cati Cat's Claw D. Pennisetum setaceum Fountain Grass E. Ficus pumila Creeping Fig F. Bracchychiton populneus Bottle Tree 5. The residences adjacent to the east -west green belt (with walkway) shall be constructed with a setback ± 10 feet larger than the minimum of 5 feet (flipping residence as shown on submitted landscape plan). The east and west ends of the green belt shall be flared out. This flare will require revision to the adjacent single-family lots. This revision and final setbacks shall be subject to approval by the Community Development Director. 6. The entry gate shall be re -studied and redesigned to provide an attractive and creative gate consistent with the theme and architecture of the project. These Conditions have been added to the recommended Conditions of Approval. Planning Commission Action: The Planning Commission reviewed the original request at the meeting of March 28, 2006 (Attachment 9). Staff had recommended the tract layout be re -studied to incorporate a more creative and attractive design. Merits of this recommendation were discussed during the review with the Commission ultimately determining the proposed design was acceptable. Other Commission discussion included design of common area (retention basin, entry) planting. The Commission recommended an amendment to Condition #69 pertaining to the landscaping to ensure they would review the common area design again. Staff noted there may be minor Tract revisions needed which will be approved by staff to comply with the recommended Conditions (e.g. Conditions #81 and 82). A homeowner representing other owners from Lion's Gate indicated concerns about privacy and density. The applicant indicated they would meet with the adjacent homeowners to resolve all concerns. The applicant has indicated he has met twice with this homeowner to discuss his concerns. Final disposition of these meetings has not been provided to staff. p:\stan\ttm\tt 34243 cc rpt2.doc The Planning Commission, on a 5-0 vote, adopted Resolutions 2006-015 and -016 recommending approval of the original request subject to Conditions. Revised Tentative Tract Map For this hearing, the applicant has submitted a revised Tentative Tract Map that they wish to propose (Attachment 10) for this consideration. According to the applicants it has been revised to address concerns raised during the April 18 City Council review. Seventy single family lots are still proposed and the emergency access is still between the entry and east property line. However, lot sizes and widths along the east property line, and the street layout at the southeast corner of the site have been revised. However, the number of proposed lots abutting each Lion's Gate lot to the east has not significantly changed. In order to permit some revision to where the lot lines are in relation to the Lion's Gate lots, the revised proposal includes in the southeast corner of the site the placement of two full lots (Lots 65 and 66) adjacent to Lot '1 in Lion's Gate and changing the emergency only access to Avenue 58 to a hammerhead access street (with an emergency access to Avenue 58). It appears the applicant has attempted to place no more than two full lots and in some cases a small portion of a third lot adjacent to each Lion's Gate lot. The original Tentative Tract map considered April 18 had in many cases 2.5 proposed lots adjacent to the back of each Lion's Gate lots. Nearly all lots in this revised proposal adjacent to Lion"s Gate are 73.6' wide. Additionally, the applicant's attorney has submitted a letter explaining their position and noting why the revised Tentative Tract Map should be approved with 70 single family lots as originally proposed (Attachment 11). Discussion of Original Tentative Tract Map Proposal: The layout of the project is primarily a grid design that maximizes the number of residential lots. As noted before, this tract is proposed at 3.5 dwelling units per acre which generally is only achieved with a grid layout with a slight street meander. During the review process staff met with, and recommended to the applicant that the subdivision be re -designed to provide a more creative and attractive layout. That resulted in a slight redesign amounting to the bulb in the streets and street medians. The adjacent tract to the west is long and narrow with a single cul-de-sac, while the tract to the east has an irregular loop layout. Discussion of Revised Tentative Tract Map Proposal: The revised plan submitted for this hearing is not a significant revision. The number of lots has not changed and the emergency access is in the same location. However, lot widths along the east property line have been revised, along with the emergency access design. Should the City Council wish to consider the revised 596 Tentative Tract Map, it may be appropriate to refer it to the Planning Commission for review prior to taking action. p:\stan\ttm\tt 34243 cc rpt2.doc Summary of Lot Widths Adjacent to Lion's Gate As previously noted, the lots to the east of Lion's Gate in Tract 32225, approved in October, 2004 were required to be increased to a minimum 90' wide, resulting in the loss of four lots (1 7 to 14 lots) . The current proposal under consideration for this Tentative Tract Map shows most lots at 69' wide. With the loss of four lots (15 lots to 11 lots) as approved by the City Council on April 18, the resulting 11 lots would be an average 1 20.4' wide. The revised map submitted by the applicant shows 13 lots at 73.6' wide with two lots slightly wider. FINDINGS AND ALTERNATIVES: The proposed original Tentative Tract Map, as well as the revised Tentative Tract Map, complies with applicable City and State requirements. The Findings to approve this request can be made as noted in the attached City Council Resolution. The Resolution is based on the applicants' proposal of 70 single family lots. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving Tentative Tract Map 34243, subject to Conditions; or 2. Do not adopt a Resolution of the City Council approving Tentative Tract Map 34243; or 3. Refer the revised Tentative Tract Map to the Planning Commission for recommendation prior to taking action; or 4. Provide staff with alternative direction. Respectfully submitted, Douglas R.4evans Community Development Director Approved for submission by: Thomas P. Genovese, City Manager 527 p:\stan\ttm\tt 34243 cc rpt2.doc Attachments: 1 . City Council minutes for the meeting of April 18, 2006 2. City Council minutes for the meeting of May 2, 2006 3. Certified Negative Declaration of environmental impact 4. Location map 5. Tentative Tract Map 34243 6. Common area landscaping plans 7. Comment letter from CVWD 8. ALRC minutes for the meeting of March 20, 2006 9. Planning Commission minutes for the meeting of March 28, 2006 10. Revised Tentative Tract Map 34243 1 1 . Letter from Wingert Grebing Brubaker and Goodwin, LLP dated May 10, 2006 1 )8 p:\stan\ttm\tt 34243 cc rpt2.doc RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF TWENTY ACRES INTO 70 RESIDENTIAL AND MISCELLANEOUS LOTS CASE NO.: TENTATIVE TRACT 34243 INNOVATIVE COMMUNITIES WHEREAS, The City Council of the City of La Quinta, California, did on the 1 6t" day of May, 2006, hold a duly noticed Public Hearing to consider the request of Innovative Communities for the subdivision of twenty acres into 70 single-family residential lots and other miscellaneous lots, located on the north side of Avenue 58, approximately 1 ,000 feet west of Madison Street, more particularly described as: APN 763-240-014 WHEREAS, said Tentative Tract Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63) in that the La Quinta Community Development Department has prepared Environmental Assessment 2005-557 for this Tentative Tract Map in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The Community Development Director has determined that the project will not have a significant adverse impact on the environment and therefore, is recommending that a Mitigated Negative Declaration of environmental impact be certified; 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 34243: 1. The Tentative Tract Map and its improvement and design are consistent with the General Plan in that its street design and lots are in conformance with applicable goals, policies, and development standards, such as lot size, and will provide adequate infrastructure and public utilities. 2. 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 because mitigation measures and conditions have been incorporated into the project approval to mitigate impacts where needed. P•\rAnnrtc_rrrr\?OOR\R,_1 R_OR\tt '2A?Aq innnxiatixiA\tt 'Z&?Aq nn rnci rinrr City Council Resolution No. 2006- Tentative Tract Map 34243 Innovative Communities Adopted: May 16, 2006 Page 2 3. The design of the subdivision and subsequent improvements are not likely to cause serious public health problems because urban infrastructure improvements are existing, or will be installed based on applicable local, State, and Federal requirements. 4. The design of the revised 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 none presently exist and access is provided within the project and to adjacent public streets. 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 the City Council does hereby approve Tentative Tract Map 34243 for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 161" day of May, 2006, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta California P:\reports-cc\2006\5-16-06\tt 34243 innovative\tt 34243 cc res2.doc City Council Resolution No. 2006- Tentative Tract Map 34243 Innovative Communities Adopted: May 16, 2006 Page 3 ATTEST: JUNE S. GREEK,, MMC, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California P:\reports-cc\2006\5-16-06\tt 34243 innovative\tt 34243 cc res2.doc CITY COUNCIL RESOLUTION NO. 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34243 INNOVATIVE COMMUNITIES (MASQUE DEVELOPMENT) ADOPTED: 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, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency .- - P:\stan\ttm\tt 34243 cc coa2.doc CITY COUNCIL RESOLUTION NO. 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34243 INNOVATIVE COMMUNITIES (MASQUE DEVELOPMENT) ADOPTED: 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. 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 Permittee 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. c 3) Wind Erosion Control. 4) Tracking Control. CITY COUNCIL RESOLUTION NO. 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34243 INNOVATIVE COMMUNITIES (MASQUE DEVELOPMENT) ADOPTED: 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. 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). 6. Approval of this Tentative Tract Map shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. PROPERTY RIGHTS 7. 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. 8. 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. 9. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Avenue 58 (Secondary Arterial with Class II Bike Lane, 94' ROW) — Provide 44 feet of right of way from the centerline of Avenue 58 consistent with right of way requirements on the north side of Avenue 58 except an additional variable right of way dedication at the proposed K , entry measured 54 feet north of the centerline of Avenue 58 and deceleration length of 132 feet plus a transition length of 120 feet to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVFMFNTS. CITY COUNCIL RESOLUTION NO. 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34243 INNOVATIVE COMMUNITIES (MASQUE DEVELOPMENT) ADOPTED: 10. 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. 11. The private street right-of-ways to be retained for private use required for this development include: A. PRIVATE STREETS 1) Residential Streets measured at gutter flow line to gutter flow line shall have a 36-foot travel width with parking allowed on both sides of the street. 2) Dead end residential streets measured at gutter flow line to gutter flow line shall have a 28-foot travel width with street parking is prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. 12. 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 13. 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. 14. 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 ofm IID. CITY COUNCIL RESOLUTION NO. 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34243 INNOVATIVE COMMUNITIES (MASQUE DEVELOPMENT) ADOPTED: 15. The applicant shall create perimeter landscaping setbacks along all public right-of- ways as follows: A. Avenue 58 (Secondary Arterial) - 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. 16. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 17. Direct vehicular access to Avenue 58 from lots with frontage along Avenue 58 is restricted, except for those access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 18. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 19. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAL MAPS 20. Prior to the City's approval of a Final Map, the applicant shall furnish accurate AutoCAD files of the Final Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standard AutoCAD format so as to be fully retrievable into a basic AutoCAD program. Where a Final Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster - image file of such Final Map. The Final Map shall be of a 1 " = 40' scale. ;3b IMPROVEMENT PLANS CITY COUNCIL RESOLUTION NO. 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34243 INNOVATIVE COMMUNITIES (MASQUE DEVELOPMENT) ADOPTED: As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 21. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 22. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan 1 " = 40' Horizontal B. PM 10 Plan 1 " = 40' Horizontal C. SWPPP 1 " = 40' Horizontal D. 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. F. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical NOTE: A 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. -.. CITY COUNCIL RESOLUTION NO. 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34243 INNOVATIVE COMMUNITIES (MASQUE DEVELOPMENT) ADOPTED: 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. 23. 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. 24. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. IMPROVEMENT SECURITY AGREEMENTS 25. Prior to approval of any Final Map, the applicant shall construct all on and off -site 0 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. CITY COUNCIL RESOLUTION NO. 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34243 INNOVATIVE COMMUNITIES (MASQUE DEVELOPMENT) ADOPTED: 26. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 27. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on - site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 28. Depending on the timing of the development of this Tentative Tra.ct 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. on a first priority basis. The applicant 39 9 Off Site Improvements should be completedp y pp shall complete Off -Site Improvements in the first phase of construction or by the issuance of the 20 % Building Permit (add number when applicable). CITY COUNCIL RESOLUTION NO. 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34243 INNOVATIVE COMMUNITIES (MASQUE DEVELOPMENT) ADOPTED: In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 29. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. 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. 30. 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. c;Rnnwn 31. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 32. 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. 33. 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, `) I V B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, CITY COUNCIL RESOLUTION NO. 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34243 INNOVATIVE COMMUNITIES (MASQUE DEVELOPMENT) ADOPTED: 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. E. Proof of retention of archaeological monitors shall be given to the City prior to issuance of the first earth -moving or clearing permit. Monitors shall include a Ramona Band of Mission Indians designee. The site shall be monitored during on- and off -site trenching and rough grading by qualified archaeological monitors. The final report on the archaeological monitoring shall be submitted to the Community Development Department prior to the issuance of the first Certificate of Occupancy for the project. Any collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first Certificate of Occupancy for the property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. F. Proof of retention of paleontological monitors shall be given to the City prior to issuance of the first earth -moving or clearing permit. On- and off -site monitoring of earth -moving and grading in areas identified as likely to contain paleontological resources shall be conducted by a qualified paleontological monitor. The monitor shall be equipped to salvage fossils as they are unearthed to avoid construction delays and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. The monitor shall be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Any recovered specimens shall be prepared to the point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. A report of findings with an appended itemized inventory of specimens shall be submitted to the City prior to the first occupancy of a residence being granted by the City. The report shall include pertinent discussions of the significance of all recovered resources where appropriate. The report and inventory, when submitted will signify completion of the program to mitigate impacts to paleontological resources. conform to the recommendations contained in the Preliminary All grading shall co y Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. CITY COUNCIL RESOLUTION NO. 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34243 INNOVATIVE COMMUNITIES (MASQUE DEVELOPMENT) ADOPTED: 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. 34. 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. 35. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1 . All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1 .5") in the first eighteen inches (18") behind the curb. 36. 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. 37. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development unless there are pre-existing conditions such as existing perimeter walls and pad elevations on adjacent properties are not consistent with the lay of the land. 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. 38. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus cir minus three tenths of a foot from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 39. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. CITY COUNCIL RESOLUTION NO. 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34243 INNOVATIVE COMMUNITIES (MASQUE DEVELOPMENT) ADOPTED: Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. (DRAINAGE 40. The applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03 and the approved preliminary hydrology report. 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. 41. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 42. 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. 43. In design of retention facilities, the maximum percolation rate shall be zero as demonstrated by preliminary percolation tests. Nuisance water shall be retained on site. Nuisance water shall be passed through a injection/dry well system or equivalent system approved by the City Engineer. The injection/dry well system or equivalent system 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 injection/dry well system 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. 44. 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 CITY COUNCIL RESOLUTION NO. 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34243 INNOVATIVE COMMUNITIES (MASQUE DEVELOPMENT) ADOPTED: granted or dedicated to the local water utility authority as a requirement for development of this property. 45. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 46. 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. 47. 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. 48. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 49. 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. 50. Due to the unique length to width ratio of the proposed retention basin, the applicant or his design professional shall provide the following as approved by the City Engineer: A. To prevent undermining during a storm event, the applicant shall redesign the wall where it will be beneath the water surface during storms to a single reinforced concrete retaining wall with decorative face or other design approved by the City Engineer or comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03. B. Provide for secondary overflow on the internal street system with a one foot freeboard during design storm events. 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. 544 I JTII ITIES CITY COUNCIL RESOLUTION NO. 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34243 INNOVATIVE COMMUNITIES (MASQUE DEVELOPMENT) ADOPTED: 51. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 52. 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. 53. 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. 54. 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 55. 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. 56. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Avenue 58 (Secondary Arterial with Class II Bike Lane): Widen the north side of the street along all frontage adjacent to the Tentative Map 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. The north curb face shall be located thirty two feet (32') north of the centerline. 545 Other required improvements in the Avenue 58 right or way and/or adjacent landscape setback area include: CITY COUNCIL RESOLUTION NO. 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34243 INNOVATIVE COMMUNITIES (MASQUE DEVELOPMENT) ADOPTED: a) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. b) A deceleration/right turn only lane at the Primary Entry. The north curb face shall be located forty two feet (42') north of the centerline and length per Engineering Bulletin # 03-08. The deceleration length shall be 132 feet with a transition length of 120 feet. 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) A Class II Bike Lane along the north curb face along the Tentative Tract Map boundary. 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). The applicant is responsible for construction of all improvements mentioned above. The development is eligible for reimbursement from the City's Development Impact Fee fund in accordance with policies established for that program. The cost of improvements expended by the applicant from the centerline of Avenue 58 to within 20 feet of the outer curb face is eligible for reimbursement. The applicant is responsible for the remaining cost of the improvements. B. PRIVATE STREETS 1) Construct full 36-foot wide travel width measured gutter flow line to gutter flow line where the residential streets are double loaded. And construct a 28-foot wide travel width measured gutter flow line to gutter flow line where parking is prohibited and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department and Community Development Department prior to + 4 recordation. CITY COUNCIL RESOLUTION NO. 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34243 INNOVATIVE COMMUNITIES (MASQUE DEVELOPMENT) ADOPTED: 2) The location of driveways of corner lots shall not be located within the curb return and away from the intersection when possible. 57. 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. Pursuant to said condition, there shall be a minimum of twenty feet width provided at the turn -around opening. 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. 58. 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 3.0" a.c./4.5" c.a.b. Secondary Arterial 4.0" a.c./6.0" c.a.b. or the approved equivalents of alternate materials. 59. 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. 60. General access points and turning movements of traffic are limited to the following: 5 4 1 Primary Entry (Avenue 58): All turn movements are permitted. CITY COUNCIL RESOLUTION NO. 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34243 INNOVATIVE COMMUNITIES (MASQUE DEVELOPMENT) ADOPTED: 61. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 62. 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 63. 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 64. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 65. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 66. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 67. The applicant shall submit the landscape plans for approval to plan checking by the Public Works Department. When plan checking has been completed by the Public Works Department, 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. 68. 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. 69. Front yard landscaping plans for the residences shall be submitted for review by the ALRC and approval by the Director of Community Development prior to issuance of U first production home permit. Turf use in retention basins shall be limited to basin CITY COUNCIL RESOLUTION NO. 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34243 INNOVATIVE COMMUNITIES (MASQUE DEVELOPMENT) ADOPTED: entries and exits where they meet the meandering walkway. In the turf's place, decomposed granite and accent plants should be provided. Preliminary -level common area and retention area wall design, heights, materials, colors, planting, etc. shall be reviewed by the ALRC and approved by the Planning Commission during review of architectural plans for the residences or separately, whichever occurs first. 70. Delete the following plants from the plant palette: A. Pinus canaiensis Canary Island Pine B. Prosopis chilensis Chilean Mesquite C. Macfadyena unguis-cati Cat's Claw D. Pennisetum setaceum Fountain Grass E. Ficus pumila Creeping Fig F. Bracchychiton populneus Bottle Tree PUBLIC SERVICES 71. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. QUALITY ASSURANCE 72. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 73. 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. 74. 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. 75. 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. 54 CITY COUNCIL RESOLUTION NO. 2006- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34243 INNOVATIVE COMMUNITIES (MASQUE DEVELOPMENT) ADOPTED: MAINTENANCE 76. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 77. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 78. 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. 79. 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). 80. Quimby In -lieu park fees shall be paid prior to approval of the Final Map by the City Council. MISCELLANEOUS 81. The perimeter wall along Avenue 58 shall meander or jog in and out along the property line. Decorative pilasters shall be provided approximately 75' on center along Avenue 58 perimeter wall. The Tentative Tract Map (TTM 34243) shall be conditioned to be revised to reflect this and be approved by the Community Development Director. 82. The residences adjacent to the east -west green belt (with walkway) shall be constructed with a setback 10' ± larger than the minimum of 5' (flipping residence as shown on submitted landscape plan). The east and west ends of the green belt shall be flared out. This flare will require revision to the adjacent single-family lots. This revision and final setbacks shall be subject to Community Development Director approval. 83. The entry gate shall be re -studied and redesigned to provide an attractive and creative gate consistent with the theme and architecture of the project. 84. Prior to Final Map approval, the City Fire Marshal shall review and approve Map. City Council Minutes 29 ATTACHMENT # 1 April 18, 2006 Lots F and G as a reason to support the plicant's request. He doesn't see anything in the record that suggests th' area was ever envisioned for three homes. As far as the comment abou there being nothing in the final map suggesting the land would be dedica d as open space, he feels it would be interesting to hear a civil engineer in icate the distinction is a difference. He noted a lot of land in final maps is tained by an underlying property owner and not dedicated as open space r recreational but he suspects this area has been taxed as at an open spa rate. Mayor Pro Tern Sniff stated he oesn't feel anything has been presented that would change the Planning C mmission recommendation, and he supports denial of the application. RESOLUTION NO. 2006-03 A RESOLUTION OF TH CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DENYI G CERTIFICATION OF ENVIRONMENTAL ASSESSMENT NO. 2 1. 5-550 AND DISAPPROVING TENTATIVE PARCEL MAP 32752 FOR T E SUBDIVISION OF 2.55 ACRES INTO THREE RESIDENTIAL LOTS D MISCELLANEOUS LOTS (RAY SHAFFER). It was moved by ouncil Members Kirk/Osborne to adopt Resolution No. 2006-038 as subnlted. Council Membe I Henderson stated she believes outside of a gated community, thi area would be considered street frontage and residential an ideal use of t property. She commented on knowledge of the land being by virtue of e lettered numbers on it, and noted it probably would have reverted ba k to low -density residential or tourist commercial if an application ad been made to change the lettered lots. She stated she would support th motion but recommends someone start looking at the numbered and letter d lots. r Motion arried with Mayor Adolph ABSENT. 3. PUBLIC HEARING TO CONSIDER RESOLUTIONS CERTIFYING ENVIRONMENTAL ASSESSMENT 2005-557 AND APPROVING TENTATIVE 00 TRACT MAP 34243, THE SUBDIVISION OF 20 ± ACRES INTO 70 SINGLE FAMILY LOTS LOCATED ON THE NORTH SIDE OF AVENUE 58, 1,000 ± FEET WEST OF MADISON STREET. APPLICANT: INNOVATIVE COMMUNITIES. Planning Manager Johnson presented the staff report. City Council Minutes 30 April 18, 2006 In response to Council Member Osborne, Mr. Johnson stated the Planning Commission has directed the applicant to meet with the Lions Gate Homeowners Association representative regarding their concerns about a short wall on the east perimeter near the southern part of the property. He understands there has been some discussion about constructing a second wall at pad elevation height to minimize the privacy concerns. In response to Council Member Henderson, Mr. Johnson stated he believes the height of the short wall is five feet but deferred the question to the applicant. Council Member Kirk inquired about the recommendation for a more creative design, and if the project meets the City's water efficiency standards. He also asked about the depth of the central open space area, and if the rear yards would open into that area. Mr. Johnson stated staff feels the size of the property provides opportunity for a meandering street environment as opposed to a long linear appearance. He confirmed the project is conditioned for the landscape plans to come back before the Planning Commission. In regard to water efficiency, he stated staff has discussed the amount of grass proposed in the central open space area. Public Works Director Jonasson stated the bottom of the open space area is about 10 feet below the elevation of the rear yards. He indicated the City's design standards for retention basins try to minimize a canal look in long narrow retention areas by using a 3-1 slope and limiting the depth to five feet. The retaining walls on each side maximize the lot sizes but accentuate the depth of the basin, and make it difficult to make it attractive. He feels the applicant has skirted by the City's design standards for retention basins. Mayor Adolph asked about the lot lines not lining up with the adjacent properties. He also asked if the project will pave from the curb line to the center line of the street, and how it will affect the City's pavement program next year. Mr. Johnson stated the applicant did not design the tract to line up with the abutting lots to the east and west. The tract has a different design and the lot widths are different. Public Works Director Jonasson stated Condition No. 56 requires Avenue 58 to be widened to a secondary arterial, including a Class II bike lane. The improvements include the widening but don't take in the center line of the J�Z City Council Minutes 31 April 18, 2006 street. He noted a lot of the street width has been replaced on Avenue 58 as developments put in their utilities. He stated the City will take care of the center lanes that haven't been replaced during overlaying of the street, and feather in with what the developments have done. Mayor Adolph questioned why the configuration of the tract should be a concern since it will be seen only by homeowners in the development, and he noted the market will determine how the properties sell. Mr. Johnson indicated part of the concern is the long, narrow central open space. The Mayor declared the PUBLIC HEARING OPEN at 1 1 :06 p.m. Brad Fulman, 200 East Washington Avenue, Escondido, of Innovative Communities, stated they have meandered the streets and added knuckles with medians to soften the linear look of the streets. As for water use related to the retention basin, they are changing it to more of a desertscape with drought -tolerant type materials. They have met twice with the Lions Gate representative regarding the wall concerns. They would prefer adding two feet to the existing wall but have some liability concerns because some of the homeowners have already added to the wall. They are proposing to construct a secondary six-foot high wall on this project's property. Mr. Fulman stated he feels the entrance leading to the beautifully -landscaped retention basin area is different from most projects, and the project will have a Spanish -type hacienda look as opposed to a Tuscany stone veneer -type look. Council Member Henderson stated she tends to agree the interior of the project should be up to the developer but noted the City looks at the density factors and the inside design to avoid the solid roof -top effect seen in heavily -developed areas She inquired about the average lot size, the depth of the retention basin, and the wrought -iron fencing at the rear of the properties. Mr. Fulman stated the average lot size is 9,100 square feet, which is above the General Plan requirement of 7,200 square feet, and noted they need a certain number of lots to make the project financially feasible. He stated the wrought -iron fencing is intended to capture the greenbelt -type atmosphere and view of the mountains as opposed to a closed -in look of a block wall. 553 City Council Minutes 32 April 18, 2006 Council Member Henderson commented on it being a long time since she has seen a project where the rear yards face each other with a central rear -yard type of feel. Council Member Kirk noted a project along Jefferson Street north of Fred Waring Drive has a similar design. Council Member Henderson asked about the width of the retention basin. Community Development Director Evans stated a 3-1 turfed slope would work. However, a series of small retaining walls or stone rock revetments would create some character, and he noted there will be irrigation and erosion problems without the turf. He stated the Stone Creek development has a series of walking trails that are fairly narrow but they are well - designed. Mr. Fulman stated the width of the retention basin ranges from 60-80 feet. He stated they are changing the retention basin landscaping to reflect the Planning Commission's comments. Council Member Henderson commented on the need to provide an area for children's activities, and suggested clustered areas of turf along with the desertscape. Mr. Fulman agreed with the suggestion. In response to Council Member Kirk, Chris Bergh, civil engineer with MDS Consulting, confirmed the retention basin volume is maxed out according to the calculations. He stated the 3-1 slope takes up about 18 feet on each side, leaving an approximate 22-foot width at the bottom at the narrowest point. Council Member Osborne asked if they were able to come to an agreement with the Lions Gate development on a single wall. Mr. Fulman stated some of the homeowners have already added to the existing wall, and a lot of the wall has aesthetic damage. He stated they have some concerns about adding to an existing six-foot high wall for which there are no plans available. They would prefer adding to the wall but have been told by several structural engineers that they recommend against it because of the wind loads on the wall. Mayor Adolph noted the Council has voiced concerns about having two walls close together because of the chance for children or animals to get between them. However, it's also not acceptable to have the height of a wall extended where there is a difference in the texture or color. City Council Minutes 33 April 18, 2006 Mr. Fulman stated they would assist in matching the two walls, and showed photographs of the Puerta Azul wall that also abuts the Lions Gate perimeter wall on the opposite side. He indicated the distance between the two walls is 6 to 12 inches. Mayor Adolph stated he feels the project should be required to fill the gap with some type of material or put a cap on it to keep anything from getting between the two walls. He feels the project should also be conditioned to assist the homeowners in matching the two walls. He suggested .putting the emergency access on the west side instead of the east side. Mr. Bergh stated they moved it from the west side to the east side and put in a knuckle to accommodate the Planning Commission's aesthetic concerns but are willing to move it back. Frank Gresik, 57-025 Mountain View, President of Lions Gate Homeowners Association, thanked the developer for working with them, and stated he believes construction and maintenance of a secondary wall is the best solution to their privacy concerns. Dennis Lee, 57-895 South Valley Lane, stated his lot abuts this project, and he has concerns about how a double wall will look from his property. He suggested the developer use a new technique with foam to extend the height of the existing wall to six feet high, and stucco their side of the wall for aesthetic purposes. He asked about the side -yard setbacks. Mayor Adolph stated the required minimum setback is five feet, and indicated he isn't sure the foam material could be used to extend the wall. Mr. Fulman referenced a wall at the Andalusia project that has an 18-inch cap made of foam material. Mayor Adolph suggested they discuss it with staff to make sure it is structurally safe. There being no further requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 1 1 :35 p.m. Mr. Jonasson advised the retention basin scales out to approximately 50 feet wide at the narrowest point, which would result at 12 feet at the bottom. The applicant's preliminary review indicates the retention basin will work but the hydrology is still under design. He noted a requirement to maintain 20 feet at the bottom of the basin would result in a loss of retention capacity. 505 City Council Minutes 34 April 18, 2006 Council Member Kirk stated he feels the proposed retention basin is better than the square basin on the corner of Avenue 58. In response to Council Member Kirk, Mr. Fulman stated they eliminated the pedestrian bridge in response to concerns voiced by the Planning Commission regarding east and west access to the retention basin. Mr. Evans stated the Planning Commission was concerned about the lack of midpoint access but did not remove the bridge. Council Member Kirk stated he has concerns about the grade difference between the rear yards and bottom of the retention basin but believes the wrought -iron fencing makes good sense for defensible -space purposes.. He is comfortable the developer will provide great improvements in the design of the retention basin. Council Member Henderson voiced concern about the density, and the staggering lot lines abutting the adjacent developments. She suggested the possibility of realigning the lot lines if the emergency access is moved to the west side. She asked how many lots would be lost if the density is changed to three units per acre. Council Member Osborne responded, 1110 lots." Council Member Henderson questioned that being necessary but stated if two to four units are lost to better align the lots, she feels the neighbors deserve it. She feels two lots to one would be okay. The Mayor declared the PUBLIC HEARING RE -OPENED at 1 1 :44 p.m. Mr. Fulman stated they have considered several site layouts and this is the one that looked the best. He noted moving the emergency access to the west will help some in realigning the lots but they are concerned about losing four lots because of the economic impact. Mayor Adolph noted Mr. Lee would only have two lots abutting his property, instead of three, if the lots are shifted down. Council Member Henderson stated she would still support eliminating four lots. 030 City Council Minutes 35 April 18, 2006 Council Member Sniff stated he feels the emergency access can easily be moved but eliminating lots would require a major reconfiguration. He feels it's a mistake to try to micro -manage the tract. The Mayor declared the PUBLIC HEARING CLOSED at 1 1 :46 p.m. Council Member Osborne suggested letting staff work with the developer on the wall but wants the space between filled if there are two walls. He indicated he also has concerns about the number of lots on the east side, and suggested widening some of the lots to provide more consistency. RESOLUTION NO. 2006-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2005-557 PREPARED FOR TENTATIVE TRACT MAP 34243 (INNOVATIVE COMMUNITIES — MASQUE DEVELOPMENT, LLC). It was moved by Council Members Sniff/Osborne to adopt Resolution No. 2006-039 as submitted. Motion carried unanimously. RESOLUTION NO. 2006-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF 20 ACRES INTO 7-9 66 RESIDENTIAL LOTS AND MISCELLANEOUS LOTS (TENTATIVE TRACT MAP 34243 - INNOVATIVE COMMUNITIES). It was moved by Council Members Henderson/Osborne to adopt Resolution No. 2006-040 as amended (eliminating 4 lots; addressing the wall issue as discussed; and moving the emergency access to the west side if possible). Council Member Sniff noted reducing it to 66 lots places a burden on the developer to reconfigure the entire project, and questioned it having significant realistic and functional value. He likes the project but . will not support the motion because he sees no justification to eliminate four lots. Mayor Adolph stated he feels any reduction in the number of lots should have been done at the Planning Commission hearing, and noted 9,100 square foot lots are not small lots and they fit within the low -density range. He would like to see lower density but doesn't feel the elimination of four lots is not going to accomplish it. He stated he would not support the motion. JJ t City Council Minutes 36 April 18, 2006 Council Member Kirk stated he supports the motion, and believes the Lions Gate homeowners have been extremely polite about two or three homes abutting their properties 20 feet from the wall. He feels a modest reduction of four lots makes good planning sense from a compatibility standpoint. Given the problem with the retention basin, he feels there could be a potential argument for reduced density because of percolation rates in the project to make the basin a more amiable feature. Motion carried with Mayor Adolph and Council Member Sniff voting NO. 4. NG TO CONSIDER ADOPTION OF A RESOLUTION OF THE \RCT UNCIL CERTIFYING A MITIGATED NEGATIVE DECLARATION OF MENTAL ASSESSMENT 2005-546 AND APPROVING TENTATIVE AP 33801, THE SUBDIVISION OF 2.58 ± ACRES INTO EIGHT AMILY LOTS AND LETTERED LOTS LOCATED ON THE WEST SIDE SON STREET, 500± FEET NORTH OF AVENUE 60.APPLICANT: MPER. Planning Maager Johnson presented the staff report. a� In response to' Council Member Henderson, Mr. Johnson explained the purpose for puttin in a multi -purpose trail along the frontage of this property is to connect the e estrian use with the equestrian trail along Avenue 60 to the south. Communi Development Director Evans added an equestrian -use property owner has recluested the connection, and the Planning Commission left it open for staff to d ermine because the property owner may leave and no longer need the access.", Mayor Adolph asked if a sidealk is proposed along with the multi -purpose trail, and questioned the need f6f both. Mr. Johnson stated the multi-purpse trail could be a moot point, depending on the property owner to the southbut both are included in the proposal at this time.; Council Member Henderson commented the doubts the property owner who already has his property graded will voluAla rily put in a multi -purpose trail and sidewalk. She doesn't feel both are nee ed. In response to Council Member Kirk, Mr. John n stated an effort has been made to coordinate a layout with eight parce to the north. However, several property owners are involved with those p cels, and they are having :- 8 ATTACHMENT #2 2. CONSIDERATION OF COUNCIL MEMBER OSBORNE'S REQUEST FOR RECONSIDERATION OF A PUBLIC HEARING TO CONSIDER RESOLUTIONS CERTIFYING ENVIRONMENTAL ASSESSMENT 2005-557 AND APPROVING TENTATIVE TRACT MAP 34243, THE SUBDIVISION OF 20 ± ACRES INTO 70 SINGLE FAMILY LOTS LOCATED ON THE NORTH SIDE OF AVENUE 58, 1000 ± FEET WEST OF MADISON STREET. Community Development Director Evans presented the staff report. Council Member Osborne stated he requested reconsideration of this item because he feels the reduced number of lots creates a substantial economic problem for the developer. He believes the applicant's proposed number of lots will work, and is more concerned about Council creating a better vision for this area as opposed to generic zoning of 2-4 units per acre. Council Member Sniff stated he supports the reconsideration. He feels the arbitrary change was not fair to the developer who planned a project based on the City's zoning regulations. Council Member Henderson stated she doesn't support the reconsideration. She feels Council has the right to look at the zoning of projects, and noted the regulations allow "up to" 4 units per acre, not an entitlement to the full amount. She voiced concern that reopening this project might give the Blake Jumper project the right to also expect reconsideration since one lot was eliminated from their tract. She believes this project will work as approved and not go away because it lost four units. In response to Council Member Kirk, City Attorney Jenson advised a motion to reconsider would essentially undo the prior approval, and allow changing of the conditions of approval. Council Member Kirk stated he agrees Council has discretion but he is also sensitive to the need to be fair to developers. He questioned developers expecting approval of maximum density, and noted this developer didn't request the maximum. He stated his support for reconsideration should not be considered potential support of higher densities because he feels Council should be tough on higher densities in the southeast portion of the City. Should this item come back for reconsideration, he would like Council to address a remark made after the last Council meeting regarding densities being even lower for an applicant's project west of the Lions Gate development. He noted the reconsideration should be properly noticed so the neighboring property owners, who may think this issue was settled, are aware of the reconsideration. Mayor Adolph stated he supports low density but not making zone changes after developers have gone through the Architecture & Landscaping Review Committee, and the Planning Commission. He wouldn't have a problem denying requests if the developers are aware upfront about Council's desire for lower densities in this area. MOTION — It was moved by Council Members Sniff/Kirk to reconsider the motion approving Innovative Communities' subdivision with 66 lots (Resolution No. 2006-040), and direct staff to agendize the issue for the May 16, 2006 City Council meeting. Motion carried unanimously. 0O HLL QUPY • • ATTACHMENT 3 RESOLUTION NO. 2006-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED. NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2005-557 PREPARED FOR TENTATIVE TRACT MAP 34243 ENVIRONMENTAL ASSESSMENT 2005-557 INNOVATIVE COMMUNITIES (FOR MASQUE DEVELOPMENT, LLC) WHEREAS, the City Council of the City of La Quinta, California; did, on the 18t' day of April, 2006, hold a duly noticed Public Hearing to consider the request of Innovative Communities for Environmental Assessment 2005-557 prepared for Tentative Tract 34243 located on the north side of Avenue 58, 1,000 feet west of Madison Street more particularly described -as: APN: 762-240-014 WHEREAS, said Environmental Assessment has complied with 'the _ requirements of "The Rules to Implement the California Environmental. Quality Act of 1970" as amended (Resolution 83-63). The Community Development Director has determined that the project will not have a significant adverse impact on the environment and therefore, is. recommending that this Mitigated Negative Declaration of environmental impact be certified. A Notice of Intent to Adopt a Mitigated Negative Declaration has been posted with the Riverside County Recorder's office as required by Section 15072 of the California Environmental Quality Act (CEQA) statutes; and WHEREAS, .upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify certification of said Environmental Assessment: 1. The proposed applications will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 2005-557. 2. The proposed project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate - a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. Resolution No. 2006-039 Environmental Assessment 2005-557 Innovative Communities Adopted: April 18, 2006 Page 2 3. There is no evidence before the .City .that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. 4. The proposed project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Environmental Assessment. 5. The proposed project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project. 6. The proposed project will not have 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. 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment. 8. The Planning Commission has considered Environmental Assessment 2005-557 and said Assessment reflects the independent judgment of the City. 9. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 10. The location and custodian of the City's records relating to this project is the Community Development Department. located at 78-495 Calle Tampico, La Quinta, California. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council for this Environmental Assessment. Resolution No. 2006-039 Environmental Assessment 2005-557 .Innovative Communities Adopted: April 18, 2006 Pag*o 3 2. That it does hereby certify Environmental Assessment 2005-557 for the. reasons set forth in this Resolution and as stated - in the. Environmental Assessment Checklist and. Mitigation Monitoring Program., .. attached and on file in the Community Development -Department. 3. That Environmental Assessment 2005-557 reflects the independent'judgment of the City. PASSED, APPROVED, and ADOPTED at a regular meeting,o.f the La Quinta City Council held on this 18 th day of April, 2006, by the following vote, to wit:, AYES: Council Members. Henderson, Kirk, Osborne,., Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None %J DON ADOLPH, Mayor City of La Quinta California ATTEST: JUNEEK, MMC, City Clerk City of La Quinta, California (CITY SEAL) 1 563 • • Resolution No. 2006-039 Environmental Assessment 2005-557 Innovative Communities Adopted: April 18, 2006 Page 4 APPROVED AS TO FORM: K K THE NE JENSON . ra ttorney City of La Quinta" Califor City Council Resolution 2006-03 - ironmental Checklist Form — EA 2(0557 1. Project title: Tentative Tract Map 34243 2. Lead agency name and address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact person and phone number: Stan Sawa 760-777-7125 4. Project location: North side of Avenue 58, approximately 660 feet west of Madison Street, APN 762-240-014 5. Project sponsor's name and address: Innovative Communities 200 E. Washington Street, Suite 100 Escondido, CA 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 proposed subdivision of a 20A acre parcel -into 70 single family lots, as well as lots for streets, open space and retention basin.. The proposed lots will be an average of 9,100 square feet, with the smallest lot being 8,627 square feet, and the largest being 15,888 square feet. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North: Single family attached and detached development, (Low Density and Medium Density Residential) South: Avenue 58, vacant desert lands (Medium Density Residential, Golf Course Open Space) East: Single family residential (Low Density Residential) West: Single family residential (Low Density Residential) 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District -1- 55 City Council Resolution 2006- W • 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. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on 'the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable .standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. J�f ;�, CitJl/, March 16, 2006 Signature Date 9041 City Council Resolution 2006-0 EVALUATION OF ENVIWNMENTAL IMPACTS: • i) 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 offsite 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 iI.mpact 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 1 required. . 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect frorn "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVH, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other. CEQA -- process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a.reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 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 City Council Resolution 2006 *0� • Potentially Less.Than Less Than No Significant Significant w1 Significant Impact Impact Mitigation Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a X scenic vista? (La Quinta General Plan Exhibit 3.6 "Image Corridors") .b) Substantially damage scenic resources, X. including, but not limited to, trees, rock, outcroppings, and historic buildings withina state scenic highway? (Aerial photograph; Site Inspection) 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 light or glare which would adversely X affect day or nighttime views in the area? (Application materials) I. a)-c) The proposed Tract Map would ultimately result in the construction of 70 single family homes on lots of at least 8;627 square feet. Homes will be limited to one and two stories, as required in the Zoning Ordinance. This is consistent with the development within PGA West and Puerta Azul to the north, and approved Specific Plan housing to the south (Coral Mountain Specific Plan). The site is flat, and is surrounded by similarly flat lands. Views of the Santa Rosa Mountains to the south and west will not be significantly blocked by single family home development. Impacts are expected to be less than significant. This portion of Avenue 58 is not designated an Image Corridor in the City's General Plan. There are no significant trees, rock outcroppings or historic structures on the site. d) Single family home development will increase Tight in the area, since the site is currently vacant. Impacts will be those associated with landscape lighting .and car headlights. The City regulates lighting and prohibits spill over onto adjacent properties. Car headlights will be a temporary and sporadic intrusion. Neither impact is expected to be significant. -4- City Council Resolution 2006-00 • Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact II. AGRICULTURE RESOURCES: Would the ro' ect: a) Convert Prune Farmland, Unique 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. I1I-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 X environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (General Plan Land Use Map; Site Inspection) II. a)-c) The project site is not in agriculture. Lands surrounding the site are developed in single family residential land uses. Lands to the south are vacant, but are not. in agriculture. There are no Williamson Act contracts on the property. The proposed. project site and surrounding lands are designated for urban development, and have been so for some time. No impacts to agriculture are expected. -5- 569 City Council Resolution 2006-0 • 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) b) Violate any air quality standard or contribute substantially to an existing or X 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 PM 10 Plan for the Coachella Valley) d) Expose sensitive receptors to X substantial pollutant concentrations? (Project Description, .Aerial Photo) e) Create objectionable odors affecting a X substantial number of people? (Project Description, Aerial Photo) III. a)- e) The South Coast Air Quality Management District (SCAQMD) is responsible for the monitoring of air quality in the City, and the implementation of air quality management plans. The development of air quality plans by the SCAQMD was based on the City's General Plan land uses and mapping. Therefore, the proposed project is expected to be consistent with these plans. Development of the site will result in both temporary (construction) impacts, and long term (operational) impacts to air quality. Each of these issue areas is addressed below. Construction impacts will be those associated with PM 10, or fugitive dust, and grading equipment. Assuming a mass grading condition, the proposed project can be expected to generate up to 530.6 pounds of fugitive dust per day during grading activities. This exceeds the SCAQMD thresholds of significance of 150 pounds per day. The proposed project will be required to implement a PM10 management plan, which will include "Best Control Measures" established in the 2002 PM 10 Management Plan for the Coachella Valley. These include: City Council Resolution 2006- CONTRO MEASURE TITLE & CONTROL METHOD BCM-1 'Further Control of Emissions from Construction Activities: Watering, — chemical stabilization, wind fencing, revegetation, track -out control. BCM-2 Disturbed Vacant .Lands: Chemical stabilization, wind fencing, access restriction, revegetation BCM-3 Unpaved Roads 'and Unpaved Parking Lots: Paving, chemical stabilization, access restriction, revegetation BCM-4 Paved Road Dust: ' Minimal track -out, stabilization of unpaved road shoulders, clean streets maintenance These measures will reduce impacts associated with PM 10 generation at the site to less than significant levels. The equipment likely to be required to grade the property has been estimated in the table below. The resulting potential vehicular emissions from construction equipment is also shown. Table 1 Grading lquipment Emissions- Diesel powered (pounds per day) Equipment Pieces hrs/day CO ROC Nox Sox PMto Fork Lift - 50 hp 0 8 - - - - - Fork Lift - 175 hp 0 8 - - - - - Trucks - Off -Highway 0 8 - - - - - Tracked Loader 0 8 - - - - - Tracked Tractor 0 8 - - - - - Scraper 1 8 10.00 2.16 30.72 3,68 3.28 Wheeled Dozer 0 8 - - - - - Wheeled Loader 0 8 - - - - - Wheeled Tractor 1 8 28.64 1.44 10.16 0.72 1.12 Roller 0 8 - - - - - Motor Grader 3 8 3.62 0.94 17.11 2.06 1.46 Miscellaneous . 1 8 5.40 1.20 13.60 1.14 1.12 Total: 47.66 5.74 71.59 7.61 6.98 SCAQMD Thresholds of Significance 550.00 75.00 100.00 150.00 150.00 As demonstrated in the Table, emissions from equipment used during the grading process are expected to be less than significant. Operational impacts will be those associated with vehicle trips to and from the site. Table 2 demonstrates the long term emissions, based on an average of 670 daily tripsl. "Trip Generation, Vh Edition," prepared by the Institute of Traffic Engineers, for category 210, single family detached. -'- 571 City Council Resolution 2006-0 TWO 2 Moving Exhaust Emission Projections at Project Build out (hounds her dav) Ave. Trip Total Total No. Vehicle Trips/Day Length (miles) miles/day 670 x 15 10205.0 PMIO PMI0 PMIo Pollutant ROC CO NOX Exhaust Tire Wear Brake Wear Pounds at 50 mph 2.00 51.91 10.65 - 0.22 0.22 SCAQMD Thresholds of Significance 550.00 75.00 100.00 150M As shown in the Table, the proposed project is not expected to exceed thresholds of significance associated with long term air emissions. The development of a single family subdivision is not expected to. create objectionable odors. -8- City Council Resolution 2006-0 • Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would the ro' ect: 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 (Biological Resources Assessment, AMEC 6/05) 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? (Biological Resources Assessment, AMEC 6/05) 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? (Biological Resources Assessment, AMEC 6/05) d) Interfere substantially with the X movement of any native resident or migratory fish or wildlife, species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (General Plan MEA, p. 78 ff.) e) Conflict with any local policies or X ordinances. protecting biological resources, such as a tree preservation policy or ordinance? (General Plan MEA, p..73 ff.) f) Conflict with the provisions of an X adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (Biological Resources Assessment, AMEC 6/05) -9- 573 City Council Resolution 2006-00 • IV. a)-f) A biological resource study was prepared for the proposed projectz. The study included both records searches and on site investigation. The survey found that :the site consists primarily of non-native grasses, with some native vegetation sparsely occurring on the site. No species of concern were found on the site, and none are expected to occur, due to the lack of native habitat. The study concluded that the potential f6r impacts to biological resources on the site is less than significant. No riparian areas or wetlands were identified on the property. The study further found that the build out of the site will not conflict with any City preservation ordinances, or with the implementation of either the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan or the Multiple Species Habitat Conservation Plan. Overall impacts associated with biological resources are. expected Ao .be less than significant. 1 ' 2 "APN 762-240-014 Biological Resources Assessment," prepared by AMEC Earth and Environmental, June 2005. -10- 574 City Council Resolution 2006-016 r1 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? (Historical/Archaeological Report, CRM Tech 5/05) X b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to ' 15064.5? (Historical/Archaeological Report, CRM Tech 5105) c) Directly or indirectly destroy a unique X. paleontological resource or site or unique geologic feature? (General Plan MEA p. 88 ff.) d) Disturb any human remains, including X those interred outside of formal cemeteries? (Historical/Archaeological Report, CRM Tech 5105) — V.a)-d) A cultural resource survey was conducted. on the proposed project site3. The study included both records searches and on site investigation. The study found no surface evidence of cultural resources, and no historic resources on the property. The City requires, however, that projects include on -site monitoring during grading and trenching activities, due to the high probability of occurrence of resources in the City. Monitors shall include a Ramona Band of Cahuilla Indians designee. The proposed project has been required to comply with this policy by the Historic Preservation Committee (HPC). This monitoring will assure that impacts to cultural resources are reduced to less than significant levels. The proposed tract occurs within the ancient Lake Cahuilla lakebed. A paleontological survey was prepared for the proposed projece. The survey found shell fragments on the project site during the on site survey. In its consideration of the project, the HPC required the monitoring of grading and trenching activities. This requirement will assure that potential impacts associated with paleontological resources are reduced to less than significant levels. Overall impacts to cultural resources are expected to be less than significant. 3 "Historical/Archaeological Resources Survey Report Assessor's Parcel No. 762-240-014," prepared by CRM Tech, May 2005. 4 "Paleontological Resources Assessment Report Tentative Tract Map No. 33085," prepared by CRM Tech. -11- 575 City Council Resolution 2006-0 • 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 MEA Exhibit 6.2) ii) Strong seismic ground shaking? X (General Plan MEA Exhibit 6.2) iii) Seismic -related ground failure, X including liquefaction? (General Plan MEA Exhibit 6.3) iv) Landslides? (General Plan MEA Exhibit X 6.4) b) Result in substantial soil erosion or X the loss of topsoil? (General Plan MEA Exhibit 6.5) c) 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 MEA Exhibit 6.1) d) Have soils incapable of adequately X supporting the use of septic tanks or alternative waste water disposalsystems where sewers are not available for the disposal of waste water? (General Plan Exhibit 8.1) VI. a)-d) A geotechnical investigation was undertaken for the project sites. The study found that the site is not located in an Alquist-Priolo Earthquake Fault Zone. The area is seismically active, however, and the City requires implementation of the Uniform 5 "Geotechnical Engineering Report Proposed 20-Acre Residential Development," prepared by Earth Systems Southwest, May 2005. -12- City Council Resolution 2006=0 Building standards required for active seism areas, to assure that impacts associated with ground shaking are reduced to less than significant levels. The soil did not encounter groundwater in borings, and although historic data indicates a high groundwater level in this area, the study concluded that development, water pumping and the evidence provided in the soil borings, lead to a conclusion that liquefaction hazards.on the site are very low. The project site and surrounding areas are relatively flat. No .hillsides occur in the vicinity. The potential for landslides is therefore non-existent. Soils in the City are not expansive. The proposed project will be required to connect to sanitary sewer, and no septic systems will be installed. Impacts associated with geology and soils will be less than significant. r7 -13- City Council Resolution 2006-0 40 • 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 f) 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? (Application materials) 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? (Application materials) 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 physically X interfere with an adopted emergency response plan or emergency evacuation plan? (General Plan MEA p. 95 fi) h) Expose people or structures to a X significant risk of Joss, injury or death -14- r l City C rnmcil Resnintion 2006-(Ah involving wildland-fires, Imuding where wildlands are adjacent to urbanized areas . or where residences are intermixed with wildlands? (General Plan land use map) VII. a)-h) An Environmental Site Assessment (ESA), and Additional Investigation, were prepared for the proposed projece. The ESA. found piles of stained dirt on the south and west - boundaries warranting further investigation; that the site had been in agriculture in the past, and that pesticides, including DDT could be present; and that potential existing for underground fuel tank(s) on the property. In*order'to ascertain the potential impacts, additional investigations were conducted. The results of the site testing which was part of these investigations were that no significant amounts of hazardous 'materials were in the. piles of soil; that levels .of pesticides on the site. were not above reporting limits;. and that no underground tanks were identified on the site. The studies conclude that impacts associated with hazardous materials on the site are less than significant. The proposed project will generate waste from household: cleaners and similar products in small quantities. These wastes .will be' disposed of through the: City's franchise waste collection, Waste Management, which operates .a household hazardous waste program in the City and region. Impacts associated with hazardous. materials in the project are expected to be less than significant. The site is not identified in regional, state and federal databases as being the location of contamination. The site does not occur in an influence area for an airport or airstrip. There are no wildlands. located adjacent or near the project site. 6 "Report of Phase I Environmental Site Assessment," and "Report of Additional Investigations," both prepared by Earth Systems Southwest, April 2005 and June 2005, respectively. � g -15- J City Council Resolution 2006-0 6, • Potentially Less Than Less. Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER QUALITY -- Would the projeet: a) Violate any water quality standards or X waste discharge requirements? (General Plan EIR p. III-187.ff.) �) 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 -drainage X 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? (Preliminary Hydrology Study, P&D Consultants, 1 /06) d) Substantially alter the existing drainage X 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?. (Preliminary Hydrology Study, P&D Consultants,; 1 /06) e) Create or contribute runoff water which X would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (Preliminary Hydrology Study, P&D Consultants, 1 /06) f) Place housing within a I00-year flood X hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Preliminary Hydrology Study, P&D Consultants, 1 /06) ram:4...14,.1 WMA-(1Aft AM g) Place within a 100-yeaWood hazard X area structures which would impede or redirect flood flows? (Preliminary Hydrology Study, P&D Consultants, 1 /06) VIII. a)-g) Residential development on the project site is not expected to violate.any water quality standards or waste discharge requirements. Coachella Valley. Water. District (CVWD) will provide domestic water to the site for domestic and landscaping uses. CVWD's Urban 'Water Management Plan identifies sufficient water. supplies, now and in the future, to serve its service area. The City also implements water conservation through landscaping irrigation controls and installation of efficient fixtures. Impacts associated with groundwater are expected to be less than significant. A preliminary drainage study was prepared for the proposed'proje6t7.. The study found that the site drains traditionally from the northwest to the southeast. The study found that during the 100 year storm event, the site will generate 103;700 cubic feet of water which must be retained on site. The site plan includes a central retention basin, which has been sized to accommodate up to 178,8,00 cubic feet of water, in excess of the 1.00 year storm generation on the site. The retention basin is therefore sufficient to control the 100 year storm on site, as required by City standards.. The City . Engineer will continue to review the hydrology analysis through final design, to assure that capacity is sufficient in the basin. In compliance with the National Pollution Discharge Elimination. System (NPDES) - — City requires the implementation of best management practices during construction to assure that water erosion does not contaminate surface water. These requirements will reduce potential impacts associated with erosion of soils to less than significant levels. The property is not located within a 100 year flood plain, as mapped by FEMA. 7 "Preliminary Drainage Report for Tentative Tract 34243," prepared by MDS Consulting, October 2005. -17- City Council Resolution 2006-0 • 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 Exhibit 2.1) c) Conflict with any applicable habitat X conservation plan or natural community conservation plan`? General Plan MEA p. 74 TX. a)-c) The proposed project site contains one unoccupied single family residence. Construction of the homes will not divide an established community. The project is consistent with the land use designation assigned to the property in the General Plan, and will be constructed in conformance with the City's Zoning Ordinance. The project will be required to conform to. any habitat conservation plan in effect at the time of development. No impacts are expected to land use and planning. -18- City Council Resolution 2006-010 • 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. 7 t ff.) X. a) & b) The site is located in an area of the City designated Mineral Resource Zone MRZ-1, which indicates that no resources occur. There will be no impact to mineral resources as a result of the proposed project. -19- City Council Resolution 2006-0 • Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. NOISE Would the project result in: a) Exposure of persons to or generation X of noise levels in excess of standards established in -the local general plan or noise ordinance, or applicable standards of other agencies? (General Plan MEA p. 111 ff.) b) Exposure of persons to or generation X of excessive groundborne vibration or groundborne noise levels? (General Plan MEA P..111 ff.) c) A substantial permanent increase in - X ambient noise levels in the project vicinity above levels existing without the project? (General Plan MEA p. 11 i 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) A noise study was prepared for the proposed project$. The study identified current and projected noise levels in the area of the proposed project, and found that exterior noise levels at lots 15 66 through 70; inclusive, would exceed City standards at General Plan build out. These lots are located adjacent to Avenue 58, and will have back yards adjacent to that roadway. The exterior noise levels, without mitigation, are expected to 8 "La Quinta Residential development Preliminary Noise Study," prepared by Urban Crossroads, July 2005. , -20-' City Council Resolution 2006-0 be aPP rox' ly 72.3 dBA CNEL on these lots. Tra generated in. this area will be the primary source of future noise. In addition, the study found that in order to provide interior noise levels which meet City standards on these lots, mechanical ventilation must :.be provided, to allow a "windows closed" condition. Because noise standards will be.exceeded,'this represents a potentially significant impact which requires mitigation, as follows: 1. The applicant shall construct a 6 foot wall on top of a one foot berm. on the southern and western boundary of lot 1. The wall shall be complete prior to occupancy of the house on this lot. 2. The applicant shall construct a 6 foot wall on top of a one foot berm on the southern boundary of lots70 .and 69. The wall shall be complete prior Aooccupancy of the houses on these lots. 3. The applicant shall construct a 6 foot wall on top of a 1.5 foot berm on the southern boundary of lots 67 and 68. The wall shall be complete prior. to occupancy of the house on this .lot. 4. The applicant shall construct. a 6 foot wall on top of a 1:5. foot.,berm on the southern and eastern boundary of lot 66. The wall shall. be complete prior to occupancy of the house on this lot. 5. Mechanical ventilation shall be provided to the homes constructed on lots 1, 66 through 70, inclusive. Noise will also be generated on the site during construction. Sensitive receptors are located to the north, west and east of the site. These homes could be impacted by noise levels generated by project construction. Walls currently occur on the property lines of these tracts, which will help to lower the noise levels generated on the site. Further, the noise during construction will be temporaryand periodic, and primarily associated with grading. In order to assure that construction impacts. are reduced to the greatest extent possible, the following mitigation measures shall be implemented: 6. Construction activities shall be limited to those hours prescribed in the La Quinta Municipal Code. 7. All construction vehicles and equipment shall be mufflered and kept in good operating condition. 8. All. equipment and. materials storage areas shall be located in the south central portion of the site, as far from existing homes as possible. The property is not located within the'influence area of an airport or airstrip. With the implementation of the mitigation measures listed above, the impacts associated with noise on and from the project site will be less.than significant. -21- City.Council Resolution 2006-0 • 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)-e) The proposed project consists of the construction of 70 single family homes. The homes will be absorbed- into the market based on normal population growth in the City. The project will not induce substantial population growth. The site is currently the location of an unoccupied single family home. The development of the site will therefore not displace any people or housing. Impacts associated with population and housing are expected to be insignificant. -22- City Council Resolution 2006-0* • Potentially Less Than Less Than No Significant Significant wl 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: X Fire protection? (General Plan MEA, p. 57) X Police protection.? (General Plan MEA, p. 57) X Schools? (General Plan MEA, p. 52 ff.) Parks? (General Plan; Recreation and Parks X Master Plan) X Other public facilities? (General Plan MEA, p. 46 ff.) XIII, a) The ultimate construction of 70 single family homes on the project site will have less than significant impacts on public services. The project will be required to contribute the required development impact fees, which include police and fire service facilities improvements, as well as park maintenance. In addition, the property tax and sales tax generated from the homes and residents, respectively, of the proposed project will help to offset costs associated with the provision of public safety services. The proposed project will also be required to contribute Quimby fees for the purchase of park lands in the City. The project proponent will be required to pay the school fees in place at the time of development to mitigate potential impacts to schools. -23- City Council Resolution 2006-0 Potentially. Less Than. Less Than. No Significant Significant .w/. Significant Impact Impact Mitigation Impact XIV. RECREATION -- X a) Would the project increase the 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; General Plan Exhibit 5.1)_ X b) Does the project include 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 project proponent will be required contribute Quimby and development impact fees to mitigate for potential impacts associated with parks and recreation. No impacts are expected. 6 -24- 7 City Council Resolution 2006-00 XV: TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic 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 cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (General Plan EM p. III-29 ff.) c) Result in a change in air traffic 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 design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (TTM 34243). e) Result in inadequate emergency access? .(TTM 34243) f) Result in inadequate parking capacity? (TTM 34243) g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description; MEA Exhibit 3.10: Potentially Significant Impact. Less Than. Significant w/ Mitigation Less Than Significant Impact No Impact X X X X X X i X XV. a)-g) The proposed project will generate approximately 670 average daily trips.. The project is consistent with the land use designation applied to the parcel in the General Plan. The General Plan EIR, therefore, considered the density of the proposed project in its traffic analysis. The roadways surrounding the proposed project were found to operate at acceptable levels at General Plan build out, and this project is not anticipated to alter that condition. -25- City Council Resolution 2006-0 The propos roject will include a single access. p9 on. Avenue 58, which will be improved to City standards to assure traffic safety. A secondary access is provided for emergency vehicles to the east of the primary access. The City Engineer will continue to review the project to assure that the interior design of streets provides for efficient and safe circulation, within City standards. The proposedproject will be required to meet the City's parking requirements. The proposed project will have no impact on transit facilities. Overall impacts associated with traffic and circulation are expected to be less than significant. r r -26- City Council Resolution 2006-040 Cl 11 Potentially Less Than Less Than Significant Significant w/ Significant No 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 WA, p. 58 ff) b) Require or result in the construction of q 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 wire 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 that 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.) 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.) 1 with federal, state, and local g)C Comply X statutes and regulations related to solid waste? (General Plan MEA, p. 58 ff.) XVl, a -g) The project is served by CVWD for water and wastewater treatment. The District has designations. This developed plans for service based on General Plan land use project -27- r 9 1 City Council Resolution 2006-0 is consisten6th the land use designation on the r .Therefore gn prty. , the Pro.l ect will not generate a need for additional facilities. The City will require that the project retain the 100 year storm on site, to limit the potential impacts to the City's streets during a storm event. Waste Management of the Desert is the City's franchisee. for solid waste. Waste disposal occurs at several regional landfills which have capacity to serve the proposed project. . All utility providers structure connection and service fees .to .include expansion of services as growth occurs. The proposed project, and future residents, will be required to pay these connection and service fees, to offset the cost of service. Overall impacts associated with utilities are expected to be insignificant. City Council Resolution 2006-0 S Potentially Less Than Less Than No Significant Significant w/ Significent 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? c 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)? d) Does the project have environmental X effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. a) Impacts acts associated with biological and cultural resources were found to be less than P significant, due to the conditions of approval and City standards imposed on the proposed project. proposed XVII. b) The ro osed project is consistent with the City General Plan, and will not affect the City's General Plan goals. XVII. c) The project's density was considered in the General Plan EIR. Cumulative impacts are expected to be consistent with those identified in that document. XVII. d) The proposed project will have impacts on human beings from noise generation: T he mitigation measures required in this Initial Study, however, assure that impacts will he reduced to less than significant levels. _29_ 5, 9 3 City Council Resolution 2006-0 XVIH.. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where .they are available for review. Not. applicable. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on. the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extentto which they address site -specific conditions for the project. Not applicable. -30- r 0 'd 0 3 a� d, 0 o o � N > O O 'd IZZ a H a �OV o M 7 y o � U O O N r-r .. 0z V Z „ A V W W • V' A Z w� W U pa C�7 a � U A � C � � 0 p •p p O Z U U U U �a OW V V Cd fil QI U U U U U O O O O O O O O O V U U �7 O O o 0 0 •� .� •o .o o .p •o Ha �O O z0 0 O W C C w Cd zp- V 0 z W A bo to Qw an 00 aU r � � ~ ~ U oc E� o t- 4-1 .° Z O �p O a O Cd cn p,,, ��•� Qj G O C o U a C s O . r .. O Ud 0 O U G, > ... O yam,, U r-• p LI) �. 3 3 3 5 3 v- . 5 i ce -� a a. o o a� p v] z b 3 o c 0 c 0 •>1�0 > U o U o U o U o �o Q. ►-a d W E-+ W Q 0 W >. Z co cl Q L. J Y a. 2w O= UU d o � ° U U N a a. � ao o � 0 U ' U y •�, to c3 co � cz GA U G� �b �b � a cCd a� o � zO a Z E O a a U Q U Q oco 0 C4.. °CP) > o- , .oZ vNi r-r EnczH c U O O � �, cn O O O t3.4-1 CO p 0 U CIS C q' Q U.0 �O U � U .� Gq Q t. `*O V �1 CO > '..� O C . on �''i C ° 2 G. � C C CA > 'i O C • ., ° .... 0 ° U V� P4 = " c� cUd �., ....4 Q C cd C C p , cad U O cz . U Gq O -r5 E 4; U cd cct co p, U bA O E U '� ..0 Q V) 't7 GU .._' O O �j'�U U >•� �U 'd cdCa.0 En U avi o O o a aCi U U o r o r_, 9 ATTAfp%uKArKlT r% Il ■ ■ / �V■ ■■��`■ ■ v IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TENTATIVE TRACT MAP NO. 34243(REVISED: 3/03/06) PORTION OF THE S 1/2, S 1/2, SEC. 21, T.6S., R.7E., S.B.M. -- LAVENUE 72 0 THE HIUEAWPY r. 4 � Iw AVENUE 54 _ — — -----T — — — 45 49 48 47 \ TRAtCal NO. 2 603 1 .-•Frm ' "TRACT NO. 30096-2 NAB Y79/3 -37 U1° A'g-;7 fPA>-a(u(Pr,-•n 1) IPPa.•mp / LO' LOT A sEASEMENT 32 A AVENIX d 4(PUBLIC STREET) — r 1 4 26 fi , I, 51 (M2 7s em 11 x �e 3 4 « t;aada e e4s� s�(.E— "Y7 . 11 50 61 4 au_ ile A:. EIa9M omrr mmur a u. s 'as•., •c (B ur To ! N10GRD a 7 14 L 5428 IwM1 v rvw-«el 22 �., - 1 x i 29 ba A ? •60.9 IIOY 23 - # (Pn••a4 T1 i� t aae�26) .— 46 57 25 aa] 1 1_ so o f e,ue I n,r _ o .i �Y ... 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Nlrt 6 tl SECTION A -A SECTION B-B SECTION C-C SECTION D-D SECTION E-E 3T NTERIOR _STREET (PRNATE STREET) NIS. 29' NJTERIOR-$TRE:ET (PRNANE STREET) is mT r l � vo�wmr' SECTION F-F L�s�+l. oescRlP� M LAtT MNf b' M EPS NYF R M Sna,M6, bXl,lFr K M lThPMr.T OPPIlA M1 ffClOe x+. OrRw I SOIW+IO(.r ." x FAT, NO M rn rwI p AES lexl O M lblbN4 mII1FA4 a(IPelu b 5[Clrl x(bP � e saun< rxrs x usT. sr m(wAOPo eaF .o �aovF rc rrvw b r:FrsoF mum'. bxroXr. A�g80R'9 PARc� I�a�s#Faa Tex :an o,. z m P SOOnw)) wOPirrn m Ii- o�ERmr PE_snb,rvAl 00KA& P_Lm uwro�osrn - ,a0 I a. sm eFSOOnu1 AGWAGE LQT APO LAP_ USE _,$SA(/AWY =PKF0 32 K x OR Y aPAGF/BETE 0— n�i' ,n1s u1»el �o ,IFS, - lava SP. Ell to - mx s r AVCPMZ LOf .I �TFa1g wTfR f.OYvrl4 V wT[N baTPA'1 Sf`rtP VPII[Y wTEP C61111C1 mF PPORF Hlaifiureera Cu COUPPxm FLF � �rOMfAl10X b61X[i me M1¢ P QWWRjPEVELQK8 G INNOVATIVE)+� F` N COMMUNITIES` 200 E WASHINGTON STREET (780) 584-8555 SUITE 100 FAX (700) 584--8505 EESCCOONNDDIID�O. •CA � .Os mx>tx(rc y`'}g fp j u �,ArEier xanllUR 10e . • O X v,Po TMrr,.•a) • O X O aT P L A N IN l A-8 I — N o 1 N I 111 lt U 11 V l r O F1 I t -- 9FEET 1 OF 1 O1E. e�••e,e�PXFw�m �-,o-ae W ESTABLISHED IN 1918 AS A PUBLIC A( ATTACHMENT #7 COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX 1058 • COACHELLA, CALIFORNIA 92236 • TELEPHONE (760) 398-2651 • FAX (760) 398-3711 DIRECTORS: OFFICERS: JOHN W_ WADDEN, PRESIDENT STEVEN B. ROBBINS, PETER NELSON, VICE PRESIDEN7 GENERAL MANAGER -CHIEF ENGINEER TELLIS CODEKAS MARK BEUHLER, RUSSELL KITAHARA ASST. GENERAL MANAGER PATRICIA A. LARSON JULIA FERNANDEZ, SECRETARY Planning Commission City of La Quinta Post Office Box 1.504 La Quinta, CA 92253 Gentlemen: November 21 20005 DAN PARKS, ASST. TO GENERAL MANAGER REDWINE AND SHERRILL, ATTORNEYS File: 0163.1 NOV FR ::�" 02 3 0 2005 D CITY OF LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT Subject: Environmental Assessment 2004-557 and Tentative Tract Map 34243 This area is protected from regional stormwater flows by a system of channels and dikes, and may be considered safe from regional stormwater flows except in rare instances. This area is designated Zone X on Federal Flood Insurance rate maps which are in effect at this time by the Federal Emergency Management Agency. Since the stormwater issues of this development are local drainage, the District does not need to review drainage design further. The District will furnish domestic water and sanitation service to this area in accordance with the current regulations of this District. These regulations provide for the payment of certain fees and charges by the subdivider and said fees and charges are subject to change: Additional domestic water and sewer pipelines will have to be installed by the subdivider in order for the District to provide service to all parcels. This area shall be annexed to Improvement District No. 55 of the District for sanitation service. There are existing Bureau of Reclamation facilities not shown on the development plans. There may be conflicts with ;these facilities. We request the appropriate public agency to withhold the approval of a tract map until utility clearances have been completed with the District. TRUE CONSERVATION r J USE WATER WISELY 73 ATTACHMENT 8 Architecture and Landscaping Review Committee March 20, 2006 Community D velopment Department. Staff introduced Mr. Jay Vanos, architfict, who gave a presentation on the project. 2. Committee ember Bobbitt asked if there was a line of site. Staff state no. Committee Member Bobbitt stated his concern was whe her or not the units would block the views of adjoining rojects. As far as landscaping, he has no issues as long as t e date palms are young and in good health. 3. Commi ee Member Smith asked the material to be used on the fence. Mr. Jay Vanos explained the material and its use. It will be pai ted to match the stucco. The perimeter fence will be a block all. 4. Stal noted the location of the two-story units. 5. T re being no further questions of the applicant, it was moved a d seconded by Committee Members Bobbitt/Smith to adopt at Motion 2006-011 recommending approval of Site ievelopment Permit 2005-856, as recommended. Unanimously approved. C. Tentative Tract Map 34243; a request of Innovative Communities for 000000 consideration of common area landscaping plans for the property located on the north side of Avenue 58, west of Madison Street. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Brad Fomon of Innovative Communities who gave a presentation on the project. 2. Committee Member Bobbitt stated he agrees with staff's recommendation to stagger the perimeter wall. He does believe the gate should be dressed up and the turf reduced. Mr. Fomon stated they wanted to get away from the wrought iron gates. In regard to the turf, they would like to retain as much as possible as this is the backyard to a lot of homes. 3. Committee Member Smith asked if a wrought iron fence was to be used on the rear of the houses. Mr. Fomon stated it is a two foot retaining wall with wrought iron. C r¢ G:\WPDOCS\ALRC\3-20-06.doc 3 Architecture and Landscaping Review Committee March 20, 2006 4. Committee Member Bobbitt asked that in addition to the trees mentioned by staff, the bottle trees and crape myrtle not be used. 5. Committee Member Smith asked the paving material and if the entry gate was to be manned. Mr. Fomon stated it would be cobblestone and the entry gate is not manned. 6. There being no further questions of the applicant, it was moved and seconded by Committee Members Smith/Bobbitt to adopt Minute Motion 2006-012 recommending approval of Site Development Permit 2005-856, as recommended and as follows: a. With the addition of bottle trees and crape myrtle removed from the plant list. Unanimously approved. D. Site Development Permit 2006-854; a request of East of Madison, LLC or consi ation of architectural and landscaping plans for a ecreation Center located at the southeast corner of Avenue 52 and Nriwether Way within The Madison Club. 1. Principal Planner Stan Sawa presented the information \, contained in the staff report, a copy of which is on file in the ommunity Development Department. Staff introduced Cindy mora who gave a presentation on the project. 2. Committee Member Bobbitt asked where the four feet was being taken from. Ms. Zamora stated it was her understanding it wa§ibeing taken from the roof. b 3. There b ing no further questions of the applicant, it was moved and sec ded by Committee Members Bobbitt/Smith to adopt Minute otion 2006-013 recommending approval of Site Development Permit 2005-854, as recommended. Unanimously approved. E. Site Development Permit 2006-857; a request of Coachella Valley Housing Coalition for consideration of building elevations and landscaping plans for a 218 unit apartment complex located at the northwest corner of Avenue 48, east of Dune Palms Road. r G:\WPDOCS\ALRC\3-20-06.doc 4 ATTACHMENT 9 Planning Commission Minutes March 28, 2006 G. Environmental Assessment 2005-557 and Tentative Tract Map 34243; a request of Innovative Communities (for Masque Development) for consideration of subdivision of 20 ± acres into 70 single-family and miscellaneous lots located on the north side of Avenue 58, 1,000 ± feet west of Madison Street. 1 . Vice Chairman Quill opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department 2. Commissioner Daniels asked if the project was lower than the surrounding properties. Staff replied it was and gave comparison heights for the whole project. 3. Commissioner Daniels said it was not apparent to him that there were a lot of design options considering the shape of the property. He asked if staff had presented any alternatives. Staff replied they had and outlined them. 4. Commissioner Alderson asked if the problem with the design was street configuration. Staff replied it was one of the design concerns. 5. There being no further questions of staff, Vice Chairman Quill asked if the applicant would like to address the Commission. Mr. Dan Doughbron, representing the applicant, stated he would take comments. 6. Commissioner Daniels asked if the applicant had any objections to any of the conditions. Mr. Doughbron said they had an objection to Condition Number No. 76 regarding reduction of the turf area in the retention basin. The retention basin design was related to the homes abutting the greenbelt and was primarily for recreational use. They wanted to create an open space to be used as an entry and they preferred to maintain that corridor. They asked that condition 76 be deleted. 7. Vice Chairman Quill asked staff if this would be the final opportunity for the Commission to see the landscape plans. Staff replied it was unless the Commission revised the condition. Mr. Doughbron said staff had suggested pockets of desertscape material and he thought that was due to the City's concern about G:\WPDOCS\PC Minutes\2006\3-28-06PC.doc 30 Planning Commission Minutes March 28, 2006 conserving water. The applicant is open to creating pockets areas, but still wants to maintain the greenbelt. 8. Vice Chairman Quill said the City has a Water Conservation Ordinance and the applicant will have to comply with it as well as the Coachella Valley Water District requirements. Staff replied the applicant will comply with the condition. It may be necessary for the applicant to redesign the corridor to comply with the landscaping ordinance. 9. Commissioner Alderson said it would appear this entire site is being drained by way of the streets into this retention basin to the core of the site and none of the water is going off -site. He asked where the nuisance water and drainage were going. 10. Vice Chairman Quill asked Public Works staff about the retaining walls and the retention basin in the project. Staff replied it had to do with an aspect/ratio problem and they have to use the retaining wall to get the depth for the capacity. Vice Chairman Quill then asked about the slope and expressed his concern about drainage in the area. It was really important the Commission see the landscape plan again and his concern was that this would be designed as an amenity for the project but, proper drainage was the priority. The applicant replied they had no objection. 1 1. Vice Chairman Quill commented on the curvilinear streets and cul- de-sacs. The applicant pointed out some features they had added such as circular areas and additional landscaping included in several areas. They also added a common area in the center of the project and a connector bridge. He asked if there was access to the greenbelt from the east/west walkway. The applicant said no. Vice Chairman Quill was concerned about access to this amenity. Staff replied that was one of the items they identified as one of their concerns and expanded upon some of the conditions. 12. Commissioner Alderson asked if the revised landscape plans would solve the problem. Staff said a revised landscape plan may resolve some of the problems but it will be a squeezed plan. 13. Commissioner Barrows had a question regarding a revised design and using a more innovative concept. She asked if the applicant could defend the project in terms of what they saw as the innovative elements. The applicant said they were pinched Ct_ G:\WPDOCS\PC Minutes\2006\3-28-06PC.doc 31 Planning Commission Minutes March 28, 2006 between three projects. When they purchased the land and looked at the design, the previous owner had done the designing without much forethought. They have used more creativity in designing the project to create more of an open field design. They used Chris Bergh, at MDS Consulting, to prepare eight different design options, all of which were worse than the plan presented. Accessibility seems to be the main design problem. 14. Commissioner Alderson said if the landscaping ordinance does not allow for large areas of sod then the area to be redesigned will no longer have the playground effect. He added if they utilize a desertscape access this becomes a moot point. 15. Commissioner Barrows said it could be attractively landscaped consistent with water efficiency guidelines. 16. There being no further question, Vice Chairman Quill asked if there was any other public comment. Mr. Frank Gresick, 57-025 Mountain View; La Quinta, stated he was there in his capacity as President of the Lion's Gate Homeowners' Association which represents 25 property owners in the community. They were happy to see development on the adjacent parcel, but very concerned about privacy and density issues. Their property sits two to three feet lower than this property, especially, at the entrance of Lion's Gate where there are homes worth two to two - and -a -half million dollars. These homes will be staring straight into the project due to the low height of the project wall. They would appreciate the opportunity to work with staff and the developers to see if they can mitigate some of these issues. He gave the Commission several letters from homeowners. 17. Vice Chairman Quill asked for the location of Lion's Gate project, which Mr. Gresick said was due east of this project. Vice Chairman Quill asked if the elevation differences were the problem. Mr. Gresick explained the height of the wall versus the project. Vice Chairman Quill asked staff what they were proposing to do regarding the perimeter wall in terms of where the existing wall is located. Staff replied the applicant should address that. Mr. Doughbron said there was a suggestion to use the parcel near the entrance as part of a green belt. 18. Vice Chairman Quill asked the applicant's representative, Chris Bergh, MDS Consulting, to address the question regarding the G:\WPDOCS\PC Minutes\2006\3-28-06PC.doc 32 Planning Commission Minutes March 28, 2006 wall. Mr. Bergh gave a technical explanation of the elevations on the project and the design of the wall. Vice Chairman Quill asked if he thought they had done their very best to design the wall so there was no significant difference between the lots on one side of the wall versus the other side of the wall. Mr. Bergh replied they had. Vice Chairman Quill asked if the wall was originally constructed by Lion's Gate development. Mr. Bergh replied it was. Vice Chairman Quill asked who the wall belonged to. Mr. Bergh said the wall was right on the line and he wasn't sure who it belonged to, but assumed it was the property of the Lion's Gates development. 19. Commissioner Alderson asked if the homes, on the east side of the project, would be single story. Mr. Doughbron replied all the homes would be single story and they would be willing to work with the neighbors on the height. 20. Vice Chairman Quill asked Mr. Gresick if he had had any conversations with the Innovative group. Mr. Gresick replied no. 21. Commissioner Daniels asked how long it would take to develop landscape details. Mr. Doughbron said he would anticipate the landscape drawings could be brought back to the Planning Commission some time in May. 22. Commissioner Alderson asked Chris Bergh asked if the benchmark was the street and then they worked their way in. He asked if they were as low as they could go. Mr. Bergh replied a minimum pad elevation is based on an emergency overflow at the existing street and gave a detailed explanation of how they arrived at their elevations. Staff clarified one of the conditions on Page 48, Item 11, Al., is a Public Works recommendation for a 36 foot travel width for residential streets to allow parking on both sides and he just wanted to make sure it is a 29 foot street on the stub streets. 23. Commissioner Alderson made the suggestion to continue this approval until the landscaping plans could be made available and the landscaping and retention basin concerns evaluated. 24. Commissioner Daniels wanted to hear more discussion about grading on the adjacent property. G:\WPDOCS\PC Minutes\2006\3-28-06PC.doc 33 Planning Commission Minutes March 28, 2006 25. Vice Chairman Quill said it appears as though the applicant has done their best to match the grades. He asked the applicant what the difference was between Lion's Gate and this project. Applicant's representative Chris Bergh gave an explanation of the difference between the two projects and how the difference was measured. He said the largest variation was 3.3 feet at Lot #1 . 26. Vice Chairman Quill asked if the Lion's Gate wall, at Lot #1 is significantly higher than this project. Mr. Berge said that was correct and went on to explain the height of the pads versus the wall heights. He added they were proposing no fill on their side of the wall. Vice Chairman Quill asked if there was to be no fill anywhere along the way. Mr. Bergh replied very little, but it varies. 27. Commissioner Alderson commented the site balances on the high end. He was also concerned that the Lion's Gate property owners should have an opportunity to discuss their concerns and provide input to the applicant. 28. Vice Chairman Quill asked staff if he had any engineering issues with the height differential. Public Works Director Tim Jonasson said the Municipal Code allows for a three foot maximum differential in existing developments. He was concerned that Lots #66 and #1 exceed that differential by a half foot and that will have to be addressed. The rest of the lots appear as though they are within allowed tolerances. Vice Chairman Quill asked that Condition 76 be changed to require the landscape plans come back to the Commission and include more access to the greenbelt for walking. 29. Commissioner Alderson asked if the condition was recommending this item be continued. Staff stated the applicant would have to get their landscape details done so they are incorporated in the grading plan and that plan would be brought back to the Commission for approval. Commission Alderson stated the applicant would probably not go ahead with the design till he was confident of the approval. Staff told the Commissioners if they approved the subdivision it would go forward. 30. Vice Chairman Quill said he was willing to approve the Tentative Tract Map so they could keep moving forward. G:\WPDOCS\PC Minutes\2006\3-28-06PC.doc 34 Planning Commission Minutes March 28, 2006 31. Commissioner Barrows asked if the Commission needed elaboration on the project re -design. Staff stated the grid system design was not as creative as the project could be and wanted to see something with smaller loop streets and cuts -de -sac incorporated. Staff added the landscape corridor, in the final design, is going to be a design challenge. It will get narrower and tighter in all likelihood. It will not really be active open space nor recreational. It will not function well due to the size/shape of the project parcel. It may require a very expensive design to fix the interior so it is something more than a fairly straight sidewalk down the middle of a channel. 32. Vice Chairman Quill asked the Commission's options. Staff replied they had talked to the applicant about re -design of the project and pointed out some of the ideas. 33. Commissioner Alderson asked if the lots were wide enough to introduce some additional intersecting sidewalks. 34. Vice Chairman Quill said there were no additional sidewalks proposed at this time, but he agreed with Commissioner Alderson's suggestions. He asked if the Commission wished to ask the applicant to go back and revise the plans or give them some suggestions to improve the current Tentative Map provided they come back with a more detailed landscape and amenity plan for the greenbelt, primarily with better access. 35„ Commissioner Daniels said he would prefer they give approval to the submitted Tentative Tract. 36. Vice Chairman Quill asked if Commissioner Daniels meant they give approval to the Tentative Tract, but with added comments to Condition 76. 37. Commissioner Daniels said they need to address their ideas in the landscape review and move forward to approve the Tentative Tract with the landscape plans coming back for review. 38. Commissioner Ladner said another suggestion would be to flip the placement of the homes on the lots in order to widen the areas. G:\WPDOCS\PC Minutes\2006\3-28-06PC.doc 35 Planning Commission Minutes March 28, 2006 39. Vice Chairman Quill said they need to give extra space to the lots that abut the east/west crosswalk. Staff said it was already in the conditions. 40. Vice Chairman Quill stated there would also need to be east/west access to the greenbelt walkway and it would be addressed in a landscape review. He said the Commission should give the applicant their ideas, approve the map, amend Condition 76 and have detailed landscape drawings come back to the Commission prior to issuance of a grading permit. 41. Commissioner Barrows asked if the Commissioners were satisfied the needs of the neighbors had been addressed. 42. Commissioner Alderson stated he would like to see the Lion's Gate homeowners have the opportunity to meet with the applicant so their concerns could be addressed. 43. It was moved and seconded by Commissioners Daniels/Alderson to adopt Planning Commission Resolution 2006-015 recommending approval of the Environmental Assessment 2005-557, as recommended. ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, and Vice Chairman Quill. NOES: None. ABSTAIN: None. ABSENT: None. 44. It was moved and seconded by Commissioners Alderson/Daniels to adopt Planning Commission Resolution 2006-016 recommending approval of Tentative Tract Map 34243, as recommended and amended: a. Condition added: The applicant shall create sidewalk crossings so there is better access to the retention basin/greenbelt floor. b. Condition added: The applicant shall provide an opportunity for the Lion's Gate Homeowners' Association to meet with the design staff. C. Add to Condition 76: The revised landscaping plans shall be brought back to the Planning Commission for review and approval before issuance of grading permits. d. Condition added: The applicant shall remit Quimby Park Fees prior to recordation of the Final Tract Map. G:\WPDOCS\PC Minutes\2006\3-28-06PC.doc 36 ATTACHMENT 10 ULV is I M 'IV u CITY OF LA QUINTA DEPARTMENT IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TENTATIVE TRACT MAP NO. 34243(REVISED: 5/05/06) PORTION OF THE S 1/2, S 1/Z SEE. 21. T.., M.,Fr-. amm. ce 45 z 46 49 48 47 TRAC1 NO. 2 WWI $0.014 IMCF N06 30096-2 M 2"j -or woo" ow -ma vm. q LOT H LOT A -77 IP W 20 MR7 < 12 51 26 1 10.4 can14 ® 22 vft�41 4 29 23 I \ 11 ".. v . 6 _T 30 24 48"l T- 25 I IF E 1 43 26 7 F_ on -ma 27 all A- 43 LOTH 7 9 61 2a 41 rI t2 79 'o 30 _E 2 4 3 )_7 lwrwesw 53 56 A �j Z. L -Lora- -- Al VACAW mu Loa LOr 3 SOCIM A -A locim tic" C-C loc" DD socim Ei I AVENUE 52 THE HIDEAWAY AVENUE 54 PGA WEST NTLORT BLVD. (AVENUE 56) AVENUE 58 3r WffEF:d0R STREET QpwAK 31-9 ILLL 29' WTERIOR STREET OWASE 51101) ILT.1 " "_ I ma I /-EF� ..' WcTm Ff INNOVATIVE COMMUNITES 200 E WASHINGTON STREET (760) 564-6555 SUITE 100 FAX (760) 5641-6505 ESCONOID0 . CA ATTACHMENT 11 WINGERT itGREBING IBRUBAKER c GOODWIN i_i_i' WRITERS EMAIL: sgrebing@wingertlaw.com City Council CITY OF LA QUINTA P.O. Box 1504 La Quinta, CA 92253 ONE AMERICA PLAZA, SEVFNTH FLOOR 600 WEST BROADW/W • SAN DIEGO, CA 92101-3370 (619) 232-8151 0 FAx (619) 232-4665 www.wingertlaw.com f OHN R. VVW<;FRT, RETIREE) I AS VI (,As Of 11( 1 1120TOWN CENTER DRIVE, SUITE 200 LA" VT(' As, NEVAI)A 89144 341-9576 • FAx (702) 341-817() May 10, 2006 n MAY i 02006 CITY OF LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT Re: Motion for Reconsideration of Approval of Tentative Man No. 34243 Our Client Madison 58`' La Quinta, LLC Our File No. : IRC-0100 Date; of Hearing: May 16, 2006 Dear Members of City Council: By way of introduction, this office represents the interests of Madison 58`h La Quinta, LLC in regards to its efforts to obtain approval of Tentative Map No. 34243 (as originally proposed) and certification of Environmental Assessment No. 2005-557. As you know, Madison 58`" La Quinta LLC has successfully requested the terms and conditions of the tentative map for the site as approved at the meeting of April 18, 2006 be reconsidered by the City Council at its next regularly scheduled hearing on May 16th. To be more specific, as the developer of the proposed "581''/Madison project," Madison 581'' La Quinta, LLC requests the reconsideration of the imposition, as a condition of approval, of the reduction GtS t11 '7f1 nr the f lloc a in-g t•„ he n>>mber of 1 , n +n t?l� � "rn;Pnt Fro to 66 f , 1♦♦ t Lr ll N+♦+v v+ V1 ♦ � 1 1 ill lily �.,r1VIVVl 1aV I i/ vl „11V loll �J 1�1� In an overall general sense, it is the position of Madison 581h La Quinta, LLC that the tentative map for the project be approved as submitted without further restriction or amendment as the project as presently proposed by Madison 58`' La Quinta, LLC meets or exceeds the General Plan requirements previously adopted and imposed by the City for all new residential development projects. Madison 581h La Quinta, LLC feels strongly that the project proposed for this location is beyond comparison to any other project previously developed or anticipated to be developed within the City limits with respect to lot size, density, set backs, overall development strategy. City of La Quinta -- City Council May 10, 2006 Page 2 In this regard, City of La Quinta Municipal Code Section 13.12.130 provides the following criteria ]or the approval of tentative maps found to be in conformance with the general Map requirements instituted by the City: Mandatory findings of approval. A tentative snap shall be approved by the city only if the city makes all of the following findings: A. The proposed map or vesting map is consistent with the city general plan and any applicable specific plans. B. The design or improvement of the proposed subdivision is consistent with the city general plan and any applicable specific plans. C. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially injure fish or wildlife or their habitat. D. The design of the subdivision or type of improvements are not likely to cause serious public health problems. E. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. F. The design of the subdivision or type of improvements are not likely to cause serious public health problems. G. The desibl: of thL- sLl✓divtslon or ype of 1711p -ovemro-nts will %Zvi conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. From a preliminary review standpoint, the proposed tentative map and development plan for the project appears to be consistent with the City's General Plan. There is no evidence the proposed design of the project will result in (1) substantial environmental damage, (2) injure wildlife or the overall habitat, (3) cause serious public health problems, (4) or conflict with easements acquired by the public at large. Based on these standards alone, the project's proposed design and layout should be approved as originally proposed with the imposition of any additional conditions of approval, especially conditions requiring the elimination of 4 lots . In this regard, the imposed of a condition requiring the elimination of 4 lots appears to be arbitrary and capricious, at best, and not supported by express required findings of Section 13.12.130. City of La Quinta - City Council May 10, 2006 Page 3 To the contrary, the project design proposed by Madison 58`h La Quinta, LLC meets or exceeds the minimum design criteria imposed on similar projects by the General Plan. First, the average lot size and density of the proposed project is easily beyond the General Plan minimum requirements with respect to lot sizes of 7,200 square feet and a maximum density of 4 lots per acre. By contrast, the development plan submitted by Madison 58`h La Quinta, LLC provides for a minimum lot size of 8,627 square feet (17% more square footage than the required minimum) and a maximum lot size of 15,888 square feet (55% more than the minim requirement), with an average size of 9,100 square feet (21 % larger than the required minimum size). Again, the anticipated and planned lot space afforded by this development is unprecedented with respect to any similar type of project within the City. Second, with respect to project density, the proposed plan provides for 3.5 lots per acre versus the 4 lot per acre mandated by the City. If the City mandate were expressly followed for this project, Madison 581h La Quinta LLC could incorporate into the design an additional 4 lots into the proposed tentative map and still meet the density requirements of the City. However, in the interest of protecting large average lot sizes and overall density, Madison 581h La Quinta LLC has chosen instead to design the project to allow for as much open space as possible to the benefit of not only the future purchasers, but the surrounding community as well. For this reason alone, the tentative map should be approved as originally submitted, and should not be subject to even further reductions in lot size and density as imposed at the last City Council hearing. Third, the General Plan requirements call for minimum rear yard setbacks of 20 feet, and minimum side yard set backs of 5 feet on one side, and 10 feet on the adjacent side. Again, Madison 581h La Quinta, LLC's proposed development plan goes well beyond the City's minimum requirements. Under the current development plan submitted by Madison 581h La Quinta, LLC, rear yard setbacks on each lot will average 25 feet (20% in excess of the minimum requirement) and side yard set backs will vary between the minimum of 5 feet and 14.5 feet on the corresponding side of the same lot ( 2°% in excess of the minirn�.i�r. ��eq��ire„gent). As such, the tentative map and proposed development plan as originally submitted by Madison 58`h La Quinta, LLC meets or exceeds the minimum requirements of the City to man extent unprecedented for any similar type of development within the City. Fourth, during the public hearing in regards to approval of the proposed tentative map, the City Council expressed a desire to revise the development plan for the project in order to reduce the number- of lots adjoining the Lions Gate development to a 3 to 1 ratio, despite only one objection from a homeowner within the Lions Gate project as to the proposed lot ratio. In response to expressed concern, Madison 58`h La Quinta, LLC revised the proposed site layout such that the total lot number for the project ratio was reduced to 2 to 1 in relation to the existing Lions Gate project. This was done by repositioning lots within the development and re -designing other common elements without removing any lots from the proposed total lot number of 70 for the project. City of La Quinta - City Council May 10, 2006 Page 4 Lastly, the reduction of 4 lots from the original proposed design of the project significantly impacts the ability of Madison 581" La Quinta, LLC, from an economic standpoint, to continue with the development and construction of the project. The loss of 4 lots from the proposed design translates into an immediate economic loss of approximately $2.5 million. Further, and perhaps more relevant to the City, the reduction translates into a loss of construction and development fees, and additional future property tax revenue and other associated economic benefits otherwise not realized if the lot reduction remains in force. In order to confirm the above analysis and discussion, attached please find the old project layout (as originally proposed) and the revised project layout following the most recent City Council meeting and in further meetings with the Planning Commission. In regards to the lot density, lot size and lot number and lot positioning issues raised by the City Council during the initial approval hearing, it is clear all of the expressed concerns have been addressed by Madison 58" La Quinta, LLC to such an extent that the revised project design meets or significantly exceeds the requirements routinely imposed by the City Council on projects of similar nature and design. As such, the issues raised by the City Council during the approval hearing on April 18`" are no longer valid or relevant, and there is no longer any justification for the imposition of the number of lots from 70 to 66 as a condition of approval. For these reasons, Madison 58'h La Quinta, LLC submits the proposed tentative map, as revised, should be approved as re -submitted without any further restriction of conditions of approval. We appreciate the opportunity to address this issue with you in advance of the scheduled hearing on May 16th, and look forward to discussing this issue in more detail at that time. To the extent you have any questions, inquiries or concerns in advance of the hearing, please do not hesitate to contact this office or Mr. Brad Fomon of Madison 581" La Quinta, LLC (760) 839- 8238/ext. 135 at your earliest convenience. Thank you, in advance, for your time and consideration of this important issue. Very truly yours, WINGERT GREBING BRUBAKER & GOODWIN LLP t� ItStephen C. Grebing cc: Brad Fomon/Madison 581" La Quinta, LLC Katherine Jenson, City Attorney/City of La Quinta CA IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TENTATIVE TRACT MAP NO. 34243 (REVISED: 3/03/06) PORTION OF THE S 1/2, S 1/2, SEC. 21, T.6S., R.7E., S.B.M. /( 45 � IrYbIA� — r 46 49 48 47 1 \ TRACTS NO. 21 603,1 MB 279/3 -37 % I Z TRACT NO. 30096-2 Ufa 362/32-37 AVENUE 52 W THE HIDEAWAY AVENUE 54 o PGA WEST z AIRPORTIBLVD. (AVENUE 56) PROJECT. AVENUE SITE 58 VICINITY MAP \ N.T.S. LOT H : i ? LOT A Ppr -- I_. - R/M _ DEOk WAY! 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Gs _ SON,U1� U5 f1Yrr ,nv.loa aeelrerY' row .aewu» ml.e )_ ' _ lei. •61.T Itj c' '.ef.7 `J , , z •e,.o Ei •so.e A IseM Y A I ,oE•Anon _ me rrn _ '•�y�. - `i106 Y..®9 ; I OWNS >/MEVELVn INNOVATIVE"" COMMUNITIESm R _ _ 200 E WASHINGTON STREET (760) 564-e566 SUITE 00 CA FAX (760) 564-0505 ESCO `—N "• -.ter-.tom. :--ar �_arr�-�--'�,.��- _�._. - - -=t,;•i:• w '�- .I» — an m, — w' — CONSULTANT d„ w, los cneuwc '�. �• �.. r, rm — we- «e --,mF VACANT9Yt:ae� .m — ,e, . tic ,o, w ttl� ,m . un a un ,m Y Im: Ml try � w _I�•I Ic 1�L w . im v un s �!C Y,11G ,� r,�,-•r Y O e • ! eir ]Oe { . r O O R I t N SECTION A -A SECTION B-B SECTION C-C SECTION D-D SECTION E-E e6n, ! ` N Y ` ' : rLAYY[[s [NotYeens suRv[roN[ SFEET 1 OF 1 vrt c�..ele�PRnAnrn S-,o-oe ORIGINAL MAP LOT H Iq21 PLAN IRPLAN 3 PLAN 2R PLAN I PLAN 3 PLAN 2 PLAN 3 PLAN iR PL ij OT E PLAN I LOT w II I PIAN 3R I i I PLAN 2R I PLAN 1 I I PLAN I — I I I I PLAN 3R II I PLAN 2 I I I 7C n I I kill I - — — — 1 PLAN 2 1 PLAN 1 PLAN JR I:° _ I I PLAN 2R 1 I — I PLAN IR I s I PUN]2RI I PLAN 1 PLAN 3 i - ---- I I - I PLAN 3 I PLAN 2R ` ILPLA:1431.I I PLAN IR 1 PLAN IR PLAN 2 I I I I ' I PLAN IR I PLAN 3 I I xis o I PLAN 2 I o LOT u I - - PLAN 2 PLAN IR I PLAN 3 PLAN 3R I � I I I I I PLAN 2R I ' PLAN 3R I PLAN 2 I I I I I - I G--- I PLAN 1 PLAN 1 i PLAN 3R I PLAN 3 I H 1 PLAN 2R 1 1 1 - I I I PLAN 2 I I I 3 LPLAN 3R I I PLAN IR 3° ---- I I I I PLAN 3 PLAN IR PLAN 2 1 3 I PLAN 2 I I I lu I — PLAN 2R I I I I PLAN 3 I I I I PLAN iR I PLAN 1R I ,,,• LOT Y I I PLAN I PLAN 3 PLAN 2R PLAN3R L_----� ----J PLAN I I Z LOT C I I 1 — — — PLAN 2 1 r — — —� r — — — — PLAN 3R I 3 1 I PLAN 3R 1 i I PLAN I PLAN 1R I I PLAN 2 PLAN IR I- ' I I I 1 PLAN 2 J LOTH LOT K LOT L - LOT A AVENUE 58 REVISED M A P Cf Innovative Communities CM MAY 162006 May 15, 2006 CA ' CD Brad Thank you for keeping us informed on the planning effort regarding your new community an Avenue 56 in La Quinta As President of Lions Gate Home Owners Association, I want to express our thanks for the efforts you and your company have shown in trying to mitigate our privacy concerns. The new layout that shows only two of your homes behind our lots along our west wail is a big improvement over the prior plan By redesigning your lots, we believe you have effectively accomplished what the city council was looking for when they reduced the number of lots from 70 to 66 As long as this design is adopted and you construct the 6 foot privacy wall, we have no objections to the project Hope to see you break ground soon Sincerely, Frank Gresik President, Lions Gate Home Owners Association size=3 width—I00°t' align -center tabindes--I> From:Brad Fornon [maiko:Brad.Fomon@InnovativeCommunides.comj Sent: Tuesday, May 09, 2006 5:00 FM To: frankgresik@dc.rr.com Cc: Dan Dobron Subject: 58th and Madison Frank Attached is the revised site layout Thank eou_ Brad Fomon Forward Planner 200 I . Washington Ave Suite P I00 Escondido, CA 92025 Phone:760-839-8238 x135 Fax: 760-839-82=46 brad.f()monra: iitiwvativecommunities.com T 0 -1-Ouf 4 4agkrw COUNCIL/RDA MEETING DATE: May 16, 2006 ITEM TITLE: A Joint Public Hearing Between the City Council and Redevelopment Agency to Consider the Sale of Real Property Located at 53-205 Avenida Navarro By and Between the La Quinta Redevelopment Agency and Kim Loutsenhizer RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: �• Approve the sale of 53-205 Avenida Navarro to maintain an affordable housing unit in Project Area No. 1 for a purchase price of $1651000. FISCAL IMPLICATIONS: The Agreement would result in the Agency receiving approximately $68,000 from sale proceeds. The Agency would also provide a $96,000 silent second trust deed loan to insure that the dwelling is affordable to a very low income household for 45 years. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In August, 1995, the Agency acquired 50 single family homes located in the Cove to secure these units from bankruptcy proceedings filed by the then owner, Coachella Valley Land. Prior to the bankruptcy, the Agency invested $1 .0 million to maintain the dwellings as very low income rental units. Since then, the Agency has substantially rehabilitated these dwellings to correct deficiencies and improve their appearance. These costs have been funded from rental income. In February 1998, the Agency directed staff to sell two (2) units per year first to qualified tenants, and secondly, to other eligible very low income households. The proposed sale is the twenty-second (22nd) unit to be sold; twelve (1 2) of these units were sold to existing tenants and ten (10) to non -tenant households. The proposed purchaser is an existing tenant who expressed an interest in purchasing the property, took the required actions to qualify for a first trust deed loan, and qualifies in the very low income category. C 17 The sale transaction would be structured as other Agency affordable housing projects, wherein the existing Agency -funded silent second trust deed would cover the difference between the market sales price and an affordable first trust deed mortgage. If this sale is authorized, the unit will be sold for the market value of $165,000, with the buyer funding a 3% down payment and a private lender originating a W,050 first trust deed mortgage (the maximum loan the homebuyer can obtain). The Agency would convert $96,000 of its equity in the property into a silent second trust deed loan. This unit has substantially rehabilitated and therefore, can be counted toward the Agency's inclusionary housing requirement. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve an agreement to sell real property located at 53-205 Avenida Navarro to Kim Loutsenhizer for a purchase price of $165,000; or 2. Do not approve an Agreement to sell real property located at 53-205 Avenida Navarro to Kim Loutsenhizer for a purchase price of $165,000; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas R,#Elvans Community Development Director Approved for submission by: 1 Thomas P. Genovese, City Manager Attachments: 1 . Summary Report ATTACHMENT #1 SUMMARY REPORT FOR THE PROPOSED RESIDENTIAL HOME SALE AGREEMENT BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND KIM LOUTSENHIZER May 16, 2006 INTRODUCTION This document is the Summary Report ("Report") for the proposed Sale Agreement ("Agreement") between the La Quinta Redevelopment Agency ("Agency") and Kim Loutsenhizer ("Buyers"). The purpose of Agreement is to facilitate the sale by the Agency of a single-family dwelling to the Buyers. This Report has been prepared pursuant to Section 33433 of the California Health and Safety Code ("California Community Redevelopment Law") and presents the following: • A summary of the proposed transaction. • The cost of the sale to the Agency. • The estimated value of the interest to be conveyed, determined at the highest and best uses permitted by the Agency's Redevelopment Plan. • The estimated value to be conveyed, determined by the use and with the conditions, covenants, and development costs required by the Agreement. • An explanation of why the sale, pursuant to the Agreement, will assist in the elimination of blight. SUBJECT PROPERTY The home is a vacant 3-bedroom 2-bath single-family dwelling located at 53-205 Avenida Navarro within La Quinta Redevelopment Project Area No. 1 ("Property"). The Agency acquired the Property in 1995 to preserve single-family homes that were affordable to very -low income Section 8 households. These homes have been rented to said households since 1995. The Buyers are the current tenants of this home who expressed interest in purchasing it and subsequently qualified for a first trust deed loan. The Agency then elected to enter into the Agreement to facilitate this sale. THE TRANSACTIONS PROVIDED FOR BY THE AGREEMENT The Agreement will accommodate the sale of the Property to the Buyers, who will continue to occupy the dwelling. The sales price of $165,000, which represents the fair market value, will be funded through a combination of the Buyers' down payment of $4,950, a first trust deed mortgage of $64,050, and the Agency's equity of $96,000 that will be converted into a silent second trust deed loan. This second trust deed loan will include covenants to insure that the Property will remain affordable to very low income -households for 45 years. History of Property This Property is part of the Agency Rental Property Purchase Program. In May 1998, the Agency offered these properties first to the existing tenants for purchase and secondly to other qualified very low income households. The Buyers are the current tenants, who expressed an interest in purchasing the unit, and were recently approved by Total Financial Group for a mortgage up to the amount of $64,050. The Buyers qualify as a very low income household. The Cost of the Sale to the Agency To date the Agency has invested $1 27,750 in the Property through a combination of the initial purchase cost ($86,500) and expenses related to rehabilitating the dwelling ($41,250). Per the Agreement the Agency will sell the Property for $165,000; of this amount the Agency will receive $69,000 in sale proceeds and retain a silent second trust deed of $96,000 in order to insure that the annual costs are affordable to very low income households. Estimated Value of the Interest to be Conveyed, Determined at the Highest and Best Uses Permitted by the Agency's Redevelopment Plan The Redevelopment Plan for La Quinta Redevelopment Project No. 1 provides that the Property shall be used for low -density residential development. Current residential property sales for like dwellings in the Cove market area indicate values of $310,000 to $325,000 for three bedroom, two bath single family dwellings in good condition. Estimated Value of the Interest to be Conveyed, Determined at the Use With the Conditions, Covenants, and Development Costs Required by the Agreement The Agreement provides that the Property will be sold for $165,000. This value was selected in order to facilitate the sale at a cost affordable to a very low income household. laquinta\lghp\rental housing\Sum Rpt 53-205 Ave Navarro 2 Explanation of Why the Sale of the Property Pursuant to the Agreement will Assist in the Elimination of Blight The Agreement does not eliminate blight in that it does not facilitate a transaction that remedies blight. Instead the Agreement expands that Agency's affordable housing efforts and increases the community's supply of affordable housing. Prior to the sale, the Agency substantially rehabilitated the Property extending the Property's economic life while improving its appearance. Thus, the transaction will insure the continued affordability of a substantially rehabilitated single-family dwelling to a very low income household. laquinta\lghp\rental housing\Sum Rpt 53-205 Ave Navarro 3 T 6 4t 4 4a" COUNCIL/RDA MEETING DATE: May 16, 2006 ITEM TITLE: A Joint Public Hearing Between the City Council and Redevelopment Agency to Approve an Agreement to Consider the Sale of Real Property Located at 53-1 95 Avenida Carranza By and Between the La Quinta Redevelopment Agency and Corina rYmo-7 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the sale of 53-1 95 Avenida Carranza to maintain an affordable housing unit in Project Area No. 1 for a purchase price of $165,000. FISCAL IMPLICATIONS: The Agreement would result in the Agency receiving approximately $68,000 from sale proceeds. The Agency would also provide an $96,000 silent second trust deed loan to insure that the dwelling is affordable to a very low income household for 45 years. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In August, 1995, the Agency acquired 50 single family homes located in the Cove to secure these units from bankruptcy proceedings filed by the then owner, Coachella Valley Land. Prior to the bankruptcy, the Agency invested $1 .0 million to maintain the dwellings as very low income rental units. Since then, the Agency has substantially rehabilitated these dwellings to correct deficiencies and improve their appearance. These costs have been funded from rental income. In February 1998, the Agency directed staff to sell two (2) units per year first to qualified tenants, and secondly, to other eligible very low income households. The proposed sale is the twenty-first (21 st) unit to be sold; eleven (1 1) of these units were sold to existing tenants and ten (10) to non -tenant households. The proposed purchaser is an existing tenant who expressed an interest in purchasing the property, took the required actions to qualify for a first trust deed loan, and qualifies in the very low income category. The sale transaction would be structured as other Agency affordable housing projects,, wherein the existing Agency -funded silent second trust deed would cover the difference between the market sales price and an affordable first trust deed mortgage. If this sale is authorized, the unit will be sold for the market value of $165,000, with the buyer funding a 3% down payment and a private lender originating an $64,050 first trust deed mortgage (the maximum loan the homebuyer can obtain). The Agency would convert $96,000 of its equity in the property into a silent second trust deed loan. This unit has substantially rehabilitated and therefore, can be counted toward the Agency's inclusionary housing requirement. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve an agreement to sell real property located at 53-195 Avenida Carranza to Corina Gomez for a purchase price of $165,000; or 2. Do not approve an Agreement to sell real property located at 53-1 95 Avenida Carranza to Corina Gomez for a purchase price of $165,000; or 3. Provide staff with alternative direction. Respectfully submitted, d Douglas . Evans Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Summary Report ATTACHMENT #1 SUMMARY REPORT FOR THE PROPOSED RESIDENTIAL HOME SALE AGREEMENT BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND CORINA GOMEZ INTRODUCTION This document is the Summary Report ("Report") for the proposed Sale Agreement: ("Agreement") between the La Quinta Redevelopment Agency ("Agency") and Corina Gomez ("Buyers"). The purpose of Agreement is to facilitate the sale by the Agency of a single-family dwelling to the Buyers. This Report has been prepared pursuant to Section 33433 of the California Health and Safety Code ("California Community Redevelopment Law") and presents the following: • A summary of the proposed transaction. • The cost of the sale to the Agency. • The estimated value of the interest to be conveyed, determined at the highest and best uses permitted by the Agency's Redevelopment Plan. • The estimated value to be conveyed, determined by the use and with the conditions, covenants, and development costs required by the Agreement. • An explanation of why the sale, pursuant to the Agreement, will assist in the elimination of blight. SUBJECT PROPERTY The home is a vacant 3-bedroom 2-bath single-family dwelling located at 53-195 Avenida Carranza within La Quinta Redevelopment Project Area No. 1 ("Property"). The Agency acquired the Property in 1995 to preserve single-family homes that were affordable to very -low income Section 8 households. These homes have been rented to said households since 1995. The Buyers are the current tenants of this home who expressed interest in purchasing it and subsequently qualified for a first trust deed loan. The Agency then elected to enter into the Agreement to facilitate this sale. C f.. THE TRANSACTIONS PROVIDED FOR BY THE AGREEMENT The Agreement will accommodate the sale of the Property to the Buyers, who will continue to occupy the dwelling. The sales price of $165,000, which represents the fair market value, will be funded through a combination of the Buyers' down payment of $4,950, a first trust deed mortgage of $64,050, and the Agency's; equity of $96,000 that will be converted into a silent second trust deed loan. This; second trust deed loan will include covenants to insure that the Property will remain affordable to very low income -households for 45 years. History of Property This Property is part of the Agency Rental Property Purchase Program. In May, 1998, the Agency offered these properties first to the existing tenants for purchase and secondly to other qualified very low income households. The Buyers are the current tenants, who expressed an interest in purchasing the unit, and were! recently approved by Total Financial Group for a mortgage up to the amount of $64,050. The Buyers qualify as a very low income household. The Cost of the Sale to the Agency To date the Agency has invested $127,750 in the Property through a combination of the initial purchase cost ($86,500) and expenses related to rehabilitating the dwelling ($41,250). Per the Agreement the Agency will sell the Property for $165,000; of this amount the Agency will receive $69,000 in sale proceeds and retain a silent second trust deed of $96,000 in order to insure that the annual costs are affordable to very low income households. Estimated Value of the Interest to be Conveyed, Determined at the Highest and Best Uses Permitted by the Agency's Redevelopment Plan The Redevelopment Plan for La Quinta Redevelopment Project No. 1 provides that the Property shall be used for low -density residential development. Current residential property sales for like dwellings in the Cove market area indicate values of $310,000 to $325,000 for three bedroom, two bath single family dwellings in good condition. Estimated Value of the Interest to be Conveyed, Determined at the Use With the Conditions, Covenants, and Development Costs Required by the Agreement The Agreement provides that the Property will be sold for $165,000. This value was selected in order to facilitate the sale at a cost affordable to a very low income household. laquinta\Ighp\mental housing\Sum Rpt 53-195 Ave Carranza 2 Explanation of Why the Sale of the Property Pursuant to the Agreement will Assist in the Elimination of Blight The Agreement does not eliminate blight in that it does not facilitate a transaction that remedies blight. Instead the Agreement expands that Agency's affordable housing efforts and increases the community's supply of affordable housing. Prior to the sale, the Agency substantially rehabilitated the Property extending the Property's economic life while improving its appearance. Thus, the transaction will insure the continued affordability of a substantially rehabilitated single-family dwelling to a very low income household. laquinta\lghp\rental housing\Sum Rpt 53-] 95 Ave Can-anza 3 LO ,w OFT� COUNCIL/RDA MEETING DATE: May 16, 2006 ITEM TITLE: Public Hearing Regarding an Appeal of the City of La Quinta Tax Administrator's April 19, 2006 Determination Revoking the Casitas Las Rosas, LLC Transient Occupancy Tax Permit RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Conduct a hearing on the appeal, reject the appeal, and uphold the April 19, 2006 Determination of the La Quinta Tax Administrator revoking the Casitas Las Rosas, LLC Transient Occupancy Tax ("TOT") permit. FISCAL IMPLICATIONS: The revocation of the TOT Permit currently held by Casitas Las Rosas, LLC ("CLR"), could result in a reduction of TOT receipts to the City if the revocation results in the units not being rented. A total of $1 12,106 is outstanding through May 16, 2006, for the TOT, penalties, and interest is due from Casitas Las Rosas, LLC. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: CLR has been renting the casitas units at the Santa Rosa Plaza pursuant to a permit issued under La Quinta Municipal Code Section 3.24.060. CLR stopped remitting the TOT it collected from renters beginning in November 2004. This continued through April of 2005. The total TOT which CLR failed to remit was $95,226.89. With penalties and interest, the outstanding balance is now $1 12,106. There is no dispute regarding the calculation of the amount due and owing. Since April of 2005, CLR has remained current with monthly remittances, but has failed to pay the past due amount. John Falconer, the Tax Administrator, noticed and held a series of hearings regarding the nonpayment. The hearings were held under La Quinta Municipal Code Sections 3.24.120 and 3.24.160. Mr. Falconer extended the date for payment on numerous occasions. The last of these hearings was held on April 18, 2006. On April 19, 2006, Mr. Falconer issued his ruling, in which he indicated that if the outstanding amount was not paid by May 1, 2006, the permit would be revoked (Attachment 1). Representations have been made throughout the hearing process that upon the transfer of the Hotel, the outstanding balance would be paid. According to all parties involved, the transfer of the Hotel is complete. However, the balance remains unpaid. On April 27, 2006, Village Resort, LLC, filed a notice of appeal of Mr. Falconer's decision (Attachment 2). The appeal process is provided for in LQMC Section 2.04.100.A., which states: A. Except when an appeals procedure is otherwise specifically set forth in this code, any person excepting to the denial, suspension, or revocation of a permit applied for or held by him pursuant to any of the provisions of this code, or to any administrative decision made by any official of the city, if the denial, suspension, or revocation of the permit or the determination of the administrative decision involves the exercise of administrative discretion or personal judgment exercised pursuant to any of the provisions of this code, may appeal in writing to the council by filing with the city clerk a written notice of the appeal. The relationship between CLR and the appellant is unknown. Also, the appellant's interest in the permit is unknown. These items may be a basis for inquiry during the hearing. According to the appeal letter, the appellant seeks more time for the payment on the following basis: "The basis for Village Resort's appeal is that in the process of Chicago Title's April 21, 2006 acquisition of the Property, Chicago Title was informed of at least two (2) alternative T.O.T. rebate proposals by the City (the "City's T.O.T. Rebate Offers"), which Offers came at different times in the Hotel development process, and which Offers Chicago Title relied upon in making its decision to complete the purchase of the Hotel. Prior to Chicago Title's acquisition of the Property on April 21, 2006, and in response to the City 's T.O.T. Rebate Offers, Chicago Title offered to pay one hundred percent (100%) of the Outstanding T.O.T., and requested a T.O.T. rebate agreement in accordance with the City's T.O.T. Rebate Offers. As of the date of this Notice of Appeal, we have not yet received a response to our most recent offer to the City, which offer was made in a letter from Fred Parvey to the Mayor and the City Council Members, dated April 13, 2006. We hereby appeal the May 1, 2006 deadline for the payment of the Outstanding T.O.T. in order (i) for the City to have time to respond to Chicago Title's most recent offer regarding the T.O.T. Rebate Agreement, and (ii) for Chicago Title to have sufficient time to select an acceptable replacement operator for the one hundred forty-four (144) Casitas generating the T.O.T." The procedures for determining the appeal are set forth in LQMC Section 2.04.130, which states: A. The city council at the hearing may limit participation in the hearing to the directly interested parties, or may allow participation by the public. Such public participation, however, shall only be appropriate when the council deems it necessary in the public interest. If a hearing is ordered open to public participation, notice thereof shall be given by publishing notice of the hearing in a newspaper of general circulation in the city not less than five days prior to the date of the hearing, and by such other means as the city council deems necessary. B. At the time of consideration of the appeal by the city council the appellant shall be limited to a presentation on the specific grounds of appeal and matters set forth in his notice of appeal and shall have the burden of establishing cause why the action appealed from should be altered, reversed or modified. The council may continue the matter from time to time, and at the conclusion of its consideration may affirm, reverse or modify the action appealed from and may take any action which might have been legally taken in the first instance by the official or body from whose action the appeal has been taken. In ruling on the appeal the findings and action of the council shall be final and conclusive in the matter. (Ord. 2 § 1 (part), 1982) P Mr. Falconer indicated that the request for a TOT rebate was a separate matter and that it did not justify the non-payment of the outstanding amount. Staff recommends that after conducting the hearing, the City Council uphold Mr. Falconer's ruling and affirm the revocation of the permit issued to CLR. This will not preclude the rental of the units by a different entity that holds a valid permit from the City to operate a hotel. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Conduct a hearing on the appeal, reject the appeal, and uphold the April 19, 2006 Determination of the La Quinta Tax Administrator revoking the Casitas Las Rosas, LLC Transient Occupancy Tax permit; or 2. Conduct a hearing on the appeal, uphold the appeal, and overturn or modify the April 19, 2006 Determination of the La Quinta Tax Administrator revoking the Casitas Las Rosas, LLC Transient Occupancy Tax permit as deemed appropriate; or 3. Provide staff with alternative direction. Respectfully submitted, 1� . -L-,-. Michael O'Connor, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . April 19, 2006 Decision of Tax Administrator 2. April 26, 2006 Appeal Letter C3 ATTACHMENT P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLS TAMPICO LA QUINTA, CALIFORNIA 92253 VIA PERSONAL DELIVERY AND REGISTERED MAIL TO P.O. BOX April 19, 2006 Personal Delivery Address: Ms. Bridget Myers Managing Partner Casitas La Rosas Company LLC 50920 Avenida Bermudas La Quinta, CA 92253 Ms. Bridget Myers Managing Partner Casitas Las Rosas Company LLC P.O. Box 1503 La Quinta, CA 92247 RE: Determination on Revocation of Permit to Serve as Operator (760) '777-7000 FAX (760) '777-7101 The purpose of this letter is to report to you the decision I have reached regarding the Hearing which was concluded on April 18, 2006 in the Study Session Room at City Hall at 9:30 AM to consider whether or not to revoke your permit to collect Transient Occupancy Tax (TOT) in accordance with Municipal Code Section 3.24.160. The persons in attendance were as follows: For the Operator (Casitas Las Rosas Company LLC): Bridget Myers, Casitas Las Rosas Company, LLC For the City of La Quinta: John Falconer, Tax Administrator Kathy Jenson, City Attorney for Rutan & Tucker, LLP, Vianka Orrankia, Secretary C 3 1 Other Interested Parties: Tim McOsker & Sarah Tyerman Attorney's from Christensen, Miller, Fink, Jacobs, Glaser, Weil & Shapiro, LLP for Fidelity/Chicago Title via telephone My decision is based upon the hearings that have been held on June 21, 2005, December 6, 2005, February 21, 2006 and April 18, 2006 which have been audio -taped and which audio -tapes are available in the City Clerk's office. In addition, I have attached correspondence, which I have based my decision on, from prior meetings to the date of this letter. Background Casitas Las Rosas Company LLC has a Transient Occupancy Tax (TOT) permit to these fees and remit them to the City in accordance with Section 3.24.060 the La Quinta Municipal Code. A previous hearing was held on June 21, 2005 in which the operator stated that due to delays in opening the hotel, the operator was unable to pay the TOT that has been collected and due from November 2004 through April 2005 on casitas units that it manage in the vicinity of the uncompleted hotel. The operator did not and does not dispute the amount owed in TOT (including penalties and interest) or the fact that they have not remitted the TOT amount due to the City. The operator had previously requested a workout plan to repay the TOT taxes owed from November 2004 through April 2005 on or before October 31, 2005 or the closing date for the refinancing of the hotel debt, whichever came first and would remain current on TOT collections after April 2005 and believed this is in the best interests of the casitas owners and neighboring business owners. At a meeting held December 6, 2005 this date was extended from October 31, 2005 to January 31, 2006 as the operator stated that they were continuing its efforts to obtain additional financing to complete the hotel. On February 1, 2006 a letter was sent to the operator setting a revocation hearing on February 21, 2006 to consider revocation for missing the second deadline of January 31, 2006. n jC. On February 21, 2006, a hearing was held with the operator, which included Tim McOsker, an attorney representing Fidelity/Chicago Title, who discussed its attempts to refinance/and or acquire the hotel project. At that hearing, Mr. McOsker requested a copy of the tax lien that had been filed and the TOT amount that was currently outstanding as they anticipated closing the refinancing no later than April 17, 2006. The requested document was provided. Also, discussed at the hearing was the request by the City to pay the outstanding amount of TOT taxes, including penalties and interest, from the refinancing. I had been under the impression that the payment would be made from, or as part of, the refinancing/closing. Based upon their progress expressed by the operator and Fidelity/Chicago Title at the February 21, 2006 hearing, the final decision to revoke the TOT permit was continued to April 18, 2006 to allow the parties to complete the refinancing. On April 18, 2006, a hearing was held to continue to consider the revocation of the operator's license and too obtain an update of the progress of the refinancing. At this meeting, the attorney for Fidelity/Chicago Title represented that a new legal entity Village Resort LLC had been formed to take over the hotel project and that the transaction was expected to close on April 21, 2006. They also stated that they had sent a letter to the City (Attachment A) which requested tying the repayment of the outstanding TOT from October 1, 2004 to May 1, 2005 from Casitas Las Rosas LLC to a future TOT rebate agreement collected at the project. As I stated during the hearing, I do not consider it appropriate to tie the two issues together. Ms. Meyers had not seen the letter. For these two reasons, I am not considering the letter in reaching my decision. The attorneys representing Fidelity/Chicago Title requested payoff amounts for the outstanding TOT for April 21, 2006 and May 1, 2006. (Attachment B) Decision of the Hearinq Officer As a result of not meeting the first deadline of October 31, 2005, the second deadline of January 31, 2006 and the third deadline of April 17, 2006, the decision of the Hearing Officer is as follows: The operator has until the end of business (5:00 pm) on Monday May 1, 2006 to remit the outstanding TOT, with penalties and interest. At May 1, 2006, the amount owed is $1 1 1,835.54. If payment is not received by that date and time, the TOT permit issued by the City of La Quinta to the operator will be automatically revoked at the expiration of the 10-day appeal period, referenced below, if no appeal has been filed. After the revocation becomes effective, it will be unlawful for the operator to continue to rent the casitas units. Appealing the Decision Pursuant to the City of La Quinta Municipal Code 2.04.110 you or any person objecting to the revocation of the permit may appeal this decision within 10 days of service of the notice of this decision. Any appeal should be delivered to the City Clerk's office at City Hall. A copy of the Municipal Code sections 2.04.100 — 2.04.130 are enclosed (Attachment C) . Sincerely, John M. Falconer Tax Administrator Enclosures: Attachment A - TOT Amounts Due Attachment B - Status of the Santa Rosa Plaza Hotel Attachment C — City of La Quinta Municipal Code 2.04.100 -130 Other Attachments of Previous Meetings cc: Tim McOster, Christensen, Miller et al via telecopier and certified mail M. Katherine Jenson, City Attorney ATTACHMENT 2 LAW OFFICES CHRISTENSEN, MILLER, FINK, JACOBS, GLASER, WEIL & SHAPIRO, LLP 10250 CONSTELLATION BOULEVARD RECEIVED NINETEENTH FLOOR Los ANGELES, CALIFORNIA 900��OS flPR `$ An 10 33 (310) 553-3000 FAX (310) 556-2920 DIRECT DIAL NUMBER April 27, 2006 (310) 556-7890 EMAIL: TMCOSKER@CHRISMILL.COM VIA OVERNITE EXPRESS June Greek, City Clerk City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 CITY OF LA CUINTA C I T Y C L C R I" 17G w@fFTFj �AE FIRMS WORLDWIDE Re: Notice of Appeal of the Tax Administrator's April 19, 2006 Determination RelZardinIZ the Revocation of Casitas Las Rosas, LLC's Transient Occupancy Tax Permit. Dear Mrs. Greek: We represent Village Resort, LLC, a California limited liability company ("Village Resort"), the current owner of certain property located at 50-777 Santa Rosa Plaza, La Quinta, California 92253 (the "Property"), which is the site of a hotel in the process of being franchised as an Embassy Suites Hotel (the "Hotel"). Village Resort is a subsidiary of Chicago Title Insurance Company, both of which are collectively referred to herein as "Chicago Title." Chicago Title hereby appeals the April 19, 2006 decision of John Falconer, the Tax Administrator (the "Tax Administrator") for the City of La Quinta (the "City"), revoking Casitas Las Rosas, LLC's ("Casitas Las Rosas") Transient Occupancy Tax ("T.O.T.") Permit, unless the outstanding T.O.T., in the amount of One Hundred Eleven Thousand Eight Hundred Thirty -Five and 54/100 Dollars ($111,835.54) (the "Outstanding T.O.T."), is paid by Monday, May 1, 2006. More specifically, Chicago Title appeals the May 1, 2006 deadline and seeks an extension of time for the reasons set forth herein. The basis for Village Resort's appeal is that in the process of Chicago Title's April 21, 2006 acquisition of the Property, Chicago Title was informed of at least two (2) alternative T.O.T. rebate proposals by the City (the "City's T.O.T. Rebate Offers"), which Offers came at different times in the Hotel development process, and which Offers Chicago Title relied upon in making its decision to complete the purchase of the Hotel. Prior to Chicago Title's acquisition of the Property on April 2.1, 2006, and in response to the City's T.O.T. Rebate Offers, Chicago Title offered to pay one hundred percent (100%) of the Outstanding T.O.T., and requested a T.O.T. rebate agreement in accordance with the City's T.O.T. Rebate Offers. C .; 5 459169 June Greek April 27, 2006 Page 2 As of the date of this Notice of Appeal, we have not yet received a response to our most recent offer to the City, which offer was made in a letter from Fred Parvey to the Mayor and the City Council Members, dated April 13, 2006. We hereby appeal the May 1, 2006 deadline for the payment of the Outstanding T.O.T. in order (1) for the City to have time to respond to Chicago Title's most recent offer regarding the T.O.T. rebate agreement, and (ii) for Chicago Title to have sufficient time to select an acceptable replacement operator for the one hundred forty-four (144) Casitas generating the T.O.T. Nothing contained herein is intended as, nor should it be deemed to constitute, a waiver or relinquishment of any of our client's rights or remedies, whether legal or equitable, all of which are hereby expressly reserved. Si .cereWsker mothy B. of CHRISTENSEN, MILLER, FINK, JACOBS, GLASER, WEIL & SHAPIRO, LLP TBWsmt cc: Mr. Fred Parvey Roger H. Howard, Esq. Mr. Danny Brown Ms. Bridget Myers (I J 459169 SHIPMENT NUMBER: 30306-100048-333 1 of 1 (800) OVERNITE INTERNAL BILLING REFERENCE ACCOUNT NUMBER 00265-00345-038 30306 WWW.overniteexpreSS.com EORG10 ACCOUNT# (OPTIONAL) DATE 3rd PARTY BILLING 04/27/2006 ... 1.1.1.9 DELIVER TO 1(760) PHONE # 777-7002' FROM (YOUR NAME) YOUR 1(310) PHONE # Sarah Tyerman 553-3000 June Greek COMPANY COMPANY Miller, Fink, Jacobs, Glaser, Weil & Shapiro City of La Quinta Christensen, STREET (WE CANNOT DELIVER TO PO BOXES) FLOOR OR SUITE STREET FLOOR OR SUITE 10250 Constellation Blvd. 19th Floor 78-495 Calle Tampico iT E CITY A ZIPCODE 92253 CITY STATE ZIPCODE (REQUIRED) Los Angeles CA 90067 La Quinta Morning Overnite 121 Residence ❑ Declared Value ❑ COD AMOUNT I AUTHORIZE RELEASE OF THIS SHIPMENT WITHOUT SIGNATURE OF RECIPIENT. 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(A Q CONSOLINA TAMBURRI McOSKER TIMOTHY BRENNAN MCOSKER 515 ALBRO ST. 310-831-3882 SAN PEDRO, CA 90732 PAY TO THE ORDER OF_ lY g 90-8033/3222 1234 OOooassas DATE .................... `DOLLARS 8� I" �LOS ION I v 12366 Firestone Blvd., Norwalk, CA 90650 MEMO 3 2 2 28033D: L 234111000086645 2118 -41 �3 CHRISTENSEN MILLER Fax:310-556-240 LAW OFFICES Ci-iRISTENSF—N, GL.ASF—R� FIINK� JACORSO WEIL & SN,&PIRO, LLF- 10250 CON8TE�-LATIaN 15oULEVARD NINETEENTH FLCJR L05 AN6ELES, CALIFORNIA 90067 1 °� E C 1E 1 ! P i:�, MFR4TAS; f Ativ KCRla ul�i t��tf b nill Y 16 A 0 FROM: Sarah Tyerman C i i Y 01 L�,,. U li i; il1_�� n�rr n� t7lV r-r—��r DATE: May 15, 2006 TO: Ms. June Greek, City Clerk City of La Quinta 6 M 15 2006 06;52wn V001 e-4 C `! (,Z � s FAX TRANSMISSION TELEPHONE NO.: (310) 553-3000 FACSIMILE NO.: (310) 556-2920 Number of Pages- 14 (including thispage) Client Reference No.: 00265- 00345-038 FAX NO.: (760) 777-7107 CONFIRMATION NO: (760) 777-7002 Sender's Comments: Attached please find Brief re Appeal of Determination Revoking Transient Occupancy Permit re Casitas Las Rosas.n The original is being sent via Overnite Express for morning delivery to your attention_ If you have received this transmission in error, please call (310) 553-3000, ext. 3338 and mail it to the above address. Thank you. NOTE: THE INFORMATION CONTAINED IN THIS FAX MESSAGE IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENTS NAMED ABOVE_ THIS MESSAGE MAY BE AN ATTORNEY —CLIENT COMMUNICATION AND, AS SUCH, IS PRIVILEGED AND CONFIDENTIAL_ IF THE READER OF THIS MESSAGE IS NCT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT YOU HAVE RECEIVED THIS DOCUMENT IN ERROR, AND THAT ANY REVIEW, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE BY MAIL. THANK YOU_ C 39 460251 v1 CHRISTENSEN MILLER Fax:310-556-2406 May 15 2006 06:52pm P002 LAW OFF) G1nS CHRISTLNSEN, GLASER� FINK, JACOBS, V V-1L & SHAPIFZO, LL.P � �t 10280 COKSTELLATIOC� BOULEVARD ` I-- C 1- t V E D DIRECT DIAL 6VUMBER (310) 536-7a90 EMAIL. TMcO5KER(jDcrtRIr.F41". --00M NiNL-rre wrH FLOOR Los AW69Les, CALIFORNIA 50067 (3 1 0) 553-s000 FAX (310) 536-2920 May 15, 2006 VIA FA►,CSIMILE AND OVERNITE EXPRESS City of La Quinta Mayor and Members of the City Council 78-495 Calle Tampico La Quinta, California 92253 2096 MY 16 An 7 50 CITY o, r-Fv'S OFFICE 11 wltITAS LAW FIRMS WORLDWIDE Re: Appeal of J)etermination Revokin Tramsier>�t Occu anc Permit (Casitas Las Rosas). Honorable Mayor and Members of the City Council. We represent Village Resort, LLC, a California limited liability company ("Village Resort'), the current owner of certain real property located at 50-777 Santa Rosa Plaza, La Quinta, California 92253 (the "Property"), which is the site of a one hundred and forty-six (146) room hotel in the process of being franchised as an Embassy Suites Hotel (the "Hotel"). Village Resort is a subsidiazy of Chicago Title insurance Company (Village Resort and Chicago Title are collectively referred to herein as "Chicago Title"). The purpose of this letter is to provide f uthear information and argument regarding Chicago Title's appeal of the April 19, 2006 decision of John Falconer) the Tax Administrator (the "Tax Administrator') for the City of La Quinta (the "City"), revoking Casitas Las Rosas, LLC's ("Casitas Las Rosas") Transient Occupancy Tax ("T.O.T.") Permit, unless the outstanding T.O.T., in the amount of One Hundred Eleven Thousand Eight Hundred Thirty -Five and 54/100 Dollars ($111,835.54) (the "Outstanding T.O.T."), is paid by Monday, May 1, 2006. More specifically, Chicago Title appealed the May 1, 2006 deadline and sought an extension of time. I. Summary of Facts. Santa Rosa Plaza, LLC, a California 1izoited liability companY, and Casitas Las Rosas (collectively, the "Developers") undertook to build the Hotel on the Property. In so doing, R.E- Loans, LLC (the "tender") loaned the Developers Thirteen Million Nine Hundred Thousaud Dollars ($13,900,000), which loan. was (i) evidenced by a Note Secured by Deed of Trust, dated September 15, 2003, and (ii) secured by a Construction Deed of Trust of even date and recorded in the Official Records of Riverside County on September 19, 2003 as Document Number 2 734615 (the "Deed of Trust"). The Note and the Deed of Trust are collectively referred to herein as the "Loan". In addition to being secured by the Property, the Loan was also secured by P) 4 4!,9r5 CHRISTENSEN MILLER Fax:310-556-2406 May 15 2006 06:52pm P003/014 Mayor and Members of the City Council Mav 15, 2006 Page 2 the real property upon which the Developers constructed one hundred forty-four (144) condominium units (collectively, the "Casitas"). The Property, the Motel, and the Casitas are collectively referred to herein as the "Project". The Developers defaulted on the Loan and on February 23, 2005, the Lender commenced foreclosure proceedings against the Property and the Casitas. In addition to defaulting on the Loaul and as a result of delays in completing the Project, Casitas Las Rosas was unable to pay the Outstanding T_O.T_ As a result of Casitas Las Rosas' failure to pay the Outstanding T_03., on June 20, 20057 the City recorded a Certificate of Tax Lien against Casitas Las Rosas in the amount of Ninety Thousand Five Hundred Seventy -Three and 45/100 Dollars ($90,573.45) (the "Tax Lieu") m the Official Records of Riverside County as Document Number 2005-0486635. The Tax Lien states that it "constitutes a lien upon all real property in the County of Riverside, State of California of [Casitas Las Rosas]" and that it "has the force, effect and priority of a judgment lien and shall otherwise continue for ten years from the time of filing of the certificate unless sooner released or otherwise discharged." On February 3, 2006, Chicago Title purchased the Loan as part of a refinancing and work-out of the Project (the "Project Work -Out"), and thereby acqui-red all of the rights and obligations of the Lender. As part of the Project Work -Out, Chicago Title: (i) paid off all of the project's secured debt; (ii) halted the foreclosure proceedings against the Casitas; (ill) resolved the claims of over seventy-five (75) lienholders; (lv) purchased near furniture, fixtures and equipment for the Project; and (v) continued working to complete the construction of the Hotel. On April 21, 2006, Chicago Title foreclosed on the Property and acquired title to the Property, in the name of Village Resort, LLC. II. A.rgumemt on Appeal. A. As a Matter of Law, Chicago Title is Not Obligated to Pay the T.O.T. Owed by Casitas Las Rosas. Chicago Title is not obligated to pay the Outstanding T_O.T. owed by Casitas Las Rosas. Section 3.24.180 of the La Quinta Municipal Code and the Tax Lien provide that the Tax Lieu "has the force, effect, and priority of a judgment lien." However, the purchaser at the foreclosure sale of a senior deed of trust receives title free and clear of a junior judgment lien. The Tax Lien was recorded on June 20, 2005, and was therefore junior to the Deed of Trust recorded on September 19, 2003. Chicago Title's foreclosure of the Property on April 21, 2006 eliminated the Tax Lien. Therefore, Chicago Title received title to the Property free and clear of the Tax Lien and is not legally obligated to pay the Tax Lien_ (�,-; il I 4`9Z55 CHRISTENSEN MILLER Fax:310-556-2406 May 15 2006 06:52pm P004/014 Mavor and Members of the City Council , May 1.5, 2006 f'a.ge 3 B. Irrespective of Whether the Tax Lien Is Enforceable Against Chicago Title, Chicago Title Seeks Additional Time in Order for the City to Negotiate a Resolution of the Prior T.O.T Rebate Offers. Irrespective of whether or not the Tax Lien is enforceable against Chicago Title, Chicago Title seeps additional time from the City in order to pay the Outst, ding T.O.T_ and negotiate an agreement with the City and the La Quinta Redevelopment Agency (the "Agency') to rebate to Chicago Title a portion of the T.O.T. generated by the Project for a term of years (the "T.O.T. Rebate Agreement") for the purpose of assisting in the opening and early operation of the Hotel. 1. Chronology of T O T Rebate Agreement Offers. In a letter dated June 12, 2002, the Agency informed the Developers that its staff was in the process of drafting a T.Q.T. Rebate Agreement for Three Million Four Hundred Thousand Dollars (S3,400,000) to assist the Developers with the completion of the Hotel (please see the offer attached hereto as Exhibit "A!')- While no agreement for that offer from the Agency was ever completed, discussions with the City and Agency for a T.O.T. Rebate Agreement continued with the Developers. As recently as January 4, 2006, the City again offered the Developers a T.O.T. Rebate Agreement for up to Three Million Four Huidred Thousand Dollars ($3,400,000) on the Hotel only (please see the offer attached hereto as Exhibit "E )_ Again, no such agreement was presented to the Developers or Chicago Title. On April 13, 2006, as part of the Project Work -Out, Chicago Title wrote to the City Council detailing Chicago Title's offer to pay the Tax Lien and to negotiate a T.O.T. Rebate Agreement (letter attached hereto as Exhibit "C"). As consideration for the T.O.T. Rebate Agreement, Chicago Title offered to open the Hotel on June 1, 2006_ In so doing, Chicago Title would create a benefit to the La Quinta coznmumty. The early opening, although providing a community benefit, would cause Chicago Title to operate at a loss. Thus, the monies generated to Chicago Title by the T.O.T. Rebate Agreement would work to counter the losses suffered by Chicago Title as a result of an early opening, Clijeago Title, to this day, has not received a response to this letter. On A.pnl 18, 2006, during the hearings regarding the Tax Lien, Chicago Title argued that both the Tax Lien and the T.O_T. Rebate Agreement should be resolved together as part of a "global solution." The Tax Administrator, however, indicated that he was unable to resolve the T.O.T. Rebate Agreement issues because such issues are within the province of the City Council. CHRISTENSEN MILLER Fax:310-556-2406 May 15 2006 06:53pm P005/014 Mavor and Members of the City Council May 15, 2006 Page 4 On May 9, 2006, City staff informed a representative of Chicago Title that the City was prepared to offer a T_O.T. Rebate Agreement. The offer was for an agreement of two years only, with a rebate of forty percent (40%) in the first year, and a rebate of twenty percent (20%) in the second, and final, year. While Chicago Title appreciates the City's coritinued willingness to consider the negotiation of a T.O.T. Rebate Agreement, as evidenced by the City's May 9, 2006 offer, it is too far from the previously authorized Three Million Four Hundred Thousand Dollars ($3,400,000) and will not compensate Chicago Title for the losses it will suffer as a result of opening the Hotel early. Thus, Chicago Title stands by its request for a T.O.T. Rebate Agreement for Three Million Four Hundred Thousand Dollars ($3,400.000). 2. Reasons Why Chicago Title Needs a 3.4 Million T.O.T. Rebate Agreement. (i) A $3.4 million T_0_T. Rebate Agreement will help to compensate Chicago Title's current and future expenditures and losses. Chicago Title has spent over Thirty Million Sic Hunched Thousand Dollars ($30,600,000) acquiring and completing all of the improvements to the Hotel. Chicago Title expects that the additional costs to open the Hotel and to male it operational are approximately another Three Million Dollars to Six Million Dollars (S3,000,000-6,000,000), depending upon the opening date and other related decisions. Based upon the fact that Chicago Title has expended over Thirty Million Six Hundred Thousand Dollars ($30,600,000), and expects to spend over Three Million Dollars (S3,000,000.00) more to make the Hotel operational, Chicago Title seeks the assistance that was offered by the City to the Developers -in the form of a T.O_T_ Rebate Agreement. The T.O.T. Rebate A,greenimt would allow Chicago Title to justify an opening of the Hotel in June, and provide some relief from the losses that will be experienced by a potential. Summer opening. Without such a T.O.T. Rebate Agreement, Chicago Title will have to consider other options 1n order to avoid the operating losses of the Hotel, including opening the Hotel sometime after January 1, 2007. The T_O.T. Rebate Agreement played a urge part in. Chicago Title's decision to purchase the Loan and to undertake the Project Work -Out. Absent the assurance by the City and the Agency that a T.O.T. Rebate Agreement would be executed, Chicago Title would not have purchased the Loan and undertook the Project Work - Out. In its June 12, 2002 letter, the Agency informed the Developers that it was drafting a a5;rM CHRISTENSEN MILLER Fax.-310-556-2406 May 15 2006 06:53pm P006/014 Mayor and Members of the Czty Council May 15, 2006 Page 5 T_O_T_ Rebate Agreement that would provide the Developers with Three Million Four Hundred Thousand Dollars (S3,400,000). The Agency's statement played a significant part in Chicago Title's assessments regarding whether it could undertake the enormous task of completing the development of the Hotel. If Chicago Title had thought that there was any doubt as to whether the City and Agency would execute a T.O.T_ Rebate Agreement for Three Million Four Hundred Thousand Dollars (S3,400,000), Chicago Title would not likely have decided to embark on the project Work -Out. 111. Conclusion. Chicago Title requests that the City Council grant its appeal, extend the time period for payment of the Tax Lien, and authorize the execution of a T.O.T. Rebate Agreement in exchange for the early opening of the Hotel. IHilo MY A- Jvl.v�nvx of CERrSTENSEN, GLASER, FINK, JACOBS, WELL & SHAPIRO, LLk TBM/smt cc- Thomas P. Genovese, City Manager Katherine Jenson, City Attorney 4 NY25s CHRISTENSEN MILLER Fax:310-556-2406 May 15 2006 06:53pm P007/014 EXHIBIT "A" CHRISTENSEN MILLER Fax:310-556-2406 May 15 2006 06:53PM P008/014 .y P.Q. Box. 1504 78-495 CALLE TAMPICO (760) 7 7 7 - 7 0 0 0 LA QUINTA, CALIFORNIA. 92253 FAX (760) 777-7101 June 12, 2002 Daniel Brown, Managing Partner Santa Rosa Plaza P.O. Box 1503 La Quinta, CA 92253 Dear Mir. Brown: This letter is transmitted to confirm that the La Quinta Redevelopment Agency Board has authorized staff to formulate an agreement for future Agency consideration that would facilitate financial participation in your La Quinta Embassy Suites project. Agency legal counsel is drafting an agreement that, if approved, would provide approximately $3.4 million, structured in a manner that insures full repayment to the Agency within a reasonable time period. Staff endeavors to transmit a draft of this agreement to you for review within the next ten days. Please call me at (160) 777-7035 if you have questions regarding this matter. Thank you. Sincerely, kiark Weiss Assistant Executive Director c: Thomas P. Genovese, Executive Director Kathy Jenson, Agency Counsel Frank Spevacek, RSG e g:k'sdoc.1mwidbrownS 1202 C 116 CHRISTENSEN MILLER Fax:310-556-2406 May 15 2006 06:53pm P009/014 EXHIBIT "B" CHRISTENSEN MILLER Fax:310-556-2406 May 15 2006 06:53PM P010/014 P.O. Box 1504 LA QUINTA, CALIFORNJA 92247-1504 78-495 CALLR TAMPJCo (760) 777-7000 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7103 January 4, 2006 Mr, Daniel Brown Santa Rosa Plaza LLC P. O. Box 1503 La Quinta, CA 92247-1503 Re: Transient Occupancy Tax Rebate Agreement Dear Mr. Brown The City Council met yesterday in closed session to further discuss the proposed Transient Occupancy Tax ("TOT") rebate agreement. The City Council has . agreed to move forward with the agreement; however, the 40% TOT rebate will apply only to the hotel -generated TOT, and not to the privately -owned casltas units. The term will be for eight years, and the agreement will become null and void when hotel refinancing occurs. The maximum TOT rebate amount is $3.4 million. Our City Attorney will draft a TOT Rebate Agreement, and will forward the draft to you, your attorney, and your lenders. Once all parties have agreed to the terms and conditions, The agreement will be scheduled for City Council consideration. Please contact Frank Spevacek at (714) 335-2232 if you should have any questions. Sincerely, Thomas P, Genovese City Manager C: M. Katherine Jenson, City Attorney Frank Spevacek, Rosenow Spevacek Group CHRISTENSEN MILLER Fax:310-556-2406 May 15 2006 06:53Pm P011/014 EXHIBIT "C" 19 CHRISTENSEN MILLER Fax:310-556-2d06 May 15 2006 06:53pm P012/01d CMCAGU TITLE INSURANCE 601. RWERSD3E AVENUE, JACRSONvTLE, F-L 32204 *eo April 13, 2006� City of La Quinta Mayor and Members of the City Council P.O. Box 1504 La Quinla., California 92247-1504 Re: Status of the Santa Rosa plaza Hotel .Honorable Mayor and Members of the City Council: This is to follow up ou our recent Weefi gs. The purpose of this letter is to provide the Mayor and the Members of the City Council (the "City') with a status report regarding the construetiom mad development of the Santa Rosa plaza Motel (the "Hotel" or "Projecf) and Chicago Title insurance Company's ("Chicago Title') intentions with resper t to the completion and operation of the Hotel. First, Chicago Title understands that the City is fimtrated and disappointed by the inability Of the current developers (the "Developers") to complete the Project. However, Chicago Title expels to own the Project before the end. of April 2006 and is committed to the completion and success of tho Project as evidenced by, among other things, the fact that Chicago Title has: (i) paid off all of the Hotel's secured debt; (ii) halted the ;foreclosure proceedings against the condominiums affected by the secured debt (the "CasitW ); (ii i) resolved the claims of over seventy-five (75) lieu holders (and is wntinidug to resolve any and all outstanding claims); (iv) purcha,�ed new furniture, f btE s and egnipment for the Hotel; and (v) is working to complete the construction of the Hotel. By the time that the Project is completed, Chicago Title an&or its affiliates wilt have invested more than Thirty Three Million and No/100 Dollars ($33,W0,000) in the Project. Chicago 'Title has formers a new entity, Village Resort, LLC ("Village Resort', which will own and control one hundred percent (100"Yo) of the Hotel. As you know, Chicago Title has been working with the Developers to assist Vfllage Resort m completing the Had, however, contrary to various rumors, Village Resod will have sole coa rol amd authority over all of the Hotel's operations, the relationsbip with. the Homeowners Association and the owners of the C,asitas, and the future management of the Casitas. Cblcago Title hoped to have the Hotel opened and frilly operational. in May or June, 2006. However, ia order to avoid substantial operating losses as a result of missing the surer season, Chicago Title's consultants have suggested that Chicago Title delay the opening of the Hotel CHRISTENSEN MILLER Fax:310-556-2406 May 15 2006 06:53pm P013/014 until the Fall of 2006. As of today, no fmn d decision has been made wr.th respect to the tang of to Hotel's opening_ Such decision is dependent upon many factors, including the selection of the ,uew operating arrd management company for the Hotel and the Caritas. Over the past two months, Chicago Title has consulted with numerous hotel experts who have advised it: (i) to explore and weigh the pros and cons of franchising the Hotel as an Embassy Suites or Sheraton flagship; (u) that the same operatin; and management company should opmte and mange both the Hotel and Caritas in order to maxw= occupancy and reuW rtes for both; (ii,i) that there are numerotrs potential operating and management companies, including Hilton Management, interstate Hotel Resort & Maua.gemeut, and Rembigton Hotel Management, who are interested in operating and managing the Hotel and Caritas; and (iv) that it should first interview and work with Hilton M inagement because, according to the hotel experts, they are the most effective and reputable company to operate and manage both the Hotel and the Caritas. With respect to the selection of a "flagship," Chicago Title is exploring a relationship with Sheraton Hotels who would like to brand both the Hotel and the Caritas under the "Sheraton flagship" and the Stanwood Rewards System. Concurrently, Chicago Title is also meeting with Hilton Hotels with respect to its strong desire to have an Embassy Suites flagship and to mamige the Caritas. Based upon Chicago Title's preliminary analysis, it appears that Embassy Suites has the most resources and knowledge about the P rc jest which would result in; (i) an earlier opening of the Hotel and the immediate transfer of management of the Caritas from the Developers; and (ii) maximization of occupancy and rend rates. Chicago Title hoped to be further along in this selection process, however, the proposed operating and management companies have been slow to respond and the provide Chicago Title with all of the financial inforwation and data that it has requested. Chicago Title is hopeful that it will have all of the proposals in hand and be able to finalize the selection of, and contracts for, the operating and management company and "flagship" within the next thirty (30) days. Chicago Title is also aware of the past due Transient Occupancy Tax ("T.O.T.") owed by the Developers on the Caritas rentals and has participated in recent tax hearings with the City on this matter. Chicago Title is committed to resolving the past due T.O.T. issues, but would like to resolve the outstanding T.O.T. rebate issues in both, the Hotel and Caritas on a "go forward" basis. Chicago Title makes the following proposal to the City m ran for its continued support and cooperation. First, upon execution of a T.O.T. rebate agreement, Chicago Title will pay one hundred percent (100%) of all past due T.O.T. taxes and interest owed by the Developer's. Second, the T.O.T. rebate agreement shall provide that Chicago Title will be entitled to receive a forty percent (40`�0) T.O.T. rebate for T.O.T. generated by both the Hotel and the Caritas, with a maximuxx� T.O.T. rebate amount of Three Million Four Hundred Thousand and Noll00 Dollars ($3,400,000). Thud, although Chicago Title was planning, pursuant to the advice of its consultants, to open the Howl to the public in the Fall of this year, Chicago Title would like to open on Tune l , 2006 instead, thus creating a benef t to the commnWty, though a financial loss for Chicago Title. CHRISTENSEN MILLER Fax:310-556-2406 May 15 2006 06:54pm P014/014 hi closing, Chicago Title would like to reiterate its appreciation of the City's continued patience. Chicago Title is truly progressing as fast as possible, and many of the delays are out of its control. Chicago Title hopes that the City has witnessed the tremendous progress it has made towards completion of the Project and looks forward to a positive working relationship with the City and to waking the Hotel as asset to the La Quinta community. Very truly yours, Fred Parvey Senior Vice President Director, Corporate Real Estate and Const mu ou cc: Thomas P. Genovese, City Manager Katherine Jenson,, City ,Attorney MAY 16 2006 11:29 FP FNF 9040544253 TO 917607777101 P.02 CHICAGO TITLE INSURANCE 601 RIVERSIDE AVENUE, JACKSONVILLE, FL 32204 MAY 16, 2006 VIA 1F'A.CSJMILE AND FEDEX City of La Quinta Mayor and Members of the City Council 78-495 Calle Tampico La Quinta, CA 92253 0 cc " 4 c�c Re: Appeal of Determination Revoking Transient Occupancy Permit (Casitas Las Rosas). Honorable Mayor and Members of the City Council: I am the Senior Vice President and the Director of Corporate Real Estate and Construction for Fidelity rational Financial ("FNF''). I am also the Senior Vice President of Village Resort, LLC, a California limited liability company ("Village Resort"), the current owner of certain property located at 50-777 Santa Rosa Plaza, La Quinta, California 92253 (the "Property"), which is the site of a one hundred and forty six (146) room hotel in the process of being franchised as an Embassy Suites Hotel (the "Hotel"). Village Resort and Chicago Title Insurance Company are each wholly -owned subsidiaries of FNF. FNF, Chicago Title Insurance Company and Village Resort are all collectively referred to ,herein as "Chicago Title." I have previously written to you regarding the Property and the Hotel and have attached a copy of that letter dated April 13, 2006. The purpose of this letter is to provide you with an iternization of the costs that Chicago Title has incurred thus far, and estimates of the costs that Chicago Title will incur for the future development of the Hotel. The objective in providing you with this breakdown is to illusrrate for you why it is imperative to Chicago Title that a Transient Occupancy Tax ("T.O,T.") Rebate Agreement ("T.O.T. Rebate Agreement") be executed with the City of La Quinta (the "City"), based upon, among other factors, the extraordinary amount of money that we have already expended and which we anticipate spending, should the Hotel be opened in the near future. I. Why, Chicago Title Is Developing the Hotel. Santa Rosa plaza, LLC, a California limited liability company, and Casitas Las Rosas (collectively, the "Developers") undertook to build the Hotel. In so doing, R.E. Loans, LLC (the; "Lender") loaned the Developers Thirteen Million Dine Hundred Thousand and No/ 100 Dollars (S13,900,000.00), which loan was (i) evidenced by a dote Secured by Deed of Trust, dated September 15, 2003, and (h) secured by a Construction Deed of Trust of even date and recorded dol 2^(% MAY 16 2006 11:29 FR FNF 9048544253 TO 917607777101 P.63 Mayor and Members of the City Council May 16, 2006 Page 2 in the Official Records of Riverside County on September 19, 2003 as Document Number 2003- 734615 (the "Deed of Trust"), The Note and the Deed of Trust are collectively referred to herein as the "Loan". In addition to being secured by the Property, the Loan was also secured by the areal property upon which the Developers constructed one hundred forty-four (144) condominium units (collectively, the "Casitas"). The Property. the Hotel, and the Casitas are collectively referred to herein as the "Project". The Developers defaulted on the Loan and on February 23, 2005, the Lender commenced foreclosure proceedings against the Property and the Casitas. In addition to defaulting on the Loan, and as a result of delays in completing the Project, Casitm Las Rosas was unable to pay the outstanding Transient Occupancy Tax ("T.O.T."), in the amount of One Hundred Eleven ThouSand Eight Hundred Thirty -Five and 54/100 Dollars (St 11,835.54) (the "Outstanding T.O.T."). As a result of Casitas Las Rosas' failure to pay the Outstanding T.O.T., on June 20, 2005, the City recorded a Certificate of Tax Lien against Casitas Las Rosas in the amount of Ninety Thousand Five Hundred Seventy -Three and 45/100 Dollars ($90,573.45) (the "Tax I,ien") in the Official Records of Riverside County as Document Number 2005-0486635. The Tax Lien states that it "constitutes a lien upon all real property in the County of Riverside, State of California of [Casitas Las Rosas]" and that it "has the force, effect and priority of a judgment lien and shall otherwise continue for ten years from the time of filing of the certificate unless sooner released or otherwise discharg ed." On February 3, 2006, Chicago Title purchased the Loan as part of a refinancing and work-out of the Project (the "Project Work -Out"), and thereby acquired all of the rights and obligations of the Lender. As part of Project Work -Out, Chicago Title: (i) paid off all of the Projeet's secured debt; (ii) halted the foreclosure proceedings against the Casitas; (iii) resolved the claims of over seventy-five (75) lienholders; (iv) purchased new furniture, futures and equipment for the Project; and (v) continued working to complete the construction of the Hotel. On April 21, 2006, Chicago Title foreclosed on the Property and acquired title to the Property, in the name of Village Resort, LLC_ II. Expenditures By Chicago Title. Chicago Title has spent over Thirty Million Six Huridred Thousand and No/100 Dollars ($30,600,000) acquiring and completing all of the improvements to the Hotel_ We expect that the additional costs to open the Hotel and to make it operational are approximately another Three Million and No/100 Dollars to Six Million and No/100 Dollars ($3.000,000-6,000,000), depending upon the opening date and other related decisions. (15 4 -4�1,„i, MAY 16 2006 11:29 FR FNF 9048544253 TO 917607777101 P.04 Mayor and Members of the City Council May 16, 2006 Page 3 More specifically, the current and anticipated expenditures for the Hotel are set forth in the table below. As the table illustrates, upon completion of the Hotel, Chicago Title expects to have spent over Seven Million and No/100 Dollars ($7,000,000) resolving the claims of over seventy-five (75) contractor lienholders. We expect to have paid off over Nineteen Million. Four Hundred Thousand and No/100 Dollars (x 19,400,000) of debt owed on the Property. And, we will spend over Three Million Five Hundred Thousand and No/100 Dollars ($3,500,000) in completion costs. Further, we forecast over Three Million Five Hundred "Thousand and No/100 Dollars ($3,500,000) of opening expenses, reimbursements, Chicago Title personnel costs, and miscellaneous operational costs will be required once conArIxction is complete and prior to making the Hotel operational. CURRENT AND ANTICIPATED COSTS; Contractor Settlements $7,187,362 Loans $19,493,520 Cost to Complete $3,509,586 Opening Expenses $3,043,595 Reimburseables $177,200 FNF/CTY paid $179,561 Miscellaneous O erational $274,741 TOTAL $33,865,565 111. The T.Q.T. Rebate ,Agreement. Based upon the fact that Chicago Title has expended over Thirty Million. Six Hundred Thousand and No/ 100 Dollars ($30,600,000), and expects to spend over Three Million and No/ 100 Dollars ($3,000,000.00) more to make the Hotel operational, Chicago Title seeks the assistance that was offered by the City to the Developers in the form of a T.O.T. Rebate Agreement. The T.O.T. Rebate Agreement would atlow Chicago Title to justify an opening of the Hotel in June, and provide some relief from the losses that will be experienced by a potential Summer opening. Without such a T.O.T. Rebate Agreement, Chicago Title will have to consider other options in order to avoid the operating losses of the Hotel, including opening the Hotel sometime after January 1, 2007. Furthermore. Chicago Title relied upon the offers made by the City and the La Quinta Redevelopment Agency of a Rebate Agreement when it purchased the Loan and undertook the Project Work -Out. Absent the City's promise that it would agree to a Rebate Agreement, Chicago Title would not have purchased the Loan nor would it have undertook the Project Work - Out. Thus, the City mast uphold its promise to execute the Rebate Agreement with Chicago Title. NAY 16 2006 11:29 FR FNF 9049544253 TO 917607777101 P.05 Mayor and Members Qf the City C OLMCil May 16, 2006 Page 4 IV. Conclusion. For the above -discussed reasons, we again ask the City Council to authorize a T.O.T. Rebate Agreement of Three Million Four Hundred Thousand and No/100 Dollars ($3,400,000.00)_ Chicago Titles proposal for such an agreement is the salve as that which was memorialized in my April 13, 2006 letter (attached hereto). First, upon authorization of a T.O.T. Rebate Agreement, Chicago Title will pay one hundred percent (100%) of all Outstanding T.O.T. Second, the T.O.T. Rebate Agreement should provide that Chicago Title will be entitled to receive a forty percent (40%) T.O.T. rebate for T.O.T. generated by both the Hotel and the Casita`S, with a maximum T.O.T. rebate amount of Three; Million Four Hundred Thousand and No/100 Dollars ($3,400,000). Third, although Chicago Title was planning, pursuant to advice of its consultants, to open the Ciotel to the public in the Fall of this year, Chicago Title will open mid -June 2006 instead, thus creating a benefit to the community, although a financial loss for Chicago Title. We appreciate your taking the time to consider our offer. Sincer , Fred Parvey cc: Thomas P. Genovese, City Manager Katherine Jenson. City Attorney " 46lz�(' MAY 16 2006 11:29 FR FNF 9048544253 TO 917607777101 P.06 CHTCA GO TIIIE INSURANCE 601 RIVERSME AVENT, E, JACKSOWULLE, 11., 3z204 April 13, 2006 City of La Qui iata Mayor and Members of the City Council P.C. Box 1504 La Quinta, California 92247-1 504 Re: Status of the S��R,�sa Plaza F otel Honorable Mayor and Members of the City Council: 93 This is to follow up on our recent meetings. The purpose of this letter is to provide the Mayor and the Members of the City Council (the "City") with a status report regarding the construction and development of the Santa Rosa Plaza Hotel (the "Hotel" or "Project") and Chicago Title hisi�ce Company's ("Chicago Title") intentions with respect to the completion and operation of the Hotel. First, Chicago Title understands that the City is frustrated and disappointed by the inability of the curreat developers (the "Developers") to complete the Project. However, Chicago Title expects to own the Project before the end of April 2006 and is cououifted to the completion and success of tho Project as evidenced by, among other things, the fact that Chicago Title has: (i) paid of all of the Hotel's secured debt; (h) halted the foreclosure prooeedi ags against the condominiurnl affected by the seared debt (the "Caritas"); (iii) resolved the clahns of over severity -five (75) lien, holders (and is continuing to resolve any and all eutstandixtg claims); (iv) purchased new furniture, fixtures and equipment for the Hotel; and (v) is working to complete the construction, of the Hotel. By the time that the Project is completed, Chico Title a &or its affiliates will have iuvested more than Thirty Three Million and No/I00 Dollars ($33,000,000) in the Project. Chicago Title has formed a new entity, Village Resort, I.LC (`Tillage Resoxf'), which will own and control one hundred percent (1001/4) of the Hotel. As you know, Chicago Title has been working with the Developers to assist Village Resort in completing the Hotel, however, contrary to various rumors, Village Resort will have sole control and authority over all of the Motel's operations, the relationship with the Homeowners Associ4on and the owners of the Caritas, and the future managernemi of the Caritas. Chicago 'title Doped to have the Hotel opened and fully operational in May or June, 2006_ However, in order to avoid substantial operating losses as a result of missing the summer seasozn, Cbicago Title's consuhants have suggested that Chicago Title delay the opening of the Hotel MHY 16 2006 1 1 : 29 FR FNF 9048544253 TO 917607777101 P.07 until the Fall of 2006_ As of today, no final decision has been made with respect to tbo timing of the Hotel's opening. Such decision is dependent upon 111any factors, including the selection of the new operating and management company for the Hotel and the Caritas. Over the past two months, Chicago Title has consulted with numerous hotel experts who have advised it: (i) to explore and weigh the pros and cons of franchising the Hotel as an Embassy Suites or Sheraton flagship; (ii) that the same operating and management company should opeyafe and made both the Hotel and Casitas in order to niax.inrize occupancy and rental rates for both; (iii) that there are numerous potential operating and management companies, including Hilton Marmgemeat, Interstate Hotel Resort & Management, and Remington Hotel Management., who are interested in operating and managing the Hotel and Caritas; and (iv) that it should first interview and work- with Hilton Management because, according to the hotel experts, they are the most effective and reputable company to operate and mmmage both the Hotel and the Caritas. With respect to the selection of a "flagship," Chicago Title is exploring a relationship with Sheraton Hotels who would hake to brand both the Hotel and the Caritas under the "Sheraton flagship" and the, Starwood Regards System, Concurrently, Uicago 'title is also meeting with Hilton Hotels with respect to its strong desire to have au Embassy Suites flagship and to manage the Casitas. Based upon Chicago Title's preliminary analysis, it appears that Embassy Suites has thr- most resources and knowledge about the Project which would result in: (i) an earlier opening of the Hotel and fe immediate transfer of management of the Caritas from the Developers; and (ii) maximization of occupaucy and rental rates. Chicago Title hoped to be further along in this selection process, however, the proposed operating and management comp3rdes have been slow to respond and the provide Chicago Title with all of the financial i,nformatiou and data that it has requested. Chicago Title is hopeful that it will have all of the proposals in hand and be able to finalize the selection of, and. contracts for, the operating and management company and "f lagsWp'' within the next thiAy (30) clays. Chicago Title is also awue of the past due Transient Ooeupaney Tax ("T.O.T.") owed by the Developers on the Caritas rentals and has participated in recent tax hearings with the City on this matter. Chicago Title is committed to resolving tl)e past due TAT. issues, but would like to resolve the outstanding T.O.T. rebate issues in both the Hotel and Caritas on a "go forward" basis. Chicago Title makes the folaowiug proposal to the City in return for its continued support and cooperation. First, upon execution of a T.O.T. rebate agreement, Chicago Title will pay oue hundred percent (X OOV) of all past due T.O.T. taxes and interest owed by the Developers. Second, the T.O.T. rebate agreement shall provide that Chicago Title will be entitled to receive a forty percent (40%) T.O.T. rebate for T.O.T. generated by both the Hotel and the Casitas, with a maximum T.O.T. rebate amount of 'Lilt Miffion Four Hundred Thousand and Noll W Dollars ($3,400,000). Third, although Chicago Tide was planning, pursuant to the advice of its consultants, to open the Hotel to the public in the Fall of this year, Chicago Title would like to open, on Julie 1, 2006 instead, thus creating a benefit to the community, though a finauciial loss for Chicago Title. MRY 16 2006 1 1: 30 FR FNF 9048544253 TO 917607777101 P. O8 In olosing, Chicago Title would like to reiterate its appreciation of the City's continued patience. Chicago Title is truly progressing as fast as possible, and many of the delays are out of its control. Chicago Title hopes that the City bas witnessed the tremendous progress it bas made towards ooxnpIctiori of the project and looks forward to a positive wozking relationship with the City and to making the Motel as asset to the La Quinta community. Very truly yours, AWV Fred Paz -Vey Senior Vice President Director, Corporate Real Estate and Construction cc: Thomas P. Genovese, City Manager Katherine Jenson.? City Attorney >+ * Tf1TAI PAGF _ AR **, WE, VACANT tFJI R"s------- — — --- — --- r _ - --t --- _ --- — — — — — — — 1 i a II _ •I `! . 41' - STREET t L I b�= rn g R`I o ya `r I� R9i +Q r2 3s t ,. I , .� - p{ 201 IPT i160 ' R ► I mow -t-->� _ C _ .s r ~ ' q , No ee' C F i a_ eoo' I � I � I I I. � � 3�� ,3(, I �•� Ic8 ' sTaeET r _. � ,_�r --O '1WFT70� A. r • Ks ti I ;; '� 4 !w.I i I •' �Sr ��•�a�a �y 7 -�� -' �Ye r 11 1. Ir _ lei \ I I l -20 T$ 11 O �o •x - �$•, � I � LI IjToovL i i ��d�EEE� � EE t III,i �r -I ;d�;N ,• i" I I I� •x' 11 ii I I N , tee Ile ==-- r �,'O _ •I.q (I I I I �. 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SPECIFIC PLAN D Dn `0 1 m Z --I CD z 7 VAONRO6 STMi&T- M 774 LOT 'A' wF 7 Pt' A� 0, IT LOT as to, iio x - ; 1�1� I*— •. - - _ _ I Z"O In 4• m Or m T LOT 3V 8-xee1 w ------- ------- . ... . zw: LOT IT 14 0- L97 44 01 D� c --- - ------- rNnc as tRT : ' .4 4 x LOT aoS 41;Vx TYrI LO� ,> lOT tY> LOT 307 LOT Loy 7 toy v an; jO_ y. a• 4or re tI 0; LOT A . LOT > C,s+L 7V '01— < OMO m 1 60 Ol LOT M LOT X" 0' to", 0— w2z CD co m z 1, 7 :T t to, T L i _M4 L LOT '1Z 'O's, A-; k S X-o 2 Ar; -0 ';LfoT 'N LOT S. LOT I tLOT M i 40 LOT to .2 OL2T.171 f L. to vo" to, i "T 41"lo 2 Ug' LOT I --7 % j. to, J31 MO LOT LOT lamx L07 to. < LOT 17 4M m LOT .ae 40, z _UA > C, ----- -- AxY "I I "" ;T W Z � . g - -�; " ___ or "6 " "tT m 4. "0 <0 m OT r. r— LOT "4 4 V�: %11 Rroit K;l --- --- R 00 L T —0 A to VA LOT L 7 7; > c r (A z !.rs 'o 0 rn v x;- LOT 206 r�lLOT I" to Lolnn Nk N LOT "I lOT 00 7 4,_ A�; LOT Ff E-; 1FL.ry LOT P� 4;t; 4- ',7 LOT sa M m to' to' wu IN ,M6 L (a z LOT ..V rn 0 m zo 2o LOT .'r— 4 �LOU _u LOT .1 > cz It � 14 > 'z At!; Rp rr fa m Z 0 Q_ R_ 11 r Z rn >A 8 Q Oil! �Z. m � f. ; 1 , '0 0 Z rr, I,- z Mill , o rJ7 it ;I Ai z g -4 1 >' 3 r- ;Rx AS jk 2 >M' xo> HIM m q M �M c [I 'Ma ca c z z m 9i 0 < m fT • z r 9411 o AIL\ c) >r m rn 0 > til r _. �r 66 m �10 > CA) (52) t 00 > m () > A z EXHIBIT 7 01 Date: IDMSA ONSUL , INC MAiNmRo, SmrrH & AwomM INC PLAN?allo a Cim ENORQMUNG x LAIM SURVEYWO 34200 BoB HOPE DRivE w RANcHo MmAGE x CA 92270 TELEmoNE (760) 320-98U a FAx (760) 323-7893 1 Tentative Tract Map THE ENCLAVE AT LA QUINTA, LLC. SPECIFIC PLAN MONROE STREET ..,.fir � .mi . .JI,. �.. '�- r., .-,:.. . , A ',• . /1 �.� t'n �:+ Z 1Ti i ♦ A - - a ...- ♦- i-•i:..:JC..t..- ' �.�w+...�.w4 '!I �'Fe- S'� - ze y. r c { hM f 9- � ,fit v .w rD n � v # j O w.• z f ,j Cell � +z rr _ __._ •� �ir.ts�gf. ._ram �ay.�• � ,�' z �` :. Z 0.6 Z. L ♦ 1 F; {` 77, - n F 'yj x 4- 'ItID r r � j• EXHIBIT 16 ID_ MSACONSULTING, INC MAINIERO, SMITH & ASSOCIATES, INC. PLANNING 0 CWTI, ENGINEERING u LAND SURVEYING 34200 BoB HOPE DRrvE a RANCHO MIRAGE a CA 92270 TELEPHONE (760) 320-98U r FAX (760) 323-7893 Date: 09 Illustrative Community Landscape Plan THE ENCLAVE AT LA QUINTA, LLC. SPECIFIC PLAN MSA kCONSUL M, INC MAINIERO, SMITH & ASSOCIATES, INC. PLANNING a CIvn. ENGINEERING z LAND SURVEYING 34200 BOB HOPE DRIVE RANcHo MmAGE a CA 92270 TELEPHONE (760) 320-98U : FAX (760) 323-7893 Date: 09/29/2005 Perimeter Street Landscape Cross -Section THE ENCLAVE AT LA QUINTA, LLC. SPECIFIC PLAN .ti EXHIBIT 29 MA mRo, SMITH & ASSOCIATES, INC. PLANNING a CIVIL ENGINEERING a LAND SURVEYING 34200 BoB HoPE DRIVE a RANcxo MIRAGE CA 92270 ' TELEPHONE (760) 320-98U r FAx (760) 323-7893 Date: 09/29/ 2005 Recreation Area Landscape Plan THE ENCLAVE AT LA QUINTA, LLC. SPECIFIC PLAN