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2007 10 16 CC1644444A City Council agendas are available on the City's web page @ www.la-quinto.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quints, California 92253 Regular Meeting TUESDAY, OCTOBER 16, 2007 3:00 P.M. Closed Session / 4:00 P.M. Open Session Beginning Resolution No. 2007-093 Ordinance No. 444 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. 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 acquisition of real property is considered. 1. CONFERENCE WITH CITY'S LEGAL COUNSEL REGARDING PENDING LITIGATION - SAVE OUR LA QUINTA NEIGHBORHOOD V. CITY OF LA QUINTA, RIVERSIDE SUPERIOR COURT CASE NO. INC066377, PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a). 0101 City Council Agenda 1 October 16, 2007 RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. PLEDGE OF ALLEGIANCE 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. CONFIRMATION OF AGENDA PRESENTATIONS — NONE WRITTEN COMMUNICATIONS — NONE APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF OCTOBER 2, 2007. 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 OCTOBER 16, 2007. 2. RECEIVE AND FILE TREASURER'S REPORT DATED AUGUST 31, 2007. 3. RECEIVE AND FILE REVENUE & EXPENDITURE'S REPORT DATED AUGUST 31, 2007, AND INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING SEPTEMBER 30, 2007. 4. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE PRINCIPAL ENGINEER TO ATTEND THE DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM ADMINISTRATORS' SUMMIT TO BE HELD IN SAN DIEGO, CALIFORNIA, OCTOBER 25-26, 2007. 0- 002 City Council Agenda 2 October 16, 2007 5. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE GOLF & PARKS MANAGER TO ATTEND THE GOLF COURSE SUPERINTENDENTS ASSOCIATION OF AMERICA'S INTERNATIONAL GOLF INDUSTRY TRADESHOW AND CONFERENCE HELD IN ORLANDO, FLORIDA, JANUARY 28 THROUGH FEBRUARY 1, 2008. 6. ADOPTION OF RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF ONSITE AND OFFSITE IMPROVEMENTS FOR TRACT MAP 31249, VILLAGE AT CORAL MOUNTAIN, ADOBE HOLDINGS, INC. 7. APPROVAL OF ART PURCHASE AGREEMENT WITH TRANS WEST HOUSING AND ARTIST DAVID L. SPELLERBERG FOR THE DESIGN AND CONSTRUCTION OF TWO ART PIECES AT GRIFFIN RANCH. 8. APPROVAL OF CONTRACT CHANGE ORDER NO. 6 FOR PROJECT NO. LMC 2005-08, CITYWIDE LANDSCAPE MAINTENANCE SERVICES FOR FISCAL YEAR 2007/2008. 9. DENIAL OF CLAIM FOR DAMAGES FILED BY BETH FEIST — DATE OF LOSS: JULY 20, 2007. 10. DENIAL OF CLAIM FOR DAMAGES FILED BY WARD YOUNG — DATE OF LOSS: JUNE 28, 2007. 11. APPROVAL TO PURCHASE A SHADE STRUCTURE FROM DAVE BANG & ASSOCIATES FOR THE LA QUINTA PARK. 12. ACCEPTANCE OF STATE FUNDING IN THE AMOUNT OF $100,000 FROM THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF). 13. ADOPTION OF A RESOLUTION MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a), AND AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE TEMPORARY PARKING LOT AT SILVERROCK RESORT, PROJECT NO. 2007-14. BUSINESS SESSION 1. CONSIDERATION OF MEMORANDUM OF UNDERSTANDING TO EXTEND THE COACHELLA VALLEY FRINGE -TOED LIZARD PERMIT TO ALLOW COMPLETION OF THE COACHELLA VALLEY MULTI -SPECIES HABITAT CONSERVATION PLAN. A. MINUTE ORDER ACTION '• 003 City Council Agenda 3 October 16, 2007 2. CONSIDERATION OF THE COACHELLA VALLEY MULTI -SPECIES HABITAT CONSERVATION PLAN, FINAL ENVIRONMENTAL IMPACT REPORT, AND IMPLEMENTING AGREEMENT. A. MINUTE ORDER ACTION STUDY SESSION 1. DISCUSSION OF SPHERE OF INFLUENCE EAST OF CITY LIMITS. 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 (KIRK) 5. C.V. CONSERVATION COMMISSION (SNIFF) 6. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (RON PERKINS) 7. C.V. MOUNTAINS CONSERVANCY (KIRK) 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 RESORT COMMUNITIES CONVENTION & VISITORS AUTHORITY (HENDERSON) 12. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 13. RIVERSIDE COUNTY CHILD SAFETY COMMISSION (HENDERSON) 14. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 15. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 16. SANTA ROSA/SAN JACINTO NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 17. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 18. SILVERROCK RESORT AD -HOC COMMITTEE 19. SPHERE OF INFLUENCE SUBCOMMITTEE 20. ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MINUTES FOR SEPTEMBER 5, 2007 21. HISTORIC PRESERVATION COMMISSION MINUTES FOR AUGUST 16, 2007 22. PLANNING COMMISSION MINUTES FOR SEPTEMBER 11 AND 25, 2007 • City Council Agenda 4 October 16, 2007 00? DEPARTMENT REPORTS 1. CITY MANAGER - NONE 2. CITY ATTORNEY — NONE 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING & SAFETY DEPARTMENT REPORT FOR SEPTEMBER 2007 5. COMMUNITY SERVICES DEPARTMENT REPORT FOR SEPTEMBER 2007 6. FINANCE DEPARTMENT REPORT — NONE 7. PLANNING DEPARTMENT REPORT FOR SEPTEMBER 2007 8. PUBLIC WORKS DEPARTMENT REPORT FOR SEPTEMBER 2007 9. POLICE DEPARTMENT REPORT FOR SEPTEMBER 2007 10. FIRE DEPARTMENT QUARTERLY REPORT — NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS — NONE RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7-00 P_M_ PUBLIC COMMENT 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. 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 consideration of that item. A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project. If you challenge a project 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. City Council Agenda 5 October 16, 2007 0 1107 1. PUBLIC HEARING TO CONSIDER ADOPTING A RESOLUTION APPROVING TENTATIVE TRACT MAP 32848, AMENDMENT NO. 1, TO AMEND THE TENTATIVE TRACT MAP FROM 16 LOTS TO 15 LOTS FOR THE PROPERTY LOCATED ON THE NORTH SIDE OF AVENUE 60 APPROXIMATELY 700 FEET WEST OF MADISON STREET. APPLICANT: SARKIS AND SEVAK KHATCHADOURIAN. A. RESOLUTION ACTION 2. PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING TITLE 13, SUBDIVISIONS, TO AMEND TIME PERIODS ALLOWED BETWEEN LOT LINE ADJUSTMENTS. A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING B. INTRODUCE ORDINANCE NO. ON FIRST READING 3. PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING TITLE 9, ZONING, TO ESTABLISH POLICIES AND STANDARDS FOR RESIDENTIAL SECOND UNITS, ALLOW APARTMENTS IN THE MEDIUM -DENSITY RESIDENTIAL ZONE, AND ALLOW MINI -STORAGE FACILITIES IN THE COMMERCIAL PARK ZONE WITH APPROVAL OF A CONDITIONAL USE PERMIT, AND ADD LANGUAGE DEFINING AND DESCRIBING IMAGE CORRIDORS IN SPECIAL PURPOSE DISTRICTS. A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING B. INTRODUCE ORDINANCE NO. ON FIRST READING 4. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION VACATING AN EASEMENT IN FAVOR OF THE PUBLIC FOR ACCESS, INGRESS AND EGRESS OF FIRE, POLICE AND OTHER EMERGENCY VEHICLES AND PERSONNEL WITHIN TENTATIVE PARCEL MAP 33367 AND PUBLIC UTILITY EASEMENTS ESTABLISHED OVER THE VACATED PORTIONS OF AVENUE 52 AND ADAMS STREET LYING WITHIN TENTATIVE PARCEL MAP 33367. A. RESOLUTION ACTION City Council Agenda 6 October 16, 2007 • 0�5 ADJOURNMENT A special Joint City Council/Commission meeting will be held on October 23, 2007, commencing at 5:00 p.m. in the Multi -Purpose Room at the La Quinta Senior Center, 78-450 Avenida La Fonda, La Quinta, CA 92253. The next regular meeting of the City Council will be held on November 6, 2007, commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Veronica Montecino, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of October 16, 2007, 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 October 12, 2007. DATED: ctoobber 12, 2007 VERONICA J. M TECINO, City Clerk City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7103, 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 Clerk's Office at 777- 7103. 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 meeting. City Council Agenda 7 October 16, 200-P 00 iw w5 444 OF Tt�9 COUNCIL/RDA MEETING DATE: October16, 2007 ITEM TITLE: Demand Register Dated October 16, 2007 RECOMMENDATION: Approve Demand Register Dated October 16, 2007 BACKGROUND: Prepaid Warrants: 74976 - 750051 75006 - 75042) 75043 - 75044) 75189 - 751891 75190 - 75190) Voids) Wire Transfers) P/R 34027 - 34045) P/R Tax Transfers) Payable Warrants: 75045 - 751881 FISCAL IMPLICATIONS: Demand of Cash -City Demand of Cash -RDA John M. Falco er, Finance Director 578,412.34 87,632.32 164, 512.00 13,000.00 25,000.00 (53,798.46) 1,131,443.87 215,062.51 58, 503.03 2,858,273.03 $5,078,040.64 $4,418,536.87 $659,503.77 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING !. 00r_ CITY OF LA QUINTA BANK TRANSACTIONS 09/25/07 - 10/10/07 09/27/07 WIRE TRANSFER - OSTROWSKY/LAND ACQUISITION $50,000.00 09/28/07 WIRE TRANSFER - WATERCOLORS $103,000.00 09/28/07 WIRE TRANSFER - WATERCOLORS $103,000.00 10/01/07 WIRE TRANSFER - DEBT SERVICE PAYMENT $522,620.00 10/02/07 WIRE TRANSFER - HEALTH PREMIUM $86,843.71 10/02/07 WIRE TRANSFER - PERS $2,561.51 10/04/07 WIRE TRANSFER - TASC FLEX CLAIM $1,390.89 10/05/07 WIRE TRANSFER - LANDMARK $199,901.27 10/08/07 WIRE TRANSFER - ICMA $7,635.91 10/08/07 WIRE TRANSFER - PERS $54,490.58 TOTAL WIRE TRANSFER OUT $1,131,443.87 - 009 rON I O \ IYJI O OD I V 6 I O w O O 1201 O wN� I UI- 1 O 6 lL I I N a £ 1 I N O O I I OZ I I KF I I I wK 1 I 10 I I 6 z I UW IHZI C I Z I N 1 1 i 0Q I O I z 1£wl O I 00 O I \1 00 V IwVI V 1 uN 1 00 6 IZ 1 Oo I QCI 00 I � I 1-1 NN I I NN 1=0I Iw 1 d Iwl I ZI 1 v Iw I \ I F I P I a 1 0 10 1 \ I I O 1001 I •z 1 I 1 I I 1 1 1 I I 1 I I I 1 I I I I I I I Y I 1 Z I I ¢ I I m ¢ I N 1 1 0 �{ Z I O W I U' N OYIZ¢I ¢ LL21wZI w .p J l0 I I N VOI I J U'I I W O ¢QI I O I I NJz I I r 1 1 O PdOJ10 I N OMOJI001 \£ WIZZI O UQ31W I J I > I C •• I I w£w01 O K 6001 I P 6� IY I a OYY Iu 1 N w o�zlxxI r c a I 66U[O 1 V I 4 010 1 . 1 O I w 1 O I yz �I O N J 1 O W 1 0 O I O l'! 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BACKGROUND AND OVERVIEW: Receive and File Transmittal of Treasurer's Report dated August 31, 2007 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. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachment 1. Treasurer's Report, City of La Quinta �: �rJ9 ATTACHMENT 1 MEMORANDUM TO La Quinta City Council FROM John M Falconer, Finance Director/Treasurer SUBJECT: Treasurers Report for August 31, 2007 DATE September 30, 2007 Attached is the Treasurer's Report for the month ending August 31, 2007. 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) $ (1,508,655) $ 13,028,043 (1) $ 11,519,388 $ 13,028,043 LAIF 48,453,085 900,000 (1,500,000) (1) 47,853,084 (600,001) US Treasuries (2) 65,005,617 (10,000,000) 257,301 55,262,918 (9,742,699) US Gov't Sponsored Enterprises (2) 59,359,765 110,849 59,470,614 110,849 Commercial Paper (2) 25,834,778 (6,000,000) 105,359 19,940,137 (5,894,641) Corporate Notes 2,946,978 3,719 2,950,697 3,719 Mutual Funds 5,143,508 1 24,419 5,767,927 24,419 Total $ 205,835,076 $ 13,928,043 $ 17,475,581 $ 477.227 $ 202,764,765 $ 3,070,31l I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code, and is in conformity with the City Investment Policy. As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. The City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. j° / 7 MF', M. Falconer Date ce Director/Treasurer Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments (3) The cash account may reflect a negative balance. This negative balance will be offset with transfers from other investments before warrants are presented for payment by the payee at the bank ....; 060 E gL acr m $ m u E m m u z z° 0 z z z° z m z zm co_ zm � E n o a °0 Bi 6 S 8 d s c U U 2 •- � c � �mj W U 0 O E Q � J Gi ram$ N W m QQQQmi a � N m p m m C N m m ly (+1 10 m m cc § « E E E E E n d n b❑ Q o O O O O O 8 8 rj H E N v v A O w 800 000 PX o o 008 � � o � 8 of `�Q O 00o wN N8N 10 VVSII O N N O g 0 m pp S O 8 O N N N N Z m O O 8 § $a m e �' 2 0 o n u�oo LL a O O N N N M N N A Z O 08 Q 0 2Q5 p Q q 2Q5 § c'e W N H m n 50� o S252S g� �000800 500� Q8 ego n g 8 W� Qa N O ^ N m N N NNm m'N m1 YINNO N V. �-Oo N m N O 8 r� w w � a Qp 25o ppo oOo RUM oo N0gg8o n 00 N N N N W NNo8 N '8 N N Nppo Z E I WE �mON N O m O m u � E m C mE� m u UamO a �¢a sssm W<U EE W W A F 6 QaN 061 3 Treasurer's Commentary For the Month of August Cash Balances — The portfolio size decreased by $3.1 million. The major reasons for the decrease were construction payments for the City Hall expansion and the Vista Dunes Courtyard Homes project. Investment Activity — August saw a slow down in investment activity for the previous two months. The average maturity in days of the portfolio decreased by 20 to 109. The third week in August brought a sudden decline in interest rates based upon the sub -prime housing market disclosures of Country Wide Financial. This resulted in a sudden market increase in the City's portfolio market value. No investment transactions were done during this period of time with the Treasurer maintaining a higher level of funds in the Wells Fargo Treasury Money Market account to payment the September $11 million debt service payment. As a result, the sweep account earned a higher than normal $ 18,425 and the bank fees for the month were $ 1,738 which resulted in a net increase of $ 16,687 in real savings. Portfolio Performance — The overall portfolio performance decreased by four basis points from the prior month and ended at 5.08% for the month, with the pooled cash investments yielding 5.17%. The overall portfolio yield (including bond proceeds) was forty nine (49) basis points over the benchmark, which has decreased by twenty one (21) basis points from July. With the average maturity of 120 days, the portfolio yield should remain at these levels. The Treasurer has more of a barbell maturity schedule with the longer term investments helping to keep yields higher as interest rates may be falling. At this time last year, the portfolio was yielding 4.97% and the benchmark was at 4.97% for no difference so we have made progress in meeting our benchmark. In the short term, the Treasurer has been investing more in LAIF because its rate declines slower in a declining rate environment and in high quality Commercial Paper. The Treasurer has not been investing in Treasury securities because of their low yield, except for bond proceeds to ensure that the funds are available for capital projects, e.g. SilverRock and Vista Dunes Courtyard Homes and the CVHC project at 48`h and Adams. Future Thoughts The Treasurer will continue to invest in short term maturities to take advantage of the yield curve — Commercial Paper with 30 to 90 day maturities and Bond proceeds will be laddered in three- and six-month Treasury bills as they mature. 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Cw Center U 6 Bank -11" YES 19A.enwn AB 308 300 CW Center U S Bank - Deb ShL YES 1dAnenwn ISM RDA U S BaMl,DW Svc YES tel AmMwn _ 1995FDAUSBeM-CIP YES ifl AmMwn 1995RDAUSEank-Spnial Furq YES 1q AmeNwn 2004 Fln AUN-19M US Bank -EnreM YES 1q Ame0nn IND RDA SBnk - LIP AS 1q American 1989 RDAUfi Bark-Db Hic YES 1q Nnerlwn _ 199E ROF U B Bank -6wcol Faml YES tel Ameman 1990RDAUSBank-CIP YES iq Amniwn 2091 ROAU6 Bank -Ob SYc YES 1q Amttkn =1 RDA VS Bank -CIP YES iMAmenwn =RDAUS Bank-Wg YES iq lnn Pna =RDAU6 Bank -LIP YES 19Mlenwn 137g089 1,370,068 1,37O,068 2003 Taxable RDA U S Bank -DB YES tq Amnwn - X03T.beRDAU S Bank-00l YES iq Anniwn 2D03TxaoMRDAU 6 BankLIP YES 1q AmeMen =K Fin NM US Bank -CIP YES 1q Amerkan 4,397,651 g397,551 4.397.551 2004 Fin a0r US Bank - COI YES 1q Amerken Subgal -NN.I Final 5167,9n 5,7673T] 5,76],92] TWI FIeW AgMI NwNnn s CrandTotal 81,Oso,M3I 81 p15 91,03o,us MI)061 191X!1.6T2 4�931) 186312 TN 9umk. Ne An surPlx No al Fum. Mum % �Ynw s (t a+8.+]B,o3z s +B,4s+,oz4 n.z 41.11 - II+IZRWt) Co.0 1,OOO S 114BB ..I. akS..I 1 a 18,152,021 I &NJ^ OA100% Surplus No /d Barque W ARFUMa Ipual% sum. Yn 0034G% 0000c% SuMu No pG SuryJn No AD Mual % 8urp'w Yx 1932906 319198% Bunolue No AD B"ouF No NI Funds Pclual % Bur " Yx 1455YA 1583]x Sunopa No M SNq. No NI Furge Moll% SDrXus Yea - 9B34t% 10 )025% SurFAue Na M Suwak Na Nl Fume AGwI% Surylu Vn z36owx n02oox - - Mt19A9 8).z380% 11,4D3,0901 4,O113,931 wiff,024 8 W—n BT-- Slam. No /W SurFtln No A%FUMa Oduq% Bugl. Yx 2]25nx 298614% Suryl. No Id $aryl. N, al FurW Adult % Surpu Yea 284089k 30958% - JP000]% 33 TST3% 11AEB093 4 .Wl 1 1546T,m4 100 tao.00W% 4, 067 9 Me m o a M o d o o e o N e o e a e a e e e a e d O f0 °M M tp \ e N f0- m a N a d LL O O n p LL N N 0 0 M f LL (MO M m O Q OI h A N O� LL N N NN M 1II M N d N P O e P P' N N N N �y OMi e O O OOi O M N m N O H 0 In0 Q T �j ❑ N O 0 N M Q 0 O Cdl M V O O O ,O � Z� vMi uMi � OOi fM0 Z r O r Cnl ^ O O�< Cml O A n O N O N Oa Q O O N O O� Os o , � .1 iim�aPn °vMi TimaNeN� Ti m°M�m m Ti` �� voi voiNPwO OMMMniod O `no,^.m OM dM ao �vO1i Ovoov�i�v Oao Nvnio � OMi O OOi O N O d O Q N r�� N 1� O (MO OMi b n N� P N O O p N (O iD O N M O O CI O M O� ° m ornmarn Jm�m�m^ nvoi in a°n �n Jm v no�'N° JPnnn o� 'm � � o OP N M M O�IV M N M n M Rd; N- N- � -J,PO n d N V Q Ma M E E E Er E 0 E c c E E c c E E c c E E >> m y m m y E =_ y UQv oQ oQ oQ oQ« '�¢" uQ 0 0 U c 0 « d A' o °: v-' o�`� d N v oN-m _ oy m m 6o LL a IY _ m_ M. 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BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Receive and File Transmittal of the August 31, 2007 Statement of Revenue and Expenditures for the City of La Quinta and Investment Summary Report for the Quarter Ending September 30, 2007. yRoepectfully submitted, n M. Falconer, Finance Director Approved for sm ion by: Thomas P. Genovese, City Manager Attachments: 1. Revenue and Expenditures Report, August 31, 2007 2. Investment Summary Report for the Quarter Ending September 30, 2007 u . 079 ATTACHMENT 7 CITY OF LA QUINTA REVENUES -ALL FUNDS 07/01/2007 - 8/31/2007 FUNDS BUDGET RECEIVED % RECEIVED General $38,248.89900 $2,217,956.34 5.80% Library 2,045,700.00 (8,242.15) -0.40% Gas Tax Revenue 756,200 00 135,228 51 17 90 % Federal Assistance 164,800,00 0.00 0.00% JAG Grant 10,607.00 0.00 O.DO% Slesf(Cops) Revenue 100.40000 0.00 000% Indian Gaming 190.75000 177.250.00 92.90% Lighting B Landscaping 916.50000 000 000% RCTC 2,327,400.00 0.00 0.00% Development Funding 0DO 000 0.00^A Crime Violent Task Force 101,500.00 24,128.00 23.80% AS 939 54,80000 000 0.00% Quimby 1,438,01)DCO 179,399 25 12 50 % Infrastructure 6,300.D0 0.00 000% SB 1266 243,60000 000 000% South Coast An Quality 56,90000 11,96940 2100% Cmaq/Istes, 000 000 0,00% Transportation 1,339,100.00 84,062.69 630% Parks B Recreation 334,500.00 34,718 DO 1040% Civic Center 263,100.00 52,64986 2010% Library Development 133,00000 12,38000 930% Community Center 74.90000 (27500) -040% Street Facility 84,186.00 4,236.21 5.00% Park Facility 11.600 DO 1,23300 10 60% Fire Protection Facility 27,01)(IM 4,55286 1690% Arts In Public Places 113,900.00 6,76237 5 90% Interest Allocation 000 584,594 50 000% Capital Improvement 148.646.94900 3,036,98222 200% Equipment Replacement 737,483.00 7,312.99 1 00% Information Technology 546,02600 0.00 000% Park Equipment & Facility 430,290.00 0.00 0.00% SilverRock Golf 3,587,3D6.00 192,73951 540% SilverRock Golf 71,44600 000 000% LQ Public Safety Officer 2,60000 000 0 00 % La Quints, Financing Authority 6,617,686.00 232 000% RDA Project Area No 1 88,824,96100 323,13101 040% RDA Project. Area No 2 46,511,347 00 408,008 22 0 90% Total $345,019,73600 $7,49098013 220% a 071 2 CITY OF LA QUINTA EXPENDITURES• ALL FUNDS 07/01/2007 •08131/2007 FUNDS BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET PERCENT �eneral $39 167,612 00 Library 5,416,310.00 121.67288 000 5,294,637.12 2.2% Gas Tax 576,760.00 95,878.40 000 480,88160 166% Federal Assistance 685,921 00 000 000 685,921.00 0.0% JAG Grant 10,607.00 0.00 000 10.607 00 00% Slesf (Cops) Revenue 100.400 00 000 000 100.400 00 0.0% Indian Gaming 201,14200 0.00 0.00 201,14200 0.0% Lighting & Landscaping 916,500 00 152.750 00 0.00 763,750.00 16.7% RCTC 1,882.24000 000 0.00 1,882,24000 00% Development Agreement 000 0.00 0.00 0.00 0.0% CV Violent Crime Task Force 57,100.00 9.880.72 000 47,219 28 17 3 % AS 939 238,500 00 000 000 238,500 00 00% Quimby 8,572,100.00 0.00 000 8,540,10000 00% Infrastructure 500,221.00 1,430.00 0.00 498,79100 0.3% SB 1266 0.00 0.00 0.00 0.00 0.0% South Coast Air Quality 26,600,00 000 000 26.600.00 0.0% Cmaq/lstea 000 000 000 000 00% Transportation 7.839,14400 17,65109 000 7.821,49291 02% Parks & Recreation 000 0.00 0.00 0.00 0.0% Civic Center 6,443.42600 1,069,399.34 0.00 5,374,026.66 16.6% Library Development 000 0.00 000 000 00% Community Center 0.00 000 000 000 0.0% Street Facility 385,82500 4,91320 0.00 380,911.80 13% Perk Facility 28,886.00 000 000 28,886 00 0.0% Fire Protection 000 0.00 0.00 0.00 00% Arts In Public Places 888,450.00 22,016.25 000 866.433 75 2.5% Interest Allocation 0.00 000 000 000 0.0% Capital Improvement 148,646.94900 3,036,982.22 95,595.16 145,514,371.62 2.0% Equipment Replacement 1,657,132.00 49,51695 57,345.00 1,550,27005 30% Information Technology 710,825 00 96,048 65 000 614,776 35 13 5% Park Maintenance Facility 000 000 000 000 0.0% Silver -Rock Got 4,510,991 00 264,304.50 000 4,246.686 50 5.9% SilverRock Reserve 0.00 000 000 000 00% Lq Public Safety Officer 2,00000 000 000 2,00000 0.0% La Quints Financing Authonty 6.618,486.00 3,93028 000 6,614,555 72 0 1% RDA Project Area No. 1 143,914,77000 1,611,51290 0.00 142,303,25710 11% RDA Project Area No 2 71,858,21000 2.863,067.13 000 68,995.142.87 4.0% oe 1.0 072 s 07101/2007. 8/31/2007 CITY OF LA QUINTA GENERAL FUND REVENUES DETAIL TAXES: Property Tax No Low Property Tax Distribution Sales Tax Sales Tax Reimbursement Document Transfer Tax Transient Occupancy Tax Transient Occupancy Tex- Mitigation M Franchise Tax TOTAL TAXES LICENSE & PERMITS: Business License Animal License Building Permits Plumbing Permits Mechanical Permits Electrical Permits Garage Sale Permts Misc Pe emits TOTAL LICENSES & PERMITS FEES: REMAINING % BUDGET RECEIVED BUDGET RECEIVED 1,763,100 00 17,968.35 1,745,131.65 1 020% 2.620,50000 9,04177 2.611,45823 0.350% 7,188.00000 895,25000 6,292,75000 12450% 2,396,00000 000 2,396,00000 0.000% 1,017,200.00 58,054.03 959,14597 5710% 5.479.10000 132.91127 5.346,18873 2430% r 298.90000 0.00 298,90000 0,000% 1,657,700.00 49,018.52 1,608,681.48 2960% 22,420,500.00 1,162,24394 21,258,25605 5180% 322,200.00 37.59510 284,60490 11670% 18,500.00 3,048.00 15,45200 16480% 558,600.00 119,34618 439,253.82 21,370% 84,40000 18.089.25 66,31075 21430% 65,500 00 11,492 00 54.008 00 " 17 550% 47,60000 16,70909 30,890.91 35.100% 11.000 00 2,22000 8.78000 20 180% 183,20000 25,70007 157.49993 14.030% 1.291.00000 234.199.69 1,056,800.31 18,140% Sale of Maps & Publications 3,900.00 274.70 3,625.30 7 040% Commundy Services Fees 421,3%00 26,941 00 394,409.00 6,390% Finance 1,450.00 180.00 1,27000 12 410% Bldg B Safety Fees 377,10000 103,32230 273,777.70 27400% Community Development Fees 222,400.00 22,000 00 200,400 00 9 890% Public Works Fees 501,20000 268,31550 232,884.50 53.530% TOTAL FEES 1,527,40000 421,03350 1,106,366.50 27.570% INTERGOVERNMENTAL Motor Vehicle ln-Ueu 3,136,400.00 17,98152 3,120,41848 6570% Motor Vehicle Code Fines 86,400 00 10,855 88 75,544 12 12 560% Parking Violations 55.90000 2,15900 53.741.00 3.860% Misc Fines 125.200.00 20,645.49 104,554.51 16,490% AB939 000 000 000 0000% Federal Govl Grants 000 0 DO 0.00 0,000% County of Riverside Grant 0.00 0.00 000 0000% State of California Grant 8,600.00 11.910 70 (3,310.70) 138 500% Fire Services Credit 4.862.10000 000 4,862,100.00 0,000% CSA152 Assessment 210 000.00 0.00 210 DOO 00 0000% TOTAL INTERGOVERNMENTAL 8,486.60000 63.55259 8,423,047.41 0.750% INTEREST 4,152,900.00 336.66660 3,816,233.40 8,110% MISCELLANEOUS Miscellaneous Revenue 28,300.00 263.02 28,03698 0930% Assmm Dist Surplus 000 000 000 0 000 % Other Mitigation Measures 000 000 0.00 0000% Litigation settlement 000 000 000 0 000 % Cash Over/(Shun) 50.00 (3.00) 5300 -6000% TOTAL MISCELLANEOUS 28,35000 26002 28,08998 0.920% TRANSFER IN 342,14900 000 342 149.00 0.000% TOTAL GENERAL FUND 38,248,89900 2,217.95634 36,030.94266 5.800% 073 a GENERAL FUND EXPENDITURE SUMMARY BY DEPARTMENT 07101 /2007.08131 /2007 BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET GENERAL GOVERNMENT: CITY CLERK COMMUNITY SERVICES FINANCE: BUILDING & SAFETY: POLICE: COMMUNITY DEVELOPMENT: LEGISLATIVE CITY MANAGER'S OFFICE ECONOMIC DEVELOPMENT PERSONNEL/RISK MGT TOTAL GENERAL 974,649 00 113,627 40 463.448 00 84.147.37 331,54700 492.36316 861,021 60 379,300 63 839,183 84 719,203.00 70,6963' 216.57 648,29006 TOTAL CITY CLERK . 0 9 4 ,2 0p PARKS& RECREATION ADMINISTRATION 1,034,54900 117.15403 2.49999 914,89498 SENIOR CENTER 442,112.00 36,804.54 0.00 405,307.46 PARKS& RECREATION PROGRAMS 227.521.00 21,24227 000 206.27873 LIBRARY 1,799,328 00 16,670 31 000 1,782.657 69 MUSEUM 297,20000 000 000 297,20000 PARK MAINTENANCE 1,371,678.00 136,980 21 0 00 1,234,697 70 TOTAL COMMUNITY SERVICES 88. 0 B, 2.0 2,499.99 . u3b.96 FISCAL SERVICES 967,36000 122.707.41 000 844,65259 CENTRAL SERVICES 432,564.00 30,537.86 000 402,026.14 TOTAL FINANCE 00 4 2 BUILDING& SAFETY -ADMIN 417,512.00 45,74884 000 371.76316 BUILDING 1.059.47700 129,53842 1,269.30 928.66928 CODE COMPLIANCE 1,018,060 00 102,772 74 1,94561 913.341 65 ANIMAL CONTROL 387,90800 33,090.75 442.21 354,375.04 FIRE 4,955,72400 4,974.94 3.00000 4,947,74906 EMERGENCY SERVICES 137,357 00 19,093 11 2,64344 115,62045 CIVIC CENTER BUILDING -OPERATIONS 1,247.66800 32,95059 000 1,21471741 TOTAL BUILDING & SAFETY ,2 3, 4 POLICE SERVICES 10,194,459 00 19,306.90 0.00 10,175,152.10 TOTAL PUBLIC SAFETY 9.00 19,306.90 0.00 10, COMMUNITY DEVELOPMENT-ADMIN 1.660.400.00 78,580.54 000 1,581.81946 CURRENT PLANNING 1.037,79402 75,81164 0.00 96198236 TOTAL COMMUNITY DEVELOPMENT 4.00 218 00 , PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 674,712.00 87,737.10 8,00000 578.974.90 DEVELOPMENT& TRAFFIC 1,344,587.00 120,87812 4,170.00 1.219.53888 MAINT/OPERATIONS- STREETS 2,497.64700 467,02175 21,300.00 2,009,325.25 MAINT/OPERATIONS- LTG/LANDSCAPING 1,950,07300 240,436.11 8,724.46 1,700,91243 MAINT/OPERATIONS- TRAFFIC 1,055,085.00 32,378.98 000 1.022,70602 CONSTRUCTION MANAGEMENT 981,922.00 127,79807 1325.38 852,79857 TOTAL PUBLIC WORKS B, 6 1, ,3 ,2 TRANSFERS OUT 2.235.47000 7.87500 000 2,227,595.00 GENERAL FUND REIMBURSEMENTS (6,413 936.00) (508 638.40) 000 (5.907.297.60) NET GENERAL FUND EXPENDITURES 39.167,612 00 2.784,073 04 55,536.94 36,328,002 02 a. 074 5 CITY OF LA OUINTA ALL OTHER FUNDS REVENUE DETAIL LIBRARY: REMAINING % BUDGET RECEIVED BUDGET RECEIVED County of Riverside Contributions Interest TOTAL LIBRARY GAS TAX REVENUE: Section 2105 Section 2106 Section 2107 Section 2107 5 Traffic Congestion Relief Interest TOTAL GAS TAX JAG GRANT STANCE REVENUE: CDBG Grant Interest TOTAL FEDERAL ASSISTANCE Grant Revenue Interest TOTAL JAG GRANT SLESF(COPS)REVENUE: SLESF (Cops) Funding Interest TOTAL SLESF (COPS) INDIAN GAMING Grant revenue Interest TOTAL INDIAN GAMING 2,000,70000 (8,242.15) 2,008,94215-0,410% 000 000 000 0.000 % 45,00000 000 45,000.00 0.000% 2,045,700.00 (8,24215) 2,053,942.15 -0400% 243,00000 42,523.75 200,47625 17.500% 170,400.00 28,75730 141,642.70 16.880% 323,500.00 57,947.46 265.55254 17910% 6,200 00 6,00000 20000 96.770% 000 0.00 0.00 0.000% 13,100 00 0.00 13 100 OO 0000% 756,200 00 135,228.51 620,971.49 17,880% 164,800.00 000 164,800 00 0000% 000 000 0.00 0.000 % 164,800 00 000 164.800 00 0.000% 10.607 00 0 DO 10.607 DO 0000% 0.D0 0.00 0.OD 0000% 10,607.00 0.00 10,607 00 0000% 100,000.00 0.00 100,000 00 0000% 40000 000 40000 0 ODD% 100.400 00 000 100.400 00 0 000% 177,250 00 177,250 00 0.00 100 000 % 13,500.00 0.00 13,500.00 0000% 190,750.00 177 250 00 13,500 00 92 920% LIGHTING S LANDSCAPING REVENUE: Assessment 916,50000 000 916,50000 O.ODO% Developer 000 000 000 0.000% Interest 000 0.00 0.00 0.000% TOTAL LIGHTING S LANDSCAPING 916.50000 000 916.60000 0000% RCTC RCTC Funding Transfer in TOTAL RCTC DEVELOPMENT AGREEMENT FUND Mitigation Measures Interest Transfer in TOTAL DEV AGREEMENT 2.327.400 00 0.00 2.327,400 00 0000% 000 0.00 0.00 0,000% 0.00 0.00 000 0.000% 000 000 000 0000% 0.00 000 000 0 ODD% 000 000 0 00 0000% CRIME VIOLENT TASK FORCE Member Contributions - Carryover 49,900.00 24.12800 25,772.00 48350% Grant revenue -JAIS 42,500.00 000 42,500.00 0.ODO% CLET Line 6,100.00 000 6,10000 0.000% Interest 3,00000 000 3,00000 0000% TOTAL CRIME VIOLENT TASK FORCE 101,50000 24,12800 77.37200 23770% AS 939 REVENUE: AS 939 Fees Interest TOTAL QUIMBY QUIMBY REVENUE: Quimby Fees Interest TOTAL QUIMBY INFRASTRUCTURE REVENUE: Utility refund Interest Transfer In TOTAL INFRASTRUCTURE SB 1266 581266 Grant Interest TOTAL SB1256 000 54.800 00 000 000 000 54 800.00 0000% 0000% am 1,016,000.00 942 179.399 25 0.00 836,600 75 422 000 00 17 660% 0 000 % 000 6,30000 000 000 000 000 000 6.30000 000 0000% 0 ODD% 0.000% 6,30000 000 6.300.00 0000% 243,600.00 0.00 000 0,00 243,600.00 0.00 0000% 0 000 % CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution MSRC Funding Street Svreeping Grant Interest TOTAL SCAO CMAQIISTEA CMAQ/ISTEA Greco Interest TOTAL CMAQASTEA TRANSPORTATION Developer fees Interest Transfer in TOTAL TRANSPORTATION PARKS & RECREATION Developer fees Interest Transfer in TOTAL PARKS & RECREATION CIVIC CENTER Developer fees Interest Transfer in TOTAL CIVIC CENTER 47,700.00 11,969.40 35,730.60 25090% 000 000 000 0000% 0.00 0.00 0.00 0,000% 9,20000 000 9,20000 0.000% 56,900 00 11,969 40 44,930 60 21 040% 000 0.00 0.00 0000% 0.00 0.00 000 0.000% 000 000 000 0000% 1.268.900.00 84,062.69 1,184,837.31 6,620% 70,200.00 0.00 70,200.00 0000% 000 0.00 0.00 0.000% 1,339.10000 84.06269 1,255,037.31 6,280% 334,500.00 34.71800 299,78200 10380% 0.00 000 000 0000% 000 000 0.00 0.000% 334,500.00 34.71800 299,782.00 10,380% 194,700.00 52,84986 141.85014 27140% 68,400 00 000 68,400.00 0.000 000 0.00 000 0000% 263,10000 52,849.86 210,25014 20.090% LIBRARY DEVELOPMENT Developer fees 133.00000 12,38000 120,620.00 9.310% Interest 0.00 000 000 0 000 % Transfer in 000 000 0.00 0.000% TOTAL LIBRARY DEVELOPMENT 133,000.00 12,380 DO 120,620.00 9 310% COMMUNITY CENTER Developer fees Interest TOTAL COMMUNITY CENTER STREET FACILITY Develeperfees Interest Transferin TOTAL STREET FACILITY PARK FACILITY Developerfees Interest TOTAL PARK FACILITY 28,00000 (275.00) 28,275.00 -0980% 46 900.00 0.00 46,900 00 0000% 74.900 00 (275 00) 75,175.00 -0.370% 44,10000 4,23621 39.86379 9.610% 11.200 00 000 11,200.00 0.000 % 28,886.00 000 28,88600 0.000% 84.186 00 4,23621 79.949 79 5.030% 8.000.00 1,233.00 6,76700 15410% 3,60000 000 3 600.00 0,000% 11.600 00 1,23300 10,367.00 10 630 % FIRE PROTECTION FACILITY Developer fees 27,00000 4,55288 22,447.12 16860% Interest 000 000 0.00 0000% TOTAL FIRE PROTECTION FACILITY 27,000.00 4.55288 22,447.12 16 860% ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places 97,500.00 6,76237 90,737.63 6,940% Arts in Public Places Credits Applied 000 000 000 0000% Interest 16,400 00 000 16,40000 0.000% TOTAL ARTS IN PUBLIC PLACES 113,900.00 6,76237 107.13763 5.940% INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 0.00 584,59450 (564.594.50) 0.000% Transfer In 000 0 00 0.00 0 000 % TOTAL INTEREST ALLOCATION 000 584.594.50 (584,594.50) 0000% 078 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED CAPITAL IMPROVEMENT FUND: CVAG CVWD County of Riverside Surface Transportation Funding City of Indio DSUSD IID RCTC S6821-Bicycle Path Grant State of Calbomia APP Contribution Developer Agreement Funding Litigation Settlements Transfers In From Other Funds TOTAL CIP REVENUE 981,48800 ODD 981,488.00 0.000% 000 0.00 0.00 0.000% 0.00 000 0.00 0 000 % 10,251,067.00 0.00 10,251,067.00 0.000% 104,988 00 coo 104,988 00 0000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.ODO% 000 000 000 DODO% 000 000 000 0.000% (31,49000) 0DO (31,49000) 0.000% 0.00 0.00 0.DO 0,000% 486.582 00 000 486,582 00 0000% 0.00 0.00 0.00 0.000% 136,854,314.00 3,036,982 22 133,817,331.78 2 220 % 148,646,949.00 3,036,98222 145,609,96678 002 EQUIPMENT REPLACEMENT FUND: Equipment Charges 590,883.00 0.00 590,88300 0000% Capital Contribution 000 000 000 0.000% Sale of Fixed Asset 0.00 7,312.99 (7,312,99) 0ODO% Insurance Recoveries 000 0.00 000 Interest 146,60000 000 146.60000 0.000% Transfers In 000 000 0.D0 0.000% TOTAL EQUIPMENT REPLACEMENT 737.48300 7,31299 730,170.01 0990% INFORMATION TECHNOLOGY FUND: Charges for services 525.02600 0.00 525,026.00 0.000% Capital Contribution 0.00 0.00 000 0000% Sale of Fixed Asset 000 000 0.00 0.000% Interest 21,000.00 0.00 21,ODO 00 0000% Transfers In 000 000 000 0000% TOTAL INFORMATION TECHNOLOGY W,02600 000 546,02600 0000% PARK EQUIPMENT S FACILITY Charges for services 391,190.00 0.00 391,19000 0.000% Interest 39.100 00 000 39.100 00 O.ODO % Capital Contributions 000 0DO 000 0.000% TOTAL PARK EQUIPMENT S PAC 430,29000 0DO 430,29000 0000% SILVERROCK GOLF Green fees Rangefees Resident Card Merchandise Food 8 Beverage Allocated Imerest Income Transfers In TOTAL SILVERROCK GOLF SILVERROCK GOLF RESERVE Interest Transfers In TOTAL SILVERROCK GOLF LO PUBLIC SAFETY OFFICER FUND Transfer In Interest TOTAL LQ PUBLIC SAFETY 3,161,21100 163.59918 2.997,61182 5180% 83,725.00 4.72707 78,997.93 5 650% 15,DDO.00 2,370 OD 12,63000 15800% 327,370.00 22,04326 305,32674 6730% 0.00 0.00 000 0000% 0.00 000 000 0.000% 000 000 000 0.000% 3,587.306.00 192,739.51 3,394,566.49 5370% 000 000 0.00 O.ODD% 71.44600 0.00 71 446.00 0 ODD% 71,446 00 0 DO 71,446.00 0 000 % 2,DDO.00 0.00 2,ODO.00 0000% 600 00 000 60000 0.000% 2,60000 000 2,600.00 0.000% 0 077 8 CITY OF LA QUINTA 07/0112007 - 08131/2007 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET LIBRARY FUND PROJECT EXPENDITURES 000 000 000 000 REIMBURSE GENERAL FUND 2,096,52900 0.00 000 2.096.529.00 TRANSFER OUT 3,319,781 00 121,672 88 000 3,198,108 12 TOTAL LIBRARY FUND GAS TAX REIMBURSE GENERAL FUND 575.27100 95,87840 000 479,392.60 TRANSFER OUT 1.48900 000 0.00 1,48900 TOTAL GAS TAX FUND FEDERAL ASSISTANCE FUND: TRANSFER OUT TOTAL FEDERAL ASSISTANCE FUND 685,921 00 0.00 000 685,921 00 JAG GRANT TRANSFER OUT TOTAL JAG GRANT 10,607.00 000 0 00 10,607 00 SLESF(COPS) TRANSFER OUT TOTAL SLESF (COPS) FUND 100,400 00 0.00 0.00 100.400 00 INDIAN GAMING FUND TRANSFER OUT 201,142.00 000 000 211 142.00 TOTAL INDIAN GAMING FUND LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 916,500.00 152,75000 000 763,75000 TRANSFER OUT 000 000 0.00 0.00 TOTAL LTGILANDSCAPING FUND RCTC TRANSFER OUT 1,882,24000 000 0.00 1,882,240.00 TOTAL RCTC DEVELOPMENT AGREEMENT FUND CONSTRUCTION 000 000 000 0.00 REIMBURSE GENERAL FUND 000 000 000 000 TRANSFER OUT 000 000 000 000 TOTAL DEV AGREEMENT FUND CRIME VIOLENT TASK FORCE OPERATING EXPENSES 57.100 00 9,88072 000 47,219 28 TRANSFER OUT 0.00 0.00 000 000 TOTAL CRIME VIOLENT TASK FORCE AS 939 OPERATING EXPENSES 238,500 00 000 0.00 238,500.00 TRANSFER OUT 0.00 000 000 000 TOTAL AB 939 QUIMBY FUND: CONSTRUCTION 32.00000 000 0.00 32.00000 TRANSFER OUT 8,540,10000 0.00 0.00 8,540,100.00 TOTAL QUIMBY INFRASTRUCTURE FUND CONSTRUCTION 0.00 000 000 0.00 REIMBURSE GENERAL FUND 000 0.00 0.00 0.00 TRANSFER OUT 500.22100 143000 0.00 498,791.00 TOTAL INFRASTRUCTURE SB 1266 TRANSFER OUT TOTAL SB 1266 FUND 000 000 000 000 SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 26,600.00 0.00 0.00 26,600 00 TRANSFER OUT 000 000 000 000 TOTAL SOUTH COAST AIR QUALITY Zb,bUU OF- 000 000 Zb.6OU GO CMAQ/ISTEA TRANSFER OUT TOTAL CMAQ/ISTEA FUND 0.00 000 0.00 000 TRANSPORTATION PROGRAM COSTS 0.00 000 000 0.00 CONTRIBUTION 000 000 0.00 0.00 TRANSFER OUT 7.839,144.00 17,651.09 0.00 7,821,49 91 TOTAL TRANSPORTATION PARKS & RECREATION INTEREST ON ADVANCE 0.00 000 000 0.00 TRANSFER OUT 000 000 0.00 000 TOTAL PARKS & RECREATION U.UU 0.00 000 O.UU CIVIC CENTER PROGRAM COSTS 0.00 0.00 000 0.00 REIMBURSE GENERAL FUND 202,76400 33,79400 000 168,970.00 TRANSFER OUT 6,240,66200 1,035,605.34 000 5,205,056.66 TOTAL CIVIC CENTER , LIBRARY DEVELOPMENT PROGRAM COSTS 000 000 000 0.00 INTEREST ON ADVANCE 000 000 000 000 TRANSFER OUT 0.00 000 0.00 000 TOTAL LIBRARY DEVELOPMENT 0 078 g CITY OF LA QUINTA 07/01/2007 - 0813=007 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET COMMUNITY CENTER PROGRAM COSTS TRANSFER OUT STREET FACILITY PROGRAM COSTS TRANSFER OUT PARK FACILITY PROGRAM COSTS TRANSFER OUT FIRE PROTECTION INTEREST ON ADVANCE TRANSFER OUT ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP OPERATING EXPENSES-APP ART PURCHASES TRANSFER OUT CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES PROJECT REIMBURSEMENTS TO GEN FUND TRANSFER OUT EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES TRANSFER OUT INFORMATION TECHNOLOGY FUND OPERATING EXPENSES PARK MAINTENANCE FACILITY OPERATING EXPENSES TRANSFER OUT SILVERROCK GOLF OPERATING EXPENSES TRANSFER OUT SILVERROCK GOLF RESERVE TRANSFER OUT LA QUINTA PUBLIC SAFETY CONTRIBUTIONS 0.00 0.00 000 000 0.00 000 000 000 TOTAL COMMUNITY CENTER 0.00 000 000 000 385.82500 4,91320 0.00 380,91180 TOTAL STREET FACILITY 0.00 000 000 000 28,886 00 0.00 0 00 28 886.00 TOTAL PARK FACILITY 000 000 000 0.00 000 0.00 000 000 TOTAL FIRE PROTECTION DIF u.uu 000 000 0.00 30,000 00 2,06500 0.00 27,935.00 3.20000 6250 000 3,137.50 455,250 00 19.888 75 0.00 435.361 25 400,000 00 0.00 0 00 460 000 0o TOTAL ART IN PUBLIC PLACESBee 147,369.377 00 1,277,572 00 TOTAL CAPITAL 00 1,000,132.00 49,51695 57,345.00 893,27005 657,000.00 0.00 0.00 657,000.00 TOTAL EQUIPMENT REPLACEMENT FUND 710,82500 96,048.65 0.00 614,776.35 TOTAL INFORMATION TECHNOLOGY FUND 000 000 000 000 000 0.00 000 000 TOTAL PARK MAINTENANCE FAG u.uu 000 000 0.00 4,439,545.00 264,30450 0.00 4,175,240.50 71,446.00 000 0.00 71,446.00 TOTAL SILVERROCK GOLF 000 000 0.00 000 TOTAL SILVERROCK GOLF RESERVE TOTAL LA QUINTA PUBLIC SAFETY 2,000.00 000 000 2,00000 � Oil 10 ATTACHMENT 2 T c N N > c U -O O)N LO V NchrO W N!� OiONTO O LO W u'> m 0 N V 01 N 0i O) 0) 0 N m m W of m O m� O O) R M O) m O) W O) O) W O O) O) m 0 O) � c (V M Q O O)O� O mO�fJ O No� W W V N Y N O N M O� m in v_ O .- L6 d Il 4 'i Ili O o 0i N N V� N ro� �O Oi V 7 V V th O O O p O 0 0 0 0 0 0 0 0 0 0 0 M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 "iN N W Ld—ON 6 L6u6 NthC —m N N O O N O O O N N N O O N O N N❑ C r O m M m ON V nN Z4 O X '7 Nch m(ON� t�.r-� N OOOaOZ N a a � U O Z EEmm€€Ecc o E a a 0�- 0 o m UO��'EF'EE m aU E�E�w E o y UUUU I_FUEEEN�a�ic` Q Q Q Q-ffi c Z>222 wow aC7oo�o'�cC W WWW 000 aUao�6 Of af 0 0 0 F d m m Q Q 0 0000 CO COm E y U m U m m N W W W W J J J K K y N LLLLLLLL LL LL LLLL LL ZLLNS iD:D CDJJ R a 080 11 T--Idf 4 4 auk& COUNCIL/RDA MEETING DATE: October 16, 2007 ITEM TITLE: Authorization for Overnight Travel for the Principal Engineer to Attend the Disadvantaged Business Enterprise (DBE) Program Administrators' Summit to be held in San Diego on Thursday, October 25 and Friday, October 26, 2007 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize overnight travel for the Principal Engineer to attend the DBE Program Administrators' Summit to be held in San Diego on Thursday, October 25 and Friday, October 26, 2007. FISCAL IMPLICATIONS: The Fiscal Year 2007/2008 Budget (Account No. 101-7006-431.51-01) has allocated funds for travel, training and meetings for staff. Attendance at this seminar is estimated to be $463 based upon the following costs: Course = $100 Lodging (2 nights x $58) = $116 Meals (2 days x $75) = $150 Travel (200 roundtrip miles x $0.485) = $ 97 Total $463 CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: The DBE Program Administrators' Summit is a two day event that will focus on the Federal rules as they pertain to the Code of Federal Regulations (49 CFR Part 26) as well as CFR Part 23 (airport concessions). Attending the Summit will be key practitioners and liaisons representing agencies that are recipients of Federal ., 081 transportation dollars from around the industry: the United States Department of Transportation, the Federal Transit Administration, the Federal Highway Administration, and the Federal Aviation Administration, as well as local transportation authority officials. Also, on hand, will be select industry consultants and vendors. With tentative special keynote speakers as Michael Freilich, of the Federal Aviation Administration Office of Civil Rights, and Colette Holt, Attorney at Law, the Summit will provide information from all levels of the industry in one event. If approved, the Principal Engineer will attend this conference. The program description is included as Attachment 1 . FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize overnight travel for the Principal Engineer to attend the DBE Program Administrators' Summit to be held in San Diego on Thursday, October 25 and Friday, October 26, 2007; or 2. Do not authorize overnight travel for the Principal Engineer to attend the DBE Program Administrators' Summit to be held in San Diego on Thursday, October 25 and Friday, October 26, 2007; or 3. Provide staff with alternative direction. Respectfully submitted, Z�,c �� Timothy R. Jo son, P.E. Public Works rector/City Engineer Approved for submission by: zte Thomas P. Genovese, City Manager Attachment 1: Conference Program Description 1:M ATTACHMENT 1 The DBE Program Administrators' Summit "Building for the Future" Purpose: The DBE Program Administrators' Summit is a two day event that will focus on the Federal rules as they pertain to the Code of Federal Regulations (49 CFR Part 26) as well as CFR Part 23 (Airport concessions). Attending will be key practitioners and liaisons representing agencies that are recipients of Federal transportation dollars from around the industry: the USDOT, FTA, FHWA, and FAA, as well as local transportation authority officials. Also, on hand, will be select industry consultants and vendors. The event is closed to the private sector, with the exception of invited sponsors and speakers, a maximum of 15 companies. These firms will have exclusive access to the conference attendees, transportation industry specialists and decision makers. With tentative special keynote speakers like Michael Freilich, of the Federal Aviation Administration Office of Civil Rights, and Colette Holt, Attorney at Law, the Summit will provide information from all levels of the industry, in one event. The summit will focus on the following areas: • DBE outreach tools and strategies • Retention of existing DBEs • Disparity studies • Achieving race conscious results in a race neutral environment • Building Capacity one tier at a time Conference sessions will include: • Round table discussions • Presentations by some of the leading software developers in the market • Disparity study, panel discussion with some of the leading consultants in the industry • Presentations by leading government agencies Held on beautiful Shelter Island, in San Diego, California, the location is the perfect venue for networking, relaxing evening activities, and many close -by amenities - golf, restaurants, clubs, and the world famous San Diego Gaslamp District. Expectations of gorgeous fall weather, lots of sunshine, and an average daytime temperature of 74 degrees wilt make this a spectacular destination event. The summit will equip practitioners with tools and information that will assist in formulating and implementing a consistent and successful Federal DBE Program either through race - and gender conscious measures, or by race neutral means. One of the round table discussions will focus on the Ninth Circuit Court of Appeals ruling on "Western States Paving Co. v. Washington State DOT. Although west coast states are adversely affected by this ruling, the need for DOTs across the country to understand the results of this ruling is crucial -- it could very well effect states east of the Mississippi as well. The Summit will be held at the Island Palms Hotel and Marina in beautiful San Diego California - • Thursday October 25, 2007 • Friday October 26, 2007 The resort is just minutes from the San Diego Airport, with shuttle service available. For many of the other nearby attractions, please visit the Island Palms website at: http://www.istandpalms.com 0 083 Room rates are: $110 per night (State Government) and $137 per night (Federal Government) Registration for the two day summit includes the following: • Two day pass to all workshops • All Materials • Continental breakfast, both days • Lunch, both days • VIP Reception on the evening of the 25th • Access to the summit's informational Web portal Conference Registration Costs: $150 for one participant • $125 each, for 2 or more participants from the same agency Early Bird Registration prices, good only through September 20`h 2007 are: • $120 for one participant • $100 each, for 2 or more participants from the same agency Conference Contact information Registration site: www.caproiectconnection.org www.pstgov.com Toll Free: 866- 568-6444 Local: 916-568-7900 Fax: 916.922-3115 Email: info@caproiectconnection.org or info@pstgov.com Mail: 5022 Bailey Loop, Ste:102 McClellan Park, CA 95652 Hotel Contact, Information: Island Palms Hotel & Marina 2051 Shelter Island Drive San Diego, CA 92106 Direct: 619-222-0561 Toll Free: 800-922-2336 Fax:619-222-9760 http://www.islandpalms.com/ Please make your arrangements as soon as possible — this event will sell out quickly — the combination of powerful information, and a perfect location... what could be better? Register online now at: www.caprooectconnection.org • 034' COUNCIL/RDA MEETING DATE: October 16, 2007 ITEM TITLE: Authorization for Overnight Travel for the Golf & Parks Manager to Attend the Golf Course Superintendents Association of America's International Golf Industry Tradeshow and Conference Held in Orlando, Florida from January 28, 2008 through February 1, 2008 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: 5 STUDY SESSION: PUBLIC HEARING: Authorize overnight travel for the Golf & Parks Manager to attend the Golf Course Superintendents Association of America's (GCSAA) International Golf Industry Tradeshow and Conference held in Orlando, Florida from January 28, 2008 through February 1, 2008. FISCAL IMPLICATIONS: The Fiscal Year 2007/2008 Budget (Account No. 601-0000-451.51-01) has allocated funds for travel and training. The breakdown of estimated costs to attend this is $2,365: Registration $250 Seminars $390 Hotel (5 nights x $150) $750 Meals (5 days x $75) $375 Travel (Airfare $600) $600 Total: 52,365 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The GCSAA's International Golf Industry Tradeshow and Conference gives golf and turf management professionals from around the world the opportunity to attend educational seminars and the world's largest golf industry tradeshow. The education seminars also provide educational credits for the Golf & Parks Manager to maintain his Certification with the GCSAA. The program description is included as Attachmept 1. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize overnight travel for the Golf & Parks Manager to attend the Golf Course Superintendents Association of America's International Golf Industry Tradeshow and Conference held in Orlando, Florida from January 28, 2008 through February 1, 2008; or 2. Do not authorize overnight travel for the Golf & Parks Manager to attend the Golf Course Superintendents Association of America's International Golf Industry Tradeshow and Conference held in Orlando, Florida from January 28, 2008 through February 1, 2008; or 3. Provide staff with alternative direction. Re"lullysubmilted, Edie Hylton Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. GCSAA International Golf Industry Tradeshow and Conference Program Description •, 036 OYGLt.V1VI C ATTACHMENT 1 s LWELCONEJT, HEgm_ AND GOLF INOUSTRY SHOW golf Industryshow Once you experience the annual GCSAA Education Conference and Golf Industry Show, you'll be back every year! FROM THE PRESIDENT How do you communicate to others the value of attending Conference and Show? It wasn't until a peer of mine put it in simple terms that I clearly understood the importance of conference and show —not only for me, but for my facility as well onHe told me that even though his facility was closed for the winter and his staff was not conditioning the course, he had a pit in his stomach He was missing his first conference and show in some time He had a feeling of emptiness. He knew there was networking going on without him. He knew there were new technologies he was not experiencing. He knew there was education that was vital to his career and facility success. In an industry where change is constant, he was standing still or even worse, falling behind. He had boiled it down into succinct terms I had become so accustomed to attending the event that I had taken it for granted. But thinking about it for a brief moment quickly reinforces its value. I shudder to think at the expenses my facility would have incurred, the revenues it would have missed and the knowledge I would not have gamed if I did not attend Every day is an oppor- tunity to advance and no opportunity matches that of Conference and Show. Have you ever used the term "keep sawing wood" to express your dedication or focus on your career? At some point, the saw becomes dull. No matter how hard you work, you lust don't cut as much wood as you did in the past. You need to sharpen your saw regularly to be successful I look at Conference and Show as the means to "sharpen my saw." It is the best opportunity to en- hance your skills and ultimately become a more productive member of your facility's leadership team For those of you who have read Stephen Coveys works, as I have for numerous years, sharpening the saw or "Renewal" is the seventh habit Covey has identified of highly successful people. After all, it is Your Business, Your Industry, Your Show. GCSAA President Ricky D Heine, CGCS /may 4, 44�.Q, U ATTENDEE TIPS AND TOOLS The GCSAA Education Conference and Golf Industry Show delivers real value for the superintendent, owner, manager and the overall facility. According to the 2007 attendee survey, respondents overwhelmingly agreed that attendance at these events demonstrates value in the following ways: WHY?: 9 out of 10 attendees picked up tips or techniques they could immediately apply to their facilities. Cast time in Orlando, I selected the Golf Course Construction and Renovation seminar with Craig Schreiner. Aker returning home, l was able to put what l learned to good use and completed the renovation of a very sloppy wet area in front of#3 green. Prior to the renovation, this area stayed wet and was not very playable. We added drainage and raised the level of the fairway 18 inches. Now we can get a rain event and within hours, the area has drained enough that you could drive carts across it with no tracking. — Don Gehvick, Golf Course superintendent Blackwell Golf Course, Blackwell, OK 0, 6.97 DAY-BY-DAY SCHEDULE AT -A -GLANCE ^` nal Resource Center �. � y,ristesentedinpartnershipnnth Phr76pJennmgsTurfFarms& Syngenta Professional Products Internet Cafe Presented in partnership with DuPont Professional Products Registration Voter Check -In 8am-5pm Golf Irrigation Auditor Program Presented in partnership with the irrigation Association Leadership Skills for the Golf Course Superintendent . Presented in partnership with National Seminan' Group/Padgett-Thompson Seminars III TUESDAY, JAN. 29 7 am-- 6 pm Bookstore (satellite) Golf Industry Travel International Resource Center Presented in partnership with Phillip Jennings Turf Forms & Syngenta Professional Products Internet Cafe Presented in partnership with DuPont Professional Products Registration Voter Check -In 8 am— Noon Golf Irrigation Auditor Program Presented in partnership with the Irrigation Association 8am-5pm The Club General Manager, Human Resources, Management and Facilities Presented by Club Managers Association of America Coaching Skills for.theGolf- Course Superintendent Presented in partnership with National Seminars Group/Podge&Thompson Seminars 1 — 3:30 pm Certified Golf Irrigation Auditor Exam 111WEDNESDAY, JAN. 30 lam- 5pm Bookstore Merchandise Store 7am-6pm Golf Industry Travel International Resource Center Presented in partnership with Phillip Jennings Turf Farms & Syngenta Professionol Products Internet Cafe Presented in partnership with DuPont Professional Products Registration Voter Check -In, 8 am — 2-pht CGCS Exam 8am-5pm Media Center Seminars i-3pm Trends in Contemporary Golf Course Architecture Post -Storm Tree Restoration for Golf Courses 2-4pm Quality of Cut —A Turf Equipment Technician's View 3-5pm Pump Houses the Good, the Bad, and the Ugly You Asked For It!, You Got It! 3:30 — 5 pm Multi -Course Companies: What You Always Wanted to Know 5:15 — 6:45 pm Welcoming Reception Presented in partnership with Boyer Environmental Science 01 THURSDAY, JAN. 31 6 — 6:30 am Innovative Superintendent Breakfast Presented in partnership with BASF Corporation 6:30 — 7:30 am Chapter Delegates Breakfast 6:30 — 8:20 am Innovative Superintendent Session I 7am-6pm Golf Industry Travel International Resource Center Presented in partnership with Phillip Jennings Turf Farms & Syngenta Professional Products Internet Cafe Presented in partnership with DuPont Professional Products Registration 8-11am Golf Industry Show Distributor Preview 8am-3pm Remodeling University Presented by the American Society of Goff Course Architects 8am-5pm Seminars 8am-6pm Bookstore Career Action Center Media Center Member/Chapter Services Merchandise Store Networking Parks Presented in partnership with Goff industry Travel New Product Showcase Silent Auction ,") ► FRIDAY, ► SATURDAY, FEB. 1 FEB, 2 9- OASam 6-6:30am 9ag1-5pm 7:30-8:30am Opening Session Innovative Superintendent Bookstore Prayer Breakfast Presented in partnership Breakfast with Bayer Environmental Presented in partnership Science with BASF Corporation Clam-3pm Chapter Executives Session and Networking Lunch 11am-6pm Golf Industry Show (Open to Gil registrants except those registered as family) 11:30am-6pm Career Hot Topics Communications Hot Topics 1 — 2:30 pm In the Moment... the State of Public Golf 1-3pm Career Forum: Superintendents and General Managers Zoysiagrass Forum 2 — 4:30 pm Research Solutions: Science for Your Course 2-5pm NEWS Assistant Superintendent Session and Reception 3:30 — 5 pm The Changing Face of Golf Forum 6:30 — 8:20 am Innovative Superintendent Session II lam-5pm Golf Industry Travel International Resource Center Presented in partnership with Phillip Jennings Turf Farms & Syngenta Professional Products Internet Caf2 Presented in partnership with DuPont Professional Products Registration 8 — 11:30 am 14th Annual Collegiate Turf Bowl Competition 8 am — Noon Seminars 8:30 — 9:30 am Golf Industry Show General Session Produced by GCSAA, NGCOA and CMAA 8:30am-5pm Career Hot Topics Communications Hot Topics 9 — it am Chapter Editors Session Career Action Center Golf Industry Show (Open to all registered attendees) Media Center Member/Chapter Services Merchandise Store Networking Parks Presented in partnership with Golf Industry Travel New Product Showcase Silent Auction 9:45 — 11:15 am Service Excellence Taking the Golf Experience to the Next Level Presented by the Disney Institute 9:45 - 11:45 am USGA Green Section Education Program —Taking Care of Busi- ness Opportunities to Enhance Facility and Professional Growth 12:30 — 2 pm Certification Luncheon and Business Meeting Presented in partnership with Syngento Professional Products ' I-4pm GCSAA IPM Exam 1-5pm Student Seminar: Are you Ready to Be a Professional? 2:30 — 4:30 pm Annual Meeting and Election 5-6pm Student/Superintendent Employment Fair and Networking Reception 6 — 730 pm President's Celebration (By invitation only) 8-10am Seminar 8am-2pm Golf Industry Travel International Resource Center Presented in partnership with Phillip Jennings Turf Farms & Syngenta Professional Products Internet Caf6 Presented in partnership with DuPont Professional Products Registration 8:30 - 11 am Coffee Talk with the Experts — The Latest and Greatest in Turf Management Presented in partnership with John Deere Credit gam-2pm Bookstore Career Action Center Golf Industry Show (Open to (7ll registered attendees) Media Center Member/Chapter Services Merchandise Store Networking Parks Presented in partnership with Golf Industry Travel New Product Showcase . Silent Auction d Twit 4.fPRubtrw AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: October 16, 2007 BUSINESS SESSION: ITEM TITLE: Adoption of a Resolution to Extend the CONSENT CALENDAR: Time for Completion of the On -Site and Off -Site Improvements for Tract Map No. 31249, Village at STUDY sEssloN: Coral Mountain, Adobe Holdings, Inc. PUBLIC HEARING: RECOMMENDATION: Adopt a resolution to extend the time for completion of the on -site and off -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to October 11, 2008 for Tract Map No. 31249, Village at Coral Mountain, Adobe Holdings, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Village at Coral Mountain (Tract Map No. 31249) is located south of Avenue 58 and west of Madison Street (Attachment 1). On October 11, 2006, the City Council adopted a resolution granting conditional approval of the Final Map and SIA for The Village at Coral Mountain. Section 6 of the SIA requires: "that the subdivision improvements shall be completed within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications • 099 in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. " In a letter dated September 26, 2007 (Attachment 2), the developer stated that he is currently working with the adjacent landowner for an acceleration lane to serve the exit gate at The Village at Coral Mountain. Therefore, the developer requests a time extension of one-year to obtain approval of the plans and complete the off -site improvements. The on -site improvements that are completed include the sewer system, domestic water, storm drain, irrigation line replacement, and curbs. The remaining on -site improvements include signing and striping, street paving, dry utilities, and setting the monuments. The developer is requesting a time extension of one-year to complete the remainder of the on -site improvements while working on initiating new home construction on this project. Staff has prepared the attached resolution which provides for approval of the time extension of the SIA for the on -site and off -site improvements. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the on -site and off -site improvements as specified in the approved Subdivision Improvement Agreement to October 11, 2008 for Tract Map No. 31249, The Village at Coral Mountain; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the on -site and off -site improvements time as specified in the approved Subdivision Improvement Agreement to October 11, 2008 for Tract Map No. 31249, The Village at Coral Mountain; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R. JoViao;,P'E. Public Workstor/City Engineer .6 091 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from Adobe Holdings, Inc. dated September 26, 2007 .0. 092 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ON -SITE AND OFF -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT FOR A PERIOD OF ONE-YEAR FOR TRACT MAP NO. 31249, THE VILLAGE AT CORAL MOUNTAIN. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31249, The Village at Coral Mountain, on October 11, 2006; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by October 11, 2007, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of improvements as required by the approved SIA is extended for a period of one year. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on October 11, 2008. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. 0.. 093 Resolution No. 2007- Tract Map No. 31249, The Village at Coral Mountain Adopted: October 16, 2007 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 16t' day of October 2007, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California .G,: 094 ATTACHMENT 1 TM 31249 — VILLAGE AT CORAL MOUNTAIN AVENUE I 54 AIRPORT BLW. 0 L a LAKE d T E CAHUX �e AVENUE 1 58 VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: October 16, 2007 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -site and Off -Site Improvements for Tract Map No. 31249, Village at Coral Mountain APPLICANT: Mr. Robert Rippe, Adobe Holdings, Inc. *, 093 ATTACHMENT 2 r� ADOBE HOLDINGS, INC S E P 2 6 P.O. Box1396 PUS' �r`.1a r' La Quinta, California 92247-1396 S - k i:: ? Ph.: (760) 702-0684/Fax: (760) 564-6283 September 26, 2007 City of La Quinta Timothy R. Jonasson, Public Works Director 78-495 Calle Tampico La Quinta, California 92253 Re: Tract Map No. 31249, Village at Coral Mountain Request for Extension of Time Subdivision Improvement Agreement — (SIA), On -site and Off -site Improvements Dear Mr. Jonasson: I have received your reminder letter dated September 11, 2007 regarding the agreement to complete the Village at Coral Mountain improvements, described in the above referenced SIA Letters, on or before October 11, 2007. As provided for in the subject agreements, I am requesting an extension of time of one (1) year to complete the improvements. As you may be aware, I have encountered a lengthy delay in obtaining approval of the Avenue 58 Street Improvement Plans submitted on my behalf by CVE Engineering. We have been working diligently to obtain a response from the landowner directly adjacent to the east boundary of the Village at Coral Mountain regarding an acceleration lane to serve the exit gate of my project. To -date we have not been successful in getting a written response, in favor of or against the proposed improvements, from this landowner. In addition, due to the continuation of the decline in the housing market, it is not feasible to continue spending capital on additional improvements until I am in a position to initiate new home construction on the project. Your anticipated cooperation on this matter is much appreciated. Y ly, Robert E. Rippe, President i. 090 Tit�t 4 4 Qum& COUNCIL/RDA MEETING DATE: October 16, 2007 ITEM TITLE: Approval of an Art Purchase Agreement with Trans West Housing Inc. and David L. Spellerberg for the Design and Construction of Two Art Pieces at Griffin Ranch RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: —E STUDY SESSION: PUBLIC HEARING: Approve the Art Purchase Agreement (Attachment 1) in an amount not to exceed $120,000 with Trans West Housing Inc. and David L. Spellerberg for the design and construction of two art pieces at Griffin Ranch. FISCAL IMPLICATIONS: Adequate funding is available in the Art in Public Places (APP) Program Account No. 270-0000-451 .74-80 for this $120,000 request. David L. Spellerberg will receive a total of $240,000 from Trans West Housing Inc. for the two art pieces of which the City will contribute up to $120,000 in APP permit fees generated from within the Griffin Ranch project. To date, Trans West Housing Inc. has contributed $8,996 in APP fees, which will be reimbursed for these two art pieces. The balance of $1 1 1,004 will be credited to the developer based upon the future APP fees that would have been paid for residential and clubhouse construction permits.. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On June 11, 2007, the Community Services Commission reviewed a request from Trans West Housing Inc. for a fee credit for two art pieces by artist David L. Spellerberg, National Heritage Collectors Society, to be purchased for $240,000 and installed adjacent to the Griffin Ranch development to meet their APP obligation. The proposed art pieces, "Freedom" and "Romance," were presented to 1 ' 097 the Commission by the artist. The Commission recommended these art pieces be sent to the City Council for consideration. City Council approved these art pieces on August 7, 2007 and implementation of this Art Purchase Agreement. The first piece, "Freedom," is scheduled to be installed in October 2007. This piece will be located approximately 125 feet diagonally from the south-east corner of Avenue 54 and Madison Street. "Freedom" stands approximately nine feet tall; three feet wide; and nine feet long. The bronze horse will sit on top of a four -foot rock. The second piece, "Romance" which consists of two horses, is scheduled to be installed in 2008 . These horses will be located approximately 125 feet diagonally from the south-west corner of Avenue 54 and Monroe Street. The stallion stands approximately eight feet tall; four feet wide; and seven feet long. The mare stands approximately seven feet tall; two feet wide; and ten feet long. The APP fees for the Griffin Ranch residential and clubhouse development are estimated to be approximately $120,000. Trans West Housing Inc. is requesting fees be credited from the residential and clubhouse development toward the purchase of the two art pieces with the remainder of the cost to be paid by Trans West Housing Inc. As is with all funds spent from the APP account, the art pieces become the property of the City once complete, regardless of the percentage paid by the developer. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve the Art Purchase Agreement (Attachment 1) in an amount not to exceed $120,000 with Trans West Housing Inc. and David L. Spellerberg for the design and construction of two art pieces at Griffin Ranch; or 2. Do not approve the Art Purchase Agreement (Attachment 1) in an amount not to exceed $120,000 with Trans West Housing Inc. and David L. Spellerberg for the design and construction of two art pieces at Griffin Ranch; or 3. Provide staff with alternative direction. .02 098 Respectfully submitted, AieHyllton Community Services Director Approved'fot submission by: t�� r Thomas P. Genovese, City Manager Attachment: 1. Art Purchase Agreement .03 099 ATTACHMENT 1 ART PURCHASE AGREEMENT THIS ART PURCHASE AGREEMENT (the "Agreement") is entered into this day of 2007, by and among THE CITY OF LA QUINTA, a California municipal corporation (the "City") and GRIFFIN RANCH, LLC; MCCOMIC GRIFFIN, LLC; AND GRIFFIN CASTILLA, LLC BY ITS MANAGING MEMBER TRANS WEST HOUSING, INC. (the "Developer") and DAVID L. SPELLERBERG D.B.A. NATIONAL HERITAGE COLLECTORS SOCIETY (the "Artist"). RECITALS A. The Developer is currently constructing homes in the Griffin Ranch subdivision and the Saddle Club development. To meet the requirements for artwork pursuant to Chapter 2.65 of the City Municipal Code, the Developer is commissioning the fabrication and installation of certain artwork (the "Artwork") to be installed and displayed by the Developer at approximately 125 feet within the southeast corner of Avenue 52 and Madison Street and at Avenue 52 and Monroe Street (the "Site Locations"). NOW, THEREFORE, the parties hereto, for the consideration and under the conditions hereinafter set forth, hereby mutually agree as follows: ARTICLE I. SCOPE OF SERVICES AND PAYMENT 1.1 Scope of Design Services. Artist shall prepare or cause to be prepared, required details and samples, and shall do all other things necessary and incidental to the performance of the Artist's obligations pursuant to this Agreement. 1.2 Scope of Fabrication Services. Artist shall fabricate and install the Artwork pursuant to and by the time set forth in the Scope of Design Build Services and the Schedule of Performance attached hereto as Exhibit A and Exhibit B, respectively, and incorporated herein by this reference. The City and Developer shall have the right to review the Artwork at reasonable times during the fabrication thereof. Artist shall submit to the City and Developer progress narratives, including photographs, as required by the Schedule of Performance (Exhibit B)• The narratives shall include the percentage of the Artwork completed to date, along with an estimated completion date. Artist shall furnish all tools, equipment, apparatus, labor, services, materials, and transportation, to perform all work necessary to install in a good and workmanlike manner the scope of work set forth in the Scope of Design Build Services (Exhibit A), or reasonably inferable therein, together with the appurtenances thereto, at the site locations. It is understood and agreed that all said labor, services, materials, equipment, and facilities shall be furnished and said work performed and completed by Artist as an independent contractor, subject to the inspection and approval of the City and Developer. The Artist shall present to the City and the Developer in writing for further review and advance approval any and all significant changes in the scope, design, color, size, material or texture, of the Artwork not permitted by or not in substantial conformity with the approved working drawings and the Scope of Design Build Services (Exhibit A). A significant change is 'any change in the scope, design, color, size, material, texture, or site location which affects Page 1 of 'Jp5 100 installation, scheduling, site preparation, or maintenance for the Artwork or the schematic concept of the Artwork as represented in the schematic drawings, the approved working drawings, and the Scope of Design Build Services (Exhibit A)• Artist and Developer shall at all times maintain a safe work area and provide safe access for inspection of the Artwork by the City, its representatives, and to the sites wherein the Artwork is located prior to installation. Where specifications require work to be specially tested or approved, it shall not be tested without timely notice to the City, of its readiness for inspection and without the approval thereof, or consent thereto by the City. The Developer and/or Artist shall promptly notify the City when the artist's work is ready for inspection. The artist agrees to do all work required to comply with the inspections, and any such requests for corrections from the City makes as a result of the inspections, without additional charge to the City. The Artist shall perform all work necessary to obtain approvals from the authorities mentioned above without additional cost to the City. 1.3 Change Orders. Artist shall adhere strictly to the Scope of Design Build Services (Exhibit A), unless a change there from is authorized in writing. In such case, the terms of said change shall be understood and agreed upon in writing by the City Manager, Developer, and Artist before commencement of said revised work. 1.4 Post -Fabrication. a. The Developer and/or Artist shall notify the City in writing when the fabrication of the artwork is completed and ready for delivery and installation at the site locations which are designated in Exhibit A and B, attached hereto and incorporated herein by reference. b. Upon completion and at all times during the fabrication and installation, the Artist shall ensure that Artwork shall comply with all applicable statutes, ordinances and regulations of any governmental agency having jurisdiction over the Artwork. The Artist will also ensure that the Artwork is installed in a safe manner, and is designed to withstand the forces of nature it is expected to experience in its lifetime, including wind, rain, sun, and earthquake. 1.5 Post -Installation. a. The Artist shall be available at such reasonable time or times as may be agreed between the City and Artist to attend any and all inauguration, ground breaking, or presentation ceremonies upon completion of the Artwork. b. The Developer shall use reasonable efforts to arrange for publicity for the completed artwork by local media and publications and otherwise as may be determined between the City, Developer, and Artist as soon as practicable following installation. c. Upon installation of the Artwork, the Artist shall provide the Developer and the City with written instructions for appropriate maintenance and preservation of the Artwork. 1.6 Final Acceptance. a. The Artist shall advise the Developer and the City in writing when it believes that the Artwork and its installation are complete. Following receipt of such notice the Developer 1 Page 2 of 1t 101 and the City shall cause the installed Artwork to be inspected, and, within five (5) working days following completion of such inspection(s), the City and Developer shall either provide the artist with reasonably specific written objections, and a list of needed corrections to the installed Artwork or notify the Artist of their acceptance of the Artwork by a Notice of Completion in the form attached hereto as Exhibit D. Such Notice of Completion (Exhibit D) shall be evidence of the satisfactory completion and installation of the Artwork in conformity with this Agreement, subject to the indemnification, representations, and further performance obligations set forth in this Agreement. b. Final Acceptance by the City of the ownership of the Artwork will occur at the completion of twenty-five years (25) or the year 2032. At that time the ownership and responsibility for the Artwork will rest with the City. 1.7 Risk of Loss. Upon receipt of the Notice of Completion, the risk of loss or damage to the Artwork shall be borne by the Developer until the City accepts the artwork at the completion of twenty five (25) years or the year 2032. The Developer shall take such measures as are necessary to protect the Artwork from loss or damage, through insurance or other adequate security, and to maintain the Artwork until the Final Acceptance is issued by the City. 1.8 Title. Title to the Artwork and any construction drawings, plans, or other work product generated pursuant to this Agreement shall remain with the Artist during installation, and shall pass and vest with the Developer upon issuance of Final Acceptance or Termination pursuant to Article IX hereof. 1.9 Payment: The Artist shall be paid the compensation by Developer set forth in Exhibit C. The total compensation to be paid to the Artist by the Developer shall not exceed $240,000 (Two Hundred and Forty Thousand Dollars). Developer has already paid Artist a deposit in the amount of $124,610. The City shall reimburse the Developer APP fees paid to date in the amount of $8,995.93 within 30 days of the execution of this Agreement by all parties. The City will issue fee credits on all subsequent building permits issued after September 18, 2007 until the APP fees are paid in the estimated amount of $111,004.07. Estimated total not to exceed $120,000. The parties agree that the City shall have no additional financial obligations under this Agreement. ARTICLE ll. TIME OF PERFORMANCE 2.1 Time. The Developer and Artist agree to punctually and diligently perform all obligations under this Agreement. It is further understood and agreed that should the Artist fail to furnish the labor, materials, equipment, and or services, to perform all work and labor as herein provided in the manner herein set forth in good and workmanlike manner, Artist shall, in addition to any other penalties provided in the Agreement, be liable to the Developer and the City for all losses or damages that either may suffer on account thereof. In the event the Artist fails to perform fully any and all of the covenants and obligations herein contained, then the City and/or the Developer may, at their option, after giving twenty-four (24) hours written notice to Artist and Developer, provide any such labor and materials as may be necessary for the completion of the artwork. At that time the City and/or Developer provides labor and/or materials, as set forth above, or finishes the work, the Developer may deduct the cost of such labor and materials and all costs Page 3 of 15 1 incurred in finishing the work, if applicable, from any money then due or thereafter to become due to Artist under this Agreement until the work undertaken by the Developer or City is completely finished. At that time, if the unpaid balance of the amount to be paid to the Artist under this Agreement exceeds the expenses incurred by the Developer or City in providing labor and materials and/or in finishing Artist's work, such excess shall be paid by the Developer to Artist, but if such expense shall exceed such unpaid balance, then Artist shall promptly pay to Developer the amount by which such expense shall exceed such unpaid balance. The expense incurred by the City as herein provided, either for furnishing materials, or for finishing the work, and any damages incurred by the City by reason of Artist's default, shall be chargeable to, and paid by Artist. In addition to specific provisions of Agreement, performance by any party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lock- outs, riots, floods, earthquakes, fires, casualties, supernatural causes, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions or priority, litigation, unusually severe weather, inability to secure necessary labor, materials or tools, delays of any contractor, subcontractor or supplies, acts of the other party, acts or failure to act of any public or governmental agency or entity, including, without limitation, unreasonable delays in the processing and issuance of required permits for the installation of the Artwork by Artist (except that any act or failure to act of City shall not excuse performance by City) or any other causes beyond the reasonable control or without the fault of the party claiming an extension of time to perform. Notwithstanding the foregoing, market and economic conditions shall not entitle Artist to an extension of time to perform. An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within ten (10) days of knowledge of the commencement of the cause. In addition, times of performance under this Agreement may be extended by mutual written agreement by Developer, City and Artist. ARTICLE III. WARRANTIES 3.1 Title. The Artist represents and warrants that: (a) the Artwork is solely the result of the artistic effort of the Artist; (b) that the Artwork is unique and original and does not infringe upon any copyright; (c) the Artwork, or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the Artwork is free and clear of any and all encumbrances and/or monetary liens. 3.2 Quality and Condition. The Artist represents and warrants, except as otherwise disclosed to the City in writing, that: (a) the fabrication of the Artwork will be performed in a workmanlike manner; (b) the Artwork, as fabricated and following installation, will be free of patent and latent defects in material and workmanship, including any defects or qualities which cause or accelerate deterioration of the Artwork; and (c) reasonable maintenance of the Artwork will not require procedures substantially in excess of those described in the maintenance recommendations to be submitted by the Artist to the Developer and the City. The warranties described in Section 3.2 shall survive for a period of one 11) year after the Acceptance of the Artwork, except the representation and warranty concerning latent defects shall survive for a period of three (3) years from the Acceptance of the Artwork. The Developer and/or City shall give notice to the Artist of any observed and claimed breach with reasonable promptness. The Artist shall, at the request of the City or the Developer and at no cost to the City or the Developer, cure reasonably and promptly the breach of any such A. 103 Page 4 of 15 warranty which is curable by the Artist and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the Artwork). ARTICLE IV. PERFORMANCE BONDS 4.1 Bonds. The Artist shall not be required by the City to post any performance bonds or similar undertakings, and any requirement of any other authority for performance bonds shall be the responsibility of the City. Nevertheless, Artist shall prevent any lien from attaching to the Artwork or the Site Locations by any person claiming under Artist. ARTICLE V. ADDITIONAL DEVELOPERS'S OBLIGATIONS 5.1 Maintenance and Alteration of the Artwork. The Developer or the project HOA (provided that the HOA has executed an assignment and assumption agreement in a form approved by the City Attorney) or its assigns shall maintain the Artwork in good condition. It shall promptly remove any graffiti. The Developer or the project HOA or their assigns shall maintain the Artwork for period of twenty-five (25) years from the Notice of Completion. 5.2 Permanent Record. The Developer shall maintain a record of this Agreement and of the location and disposition of the Artwork. ARTICLE VI. ADDITIONAL ARTISIST OBLIGATIONS 6.1 Artist's Address. The Artist shall notify the City and Developer of any change in address. The City or Developer shall take reasonable effort(s) to locate the Artist when matters arise relating to the Artist's rights under this Agreement. 6.2 Surviving Covenants. The covenants and obligations set forth in this Article VI shall be binding upon the parties, their heirs, legatees, executors, administrators, assigns, transferees and all their successors in interest, and the City's covenants do attach and run with the Artwork and shall be binding to and until twenty (20) years after the death of the Artist unless otherwise stated herein. Upon the death of the Artist, the representative of Artist's estate shall assume the surviving covenants and obligations of Artist set forth in this Article VI. 6.3 The Artist shall perform all work under this Agreement as an independent contractor and not as an agent, joint venturer, partner, or an employee of the City or Developer. The Artist shall not: a. be supervised by any employee or official of the City or Developer; b. exercise supervision over any employee or official of the City or Developer; c. have authority to contract for or bind the City or Developer or in any manner; or represent itself as an agent of the City or Developer; or otherwise is authorized to act for or on behalf of the City; d. have status as the City's or Developer's employee or have any right to any benefits that the City grants to its employees. + 10/ Page 5 of 15 ARTICLE VII. ASSIGNMENT OR TRANSFER 7.1 No party shall assign or transfer an interest in this Agreement without the prior written consent of the other parties. If the assignment is approved the parties shall enter an assignment and assumption agreement. ARTICLE Vill. TERMINATION 8.1 The Developer and City may, at either their option, by written notice to the Artist, terminate this Agreement either (a) upon the failure by Artist to perform any of its obligations hereunder in accordance with the terms hereof or any other breach by Artist of the terms of this Agreement, and such failure or breach continues uncured for fifteen (1 5) days following notice thereof from the City to Artist ("Termination for Default"), or (b) at any other time in the sole and absolute discretion of the City and Developer ("Discretionary Termination"). Termination for Default and Discretionary Termination are sometimes hereinafter collectively referred to as "Termination." Upon Termination, except as provided in this Article IX, all parties shall be released from all further obligations and liability hereunder. Effective upon a Termination, the Artwork, or so much thereof or has then been completed, shall be transferred to and shall belong to the Developer. In such event and upon Artist's written request, the Developer shall remove Artist's name from the Artwork. ARTICLE IX. CITY'S CONTRACT ADMINISTRATOR 9.1 The Contract Administrator for this Agreement shall be the City Community Services Director. Wherever this Agreement requires any notice to be given to or by the City, or any determination or action to be made by the City, the City Community Services Director shall represent and act for the City. ARTICLE X. NON-DISCRIMINATION 10.1 In carrying out the performance of the services designated herein, none of the Artist and the City or Developer shall discriminate as to race, color, creed, religion, marital status, national origin or ancestry, and the Artist shall comply with the equality of employment opportunity provisions of State and local laws and regulations as presently existing or hereafter amended. ARTICLE XI. ENTIRE AGREEMENT 11.1 This Agreement, and all of the exhibits attached hereto, embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby, except as set forth herein above. ARTICLE XII. MODIFICATION 12.1 No alteration, change or modification of the terms of the Agreement shall be valid unless made in writing and signed by each party hereto and approved by appropriate action of the City and Developer. Page 6 of W1 105 ARTICLE XIII. WAIVER 13.1 No waiver of performance by any party hereto shall be construed as or operate as a waiver of any subsequent default of any terms, covenants and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. ARTICLE XIV. GOVERNING LAW 14.1 This Agreement, regardless of where executed or performed, shall be governed by and construed in accordance with the laws of the State of California. 14.2 In addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Agreement, any party hereto may institute legal action to seek specific performance of the terms of this Agreement, to recover damages, or to obtain any other remedy, at law or in equity, consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Riverside, in the Indio Branch municipal court, or in the Federal District Court in the district of California, which includes Riverside County. 14.3 If any party to this Agreement brings a legal action or proceeding against another party to enforce the provisions of this Agreement, or on account of a claim or dispute arising out of this Agreement, then the prevailing party in such arbitration or legal action or proceeding shall be entitled to reimbursement by the other party of the legal fees and costs, including reasonable attorney fees and expert witness fees, incurred by the prevailing party in connection with the legal action or proceeding. ARTICLE XV. HEIRS AND ASSIGNS 15.1 This Agreement shall be binding upon and shall inure to the benefit of the City, Developer, and Artist, and their respective heirs, personal representatives, successors and permitted assigns. ARTICLE XVI. NOTICES 16.1 All notices, requests, demands and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, as follows: CITY: City of La Quinta Attn: Community Services Director P.O. Box 1504 78-495 Calls Tampico La Quinta, CA 92247-1504 (760) 777-7032 DEVELOPER: Trans West Housing, Inc. Attn: Geoff McComic 47-120 Dune Palms Road, Ste. C La Quinta,. CA 92253 (760) 777-4307 Page 7 of A 10 ARTIST: David L Spellerberg d.b.a. National Heritage Collectors Society 2139 Linden Grove West Lake Village, CA 91020 (818) 991-0933 ARTICLE XVII. INDEMNITY 17.1 Artist shall defend, indemnify and hold harmless City, its officers, employees, representatives and agents ("Indemnified Parties"), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, arising out of any liability or claim for liability, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by Artist, its officers, employees representatives, and agents, which arise out of acts or activities of Artist or Artist's Officers, employees, agents or representatives ("Claims"), whether or not such act or activity is authorized by this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such Claims, Artist shall provide a defense to the Indemnified Parties, or at the City's option, reimburse the Indemnified Parties their costs of defense, including reasonable attorneys' fees, incurred in defense of such Claims. In addition, Artist shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parities. ARTICLE XVIII. INSURANCE 18.1 Policies. Throughout fabrication of the Artwork the Artist shall maintain Comprehensive General Liability Insurance, or Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability (employee and contractual exclusions deleted), Products/Completed Operations Liability, Broad -Form Property Damage and Independent Contractors' 1$1,000,000) per occurrence, combined single limit, written on an occurrence form, and such other forms and amounts of insurance as the City or Developer may deem necessary or desirable. All required insurance shall be evidenced by an insurance policy or policies (or the renewal or replacement thereof) reasonably acceptable to the City and the Developer. Artist, as applicable, shall not proceed with any work nor receive payment under this Agreement until, among other things; the City and the Developer have received the appropriate insurance certificates. Artist, prior to completion, shall maintain or cause to be maintained standard all-risk property insurance in an amount equal to or greater than the full replacement value of the Artwork. The Artist's General Liability policy required by this Agreement shall contain the following clauses: "The City of La Quinta and Trans West Housing and its officers, agents, employees, representatives, and volunteers are added as additional insured as respective operations and activities of, or on behalf of the named insured, performed under this agreement." Prior to commencing any work under this Agreement, Artist shall deliver to the City and the Developer insurance certificates confirming the existence of the insurance required by this Page 8 of 15. , 107 Agreement, and including the applicable clause referenced above. Also, within thirty (30) days of the execution date of this Agreement, Artist shall provide to the City and the Developer an endorsement to the General Liability policy, which adds to this policy the applicable clause referenced above. Said endorsement shall be signed by an authorized representative of the insurance company and shall include the signator's company affiliation and title. Should it be deemed necessary by the City or Developer, it shall be the Artist's responsibility to see that the City receives documentation acceptable to the City and Developer, which sustains that the individual signing said endorsement is indeed authorized to do so by the insurance company. Also, the City has the right to demand, and to receive within a reasonable time period, copies of any insurance policy required under this Agreement. In addition to any other remedies the City or Developer may have if Artist fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City or Developer may terminate this Agreement. City's or Developer's termination of the Agreement, however, is an alternative to other remedies the City and Developer may have, and is not the exclusive remedy for Artist's failure to maintain insurance or secure appropriate endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Artist may be held responsible for payments of damages to persons or property resulting from Artist's, or Artist's respective agents contractors or subcontractors, performance of the work covered under this Agreement. ARTICLE XIX. GENERAL 19.1 Any provisions of this Agreement, which shall prove to be invalid, void, or illegal shall in no way affect, impair or invalidate any other provision hereof, and such remaining provisions shall remain in full force and effect. 19.2 Whenever in the specifications any materials or process is indicated or specified by patent or proprietary name or by name of manufacturer, such specification shall be deemed to be used for the purpose of facilitating description of the material and/or process desired, and shall be deemed to be followed by the words "OR EQUAL," and Artist may offer any material or process which shall be equal in every respect to that so indicated or specified. 19.3 Artist shall not offer any substitute in said proposal or if a substitute so offered by Artist is not found to be equal to that so indicated or specified by name, if one only be so specified or named, or, if more than one be so specified or named, then such one as shall be specified in the proposal, or if none be so specified, then such one as shall be required by the City or Developer. 19.4 Unless a different date is provided in this Agreement, the Effective Date shall be the latest Date of Execution, hereinafter set forth below the names of the signature hereto. Should the Artist fail to enter a Date of Execution, the Effective Date shall be the Date of Execution by the City. Page 9 OF.i15 i O 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. CITY: CITY OF LA QUINTA, a California Municipal Corporation By: THOMAS P. GENOVESE, City Manager ATTEST: VERONICA MONTECINO, CIVIC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California DEVELOPER: Trans West Housing, Inc. M GEOFF MCCOMIC ARTIST_ David L. Spellerberger d.b.a. National Heritage Collectors M DAVID L. SPELLERBERGER Title: State License No .,' l og Page 10 of 15 EXHIBIT A SCOPE OF DESIGN BUILD SERVICES SCOPE OF WORK a. Artist shall furnish all labor, material, tools, equipment, etc., required to design the Artwork in accordance with the quality level and intent of the concept drawings as prepared by Artist and approved by the City and Developer. b. Artist shall complete the design in sufficient scale and detail as required by the City and Developer authorities for approval. C. Artist's design and specifications has been approved by the City and the Developer. No changes shall be made without approval of the City and the Developer. GENERAL ITEMS OF INCLUSION As a further clarification to the plans and specifications, the work shall include but not necessarily be limited to the following: a. Artist shall examine or cause to be examined all supporting and adjacent surfaces and record any defects to the Developer and the City prior to installing any material. The installation of any material constitutes the Artist's complete acceptance of all substrates as compatible with the work under this agreement. b. Artist is responsible for all repairs or replacement of any existing property or work which is damaged as a result of the performance of the work under this Agreement. c. Artist shall provide for all unloading, hoisting, scaffolding, and bracing for the Artwork. d. Artist shall provide all drilling, coring, cutting, fastening, and welding required for the artwork. e. Artist shall supply all specialty lighting required to complete the artwork. f. Developer shall supply all landscaping and irrigation removal necessary to complete and maintain the Artwork. III. SPECIFIC ITEMS OF INCLUSION a. The Artwork consists of two bronze horse sculptures "Freedom" and "Romance." The first piece, "Freedom," is to be located approximately 125 feet diagonally from the southeast corner of Avenue 54 and Madison Street. "Freedom" stands nine feet tall, three feet wide, and nine feet long. The bronze horse will sit on top of a four foot rock. The second piece, "Romance," consists of two horses. These horses will be located approximately 125 feet diagonally from the southwest corner of Avenue 54 and Monroe Street. The stallion stands eight feet tall, four feet wide, and seven feet long. The mare stands seven feet tall; two feet wide, and ten feet long. Page 11 of 1 S 1 11 EXHIBIT B SCHEDULE OF PERFORMANCE SCHEDULING: The first sculpture "Freedom" will be completed in December 2007. The second sculpture "Romance" will be completed by December 31, 2009. Page 12 of 10 • 111. EXHIBIT C SCHEDULE OF COMPENSATION SCHEDULE OF PAYMENTS/CREDITS TO DEVELOPER: Reimbursement of Art in Public Places fess paid into Fund to be paid to Trans West Housing upon signing of this Agreement: $8,995.93 Fee credits will be issued on all subsequent building permits issued after September 18, 2007 until the Art in Public Places fee is paid in the estimated amount of: $111,004.07 TOTAL NOT TO EXCEED: $120,000.00 SCHEDULE OF PAYMENT TO ARTIST BY DEVELOPER: Developer shall pay Artist the balance owed on the "Freedom" Sculpture ($58,690) upon its installation. Developer shall pay Artist the balance owed on the "Romance" Sculpture ($56,700) upon its installation. Page 13 of i5 112 EXHIBIT D NOTICE OF COMPLETION FOR ARTWORK Piece of Artwork: Bronze Sculpture of Horse "Freedom" WHEREAS, by that certain Art Purchase Agreement dated 2007 ("Agreement"), THE CITY OF LA QUINTA, a California municipal corporation (the "City") contracted with Trans West Housing, Inc. (Developer) and National Heritage Collectors (Artist) to provide certain "Artwork" (as defined in the Agreement); and, WHEREAS, as referenced in the Agreement, the City and Developer shall furnish Artist with a Notice of Completion upon completion of the fabrication and installation of the Artwork; and, WHEREAS, such certificate shall be conclusive determination of satisfactory completion of the fabrication and installation of the Artwork, as required by the Agreement, has been satisfactorily completed. NOW, THEREFORE, the parties hereto certify as follows: 1. As provided in the Agreement, the City and Developer do hereby certify that the fabrication and installation of the Artwork has been fully performed and completed. 2. Nothing contained in this instrument shall modify in any other way any executory portions of the Agreement. IN WITNESS WHEREOF, the City has executed this certificate this day of , 2007. CITY OF LA QUINTA, a California Municipal Corporation M3 Trans West Housing 22 .9.. 113 Page 14 of 15 NOTICE OF COMPLETION FOR ARTWORK Piece of Artwork: Bronze Sculptures of Horses "Romance" WHEREAS, by that certain Art Purchase Agreement dated 2007 ("Agreement"), THE CITY OF LA QUINTA, a California municipal corporation (the "City") contracted with Trans West Housing, Inc. (Developer) and National Heritage Collectors (Artist) to provide certain "Artwork" (as defined in the Agreement); and, WHEREAS, as referenced in the Agreement, the City and Developer shall furnish Artist with a Notice of Completion upon completion of the fabrication and installation of the Artwork; and, WHEREAS, such certificate shall be conclusive determination of satisfactory completion of the fabrication and installation of the Artwork, as required by the Agreement, has been satisfactorily completed. NOW, THEREFORE, the parties hereto certify as follows: 1. As provided in the Agreement, the City and Developer do hereby certify that the fabrication and installation of the Artwork has been fully performed and completed. 2. Nothing contained in this instrument shall modify in any other way any executory portions of the Agreement. IN WITNESS WHEREOF, the City has executed this certificate this day of , 2007. CITY OF LA QUINTA, a California municipal corporation M Trans West Housing By: Page 15 of 1#"• 114 AGENDA CATEGORY: BUSINESS SESSION: _ COUNCIL/RDA MEETING DATE: October 16, 2007 CONSENT CALENDAR: ITEM TITLE: Approval of Contract Change Order No. 6 for Project No. LMC 2005-08, Citywide Landscape STUDY SESSION: Maintenance Services for Fiscal Year 2007/2008 PUBLIC HEARING: RECOMMENDATION: Approve Contract Change Order No. 6, for a credit to the City in the amount of $6,731 (Attachment 1) for Project No. LMC 2005-08, Citywide Landscape Maintenance Services for Fiscal Year 2007/2008, with Kirkpatrick Landscaping Services, Inc. FISCAL IMPLICATIONS: Adequate funds for the Citywide Landscape Maintenance Services have been proposed in the Fiscal Year 2007/2008 budget, Account No. 101-7004-431.34-04, Landscape Maintenance Contract Services. CHARTER CITY IMPLICATIONS: This project is funded by the Landscape and Lighting Assessment District 89-1 Funds and the General Fund. Therefore, under the Charter City status, the City is not mandated to pay prevailing wage rates. BACKGROUND AND OVERVIEW: On September 20, 2005, the City Council awarded a contract to Kirkpatrick Landscaping Services, Inc. for the Citywide Landscape Maintenance Contract, Project No. LMC 2005-08 in the amount of $612,000, and appropriated additional funds in the amount of $107,000. A 115 This program provides for weekly maintenance of all landscape areas located within the City's medians and perimeter landscape. The Contract Specifications allowed for four (4) one-year extensions renewable at the beginning of each fiscal year through Fiscal Year 2009/2010, at the City's discretion. On June 6, 2006, the City Council approved a one-year contract extension for Project No. LMC 2005-08, Citywide Landscape Maintenance Services, for Fiscal Year 2006/2007, with Kirkpatrick Landscaping Services, Inc., in the amount of $723,808 and approved Contract Change Order No. 2 in the amount of $107,563. On April 17, 2007, the City Council approved Contract Change Order No.3 in the amount of $2,201 and Contract Change Order No. 4 in the amount of $4,168 for Project No. LMC 2005-08, Citywide Landscape Maintenance Services for Fiscal Year 2006/2007, with Kirkpatrick Landscaping Services, Inc. On June 5, 2007, the City Council approved Contract Change Order No. 5 in the amount of $22,082 and an Amendment to the Citywide Landscape Maintenance Services Agreement, Project No. 2005-08 for Fiscal Year 2007/2008, with Kirkpatrick Landscaping Services, Inc. and authorized the City Manager to execute the Amendment. Attachment 1 is the proposed Contract Change Order No. 6 for the credit amount of $6,731. This Contract Change Order adds the Washington Street median from Avenue 50 to Avenue 48, the Eisenhower Drive median from Calle Tampico to 600 linear feet north of Calle Tampico and deletes Avenue 52 median landscape from Washington Street to Jefferson Street, due to renovation. This amount includes Contract Change Orders No. 1 through No. 6 for additional landscape maintenance. The contract amount is calculated as follows: Original Contract Amount $612,000 Contract Change Order No. 1 $ 4,245 Contract Change Order No. 2 $107,563 Contract Change Order No. 3 $ 2,201 Contract Change Order No. 4 $ 4,168 Contract Change Order No. 5 $ 22,082 Contract Change Order No. 6 $ (6,731) Total Revised Contract Amount $745,528 .a: 116 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve Contract Change Order No. 6 credit in the amount of $6,731 for Project No. LMC 2005-08, Citywide Landscape Maintenance Services for Fiscal Year 2007/2008, with Kirkpatrick Landscaping Services, Inc.; or 2. Do not approve Contract Change Order No. 6 credit in the amount of $6,731 for Project No. LMC 2005-08, Citywide Landscape Maintenance Services for Fiscal Year 2007/2008,'with Kirkpatrick Landscaping Services, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, othy R. onas n, P.E. Public Works Dir for/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Contract Change Order No. 6 CONTRACT: L.M.C. 2007/2008 PROJECT NO.2005-08 CONTRACTOR: Kirkpatrick Landscaping Services, Inc. 43-752 N. Jackson St. P.O. Box 1807 Indio, CA 92202 CONTRACT CHANGE ORDER NO. 6 Pursuant to the terns ofthe original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. ***,ta*•r***r*+t��«*****r*r***�*a,t•****�*r�*�*s�*a•r*�*,t**��*a********a**r*�r***•r***vew,t*,t*• DESCRIPTION OF CHANGE: Addition of Landscape Maintenance as follows: Location: Turf (a3 $0.11832/SF Planter Q $0.16/SF Irrigation @ $0.02693 SF Monthly Annual Washington Street (Median) Ave 48 to Ave 50 0 30,600 SF = $4,896.00 30,600 SF = $824.06 $476.67 $5,720.06 Eisenhower Dr (Median) (Tampico to 600 LF, N. of Tampico) 0 4,290 SF = $ 686.40 4,290 SF = $115.53 $ 66.83 $ 801.93 Ave 52 (Median) DELETE Washington St. to Jefferson St. 0 70,900 SF _$ 11 344.00 70,900 SF =$ 1 909.34 $(1104.34) $(13,253.34) TOTAL rounded u 6,731.00 All other requirements of the Landscape Maintenance Contract (LMC) 2006-2007 shall apply. Previous Contract Amount Through Change Order No. 5 $752 259.00 Add This Change Order $ (6,731.00) Revised Contract Total $745.528.00 *****rr�**a*a,t*,�*r,t,e*a**sty********at*ikko**********+tveiY*****vnklnk**it**rt•***f*weat<******,t,t****** Submitted Approved •rw,e**a,r*r*rr****�**r*r**�s*,t�*a***,ra****r***,rye*,t**,�,a**,t�,e*****,e*,r**s**rarr�**,e>k,ae***wr�e,r** We, the undersigned Contractor, havegiven careful consideration to the changeproposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as maybe noted above, and perform all services necessaryto complete the above specified work, and hereby accept asfull payment the amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted By:, President Date: October 9, 200]l 11$ COUNCIL/RDA MEETING DATE: October 16, 2007 ITEM TITLE: Denial of Claim for Damages Filed By: Beth Feist, Date of Loss — July 20, 2007 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Deny the Claim for Damages filed by Beth Feist, with a reported date of loss of July 20, 2007. FISCAL IMPLICATIONS: The total amount of the claim is $724.33. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Beth Feist with a reported date of loss of July 20, 2007 (Attachment 1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. has reviewed the matter and recommends that the City Council deny the claim. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: A., 119 1. Deny the Claim for Damages filed by Beth Feist, with a reported date of loss of July 20, 2007; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, 11147 Bret M. Plum lee, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Beth Feist, Claim for Damages .Y 12 n FILE WITtf: CITY CLERICS OFFICE Cdyof La OAU P.O. Boat 15G4 La OtW CA92253 CLAIM FOR DAMAGES TO PERSON OR PROPERTY DISTRUCTIONS . f. Clebnefordeaet,"bpammorb peaerelpVwVmudbefdednotWwtmttttbtmetrteafbr treocau i - (Gor.Code§91121 2 a*m fordpecbreal poperVmudba lW aAlaa tm f yeorabrf d omwm oe. Pw. Code S 9112 j 3 Rmdwftchin bmtbbreW4 4, Swpp 2brdlapmawwWxhbbabptxeofum nf. S. Tfde d*nfam awdbe rip W m pape2alb*uL & Affidtaepo all teek raeoes y:bAmrtdlddmis SIGIIFACNSIEET. f ATTAC14MENT 1 RESERVE FORA NG STAMP o - n� r o m ry m n 7 r m .m cn X, v < . oc :3 m TO wwarcm Dabdm Nauned of Home dCJaitmntU& aadSftrb HmWdum- dQaitrmft Li-1-15Q AV Adt9assdgaommtt Q1y Sbde Mon I)a III >eldf3dtrent G<reoddresaeadldeplane btaltydryaudeo,i,ejtoroesor, iibbewd gairtlaldaSt>ddSoaaiyNo: MPA" d m y-i 50 S� dP,(�ly,t :amu11� i� gaas3 qr_ o HamesdarydhansirtrohedhWlktYorDWMWGE oad� _ Tkw S i2R1.�� ITf�Is�r . aalMadlt�lhaoomp4� Dais YNrmaddOAMfiMorINMooaa? Daatbef*,endbcWondmptataonreve=Weofftdt%t Vffimepptopria0e.¢vaaleett I so- 'aeasmnya,eMtaertl ,I=' I W on otu-%e, 494)q4+134 Ave 42 111 ,no sny-6 oo ss4((eai- Unevao , bump eleft-m sqgw 1 Dealte b ftW ewh I4J WorDAMAGE r The amoutddmed.asofMedab ofprese*ftoftisdab b asfokws: Damages named b dab (exxQ: Estnabd p ospe ve damages as far as know Da=pbpmpedr ..................... Badhosptataxe.$ EVeasesfor on" mWhoWMcare ..... S r l jA __ fvWrelossd ...................3 ` Lossofmdn s ......:......I.......... s 1�VjI�(� Olwp ..........$ Spew damages for ..................... $ Prospe*egwmWdamag% .............S _Iv Te{wi85mabd p1eSpe01iY8 �' Gerturefdamades ....................... i Torafdaw�esIm, bdab.......... S LAB Toblamwiddimedesofdabofpmsen"bfiis -72%33 (�i,rrtOtCSCt�vr �" ali" ttfP� MhsdamageawWrk aT bypotoe4 nU Sso,wh av WampammedaorarbAwcecdW an ffoo,eom *ormu6dm r iyised,stabdde,tme,nameendad*mofdocmrafymbUvM DOCTORANDHOSPfTALS: Hospid DXW Dodor fartisoddada"plusanfAoubod4p= mod*aekbmklftWrn. - w0w 6ntSooAWWestidrieylaoodwdldbyTKdbydmM"km br'B-t mabemofdb1noesbsWooeeme. ICgYddderuinWied doopmbb7 hbrYiloaOondClyYdddaNimyaufntamAandg9foa6and NOTE: wYour Vd when furird awckvdwbatmdCly named. CURB PARKWAY SIDEWALK tdvMnbdosdomt. to eteatow, etch beedo o pmurdbpmw l oedbF v lay la'-j 7120957 7120957 AMERICA'S LARGEST Financing Available see store for details INDEPENDENT TIRE COMPANY DATE: 07-26-2007 TIME: 3:09 PM LARRY FEIST 47750 SILVERBERR ST LA QUINTA 760-272-5712 760-578-4822 33309 NRM WARRANTY: COMMENT: 80075 NRM 80224 NRM 80219 NRM 80402 NRM 80015 NRM COMMENT: 84792 NRM CA 92253 2005 LINCOLN NAVIGATOR 18-INCH- ALL 4WD MILEAGE: 36,000 TORQUE SPECS: 150 2 305/35R-24XL 114V N.UMHO ECSTA STX BSW SEE REVERSE SIDE FOR WARRANTY DETAILS INFLATION F:39 R:39 2 STATE REQUIRED ENVIRONMENTAL FEE 2 WASTE TIRE DISPOSAL FEE 2 INSTALLATION & LIFETIME SPIN BALANCING 2 VALVES, POTATIONS & LIFETIME REPAIRS INCLUDED 2 SPIN BALANCING COMPUTER SPIN BALANCE BALANCE ALL 4 1 CPS 40 72820 DINAH SHORE DRIVE PALM DESERT CA 92211 PHONE: 760-324-5694 507 TIM NEINAST WORK ORDER# .00 313.00 626.00 .00 1.75 3.50 .00 2.00 4.00 .00 12.00 24.00 .00 .00 .00 .00 9.00 18.00 .00 .00 SUBTOTAL: 675.50 TAX: 48.83 WORK ORDER Air Check _ TOTAL: 724.33 LF RF ❑ Return Tires 5' E40952 DEBIT: 724.33 Change Snows TENDERED: 724.33 [ER] RR Repair aRebalance Q Rotation ❑ Wheel Lock Key X Installed I Pretorque Custome lgnature Torqued by: Bay Coordinator:■ Ft. Lbs. _ C older acknowledges receipt of goods aMbr se"Ices In the amount of the Total shown hereon end agrees to perform the obligations set forth in the Cardholdoes agreement wiN the Issuer. hh q 1f�iq .9 iY. ") J Comments:_ ■■= O 11 „ i r es r L ;j.l i �41. I ,�\ �t Ili ,� �,� ;� ,�..+ v _ S 4 E6 ' fir. �.�•�� w dCEM OF COUNCIL/RDA MEETING DATE: October 16, 2007 ITEMTITLE: Denial of Claim for Damages Filed By: Ward Young, Date of Loss — June 28, 2007 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Deny the Claim for Damages filed by Ward Young, with a reported date of loss of June 28, 2007. FISCAL IMPLICATIONS: The total amount of the claim is $402. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Ward Young with a reported date of loss of June 28, 2007 (Attachment 1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. has reviewed the matter and recommends that the City Council deny the claim. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Deny the Claim for Damages filed by Ward Young, with a reported date of loss of June 28, 2007; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, I Plumlee, AssistantCity Manager Approved for submission by: / /W� P pow.d ' Thomas P. Genovese, City Manager Attachment: 1. Ward Young, Claim for Damages 127 ATTACHMENT 1 FILE WITH: CLAIM FOR DAMAGES RESERVE FOR FILING STAMP CITY CLERKS OFFICE City of LaQuinta TO PERSON OR PROPERTY CLAIM NO. P.Q. Box1504 RE EIVED La Quints, CA 92253 INSTRUCTIONS . 1007 HUG I AM 10 18 1. Claims for death, injury to person or to personal propefly must be filed not later than sic months after the occurrence. (Gov. Code §9112.) CITY OF LA QUINTA 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. (Gov. C j T Y C L E K' S OFFICE Code § 9112.) 3. Read enfire claim form before firing. 4. See page 2 for diagram upon which to locate place of accident 5. This claim form must be signed on page 2 at bottom. 6. Attach separate sheets, Inecessary, to give full details. SIGN EACH SHEET. T0: [Ram of CiM t Date of Birth of ' t I- C°1V l Nib Z 1 2 Name of Claimant LA) '\ Occupation of Claimant A1K,D ovN�- 4 rrfteel Horne Address of Claimant d State tune Telephone of Claimant- _, S allr-v t Dt �15Fkpprk4 mu 1,vr4 L4 Business Address of Claimant (Sly and State Business Telephone of Claimant - A N4 Give address and telephone number to which you desire notices or conmunications to be sent Claimant's Social Security Noy regardirnJaaim: G itrA" 1 „� / I 1 L 311 When did DAMAGE or INJURY occur? Names of any city employees Involved in INJURY or DAMAGE: Date: Tim: If Claim is for Equitable Indemnity, give date claimant served with the complaint / Q FV Date: Where did DAMAGE or INJURY occur Descmibe fully, and locate on diagram on reverse side of this sheet Where appropriate, give street names and address and measurements from landmafks: Describe In deist how the DAMAGE or INJURY occurred. EI}(,� r&0 M W, -`E 12 f vPoZ- Y . /V yoEve2 &dell b 'l�� SYS7EM vP �<frY DI/�Q �7Gft7tNE/1 ff-«oe�i.uG- �r-n Pl-VM g CA Why do you claim the city is responsible? nu/ , Descnbe in detail each INJURY or DAMAGE .• 128 SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE The amount claimed, as of the date of presentation of this claim, is computed as follows: Damages incurred to date (exact): Estimated prospective damages as far as known: PLtlµB! N �- Damage to S sleuh"ce S 9 property ..................... $ Future expenses for medical and hospital care .$ Expenses for medical and hospital care ..... $ Future loss of earnings ....................$ Loss of earnings ........................ $ Other prospective special damages ..........$ Spector damages for ..................... $ Prospective general damages ..............$ General damages ....................... $ Total estimated prospective damages .......$ Total damages incurred to date .......... $ Total amount dakrieed as of date of presentation of This $ Was damage and/or injury investigated by police? e D N so, what dty7 Were paramedics or ambulance called? 4Va If so, name dty or ambular If injured, state date, time, name and address of doctor of your initial visit ' n WITNESSES to DAMAG�EE or INJURY: List all persons and addresses of persons known to have information: Name rTe b ttFt" 8t7Acu 6r oA 6c k Address - MPlvrlA R� I3 t N Ei R e 21r7t )3 Phone iGb 3>>f ¢q y> Name UlruDSsy�t1PlM A6t Address Ifs Cncec 7.4ArPlce Phone ?77 7075 Name Address Phone DOCTOR AND HOSPITALS: READ CAREFULLY Ford aoddentdams place on following diagram now of streets, inckpft Nodh, aodderttbirA-t' and location of yourself or your vehicle at the rune of the accident East, South, And west; indicate pboe of acddent by x and by slowing house by B-1' and the point of impad byx' naarers or distanoes to street comers. IClty veidde was nwhred, designate by leer N location of Cily VeNde when you first an k, and by B' location ofyourself NOTE Idragrams below do not 2to sttuallm aitadh hereto a proper diagram or your vehicle when you first saw City Vehide; loodon of City vehicle at fine of signed by daimant LL 'SIDEWALK CURB —S 77 hI CURB orgnawre or nr or nmg on Ills behalf giving relationship I Typed Name: Date: to Claimant lei rrL oF- aest_\/0'AvP lif%11 RO /Z ti�f3ur/b /�cl7 13 NOTE: CLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code § 915a.) Presentation of a false daim is a felony (Pen. Code § 72J 1 `/ T4'1t 4 XP Quhtm COUNCIL/RDA MEETING DATE: October 16, 2007 ITEM TITLE: Approval to Purchase a Shade Structure from Dave Bang & Associates for the La Quinta Park RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the purchase and installation of a shade structure at La Quinta Park to cover the playground area in the amount of $32,000 with Dave Bang & Associates. FISCAL IMPLICATIONS: On June 19, 2007, City Council adopted a resolution accepting a donation in the amount of $4,300 from the Moms Offering Moms Support (MOMS) Club and approved an appropriation of $27,700 from Quimby Funds for this project. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In August 2006, staff was contacted by representatives of the MOMS Club, a non- profit community organization, who proposed building a shade structure over the playground at La Quinta Park. During the past nine months the MOMS Club has raised $4,300 through their fundraising efforts. The MOMS Club of Palm Desert/La Quinta is part of the International MOMS Club, an organization that includes more than 2,000 local chapters and more than 100,000 members in the United States. The first club was established in 1983 in California as an organization to enrich the lives of children in the community. Activities of the MOMS Club include monthly membership meetings, playgroups, story time, park days, field trips, and monthly "Moms Night Out." From its inception, the MOMS Club has focused on community service. • 139 On June 19, 2007, the City Council adopted a Resolution accepting a $4,300 donation from the MOMS Club and approved an appropriation for a shade structure over the La Quinta Park Playground with funding of $27,700 from Quimby Funds. Since the contract value is less than $50,000 and requires the contractor to build it on site, the service is considered a Minor Public Works Project. Three bids were received for shade structures. Two of the bids are for standard canopy shade canopies and the third bid is for a sail design shade structure. Because of the high wind events that occur in La Quinta, the better shade coverage, and the style that matches existing shade structures at the park, a standard canopy shade structure is recommended. The cost proposal from Dave Bang & Associates for the canopy shade structure is the lowest bid at $32,000. The proposed canopy will consist of two (48 feet by 30 feet) shade structures for a total covered area of 48 feet by 60 feet. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve the purchase and installation of a shade structure at La Quinta Park to cover the playground area in the amount of $32,000 with Dave Bang & Associates; or 2. Do not approve the purchase and installation of a shade structure at La Quinta Park to cover the playground area in the amount of $32,000 with Dave Bang & Associates; or 3. Provide staff with alternative directions. Respectfully submitted, EdiA4Cq04-- Hyl n Community Services Director Approved for submission by: Thomas P. Genovese, Executive Director .01 131 i COUNCILIRDA MEETING DATE: October 16, 2007 ITEM TITLE: Acceptance of State Funding in the Amount of $100,000 from the Supplemental Law Enforcement Services Fund (SLESF) RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: Za STUDY SESSION: PUBLIC HEARING: Approve the acceptance of State Funding in the amount of $100,000 from special funding for Law Enforcement entitled Supplemental Law Enforcement Services Fund (SLESF) which would be used to support the City's frontline police services as recommended by the Chief of Police. This program is administered through the County of Riverside, which is chaired by the Sheriff (Attachment 1). FISCAL IMPLICATIONS: The City has established a SLESF Federal COPS Program revenue account (212-0000- 334.21-00) to accept the funding, and a corresponding expenditure account (101- 5054-421.36-43) to track allocations. This SLESF funding of $100,000 is included in the Fiscal Year 2007/2008 adopted budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In April, 2002, Senate Bill 823 amended the Government Code Sections 30061 and 30063 to require that, "The city council shall appropriate existing and anticipated moneys exclusively to fund frontline municipal police services, in accordance with written requests submitted by the chief of police of that city or the chief administrator of the law enforcement agency that provides police services for that city." Funds are appropriated by population; La Quinta's share of the funds for 2007/2008 is A 1�2 $100,000. The City Council reviewed the recommendations from the Chief of Police during the budget process, based on tentative projections from the State. The proposed Expenditure Plan for police services is provided as Attachment 2. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council are: 1. Approve the Supplemental Law Enforcement Services Fund Plan for Fiscal Year 2007-2008 to be used for front line police services; 2. Do not approve the Supplemental Law Enforcement Services Fund Plan for Fiscal Year 2007-2008 to be used for front line police services; 3. Provide staff with alternative direction. Respectfully submitted, 1�-/ //off Bret M. Plumlee, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Letter from Bob Doyle, Sheriff -Coroner dated September 25, 2007 2. Supplemental Law Enforcement Services Fund Plan .• 133 RIVERSIDE COUNTY BOB DOYLE, SHERIFF September 25, 2007 Mr. Tom Genovese Manager City of La Quinta P.O. Box 1504 La Quinta, CA 92247 Dear Mr. Genovese, Attachment 1 �� P.O. BOX 512 • RIVERSIDE, CALIFORNIA 92502 • (951) 955-2400 • FAX (951) 955-2428 The Supplemental Law Enforcement Services Fund (SLESF) provides money to support front line law enforcement services. In April 2002, Senate Bill 823 amended the Government Code Sections 30061 and 30063 to require that, "The city council shall appropriate existing and anticipated moneys exclusively to fund frontline municipal police services, in accordance with written requests submitted by the chief of police of that city or the chief administrator of the law enforcement agency that provides police services for that city." Your action is needed. Your city needs an expenditure plan for the 2007-08 allocation, a draft form is attached. Your allocation is $100,000.00. The request to the city council should specify the personnel, equipment, and programs necessary to meet the city's needs. The council, at a public meeting, considers the request and determines the allocation of funds. Once your city council has approved your local expenditure plan, please submit a copy to the Riverside County Sheriff's Department. The Sheriff chairs the Supplemental Law Enforcement Oversight Committee and this Committee must certify receipt and approval of the plan before the County Auditor/Controller requests approval from the Board of Supervisors to release the funds. Please submit your expenditure plan by October 30, 2007. You may fax the completed plan to the Grants Unit at (951) 955-2171. If you have any questions, please contact David Murr at (951) 955-9613. Thank you for your assistance. Sincerely, BOB DOYLE, SHERIFF -CORONER �� Zli10 Bob Meyers, Administrative Manager Contracts & Grants Unit cc: Captain Colleen Walker //Attachment .0 I34 Attachment 2 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF) EXPENDITURES FOR FISCAL YEAR 2007-08 BACKGROUND The California State Legislature annually provides special funding for Law Enforcement called the Supplemental Law Enforcement Services Fund. These funds must be used for frontline municipal police services, as recommended by the local Chief of Police. This program is administered through the County by the Supplemental Law Enforcement Oversight Committee, which is chaired by the Sheriff. Funds are appropriated by population, with each jurisdiction receiving a minimum of $100,000. The City Council reviewed the recommendations from the Chief of Police during the budget process, based on tentative projections from the State. Legislation requires that the Council approve expenditures from these funds separately, after the final determination has been made for each City's allocation. These funds are in addition to the City's current General Fund expenditures for Law Enforcement Services. During the budget review, Chief Colleen Walker recommended use of these funds to support Community Oriented Policing in the City of La Quinta. The program components in the Community Oriented Policing Program that these funds will support include: Problem Specific Traffic Program - $25,000 This program operates throughout the year. Through the utilization of the "Crossroads" traffic software (purchased during FY 2001-2002 with CLEEP grant funds), the La Quinta Police Department has been able to identify particular areas where specific problems are occurring. Additional manpower will be assigned to assist the Traffic Team with the enforcement of those violations most likely to cause traffic collisions. Traffic programs currently conducted by the Traffic Team (Holiday DUI and School Zone Speed Reduction) would also be funded through this program. Robbery Prevention Program - $40 000 The increased number of businesses has increased the potential for robberies in this area. This year round program would continue to incorporate increased bicycle, foot and unit patrols in the Highway 111 corridor. The focus of the program would be robbery prevention through increased presence and the increased interaction with business owners. Officers would make regular contact with all businesses with the intent or assuring their s 135 safety, developing sources of information reference suspicious activity, and promoting a safe business environment. The implementation of this program in FY 2002-2003 has resulted in a reduction of robberies in this area and increased communications between the Police Department and local businesses. Burglary/Theft Prevention and Apprehension Program - $35 000 This program will target the primary crime problem in the City. This year-round program would continue to focus on reducing burglary, theft and auto theft through the education of potential victims, identification of potential crime locations, and the aggressive investigation and apprehension of those suspects committing these crimes. The multi -layered approach provides remedies to the problem and encourages citizens and the police to work together on this problem. This program was implemented in FY 2002- 2003. Fiscal Impact The expenditures recommended by the Chief of Police for the use of Supplemental Law Enforcement Services Fund will be covered by the amount received by the City of La Quinta under the Supplemental Law Enforcement Services Funding. The Council, as part of the overall FY 2007-08 budget authorization, made a General Fund appropriation of special enforcement funds to cover additional anticipated program costs. Recommendation Approve the expenditures for the Supplemental Law Enforcement Services Funds as recommended by the Chief of Police, and authorize the City Manager and Finance Director to execute the appropriate documents. 13S W 4 X IMA&WIN I WIX4=1 COUNCIURDA MEETING DATE: October 16, 2007 ITEM TITLE,: Adoption of a Resolution Making Certain Findings Pursuant to Health and Safety Code Section 33445(a) and Authorizing the Expenditure of Funds for the Temporary Parking Lot at SilverRock Resort, Project No. 2007-14 RECOMMENDATIO AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 13 STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the La Quinta City Council making certain findings pursuant to Health and Safety Code Section 33445(a) and authorizing the expenditure of funds for the Temporary Parking Lot at SilverRock Resort, Project No. 2007-14. FISCAL IMPLICATIONS: The following is the project funding source: RDA Project Area No. 1 $186,283 Total Funding Available: $186,283 The following is the project budget: Inspection/Testing/Survey: $14,559 Construction: $149,325 Contingency: $22,399 Total: $186,283 Adequate funding is available to support staff's recommendation. CHARTER CITY IMPLICATIONS: None. • 137 BACKGROUND AND OVERVIEW: The SilverRock Resort development plan identifies the lot located on the corner of Avenue 52 and Jefferson Street "45-Acre Site" ultimately to be a passive park. In the interim, the area needs to have PM-10 control measures. On August 7, 2007, the Agency approved the plans, specifications, and engineer's estimate and authorized staff to advertise this project for bid. The specifications included rye grass to be planted in October 2007. The rye grass would be grown, mowed, and watered (with above -ground irrigation) until January 14, 2008. On August 30, 2007, three bids were received. Staff determined that the two lowest bidders did not posses a Class C-27 Landscape Contractors License which was required in Section 1100 Invitation to Bid. The third bid was determined to be too high with the bid amount being more than double the next closest bid. On September 18, 2007, the Agency approved the rejection of all bids and authorized staff to advertise the project again with the C-27 Landscape Contractors License or equivalent landscaping and irrigation experience as determined by the City Engineer. In an effort to keep the project moving in a timely manner, the grading portion in the original specifications was pulled and was bid out separately. Three bids were received and a purchase order was issued to Precision Landleveling in the amount of $25,550. Precision Landleveling began the grading on October 1, 2007, and is expected to have the site prepared for PM-10 measures and grassing of a temporary parking lot. The bid opening for this project was held on October 11, 2007 at 10:00 a.m. The Bid Comparison Summary (Attachment 1) shows the item prices from each bidder. The lowest bid is from Precision Landleveling, Inc. with a bid amount of $149,325. Staff recommends approving Precision Landleveling, Inc. for the Temporary Parking Lot at SilverRock Resort, Project No. 2007-14 ($149,325) and include an additional 9.75% ($14,559) for related inspection costs and an additional 15% ($22,399) for contingency. As part of the funding process the City of La Quinta Redevelopment Agency has adopted a similar resolution making certain findings pursuant to Health and Safety Code Section 33445(a) and authorized the appropriation of funds for this project. .• 138 Staff believes that the facts supporting the findings exist with regard to these improvements. Specifically, these improvements will provide a direct benefit to Project Area No. 1 and its residents by implementing PM-10 measures. No other readily available funds exist for these expenditures. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the La Quinta City Council making certain findings pursuant to Health and Safety Code Section 33445(a) and authorizing the expenditure of funds for the Temporary Parking Lot at SilverRock Resort, Project No. 2007-14; or 2. Do not adopt a Resolution of the La Quinta City Council making certain findings pursuant to Health and Safety Code Section 33445(a) and authorizing the expenditure of funds for the Temporary Parking Lot at SilverRock Resort, Project No. 2007-14; or 3. Provide staff with alternative direction. Respectfully submitted, Edie Hylton Community Services Director Approved for submission by: � �� l�tit7'Yyl�ow 1: Thomas P. Genovese, City Manager Attachment: 1. Bid Comparison Summary .o Z311 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a) AND AUTHORIZING THE EXPENDITURE OF FUNDS FOR TEMPORARY PARKING LOT AT SILVERROCK RESORT, PROJECT NO. 2007-14 WHEREAS, the Temporary Parking Lot at SilverRock Resort is located in La Quinta Redevelopment Project Area No. 1 (the "Project Area"); and WHEREAS, the construction of the Temporary Parking Lot at SilverRock Resort would afford the City's Redevelopment Agency the opportunity to address the PM-10 conditions; and WHEREAS, there is inadequate funding within the City's General Fund or from other sources to construct the Temporary Parking Lot at SilverRock Resort; and WHEREAS, it would be in the best interest of the public to construct the Temporary Parking Lot at SilverRock Resort. NOW, THEREFORE, BE IT RESOLVED, by the La Quinta City Council: SECTION 1. The above recitals are true and correct and are adopted as the findings of the City Council. SECTION 2. The City Council hereby consents to Agency funding to be utilized for the Temporary Parking Lot at SilverRock Resort. SECTION 3. Pursuant to Health and Safety Code Section 33445(a), the City Council finds and determines that: A. The construction of the Temporary Parking Lot at SilverRock Resort is of benefit to Project Area No. 1 and to the immediate neighborhood in which the PM-10 measures are located. B. No other reasonable means of financing the improvements are available to the community. .0 149 Resolution 2007- Eisenhower Rehabilitation Adopted: October 2, 2007 Page 2 C. The Temporary Parking Lot at SilverRock Resort will assist in the elimination of PM-10 issues inside the Project Area, and is consistent with the Redevelopment Agency's implementation plan adopted pursuant to Section 33490. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 161h day of October, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California leyiiM.Af VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 0 141 ATTACHMENT 1 W a 0 Z cW� uj co N a o Z O w Z Q w V Y cc U a O cc r z G N O O O O N W , 0 0 N O M Ocq C7 Z V N6Nn Z Z LU a mmvry n O w ur y> w LU J 0 U N O O M I, 6. Z , O O M M J a N O L6— 04 N _r y N Z 0 0 0 o m r, m 0 0 0 M M M L W s Lf)°r a H d .0 t�ir .Ni> X N +> N U w oW000n v- V 0 0 0 N N O O O Ln (O C'4 Lo <* r z Z J J J d N � U a U a } �0 0 a W J C O w p c 2co V a - U N U o m D 00 W c m p O J O Q r 0 Q) a or WZ N M V In a 142v ccit!t 4 4& Qu!Krry COUNCIL/RDA MEETING DATE: October 16, 2007 ITEM TITLE: Consideration of Memorandum of Understanding to Extend the Coachella Valley Fringe - Toed Lizard Permit to Allow Completion of the Coachella Valley Multiple Species Habitat Conservation Plan RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Memorandum of Understanding (MOU) to Extend the Coachella Valley Fringe -Toed Lizard (CVFTL) Permit to allow completion of the Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP), and authorize the Mayor to execute the MOU. FISCAL IMPLICATIONS: No direct fiscal impact from the MOU itself (Attachment 1). The current CVFTL Mitigation Fee is $2,371 per disturbed acre. The City Council adopted this fee on November 7, 2006. A new provision in the MOU requires all public projects including roads schools, and flood control facilities either pay the fee or provide alternative mitigation. In addition, the MOU requires the Coachella Valley Conservation Commission and Coachella Valley Association of Governments (CVAG) to purchase 100 acres of land for CVFTL preservation prior to March 15, 2008. The additional cost the City might incur as a result of these requirements cannot be determined at this time. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Since mid -July, CVAG staff has been working with the California Department of Fish and Game (CDFG) to develop an agreement regarding the CVFTL permit. The ori�rlal �43 MOU dated March 21, 2001, as subsequently amended, and the Coiisisteri&y Determination for the CVFTL were set to expire on August 31, 2007. After ongoing discussions with CDFG, a meeting was held on August 30 with Curt Taucher, Regional Manager of the CDFG and including CVAG Chairman Richard Kite and Supervisor Marion Ashley. At that meeting, CDFG agreed to a series of proposed conditions and benchmarks that must be met in order to maintain permit coverage for the CVFTL. In particular, CDFG would like to see participating agencies move forward as quickly as possible to approve the MSHCP. The essential deal points from the negotiations with CDFG have been incorporated into an MOU, which is attached for your consideration. Among the key benchmarks included in the MOU are the following conditions: 1. The CVAG Executive Committee and CVCC approved the MSHCP as well as the provisions contained in this MOU at their September 10, 2007 special joint meeting. ➢ As the MSHCP and MOU are approved, the Consistency Determination is extended until October 31, 2007 2. The Cities, County and Coachella Valley Water District (CVWD) shall consider and approve the MSHCP and this MOU prior to October 31, 2007 ➢ If the MSHCP and MOU are approved, the Consistency Determination will be extended to March 15, 2008. In addition to benchmarks toward approval of the MSHCP, other conditions in the MOU are targeted at maintaining and enhancing conservation provisions for the CVFTL. The following is a summary of the conditions which will need to be met as part of this agreement: 1. CVAG and CVCC, on behalf of the Local Permittees will acquire 100 acres of land to protect CVFTL habitat, and the sand source and sand transport areas required for the maintenance of CVFTL habitat. CVAG and CVCC shall use available funding sources, including but not limited to CVFTL fees, transportation funds, and grants. 2. CVAG and CVCC shall initiate by October 31, 2007, and complete by January 30, 2008, a financial audit of the CVFTL fees collected by the Center for Natural Lands Management since 2001. 3. The Cities and County shall continue to require payment of the CVFTL fee from September 1, 2007 through March 15, 2008. 4. CVAG and CVCC will begin work on and will submit an initial draft of the Implementation Manual sections which address CVFTL conservation to CDFG and the U.S. Fish and Wildlife Service by October 31, 2007. 5. Public projects will be responsible for paying the CVFTL fee. This condiiCn 14�t includes a provision to acknowledge that the Cities, County and CVWD have'no enforcement authority for public projects not within their jurisdiction, or subject to their jurisdiction. 6. The Cities and County will implement, to the extent allowed by law, all of the conservation measures in the Final MSHCP (included as Appendix A) that apply to CVFTL. This condition is similar to one in the 2006 MOU; the measures listed in Appendix A are excerpted directly from the MSHCP and apply primarily to unincorporated areas. NOTE: This provision has no direct effect on the City since all of the referenced Conservation Areas are outside the City limits. The dates outlined in these conditions regarding approval of the MSHCP will allow us to move forward with completion of the Plan. Once all of the Permittees have approved the Plan, the state and federal Wildlife Agencies will complete their analysis and issue a permit decision. Every effort will be made to complete the Plan and obtain permits by the end of 2007/early 2008. It is anticipated that the MSHCP will be approved and state and federal permits will be issued on or before March 15, 2008. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Memorandum of Understanding to Extend the Coachella Valley Fringe -Toed Lizard Permit to allow completion of the Coachella Valley Multiple Species Habitat Conservation Plan, and authorize the Mayor to execute the Memorandum of Understanding; or 2. Do not approve the Memorandum of Understanding to Extend the Coachella Valley Fringe -Toed Lizard Permit; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas R. Wans Assistant City Manager — Development Services Approved for submission by: 7kL�j 1 Thomas P. Genovese, City Manager Attachment: 1. Memorandum of Understanding ®'_ 145 Exhibit D ATTACHMENT 1 Coachella Valley Fringe -Toed Lizard Memorandum of Understandinq 2 rd 0 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 M. MEMORANDUM OF UNDERSTANDING Between COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS, COACHELLA VALLEY CONSERVATION COMMISSION, COUNTY OF RIVERSIDE, CITY OF CATHEDRAL CITY, CITY OF COACHELLA, CITY OF INDIAN WELLS, CITY OF INDIO, CPI'Y OF LA QUINTA, CITY OF PALM DESERT, CITY OF PALM SPRINGS, CITY OF RANCHO MIRAGE, COACHELLA VALLEY WATER DISTRICT, CENTER FOR NATURAL LANDS MANAGEMENT AND CALIFORNIA DEPARTMENT OF FISH AND GAME Regarding THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN/NATURAL COMMUNITY CONSERVATION PLAN AND MEASURES TO MINIMIZE AND MITIGATE TAKE AND CONTINUED CONSERVATION OF THE COACHELLA VALLEY FRINGE -TOED LIZARD PURPOSE The Cities of Cathedral City, Coachella, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, Rancho Mirage, all municipal corporations of the State of California ("Cities"); the County of Riverside, a political subdivision of the State of California ("County'); the Coachella Valley Association of Governments ("CVAG"); the Coachella Valley Conservation Commission ("CVCC'); the Coachella Valley Water District ("CVWD"); the California Department of Fish and Game ("CDFG'), a subdivision of the California Resources Agency; and the Center for Natural Lands Management collectively referred to as "the Parties", enter into this Memorandum of Understanding ("MOU) for the purpose of establishing the obligations of each of the Parties towards the completion of the Coachella Valley. Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan ("MSHCP') and the continued conservation of the Coachella Valley Fringe -toed Lizard ("CVFTL') in compliance with both the federal Endangered Species Act, 16 U.S.C. Section 1531 et seq., as amended ("ESA"), the California Endangered Species Act, California Fish and Game Code Section 2050 et seq., as amended ("CESA"), and the California Natural Community Conservation Planning Act, California Fish and Game Code Section 2800 et seq. II. RECITALS A. WHEREAS, the Parties agree that a permitted Coachella Valley Multiple Species Habitat Conservation Plan ("MSHCP") is the appropriate course of action to provide long term regional conservation for the 1 An 147 I 03 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 Ii Coachella Valley fringe -toed lizard, and support a concerted effort to complete the MSHCP by January 15, 2008; B. WHEREAS, the Parties entered into a Memorandum of Understanding on March 21, 2001, and CDFG subsequently made a determination pursuant to Section 2080.1 of the California Fish and Game Code ("Consistency Determination') finding that the USFWS Section 10(a) Incidental Take Permit authorizing take of the CVFTL in combination with the mitigation provided in the Memorandum of Understanding and other documents is consistent with CESA, C. WHEREAS, that Memorandum of Understanding, as subsequently amended, expires August 31, 2007; D. WHEREAS, the Parties to that Memorandum of Understanding have complied with its terms and conditions, including good faith efforts to complete the MSHCP, but desire that additional conservation measures be implemented on an interim basis to protect the CVFTL until the MSHCP is in place; and E. WHEREAS, the Parties desire to maintain take authorization for the CVFTL while the MSHCP permitting process continues. NOW, THEREFORE, THE PARTIES AGREE TO THE FOLLOWING: 1. The Memorandum of Understanding dated March 21, 2001, as subsequently amended, and the Consistency Determination currently expire on August 31, 2007. Based on the Local Agency commitments in this MOU, CDFG agrees to extend the Consistency Determination to September 10, 2007, as long as there are no other events that would legally require CDFG to re-examine whether the Consistency Determination is still appropriate. The CVAG Executive Committee and CVCC shall consider approval of the MSHCP as well as the provisions contained in this MOU at their September 10, 2007 special joint meeting, and if the MSHCP and MOU are approved, the Consistency Determination shall be extended until October 31, 2007, as long as there are no other events that would legally require CDFG to re-examine whether the Consistency Determination is still appropriate. Thereafter, if the Cities, County and CVWD consider and approve the MSHCP and this MOU prior to October 31, 2007, the Consistency Determination shall be extended to March 15, 2008. It is s V. • 143 2 1 2 3 4 5 6 7 81 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 anticipated that the MSHCP will be approved and state and federal permits will be issued on or before March 15, 2008. 2. The Parties agree that the provisions of the Memorandum of Understanding dated March 21, 2001, as subsequently amended in August of 2006, are hereby incorporated by reference subject to the specific modifications and/or additions contained in this MOU. Section III.D. of the August 2006 MOU is not incorporated by reference into this MOU. 3. CVAG and CVCC, on behalf of the Local Permittees identified in the Final Recirculated MSHCP dated September 2007, shall acquire 100 acres of land between August 31, 2007 and March 15, 2008 to protect CVFTL habitat, and the sand source and sand transport areas required for the maintenance of CVFTL habitat. CVAG and CVCC shall use available funding sources, including but not limited to CVFTL fees, transportation funds, and grants. A monthly accounting of the status of the acquisition effort shall be provided to CDFG and the U.S. Fish and Wildlife Service. By September 30, 2007, CVAG and CVCC in consultation with the Coachella Valley Mountains Conservancy, CDFG and the U.S. Fish and Wildlife Service shall set acquisition priorities. 4. CVAG and CVCC shall initiate by October 31, 2007 and complete by January 30, 2008 a financial audit of the CVFTL fees collected by the Center for Natural Lands Management since 2001. The audit will examine the number of disturbed acres for which construction permits were issued and the corresponding amount of fees paid and collected. If the amount is not accurate, the Consistency Determination shall terminate until the fee collection is brought into compliance. 5. The Cities and County shall continue to require payment of the CVFTL fee from September 1, 2007 through March 15, 2008. 6. CVAG and CVCC shall submit an initial draft of the Implementation Manual sections which address CVFTL conservation to CDFG and the U.S. Fish and Wildlife Service by October 31, 2007. 7. Public projects shall pay the CVFTL fee. Public projects include roads, schools, and flood control facilities. From September 1, 2007 through March 15, 2008, all public projects shall either: a) pay the CVFTL fee or b) provide conservation land acceptable to CDFG in an amount equivalent in value to 14j 2 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 RZ3 25 26 27 28 the CVFTL fee amount. It is understood that the Cities, County and CVWD have no enforcement authority with regard to this provision for public projects not within their jurisdiction. CVAG and CVCC, on behalf of the Local Permittees identified in the Final Recirculated MSHCP dated September 2007, shall provide a Rough Step analysis and status update for the CVFTL to CDFG and the U.S. Fish and Wildlife as described in Section 6.5 of the MSHCP monthly. The Cities and County shall implement, to the extent allowed by law, through the Interim Project Review Process, all of the conservation measures and provisions in the attached Appendix A, which excerpts those measures that apply to CVFTL from the Final Recirculated MSHCP dated September 2007. 10. This MOU may be amended with the written consent of each of the Parties to this MOU. 11. Without limiting the applicability of the rights granted to the public pursuant to the provisions of 16 U.S. C. Section 1540(g) and under California law, this MOU shall not create any right or interest in the public, or any member thereof; as a third party beneficiary hereof, nor shall it authorize anyone not a party to the MOU to maintain a suit for personal injuries or property damages pursuant to the provisions of this MOU. The duties, obligations, and responsibilities of the Parties to this MOU with respect to third parties shall remain as imposed under existing Federal or California law. 12. The terms of this MOU shall be governed by and considered in accordance with ESA, CESA, and other applicable laws. In particular, nothing in this MOU is intended to limit the authority of the U.S. Fish and Wildlife Service to seek penalties or otherwise fulfill its responsibilities under ESA, or to limit the authority of CDFG to seek penalties or otherwise fulfill its responsibilities under CESA. Nothing in this MOU is intended to limit or diminish the legal obligations and responsibilities of the U.S. Fish and Wildlife Service as an agency of the Federal government or of CDFG as an agency of the State of California. 13. Implementation of this MOU by CDFG is subject to the availability of appropriated funds. Nothing in this MOU shall be construed by the Parties to require the obligation, appropriation, or expenditure of any money from the Treasury of the State of California. The Parties acknowledge and agree that 4 e {1 150 1 2 3 4 5 6 71 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CDFG shall not be required to expend any state appropriated funds unless and until an authorized official of that agency affirmatively acts to commit such expenditure as evidenced in writing. CALIFORNIA DEPARTMENT OF FISH AND GAME Date: Regional Manager Inland Deserts Region California Department of Fish and Game Los Alamitos, California COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS Date: Chair of the Executive Committee Coachella Valley Association of Governments Pahn Desert, California COACHELLA VALLEY CONSERVATION COMMISSION Date: Chair Coachella Valley Conservation Commission Palm Desert, California RIVERSIDE COUNTY BOARD OF SUPERVISORS Date: Chair of the Board of Supervisors Riverside County Board of Supervisors Riverside, California CITY OF CATHEDRAL CITY Date: Mayor City of Cathedral City Cathedral City, California 0.., 151 5 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 CITY OFCOACHELLA Mayor City of Coachella Coachella, California CITY OF INDIAN WELLS Mayor City of Indian Wells Indian Wells, California CITY OF INDIO Mayor City of Indio Indio, California CITY OF LA QUINTA Mayor City of La Quints. La Quinta, California CITY OF PALM DESERT Mayor City of Palm Desert Palm Desert, California CITY OF PALM SPRINGS Mayor City of Palm Springs Palm Springs, California Date: Date: Date: Date: Date: Date: PO 152 6 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 s CITY OF RANCHO MIRAGE Mayor City of Rancho Mirage Rancho Mirage, California COACHELLA VALLEY WATER DISTRICT Chair Coachella Valley Water District Coachella, California CENTER FOR NATURAL LANDS MANAGEMENT Executive Director Center for Natural Lands Management Fallbrook, California Date: Date: Date: an 153 7 COACHELLA VALLEY FRINGE -TOED LIZARD MOU - Appendix A Note: These conditions are excerpted dimalyfrom the Final Recirculated Coachella Valley MSHCP — September 2007. The numbers for Conservation Obifectives and Required Measures are as they appear in the MSHCP. 1. Permittees will maintain the fluvial sand transport Essential Ecological Process in the Cabazon, Long Canyon, and West Deception Canyon Conservation Areas as described in Section 4.2.2.2.4. 2. The undeveloped portions of parcels in Conservation Areas on which Development is approved by a Permittee shall count toward meeting the MSHCP's Conservation Objectives only when the undeveloped portion of the parcel is legally described and permanently protected through an appropriate Legal Instrument, and provision is made for the land to be monitored and managed pursuant to the MSHCP's Monitoring Program and Management Program. Review of individual Development projects will occur in accordance with the Implementation Manual. 3. Permittees will protect the fluvial sand transport Essential Ecological Process in the Cabazon, Long Canyon, and West Deception Canyon Conservation Areas to ensure no net reduction in fluvial sand transport in these areas. Figure 4-5 of the MSHCP depicts these areas. The Permittees will require that natural flows onto parcels in- the fluvial sand transport areas shall be conveyed offsite in the natural pre -disturbance direction of flow. This ensures that Development on the property shall not impede water -borne sand transport across the parcel in its natural direction of flow. In addition, water- borne sediments and floodwaters shall not be artificially retained onsite. Concentration of flows and increase in flow velocity offsite shall be minimized to avoid downstream erosion and scour. Alternatively, a flood control structure for the area that is designed to ensure no net reduction of sediment transport from the sand source area to the sand deposition area where aeolian sand transport processes are active may be used to achieve the Conservation Objective of fluvial sand transport. Construction of such flood control structures, unless identified as Covered Activities in Section 7.3 of the MSHCP, will require Wildlife Agencies' concurrence. 4. Covered Activities described in Section 7.3 of the MSHCP will adhere to the required Avoidance/Minimization Measures for aeolian and fluvial Sand Transport. 5. Permittees shall submit all development projects proposed in the Conservation Areas as described in the MSHCP to the Coachella Valley Conservation Commission (CVCC) for the Interim Project Review process as described in Section 6.6.1.1 of the CVMSHCP. 6. Permittees will adhere to the Measures below as excerpted from the MSHCP: A-1 4.3.1 Cabazon Conservation Area Conservation Objectives. The Conservation Objectives for this Conservation Area are: 1. In total, 2,340 acres of the Cabazon Conservation Area shall be conserved. (This may be less than the sum of acres indicated in the following objectives because there can be overlap among areas covered by the objectives. For example, Core Habitat for two or more species may overlap, or Core Habitat and an Essential Ecological Process area may overlap. The individual acreage figures will be used in compliance monitoring.) 2. Conserve at least 1,629 acres of the sand source areas. 5. Maintain the current capacity for fluvial (water -borne) sand transport along 4,496 acres of the San Gorgonio River and its tributaries. 6. Maintain functional Biological Corridors under 1-10 by conserving at least 631 acres in the Fornat Wash Biological Corridor to maintain ecosystem function for Covered Species. Aside from the freeway culvert, which is an unavoidably narrow segment, the Biological Corridor shall be one mile wide, except where Existing Uses or Indian reservation lands not subject to the Plan preclude this width, to minimize edge effects. It should also be noted that portions of the corridor cross Indian reservation land, which is not a part of the Plan and over which the Plan exerts no control. 7. Coordinate with the Western Riverside County MSHCP Regional Conservation Authority to ensure that fluvial sand transport along the San Gorgonio River west of the Cabazon Conservation Area and functionality of the San Gorgonio River as a Biological Corridor are maintained. In this Conservation Area, the Essential Ecological Process of fluvial sand transport is to, be maintained on 4,496 acres through flood control guidelines and land use regulation only. Of the remaining area in this Conservation Area, 47% of the land is currently in public or non-profit conservation organization ownership. Current conservation ranges from Level 1 to Level 3. Required Measures for the Conservation Area. Table 4-12 shows how many acres of Existing Conservation Lands are in this Conservation Area and how many acres of Additional Conservation Lands will need to be acquired or otherwise conserved through acquisition or other means. The following measures will be imposed to achieve the Conservation Objectives in this Conservation Area. Conservation of the identified fluvial sand transport process areas will be achieved through application of the general plan land use designations and policies. In the fluvial sand transport areas, the Permittees will require that natural flows onto a parcel on which Development is proposed shall A 2 6 n 15 `J be conveyed offsite in the natural pre -disturbance direction of flow, and will require that Development on the property shall not impede water- borne sand transport across the parcel in its natural direction of flow. In addition, water -borne sediments and floodwaters shall not be artificially retained onsite. Concentration of flows and increase in flow velocity offsite shall be minimized to the maximum extent Feasible to avoid downstream erosion and scour. Alternatively, a flood control structure for the area that is designed to ensure no reduction in sediment transport from the sand source area to the sand deposition area where aeolian sand transport processes are active may be used to achieve the Conservation Objective of fluvial sand transport. 2. The culvert conveying Fornat Wash under 1-10 shall be maintained by Caltrans at no less than its current size, with a soft -bottom, to maintain current levels of sand transport and wildlife movement under 1-10. 3. Outside of the fluvial sand transport Essential Ecological Process area, the Permittees shall comply with applicable avoidance, minimization, and mitigation measures described in Section 4.4 and the Land Use Adjacency Guidelines as described in Section 4.5. 5. Within one year of Permit issuance, CVCC and the applicable Local Permittee will coordinate with the Western Riverside County MSHCP Regional Conservation Authority to ensure that fluvial sand transport along the San Gorgonio River west of the Cabazon Conservation Area and functionality of the San Gorgonio River as a Biological Corridor are maintained. Table 4-12: Conservation and Take Authorization for Cabazon Conservation Area (All acreages are based on 1996 pre -Planning Agreement information.) Total Acres Existing Acres of Remaining in Conservation Disturbance Acres to Conservation Lands Authorized be Conservation Objective Area Conserved Conserve sand 7,683 5,873 181 1,629 source areas Conserve fluvial 4,538 42 N/A N/A sand transport areas 3 Conservation of the identified fluvial sand transport process areas will be achieved through application of the general plan land use designations and policies, not through acquisition. A3 0 n 156 4.3.2 Stubbe and Cottonwood Canyons Conservation Area Conservation Objectives. The Conservation Objectives for this Conservation Area are: 1. In total, 2,430 acres of the Stubbe and Cottonwood Canyons Conservation Area shall be conserved. (This may be less than the sum of acres indicated in the following objectives because there can be overlap among areas covered by the objectives. For example, Core Habitat for two or more species may overlap, or Core Habitat and an Essential Ecological Process area may overlap. The individual acreage figures will be used in compliance monitoring.) 4. Conserve at least 1;241 acres of the sand source area in the San Bernardino Mountains to maintain the natural erosion processes that provide sediment for the blowsand ecosystem. 5: Conserve at least 1,129 acres in the fluvial (water -borne) sand transport area. Maintain the current capacity for fluvial sand transport in Stubbe Canyon Wash. 8. Maintain functional Biological Corridors under 1-10 by conserving at least 1,058 acres in the Stubbe Canyon Wash Biological Corridor north of the freeway to maintain potential Habitat connectivity for desert tortoise, Coachella Valley round -tailed ground squirrel, and Palm Springs pocket mouse, and a wildlife movement corridor to maintain ecosystem function for Covered Species., Aside from the freeway culverts and any Existing Use areas, which are unavoidably narrow segments, the Biological Corridor shall expand to one mile wide to minimize edge effects. Required Measures for the Conservation Area. Table 4-17 shows how many acres of Existing Conservation Lands are in this Conservation Area and how many acres of Additional Conservation Lands will need to be conserved through acquisition or other means. The following measures will be imposed to achieve the Conservation Objectives in this Conservation Area. 1. Existing culverts under 1-10 at West Stubbe and East Stubbe will be maintained by Caltrans at no less than their current size, with soft - bottoms, to maintain current levels of sand transport and wildlife movement under 1-10. 3. The Permittees shall comply with applicable avoidance, minimization, and mitigation measures described in Section 4.4 and the Land Use Adjacency Guidelines as described in Section 4.5. A-4 o 11 157 5`? Table 4-17: Conservation and Take Authorization for Stubbe and Cottonwood Canyons Conservation Area (All acreages are based on 1996 pre -Planning Agreement information) Total Acres Existing Acres of Remaining in Conservation Disturbance Acres to be Conservation Objective Conservation Area Lands Authorized Conserved Conserve sand 8,402 7,023 138 1,241 source areas Conserve fluvial sand 1,375 121 125 1,129 transport areas Conserve Stubbe Canyon 1,181 6 117 1,058 Wash Bio. Corridor Disturbance of no more than three acres may occur, but it would be repiacea to ensure mac the no net loss occurs and the Conservation Objective is achieved. 4.3.3 Snow CreekNVindy Point Conservation Area Conservation Obiectives. The Conservation Objectives for this Conservation Area are: 1. In total, 2,340 acres of the Snow CreekNVindy Point Conservation Area shall be conserved. (This may be less than the sum of acres indicated in the following objectives because there can be overlap among areas covered by the objectives. For example, Core Habitat for two or more species.may overlap, or Core Habitat and an Essential Ecological Process area may overlap. The individual acreage figures will be used in compliance monitoring.) 2. Conserve Core Habitat and associated Essential Ecological Processes (as set forth .below) for Coachella Valley milkvetch, Coachella Valley giant sand -treader cricket, Coachella Valley Jerusalem cricket, Coachella Valley fringe -toed lizard, Coachella Valley round -tailed ground squirrel, and Palm Springs pocket mouse, allowing evolutionary processes and natural population fluctuations to occur. Minimize fragmentation, human -caused disturbance, and edge effects to Core Habitat by conserving contiguous Habitat and effective Linkages between patches of Core Habitat. d. Conserve at least 672 acres of Core Habitat for the Coachella Valley fringe -toed lizard in the City of Palm Springs portion of the area and at least 501 acres of Core Habitat in the unincorporated portion of the area. g. Conserve at least 838 acres of the fluvial and aeolian sand transport area in the City of Palm Springs portion of the area and at least 1,482 acres in the unincorporated portion of the area. Maintain the current capacity for fluvial sand transport in the San Gorgonio River floodplain A-5 6 1 158 7. Conserve at least 62 acres of the active desert dunes and at least 610 acres of the ephemeral desert sand fields in the City of Palm Springs portion of the area, and at least 409 acres of the ephemeral desert sand fields and at least 93 acres of the stabilized and partially stabilized desert sand'fields in the unincorporated portion of the area to provide for the conservation of these natural communities. As these conserved natural communities are all part of the Core Habitat areas identified in Conservation Objective 2 for this area, attainment of that objective will also achieve this objective. 8. Maintain functional Biological Corridors and Linkages under 1-10 and Highway 111 by conserving at least 415 acres of identified Biological Corridor in the unincorporated portion of the Conservation Area and at least 247 acres identified Biological Corridor in the City of Palm Springs' portion, such that the functionality of each individual Biological Corridor listed below is not compromised: a. Conserve the Stubbe Canyon Wash Biological Corridor south of the I- 10 to maintain potential Habitat connectivity for desert tortoise, Coachella Valley round -tailed ground squirrel, and Palm Springs pocket mouse, and to maintain ecosystem function for Covered Species. Aside from the freeway culverts and any Existing Use areas, which are unavoidably narrow segments, the Biological Corridor shall expand to one mile wide to minimize edge effects. b. Conserve,. the Whitewater Floodplain Biological Corridor south of Highway 111-to maintain potential Habitat connectivity for Coachella Valley Jerusalem cricket, Coachella Valley round -tailed ground squirrel, and Palm Springs pocket mouse, and to maintain ecosystem function for Covered Species. Aside from the highway culverts and any Existing Use areas, which are unavoidably narrow segments, the Biological Corridor shall expand to one mile wide to minimize edge effects. Required Measures for the Conservation Area. Table 4-22 shows how many acres of Existing Conservation Lands are in this Conservation Area and how many acres of Additional Conservation Lands will need to be conserved through acquisition or other means. The following measures will be imposed to achieve the Conservation Objectives in this Conservation Area. 1. The culvert under Highway 111 west of Windy Point and the bridge over the San Gorgonio River at Windy Point will be maintained by Caltrans at no less than their current size, with soft -bottoms, to maintain current levels of sand transport and potential wildlife movement under Highway 111. 2. The Permittees shall comply with applicable avoidance, minimization, and mitigation measures described in Section 4.4 and the Land Use Adjacency Guidelines as described in Section 4.5. A-6 • ' 159 Table 4-22a: Conservation and Take Authorization for Snow Creek/Windy Point Conservation Area - City of Palm Springs Area (All acreages are based on 1996 pre -Planning Agreement information) Total Acres Existing Acres of Remaining in Conservation Disturbance Acres to be Conservation Objective Conservation Lands Authorized Conserved Area Conserve Core Habitat 749 2 75 672 for CV fringe -toed lizard Conserve active desert 69 0 7 62 dunes Conserve ephemeral 680 2 68 610 desert sand fields Conserve fluvial and 934 3 93 838 aeolian sand transport Conserve Hwy 111 — 276 2 27 247 WWR Biological Corridor Table 4-22b: Conservation and Take Authorization for Snow Creek/Windy Point Conservation Area - Riverside County Area (All acreages are based on 1996 pre -Planning Agreement information) Total Acres misting Acres of Remaining in Conservation Disturbance acres to be Conservation Objective Conservation Lands Authorized conserved Area Conserve Core Habitat 625 68 55 502 for CV fringe -toed lizard 4.3.4 Whitewater Canyon Conservation Area Conservation Objectives. The Conservation Objectives for this . Conservation Area are: In total, 1,440 acres of the Whitewater Canyon Conservation Area shall be conserved. (This may be less than the sum of acres indicated in the following objectives because there can be overlap among areas covered by the objectives. For example, Core Habitat for two or more species may overlap, or Core Habitat and an Essential Ecological Process area may overlap. The individual acreage figures will be used in compliance monitoring.) A7 0 ISO 3. Conserve at least 850 acres of the sand source area in the San Bernardino Mountains in the unincorporated portion of the area to maintain the natural erosion processes that provide sediment for the blowsand ecosystem. 4. Conserve at least 435 acres in the fluvial (water -borne) sand transport area in the Riverside County portion of the area. Maintain the current capacity for fluvial sand transport in the Whitewater River. Required Measures for the Conservation Area. Tables 4-27a and 4-27b show how many acres of Existing Conservation Lands are in this Conservation Area and how many acres of the Additional Conservation Lands will need to be conserved through acquisition or other means. The following measures will be imposed to achieve the Conservation Objectives in this Conservation Area. 1. The existing bridge over the Whitewater River on 1-10 will be maintained by Caltrans at no less than its current size, with a soft -bottom, to maintain at least current levels of sand transport and potential wildlife movement under 1-10. 3. The Permittees shall comply with applicable avoidance, minimization, and mitigation measures described in Section 4.4 and the Land Use Adjacency Guidelines as described in Section 4.5. Table 4-27b: Conservation and Take Authorization for Whitewater Canyon Conservation Area - Riverside County Area (All acreages arer based on 1996 pre -Planning Agreement information.) Total Acres Existing Acres of Remaining in Conservation Disturbance Acres to be Conservation Conservation Lands Authorized Conserved Objective Area Conserve sand source 12,616 11,672 94 850 areas Conserve fluvial sand 1,392 909 48 435 trans ort areas Disturbance of no more than 11 acres may occur, but it would be replaced to ensure that the no net loss occurs and the Conservation Objective is achieved. 4.3.6 Whitewater Floodplain Conservation Area Conservation Objectives. The Conservation Objectives for this Conservation Area are: 1. In total, 4,140 acres of. the Whitewater Floodplain Conservation Area shall be conserved. (This .may be less than the sum of acres indicated in the A-8 following objectives because there can be overlap among areas covered by the objectives. For example, Core Habitat for two or more species may overlap, or Core Habitat and an Essential Ecological Process area may overlap. The individual acreage figures will be used in compliance monitoring.) 2. Conserve Core Habitat and associated ecological processes (as set forth below) for Coachella Valley milkvetch, Coachella Valley giant sand -treader cricket, Coachella Valley fringe -toed lizard, Coachella Valley round -tailed ground squirrel, and Palm Springs pocket mouse, allowing evolutionary processes and natural population fluctuations to occur. Minimize fragmentation, human -caused disturbance, and edge effects to Core Habitat by conserving contiguous Habitat and effective Linkages between patches of Core Habitat. c. Conserve at least 2,659 acres of Core Habitat for the Coachella Valley fringe -toed lizard in the Palm Springs portion of the area, at least 61 acres in the Cathedral City portion of the area, and at least 57 acres in the unincorporated Riverside County portion of.the area. f. Conserve at least 3,484 acres of the fluvial and aeolian sand transport area in the Palm Springs portion of the area, at least 61 acres in the Cathedral City portion of the area, and at least 481 acres in the unincorporated Riverside County portion of the area. Maintain the current capacity for fluvial sand transport in the Whitewater River floodplain. 5. Conserve at least 392 acres of the active desert sand fields in the Palm Springs.portion of the area; at least 43 acres of the active desert sand fields in the Cathedral City portion of the area; at least 1,185 acres of the ephemeral desert sand fields in the Palm Springs portion of the area and at least 52 acres in the unincorporated Riverside County portion of the area for the conservation of these natural communities; at least 394 acres of .the stabilized and partially stabilized desert sand fields in the Palm Springs portion of the area and at least 4 acres of the stabilized and partially stabilized desert sand fields in the unincorporated Riverside County portion of the area. As these conserved natural communities are all pait of the Core Habitat areas identified in Conservation Objective 2 for this area, attainmerrt of that objective will also achieve this objective. 6. Maintain functional Biological Corridors and Linkages by conserving at least 475 acres of identified Biological Corridor in the unincorporated portion of the Conservation Area, at least 809 acres of identified Biological Corridor in the City of Palm Springs' portion, and at least 18 acres of identified Biological Corridor in the City of Cathedral City portion, such that the functionality of each individual Biological Corridor listed below is not compromised: a. Conserve the Whitewater River Biological Corridor south of 1-10 in the unincorporated area to maintain potential Habitat connectivity for ..•..� 162 ►:a9 desert tortoise, Coachella Valley round -tailed ground squirrel, and Palm Springs pocket mouse, and to maintain ecosystem function for Covered Species. Aside from the freeway bridge and any Existing Use areas, which are unavoidably narrow segments, the Biological Corridor shall expand to one mile wide to minimize edge effects. b. Conserve the Mission Creek Biological Corridor south of the freeway in the Palm Springs portion of the Conservation Area to maintain potential Habitat connectivity for Coachella Valley round -tailed ground squirrel, and Palm Springs pocket mouse, and to maintain ecosystem function for Covered Species. Aside from the freeway culvert and any Existing Use areas, which are unavoidably narrow segments, the Biological Corridor shall expand to one mile wide to minimize edge effects. d. Maintain the ability of wildlife to cross Indian Avenue and Gene Autry Trail by providing undercrossings for Coachella Valley fringe -toed lizard, flat -tailed horned lizard, Coachella Valley round -tailed ground squirrel, and Palm Springs pocket mouse if these roads are widened to six lanes or more. Required Measures for the Conservation Area. Tables 4-37a, 4-37b, and 4-37c show how many acres of Existing Conservation Lands are in this Conservation Area and how many acres of Additional Conservation Lands will need to be acquired or otherwise conserved through acquisition or other means. The following measures will be imposed to achieve the Conservation Objectives in this Conservation Area. 1. The appropriate Local Permittee for the project will ensure that when Gene Autry Trail and Indian Avenue are widened to six lanes, or in 2038- 39, whichever comes first, fluvial and aeolian sand transport capacity is not reduced. Roadway design will facilitate aeolian sand transport. Sand that accumulates upwind of either road will be deposited on the downwind side of the road to address potential impacts to aeolian sand transport. At the same time, the appropriate Local Permittee will also ensure that wildlife underpasses of sufficient size, to be determined in consultation with the Wildlife Agencies, are installed to provide for the movement of Coachella Valley round -tailed ground squirrel, Palm Springs pocket mouse, Coachella Valley fringe -toed lizard, and other species. 2. In the future, the Salvia Road (Micro Place) and Garnet Avenue Extension together may create a frontage road on the south side of 1-10 connecting Indian Avenue and Gene Autry Trail. Where the road would cross Mission Creek it must provide for fluvial sand transport along Mission Creek. Additionally, the bridge structure or culvert must provide for the movement of wildlife under the road. 3. CVWD will deposit sand removed from the groundwater recharge basins during maintenance operations in the fluvial and aeolian sand transport A-10 6..,- 163 area on available Reserve Lands in a manner that downwind habitat would receive appreciable inputs of aeolian sand from the deposits, as determined in consultation with the RMOC. It is understood that CVWD has a sediment relocation experiment underway and that the results of the experiment will be considered when they are available. 4. The Permittees shall comply with applicable avoidance, minimization, and mitigation measures described in Section 4.4 and the Land Use Adjacency Guidelines as described in Section 4.5. Table 4-37a: Conservation and Take Authorization for Whitewater Floodplain Conservation Area - City of Palm Springs Area (All acreages are based on 1996 pre -Planning Agreement information.) Total Acres in Existing Acres of Remaining Conservation Conservation Conservation Disturbance Acres to be Objective Area Lands Authorized Conserved Conserve Core Habitat for CV fringe- 5,418 2,464 295 2,659 toed lizard Conserve active 436 0 44 392 desert sand fields Conserve ephemeral 2,873 1,556 132 1,185 desert sand fields Conserve stabilized & partially stabilized 577 139 44 394 desert sand fields Conserve fluvial & aeolian sand 6,590 2,719 387 3,484 transport Conserve BiologicWF 1,183 284 90 809 Corridors Includes Whitewater River at Interstate 10, Mission Creek, and Willow Wash Biological Corridors A-11 Table 4-37b: Conservation and Take Authorization for ,,Whitewater Floodplain Conservation Area - City of Cathedral City Area (All acreages are based on 1996 pre -Planning Agreement information.) Total Acres in Existing Acres of Remaining Conservation Conservation Conservation Disturbance Acres to be Objective Area Lands Authorized Conserved Conserve Core Habitat 107 39 7 61 for CV frin a -toed lizard Conserve active desert 49 1 5 43 sand fields Conserve fluvial & 107 39 7 61 aeolian sand transport Conserve Biological 28 8 2 18 Corridors ' Includes Willow Wash Biological Corridor Table 4-37c: Conservation and Take Authorization for Whifewater Floodplain Conservation Area - Riverside County Area (All acreages are based on 1996 pre -Planning Agreement information.) Total Acres in Existing Acres of Remaining Conservation Conservation Conservation Disturbance Acres to be Objective, • Area Lands Authorized Conserved Conserve Core Habitat for CV 92 29 6 57 fringe -toed lizard Conserve ephemeral desert 86 28 6 52 sand fields Conserve stabilized & partially stabilized 5 0 1 4 desert sand fields Conserve fluvial & aeolian sand 707 173 53 481 transport Conserve Biological 701 173 53 475 Corridors Includes Whitewater River at Interstate 10, Mission Creek, and Willow Wash Biological Corridors. 165 A-12 4.3.7 Upper Mission Creek/Big Morongo Canyon Conservation Area Conservation Objectives. The Conservation Objectives for this Conservation Area are: 1. In total', 11,037 acres of the Upper Mission Creek/Big Morongo Canyon Conservation Area shall be conserved. (This may be less than the sum of acres indicated in the following objectives because there can be overlap among areas covered by the objectives. For example, Core Habitat for two or more species may overlap, or Core Habitat and an Essential Ecological Process area may overlap. The individual acreage figures will be used in compliance monitoring.) If through means not under the control of the Permittees this Conservation Objective cannot be achieved within the Desert'Hot Springs or Riverside County portions of the Conservation Area, the acreage not conserved per this Conservation Objective shall be conserved in or adjacent to this Conservation Area or the Willow Hole, Whitewater Canyon, or Snow Creek/Windy Point Conservation Areas as described below for the individual species. The Wildlife Agencies shall review impacts and conservation pursuant to the requirements above annually during the Rough Step review. If, as described below, the maximum impacts are exceeded or the minimum required conservation is not occurring, coverage for Palm Springs pocket mouse and/or Little San Bernardino Mountains linanthus shall automatically terminate and the CVCC and Permittees will be given written notice acknowledging the termination of coverage for the above -referenced species 30 days prior to coverage terminating. 2. Conserve Core Habitat and associated ecological processes (as set forth below) for Little San Bernardino Mountains linanthus, triple -ribbed milkvetch, desert tortoise, and Palm Springs pocket mouse, allowing evolutionary processes and natural population fluctuations to occur. Minimize fragmentation, human -caused disturbance, and edge effects to Core.Habitat by conserving contiguous Habitat and effective Linkages between patches of,Qore Habitat. e. Conserve at least 6 acres of the sand source areas in the Desert Hot Springs portion of the area and at least 6,488 acres in the Riverside County portion subject to natural erosion processes. f. Conserve at least 1,399 acres of the fluvial sand transport areas in the Desert Hot Springs portion of the area, at least 22 acres in the Palm Springs portion, and at least 1,509 acres in the Riverside County portion. Maintain the current capacity for fluvial sand transport in Mission Creek and Morongo Wash. 7. Maintain the two bridges on Highway 62 over Mission Creek so as not to affect the existing sediment transport and Biological Corridor. Maintain functional Biological Corridors under Highway 62 by conserving at least A-13 1GO 715 acres in the Riverside County portion to maintain potential Habitat connectivity for desert tortoise and Palm Springs pocket mouse, and to maintain ecosystem function for Covered Species. Aside from the highway bridges, and any Existing Use areas, which are unavoidably narrow segments, the Biological Corridor shall expand to one mile wide to minimize edge effects. 8. Maintain the fluvial sand transport along the existing Mission Creek Channel. Required Measures for the Conservation Area. Tables 4-42a, 4-42b, and 4-42c show how many acres of Existing Conservation Lands are in this Conservation Area and how many acres of Additional Conservation Lands will need to be conserved through acquisition or other means for each jurisdiction. The following measures will be imposed to achieve the Conservation Objectives in this Conservation Area. 1. Any improvements to Highway 62 by Caltrans will not reduce the size, openness, and existing natural character of the bridges over Mission Creek so as not to impede fluvial sand transport and wildlife movement. 3. For proposed Development in Little San Bernardino Mountains linanthus modeled. Habitat, Development in Essential Ecological Process fluvial sand transport areas shall not obstruct natural watercourses, and the rate of flow and sediment transport shall not be impeded. 4. The'Permittees shall comply with applicable avoidance, minimization, and mitigation measures described in Section 4.4 and the Land Use Adjacency Guidelines as described in Section 4.5. A-14 4 1. 161 Table 4-42a: Conservation for Upper Mission Creek/Big Morongo Canyon Conservation Area - City of Desert Hot Springs Area (No Covered Activities) (All acreages are based on 1996 pre -Planning Agreement information.) Total Acres Existing Acres Not Remaining in Conservation Conserved Acres to be Conservation Conservation Lands Conserved Objective O Area' Conserve sand source 343 337 6 Areas Conserve fluvial sand 1,869 184 1,399 transport areas Conserve Hwy 62 73 0 66 Biological Corridor 'Acreages for the Morongo Wash Special Provisions Area are included in this table. See Table 4-42d for the total and conservation acreages for the Desert Hot Springs portion of the Special Provisions Area. Table 4-42b: Conservation and Take Authorization for Upper Mission Creek(Big Morongo Canyon Conservation Area - City of Palm Springs Area (All acreages are based on 1996 pre -Planning Agreement information.) Total Acres in Existing Acres of Remaining Conservation Conservation Disturbance Acres to Conservation Area Lands Authorized be Objective Conserved Conserve fluvial sand 24 0 2 22 transport 6..L 168 FAIR Table 4-42c: Conservation and Take Authorization for Upper Mission Creek/Big Morongo Canyon Conservation Area - Riverside County Area (AU acreages are based on 1996 pre -Planning Agreement information.) Total Acres in Existing Acres of Remaining Acres to Conservation Conservation Disturbance be Conservation Objective Area z Lands Authorized Conserved Conserve sand 19,789 12,580 721 6,488 source areas Conserve fluvial sand 2,279 602 168 1,509 transport areas Conserve Hwy. 62 907 113 79 715 Biological Corridor Disturbance of no more than eight acres may occur, but rt woula be repiacea to ensure mac me no nec loss occurs and the Conservation Objective is achieved. I Acreages for the Morongo Wash Special Provisions Area are included in this table. See Table 4-42e for the total and conservation acreages for the Riverside County portion of the Special Provisions Area. 4.3.8 Willow Hole Conservation Area Conservation pbiectives. The Conservation Objectives for this Conservation Area are: 1. In total, 4,920 acres of the Willow Hole Conservation Area shall be conserved. (This may be less than the sum of acres indicated in the following objectives because there can be overlap among areas covered by the objectives. For example, Core Habitat for two or more species may overlap, or Core Habitat and an Essential Ecological Process area may overlap. The individual acreage figures will be used in compliance monitoring.) 2. Conserve Core Habitat and associated ecological processes (as set forth below) for Coachella Valley milkvetch, Coachella Valley fringe -toed lizard, Coachella Valley round -tailed ground squirrel, and Palm Springs pocket mouse, allowing evolutionary processes and natural population fluctuations to occur. Minimize fragmentation, human -caused disturbance, and edge effects to Core Habitat by conserving contiguous Habitat patches and effective Linkages between patches of Core Habitat. b. Conserve at least 211 acres of Core Habitat for the Coachella Valley fringe -toed lizard in the Cathedral City portion of the area and at least 454 acres in the Riverside County portion. e. Conserve at least 710 acres of the sand source area in the Cathedral City portion of the area and at least 17 acres in the Riverside County A-16 a.., 169 portion to maintain the natural erosion processes that provide sediment for the blowsand ecosystem. 3. Conserve at least 798 acres in the fluvial (water -borne) and aeolian (air- borne) sand transport area in the Cathedral City portion of the area and at least 2,734 acres in the Riverside County portion. Maintain the current capacity for fluvial sand transport in Mission Creek and Morongo Wash for sand transport to the Willow Hole/Edom Hill Reserve. 4. Conserve at least 319 acres of stabilized & partially stabilized desert dunes in the Riverside County portion; at least 33 acres of active desert sand fields in the Cathedral City portion of the area; at least 178 acres of ephemeral desert sand fields in the Cathedral City portion of the area and at least 728 acres in the Riverside County portion; at least 51 acres of stabilized and partially stabilized desert sand fields in the Cathedral City portion of the area and at least 128 acres in the Riverside County portion; and at least 152 acres of desert saltbush scrub in the Riverside County portion of the area to conserve these natural communities. 5. Maintain functional Biological Corridors between this area and the Whitewater Floodplain Conservation Area by maintaining the culverts conveying Mission Creek and Willow Wash under 1-10 at no less than their current size and character. Maintain functional Biological Corridors under 1-10 by conserving at least 397 acres total, such that the functionality of each individual Biological Corridor listed below is not compromised: a. Conserve the Mission Creek Biological Corridor north of the freeway to maintain potential Habitat connectivity for Coachella. Valley round - tailed ground squirrel, and Palm Springs pocket mouse, and to maintain ecosystem function for Covered Species. Aside from the freeway culvert and any Existing Use areas, which are unavoidably narrow segments, the Biological Corridor shall expand to one mile wide to minimize edge effects. b. Conserve,. the Willow Wash area north of the freeway in the unincorporated county portion to maintain potential Habitat connectivity for Coachella Valley round -tailed ground squirrel, and Palm Springs pocket mouse, and to maintain ecosystem function for Covered Species. Aside from the freeway culverts and any Existing Use areas, which are unavoidably narrow segments, the Biological Corridor shall expand to one mile wide to minimize edge effects. 6. Maintain the ability of wildlife to cross Mountain View Road, Varner Road, 18" Avenue, and Dillon Road by providing culverts or undercrossings for Coachella Valley fringe -toed lizard, Coachella Valley giant sand -treader cricket, Coachella Valley round -tailed ground squirrel, Palm Springs pocket mouse, and other species if these roads are widened beyond two lanes. 7. Maintain the fluvial sand transport along the existing Mission Creek Channel. A-17 1 Required Measures for the Conservation Areas. Tables 4-47a and 4- 47b show how many acres of Existing Conservation Lands are in this Conservation Area and how many acres of Additional Conservation Lands will need to be conserved through acquisition or other means. The following measures will be imposed to achieve the Conservation Objectives in this Conservation Area. At such time as those portions of Little Morongo Road, Mountain View Road, Dillon Road, 18th Avenue, and Varner Road within the Conservation Area are widened to four or more lanes, the appropriate Local Permittee for the project will ensure that culverts or undercrossings of adequate size and design to maintain ecosystem function for Covered Species are constructed under the road. Widening projects will undergo the Joint Project Review Process set forth in Section 6.6.1.1 to determine the dimensions of the culverts or undercrossings based on site specific conditions and best available science. Table 4-47a: Conservation and Take Authorization for Willow Hole (All adreages are,based on 1996 pre -Planning Agreement information.) Total Acres Existing Acres of Remaining in Conservation Conservation Disturbance Acres to be Conservation Objective Area Lands Authorized Conserved Conserve Core Habitat 264 29 24 211 for CV fringe -toed lizard Conserve active desert 37 0 4 33 sand fields Conserve ephemeral desert ' 227 29 20 :: 178 sand fields,:.: ,,. Conserve stabilized & partially stabilized desert 1 0 0 1 dunes Conserve stabilized & partially stabilized desert 57 0 6 51 sand fields Conserve sand 833 44 79 710 source areas Conserve fluvial & aeolian 966 78 89 788 sand transport areas A-18 Oa,; 171 Table 4-47b: Conservation and Take Authorization for Willow Hole Conservation Area - Riverside County Area (All acreages are based on 1996 pre -Planning Agreement information.) Total Acres Existing Acres of Remaining in Conservation Disturbance Acres to Conservation Objective Conservation Area Lands Authorized be Conserved Conserve Core Habitatfor 633 128 51 454 CV fringe -toed lizard Conserve ephemeral desert 906 97 81 728 sand fields Conserve stabilized & partially.stabilized'desert 383 29 35 319 dunes Conserve stabilized & partially stabilized desert 144 2 14 128 sand fields Conserve mesquite 125 16 ill 98 Hummocks Conserve sand source 186 167 2 17 Areas Conserve fluvial & aeolian 3,500 462 304 2,734 sand transport areas Conserve Mission Creek (I- 10), Willow FNash Biological 509 68 44 397 Corridors Pursuant to the avoidance, minimization, and mitigation measures in Section 4.4, mesquite hummocks will be avoided to the maximum extent Feasible. 2. The, appropriate Local Permittee shall maintain existing 360 culverts under Palm Drive at no less than their current width to provide for movement of Coachella Valley fringe -toed lizard, Coachella Valley round -tailed ground squirrel, and Palm Springs pocket mouse. 3. Existing culverts under 1-10 for Mission Creek, and Willow Wash will be maintained by Caltrans at no less than their current size, with soft -bottoms to maintain the potential for sand transport and biological connectivity. 4. A Conservation to Development ratio of 9:1 shall be maintained within the portion of the north half of Section 24, T3S R4E that is in the Conservation Area to maintain the functionality of the fluvial and aeolian sand transport systems. The Local Permittee(s) shall incorporate feasible design, orientation, or other criteria in the Implementation Manual. The 9:1 criteria would not apply to single-family homes, emergency response activities, or any non-commercial accessory uses and structures including but not limited to second units on an existing legal lot. If it appears that the ratio may not be maintained, the appropriate Local Permittee(s) will meet with the Wildlife Agencies and identify additional means or alternative methods A-19 172 that will be implemented to achieve these goals and objectives, including an accelerated acquisition program and/or Development standards to maintain fluvial sand transport. The requirements for Development in floodplains also help ensure that sand transport capacity is maintained. (See Figure 4-13f:) Special Site Planning Standards apply in this area, and with a Rural Residential general plan land use designation as of June 2004. To implement these standards the Board of Supervisors must approve an overlay zone. The standards are described below. 5. A Conservation to Development ratio of 9:1 shall be maintained within the north half of Section 19, T3S R5E; within the portion of the south half of the northwest quarter of Section 20, T3S R5E that is in the Conservation Area; and within a portion of the northwest quarter of Section 29, T3S R5E; to maintain the functionality of the fluvial and aeolian sand transport systems: The Local Permittee(s) shall incorporate feasible design, orientation, or other criteria in the Implementation Manual. The 9:1 criteria would not apply to single-family homes, emergency response activities, or any non-commercial accessory uses and structures including but not limited to second units on an existing legal lot. If it appears that the ratio may not be maintained, the appropriate Local Permittee(s) will meet with the Wildlife Agencies and identify additional means or alternative methods that will be implemented to achieve these goals and objectives, including an, accelerated acquisition program and/or Development standards to maintain • fluvial and aeolian sand transport. The requirements for Development in ftoodplains also help ensure that sand transport capacity is maintained. (See Figure 4-13f.) Special Site Planning Standards apply in this area, and with a Rural Residential general plan land use designation as of June 2004. To implement these standards the Board of Supervisors must approve an overlay zone. The standards are described below. 6. A Conservation to Development ratio of 9:1 shall be maintained within the south half of the south half of Section 28, US R5E to maintain the functionality of the aeolian sand transport system and the Biological Corridor. The Local Permittee(s) shall incorporate feasible design, orientation, or other criteria in the Implementation Manual. The 9:1 criteria would not apply to single-family homes, emergency response activities, or any non-commercial accessory uses and structures including but not limited to second units on an existing legal lot. If it appears that the ratio may not be maintained, the appropriate Local Permittee(s) will meet with the Wildlife Agencies and identify additional means or alternative methods that will be implemented to achieve these goals and objectives, including an accelerated acquisition program and/or Development standards to maintain aeolian sand transport capacity and Development standards to restrict fencing that would impede wildlife movement. (See Figure 4-13f.) Special Site Planning Standards apply in this area, and with a Rural Residential general plan land use designation as of June 2004. To' A-20 .9 ' 173 implement these standards the Board of Supervisors must approve an overlay zone. The standards are described below. 7. The Permittees shall comply with applicable avoidance, minimization, and mitigation measures described in Section 4.4 and the Land Use Adjacency Guidelines as described in Section 4.5. 8. For construction of a frontage road north of and parallel to 1-10, the appropriate Local Permittee shall ensure that project design provides for fluvial sand transport along Salvia, Edom, and Willow Washes to allow sand to be transported under 1-10. Additionally, any future bridge structure over Willow Wash must provide for the movement of the Coachella Valley round4ailed ground squirrel under the road. 9. The'a`ppropriate Local Permittee for any Development or flood control' structures along' Long Canyon Wash south of Varner Road in the Conservation Area will ensure that the project does not impede fluvial and aeolian sand transport along the wash to provide sand to the Stebbins' dune area. 11. The portion of Section 3, T4S RSE, in the Conservation Area is a Special Provisions area as follows: a. Take Authorization is provided for Development in the area depicted in Figure 4-13g. This Take Authorization becomes effective only upon the permanent Conservation of the area depicted in Figure 4-13g for Conservation. b. The Local Development Mitigation Fee will not be assessed in the Take Authorization area delineated in Figure 4-13g. c. At, such time as the Take Authorization becomes effective, the ,Conservation Objectives for affected species, conserved natural communities, and ecological processes shall be adjusted to reflect the Take .Authorization and Conservation in Section 2 provided through thiseasWre., TheJT ke Authorization does not count against the acres mofIT. ke/disturbance identified in the Plan prior to the implementation of these Special Provisions. 12. At such time as those portions of Long Canyon Channel within the Willow Hole Conservation Area are built, the appropriate Local Permittee for the project will design the facility to maintain the current sand transport process for the Conservation Area. The appropriate Local Permittee for the project will initiate a Joint Project Review Process set forth in Section 6.6.1.1 to maintain the current sand transport process for the Willow Hole Conservation Area. A-21 • 174 4.3.9 Long Canyon Conservation Area Conservation Objectives. The Conservation Objective for this Conservation Area is: 1. Maintain the fluvial (water-bome) transport of sediment through the Long Canyon floodplain area. Maintain the current capacity for fluvial sand transport in Long Canyon wash. 4.3.10 Edom Hill Conservation Area Conservation Obiectives. The Conservation Objectives for this Conservation Area are: 1. In total, 3,060 acres of the Edom Hill Conservation Area shall be conserved. (This may be less than the sum of acres indicated in the following objectives because there can be overlap among areas covered by the objectives. For example, Core Habitat for two or more species may overlap, or Core Habitat and an Essential Ecological Process area may overlap. The individual acreage figures will be used in compliance monitoring.) 2. To maintain connectivity, conserve the Other Conserved Habitat patches for the-oachella Valley milkvetch, Coachella Valley giant sand -treader cricket, Coachella Valley fringe -toed lizard, Coachella Valley round -tailed ground squirrel, and Palm Springs pocket mouse between the Thousand Palms Conservation Area and the Willow Hole Conservation Area. Maintain the Other Conserved Habitat patches, allowing evolutionary processes and natural population fluctuations to occur. Minimize fragmentation, human -caused disturbance, and edge effects to the Habitat by conserving effective Linkages between patches of Core Habitat. 3. Conserve ecological processes (as set forth below) for the Willow Hole Conservation Area and the Thousand Palms Conservation Area. a. Conserve at least 310 acres of the sand source area for the Willow Hole Conservation Area in the Cathedral City portion of the area and at least 1,770 acres in the Riverside County portion to maintain the natural erosion processes that provide sediment for the blowsand ecosystem. b. Conserve at least 565 acres in the fluvial sand transport area in the Riverside County .portion of the area for the Willow Hole Conservation Area. Maintain.. the, current capacity for fluvial sand transport in the washes emanating from the Indio Hills that carry sand to the Willow Hole Conservation Area. c. Conserve that portion of the sand source area for the Thousand Palms Conservation Area in the Riverside County portion of the Conservation A-22 ®t 175 Area to maintain the natural erosion processes that provide sediment for the blowsand ecosystem. 6. Conserve at least 3 acres of the stabilized and partially stabilized desert sandfields, and at least 37 acres of active desert sand fields in the Riverside County portion of the area to ensure the conservation of these conserved natural communities. Required Measures for the Conservation Area. Tables 4-56a and 4-56b show how many acres of Existing Conservation Lands are in this Conservation Area and how many acres of Additional Conservation Lands will need to be conserved through acquisition or other means. The following measures will be imposed to achieve the Conservation Objectives in this Conservation Area. 1. In its activities on the Edom Hill Landfill well parcel, County Waste will not significantly reduce fluvial sand transport along the wash that crosses the parcel and will not fence the property in a manner that prevents wildlife movement across the parcel. 2. The Permittees shall comply with applicable avoidance, minimization, and mitigation measures described in Section 4.4 and the Land Use Adjacency Guidelines as described in Section 4.5. Table.4-56a: Conservation and Take Authorization for Edom Hill Conservation Area - City of Cathedral City Area (All acreages are based on 1996 are-Plannina Agreement information.) Total Acres in Existing Acres of Remaining Acres to Conservation' `- Conservation Conservation Disturbance be Objective Area Lands Authorized Conserved Conserve sand source 345 0 35 310 areas A_23 v 176 Table 4-56b: Conservation and Take Authorization for Edom Hill Conservation Area - Riverside County Area (All acreages are based on 1996 pre -Planning Agreement information.) Existing Acres of Remaining Total Acres in Conservation Disturbance Acres to be vation Conserve Conservation Lands Authorized Conserved ObjectiConserve Area Other Cons. Habitat for CV fringe- 103 58 5 40 toed lizard Conserve active desert 73 32 4 37 sand fields Conserve stabilized & partially stabilized 29 25 1 3 desert sand fields Conserve sand source 2,665 698 197 1,770 areas Conserve fluvial sand 628 0 63 565 transport areas 4.3.11 Thousand Palms Conservation Area Conservation Obiectives. The Conservation Objectives for this Conservation Area are: 1. In total, 8,040 additional acres of the Thousand Palms Conservation Area shall be conserved. (This may be less than the sum of acres indicated in the following objectives because there can be overlap among areas covered by the objectives. For example, Core Habitat for two or more species may overlap, or Core Habitat and an Essential Ecological Process area may overlap. The individual acreage figures will be used in compliance monitoring.) 2. Conserve Core Habitat and associated ecological processes (as set forth below) for Coachella Valley milkvetch, Mecca aster, Coachella Valley giant sand -treader cricket, Coachella Valley fringe -toed lizard, flat -tailed horned lizard, Coachella Valley round -tailed ground squirrel, and Palm Springs pocket mouse, allowing evolutionary processes and natural population fluctuations to occur. Minimize fragmentation, human -caused disturbance, and edge' effects to Core Habitat by conserving contiguous Habitat patches and effective Linkages between patches of Core Habitat. This will also ' help maintain, connectivity with Habitat at Willow Hole through the Edom Hill Conservation Area. A-24 u 177 d. Conserve at least 818 acres of Core Habitat for the Coachella Valley fringe -toed lizard. h. Conserve at least 3,712 acres of the sand source area to maintain the natural erosion processes that provide sediment for the blowsand ecosystem. This also maintains Linkages for wildlife to the Edom Hill Conservation Area. i. Conserve at least 4,206 acres in the fluvial and aeolian sand transport area to maintain the sand transport system. Maintain the current capacity for fluvial sand transport in the washes emanating from the Indio Hills that provide sand for the Thousand Palms Conservation Area. This also maintains Linkages for wildlife to the Edom Hill Conservation Area. 7. Conserve at least_ 14 acres of active desert dunes and at least 804 acres of active desert `sand fields to provide for the Conservation of these conserved natural communities. This goal will be attained through attaining Goal 2 for the species that inhabit these conserved natural communities. 9. Maintain the ability of wildlife to cross Ramon Road, Washington Street, and Thousand Palms Canyon Road by providing undercrossings for Coachella Valley fringe -toed lizard, flat -tailed homed lizard, Coachella Valley round -tailed ground squirrel, and Palm Springs pocket mouse if these roads are widened. These undercrossings should also provide for seed dispersal. Required Measures for the Conservation Area. Table 4-61 shows how many acres of Existing Conservation Lands are in this Conservation Area and how many acres of Additional Conservation Lands will need to be conserved through acquisition or other means. The following measures will be imposed to achieve the,Conservation Objectives in this Conservation Area. 1. The planned Whitewater Flood Control Project in this area consists of a series of levees to, provide flood protection for the Thousand Palms community and.1-10 areas. A Section 7 consultation has been completed on this project and a No Jeopardy determination made through the Biological Opinion. The approved project's levees would define the southern edge of this Conservation Area. Final project design has not been completed, so the precise alignment has not been determined. The final alignment may cause a minor adjustment of the Conservation Area boundary such that the levees will not be in the Conservation Area, but will define the edge of the area. The project includes the protection of a 550 acre floodway within the Conservation Area. The levee system will help direct fluvial -borne sand into the depositional area where aeolian sand transport processes will sort and transport sand downwind. O&M of the levees will be in conformance with an O&M Manual to be developed with the U.S. Army Corps of Engineers in consultation with the Wildlife A-25 e 178 Agencies. Take associated with operation and maintenance by CVWD can be authorized pursuant to a Minor Amendment with Wildlife Agency concurrence. 2. If Ramon Road,Washington Street, and Thousand Palms Canyon Road are "widened to four lanes or more, the County will install wildlife undercrossings for Coachella Valley fringe -toed lizard, flat -tailed horned lizard,, Coachella Valley round -tailed ground squirrel, Palm Springs pocket mouse, and other species. Widening projects will undergo the Joint Project Review Process set forth in Section 6.6.1.1 to determine the dimensions of the culverts or undercrossings based on site -specific conditions and best available science. 3. Special Site Planning Standards apply in those portions of Sections 7 and 8, T4S R6E, located in the Conservation Area and with a Rural Residential and Light Industrial general plan land use designation as of June 2004. It is estimated that the implementation of the standards would conserve over 80% of the vacant parcels as of June 2004. To implement these standards the Board of Supervisors must approve an overlay zone. The standards are described below. Site Planning Standard 1: Development on the property shall not impede water -borne sand transport across the parcel in its natural direction of flow.,A drainage plan for the site shall be required and demonstrate that natural flows onto the parcel shall be conveyed offsite in the natural pre- dist6rbance direction of flow. Water -borne sediments shall not be artificially retained onsite. Site Planning Standard 2: Development shall be limited to 50% of the parcel for parcels smaller than 4 acres in size. Development shall be limited to 2 acres on parcels 4 acres or larger in size. The portion of each parcel that is not Developed shall be permanently conserved as natural open space through conveyance of fee title or conservation easement, or through deed restriction prior to issuance of any grading permit. The owner will be compensated by CVCC for the market value of the portion of the parcel required to be conserved. The Local Permittee(s) shall incorporate feasible design, orientation, or other criteria in the Implementation Manual. The portion of the site to be conserved shall be determined consistent with attainment of Site Planning Standard 1 and the maximization of aeolian sand transport relative to adjacent parcels to the extent Feasible. This portion of the property shall not be fenced. Site Planning Standard 3: Onsite driveways shall be at grade, without gutters, curbs, berms, or other elevated areas that may impede or divert the -passage of water -borne or wind-borne sand. 4. CVCC,shall continue the acquisition of vacant parcels in those portions of Sections 7 and 8, T4S R6E, located in the Conservation Area at market value from willing sellers as a high priority so long as vacant parcels remain.' CVCC shall maintain $500,000 available at all times for A-26 a " 17 9 acquisitions in Sections 7 and 8 until all vacant land has been acquired or Developed consistent with the Conservation Objectives and required measures. 5. CVCC and the County shall develop and implement a land exchange program within Sections 7 and 8, T4S R6E, which will maximize attainment of the Conservation Objectives by encouraging Development to occur in the least sensitive portions of the sections or outside the Conservation Area. CVCC and the County shall consult with the Wildlife Agencies and ISAs to determine the least sensitive portions of the area and the highest priority parcels for Conservation. As appropriate, the land exchange program will include incentives to encourage landowners to exchange parcels with high priority for Conservation for parcels in the least sensitive portions of the sections or outside the Conservation Area. 6. A Conservation to Development ratio of 9:1 shall be maintained within Section'21, T4S R6E, south of Ramon Road to maintain the functionality of the fluvial and aeolian sand transport systems. The Local Permittee(s) shall incorporate feasible design, orientation, or other criteria in the Implementation Manual. The 9:1 criteria would not apply to single-family homes, emergency response activities, or any non-commercial accessory uses and structures including but not limited to second units on an existing legal lot. If it appears that the ratio may not be maintained, the appropriate Local Permittee(s) will meet with the Wildlife Agencies and identify additional means or alternative methods that will be implemented to achieve these objectives, including an accelerated acquisition program and>or -Development standards to maintain fluvial and aeolian sand transport. The requirements for Development in floodplains also help ensure that sand transport capacity is maintained. See Figure 4-16f. Special Site Planning Standards apply in this area located in -the Conservation Area and with a Rural Residential and Light Industrial general plan land use designation as of June 2004. To implement these standards the Board of Supervisors must approve an overlay zone. The standards.are described below. 7. The alignment for Rio Del Sol from approximately Vista Chino to 20" Avenue in this Conservation Area identified in the Circulation Element of the Riverside County General Plan could create significant Habitat fragmentation, impact fluvial sand transport, and disrupt a Biological Corridor. Therefore, construction of Rio Del Sol through the Conservation Area from approximately Vista Chino to 20d' Avenue would require a Major Amendment to the Plan. 8. The alignment for 22"d Avenue from Rio Del Sol to Sky Ridge in this Conservation Area identified in the Circulation Element of the Riverside County General Plan could create significant Habitat fragmentation, impact fluvial sand transport, and disrupt a Linkage between Conservation Areas. Therefore, construction of 22"d Avenue through the Conservation A 27 l g rl 0' O J Area from Rio Del Sol to Sky Ridge would require a Major Amendment to the Plan. 9. If an extension of Chase School Road is constructed in the future, Riverside County will realign the proposed extension of Chase School Road, also known as Chocktaw, Rd. and Vista del Pajaro, to an alignment outside the Conservation Area. 10. The Permittees shall comply with applicable avoidance, minimization, and mitigation measures described in Section 4.4 and the Land Use Adjacency Guidelines as described in Section 4.5. 11. If the Monitoring Program for the Conservation Area indicates that bird predation of Coachella Valley fringe -toed lizards or flat -tailed horned lizards is a problem because of the use of IID overhead power lines and poles, IID will consult with the Reserve Unit Management Committee to identify appropriate Adaptive Management measures for it to implement. Table 4-61: Conservation and Take Authorization for Thousand Palms Conservation Area (All acreages are based on 1996 pre -Planning Agreement information.) Total Acres Acres of Remaining Existing Acres of Acperes to Conservation Conservation Disturbance Conservation Objective Area Lands Authorized Conserved Conserve Core Habitat 3,962 3,053 91 818 for CV fringe -toed lizard Conserve active desert 421 405 2 14 dunes Conserve active desert 3,543 2,650 89 804 sand fields Conserve mesquite 58 58 0 0 hummocks . Conserve sand source 13,056 8,932 412 3,712 areas Conserve fluvial & aeolian 12,550 7,877 467' 4,206 sand transport areas Conserve Linkages 25,607 16,808 880' 7,919 Of this Authorized Take, 147 acres can be used only in Section 8, T4S R6E. The acres of disturbance authorized were calculated using private land in 1996 in the Thousand Palms Conservation Area and do not include the 147 acres of disturbance authorized for Section 8. Therefore, to obtain the total authorized disturbance for the Thousand Palms Conservation Area for these species, the 147 acres of disturbance authorized for Section 8 should be added. A-28 1 b 1 0 O 4.3.12 West Deception Canyon Conservation Area Conservation Objectives. The Conservation Objectives for this Conservation Area are: 1. Conserve at least 1,063 acres of the sand source area to maintain the natural erosion processes that provide sediment for the blowsand ecosystem. 2. Maintain the current capacity for fluvial sand transport in the West Deception Canyon fluvial sand transport system. Required Measures for the Conservation Area. Table 4-66 shows how many acres of Existing Conservation Lands are in this Conservation Area and how many acres of Additional Conservation Lands will need to be conserved through acquisition or other means. The following measures will be imposed to achieve the Conservation Objectives in this Conservation Area. 1. Development requirements imposed in floodplains will ensure that sand transport capacity is maintained. 2. If flood control structures are built in the West Deception Canyon Conservation Area, the appropriate Local Permittee for the project will -ensure that such structures avoid adverse impacts to the sand transport process for the Thousand Palms Conservation Area. A Major Plan Amendment will be required for such flood control structures, unless such a flood control structure is determined to be beneficial to the sand transport process. In that instance, a Minor Amendment to the Plan can be approved with Wildlife Agency concurrence. 4.3.13 Indio Hills/Joshua Tree National Park Linkage Conservation Area Conservation Objectives. The Conservation Objectives for this Conservation Area are: 1. In total, 10,530 acres of the Indio Hills/Joshua Tree National Park Linkage Conservation Area shall be conserved. (This may be less than the sum of acres indicated in the following objectives because there can be overlap among areas covered by the objectives. For example, Core Habitat for two or more species may overlap, or Core Habitat and an Essential Ecological Process area may overlap, The individual acreage figures will be used in compliance monitoring.) 2. Conserve ecological processes for the Thousand Palms Conservation Area that occur in the Indio Hills/Joshua Tree National Park Linkage A-29 182 Conservation Area and Core Habitat for the desert tortoise as set forth below: b. Conserve at least 4,135 acres of the sand source area to maintain the natural erosion processes that provide sediment for the blowsand ecosystem. c. Conserve at least 6,132 acres in the fluvial sand transport area. Maintain the current capacity for fluvial sand transport in the washes emanating from the Little San Bernardino Mountains that flow into Thousand Palms Canyon. Required Measures for the Conservation Area. Table 4-71 shows how many acres of Existing Conservation Lands are in this Conservation Area and how many acres of Additional Conservation Lands will need to be conserved through'acquisition or other means. The following measures will be imposed to achieve the Conservation Objectives in this Conservation Area. 2. A Conservation to Development ratio of 9:1 shall be maintained within Section 30, T3S WE to maintain the functionality of the fluvial sand transport systems. The Local Permittee(s) shall incorporate feasible design, orientation, or other criteria in the Implementation Manual. If it appears that the ratio may not be maintained, the appropriate Local Permittee(s) will meet with the Wildlife Agencies and identify additional means or alternative methods that will be implemented to achieve these goals and objectives, including an accelerated acquisition program and/or Development standards to maintain fluvial sand transport. The requirements for Development in floodplains also help ensure that sand transport capacity is maintained (See Figure 4-18f). Table 4-71: Conservation and Take Authorization for Indio Hills/Joshua Tree National Park Linkage Conservation Area (All acreages are based on 1996 pre -Planning Agreement information.) Total Acres Existing Acres of Remaining in Conservation Conservation Disturbance Ace to Conservation Objective Area Lands Authorized Conserved Conserve sand source 5,823 1,228 460 4,135 areas , Conserve fluvial sand 7,304 491 681 6,132 transport areas A-30 6 183 4.3.15 East Indio Hills Conservation Area Conservation Objectives. The Conservation Objectives for this Conservation Area are: Conserve at least 4 acres of active desert dunes in the Riverside County portion; at least 295 acres of stabilized and partially stabilized desert sand fields in the Riverside County portion of the area; at least 100 acres of stabilized shielded desert sand fields in the City of Indio portion of the area and at least 256 acres in the Riverside County portion; at least 2 acres of mesquite hummocks in the City of Indio portion of the area and at least 39 acres in the Riverside County portion; and at least 7 acres of desert saltbush scrub in the Riverside County portion of the area to conserve these natural communities. Conservation of natural communities in the City of Indio is subject to the conditions in measure 1 of the Required Measures for the Conservation Area section below. 4.3.16 Joshua Tree National Park Conservation Area Conservation Objectives. The Conservation Objectives for this Conservation Area are: 2. Conserve Core Habitat for desert tortoise, potential Habitat for gray vireo, and ecological processes for the Joshua Tree National Park Conservation Area :(as set forth below), allowing evolutionary processes and natural population fluctuations to occur. Minimize fragmentation, human -caused disturbance, and edge effects to Core Habitat by conserving contiguous Habitat patches and effective Linkages between patches of Core Habitat. d. Maintain the current capacity for fluvial sand transport in the washes eMahating from the Little San Bernardino Mountains that provide sand for the Thousand Palms Conservation Area. Avoidancd'and Minimization Measure Fluvial Sand Transport. Activities, including O&M of facilities and construction of permitted new projects, in fluvial sand transport areas in the Cabazon, Stubbe and Cottonwood Canyons, Snow Creek/Windy Point, Whitewater Canyon, Whitewater Floodplain, Upper Mission Creek/Big Morongo Canyon, Mission Creek/Morongo Wash, Willow Hole, Long Canyon, Edom Hill, Thousand Palms, West Deception Canyon, and Indio Hills/Joshua Tree National Park Linkage Conservation Areas will be conducted in a manner to maintain the fluvial sand transport capacity of the system. A-31 a 194 ceityo&.fwQu&rw COUNCIL/RDA MEETING DATE: October 16, 2007 ITEM TITLE: Consideration of Adoption of a Resolution Related to the Coachella Valley Multi - Species Habitat Conservation Plan, Final Environmental Impact Report and Implementing Agreement RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council: (1) adopting environmental findings related to the Coachella Valley Multi -Species Habitat Conservation Plan's ("MSHCP") Environmental Impact Report (EIR); (2) approving the MSHCP; and (3) directing the Mayor to execute the related Implementation Plan. The Resolution also rescinds the City Council's Resolution Number 2006-052. Adopt a Resolution of the City Council establishing the MSHCP Policy which contains the procedures and requirements for implementation of the MSHCP. The Resolution also rescinds the City Council's Resolution Number 2006-053. FISCAL IMPLICATIONS: Implementation of the MSHCP is expected to cost $665,123,000 (2008 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 Transportation Project Prioritization Study (TPPS) projects. See Tables 1 and 2 for detailed cost and revenue information. The proposed Development Mitigation Fee would be $5,730 per acre, with a per unit fee for residential development. The residential fee per unit for a density of 0-8 units per acre would be $1,284. The original proposed fee was $5,270 per acre. The increase is a result of Desert Hot Springs disapproving the Plan, updated land value information, and lands already acquired. For residential development, the proposed fees may be higher (compared to per acre fee) 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: None. BACKGROUND AND OVERVIEW: The Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan (MSHCP) has been underway for more than 12 years. Following the decision by Desert Hot Springs in June 2006 not to participate in the MSHCP, the Plan was revised and recirculated. The Recirculated MSHCP and associated documents were released for public review and comment on March 29, 2007 for a 60-day comment period which closed on May 30, 2007. Letters were sent to all owners of record with lands in the proposed Conservation Areas; CVAG staff responded to more than 200 calls from landowners. CVAG is the lead agency for the Recirculated Draft EIR, and U.S. Fish and Wildlife Service (USFWS) is the lead agency for the Supplemental Final EIS. During the comment period, three public forums were held. A total of 67 individual comment letters were received. Following the close of the comment period, CVAG, its consultants and attorneys, and USFWS (as lead agency for the EIS) prepared written responses to all the written comments. The Final Recirculated EIR includes responses to all written comments received from agencies, private organizations, and the public during the public comment period. In addition, changes to the Final Recirculated MSHCP, Final Recirculated Implementing Agreement, and Final Recirculated EIR/Supplemental Final EIS have been made as appropriate in response to the comments received. The changes are not significant. This fulfills the intent of CEQA and NEPA to provide decision makers and the public a full analysis of the potential impacts of the MSHCP and to provide the public with an opportunity to provide additional information to decision -makers regarding the potential effects of the MSHCP. The Final Recirculated MSHCP documents were delivered to CVAG members and Permittees between August 31 and September 5, 2007, including printed and CD copies of the documents. Every agency, private organization and member of the public, who submitted a comment during the public review and comment period, was notified of the availability of the Final Recirculated EIR which includes the response to comments and of the September 10, 2007 special joint meeting and Public Hearing of the Executive Committee, Coachella Valley Conservation Commission, Energy and Environmental Resources Committee, and Technical Advisory Committee. Post cards were sent to all property owners of record in the Conservation areas notifying them of the September 10, 2007 public hearing. All MSHCP documents are available on the website www.cvmshcp.org. A copy of all the documents has been provided to the City Council in advance of this staff report. The MSHCP has been reviewed by attorneys from Best, Best & Krieger (BB&K), legal counsel to CVAG for the MSHCP project. They reviewed the Recirculated Draft EIR/Supplemental Final EIS before the public comment period, and assisted in preparing the responses to comments and the changes to the EIR/EIS resulting in the Final Recirculated EIR/Supplemental Final EIS that is before you. BB&K attorneys have also prepared CEQA findings, which summarize the EIR analysis of the project's impacts and the project design features that avoid significant adverse effects. At the September 10, 2007 special joint meeting and public hearing, the CVAG Executive Committee approved the MSHCP and certified the Final Recirculated EIR on a vote of 10-0 with the City of Desert Hot Springs and Cabazon Band of Mission Indians abstaining. The findings adopted by the CVAG Executive Committee conclude that the Final Recirculated EIR is legally adequate and that the MSHCP will not result in significant adverse impacts on the environment. Summary and Benefits of the MSHCP The Final Recirculated MSHCP excludes the City of Desert Hot Springs as a Permittee and includes coverage for the proposed Morongo Wash flood control facility. The MSHCP will ultimately conserve over 240,000 acres of open space and protect 27 plant and animal species. Some of the benefits of the MSHCP are outlined below. • Assures critical freeway and freeway interchange projects can be built without delays resulting from endangered species conflicts; • Offers certainty for the business community ultimately making the Coachella Valley a more attractive place for businesses to relocate or expand; • Preserves the Coachella Valley's native desert wildlife and creates a magnificent system of open space parks, trails and reserves; Safeguards significant habitat linkages and wildlife corridors that enable aniryafs 187 to move safely from one habitat area to another; • By providing comprehensive compliance with federal and state endangered species laws, the Plan not only safeguards the desert's natural heritage for future generations, it benefits quality of life in the Coachella Valley. Ramifications of the MSHCP not being Approved Approval of the MSHCP is required in order to maintain the Coachella Valley fringe - toed lizard permit, according to the MOU with the California Department of Fish and Game considered at the September 10, 2007 meeting. Further, if the Plan is not approved by all the Permittees, there will be no Incidental Take Permit for the eleven currently listed species that occur in Coachella Valley and no Incidental Take Permits 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 MOU extending the Coachella Valley fringe -toed lizard (CVFTL) permit until March 15, 2008 requires approval of the MSHCP by all Permittees by October 31, 2007. Without a State of California permit, USFWS is likely to initiate suspension or revocation of the federal Incidental Take Permit because the MSHCP is intended to redress deficiencies in the existing CVFTL HCP identified by USFWS. Without the MSHCP, and the loss of the CVFTL permit, 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 by the 1-10 Mitigation Bank. If the MSHCP is not approved, there would be no Incidental Take Permit for the TPPS projects or for Caltrans' improvements. Each such project would need to seek an Incidental Take Permit on a project -by -project basis from the Wildlife Agencies. While five 1-10 freeway interchanges and associated arterials are being addressed though the 1-10 Mitigation Bank on a parallel track to the MSHCP with the Wildlife Agencies, there are likely to be delays with future projects caused by the lack of an MSHCP. • Risk of New Species being listed as Threatened or Endangered. If a species not currently listed were to become listed •(such as Palm Springs pocket mouse), all development in that species' habitat would be prohibited under the Endangered Species Act without an Incidental Take Permit. • No Simplification of Compliance with the State and Federal Endangered Species Acts. Even 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 to determine if sensitive species are present, and mitigation measures, which may have to be individually negotiated with USFWS and the California Deparatment of Fish and Game (CDFG). Such 0,0 M, individual project mitigation can be quite costly and can cause significant delays in projects. Plan Summary 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 41 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. 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. All City roadways shown on the General Plan are located outside conservation areas and are Covered Activities even though all roadways are not specifically listed by name in the Plan. In Conservation Areas the permits will provide take authorization for the following covered activities: • Development permitted or approved by local jurisdictions that is consistent with the Plan's limitations. • Operation and maintenance of existing legal private uses as of the date of Plan approval. i .. 189 • Construction and maintenance of trails consistent with the Plan's guidelines, except those portions on federal lands. 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 745,900 acres within the Plan's Conservation Areas. Currently, 557,100 acres within Conservation Areas are public or private lands and are managed as open space/conservation lands. The balance 166,380 aces needs to be acquired for conservation purposes and 22,420 acres within Conservation Areas could be developed. The City has one conservation area within the City limits. 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 provides habitat protection for Peninsular Bighorn Sheep. USFWS has proposed amendments to its existing Critical Habitat designation. Staff has asked CVAG to provide the City Council with an update on this proposed action and how it may affect the MSHCP. This Conservation Area affects all hillside and alluvial fan property in the City. Specific properties that are covered 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. 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 orquasi-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 Watercourse/Flood Control (W) 3% Not Developable TOTAL 100% Future land use decisions will require a careful evaluation of this section of the Plan, Section 4.4 and 4.5. Required Avoidance, Minimization and Mitigation in Conservation areas (Section 4.4): 199 6." 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 "streamlined" process for allowing construction activity during lambing season. 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. According to CVAG staff, the Land Use Adjacency Guidelines do not apply to any existing permitted land uses or development. The Noise Section of the Adjacency Guidelines have been revised to lower the noise level from 105 dBa to 75 dBa Leq. Staff has raised several concerns regarding this change since it is more restrictive than the prior draft of the MSCHP. As currently written, this revised noise standard does not include provisions or exemptions for construction noise, maintenance equipment, or special events. The City Noise Ordinance has a noise standard of 55-60 dBa for residential and a noise standard of 65-75 dBa for non-residential. In addition, there are criteria for noise increases based upon time duration. The City Noise Ordinance has exemptions for emergency vehicles, emergency operations, City maintenance, and construction activities. City staff ha 191 been working with CVAG staff to address this item in more detail in the Implementing Manual. Staff also suggests that CVAG add a provision for special events which may not comply with the proposed noise standard. City and CVAG staff will continue to work on this provision. During review of the previous Draft MSHCP, CVAG staff stated 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 was comfortable with this portion of the Plan. However, the text in the Recirculated MSHCP appears to make this Section mandatory. In response to on -going discussions, CVAG staff has added language to the MSHCP stating that there will be additional clarification included in the Implementation Manual establishing procedures and requirements to implement the Noise Section of the Adjacency Guidelines. Restrictions on Take and Habitat Loss (Section 4.6): 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. Recently, the City Council approved a matching grant to acquire 100 acres within Section 5 (seven parcels)• 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 completed a Section 7 consultation with USFWS. Based upon the Section 7 consultation and associated take permit Travertine will not be affected by the MSHCP. Travertine is required to comply with all requirements contained in its take permit. 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 192 • 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 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. 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. Becave 193 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 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. The Plan does shift some decision -making to the City relative to Covered Species. However, the HANS process could be lengthy and cumbersome for property owners. 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. The MSHCP would not eliminate the State and Federal streambed alteration permits. Therefore, 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. Plan Implementation: The Plan will be administered by the Coachella Valley Conservation Commission (CVCC), a joint powers authority. The CVCC is 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. Costs of Funding for Plan Implementation: Cost of, and funding for the Plan includes direct and indirect costs including land acquisition, monitoring, management, and 1 administration. The following Table has been revised and summarizes updateV 19" permittee costs over the 75 year term of the permit. Tables 1 and 2 are shown in strikeout format so the City Council can see CVAG revisions. 1r_r3nM1 Amount Item 47-6 N000 Non -acquisition program administration costs (from Table 5-3b) $1 15,414,000 S189,934,000 Monitoring Program (from Table 5-3b) $ 254, 294,000 $201 7-7§ GGG Management Program (from Table 5-3b) $221,252,000 $27,1127,000 Adaptive Management (from Table 5-3b) $14,903,000 -$491,363,008 Land acquisition costs (from Table 5-3c 1) $526,705,000 8,633,000 Land improvement costs (from Table 5-3c) $9,080,000 $19,673,000 Acquisition program administrative costs (from Table 5-3c) $24,565,000 $6,000,000 Management Contingency Fund (from Table 5-3c) $5,000,000 TOTAL Expenditures $1,171,213,000 $$7-86,739,000 Endowment Fund balance in Year 75 (from Table 5-3d) $860,741,000 4176 000 Fund balance in Operating Fund in Year 75 (from Table 5-3b) $5,386,000 $1,160,000 Repayment of conservation Trust Fund advance to complete Plan $1,200,000 $1810,794,000 TOTAL $2,038,540,000 The revised budget is due to the following factors: (a) change in inflation rate from 3% to 3.29%; (b) increased staff needs; (c) Monitoring Plan increased to include Trails Plan research program. 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: TABLE 2 Amount Revenue Source $503 163,000 Local Development Mitigation Fee (from Table 5-3c) $516,802,000. $218,2-96,000 $227,604,000 Wabitat Genreyatlee T. i..+ Fm--'Rd Conservation Trust Fund (from Table 5-3b) $31 07�A00 $247,500,000 Eagle Mountain Open Spaee TFUSt Fund Eagle Mountain Environmental Mitigation Trust Fund (from Table 5- 3b) 4Z-2-,976,000 Regional Infrastructure Mitigation (Caltrans, CVWD, and III) $60,208,000 contributions to acquisition and endowment) $ . 000 $31,077,000 T-Fans e.+..+'e Sales Tax (MeaS A +,.+..1 ie. ,d+iee and endewment) Regional Road Projects Mitigation (Measure A Sales Tax total contribution to acquisition and endowment; and freeway interchange/associated arterials contribution to endowment $3,200,000 Transfer from CVFTL HCP Endowment Interest on Investments(from Tables 5-3b, 5-3c, and 5-3d; interest $952,149,000 generated on money in Operating Fund, the Land Acquisition and Improvement Fund, and Endowment Fund) 0;7-94,000 TOTAL Revenues $2,038,540,000 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 acres 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. 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: The City Council, during its review of the previous Draft MSH�R> i9 expressed concerns about the proposed fees for multifamily residential development. The following mitigation fees are currently proposed: Residential Fees 0-8 units/acre $1,284 per unit 8.1 — 14 units/acre $ 533 per unit Over 14 units $ 234 per unit Commercial and Industrial $5,730 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 $1,284 $2,568 4 $1,284 $5,136 8 $1,284 $10,272 9 $533 $ 4,797 14 $234 $3,276 As shown above, the actual fee, when broken down by project type, requires medium density residential development to pay higher fees. The City Council, in its previous review of the Plan, expressed concerns about the proposed fee schedule. 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, low density residential development and high density residential development will pay a lower fee than medium density development. Additionally, the proposed fee does not address many land use types including golf course developments, hotels, institutional and other land uses. Staff continues to be concerned that very low density development will not pay its fair share and that medium 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. CVAG has indicated that its Nexus Study supports the proposed fee and that to alter the proposed fees, the Nexus Study would need to be revised. 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 . 191 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. Plan Schedule Consideration by Cities, County and other Permittees: Before October 31, 2007 Issuance of State and federal permit: Before March 15, 2008 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council: (1) adopting environmental findings related to the Coachella Valley Multi -Species Habitat Conservation Plan's ("MSHCP") Environmental Impact Report (EIR); approving the MSHCP; and (3)directing the Mayor to execute the related Implementation Plan and rescinding Resolution Number 2006-052; and Adopt a Resolution of the City Council establishing the MSHCP Policy which contains the procedures and requirements for implementation of the MSHCP and rescinding Resolution Number 2006-053; or 2. Do not adopt Resolutions of the City Council relating to the MSHCP; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas R.,Ievans Assistant City Manager — Development Services r. t. 198 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Final Recirculated CVMSHCP on CD (previously provided) 2. Final Recirculated CVMSHCP Executive Summary 3. City Council Minutes, October 16, 2007 �..L 199 RESOLUTION NO. 2007_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA 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 AND RESCINDING RESOLUTION NUMBER 2006-052 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)(13) 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 at seq.) and the State CEQA Guidelines (14 CCR § 15000 at seq.); and WHEREAS, a joint Recirculated 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 September 10, 2007 reviewed the Final Recirculated EIR/EIS, MSHCP/Natural Communities Conservation Plan ("NCCP"), Implementing Agreement, and other related documents in the record before it and by Resolution No. 07-009, certified the Final Recirculated a( 209 S:\CityMgr\STAFF REPORTS ONLY\B2 MSHCP EA Reso.DOC City Council Resolution No. 2007- CVMSHCP - EIR Findings October 16, 2007 EIR/EIS, and approved the MSHCP/NCCP and Implementing Agreement; and WHEREAS, pursuant to State CEQA Guidelines sections 15091, 15096 sub. (h), 15381, and other provisions of CEQA, the City of La Quinta ("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 October 16, 2007, independently reviewed and considered the Final Recirculated 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 Recirculated 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 Recirculated EIR/EIS, Final Recirculated EIR/EIS and other documentation relating to the Project, and all oral and written evidence presented to it; WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred; and WHEREAS, the documents and other materials that constitute the record of proceedings/administrative record for the City's approval of the Project are located at 78-495 Calle Tampico, La Quinta, California, and the custodian of these records is the City Clerk of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA QUINTA AS FOLLOWS: A. The Final Recirculated EIR/EIS prepared for the MSHCP is hereby received by $: 201 ;. City Council Resolution No. 2007- CVMSHCP — EIR Findings October 16, 2007 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 Recirculated 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, the City Council has reviewed and considered the information contained in the Final Recirculated EIR/EIS and related documents before it and all of the environmental effects of the MSHCP, and finds that the Final Recirculated EIR/EIS reflects the independent judgment and analysis of the City. C. The City Council concurs with the environmental findings in CVAG Resolution No. 07-009 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 Implementing 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 16th day of October, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: 4 202 City Council Resolution No. 2007- CVMSHCP - EIR Findings October 16, 2007 VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 20J RESOLUTION NO. 2007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA TO ESTABLISH PROCEDURES AND REQUIREMENTS FOR IMPLEMENTATION OF THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN AND RESCINDING RESOLUTION NUMBER 2006-053 IMPLEMENTATION POLICY THE CITY COUNCIL OF THE CITY OF LA QUINTA 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 11. 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 16`h day of October, 2007, 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. 0.: 204 S:\CityMgr\STAFF REPORTS ONLY\B2 MSHCP Implementing Resolution.DOC City Council Resolution No. 2007- CVMSHCP Implementation Policy Adopted: October 16, 2007 Page 2 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 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. City Council Resolution No. 2007- CVMSHCP Implementation Policy Adopted: October 16, 2007 Page 3 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. 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 surveys are prepared for the project as required by Sections 4.3 and 4.4 of the MSHCP. C. The City shall 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 and as further defined in the Implementation Manual. D. 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. 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 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. The City shall participate in the Joint Review Process as set forth in Section 6.6.1.1 of the MSHCP for projects in the Conservation Areas. •.. 206 City Council Resolution No. 2007- CVMSHCP Implementation Policy Adopted: October 16, 2007 Page 4 J. The City shall manage MSHCP Reserve System lands and conservation easements owned or leased by the City pursuant to Sections 8 and 9 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. SECTION 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 . " o.; 201 City Council Resolution No. 2007- CVMSHCP Implementation Policy Adopted: October 16, 2007 Page 5 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. 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 16" day of October, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California @, 209 Recirculaled Draft Coachella Valley MSHCP — February 2A47rACHMENT 2 Executive Summary E.S.' Background, Purpose, Scope, Process, and Regulatory Context A Scoping Study prepared for the Coachella Valley Association of Governments (CVAG) by the Coachella Valley Mountains Conservancy (CVMC) in 1994 recommended that a Multiple Species Habitat Conservation Plan (Plan) be prepared for the entire Coachella Valley and surrounding mountains to address current and potential future state and federal Endangered Species Act issues in the Plan Area. (See Figures 1-1 and 1-2 in Section 1 for maps of the Plan Area and its regional context.) A Memorandum of Understanding ("Planning Agreement') was developed to govern the preparation of the Plan. In late 1995 and early 1996, under the auspices of CVAG, the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage; County of Riverside (County); U.S. Fish and Wildlife Service (USFWS); California Department of Fish and Game (CDFG); Bureau of Land Management (BLM); U.S. Forest Service (USFS); and National Park Service (NPS) signed the Planning Agreement to initiate the planning effort. Subsequently, Caltrans, Coachella Valley Water District (CVWD), Imperial Irrigation District (IID), Riverside County Flood Control and Water Conservation District (County Flood Control), Riverside County Regional Park and Open Space District (County Parks), Riverside County Waste Resources Management District (County Waste), California Department of Parks and Recreation (State Parks), and CVMC decided to participate in the Plan. In late 1996 and early 1997, the Parties to the Planning Agreement approved an amendment stipulating that the Plan will meet the intent of the Natural Community Conservation Planning Act (NCCP Act) as well as the California Endangered Species Act (CESA) and the Federal Endangered Species Act (FESA), and, further, that the Planning Agreement constitutes an agreement to prepare a Natural Community Conservation Plan (NCCP) as specified in California Fish and Game Code Section 2810. The Plan and Final EIR/EIS were released in early 2006 for local jurisdiction approval. In June 2006, the City of Desert Hot Springs made the determination not to approve the Plan. The CVAG Executive Committee then rescinded its approval of the Plan and directed that the Plan be revised to remove Desert Hot Springs as a Permittee and reflect other proiect description modifications that had been suggested during public review. This recirculated Draft Plan implements that direction. The Plan balances environmental protection and economic development objectives in the Plan Area and simplifies compliance with endangered species related laws. The Plan is intended to satisfy the legal requirements for the issuance of Permits that will allow the Take of species covered by the Plan in the course of otherwise lawful activities. The Plan will, to the maximum extent practicable, minimize and mitigate the impacts of the Taking and provide for Conservation of the Covered Species. ES-1 209 Recirculated Draft Coachella Malley MSHCP — February 2007 The Plan has been prepared under the direction of CVAG, which contracted with CVMC for Plan preparation. A Project Advisory Group (PAG), composed of representatives of the Parties to the Planning Agreement; other public agencies, including CVWD and the University of California (UC); and private sector groups, including the Building Industry Association, the Sierra Club, The Nature Conservancy (TNC), the Center for Natural Lands Management (CNLM), and the Riverside County Farm Bureau, has provided a forum for input from an array of interests. All PAG meetings have been public meetings to provide an opportunity for public input. Public forums were held in 1998, 1999, and 2000, and special meetings and contact by mail have provided opportunities for potentially affected landowners to offer input into the planning process. A Scientific Advisory Committee (SAC) provided technical expertise on biological issues. The SAC is made up of biologists from BLM, NPS, USFS, UC, initially TNC and subsequently CNLM, and CVWD, and one non -biologist who provided liaison with the PAG. USFWS and CDFG (Wildlife Agencies) have also attended most SAC meetings. A Geographic Information Systems (GIS) Team, composed of staff from BLM, CVAG, CVMC, and the County, has provided GIS services, including developing data layers, natural communities and species distribution mapping and modeling, gap analysis, and reserve design and corridor mapping. The proposed term of the Permits is 75 years, which is the length of time required to fully fund Plan implementation. The acquisition program is projected to require 30 years to acquire all the Permittee obligation land. Full funding of the endowment for the Monitoring Program, the Management Program, Adaptive Management, and ongoing administration costs is projected to require 75 years E.,S.2 Plan Area Profile The Coachella Valley is a broad, low elevation, northwest -southeast trending valley comprising the westernmost limits of the Sonoran Desert. It is located in the eastern portion of Riverside County, approximately 100 miles east of Los Angeles. Riverside County as a whole covers over 4,700,000 acres (7,310 square miles), making it California's fourth largest county and roughly equal in size to Connecticut. The Plan Area boundaries were chosen to maximize inclusion of the Coachella Valley watershed. Portions of the watershed outside Riverside County or outside the jurisdictional boundaries of CVAG were not included in order to avoid institutional and administrative complexity. The Plan Area extends westward to Cabazon where it is bounded by the range line common to Range I East and Range 2 East. This is approximately the limit of the Sonoran or Colorado Desert in the San Gorgonio Pass area. The easternmost extent of the Plan Area is the range line common to Range 13 East and Range 14 East. Either the ridgeline of the Little San Bernardino Mountains or the boundary line with San Bernardino County where the ridgeline extends north of the county line bounds the Plan Area on the north. On the south, either the ridgeline of the San Jacinto and Santa Rosa Mountains or the boundary line with San Diego and Imperial Counties forms the Plan Area boundary. The Plan Area encompasses approximately 1.2 ES-2 , 210 Recirculated Draft Coachella Valley MSHCP — February 2007 million acres. Of this, approximately 69,000 acres are Indian Reservation Lands, which are not included in the Plan, leaving a total of approximately 1.1 million acres addressed by the Plan. Based on census data, the average annual growth rate in the 1970s in the Plan Area was just over 4.1%. This rose to over 5.8% in the 1980s. The annual growth rate between 1990 and 2000 was approximately 3.4%. The rate is projected to decline thereafter to less than 3% per year according to the Southern California Association of Governments Regional Transportation Plan Growth Forecast. It should be noted, however, that the estimated increase in population remains significant after the year 2000, with nearly an anticipated 145,000 new people added between 2000 and 2020. That is more than the total population of the Plan Area in 1980. The cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage lie within the Plan Area, principally on the floor of the Coachella Valley. Together their jurisdictions make up approximately 16% of the Plan Area. The remaining 84% of the Plan Area is unincorporated. Approximately 4541 % of the land covered by the Plan is privately held. Though not included in the Plan, Indian Reservations within the Plan Area include the Morongo, Agua Caliente, Santa Rosa, Cabazon, Twenty -Nine Palms, Torres -Martinez Band, and Augustine. The balance of the Plan Area is public land managed by various local, state, and federal agencies, including BLM, USFS, NPS, USFWS, Bureau of Reclamation (BOR), CDFG, State Parks, UC, CVMC, and special districts, and open space lands owned by the Cities of Cathedral City, Coachella, Desert Hot Springs (which is not a Permittee),Indian Wells, Indio, La Ouinta, Palm Desert, Palm Springs, and Rancho Mirage and the County. Data derived from the Plan database indicate that approximately 6.0% of the Plan Area is currently urbanized, 1.0% is in rural development, 7.5% of the land is under agriculture, 0.5% has wind energy development on it, and 28.0% is vacant land under private or public non - conservation ownership. Of the remaining land in the Plan Area, 4.0% is covered by the Salton Sea, and 53.0% is public or Private Conservation Land. While public land and Private Conservation Lands in some areas constitute large blocks of Habitat, in other areas the Habitat on public lands is fragmented by the checkerboard pattern of public lands and Private Conservation Lands with non -conservation private lands. The Conservation lands are not distributed in such a way as to provide adequate protection for all types of Habitat, or to protect Essential Ecological Processes for some Habitats, and Biological Corridors and Linkages for wildlife movement between major open space areas. E.S.3 Plan Development The conservation plan was developed in consultation with the SAC, using best available science. The SAC developed a methodology for use in assessing the relative biological value of lands within the Plan Area and the subsequent development of a Preferred Alternative conservation plan. The Peninsular bighorn sheep conservation strategy was primarily based on the Recovery Plan for Bighorn Sheep in the Peninsular Ranges, California (USFWS 2000). ES-3 �11 Recirculated Draft Coachella Valley MSHCP — February 2007 The Plan recognizes that there is inevitably an uncertainty factor in scientific information about biological systems. The Monitoring and Adaptive Management Program is designed to increase the level of knowledge about species covered by the Plan, conserved natural communities, ecological processes, and connectivity. Changes in management of the Conservation Areas, and minor boundary changes, could result from such increased knowledge. Any such changes would be consistent with the No Surprises Assurances Rule of USFWS and CDFG assurances. The conservation planning process reflects the broadest goals of the Plan, which are: Represent native ecosystem types or natural communities across their natural range of variation in a system of conserved areas. ➢ Maintain or restore viable populations of the species included in the Plan so that Take Permits can be obtained for currently Listed animal species and Non -listed animal species can be covered in case they are listed in the future. ➢ Sustain ecological and evolutionary processes necessary to maintain the viability of the conserved natural communities and Habitats for the species included in the Plan. ➢ Manage the system adaptively to be responsive to short-term and long-term environmental change and to maintain the evolutionary potential of lineages. The planning process consisted of the steps described below. 1. Determine the species and natural communities to be included in the Plan. The planning team developed the initial list of species and natural communities to be considered. The list was narrowed down through the planning process as described in Section 3.2. 2. Gather information on the species and natural communities. Information was gathered on individual species from the following sources: (1) existing information from the literature, including Environmental Impact Reports (EIRs) and other environmental documents, museum records, and other reports on species distribution and ecological requirements; (2) California Natural Diversity Data Base (CNDDB) records; (3) presence/absence surveys for species about which more information was needed in selected areas where they have a probability of occurring and some potential to be protected; and (4) information and location maps provided by individual biologists. Information on the natural communities was gathered from: (1) the University of California at Santa Barbara Gap Map (2) LANDSAT satellite thematic mapping imagery, (3) color infrared aerial photographs, (4) blue -line aerial photographs of the Plan Area; (5) aerial photographs from 1939 and 1954 for historic natural communities, and (6) the CNDDB and the Palm Springs Desert Museum for desert fan palm oases. 3. Prepare accounts of individual species and natural communities. These accounts summarize available information on species' life history, habitat and ecological requirements, overall range, distribution within the Plan Area, threats, and conservation needs. Similar accounts were prepared on the composition and distribution of natural communities, threats, and conservation needs. 4. Gather other pertinent information. Information was also gathered and entered into the GIS database regarding existing conservation lands, topography and other natural ES-4 e.,,, 212 Recirculated Drq/t Coachella Valley MSHCP — February 2007 features, watersheds, ecological processes, roads, and current land uses. Infonnation on projected land uses, parcel configuration, and political boundaries was also gathered for use in developing implementation measures. 5. Prepare a Natural Communities Map. A Natural Communities Map was prepared to delineate the distribution of the natural communities in the Plan Area. This infornation was used in (1) modeling species' habitat distribution, (2) developing the Site Identification Maps, and (3) evaluating whether adequate protection will be afforded to the conserved natural communities on which the Plan focuses pursuant to the NCCP Act. 6. Analyze biological resource information to map species' distribution. Species' Habitat distribution maps were prepared for all species except burrowing owl using known occurrences, Habitat associations based on the Natural Communities Map, and, where relevant, elevation ranges of the species, landform data, sand source data, and soils data. Consensus was then obtained as to the adequacy and accuracy of information about the distribution of species in the Plan Area. Models were prepared for species for which sufficient data existed to use in developing a model. For the burrowing owl only known location information was used in conservation planning. 7. Develop Site Identification Maps. Site Identification Maps were developed by mapping at the quarter -section level and analyzing data regarding species richness, natural community richness, habitat heterogeneity, and habitat fragmentation, and refining the resulting maps using information about Essential Ecological Processes necessary to sustain Habitats, Core Habitat, endemic species occurrences, and other pertinent information. The Site Identification Maps delineate the areas of highest biological resource value in the Plan Area. See Appendix I for a detailed description of the Site Identification process. 8. Delineate Core Habitat areas, Essential Ecological Process areas, and Biological Corridors and Linkages. For each of the species for which sufficient data were available, Core Habitat areas were delineated, defined as areas of unfragmented Habitat with intact Essential Ecological Processes large enough to sustain a viable population of the species. See Appendix I for additional information on this process. Areas needed to maintain Essential Ecological Processes to sustain Core Habitat, and Biological Corridors and Linkages were also identified. 9. Develop Conservation alternatives. Three Conservation alternatives were initially developed for consideration. Conservation Alternative I consisted of existing public lands and Private Conservation Lands only. This alternative was included to assess the extent to which Existing Conservation Lands would suffice to protect the Covered Species and the conserved natural communities included in the Plan. Based on the Site Identification Maps, Conservation Alternative 2 was developed to provide Core Habitat for the Covered Species, protect Essential Ecological Processes to sustain those Habitat areas, provide Biological Corridors among Conservation Areas, and conserve natural communities as functioning ecosystems. The Biological Corridors were intended to provide not only for movement of Covered Species, but also for other species, including coyotes, bobcats, mountain lions, and foxes, necessary to maintain predator -prey relationships, general biological diversity, and the opportunity for species adaptation in response to potential climate change. Conservation Alternative 3 included additional areas with potential Conservation value as Habitat, corridor, and ecological process areas. A statistical analysis of the Conservation alternatives was prepared to provide ES-5 a., 213 Recircalated Draft Coachella Valley MSHCP — February 2007 information about the acreage of Habitat protected for each species and natural community under each alternative. The statistical analysis provided quantitative information on species and natural community protection, which was useful in conjunction with the qualitative analysis conducted in Step 10 using the conservation criteria. 10. Develop and use criteria for evaluating the conservation alternatives. Criteria were created to evaluate whether or not the Conservation Areas provide adequate protection for the species and natural communities on which the Plan focuses. 11. Conduct Independent Science Advisors (ISA) Review. During the course of the planning process, two workshops were held with leading conservation biologists Dr. Reed Noss, Dr. Michael Soule, and Dr. C. Richard Tracy to get their input on the conservation plan. The ISA included the aforementioned conservation biologists as well as other scientists. (See Appendix I for additional information.) In early 2001, the ISA reviewed the work completed to date. In addition, a preliminary draft of a study titled Long-term Sand Supper to Coachella Valley Fringe -toed Lizard (Uma inornata) Habitat in the Northern Coachella Valley. California (United States Geological Survey 2000) was made available. 12. Develop a Preferred Alternative. The Conservation Area maps prepared by CVAG were discussed in a series of meetings among CDFG, USFWS, CVAG staff, and local jurisdictions to evaluate land use, and economic and biological considerations. Through this process, the proposed Conservation Areas were further refined and a preferred alternative was developed 13. Delineate Conservation Goals and Objectives. Conservation Goals and specific Conservation Objectives were developed for each Covered Species, natural community, Essential Ecological Process, Biological Corridor, and Linkage in the Conservation Areas to ensure that Conservation would be accomplished and that the tools for compliance monitoring were in place. Covered Species and Conserved Natural Communities The Planning Agreement identified 52 species to be considered for inclusion in the Plan and targeted all the natural communities in the Plan Area. As information was gathered through the planning process, the Planning Team continuously reviewed the list. Other experts on individual species were also consulted. The 27 species ultimately included in the Plan are listed in Table 3-1 in Section 3 of the Plan. There are five plants, two insects, one fish, one amphibian, three reptiles, eleven birds, and four mammals. The Planning Agreement listed 23 natural communities known to occur in the Plan Area. Through the planning process a total of 46 natural communities were identified in the Plan Area. Of these, 27 natural communities provide Habitat for the Covered Species and are the focal point for establishment of Conservation Areas. The natural communities included in the Plan's Conservation Areas are listed in Table 3-3 in Section 3 of the Plan. The other natural communities are not included in the Conservation Areas established under this Plan; however, with three exceptions, these other natural communities are already adequately protected in the Plan Area on public lands. The three exceptions that are not either currently protected or proposed for protection under this Plan are active shielded desert dunes, Riversidean desert ES - 6 L, 214 Recirculated Draft Coachella Vallee MSHCP — February 2007 scrub, and tamarisk scrub. Only a fragment of the active shielded desert dunes, surrounded by urbanization and shielded from Essential Ecological Processes, occurs in the Plan Area. Riversidean desert scrub is restricted to the San Gorgonio Pass in the Plan Area, where it occurs primarily on the Morongo Indian Reservation, which is not part of the Plan. It is more common in the western part of the County, where it is addressed in the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). Tamarisk scrub is not a "natural" community in that it is dominated by an exotic plant species, i.e. tamarisk. In areas where some tamarisk :scrub is included in the Conservation Areas, the intent is to restore it to the appropriate natural community to the maximum extent practicable. Conservation Alternatives Considered CEQA requires that a range of conservation alternatives be considered and Section I0(a)(2)(A)(iii) of FESA requires that an HCP analyze alternative actions which would not result in Take of Listed Species (animal species) or would reduce such Take below levels anticipated for the project proposal and state the reasons why such alternatives are not being utilized. In addition to the Plan itself, the conservation alternatives described below have also been considered. a Permits weeld not Y 'a T «J v v .. f the Gayeed Species r Development tmde...he jurisdietion f he City of Palm Springs. T The seal Development MitigationNlitigation Fee would neeelleeted in the he af Palm lemenWien. All Exist J Springs r Censer-vation Lands, exeept these belonging to the Gify of Palm Springswould e8fitiHHe C N4914 P Reserve System e..ld lands within the l, 1. f Palm Spr-:«.... eemmit4ed to Consef-yation by ethef PeFmit4ees. Conservation Alternative 1. This alternative includes all local, state, and federal agency land, and Private Conservation Land, in the Plan Area with Conservation Levels 1, 2, and 3. No new areas would be acquired for Plan purposes. As a result, sand transport, watershed, and other Essential Ecological Processes would not be adequately protected and Biological Corridors would not be conserved, and Core Habitat areas would be fragmented in many instances. Conservation Alternative 2. This alternative would establish Conservation Areas intended to protect Core Habitat for the Covered Species and conserved natural communities included in the Plan, Essential Ecological Processes necessary to sustain these Habitats, and Biological Corridors and Linkages. The Conservation Areas include most of the Conservation Alternative 1 lands as well as private lands essential for Core Habitat, Essential Ecological Processes, and Biological Corridors and Linkages. Based on comments in the ISA report, comments received from CDFG and USFWS, and additional information in the Long-term Sand Supply to Coachella Valley Fringe -toed Lizard (Uma Inornata) Habitat in the Northern Coachella Valley, California (United States Geological Survey, 2000), Conservation Alternative 2 was subsequently revised to develop the Preferred Alternative. Conservation Alternative 3. This alternative expanded on Conservation Alternative 2 by including all additional areas that were recommended for further consideration by USFWS and CDFG in their response to the Site Identification Maps. This alternative would result in less Take ES-7 0 215 Recirculated Draft Coachella Valley MSHCP — February 2007 than the Preferred Alternative; however, it was determined that this alternative was not Feasible based on representations from various Local Pernrittees and analysis of land ownership patterns. Conservation Alternative 4. In their joint letter dated April 17, 2000, the Wildlife Agencies recommended inclusion of an alternative that "fully protects those areas encompassed by the current composite modeled distribution and known locations of target species in the Plan Area." By seeking to protect all Habitat for the Covered Species in the Plan, this alternative would result in a significant reduction in Take Authorization and significant increase in costs. Thus, Conservation Alternative 4 was determined to not be feasible and was not analyzed further. No Project Alternative. The No Project Alternative entails no Plan being developed and no Permits issued. Individual projects would have to seek their own Incidental Take Permits or avoid Incidental Take by not developing portions of the project site that would result in Take of a listed species (animal species). The No Project Alternative is likely to be incapable of conserving certain Essential Ecological Processes, particularly the fluvial sand deposition and aeolian transport areas, which are necessary to support occupied Habitat by Covered Species in the dunes and other blowsand Habitats. There would not be a coordinated system of Biological Corridors and Linkages provided to connect Conservation Areas and the ability to provide Linkages through project by project mitigation may be precluded over time through continued Development. Further, the No Project Alternative would not provide protection for non -listed species or for natural communities that do not provide Habitat for Listed Species. Over time, Non -listed species would likely become listed, thereby increasing regulatory burdens and difficulty for Development. E.S.4 Establishment of the MSHCP Reserve System The Conservation Plan includes the establishment of an MSHCP Reserve System, setting Conservation Objectives to ensure the Conservation of the Covered Species and conserved natural communities in the MSHCP Reserve System, provisions for management of the MSHCP Reserve System, and a Monitoring Program, and Adaptive Management. The MSHCP Reserve System will be established from lands within 21 Conservation Areas. Because some Take Authorization is provided under the Plan for Development in Conservation Areas, the actual MSHCP Reserve System will be somewhat smaller than the total acres in the Conservation Areas. When assembled, the Reserve System will provide for the Conservation of the Covered Species in the Plan Area. For each Conservation Area, Conservation Objectives are articulated for conserving Core Habitat for Covered Species, Essential Ecological Processes necessary to maintain Habitat viability, Biological Corridors and Linkages as needed, and the less common conserved natural communities. Core Habitat has not been delineated for all species. Where it has not been delineated, Conservation Objectives are stated for either acres of Habitat or known occurrences. ES-8 a 216 Recirculated Draft Coachella Valley MSHCP — February 2007 The MSHCP Reserve System will be established within 21 Conservation Areas from the following components: s Existing Conservation Lands, managed by local, state, or federal agencies, or non-profit conservation organizations Z Complementary Conservation Y Additional Conservation Lands The MSHCP Reserve System will be assembled as shown below: 1996 2006 Lands 44"00_458,800 484,600 Existing federal lands in MSHCP Reserve S stem 32,700 44,600 Existing state lands in MSHCP Reserve System 900 19,100 Existing non-profit organization lands in MSHCP Reserve System? 4,000 8,800 Existing Local Permiuee Conservation lands in the MSHCP Reserve System 484r#W96,400 557,100 SUBTOTAL S3,�i9069.290 29,990 Acres of Complementary Conservation 39,850 21,390 Acres to be acquired by state and federal agencies 7,500 7,500 Additional Local Permittee acres for which there will be cooperation to conserve 93,100 88,900 Acres to be acquired or otherwise conserved by the Local Permittees 10,800 10,800 Non-Permittee public and quasi -public lands 7,800 7,800 Fluvial sand transport area where the Conservation Objective is met through non -acquisition. Development consistent with Conservation Objectives is allowed.] SUBTOTAL -COMPLEMENTARY 243,-740228.340 166,380 CONSERVATION AND ADDITIONAL CONSERVATION LANDS Potential Development within Conservation Areas from Table 5- 22,660 22,420 1. TOTAL — CONSERVATION AREAS �47,400 745,900 ` The acreage includes lands purchased by non-pront organizations and donated to federal agencies. 3 The acreage includes lands owned by non-profit organizations but acquired with State grant funds or local funds. 3 These acres are in the Cabazon, Long Canyon, and West Deception Canyon Conservation Areas. Implementation of the Plan must ensure that the Conservation Objectives delineated for each Conservation Area are achieved. Implementation relies on cooperation among all the signatories to the IA, including local, state, and federal agencies. Assembly of the MSHCP Reserve System is a necessary component of Plan implementation. 217 ES-9 Recirculated Drat Coachella Valley MSHCP - February 2007 Existing Conservation Lands within Conservation Areas The Conservation Areas contained approximately 49�, 96,400 acres of Existing Conservation Lands as of 1996. By 2006, this had increased to approximately 534,,100557, l00 acres. These are lands in public or private ownership that are managed for Conservation and/or open space values, and which contribute to the Conservation of the Covered Species and the conserved natural communities included in the Plan. Federal lands within the MSHCP Reserve System that will contribute to the Conservation of the Covered Species include lands administered by the BLM, BOR, NPS, USFWS, and USES. State lands within the MSHCP Reserve System that will contribute to the Conservation of the Covered Species include lands administered by the CDFG, State Parks, CVMC, and UC. The federal and state Existing Conservation Lands are summarized in Table 4-2 in Section 4.1. The Local Permittees will cooperate to conserve identified Local Permittee-owned land in perpetuity in the MSHCP Reserve System. The existing Local Permittee and CVFTL HCP Mitigation Lands and their status are summarized in Table 4-3 in Section 4.1. Various non-profit conservation organizations own land in the MSHCP Reserve System, which they acquired for conservation purposes. CVCC will seek agreements with these non-profit organizations to ensure the permanent Conservation and management of these lands pursuant to the Plan, including providing access to the property for biological monitoring and management purposes. Non-profit conservation organization Existing Conservation Lands are shown in Table 4-4 in Section 4.1. The Existing Conservation Lands include the CVFTL Preserve system established pursuant to the CVFTL HCP, approved in 1986. Three preserves were established: Coachella Valley (Thousand Palms), Whitewater River Floodplain, and Willow Hole-Edom Hill. As described in Section 16.2 of the IA, it is the Parties' intent that the lands acquired under the CVFTL HCP will be subsumed into and managed as part of the MSHCP Reserve System. The Coachella. Valley fringe -toed lizard is a Covered Species under the MSHCP. Complementary Conservation Several acquisition efforts for conservation purposes pre -date the MSHCP, and are ongoing efforts expected to conserve approximately 42-,59029,990 acres in the MSHCP Reserve System from T��-�0-3November 2006 on. These include BLM and USES acquisition programs in the Santa Rosa and San Jacinto Mountains National Monument, BLM Wilderness inholdings acquisitions, and inholdings acquisitions in Joshua Tree National Park. These acquisition programs pre -date the MSHCP, have broader rationales than the MSHCP program, and are independent of the MSHCP effort. They complement implementation of the MSHCP, but are not a Permittee obligation for purposes of the authorization of Take. Additional Conservation Lands A minimum of 4404, 59129,690 acres in the Conservation Areas will be conserved as Additional Conservation Lands, to be acquired or otherwise conserved through state and federal acquisitions and Permittee contributions. The Local Permittees will also protect the fluvial sand transport Essential Ecological Process on approximately 7,800 acres in the Cabazon, Long Canyon, and West Deception Canyon Conservation Areas through application of general plan land use designations and policies, and flood control guidelines standards. ES-10 - e 218 Recirculated Draft Coachella Valley MSHCP — February 2007 Through the MSHCP and its IA, the federal and state governments have agreed to partner with the Local Permittees in assembling, managing, and monitoring Reserve Lands. The federal and state governments will acquire approximately 3-1,25-021,390 acres of privately owned lands this federal and state obligation is beyond any mitigation obligations for Development authorized by Local Permittees pursuant to the Plan) in the Conservation Areas after 3uru=, 2903November 2006, as well as manage certain federal and state Existing Conservation Lands in the MSHCP Reserve System, and participate in the Monitoring and Adaptive Management Program for Reserve Lands. The Permittees (Local and State) have an obligation to conserve approximately 115,140444440-__acres in the Conservation Areas, as of 1996 through: ➢ Conservation of 7,500 acres of currently non -conserved Local Permittee-owned lands. [See Section 4.2.2.2.1.1 ➢ Conservation of 9334-0088.900 acres (as, of Additional Conservation Lands by the Local Permittees and Caltrans through acquisition or other means, such as planning tools and land use regulation, and acquisition of 640 acres by State Parks (after 1996), of which 100 acres can be developed for State Park facilities. [See Section 4.2.2.2.2.] ➢ Management of 940A18,200 acres of Permittee Existing Conservation Lands consistent with the MSHCP. [See Section 4.2.2.2.3.] In addition, the Permittees will maintain the fluvial sand transport Essential Ecological Process in the Cabazon, Long Canyon, and West Deception Canyon Conservation Areas as described in Section 4.2.2.2.4. In addition to acquisition, land in the Conservation Areas may be conserved through dedication, deed restriction, or granting of a conservation easement in conjunction with Development approvals and conservation incentives. Habitat conserved through planning tools and land use regulation shall be protected, prior to issuance of a grading permit, by fee title transfer, granting a conservation easement to CVCC or other approved entity, or recordation of a deed restriction. Rights of access for monitoring and management of the lands by CVCC, the Wildlife Agencies, or their designees shall be provided. Conservation Areas The Plan will result in the establishment of the MSHCP Reserve System, assembled from lands within 21 Conservation Areas, which, combined with the Monitoring Program and the Management Program, are designed to achieve the following Conservation Goals: 1. Represent native ecosystem types or natural communities across their natural range of variation in a system of conserved areas. 2. Maintain or restore self-sustaining populations or metapopulations of the species included in the Plan to ensure permanent Conservation so that Incidental Take Permits can be obtained for currently Listed animal species and Non -listed animal species can be covered in case they are listed in the future. 3. Sustain ecological and evolutionary processes necessary to maintain the functionality of the natural communities and Habitats for the species included in the Plan. ES-11 6 219 Recirculated Draft Coachella Valley MSHCP — February 2007 4. Maximize connectivity among populations and avoid habitat fragmentation within Conservation Areas to conserve biological diversity, ecological balance, and connected populations of Covered Species. 5. Minimize adverse impacts from off road vehicle use, illegal dumping, edge effects, exotic species, and other disturbances in accordance with the Management and Monitoring Programs. 6. Manage the Conservation Areas adaptively to be responsive to short-term and long-term environmental change and new science. Required Avoidance, Minimization, and Mitigation Measures The Plan includes certain requirements for Covered Activities in the Conservation Areas to avoid, minimize, and mitigate impacts to bighorn sheep Habitat, Biological Corridors, burrowing owl, covered riparian bird species, crissal thrasher, desert tortoise, fluvial sand transport, Le Conte's thrasher, mesquite hummocks and mesquite bosque natural communities, and -triple -ribbed milkvetch Palm Springs pocket mouse and Little San Bernardino Mountains linanthus. These measures do not apply to single-family homes and any non-commercial accessory uses and structures including but not limited to second units on an existing legal lot. The measures have limited application to C&M activities. To assist Permittees with implementation of these measures, CVCC will maintain maps of modeled Habitat and a Natural Communities Map and provide them to each of the Permittees. CVCC will also maintain a list of Acceptable Biologists who may be used to conduct surveys for specified Covered Species. CVCC will also maintain a list of survey protocols approved by either or both CDFG and USFWS. Land Use Adjacency Guidelines 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. Edge effects will also be addressed through reserve management activities such as fencing. Anticipated Take and Habitat Loss Anticipated Take for Covered Species for which Habitat distribution models have been developed is measured in terns of Habitat acres affected by the Covered Activities both outside and within the Conservation Areas. For purposes of this calculation, it is assumed that all non- federal lands outside the Conservation Areas may be subject to Take. This represents a worst - case scenario, and Take or Habitat loss at that level is not likely to occur within the 75-year term of the Take Permits. The acres of Take or Habitat loss were determined by overlaying Habitat maps with the Plan Area map, and calculating the Habitat areas outside the Conservation Areas. In addition, a small percentage of Take can occur within the Conservation Areas under the Plan. The amount of such Take or Habitat loss has been calculated for each species and natural community and is shown in the tables in Section 4.6. ES-12 1 226 Recirculated Draft Coachella Valley MSHCP — February 2007 E.S. 5 Costs of and Funding for Plan Implementation Costs for Plan Implementation Plan implementation costs include the direct and indirect costs associated with land acquisition, the Monitoring Program, and the Management Program. Additional costs include staff costs associated with Plan administration. Cost projections are intended to provide a realistic estimate of the costs for Plan implementation. This also assists the Wildlife Agencies in determining if the Plan meets Permit issuance criteria. The actual costs over time may turn out to be more or less than those projected in this Plan. As shown in Table 5-1, Conservation through acquisition and other means that needed to occur as of November 2006 for Reserve System Assembly was 4S2,a49159,680 acres. As described in Section 4.2, 4239029,990 acres of this is projected to occur through Complementary Conservation, leaving a balance of 4404-30129, 990 acres. Of this, 10,800 acres are public -quasi public lands belonging to non-Permittees. As explained in Section 4.2.2.3, the Plan does not provide Take Authorization for activities on these lands and assumes that this acreage will be conserved through other means, which are not an obligation of the Permittees. That leaves a balance of ' 19�0118,890 acres, of which 34 2-5021,390 acres will be conserved by state and federal agencies as their Plan implementation contribution (this federal and state obligation is beyond any mitigation obligations for Development authorized by Local Permittees pursuant to the Plan). This includes 640 acres of acquisition by State Parks, of which 100 acres can be developed for State Park facilities, as one of its mitigation obligations as a Permittee. In addition to State Parks' acquisition, the Permittees will conserve an additional 98,-I0097,500 acres through acquisition or other means. Of this, 7,500 acres are already owned by Permittees and that acreage will be conserved through the Plan. Thus the Permittees will acquire or otherwise conserve 90 60090,000 acres as of June 2003November 2006. For purposes of estimating the maximum Plan implementation costs, it is assumed that all the approximately 99;60090000 acres to be conserved by the Local Permittees will be purchased. The actual acreage acquired by the Local Permittees could be less if some land is conserved through conditions of approval on Development or other means. tables: The projected Permittees' costs for Plan implementation are shown in the following Summary of Permittees' Expenditures and Balances over the 75-Year Term of the Permits Amount Item $,800115,414,000 Non -acquisition prograrn administration costs from Table 5-3b $ l99,934,900254,294,000 Monitoring Program from Table 5-3b $20}-,q75-,099221,252,000 Management Program from Table 5-3b $27� —12 ,99914,903,000 Adaptive Management from Table 5-3b $491,363,999526,705,000 Land acquisition costs from Table 5-3c 1 $9,693,9049,080,000 1 Land improvement costs from Table 5-3c) ES-13 0' 221 Recirculated Draft Coachella Valley MSHCP— February 2007 Amount Item $4-9,372,00024,565,000 Acquisition program administrative costs (from Table 5-3c) $5,000,000 Management Contingency Fund (from Table 5-3b $) 4 0 730 0001 171213,000 TOTAL Expenditures $785.-749�00860,7411000 Endowment Fund balance in Year 75 (from Table 5-3d) $4,175,0005,386,000 Fund balance in Operating Fund in Year 75 (from Table 5-3b) $1,160,0001,200.000 Repayment of Conservation Trust Fund advance to complete Plan $I M,-794,0002 038 540 000 TOTAL In addition to the Permittees' monitoring and management responsibilities described in the preceding sections, CVWD has additional responsibilities, the costs of which are not included in the cost and revenue projections presented in Section 5. CVWD is required to fund the costs of the following: ➢ Establishing and providing a permanent water source for permanent Habitat for the California black rail and Yuma clapper rail in the Coachella Valley Stormwater Channel and Delta Conservation Area. See Section 4.3.20. ➢ Establishing and providing a permanent water source, as needed, for riparian Habitat for Covered riparian bird Species in the Coachella Valley Stormwater Channel and Delta Conservation Area. See Section 4.3.20. ➢ Establishing and providing a permanent water source for desert pupfish Habitat, and developing and implementing a monitoring and adaptive management program for desert pupfish in the agricultural drains and flood control channels. See Section 4.3.20. ➢ Restoring and enhancing mesquite and Coachella Valley round -tailed ground squirrel Habitat on CVWD land in the East Indio Hills Conservation Area if a study undertaken by the CVCC demonstrates the feasibility of mesquite restoration, and providing water, as needed, for maintaining the mesquite once established. See Section 4.3.15. Funding for Plan Implementation To accomplish the acquisition program in 30 years and fund the Monitoring Program and the Management Program endowment in 75 years, the Permittees will use a combination of annual revenues and debt financing in the form of the issuance of revenue bonds. This would provide the necessary funding for acquisition and establishment of the endowment in advance of the collection of all the revenue needed for those purposes. The Permittees and the Wildlife Agencies will annually evaluate the performance of the funding mechanisms and, notwithstanding other provisions of the Plan, will develop any necessary modifications to the funding mechanisms to address additional funding needs. If deficiencies are identified through this evaluation, then the Permittees and the Wildlife Agencies will develop strategies to address any additional funding needs consistent with the terms and conditions of the Plan. The funding plan is intended to keep the rate of Conservation of Permittee Additional Conservation Lands roughly proportional with the amount of Development occurring in the Plan Area. ES-14 1 222 Recirculated Draft Coachella Valley MSHCP — February 2007 Summary of Revenue Sources Amount Revenue Source $503,163;098516,802,000 Local Development Mitigation Fee (from Table 5-3c) $2�sJ , 227,604,000 Conservation Trust Fund (from Table 5-3b) $31,077,000 Regional Road Projects Mitigation (Measure A Sales Tax total contribution to acquisition and endowment; and freeway interchange/associated arterials contribution to endowment) $3-2sI76,0006 2208,000 Regional Infrastructure Mitigation (Caltrans, CVWD, and IID contributions to acquisition and endowment) $,344)00-,000247,500,000 Eagle Mountain Environmental Mitigation Trust Fund (from Table 5-3b) $3,200,000 Transfer from CVFTL HCP Endowment $769 082,000952,149,000 Interest on Investments (from Tables 5-3b, 5-3c, and 5-3d; interest generated on money in the Operating Fund, the Land Acquisition and Improvement Fund, and the Endowment Fund) $4-i4I,794 0002 038,540.0001 TOTAL Revenues If at the end of any five (5) year period the "rough proportionality" test has not been met, the Local Permittees and the Wildlife Agencies will meet within ninety (90) days to begin to develop a strategy to address the need for a balance between Conservation and Development. Maintaining the Permits does not depend on the state and federal governments' adhering to any specific schedule for land acquisition, nor on any specific appropriations to state and federal agencies for land management. State and federal agencies, including BLM, USES, NPS, USFWS, Wildlife Conservation Board (WCB), CDFG, and CVMC, may receive funds from a variety of sources to implement their respensibilities--obligations under the Plan. Potential state and federal funding sources include, but are not limited to: ➢ State appropriations ➢ Federal Land and Water Conservation Fund ➢ Land exchange ➢ State Bond Acts ➢ FESA Section 6 funds. E.S.6 Plan Implementation Organizational Structure Implementation of the Plan will be overseen and administered by the Coachella Valley Conservation Commission (CVCC), a joint powers authority formed by the Local Permittees pursuant to the requirements of the California Government Code and other appropriate legal authorities. CVCC shall sign the IA and shall be a Permittee under the Permits. CVAG shall organize the first meeting of CVCC representatives who will formally establish CVCC and adopt ES-15 a 223 Recirculated Draft Coachella Valley MSHCP — February 2007 its by-laws consistent with all applicable legal requirements. CVCC shall bets comprised of r members of the Riverside County Board of Supervisors whose districts include a portion of the Plan Area, an elected official from each of the Cities, and -a member of the Board of Directors of CVWD, and a member from I11). UP ' " he ''" wiem ' Each of these entities may also designate an alternate, who shall also be an elected official. Each voting member of CVCC shall have one vote at meetings of CVCC. CVCC shall provide the policy direction for the implementation of the MSHCP and will provide opportunities for public participation in the decision -making process. The duties of CVCC and its Executive Director are enumerated in Sections 6.1.1.2 and 6.1.1.3. To assist in implementing its duties under the MSHCP, CVCC shall form an Acquisition and Funding Coordinating Committee to provide input on funding priorities and Permittee acquisitions. Acquisitions will be only from a willing seller at market value as determined by an appraisal. The Reserve Management Oversight Committee (RMOC) is the primary inter -agency group that will coordinate implementation of the conservation plan. The RMOC shall report to CVCC and shall be assembled within one hundred twenty (120) days of the issuance of the Permits. CVCC shall appoint the chair of the RMOC from among those listed below. The RMOC shall be composed of, at a minimum, one representative each from BLM, CDFG, State Parks, CVCC, USFWS, County, and up to five other private or public entities that hold land dedicated to Conservation within the MSHCP Reserve System as appointed by CVCC. NPS and USES will be ex off:cio members. The duties of the RMOC are set forth in Section 6.1.3. Within one hundred twenty (120) days of the issuance of the Permits, a Reserve Management Unit Committee (RMUC) shall be established by CVCC for each of the Reserve Management Units (RMUs), which are geographic areas within the MSHCP Reserve System where coordinated management by different entities is needed to achieve the Conservation Objectives. RMUs consist of one or more Conservation Areas and were identified based on ownership and natural community patterns and similarities of anticipated management needs. Six RMUs have been designated and are described in Section 6.1.4. A Land Manager, as identified in Section 6.1.5, shall represent CVCC and the Local Permittees, on the RMUCs. Through the Land Manager's participation in the RMUCs, CVCC will ensure that management of Local Permittee Mitigation Lands is consistent with the Plan Conservation Goals and Objectives. Through the RMUCs, CVCC will also seek to coordinate land management with the other entities that manage conservation land in the RMUs to optimize the management of all conserved land. The RMUCs' duties and responsibilities are described in Section 6.1.4. The CVCC is responsible for Monitoring Program Administration. Final responsibility will rest with the CVCC Executive Director. The Executive Director may appoint a staff member as his or her designee for purposes of overseeing Monitoring Program Administration, but ultimate responsibility will remain with the Executive Director. Day to day responsibility for Monitoring Program Administration will be part of the contract for the Monitoring Program, and a specific individual will be identified by the contractor as the Monitoring Program Administrator (MPA). That individual will report to the CVCC Executive Director or his/her designee. To ensure that Monitoring Program Administration is adequately addressed the CVCC shall consult with the Wildlife Agencies regarding the provisions for the MPA in developing the Request for Proposals for the Monitoring Program contract. ES-16 4n 24 Recirculated Draft Coachella Valley MSHCP — February 2007 CVCC or its designee shall work with the RMUCs to develop a MSHCP RMU Plan (RMUP) for review and approval by the RMOC to define specific management actions, schedules, and responsibilities. The RMUP shall be prepared within three years after Permit issuance, and may be composed of a series of coordinated plans for each of the RMUs. The RMUP shall incorporate the general management measures and Adaptive Management activities in Section 8 with appropriate refinements. The RMUP shall generally contain the following elements: Annual Reporting To ensure that the Permittees are in compliance with the Plan, there will be an Annual Report prepared by CVCC and submitted to the Wildlife Agencies and Permittees. The Annual Report will include an overview of the status of the Conservation Areas; results of the Monitoring Program and the Management Program, 'identification of Adaptive Management actions, and whether or not such actions were implemented; a description of reserve management activities for the previous year; and an accounting of the number of acres acquired (in fee or conservation easement), conserved through MOUs for cooperative management, or otherwise protected during the previous year to achieve identified Conservation Objectives; an evaluation of any significant issues encountered in Plan implementation during the previous year and their proposed resolution; expenditures for acquisition and Reserve Lands management over the previous year and applicable budgets for the upcoming fiscal year; and a summary of compliance activities required of Permittees such as adoption of ordinances, general plan changes, etc. This information will be used to delineate the progress made toward achieving each of the Plan's Conservation Goals and Objectives and to demonstrate that the Species Conservation Goals and Objectives remain achievable. Rough Step and Rough Proportionality Analyses The MSHCP Reserve System will be assembled over time and, when assembly is completed, must be in a configuration, and contain suitable Habitats (both location and acres), that provide for the Conservation of Covered Species. Acquisition is an essential component of Reserve System Assembly. As the Additional Conservation Lands are acquired, the Parties and the public must be able to determine that: 1. Lands being conserved within the Conservation Areas achieve the Conservation Goals and Objectives for Covered Species; 2. Development on lands within the Conservation Areas is not substantially reducing the opportunity to conserve the Additional Conservation Lands and thereby protect those areas that are critical to meeting Covered Species and natural community Conservation Goals and Objectives; and 3. Acquisition priorities at any point in time are appropriately focused on conserving parcels within the Conservation Areas needed to meet Covered Species and conserved natural communities Conservation Goals and Objectives. To assist the Parties in this evaluation, there will be an annual Rough Step analysis conducted by the Permioe VCC for each Conservation Area. The annual Rough Step analysis will be done for each Conservation Objective. In addition, a real-time Rough Step analysis will ES - 17 916 22-^ Recirculated Draft Coachella Valley MSHCP — February 2007 be prepared for a Conservation Area whenever a Development is proposed in that Conservation Area. Rough Step analysis ensures, on an annual basis, that Conservation of Additional Conserved Lands is within 10% of the level needed to stay in balance with the level of Development. If the Rough Step rule is not met during any analysis period, the Permittees must conserve appropriate lands necessary to meet a specific Conservation Objective within the Rough Step Analysis Unit to bring the Plan back into the parameters of the rule prior to authorizing additional loss of the Core Habitat, Essential Ecological Process area, Biological Corridor or Linkage, or natural community for which the rule was not achieved. ObliEations of the Permittees The Local Permittees will conserve 440�A896.400 acres (inclusive of Caltrans' obligation),,—�"� in the Conservation Areas. Of this, 7,500 acres are already owned by Permittees and that acreage will be conserved through the Plan. The Local Permittees shall establish an endowment to fund the Monitoring and Management Programs for those lands in perpetuity. The Local Permittees shall also fund an endowment for the Monitoring and Management Programs. The Local Permittees must also comply with all other terms and conditions of the MSHCP, including, but not limited to ensuring achievement of the Plan's Conservation Objectives in each Conservation Area and attainment of the Species Conservation Goals and Objectives, ensuring that Habitat preservation is occurring in rough proportionality with Development and that Reserve Assembly occurs as contemplated in the MSHCP; and imposing adopted Local Development Mitigation Fees. For purposes of overseeing compliance with the requirements of the MSHCP and the IA, a Joint Project Review Process shall be instituted by CVCC. This process shall in no way limit the Local Permittees' land use authority. The purpose of the Joint Project Review Process is to allow CVCC to facilitate and monitor implementation of the MSHCP. CVCC staff shall participate, in the Joint Project Review Process to ensure consistent Plan implementation and oversight. CVCC shall have neither jurisdiction over land use decisions by Permittees, nor the authority to prevent a Permittee from approving a project. The application will not be deemed complete by the Permittee prior to completion of CVCC Joint Project Review Process. The review process is described in Section 6.6.1.1. To mitigate the impacts of the interchange and related arterial projects identified in Section 7.2.1, Caltrans, CVAG, and CVCC will acquire 1,795 acres in Conservation Areas in accordance with the mitigation matrix shown in Section 6.2 of Appendix I to contribute to Plan implementation and contribute $1,077,000 to the endowment for the Monitoring Program, Management Program, and Adaptive Management of those lands. To mitigate the impacts of those transportation projects identified as Covered Activities in Section 7.2.3, CVAG shall contribute $30 million from Measure A or other funds toward acquisition and the Monitoring Program, the Management Program, and Adaptive Management. If the Permits issued in conjunction with the Plan are ever suspended or revoked, these transportation projects will, as described in the IA, be mitigated through the establishment of a conservation bank that incorporates and recognizes the contributions made by CVAG to Plan implementation as adequate mitigation for the projects. The State Permittees are Caltrans, CVMC, and State Parks. Caltrans' obligations under the Plan include: (1) not later than in three phases in 20054.0 201045, and 201529 acquire and ES- 18 228 i,' GG Recirculated Draft Coachella Valley MSACP— February 2007 convey to CVCC or provide sufficient funding to the CVCC to acquire 5,791 acres of Additional Conservation Lands in the Conservation Areas as a contribution to Plan implementation for Caltrans' Covered Activities; (2) not later than in 2011 provide $7.6 million to CVCC for the monitoring, management, and Adaptive Management of the approximately 5,791 acres referenced above; and (3) implement all applicable avoidance, minimization, and mitigation measures identified in Section 4.4 for Caltrans' Covered Activities, and comply with Land Use Adjacency Guidelines set forth in Section 4.5, where applicable. CVMC will cooperate with CDFG and other agencies as appropriate to ensure management and monitoring of the approximately -190922600 acres of CVMC Existing Conservation Lands and any additional lands CVMC acquires in the Conservation Areas. State Parks will participate as a member of the RMUC for RMUs within which State Parks manages lands; provide for the management and monitoring of the 3-,4906 000 acres of State Parks Existing Conservation Lands in the MSHCP Reserve System and any additional lands it acquires in the Conservation Areas; and implement all applicable avoidance, minimization, and mitigation measures identified in Section 4.4 for State Parks' Covered Activities, and comply with Land Use Adjacency Guidelines set forth in Section 4.5, where applicable. Review of State Permittee Projects within the Conservation Areas The Wildlife Agencies and the appropriate State Permittee shall jointly review proposed State Permittee projects that are within the Conservation Areas. State Permittees shall submit project information to the Wildlife Agencies and CVCC, including, at a minimum, a project description and a concept map indicating the location of the proposed project. The Wildlife Agencies or State Permittee may schedule a meeting to discuss a proposed project. CVCC shall be invited to participate in this meeting. Actions by Federal and State Governments The Wildlife Agencies will contribute to Plan implementation by monitoring and managing their lands in the Conservation Areas in a manner consistent with achieving the Plan's Conservation Goals and Conservation Objectives. The Wildlife Agencies will participate in a coordinated Biological Monitoring Program, and will facilitate ecological research or restoration activities by other entities on federal and state lands that benefit MSHCP resources. The Wildlife Agencies will acquire Additional Conservation Lands in the Conservation Areas. The Wildlife Agencies will review the Annual Report prepared by CVCC and will meet annually with Local Permittees to discuss progress in implementing the Plan. The Wildlife Agencies will expeditiously review proposed boundary adjustments and Plan or Permit amendments, and expeditiously determine conservation measures needed and conservation responsibilities for newly Listed Species and species proposed for listing that are not on the Covered Species list. Time Frame for Implementation The Permits will be for a 75-year term. The MSHCP Reserve System will be assembled as described in Section 4.2. The non -acquisition components of MSHCP Reserve System Assembly will be ongoing for the life of the Plan. The acquisition component of Reserve System ES-19 e. 227 Recirculated Draft Coachella Valley MSHCP —February 2007 Assembly is anticipated to occur in the first 30 years of the Permits. The rate at which land in the Conservation Areas is acquired will depend on the availability of funds and Development patterns. Rough proportionality will be maintained between Conservation and Development. if the Local Permittees do not maintain the rough proportionality between Development and Conservation, the Wildlife Agencies, CVCC and other applicable Local Permittees shall meet to discuss potential actions to meet the Plan's rough proportionality requirements. In the event that these Parties do not reach agreement on such potential actions, the Wildlife Agencies may initiate revocation or suspension of all or part of the Permits as set forth in Section 23.5 of the IA. Assurances for Unforeseen and Changed Circumstances In accordance with the Habitat Conservation Plan Assurances Rule (No Surprises Rule; 63 Federal Register 8859, as codified in 50 C F.R. Sections 17.3, 17.22[b] and 17.32[b]), it is acknowledged that the purpose of the Coachella Valley MSHCP is to provide for the Conservation of Covered Species and the mitigation, minimization and compensatory measures required in connection with Incidental Taking of the Covered Species in the course of otherwise lawful and permitted activities within the MSHCP Plan Area. Accordingly, except as otherwise required by law and/or provided under the terms of the MSHCP and except for Unforeseen Circumstances, no further mitigation or compensation shall be required by the USFWS to address impacts of Covered Activities undertaken by the Permittees, entities with Third Party Take Authorization, and Participating Special Entities, pursuant to FESA. Pursuant to 50 Code of Federal Regulations (C.F.R.), Sections 17.22(b)(5) and 17.32(b)(5), the USFWS shall not require from the Permittees, entities with Third Party Take Authorization, Participating Special Entities, or other individuals or entities receiving Take Authorization under the Permits the commitment of additional land or financial compensation or additional restrictions on the use of land or other natural resources with regard to Covered Activities and their impact on Covered Species beyond that provided pursuant to the Coachella Valley MSHCP, provided that the Permittees are properly implementing the Plan, the IA and the Permits. In the event that the USFWS makes a finding of Unforeseen Circumstances and such Unforeseen Circumstances warrant the requirement of additional mitigation, enhancement or compensation measures, any such additional measures shall be restricted to modification of the management of the Additional Conservation Lands, and shall be the least burdensome measures available to address the Unforeseen Circumstances. Unforeseen Circumstances are defined and described in Section 6.8.1. Changed Circumstances Changed Circumstances are defined under the Federal "No Surprises" rule as "changes in circumstances affecting a Covered Species or geographic area covered by a conservation plan, including the MSHCP, or agreement that can reasonably be anticipated by plan or agreement developers and USFWS and that can be planned for." Changed Circumstances potentially affecting the MSHCP Reserve System are defined as future events for which it is reasonably foreseeable that such an event may occur during the life of the MSHCP Permit, and that such an event may negatively affect the Covered Species and/or their associated Habitat within the MSHCP Reserve System. Changed Circumstances addressed by the MSHCP include drought, fire, invasion by exotic species, lowering of the water table, and new listings of species not covered by the Plan. These are described in detail in Section 6.8.3. ES-20 28 2 M.' GOO Recirculated Draft Coachella Valley MSHCP — February 2007 Pursuant to the No Surprises Rule at 50 C.F.R. 17.22(b)(5)(ii), the USFWS may not require (1) any conservation or mitigation measures in addition to those provided for in the Plan in response to a Changed Circumstance; or (2) additional conservation or mitigation measures for any Changed Circumstance that is not identified in the Plan without the consent of the Pennittees, provided the Penntittees are properly implementing the MSHCP Plan. As recognized in the No Surprises Rule at 50 C.F.R. 17.22(b)(6) and 17.32(b)(6), the USFWS, any federal, state or local agency, or a private entity may take additional actions at their own expense to protect or conserve a Covered Species within the MSHCP Plan Area. Section 7 Consultations USFWS shall evaluate the direct, indirect, and cumulative effects of the Covered Activities in its internal FESA Biological Opinion issued in connection with the MSHCP and issuance of the Section 10(a) Permit. As a result, and to the maximum extent allowable, in any consultation under Section 7 of FESA subsequent to the Effective Date involving the Permittee(s) or entity with Third Party Take Authorization with regard to Covered Species and Covered Activities, USFWS shall ensure that the FESA Biological Opinion issued in connection with the proposed project that is the subject of the consultation is consistent with the internal FESA Biological Opinion. Such project must be consistent with the terms and conditions of the MSHCP and the IA. Any reasonable and prudent measures included under the terms and conditions of a FESA Biological Opinion issued subsequent to the Effective Date with regard to the Covered Species and Covered Activities shall, to the maximum extent appropriate, be consistent with the implementation measures of the MSHCP and the IA. USFWS shall not impose measures in excess of those that have been or will be required by the Permittee(s) or entity with Third Party Take Authorization pursuant to the MSHCP and this Agreement. The Plan does not address Section 404 of the Clean Water Act. Projects that currently require a Section 404 permit will continue to do so notwithstanding the Plan. USFWS, in administering its responsibilities with respect to consulting with the U.S. Army Corps of Engineers (ACOE) on Section 404 permits, will encourage the adoption of project proposals and conservation measures consistent with the objectives of the Plan. To the maximum extent allowable by law, adoption of these conservation measures shall be deemed to satisfy the requirements of FESA and NEPA for Covered Species. State Assurances Pursuant to California Fish and Game Code Section 2820(f), CDFG "may provide assurances for plan participants commensurate with long-term conservation assurances and associated implementation measures pursuant to the approved plan." Further, in accordance with California Fish and Game Code Section 2820(f)(2), if there are Unforeseen Circumstances, additional land, water, or financial compensation, or additional restrictions on the use of land, water, or other natural resources shall not be required without the consent of the Permittees for a period of time specified in the IA, unless CDFG determines that the Plan is not being implemented consistent with the substantive terms of the IA. o. 229 ES-21 Recirculated Draft Coachella Valley MSHCP — February 2007 Relationship to Existing Wetland Regulations Projects that affect wetland natural communities shall be required to comply with the applicable regulatory standards related to wetlands functions and values. The purpose of this discussion is to identify current regulatory processes and indicate their relationship to the process set forth in the MSHCP. It should be noted that current wetland regulatory processes beyond the process described in this section are not relied upon for coverage of species addressed in the MSHCP. Many wetland communities (e.g., freshwater marsh, riparian forests, riparian woodlands, open water, flood channel, river and stream beds) within the Plan Area include areas subject to California Fish and Game Code (CFG Code) Section 1600 et seq. and the federal Clean Water Act (Sections 401, 402 and 404). Such areas will continue to be regulated by state and federal agencies. The U.S. Arm), Corps of Eftginm=`-(ACOE) shall continue to consult with the USFWS pursuant to Section 7 of the FESA on projects that may affect federally listed species within ACOE jurisdictional wetlands and waters. The CDFG shall continue to work closely with the Eer'psACOE, USFWS, and local jurisdictions to ensure that the CDFG Code Section 1600 et seq. agreements are consistent with the mitigation required for Covered Species. In addition, other existing regulations related to wetland Habitats, such as the Porter -Cologne Act shall continue to apply. Modifications Like Exchanges to Conservation Areas and Amendments to the MSHCP MSHCP modifications and amendments are not anticipated on a regular basis. However, certain events may trigger modifications or Minor or Major Amendments to the MSHCP. Any signatory to the IA may seek a modification or amendment to the MSHCP. Clerical changes to the MSHCP shall be made by the CVCC on its own initiative or in response to a written request submitted by any Permittee or Wildlife Agency, which includes documentation supporting the proposed clerical change. Clerical changes shall not require any amendment to the MSHCP, the Permits or the IA. Clerical changes include corrections of typographical, grammatical, and similar editing errors that do not change the intended meaning and corrections of any maps or exhibits to correct insignificant errors in mapping. The Parties anticipate that most clerical changes to the MSHCP will occur during the first ten (10) years of the Permits. Annual Reports shall include a summary of clerical changes made to the MSHCP in the preceding calendar year. The Parties agree that the adoption and amendment of general plans, specific plans, community plans, zoning ordinances and similar land use ordinances, and the granting of implementing land use entitlements by the County and the Cities are matters within the sole discretion of the County and Cities and shall not require amendments to the IA, MSHCP, or the Permits, or the approval of other Parties to the IA. However, the Parties agree that: (1) no such action by the County or the Cities shall in any way alter or diminish their obligations under the IA, the MSHCP, or the Management and Monitoring Program; and (2) approval of certain projects may lead to revocation or suspension of the Permits pursuant to Section 23.5 of the IA. Except as otherwise provided, changes to avoidance, minimization, compensation and MSHCP Conservation Area management strategies developed through and consistent with the Adaptive Management Program described in Section 8 of this document shall not require any amendment to the MSHCP, the IA, or the Permits. ES-22 19 230 Recirculated Draft Coachella Valley MSHCP — February 2007 The design of the Conservation Areas focused on natural communities, Core Habitat for Covered Species, Essential Ecological Processes, Biological Corridors and Linkages. The natural communities and Covered Species also occur outside of the Conservation Areas. In some instances it may be possible to achieve the Plan's Conservation Goals while not increasing the level of Take analyzed in the Plan through a different configuration of one or more Conservation Areas. Like Exchanges are changes proposed by a Permittee to modify the boundary of one or more Conservation Areas in exchange for reducing or modifying the boundary of a Conservation Area. A Like Exchange must result in equal or greater benefits to Covered Species and natural communities as compared to those benefits analyzed in the Plan. In addition, the level of Take of Covered animal Species habitat loss for Covered Species, and —Of loss of acres of conserved natural communities must be no greater than that analyzed in the Plan. The criteria and procedures are described in Section 6.12.2. Minor Amendments are amendments to the MSHCP of a minor or technical nature where the effect on Covered Species, level of Take, and Permittees' ability to implement the MSHCP are not significantly different than those described in the MSHCP as originally adopted. Minor Amendments to the MSHCP shall not require amendments to the IA or the Permits. The types of Minor Amendment are described in Section 6.12.3. Some types require Wildlife Agencies' concurrence. For the Minor Amendments requiring Wildlife Agencies' concurrence, any non - concurrence must occur within 60 days of receipt of written notice as referenced above. If the Wildlife Agencies concur, or if they fail to respond within the 60-day period, the Minor Amendment may be approved. Major Amendments are those proposed changes to the MSHCP and the Permits that are not modifications or Minor Amendments, Major Amendments to the MSHCP shall require a subsequent amendment to the IA and the Permits, and public notice as required by applicable laws and regulations. The CVCC shall submit any proposed Major Amendments to the Wildlife Agencies. Major Amendments are described in Section 6.12.4. Major Amendments shall require the same process followed for the original MSHCP approval. A Major Amendment will require an amendment to the MSHCP and the IA addressing the new circumstances, subsequent publication and public notification, CEQA/NEPA compliance and intra-Service Section 7 consultation, if one is deemed necessary. Major Amendments shall be subject to review and approval by the CVCC and other Permittees as appropriate, at a noticed public hearing. The Wildlife Agencies shall use reasonable efforts to process proposed Major Amendments within one hundred twenty (120) days after approval by the Permittee(s). Annexations Each of the Permittees shall enforce the terms of the Plan and the IA with respect to all individuals or entities subject to its jurisdiction, including lands in the Plan Area annexed into the Permittee's jurisdiction after Plan approval. Any land annexed within the MSHCP Plan Area shall receive Take Authorization pursuant to the Permits, provided the Minor Amendment requirements of Section 20.4 of the IA have been met. If the Minor Amendment requirements cannot be met, a Major Amendment will be required. ES-23 8, 231 Recirculated Draft Coachella Valley MSHCP — February 2007 In the event of the deannexation of any land within the Plan Area to another jurisdiction that is not a Permittee, the Parties shall seek to enter into an agreement among the Pennittees, the Local Agency Formation Commission (LAFCO), the annexing jurisdiction, and the Wildlife Agencies as part of the annexation process to ensure that any Development of the annexed lands proceeds in accordance with the Conservation Objectives of all affected Conservation Areas. If an agreement can be reached, that jurisdiction shall become a Permittee after executing an addendum to the IA. If agreement cannot be reached, or if the MSHCP requirements are not imposed by LAFCO, then the deannexed land will not receive Take Authorization pursuant to the Permits. Additionally, such deannexation may result in the revocation or suspension of the Permits pursuant to Section 23.5 of the IA. Parties with deannexed land that qualify as Participating Special Entities may receive Take Authorization as set forth in Section 11.7.1 of the IA. E.,S'.7 Take Authorization for Covered Activities and Term of Permit The proposed action is the issuance of long-term (75-year) Permits for the Take of Covered Species (animal species) to the Permittees. Covered Species include both Listed and Non -listed Species that are adequately conserved by the Plan. The Permits provide for the Take of these species or loss of their Habitat, so long as compliance with the Plan requirements is achieved. Although fully protected species are included in the list of Covered Species, Take of these species is not authorized in the NCCP Permit and is prohibited by the California Fish and Game Code. The following species in the MSHCP are fully protected under the California Fish and Game Code: (1) Peninsular bighorn sheep; (2) Yuma clapper rail; and (3) California black rail. The CDFG acknowledges and agrees that if the measures set forth in the MSHCP are fully complied with, the Covered Activities are not likely to result in Take of these species. Covered Activities outside Conservation Areas The Permits will provide Take Authorization for the following types of Covered Activities outside Conservation Areas: ➢ Development permitted or approved by Local Permittees. ➢ Public facility construction, operations and maintenance, and safety activities by the Local Permittees for existing and future facilities, including both on and off site activities. ➢ Emergency response activities by Permittees required to protect the public health, safety, and welfare. The MSHCP does not provide Take Authorization for agricultural operations. ES-24 • 232 Recirculated Draft Coachella Valley MSHCP— February 2007 Transportation Projects within and outside Conservation Areas The Permits will provide Take Authorization for the following Caltrans' interchange projects: Indian Avenue I-10 Interchange, Palm Drive/Gene Autry Trail 1-10 Interchange, Date Palm Drive 1-10 Interchange, Bob Hope Drive I-10 Interchange, and Jefferson Avenue 1-10 Interchange. Widening of the local arterials associated with these interchange projects are also Covered Activities; these are shown in Table 7-1 in Section 7.2.1. The Caltrans' projects listed in Table 7-2 in Section 7.2.2 are also Covered Activities. The Plan also provides Permits for the local transportation projects shown in Table 7-3 in Section 7.2.3. County Flood Control Projects within Conservation Areas The Permits will movide Take Authorization for the construction operation, and maintenance of the flood control facilities shown in Tables 7-8a and 7-8b in Section 7.3. Covered Activities in Conservation Areas The Permits will provide Take Authorization for the following Covered Activities in Conservation Areas: • Construction and maintenance of trails, public access facilities, and campground facilities, except on federal land, as provided for in this Plan consistent with the Species Conservation Goals and the Conservation Objectives for the Conservation Areas, and consistent with the guidelines for trails and public access in Section 7.3.4.2. • Specific projects and operation and maintenance activities listed in Tables 7-1 through 7-11. • Development permitted or approved by Local Permittees. • Expansion of mining operations on non-federal land. • Qpemden and .... Is legal pMwte uses as of the date approvat For additional details, see Section 7.3.1. The Permits do not provide Take Authorization for agricultural operations. The Take Authorization does not cover approved Development Projects with legal vested rights as of the date the Permits are issued. Development Projects with legal vested rights (as of the date of Permit issuance) could obtain take coverage if the applicable Permittee requires the Project Applicant comply with all applicable Plan requirements. Alternatively, a Project Applicant with legal vested rights (at the time of Permit issuance) could seek Take Authorization directly from the Wildlife Agencies. ES-2s o,. 233 Recirculated Draft Coachella Valley MSHCP — February 2007 Covered Operation Maintenance and Safety Activities within Existing Rights -of -Way or Easements Section 7.3.1.1 describes the types of activities that may occur in conjunction with the projects delineated in Tables 7-1 through 7-12. As indicated in the tables, some of these activities are subject to the applicable avoidance and minimization measures described in Section 4.4. Allowable Uses in Conservation Areas The following activities are considered to be compatible with the Species Conservation Goals and Conservation Objectives on non-federal Reserve Lands. • Emergency, safety, and police services. • Emergency response activities by Permittees required to protect the public health, safety, and welfare. For additional discussion, see Section 7.3.2.1. Section 7.3.2.2 describes pesticide use as an Allowable Use inside and outside the Conservation Areas as follows: Pesticide use. Pesticide use on non -Covered Species is an Allowable Use, but any Take of Covered Species resulting from toxicological effects of the use of pesticides pursuant to applicable requirements is not a Covered Activity. Compatible Activities Activities that may occur on non-federal Reserve Lands and are Covered Activities are: • Emergency repairs by Permittees of public infrastructure facilities. • Reserve management and monitoring. For additional details, see Section 7.3.3.1. The Permits will provide Take Authorization for the construction of specified trails and for the use of identified trails on non-federal land. The names of all the trails, both on federal and non-federal land, are provided in the Plan for informational purposes to provide context for the reader. The portions of the trails on federal land are subject to a separate permitting process through a Section 7 consultation between BLM and USFWS. That process is anticipated to be a parallel action to the MSHCP. Use of trails on CDFG land is subject to the regulations of the California Fish and Game Commission. The MSHCP trails planning process has coordinated with CDFG to seek CDFG concurrence on trail use on CDFG land. The trails management program in the Santa Rosa and San Jacinto Mountains Conservation Area has adopted an Adaptive Management approach with an emphasis on research. The Trails Plan will initially focus on multi -agency scientific data gathering to evaluate the effects of recreational trail use on Peninsular bighorn sheep health, habitat selection, and ES-26 23 a.. G Y Recirculated Draft Coachella Valley MSHCP — February 2007 lonb term population dynamics. The overarching goal of this research program is to obtain empirical data from the Plan Area to guide trails management. This research program will be coordinated with monitoring of human trail use, and will be integrated with educational and public awareness efforts, and other trail management prescriptions The trails management program is composed of eight elements, which are described below. In addition, the public use and trails management plan addresses other public access issues, such as dogs and cross country travel, in Section 7.3.3.2.2. The eight elements, detailed in the following sections, are summarized here: (1) use of existing trails, which will remain open all year; manipulation of use levels on some trails may occur as part of the research program; (2) initiation in Plan year I of a research program designed to ascertain bighorn sheep response to, and any significant adverse impacts from, recreational trail use in the Santa Rosa and San Jacinto Mountains. This research may include manipulation or limitation of use levels or closures on selected trails as an element of the study design to address specific hypothesis -based research questions; (3) gathering of data on human trail use, primarily on trails within sensitive bighorn sheep lambing habitat and other trails as appropriate. A year-round mandatory self -issue permit system for selected trails, and other methods as appropriate, will be part of the human use monitoring program. Ongoing monitoring of bighorn sheep populations will be expanded to include regular monitoring of the distribution, abundance, recruitment, survival and cause - specific mortality of bighorn sheep throughout the Plan Area; (4) closure of three trails from June 15 through September 30 to minimize the potential impediments for access to water by bighorn sheep and other wildlife during the hot season; (5) deferral of construction of new trails, pending the results of the initial research program, monitoring of trail use, and monitoring of bighorn sheep populations; (6) implementation of a public awareness and education program; (7) annual review of the effectiveness of the public use and trails management program, including results of monitoring, research, and trail management prescriptions. This annual review will consider prudent management actions, including potential trail closures, in response to scientific data or sheep population declines below identified threshold levels; and (8) rerouting and decommissioning of trails to protect sensitive resource values, pending results of the five-year research program. Due to specific resource concerns associated with the Art Smith Trail and the Mirage Trail, management actions to benefit Peninsular bighorn sheep recovery were addressed separate from the Trails Plan and have been initiated prior to issuance of the Take Permits. These actions include rerouting the easternmost segment of the Art Smith Trail to incorporate the southern Schey Trail; restricting access to Dead Indian Canyon and the decommissioned segment of the Art Smith Trail, including the constructed segment of the trail that begins at the Art Smith Trailhead and proceeds westerly along the south side of Dead Indian Canyon; constructing the Hopalong Cassidy perimeter trail; closing the upper portion of the northern Schey Trail; providing an alternate access to the Mirage Trail; closing the upper Mirage Trail; and implementing an education, signage, and enforcement program to support these actions. Environmental documentation for, and approval of, these actions are separate from the Trails Plan. The Trails Management Subcommittee will annually review effectiveness of the overall public use and trails management program. Annual review will include progress reports and recommendations from the researcher(s) working on bighorn sheep within the Plan Area; an assessment of bighorn sheep population trends; recreational trail use data; compliance with the ES-27 d , 235 Recirculated Draft Coachella Valley MSHCP— February 2007 hot season closures, mandatory self -issue permits, and other trail management prescriptions; and other new data acquired. Until such time as the initial phase of the monitoring and research program is completed [see Trails Management Program Elements (2) and (3) above], the annual review will consider the best information available to evaluate the public use and trails management program and any effects on the Peninsular bighorn sheep. Best information available will include, but is not limited to, Peninsular bighorn sheep demographic data, results from ongoing agency monitoring programs, and interim results of the monitoring and research program. The Subcommittee will make recommendations to both the RMOC and the Santa Rosa and San Jacinto Mountains National Monument Advisory Committee regarding modifications to the public use and trails management program. The RMOC will make recommendations to CVCC for the portions of trails on non-federal land. The Monument Advisory Committee will make recommendations to BLM and USFS regarding trails on federal land. See Section 6.3 for additional information regarding the Trails Management Subcommittee. Authorization for new trails, unidentified existing trails, and decommissioning and removing trails will be evaluated through a Section 7 consultation on federal lands. Trails are available for use by all means of non -motorized conveyance (e.g., on foot, bicycle, horse, etc.), except for certain trails that are closed to bicycles. Construction and use of new perimeter trails described in this section will be a Covered Activity unless research results indicate that the proposed trails would adversely affect bighorn sheep. Current analysis indicates that these perimeter trails will not substantially impact Peninsular bighorn sheep populations, nor result in Take. Additional research will be conducted through Element 2 (described above) to further analyze impacts to Peninsular bighorn sheep from recreational trail use, thereby confirming and expanding upon previous impact assessments. Proposals to construct perimeter trails and other new trails will be deferred until the initial phase of the monitoring and research program has been completed. This deferral will ensure that trail conditions (e.g., use levels) are as consistent as possible once the research and monitoring programs are initiated. Once the research is completed, perimeter trails will be constructed unless the research results indicate that perimeter trails will substantially impact Peninsular bighorn sheep. Subsequent CEQA and/or NEPA analysis of these trails will also be required. An alignment for a trail connecting the interpretive loop trail south of the Santa Rosa and San Jacinto Mountains National Monument Visitor Center with the northwest portion of La Quinta Cove has been identified and is known as the Palm Desert to La Quinta Connector Trail. Portions of this trail traverse known sheep use areas. Therefore, construction of the Palm Desert to La Quinta Connector Trail between the Visitor Center and The Living Desert will be a Covered Activity unless research results indicate that the proposed segment would adversely affect bighorn sheep. If impacts to native and/or captive breeding populations could result as determined through the research program described in Element 2 and Feasible mitigation measures cannot be implemented to reduce this impact, then all or a portion of the preferred alignment of the connector trail may not be constructed. At the end of the research program, the best available science professional judgment, and wildlife management principles where study results may be less than definitive, would be used to make the determination as to the potential for impacts. At that time, mitigation measures will be considered that will reduce potential ES-28 0' 236 Recirculated Draft Coachella Valley MSHCP — February 2007 adverse impacts to levels that are less than significant. Subsequent CEQA and/or NEPA analysis of the connector trail will also be conducted. Future proposals for new trails in the Santa Rosa and San Jacinto Mountains Conservation Area, other than the identified perimeter trails, will be addressed on a case -by -case basis, subject to existing regulations, policies, and land management plans. Such trail proposals will require an Amendment to the Plan with Wildlife Agency concurrence. Some existing trails will be rerouted to protect sensitive resource values (e.g., cultural resources, wildlife Habitat, soils) where meaningful and feasible. "Meaningful" trail reroutes are those that result in a reduction or elimination of adverse impacts to resource values. "Feasible" trail reroutes are those that can be accomplished without extraordinary expenditures or efforts, i.e., the benefits derived are commensurate with the expenditure of funds and/or the level of effort. Reroutes are assumed to replace, not augment, trails or trail segments. Identification of trails to be rerouted to protect bighorn sheep will be based on habitat use patterns, home ranges, and distribution of bighorn sheep and other available research. Proposals regarding specific reroutes will be considered on a case -by -case basis, except as pertains to segments of the Goat Trails, the Guadalupe Trail, and a portion of the North Lykken Trail (see below). Outside Essential bighorn sheep Habitat, proposals for trail reroutes will also be addressed on a case -by -case basis. Because the Santa Rosa and San Jacinto Mountains Conservation Area provides Essential Habitat for the Peninsular bighorn sheep, the Plan also must address other forms of public access and use on non-federal land in addition to trails. Prior to Permittees' authorizing cross-country travel, camping, pets, pack stock, Murray Hill facilities, noncommercial/noncompetitive organized group activities, non -motorized commercial recreation activities, motorized commercial recreation activities, competitive recreation events, motorized -vehicle use of trails, or other similar activities, they shall develop a management plan that describes consistency with Conservation Objectives and protection of Peninsular bighorn sheep and other biological resources. This plan will be developed as part of the RMUP for the Santa Rosa and San Jacinto Mountains Conservation Area. Trails in Conservation Areas outside the Santa Rosa and San Jacinto Mountains have been established primarily in association with existing parks, preserves, and Wilderness areas. These trails are considered as Allowable Uses under the Plan and are those portions of the following trails not on federal land: ➢ A system of trails on the Thousand Palms Preserve ➢ The Pacific Crest National Scenic Trail traversing the Snow Creek/Windy Point and Stubbe and Cottonwood Canyons Conservation Areas ➢ Trails on non-federal lands within Dos Palmas Preserve/ACEC Conditionally Compatible Uses The conditionally compatible public access uses within the Conservation Areas consist of trails, facilities, and passive recreational activities. The primary public access component within ES-29 237 0; Recirculated Draft Coachella Valley MSHCP — February 2007 the Conservation Areas will be trails. In addition to the trails, trailheads, and interpretive facilities in Conservation Areas, passive recreational activities will also be Allowable Uses within the Conservation Areas. These include passive recreation activities that do not impact land within the Conservation Areas and cause minimal disturbance to biological resources. Passive recreation includes hiking, bird watching, photography, and under specified locations identified in the following guidelines, mountain biking, horseback riding, picnicking, scientific research, and hunting. Other activities associated with public access and recreation that will be Allowable Uses include the installation of signs and barriers. Excessive or uncontrolled access within the Conservation Areas can result in Habitat degradation and disruption of breeding and other critical wildlife functions at certain times of the year. In order to provide sufficient protection for natural and biological resources within the Conservation Areas, policies and guidelines have been developed to regulate the public access Covered Activities described above. These guidelines are separated into two categories: (1) siting and design and (2) operations and maintenance, and are described in Section 7.3.4.2. Before a new trail or other public access facility can be constructed in a Conservation Area, the lead agency will submit the proposal to the appropriate RMUC and the Trails Management Subcommittee for review and comment. The project will be subject to CEQA/NFPA review. Approval of the trail or other public access facility will require a Minor Amendment to the Plan. Participating Special Entity Any public service facility provider, such as a utility company or a public district, including, but not limited to, a school, water, or irrigation district, that operates facilities and/or owns land within the Plan Area may request Take Authorization for its activities from CVCC pursuant to the Permits as a Participating Special Entity. Such activities must be consistent with the terms and requirements of the Permits, the Plan, and the IA. The process for submitting an application, review by CVCC and the Wildlife Agencies, and granting of Take Authorization is delineated in Section 11.7 of the IA. Participating Special Entities shall contribute to Plan implementation through payment of a fee or other appropriate mechanism based on the type of proposed activity, which shall be applicable to all activities in the Plan Area. E.S.S MSHCP Reserve Lands Management and Monitoring Section 8 describes a framework for the implementation of a Monitoring program, Management Program, and Adaptive Management to provide for the Conservation of species and natural communities in the Reserve System and a Monitoring Program to assess the condition of species and natural communities in the Reserve System. The framework Management Program addresses ongoing responsibilities and Adaptive Management approaches. This framework is adaptive and subject to modification as system stressors change and as new information on how to better manage Reserve Lands to achieve the species and habitat goals becomes available. The Monitoring Program will be implemented in phases starting with the collection of baseline data, which will be used to evaluate conceptual monitoring strategies followed by implementation of ES-30 23 0 , G 7. Recirculated Draft Coachella Valley MSHCP — February 2007 { long -tens species and natural communities monitoring. The Monitoring Program will also be adaptive to ensure that new protocols and techniques can be incorporated as appropriate. The goals in making future modifications to the Monitoring Program will be to improve efficiency and increase the reliability of the data. The Monitoring Program data will be used both to determine if the Plan is meeting its Conservation Objectives and to identify the need for and the success of Adaptive Management of Reserve Lands. The Monitoring and Management Program is designed to: (1) demonstrate that the Plan is achieving its Conservation Goals and Objectives for the Covered Species and conserved natural communities; (2) specify the primary components of Reserve Lands management; and (3) identify how Adaptive Management strategies will be used to address changes in Habitat condition, natural communities and/or species health (distribution and numbers). These changes may be the result of anthropogenic and natural forces. The Management and Monitoring Program focuses on identifying changes in identified conserved natural communities and Covered Species condition (numbers, distribution, etc.) and what factors may be causing the identified changes. The data from the program will help identify the thresholds that would trigger when Adaptive Management actions are appropriate and test their efficacy. Monitoring Program The Monitoring Program will provide scientifically reliable data on: (1) the status and spatial and temporal dynamics (amplitude and magnitude) of key ecosystem components for the Covered plant and animal Species and conserved natural communities, and (2) the threats to these species and conserved natural communities. The program will also identify, develop, and evaluate the extent to which, management practices and policies are sustaining the plant and animal species and conserved natural communities covered under the Plan. This includes the collection and analysis of scientifically reliable data to enable Conservation Area managers to identify threats and to assess the effectiveness of management actions. The detailed monitoring protocols will be developed during the first two (2) years of implementation and will be modified based on the baseline data collect during the first monitoring cycle and thereafter as appropriate. Monitoring efforts have been ongoing on some of the Existing Conservation Lands, in some cases for many years. These monitoring efforts contribute to the base of knowledge used to develop this Monitoring Program. Baseline Phase of Monitoring Program Initially the Monitoring Program will gather quantitative baseline data for all Covered Species for which such quantification is possible. The primary objective of the baseline phase will be to conduct baseline surveys and to develop and test methods and protocols. It will be used to test methods to aggregate these species in a manner that increases monitoring efficiency. The baseline phase will also be used to assess the potential for integration of monitoring for species, conserved natural communities, and ecological processes. The need for this baseline phase stems from the essential requirement to distinguish natural fluctuations in population size from those with anthropogenic causes. Identifying trigger points for management actions without the ability to separate the effects of natural fluctuations from anthropogenic threats can be problematic. An ES-31 . v� �39 Recirculated Draft Coachella Valley MSHCP — February 2007 additional objective during this first phase will be to detemnine if certain Covered Species, habitat level variables, or landscape metrics can serve as effective surrogates, umbrella species, or other indicators, for species groups or associations within natural community assemblages. Partially or completely meeting this objective could significantly reduce monitoring costs without losing critical information necessary to manage and protect the species and communities included in the MSHCP Reserve System. Monitorinp, at Multiple Scales The body of scientific literature on ecological monitoring is largely focused on individual species. It does not provide explicit methods directly applicable to tracking multiple species or give clear guidelines for monitoring Habitats and assessing trends. In this regard, theory is lagging behind the need for monitoring large-scale systems. Therefore, it is necessary to create a system that is flexible enough to adjust to each species situation, but is formal enough to allow evaluations of entire preserves -- an ecosystem approach. Threat monitoring is woven into the framework at all levels of monitoring. Threats operate at different and often multiple scales concurrently, including landscapes, natural communities, and in the case of diseases, at the level of individual species. Known threats are identified in the conceptual models; potential new threats will be identified as scientists evaluate monitoring data, recent literature, and report their field observations from the Plan Area. pecies-level monitoring aims to provide data on the extent to which Conservation Goals for species are being met. Species monitoring will involve tracking Covered Species and invasive species that may pose a threat to Covered Species. This monitoring needs to sample in both space and time, to address both distribution and trends in Covered Species. It also tracks species responses to resource fluctuations and the level at which threats are affecting species. Landscape -level monitorine focuses on geographically large areas with functional ecosystem processes and coarse -scale conservation targets. Landscapes are defined at a scale that includes multiple ecosystems, natural communities, and/or where there is a transfer of energy, or movement of nutrients or materials between those units. Landscape monitoring includes regional weather, Essential Ecological Processes, and groundwater levels. It also includes satellite -based evaluations of the extent of changes in vegetation/natural community polygons over time. This monitoring focuses on processes that affect the condition and dynamics of landscapes. Natural community -level monitorine focuses on the local -scale threats to conserved natural communities and Habitats, such as non-native invasive species. Natural community level monitoring will involve two primary elements. The first of these is refinement and update of the Natural Communities Map and the species distribution models originally developed in the reserve design process for the Plan. The refinement of the current Natural Communities (vegetation) Map will better describe the occurrence and distribution of both conserved natural communities and the Covered Species that depend on them. The second element for conserved natural communities monitoring is the evaluation and development of a "Rapid Assessment' of several natural community -level characteristics and trends (e.g., CNPS 2003). ES-32 9 24" Recirculated Draft Coachella Valley MSHCP — February 2007 Management Program The goal of the Management Program, including Adaptive Management actions, is to provide for the Conservation of the Covered Species as anticipated by the Plan. To accomplish this goal requires on -going management activities on reserve lands such as fencing and fence maintenance, public use management, enforcement of appropriate laws and regulations, and the implementation of other actions identified in reserve management plans. Adaptive Management actions will also be implemented using an integrated multidisciplinary approach addressing management practices, evaluating management actions, and assessing threats using appropriate experimental approaches at species, natural community, and landscape levels. The Management Program includes: The development of a reserve management plants) within three (3) years of Permit issuance including evaluation of existing management activities. ➢ A research component that will be funded and implemented by the Permittees. Research needs will evolve over time and will be identified by the same process used to evaluate monitoring and management protocols and results. Integration of the Management and Monitoring Programs The Monitoring Program and the Adaptive Management component of the Management Program must be integrally linked. The analyses of species and natural community monitoring data (and information regarding on -going preserve management issues) will be used to identify if and where Adaptive Management actions should be considered. If Adaptive Management actions are implemented, the Monitoring Program will need to evaluate the response of species and/or conserved natural communities to the Adaptive Management action. Linking the Monitoring Program with the implementation of Adaptive Management actions will require: ➢ Use of available data to structure a range of alternative response models to address a given threat or stressor affecting a Covered Species or natural community and evaluation of the models. ➢ Development of cost estimates, staffing needs, and schedules for implementation of Adaptive Management actions. ➢ Development of a program implementation structure which helps identify potential Adaptive Management options and associated monitoring to determine their effectiveness, and evaluates the Adaptive Management action for further use or modification. This implementation structure will include both MPA and staff and Land Managers. Management and Adaptive Management of Reserve Lands The management of the Reserve System will integrate management of Existing and Additional Conservation Lands. The goal of the Management and Adaptive Management program is to implement management actions and prescriptions that ensure Conservation of the Covered Species and conserved natural communities within the Plan Area. Responsibilities for specific activities associated with reserve management are divided amongst the RMOC (Section 6.1.3), the Land Manager (Section 6.1.5), and the RMUCs (Section 6.1.4). Their responsibilities ES-33 d 24'1 Recirculated Draft Coachella Valley MSHCP — February 2007 include facilitating consistent and continuing exchange of information among all individuals and committees involved in reserve management and monitoring. The specific responsibilities of each of these entities are detailed in the identified sections. The MPA (Section 6.1.6) is responsible for coordinating with reserve managers to facilitate the exchange of Monitoring Program data. Likewise, the Land Manager has the responsibility to facilitate the exchange of information regarding all completed and proposed management and Adaptive Management actions. Annual reports are prepared by the Land Manager and MPA and require review by the CVCC, RMOC, and appropriate RMUCs. Section 8.7 describes the elements of the annual reports and the process for review and evaluation of these reports. The organizational structure also provides for input and recommendations from ISA on specific issues concerning scientific aspects of the Plan. Management programs and plans already in place on Existing Conservation Areas will serve as the basis for the Management Programs for Additional Conservation Lands in the MSHCP Reserve System. As part of the Plan implementation, land management agencies will coordinate to bring their management programs into conformance with the goals of the Plan for Covered Species and conserved natural communities. Section 8.2.3 describes the Existing Conservation Lands and current management. Proposed Management A framework for development of proposed management prescriptions, a process for their evaluation, and implementation of Adaptive Management actions on Reserve Lands has been developed. Management actions are subject to the Adaptive Management approach in that they will be evaluated and modified based on feedback from the Monitoring Program. Proposed management actions that are identified on Reserve Lands will be initiated by the Land Manager, the public or private land management agency, and/or the RMUCs with input from the RMOC. While each agency with land ownership within the Conservation Areas will have ultimate responsibility for managing their land, implementation of the Plan will reinforce the existing close coordination and cooperation in management of Reserve Lands. This coordinated management approach also incorporates feedback from the Monitoring Program. On Reserve Lands, ongoing management actions will include: 1. Control of habitat disturbance from unauthorized OHV use or trespass in Conservation Areas, by installation of signage, fencing, and gates; patrolling; law enforcement; and installation of barriers. 2. Control of habitat disturbance from unauthorized dumping, by removal of non -organic debris, installation of barriers, gates, and fences. 3. Control of non-native or invasive species and other habitat restoration projects. a. Control of tamarisk. Tamarisk is an exotic pest plant that competes with native species and reduces the habitat value for Covered Species including Peninsular bighorn sheep, least Bell's vireo, and other riparian birds. A program to control tamarisk has already been implemented in many areas within the MSHCP Reserve System (Thousand Palms Conservation Area, Dos Palmas Conservation Area, Santa Rosa and San Jacinto Mountains Conservation Area). This invasive species control ES-34 9: 242 Recirculated Draft Coachella Valley MSHCP — February 2007 project is considered as ongoing management because the need for tamarisk eradication and the techniques to it have already been detennined. b. Control of cowbirds in riparian areas. Surveys done for the Monitoring Program in spring 2003 detennined that cowbirds are present in all areas where riparian birds nest. Methodologies for cowbird control are well established and can be implemented in riparian Habitat areas. These management activities will be implemented on Additional Conservation Lands as they are added to the MSHCP Reserve System. They will be subject to evaluation of their efficacy and review of benefits and impacts, through the work of the Land Manager and the reserve management committees. Ongoing management activities such as habitat perimeter fencing and signing may need to be evaluated through Adaptive Management. Adaptive Management In its simplest form, Adaptive Management is "learning by doing" (Walters and Holling 1990). More specifically, Adaptive Management is the application of the scientific method to management strategies. It requires the development of hypotheses, regarding for example either the impacts of potential threats and/or the efficacy of management actions to control those threats, testing of the hypotheses, and then either a restatement of the hypotheses and further evaluation, or the initiation of tested management actions on a wider scale. The Plan will utilize Adaptive Management strategies as applicable on Reserve Lands. Adaptive Management can range from an experimental approach which involves monitoring the response of identified factors to a treatment where a control area is also evaluated to a broader view where monitoring is conducted within the context of hypothesis testing (Walters and Holling 1990, Holling 1999, Johnson 1999) to determine the effect of management. Hypotheses are generally based on insights derived from conceptual models. The Adaptive Management Program will address management uncertainty, including the following issues: 1. Management action as responses to findings of the Monitoring Program in regards to unanticipated changes, in the needs of individual species, groups of species, or conserved natural communities, including fluvial and aeolian transport and sorting of sand. 2. Reserve and species management techniques and actions. 3. Enhancement of the conservation values of lands in the Conservation Areas. 4. Management actions to address Changed Circumstances as addressed in Section 6.8.3. Linking the Monitoring Program with Adaptive Management actions will inform reserve managers of the status of Covered Species, conserved natural communities, and Essential Ecological Processes in a manner that provides data to allow informed management actions and decisions. Existing information about both the impact of threats and the management strategies for addressing those threats will be used extensively in designing the initial management program for each Conservation Area. ES-35 1 243 Recirculated Draft Coachella valley MSHCP — February 2007 Ecosystem Models Section 8.2.5 presents an initial conceptual model that has been developed for the monitoring and management framework. Under this approach, Covered Species will be treated as affiliated with six natural community/habitat assemblages that are grouped due to similar natural processes and threat regimes. The broad habitat associations include aeolian sand, alluvial fan, riparian, marsh, alkali flat and playa, and mountain, each of which includes one or more of the 27 conserved natural communities included in the Plan Area. Within each of these habitat associations, monitoring and management protocols are provided at several scales: (I) landscape, (2) natural community/habitat, and (3) species. In many cases, these protocols involve measurements at multiple trophic levels. A process is proposed for evaluating monitoring results, for modifying monitoring protocols to provide more insightful data, and for recommending management actions. A variety of approaches will be evaluated to monitor landscapes, conserved natural communities, and species, during the baseline phase and on an ongoing basis. The multiple scales designed into the framework should provide biologists and managers sufficient information to identify: 1. Natural patterns and fluctuations within the typical dynamics of this habitat assemblage. 2. The occurrence and extent of perceived threats within a time frame to enable managers to respond with appropriate management tools. 3. The range of impacts that stressors or threats have on site -specific habitat characteristics and species assemblages, across trophic levels. 4. The scope of impacts those threats have on the distribution of Covered Species across a landscape that includes multiple conservation sites, each with different physical attributes (climate, sand delivery sources and conduits, vegetation patterns). 5. Success or failure in the implementation of management actions aimed at controlling threats. Data Storage & Analysis To enable managers and Wildlife Agencies to evaluate the efficacy of conservation measures, it is essential that collection of sufficiently robust monitoring data occurs. However, these efforts will be wasted if the data are not analyzed, evaluated, and stored in a manner that allows easy retrieval and understanding by all stakeholders. To ensure efficient and consistent data handling the following standard practices will be adopted: 1. At the beginning of each year, all MSHCP data collectors (reserve monitors, Reserve Managers etc.) will meet to discuss data collection protocols to ensure scientific validity and consistency through time. Field data forms used by various reserve monitors will be standardized. 2. As data are processed, all versions of a data set will be archived, from raw data to a fully checked and verified form. The methods and steps used to process data will be described. The primary purpose of this practice is to make it possible to recover from data mishandling during manipulation of the original source data. It also makes it possible to verify data processing methodologies at a later date should it become necessary. ES-36 2 244 Recirculated Draft Coachella Valley MSHCP — February 2007 3. Metadata will accompany all data generated by this project. The current standard is the Federal Geographic Data Committee (FGDC) Metadata Standard. Any future standard will be agreed upon by the RMOC. The responsibility for storing the official record associated with MSCHP compliance will rest with CVCC. The MPA will be responsible for compiling the data generated from the Monitoring Program. Copies of these data will be provided to the appropriate parties, including CDFG, USFWS, and BLM. A process of "mirroring," maintaining identical copies of entire file systems on computer servers in different locations, will be followed. The mirrored file systems will create redundancy and will place the entire data set closer to those who use it most. Coordination of data compilation will be the responsibility of the Biological Monitoring Program Administrator. Field crews will be responsible for entering the data collected during the field season into the program database and for verifying the integrity of the data. Once data are compiled, the database management personnel will be responsible for organization and storage. Data analysis will be handled by the data analysis team in conjunction with the program administrator. The analysis may involve nested integration of the monitoring levels (landscape, habitat, and species) to provide the robust power intended by the monitoring protocol design. Program Reporting and Evaluation Annual monitoring reports that summarize the results of each year's monitoring efforts will be provided to the RMOC, RMUCs, and the Land Manager. The MPA will be responsible for preparing and distributing these reports. The Biological Monitoring Report will include, at a minimum, the following: 1. Objectives for the Monitoring Program for that year 2. Effects on Covered Species and conserved natural communities 3. Location of sampling sites 4. Methods for data collection and variables measured 5. Frequency, timing, and duration of sampling for the variables 6. Description of the data analysis in terms of what, how, and by whom 7. Evaluation of progress toward achieving measurable biological goals and objectives 8. Suggested changes/feedback for Adaptive Management 9. Cause -and -effect relationships 10. Results of data analysis 11. The priorities for next year ,The MPA will be responsible for reviewing the annual reports working in cooperation initially with the program biologists, the Land Manager and RMUCs. The administrator, Land Manager, and the respective RMUCs will evaluate the results of annual monitoring, and will address relevant questions including the following: ES-37 a 245 Recirculated Draft Coachella Valley MSHCP — February 2007 1. Are the protocols providing data with sufficient resolution to detect significant changes? If not, what alternatives are available? Proposals for changes should be considered, discussed, modified per the discussion, and agreement on an implementation strategy should be reached. 2. Do any of the data collected with respect to species or conserved natural communities indicate early signs of decline or degradation (independent of natural fluctuations in resources) in response to the changed occurrence of known threats? If so, are more precise data required? How should the monitoring design be modified to acquire more precise data? 3. What are the appropriate management responses and ways to implement them? If no management responses are readily available, proposals and funding for research to develop and test potential management tools should be recommended. 4. Do monitoring data indicate management actions have been effective? What are the appropriate measures of success in response to a management action? Is the design and placement of monitoring stations sufficiently sensitive to measure management effects when they occur? If the management tools are ineffective, propose and fund research to develop and test new tools. 5. Are data analyses sufficient to answer the questions above? Is the nested integration of data on landscape, natural community, and species level monitoring occurring? Does it provide the desired level of resolution and understanding? If not, review procedures, and if necessary, fund training for data analysts and lead biologists on appropriate data analysis tools. This annual Biological Monitoring Report review and evaluation will result in an analysis of the results and a series of recommendations. The results of the initial review process will be presented to the RMOC. Work Plan, Schedule, and Budget Section 8.8 describes the work plan, personnel needs, and budget for the baseline monitoring phase (years 1 — 5) and the long-term monitoring phase (ongoing), and for the Management Program. The cost estimates for the implementation of both the monitoring and management components of this program are dependent on assumptions regarding how, and by whom, these tasks will be completed. Since this is, by definition, an adaptive program, change is inevitable. Detailed budgets for biological monitoring, land management, and Adaptive Management are presented in Section 8.8.3. The total costs for these are included in the cost summary in ES 5 above. ES - 38 a n 246 Recirculated Draft Coachella Valley MSHCP — February 2007 E.S.9 Species Accounts and Conservation Measures The following conservation approaches involve acquisition, biological monitoring, and Adaptive Management actions that will be used to achieve Conservation of the Covered Species. Conserve, restore, and manage sustainable populations in as many Core Habitat areas as Feasible within the Plan Area. The maximum number of Core Habitat areas available is delineated for Conservation. Tables 9-la and 9-lb shows the Conservation Areas where each species is conserved and identifies Core Habitat areas. la. Within Core Habitat areas, maintain the ecological integrity of large habitat blocks, ecosystem function, and biological diversity. 2. Conserve Other Conserved Habitat, representative of the range of environmental conditions within which the species is known to occur. Incorporate a range of environmental gradients (e.g., slope, elevation, aspect) and high habitat diversity to provide for shifting species distributions. 3. Provide for population fluctuation, which may include spatial shifts through time as a result of responses to local environmental conditions. Provide opportunities for dispersal and resultant genetic and demographic exchange among populations, which fosters genetic diversity. 4. Protect Essential Ecological Processes that sustain Core Habitat and Other Conserved Habitat areas. Essential Ecological Processes, including sand source areas and sand transport systems, hydrological systems, watershed features, and flooding regimes, will be protected. 5. Maintain Biological Corridors and Linkages among Core Habitat areas to sustain the effective movement and interchange of organisms between habitat areas inside and outside the Plan Area to the Maximum Extent Feasible. 6. Implement a Monitoring Program that identifies trends in species and community level resources protected under the Plan. 7. Implement an Adaptive Management Program that includes species -specific actions to secure and enhance habitat quality and provide for long-term population viability. 8. Identify activities, and any restrictions on those activities, allowed within Conservation Areas that are compatible with the Conservation of species, habitats, conserved natural communities, and their associated ecological functions. 9. Control threats, which may include habitat fragmentation, invasive plant and animal species, OHV use, and edge effects. The application of these measures throughout the Plan Area varies depending on the species. Section 9 in the Plan describes individual Conservation Strategies for each species together with background information on the species. These species Conservation Strategies are arranged by taxonomic group, beginning with plants. The individual species accounts include all ES-39 ®( n41 Recirculated Draft Coachella Valley MSHCP — February 2007 Species Conservation Goals and Objectives that relate to each of the Covered Species, such that a summary of the conservation approach for each species is found in Section 9. Tables 9-la and 9-lb in Section 9.1.3 provide a summary of the occurrence of each Covered Species within each Conservation Area. They also provide a description of whether modeled Habitat for a given species involves Core Habitat or Other Conserved Habitat, or both. The number of acres of each habitat type to be conserved is also provided. These tables are intended to provide an overview of the Habitat for each Covered Species to be conserved within each Conservation Area. The plants proposed for coverage include two federal Endangered Species, the Coachella Valley milkvetch and the triple -ribbed milkvetch, and three species with no official status, Little San Bernardino Mountains linanthus, Mecca aster, and Orocopia sage. Some of the features of the biology of plant species warrant special note with regard to the general Conservation Strategies. General measures common to all of these plants are listed below and measures specific to a given species are described in the Species Conservation Goals and Objectives, and the species -specific Adaptive Management discussion for each plant in Section 9.2. 1. Maintain Essential Ecological Processes for plants, including pollination, seed dispersal, soil characteristics, mychorrhizal relationships, and nitrogen fixation. 2. Restore and enhance degraded Habitat, using native vegetation only, as necessary according to monitoring results. 3. B aluate whether establishment of a seed bank to guarantee against extinction is needed. The two insect species covered under this Plan are the Coachella Valley giant sand - treader cricket and the Coachella Valley Jerusalem cricket, both endemic to the Coachella Valley and the Plan Area. Some of the features of the biology of insect species warrant special note with regard to the general Conservation Strategies. General measures common to both of these insects are listed below, and measures specific to either species are considered in the individual species descriptions in Section 9.3. 1. Maintain habitat features and ecological processes essential to insects, including availability of food plants and suitable local environmental conditions such as vegetation and soil microclimates. 2. Limit, to the maximum extent Feasible, general application of pesticides or other toxic chemicals within Conservation Areas. Application of pesticides or toxic chemicals outside Conservation Areas should be designed to avoid contamination within Conservation Areas. 3. Restore and enhance degraded Habitat as necessary according to monitoring results The only fish species covered under this Plan is the desert pupfish. Conservation measures specific to the desert pupfish are found in Section 9.4. The only amphibian covered under this Plan is the federally endangered arroyo toad. Conservation measures specific to the arroyo toad are found in Section 9.5. ES-40 Recirculated Draft Coachella Valley MSHCP — February 2007 Three species of reptile are covered under this Plan: the desert tortoise, listed as threatened by the federal and state governments; the Coachella Valley fringe -toed lizard, listed as a state Endangered and a federally Threatened Species; and the flat -tailed horned lizard, a species proposed for federal listing. General measures common to all of these reptiles are listed below and measures specific to a given species are considered in the Conservation Strategy for each of the species in Section 9.6. 1. As part of the Monitoring and Adaptive Management Program, evaluate the impact of "artificial" perches for predators, including power poles and landscape trees, along the edges or adjacent to Conservation Areas. Some evidence from the Thousand Palms Preserve suggests that predation rates may be increased due to these artificial perches. Eleven bird species are covered under this Plan. The birds include species that are resident in the Coachella Valley, including the burrowing owl, California black rail, crissal thrasher, and Le Conte's thrasher. A number of the species are migratory, occurring in the Coachella Valley primarily during migration, or during the nesting season. The migratory species include the gray vireo, Yuma clapper rail, and five riparian bird species, including the least Bell's vireo, southwestem willow flycatcher, summer tanager, yellow warbler, and yellow - breasted chat. For the riparian bird species, consideration was given in the conservation plan to Habitat used for breeding and Habitat used during migration. General measures common to all of these birds are listed below and measures specific to a given species that are not addressed in the general conservation measures are listed as species -specific conservation measures in Section 9.7. 1. Avoid impacts to Habitat during nesting season, generally from February through July, for all bird species. The mammals covered under the Plan are the federally endangered Peninsular bighorn sheep, and three small mammals with no formal status, the Palm Springs pocket mouse, the Coachella Valley round -tailed ground squirrel, which has recently been given federal candidate for listing status, and the southern yellow bat. Measures specific to a given species are described in Section 9.8. E.S.10 Natural Community Accounts and Conservation Measures The natural communities conserved under the Plan provide the Habitats for the Covered Species. Conservation of these natural communities also includes Conservation of the rich biological diversity of the Plan Area on an ecosystem -wide basis, consistent with the state's Natural Community Conservation Plan Act goals. The following conservation approaches involve acquisition, biological monitoring, and Adaptive Management actions that will be applied to achieve Conservation of the natural communities. ES-41 III 249 Recirculated Draft Coachella Valley MSHCP — February 2007 1. Conserve, restore, and manage representative stands of each natural community in one or more Conservation Areas. The maximum number of available natural community stands is delineated for Conservation wherever feasible. Table 10-1 shows the Conservation Areas where each natural community is conserved and identifies the number of acres conserved. 2. Conserve natural community occurrences representative of the range of environmental conditions within which the community is known to occur. Incorporate a range of environmental gradients (e.g. slope, elevation, aspect) and high habitat diversity. 3. Protect Essential Ecological Processes that sustain conserved natural communities. Essential Ecological Processes, including the sand source areas and sand transport systems, hydrological systems, including watershed features and flooding regimes, and fire! regimes will be conserved. 4. Implement a Biological Monitoring and Adaptive Management Program to contribute to maintenance of conserved natural communities within Conservation Areas. Additional research on natural community composition, ecology, and dynamics may be included in these actions. 5. Restore and enhance degraded natural communities, using native species only, as necessary according to monitoring results. 6. Identify activities, and any restrictions on those activities, allowed within Conservation Areas that are compatible with the Conservation of species, habitats, and conserved natural communities, and their associated ecological functions. 7. Control threats, which may include habitat fragmentation, invasive plant and animal species, alteration of ecological processes, including hydrological regimes and sand transport, OHV use, and edge effects. Table 10-1 in Section 10.1.3 provides a summary of the occurrence of each natural community within each Conservation Area. The number of acres of each natural community to be conserved is also provided. This table is intended to provide an overview of the natural communities to be conserved within each Conservation Area. For each of the seven sand -affiliated communities included in the Plan, Section 10.2 contains a natural community Conservation Strategy and a natural community account, including natural community characteristics, typical species, and significant threats. General conservation measures, which are common to all these sand dune and sand field types, are listed below. 1. Conserve the sand source/transport systems to ensure sustainability of the sand dunes and sand fields. Maintain, and enhance where feasible, aeolian (wind-blown) and fluvial (water -borne) sand transport systems and existing hydrological regimes. 2. Control disturbance and compaction of sand dunes and sand fields. 3. Avoid stabilization of sand dunes due to spread of non-native plant species and effects from adjacent Development. Section 10.3 contains a summary description, including natural community characteristics, typical species, and significant threats, for the three desert scrub communities ES-42 1 1 255 Recirculated Draft Coachella Valley MSHCP — February 2007 included in the Plan. General conservation measures, which are common to all these desert scrub types, are listed below. 1. This natural community may be subject to increased fire frequency as a result of invasive annual grasses and other non-native plant species. As part of the Adaptive Management and Monitoring Plan, establish a research element that addresses the impact of non-native species. 2. This natural community is adaptively managed, according to an approved Adaptive Management and Monitoring Plan, which would include management to prevent damage from OHV activity and other threats. Section 10.5 contains a summary description, including natural community characteristics, typical species, and significant threats, for each of the four chaparral communities included in the Plan. General conservation measures, which are common to all these chaparral types, are listed below. 1. As part of the Adaptive Management and Monitoring Program, evaluate the need to manage fire to avoid senescence of vegetation due to fire suppression. Develop appropriate fire management prescriptions for chaparral natural communities. This may include the use of prescribed fire and/or standards for controlling wildfires to maintain or restore these communities. 2. Essential Ecological Processes, including fire regimes, are protected to ensure sustainability of the community. Please refer to the Section 4.3 subsections for specific goals for ecosystem processes. Section 10.6 contains a summary description, including natural community characteristics, typical Species, and significant threats, for the two marsh communities proposed for coverage in the Plan. General conservation measures, which are common to these marsh types, are listed below. 1. Ecological processes, including water availability, are protected to ensure sustainability of the community. Please refer to the Section 4.3 subsections for specific goals for ecosystem processes. 2. To the extent activities are under Plan authority, maintain water levels, water quality and proper functioning condition of ponds, springs, and other wetlands. 3. Control of non-native plants, particularly tamarisk, is implemented. 4. As part of the Monitoring and Adaptive Management Plan, complete hydrologic studies for the Salt Creek area to determine if the water sources for marsh areas are adequately protected or if additional water sources may be needed. 5. This natural community is adaptively managed, according to an approved Adaptive Management and Monitoring Plan. Section 10.7 contains a summary description, including natural community characteristics, typical species, and significant threats, for each of the four riparian communities ES-43 1 , 251 Recirculated Draft Coachella Valley MSHCP — February 2007 and the desert fan palm oasis community proposed for coverage in the Plan. Riparian communities are considered to be at great risk throughout Southern California (Bowler 1990, Davis et al. 1996). General conservation measures, which are common to all these riparian types, are listed below. 1. Ecological processes, including flooding regimes and water table continuity, are protected to ensure sustainability of the community. Please refer to the Section 4.3 subsections for specific goals for ecosystem processes. 2. To the extent activities are under Plan authority, maintain water levels, water quality and proper functioning condition of springs, streams, and other natural water sources that support these conserved natural communities. 3. Riparian Habitat along the Whitewater River channel from Indio south that is currently subject to periodic removal during maintenance of the Channel to maintain flood capacity will be replaced by the establishment of permanent riparian Habitat as a result of an agreement, and/or Plan participation, with the CVWD. 4. Remove and control invasive non-native plants, including tamarisk and arundo (very limited in occurrence). 5. This natural community is adaptively managed, according to an approved Adaptive Management and Monitoring Plan. 6. As part of the Monitoring and Adaptive Management Plan, complete hydrologic studies for the Salt Creek area to determine if the water sources for marsh areas are adequately protected or if additional water sources may be needed. Section 10.8 contains a summary description, including natural community characteristics, typical species, and significant threats, for desert dry wash woodland and mesquite bosque. General conservation measures, which are common to these dry wash community types, are listed below. 1. Ecological processes, including flooding regimes, are protected to ensure sustainability of the community. Please refer to the Section 4.3 subsections for specific goals for ecosystem processes. 2. Potential changes, including proposed Development, are evaluated based on the impacts to the watershed, or drainage basin, for dry wash communities. 3. Reduce and control the spread of non-native tamarisk and other invasive species. Section 10.9 contains a summary description, including natural community characteristics, typical species, and significant threats, for each of the two pinyon and juniper woodland communities proposed for coverage in the Plan. General conservation measures, which are common to both of these communities, are listed below. 1. Through the Monitoring and Adaptive Management program, develop appropriate management prescriptions for pinyon -juniper woodland natural communities. This may include the use of prescribed fire and/or standards for controlling wildfires to maintain or restore these communities. ES-44 11 252 City Council Minutes 4 May" 18T%&YIENT 3 MOTION — It was moved by Council Members Sniff/Kirk to approve the Consent Calendar as recommended and amended with the exception of Item No. 10. Item No. 8 was approved by RESOLUTION NO. 2006-051. Motion carried unanimously. BUSINESS SESSION 1. CONSIDERATION OF THE COACHELLA VALLEY MULTI -SPECIES HABITAT CONSERVATION PLAN, FINAL ENVIRONMENTAL IMPACT REPORT, AND ENVIRONMENTAL INITIAL STUDY AND IMPLEMENTING AGREEMENT. Community Development Director Evans presented the staff report. Mayor Adolph asked if there is anything in the plan the City can't live with. Mr. Evans stated the plan will impose a pricey fee on properties, and some of the properties will not have endangered species on it. He noted the plan provides tools for the City to work with U. S. Fish and Wildlife Service (USFWS) and the California Department of Fish and Game (CDFG). Overall, he feels it's a plan the City can work with. City Attorney Jenson stated she feels that is a question for Council to answer, and noted it's not a risk -free proposition. There are provisions in the plan that give her some comfort regarding take of land, and she noted the Implementation Agreement allows the City to exempt projects from the plan. She noted the risks are outlined in her memo but she doesn't feel they are a reason not to go forward. John Wohlmuth, Executive Director of CVAG, stated they have worked with the cities, County, and other agencies to negotiate a plan and Implementation Agreement that would be acceptable to USFWS and CDFG. The wildlife agencies will issue a permit that states "over 75 years, they will protect the habitat of the 27 species in the conservation areas, and manage and monitor the species so they will persist forever." As for the dispute resolution policy, he noted it was not intended to address fair market values from willing sellers in the conservation area. The policy will allow willing sellers to get a second appraisal, and if a third appraisal is necessary, the Coachella Valley Conservation Commission (CVCC) will pay for the appraisal and any arbitration costs. He noted property will only be purchased from willing sellers, and land appraisals will utilize the underlining zoning of the properties to determine the property value. He indicated this process has proved true in purchases made recently in conservation areas to mitigate the freeway interchanges. Regarding the land -use adjacency guidelines, the 6154 City Council Minutes 5 May 16, 2006 resolution states the City shall consider them but has discretion in how the guidelines are applied. In response to Council Member Osborne, Mr. Wohlmuth confirmed some of the cities have taken action in opposition to the plan but have directed staff to work on their issues of concern. CVAG staff will be working with the City of Cathedral City next week, and are still working on some issues with the Cities of Desert Hot Springs and Indio. He hopes the issues will be resolved by June 1, 2006. He stated if one city officially votes "No," unless it is the City of Palm Springs, the document will have to be re -circulated in some form, and the Executive Committee would determine if CVAG would still be involved. Council Member Sniff questioned the validity of being able to preserve the species "forever." He also asked the reason for a 75-year period, and how major amendments to the plan could be made. Mr. Wohlmuth noted the objectives of the plan is to provide a habitat to protect the species forever. As long as the cities meet the objectives of the plan, the wildlife agencies cannot come back and ask the cities for more land for those species. He stated a major amendment of the plan would require an environmental document and unanimous approval by CVCC members. Council Member Sniff stated it seems the property owner/developer will pay the cost for this. Mr. Wohlmuth confirmed they will pay a significant portion of the cost but there are other funding sources such as the $1 per ton tipping fee for the open space trust fund. In response to Council Member Henderson, Mr. Wohlmuth confirmed CVAG is working on an implementation manual for planners to use, which will have a streamlined process for allowing construction during the Big Horn Sheep lambing season. He stated CVCC has established a subcommittee of planners and one elected official to draft the manual. Council Member Henderson asked for clarification regarding private ownership lands. Mr. Wohlmuth stated 94% of the conservation area is consistent with current zoning, and 84% of the area is in the County. As an example, if the County approves one unit on five acres, the CVCC would only be interested in the disturbed area because it has to report that to the State and Federal 2 255 City Council Minutes 6 May 16, 2006 agencies. He feels there is a high probability that the land could be developed. In response to Council Member Henderson, Ms. Jenson stated it's not in the plan nor the agreement but there are other tools in the plan to get to that. She stated the implementing resolution allows the Council to determine if a parcel should be exempted but a lot of uncertainty exists about what happens after that. She stated there was some confusion about the existence of an expressed exemption for the conservation areas but it's not there. In response to Ms. Jenson, Mr. Wohlmuth clarified they will look at the zoning at the time of acquisition, not when the plan is approved. Council Member Henderson asked for clarification on the difference between the development fee of $5,270 per acre and the per unit fee. Mr. Wohlmuth stated commercial/industrial uses are a per acre fee, and the residential fee averages at $5,270 per acre. However, because of the nexus consultant's findings and the cumulative impacts for residential units, the fee was broken out to a three-tier residential formula. He confirmed the fee could be revisited but would require a nexus study, which is required every five years or as deemed necessary. Council Member Henderson noted the City has several outstanding issues, and asked about putting them on a CVCC agenda for discussion. Mr. Wohlmuth confirmed some of the issues for clarification can be put on a CVCC agenda for discussion but some probably cannot. He noted there will be further discretion on the fee ordinance. Council Member Kirk questioned why higher densities have a higher per -acre fee. Mr. Wohlmuth noted the average of the three tiers equate to $5,270 per acre. He stated three types of impacts were identified in the consultant's study — direct impacts, indirect impacts, and cumulative impacts. The consultant wanted to provide density bonuses to get up to the higher density in the smart growth concept, and to address the cumulative impacts. He feels the greater impacts at the higher levels justify the fee. Council Member Kirk stated he still doesn't understand the need for a higher fee because an acre is still an acre, and asked what kind of cumulative impacts he is referring to. 1 259 City Council Minutes 7 May 16, 2006 Mr. Wohlmuth noted roads, water services, sewer systems, and other public amenities for greater populations will use some of the habitat. Council Member Kirk asked what happens to the discussions they've had about livable communities actually reducing sprawl and reducing the amount of roads and public service demands. He asked if the City could adjust the fees as long as they average $5,270 per acre. Mr. Wohlmuth noted adjustments to the fee would affect the budget and the ability to acquire conservation lands that have to be acquired over the 30- year period. Any exemption or modification of the fee ordinance would require revisiting the nexus study to determine the impacts, and he prefers having the nexus study look at the formula as opposed to the formula being adjusted city by city. He stated a new nexus study can be done in two years, and they have suggested to CVCC that it would be appropriate to do so if land values increase or decrease. A 3% escalation is built into the fee. He confirmed the fee doesn't apply to public projects or covered projects. Council Member Kirk asked if the fee would apply to a new fire station. Michelle Ouellette, special legal counsel with Best, Best & Krieger, stated the fee would not automatically apply. The City would apply the mitigation, and it could be the fee if that is what the City determines is appropriate. She noted the City has the authority under CEQA to ascertain the impacts and potential mitigation. In response to Council Member Kirk, Mr. Wohlmuth stated both the Building Industry Association and Sierra Club support the plan, and he is not aware of any other building association or environmental group that opposes the plan. In response to Mayor Adolph, Mr. Wohlmuth noted there are different levels of amendments. Some are very minor amendments that have to be determined if they are consistent with the objectives of the plan; some are minor ones that require wildlife agency concurrence; and some are major amendments. One possible major amendment at this time is in Desert Hot Springs to cover flood control facilities. Mayor Adolph noted the key issue is flexibility in the plan. He asked if it would nullify the approval if the City adopts the plan with a condition that CVCC take up a particular concern. Mr. Wohlmuth stated there will be MOUs between CVCC and the jurisdictions. As an example, the City of Palm Springs may approve the plan e 257 City Council Minutes 8 May 16, 2006 contingent upon CVCC or CVAG adopting a MOU. That would not be a major change in the plan but if the condition makes a major change in the document, it may require recirculation. Council Member Sniff asked if the City could opt out if conditions change significantly, and how would that be accomplished. Mr. Wohlmuth confirmed the City could opt out of the plan but would no longer receive the benefits of the plan, and the JPA document would have to be re -circulated to remove the City. Council Member Sniff asked what happens if the legislation this is based on goes through a major change, and a legal basis to operate no longer exists. Ms. Ouellette explained, at this point, the City would be making a commitment to set aside certain mitigation and take certain actions in return for take coverage. Should the Endangered Species Act cease to exist, the plan would still be in place but actions would be taken by the participants to withdraw from the permit if it is no longer needed. She added each jurisdiction would need to do final accounting to make sure the take that had been awarded was adequately mitigated. Council Member Sniff asked who would be sued if there is a legal challenge, and what the City's financial obligation would be. Ms. Ouellette stated that would depend on the cause of action but it would probably be CVAG since they are the lead agency. Mr. Wohlmuth stated CVCC would use funds available in the plan to defend the lawsuits. The JPA agreement includes assessment language but also holds the permittees harmless. He cannot guarantee the cities will not be assessed but CVCC is created to be the agency between the permittees and any lawsuit to protect the permittees. In response to Council Member Sniff, Ms. Ouellette stated challenges to CEGA can take up to two years to resolve. Ms. Jenson confirmed an indemnity provision is provided in the JPA agreement. She stated she doubts a legal challenge would have much effect on implementation of the plan. Ellen Lloyd Trover, 82-150 Avenue 54, Vista Santa Rosa, stated she doesn't think this is a perfect plan but supports it considering the alternatives. She has water issue concerns if the plan is not adopted. 9 253 City Council Minutes 9 May 16, 2006 Dr. Cameron Barrows, 53-298 Avenida Montezuma, stated he has been very active in helping to develop this plan, and noted the Fringe Toed Lizard Plan adopted about 20 years ago has worked well. He noted some people own property in the middle of sand dunes or in a flood zone but will receive fair market value for their property and many are likely to get more than expected. Joe Broido, 77-510 Calle Nogales, encouraged Council not to let legal or technical concerns keep them from approving the plan. Bruce Colbert, Executive Director of The Property Owners Association of Riverside County, P. 0. Box 127, Riverside, stated three cities are currently struggling with the plan, and he feels the cities should stick together. He stated the plan is designed to allow CVCC to take private property rights away from approximately 2,000 land owners without paying them. He believes improvement projects could be built just as easy under existing laws as under the plan, and questioned the necessity of the plan. He feels there are better and more effective ways to protect species and preserve open space. He encouraged the City not to approve the plan until the concerns of the land owners and neighboring cities are resolved. Mayor Adolph noted the plan will be dead if not approved by any city. Norman and Gayle Cady, 82-831 Avenue 54, Vista Santa Rosa, voiced support for the plan. Chris Hinojosa, 80-960 Gentle Breeze Drive, stated he lost his investment potential for property he owns in Section 5 because of the conservation plan and people not wanting to invest in something the government controls. If he negotiates with CVAG, they can't tell him when they would be able to ,pay him. He stated he believes the plan will lower the value of his property. Mr. Evans noted the City has a number of existing projects that have been approved and graded, and the habitat take has already occurred. He asked Mr. Wohlmuth for clarification as to whether or not the projects will be required to pay the per -unit fee when the building permit is issued. Mr. Wohlmuth stated the Implementation Agreement allows the take to occur at the grading plan but, ultimately, it's up to the fee ordinance adopted by the City. He stated the City has discretion in the fee ordinance. 25� City Council Minutes 10 May 16, 2006 Mr. Evans noted the fee ordinance will need to be written so projects that have already been graded and the take has already occurred are not retroactively charged a per -unit fee. Ms. Kathy noted, none of the project areas that have already been mass graded have been identified as needing protection, and it's her assumption that there has been no take involved. Mayor Adolph asked how long payment would take once CVAG and the property owner agree on a selling price. Mr. Wohlmuth stated once all of the permitees approve the plan and the wildlife agencies issue the permits, the ordinance starts charging the fee and funds will be available. They already have an estimated $50 million from CVWD, CVAG, and CalTrans mitigations. He stated the final process is with CVCC, who is able to determine acquisition priority, and he expects they will immediately address acquisitions from willing sellers .once the permits are issued. It took less than three months for CVAG to recently close on three separate properties for the freeway exchanges. In response to Council Member Kirk, Mr. Evans confirmed most of the technical and legal issues of the plan are associated with Section 5. He indicated a small portion (41 parcels) of Travertine in Section 5 could potentially be developed under the City's low density designation. He stated the water recharge area is not within Section 5, and confirmed the 41 parcels in Section 5 have physical and utility cost constraints. Council Member Kirk commented on the potential of annexing parcels from the Vista Santa Rosa area, and asked if there were any major issues associated with potential development in that area as it relates to the plan. Mr. Evans stated they would simply pay their fee and go forward. Council Member Kirk stated, other than the fee, it seems to him that existing parcels and parcels that may be annexed in the future, will benefit from the plan in terms of processing and certainty. Mr. Evans noted other parcels in the conservation area exist near Bear Creek but there are provisions in the plan to address those parcels. In response to Council Member Kirk, Mr. Evans confirmed tens of thousands of lots could benefit from the plan, with there being some uncertainty for a little more than 41 parcels in La Quints. 269 City Council Minutes 1 1 May 16, 2006 Council Member Sniff asked staff to name five major benefits and five drawbacks in adopting the plan. Mr. Evans stated five benefits are: regional conservation and open space; funding for open space; transportation and infrastructure; guidelines to work with wildlife agencies; and local decision making. As for drawbacks, the language in the Implementation Agreement is not favorable to cities; it's a complex plan; it will require a lot of hard work by CVCC; conservation strategies in the HANS process will be confusing; and it shifts a lot of maintenance responsibilities to local governments. He stated it's more complicated in other cities that have multiple sections and multiple conservation areas. Council Member Henderson asked about the possibility of tweaking the HANS process at the CVCC to make it less complicated. Mr. Wohlmuth stated CVAG or the CVCC can develop a streamlined education tool to make it less complicated,. RESOLUTION 2006-052 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 MULTI - SPECIES HABITAT CONSERVATION PLAN/NATURAL COMMUNITY CONSERVATION PLAN, APPROVING THE COACHELLA VALLEY MULTI - SPECIES HABITAT CONSERVATION PLAN/COMMUNITY CONSERVATION PLAN AND IMPLEMENTING AGREEMENT, AND ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. It was moved by Council Members Sniff/Kirk to adopt Resolution No. 2006-052 as submitted. Motion carried unanimously. RESOLUTION 2006-053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, TO ESTABLISH PROCEDURES AND REQUIREMENTS FOR IMPLEMENTATION OF THE COACHELLA VALLEY MULTI -SPECIES HABITAT CONSERVATION PLAN. It was moved by Council Members Kirk/Henderson to adopt Resolution No. 2006-053 as amended (language change in the resolution). Motion carried unanimously. 1 261 a •� °4 Twif 4 4Qm&&, s, V �y COUNCIL/RDA MEETING DATE: October 16, 2007 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Discussion of Sphere of Influence East of City Limits CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Provide staff with further direction as deemed necessary. FISCAL IMPLICATIONS: The City Council has directed staff to focus on dealing with the fiscal impact of single family residential development. The focus has been to evaluate and refine the City's fiscal model and use the Enclave project as a case study. Rosenow Spevacek Group Inc. (RSG) and City staff have been working with the Enclave project fiscal consultant to first resolve concerns regarding the City fiscal model and then work towards agreement on the fiscal mitigation amount on a per unit basis. The City Council has previously discussed developing one fee for single family residential development. The fee analysis contained in this report is intended to be a standard single family residential fee for the Sphere of Influence (SOI). CHARTER IMPLICATIONS: IPR7M BACKGROUND AND OVERVIEW: OVERVIEW: For more, than a year, significant time and resources have been dedicated to strategically planning for the potential annexation of the City's SOI in Vista Santa Rosa. This effort has been comprehensive with a primary focus upon fiscal impact and future land use. RSG has been assisting staff with addressing the fiscal analysis. RBF Consulting was providing assistance with the strategic land use plan and approximately 50% of the process was complete until it was put on hold in February in • 262 order to allow for the fiscal analysis to be completed. In addition, five pre -annexation development applications have been received and are at various stages of review. Fiscal Analysis Update RSG has analyzed the Enclave housing development, as proposed by Mr. Tom Noya, to determine the recurring costs and revenues for a thirty year period. Several scenarios have been developed for review. In each case, the project is fiscally negative on an annual basis, with recurring costs being greater than recurring expenditures. This impact would be born by the City of La Quinta's General Fund. The Enclave is adjacent to, but outside of, La Quinta's incorporated boundary. To make this annexation fiscally neutral to the City, Mr. Noya and City staff have discussed one-time fiscal mitigation fee payments to offset the negative fiscal impacts. The fee is proposed to be net present value of the annual project deficits which is then divided by the number of dwellings to yield the per unit fee. The chart below details four different scenarios and provides a per unit fee at three different net present value calculations and two different persons per household (pers/hh). Net Present Value Comparison 4.20% 5 25% 6% 3% Inflation on all revenues & expenditures; 2.04 pers/hh $ 22,767 $ 19.709 $ 17,866 3% Inflation on all revenues & expenditures; 2.86 pers/hh $ 37,873 $ 32,759 $ 29,682 5% inflation sales, fire, police, emerg services, all others at 3%; 2.04 pers/hh $ 28,575 $ 24,476 $ 22,024 5% inflation sales, fire, police, emerg services, all others at 3%; 2.86 pers/hh $ 46,921 $ 40,183 $ 36,158 1. Gas tax revenues are never inflated 2. Assumes 466 single family homes selling at $750, 000 each 3. Most values based on 2007-08 City Budget, state subventions based on annual reports 4. Projection run for 30 years, the Thermal RDA is eliminated in year 30 Mr. Noya's financial projections identify a per unit fee of $24,191. Methodology Issues that Appear Resolved: • Public Safety Costs: Research has shown that public safety costs are annually increasing at a rate higher than other City service costs. This is typical for most communities, and is not unique to La Quinta. Therefore, while most expenditures are increased at 3 percent per annum, police, fire, and emergency services are increased at 5 percent per annum. Mr. Noya's current model also uses these factors. • Interest Income Revenue: Mr. Noya's consultant had requested that General Fund interest income be apportioned to this project on a per capita basis. RSG and City staff maintain that since the project is fiscally negative there will be no interest income generate from project revenue. It should be noted that in Mr. Noya's most recent model, interest revenue was not included. 'a 26:3 Methodology Issues Remaining: • Number of Persons per Household: We are continuing to debate the number of persons who will occupy each dwelling. This is a significant factor because several of the revenue and expenditure calculations are generated on a per capita basis. Historical and current census data show that the average persons per occupied household is between 2.8 and 2.9 (see table below). The Vista Santa Rosa development community has identified a lower figure using the 2006-2007 City Budget. Page B-7, presents a La Quinta Community Profile table that indicates a July 11, 2006 population of 38,340 and total dwellings (as of the same date) of 18,762. Dividing the 38,340 population by the 18,762 dwellings yields 'a lower persons per household ratio of 2.04. It should be noted that the same table identifies a 2.855 persons per household, which is supported by dividing the 38,340 population by the 13,414 occupied homes. This variance may be attributed to the seasonal nature of the community, where dwellings are second homes without permanent residents. Mr. Noya believes his development will include seasonal residents, and more importantly, a majority of his buyers will not have children. His financial model therefore uses the 2.04 persons per unit ratio. Year Source Persons / Household 1983 Dept of Finance 2.88 1985 Dept of Finance 2.95 1986 Special Census 2.9 1990 Census 2.85 2000 Census 2.8 2005 Dept of Finance 2.88 2006 ESRI 2.86 2007 Dept of Finance 2.88 • Gas Tax Revenues: The model includes gas tax revenues per Sections 2105, 2106, and 2107 of the California Streets and Highways Code. RSG's practice is to keep these 'revenues constant; this approach is a result of discussions with the State representatives who indicated that there is no reason to assume these revenues will increase over time. Mr. Noya's model inflates this revenue at 3 percent per annum. In the ilast five years, gas tax revenues have increased annually with the exception of Fiscal Year 2004-2005, where revenues went down slightly. Using a 2.04 persons per household ratio and a 5.25 percent net present value calculation, RSG's projection versus Mr. Noya's projection results in a per unit difference of $285. The gas tax revenue and the persons per household adjustments are the primary differences between the two models. • Net Present Value Calculation: Lastly, there has been debate regarding the discount rate used in the net present value calculations that identify the one-time fee. The chart above provides three discount rate calculations — 4.2 percent, 5.25 percent, and 6 percent; for review, Mr. Noya's model uses a factor of 5.25 percent. The 2007 'average yield of the State's Pooled Money Investment Account (PMIA) is currently 5.22 percent. 264 Decision (Points: 1. Persons per household calculation: 2.04 versus 2.86 or another option. One alternative would be to include the portion of the seasonal population that keep homes in La Quinta to determine a modified persons per household ratio. Though these residents are only in La Quinta for part of the year, the City continues to meet the service demands of the additional residents. The following calculation estimates that 4,741 of the housing units are occupied seasonally, bringing the total population served by the City to 50,575 persons. Based on this population, the average household size is 2.51. Population Served Total Housing Units 20,176 Vacancy Rate' 23.5% Assumed Seasonal Units 4,741 Estimated Seasonal Population 2 9,483 2007 Permanent Population 41,092 Total Population Served 50,575 Persons Per Housing Unit 2.51 ' Actual vacancy rate is 28.5%, but RSG assumes 5% are for sale or between tenants P Seasonal residents expected to be 2 persons per household Source: City of La Quinta 2007-08 Budget Using the 2.51 persons per dwelling unit ratio and a net present value factor of 5.25 percent, the per unit fee calculation is $33,474. If a lower population per household figure is used, it is RSG and staff's opinion that a significant long-term fiscal impact may occur. As previously stated this is a proposed fee analysis and proposed fee for all proposed single family residential properties. If accepted by the City Council, all pre -annexation development agreements would use this fee. 2. Gas tax inflation rate: 3 percent versus flat rate. Net present value calculation: 5.25 percent versus 4.2 or 6 percent. Another option would be to determine a baseline for use, such as a published rate. For example, in the last 12 months of the State's PMIA, the average monthly yield is 5.18 percent. As of this, time the Enclave is proposing to pay the fee at Building Permit issuance. It is also requesting the City Council allow the option of forming a Community Facilities District (CFD) for the project improvements to offset a portion or all of the fiscal mitigation costs. If the City Council desires to consider the use of a CFD for off -setting the cost of fiscal mitigation, staff will initiate a detailed analysis of CFD's, the City policies regarding the use of CFO's and bring a full report back for City Council consideration. ® 265 Pending Development Projects The City has received applications for five future developments located in the SOL The project locations are identified on the attached map (Attachment 1). A brief summary of each application is as follows: • The Enclave — Bayshore Development (SP 06-079, TT33982): 474 single family residential lots on approximately 160 acres located at the northeast corner of Avenue 62 and Monroe Street. • La Quinta Motorcoach Resort - E. Randall Henderson (SP 07-083, TT 35238): 382 motorcoach lots on approximately 80 acres located between Avenue 58 and Avenue 59 '/4 mile east of Monroe Street. • Marchmont — Adobe Holdings (TT 34360): 209 single family residential lots on approximately 81 acres located between Avenue 60 and Avenue 61 'A mile east of Monroe Street. • Majestic Ranch - Family Development (TT 335591: 152 single family residential lots on approximately 100 acres located at the southeast corner of Avenue 53 and Monroe Street. • Family Development (TT 33697): 69 single family residential lots on 38 acres located at the southwest corner of Avenue 53 and Jackson. Of the five applications, the Enclave and La Quinta Motorcoach Resort are the only applications being actively pursued by the applicants and thus being processed by Staff. Staff was recently informed that Adobe Holdings is no longer the developer for the Marchmont application. In addition, staff has not heard from Family Development for several months. Application Process — SOI Developments The pre -annexation development process involves additional steps when compared to development applications within the city limits. Most notably, the pre -annexation entitlement process includes a plan for services, annexation fiscal analysis and a pre - annexation development agreement. In addition, the California Environmental Quality Act (CEQA) review process must also address the request for annexation. Of the five applications received, the Enclave development has been in the application process the longest and is the most complete. The vast majority of the project information has been received and it is anticipated that the application will be able to proceed to the hearing process once the remaining items have been submitted. The application process will include Vista Santa Rosa Community Council review, Architecture and Landscaping Review Committee (ALRC) review, Planning Commission Public Hearing and recommendation, concluded by City Council Public Hearing and decision. It is estimated that this process will take approximately 6-12 months to complete depending upon the CEQA process. Once City Council has decided upon the application (CEQA, specific plan, tentative tract map, plan for services, development agreement), the annexation process can then proceed with Local Agency Formation 266 Commission (LAFCO). It is anticipated that the annexation process with LAFCO will take approximately 9-12 months to complete. The La Quinta Motorcoach Resort application is also being actively processed. Though several outstanding items remain, the applicant is diligently working on them. The same application process as previously mentioned for The Enclave will also apply to this proposal except that this application will also include a General Plan amendment. Staff was recently notified that Marchmont Holdings is no longer the developer. In addition, there has been no progress made on the two development applications submitted by Family Development. Additional information is needed but not expected in the near future. Respectfully submitted, Dougla R. ans Assistant City Manager, Development Services nning Manager Approved for submission by: % P,J - Thomas P. Genovese City Manager Attachment: 1. SOI Project Locations 0 267 City of La Quinta SOI Applications in Progress N L SOl I Applications ,`•\\\\\ 0 263 October, 2007 1SJ STANLEY . HOFFMAN A 5 S O O I A T E 5 Memorandum 11661 San Vicente Boulevard Suite 306 Los Angeles, California 90049 310.820.2680, 310.820.8341 fax www.stanleyrhoffman.com DATE: October 16, 2007 TO: City Council Members, City of La Quinta CC: Doug Evans, Assistant City Manager, City of La Quinta Daniel Johnson, Schlecht, Shevlin & Shoenberger FROM: Stan Hoffman, Stanley R. Hoffman Associates, Inc. SUBJECT: Key Fiscal Issues Related to Vista Santa Rosa Annexation Study JOB No.: 1145 A. Introduction Stanley R. Hoffman Associates is preparing a fiscal study for the proposed Motorcoach Outdoor Resort project and surrounding residential and commercial development that encompasses about 210 acres. I While we are not presenting our fiscal analysis today, we would like to offer comments on the preliminary RSG fiscal analysis for Vista Santa Rosa that is being discussed today. This memo will focus on several of the key assumptions that we feel will influence the results of b th the overall fiscal analysis as well as on the fiscal analysis that we are preparing for the 210 acre annexation area. We have h d several working meetings with City staff and RSG consultants to review and discuss the ,fiscal issues presented herein and have forwarded copies of these memos to them. We apprecitues: te the time of your staff and consultants' time as well as your time to consider these important is B. Key Fiscal Issues 1. Persons ver Household versus Person per Dwelling Unit. The average persons-per- hou ehold ratio (i.e., for occupied households) is currently about 2.86 for La Quinta with abo t a 28.5 percent vacancy for second homes, according to data from the California Department of Finance (see memo entitled: Persons per Household/Housing Trends and CPIIIndex). The persons -per -housing unit ratio (i.e., the ratio for total residential units including both occupied and second homes) is currently about 2.04. As a point of fiscal methodology, if the fiscal analysis ratios are calibrated on permanent population using the 007-08 budget in the base year, than we feel that it is appropriate to use the 2.04 persons per total housing units to estimate future population. However, if second home population (i.e., part-time population) is included in the future estimate of population, then we feel the combination of permanent and part-time population in the base year is appropriate to be used in the calculation of the fiscal factors. 2. Forecasting for 30 Years. The RSG fiscal analysis prepares a fiscal analysis that extends for 30 years, or until the current redevelopment project area (RDA) sunsets. We feel that this its an appropriate time period, because the major fiscal difference between the Vista Santa Rosa area and the remainder of the City is that no property tax revenues flow to the Cityl's General Fund while the redevelopment agency of the County of Riverside is in Hoffman Associates October 16, 007 City Council Members, City of La Quinta Key Fiscal I sues Related to Vista Santa Rosa Annexation Page 2 place. However, one caveat is that as development is phased into Vista Santa Rosa over time, the fiscal impact fee may need to be adjusted for a shorter time period. 3. Infl4ting Revenues and Costs at Fixed Differential Rates. The RSG analysis inflates sele ted revenues and costs at differential rates. Selected costs, such as police, fire and emergency are increased at 5 percent while other costs are increased at 3 percent. On the revenue side, all revenues, except sales tax, are increased at 3 percent. Sales tax is increased at 5 percent. We think that these assumptions need a closer look, because we feel that to inherently build into a projection that costs rise much steeper than the reveues over a 30 year period is not realistic and different than how the actual budgeting process works. We feel that while City's do tend to increase their costs over time, it is in some relationship to projected or anticipated revenue increases. Also, we examined some oft the revenue increases in the City's budget for the period 2001-01 through 2006-07 and fo d that a number of the revenues have historically increase significantly faster than 5 percent per year over this time period. The four selected revenue sources that we examined were: Sales tax (12.5%); Transient occupancy tax (7.4%); Motor vehicle license tax (18.3%); and Gas Tax (10.9%). These increases in revenues have allowed the City to expand its services. While there may be a combination of reasons for these relatively higher rates, we do feel that this issue requires further study. 3. Historic Inflation Rates. We have also provided an analysis of historic inflation rates over the 1970 to 2006 period in the attached memo entitled: Person per Ho u ehold/Housing Trends and CP1Index. It shows that the CPI measure of inflation has ranged from 2.8 percent to 3.6 percent since 1980. When you go back as far as 1970 to 2006, it shows a higher average of 4.8 percent. Since the recent inflation trends are probably more reflective of current Federal policy, the inflation rate of 3 percent curr�ntly being used by RSG for the overall factor seems reasonable. 4. Inve tment Rates and Discount Rates: The use of a 5.25 percent discount factor seems to be reasonable in light of both current and historic investment data as provided by the Stat 's Pooled Money Investment Account (PMIA). As indicated in RSG's report, the 200 average yield for PMIA is 5.22 percent. In the attached memo (entitled: Pooled Money Investment Account Yield Rates), the average yield rate over the past twenty years was 5.27 percent. Thank you �ery much for your consideration of these issues. We would be happy to answer any questions either now or at future meetings with Council or staff and consultants. /o//6/D7 SS / S DATE: TO: CC: FROM: SUBJECT: JOB No.: HOFFMAN I A T e $ Memorandum 10, 2007 11661 San Vicente Boulevard Suite 306 Los Angeles, California 90049 310.820.2680, 310.820.8341 fax www.stanleyrhoffinan.com )oug Evans, Assistant City Manager, City of La Quinta ohn Falconer, Finance Director, City of La Quinta )aniel Johnson, Schlecht, Shevlin & Shoenberger rank Spevacek, RSG ;tan Hoffman, Stanley R. Hoffman Associates, Inc. ,a Quinta — Persons per Household/Housing Trends and CPI Index 145 Population and housing data from 1990 o 2007 in the City of La Quinta was analyzed in order to determine if there is a trend toward full time residency. The results of this analysis would influence the projections of full- time to the As Quinta has 7.9 percen 6,426 to 21 3,931 to 1z tion in the fiscal analyses that are currently being prepared for the annexation areas and east of the existing City boundaries. in Table 1-1, over the past seventeen years the population in the City of La from 11,212 in 1990 to 41,052 in 2007, at an average annual growth rate of During the same time period, the total number of housing units has increased from 176 at an average annual rate of 7.0 percent. Households have also increased from 125 at a rate of 7.9 percent, showing that there has indeed been a slight trend towards more full t me residency, but since the year 2000, the perons per housing unit ratio has only fluctuated etween 2.00 and 2.07 persons per housing unit. In 2007, it was estimated at 2.03 by the Califomia Department of Finance (DOF). In comparison, the persons per household ratio (i.e., occup ed housing units) first declined from 2.85 in 1990 to 2.80 in 2000. It is currently estimated b DOF at 2.85 in 2007. 1-2 illustrates that the trend toward more permanent residents in La Quinta had almost co letely ended by the year 2000. Figure 1-1 shows the persons per household and per housing unit ratios over the past seventeen years. Over the past seven years persons per household has gone from 2.80 to 2.85, while persons per housing unit has gone from 2.00 to 2.03. This means that the gap between these ratios has only widened by 0.02, indicating that they no to get appear to be converging. During the past seven years the vacancy rate --largely Stanley R.I Hoffman Associates October 11, 007 Doug Evan and John Falconer, City of La Quinta La Quinta Persons per Household/Housing Trends and CPI Index Page 2 second homes --has remained stable at about 28.5 percent, which means that the current mix of permanent versus part-time residents is not changing significantly. Figure 1-2 shows the vacancy rat over time, and how it has remained stable over the past seven years after dropping by over ten (percent from 1990 through 1999. Aver we Annual Inflation Rate Trends. Table 1-3 illustrates the average annual growth rate of inflation over the time period from 1970 — 2006. During this entire time period, the rate was 4.8 pei cent. The rate was lower during the time period from 1980 — 2006 at 3.6 percent. However, tie lowest average annual growth rate of inflation was during 1990 — 2006 at 2.8 percent. Conversely, the rate was higher over the more recent time period from 2000-2006 at 3.5 percent. There has been sizable variation in the rate depending upon the time period analyzed. While there does not seem to be a consistent pattern in these inflation trends, RSG's selection of an inflation rate of three percent, as a general inflation rate in the fiscal model, appears to be reasonable n light of the fact that it is roughly in the mid -range of these estimates. Table 1-1 Persons Per Household and Housing Unit Trends: 1990-2007 Citv of La Quinta Change from 1990 AAGRZ Jurisdiction 1990 2000 2007 to 2007 1990-2007 CitV of La Quinta Population 11,212 23,049 41,052 29,840 7.9% Household Households' 3,931 8,232 14,425 10,494 7.9% Housing Units 6,426 11,514 20,176 13,750 7.0% Persons Per Household 2.85 2.80 2.85 Persons Per Housing Unit 1.74 2.00 2.03 1. FbUseholdsare defined as occupied ousingunits 2. Avei age Annual Growth Rate S)uroEs 8anley R Hoffman Assodates Ina U.S Bureau of Oansus 1990, 2000. Cblifornia Department of Fnanoe, 2007 Hoffman Associates October 11, 007 Doug Evan and John Falconer, City of La Quinta La Quinta Persons per Household/Housing Trends and CPI Index Page 3 Table 1-2 Historical Population, Housing, and Vacancy Rate City of La Quinta Date Household Population Households' Housing Units Persons Per Household Persons Per Housing Unit Vacancy Rate 1990 11,212 3,931 6,426 2.85 1.74 38.8% 1991 12,782 4,553 7,293 2.81 1.75 37.6% 1992 14,394 4,965 7,767 2.90 1.85 36.1% 1993 15,071 5,214 7,975 2.89 1.89 34.6% 1994 15,896 5,499 8,242 2.89 1.93 33.3% 1995 16,567 5,847 8,612 2.83 1.92 32.1% 1996 17,378 6,196 8,982 2.80 1.93 31.0% 1997 18,545 6,628 9,489 2.80 1.95 30.2% 1998 19,502 6,997 9,894 2.79 1.97 29.3% 1999 20,792 7,464 10,456 2.79 1.99 28.6% 2000 23,049 8,232 11,514 2.80 2.00 28.5% 2001 26,049 9,207 12,878 2.83 2.02 28.5% 2002 28,840 10,100 14,127 2.86 2.04 28.5% 2003 30,795 10,680 14,938 2.88 2.06 28.5% 2004 33,019 11,398 15,942 2.90 2.07 28.5% 2005 36,283 12,547 17,549 2.89 2.07 28.5% 2006 38,564 13,414 18,762 2.87 2.06 28.5% 2007 41,052 14,425 20,176 2.85 2.03 28.5% 1. Households are defined as occupied housing units Stanley R. Hoffman Associates Inc. U.S. Bureau of Census 1990, 2000. California Department of Finance, 2007 Hoffman Associates October I IJ2007 Doug Evaand John Falconer, City of La Quinta La QuintaPersons per Household/Housing Trends and CPI Index Page 4 Figure 1-1 Occupied and Total Person Per Household: 1990 - 2007 City of La Quinta .10- 90 70 285 _. - - -- - - 2.80 - - - __ - -- .2.85 50 - --- - _- - - -- - - - — .30_- 10 - -- - --- -- - - .90 - - — — - - 200-- - - - - - - 2.03 - 70 174 - - - - - - 14 * 4 4, oY 10 �6 �'1 4P . IVIP 1051 GQry10, lie 8e —�— Persons Per Fousehol d �F Fersons Per Housing Unit Figure 1-2 Vacancy Rate: 1990 - 2007 City of La Quinta 41.0% 39.0% 37.0 % 35.0 % 33.0% 31.0% 28.5°h 28.5° 29.0 27.0 25.0 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 tVacancy Rate Hoffman Associates October 11, 007 Doug Evan and John Falconer, City of La Quinta La Quinta Persons per Household/Housing Trends and CPI Index Page 5 Table 13 Inflation Growth Rate: 1970 - 2006 City of La Quinta Years AAGR 1970 - 2006 4.8% 1980 - 2006 3.6% 1990 - 2006 2.8% 2000 - 2006 3.5% 1. The CPI is defined as a statistical estimate of the level of prices of goods and services bought for consumption purposes by households. The change in the CPI is a measure of inflation, and can be used for indexation (or evaluation) of wages, salaries, pensions, or regulated or contracted prices. Sources: Stanley R. Hoffman Associates, Inc. Bureau of Labor Statistics W ikipedia Hoffman Associates October 11, 2007 Doug Eva and John Falconer, City of La Quinta La Quinta Persons per Household Housing Trends and CPI Index Page 6 Table 1-4 CPI Index: 1970 - 2006' Los Angeles, Riverside, Orange County - CA CPI Index Year Annual 1970 38.7 1971 40.1 1972 41.4 1973 43.7 1974 48.2 1975 53.3 1976 56.9 1977 60.8 1978 65.3 1979 72.3 1980 83.7 1981 91.9 1982 97.3 1983 99.1 1984 103.6 1985 108.4 1986 111.9 1987 116.7 1988 122.1 1989 128.3 1990 135.9 1991 141.4 1992 146.5 1993 150.3 1994 152.3 1995 154.6 1996 157.5 1997 160.0 1998 162.3 1999 166.1 2000 171.6 2001 177.3 2002 182.2 2003 187.0 2004 193.2 2005 201.8 2006 210.4 1. Not Seasonally Adjusted Base Year1982-1984 =100 Sources: Stanley R. Hoffman Associates, Inc. Bureau of Labor Statistics F.\_Jobs\La Qwhta Annex -Ave 58 FIR\HH_CPI Trends\La_Quinta_08_30_07.doc 1%moo'7 s5I SA DATE TO: [old 5 O FROM: SUBJECT: HOFFMAN I A i E 5 JOB No.: 11145 Memorandum 10, 2007 11661 San Vicente Boulevard Suite 306 Los Angeles, California 90049 310.820.2680, 310.820.8341 fax www.stanleyrhoffman.com Evans, Assistant City Manager, City of La Quinta Falconer, Finance Director, City of La Quinta el Johnson, Schlecht, Shevlin & Shoenberger k Spevacek, RSG Hoffman, Stanley R. Hoffman Associates, Inc. -d money investment account yield rates Introduction. The California pooled money investment account (PMIA) is managed by the State of California treasurer. The pooled money investment account has three primary sources of funds: the State general fund; special funds held by State agencies; and moneys deposited by cities, counties and other entities into the Local Agency Investment Fund (LAIF). At the end of June 2007, the PMIA portfolio totaled $65.64 billion. PMIA moneys can be invested only in the followingcategories: U.S. government securities, securities of federally -sponsored agencies, domestic corporate bonds, interest -bearing time deposits in California banks, savings and loan associations and credit unions, prime -rated commercial paper, repurchase and reverse repurchase agreements security loans, banker's acceptances, negotiable certificates of deposit and loans to various bor d funds. - www.treasurer.ca.gov Trends in F MIA Yields. Table 1-1 shows yields for the Pooled Money Investment Account over the past 30 years on a monthly basis. The average annual yields are shown in Table 1-2, and are charted in Figure 1-1. The yield has generally followed a downward trend, particularly since 1980, thou h it is currently at its highest point since 2001. Average annual average returns are presented in Figure 1-2. This shows that the longer the time period analyzed, the higher the average an ual yield. For example, the estimated yield for a 20-year period is 5.27 percent, while the yield for a 10-year period is 4.1 percent. Figure 1-3 compares the PMIA yield with annual inflation. While historically, the yield has generally been above the inflation rate, from 2002 to 2 05 the PMIA account did not keep up with inflation. Currently, the discount rate being discussed for the fiscal analysis has been 4.2 percent, which is on the lower side of the long-term yields. Given the 20-year annual average of 5.27 percent, I would like to suggest a discount ra e of 5.0 percent. Hoffman Associates October 11, 2007 Doug Evans and John Falconer, City of La Quinta Pooled money investment account yield rates Page 2 Table 1-1 PMIA Averaqe Monthly Effective Yields 1977-2007 (Percentage) Jan Feb 'Mar Aor May Jun Jul AugSet Oct Nov [Deco Annual 1977 5.77 5.66 5.66 5.65 5.76 5.85 5931 6.05 6091 639 661 673 601 1978 6.92 7.05 7.14 7.27 739 7.57 765 782 787 8.11 8.29 8.77 7.65 1979 8.78 8.90 8.82 9.08 905 9.22 920 953 926 981 1022 10.22 9.34 1980 10.98 11.25 1149 11.48 1202 11.80 1021 987 995 1006 1043 10.96 10.87 1981 10.99 11.69 11 13 11 48 1218 1144 1235 1284 12.06 12.40 11.89 11.48 11 83 1982 11.68 12.04 11 84 11 77 1227 11 99 12.24 11.91 11.15 11 11 1070 1040 1159 1983 1025 9.89 969 987 9.53 9.60 9.88 10.08 10.20 1018 1016 1023 996 1984 1031 1028 10.38 1059 10.84 11 12 11 36 11 56 11.60 11.68 11.47 11.02 11 02 1985 10.58 10.29 10.12 10.03 10.18 9.74 9.66 942 9.57 9481 949 9.37 9.83 1986 925 909 8.96 862 8.37 8.23 8.14 784 7.51 759 743 7.44 8.21 1987 737 716 7.21 704 7.29 729 7.46 7.56 7.71 7.83 8.12 8.07 751 1988 8.08 8.05 7.95 794 7.82 793 8.09 825 8.34 8.40 8.47 8.56 815 11989 8.70 8.77 8.87 899 923 920 9.06 883 8.80 8.77 8.69 8.65 8.88 1990 857 854 8.51 850 8 53 8.54 8.52 8.38 8.33 832 8.27 8.28 8.44 1991 816 800 778 767 7.37 7.17 7.10 7.07 6.86 6.72 659 6.32 7.23 1992 6.12 5.86 5.68 5.69 538 532 5.24 4.96 476 4.73 4.66 4.65 5.25 1993 468 4.65 4.62 4.61 4.43 4.55 444 4.47 443 4.38 4.37 4.38 4.50 1994 4.36 4.18 4.25 4.33 4.43 4.62 482 499 511 5.24 5.38 5.53 477 1995 561 5.78 593 5.96 601 6.00 5.97 5.91 583 578 581 5.75 5.86 1996 570 5.64 556 5.54 5501 5.55 5.59 5.57 560 560 560 557 5.58 1997 5.58 5.58 558 5.61 5.63 5.67 5.68 569 571 571 572 5.74 566 1998 5.74 5.72 5.68 567 567 5.67 565 565 5.64 5.56 549 5371 563 1999 5.27 521 514 512 5.09 5.10 5.18 523 527 539 5481 5.64 526 2000 5.76 5.82 585 601 6.19 6.35 6.44 6.51 650 652 6.54 6.54 6.25 2001 637 6 17 5.98 576 5.33 4.96 4.64 450 4.29 379 3.53 3.26 4.88 2002 3.07 2.97 2.86 285 274 269 2.71 2.59 2.60 249 2.30 2.20 2.67 2003 210 195 1.90 186 1.77 1.70 1.65 163 1.64 1.60 1.57 1.55 1.74 004 1.53 1.44 147 145 143 1.47 160 1.67 177 1.89 2.00 213 L65 2005 226 2371 2.54 2.72 2861 297 308 3.18 3.32 3.46 364 381 302 006 3.96 4041 4141 4311 4.561 4.701 4851 495 502 5.10 513 513 4.66 007 5.16 5.18 5.21 5.22 5251 5.25 5.26 522 Stanley R. Hoffman Associates, Inc. Hoffman Associates October 11, 2007 Doug Evans and John Falconer, City of La Quinta Pooled money investment account yield rates Page 3 Table 1-2 Annual Average PMIA yield Year Annual Average Year Annual Average 1977 6.01 % 1993 4.50% 1978 7.65% 1994 4.77% 1979 9.34% 1995 5.86% 1980 10.87% 1996 5.58% 1981 11.83% 1997 5.66% 1982 11.59% 1998 5.63% 1983 9.96% 1999 5.26% 1984 11.02% 2000 6.25% 1985 9.83% 2001 4.88% 1986 8.21 % 2002 2.67% 1987 7.51 % 2003 1.74% 1988 8.15% 2004 1.65% 1989 8.88% 2005 3.02% 1990 8.44% 2006 4.66% 1991 7.23% 2007 5.22% 1992 5.25% Source: Stanley R. Hoffman Associates, Inc. Figure 1-1 Annual Average PMIA yield 14 00% 1 83% 1 12 00% 10.00% m 9 96% 8.88% m 0' 8.00% 6.25% ro 6 00% ° 7 51 % 5.86% 5,22% C 4 00% 5 26% ° 2 00% 1 65% 0 00% Year Source: Stanley R. Hoffman Associates, Inc. Hoffman Associates October 11, 2007 Doug Evans and John Falconer, City of La Quinta Pooled money investment account yield rates Page 4 .00% .00% .00% .00% Figure 1.2 Annual Average Yields for Different Time Periods 6.77% 5.27% 4.10% 3.26% Thirty Twenty Ten year Five Year Year Average Year Average Average Average Stanley R. Hoffman Associates, Inc. Table 1-3 PMIA Yield in Relation to Inflation Year Annual Average Yield Annual Inflation Year Annual Average Yield Annual Inflation 1977 6.0% 6.9% 1993 4.5% 2.6% 1978 7.7% 7.4% 1994 4.8% 1.3% 1979 9.3% 10.7% 1995 5.9% 1.5% 1980 10.9% 15.8% 1996 5.6% 1.9% 1981 11.8% 9.8% 1997 5.7% 1.6% 1982 11.6% 5.9% 1998 5.6% 1.4% 1983 10.0% 1.8% 1999 5.3% 2.3% 1984 11.0% 4.5% 2000 6.3% 3.3% 1985 9.8% 4.6% 2001 4.9% 3.3% 1986 8.2% 3.2% 2002 2.7% 2.8% 1987 7.5% 4.3% 2003 1.7% 2.6% 1988 8.2% 4.6% 2004 1.7% 3.3% 1989 8.9% 5.1 % 2005 3.0% 4.5% 1990 8.4% 5.9% 2006 4.7% 4.3% 1991 7.2% 4.0% 2007 5.2% 1992 5.3% 3.6% Source: Stanley R. Hoffman Associates, Inc. Hoffman Associates October 11, 007 Doug Evans and John Falconer, City of La Quinta Pooled money investment account yield rates Page 5 F:\—Jobs\La I Figure 1-3 PMIA Yield in Relation to Inflation tYleld 7 Inflation Year Stanley R. Hoffman Associates, Inc. Annex Ave 58 FIRIHH CPI PMIA TrendslLa Quinta PIMA 10 10 07.doc /0//&/07 �5b I JAMES M. SCHLECHT JOHN C. SHEVLIN JON A. SHOENBERGER DANIEL T. JOHNSON DAVID A. DARRIN ULRICH R. McNULTY KAREN R. GRAHAM CHRISTOFFER J. THOMSEN October 16'I, 2007 SCHLECHT, SHEVLIN & SHOENBERGER A LAW CORPORATION LAWYERS 801 EAST TAHQUITZ CANYON WAY, SUITE 100 PALM SPRINGS, CALIFORNIA 92262 MAILING ADDRESS P. O. BOX 2744 PALM SPRINGS, CALIFORNIA 92263-2744 City Council CITY OF LA QUINTA P. O. Box I1504 LaQuinta,.CA 92347-1504 RE. VISTA SANTA ROSA SPHERE OF INFLUENCE, STUDY SESSION ITEM NO. I Dear Mr. Mayor and Members of the Council: TELEPHONE (760) 320-7161 TELECOPIER (760) 323-1758 E-MAIL ssslaw@ssslaw.com IN REPLY REFER TO: 12171.16 This office) represents La Quinta Motorcoach Resort, Inc. This letter is to address certain issues which are to be considered with respect to Study Session Item No. 1. The Public Comment section of the Agenda recites members of the public may address the City Council on matters not listed on the Agenda. Although referenced in the Staff Report, my client's project and pending application are technically not on the Agenda. However, my client's pending pre -annexation development application, as with any other pre -annexation development application, will be affected, either directly or indirectly, by any action which may be taken by the City Council in adopting a fiscal model and/or in establishing a fee to correspond with the projected fiscal impact to the City from the annexation of a single family residential unit within the Vista Santa Rosa Sphere of Influence. The Staff lReport discusses certain methodology issues on which an agreement has not been reached between the City's financial consultant, RSG, and the financial consultants for certain property owners. The first issue relates to the question of the persons per household factor to be utilized inj projecting costs. A Memorandum dated October 10, 2006, was submitted by Stan Hoffman to Doug Evans and John Falconer to address this issue. The Memorandum discusses the persons per housing and persons per household trends from 1990 through 2007. The Memorandum reflects the City's existing vacancy rate of 28.5 % was effectively reached in 1999 SCHLECHT, SHEVLIN & SHOENBERGER A LAW CORPORATION LAWYERS City Council October 16, 2007 Page 2 and has been unchanged since that time. The Memorandum also reflects the person per household factor, computed at 2.03 persons per available housing unit, has not materially changed since 2001. As Isuch, it is submitted the appropriate factor to be utilized is the 2.04 persons per unit ratio as reflected in the Net Present Value Comparison Chart set forth at page 2 of the Staff Report. ' A second factor which has been debated is the appropriate net present value discount rate to be utilized in the analysis. This factor was addressed by a separate Memorandum dated October 10, 2007, as provided by Stan Hoffman to Doug Evans and John Falconer. The Memorandum discussed trends over the last 30 years in the California pooled money investment account (PMIA) yield rates, The Staff Report reflects RSG's fiscal analysis is prepared for a 30 year period. The Memorandum prepared by Mr. Hoffman reflects that in considering the annual average yields over different time periods, a higher yield is realized on average with a longer time period, e.g. 20 versus 10 years. By way of example, the 10 year average is computed at 4.10%, the 20 year average at 5.27%, and the 30 year average at 6.77%. With the Staff Report reflecting it is contemplated a fee per unit will be established, with the expectation that a one time advance fiscal mitigation !fee will be required of developers, it is submitted a discount rate of not lower than 5.25% be utilized. This alternative is reflected in the Net Present Value Comparison Chart set forth at page 2 of the Staff Report. As related to the contested methodology issues, the Staff Report discusses certain decision points which are to be considered. The report specifically outlines an alternative option to the use of the 2.04 persons per household factor. Discussing the impact of the seasonal population, it is suggested that a factor of 2.51 be considered. Based on the reasoning outlined below, it is submitted tie alternative factor of 2.51 is not reflective of costs and should not be utilized. This argument is premised on our understanding and assumption that RSG's original analysis and fiscal model allocated the City's historical costs amongst the full time permanent equivalent population. The resulting per capita costs, as utilized by the financial consultants in their respective analyses, accounted for the entire cost which has been realized by the City. To now consider an additional increment attributable to seasonal population would in effect result in the City seeking to recoup more costs than had been incurred. If it is now deemed appropriate to consider seasonal residents, then it would follow that RSG's original underlying analysis and allocation will need to be revised, with modified per capita cost numbers to be considered in the base analysis. Mr. Hoffman will provide a copy of his respective Memorandum for your review and reference. Mr. Hoffirian will also be available to respond to questions regarding either the Memoranda or other underlying methodology issues/assumptions, e.g. as to whether it is appropriate to provide SCHLECHT, SHEVLIN & SHOENBERGER A LAW CORPORATION LAWYERS City Council October 16, 2007 Page 3 for a five percent (5%) inflation factor for police, fire, and emergency services without also considering the prospect that historical data reflect that certain revenues are also increasing at a rate in excess of the three percent (3%) factor reflected in the Net Present Value Comparison Chart. Yobr consideration of the issues discussed above is appreciated. Very truly,yours, Daniel T..$ohnson for SCHLECOT, SHEVLIN & SHOENBERGER, ALC DTJ:gf REPORT/INFORMATIONAL ITEM: .1� MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING i A Regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA September 5, 2007 1 0:00'a.m. IV V CALL TO ORDER A. This regular meeting of the Architectural and Landscaping Review Committee was called to order at 10:08 a.m. by Planning Director Les Johnson. B. Committee Members present: Jason Arnold, Bill Bobbitt, and Ronald Fitzpatrick. C. Staff present: Assistant City Manager Doug Evans, Planning Director Les Johnson, Principal Planner Stan Sawa, and Executive Secretary Betty Sawyer. PUBLIC COMMENT: None. CONFIRMATION OF THE AGENDA: Confirmed CONSENT CALENDAR: A. Staff asked if there were any changes to the Minutes of August 1, 2007. There being no changes, it was moved and seconded by Committee Members Bobbitt/Fitzpatrick to approve the minutes as submitted. BUSINESS ITEMS: A. Review of Concept Site Plans for the SilverRock Clubhouse; a request of City's Redevelopment Agency for consideration of concept drawings for the SilverRock Clubhouse located at the southwest corner of Avenue 54 and Jefferson Street. Assistant City Manager Doug Evans presented the information contained in the staff report, a copy of which is on file in the Planning Department. Staff introduced Rob Jones, Golf Dimensions, who gave a presentation on the project. 2. Committee Member Bobbitt asked if the elevations had been completed. Staff stated the process so far has been not to a 2.6 - Architecture and Landscaping Review Committee September 5, 2007 concentrate on elevations, but rather functionality. The architect has been given direction on what the Agency would like to see in the design. 3. Committee Member Bobbitt asked about the street drainage off of Jefferson Street. As to whether or not all the water would be retained on -site. Staff stated the second golf course will eventually be the capture point for both the first and second golf courses. Drainage issues will all be included in the lake design as well as the golf course design. 4. Committee Member Bobbitt asked how the new CVWD water ordinance will affect the new design. Staff stated the landscape architect, as well as the engineers have been reviewing the course design in light of the new regulations. HAS, the landscape architect, has a good record of managing water to meet the standard requirements. 5. Committee Member Bobbitt asked if the annual budget to maintain the golf course has been addressed. It looks good from a planning standpoint and at the starting phase, but if the maintenance budget isn't sufficient to keep it up, it will deteriorate over time. Staff stated Landmark Land, who is in charge of maintaining the site has been directly involved in the planning of the site and the budget. Mr. Jones explained that the problems that occurred at the first golf course as well as other public golf courses has been taken into consideration in this design. Hydrology is the biggest concern that is being addressed in designing the site. 6. Committee Member Bobbitt asked if there has been any outside public input into the design. Staff stated not to date. The site plan is set, land uses are set, and the locations will not change. The outside public input to date has come from those that are playing the current golf course and those comments have helped in this design. Mr. Jones stated they are reviewing the site globally by asking the design team to take into consideration the existing course and critic it as well. 7. Committee Member Bobbitt asked that on the islands the design should be more concave and not mounded to keep the water out of the street. 2 Architecture and Landscaping Review Committee September 5, 2007 8. Committee Member Fitzpatrick asked if the environmental studies have been done. Staff stated it has all been completed and explained the history of the project. 9. Committee Member Fitzpatrick asked what the next step will be. Staff stated they were looking for the Committee's comments on the concept drawings. The architectural drawings will be submitted in four phases to reach the final architectural drawings. Committee Member Fitzpatrick stated he was looking for a footprint of the building and would like to see that at the next presentation. 10. There being no further questions, it was moved and seconded by Committee Members Fitzpatrick/Bobbitt to adopt Minute Motion 2007-024 accepting the concept drawings for the SilverRock Clubhouse. Unanimously approved. B. Site Development Permit 2006-863; a request of Innovative Communities for consideration of the common area, model and front yard landscaping plans for Tract 34243, located on the north side of Avenue 58, approximately 1,000 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 Planning Department. Staff introduced Brad Foman, Innovative Communities, and Steve Shirrell, Landscape Development, who gave a presentation on the project. 2. Committee Member Fitzpatrick asked staff to explain the "no turf' option and whether it was mandatory. Staff stated the developer offered the option to have no turf in the front yard. However, the applicant is intending to plant all the front yards and staff is therefore requesting 10% of the homes not have turf. Committee Member Fitzpatrick asked what would happen if all the home buyers do not want the "no turf" option. Mr. Foman stated it is an option to the buyer. 3. Committee Member Bobbitt stated it could go either way; everyone will want it or no one wants it. If no one wants the .no turf" option they will still need to meet the CVWD requirements to make changes in other areas of the project. Committee Member Bobbitt asked that the Italian Cypress and Sycamore trees as well as any self -clinging vine be replaced with a different variety as they will not last over time. Mr. ® 271 3 Architecture and Landscaping Review Committee September 5, 2007 Shirrell stated it had already been substituted. Committee Member Bobbitt asked if the homeowners would be maintaining the landscaping. Mr. Foman stated yes, they would be. 4. Committee Member Fitzpatrick asked how a potential buyer would see an example of a "no turf" option. Mr. Foman stated they would have renderings available to show the design. 5. There being no further questions, it was moved and seconded by Committee Members Arnold/Bobbitt to adopt Minute Motion 2007-025 recommending approval of Site Development Permit 2006-863, as recommended by staff and amended: a. Condition No. 6: a "no turf" option rendering shall be shown to all prospective buyers. b. Condition added: The Italian Cypress and Sycamore trees as well as any self -clinging vine shall be replaced with a different variety. Unanimously approved. C. Site Development Permit 2007-893; a request of Mark Ladeda, Tally Ranch, Inc. for consideration of architecture and landscaping plans for an approximately 5,700 square foot stable/barn structure located at the Tally Ranch, a 4.19 acre private residential equestrian property, located at 55-075 Monroe Street. 1. Planning Director Les Johnson presented the information contained in the staff report, a copy of which is on file in the Planning Department. Staff introduced Paula Zigler and Mark Ladeda, representing the applicant, who gave a presentation on the project. 2. Committee Member Bobbitt asked if there were any view issues in regard to the barn. Mr. Ladeda stated no, as they are set back 1,200 feet from the street. 3. Committee Member Fitzpatrick asked if there would be any commercial uses. Ms. Zigler stated no, it is for her personal use. Committee Member Bobbitt asked if there would be any toilet facilities at the barn and any drainage concerns. Mr. Ladeda explained there would be a drainage system for the wash rack. ° 272 4 Architecture and Landscaping Review Committee September 5, 2007 4. There being no further questions, it was moved and seconded by Committee Members Bobbitt/Arnold to adopt Minute Motion 2007-026 recommending approval of Site Development Permit 2007-893, as recommended by staff. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None VII. COMMITTEE MEMBER ITEMS: A. Planning Director Les Johnson reviewed the CVWD changes to the water ordinance with the Committee Members. B. Planning Director Les Johnson informed the members that a special meeting of the Committee was being scheduled for September 191h for review of the Coachella Valley Housing Coalitions housing project landscaping plans. Vill. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Fitzpatrick/Bobbitt to adjourn this meeting of the Architectural and Landscaping Review Committee to a Special Meeting to be held on September 19, 2007. This meeting was adjourned at 11:41 p.m. on September 5, 2007. Respectfully_ submitted, B AWYER Q Executive 'Secretary 5 REPORT/INFORMATIONAL ITEM: 5L I MINUTES HISTORIC PRESERVATION COMMISSION MEETING A Regular meeting held in the East Conference Room at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA August 16, 2007 This meeting of the Historic Preservation Commission was called to order by Vice Chairperson Wright at 3:00 p.m. who asked for the roll call. CALL TO ORDER A. Roll Call. Present: Commissioners Sharp, Redmon, and Vice Chairman Wright Absent: Commissioner Puente and Chairman Wilbur Staff Present: Planning Director Les Johnson, Principal Planners Andy Mogensen and Stan Sawa, and Secretary Carolyn Walker II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: A. It was moved and seconded by Commissioners Sharp/Wright to approve the minutes of June 21, 2007, as submitted. Unanimously approved. V. BUSINESS ITEMS: A. Paleontological Resources Assessment of the Travertine Project, La Quinta, Riverside County, California Applicant: Hoffman Land Development Consultants: SWCA Environmental Consultants Location: Area roughly bounded by the extensions of Jefferson Street, Madison Street, Avenue 60 and Avenue 63. 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Planning Department. 274 PACAROLYMHist Pres Com\HPC 8-16-07.doc Historic Preservation Commission August 16, 2007 2. Commissioner Sharp asked if these would be tract or custom- built homes. 3. Mr. Jim Hildenbrand, 77852 Wildcat Drive, Palm Desert, CA 92211, representing Hoffman Land Development, introduced himself and said they would be more high -end homes. 4. Commissioner Sharp asked how many units would be built. Mr. Hildenbrand replied they are still in the planning process. He added the original Specific Plan provided for up to 2,300 units, a 500-room hotel, a tennis facility and ten acres of commercial. He said they are probably looking at one golf course, a very high -end residential component and a set -aside hotel/resort facility component. There will also be some additional minor land uses spread in between those sites in order to facilitate some other fractional time share uses within the hotel. 5. Commissioner Sharp asked if the project was going to be compatible with the Quarry. Mr. Hildenbrand said they will be trying for at least that level. They are adjacent to the Ministrelli property and are coordinating issues. Commissioner Sharp asked if Mr. Ministrelli's property was developed. Mr. Hildenbrand replied it was not. Staff said the Ministrelli piece is in final map review. 6. Commissioner Sharp asked the starting date of the project. Staff said the client had been through a lengthy process and addressed various issues to bring the project to finality. They are currently in the early process of reviewing their Specific Plan and land uses. The project will be scaled back from what the 1995 Specific Plan identified. Commissioner Sharp asked about population density and land use. Staff replied the project would be a less intensive project, but they are very early into the modification of their Specific Plan. Staff is encouraged that: 1) they have been able to work with Fish & Wildlife Service and the other entities to address habitat -related concerns; and 2) they've been able to secure the Bureau Of Reclamation crossing over the dike to Madison which is another significant hurdle. They are making progress and have hired a land use planning consultant firm to assist in the planning process. An amended Specific Plan should be completed by year end. 7. Commissioner Sharp said he• was encouraged by the number of replies received from the Native American groups. Staff replied that was actually a part of the Cultural (Archaeological) Rep%rt. 275 P:\CAROLYN\Hilt Pres Com\HPC 8-16-07.doc 2 Historic Preservation Commission August 16, 2007 8. Commissioner Sharp said the consultant did a great job on this report. 9. Vice Chairman Wright said he has been watching this project since 1995 and this is probably the most beautiful piece of property in La Quinta. It is rich in ancient human habitat, as far as the people who lived there three or 4,000 years ago. He is glad to see it finally get started. The reports are great and advised the client to follow-through and work with staff. 10. Mr. Hildenbrand said it has been a journey bringing this project forward and they are now starting on the fun part of seeing the vision coming forward. 11. Commissioner Sharp asked about a particular section of the map. It is noted as "Not a part" of the project. Mr. Hildenbrand said it belongs to an independent owner. They have been negotiating with the owner to purchase the property. 12. Commissioner Sharp asked about the access areas noted on the map. Mr. Hildenbrand said they were defined as study areas in order to address future roadways. They prepared those studies to make sure the offsite roadways were covered in the reports. They were also included to eliminate any roadway issues in the future. One is a grant from the Bureau of Land Management and the other is a license agreement to cross the dike as well as rights -of -easement from property owners around the access areas. 13. There being no further comments it was moved and seconded by Commissioners Wright/Sharp to approve Minute Motion 2007-006 accepting the Paleontological Resources Assessment as submitted. Unanimously approved. B. (1) Class III Cultural Resources Inventory and Evaluation Including Limited Subsurface Testing of Archaeological Site Ca-Riv-7394 for the Proposed Travertine Development Project (2) Phase I Report on Vineyards Within Section 33 of the Proposed Travertine Development Project Applicant: Travertine Corporation Consultants: SWCA Environmental Consultants Location: Area roughly bounded by the extensions of Jefferson Street, Madison Street, Avenue 60 and Avenue 63. ` 27nO P:\CAROLYN\Hist Pres Com\HPC 8-16-07.doc 3 Historic Preservation Commission August 16, 2007 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Planning Department. 2. Commissioner Redmon noted under Recommendations, Paragraph 3, if any artifacts are found they will be "...delivered to the City, unless the Native American tribes wish to have them, prior to issuance of first building permit for the property." She asked if the artifacts brought to the City are then put into use in the new museum or what is the intended use for those materials and what happens to them. Staff said this is a topic that could be more fully addressed in Commissioner Comments at a later date. The brief answer would be, depending on the find, staff would work with the City's museum manager to determine whether to display or archive the item. The new museum manager would make the decision. 3. Commissioner Redmon asked if it was the intent of the City to place some of these materials in the new museum. Staff said that is the intent, but the first concern is proper curation. There will then be a determination as to which items will be displayed. 4. Vice Chairman Wright said previous artifacts have been ,placed in storage with the Native American Tribes and U.C. Riverside. He expressed his pleasure at having such a nice place to curate these items. Vice Chairman Wright said there will be Native American monitors on almost all the new projects because of SB 18. 5. Commissioner Redmon asked what constituted the qualifications of the American Indian Monitor. Staff said the City conditions the project and the Native Americans decide who, and what, constitutes a qualified monitor. It is up to the Tribe who is involved in the project, to bring in the appropriate monitor. 6. Mr. Hildenbrand said he was working with William Contreras of the Torres Martinez Tribe to provide a Native American Monitor. 271 P:\CAROLYN\Hist Pres Com\HPC 8-16-07.doc 4 Historic Preservation Commission August 16, 2007 7. There being no further comments. It was moved and seconded by Commissioners Redmon/Sharp to adopt Minute Motion 2007-007 accepting the Class III Cultural Resources Inventory and the Phase I Report on Vineyards as submitted. Unanimously approved. C. Paleontological Evaluation Report and Mitigation Plan for a 3.4± Acre Site, Assessor's Parcel Number 770-020-012 Applicant: Dan Cline, Forward Architecture and Design Consultant: George L. Kennedy, Ph.D., Brian F. Smith & Associates Location: Northeast corner of Calle Tampico and Desert Club Drive 1. Principal Planner Andy Mogensen presented the information contained in the staff report, a copy of which is on file in the Planning Department. 2. Commissioner Sharp asked what was planned for this location. Tom Cole, representative for Highland Dev Co. 80 South Lake Street, Suite 660, Pasadena, California, replied it would be a retail shopping center. 3. Commissioner Sharp asked when they planned to begin working on the development. Mr. Cole said the plans were going to the Planning Commission in the next month or two and they hope to start breaking ground in the first quarter of 2008. 4. Commissioner Redmon said the report indicated previous mass grading. She asked if there were studies done during that grading and were they on file and available for the Commission to see. Staff said the record search indicated there may have been a previous survey, but it wasn't definitive on whether or not one was conducted. 5. Vice Chairman Wright said it was done prior to the formation of the Historic Preservation Commission. Staff concurred and said originally this was supposed to be the second phase of the existing office building next door. It was never constructed, but they did put in the utility lines and there is a transformer in the middle of the site. 6. Vice Chairman Wright said he looked forward to finally seeing something nice in that location. s P:\CAROLYN\Hist Pres COm\HPC 8-16-07.doc 5 Historic Preservation Commission August 16, 2007 7. There being no further comments, it was moved and seconded by Commissioners Sharp/Redmon to adopt Minute Motion 2007-008 accepting the Paleontological Evaluation Report and Mitigation Plan as submitted. Unanimously approved D. Phase I Cultural Resources Survey Report for a 3.4± Acre Site Assessor's Parcel Number 770-020-012 Applicant: Dan Cline, Forward Architecture and Design Consultant: CRM Tech (Clarence Bodmer, Daniel Ballester, and Laura Hensley Shaker). Location: Northeast corner of Calle Tampico and Desert Club Drive 1. Principal Planner Andy Mogensen presented the information contained in the staff report, a copy of which is on file in the Planning Department. 2. The Commissioners had no comments. 3. There being no further comments, it was moved and seconded by Commissioners Redmon/Sharp to adopt Minute Motion 2007-009 accepting the Phase I Cultural Resources Survey Report as submitted. Unanimously approved E. Updated Cultural Resources Report for St. Francis Church Parking Lot Applicant: Prest Vuksic Architects Consultant: CRM Tech (Michael Hogan, Ph.D.) Location: Washington Street, 500 feet south of Avenue 47 1. Principal Planner Andy Mogensen presented the information contained in the staff report, a copy of which is on file in the Planning Department. 2. Commissioner Sharp was concerned about the look of the project and asked if the parking lot would be asphalt. Staff said the actual paved surface will be where the current temporary parking lot is located. There will be a new driveway on the southern end across from Caleo Bay Drive. The actual upper part of the project will consist of a retention basin and potential future building pad. 273 P:\CAROLYN\Hist Pres Com\HPC 8-16-07.doc 6 Historic Preservation Commission August 16, 2007 3. Commissioner Sharp asked what was meant by "potential future building pad." Staff replied the applicant has not given them any definite plans for the site, but are keeping the area vacant for an undetermined future purpose. There has been quite a bit of historic activity at the site and those reports have been included in the packets. 4. Vice Chairman Wright said they found a lot of material at the Laing Luxury homes site. He commented on the capped site and the fact that it is being monitoring very closely. 5. Vice Chairman Wright said he was confused since he thought this was originally a 16-acre site. Staff said the acreage noted is for the entire site, including the existing church. 6. Staff said the current application is for a permanent parking lot and retention basin, but no buildings are included. The reason this matter was being brought before the Commission was the large amount of grading involved. 7. Vice Chairman Wright requested staff keep the Commission up- to-date on this project and anything new on the Laing property. Staff replied they would. 8. There being no further comments. It was moved and seconded by Commissioners Sharp/Redmon to adopt Minute Motion 2007-010 accepting the Updated Cultural Resources Report as submitted. Unanimously approved VI. CORRESPONDENCE AND WRITTEN MATERIAL: None VII. COMMISSIONER ITEMS: A. Comments on New Commissioner: 1. Vice Chairman Wright introduced Commissioner Redmon to the group and discussed the responsibilities of the Commission(ers). B. Comments on Museum: 1. Commissioner Redmon asked what the relationship was between the Historic Preservation Commission and the new museum. P:\CAROLYN\Hist Pres Com\HPC 8-16-07.doc 7 Historic Preservation Commission August 16, 2007 2. Vice Chairman Wright explained the Commission has been working with the City for many years on what was needed in the new museum. He asked staff to obtain a copy of the previous surveys for Commissioner Redmon's use. C. Comments on Meetings: 1. Staff advised the Commissioners they will be meeting monthly in order to work on the scheduled 2007-2008 Work Program. VIII. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Sharp/Redmon to adjourn this Regular Meeting of the Historic Preservation Commission to the next Regular Meeting to be held on September 20, 2007. This meeting of the Historic Preservation Commission was adjourned at 3:50 p.m. Unanimously approved. Submitted by: Carolyn alker Secretary <s . 2 a1 P:\CAROLYN\Hist Pres Com\HPC 8-16-07.doc 8 REPORT/INFORMATIONAL ITEM: 913 MINUTES . PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA September 11, 2007 7:00 P.M. I. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Alderson who asked Commissioner Engle to lead the flag salute. B. Present: Commissioners Katie Barrows, Rick Daniels, Jim Engle, Paul Quill, and Chairman Ed Alderson. C. Staff present: Planning Director Les Johnson, Assistant City Attorney Michael Houston, Principal Planner Andrew Mogensen, Consultant Planner Nicole Criste, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Alderson asked if there were any changes to the Minutes of August 28, 2007. Commissioner Quill asked that Page 5, Item 12 be corrected to state, "Commissioner Quill..." There being no further changes, it was moved and seconded by Commissioners Daniels/Barrows to approve the minutes as submitted. Unanimously approved. V. PUBLIC HEARINGS: A. Village Use Permit 2006-035; a request of Dan Cline, Forward Architecture and Design, Inc., for consideration of architecture and landscaping plans for three retail commercial buildings located on 3.39 acres at the northeast corner of Calle Tampico and Desert Club Drive. 1. Chairman Alderson opened the public hearing and asked for the staff report. Principal Planner Andrew Mogensen informed the Commission the applicant had requested a continuance to the next meeting. G:\WPDOCS\PC Minutes\2007\9-11-07.doe �•• 282 Planning Commission Minutes September 11, 2007 2. There being no discussion, it was moved and seconded by Commissioners Daniels/Barrows to continue Village Use Permit 2006-035 to September 25, 2006, as requested. Unanimously approved B. Zoning Code Amendment 2007-091 • a request of City, for consideration of an Amendment to the time periods allowed between lot line adjustments on the same parcel of land. 1. Chairman Alderson opened the public hearing and asked for the staff report. Consulting Planner Nicole Criste presented the information contained in the staff report, a copy of which is on file in the Planning Department 2. Chairman Alderson asked if there were any questions of staff. Commissioner Daniels asked why this Amendment will reduce the restriction on lot line adjustments from 12 months to six months. Commissioner Daniels asked if staff had reviewed the change with the Building Industry Association or any of the other building trade organizations. Staff stated they had not this was for their benefit. Commissioner Daniels asked that the Ordinance be sent to CELSOC for their review prior to being taken to the City Council. 3. There being no further questions of the staff, Chairman Alderson asked if there was any other public comment. There being no public comment, the public hearing was closed and open for Commission discussion. 4. There being no further discussion, it was moved and seconded by Commissioners Quill/Barrows to adopt Planning Commission Resolution 2007-038 recommending approval of Zoning Code Amendment 2007-091 as recommended and amended: ROLL CALL: AYES: Commissioners Barrows, Daniels, Engle, Quill, and Chairman Alderson. NOES: None. ABSTAIN: None. ABSENT: None. C. Zoning Code Amendment 2007-090, a request of City, for consideration of an Amendment to establish policies and standards for residential second units; allow apartments in the Medium Density Residential Zone; eliminate mini -storage facilities in all zones; and add language defining and describing Image Corridors in Special Purpose Districts. a, 283 2 Planning Commission Minutes September 11, 2007 Chairman Alderson opened the public hearing and asked for the staff report. Consulting Planner Nicole Criste presented the information contained in the staff report, a copy of which is on file in the Planning Department 2. Chairman Alderson asked if there were any questions of staff. Commissioner Quill asked if this Code Amendment would eliminate mini -storages. If so, what would happen if the City were to annex additional land, would the Code need to be changed again. Planning Director Les Johnson stated that should the City annex area in the City's Sphere of Influence, discussion should be held regarding what districts this use should be allowed in, at that time. Commissioner Quill asked if this change would prohibit the existing mini -storages from making any changes or alterations to their buildings. Staff stated yes. 3. Commissioner Daniels asked what staff based the statement on regarding "filling the need". Staff explained that the existing mini - storages in the City and neighboring cities still have vacant spaces. 4. Chairman Alderson asked staff what, if any, expansion could the current storage facilities be able to do. Staff stated they could continue to operate as they are currently, but they would not be able to intensify or expand on the current facility. Chairman Alderson asked if either of the storage facilities had the land capacity to expand. Staff stated they could go up, but with regard to lot coverage, they are maximized out, with the exception of the one on Adams Street that could remove the RV storage and expand into this area of their site with storage spaces. Chairman Alderson asked if this would violate any law if this were to prohibit them from expansion. Assistant City Attorney Michael Houston stated no property owner has a vested right without having a permit. 5. Commissioner Quill asked what options were available to the current storage facilities to allow them to expand. Staff stated the Amendment would prohibit them from making a significant change to their facility. Discussion followed regarding potential scenarios. 6. Commissioner Daniels asked if they would be prevented from replacing any area that is damaged from fire, etc. Staff stated a. 284 3 Planning Commission Minutes September 11, 2007 they would be allowed to replace damaged areas if the valuation of the damage was less than 50% of the valuation. Assistant City Attorney Michael Houston stated that if 50% or greater were damaged they would not be able to rebuild. 7. Commissioner Daniels stated he would like to see this section of the Amendment removed and at least notify the storage facilities that this is being proposed by the City. It could affect their financing ability if they are unable to rebuild. Staff stated the Commission Could delete this section or send a recommendation to the Council that this item be brought back at a later date after notification to the storage facilities. 8. Commissioner Barrows asked why staff was making this recommendation. Staff stated there are very few vacant parcels left in the City where this use could be built and it is staff's belief that this use is not of an economic benefit to the City. Commissioner Barrows stated that if they left the Code as it is currently, the use could be denied. Staff stated the findings for denial on a Site Development Permit could be difficult. 9. Commissioner Daniels asked if there was a better District for this use. Staff stated currently there is no Industrial Zone in the City with vacant land. Staff's concern is that they not be built along the Highway 111 corridor. 10. Commissioner Quill stated the property values along Highway 1 1 1 are such that it would be hard for a storage facility to financially build in this location. He asked how the Code could be amended to allow the existing facilities to continue or change over time as the market requires. Staff suggested that mini -storage facilities be conditionally permitted and all future mini -storage facilities would require a Conditional Use Permit which is a land use compatibility issue and findings for a denial can more easily be made if appropriate. The existing facilities would be allowed as they currently exist and if a change is needed they can apply for a conditional use permit. 11. There being no further questions of the staff, Chairman Alderson asked if there was any other public comment. There being no public comment, the public hearing was closed and open for Commission discussion. C! Planning Commission Minutes September 11, 2007 12. There being no further discussion, it was moved and seconded by Commissioners Daniels/Quill to adopt Planning Commission Resolution 2007-039 recommending approval of Zoning Code Amendment 2007-090 as recommended and amended: a. Change the designation on Attachment 2: Current "P" designation would be changed to a "C" for mini -storage facilities. ROLL CALL: AYES: Commissioners Barrows, Daniels, Engle, Quill, and Chairman Alderson. NOES: None. ABSTAIN: None. ABSENT: None. BUSINESS ITEMS: C. Finding of General Plan Conformity for 19 CVWD Capital Projects pursuant to California Government Code Section 65401 • a request of Coachella Valley Water District (CVWD) for various CVWD projects through the City. 1. Chairman Alderson asked for the staff report. Planning Director Les Johnson presented the information contained in the staff report, a copy of which is on file in the Planning Department. 2. Chairman Alderson asked if there were any questions of staff. Commissioner Daniels asked if this process had been done previously. Staff stated it has been done whenever CVWD has asked for it. 3. There being no further questions of the staff, Chairman Alderson asked if there was any other public comment. There being no public comment, the public participation portion was closed and open for Commission discussion. 4. There being no further discussion, it was moved and seconded by Commissioners Daniels/Barrows to adopt Minute Motion 2007- 015 confirming a finding of conformity with the General Plan for various Coachella Valley Water District capital improvement projects throughout the City. Unanimously approved. CORRESPONDENCE AND WRITTEN MATERIAL: None. 0' 28i) E Planning Commission Minutes September 11, 2007 COMMISSIONER ITEMS: A. Staff reviewed the new CVWD Landscape and Irrigation System Design Criteria. 1. Commissioners discussed the impact of the new CVWD Ordinance on golf courses, smart controllers, and whatever water conservation measures the City could consider expanding upon. Commissioners directed staff to continue working on water features and landscape options. B. Staff gave a review of the City Council meeting of September 4, 2007. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Daniels/Barrows to adjourn this regular meeting of the Planning Commission to a regular meeting to be held on September 25, 2007. This regular meeting was adjourned at 7:55 p.m. on September 11, 2007. Respectfully submitted, ABettYer, Executive Secretary City of La Quinta, California 91 287 51 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA September 25, 2007 7:00 P.M. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Alderson who asked Commissioner Quill to lead the flag salute. B. Present: Commissioners Katie Barrows, Jim Engle, Paul Quill, and Chairman Ed Alderson. C. Staff present: Assistant City Manager Doug Evans, Planning Director Les Johnson, Assistant City Attorney Michael Houston, Principal Planner Andrew Mogensen, Assistant Planner Eric Ceja, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: A. Staff requested the Agenda be amended to note that Public Hearing Item B would be considered and not continued. The Agenda was confirmed with the change. IV. CONSENT ITEMS: A. Chairman Alderson asked if there were any changes to the Minutes of September 11, 2007. There being no changes, it was moved and seconded by Commissioners Quill/Barrows to approve the minutes as submitted. Unanimously approved. V. PUBLIC HEARINGS: A. Village Use Permit 2006-035; a request of Dan Cline, Forward Architecture and Design, Inc., for consideration of architecture and landscaping plans for three retail commercial buildings located on 3.39 acres at the northeast corner of Calle Tampico and Desert Club Drive. G.. 288 G:\WPDOCS\PC Minutesk2007\9-25-07.doc Planning Commission Minutes September 25, 2007 1. Chairman Alderson opened the public hearing and asked for the staff report. Principal Planner Andrew Mogensen informed the Commission the applicant had requested a continuance to the next meeting. 2. There being no discussion, it was moved and seconded by Commissioners Barrows/Engle to continue Village Use Permit 2006-035 to October 9, 2006, as requested. Unanimously approved B. Site Development Permit 2007-893• a request of Mark Ladeda for consideration of architectural and landscaping plans for an approximately 5,700 square foot stable/barn structure located at the Tally Ranch, a 4.19-acre private residential equestrian property located at 55-075 Monroe Street. 1. Chairman Alderson opened the public hearing and asked for the staff report. Assistant Planner Eric Ceja presented the information contained in the staff report, a copy of which is on file in the Planning Department. 2. There being no questions of the staff, Chairman Alderson asked if the applicant would like to address the Commission. Ms. Paula Ziegler, the applicant, stated she was available to answer any questions. 3. Commissioner Engle asked if the colors on the elevation were true. Ms. Ziegler stated it would be more of a terra cotta color. 4. Commissioner Barrows asked if the windows were energy efficient. Ms. Ziegler stated there was a trellis along the entire length of the building, 5. Chairman Alderson asked about ventilation or air conditioning. Mr. Ladada, representing the applicant, stated there were openings in the roof as well as doors on either end for ventilation. 6. Commissioner Quill asked if the tack room/feed room would ever be converted to a casita. The applicant stated no. 7. There was no further public comment, the public hearing was closed and open for Commission discussion. 1 289, 2 Planning Commission Minutes September 25, 2007 8. There being no discussion, it was moved and seconded by Commissioners Barrows/ to adopt Planning Commission Resolution 2007-040 approving Site Development Permit 2007-893 as recommended. ROLL CALL: AYES: Commissioners Barrows, Engle, Quill, and Chairman Alderson. NOES: None. ABSTAIN: None. ABSENT: None. C. Tentative Tract Map 32848, Amendment No. 1; a request of Sarkis and Sevak Khatchadourian for consideration of a request to amend the tract map from 16 lots to 15 lots for the property located on the north side of Avenue 60 approximately 700 feet west of Madison Street. 1. Chairman Alderson opened the public hearing and asked for the staff report. Principal Planner Andrew Mogensen presented the information contained in the staff report, a copy of which is on file in the Planning Department 2. Chairman Alderson asked if there were any questions of staff. Commissioner Quill asked if the City required the changes in order for them to obtain their time extension. Staff stated the extension is to allow the applicant time to obtain the final map. The Amendment was in regard to the retention basin. 3. Chairman Alderson asked staff to explain how the retention basin would drain. Staff explained the drainage on the site plan. Chairman Alderson asked if the tract map to the east had their house plans sited on their tract. His concern is whether there were any two story units abutting one story houses. Staff stated they had not submitted any site development permit for the house units. 4. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Sarkis Khatchadourian gave a presentation on the project. 5. Commissioner Quill asked if the neighboring property owner had been contacted in regard to the project. Mr. Khatchadourian stated they had spoken to him. 6. Commissioner Barrows asked that the Palo Verde tree proposed be substituted with the native Palo Verde tree. 3 Planning Commission Minutes September 25, 2007 7. There being no further questions of the applicant, Chairman Alderson asked if there was any other public comment. There being no public comment, the public hearing was closed and open for Commission discussion. 8. There being no further discussion, it was moved and seconded by Commissioners Barrows/Quill to adopt Planning Commission Resolution 2007-041 recommending approval of Tentative Tract Map 32848, Amendment No. 1, as recommended. ROLL CALL: AYES: Commissioners Barrows, Engle, Quill, and Chairman Alderson. NOES: None. ABSTAIN: None. ABSENT: None. Chairman Alderson recessed the meeting at 7:28 p.m. and reconvened at 7:34 p.m. BUSINESS ITEMS: A. SilverRock Resort Clubhouse; a request of the City of La Quinta Redevelopment Agency for consideration of concept drawings for the SilverRock Resort Clubhouse located on the southwest corner of Jefferson Street and Avenue 54. 1. Chairman Alderson asked for the staff report. Assistant City Manager Doug Evans presented the information contained in the staff report, a copy of which is on file in the Planning Department. Staff introduced Mr. Robert Altevers, architect for the project, who gave a presentation on the SilverRock Resort Clubhouse design. 2. Chairman Alderson asked if there were any questions of staff. Commissioner Quill discussed the view from the Clubhouse site of the existing tees. 3. Chairman Alderson asked if this Clubhouse design would require the rerouting of any of the existing tees. Staff stated no. This is a conceptual plan and the lake is being evaluated from a budget perspective as well as water efficiency. Staff is having negotiations with CVWD in regard to the proposed plan. Staff knows what the limitations of turf will be and the design team believes they can meet the new requirements of the CVWD Landscape Ordinance. In regard to the lake, staff is still reviewing the possibilities to ensure the City's balance on the water criteiia 291 rd Planning Commission Minutes September 25, 2007 as well as the aesthetics. It will have less water than originally planned. 4. Commissioner Quill questioned the visibility of the pro -shop and starter points. Staff stated they has been considered and added into the design. Commissioner Quill stated his only concern is the new water efficiency requirements and the water features being proposed. Assistant City Manager Doug Evans stated HAS, the landscape architects, was selected as the landscape architect because one of the first issues they bought up was the water features in the design. The design team is optimistic they can meet the objectives. 5. Commissioner Barrows stated that when there are events taking place the pro -shop appears to be set off from the event area. Mr. Altever reviewed the site plan and explained it would visible from the event area. As a note, the pro -shop would be closed during most evening events. Commissioner Barrows asked about the energy and water efficiency elements that are being proposed and suggested they be part of the marketing. Mr. Altevers explained some the marketing plans. Discussion followed regarding the different levels of LEED certification and potential certification level the project could reach. Commissioner Barrows noted her concern regarding the amount of water proposed for the project. 6. Chairman Alderson questioned how the space in the Clubhouse is being allocated in respect to the banquet facility and the other areas. Is it economically feasible to dedicate this much space to a banquet area. Mr. Altevers explained the flexibility of the floor area is to accommodate different party sizes. He cannot speak to the revenues, but does know that banquets are a large revenue operation. Discussion followed regarding banquet operations. Chairman Alderson asked if the lake would be canal water and questioned the depth that would be needed for the affect desired. Staff explained there were several options available to the design team and they were evaluating all of them. 7. There being no further questions of the staff, Chairman Alderson asked if there was any other public comment. There being no public comment, the public participation portion was closed and open for Commission discussion. S. 292 5 Planning Commission Minutes September 25, 2007 8. There being no further discussion, it was moved and seconded by Commissioners Barrows/Quill to adopt Minute Motion 2007-016 recommending approval of the concept drawings for the SilverRock Resort Clubhouse with an encouragement for water and energy efficiency efforts. Unanimously approved. B. Site Development Permit 2007-857; a request of Coachella Valley Housing Coalition for consideration of landscaping plans for the Dune Palms Neighborhood Apartments and Community Center located at the northwest corner of Dune Palms Road and Avenue 48. 1 . Chairman Alderson asked for the staff report. Planning Director Les Johnson presented the information contained in the staff report, a copy of which is on file in the Planning Department. 2. Chairman Alderson asked how these plans relate to the new CVWD Landscape Ordinance. Staff stated the landscape architect is aware of the requirements and the project will be required to meet those requirements. 3. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Brian _ gave a presentation on the project. 4. There being no questions of the applicant, Chairman Alderson asked if there was any other public comment. There being no public comment, the public participation portion was closed and open for Commission discussion. 5. There being no further discussion, it was moved and seconded by Commissioners Barrows/Engle to adopt Minute Motion 2007-017 recommending approval of Site Development Permit 2007-857, as recommended. Unanimously approved. CORRESPONDENCE AND WRITTEN MATERIAL: None. COMMISSIONER ITEMS: A. Commissioner Engle informed the Commission about the Top of the Cove Cleanup Day on October 13, 2007. B. Chairman Alderson asked about the replacement of Commissioner Daniels. Staff explained it was under Council consideration at this tirie. 293 3 Planning Commission Minutes September 25, 2007 C. Staff informed the Commission of the joint meeting with the City Council and Architecture and Landscape Review Committee to be held on October 23, 2007. Staff will be working on agenda topics and would appreciate any suggestions from the Commission. C. Staff gave a review of the City Council meeting of September 18, 2007. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Quill/Barrows to adjourn this regular meeting of the Planning Commission to a regular meeting to be held on October 9, 2007. This regular meeting was adjourned at 8:44 p.m. on September 25, 2007. Respectfully submitted, Vaer, Executive Secretary City of La Quinta, California 294 VA DEPARTMENT REPORT: 3-A A 4 CITY k • UNCIUS a _ UPCOMING EVENTS OCTOBE,R 16 OCTOBER 23 NOVEMBER 6 NOVEMBER 20 DECEMBER 4 DECEMBER 18 JANUARY 2 JANUARY 15 CITY COUNCIL MEETING JOINT CITY COUNCIVCOMMISSION MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING' CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING 2y'j LA QUINTA CITY COUNCIL MONTHLY CALENDAR October 2007 Sunday.. 2 3 .. 4 5 .. 6 3:00 PM City Council 10:00 AM ALRC Meeting 'P 7 8 9 10 11 12 13 5.30 PM Community 7:00 PM Planning 9:00 AM RCTC. 11:00 AM CVCC-Sniff 2:00 PM Special RDA Services Commission Commission Henderson 12:00 PM Energyl Meeting 6:00 PM League- 4:30 PM Investment Environs Sniff Henderson Advisory Board 14 15 16 17 18 19 20 10:00 AM Pub.Sfty: Kirk 10:00 AM Homelessness 3:00 PM Historic Presen 9:00 AM CVA-Henderson 12:00 PM Transp: Kirk Cmte vation Commission 12:00 PM HCRC-Osborne 3:00 PM City Council Meeting 21 22 23 24 25 26 27 10:30 AM ROTC Budget - 5:00 PM Joint City 12:00 PM Sunline-Adolph 9:00 AM LAFCO. Henderson Council/Commission Henderson Meeting 7:00 PM Planning Commission 28 29 30 31 ',°''`.:`°'€`'` 6:00 PM Exec Cmte: Se tember November Adolph T W T F S S M T W T F S 1 2 3 4 5 6 7 8 IV 4 5 6 7 8 9 10 F2324 11 12 13 14 15 £°, 11 12 13 14 15 16 17 18 19 20 21 22€ 18 19 20 21 22 23 24 .3 125 26 27 28 29 i! 25 26 27 28 29 30 it § � 1 Printed by Calendar Creator Plus on 10/11/2007 ' 299 LA QUINTA CITY COUNCIL MONTHLY CALENDAR November 2007 In :Su day 1 Morday� �i Tuesday Wednesday Thursday Friday �saturda y 1 2 3 ,^, i.; October ;;'; g; December �',;�: i ti Hu PM Mayors Lunch 9:00 AM 4:00 PM SJSR :a S M T W T F S S M T W T F S '4 "1��J'' "_'. 6:30 PM Volunteer Police NtL Montt Henderson 1 2 3 4 5 6.; zr. 1 & Firefighters Dinner 7 8 9 10 11 12 13 2 3 4 5 6 7 14 15 t6 17 18 19 20 9 to 11 12 13 14 15 16 17 18 19 20 21 22 21 22 23 24 25 26 27 23 24 25 26 27 28 28 29 30 31 30 31 4 5 6 7 8 9 10 3:00 PM City Council 10:00 AM ALRC 9:30 AM Animal Campus Meeting Henderson 11:00 AM CVCC Sniff Daylight Savings Time 12:00 PM Energyl Ends Enviton: Sniff Election Day 11 12 13 14 15 16 17 3 00 PM Mtns. 7:00 PM Planning 9:00 AM RCTC- 3:00 PM Historic Preser. 9:00 AM CVA-Henderson Conversancy -Kirk Commission Henderson vation Comrrdssion i 6:00 PM League- 4:30 PM Investment Veterans Day Henderson Advisory Board 18 19 20 21 22 23 24 10:00 AM Puh.Sfty-Kirk 3:00 PM City Council 12:00 PM Transp-Kirk Meeting 5.30 PM Community Services Commission Thanksgiving Day Thanksgiving Holiday (City Hall CLOSED) (City Hall CLOSED) 25 26 27 28 29 30 10:30 AM RCTC Budget - 7:00 PM Planning 10:30 AM Homelessness Henderson Commission Committee 12:00 PM HCRC Meeting 4:00 PM J.Cochran Reg. Airp-Osborne Printed by Calendar Creator Plus on 10/11/2007 ® 297 LA QUINTA CITY COUNCIL MONTHLY CALENDAR December 2007 WednesdaySunday Mon''day� Tuesday '';Y„f InS I' r.:' ??,{ e 'rti §: •fi"FYn$I'�y)':i rS P Ifli t l.ti s :3F5 f< "3E�H�� k4r E fe�3£a'rtE`rt< , . `,� �..y�ye:,;!,, 's'€;k^x {q?'; a, apes ,•.F:y•:§.k 3'�y;�.'„ E6'i $'s 1, „z� ,.z43Y` •41r:a Ykv r,S 4a€•zed"::'i;, e [.fir Y.at •3'?tie'Y'`" 'br:''§'"�$'.:':::::,:: �' Ey£ .{". 'rFY¢Y;<�•{s?.: )r€5€t¢t¢t:Yk rtr£ke•; e��. �Ffi�3,$�"r'<,�•`' .. ;Y:r?e;:".' itf z:Yrt„€ I £2F,: i •';Flirt �i:lli ,e.E^' i143^5,, it i i i. �V f(y5 2 3 4 5 6 7 8 6:00 PM Exec. Crete` 3:00 PM City Council 10:00 AM ALRC 11:30 AM 1:30 PM I Adolph Meeting 12:00 PM Sur ine Holiday Open House Transit -Adolph 9 110 11 12 13 14 15 10:00 AM Pub. Sfty-Kirk 7:00 PM Planning 9:00 AM RCTC- 11:00 AM CVCC-Sniff 12:00 PM Transp-Kirk Coovdssion Henderson 12:00 PM Energyl 5:30 PM Community 4:30 PM Investment Environs Sniff Services Commission Advisory Board 6:00 PM League - Henderson 16 17 18 19 20 21 22 3:00 PM City Council 10:00 AM Homelessness 3:00 PM Historic Preser` 9:00 AM CVA-Henderson Meeting Code. vatlon Commission 12:00 PM HCRC-Osbarne 23 24 25 26 27 28 29 10:30 AM RCTC Budget - 7:00 PM Planning 9:00 AM LARD Henderson Commission Henderson Christmas Eve Christmas Day - CITY HALL CLOSED 30 31 fx 6:00 PM Exec Cmte: November 07 JT�W ary 0T 7 ',':'., `' 'T!`;i''';''i Adol h P S MNTe F S �,,�,,�,„i;''{{d; S M F S 1 2 3 <° "r 1 2 3 4 5 4 5 6 7 8 9 10 fi 7 8 9 10 11 12 , 11 12 13 14 15 16 17 ';r„$Cj 13 14 15 16 17 18 19 !') • , • . �.,' �; - ;: ;',t;?;,, 18 19 20 21 22 23 24 ,'', •F�?)r F; b, 20 21 22 23 24 25 26 New Years Eve <,,,:,, i'$.:� 25 26 27 28 29 30 ;," ;,,,q,€gi' 27 28 29 30 31 Printed by Calendar Creator Plus on 10/11/2007 �, 291 TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety _� n DATE: October 16, 2007 RE: Department Report — September, 2007 Attached please find statistical summaries for building permits, Animal Control, Code Compliance; and garage sale permits for September, 2007. Also included are summary reports for the Monthly Executive Status Reports for the City Hall Expansion, Vista Dunes Courtyard Homes and the Museum Expansion. The statistical surnmaries depict the following highlights: ■ Year-to-date building permit valuation is $130,299,552 which repre issuance of 2,554 building permits; • Animal Control handled 2,107 cases through September; ■ Code Compliance initiated 1,990 cases through September; ■ Garage sale permits generated $1,100 in revenue during September. s P.O. Box 1504 • L.x QuiN'rA, CALIFORNIA 92247-1504 78-495 CALIA TANIPICO • LA QUIVIA, CALIFORNIA 92253 (760) 777-7000 -FAX (760) 777-7101 an D9 WOR lO o OI O O O M O r aT m O ri m N O N N b N O O b I m I b b d ON m m N m .i ri N O O O m W O O l0 I W 1 N m O d b b 10 N r IO '1 r N Q m b m A O r IMINOO N I w 1 N W m W ow M d 1 22 E 1 O d d O O O O O N T N N O O 1.a I b N O O QI 01 r N r N N O O 01 W O w a N b I NNW d m W r m N r rl W 'i N rl N ON I 'J IMWN H M 'i N rl N N 10 M r4 O O� I w 1 d d O� r m 01 N r a 1 N O I ON 1 rl 0 w 1 H /� I W 1 I I W 1 w W I I E I ri N N O O ri b O ei T m O rl Q O1 d O N N ei N fl r 1 I I 1 I N I b N N O O rl b O ri N N O r M O d N r N r N �'I M 11 a I M '1 r rl N ri e'I I 1 PI I I I I I I I I 1 11 N 1 l0 O 1� T b O N N m r 1! 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CONSTRUCTION,, INC. c`�^rgr H4, Glenclora Beverly Hiils San Clemente La Quinta Las Vegas Monthly Executive Status Repo City of La Quinta City Hall Expansion Presented to the City of La Quinta: October 4, 2 For the Month of September, 2007 Past Month's Highlights/Key Activities - September, 2007 • Completed rough in: electrical, plumbing and HVAC in WA #4 and #6 • Completion (punch list) of WA's #1 and #2. • Install insulation, drywall and tape & mud in WA's #4, #.t5 and6 • Installed drywell in WA's outside Mayor's office • Installed perimeter swale for future south parking lot (eliminated water run off) Schedule Performance Project to Date: On time • Original 365 day turnover date: November 23, 2007 (Based on 3 week NTP allowance) • Current completion date: December 21, 2007 • Updated site work completion date: January 30, 2008 Bud et Performance Project to Date: Under Budget Total Awarded Contract Amount ,700,000 Contingency '500,000 Total Available Budget Contract Award plus Contingency) 10,200,000 Change Orders To Date 57 851,975 Contingency Used To Date 851,975 Current Cost Commitments (original bid + change orders ,551,975 Uncommitted Available Budget Remaining 648,025 Current Commitments as % of Total Available Budget 93.6% Safety Performance Project to Date • No claims due to injury or safety violations. (One half clay lost, due to medical ch ck-up) Upcomingoming Month's Priorities/Key Activities (October, 2007) • Install insulation, drywall, tape and mud in WA #5 • Set decorative tile around exterior of building • Install skylights in WA #5. • Paint and match the existing building with the expansion. • All FF&E's to be delivered and installed WA #1 and #2 364 11 00w""-, .,� (ONSTRUCTION, INC.75Ccnr,I.rx14 UtUf". C I D • 1I"N41 W, Glendora Beverly Hills San Clemente La Quinta Las Vegas oP Monthly Executive Status Report City of La Quinta Vista Dunes Courtyard Homes Presented to the City of La Quinta: October 4, 2007 For the Month of September, 2007 Past Month's Highlights/Key Activities (September, 2007) • No negative community related problems/issues reported. • Completed asphalt paving and median installation on Miles Avenue. • Completed Common Building foundation concrete (placed 9/4/07)and framing. • Placed sod and irrigation in park area North of project (completed 9/14/07). • Installed masonry walls around perimeter of project site and at park. • Began application of final base coat color on unit exteriors, completed Clusters 1- • Began interior painting in Cluster 1; Began installation of doors and cabinets in Clu . ter 1. • Rough fire protection installation complete Clusters 1-6 and in progress Clusters 7-8 • Rough mechanical and electrical complete Clusters 1-10 and underway in Cluster 1 1-12. • Roof installation complete in Clusters 1-11 and nearing completion in Cluster 12. • Began installation of framing for solar panels on Roofs in Clusters 1-2. • Completed window installation. • Lath installation complete in Clusters 1-7 and in progress Clusters 8-9. Stucco complete in Clusters 1-6 and underway in Clusters 7-8. • Insulation complete in Clusters 1-6 and nearing completion in Cluster 7. • Drywall installation nearing completion in Clusters 1-5 and underway in Clusters 6-7 Schedule Performance to Date • Original Completion Date: 9-5-07 • New Completion Date: 3-6-08 • Targeted occupancy timeframe: Spring, 2008 Budget Performance to Date Total Awarded Contract Amount 21,400,000 Contingency 2,500,000 Total Available Budget Contract Award plus Contingency) 23,900,000 Change Orders To Date 7 : 775,172 Contingency Used To Date: 775,172 Current Cost Commitments (original bid + change orders 22,175,172 Uncommitted Available Budget Remaining1,724,828 Current Commitments as % of Total Available Budget 92.8% Safety Performance To Date I First lost time accident and worker's compensation claim due to injury occurred: c worker slipped on water truck and broke two ribs. ntractor Upcoming Month's Priorities/Key Activities (October, 2007) • Continue to value engineer the building construction components and make to achieve LEED certification and Fair Housing Act approval. • Complete Miles Avenue Street Improvements, landscape new medians, stripir • Complete MEP rough -ins and begin drywall installation in Common Building. • Complete production insulation and drywall installation in units & continue fini! • Complete color coat of unit exteriors and begin accent color application. • Complete TPO roofing and continue solar panel framing installation. • Begin site final grading and landscaping. .J{ 30 7CONSTRUCTION, INC ;r1, guyor TK v�s�S Glendora Beverly Hills San Clemente La Quiata Las Vegas Monthly Executive Status Report City of La Quinta Museum Expansion Presented to the City of La Quinta: October 4, 2007 For the Month of September, 2007 Past Month'S Highlights/Key Activities (September, 2007) • Revised civil drawing signed and approved by La Quinta Public Works • Dry utility backfill and compact • Dry utility pods and pull boxes • Commence with the framing and rough ins Schedule Performance Project to Date Preliminary Schedule (approx. dates) calls for: • Contract award - 4103107 • Notice to proceed - 6/25/07 • Construction completion - 4/ 15/08 • Closeout - 5/ 15/08 Budget Performance Project to Date Contract Amount 500,000 Contingency 200,000 Total Available Budget Projected Contract plus Contingency)- ontin enc $2 700,000 Change Orders To Date 0 0 Contingency Used To Dafe 0 Current Cost Commitments (original bid + change orders 0 Uncommitted Available Budget Remaining 200,000 Current Commitments as % of Total Available Budget 92.6% Safety Performance Project To Date • No lost time or claims due to injuries or safety violations • No on -site accidents to date Upcoming Month (October, 2007) Priorities/Key Activities • Revised fire hydrant tie in location (priced) Procurement of wood doors and clad windows • Completion of framing • Inspection of all MEP rough -ins 6. 3Qv 11 .5� Qum& w y OF TKF TO: Honorable Mayor and Members of the City Council FROM: Edie Hylton, Community Services Director DATE: October 16, 2007 SUBJECT: Community Services Department Report for September 2007 UPCOMING EVENTS FOR THE MONTH OF NOVEMBER 2007: Nov 1 *Maxim Health Systems Flu Shots Nov 1 Jazzercise, La Quinta Fitness Center Nov 1 *Cook w/Chef Tony Nov 2 *Action Aerobics Nov 2 *Mindful Meditation Nov 4 Carlsbad Village Faire Excursion Nov 5 *Mat Pilates Nov 5 Dance, Play & Pretend, La Quinta High :school Nov 5 Baby Signs Parent Workshop, Senior Center Nov 5 Intermediate Computers, Senior Center Nov 5 Tai Kwon Do, La Quinta High School Nov 6 *Digital Photo Nov 6 Advanced Belly Dance, La Quinta High School Nov 6 Personal Fitness, Senior Center Nov 6 Adobe Elements Introductory Course, Senior Center Nov 7 *Tap Technique Nov 7 Microsoft Excel, Senior Center Nov 7 Adobe Photoshop Professional Version, Senior Center Nov 7 Painting Acrylic, Senior Center Nov 7 *Painting Acrylic Nov 8 *Cook w/Chef Tony Nov 8 *Tai Chi Health Nov 8 *Basic Internet Nov 8 *Photo Editing 1 Nov 8 Adobe Elements Advanced Course, Senior Center Nov 8 Nature Depot, Senior Center Nov 8 Dance, Play & Pretend, Senior Center Nov 8 Beginning Ballet, La Quinta High School Nov 8 Beginning Belly Dance, La Quinta High School 6 307 Nov 9 *Dinner & Show Nov 12 Personal Fitness, La Quinta Fitness Center Nov 12 Veteran's Day Tribute, Civic Center Campus Nov 13 *Hatha Yoga Nov 13 *Arthritis Tai Chi Nov 13 *Basic Computer Nov 13 *Photo Editing 3 Nov 14 *Jewelry Making Nov 14 *Self -Publishing Nov 15 *E-Mail Nov 15 *Photo Editing 4 Nov 15 *Thanksgiving Luncheon Nov 26 *Hooked on Loops Nov 27 *List & Labels Nov 27 Total Nutrition, La Quinta Library Nov 27 CPR/ First Aid, La Quinta Library Nov 27 *Microsoft Excel Nov 29 *Dress w/ Pizzazz Nov 29 Nature Depot, Senior Center Nov 29 *Social Ballroom & American Latin Nov 29 *Cook w/Chef Tony Nov 29 *Files & Folders *Daytime Senior Center class or activity e. Community Services Program Report for September 2007 2007 2006 2007 200 Participants I Participants variance Meetings Meetin gs Leisure Classes Zumba 20 0 20 12 0 Beginning Bell dance 15 19 -4 2 2 Ballroom Dancing 16 0 16 3 0 Adobe Photoshop Intro 5 5 0 3 3 Computers - Beg. 5 9 -4 2 3 Microsoft Word 9 5 4 21 3 Guitar - Beginning 8 9 -1 4 3 Tae Kwon Do 4 3 1 12 12 Beginning Ballet 3 12 79 3 3 Dance, Play & Pretend B 25 -17 3 6 Totals 93 87 6 46 35 2007 2006 2007 200� Participants Participants Variance Meetings Meetings Special Events Open Air Cinema - September 8 225 0 225 1 1 AI odones Excursion 38 49 -11 1 1 Golf Tour, Desert Willow 40 38 2 1 1 Golf Tour Awards Banquet 35 39 -4 1 1 Totals 338 126 212 4 4 2007 2006 2007 200J Participants Participants Variance Meetings Meetings Adult Sports Open Gym Basketball 117 153 -36 19 15 Fitness Center 375 145 230 19 15 Adult Soccer League 220 170 50 2 4 Totals 712 468 244 40 34 309 Community Services Department Attendance Report for the Month of September 2007 Summary Sheet Program 2007 2006 Variance Sessions Per Month 2007 2006 Leisure Classes 93 129 -36 46 47 Special Events 338 156 182 4 4 Adult Sports 712 468 244 40 34 Senior Center 827 749 78 73 85 Total 1,970 1,502 468 163 170 Senior Services Senior Center 296 334 -38 24 23 Total 296 334 -38 24 23 Sports User Groups La Quints Park Use AYSO 1200 1300 -100 14 8 F.C. La Quinta 15 15 0 8 7 Desert Chivas 60 0 60 2 0 Sports Complex LQ Sports & Youth 120 60 60 8 12 Pop Warner Football 160 0 160 12 0 C.V. Rattlers 25 0 25 6 0 Col. Paige School AYSO 450 0 450 8 0 Facility/Park Rentals Library Classroom 650 350 300 13 7 Senior Center Private Part 500 200 300 4 1 (Church) 375 350 25 5 5 Civic Center Private Part 0 0 0 0 0 Park Rentals La Quints Park 300 600 -300 5 10 Fritz Bums Park 0 100 -100 0 2 Total 3,855 2,975 880 85 52 Total Programs 6,1211 4,811 1,310 272 245 Volunteer Hours Senior Center 1 2471 299 -52 Total Volunteer Hours 1 2471 299 -52 a 310 Monthly Revenue Report for September 2007 Monthly Revenue - Facility Rentals 2007 2006 Variance Libra $ 630.00 $ 3,020.00 $ 2,390.00 Senior Center $ 3,230.00 $ 2,635.00 $ 595.00 Parks $ 280.00 $ 540.00 $ 260.00 Sports Fields $ 1,001.00 $ 305.00 $ 696.00 Monthly Facility Revenue $ 5,141.00 $ 6,600.00 $ 1,359.00 Monthly Revenue Senior Center $ 11,373.50 1 $ 9,975.001 $ 1,398.50 Community Services $ 11,881.00 $ 11,234.00 $ 647.00 La Quinta Resident Cards $ 1,275.00 $ 3,135.00 $ 1,860.00 Fitness Cards $ 825.00 $ 395.00 $ 430.00 Total Revenue $ 25,354.50 $ 24,739.00 $ 615.50 Revenue Year to Date Facility Revenue $ 19,453.00 $ 20,812.00 $ 1,359.00 Senior Center $ 15,818.00 $ 13,354.00 $ 2,464.00 Community Services $ 20,724.50 $ 13,587.03 $ 7,137.50 La Quinta Resident Cards $ 3,645.00 $ 7,155.00 $ 3,510.00 Fitness Cards $ 1,720.00 $ 1,235.00 $ 485.00 Total Revenue to Date $ 61,360.50 $ 56,143.00 $ 5,217.50 The Library multi -purpose room is no longer rented out effective Sept. 1, 2007. 4 311 Senior Center Attendance Senior Center Program Report for September 2007 Part I ation Participation Variance eetm s M m s 2007 06 7 006 Senior Activities ACBL Bride 165 159 6 4 4 Bridge, Duplicate/Social/PartyDuplicate/Social/Party 251 209 42 12 13 Monthly Birthday Party 35 25 10 1 1 Monthly Luncheon 91 81 10 1 1 Monthly Dance Welcome Back Dance 35 0 351 1 1 0 Movie Time 39 47 -81 4 4 Senior Activity Total 616 521 95 23 23 Senior Leisure Classes Ballroom Dance 23 17 6 4 4 Bridge Classes 17 0 17 2 0 Dress w/ Pizzazz 3 0 3 3 0 Exercise 41 3.5 6 11 1 12 Golden Tones 25 31 -61 3 3 Hooked on Loos 5 14 11 1 2 Pilates 16 0 16 7 0 Quilting 30 27 3 3 4 Sketch & Draw 6 5 1 2 2 Spanish Beginning 9 0 9 4 0 Tai Chi 6 26 -20 4 3 Ukulele Players 23 0 23 4 1 0 Watercolor 7 8 -1 2 2 Senior Leisure Classes Total 211 153 581 50 32 TOTAL SENIOR PROGRAMS 827 674 153 73 55 Senior Services Eisenhower Med Ctr - Brown Bag Pro 4 -7 -3 1 1 1 Health Screening - Skin Cancer 9 22 -13 1 1 FIND Food Distribution 135 186 -51 4 5 HICAP 6 8 -2 2 3 Homeowners/Renters Assistance 1 3 -2 1 2 I.I.D. Energy Assistance/No fee 75 41 34 13 3 Legal Consultation 5 13 -1 1 1 LIHEAP & EAP 15 19 -4 2 5 Mature Driver Training 19 13 11 1 1 Volunteers 27 25 2 n/a n/a TOTAL SENIOR SERVICES 296 325 -13 24 21 SENIOR CENTER TOTAL 11231 9991 1401 97 7s 'I 312 __ 2007 2006 Variance VolunteerHours__ _ Senior Center 247 299 -52 Volunteer Total: 247 299 -52 Revenue Senior Center Revenue $11,373.50 $9,975.00 $1,398.50 Revenue Total: $11,373.50 $9,975.00 $1,398.50 Sep-07 313 Park Activities Updates for September 2007 The Civic Center Campus was vandalized. The planter bowls that are located entrances by the Library and the Senior Center were removed from their p broken. Some graffiti was also found in the same areas. The Police Depart report on the incident and the landscape crew and Public Works staff r damage. The planters will be replaced as soon as possible. at the park lestals and tent filed a moved the The electrical meter for the Cove Oasis was damaged due to a vehicle runni g over the pedestal. IID is working to replace the meter and pedestal as soon as possible Until then, the landscape crews are watering the landscaping by hand. Staff has met with the artist of the "Fish Trap." This art piece is located at the entrance to the Cove Oasis and the Bear Creek Trail. The art is in need of restoration due to its age and vandalism. The artist was given the original conceptual renderings of the art piece and was asked to provide direction for restoration and improvements. Staff will coordinate the restoration of the art piece with the artist. The infield playing area on field #2 at the Sports Complex was washed out due to an irrigation break. The irrigation at the Sports Complex still remains the responsibility of Desert Sands Unified School District. They made the repairs immediately but the field remained unplayable. Staff contacted DSUSD Maintenance Department and t ey agreed that the infield is their responsibility and had it repaired several weeks later. Some wires for the field lights at the Sports Complex overheated and fus d together which caused the automatic controller to no longer function. The lights still operated but only by manually turning the lights on and off. The electrical contractor made the necessary repairs once the replacement parts were received. During that time the lights were turned on and off manually by the electrical contractor to meet the LQSY 's lighting needs. Installation for the Shade Structure at the La Quinta Park playground is being delayed at least another week because the support poles arrived as bare metal. The poles are now being powder coated and will be placed in the City maintenance yard until the installation crew can reschedule the installation. The installation should be completed in October. Twelve swings and twelve sets of chains have been ordered to replace worn swings throughout the parks. A resident reported a broken swing at Fritz Burns Park which was replaced immediately. At that time, staff inventoried the swings at all of the parks and identified the twelve that should be replaced due to wear. These twelve swirigs do not have any immediate problems but will be replaced as part of the continuing playground equipment maintenance. 314 Department Report: _ 7 T^n gam• �<�„� 4�� FMOFTt�p TO: The Honorable Mayor and Members of the City Council FROM: Les Johnson, Planning Director DATE: October 16, 2007 SUBJECT: Department Report for the Month of September 2007 Attached please find a copy of the Planning Department Report which outlines the current cases processed by staff for the month of September. 315 PAMonthly Report FoldeASEPTEMBER 2007.doc 1 H z Cw IL L Q w w 0 c� z E z Q J n. O a W H z w I— a w 0 r, O O N LU w o] LU W H a W 0 LU 0 G N a 0o m 0 a N C E w W ca o Q U (n y NC a) W 0 0 N a 0 a a N N a a a N� a 0 0 YC YYY.YYY.Y.YYY.Y. 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N N N N N N N N N N N N a.IL Q O 0 0 LO 00 N N O N Q W 0) Z F- DO J O QLL W Z LU a w Q F— U) c C m y c N t' N Y c W d} N w " c E a) E E a) E m () EN OL o WE LU yy CO Y 0)JQ O Ua 0 Q a) E cc cc CCN a Q Q E N m 'm m m = o F- w e O O o a E a > >>� z c m .` a) L C U +m m y C Q F- Q F- O) Y _ O O U 0 w (7 CC (n (n N F- > N N (n 7 a� Y m a c `m cu a� a Y (n 0 O a) m m Q N O O ui m O m O a a (a a) 'O m U C 0 C N 0 O 0 t 317 M DEPARTMENT REPORT: IV c&t,r 4 rwq" MEMORANDUM TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, Public Works Director/City Engineer DATE: October 8, 2007 SUBJECT: Public Works Department Report for September 2007 Attached please find the following: 1. Citizen Service Request Summary; 2. Encroachment Permit and Plan Check Services Summary; 3. Capital Improvement Plan Status Update; 4. Monthly Summary of Public Works Tasks. Timothy R. 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C m C 0 f0 m N Y N C (O ~ d d. C O C O N Va M .. �++ O. N y - �a+ N � C a+ N� 7 O N ` O C N L n. > � .d � N N O M N N 00 �, N m c a+ �e m a `p° m m I� p N � � O- w m O O M E .D () L f0 01 O 01 •N N� d `° m •� N W F F Y N W aEi �O C 9 � ) }' o ao CL ui 0 a a 32 rn c c C O O c O1 CO .0 m O. @ C U N p V O p N t 0 •� "O O vvi w O O N N N C O C N S O U LL U d 'C Y C f0 N0 o o O O LLOLLcoNO O CO O CO O dd:3 QOONmFym0�mH��Uc0a@. MONTHLY SUMMARY OF PUBLIC WORK TASKS MONTH OF: September, 2007 Employee's Hourly Labor Breakdown Crew#1 Crew #2 Crew #3 Maint. Mg. Code Activity 5 Men 4 Men 2 Men 1 Man I Total 1000 Policing/Inspection 44 89 0 81 141 1001 Pot Hole -Repair/Patching 0 6 0 0 6 1002 Crack/Joint-Repair 0 2 0 0 2 1003 Pavement Marking/Legends 0 3 0 1 4 1004 Pavement Marking/Striping 01 0 0 0 0 1005 Curb Painting 5 0 0 0 5 1006 Other Traffic Controls 10 30 0 3 43 1007 Curb & Gutter Repair/Const. 0 0 0 0 0 1008 Other Concrete Repairs/Const. 0 6 0 0 6 1009 Street Sign Install (New) 0 2 0 0 2 1010 Street Sign Repair/Maint 54 191 0 31 76 1011 Debris Removal 11 501 0 31 64 1012 Right of Way Maint. 2 201 46 01 68 1021 CLEAN Catch Basin Inlet/Outlet 5 341 0 01 39 1022 Rondo Channel Outlet/Vault 4 01 0 01 4 1022A Desert Club Outlet/Vault 0 01 0 0 0 1023 S.D./ D.W./C.B. Repair/Maint. 0 551 0 3 58 1024 Gutter/Median Sand Removal 0 71 3 0 10 1025 Street Sweeping (Machine) 138 01 0 0 138 1026 Street Sweeping (Hand) 0 01 0 0 0 1027 Sidewalk/Bike Path Cleaning 2 21 6 0 10 1028 Dust Control 0 01 0 01 0 1029 Flood Control 0 0 0 0 0 1031 Parks/Retention Basins Inspection/Clean-L 2 5 63 1 71 1041 Irrig/ Weeding, Shrubs & Tree Trimming 76 46 74 7 203 1051 Landscape/Irrigation Contract Managemer 0 0 32 16 48 1052 Lighting/Electrical Contract Management 0 0 0 18 18 1061 Small Tools Repair/Maint. 0 0 0 0 0 1062 Equipment Repair/Maint. 12 01 2 01 14 1063 Vehicle Repair Maint. 26 431 0 0 69 1081 Trash/Litter/Recycable Removal 0 10 12 0 22 1082 Vandalism Repairs 0 0 0 0 0 1083 Graffiti Removal 177 80 22 9 288 1084 Maint. Yard Building Maint. 24 12 0 1 37 1085 Seminars/Training 42 24 8 17 91 1086 Special Events 0 0 8 0 8 1087 Citizen Complaints/Requests 71 6 6 0 83 1088 Meeting 7 361 8 19 70 1089 Office (Phone, paper work, reports, Misc.) 16 211 6 43 86 SUBTOTAL 728 081 296 152 1784 1091 Over Time 0 0 1094 Jury Duty( 0 0 0 0 0 1095 Sick Leave 8 0 8 0 16 1096 Vacation 24 0 0 0 24 1097 Holiday 40 32 16 8 96 1098 Floating Holiday 0 0 0 0 0 1099 Worker Comp/ Bereavement 0 0 0 01 0 SUBTOTAL 72 32 24 8 136 TOTAL HOURS 800 6401 3201 1601 1920 TOTAL MILES 3284 37671 12431 1701 844 3?7 Department Report: LA' Ui TA P@LICE Served by the Riverside County 3hernTs Departterrt Police Department Monthly Report September -- 2007 Prepared for E 329 La Quinta Police Department SIGNIFICANT ACTIVITY REPORT Captain Colleen Walker Chief of Police (Number in parenthesis denotes number of calls for service that day.) 09/01 Saturday (59) 2040 hours - Deputy Trueblood investigated a hit a run traffic collision at Vista Grande X Jefferson. William Condoluci fled into the desert and his vehicle became disabled. Deputy Trueblood located Condoluci and took him into custody for DUI and leaving the scene of an accident. A passenger in Condoluci's vehicle, Timothy Condoluci, was arrested by Deputy Berry for being drunk in public. 09/02 Sunday (51) 1435 hours - Deputy Abrego responded to a report of a reckless driver at SRI 11 x La Quinta Drive where two drivers were reported to be in a physical altercation. Deputy Abrego was able to locate one of the subjects, Andrew Almanza, who said he had confronted another driver and confirmed they had gotten into a physical confrontation. The other driver was unidentified and Ahnanza did not want prosecution. 1715 hours - Deputy Abrego responded to Lake Cahuilla to investigate a report of indecent exposure. Maria Ramos was contacted after she exposed part of her buttocks to the lifeguard. Ramos was banned from the park. 1720 hours - Deputy Nieburger investigated a report of indecent exposure at Hwy 111. It was reported a female was at the location and not wearing pants. Marisa Rivera was located and arrested her for a felony warrant. Deputy Taylor had recently arrested Rivera after a similar call within the city. 1820 hours - Deputy Smith responded to the La Quinta Wal-Mart regarding a sexual assault of a minor. She contacted the victim, who said he was sexually assaulted while in the restroom. Investigations responded and took control of the case. 09/03 Monday (47) 0530 hours — Deputy Berry responded to the 53700 block of Avenida Obregon to investigate a report of sexual assault. The victim provided a description of the suspect, information related to a weapon used and told deputies the suspect was riding a black bicycle. Corporal Hughes and Deputy Glasper located a subject matching the description in the area near the victim's residence as well as a black bicycle. Deputy Russell also recovered a weapon that matched the description supplied by the victim. Investigators assigned to the Indio Sheriffs Station responded to the scene and identified Antonio Bustamante as the suspect in this case. Bustamante was arrested and transported to the Indio Jail where he was booked for rape. 0909 hours — Deputies Taylor and Reinbolz responded to an unattended death in the 47800 block of Endless Sky. A 74 year old female had passed away due to medical complications. No signs of trauma were located at the residence. 1330 hours — Deputy Abrego responded to the 51700 block of Avenida Alvarado to investigate a report of a burglary. Trinidad Vera had attempted to force his way into a vehicle parked at the location. At about 1400 hours, Deputy Abrego located Vera and placed him under arrest for burglary. Vera was transported to the Indio Jail and booked for burglary. 4. 329 1933 hours -Deputy Ramsey responded to a report of vandalism at Calle Tampico x Washington. Minors on bicycles were seen breaking large decorative planter pots near the Senior Center. Deputy Ramsey was unable to locate the minors. 09/04 Tuesdav (116 1400 hours — Deputy Gaunt, Indio arrested Eduardo Ramon II at the Wal-Mart parking lot for an arrest warrant stemming from a past hit and run traffic collision. 1540 hours — Deputy Gaunt arrested Chris Loredo at Highway 1 I 1 and Madison for an arrest warrant stemming from a past hit and run traffic collision. 1600 hours — Deputy Russell responded to Wal-Mart to investigate a report of child abuse. Although it was determined that the accusation was unfounded, the suspect, Christopher Townsend, was found to have an outstanding felony warrant for cocaine possession. Townsend was arrested and booked at the Indio Jail for the warrant. 1700 hours — Deputy Alexander (La Quinta SET) responded to a disturbance call in the 77800 block of Avenida Montezuma and arrested Mark Lemmermann for public intoxication. Lemmermann was booked into the Indio jail. 1750 hours — Deputies Stockham and Butvidas conducted a traffic stop at Eisenhower x Colima. Israel Garcia was found to have an active felony wan -ant for assault with a deadly weapon and a violation of court order warrant. Garcia was booked into the Indio Jail. 09/05 Wednesday (111) 1100 hours — Deputy Feldman responded to the 52600 block of Avenida Alvarado in reference a request to keep the peace. Scott Taylor Madigan became combative and was arrested for resisting arrest, assaulting peace officers and violation of probation. Madigan was transported to the Indio Jail and booked for the listed charges. 09/06 Thursdav (103 0715 hours — Deputy Lushia conducted a traffic stop of Mora Pelayo in front of La Quinta High School. Pelayo was arrested for a felony narcotic warrant and booked into the Indio jail. 0900 hours — A report was received stating that on Wednesday, 090507 at about 1500 hours, a male juvenile was returning home from Emilia Earhart Elementary School. Riding his bicycle home, he became aware of a vehicle slowly following him The juvenile noticed a mail carrier in the area and wisely made contact with the letter carrier for security. The vehicle immediately drove away from the area. 2020 Hours Deputy Bloomquist responded to the 44700 block of Via Alondra to investigate a report of a disturbance. Alfredo Rodriguez was arrested for public intoxication and was booked at the Indio jail. 09/07 Friday (89) 1340 hours — Deputies responded to Kohl's Department Store to investigate a report of a theft in progress. Deputies contacted Edgar Tapia, Ray Page and Jose Martine who were all arrested for Commercial Burglary. Page was also arrested for a felony burglary warrant and a felony narcotic warrant. All were booked into the Indio jail. 1428 hours — La Quinta High School campus resource officer, Deputy Speir was advised of a possible drowning in the school's pool. Deputy Speir responded and found school employees performing CPR on a male student. The student was transported by AMR to the hospital where he pronounced deceased. a. 330 ® 09/08 Saturday (51) 0050 hours- Deputy Maros conducted a traffic enforcement stop at Washington and Eisenhower. Morgan Mckee was arrested for DUI. McKee was transported and booked at the Indio Jail. 2206 hours - Deputy Bawdon responded to a report of a robbery at the Ralph's Market in La Quinta Cove. Three suspects entered the market and stole beer. An employee attempting to stop the suspects and was assaulted and received minor injuries. The suspect's vehicle was located in the 52400 block of Avenida Ramirez. Investigation led to the arrest of Christopher Cantu for robbery, possession of a concealed weapon and violation of parole. Adrian Velasquez and two juveniles were also arrested for robbery. Richard Morinwas arrested for drunk in public. All suspects were booked at the Indio jail and Juvenile Hall. 09/09 Sunday (54) 0250 hours - Deputy Smith responded to the 52400block of Avenida Ramirez regarding a public disturbance. Monica Acuna was arrested for assault on a peace officer and was booked into the Indio Jail. 0259 hours - Deputy Candelas responded to a fight in progress in the 52400 block of Ave. Ramirez. A 17- year-old juvenile was taken into custody for giving a false name to a peace officer. 0638 hours — Deputies Reynaga and Russell responded to Washington and Eisenhower in reference to a major injury traffic collision. One driver, Efrain Santos Sr., suffered a six-inch gash to the top of his head and two broken vertebra. He was transported to Desert Hospital and his injuries were not life threatening. The second driver, Jared Anthony Siva, was uninjured and arrested for driving under the influence of alcohol and causing great bodily harm. Siva was found to have a previous DUI conviction. He was booked at the Indio Jail for felony DUI with major injuries. 1122 hours — Deputy Ramsey responded to the 53800 block of Avenida Navarro to investigate a report of an individual under the influence of an illegal substance. Deonna Guerrero was found to be under the influence of Methamphetamine. Guerrero was transported to the Indio jail and booked. 1546 hours — Deputy Feldman conducted a pedestrian check at Jefferson and Vista Grande. John Christopher Hollis was found to have two misdemeanor warrants. Hollis was transported to the Indio jail and booked for the warrants. 09/10 Monday (79) No Significant Activity 09/11 Tuesday (69) 0930 hours — La Quinta SET Team deputies served a property related search warrant in the 68800 block of Concepcion Rd., Cathedral City. The search resulted from information gathered from past residential burglaries in La Quints. Rogelio Covarrubias was arrested for multiple counts of burglary, felon in possession of ammo, violation of probation, and committing a felony while out on bail. 1539 hours — Deputy Reynaga responded to the intersection of Avenue 52 and Madison Street regarding a traffic collision. Deputy Reynaga determined that a vehicle driven by Israel Galaviz made a left turn directly in front of a vehicle driven by Oscar Escalera. Both parties complained of pain, however, both declined medical attention. 2046 hours - Deputy I. White responded to Kohl's regarding a robbery. A Reserve Police Officer from the ® Indio Police Department (IPD) attempted to stop a shoplifter leaving the scene in a moving vehicle. The officer was dragged about 100 yards before falling onto the pavement where he was run over by the 2 331 vehicle. The officer sustained some scrapes and a possible broken arm IPD was notified and responded to the scene and assisted in looking for the suspect. 09/12 Wednesday (94) 0801 hours — Deputy Vanderhoof responded to a carjacking in the parking lot of the Stater Brothers Supermarket. The victim, Victor Everareo, told deputies he had just purchased his morning coffee and was walking back to his vehicle. As he did so, two subjects came up behind him, displayed a weapon and demanded his vehicle. Ramos surrendered his vehicle and called 911. 1545 hours — Deputy Gaunt conducted a vehicle stop at Dr. Carreon and Oasis in the city of Indio. The driver, Karla Pinedo, was found to have two outstanding felony warrants. Pinedo was transported to the Indio Jail and booked for the wan -ants. 1634 hours — La Quinta SET Team deputies conducted a traffic stop on Calle Tampico and Calle Quito. Kelley Gedney was found to be driving on a suspended license. An inventory search of the vehicle led to the seizure of a methamphetamine pipe as well as methamphetamine. Gedney was arrested and was booked into the Indio jail. 09/13 Thursdav (8 1950 hours- La Quinta SET Team Deputies conducted a traffic stop on Avenue 60 west of Monroe Street They arrested Mark Randall Ramirez for possession of methamphetamine and committing a felony while out on bail. Deputies also arrested Ruben Figueroa Tovar for being a felon in possession of ammunition and violation of probation. Ramirez and Tovar were booked into the Indio Jail. 2100 hours- Deputy Abrego investigated a report of a domestic disturbance that occurred in the 78600 block of Alden Court. Samuel Duran Garcia had assaulted his girlfriend and threatened to kill her. Deputies responded arrested Garcia without incident. Garcia was booked into the Indio Jail for misdemeanor domestic violence, criminal threats, and child endangerment. An EPO was obtained for the victim 2345 hours — La Quinta SET Team Deputies contacted Sierra Boettcher and Alejandro Zamarripa who were parked in the 81800 block of Daniel Drive. Deputies had been summoned to the address reference possible narcotic activity. Deputies arrested Boettcher for under the influence and Zamarripa for four misdemeanor warrants. Both Zamampa and Boettcher were booked into the Indio jail. 09/14 Fridav (91 0949 hours — Deputy Knight responded to Highway 111 and Dune Palms regarding a disturbance. William Mullen was extremely intoxicated and was subsequently arrested and booked for the same. 1952 hours - Deputy Smith responded to the La Quints Wal-Mart regarding a shoplifter in custody. Alicia Dominguez was arrested for burglary and child endangerment after she enlisted the assistance of her 13- year-old sister and 3-year-old son. Dominguez was booked into the Indio Jail. 2126 hours - Deputy Matos responded to the 48600 block of Via Melodia regarding a hit and run driver. He located and arrested Christopher Shannon for hit and run and driving under the influence. Shannon was booked into the Indio Jail. 2339 hours - Deputy Trueblood responded to JFK Hospital regarding an assault victim Santiago Rojales reported that he met with his estranged wife on Avenida Carranza. An unknown male got out of the wife's car and began arguing with Rojales. The male then swung an unknown object toward Rojales and cut his hand. Injuries were minor and Rojales said he would not recognize the suspect if he saw him again. C 332 09/15 Saturday(65) 0348 hours - Deputy Maros conducted a traffic stop on l r l x Washington and arrested Manuel Ochoa for three misdemeanor warrants. The warrants were for DUI, drunk in public, and traffic offenses. Ochoa was booked into the Indio Jail. 2142 hours - Deputies responded to a report of a hit and run accident in the area of Washington St. and Eisenhower Dr. The driver of the suspect vehicle was located and contacted by deputies in the 51400 block of Avenida Vallejo. Arrested for driving while intoxicated and hit and run was Vanessa Sikorski who was booked into the Indio jail. 09/16 Sunday (55) 2330 hours - Deputy Frederick contacted a suspicious vehicle at Miles r. Jefferson. Pedro Perez, Steven Santana and Josefina Vasquez were arrested for possession of vandalism tools and conspiracy to commit vandalism They had several cans of spray paint in their possession and were planning to tag the area with "PD" and "Beavo". An additional male was identified as "Ahnicar" (who tags "Ice"). All three were booked into the Indio Jail and the car was towed and stored. 09/17 Monday (75) 1420 hours — Deputy Alfaro conducted a pedestrian check at Monterey and Carranza and found Gary Ruiz to have a felony warrant for possession of Methamphetamine. Ruiz was booked into the Indio Jail. 1645 hours — SET Team deputies assisted Investigations in serving an arrest warrant for burglary in the 84700 block of Ave. 52, Coachella. The suspect, Juan Macias, is also considered a "Person of Interest" in a recent Assault at Kohl's Department Store. Macias was arrested for the felony burglary warrant and was booked into the Indio jail. Investigators are following up on the assault investigation. 2200 hours — SET Team deputies contacted Heather Laufer who was walldng on Ave. 50 near Madison St. Laufer was found to be in possession of methamphetamine. She was arrested and booked into Indio jail. 09/18 Tuesday (92) I I10 hours, La Quinta Police Traffic Services responded to a motor vehicle collision on SR 111 and Plaza La Quinta Drive. A vehicle driven by Ivonne Juarez, was traveling south on Plaza La Quinta Drive and collided with a vehicle driven by Cynthia Moroni who was traveling west on SR 111. Juarez was transported from the scene to Desert Regional Medical Center in critical condition. The collision reconstruction was assigned to Deputy Gaunt. 1144 hours — Dep. Burgie, Business District Deputy, responded to Wal-Mart to investigate a report of a suspect being detained for theft. Investigation led to the arrest of Juan Tafoya for Commercial Burglary. Tafoya also had a warrant for being under the influence. Tafoya was booked into the Indio jail. 1550 hours — SET Team deputies assisted La Quinta Code Enforcement with an abatement warrant in the 52200 block of Avenida Villa. During the investigation deputies contacted Pablo Cruz Rivera. Rivera provided a false name and was found to be on probation. He was arrested and booked into the Indio jail. 1700 hours — Corporal Northrup responded to Wal-Mart in reference to a shoplifter. Elizabeth Hanel was arrested for commercial burglary and was booked into the Indio Jail. 1740 hours- SET Team deputies conducted a traffic stop on Bermudas and Calle Monterey. Deputies found the driver, Brian P. Lund to be in possession of a loaded shotgun and in possession of a small amount ® of marijuana. Deputies located several spent casings from a 9mm handgun and learned Lund was a convicted felon. Lund was arrested and booked into the Indio jail for being a felon in possession of a I 333 loadedfirearm. At 2100 hours, SET Team deputies served a search warrant at Lund's residence in the 54400 block of Avenida Obregon, and located additional ammunition and a small amount of marijuana. 09/19 Wednesday (73) 0557 hours — Deputy Taylor responded to Adams Street and La Palma Drive to conduct an area check regarding several males acting strange. Deputy Taylor contacted Anthony Chavez and found him intoxicated. Chavez was arrested for public intoxication, and booked into the Indio Jail. 1100 hours — Deputy Amezcua was flagged down reference an attempt rape that occurred in the area of Avenida Herrera and Calle Chihuahua. Investigator Ward assumed the investigation. After being interviewed for over an hour the victim stated the incident never occurred. 09/20 Thursday (81) 1140 hours —Deputy Sasser responded to a report of a trespasser in the 45500 block of Desert Fox. A resident observed several subjects in the backyard of a neighboring address. Three suspects fled on foot. With the help of witnesses, deputies secured descriptions and initiated an investigation to locate and identify the suspects. One suspect was reported to have a head injury. Deputies located Dino Ortiz who required treatment for a head injury. Investigator Farwell took over the investigation. This burglary has a M.O. similar to the one that occurred recently on Galaxy. 1347 hours — Deputy Wiggs responded to a reported burglary/arson in the 46400 block of Roadrunner. The victims came home to discover their bedroom window broken by a rock and their house ransacked. A fire was started in the bathroom. Cal Fire responded and an arson investigator responded. Due to the similarities with this incident, the one on Desert Fox, and the one on Galaxy, I.D. came out to assist with evidence collection. AdIlL 1730 hours- A witness to the incident on Desert Fox came to Indio station and positively identified Dino Ortiz as being the person breaking into the house. 1930 hours — SET Team deputies and Indio Station Investigations served a property related search warrant in the 81300 block of Palm Meadow, Indio, in reference to several residential burglaries in La Quints and Indio. The resident, Dino Ortiz, had been arrested for burglary earlier in the day and was suspected to have stolen property inside the home. Deputies located items believed to be stolen from burglaries in La Quinta, and learned of information where additional stolen items taken in La Quinta, Indio, and Indian Wells burglaries may be hidden. 09/21 Fridav (64 0253 hours — SET Team deputies, assisted by members of Indio Police Department's SET Team, served a property related search warrant at "La Quinta Springs Apartments in the 46900 block of Jefferson St., Indio. The search warrant stemmed from several burglary investigations in the cities of La Quinta and Indio and led to the seizure of numerous items of property. Additional information was discovered as well. Richard Valenzuela was arrested for possession of stolen property, being a felon in possession of a weapon and burglary. 1100 hours- Indio Investigations, assisting La Quinta SET Team deputies, conducted a property related search warrant in the 81200 block of Fred Waring Dr., Indio, stemming from an active investigation into recent burglaries in the cities of La Quinta, Indio and Indian Wells. Ernesto Toffolla Acuna and his father Ernesto Acuna were arrested for being in possession of stolen property related to burglaries in La Quinta and Indio. 1615 hours — Deputy Vanderhoof responded to a `Check the Welfare' call in the50600 block of ® Eisenhower Dr. Brian Conley had not been heard from in several days. His vehicle was at the apartment complex. The apartment was locked but the stereo could be heard playing somewhat loud. His door was 3, 334 dead bolted from inside and entry was made by ladder through an unlocked second story window. Conley was found deceased. No signs of foul play were found. 2130 hours- Deputy R. Smith responded to a traffic collision in the parking lot of Del Taco, Washington Street and Highway 111. Enrique Valencia collided with a vehicle that was backing out of a parking space. Valencia attempted to flee the scene but was detained by witnesses until deputies arrived. He was arrested for driving under the influence and resisting arrest. Valencia was transported to JFK Hospital for medical clearance then booked into the Indio Jail. 2400 hours — SET Team deputies continuing their investigation into several residential burglaries in the cities of La Quinta, Indio, and Indian Wells, interviewed and then arrested Jonathan Saragosa for receiving stolen property, possession of marijuana for sale and possession of a weapon. 09/22 Saturday(70) 1525 hours, Deputy Wiggs responded to a shoplifter in custody at Wal-Mart. Deputy Wiggs learned that Fred Navarro and Rachelle Averette began selecting items and placing those items into a shopping basket. The suspects walked out of the store and were contacted by Loss Prevention. Navarro refused to stop and left Averette behind. She was taken into custody without incident. Averette was booked at Indio Jail for burglary. Charges will be filed on Navarro. 09/23 Sunday (55) 0022 hours- Deputy Trueblood observed a stolen vehicle traveling northbound on Washington Street. He attempted to conduct a traffic stop on the vehicle at Country Club Drive but the vehicle failed to yield and a pursuit ensued. The pursuit went onto westbound I-10. The vehicle exited on Palm Drive and continued north into the City of Desert Hot Springs. The vehicle blacked out and deputies lost visual of the vehicle in the area of Two Bunch Palms and Mesquite where the pursuit was discontinued. Desert Hot Springs police found the vehicle a short time later abandoned in the area of Pomelo Street and Terrace Way. Deputy Trueblood responded to that location and recovered the vehicle. 1300 hours — Deputy Taylor responded to a report of a suspicious person at Avenida Navarro and Montezuma. Mark Lemmerman was found to be highly intoxicated and was arrested and transported to the Indio Jail. 09/24 Monday (72) 1205 hours — Deputy Myers responded to Kohl's department store regarding a subject concealing items on his person. Prior to Deputy Myers's arrival, the subject left the location. Deputy Myers viewed surveillance video in an attempt to identify the subject. 1528 hours — Deputy Myers responded to Home Depot regarding a shoplifter in -custody. Deputy Myers contacted Keith Gunter who had stolen various tools, lubricants, and paint. Deputy Myers received a Consent to Search of Gunter's vehicle and recovered the stolen property. Gunter was booked into Indio Jail for commercial burglary. 1530 hours — Deputy Taylor conducted a vehicle stop at Ave. 52 and Jefferson. During a consensual search of the vehicle a double-edged dagger was located. The driver, Muiricio Jimenez, was arrested for possession of an illegal weapon. Jimenez was transported to the Indio Jail and booked. 2221 hours - Deputy Trower conducted a vehicle stop at Washington x 48th. The driver, Alfred Rodriguez, was arrested for DUI and booked into the Indio Jail. The car was towed and stored. 335 ® 09/25 Tuesday (82) 1530 hours — SET Team deputies arrested Jonathan Saragosa, , Richard Valenzoela, and Ernesto Toffolla Acuna for multiple counts of burglary and possession of stolen property. All three had bailed out of jail from an earlier arrest and came to the Indio Station to collect property seized during their previous arrest. Officers from Indio Police Department, assisting with this investigation, took custody of Jonathan Saragosa and booked him for possession of stolen property. 09/26 Wednesday (79) 1400 hours — Deputy Myers handled a burglary from Kohl's where he obtained suspect and suspect vehicle information. He located the suspect vehicle at Highway I I I and Simon in La Quinta. Deputy Myers stopped the vehicle and contacted Luis Ernesto Vega. Vega was driving without a license. Deputy Myers impounded the vehicle and asked Vega if he would voluntarily go with him to the Indio Sheriffs station so he could ask some questions regarding a case he was working. At the station, Vega immediately admitted to being the suspect in the Kohl's theft. Vega waived his rights under Miranda and admitted to burglary. He was booked for burglary, possession of burglary tools, and driving without a license. 09/27 Thursday (93) 0805 Hours — Deputies Covington and Iflera conducted a traffic enforcement stop on SR I I I and Washington St. During this traffic stop, Rodrigo was found to be in possession of Methamphetamines. He was transported to the Indio Jail and booked. 1330 hours- Business District Deputy Burgie responded to Wal-Mart regarding a report of a shoplifter in custody. Deputy Burgie arrested Janisa Neal for commercial burglary, theft with priors, and an outstanding warrant. Neal was booked into the Indio jail. 1550 hours — SET Team deputies and Indio Police Department officers served a property related search warrant in the 44700 block of Windsor St., Indio. The warrant is related to an on going investigation related to a Fox Tail residential burglary. Deputies recovered property stolen from another residential burglary on Zenith Way. The suspect, a 16 year old, was not present during the warrant. 1715 hours — Deputy Wiggs responded to a domestic disturbance in the 54800 block of Inverness. Chris Woessner was arrested and booked for public intoxication. 1750 hours- Business District Deputy Burgie responded to Wal-Mart to a report of a trespasser. Clayton Sedmock had methamphetamine in his possession and was transported to the Indio jail and booked. 09/28 Friday (110) 1500 hours- Business District Deputy Burgie responded to Wal-Mart in reference to a report of an unattended six month old locked in a vehicle. Deputy Burgie contacted the mother, Brenda Sanchez who told him that the baby had been in the vehicle for approximately fifteen minutes as Sanchez attempted to unlock the door. Sanchez gave permission to break a car window to unlock the vehicle. CDF arrived on scene and the baby was transported to the hospital for precautionary reasons. 1741 hours — SET Team deputies, following up on leads from a burglary investigation started on Thursday 09/20/2007, served three additional search warrants. Coachella CAT and Indio Police Department's SET Team assisted with the warrants. The first search warrant was served in the 46800 block of Jefferson Street, Indio. Deputies recovered stolen property believed to be related to burglaries in La Quinta and Indio. The second search warrant was served in the 46600 block of Carnation Street, Indio, and led to the seizure ® of (5) rifles, a 75 round banana clip, (9) handguns, (1) ballistic vest, 2 pounds 11.8 ounces of marijuana, 19 ecstasy pills, and other items believed to be stolen in recent burglaries in La Quints and Indio. Arrested at the Carnation Street address were Nickeles Harmon, (a suspected participant in the recent burglaries) and Kyle Harmon. Both were arrested for weapons, drugs and property related violations. The third search warrant was served in the 83900 block of Artemisa, Indio. Deputies did not find any stolen property at this location. 2330 hours- While investigating a vehicle theft in the 52200 block of Avenida Ramirez, Deputy Trueblood observed two male subjects banging on the front door to a nearby residence. When the males saw Deputy Trueblood, they fled on foot and were caught a short distance away. One of the subjects, Tyler Brooks, was arrested for public intoxication and the other subject, a 17 year -old juvenile, was released to his parents. Brooks was extremely uncooperative with deputies and was also charged with resisting arrest. He was booked at the Indio Jail. Once at the jail, Brooks continued to be uncooperative and attempted to assault jail staff. Jail personnel are filing an additional charge of resisting arrest for the incident inside the jail. 2333 hours- Deputy Bawdon responded to a suspicious vehicle at Avenue 48 and Adams Street. He arrested Mark Cota for driving under the influence. Cota was booked into the Indio Jail. 09/29 Saturday (54) 0135 hours- Deputy Trueblood responded to the JFK Emergency Room to investigate a report of an assault that occurred in La Quinta. Investigation revealed that the victim, Matthew Parent, had been at a party at an unknown residence in the La Quinta Cove. Parent had been assaulted by at least one male (possibly several) in the front yard. He was transported by a friend to JFK Hospital. Parent was treated and released form the hospital. Parent does not remember where the party was and his friend was too intoxicated to lead deputies to the residence at the time. 1028 hours — La Quinta deputies assisted Indian Wells deputies at a traffic collision that occurred at Highway 111 and Mountain View in Indian Wells. La Quinta deputies performed traffic control on westbound traffic at La Quinta Plaza Drive. Traffic became congested at Washington Street and deputies were needed to stand-by and assist with gridlock problems at both Washington and La Quinta Plaza. The roadway was fully opened up after one hour. 1450 hours — Indio Police stopped Efrain Boyzo at Highway 111 and Rubidoux in their city. They were aware that Deputy Reynaga was looking for Boyzo reference a past assault incident. Deputy Reynaga responded and contacted Boyzo who was arrested on a felony warrant for theft and a misdemeanor wan -ant for domestic violence. 1532 hours — Deputy Wiggs conducted a traffic stop at Washington and Avenue 48. Daniel Eisenacher was arrested for possession of drug paraphernalia. Eisenacher was cited and released. 2110 hours- Deputy R. Smith responded to a domestic battery in the area of Avenida Martinez and Calle Sinaloa. Investigation revealed that the suspect, Joseph Labadie, had an argument with his ex -girlfriend and physically assaulted her and threatened to kill her. Labadie was arrested for assault with a deadly weapon, domestic battery, and criminal threats and booked into the Indio Jail. 09/30 Sundav (5 0007 hours- Deputies Rodriguez and Adams responded to a robbery in the 78400 block of Highway 111. L Investigation revealed that a white male adult had jumped the counter and took money from an open cash register. He ran out of the store and entered a vehicle driven by a male adult with a white female adult passenger. There were no weapons used or seen and nobody was hurt during the incident. 0849 hours — Deputy Myers was westbound on Highway 111 near Dr. Carreon in the city of Indio when his patrol vehicle began picking up a Lojack signal. At about 0922 hours, Deputy Myers located the vehicle on a dirt road leading to the 80900 block of Avenue 50 in the city of Indio. The vehicle was unoccupied. A 337 ® search of the area for the suspects or witnesses failed to turn up any leads. The vehicle was released to the owner who reported the vehicle stolen during the night. 1030 hours — Deputy Russell responded to the Dune Palms Mobile Home Park regarding a domestic violence call. Deputy Russell contacted Francisco and Gladys Romero. Gladys claimed Francisco pushed her and desired prosecution. Francisco was arrested for domestic battery and booked into the Indio Jail. 2306 hours- Deputy Bloomquist responded to the 52000 block of Avenida Martinez in reference to a report of domestic violence. Matthew Mannebach was arrested and booked at the Indio Jail. Total Calls for Service: 2.278 11 338 11 Deputy Preze CITY OF LA QUINTA Business District Deputy Report September 2007 Summary of Activitv Type of Activity Number Business Management Contacts 50 Investigations 15 Training Classes Attended and Hours 1 / 8 Hours Suspects Arrested / Charged 10 SIGNIFICANT ACTIVITY 1. September marked my first month to serve as the Business District Deputy for the City of La Quints. I had the pleasure of attending the Mayor's Luncheon and the honor of meeting Mayor Adolph. 2. In the month of September I met and introduced myself to the management of twenty-five businesses along the HWY 111 business corridor. Many of these businesses have committed to continued participation in a crime prevention network designed to facilitate communication between businesses and to offer a means of alert when known thieves have been identified. 3. 1 assisted La Quints SET Team deputies in serving three search warrants resulting in multiple arrests, recovery of stolen weapons and stolen property as well as illegal narcotics. 4. Worked cooperatively with Indio Station Detectives to investigate a theft. I was able to develop information leading to the identification of numerous victims and the recovery of over five hundred dollars of merchandise. ® 5. 1 responded to a report of a commercial burglary in progress. Three suspects were arrested and . property valued at eleven hundred dollars was recovered. 6. Conducted a follow-up investigation of a battery that occurred at a business. A suspect was identified, an arrest warrant was issued and all findings were submitted to the District Attorneys Office. 2.11 339 11 11 Sgt. Mark Hoyt Deputy Tim White Deputy Ismael Celaya CITY OF LA QUINTA Special Enforcement Team September 2007 Corporal Ruben Perez Deputy David Alexander Deputy Damen Butvidas Sergeant Mark Hoyt Newly Appointed Supervisor of the La Quinta SET Team Summary of Activitv Type of Activity # of Incidents Type of Activity # of Incidents Programs 5 Weapons Recovered 19 Vehicle Checks/Stops 10 Arrest Warrants Served 4 Pedestrian Checks 14 Search Warrants 10 Follow-ups 18 Parole Searches 0 Citations Issued 2 Arrests/Filings 27 La Quinta SET Team Deputies conducted and coordinated operations during an extensive residential burglary investigation. Working in cooperation with investigators from the Indio Station of the Riverside County Sheriffs Department, SET Team Deputies accomplished the following: 1. SET Team personnel wrote and served eight search warrants and assisted with two other search warrants that were relevant to active cases related to the City of La Quinta. 2. Stolen property valued at several thousand dollars was recovered. Among the items recovered were: Electronic equipment such as televisions and computers, three stolen guns and sixteen additional guns --including an assault rifle. 3. Seven suspects were identified and arrested. 4. Eleven residential burglaries occurring in the City of La Quinta and the City of Indio were solved. 340 rc E 11 CITY OF LA QUINTA Traffic Services Team Report September 2007 Summary of Activitv Type of Activity umber of Incidents Seat Belt Violations 25 Child Seat Violations 13 Speeding Violations 65 Red Light Violations 16 Stop Sign Violations 28 Right -of -Way Violations 1 D.U.I. Arrests 0 Turning Violations 6 Lane Change Violations 3 Non -injury Traffic Collision 3 Injury Traffic Collision 2 Warnings Issued 28 Suspended Driver's License 18 Towed Vehicles 21 Misdemeanor Arrests 10 Non -Moving Violations 120 Felony Arrests 2 Calls for Service and Deputy Back -Up 23 Total Citations 196 E Deputy Kevin Moore La Quinta MS Franklin E.S. Truman ES Adams ES CITY OF LA QUINTA School Resource Officer Report September 2007 Summary of Activitv Type of Activity Number of Incidents Reports 6 Arrests 0 Traffic Stops 2 Business Checks 1 Bike Patrol 41.1 Miles Vehicle Checks 13 Follow-up 4 Pedestrian Checks 4 YAT Referral 6 District Attorney Filings 2 Citations 7 Located a 6-yr. old student who had walked away from campus. The child was medically checked and returned to his mother. I conducted three student presentations addressing topics such as: Consequences of criminal conduct; Stranger Danger; Gun Safety; Bicycle Safety; Leaving campus without permission. Filed battery charges against an 8th grade student after he made physical contact with a school custodian by intentionally bumping into him. Presented awards from the LQPD to four middle school students who had located a lost 6-yr. old Ben Franklin student. Acting on a tip received from a student, I found a middle school student in possession of marijuana. Charges against the suspect student will be filed with the District Attorney. I have conducted 19 school 'Bus Stop" checks and 5 Elementary School safety and security checks. Any security violations have been reported to the school principal and the D.S.U.S.D. Security Director. 342 11 Deputy Thomas Hendry Summit H.S. Paige MS Horizon O.S. CITY OF LA QUINTA School Resource Officer Report September 2007 Summa of Activi Type of Activity member of Incidents Reports 5 Arrests 3 Traffic Stops 1 Business Checks 3 Truant 1 Vehicle Checks 2 Pedestrian Checks 10 YAT Referral 2 Citations 0 Two students at Summit High School were arrested for assault with a deadly weapon. The two suspects had battered aother student resulting in severe facial injuries to the victim. Both juvenile suspects were booked into Indio Juvenile Hall. A parent of a Col. Mitchell Paige student was arrested for driving under the influence of alcohol. The parent arrived at the school to pick up his child and parked his vehicle in the cross walk in front of the school. I made contact with the parent regarding the parking violation and recognized that he was impaired due to alcohol. Per my request, a traffic officer arrived and conducted a "Field Sobriety Test' which confirmed my observation. The parent was arrested and booked in the Indio Jail where it was determined that the parent had a blood alcohol level of .30. A student at Col. Mitchell Pailse Middle School stole an "I -pod" and gave it to a student who was aware that it had been stolen. The "I -pod" was recovered and returned to the victim. Both suspect students were referred to YAT. 343 ❑I 11 Deputy Eric Speir La Quinta High School CITY OF LA QUINTA School Resource Officer Report September 2007 Summa of Activi Type of Activity umber of Incidents Criminal Reports 5 Non -Criminal Incidents 5 Arrests 0 District Attorney Filings 4 Y.A.T.. Referral 3 Vehicle Checks 0 Pedestrian Checks 7 Follow -Up 0 Truancy 11 1. 1 assisted with the investigation into the tragic drowning of a student in the school swimming pool. It appears that the drowning was accidental with no other associated factors being identified. 2. Two students were found to be in possession of knives on campus. Both students had charges filed with the District Attorney and one student was referred to YAT. One student was found to be in possession of an alcoholic beverage on campus. Charges were filed with the District Attorney and the student was referred to YAT. One student was transported to Mental Health for his own well-being and safety. One student involved fight was reported which involved minor injuries. A suspect was identified and was referred to YAT. 344 CITY OF LA QUINTA mmunity Programs Coordinator Report September 2007 Thomas Fowler Community Service Officer II Summary of Activity Type of Activily Number Crime Prevention Articles and Reports 5 Community Programs 2 Community Meetings Attended 2 C.P.T.E.D. Inspections 3 Neighborhood Watch Meetings 3 Patrol Duties 58 Hrs. Significant Activity 1. Participated in the multi -agency Labor Day holiday sobriety checkpoint and traffic safety program. 2. Coordinated the participation of police department personnel, POST 503 Explorers and LQPD Volunteers at two community wide events focused on the safety and well-being of children in our community. 3. Conducted crime prevention and "Community Oriented Policing" training for Deputies and Community Service Officers at the Palm Desert Station of the Riverside County Sheriffs Office. s (t CJ CITY OF LA QUINTA Community Service Officer Report September 2007 C.S.O. Monica Santillanes C.S.O. Thomas Fowler C.S.O. Lisa Land C.S.O. Brian Kristensen Summary of Activitv Type of Activi Number of Incidenis— Burglary Investigations 12 Grand Theft Reports 1 Petty Theft Reports 5 Vandalism/Malicious Mischief Reports 7 Traffic Collision Response 19 Vehicle Code or Parking Citations 77 Abandoned Vehicles Tagged/WarningTagged/Warning 13 Towed Vehicles 5 Lost or Found Property Reports 3 Stolen Vehicle Report 2 Custodial / Non -Custodial Transport 55 Miscellaneous Calls 38 S. 346 1] Danese Maldonado Volunteer Coordinator CITY OF LA QUINTA Citizens On Patrol Community Policing Office Monthly Volunteer Report September 2007 Meet Your Volunteers -- Mr. Monty Jordan Monte has been an active and productive member of the I-QPD volunteer program since March of 2004. Monte's wife, Ann, first became involved in the program and Monte found the activities interesting and soon joined her in serving their community. Monte has unselfishly donated more than 1,400 hours of volunteer service. Monte was first assigned to staff the desk at the LOPD Community Policing Office but soon realized he needed a little more activity. Reassigned to the Indio Station of the Riverside County Sheriffs Office, Monty now serves as a courier between Indio Station and Riverside making multiple trips each week and saving the LQPD time and expense. Monty is the only volunteer known to have a theme song: "On the Road Again". S mary of Activity Community Policing Office Number Citizens On Patrol Number Monthly Volunteer Hours 126 Community Events 2 Hours YTD 1,782 Business Checks 31 Hours 4/03 to Present 12,806 Traffic Control 1 CPO Monthly Visits 96 Courtesy Notifications 19 CPO YTD Visits 1,124 Miscellaneous Activity 5 CPO Visits 4/03 to Present 8,687 Neighborhood Patrol 13 Vacation Checks 25 Patrol Hours 33.5 YTD Patrol Hours 750 Hours 7/06to Present 1,176 0 347 E U CITY OF LA QUINTA Post 503 Explorer Report September 2007 Corporal Andy Gerrard Post 503 Explorers were invited to share in the grand opening activities for the North Palm Desert Stater Brothers market. Explorers Alexis Vazquez, Ryan Buonargio and Jose Campos led the Pledge of Allegiance during the ceremony. Also pictured is Deputy Andy Gerrard. SIGNIFICANT ACTIVITY Congratulations to the following Post 503 Explorers who have been promoted to new ranks: Jose Campos, Captain Marcos Coronet, Lieutenant Fernando Flores, Lieutenant Karla Flores, Sergeant Luz Martinez, Sergeant Ryan Buonarigo, Corporal Leonardo Serrato, Corporal September Training Topics Included: New member orientation, law enforcement ethics, physical conditioning, handcuffing and defensive tactics, marching and close order drill, uniform inspections and an introduction to the Riverside County Department of Corrections. Correctional Deputy Alejandro Barragan conducted the Department of Corrections presentation. Department Report: 11 LA Ul TA P@LICI Served by the Riverside Courr:g Sherirs Department Crime Statistics Summary August -- 2007 11 Prepared for 11 369 PART I: 8 9 10 11 12 13 TRAFFIC CITY OF LA QUINTA Crime Com arison — August YTD CRIME August August 2007 YTD 2006 2007 2006 AGGRAVATED ASSAULTS 3 2 39 33 BURGLARY 63 49 423 428 BURGLARY -VEHICLE 27 21 148 211 DOMESTIC VIOLENCE 12 9 88 93 HOMICIDE 0 1 1 1 NARCOTICS VIOLATIONS 27 19 196 143 ROBBERY 0 6 18 26 ROBBERY -CAR JACKING 0 0 2 1 SEX CRIME FELONY 4 2 21 18 SEX CRIME MISDEMEANOR 0 2 14 12 SIMPLE ASSAULTS 6 2 57 64 THEFT 69 70 548 719 VEHICLE THEFT 15 13 97 134 TRAFFIC CITATIONS 372 308 2515 2261 T/C NON -INJURY 37 54 476 444 DUI 10 12 110 101 T/C INJURY 5 11 58 83 T/C FATAL 1 Q_jl1 10 CITY OF LA QUINTA DISPATCH INFORMATION -- August 2007" TYPE OF CALL RESPONSE TIME MINUTES NUMBER OF INCIDENTS EMERGENCY 3.41 1 ROUTINE 10.13 1.242 " Data from Riverside Co. Sheriffs Department Data Warehouse, Average Response Time Report. El 359 E l; ; Crime Distribution Table Au -07 % of Total Au -06 % of Total 1 AGGRAVATED ASSAULTS 3 1.33% 2 0.97% 2 BURGLARY 63 27.88% 49 23.79% 3 BURGLARY - VEHICLE 27 11.95% 21 10.19% 4 DOMESTIC VIOLENCE 12 5.31% 9 4.37% 5 HOMICIDE 0 0.00% 1 0.49% 6 NARCOTICS VIOLATIONS 27 11.95% 19 9.22% 7 ROBBERY 0 0.00% 6 2.91% 8 ROBBERY - CAR JACKING 0 0.00% 0 0.00% 9 SEX CRIME FELONY 4 1.77% 2 0.97% 10 SEX CRIME MISDEMEANOR 0 0.00% 2 0.97% 11 SIMPLE ASSAULTS 6 2.65% 2 0.97% 12 THEFT 69 30.53% 70 33.98% 13 VEHICLE THEFT 15 6.64% 13 6.31% Total 226 98.67% 206 94.17% CITY OF LA QUINTA August 2007 Crime Distribution 80 69 70 b3- 60 50 40 27 27 30 20 10 0 0 0 0 0 Od m z rD�i, a rw rn M R 9 a z n 7ctz� an w zk X 3n>n mc zar.y m �n 6 0� K c �� y? �m z� nn zm m v a z 351 L Month to Month Crime Comparison - August 80 60 40 20 0 is August 2007 a August 2006 1513 03 mk x v,n z erz 3 �7e m 7vO Om a3 ra c< a na a ca- ra z rA _ n2 o �_ < m xa -e3 ena Ncn m z w mo �' z x Year to Date Crime Comparison - August ®YTD 2007 3 YTD 2006 11 ill ,II C �11 ' tll wn 7e enz 03 3 �a as aO �x o� a3 � x n xn r� mm yn m vm n Oa mx c•e --� n > > as C< r a r na n—] n O m am _ y n O v 3W2 Ic IE Month to Month Traffic Activity Comparison - August ® August 2007 v August 2006 400 308 300 200 100 10 12 5 11 1 0 0 TRAFFIC T/C NON -INJURY DUI TIC INJURY TIC FATAL CITATIONS Year to Date Traffic Activity Comparison - August =YTD2006 3000 2261 2000 1000--z76—q� 110 101 58 83 1 0 0 TRAFFIC TIC NON -INJURY DUI T/C INJURY TIC FATAL CITATIONS 3�"� LI Month to Month Calls for Service Comparison August 2007 © 07-Aug 2500 m 06-Aug 085 2000 1500 1-24� 12 1100 1000 73 ;t 500 0 Total Non- Criminal Criminal Year to Date Calls for Service Comparison 20000 -18524 18000 16660 16000 14000 12000 O YTD 2007 10723 10227 10000 m YTD 2006 7821 8000 6433 6000 4000 a 2000 0 Total Non -Criminal Criminal 11 354 COUNCIL/RDA MEETING DATE: October 16, 2007 ITEM TITLE: Public Hearing to Consider Adopting a Resolution of the City Council Approving Tentative Tract Map 32848, Amendment No. 1, to Amend the Tentative Tract Map from 16 lots to 15 lots -for the Property Located on the North Side of Avenue 60, Approximately 700 feet West of Madison Street. Applicant: Sarkis and Sevak Khatchadourian RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: PUBLIC HEARING: Adopt a Resolution of the City Council approving Tentative Tract Map 32848 Amendment No.1 from 16 lots to 15 lots, subject to the Findings and Conditions of Approval. FISCAL IMPLICATION None. CHARTER CITY IMPLICATIONS None. BACKGROUND AND OVERVIEW: The site is vacant and located on the north side of Avenue 60, approximately 700 feet west of Madison Street (Attachment 1). The property is zoned Low -Density Residential and is located with an Equestrian Overlay. The site lies between an existing single-family rural residence with a date farm and Tract Map 32201 (Choice Enterprises). Tract Map 32201 is a 24 lot project which was approved by the City Council on July 20, 2004, has recently been graded, but remains vacant and under construction. Across Avenue 60 to the south is Tentative Tract Map 355 33597, a 57 lot project known as Malaga Estates. To the north is vacant property along an unimproved right-of-way called Calle Conchita. The original tentative tract map was recommended for approval by the Planning Commission on November 23, 2004, and approved by the City Council on December 21, 2004 (Attachment 2). The original applicant, R.T. Hughes, later sold the property. The current applicant requested, and was granted, two time extensions for the tentative tract map. Due to hydrology issues with the originally approved tract map stemming from incorrectly identified contour intervals, the applicants were unable to final their existing tentative tract map. As a result, the applicants have amended the original tentative tract map in order to provide enhanced stormwater retention. The application for this Tentative Tract Map Amendment was submitted prior to the new General Plan development standards taking effect regarding tentative tract maps of less than ten acres in size for the southern portion of La Quinta and is therefore exempt from those provisions. Project Proposal The applicant is requesting approval of a Tentative Tract Map Amendment to subdivide ±4.3 acres into 15 single-family lots and miscellaneous lots for a privately gated development. This map differs from the original in that one residential lot adjacent to the main entry along Avenue 60 has been converted to stormwater retention, lot lines have been adjusted, and the rear retention basin has been enlarged in order to accommodate a 1,000 year flood event. The lots range in size from 10,000 to 10,057 square feet and are consistent with the adjacent projects to the east and south. Avenue 60 west of Madison Street is designated in the General Plan as a local street with a 60-foot right-of-way and one lane of traffic in each direction. Based on this roadway designation, the required landscape setback adjacent to Avenue 60 is ten feet. Frontage Lots "A" and "B" will feature 20 feet of landscaped open space, ten feet more than required in the General Plan, and will accommodate a meandering multi -purpose trail. Lots "D" and "F" would be used for storm and nuisance water retention and open space and comprise an area totaling 34,496 square feet in size. The front retention basin within Lot "F" is proposed to be landscaped and visible from Avenue 60. The applicants have submitted conceptual entry, wall, and landscaping plans with their Amended Tentative Tract Map (Attachment 3). In the design, the applicants have proposed a water -efficient and desert -appropriate landscaping palate, landscaped retention basins, and a greater landscaping setback with a meandering multi -purpose trail. The final landscaping design for this project will be approved with their Site Development Permit application, to be submitted at a later date. 356 Planning Commission Action The Planning Commission, at its September 25, 2007 meeting, recommended approval of the Amended Tentative Tract Map. The Planning Commission determined the project was acceptable and adopted Resolutions 2007-041 by a 4-0 vote, recommending approval of the request, subject to Conditions of Approval. The developer was available for questions at the public hearing but no one spoke on this item. The minutes of the September 25, 2007 Planning Commission meeting are included (Attachment 4). Public Notice This map application was advertised in The Desert Sun newspaper on October 5, 2007. All property owners within 500 feet of the site were mailed a copy of the Public Hearing notice as required by the La Quinta Municipal Code. Public Agency Review All written comments received are on file with the Planning Department. All applicable agency comments received have been made part of the Conditions of Approval for this case. FINDINGS AND ALTERNATIVES Findings necessary to approve the Amended Tentative Tract Map can be made and are contained in the attached Resolution. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving Tentative Tract Map 32848 Amendment No.1 from 16 into 15 residential lots, subject to the Findings and Conditions of Approval; or 2. Do not adopt the Resolution approving the project; or 3. Provide staff with alternative direction. Respectfully submitted, Planning Director 357 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Amended Tentative Tract 32848 Map Exhibits 2. Original Tentative Tract Map 32848 (1 1 "x17") 3. Conceptual Entry Design Exhibits 4. Excerpt from Planning Commission Minutes of September 25, 2007 6; 358 RESOLUTION 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVING OF AN AMENDMENT TO TENTATIVE TRACT MAP 32848 TO SUBDIVIDE ±4.3 ACRES INTO 15 SINGLE-FAMILY LOTS AND MISCELLANEOUS LOTS CASE NO.: TENTATIVE TRACT MAP 32848 AMENDMENT NO. 1 APPLICANTS: SARKIS AND SEVAK KHATCHADOURIAN WHEREAS, the City Council of the City of La Quinta, California, did, on the 16`h day of October 2007, hold a duly noticed Public Hearing to consider a request by Sarkis and Sevak Khatchadourian, to amend a ±4.3 acre tentative tract map into 15 single-family lots and miscellaneous lots, generally located on the north side of Avenue 60, approximately 700 feet west of Madison Street, more particularly described as follows: APN: 766-080-008 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 25`" day of September, 2007, hold a duly -noticed Public Hearing to consider a recommendation on Tentative Tract Map 32848 Amendment No. 1, and, after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 2007-041, recommending to the City Council approval of said Amended Tentative Tract 32848; and, WHEREAS, said Tentative Tract Map 32848 has complied with the requirements and rules to implement the California Environmental Quality Act (CEQA) of 1970, as amended (Resolution 83-63). The City Council previously certified Environmental Assessment 2004-523 on December 21, 2004 for Tentative Tract Map 32848. No changed circumstances or conditions exist which would trigger the preparation of a subsequent Environmental Impact Report or environmental review pursuant to Public Resources Code Section 21166; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings to approve said Amendment to Tentative Tract Map 32848: 1. The proposed Tract Map Amendment will be consistent with the City of La Quinta General Plan in that the property is designated Low Density Residential (LDR) which allows single-family residential uses. 61 3 5 ^ Resolution 2007- Amended Tentative Tract Map 32848 Sarkis Khatchadourian October 16, 2007 2. The design or improvement of the proposed subdivision will be consistent with the City of La Quinta General Plan in that all streets and improvements in the proposed project will conform to the General Plan policies and programs. Access for the land uses on the site will be provided from an existing street in the immediate area. The density and design for the tract will comply with the Land Use Element of the General Plan. 3. The City Council certified Environmental Assessment 2004-523 on December 21, 2004. The proposed Amendment to the Tentative Tract Map will result in a reduction of density by one lot and an increase in open space and stormwater retention capacity, therefore no changed circumstances or conditions exist which would trigger the preparation of a subsequent Environmental Impact Report or environmental review. 4. The design of the 'subdivision and type of improvements are not likely to cause serious public health problems in that the applicant will be conditioned to meet all applicable requirements of the City of La Quinta to provide a safe environment for the public. 5. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision in that there is an existing street that will provide direct access to the site. The required easements will provide access to the site or support necessary for infrastructure improvements and maintenance for the proposed project. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: That the above recitations are true and correct and constitute the findings of the City Council for this Tentative Tract Map Amendment. 2. That it does hereby approve Tentative Tract Map 32848 Amendment No. 1, 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 October, 2007, by the following vote, to wit: a, 360 Resolution 2007- Amended Tentative Tract Map 32848 Sarkis Khatchadourian October 16, 2007 AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 361 CITY COUNCIL RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP NO. 32848 AMENDMENT NO. 1 SARKIS KHATCHADOURIAN OCTOBER 16, 2007 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 Amended 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 amended tentative tract map shall expire two years after City Council approval, unless recorded or granted a time extension pursuant to the requirements of La Quinta Municipal Code 13.12.160 (Extensions of time for Tentative Maps). 3. This Amended 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. 4. 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, if required: • Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) • Planning Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) 3 362 CITY COUNCIL RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP NO. 32848 AMENDMENT NO. 1 SARKIS KHATCHADOURIAN OCTOBER 16, 2007 • California Water Quality Control Board (CWQCB) • South Coast Air Quality Management District 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; 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. 5. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. = 363 2 of 21 CITY COUNCIL RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP NO. 32848 AMENDMENT NO. 1 SARKIS KHATCHADOURIAN OCTOBER 16, 2007 D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (LQMC Section 8.70.020 (Definitions)►: 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 6. 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). 7. Approval of this Amended 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 8. 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. 3 of 21 364 CITY COUNCIL RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP NO. 32848 AMENDMENT NO. 1 SARKIS KHATCHADOURIAN OCTOBER 16, 2007 9. The applicant shall offer for dedication on the Final Map all public street rights - of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 10. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Avenue 60 (Local Street, 60' ROW►) — The standard 30 feet from the centerline of Avenue for a total 60-foot ultimate developed right of way. 11. The applicant shall retain for private use on the Final Map all private street rights -of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 12. The private street rights -of -way to be retained for private use required for this development include: A. PRIVATE STREETS 1) Private Residential Streets measured at gutter flow line to gutter flow line shall have a 36-foot travel width with parking allowed on both sides. B. CUL DE SACS 1) The cul de sac shall conform to the shape shown on the amended tentative map with a 38-foot curb radius at the bulb or larger as shown on the amended tentative map. 13. 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 4of 21 1 365 CITY COUNCIL RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP NO. 32848 AMENDMENT NO. 1 SARKIS KHATCHADOURIAN OCTOBER 16, 2007 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 14. When the City Engineer determines that access rights to the proposed street rights -of -way shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such rights -of -way, the applicant shall grant the necessary rights -of -way within 60 days of a written request by the City. 15. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. 16. The applicant shall create perimeter landscaping setbacks along all public rights - of -way to allow for a multi -purpose trail as follows: A. Avenue 60 with multi -purpose trail - 20-foot from the R/W-P/L. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., multi -purpose trails) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 17. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 18. Direct vehicular access to Avenue 60 from lots with frontage along Avenue 60 is restricted, except for those access points identified on the amended 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. 59of 21 ^ c C CITY COUNCIL RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP NO. 32848 AMENDMENT NO. 1 SARKIS KHATCHADOURIAN OCTOBER 16, 2007 19. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 20. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Amended Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 21. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development) for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 22. 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 60 (Local Road, 60' HIM: Widen the north side of the street along all frontage adjacent to the Amended 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 eighteen feet (18') north of the centerline. Other required improvements in the Avenue 60 right-of-way and/or adjacent landscape setback area include: 6 of z, 367 CITY COUNCIL RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP NO. 32848 AMENDMENT NO. 1 SARKIS KHATCHADOURIAN OCTOBER 16, 2007 a) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs, plus a single overhead street light at each street connecting to Avenue 60. b) Establish a benchmark in the Avenue 60 right of way and file a record of the benchmark with the County of Riverside. c) A 10-foot wide Multi -Purpose Trail. The applicant shall construct a multi -use trail per La Quinta Standard 260 along the Avenue 60 frontage within the landscaped setback. Multi -Purpose Trail boundaries shall be delineated by a 4- inch wide concrete border between the trail and adjacent landscaping. The location and design of the trail shall be approved by the City. A split rail fence shall be constructed along the roadway side of the multi -purpose trail in accordance with Section 9.140.060 (Item E, 3a) of the Zoning Ordinance. Bonding for the fence to be installed shall be posted prior to final map approval. At grade intersection crossings shall be of a medium and design and location as approved by the Engineering Department on the street improvement plan submittal. A maintenance easement dedication in favor of the City shall be offered for Multi -Purpose Trails. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). B. PRIVATE STREETS 1) Lot "C" - Construct full 36-foot wide travel width improvements within a 39-foot right-of-way where the residential streets are double loaded. 7Of21 3s8 CITY COUNCIL RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP NO. 32848 AMENDMENT NO. 1 SARKIS KHATCHADOURIAN OCTOBER 16, 2007 2) The location of driveways of corner lots shall not be located within the curb return and away from the intersection when possible. C. PRIVATE CUL DE SACS 1) Shall be constructed according to the lay -out shown on the amended tentative map with 38-foot curb radius or greater at the bulb similar to the layout shown on the rough grading plan. 23. 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 five feet width provided at the turn -around opening provided. 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. 24. 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: Local Street 4.5" a.c./6,0" c.a.b. Residential 3.0" a.c./4.5" c.a.b. or the approved equivalents of alternate materials. 8of21 �. 3Gg CITY COUNCIL RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP NO. 32848 AMENDMENT NO. 1 SARKIS KHATCHADOURIAN OCTOBER 16, 2007 25. 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. 26. General access points and turning movements of traffic are limited to the following: Primary Entry (Avenue 60): Full turn movements are permitted. 27. 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. FINAL MAPS 28. Prior to the City's approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map that were approved by the City's map checker on a storage media acceptable to the City Engineer. The Final Map shall be 1 " = 40' scale. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 29. 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 LQMC Section 13.24.040 (Improvement Plans). 30. 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. 3or 21 379 CITY COUNCIL RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP NO. 32848 AMENDMENT NO. 1 SARKIS KHATCHADOURIAN OCTOBER 16, 2007 Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan 1 " = 40' Horizontal B. PM 10 Plan 1 " = 40' Horizontal C. SWPPP 1" = 40' Horizontal NOTE: A through C to be submitted concurrently. D. Off -Site Street Improvement/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical E. Off -Site Signing & Striping Plan 1 " = 40' Horizontal The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. F. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical NOTE: D through F to be submitted concurrently. The following plans shall be submitted to the Building and Safety Department for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building and Safety Director in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. G. On -Site Residential Precise Grading Plan 1 " = 30' Horizontal 10 of 21 aR 371 CITY COUNCIL RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP NO. 32848 AMENDMENT NO. 1 SARKIS KHATCHADOURIAN OCTOBER 16, 2007 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. 31. 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.orq). Please navigate to the Public Works Department home page and look for the appropriate hyperlink under the Design Guidance Section. 32. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 33. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the mylars in order to reflect the as -built conditions. IMPROVEMENT SECURITY AGREEMENTS 34. Prior to approval of any Final Map, the applicant shall construct all on and off - site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 11 of 21 CITY COUNCIL RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP NO. 32848 AMENDMENT NO. 1 SARKIS KHATCHADOURIAN OCTOBER 16, 2007 35. 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 Amended Tentative Tract Map, shall comply with the provisions of LQMC Chapter 13.28 (Improvement Security). 36. 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. 37. 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. 38. 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. 3" 3 12 of 21 CITY COUNCIL RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP NO. 32848 AMENDMENT NO. 1 SARKIS KHATCHADOURIAN OCTOBER 16, 2007 GRADING 39. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 40. 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. 41. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls). All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 42. 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. 13 of 21 374 CITY COUNCIL RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP NO. 32848 AMENDMENT NO. 1 SARKIS KHATCHADOURIAN OCTOBER 16, 2007 43. 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. 44. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the amended tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 45. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus five tenths of a foot (0.5') from the elevations shown on the approved Amended Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 46. 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 with applicable compaction tests and over excavation documentation. 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 47. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin 14of21 7 t� CITY COUNCIL RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP NO. 32848 AMENDMENT NO. 1 SARKIS KHATCHADOURIAN OCTOBER 16, 2007 Design Requirements. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. 48. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 49. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise. 50. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 51. No fence or wall shall be constructed around any retention basin unless approved by the Planning Director and the City Engineer. 52. For on -site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin. 53. 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 LQMC Section 9.100.040(B)(7). 54. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 15 gf 21 376 CITY COUNCIL RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP NO. 32848 AMENDMENT NO. 1 SARKIS KHATCHADOURIAN OCTOBER 16, 2007 55. 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. 56. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 57. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 58. 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. 59. 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. 60. 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. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances. CONSTRUCTION 61. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in 16 ci 21 371 CITY COUNCIL RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP NO. 32848 AMENDMENT NO. 1 SARKIS KHATCHADOURIAN OCTOBER 16, 2007 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. LANDSCAPE AND IRRIGATION 62. The applicant shall comply with LOMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 63. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 64. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 65. Final landscaping and irrigation plans shall be prepared by a licensed landscape architect professional and shall be reviewed by the Architecture and Landscaping Review Committee and approved by the Planning Director prior to issuance of the first building permit. All landscape plans shall be drafted in coordination with the preliminary grading plans. An application for Final Landscape Plan Check shall be submitted to the Planning Department for final landscape plan review. Said plans shall include all landscaping associated with this project, including perimeter landscaping, and be in compliance with Chapter 8.13 (Water Efficient Landscaping) of the Municipal Code. The landscape and irrigation plans shall be approved by the Coachella Valley Water District and Riverside County Agriculture Commissioner prior to submittal of the final plans to the Planning Department. NOTE: Plans are not approved for construction until signed by the Planning Director. 66. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director and the Coachella Valley Water District. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 67. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of 21 17 oP378 CITY COUNCIL RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP NO. 32848 AMENDMENT NO. 1 SARKIS KHATCHADOURIAN OCTOBER 16, 2007 Highways and Streets, 51" Edition" or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. 68. Measures shall be taken to replace and repair any landscaping or irrigation equipment which is damaged. 69. Any ground -mounted mechanical equipment shall be screened by a wall, landscaping with significant foliage, or combination of the two, of a sufficient height and/or density to fully screen such equipment above its horizontal plane. 70. Any building -mounted mechanical equipment shall be fully screened from view by an architectural feature, wall, or parapet of sufficient height to fully screen such equipment above its horizontal plane. QUALITY ASSURANCE 71. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 72. 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. 73. 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. 74. 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 approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. However, if subsequent approved revisions have been approved by the City ,8of;, 37Q CITY COUNCIL RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP NO. 32848 AMENDMENT NO. 1 SARKIS KHATCHADOURIAN OCTOBER 16, 2007 Engineer and reflect said "As -Built' conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. MAINTENANCE 75. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 76. 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 77. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). 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. 78. The developer shall pay school mitigation fees based on their requirements. Fees shall be paid prior to building permit issuance by the City. 79. Amended Tentative Tract 32848 shall provide for parks through payment of an in -lieu fee, as specified in Chapter 13.48, LQMC. The in -lieu fee (sometimes referred to as the "Quimby Fee") shall be based on the fair market value of the land within the subdivision. Land value information shall be provided to the Planning Director, via land sale information, a current fair market value of land appraisal, or other information on land value within the subdivision. The Planning Director may consider any subdivider -provided or other land value information source for use in calculation of the parkland fee. 80. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). FIRE DEPARTMENT 81. For residential areas, approved standard fire hydrants, located at each 19 of 21 380 CITY COUNCIL RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP NO. 32848 AMENDMENT NO. 1 SARKIS KHATCHADOURIAN OCTOBER 16, 2007 intersection and spaced 330 feet apart with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1000 GPM for a 2- hour duration at 20 PSI. 82. For any buildings with public access i.e. recreational halls, clubhouses, etc. or buildings with a commercial use i.e. gate houses, maintenance sheds, etc. Super fire hydrants are to be placed no closer than 25 feet and not more than 165 feet from any portion of the first floor of said building following approved travel ways around the exterior of the building. Minimum fire flow for these areas would be 1500 GPM for a 2-hour duration at 20 PSI. 83. The water mains shall be designed to provide for potential fire flow of 2500 GPM and an actual fire flow available from any one hydrant connected to any given main of 1500 GPM and an actual fire flow available from any one hydrant connected to any given main of 1500 GPM for a 2-hour duration at 20 PSI residual operating pressure. 84. Blue dot retro-reflectors shall be placed in the street 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 85. City of La Quinta ordinance requires all buildings other than single family, 5,000 sq. ft. or larger to be full sprinkled, NFPA 13 Standard. If required, sprinkler plans will need to be submitted to the Fire Department. Area separation walls may not be used to reduce the need for sprinklers. 86. Any turn -around requires a minimum 38-foot turning radius. 87. All structures shall be accessible from an approved roadway to within 150 feet of all portions of the exterior of the first floor as measured by outside path of travel. 88. The minimum dimension for access roads and gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. 89. Any gate providing access from a public roadway to a private entry roadway shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one- way road with a single traffic lane provides access to a gate entrance, a 38-foot turning radius shall be used. 20Iff 21 331 CITY COUNCIL RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP NO. 32848 AMENDMENT NO. 1 SARKIS KHATCHADOURIAN OCTOBER 16, 2007 90. Gates may be automatic or manual and shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation. Automatic gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. Automatic gates shall be provided with backup power. 91. Roadways may not exceed 1320 feet without secondary access. This access may be restricted to emergency vehicles only however, public egress must be unrestricted. 92. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. Two sets of water plans are to be submitted to the Fire Department for approval. 93. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. 21 ofj21 382 ATTACHMENT 2 - �|�- ( H Q| .<AI i — ("nhi c co M w 2 z F- ' <b0�^ ��b W w LLI F >�� Qz� F- � i | ATTACHMENT 4 Planning Commission Minutes September 25, 2007 7. There w'Isno further public corr and open fo ommission discu public hearing was closed 8. There being no dimpus ir, it was moved and seconded by Commissioners Barr n�'Site ltadopt Planning Commission ResoZS:Commissioners ppDevelopment Permit 2007-893 as r ROLL CALBarrows, Engle, Quill, and Chairman : None. ABSTAIN: None. ABSENT: None. C. Tentative Tract Map 32848, Amendment No. 1; a request of Sarkis and Sevak Khatchadourian for consideration of a request to amend the tract map from 16 lots to 15 lots for the property located on the north side of Avenue 60 approximately 700 feet west of Madison Street. 1. Chairman Alderson opened the public hearing and asked for the staff report. Principal Planner Andrew Mogensen presented the information contained in the staff report, a copy of which is on file in the Planning Department 2. Chairman Alderson asked if there were any questions of staff. Commissioner Quill asked if the City required the changes in order for them to obtain their time extension. Staff stated the extension is to allow the applicant time to obtain the final map. The Amendment was in regard to provisions for the retention basin. 3. Chairman Alderson asked staff to explain how the retention basin would drain. Staff explained the drainage on the site plan. Chairman Alderson asked if the tract map to the east had their house plans sited on their tract. His concern is whether there were any two story units abutting one story houses. Staff stated they had not submitted any site development permit for the house units. 4. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Sarkis Khatchadourian gave a presentation on the project. 5. Commissioner Quill asked if the neighboring property owner had been contacted in regard to the project. Mr. Khatchadourian stated they had spoken to him. ll3 384 Planning Commission Minutes September 25, 2007 6. Commissioner Barrows asked that the Palo Verde tree proposed be substituted with the native Palo Verde tree. 7. There being no further questions of the applicant, Chairman Alderson asked if there was any other public comment. There being no public comment, the public hearing was closed and open for Commission discussion. 8. There being no further discussion, it was moved and seconded by Commissioners Barrows/Quill to adopt Planning Commission Resolution 2007-041 recommending approval of Tentative Tract Map 32848, Amendment No. 1, as recommended. ROLL CALL: AYES: Commissioners Barrows, Engle, Quill, and Chairman Alderson. NOES: None. ABSTAIN: None. ABSENT: None. Chairman Alderson recessed the meeting at 7:28 p.m. and reconvened at 7:34 p.m. BUSINESS ITEMS: A. SilverRock Resort Clubhouse; a request of the City Xof Quinta Redevelopment Ag cy for consideration of concept drfor the SilverRock Resort Clu house located on the southwest corfferson Streetand Avenue 54. 1. Chairman Alderso asked for the staff port. Assistant City Manager Doug Eva presented the i rmation contained in the staff report, a copy o which is on f' m the Planning Department. Staff introduced I R ert Altev s, architect for the project, who gave a presentation on t e Si!,v6rRock Resort Clubhouse design. 2. Chairman Alderson ed if t is Clubhouse design would require the rerouting of any the existi tees. Staff stated no. This is a conceptual pl and the lake being evaluated from a budget perspectiv s well as water efficiency. Staff is having negotiations with C D in regard to the proposed plan. Staff knows what the Z ions of turf will be and the design team believes they can meet w requirements of the CVWD Landscape Ordinance. In regard e lake, staff is still reviewing the possibilities to ensure the 14 385 r. _s CF`y OF T1'� COUNCIURDA MEETING DATE: October 16, 2007 ITEM TITLE: Public Hearing to Consider an Ordinance Amending Title 13, Subdivisions, to Amend Time Periods Allowed Between Lot Line Adjustments RECOMMENDATION AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Motion to take up Ordinance No. by title and number only and waive further reading. Motion to introduce Ordinance No. , on first reading amending the La Quinta Charter and Municipal Code Section 13, Subdivisions, to amend the time periods between lot line adjustments on the same parcel. FISCAL IMPLICATIONS None. CHARTER CITY IMPLICATIONS None. BACKGROUND AND OVERVIEW Currently, the Subdivision Ordinance, Section 13.32.020(C), reads: "C. The applicant and/or owner of the property has not received approval of a lot line adjustment affecting any of the lots to be altered, or lots abutting any of the lots to be altered, for a period of 12 months immediately preceding the date of the current application." The proposed subdivision text amendment will modify this Section by reducing the time frame between lot line adjustments from 12 months to six months, except for properties zoned commercial, in which case there will be no time limit. (Attachment 1) Section 13.32.020(C) would read: y 386 "C. The applicant and/or owner of the property has not received approval of a lot line adjustment affecting any of the lots to be altered, or lots abutting any of the lots to be altered, for a period of twelve six months immediately preceding the date of the current application, unless the property is zoned Neighborhood Commercial Community Commercial, Regional Commercial, Office or Business Park, in which case there shall be no time restriction between lot line adjustments." Analysis The proposed Amendment will eliminate unnecessary time delays for future developments. The change facilitates staff review procedures for lot line adjustments in the future. Staff has found that in its practical application, the demand for lot line adjustments is small and that in the case of commercially zoned parcels, a time restriction has sometimes been an issue. This is particularly the case in a developing commercial center, where the needs of a particular tenant require the adjustment of a lot to accommodate the tenant's needs for floor space and parking. The proposed Amendment is consistent with the General Plan's goals and policies supporting high quality development in the City in general. Environmental Review The Planning Department reviewed the Zoning Text Amendment under the provisions of the California Environmental Quality Act (CEQA) and determined the Amendment is exempt pursuant to Section 15061(b)(3) and Section 15282(h) of the CEQA guidelines. Planning Commission The Planning Commission considered the proposed text amendment at its September 11, 2007 meeting. Following deliberations and providing opportunity for public comment, the Planning Commission voted unanimously to recommend City Council approval of the proposed text amendment. (Attachment 2) Statement of Mandatory Findings Findings to recommend approval of the Amendment can be made and are contained in the attached Ordinance. Public Notice This project was advertised in The Desert Sun newspaper on October 5, 2007. To 10 g8-7 date, no comments have been received from adjacent property owners. Any written comments received will be handed out at the meeting. FINDINGS AND ALTERNATIVES The Findings for approval can be made as noted above and in the attached Ordinance. The alternatives available to the Council include: 1. Motion to take up Ordinance No. _, by title and number only and waive further reading. Motion to introduce Ordinance No. _, on first reading amending the La Quinta Charter and Municipal Code Section 13, Subdivisions, to amend the time periods between lot line adjustments on the same parcel; or 2. Do not take up Ordinance No. _; or 3. Provide staff with alternative direction. Respectf Planning Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Municipal Code Section 13.32.020 Applicability, Amended 2. Planning Commission Minutes of September 11, 2007 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 13 OF THE LA QUINTA MUNICIPAL CODE, PERTAINING TO TIME PERIODS BETWEEN LOT LINE ADJUSTMENTS WHEREAS, the City has implemented regulations relating to the preparation of lot line adjustments which include time restrictions between such adjustments for commercial and residential parcels; and WHEREAS, the imposition of such time restrictions impedes the orderly and timely development of entitled projects; and WHEREAS, the Planning Commission held a duly noticed public hearing on the 11" day of September, 2007, and recommended approval of the proposed amendment to the City Council; and WHEREAS, the City Council held a duly noticed Public Hearing on the 16`h day of October, 2007, and considered the evidence, written and oral, presented at the hearing. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of La Quinta does ordain as follows: SECTION 1. Chapter 13 of the La Quinta Municipal Code is hereby amended as follows: Section 13.32.020(C), is amended to read: C. The applicant and/or owner of the property has not received approval of a lot line adjustment affecting any of the lots to be altered, or lots abutting any of the lots to be altered, for a period of six months immediately preceding the date of the current application, unless the property is zoned Neighborhood Commercial, Community Commercial, Regional Commercial, Office or Business Park, in which case there shall be no time restriction between lot line adjustments. SECTION 2. ENVIRONMENTAL. The Planning Department has determined that the Amendments to the Municipal Code are exempt pursuant to Section 15061(b)(3) and Section 15282(h) of the Guidelines for Implementation of the California Environmental Quality Act. The Ordinance will have no effect on the 0. 389 Ordinance No. _ Chapter 13 Lot Line Adjustments Adopted: environment in that the proposed modifications to the Zoning Code are cross - referential to existing codes and do not constitute any changes to existing regulations or land use. SECTION 3. SEVERABILITY. The provisions of this Ordinance shall be severable, and if any clause, sentence, paragraph, subdivision, section, or part of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 4. LEGAL CONSTRUCTION. The provisions of this Ordinance shall be construed as necessary to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety and welfare. SECTION 5. EFFECTIVE DATE. This Ordinance shall take full force and effect and be in force 30 days after passage. SECTION 6. PUBLICATION. The City Clerk is directed to publish this Ordinance in the manner and in the time required by law. PASSED, APPROVED and ADOPTED by the City Council of the City of La Quinta at a regular meeting thereof held on the 17`n day of October, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta California 1 399 Ordinance No. _ Chapter 13 Lot Line Adjustments Adopted: ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California Is 391 Attachment No. 1 Chapter 13.32 LOT LINE ADJUSTMENTS 13.32.020 Applicability. Lot line adjustments may be utilized to reconfigure the size or shape of one lot provided that: A. All property line segments adjusted are boundary lines of the subject lot (though the extensions of the adjusted segments may affect several lots); B. The lot line adjustment does not alter the number of lots; and C. The applicant and/or owner of the property has not received approval of a lot line adjustment affecting any of the lots to be altered, or lots abutting any of the lots to be altered, for a period of twelve six months immediately preceding the date of the current application, unless the property is Neighborhood Commercial, Community Commercial Regional Commercial Office or Business Park, in which case there shall be no time restriction between lot line adjustments. '` 392 ATTACHMENT 2 Planning Commission Minutes September 11, 2007 2. There being no discussion, it moved and seconded by Commissioners Daniels/Bar s to continue Village Use Permit 2006-035 to Septem 25, 2006, as requested. Unanimously approved B. Zoning Code Amendment 2007-091; a request of City, for consideration of an Amendment to the time periods allowed between lot line adjustments on the same parcel of land. 1. - Chairman Alderson opened the public hearing and asked for the staff report. Consulting Planner Nicole Criste presented the information contained in the staff report, a copy of which is on file in the Planning Department 2. Chairman Alderson asked if there were any questions of staff. Commissioner Daniels asked why this Amendment will reduce the restriction on lot line adjustments from 12 months to six months. Commissioner Daniels asked if staff had reviewed the change with the Building Industry Association or any of the other building trade organizations. Staff stated they had not this was for their benefit. Commissioner Daniels asked that the Ordinance be sent to CELSOC for their review prior to being taken to the City Council. 3. There being no further questions of the staff, Chairman Alderson asked if there was any other public comment. There being no public comment, the public hearing was closed and open for Commission discussion. 4. There being no further discussion, it was moved and seconded by Commissioners Quill/Barrows to adopt Planning Commission Resolution 2007-038 recommending approval of Zoning Code Amendment 2007-091 as recommended and amended: ROLL CALL: AYES: Commissioners Barrows, Daniels, Engle, Quill, and Chairman Alderson. NOES: None. ABSTAIN: None. ABSENT: None. C. Zoning Code Ame ent'2007-090; a request of City, for consideration of an Amendment to ablish policies and standards for residential second units; allow apartmeihtsin the Medium Density Residential Zone; eliminate mini -storage facilities i I zones; and add language defining and describing Image Corridors in SpeNsl,.Purpose Districts. 4 393 2 F Z V CF` OF COUNCIL/RDA MEETING DATE: October 1 6, 2007 ITEM TITLE: Public Hearing to Consider an Ordinance Amending Title 9, Zoning, to Establish Policies and Standards for Residential Second Units; Allow Apartments in the Medium Density Residential Zone; Allow Mini -Storage Facilities in the Commercial Park Zone with Approval of a Conditional Use Permit; and Add Language Defining and Describing Image Corridors in Special Purpose Districts RECOMMENDATION AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Motion to take up Ordinance No. by title and number only and waive further reading. Motion to introduce Ordinance No. , on first reading amending the La Quinta Charter and Municipal Code Section 9, Zoning, to establish policies and standards for residential second units; allow apartments in the Medium Density Residential Zone; allow mini -storage facilities in the Commercial Park Zone; and add language and standards for Image Corridors in Special Purpose Districts. FISCAL IMPLICATIONS None. CHARTER CITY IMPLICATIONS None. BACKGROUND AND OVERVIEW City staff has encountered a number of issues within the existing Zoning Code, which are in need of modification. In order to clarify these standards, staff has developed an Amendment to the Zoning Code pertaining to second units on single-family lots, apartments in the Medium Density Residential zone, mini -storage facilities and the standards associated with Image Corridors in the Special Purpose Districts. a 394 PROPOSAL The proposed Amendment will consist of four separate components: 1. Residential Second Units Minor Use Permits will no longer be required for approval of a second unit, casita, guesthouse or similar facility. The approval will now be administrative, and part of the building permit plan check process conducted by the Planning Department. The provision limits one residential second unit per lot. The amendment introduces new language allowing for additional units via the conditional use permit process and compliance with all applicable development regulations. This amendment will combine "2nd units" and "granny flats" together under a single new zoning category of "Second Residential Units." Section 9.60.090 has also been re -written to conform to California Government Code Section 65852.2, which regulates residential second units. 2. Apartments in the Medium Density Residential Zone The Medium Density Residential zone currently prohibits apartments though the maximum density allowance is up to eight units per acre. The proposed Amendment would add apartments as a permitted use in the zone by amending Section 9.80.040, Table of Permitted Uses. 3. Mini -Storage Facilities Currently, mini -storage facilities are only allowed in the Commercial Park district as a permitted use. This Amendment would amend Section 9.80.040, Table of Permitted Uses, to allow mini -storage facilities in the Commercial Park District with the issuance of a conditional use permit. 4. Image Corridors in the Special Purpose Districts This Amendment clarifies within Section 9.130.010 Table of Development Standards, for the Special Purpose Districts, the standard requirements for Image Corridors. ANALYSIS Residential Second Units In the past, a Minor Use Permit was required for each second unit or casita, unless a condition of approval for a Specific Plan or Site Development Permit specifically 2 395 allowed a Master Minor Use Permit. This requirement has resulted in considerable paperwork for staff. The proposed Amendment would eliminate Minor Use Permit requirements for second units and casitas, and allow staff to simply review the units as part of the building permit process. At that time, staff will assure that minimum standards, such as setbacks, height and parking, are consistent with Section 9.60.090 and 9.60.100. This Amendment will reduce staff workload, as well as eliminate a bureaucratic hurdle currently in practice. In addition to this administrative Amendment, staff has made changes to bring the Zoning Ordinance in conformance with Assembly Bill 1866, enacted in 2003, which amended two sections of the Government Code (65852.2, and 65583.1). These changes were designed to clearly define second units as all types of independent units (those including cooking and sanitary facilities) located on a single-family lot in addition to the primary residence. The law also prohibits restrictions such as rental prohibitions. The amendment is consistent with State law, and would replace the current text of Section 9.60.090 in the Zoning Code. (Attachment 1) The amendment further defines that in the Cove Residential, Medium Density Residential, Medium High Density Residential and High Density Residential zones, only one guest house or second residential unit may be permitted on a lot, in addition to the main residence. In the Very Low Density Residential and Low Density Residential zones, however, more than one guest house and/or second residential unit may be permitted, with approval of a Conditional Use Permit. Staff has previously had requests for some of the City's larger lots and larger homes to allow multiple guest houses or second units, which may be requested for both guests and household staff. If the lot is of sufficient size, and all the development standards can be met, staff believes that multiple units may be appropriate. The requirement for a Conditional Use Permit assures that the compatibility with the neighborhood will be reviewed should such a request be made. Finally, in order to eliminate an inconsistency in the Zoning Code, it is proposed that the definition of "Guest House" found in Section 9.280.030: "Guest house means a detached unit which has sleeping and sanitary facilities but no cooking facilities and which is used primarily for sleeping purposes by members of the family occupying the main building, their nonpaying guests, and domestic employees. " be changed to be consistent with the definition of Guest House found in the development standards for this use, Section 9.60.100: "Guest house "means a detached or attached unit which has sleeping and sanitary facilities but no cooking facilities and which is used primarily for sleeping purposes by members of the family occupying the main building, . 395 their nonpaying guests, and domestic employees. All proposed Amendments are provided in Attachment 1. Apartments in Medium Density Residential Zone The Zoning Code prohibits apartments in the Medium Density Residential (MDR) zone. The MDR zone has a density of up to eight units per acre, which can easily accommodate apartments. In addition, the General Plan defines the MDR designation as being appropriate for "attached and detached units on small lots, condominiums, townhomes and apartments..." Therefore, the General Plan clearly envisioned that apartments would be allowed in the zone. The proposed Amendment changes Table 9.80.040 to allow apartments as a permitted use. As required by the Zoning Code, apartments would be subject to the requirements of the Site Development Permit process for site and architectural design. Mini -Storage Facilities The proposed Amendment will allow mini -storage facilities only in the Commercial Park Zone with approval of a Conditional Use Permit. Staff proposed to the Planning Commission prohibiting this use; however, the Commissioners thought it was important that the two existing facilities that currently operate in this Zone not be made legal non -conforming uses by amending the Zoning Code to eliminate the land use. The Conditional Use Permit process will assure that the issues associated with site design, land use compatibility and neighborhood integrity are considered prior to approval of another such facility. (Attachment 2) Image Corridor Requirements in Special Purpose Districts The landscaping setback requirements for projects in the Special Purpose Districts (Parks and Recreation, Golf Course, Equestrian Overlay, among others; please see Section 9.140 at. seq. for all districts included) as they relate to Image Corridors are not provided in the development standards table (Section 9.130.010, Table 1301). The Amendment proposes to add these requirements, consistent with how they are shown in the commercial and residential districts. The change will simply clarify existing requirements, and facilitate land owners' and developers' understanding of the standards in these zones. (Attachment 3) Environmental Review The Planning Department reviewed the Zoning Text Amendments under the provisions of the California Environmental Quality Act (CEQA). The Planning Department has determined that the Amendment is exempt pursuant to Section 15061(b)(3) and section 152820) of the CEQA guidelines. s' 397 Planning Commission The Planning Commission considered the proposed text amendment at its September 11, 2007 meeting. Following deliberations and providing opportunity for public comment, the Planning Commission voted unanimously to recommend City Council approval of the proposed text amendment. (Attachment 4) Public Notice This project was advertised in The Desert Sun newspaper on October 5, 2007. To date, no comments have been received from adjacent property owners. Any written comments received will be handed out at the meeting. FINDINGS AND ALTERNATIVES The Findings for approval can be made as noted above and in the attached Ordinance. The alternatives available to the Council include: 1. Motion to take up Ordinance No. , by title and number only and waive further reading. Motion to introduce Ordinance No. , on first reading amending the La Quinta Charter and Municipal Code to Section 9, Zoning, to establish policies and standards for residential second units; allow apartments in the Medium Density Residential Zone; allow mini -storage facilities in the Commercial Park Zone; and add language and standards for Image Corridors in Special Purpose Districts.; or 2. Do not move to take up Ordinance No 3. Provide staff with alternative direction. Respectfully sAitted, Jo*rson, Planning Director Approved for submission by: ?) M&Vt4C Thomas P. Genovese, City Manager 1 39-1 Attachments: 1 . Section 9.40.040, Table 9-1, Table of permitted uses (amending second units), Amendment text, Section 9.60.090, Residential Second Units and Section 9.280, Definitions. 2. Section 9.80.040, Table 9-5,Table of permitted uses (deleting Mini -storage) 3. Section 9.130.010, Table 9-9, Table of development standards (image corridors) 4. Planning Commission Minutes for September 11, 2007 �. 399 ORDINANCE NO. AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 9 OF THE LA QUINTA MUNICIPAL CODE, TO ESTABLISH POLICIES AND STANDARDS FOR RESIDENTIAL SECOND UNITS; ALLOW APARTMENTS IN THE MEDIUM DENSITY RESIDENTIAL ZONE; ALLOW MINI -STORAGE FACILITIES IN THE COMMERCIAL PARK ZONE WITH APPROVAL OF A CONDITIONAL USE PERMIT; AND ADD LANGUAGE DEFINING AND DESCRIBING IMAGE CORRIDORS IN SPECIAL PURPOSE DISTRICTS WHEREAS, the City has found that changes in procedures and issues with permitting have arisen as staff implements the Zoning Ordinance; and WHEREAS, the City has, from time to time, made amendments to the Zoning Ordinance to address similar changes in circumstances; and WHEREAS, the Planning Commission held a duly noticed public hearing on the 11 t' day of September, 2007, and recommended approval of the proposed Amendment to the City Council; and WHEREAS, the City Council held a duly noticed public hearing on the 16" day of October, 2007, and considered the evidence, written and oral, presented at the hearing. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of La Quinta does ordain as follows: SECTION 1. Chapter 9 of the La Quinta Municipal Code, Table 9.40.040 is amenoea as touows: 9.40.040 Table of permitted uses. Table 9-1: Permitted Uses in Residential Districts, following, specifies those areas and structures which are permitted within each residential district. The letters in the columns beneath the district designation mean the following: 1. "P": Permitted as a principal use within the district. 2. "A": Permitted only if accessory to the principal residential use on the site. 3. "C": Permitted if a conditional use permit is approved. 4. "M": Permitted if a minor use permit is approved. 5. "H": Permitted as a home occupation if accessory to the principal 11 00 Ordinance No. _ Chapter 9 Zoning Ordinance Adopted: Page 2 of 9 residential use and if a home occupation permit is approved. 6. "S": Permitted if a specific plan is approved per Section 9.40.030 7. "X": Prohibited in the district. Table 9-1 Permitted Uses in Residential Districts P = Principal use A = Accessory use District C = Conditional use permit Very Medium- M = Minor use Low Low Medium High High permit Density Density Cove Density Density Density H = Home Residential Residential Residential Residential Residential Residential occupation permit S = Specific plan required X = Prohibited use Land Use RVL RL RC RM RMH RH Residential Uses Accessory Uses and Structures '' T A A A A A A employee quaFteFS, Second Residential Units, subject to Section 9.60.0901, 3 1 Second Unit and Guest House design and location, as defined in Sections 9.60.090 and 9.60.100, respectively, will be reviewed as part of the Site Development Permit (SDP) process, if applicable. If proposed on an individual single family lot of record, and not subject to SDP approval, review for conformance with the requirements of 9.60.090 or 9.60.100 will occur during Building Permit Plan Check. 2 Only when built on a lot which is otherwise occupied by a single family home. Second units shall not be permitted when duplexes, triplexes or apartments occur on the lot. 3 In the Cove Residential, Medium Density Residential, Medium High Density Residential and High Density Residential zones, only one guest house or second residential unit may be permitted on a lot, in addition to the main residence. In the Very Low Density Residential and Low Density Residential zones, more than one guest house and/or second residential unit may be permitted, with approval of a Conditional Use Permit. All guest houses or second residential units must conform to the development standards in this Zoning Ordinance. 1 " 401 Ordinance No. _ Chapter 9 Zoning Ordinance Adopted: Page 3 of 9 SECTION 2. Chapter 9 of the La Quinta Municipal Code, Section 9.60.090 is amended as follows: 9.60.090 Second Residential Units A. Purpose. This section provides standards and criteria for the establishment of second units within residential districts, consistent with California Government Code Section 65852.2. Second units shall be permitted only in the RVL, RL, RC, RM, RMH, and RH zone districts. B. Definitions. For the purpose of these development standards, the following definitions shall apply: "PRIMARY UNIT" shall mean a single-family or multi -family residential unit constructed and intended as the principal unit and building on a lot. The primary unit shall be the largest unit on the lot. "SECOND UNIT" In accordance with Government Code Section 65852.20)(4), Second Unit shall mean an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation and shall be located on the same parcel as the single-family dwelling is situated. A second unit also includes the following: (1) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code, (2) A manufactured home, as defined in Section 18007 of the Health and Safety Code. C. Standards for Second Units. The following standards shall apply to second units: 1. A second unit shall be consistent with the provisions of the applicable zoning district in which it occurs. 2. A second unit shall only be permitted on a lot in which the primary unit and all other structures thereon conform to all minimum requirements of the applicable zoning district. s' 402 Attachment No. 1 The proposed amendment would amend the Guesthouse and Second Unit section of Table 9.40.040 to read: 9.40.040 Table of permitted uses. Table 9-1: Permitted Uses in Residential Districts, following, specifies those areas and structures which are permitted within each residential district. The letters in the columns beneath the district designation mean the following: 1. "P": Permitted as a principal use within the district. 2. "A": Permitted only if accessory to the principal residential use on the site. 3. "C": Permitted if a conditional use permit is approved. 4. "M": Permitted if a minor use permit is approved. 5. "H": Permitted as a home occupation if accessory to the principal residential use and if a home occupation permit is approved. 6. "S": Permitted if a specific plan is approved per Section 9.40.030. 7. "X": Prohibited in the district. Table 9-1 Permitted Uses in Residential Districts P = Principal use A = Accessory District use C = Conditional Very Medium - use permit Low Low Medium High High M = Minor use Density Density Cove Density Density Density permit Residential Residential Residential Residential Residential Residential H = Home occupation permit S = Specific plan required X = Prohibited use Land Use RVL RL RC RM RMH RH Residential Uses Accessory Uses and Structures Guesthouses, A A A X X X subject to Section 9.60.1001, 3 2nd ,.�:*� ��T .gFannyflat,T A A A A AZ A Ra empleyee quakeFS, Second Residential Units, subject to Section ' 9.60.0901.3 401 Attachment No. 1 Garages and A A A A A A carports, subject to Section 9.60.060 Keeping of A A A A A A household pets, subject to Section 9.60.120 1 Second Unit and Guest House design and location, as defined in Sections 9.60.090 and 9.60.100, respectively, will be reviewed as part of the Site Development Permit (SDP) process, if applicable. If proposed on an individual single family lot of record, and not subject to SDP approval, review for conformance with the requirements of 9.60.090 or 9.60.100 will occur during Building Permit Plan Check. 2 Only when built on a lot which is otherwise occupied by a single family home. Second units shall not be permitted when duplexes, tri-plexes or apartments occur nn thw Int_ 3 In the Cove Residential, Medium Density Residential, Medium High Density Residential and High Density Residential zones, only one guest house or second residential unit may be permitted on a lot, in addition to the main residence. In the Very Low Density Residential and Low Density Residential zones, more than one guest house and/or second residential unit may be permitted, with approval of a Conditional Use Permit. All guest houses or second residential units must conform to the development standards in this Zoning Ordinance. The proposed amendment would also delete Section 9.60.090, and replace it with: 9.60.090 Second Residential Units A. Purpose. This section provides standards and criteria for the establishment of second units within residential districts, consistent with California Government Code Section 65852.2. Second units shall be permitted only in the RVL, RL, RC, RM, RMH, and RH zone districts. B. Definitions. For the purpose of these development standards, the following definitions shall apply: "PRIMARY UNIT" shall mean a single-family or multi -family residential unit constructed and intended as the principal unit and building on a lot. The primary unit shall be the largest unit on the lot. "SECOND UNIT" In accordance with Government Code Section 65852.2(i)(4), Second Unit shall mean an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation a 40t Attachment No. 1 and shall be located on the same parcel as the single-family dwelling is situated. A second unit also includes the following: (1) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code, (2) A manufactured home, as defined in Section 18007 of the Health and Safety Code. C. Standards for Second Units. The following standards shall apply to second units: 1. A second unit shall be consistent with the provisions of the applicable zoning district in which it occurs. 2. A second unit shall only be permitted on a lot in which the primary unit and all other structures thereon conform to all minimum requirements of the applicable zoning district. 3. The lot shall contain an existing primary unit at the time an application for a second unit is submitted, or the application for the second unit may be made in conjunction with the development of the primary unit. 4. The owner of the lot shall reside on the lot, either in the primary unit or in the second unit. Prior to issuance of occupancy approval of the second unit, the property owner shall enter into a restrictive covenant with the City regarding such owner -occupancy requirement on a form prepared by the City, which shall be recorded against the property. Such covenant shall further provide that the second unit shall not be sold, or title thereto transferred separate from that of the property. If the owner ceases to reside on the property, use of the second unit shall be discontinued (a) if it is an attached second unit, the unit shall be converted into a portion of the primary unit, or (b) if it is a detached second unit, the unit shall be removed or converted to a legal use. The Director may grant temporary relief from this owner -occupancy requirement. 5. The maximum gross floor area of second unit shall not exceed 30 percent of the square footage of the primary unit or 1,200 square feet whichever is less. 6. The minimum gross floor area of a second unit shall be 400 square feet. 7. A second unit shall have no more than two (2) bedrooms. it 405 Attachment No. 1 8. The total gross floor area of all covered structures, including an attached second unit, shall not exceed the lot coverage area as prescribed by the applicable zoning district. 9. The second unit shall be architecturally compatible with the primary unit. 10. No attached second unit shall cause the height of the primary unit to exceed the height limitation for the applicable zoning district. If the attached second unit is not located above any portion of the existing primary unit, the maximum height of such unit shall not exceed the height of the primary unit. 11. A detached second unit shall not exceed 17 feet in height nor more than one story. 12. An attached second unit may have a separate entrance; provided, however, in no event shall any external stairwell be placed within the front or side yard setback. 13. A second unit shall contain separate kitchen and bathroom facilities, and shall be metered separately from the primary dwelling for gas, electricity, communications, water, and sewer services. 14. All attached second units shall be equipped with approved smoke detectors conforming to the latest Uniform Building Code standards, mounted on the ceiling or wall at a point centrally located in an area giving access to rooms used for sleeping purposes. 15. In addition to the required parking for the primary unit, a minimum of one additional off-street parking space shall be provided on the same lot that the second unit is located. One parking space shall be provided for each studio unit, in accordance with the applicable parking regulations. No variance or adjustment shall be granted to allow substandard parking spaces or locations. 16. All construction, structural alterations or additions made to create a second unit shall comply with current building, electrical, fire, plumbing and zoning code regulations. 17. In the event of any conflicts between the standards set forth in this Section and those set forth in the regulations of the applicable zoning district, the provisions of this Section shall prevail. 18. The applicant shall pay to the City all applicable fees imposed on such new development. 1 4 Q S Attachment No. 1 19. The Director may add other conditions, consistent with general law and applicable State and City standards, as necessary to preserve the health, safety, welfare and character of the residential neighborhood; provided, however, that such conditions shall not unreasonably restrict the ability of an applicant to create a second unit. a, 407 Attachment No. 2 9.80.040 Table of permitted uses (EXCERPT) Table 9-5 Permitted Uses In Nonresidential Districts (Continued) P = Principal use District A = Accessory use Regional Commercial Community Neighborhood Tourist Office Major C = Conditional use Commercial Park Commercial Commercial Commercial Commercial Community permit Facilities M =Minor use permit T = Temporary use permit X = Prohibited use Land Use CR CP cc CN CT CO MC Warehousing and Heavy Commercial Uses (Subject to Section 9.100.120, Outdoor storage and display) Wholesaling/distribution C P X X X X X centers, with no sales to consumers General warehouses, C P X X X X X with no sales to consumers Mini -storage X C X X X X X warehouses Lumber yards, outdoor X C X X X X X (see retail stores for indoor lumber sales) Pest control services C C X X X X X Plumbing re air shops C P X X X X X 4V Attachment No. 3 9.130.010 Table of development standards. Table 9-9, following, contains standards for development of property within special purpose districts: Table 9-9 Special Purpose District Development Standards Development Standard District PR GC OS FP HC SOB EOD Minimum building site n/a n/a n/a * " Maximum structure height (ft.)1 28 28 28 Maximum number of stories 2 2 2 Minimum perimeter building/landscape setbacks (ftY From Highway 111 50/5 50/5 50/5 50/5 50/5 50/5 50/5 right-of-waV 0 0 0 0 0 0 0 From perimeter street ROWs 30 30 30 From all primary ima e 30/2 30/2 30/2 30/2 30/2 0 — 30/2 30/2 0 corridor3 rights -of -way (except Hwy 111), and 0 0 — 0 — 0 0 — from all major and primary arterials From abutting residential property or districts 30 30 30 From abutting commercial and other nonresidential property or districts 20 20 20 Minimum setback from interior property lines within the same project 0 0 0 Parking and signs See Chapter 9.150 and 9.160 Fences and walls See Section 9.100.030 Landscaping and screening See Sections 9.100.040 and 9.100.050 * As required for needed flood control structures. * * As provided in the HC supplemental regulations, Section 9.140.040. III-1 ' 40� Attachment No. 3 * * * As provided in the underlying base district regulations, subject to the additional requirements of the overlay district: SOB, Section 9.140.050; EOD, Section 9.140.060. Not including basements. Also notwithstanding above table the maximum structure height equals 22 feet for all buildings within 150 feet of any General Plan primary image corridor and major or primary arterials. 2 Landscape setback shall consist of landscaped area within the building setback Number given is minimum landscaped setback from the street right-of-way. The remaining building setback may contain parking driveways and similar facilities. In addition to above landscape setbacks, interior landscaping shall be required as a percentage of the net project area as follows: parking areas: minimum 5 percent; non -parking areas: minimum 5 percent 3 The following are applicable primary image corridors as identified in the general plan: Washington Street, Jefferson Street, Fred Waring Drive Calle Tampico Eisenhower Drive (from Tampico to Washington Street). III-2 a 419 ATTACHMENT 4 Planning Commission Minutes September 11, 2007 2. There being no discus ' it was moved and seconded by Commissioners D ' s/Barrows to continue Village Use Permit 2006-035 to ptember 25, 2006, as requested. Unanimously approve B. Zoning Code Amendment 2007-091; a request of City, for conside�ation of an Amendment to the time periods allowed betweer�ot line adjustments on the same parcel of land. / 1. Chairman Alderson opened the public hearing aiyA asked for the staff report. Consulting Planner Nicole Cr ,'ste presented the information contained in the staff report, a c y of which is on file in the Planning Department 2. Chairman Alderson asked if there re any questions of staff. Commissioner Daniels asked why t s Amendment will reduce the restriction on lot line/Associion from 12 months to six months. Commissioner Danieltaff had reviewed the change with the Building Industry or any of the other building trade organizations. Staff had not this was for their benefit. Commissioner Daniehat the Ordinance be sent to CELSOC for their revbeing taken to the City Council. 3. There being no f ther questions of the staff, Chairman Alderson asked if there as any other public comment. There being no public com nt, the public hearing was closed and open for Commissi discussion. 4. There Y6ing no further discussion, it was moved and seconded by Com issioners Quill/Barrows to adopt Planning Commission Re lution 2007-038 recommending approval of Zoning Code endment 2007-091 as recommended and amended: CALL: AYES: Commissioners Barrows, Daniels, Engle, Quill, and Chairman Alderson. NOES: None. ABSTAIN: None. ABSENT: None. C. Zoning Code Amendment 2007-090; a request of City, for consideration of an Amendment to establish policies and standards for residential second units; allow apartments in the Medium Density Residential Zone; eliminate mini -storage facilities in all zones; and add language defining and describing Image Corridors in Special Purpose Districts. � 411 Planning Commission Minutes September 11, 2007 Chairman Alderson opened the public hearing and asked for the staff report. Consulting Planner Nicole Criste presented the information contained in the staff report, a copy of which is on file in the Planning Department 2. Chairman Alderson asked if there were any questions of staff. Commissioner Quill asked if this Code Amendment would eliminate mini -storages. If so, what would happen if the City were to annex additional land, would the Code need to be changed again. Planning Director Les Johnson stated that should the City annex area in the City's Sphere of Influence, discussion should be held regarding what districts this use should be allowed in, at that time. Commissioner Quill asked if this change would prohibit the existing mini -storages from making any changes or alterations to their buildings. Staff stated yes. 3. Commissioner Daniels asked what staff based the statement on regarding "filling the need". Staff explained that the existing mini -storages in the City and neighboring cities still have vacant spaces. 4. Chairman Alderson asked staff what, if any, expansion could the current storage facilities be able to do. Staff stated they could continue to operate as they are currently, but they would not be able to intensify or expand on the current facility. Chairman Alderson asked if either of the storage facilities had the land capacity to expand. Staff stated they could go up, but with regard to lot coverage, they are maximized out, with the exception of the one on Adams Street that could remove the RV storage and expand into this area of their site with storage spaces. Chairman Alderson asked if this would violate any law if this were to prohibit them from expansion. Assistant City Attorney Michael Houston stated no property owner has a vested right without having a permit. 5. Commissioner Quill asked what options were available to the current storage facilities to allow them to expand. Staff stated the Amendment would prohibit them from making a significant change to their facility. Discussion followed regarding potential scenarios. 6. Commissioner Daniels asked if they would be prevented from 412 3 Planning Commission Minutes September 11, 2007 replacing any area that is damaged from fire, etc. Staff stated they would be allowed to replace damaged areas if the valuation of the damage was less than 50% of the valuation. Assistant City Attorney Michael Houston stated that if 50% or greater were damaged they would not be able to rebuild. 7. Commissioner Daniels stated he would like to see this section of the Amendment removed and at least notify the storage facilities that this is being proposed by the City. It could affect their financing ability if they are unable to rebuild. Staff stated the Commission Could delete this section or send a recommendation to the Council that this item be brought back at a later date after notification to the storage facilities. 8. Commissioner Barrows asked why staff was making this recommendation. Staff stated there are very few vacant parcels left in the City where this use could be built and it is staff's belief that this use is not of an economic benefit to the City. Commissioner Barrows stated that if they left the Code as it is currently, the use could be denied. Staff stated the findings for denial on a Site Development Permit could be difficult. 9. Commissioner Daniels asked if there was a better District For this use. Staff stated currently there is no Industrial Zone in the City with vacant land. Staff's concern is that they not be built along the Highway 111 corridor. 10. Commissioner Quill stated the property values along Highway 111 are such that it would be hard for a storage facility to financially build in this location. He asked how the Code could be amended to allow the existing facilities to continue or change over time as the market requires. Staff suggested that mini -storage facilities be conditionally permitted and all future mini -storage facilities would require a Conditional Use Permit which is a land use compatibility issue and findings for a denial can more easily be made if appropriate. The existing facilities would be allowed as they currently exist and if a change is needed they can apply for a conditional use permit. 11. There being no further questions of the staff, Chairman Alderson asked if there was any other public comment. There being no public comment, the public hearing was closed and open for 4�3 Commission discussion. 4 Planning Commission Minutes September 11, 2007 12. There being no further discussion, it was moved and seconded by Commissioners Daniels/Quill to adopt Planning Commission Resolution 2007-039 recommending approval of Zoning Code Amendment 2007-090 as recommended and amended: a. Change the designation on Attachment 2: Current "P" designation would be changed to a "C" for mini -storage facilities. ROLL CALL: AYES: Commissioners Barrows, Daniels, Engle, Quill, and Chairman Alderson. NOES: None. ABSTAIN: None. ABSENT: None. BUSINESS ITEMS: C. Finding of General Plan Conformity for 19 CVWD Capital Projects pursuant to Califo is Government Code Section 65401; a request of Coachella Valley WXter District (CVWD) for various CVWD projects through the City. 1. Chairman Alders n asked for the staff report. Planning Director Les Johnson pre nted the information contained in the staff report, a copy of ich is on file in the Planning Department. 2. Chairman Alderson a ked if there were any questions of staff. Commissioner Daniels asked if this process had been done previously. Staff state it has been done whenever CVWD has asked for it. 3. There being no further quest ns of the staff, Chairman Alderson asked if there was any other ublic comment. There being no public comment, the public pa icipation portion was closed and open for Commission discussion 4. There being no further discussion, i was moved and seconded by Commissioners Daniels/Barrows tc opt Minute Motion 2007- 015confirming afinding of conformit with the General Plan for various Coachella Valley Water I Ar t capital improvement projects throughout the City. Unanimou y approved. CORRESPONDENCE AND WRITTEN MATERIAL: None. = 414 5 MOF Ike I[.�:[U►[.] TA 3IsLTA r_Vc.1:ya►1.ILIa�•13a:P.Y.»r:Walk V1�401110[yu VIA: THOMAS P. GENOVESE, CIT 2;1iL&11�1111*0101:I116Y07011»_\P1►1I11[CNN]I DATE: OCTOBER 16, 2007 Y MANAGERO-1.8 RECTO SUBJECT: PUBLIC HEARING NO. 3 — ZONING TEXT AMENDMENT Attached is a corrected Ordinance for approval of the above -noted text amendment. A portion of Table 9.1 under Section 9.040.040 (Residential Uses — Apartment Multifamily rental units) was inadvertently omitted as well during the copying of the Ordinance, pages were missed. a.: 415 ORDINANCE NO. AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 9 OF THE LA QUINTA MUNICIPAL CODE, TO ESTABLISH POLICIES AND STANDARDS FOR RESIDENTIAL SECOND UNITS; ALLOW APARTMENTS IN THE MEDIUM DENSITY RESIDENTIAL ZONE; ALLOW MINI -STORAGE FACILITIES IN THE COMMERCIAL PARK ZONE WITH APPROVAL OF A CONDITIONAL USE PERMIT; AND ADD LANGUAGE DEFINING AND DESCRIBING IMAGE CORRIDORS IN SPECIAL PURPOSE DISTRICTS WHEREAS, the City has found that changes in procedures and issues with permitting have arisen as staff implements the Zoning Ordinance; and WHEREAS, the City has, from time to time, made amendments to the Zoning Ordinance to address similar changes in circumstances; and WHEREAS, the Planning Commission held a duly noticed public hearing on the 11 `" day of September, 2007, and recommended approval of the proposed Amendment to the City Council; and WHEREAS, the City Council held a duly noticed public hearing on the 16' day of October, 2007, and considered the evidence, written and oral, presented at the hearing. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of La Quinta does ordain as follows: SECTION 1. Chapter 9 of the La Quinta Municipal Code, Table 9.40.040 is amended as follows: 9.40.040 Table of permitted uses. Table 9-1: Permitted Uses in Residential Districts, following, specifies those areas and structures which are permitted within each residential district. The letters in the columns beneath the district designation mean the following: 1. "P": Permitted as a principal use within the district. 2. "A": Permitted only if accessory to the principal residential use on the site. 3. "C": Permitted if a conditional use permit is approved. 4. "M": Permitted if a minor use permit is approved. 5. "H": Permitted as a home occupation if accessory to the principal residential use and if a home occupation permit is approved. S; 416 Ordinance No. _ Chapter 9 Zoning Ordinance Adopted: 6. "S": Permitted if a specific plan is approved per Section 9.40.030. 7. "X": Prohibited in the district. Table 9-1 Permitted Uses in Residential Districts P = Principal use A = Accessory use District C = Conditional use permit Very Medium- M = Minor use Low Low Medium High High permit Density Density Cove Density Density Density H = Home Residential Residential Residential Residential Residential Residential occupation permit S = Specific plan required X = Prohibited use Land Use RVL RL RC RM RMH RH Residential Uses Apartment X X X P P P Multifamily (rental units) Accessory Uses and Structures 'Ram I units ,"mac flats," Rd A — A — A — A2 — A — A2 — emplayee gams Second Residential Units, subject to Section 9.60.090' 3 1 Second Unit and Guest House design and location, as defined in Sections 9.60.090 and 9.60.100, respectively, will be reviewed as part of the Site Development Permit (SDP) process, if applicable. If proposed on an individual single family lot of record, and not subject to SDP approval, review for conformance with the requirements of 9.60.090 or 9.60.100 will occur during Building Permit Plan Check. 2 Only when built on a lot which is otherwise occupied by a single family home. Second units shall not be permitted when duplexes tri-plexes or apartments occur on the lot. 3 In the Cove Residential, Medium Density Residential, Medium High Density Residential and High Density Residential zones, only one guest house or second residential unit may be permitted on a lot, in addition to the main residence. In the Very Low Density Residential and Low Density Residential zones more than one guest house and/or second residential unit may be permitted with approval of a 417 Ordinance No. _ Chapter 9 Zoning Ordinance Adopted: Conditional Use Permit. All quest houses or second residential units must conform to the development standards in this Zoning Ordinance. SECTION 2. Chapter 9 of the La Quinta Municipal Code, Section 9.60.090 is amended as follows: 9.60.090 Second Residential Units A. Purpose. This section provides standards and criteria for the establishment of second units within residential districts, consistent with California Government Code Section 65852.2. Second units shall be permitted only in the RVL, RL, RC, RM, RMH, and RH zone districts. B. Definitions. For the purpose of these development standards, the following definitions shall apply: "PRIMARY UNIT" shall mean a single-family or multi -family residential unit constructed and intended as the principal unit and building on a lot. The primary unit shall be the largest unit on the lot. "SECOND UNIT" In accordance with Government Code Section 65852.2(i)(4), Second Unit shall mean an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation and shall be located on the same parcel as the single-family dwelling is situated. A second unit also includes the following: (1) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code, (2) A manufactured home, as defined in Section 18007 of the Health and Safety Code. C. Standards for Second Units. The following standards shall apply to second units: 1. A second unit shall be consistent with the provisions of the applicable zoning district in which it occurs. 2. A second unit shall only be permitted on a lot in which the primary unit and all other structures thereon conform to all minimum requirements of the applicable zoning district. i , a" 418 Ordinance No. _ Chapter 9 Zoning Ordinance Adopted: 3. The lot shall contain an existing primary unit at the time an application for a second unit is submitted, or the application for the second unit may be made in conjunction with the development of the primary unit. 4. The owner of the lot shall reside on the lot, either in the primary unit or in the second unit. Prior to issuance of occupancy approval of the second unit, the property owner shall enter into a restrictive covenant with the City regarding such owner -occupancy requirement on a form prepared by the City, which shall be recorded against the property. Such covenant shall further provide that the second unit shall not be sold, or title thereto transferred separate from that of the property. If the owner ceases to reside on the property, use of the second unit shall be discontinued (a) if it is an attached second unit, the unit shall be converted into a portion of the primary unit, or (b) if it is a detached second unit, the unit shall be removed or converted to a legal use. The Director may grant temporary relief from this owner - occupancy requirement. 5. The maximum gross floor area of second unit shall not exceed 30 percent of the square footage of the primary unit or 1,200 square feet whichever is less. 6. The minimum gross floor area of a second unit shall be 400 square feet. 7. A second unit shall have no more than two (2) bedrooms. 8. The total gross floor area of all covered structures, including an attached second unit, shall not exceed the lot coverage area as prescribed by the applicable zoning district. 9. The second unit shall be architecturally compatible with the primary unit. 10. No attached second unit shall cause the height of the primary unit to exceed the height limitation for the applicable zoning district. If the attached second unit is not located above any portion of the existing primary unit, the maximum height of such unit shall not exceed the height of the primary unit. Ordinance No. _ Chapter 9 Zoning Ordinance Adopted: 11. A detached second unit shall not exceed 17 feet in height nor more than one story. 12. An attached second unit may have a separate entrance; provided, however, in no event shall any external stairwell be placed within the front or side yard setback. 13. A second unit shall contain separate kitchen and bathroom facilities, and shall be metered separately from the primary dwelling for gas, electricity, communications, water, and sewer services. 14. All attached second units shall be equipped with approved smoke detectors conforming to the latest Uniform Building Code standards, mounted on the ceiling or wall at a point centrally located in an area giving access to rooms used for sleeping purposes. 15. In addition to the required parking for the primary unit, a minimum of one additional off-street parking space shall be provided on the same lot that the second unit is located. One parking space shall be provided for each studio unit, in accordance with the applicable parking regulations. No variance or adjustment shall be granted to allow substandard parking spaces or locations. 16. All construction, structural alterations or additions made to create a second unit shall comply with current building, electrical, fire, plumbing and zoning code regulations. 17. In the event of any conflicts between the standards set forth in this Section and those set forth in the regulations of the applicable zoning district, the provisions of this Section shall prevail. 18. The applicant shall pay to the City all applicable fees imposed on such new development. 19. The Director may add other conditions, consistent with general law and applicable State and City standards, as necessary to preserve the health, safety, welfare and character of the residential neighborhood; provided, however, that such conditions shall not unreasonably restrict the ability of an applicant to create a second unit. • � 429 Ordinance No. _ Chapter 9 Zoning Ordinance Adopted: SECTION 3. Chapter 9 of the La Quinta Municipal Code, Section 9.60.100, Guest Houses, is amended as follows: "Guest house" means a detached or attached unit which has sleeping and sanitary facilities but no cooking facilities and which is used primarily for sleeping purposes by members of the family occupying the main building, their nonpaying guests, and domestic employees. SECTION 4. Chapter 9 of the La Quinta Municipal Code, Table 9.80.040 is amended as follows: 9.80.040 Table of permitted uses (EXCERPT) Table 9-5 Permitted uses in Nonresidential Districts (Continued) P = Principal use District A = Accessory use C = Conditional use Regional Commercial Community Neighborhood Tourist Office Major permit Commercial Park Commercial Commercial Commercial Commercial Community M = Minor use permit Facilities T = Temporary use permit X = Prohibited use Land Use CR CP CC CN CT CO Mc Warehousing and Heavy Commercial Uses (Subject to Section 9.100.120, Outdoor storage and display) Wholesaling/distribution C P X X X X X centers, with no sales to consumers General warehouses, C P X X X X X with no sales to consumers Mini -storage X C X X X X X warehouses Lumber yards, outdoor X C X X X X X (see retail stores for indoor lumber sales) Pest control services C C X X X X X Plumbing repair shops C P X X X X X 421 Ordinance No. _ Chapter 9 Zoning Ordinance Adopted: SECTION 5. Chapter 9 of the La Quinta Municipal Code, Section 9.130.010, Table 9.9, Table of development standards is amended as follows: Table 9-9 Special Purpose District Development Standards Development Standard District PR GC OS FP HC SOB EOD Minimum building site n/a n/a n/a Maximum structure height (ft.)U-I 28 28 28 "* *** **• Maximum number of stories 2 2 2 Minimum perimeter building/landscape setbacks (ft.)!-2-1 From Highway 111 50/50 50/50 50/50 50/50 50/50 50/50 50/50 right-of-way From perimeter street ROWS 30 30 30 From all primary image corridor13' rights -of -way (except Hwy 111) 30/20 30/20 30/20 30/20 30/20 30/20 30/20 and from all major and primary arterials From abutting residential property or districts 30 30 30 From abutting commercial and other nonresidential property or districts 20 20 20 Minimum setback from interior property lines within the same project 0 0 0 Parking and signs See Chapter 9.150 and 9.160 Fences and walls See Section 9.100.030 Landscaping and screening See Sections 9.100.040 and 9.100.050 * As required for needed flood control structures. ** As provided in the HC supplemental regulations, Section 9.140.040. *** As provided in the underlying base district regulations, subject to the additional requirements of the overlay district: SOB, Section 9.140.050; EOD, Section 9.140.060. ' Not including basements. Also, notwithstanding above table, the maximum structure height equals 22 feet for all buildings within 150 feet of any General Plan primary image corridor and major or primary arterials. 2 Landscape setback shall consist of landscaped area within the building setback. Number qiven is minimum landscaped setback from the street right-of-way. The remaining building setback may contain parking, driveways and similar facilities. In addition to above landscape setbacks, interior landscaping shall be required as a percentage of the net project area as follows: parking areas: 4 2) Ordinance No. _ Chapter 9 Zoning Ordinance Adopted: minimum 5 percent; non -parking areas: minimum 5 percent s The following are applicable primary image corridors as identified in the general plan: Washington Street Jefferson Street Fred Waring Drive Calle Tampico Eisenhower Drive (from SECTION 6. ENVIRONMENTAL. The Community Development Department has determined that the Amendments to the Municipal Code are exempt pursuant to Section 15061(b)(3) and Section 15268(a) of the Guidelines for Implementation of the California Environmental Quality Act. The Ordinance will have no effect on the environment in that the proposed modifications to the Zoning Code are cross - referential to existing codes and do not constitute any changes to existing regulations or land use. SECTION 7. SEVERABILITY. The provisions of this Ordinance shall be severable, and if any clause, sentence, paragraph, subdivision, section, or part of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 8. LEGAL CONSTRUCTION. The provisions of this Ordinance shall be construed as necessary to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety and welfare. SECTION 9. EFFECTIVE DATE. This Ordinance shall take full force and effect and be in force 30 days after passage. SECTION 10. PUBLICATION. The City Clerk is directed to publish this Ordinance in the manner and in the time required by law. PASSED, APPROVED and ADOPTED by the City Council of the City of La Quinta at a regular meeting thereof held on the 171h day of October, 2007, by the following vote: AYES: NOES: 2 41413 Ordinance No. _ Chapter 9 Zoning Ordinance Adopted: ABSENT: ABSTAIN DON ADOLPH, Mayor City of La Quinta California ATTEST: Veronica Montecino, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 11 424 V S O V C `k OFT' COUNCIL/RDA MEETING DATE: October 16, 2007 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Public Hearing on the Adoption of a Resolution Vacating an Easement in Favor of the Public CONSENT CALENDAR: for Access, Ingress and Egress of Fire, Police and Other Emergency Vehicles and Personnel within STUDY SESSION: Tentative Parcel Map No. 33367 and Public Utility PUBLIC HEARING: Easements Established over the Vacated Portions of Avenue 52 and Adams Street Lying within Tentative _ Parcel Map No. 33367 RECOMMENDATION: Conduct a Public Hearing and then adopt a Resolution of the City Council to vacate an easement in favor of the public for access, ingress and egress of Fire, Police and other emergency vehicles and personnel within Tentative Parcel Map No. 33367 and public utility easements established over the vacated portions of Avenue 52 and Adams Street lying within Tentative Parcel Map No. 33367. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City of La Quinta Redevelopment Agency, developer of the SilverRock Resort located north of Avenue 54, south of Avenue 52 and west of Jefferson Street (Attachment 1), requested vacation of 1► an. easement in favor of the public for access, ingress and egress of Fire, Police and other emergency vehicles and personnel established over the vacated portion of Adams Street within Tentative Parcel Map No. 33367; and 2) public utility easements established over the vacated portion of Avenue 52 and Adams Street within Tentative Parcel Map No. 33367 pursuant to California 3 425 Street and Highways Code Part 3 per Public Streets, Highways, and Service Easements Vacation Law, Section 8320-8325. These easements are either no longer necessary or conflict with future development of SilverRock Resort. Emergency access easements will be incorporated in the Final Map for Tentative Parcel Map No. 33367 (Attachment 2). The portion of easement in favor of the public for access, ingress and egress of Fire, Police and other emergency vehicles and personnel was established over the vacated portion of Adams Street by Resolution 86-48. The portion of the easement is specifically described in Attachment 3 and is not needed by the City of La Quinta. Access, ingress and egress of Fire, Police and other emergency vehicles will be provided by development of the internal roadway system proposed for Tentative Parcel Map No. 33367 and future development of individual parcels within Tentative Parcel Map No. 33367. The public utility easements over the vacated portions of Adams Street and Avenue 52 lying within Tentative Parcel Map No. 33367 were conditioned to have been relocated or abandoned through Resolutions 86-48 dated June 4, 1986, and 87-21 dated May 5, 1987 (Attachment 4) for the vacation of Adams Street and Avenue 52, respectively. All utility easements to be abandoned were in favor of the Imperial Irrigation District or its predecessors. At this time, the Public Works Department wishes to complete the process and vacate said public utility easements pursuant to California Street and Highways Code Part 3 per Public Streets, Highways, and Service Easements Vacation Law, Section 8320-8325. All utility companies were given proper notification and no utility company has expressed the need for an easement within the vacated portions of Adams Street and Avenue 52 within Tentative Parcel Map No. 33367. The application was considered by the Planning Commission for general plan conformance on October 9`", 2007. The Planning Commission found the proposed vacation to be consistent with the La Quinta General Plan. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Conduct a public hearing and then adopt a Resolution of the City Council to vacate an easement in favor of the public for access, ingress and egress of Fire, Police and other emergency vehicles and personnel within Tentative Parcel Map No. 33367 and Public Utility Easements established over the vacated portions of Avenue 52 and Adams Street lying within Tentative Parcel Map No. 33367; or a.t, 426 2. Do not adopt a Resolution of the City Council to vacate an easement in favor of the public for access, ingress and egress of Fire, Police and other emergency vehicles and personnel and public utility easements over the vacated portions of Avenue 52 and Adams Street lying within Tentative Parcel Map No. 33367; or 3. Provide staff with alternative direction. Respectfully submitted, 4Tiithy R. Jo ass .E. Public Work irector/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Approved Tentative Parcel Map No. 33367 (Street Vacation 2007-045 with easements highlighted) 3. Resolution 86-48 4. Resolution 87-21 a.; `427 RESOLUTION 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING AN EASEMENT IN FAVOR OF THE PUBLIC FOR ACCESS, INGRESS AND EGRESS OF FIRE, POLICE AND OTHER EMERGENCY VEHICLES WITHIN TENTATIVE PARCEL MAP NO. 33367 AND PUBLIC UTILITY EASEMENTS ESTABLISHED OVER THE VACATED PORTIONS OF AVENUE 52 AND ADAMS STREET LYING WITHIN TENTATIVE PARCEL MAP NO. 33367 CASE NO. STREET VACATION 2007-045 WHEREAS, pursuant to Sections 8322 and 8323 of the Public Streets, Highways and Service Easement Vacation Law, due notice of the Public Hearing was given by public posting in the time and manner prescribed by law, and, WHEREAS, following its discussion of the public easement and public utility easements vacation application on October 9, 2007, the Planning Commission of the City of La Quinta has determined that the vacation of an easement in favor of the public for access, ingress and egress of Fire, Police and other emergency vehicles and personnel within Tentative Parcel Map No. 33367 and public utility easements established over the vacated portions of Avenue 52 and Adams Street lying within Tentative Parcel Map No. 33367, is not in conflict with the Infrastructure Element or other policies of the General Plan of the City of La Quinta; and, WHEREAS, the City Council of the City of La Quinta has conducted the required public hearing upon due notice and, upon hearing and considering all testimony and arguments of all interested parties and persons desiring to be heard, did find the facts to exist justifying the vacation of an easement in favor of the public for access, ingress and egress of Fire, Police and other emergency vehicles and personnel within Tentative Parcel Map No. 33367 and public utility easements established over the vacated portions of Avenue 52 and Adams Street lying within Tentative Parcel Map No. 33367, as follows: Vacation of an easement in favor of the public for access, ingress and egress of Fire, Police and other emergency vehicles and personnel within Tentative Parcel Map No. 33367 and public utility easements established over the vacated portions of Avenue 52 and Adams Street lying within Tentative Parcel Map No. 33367 will not adversely affect the City of La Quinta or adversely impact the Circulation Element of the City of La Quinta General Plan. 2. The affected portion of Public Utility Easement is unnecessary for either present or prospective public use or purposes, including use as non-mosolized�2s transportation facilities. t Resolution No. 2007- Street Vacation 2007 - 045 Adopted: October 16, 2007 Page 2 3. All utility companies have been properly notified and no local public agency has submitted objections to the proposed vacation of an easement in favor of the public for access, ingress and egress of Fire, Police and other emergency vehicles and personnel within Tentative Parcel Map No. 33367 and public utility easements established over the vacated portions of Avenue 52 and Adams Street lying within Tentative Parcel Map No. 33367. 4. Approval and adoption of the vacation of an easement in favor of the public for access, ingress and egress of Fire, Police and other emergency vehicles and personnel within Tentative Parcel Map No. 33367 and public utility easements established over the vacated portions of Avenue 52 and Adams Street lying within Tentative Parcel Map No. 33367, will not cause a significant negative impact upon the environment, due, in part, to the fact that extinguishment of the right-of-way will restore possession of the vacated portion of Public Utility Easement to the vested owner of the abutting parcel of real property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AS FOLLOWS: SECTION 1: The City Council, having elected to proceed under the provisions of Chapter 3 of the Public Streets, Highways and Service Easement Vacation Law of the State of California, and having held a public hearing upon due notice as provided therein, hereby finds from all evidence submitted that the vacation of an easement in favor of the public for access, ingress and egress of Fire, Police and other emergency vehicles and personnel within Tentative Parcel Map No. 33367 and public utility easements established over the vacated portions of Avenue 52 and Adams Street lying within Tentative Parcel Map No. 33367, specifically described in Attachments 1, attached hereto and incorporated herein, is unnecessary for either present or prospective public use or purposes, including use as non -motorized transportation facilities. SECTION 2: The City Council hereby orders the vacation of an easement in favor of the public for access, ingress and egress of Fire, Police and other emergency vehicles and personnel within Tentative Parcel Map No. 33367 and public utility easements established over the vacated portions of Avenue 52 and Adams Street lying within Tentative Parcel Map No. 33367, as shown in Attachments 1 attached hereto and incorporated herein. SECTION 3: The City Council hereby determines that adoption of the vacation of an easement in favor of the public for access, ingress and egress of Fire, Police and other emergency vehicles and personnel within Tentative Parcel Map No. 33367 and public utility easements established over the vacated portions of Avenue 52 and Adams Street lying within Tentative Parcel Map No. 33367 will cause no significant 42q negative environmental impact. Resolution No. 2007- Street Vacation 2007 - 045 Adopted: October 16, 2007 Page 3 SECTION 4: The City Council hereby orders that the vacation of an easement in favor of the public for access, ingress and egress of Fire, Police and other emergency vehicles and personnel within Tentative Parcel Map No. 33367 and public utility easements established over the vacated portions of Avenue 52 and Adams Street lying within Tentative Parcel Map No. 33367 shall not be effective until a certified copy of this Resolution, has been recorded with the Riverside County Recorder. SECTION 5: The City Council hereby determines and orders that the City Clerk is hereby authorized and directed to record a certified copy of this Resolution in the Office of the County Recorder of Riverside County, California. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 16th day of October, 2007, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: Don Adolph, Mayor City of La Quinta, California ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: •, 430 M. Katherine Jenson, City Attorney City of La Quinta, California ATTACHMENT 1 VICINITY MAIP N.T.S. m,ixm 4a D RANCHO LA I� QUINT 9 COUINTRY INTA� z COUNTRY oz CLUB o CLUB v> AVENUE 50 x rn LA QUINTA - G z RESORT 0 CALLE INALOAD CLUB z AI VENUE 52 TRADITION GOLF CLUB GOLF CLUB 53RD AVE SI TE v I I NT 431 ATTACHMENT 3 ^ RESOLUTION NO. 86-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING CERTAIN PORTIONS OF ADAMS STREET. WHEREAS, the City Council did adopt its Resolution No. 86-31, declaring its intention to vacate certain portions of Adams Street pursuant to the Public Streets, Highways and Service Easements Vacation Law; and WHEREAS, said Resolution No. 86-31 fixed June 3, 1986, at the hour of 7:30 p.m. in the La Quinta Community Center as the time and place for hearing all persons interested in or objecting to the proposed vacation; and WHEREAS, a Notice of Public Hearing was published in the time and manner provided by law and notices of said hearing were posted along said portions of the streets to be vacated in the time and manner provided by law; and WHEREAS, the Planning Commission has adopted its Resolution No. P.C. 86-001 determining that the vacation of said streets is not in conflict with the Circulation Element or any other element of the General Plan; and WHEREAS, the City Council has conducted its hearing and has heard the evidence concerning this matter. NOW, THEREFORE, the City Council of the City of La Quinta does RESOLVE as follows: 1. The City Council hereby finds and determines that the following described portions of Adams Street are unnecessary for present or prospective public use and hereby orders said street vacated and abandoned. 2. Said street ordered vacated and abandoned is Adams Street between the east quarter corner point of Sectin 31, Township 5 South, Range 7 East, and the west quarter corner point of Section 8, Township 6 South, Range 7 East, San Bernardino Base and Meridian, excepting that portion within the right-of-way for realigned Adams Street which shall extend between Calle Tampico and the Avenue 50 City Park and school entrance, and also excepting those portions within the Avenue 50 and Avenue 52 rights -of -ways, in accordance with the La Quinta General Plan. Said real property is particularly described in Exhibit "A", attached hereto and incorporated herein by this reference. A map designating the portion of said drive and boulevard to be vacated is attached hereto as Exhibit "B" and incorporated herein by this reference. 432 RESOLUTION NO. 86-48 3. The City Council hereby finds and determines that the street hereby vacated and abandoned is not useful as a non -motorized, transportation facility as defined in Streets and Highways Code, Sectin 156, nor useful as a bicycle path or route pursuant to Public Resources Code, Section 5079. 4. This Council hereby determines that the public convenience and necessity require, and it is accordingly ordered, that there is further reserved and excepted from the vacation of the said street, an easement in favor of the public, the City of La Quinta, the County of Riverside, the State of California, and all public agencies, and their officers, agents, employees and contractors, for access, ingress and egress of fire, police, and other emergency services vehicles and personnel, on, in, over, and across the areas of the said street herein ordered vacated. 5. The City Council hereby finds and determines that public convenience and necessity require that the presently existing public utility easements shall be either relocated and/or abandoned to the satisfaction of the affected public: utili- ties prior to the recordation of this Resolution. 6. The portions of Adams Street hereby vacated shall not be closed to public use nor shall any construction or demolition occur thereon until the following conditions are completed and performed: a. Realigned Adams Street, a local public street with a 60-foot-wide, right-of-way, shall be constructed in accordance with City standards and the conditions of approval for Specific Plan No. 85-006, "Oak Tree West", as follows: (1) Full width improvements shall be installed in accordance with the requirements of the City Engineer and with the standards in effect at the time of construction. (2) All necessary right-of-way shall be retained or be dedicated to the City. (3) Engineered plan drawings for road improvements shall be submitted to the City Engineer for review and approval. (4) Any required encroachment permits shall be secured prior to beginning any work with rights -of -way. - 2 - I' 433 Resolution No. 86-48 (5) In lieu of the completion of public roadway improve- ments, the Community Development Director may enter into an agreement or accept bonds or similar instruments which will guarantee the construction of this roadway. b. An access easement shall be provided to the existing Coachella Valley Water District site located along the east side of the Adams Street alignment approximately 1,322 feet south of the Avenue 50 centerline. c. Prior to the recordation of Street Vacation No. 85-010, written clearances shall be obtained from all affected utilities. Easements shall be retained where necessary. d. Provisions shall be made to ensure that adequate access to parcels in the area will be provided by public streets, including the possible extension of Date Palm Drive. 7. The City Clerk is hereby authorized and directed to record a certified copy of this Resolution in the office of the County Recorder of Riverside County at such time as the conditions set forth in Sections 5 and 6 hereof are satis- factorily completed and performed. ATTEST: CITY/CLERK APPROVED AS TO FORM: APPROVED AS TO CONTENT: CITY ATTORNEY CITY ANAGER Those portions Sections 5, 6, Bernardino Base PARCEL 1 EXHIBIT "A" LEGAL DESCRIPTION STREET VACATION NO. 85-010 of Section 31, Township 5 South, Range 7 East, and of 7, and 8, Township 6 South, Range 7 East, San and Meridian. The Easterly 30.00 feet of the Southeast one -quarter of said Section 31, Township 5 South, Range 7 East, SBB&M EXCEPTING therefrom the Southerly 50.00 feet thereof. PARCEL 2 The Easterly 30.00 feet of all of said Section 6, Township 6 South, Range 7 East, SBB&M, EXCEPTING therefrom the Northerly 30.00 feet thereof within the Avenue 50 right-of-way, and EXCEPTING therefrom the Southerly 30.00 feet thereof within the Avenue 52 right-of-way. PARCEL 3 The Westerly 30.00 feet of the Northwest one -quarter of the Northwest one -quarter of said Section 5, Township 6 South, Range 7 East, SBB&M, EXCEPTING therefrom the Northerly 30.00 feet thereof within the Avenue 50 right-of-way. PARCEL 4 The Westerly 30.00 feet of the Southwest one -quarter of the Northwest one -quarter, and of the South one-half of said Section 5, Township 6 South, Range 7 East, SBB&M, EXCEPTING therefrom the Southerly 30.00 feet thereof within the Avenue 52 right-of-way. PARCEL 5 The Easterly 30.00 feet of the Northeast one -quarter of the Northeast one -quarter of said Section 7, Township 6 South, Range 7 East, SBB&M, EXCEPTING therefrom the Northerly 30.00 feet thereof within the Avenue 52 right-of-way. PARCEL 6 The Easterly 30.00 feet of the Southeast one -quarter of the Northeast one -quarter of said Section 7, Township 6 South, Range 7 East, SBB&M. PARCEL 7 The Westerly 30.00 feet of the Northwest one -quarter of said Section 8, Township 6 South, Range 7 East, SBB&M, EXCEPTING therefrom the Northerly 30.00 feet thereof with the Avenue 52 right-of-way. 43') TYPICAL CROSS SECTION 'A' 'I II CL/SECTION LINE TYPICAL CROSS SECTION 'S' DINE NU C: VACATION EXCLUDES PORTIONS WITHIN AVENUE EO E St RIGHTS OF WAY. IN ACCORDANCE WITH THE LA OUINTA GENERAL PLAN, AND ALSO THE PORTIONS WITHIN THE REALIGNED ADANS STREET. EXHIBIT "B" STREET VACATION NO. 85-010 PORTION OF ADAMS STREET' APPLICANTS: City of La Quinta, y 4� Landmark Land rn ATTACHMENT 4 RESOLUTION NO. 87-21 5 S 87 e.6. DATE AGENDA ITEM b N/4PPROVED () DENIED () CONTINUED TO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING CERTAIN PORTIONS OF AVENUE 52 AND WASHINGTON STREET. WHEREAS, on April 16, 1985, the City Council did adopt its Resolution No. 85-38 vacatio3 the herein described portion of Avenue 52; and WHEREAS, said street vacation action was taken following Planning Commission review and noticed public hearings all in accordance with applicable provisions of law; and WHEREAS, at the tiara of said hearings and action, it was the intent of the planning Commission and City Council to additionally vacate the vestigial remnant portion of Washington Street between the abandoned section of Avenue 52 and the new successor alignment of Avenue 52; and WHEREAS, said intent is demonstrated by the maps and exhibits for the Avenue 52 Specific Plan Amendment and Tentative Tract Map No. 20328 and its successor No. 21880; and WHEREAS, said intent to vacate the vestigial remnant on Washington Street was not provided for nor set out in Resolution No. 85-38 vacating certain portions of Avenue 52, which was a minor error due to inadvertence and excusable neglect; and WHEREAS, it is now necessary to cure and correct said minor error by adopting this correcting resolution which also vacates said reninarit portion of Washington Street and replaces and supercedes Resolution No. 85-36. NOW, THEREFORE, the City Council of the City of La Quinta does RESOLVE as follows: 1. The City Council hereby finds and determines that the following described portions of Avenue 52 and Washington Street are unnecessary for present or prospective public use and hereby orders said streets vacated and abandoned. 2. Said streets ordered vacated and abandoned are (1) Avenue 52 between Avenida Bermudas and a point 1,321 feet west of Jefferson Street, and (2) Washington Street between said vacated portion of Avenue 52 and the new realignment of 2 07 RESOLUTION NO. 67-21 Page Two Avenue 52 as depicted on the Avenue 5." Specific Plan Nos. 85-00'7A and 85-007B. Said real property is particularly described in Exhibit. "A', attached hereto and Incorporated herein by this reference. A map designating the portion of said avenue and street to be: vacated is attached hereto as Exhibit "B" and incorporated herein by this reference. 3. The City CounciL hereby finds and determines that, the ,streets hoveby vacated and abandoned are not useful as a non -motorized, t.ransport.at.xon facilities as defined in Streets and 11ighways Code, Sect.ian 156, nor useful as a bicycle path or route pursuant to Public Resources Lode, Sectirnl 5079. 4. the City Coun(.i.l. hereby finds and determines that public convenience and, necessity require that the presently existing public utility easements shall be either rnlocat:ed and/or abandoned to the satisfaction of the affected public utilities prior to the rut urdati.on of this Resolution; or, in the alternative, City may, in its discretion, accept written commitments from the affected utilities relative to said relocation and aban&mment. 5. the portions of Avenue 52 and Washington St.re:et, hereby vacated shall not be closed (except for limited purzods of time for public safety and convenience by order of the City Manager) to puh3:ic use nor shall any conatruct.i.on or demolition occur thereon until the following conditions are (ron,pleted and per formed: a. Access shall be provided from realigned Avenue 52 to the front of the Desert Club in accordance wcth City requirements and to the satisfaction of the Applicant, the Owner of the Desert Club and the City Council.. (t) If an agreement sat:isfar.tory to the Applicant and the (:rwner of the Desert Club cannot be accomplished, then public: road access, shall be provided. b. The Applicant shall. be responsible to pay all costs associated with the relocation of Avenue 52 in aecordan(.e with the provisions and cond:i.t:ions of approval. for Specific plans Nos. 135--005A and 135-00`1c. These costs shall include, but not, he limited to the construction or installation of road improvements, noise barriers, landscaping and tiaffi.r. contiol devices. 431 RESOLUTION NO. 07-21 Faye Three C. Hie portion of Avenue 52 approved forvacation shal'I not be closed (exce.pt for limited periods of time for public safety and convenience by order of the city manager) to the publ.i.c use nor shall any construction or demolition thereon until the following condi.tiom, are. completed and performed: All improvements shown on Exhibits 'B' and "D' as contained in the Community Development, Department's file for Specific flans Nos. 135-005A and 85-005H, and as amended by those conditions of approval, shal1 be, completed by the Applicant for acceptance by the: City, includin-q: (1) Full -width improvements to an ultimate width of 100 'feet for that portion of Avenue 52 between Desert. Club Drive and Washington Street, in accordance. with S'pecifi.c Flan Exhibit 'le". (2) Full -width improvements to an ultimate width of 110 feet fug that poet:i.on of Avenue 52 between Washington Street and a point 662 feet west, o'f Adam, Street, in accordance with Specific Flan Exhibit. "P . (3) Interim 2O-foot-wide, paved road between the point 662 feet', west of Adams Street and a point 1,321 feet west: of Jefferson .Street, in accordance with Specific Plan Exhibit 'D". (4) One --half width improvements to an ultimate width of 100 'feet for that portion of Avenue 52 between Avenida Bermudas and Desert. flub Drive. (5) One-half width improvements to an ultimate width of 42 feet for that portion of Avenida Nues'tr'a between Wd�,h:i.ngton Street and Calle Rondo. (6) Closures of Aveni.cla Nuestra at Washington Street. 2 439 RESOLUTION NO. 87-21 Page Four (7) Installation of noise buffers and ldndscdpin;l along Avenue 52 and Avenida Nuestra as required by the provision<c avid cond'i.t:ions of Specific Flan Nos. 85v-005A and 85--005F.1. (8) Installation of improvements to the in"ter'sect..iou of Avenue 52 avid Avenida Bermudas. Improvement plan drawxngs for road i.mpr'ovenients shall be subject to review and approval by the City F-.ngv.neer. 'Tram,i.Li.onal pdvemell'It for intel''sections arld lame reduction areas, charmel.i.zation (orstrxpi.rlg) plans, and tra"Ffic control device plans shall be submitted for r'c,vi.ew and approval with the street improvement plans. (1) Any required encroachment permits shall be sec:lived pri.ov to beginnin.,{ any work within rights--of--way. (2) All neceSs,al'y rlgh't-o'f-way dedications shall be made. Prior' to the cLosure of existing Avenue 52, the Applicant shall dedirat.e: a site and contribute: to the construction of a new 'fire station, :in accordance with the r.ondai.ions of approval for Tentative Tract Nap No. 20320, Revision No. 1. Provision shall be made to asisure that adequate access to and from the existu'iy fire stai,iorl is rtia3.nt.ai.ned during construction of improvements. f. Specific: Plans Nos. 85--005A and 85--0058 shall be adopted and .Ln effect prior" to the vacations herein provided, avid the across, constr'uct.i.on of improvements, and other actions required to be performed by this Section 5 shall be .in accordance with said Spec:i.fi.c Flan and in accordallcel with the condzti.ons of tentative: 1'r'act. ?1880. PI-nvi.ded, however', that to the extent, amenduievits to said Specific plan or Tract. 21BOO conditions, or ainenrhnel'rts to the Ci.rcu'LaLiort F-.l.emerlt of the Cevleral Flan, change or amend any of said requiremerits, said performance shall be. in accurdarrce w:Ltth the 'Latest adopted amendments. 40 RESOLUTION NO. 07-21 Page Five 9— City shall retain interim responsibility and liability for maintenance and oppration of said vacated Avenue 52 and Washin3t.on Street until said streets are actually closed to public: use as herein provided. 6. The CJJ y Clerk .is hereby authorized and dl.rected to record a certified copy of this Resolution in the office of the County Recorder of Riverside County at, such tm.me as the conditions set forth :in Sections 4 and 5 hereof are satisfactorily completed and performed or committed to be completed died performed. APPROVED and ADOPTED this 5th day of May, 1987, by the followin3 vote AYES Council. Members Bohnenber3er, Cox, Pena, Sniff and Mayor Hoyle. NOES: None. ABSENT: None. ABSTAIN. None. MAYO'' A1TE.S"1': �X -�- CTTY MANAGER/CI1"Y CLERK APPROVED AN TO FORM: _.-._._----._... --- CITY Al1ORNE 441