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2007 12 18 CCea# 4 4 adja City Council agendas are available on the City's web page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting TUESDAY, DECEMBER 18, 2007 3:00 P.M. Closed Session / 4:00 P.M. Open Session Beginning Resolution No. 2007-112 Ordinance No. 450 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. APPROVAL OF SETTLEMENT AGREEMENT — SHEA LA QUINTA, LLC, v. CITY OF LA OUINTA, RIVERSIDE SUPERIOR COURT CASE NO. RIC484197, PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a). Is001 City Council Agenda 1 December 18, 2007 2. CONFERENCE WITH CITY'S REAL PROPERTY NEGOTIATOR, DOUGLAS R. EVANS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF PROPERTY LOCATED AT DUNE PALMS ROAD SOUTH OF HIGHWAY 111 AND IDENTIFIED AS APN 600-020-012. PROPERTY OWNER/NEGOTIATOR: PROTECH HOLDINGS 123, JOHN BIGLEY. 3. CONFERENCE WITH CITY'S REAL PROPERTY NEGOTIATOR, DOUGLAS R. EVANS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF PROPERTY LOCATED SOUTHEAST OF THE INTERSECTION OF ADAMS STREET AND LA QUINTA CENTRE DRIVE. PROPERTY OWNER/NEGOTIATOR: CHRISTINE CLARKE, STAMKO DEVELOPMENT COMPANY. RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. 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 1. PRESENTATION OF A DONATION FROM THE FRIENDS OF THE LIBRARY. WRITTEN COMMUNICATIONS 1. WRITTEN CORRESPONDENCE FROM URBAN HOUSING COMMUNITIES DATED DECEMBER 11, 2007. r 002 City Council Agenda 2 December 18, 2007 APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF DECEMBER 4, 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 DECEMBER 18, 2007. 2. RECEIVE AND FILE TREASURER'S REPORT DATED OCTOBER 31, 2007. 3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED OCTOBER 31, 2007. 4. APPROVAL OF A REIMBURSEMENT AGREEMENT WITH INNOVATIVE COMMUNITIES FOR STREET IMPROVEMENTS ON AVENUE 58 FOR TRACT MAP 34243. 5. ACCEPTANCE OF STATE FUNDING FOR SOBRIETY CHECKPOINT PROGRAM FOR LOCAL LAW ENFORCEMENT AGENCIES IN THE AMOUNT OF $27,232 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS). 6. ACCEPTANCE OF ONSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 32453, HIDEAWAY, ND LA QUINTA PARTNERS, LLC. 7. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE FINANCE DIRECTOR TO ATTEND THE GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA) 2008 ANNUAL CONFERENCE IN FORT LAUDERDALE, FLORIDA, JUNE 15-18, 2008. 8. APPROVAL OF ANNUAL CONTINUING DISCLOSURE FOR THE CITY OF LA QUINTA 2000-1 ASSESSMENT DISTRICT FOR FISCAL YEAR ENDING JUNE 30, 2007. 9. APPROVAL OF ANNUAL DISTRICT INFORMATION SHEETS FOR THE CITY OF LA QUINTA ASSESSMENT DISTRICT NOS. 92-1 AND 97-1 FOR FISCAL YEAR ENDING JUNE 30, 2007. 10. APPROVAL OF THE DECLARATION OF SURPLUS PROPERTY. A 001 City Council Agenda 3 December 18, 2007 11. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE CITY CLERK TO ATTEND THE MASTER MUNICIPAL CLERK ACADEMY TO BE HELD IN SANTA BARBARA, CALIFORNIA, FEBRUARY 6-8, 2008. 12. APPROVAL OF A CONTRACT CHANGE ORDER TO GKK WORKS TO PAINT AND RE -CARPET THE EXISTING CITY HALL. 13. APPROVAL OF A CONTRACT CHANGE ORDER TO GKK WORKS TO INSTALL COVERED PARKING AND ADDITIONAL ACCESSIBLE PARKING SPACES AT THE LA QUINTA LIBRARY. 14. APPROVAL OF A CONTRACT CHANGE ORDER TO GKK WORKS TO REPLACE THE EXISTING PARKING LOT SOUTH OF CITY HALL. 15. APPROVAL OF SECOND READING OF ORDINANCE NO. 448, AMENDING SECTIONS 13.04.070 AND 13.28.040 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATING TO SECURITY FOR SUBDIVISION IMPROVEMENTS. 16. APPROVAL OF SECOND READING OF ORDINANCE NO. 449, AMENDING TITLE 9, ZONING, TO PROHIBIT NEW MINI -STORAGE FACILITIES IN THE COMMERCIAL PARK ZONE AND ALLOW EXISTING FACILITIES TO CONTINUE TO OPERATE AS LEGAL AND CONFORMING USES. 17. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E), AND AUTHORIZATION TO ADVERTISE FOR BIDS THE AVENUE 54 MEDIAN ISLAND LANDSCAPE IMPROVEMENTS, PROJECT NO. 2006-09. 18. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E), AND AUTHORIZATION TO ADVERTISE FOR BIDS THE LAGO LA QUINTA AND VILLAS AT LA QUINTA SOUND ATTENTUATION WALLS, PROJECT NO. 2006-02. 19. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 30023-6 - TRILOGY, SHEA LA QUINTA, LLC. 20. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP FOR PARCEL MAP 33367, LA QUINTA REDEVELOPMENT AGENCY, SILVERROCK RESORT. 21. ACCEPTANCE OF PARK AVENUE LANDSCAPE IMPROVEMENTS, PROJECT NO. 2006-15, AND APPROVAL OF CONTRACT CHANGE ORDER NO. 2. A 004 City Council Agenda 4 December 18, 2007 22. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 33717, QUADRANT, AMERICAN LAND LIQUIDATORS, INC. 23. APPROVAL OF A SUPPLEMENTAL AGREEMENT WITH RIVERSIDE COUNTY FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR CONSTRUCTION OF IMPROVEMENTS ON AVENIDA MONTEZUMA ROUNDABOUT RECONSTRUCTION, AND PUBLIC SERVICE FUNDS FOR THE BOYS AND GIRLS CLUB - LA QUINTA UNIT. 24. ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM THE FRIENDS OF THE LIBRARY. 25. ADOPTION OF A RESOLUTION GRANTING AN EXTENSION TO THE CONDITIONAL APPROVAL OF A FINAL MAP FOR PARCEL MAP 34855, JC PENNEY, STAMKO DEVELOPMENT COMPANY. 26. APPROVAL OF A GRANT APPLICATION FROM THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA) FOR CLICK IT OR TICKET (CIOT) MOBILIZATION BY THE LA QUINTA POLICE DEPARTMENT. SINESS SESSION 1. CONSIDERATION OF A REQUEST FROM THE COACHELLA VALLEY RECREATION AND PARK DISTRICT TO WAIVE PERMIT FEES AND APPROPRIATION OF FUNDS. A. MINUTE ORDER ACTION 2. CONSIDERATION OF CITY OF LA QUINTA PROMOTIONAL LOGO. A. MINUTE ORDER ACTION 3. CONSIDERATION OF AN APPROPRIATION FOR ADDITIONAL REQUESTS BY THE PGA FOR THE BOB HOPE CHRYSLER CLASSIC. A. MINUTE ORDER ACTION City Council Agenda 5 December 18, 2007 A 005 4. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTERS 6.04 AND 6.05 OF TITLE 6 OF THE LA QUINTA MUNICIPAL CODE RELATED TO THE COLLECTION, TRANSPORTATION, AND DISPOSAL OF SOLID WASTE AND RECYCLABLE MATERIALS IN THE CITY. A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING B. INTRODUCE ORDINANCE NO. ON FIRST READING 5. CONSIDERATION OF AND DIRECTION REGARDING SILVERROCK AD -HOC COMMITTEE. A. MINUTE ORDER ACTION 6. CONSIDERATION OF AND DIRECTION REGARDING A PLANNING AREAS 1 AND 2 AD -HOC COMMITTEE. A. MINUTE ORDER ACTION STUDY SESSION DISCUSSION OF GREEN AND SUSTAINABLE LA QUINTA PROGRAM. REPORTS AND INFORMATIONAL ITEMS 1 . ANIMAL CAMPUS COMMISSION (HENDERSON) 2. CITY COUNCIL AD -HOC COMMITTEE REPORTS 3. CVAG COMMITTEE REPORTS 4. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (SNIFF) 5. C.V. CONSERVATION COMMISSION (SNIFF) 6. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (TERRY HENDERSON) 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) A' 009 City Council Agenda 6 December 18, 2007 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. INVESTMENT ADVISORY BOARD MINUTES OF OCTOBER 9 AND NOVEMBER 14, 2007 21. HISTORICAL PRESERVATION COMMISSION MINUTES OF SEPTEMBER 20 AND OCTOBER 18, 2007 22. ARCHITECTURE & LANDSCAPE REVIEW COMMITTEE MINUTES OF NOVEMBER 7, 2007 23. PLANNING COMMISSION MINUTES OF NOVEMBER 13 AND NOVEMBER 27, 2007 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS B. 2007 GRANT UPDATE 2. CITY ATTORNEY - NONE 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING & SAFETY DEPARTMENT REPORT FOR NOVEMBER 2007 5. COMMUNITY SERVICES DEPARTMENT REPORT FOR NOVEMBER 2007 A. UPDATE OF BOB HOPE CHRYSLER CLASSIC EVENT -RELATED ITEMS 6. FINANCE DEPARTMENT REPORT - NONE 7. PLANNING DEPARTMENT REPORT FOR NOVEMBER 2007 8. PUBLIC WORKS DEPARTMENT REPORT FOR NOVEMBER 2007 9. POLICE DEPARTMENT REPORT FOR NOVEMBER 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. City Council Agenda 7 December 18, 2007 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. 1. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION APPROVING PROPOSALS AND AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS TO RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 2008/2009. A. RESOLUTION ACTION 2. PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING TITLE 9, CHAPTER 9.60 OF THE MUNICIPAL CODE MODIFYING THE CITY'S DENSITY BONUS AND AFFORDABLE HOUSING INCENTIVES IN ACCORDANCE WITH STATE LAW. A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING B. INTRODUCE ORDINANCE NO. ON FIRST READING ADJOURNMENT The next regular meeting of the City Council will be held on January 15, 2008, 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. City Council Agenda 8 December 18, 2007 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 December 18, 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 December 14, 2007. DATED: December 14, 2007 C;Al tea-, VERONICA J. MONTECINO, City Clerk City of La Quinta, California Public Notices The La Quints 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. A' 001 City Council Agenda 9 December 18, 2007 I\ WRITTEN CORRESPONDENCE ITEM: December 11, 2007 The Honorable Mayor Don Adolph and Honorable Chair Lee Osborne 78-405 Calle Tampico La QWinta, CA 92253 N Dear Honorable Mayor Don Adolph and Honorable Chair Lee Osborne, As we discussed briefly on December 10, 2007, Urban Housing Communities (UHC), an affordable housing real estate developer, is seeking a decision on three transactions that we have been discussing with the City of La Quinta. We believe clarifying the disposition of all three transactions simultaneously will not only facilitate their resolution, but will provide needed clarity going forward for both UHC and the City of La Quinta. By way of background, UHC specializes in senior and multi -family affordable housing projects (see attached bio). Our primary expertise is in the financial, social, and value engineering of these projects. While we provide construction oversight, we 3rd party contract with construction contractors to build the projects. This distinction is important because we have a great deal of flexibility concerning product type and also can partner with the City to competitively bid the development to insure the best value. Since 2003, UHC has been actively pursuing opportunities within the City of La Quanta under the direction of City staff on what properties we should focus on. Of the three transactions mentioned above, we are currently interested in continuing to pursue and develop two sites. The first is located at the' South East Corner of Washington and 50th Street and the second is located at the corner of Jefferson Street and Westward Ho. We also understand that the City wishes to explore the potential acquisition of a Yq acre parcel of land from UHC. UHC acquired this 3/4 acre piece of land when It attempted to put an assemblage of real estate together for purposes of developing an affordable housing site on Hwy 111 at Dune Palms Road. UHC / Le "M 010 1 0 3. More specifically we purchased this site to access the rear portion of the Mazzella property, (see attachment site plan), but the City denied this property as a point of access due to the adjoining use. When we were under contract on the Mazzella piece at $6.00 per square foot, denying access via the �4 acre site was the catalyst to eventual litigation between the Seller and UHC', UHC ultimately settled its litigation with the Seller, but during that time the City began to negotiate with another developer to acquire the site. The City ultimately purchased the Mazzella land at $23 dollars per square foot and now is proposing to acquire our 3/a acre parcel for access as we had originally proposed. Below is a synopsis of each transaction and what we are asking you to do. We have also included supplemental materials in this correspondence as attachments: Site #1: South East Corner Washington and 501h Street Regqest UHC needs some commitment from the City that they would be willing 'to work with UHC to develop this site if we were able to meet some reasonable range of results for purchase and development that can be articulated prior to December 18, 2007. The property is scheduled to close December 20, 2007 and the Seller is unwilling to extend. In such a case UHC would acquire the property without participation from the City until it is able to satisfy the City's acquisition requirements. Why Lhis is a Good Idea 'This site is an excellent choice for an affordable housing project because it is close to amenities and yet relatively remote. The risk of development is low considering its location to offsite improvements land infrastructure. This would also clean up this corner of the city. Background ,UHC began pursing this site in September 2006 and then submitted a request for financial assistance in November 2006 to the City. We knew from initial discussions we had with the City that this would be a 'good location for affordable housing. Up until last week we understood through City staff that we had cleared all significant hurdles that would Ibe necessary to enter an agreement with the City to move forward with developing a multi -family affordable housing project. Key to this junderstanding was among other representations, Frank Spevacek's UHC/La 1T3 oat email dated August 23, 2007 (see attached). We were able to achieve the necessary land cost of $14 /sq ft., even though this price point was below the appraisals (see attached appraisal summary, the sale price in this summary needs to be divided by the size of the property [7.65 acres *43,560 feet per acre] to give a square footage price above $15). The initial concern regarding the land value was caused by an appraisal commissioned on behalf of the City that demonstrated that the land acquisition price as proposed was too high. Our appraisal, an appraisal from U.S. Bank, and a review appraisal from U.S. Bank all supported the purchase price. A subsequent review of the initial City i appraisal, by another appraiser hired by the City, indicated that the initial City appraisal was significantly flawed and not acceptable according to regulatory standards. Regardless of these facts, we were still asked to obtain this price reduction to $14 per sq. ft. for the City to move forward. Achieving this cost reduction was not without incurring significant costs in additional non-refundable deposits on behalf of UHC. We were informed this month, however, that there is concern among the city council centering on land cost again even though we were given contrary direction and took action. We have operated in good faith, and believe, given the relative land values in the area that this land cost is supported and still reflects a reasonable cost for the land. Furthermore, the Seller is unwilling to negotiate a lower price. This is the cost of the land. Some might argue that land values are still going down. This may or may not be true and every parcel is unique. However, the main point here is that if we were in a period of rising land values, we would expect the Seller to honor the price as set forth in the contract at the time of the contract and we have taken a considerable amount of the Seller's time renegotiation the deal with the City and cut the price, so we have followed market conditions in this case. In addition, one cannot easily compare land values of remote sites with infill. By the time you consider the necessary costs to bring in infrastructure and necessary services and other development risks the cost of the out lying land could ultimately exceed the infill. And affordable housing funding programs will have guidelines that generally require certain amenities and infrastructure in place. Secondarily, an issue was raised in our meetings on December 10, 2007, that there is an added concern about the price of the units. This !was never raised as an issue in prior communications. While the perceived higher land value may be one factor, the City's desire for LEEDS certification, upgrades and site design are far more relevant and an expensive execution for the site, and thus have driven costs up. UHC's construction 4osts should and will be competitive here in UHC! La Quinta 3pf 23 0 1 that we competitively bid the project. We just need a realistic target from the City from which to engineer. The balance of the rest of the project should be consistent with any developer. Regardless of what the City does in other areas of affordable housing, this site is a highly valuable site for low income housing and most likely it is ultimately destined to become one. It is located around many of the essential amenities that will score high for funding sources that will absorb some of the financial burden of the City. From a regulatory perspective and social perspective this site is ideal for the residents and the surrounding community. In addition, multi -family developments provide economies of scale for social services and site maintenance. Simply put, this is a prudent and sound project, and it should work well for all that would be impacted by the development. We only need to work more collaboratively to get this one done. Site f#2: Jefferson and Westward Ho Re u st We would like to develop senior multi -family housing on this site. UHC seeks clarification.from the city council on how it would like us to proceed on a development of this project. We are also requesting help from them to negotiate the use of land owned by the adjacent homeowner association. Why �s This a Good Idea (The property is located close to critical services. The City currently ,had an underutilized parcel next to the site that they could contribute. 'The site is in a developed community which reduces the risk of development. You know what you have. Back round UHC had spent a considerable amount of time and some money in land Ideposits and 3rd party costs in order to develop this elongated site. It still has promise from an affordable housing perspective, but we were hold by staff not to pursue this project because there was no desire on the part of city council to work with the homeowners adjacent to the project to resolve concerns they have. The critical path for this project is negotiating with neighboring homeowners a road right -away for the project that would require a UHC / La Quinta 4:23 Oil piece of land owned by the adjacent homeowner's association. There are positive tradeoffs to the homeowners that include better egress, traffic flow and sewer hook-up capabilities instead of septic tanks. We have just scratched the surface with negotiations and it is not likely to be immediate, but negotiations were promising and still could work. A strong showing by the City indicating to the community that this is their best alternative is critical. A prior meeting between the homeowners and the City simply did not have this effect. If the homeowners believe there could be something better down the road then they have no incentive to work with us. This site is an attractive site for this type of affordable housing, addresses the current negative condition of the land, and we are puzzled why the City would not want to pursue this since they already own a significant piece of the land i being sought for development. Site I#3: Hwv 111 and Dune Palm Road Re lest We expect the value of this 3/4acre parcel ranges between $27-33 per square foot. What does the City want to do about this property? Back round One of the sticking points in our attempt to develop a sizable piece of land for multi -family affordable housing on a property adjacent to this acreage was access to Dune Palms for traffic, so we acquired this pad. We were told by the City after we bought this land that they would not consider this parcel for purposes of traffic on or off the site. Recently we received an appraisal notification from the City in what appears to be a move toward eminent domain or condemnation. It appears now 'that the City does want to own the property and use the parcel for ,access to Dune Palm Road. As a side note, we asked a City representative several months ago 'whether there was any interest in the parcel and were told there was I not. Later, we were asked to meet with Mr. Shovlan, a developer that shad been negotiating the purchase of this land with the City while we were in litigation with the property owner. We attempted to see if there were any business synergies between Mr. Shovlan and UHC, but we were told that nothing was needed from us except the land and (there was no follow-up. UHC / Le Quintal 014 5 of 23 Mr. Mazzella was very difficult to negotiate with and we needed more support from the City to acquire this property. As it is, the City began to bid up the price by purchasing property around this site for considerably more than we had this project in escrow while not allowing us to raise our bid on this parcel. We ultimately prevailed in the litigation, but lost the site that we had in escrow for $6 per sq. ft. that was purchased for $23 per sq. ft. by the city. Members of Council and the Redevelopment Agency, we believe UHC would make a good partner in your pursuit of affordable housing, and know that there are many views about how affordable housing should live in your community. With each city that we work in, there is an element of uncertainty. La Quinta however has been particularly troublesome to understand and to a certain degree we feel we have been miss -led. We would like to take this opportunity to get on a better track with your community and either provide development services to you, or look for an amicable way out of this situation that after four years has not yielded anything. Thank you for your time, attention, and quick response to these matters. Regards, ldhn Bigley " Chief of Operations U�ban Housing Communities LLC UHC/La6of�' 015 Contents Page �. Site #1 — 00217 La Quinta-SEC Washington & 50s' Site Plan 2 Site #1 — 00217 La Quinta-SEC Washington & 50" Project Source 3 and Use Statement 3. Site #2 — 00197 La Quinta-Jefferson Site Plan 4 4. Site #3 — 00004 La Quinta-Mazzella Site Plan 5 5'I. Email Correspondence—11/28/07 6 6'� Email Correspondence—12/07/07 7 7'r Appraisal Review Summary 9 8' UHC Information 15 A 016 Page 1 of 17 dSf r% I! I fit, ! 1 I (Ch f 1 �ifaSSit I-ISd !1�ti!!�t u;AS1kJ1!_1S FJ5!r••., Page 2 of 17 f-lfli��iCl`1 SITE SUFMIANV NEIGHBORNOOO 14 UNITS 23 PAR NEIGHBORHOOD 34 UNRS 68 PAR NEIGHWRHO00 14 UN?5 33 PAR NEIGHBORrq(p 14 UNITS 33 PAR TOTAL 76 UNITS 157 PAI COLOR LEGEND rI SINGIESTI 1 APARTMEN I 1 WMIMLINIT I 0 1WOSTON APARTMEN ®GARAGES GMAGE$ UNIT MIX Mn nro nroFooM UNITS 1521 30%THREE BEDROOM UNITS (ZU TWO BE WOOLI T WT NITS SO FT 1 THREE BEDROOM FUT I1215 SO TWO BEDROOM TOWNHOUSE 0 0IM SO FT. -MO SO FT GARAC THRFE BEDROOM TOWMgUSE (1235 SO FT .440 SO IT, GARAE TOTI ONE COMMUNRv BUILD NO 12.11 157 TOTAL PARKING STALLS (21 C December 3, 2007 The Crossings at Washington (74 Units NPW) SCHEDULE OF FORECASTED SOURCES & USES OF FUNDS FOR THE PERIOD JANUARY 1 2007 THROUGH JANUARY 1 2062 SOURCES OF FUNDS Cash Residual Loans RDA Set Aside First Mortgage Deferred 9ev Note GP Equity County of kiverside HOME Funds AHP Engergy Sources Return from Sale of Tax Credits TOTAL SOURCES OF FUNDS USES OF FUNDS Land and quilding Acquisition Construction "Hard' Costs Contractor and Developer Fees Soft Costs TOTAL USES OF FUNDS Cost Impao Notes 18,300,000 Total $ 18,300,000 4,904,689 $ 111,778 100 750,000 350,000 8,834,631 33,2512197 5,439,879 20,162,954 3,279,072 4,369,291 $ 33,251,197 I. Includes LEEDS design and Certification 2. Includes project upgrades (i.e. granite countertops, etc.) 3. Includes Townhome design with garages, not a traditional apartment design and layout but more in lie with for sale condos. A 011R Page 3 of 17 PARTIAE, SCHEMATICSIT Page 4 of 17 is 019 Page 1 of 1 Roger Davila From: Doug Evans [Devans@la-quinta.org) Sent= Wednesday, November 28, 2007 5:38 PM To: Roger Davila Cc: Frank Spevacek; LeMoine-Bui, Allison Subject: MOU Attachments: Urban Housing - MOU.DOC Roger: We have been working on a draft MOU for your review. Frank and I need to talk to you about it because we know It is not as detailed as you have proposed. Simply stated the RDA cannot enter into a binding agreement of any type or name that commits the RDA to a development project and financing without going thru the CEQA process. The draft MOU is non -binding, general about the development, and represents a framework for developing an Affordable Housing Agreement, Site Development Permit and related entitlements. Additionally, If in theory the MOU wire binding we believe it would make gaining neighborhood support much more difficult since someone will waive the document to a group of homeowners and say something like 'this is a done deal and they are not Interested in our input.' The only way we were able to gain the support or lack of opposition to the CVHC project was to make it very clear that the RDA would not approve a project or funding of a project until the neighborhoods concern$ were fully addressed and resolved. As you know this neighborhood was able to object to a commercial project aantd get it relocated. We have talked about this on several occasions and frankly I feel even having a non - availablebinht be tomorrOU in ow. Befolace re 9AM or at 1become 10i1 wtorks beshat we t for me Fransh k is available until 2 M h!IL Let me know whenWe waou n ed to try and give you a call before the end of today but we did not finish the MOU until a few minutes ago. It is a draft document and we reserve the right to make edits since we have RDA staff that is reviewing it at the same time we send it to you. Thanks, Doug Doug Evatis Asst City ) forger Development Services City of La Ouinta Direct (7 ) 777-7031 Fax:(760)777-7101 aevan 1�. �nta � 021 Page 6 of 17 19/1 R/7!1(r7 Page 1 of 2 Roger Davila' From: Roger Davila Sent:l Friday, December 07, 2007 2:67 PM To: John Bigley Subject: FW: La Quinta SEC fyi Roger Davila Development Partner Urbana Housing Communities LLC 200011. Fourth, Suite 205 Santa Ana, CA 92705 Phon6 (714) 835-3966 Ext. 1 O4 Fax (714)835-3275 Cell (949) 266-7802 E-main rdavila@uhcllc.net From: Frank Spevacek [mailto:fspevacek@webrsg.com] Sent: Thursday, August 23, 2007 4:13 PM To: Rog r Davila Cr. Dou Evans; Deborah Powell Subje RE: La Qulnta SEC Hello Roger This is timely in that I discussed our Friday conversation with La Quinta staff and legal counsel yesterday morning. i Not good news. They reminded me that the City Council was dear about two items. First, we cannot Indude appy additional property transaction costs in the economic pro forma. The total property cost cannot exceed $14.00 per square foot Second, we will not move forward with preparing an agreement or addressing planning Issues until we settle the property cost question. Finally, the Agency drafts all agreements that Involve Agency transactions. I could send you a past agreement but having your attorney review it for this transaction will not speed up the process. We can move forward quickly with preparing an agreement once we have the business, points defined. rraXi wj. Spevacekv RSG, In . T.-714.`141.4585 x10g From: Roger Davila [mallth:rdavila@uhdlc.net] Sent: Thursday, August 23, 20071:39 PM To: Frank Spevacek Cc: dbigloy@uhdlc.net Subject: La Quinta SEC Frank, As we discussed we are negotiating with the seller to reduce the price of the land to $14 per square foot based on the surveyed acreage of 7.65 acres. One of the items we are struggling with is the delay In closing frIom the scheduled closing of April 19, 2007 until the anticipated closing date of Octobgr 19u'. 022 Page 7 of 17 �n ni,)nm Page 2 of 2 Our contract provided for the monthly payment of an extension fee calculated at 9.25% on the unpaid balance of the purchase price (after deduction of non-refundable deposits) and is not applicable to the purchase price. We need to be able to address this cost collectively (see below). We entered the contract in Sept 2006 and submitted our request to the City in November of 2006. Please give this some thought as we discussed and give me a call to discuss. Also, c n you send me in Word form a draft of a Housing Agreement so we can have our attorney complete a first draft while finish the seller amendment if we have a starting form we can redline the changes to make it easierfor everyone to review. I expect to have the seller matter resolved one way or another by the middle of next week and will send you a revised financial model wit the reduced land costs. April9 $ 41,064.43 may 20 June $0 $ 37,510.06 July 20 $ 37,610.06 Aug 220 37,610.06 Sept 20 $ 37,510.06 37.510.06 $ 228,614.73 Call with any questions. Regards? Call Roger Davila Development Partner Urban Housing Communities LLC 2000 E, Fourth Street, Suite 205 Santa Ana, CA 92706 Ph. (714) 835-3955 Ext.104 Fax (714) 835-3275 Cell (949) 266-7802 023 Page 8 of 17 1 �n ni�nn� DOZIER APPRAISAL COMPANY Retort and urban Property Appraisers Valuation and Fim whd Consultants M 350 EL PASEO. SURE X6 PALM DESERT, CALIFORNIA 9—no YMOND L DOZIER. MAI TEL (760) 7764210 C TEM GENERAL APPRAISER FAX ()Go) TG4977 L}CFZw'SE 8 AGMDO E Mal: dD4 aaNvaml®demea" ,July 2, 2007 City of La Quinta 'Attu: Mr. Tom, Genovese, Exec. Dix 78-495 Calls Tampico La Quinta, CA 92253 RE: Desk review of three separate was is" market value appraisals of a 7.48 acre vacant land parcel located on the SEC of 50th Avenue and Washington Street, La Quints, California' Mr. Genovese: This letter is an appraisal review I have (Dade regarding an 'three separate appraisal reports completed by: Appraisal No. 1 - Prepared by Mr. Noble R. Tucker, Jr. MAI as of May 11, 2007. Appraisal No. 2 - prepared by Pacific Commercial Group, Christopher J. Frye, MAI as of May 17, 2007. Appraisal No. 3 - Prepared by Capital Realty Analysts, Mr. Michael A. Scarcella, MAI as of March 25, 2007. The property is located on the SEC of 50th Avenue and ?ashington Street, La Quinta, California. The parcel is also J�nown as ARM 770-040-012, Riverside County, California. This appraisal review was made at the request and agreement between Dozier Appraisal Company (reviewer) and The City Of La Quinta, California, the client and intended user of the appraisal reviews. The purpose of each review is to develop and communicate an "Pinion or conclusion about the quality of each appraisal. the reviewer's opinion about the quality of the work under A 024 Page 9 of 17 Page 2 of 4 .ew includes addressing it completeness, relevance, •opriateness, and reasonableness, all in the context of the drements applicable to that work. The reviewer will -ess an opinion of value for the subject property based on data represented in the appraisals under review. The ctive date of the reviews is June 30, 2007. The use of the ews is to determine the correct "as is^ market value for subject property based on the data indicated in each The property rights being appraised establish the FM SIMPLE INTEREST of all future benefits that may be derived from the property's present or possible uses, except for existing elasements, and rights -of -way of record. The results of the three appraisals are as follows: APPRAISAL H & B USE UNIT OF COMPARISON FINAL VALUE 7- No. 1. Immediate $69,000/Paper unit $5,380,000 (Tucker) Development (78 potential units) NO. 2. Immediate (Frye) Development $70,676/Paper unit $5,230,000 (74 potential units) NO. 3. Hold for ($carcella) future development $450,000/acre $3,366,000 (did not use paper units of comparison) e subject property is a medium density (e units per acre) i -fill parcel with existing off -site improvements in place. Based on the current zoning, the parcel has a potential of 60 its. Bonus density is reasonably probable if a portion of tle development is sold or leased to low income users. praisal No. 1 (Tucker) applied two appraisal techniques; the s es comparison and the land residual. Mr. Tucker used seven c mparable sales ranging from $48,232 to $77,38o per paper It (unadjusted). The adjusted result was $69,000 per paper t or $5,380,000. The land residual method indicated a value o $5,850,000. Greatest weight was given the sale comparison approach with the final reconciled "as is" market value of $ ,380,000. .0 025 Page 10 of 17 ,Page 3 of 4 Appraisal No. 2 (Frye) used one appraisal technique; the sales (comparison approach. This approach first estimated the subject "as if complete" to superpad status (all off -sites and On -sites in place) which resulted in an "as if complete" market value of $6,S75,000 or $88,750/finished lot. He then subtracted the on -site development costs of $1,343,400 '($18,149/unit) to arrive at the "as is" market value of $5,230,000. Appraisal No 2 (Scarcella) used one appraisal technique; the sales comparison approach. Six sales were used but were analyzed using the wrong unit of comparison. Instead of using 4 price per paper unit, Mr. Scarcella mistakenly used the rice per acre. Consequently, the sales ranged from $127,877 o $544,570 per acre (unadjusted). No analysis was performed n the appraisal which resulted in a leap of faith value iesult of $450,000/acre or $3,360,000. This value result ndicates a $44,800/paper unit based on 75 potential units for the subject. Of the three appraisal, only Nos. 1 and 2 were useful in following the appraisal process to the conclusion of value. ppraisal No. 3 was strictly a "Restricted" report with no meaningful analysis or data, resulting in a misleading conclusion. USPAP (Uniform Standards of Professional Appraisal Practice) strictly forbid reporting an appraisal in a restricted report format to a city government. These types of reports are for one person only, not a governmental agency where one person does not make a buying or selling decision. consequently, of the two remaining appraisal Nos. 1 and 2, both performed analyses that replicated the way the market d rives a market value of the land. First of all, these two a praiser's accurately identified the market (buyers) as potential developer's because the highest and best use lysisin these two appraisals indicated the subject was F:dy for immediate development. Unfortunately, appraisal No. (Scarcella) incorrectly concluded the subject's highest and bt use was to hold for future development. This means only s rt to mid-term land speculators would be the market (buyers) for the subject property. This inaccurate conclusion i possibly the major reason his appraisal result was significantly lower than the other two appraisals. Tuhowledgeable buyers for this type of property generally look first at the potential price point (finished dwelling and lot selling price) of a condominium or PUD type of development concept. This price point is based on the demographics of the immediate neighborhood. The subject's location would most likely warrant a retail sale price of a finished dwelling and • 026 Page 11 of 17 (Page 4 of 4 �ot in the $400,000 to $425,0o0 price range. Approximately 30W of this sale price ($120,000 to $127,500/lot) is attributable to the dwellings finished lot and it's roportionate share of the common area amenities. Because the ff-site improvements are already in place, only on -site mpmvements are necessary to prepare the subject to super pad status. Appraisal No. 2 indicated this cost at $1,343,400 r $18,154 per lot- Adding additional costs such as final n-tracts (access and parking) and amenities (clubhouse, ls, etc.) would add another $10,000 per lot. Lastly, adding eveloper s profit, overhead, interest carry and other soft osts for entitlements would amount to another $20,000 per ot. Adding these costs to the appraised "as is" market value Of the parcel at $70,000 per paper lot, as indicated by Appraisal Nos 1 and 2, indicates a finished lot value of 108,154 per lot ($70,000 + $18,154 + $10,0oo + $10,000). The tail market value of each finished lot if sold to 74 geparate purchasers would be $123,000 per finished lot (30% of e price point of $410,000 including the dwelling). If all 74 finished lots were sold to a single purchaser (builder), the discount would be approximately 12* off the aggregate retail or $108,240 per lot. This bulk or Wholesale market value of the finished lots to one buyer would recapture all the developer's agents of production, is. land, labor, capital and developer's profit. Consequently, it appears Appraisal Nos. 1 and 2 accurately reflect the subject's "as is" market value at approximately $V0,000 per paper unit or $5,250,000, based on a 75 lot potential. 13 ed upon my investigation and analysis of the data gathered w#th respect to this assignment, I have formed the opinion tat the "As Is" Market Value of the subject parcel, as of the effective date of May 17, 2007 (Retrospective), is measured in the amount of: $5,250,000 (FIVE MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS) Reasonable exposure time necessary to sell this property to a single purchaser prior to the date of this appraisal is estimated at 4 to 8 months. spectfull R L. ter, MAI date Certified General Real Estate Appraiser CA. Cert. No. AGo04590 RL�7 : sr '.9 027 Page 12 of 17 TR.+. 0"I tlw PMAE 6 T.5S..R.7E CIA'6U UWA 9 o� 770.04 Ttl9 1 o � 1 s gltas ti s d� a� O Mwuw +RiM41jf IGe IRY �i. auu:a re.b. mu. Fffi N ti4JfH1 PdlpB.iF illB FED a 6 a01 023 Page 13 of 17 1 CERTINCAUON I cc* that, to the best of my knowledge and belief: • The statements of fact contained in this report are true and correct • The reported analyses, opinions, and conclusions are limited only by the reported assurmptions and limiting conditions, and are my personal, unbiased professional analyses, opinions, and conclusions. • 1 have no present or prospective interest in the property that is the subject of this report, and I bane no personal interest or bias with respect to the patties involved. I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. • My engagement in this assignment was not contingent upon developing or reporting pre -determined results. • My compensation is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of stipulated result, or the occurrence of a subsequent event. MY analyses, opinions, and conclusions were developed, and this report has been prepared in Conformity with. the Uniform Standards ofWafessional Appraisal Practice. • I have made a personal inspection of the property that is the subject ofthis report. • No one provided significant professional assistance to the person signing ibis report. • The appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan. • I certify that, to the best of my knowledge and babel; the repotted aalyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Prohmonah Ethics and the Standards ofProfessionei Appraisal Practice of the Appraisal Ins lmn. • I certify that the use of rhis report is subject to the requirements of Ste Appraisal Institute relating to teview by its duly authorized representatives. • As of the slate of this report I: Raymond L. Dozier, AM have completed the requirements of the !continuing educationprogram ofthe Appraisal Institute. Raymot� L. Doziey MAI State Certified General Real Estate Appraiser CA. Cert. No. AGO04590 DOZER APPRAISAL COMPANY Palm Deart, California ,a 029 Page 14 of 17 UHC Information 030 Page 15 of 17 C„ _L .e 6f� 2000 E. Fourth St. URBAN 'suite#205 HOUSING liSanta Ana, CA 92705 !!;i'41t'tif!,4 (714)835-3955 Transforming Communities Through Housing Welcome Urban dousing Communities LLC (UHC), an affordable housing development partner of Morgan Stanley, specializes in multi -family and senior housing facilities in California and Hawaii. With each project,' we build a community where r�sidents become neighbors as they enjoy activities, socialize and benefit from social programs such a'$ health and wellness The Crossings at 2Wh Street, Los Angeles services,) extended learning classes, job training, child-care centers, credit counseling, home buyer "in our view, a commitment to housing, in its broadest sense, assistance programs, and other is the single most important contribution a community can life-enhajncing services. make to improve itself and, therefore, must be a priority." — David Bigley Together UHC collaborates with local community groups, government agencies, not -for -profit organizations, for profit enterprises, and investors and lenders that share a passion and/or need to engage and answer the call for affordable housing. Combining the thoughts, efforts, skills and resources of UHC and Morgan Stanley with these organizations, we set out a collective plan and deliver a brand of housing and services --� that transforms communities. 0IN Go`e, ' U—JKC co s� poi• �e o� ode,-S N "ENTM DRW S C Our approach is resourceful and proven. In addition to applying our expertise in tax-exempt bond financing, we combine the sale of low income housing tax credits with city, county, state and federal affordable housing programs. This practical approach creates financial capacity that would be unattainable through conventional financing methods. UHC's project management team coordinates the various aspects of affordable housing endeavors and oversees fundamental development activities such as financial engineering, site selection, market research, entitlement and architectural planning, budgets, contractor selection, construction, compliance and management after completion. Page 11 Page 16 of 17 s Oil (,(,®)>p'(C( 2000 E. Fourth St, URBAN' _s5 Suite #20 HOUSINGSanta Ana, CA 9270s T6iw( 7fIL_S ' (714) 835-3955 Benefits Assessment and fulfillment of housing requirements. Cities and counties can work I with UHC representatives to coordinate the resources necessary to meet rnandated housing requirements. Industry Experience. The professionals of UHC have deep experience in both general and niche issues related to affordable housing. Experience in California and Hawaii. UHC has been successful in complex building environments. Established lender and tax credit investor relation hips. UHC has the appropriate financink partners, including Morgan Stanley, to support affordable housing projects, Dedication to quality. We employ award - winning architecture firms and experienced general contractors that specialize in multi- family and senior housing. Fulfillment of residents needs. UHC has the resources to provide necessary onsite services that address the specific needs of resident$. Our Credlentiats Our mission is to strengthen and sustain communities by providing a foundation for a lifetime of health, happiness, and contribution. We care. Everyone at UHC is committed to the idea that we make a difference in people's lives and they make a difference in ours. UHC was formed in 2003 by key executives of AIG SunAmerica, ASL Housing, and Heritage Community Housing. Since then, they have been joined by professionals from KB Home, CalFed Bank (acquired by Citibank) and the California State University system resulting in a combined experience in either the financing or developing of approximately 10,000 housing units across California and Hawaii. Executives of UHC have developed over $500 million in affordable housing. Page 12 Page 17 of 17 COUNCIL/RDA MEETING DATE: December 18, 2007 ITEM TITLE: Demand Register Dated December 18, 2007 RECOMMENDATION: Approve Demand Register Dated December 18, 2007 BACKGROUND: Prepaid Warrants: 75823 - 758491 75850 - 75872) Voids} Wire Transfers} P/R 34100 - 34155) P/R Tax Transfers} Payable Warrants: 75873 - 76015) FISCAL IMPLICATIONS: Demand of Cash -City �w Demand of Cash - RDA John M. Falconer, Finance Director 24, 814.09 1,105,324.19 (2,595.00) 1, 219, 300.48 295,276.89 96,250.37 1,016,410.30 $3,754,781.32 $2,529,068.73 $1,225,712.59 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING U 033 CITY OF 0 QUINTA BANK TRANSACTIONS 11/28/07 - 12/11/07 11/30/01 WIRE TRANSFER - LAND ACQUISITION $1,057,680.00 12/03/0 WIRE TRANSFER - PERS $54,934.70 12/03//0% WIRE TRANSFER - PERS $2,561.51 12/03/01 WIRE TRANSFER - ICMA $1,235.32 12/04/0 WIRE TRANSFER - HEALTH PREMIUM $85,407.84 12/05/0# WIRE TRANSFER - PROPERTY ACQUISITION $14,040.00 12/06/0j WIRE TRANSFER - ICMA $3,441.11 TOTAL WIRE TRANSFER OUT $1,219,300.48 034 N N O O O O O M O \ I Y J O V P O In O v O O O 00 I V Q O O vl In vlO O O O O Ix0 wNC I UF' M N M b y O W 1 N Q m 1 N a L I G z I OZ I I KH I WK I 10 I 1 6 I I OW IHzI IOFI z ILWI O I Q. I MPA M•O��N NNN O�D�D`ON 000000000 000 00 00 00 O 00 O O I NNd � NCO `OP 000000000 Oln In 00 00 ONO V IWUI V I Uy I NMOOOAOP NN�i MNNNO . 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MO Mw .OM �f ry ADD �Ow OC6O1 Z�-1 I om Om NN NM NOD Nn A� NN �tm A£ NO P£ ON rO 1 I MW NO NW OOD MD MA N— —W 0W wog W O f I Z Z I zz O> Or- O> O r = O< 0� O P O> K K�-1 I wra 1 00 Or 00 00 0 0 00 O¢ OM 00 66U I > 11 OZ 00 OZ 00 Or- O> Or OZ :2 072 i 01 ca _ NOF CK4' COUNC,IL/RDA MEETING DATE: December 18, 2007 AGENDA CATEGORY: ITEM T TLE: Receive and File Treasurer's Report BUSINESS SESSION: dated October 31, 2007 CONSENT CALENDAR: OIL STUDY SESSION: _ PUBLIC HEARING: RECOOMENDATION: Receive and File. BACK?ROUND AND OVERVIEW: Transmittal of Treasurer's Report dated October 31, 2007 for the City of La Quintah 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. RespecItfully submitted, John M. Falconer, Finance Director A , 073 Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Treasurer's Report, City of La Quinta .0 . 074 2 ATTACHMENT 1 MEMORANDUM TO La Quinta City Council FROM John M Falconer, Finance Director/Treasurer SUBJECT ITreasurer's Report for October 31, 2007 DATE November 30, 2007 Attached is the Treasurer's Report for the month ending October 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 nt Be innin Purchased Notes Sold/Matured Other Endin Chan e Cash $ (1,202,083) $ 834,264 (1) $ (367,819) $ 834,264 Treasuries (2) 7Haper 46,303,085 53,362,004 630,531 (8,300,000) 0 38,633,616 7669,469 (' ) Spohsored Enterprises (2) 54,526,768 215,653 53,577,657 215,653 ial paper(2) Noes 19,874,654 10,000,000 (10,000,000) 93,991 (29,411) 54,620,759 19,845,243 93,991 (29,411) 7,928,243 6,884,010 7 4,878 7,933,121 4,878nds 187,676,681 $ 11,464,795 501707 $ 18,801,707 $ 285,711 6,382,303 $ 180,624,880 501707$ $ 7,051,801) I certify that this report accurately reflects all pooled investments and is in compliance with the California Government 0jode; and is in conformity with the City Investment Policy. As Treasurer Of the City of La Quint,, 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 6 John M Falco er Finance Directpr/Treasurer (Z 3 Zo07 Date Footnote (1) The amouht 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 warrant are presented for payment by the payee at the bank. 073 3 / ® \ \ \\\ \ \ \ ( ! ; § )> 77 \(\\\\ (\\\\ } \ ( \ \CDCP }}w 076 L, I Treasurer's Commentary For the Mgnth of October Cash Balances — The portfolio size decreased by $7.0 million to $180.6 million. The major reasons for the decrease were construction payments for the City Hall expansion and the Vista Dunes Courtyard Homes project. Investment Activity — The average maturity of the portfolio decreased slightly by 13 days toll days at the end of October. The six month US Treasury benchmark continues to decline based upon investors fears and ended October at 3.95%. The Treasurer follows a buy and hold investment policy and has not sold investments before maturity to take advantage'of market conditions. The Portfolio does contain Commercial Holdings in Merrill Lynch and',AEG which have been in the financial news regarding their write-offs of sub -prime mortgages and intends to hold the investments which mature in January 2008 to maturity. In addition, Freddie Mac has been in the news in regards to sub -prime exposure. The Treasurer intends to hold these securites to maturity as well. The sweep account earned $4,772 in interest income for the month of October and the bank fees for the month were $ 2,041 which resulted in a net increase of $ 2,731 in real savings. Portfolio Performance — The overall portfolio performance decreased by four basis points from the prior month and ended at 5.02% for the month, with the pooled cash investments yielding 5.11 %. The overall portfolio yield (including bond proceeds) was one hundred seven 0 07) basisi points over the benchmark, which has increased by one (one) basis point from the (106) basis point difference in September. With the average maturity of 116 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 will gradually be falling. At this time last year, the portfolio was yielding 5.01 % and the benchmark was at 4.96% for virtually no difference so we have made significant 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 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 481" and Adams. Future Thogghts 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. Maturing GSE's will be rolled over to the highest yield on curve taking into consideration cash flow needs or in medium term notes. A' 077 5 �o��Siii boo k3�o V�3zzzzz33i "33z"zzzz �,�oobaa oob ebaas e`,8 oaaa _-xx#mmxxxx _=saaacNs�a = e�vog xxx aze�� xxxx x x m3�� `=meSH&8me Nee oS iB„ao; SSrS ggS £z"BaB 5°LL 80888o8a8 g�88 80880 $ 8800sssago saa8 's`s's'sa' S �� na - rvv,�' hj �i 99Ev 2�00 �ffiao mSr y of >' a3 a3 53 Ev- zz a- X x= x= Xx x �3am88$"-fig xoxxsxxxx '$g�89, +:: xxxx �anx v a"mss`x z��sk ep� u�s3m � "22m 9 umm a 4EY 4mm J.a 60 &aaiLLciLLLLo °wow �i ge' -_-_ V� 4 V V =»»g »zY >>1> >TT> g» 8'z �mE YQ h4oy"o" EE9d o"oF �Q guc �s yajTTT aa'S�6 *6 EX6 2E »>TYy J c Fa S@ >i 3 EYYiY QN LL o� e9i ii�€.LE€i�g �`EEdE ME6 3 E �€LL $�3allo �g g Eibbbbbbbbay zzzzzzz �zzzz 25xsb_ Eho85x zz u` E.o $zsJ uu gF A 073 !.$ !!{ /------------------- /\ !))()[))(())()()()(( 1------------------- jeeeeesese, ! 1,.1;,1.1.!\|�, .4 079 m rn o 0 o ro c o 0 0 o co n n m o o oi O O N 000 O NI. m Q in O o V Q (nD V W N a zui y `;. L6 z n�om o w w _T O N M _T O W W N m r N } (DR } OJ M 0 a V O V n n n 0 n n n n n n n 00 00 0 0 0 N ON N N N N N A N N N N N 0 N N M N N 0 N O O O O O O O O O O O mo m o0000000 j d N O O oc W (O r m 0 0 0 0 0 0 0 o f O. O O m 0 le 6 0 0 0 0 0 0 0 N ' V C M O O O N W to V ' V c 0 LO0 0 0 0 0 O O ON O� V Nw O M N LO IO N C OD IL .�_.�Vv c w m N N N m W c N ll a m m m c 9 m M a a mm a a o 0 6-- y y _ to -- 0 0 0 0 0 aw `° — CL.6 m maaaaa g T r m 0 0 r c m o a a m c m m m m m o m c �EE00 �EE�� m 6 U)(—n F� F UUU 7 7 m O) c m L U o m p1 m � N C U 6 O C U N R V a) N N 0 U m U ILm U O 3 m c o E cmi L o m a rn o c a E rn a a n? �' E c c Z 0 c Z d c m a m c d m a d E a t� m acidm L m a E U E w a U w E E -o c C 06 N U C C O .�. C KJ U N_ E C - CJCD« LLG N �NT�_TTZ_0 L� C OOCC�W a) O s— s 0 s 0 0 0 U w m O-- O a y d E LL 0 LLLL �m y m E 0 E E li iLL LL @ m m E L c m L a) Q Q O D m L m m-- J 0 C % v O C O =zC)ZZ �r =zUnxggggg �r SaaJ�� .i 089 s a N _ a P u u :°dsndgE `o s'g8'6 `q o ua - nr N OvE E = v q AE"_s A _ � saEE°'w„6zy a C a �m a O V U'U'O ��Qg=UW�m`�V12N UO 4LLON �SmmIN �.N$N o,.a aN N^m `ems 'am ^fie _ M»mmANi pnnnn �m o v^ m v=e<mm�^� vg �km ameNi 5 o oq N o-'fm oN - r,mmm E„n m_m `8ry �rvyo�ry E Ew z° z° INmg - �mfa gN ��mN�e�o gNNmN �m��m, -vNN� Nw N (gym N t-N, N- NNNI Nm 000$m h�n:xd g MIN,ov e� c mSmm e� o�a�mw�Nm gmmmm� �m og�G� 8ommm �v ov yy i hiEw? c 'dodo S o'EEzc n:um8'=- mn°Oru4o 81O mnc ro8g- mod✓, E.. ma�c?"8„- �-y mTI EnNNE�'o n .._ N ✓,E`=- nNnNE -- F UNJJ4VZF rUNJJdUEF FVI/J'J¢UEF U 7J6VEr� A' OS1 CM of La puma RemnglNbon of Actual and Surplus FUNS CMRedevelopment Agency and flnancirq AutNmy OMcer 31, 2007 Banened of Actual Funds 180,824,860 tesa Petry cash Funds Less N. Surplus Funds (1,129fiM Balance of SUOAw FUMa S 17939]2] ) CI Cash 6lmeshrrams 'pre mounts Surlus T Bk SurYesAvadabNl Y¢s M TebargoemanO$FrBoSwaapa0OemaMtjp.l.�A oNe slO¢maM358]935B)9Bank Acmun6 $ 36),819 $ J5.W9 $ - $ 35,B]9 U B Tr¢dsury C Olan-AvailabJ Sur lus Issuer? a AnwNzeO Value Surplus ,as Ad So, Yes T Iel-US Terfeurry F�FFILBdC B,92M1.Oi3 Bank 6f New York-O¢maM Yee �,9990]3 t,9AJ,W3 Bankpf New YOA�CemaM Ves FFCB d,93>,101 6,93],101 493i.1% BdnF pf New York Demand Yes Fredtli¢Maz 6414,601' d,d14,601 4,414601 Bank New VOA-CemaN Yes FNLB [9W.532 7,07.532 ),99),532 ppl Year FHLB 991 Star Bank pi New YOA Demand you FFOB g97l,N2 g'g91'� pool. Bank Of New VoA-Oemand I Yes I US 3,M7.M6 Prunse Conradmn Commercial Paper - AvaAabll Strafe Issuer? Book Vance Surplus Yes Ad Sulphur Yes Bank INew YOAOemaM Yes N¢su¢ d.9i3,1]9 69I3,P9 d9]3,1]9 Bank (N¢w York-pemaN Tes PmgerBGambk d9]3,991 6,9]3,891 d.9]3,991 Bank INew YorF-Demand Yes Merctll LyrrM1 d.9d8,8o0 1,9606W d,91860f Banh INew YOrk-pemaN Yes AIR Funds Inc d9d9 d69 4W946 g969,d69 Total- came Commercial Pa r t9,865,2d3 19,815249 19,Bd52tl Local eery lnveNment Fund Surplus Surplus AvadabA Sut lus T Book Yes Ad Yes LAFe —CM-Oemand Yes Slate Pwl 3T,96),613 3],96I,d13 (1,6J1306) 36.336,169 IA FF-" -Demand Yes State PZ 6W,203 866203 666203 mdl -alud Popl I30,6JJ.818 J0633616 1,6J120d 3I,6@,312 Totjl CRf lnveslmerda Total City Cash 8lnsuarre Ma Fla A enl lnveshneMs 121,013,]99I 121,032,b9 1.631A04 fl9,601,d]5 110,666,930I iN.M ,619 1.631.30,1H9,6]],J16 Pe Ip-Cry lnveson¢nt5 Amatllz¢d Surplus Surplus C IWmn - Ave labn SuI lus Iasper? Value Yes Ad Yes BanpUlP Yes UST 13,,SW$,0 13,90],950ROAU 1213511,,9,99e0M515]0,,,291356510630 nns¢AS USTreauBtl sry 5911.111 5,90d,11d2Z 2Winnc¢ANIP Yes USTorsos 191024 11,910243 26eN 0A= -0IP Yea US Trea 5,3Wi 21 M630 TotalU 3 Toaster, 1 53$7],65] 535]].65] 53.A],fiA Po Tr,seen-AvelabN oIb-Manual Funds Su lus Money Marpi Manual Food Book I.I. Surplus Ves Atl Surplus Yes Cins r n[¢rUSBenk-Pml¢ct YES 151 Amencan 458 dye 456 Cmc Ce ter U S Bank-Ce61 Svc YES 1st Amencan 1996R AUS Bank-0eM Sva YES im Amencan 1995 RDA U S Bank -CIP VES 1st Amencan 1995 R0 USBank- Speo.I FUM YES 151 Amencan 200d FmA h-190 US Bank-E. YES 1A Amencan 1996RDA U S Bank CIP YES lst Amencan 1998R AUSBank-O61 Svc TES 151 Amencan 1998 R0 USBank-deacon Fund YES 151 Amencan UP" IRUA U S Bank-CIP YES 1m Amerman - 2001RmAU5Baok'pmdvc YES iN Amencan 21W1 )2DA US Bank -CIP YES 19 Amonoen 2M2 RmA US Bank OM Svc YES 1, Am¢Nan - - 2002 OA US Bank-CIP YES 151 Am our 2.747,466 2,]d],dM 2i47,466 2003 Tax bk ROA US Bank OS YES 1M Amencan 203Tda bl¢ROAU 5 Bark COI YES 15(Amenas 2003 ivabk ROAU S Banh-CIP YES iStAmencan - - - 20MFj1Au0U58ank-CIP YES i:eAmenwn 3,634.379 3SM 379 3,634379 2W4 FIh ANh US Bank � C01 YES 1st Amencan MOM[ Manual Fund 6,382.30J 8.382,303 6,382.303 Total Focal Apant InveaMeMa Grand Total MRSB,960 190,6Id.9901 191,028,5/9 1,631.$0 Sutplua No Act Surplus No All Furgs equal% Smplus Y¢S $ (963,)66) $ 2,1W396 $ 1226," 559.09) f (559,090) - 1.000 1p00 $ d03698 $ 1,631,3M E 1.22),606 A20]6X 00200X Surplus No Ad, Surplus No All Funtls Actual% Smplus Yes 00000% 0Wom. Surylus No an I Surplus No All Furtls Actual % Smplus You 302399% 304468% SuplusSmplus No AO No FuNs Actual% Su rplus Ves 71AII 63920% 66221% Surplus NO Ad Surplus NO All Actuuralal% Suplus Y¢S ID 9W0%T11062 ry 6] 00]6X fifi 55)OX 60],fi90 1.Bl1,JM 11.23],BM 66.BM2% 665]]OY. Surplus No Art Surplus No All Funds Actual% Surplus Yes 29 6626% 29 all Surplus No A6 Surplus No An Funds Actual% Surplus Yes 35335% 1596°b 403,690 1.6i1.]M I121],809 1M OOM ID00000•k 9S 082 10 n N� o W PN b O 0 mm N C6 N 0 M m N" N N P N(0 NC�C'1� M r N a qo id °^ v'riawm m N N 0 4 e INo z O I(1 r oroi' O N m N m `oL QmP N mr�o N;e N < rNNaPoi e om � d _ a m ooro oe0mm� N vo m '�pO Nm o��`p^ ym M pm Aj0 IPO F!ON�` m Nci e e y r NNm N ON oaioNmiO n f m LL I1LL N M N N P N m N v dO Oml N N N N M { N{pp m T N T i C m n 4 Nm OOi N O vl N n N e V a �+ n O N M N Ip m N � tN+l O be O'er tN0 d E 1O N -m u N NNa o— n j N 0 tm+l r m e- P N VtN0 N m 1m N V � q N M N n y iz m q n b m• N (md- n aV 0 f0 C M N D m N N 0 m m 10 N � N c Nr � e0 c�� l ry N O tN+l F i d C L E N I O j C L F N C d J C y v m m d m a N U m c wii E'co�y a 105 n m am W0 ML 0U❑r 2 U W Z C 0 cZ v m Z 08,3 11 46 E E v, v, m U Q v > u m m a LL O OIOm j• `o_ aa,m Za E Eo `Ec m� use Q`QaWQ>g �oornn'?m �uO1ionm�m Q t�J N O T n m N •' °1 Nuoim m�nm o � iD pni 0 N O p°'m amm<ry N z o n N p O N N O N m P N M N V noroMe�o�, N •D N O� N P M m M d Q d M M m d �n�v°�iMadm d E E E E E E E E E E E E m m m ry d v >> v > m >> c N�`m tca`i UQE UQm pQS UQ¢E paE pQ� > a°LLaa a°u.3rc aLL¢rc_ a°LLaw a°"u.a rc,_ aLLaw,_ O O O m T O O O m T O O O m O O O m T O O O m 9 O O O m m� ` m m y 3 E `E `m m m m y g `m E E d.� w w E `m 1p w E E E m 'c w w w w w w F- w F w w F% F dN;,c�m vdv=sN vm'vcau N" N NNN=.2 a� C dN" d$vciu N N mwm�_im r O F1 ED O `y LL N 10 j j O a' C v LL �� j° R a C C LL 7 7 0 LL O 7>> N C C C N LL aQ`a�n C C C a`a`a`N a>5 C d dr d`Qm Q>5 C C y a`a`Q`ya'S Q`aa`w Q>- Q'� a`d`a`m Q>5 Q 084 12 m m r A v a U � x rNL 1 N m E � a y a£i a a � N (n C W N tl A c Q tll 7 m • Q y c • E N N L � c Y C C d f� G Q v N_ T W � rn C W a m c 17Q N C � I N c E O m O c y N ` t N � U m •� r+ V d 0 a � L c J C 7 w w t o o e o o e o o a V N O o O O O C O m O I M N V r O i IL 1 I I i 085 I 1 i i• i I � I 1 1 I I• I 1 I � I I I I I I i I 1 I 1• I 1 I I I I 6 13 W-dv 4 1w494kr�, COUNCIL/RDA MEETING DATE: December 18, 2007 ITEM TITLE: Receive and File Revenue and Expenditure Report dated October 31, 2007 RECOMMENDATION: Receive and File BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Transmittal of the October 31, 2007 Statement of Revenue and Expenditures for the City of La Quinta. Respectfully submitted, John M. Falconer, Finance Director -A—p�proved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Revenue and Expenditures, October 31, 2007 ATTACHMENT 1 CITY OF LA QUINTA REVENUES-ALLFUNDS 0710112007 - 1013112007 BUDGET RECEIVED RECEIVED l $38,248, 99900 $6,046,00280 1580% 2,045,70000 8,97809 040% Revenue 756,20000 263.15625 3480% rAssistance Assistance 164,800 00 0 00 000% nt 10,60700 000 0.00% ops) Revenue 100,40000 13328 010% aming 190,75000 000 000% & Landscaping 916.50000 000 000% 2,327,40000 000 000% Development Funding 000 000 000% Cnme Violent Task Force 101.50000 36,57192 3600% AS 939 54.800 00 10,633 39 19 40% Quimby 1,438,00000 257.76575 1790% Infrastructure 6,30000 3,87291 61.50% SB 1266 243,600.00 000 0 00 % South Coast Air Quality 56,90000 13,64674 2400% Transportation 1,339,10000 404,87871 3020% Parks & Recreation 334,50000 64,154,00 1920% Civic Center 263,10000 106,514.95 4050% Library Development 133,00000 24,09500 Is 10% Community Center 74.900.00 10,16419 13.60% Street Facility 84,186 00 15.801 73 18 80 % Park Facility 11,60000 2,60023 2240% Fire Protection Facility 27,00000 12,17172 4510% Arts In Public Places 113,90000 38,01768 3340% Interest Allocation 000 789.27696 000% Capital Improvement 151,051.66700 10,022,804.45 6.60% Equipment Replacement 737,48300 624,02623 84.60% Information Technology 546,02600 531,891.65 9740% Park Equipment& Facility 430,29000 398,80829 9270% SAverRock Golf 3,587,30600 460,47783 1280% SilverRock Golf Reserve 71,446 00 74030 1 00 % LQ Public Safety Officer 260000 2,11875 81 50% La Quints Financing Authority 6.617,686 00 4,282,950 35 64 70% RDA Project Area No 1 89,138,11700 4,207.17728 470% RDA Project Area No 2 33,817,04600 2,135,49096 630% Total $335,043 30 000 $30, 774,922 39 9 20 ira 087 2 CITY OF LA OUINTA EXPENDITURES - ALL FUNDS 07/01/2007-10/3112007 FUNDS BUDGET EXPENDITURES ENCUMBERED BUDGETTO% erary Library 39,25t,82300 804,7 396 89, 28 21 31, 357,82383 Gas Tax 5,416,310 00 964.804 19 000 4,451,505 81 Federal Assistance 576.760 00 685,921 00 151,779 42 000 424,980 58 JAGG JAG Grant 10,60700 000 000 000 685,921 0000% Sles( (Cops) Revenue 100.400.00 000 000 000 10,60700 Indian Gaming 201.142.00 8,25480 0.00 100.400 00 192,887 20 Lighting 8 Landscaping RCTC 916,50000 305,500 00 000 611,000 00 Development Agreement 1,882,240.00 000 000 0.00 1,882,24000 CV Violent Crime Task Force 57,100 00 000 14,719.58 000 000 000 42,380 42 25 8 % AS 939 Quimby 238,500 00 13,120 56 000 225,379 44 5 5% Infrastructure 8,572,10000 000 000 8,540,10000 00% SB 1266 500,22100 8,30288 000 491,91812 17% South Coast Art Quality 0.00 26.600.00 000 5,38623 000 D OD 000 21,213 77 00% 20 2 % Transportation Parks 8 Recreation 7,753,570 00 158,662 72 000 7,594,907 28 2 0% Civic Center 000 6,443,426 00 24,002.08 3,429.462 92 0.00 000 (24,002.08) 3,013,963 08 00% 53 2 % Library Development 000 26,229 33 000 (26,229 33) 00% Community Center 000 000 000 000 00% Street Facility 385,825 00 27,399 27 000 358,425 73 7 1 % Park Facility 28,886 00 000 000 28,886 00 00% Fire Protection 000 12,23347 000 (12,23347) 00% Arts In Public Places 888,450 00 22,544 25 100 865,905 75 2 5% Interest Allocation 000 000 000 000 00% Capital Improvement 151,051.66700 10,022,80445 548,16788 140,480.69467 66% Equipment Replacement 1,746,97200 126,07168 37,87397 1,583,02635 72% Information Technology 710,825 00 123,800 83 5,757 94 581,266 23 17 4 % Park Maintenance Facility 000 000 000 000 00% SilverRock Golf 4,414,08700 1,087,53472 25,50000 3,301,05228 246% StiverRock Reserve 000 000 000 000 00% Lq Public Safety Officer 2,00000 000 000 2,00000 00% La Quetta Financing Authority 6,618,486 00 4,288,235S4 000 2,330.250 46 64 8 % RDA Project Area No 1 145.235,809 00 19,280,656 97 25,975 00 125,929,177 03 13 3 % RDA Project Area No 2 69,635,013 00 9.771,251 33 000 59,863 761 67 14 0 % oa CITY OF LA OUINTA GENERAL FUND REVENUES DETAIL 07/0112007 - 10/31/2007 TAXES: Property Tax No Low Property Tax Distribution Sales Tax Sales Tax Reimbursement Document Transfer Tax Transient Occupancy Tax Transient Occupancy Tax- Mitigation M Franchise Tax TOTAL TAXES LICENSE & PERMITS: Business License Animal License Buildmg Permits Plumbing Permits Mechanical Permits Electrical Permits Garage Sale Permits Misc Permits TOTAL LICENSES & PERMITS FEES: Sale of Maps & Publications Community Services Fees Finance Bldg & Safety Fees Community Development Fees Public Works Fees TOTAL FEES INTERGOVERNMENTAL Motor Vehicle In -Lieu Motor Vehicle Code Fines Parking Violations Misc. Fines AB939 Federal Govt Grants County of Riverside Grant State of California Grant Fire Services Credit CSA152 Assessment TOTAL INTERGOVERNMENTAL INTEREST MISCELLANEOUS Miscellaneous Revenue Assmnt Dist Surplus Other Mitigation Measures Litigation settlement Cash Over/(Shod) TOTAL MISCELLANEOUS TRANSFERIN TOTAL GENERAL FUND REMAINING BUDGET RECEIVED BUDGET 1,763,100.00 119.959 70 1,643.140.30 2,620.500,00 117,68742 2,502,812.58 7.188,00000 1,832,270.30 5,355,729.70 2,396,00000 000 2,396,000.00 1,017,20000 178.91957 838,28043 5.479,10000 578.79764 4.900,302.36 f 298.900 00 000 298,900 00 1,657,70000 303,26788 1354,43212 22,420,50000 3.130,90251 19,289,597.49 322,20000 85,49120 236,705.80 18,500 00 6,97350 11,526 50 558,600 00 228,777.38 329,822 62 84,40000 32.55825 51,84175 65,50000 21,74250 43,75750 47,60000 32,46787 15,13213 11,000 00 5,10000 5,90000 183,20000 49,685.22 133,51478 1,291,00000 462,79592 828,204.08 3,90000 87380 3,02620 421,35000 190,34683 231,00317 1,45000 28500 1.16500 377,10000 202,99859 174,10141 222,400 00 46,380 00 176,020 00 501,200 00 413,339 50 87,860 50 1,527,40000 854,22372 673,17628 3,138,40000 63,14407 3.075,25593 86,400.00 27,16667 59,23333 55.900 00 8,803 00 47,097 00 125,200 00 43,496 03 81.703 97 000 000 000 000 0.00 000 000 0.00 000 8,60000 12,896.78 (4,29678) 4,862,10000 39,96463 4,822.135.37 210,00000 218,54571 (854571) 8,486,600 00 414,016 89 8.072,583 It 4,152,90000 1,171,92259 2,980,97741 28,300 00 3.90907 24,390 93 000 000 000 000 0.00 000 0.00 0.00 0.00 5000 (22 70) 7270 28,350 00 3.88637 24,463.63 342,149 00 8 254 80 333,89420 38,248,89900 6,046,00280 32.202,89620 A ' 089 n CITY OF LA OUINTA ALL OTHER FUNDS REVENUE DETAIL LIBRARY: County of Riverside Contributions Interest TOTAL LIBRARY GAS TAX REVENUE: Section 2105 Section 2106 Section 2107 Section 2107 5 Traffic Congestion Relief Interest TOTAL GAS TAX FEDERAL ASSISTANCE REVENUE: CDBG Grant Interest TOTAL FEDERAL ASSISTANCE JAG GRANT Grant Revenue Interest TOTAL JAG GRANT SLESF(COPS)REVENUE: SLESF (Cops) Funding Interest TOTAL SLESF (COPS) REMAINING BUDGET RECEIVED BUDGET 2,000.700 00 000 2,000.700 00 000 000 000 45,000 00 8,97809 36.021 91 2.045.70000 8.97809 2,036.721, 91 243,000 00 85,009.79 157,990 21 170,400.00 56,120.25 114,279 75 323.500.00 115,887 31 207,612 69 6.20000 6,00000 20000 000 000 000 13,100 00 13890 12,961 10 756,20000 263,15625 493,04375 164,800 00 0.00 164,800 00 000 0.00 000 164,800 00 000 164,800 00 10,607 00 000 10,607 00 000 000 000 10,60700 TOO 10,60700 100,000 00 000 100.000 00 40000 13328 26672 100,400 00 13328 100,266 72 INDIAN GAMING Grant revenue 177,250 00 000 177,250 00 Interest 13,500 00 000 13,500 00 TOTAL INDIAN GAMING 190,750 00 0.00 190.750 00 LIGHTING S LANDSCAPING REVENUE: Assessment 916,50000 000 916,50000 Developer 000 000 000 Interest 000 000 000 TOTAL LIGHTING S LANDSCAPING 916,500 00 0.00 916,500 00 RCTC RCTC Funding 2,327,400 GO 0.00 2,327 400.00 Transferm 000 000 000 TOTAL RCTC DEVELOPMENT AGREEMENT FUND Mitigation Measures 000 000 000 Interest 000 000 000 Transfer in 000 000 000 TOTAL DEV AGREEMENT 000 0.00 000 CRIME VIOLENT TASK FORCE Member Contributions - Carryover 49,90000 22,59600 27,30400 Grant revenue- JAIB 42,500.00 10,712.97 31.78703 CLET Line 6,100.00 2,31677 3,783.23 Interest 3,000.00 94618 205382 TOTAL CRIME VIOLENT TASK FORCE 101,500A0 36.57192 64,92808 AS 939 REVENUE: AB 939 Fees 000 000 000 Interest 54 800 00 10 633 39 44 166 61 TOTAL pUIMBY pUIMBY REVENUE. Quimby Fees 1.016,00000 179,39925 836,60075 Donations 000 4,300.00 (4,30000) Interest 422:00001 74,06650 347,93350 TOTAL pUIMBY INFRASTRUCTURE REVENUE: Utility refund 000 000 000 Interest 6,30000 3,87291 2,42709 Transferor 0.00 000 000 TOTAL INFRASTRUCTURE 6.30000 3,87291 2,42709 SB1266 SB1266 Grant 243,60000 000 243,60000 Interest 000 000 0.00 TOTAL SB1266 AA� 5 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING BUDGET RECEIVED BUDGET SOUTH COAST AIR QUALITY REVENUE: S C A Q Contribution MSRC Funding Street Sweeping Grant Interest TOTALSCAQ TRANSPORTATION Developer fees Interest Transfer n TOTAL TRANSPORTATION PARKS & RECREATION Developer fees Interest Transferor TOTAL PARKS 8 RECREATION CIVIC CENTER Developer fees Interest Transfer in TOTAL CIVIC CENTER 47.70000 11,969.40 35.73060 000 000 000 000 000 0.00 9,20000 1,67734 7,522.66 56,900.00 13,64674 43.25326 1,268,90000 349,64312 919,25688 70,20000 55,23659 14,96441 000 000 000 1,339,10000 404,878.71 934,22129 334,50000 64,15400 270,34600 000 000 000 0.00 000 000 334,500.00 64,15400 270,34600 194,70000 106,51495 88,18505 68,400 00 000 68,400 00 000 000 0,00 263,100 00 106,514.95 156,585 05 LIBRARY DEVELOPMENT Developer fees 133.00000 24,09500 108,90500 Interest 000 000 0.00 Transfer in 000 000 000 TOTAL LIBRARY DEVELOPMENT 133.00000 24,09500 108,90500 COMMUNITY CENTER Developer fees Interest TOTAL COMMUNITY CENTER STREET FACILITY Developer fees Interest Transfer In TOTAL STREET FACILITY PARK FACILITY Developer fees Interest TOTAL PARK FACILITY 28.00000 2,16700 25,833.00 46,900 00 7.997 19 381902.81 74,90000 10,16419 64,73581 44,100 00 13,466 81 30,633 19 11,20000 2,33492 8,86508 28,886 00 000 28,886 00 84,18600 15,80173 68,38427 8.00000 1.95900 6.041 00 3.60000 641 23 2,95877 11,600 00 2.60023 8.99977 FIRE PROTECTION FACILITY Developer fees 27,000 00 12.171 72 14.828 28 Interest 000 000 000 TOTAL FIRE PROTECTION FACILITY 27,000 00 12.171 72 14.828 28 ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places 97,50000 29,96585 67,53415 Arts in Public Places Credits Applied 000 0.00 000 Interest 16,40000 8,05183 8,34817 TOTAL ARTS IN PUBLIC PLACES 113,90000 38,01768 75,88232 INTEREST ALLOCATION FUND: Pooled Cash Allocated interest 000 789,27696 (789,27696) Transfer In 000 000 000 TOTAL INTEREST ALLOCATION 000 789,27696 (789.27696) 0 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING BUDGET RECEIVED BUDGET CAPITAL IMPROVEMENT FUND: CVAG CVWD County of Riverside Surface Transportation Funding City of Indio DSUSD IID RCTC Vista Dunes Housing LLP S6821-Bicycle Path Grant State of California APP Contribution Developer Agreement Funding Litigation Settlements Transfers in From Other Funds TOTAL CUP REVENUE 981,48800 161.22292 820.265.08 000 000 000 000 000 000 10,251,06700 40,00000 10.211,06700 438.04100 000 438,04100 000 0.00 000 000 000 000 000 000 000 3.817,15200 000 3.817,15200 000 0.00 000 (31,49000) 000 (31,49000) 000 000 000 701,582.00 26,32280 675,25920 000 000 000 134,693.827 00 9,795,258 73 125 098 568 27 151,U51,667 00 10,022 114 45 141,128,862 55 EQUIPMENT REPLACEMENT FUND: Equipment Charges 590,883 00 590.885 00 (2 00) Capital Contribution 000 000 000 Sale of Fixed Asset 000 7,31299 (7,31299) Insurance Recoveries 000 000 000 Interest 146,600.00 25.828 24 120,771 76 Transfers In 0.00 000 000 _ TOTAL EQUIPMENT REPLACEMENT 737,483.00 624,02623 113.45677 INFORMATION TECHNOLOGY FUND: Charges for services 525,02600 525,026.00 000 Capital Contribution 000 000 000 Sale of Fixed Asset 000 000 0.00 Interest 21,000.00 6.86565 14, 13435 Transfers In 000 000 000 TOTAL INFORMATION TECHNOLOGY 546,026 00 531,891 65 14,134 35 PARK EQUIPMENT & FACILITY Charges for services Interest Capital Contributions TOTAL PARK EQUIPMENT & FAC SILVERROCK GOLF Green fees Range fees Resident Card Merchandise Food 8 Beverage Allocated Interest 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 391,19000 391,19000 000 39,100,00 7,61829 31,48171 000 0.00 000 430,29000 398,808.29 31,48171 3.161.21100 389,37682 2,771,83418 83,72500 12.88307 70,841.93 15,00000 5,73000 9,270.00 327,370 00 52,487 94 274,882 06 000 000 000 000 000 000 000 0.00 000 3,587.30600 460,47783 3,126.82817 000 74030 (740 30) 71,44600 000 71,44600 71,44600 74030 70,70570 2,00000 2.00000 000 60000 11875 481.25 2,600.00 2,118.75 481.25 092 7 GENERAL FUND EXPENDITURE SUMMARY BY DEPARTMENT 07/01/2007 - 10/31/2007 BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET GENERAL GOVERNMENT: CITY CLERK COMMUNITY SERVICES FINANCE: BUILDING & SAFETY: POLICE: COMMUNITY DEVELOPMENT: LEGISLATIVE CITY MANAGER'S OFFICE ECONOMIC DEVELOPMENT PERSONNEURISK MGT TOTAL GENERAL 00 298,964 69 000 00 160,119S6 000 00 952,276 60 000 675,684 31 546,449 14 1,379,790 40 TOTAL CITY CLERK 719.723 00 168,764 29 216 57 550,742 14 719, 300 168,76429 21657 550,742 i4 PARKS& RECREATION ADMINISTRATION 1,036,342.00 406,19107 000 630.15093 SENIOR CENTER 442,11200 123,93694 000 318,17506 PARKS & RECREATION PROGRAMS 228,041 00 60,53068 000 167,510 32 LIBRARY MUSEUM 1.799.32800 248,38460 000 1,550,94340 PARK MAINTENANCE 297,20000 1,371,67809 53967 689,93716 000 000 296.66033 TOTAL COMMUNITY SERVICES 5. 174 7 1 nn 1 so vn fi8174084 .,,.. .... FISCAL SERVICES 971,346,00 308.499.73 000 662,84627 CENTRAL SERVICES 432,56400 174,35440 000 258,20960 TOTAL FINANCE 1,403,90000 482,8 13 060 921,05587 BUILDING & SAFETY-ADMIN 417,512.00 120.663.47 000 296.84853 BUILDING 1,064,31800 346,58196 000 717,73604 CODE COMPLIANCE 1,018,84000 322,06377 000 696,77623 ANIMAL CONTROL 387,90800 109.604.51 000 278,30349 FIRE 4,955,724.00 103,19127 13,54537 4,838,98736 EMERGENCY SERVICES 137,35700 45,49409 000 91,86291 CIVIC CENTER BUILDING -OPERATIONS 1,248,99700 659,52626 0.00 589,47074 TOTAL BUILDING BSAFETY 9,230, 600 1,707,125 3 4537 7, 509,98530 POLICE SERVICES 10,194,45900 77,57439 000 10,116, 884 61 TOTAL PUBLIC SAFETY 10, 194,45900 57439 000 t0,116,8846t COMMUNITY DEVELOPMENT -ADMIN 1,661,18000 204,97256 000 1,456,20744 CURRENT PLANNING 1,037,79400 190,170.73 000 147,62327 TOTAL COMMUNITY DEVELOPMENT ,698,97 0 3 ,143,29 000 2, 03,83071 PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 674.71200 176,30299 5,50000 492,90901 DEVELOPMENT & TRAFFIC 1,345.36700 331,307.62 9,75003 1,004,30935 MAINT/OPERATIONS- STREETS 2,497,90700 913,943.67 37,17323 1,546,79010 MAINT/OPERATIONS- LTG/LANDSCAPING 1,950,07300 547,08264 375822 1, 399,23214 MAINT/OPERATIONS - TRAFFIC 849,644.00 70,94870 8,50000 770,19530 CONSTRUCTION MANAGEMENT 981,92200 435,739.72 8,84179 53'44049 TOTAL PUBLIC WORKS ,299, 0 2,415,325 34 73, 523 27 5,750,7 39 TRANSFERS OUT 2,235,470.00 239,545 76 000 1,995.924 24 GENERAL FUND REIMBURSEMENTS (6,365,264 00) (1,268,406 92) 000 (5,096,857 08) NET GENERAL FUND EXPENDITURES 39,251,823 00 7,804,713.96 8921521 31,357, 12383 091 0 CITY OF LA QUINTA 07/01/2007-10/31/2007 OTHER CITY FUNDS EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET LIBRARY FUND PROJECT EXPENDITURES 000 0.00 000 000 REIMBURSE GENERAL FUND 2,096,52900 115.000,00 000 1,981,52900 TRANSFER OUT 3,319,78100 849,804.79 000 2,469.97681 TOTAL LIBRARY FUND GAS TAX REIMBURSE GENERAL FUND 575,271.00 191,75692 000 383,51408 TRANSFER OUT 1,48900 (3997750) GO 000 4146650 TOTAL TOTAL GAS TAX FUND FEDERAL ASSISTANCE FUND: I RANSFER OUT TOTAL FEDERAL ASSISTANCE FUND 685,921 00 000 000 685 921 00 JAG GRANT I RANSFER OUT TOTAL JAG GRANT 10,607,00 0.00 coo 10.607 00 SLESF(COPS) TRANSFER OUT TOTAL SLESF (COPS) FUND 100,400 00 0,00 000 100,40000 INDIAN GAMING FUND TRANSFER OUT 201,14200 8,254810 000 112,88721 TOTAL INDIAN GAMING FUND LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 916,50000 305.50000 000 611,00000 TRANSFER OUT 000 000 000 000 TOTAL LTG/LANDSCAPING FUND RCTC TRANSFER OUT 1,882,24000 000 000 1,11224110 TOTAL RCTC , DEVELOPMENT AGREEMENT FUND CONSTRUCTION 0.00 000 000 000 REIMBURSE GENERAL FUND 0.00 000 000 000 TRANSFER OUT 000 000 000 000 TOTAL DEV AGREEMENT FUND 000 000 CRIME VIOLENT TASK FORCE OPERATING EXPENSES 57,10000 14,71958 000 42,38042 TRANSFER OUT 000 000 000 000 TOTAL CRIME VIOLENT TASK FORCE AS 939 OPERATING EXPENSES 238,50000 13,12056 000 225,37944 TRANSFER OUT 000 000 000 000 TOTAL AB 939 QUIMBY FUND: CONSTRUCTION 32,00000 000 32,00000 000 TRANSFER OUT 8,540,10000 000 000 8,540,10000 TOTAL QUIMBY INFRASTRUCTURE FUND CONSTRUCTION 000 000 000 000 REIMBURSE GENERAL FUND 000 000 000 000 TRANSFER OUT 500,221 00 8,30288 000 491.918 12 ' TOTALINFRASTRUCTURE S8 1266 l RANSFER OUI TOTAL SB 1266 FUND 000 000 000 000 SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 26,600.00 5,38623 000 21,21377 TRANSFER OUT 000 000 000 000 TOTAL SOUTH COAST AIR QUALITY TRANSPORTATION PROGRAM COSTS 000 000 000 000 CONTRIBUTION 000 000 000 000 TRANSFER OUT 7,753,57000 158,66272 000 7,594,90728 TOTAL TRANSPORTATION PARKS & RECREATION INTEREST ON ADVANCE 000 24,002.08 000 (24,00208) TRANSFER OUT 000 000 000 000 TOTAL PARKS & RECREATION CIVIC CENTER PROGRAM COSTS 000 43,835 97 000 (43,835.97) REIMBURSE GENERAL FUND 202.76400 67.58800 000 135, 17600 TRANSFER OUT 6,240,662.00 3:318,03895 0.00 2.922,62305 TOTAL CIVIC CENTER LIBRARY DEVELOPMENT PROGRAM COSTS 000 000 000 000 INTEREST ON ADVANCE 0.00 26,229.33 000 (26,229 33) TRANSFER OUT 0,00 000 000 000 TOTAL LIBRARY DEVELOPMENT 000.. .s 091, CITY OF LA QUINTA OTHER CITY FUNDS EXPENDITURE SUMMARY 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 07/01/2007 - 10/31/2007 REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET 000 000 000 coo TOTAL COMMUNITY CENTER 000 000 000 000 0.00 TOTAL STREET 000 000 73 000 000 000 000 28,886 00 0.00 000 28,886 00 TOTAL PARK FACILITY 000 12,23347 000 (12,23347) TOTAL FIRE PROTECTION DIF 000 000 000 000 30,000 00 2,593.00 000 27,407 00 3,200.00 6250 000 3,137,50 455,250 00 19,888 75 000 435.361 25 400,000 00 000 0 00 400,000 00 TOTAL ART IN PUBLIC PLACES CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 149,822,768.00 9,882,67445 548,16788 139,391, 92567 PROJECT REIMBURSEMENTS TO GEN FUND 1,228,899.00 140,130.00 000 1,088,769 00 TRANSFER OUT 000 000 000 TOTAL CAPITAL IMPROVEMENT EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 1,000,132.00 126,071.68 37,87397 836,18635 TRANSFER OUT 746,84000 000 000 746.84000 TOTAL EQUIPMENT REPLACEMENT FUND INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 710,825.00 123,80083 5,75794 581,26623 TOTAL INFORMATION TECHNOLOGY FUND 1, PARK MAINTENANCE FACILITY OPERATING EXPENSES 000 000 000 000 TRANSFER OUT 000 000 000 000 TOTAL PARK MAINTENANCE FAC SILVERROCK GOLF OPERATING EXPENSES 4,342.64100 1,087,53472 25,50000 3.229,60628 TRANSFER OUT 71,44600 000 000 71.44600 TOTAL SILVERROCK GOLF SILVERROCK GOLF RESERVE TRANSFER OUT 000 000 0.00 000 TOTAL SILVERROCK GOLF RESERVE LA QUINTA PUBLIC SAFETY CONTRIBUTIONS TOTAL LA QUINTA PUBLIC SAFETY 200000 000 0 00 2,00000 A. 095 10 a Fy OFTNEO COUNCIL/RDA MEETING DATE: December 18, 2007 ITEM TITLE: Approval of a Reimbursement Agreement with Innovative Communities for Street Improvements on Avenue 58 for Tract No. 34243 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to execute a Reimbursement Agreement (Attachment 1) between the City of La Quinta and Innovative Communities for street improvements on Avenue 58 for Tract No. 34243. FISCAL IMPLICATIONS: The reimbursement agreement with Innovative Communities is for Development Impact Fee (DIF) eligible improvements to Avenue 58 associated with the Pasatiempo Development, Tract No. 34243. As funds are collected in the future, an amount not to exceed $130,800 may be paid from the City's Transportation DIF funds, Account No. 2 5 0-000-2 9 0.00-00. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Innovative Communities is the developer of Tract No. 34243, which is currently known as Pasatiempo which lies north of Avenue 58 west of Madison Street (Attachment 2). The conditions of approval for Tract Map No. 34243 required the developer to construct half width of the street improvements to the north portion of Avenue 58 along the development's southerly boundary. Pursuant to Resolution No. 2006-068, the July 2006 DIF Study and the detailed cost estimate, portions of these .•' 096 improvements are eligible for DIF fund reimbursement as defined in the attached reimbursement agreement. The time frame for reimbursement is not specified; however, staff is preparing a policy for prioritizing reimbursements for City Council to consider at a future meeting. Staff has determined that the reimbursement amount is valid and within the amount established as DIF eligible off -site improvements. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1) Authorize the City Manager to execute a Reimbursement Agreement between the City of La Quinta and Innovative Communities for street improvements on Avenue 58 for Tract No. 34243; or 2) Do not authorize the City Manager to execute a Reimbursement Agreement between the City of La Quinta and Innovative Communities for street improvements on Avenue 58 for Tract No. 34243; or 3) Provide staff with alternative direction. Respectfully submitted, 4mothy R Jon on, P.E. Public Wo ks D ector/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Reimbursement Agreement 2. Vicinity Map sr 097 ATTACHMENT 1 City of La Quinta REIMBURSEMENT AGREEMENT AVENUE 58 IMPROVEMENTS Boundary of Tract Map No. 34243 THIS REIMI3URSEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 2007, by and between Innovative Communities ("Developer"), and the City of La Quinta, California, a California Municipal Corporation (the "City"). RECITALS A. Developer is the subdivider and developer of Tract Map No. 34243 (the "Project") located in the City of La Quinta subject to the conditions of approval found in City Council Resolution 2006-054 ("Conditions of Approval"). B. The Conditions of Approval obligate Developer to construct certain improvements on Avenue 58, generally described as follows, and more specifically described in the Conditions of Approval, #56, A 1) as follows: Widen the north side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width on the north side as specified in the General Plan and requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The north curb face shall be located thirty two feet (32') north of the centerline. Pursuant to said condition, the applicant is responsible for construction of all improvement and eligible for reimbursement from the City's Development Impact Fee fund in accordance with policies established for that program. Per Condition #56.A.1), the cost of improvements expended by the applicant from the centerline of Avenue 58 to within 20 feet of the outer curb face is eligible for reimbursement. The applicant is responsible for the remaining cost of the improvements to the northerly boundary of Tentative Map No. 34243, herein referred to as (the "Required Improvements") identified and documented in Exhibit A. C. The City has identified source of funds from which it desires to reimburse Developer for the Required Improvements at a point in the future to be determined by the City. The time and form of reimbursement payments shall be as set forth in the Agreement. The funds source is the Transportation Component of the Development Impact Fee. All land developments in the City are required to pay Development Impact Fees ("Fees") pursuant to the Development Impact Fee Program ("Program"), adopted by the City on June 15, 1999 and revised July 5, 2006. A portion of Development Impact Fee known as the "Transportation Component" provides future funding for specific arterial street improvements located throughout the City (Exhibit C). D. Currently, the Transportation Component of the 2006 DIF Program contains cost details for Avenue 58 (Lake Cahuilla Access Road to Madison Street). The cost details (Exhibit B) reflect a DIF totaling $5,569,743.26 for Avenue 58 (Lake Cahuilla Access Rojo to 093 Madison Street). The Required Improvements are estimated to be $130,800.00. The $130,800.00 shall be referred to hereinafter as the "Budget Amount". However, this estimate including the pro rata distribution percentage is subject to change as the DIF is updated in the future prior to the completion of the work. E. The City Engineer has reviewed the scope and cost associated with the Required Improvements and has determined that the Required Improvements are covered by the Program and are eligible for certain reimbursements, subject to certain limitations and availability of funds discussed herein. F. The parties hereto desire to enter into this Agreement to effectuate the terms of the City's reimbursement to Developer of certain costs incurred by Developer in constructing the Required Improvements to the extent they are determined to be eligible for reimbursement. AGREEMENT NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Responsibilities of Developer: Developer shall construct the Required Improvements described in the Conditions of Approval, #56, A 1) as follows: Widen the north side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width on the north side as specified in the General Plan and requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The north curb face shall be located thirty two feet (32') north of the centerline. Pursuant to said condition, the applicant is responsible for construction of all improvement and eligible for reimbursement from the City's Development Impact Fee fund in accordance with policies established for that program. The cost of improvements expended by the applicant from the centerline of Avenue 58 to within 20 feet of the outer curb face is eligible for reimbursement. The applicant is responsible for the remaining cost of the improvements to the northerly boundary of Tentative Map No. 34243, herein referred to as (the "Required Improvements") identified and documented in Exhibit A. The Developer shall bear the cost of constructing the Required Improvements, subject to the limited credit and right of ultimate future reimbursement provided herein. The Required Improvements shall be constructed in accordance with all applicable City and State codes and regulations, including the obligation to secure bonds and guarantees pursuant to Section 14.16.180 of the Municipal Code of the City of La Quinta, and shall comply with each of the applicable provisions in the Conditions of Approval, incorporated in full herein by this reference. Upon completion and acceptance of said Required Improvements by the City, Developer shall submit to the City invoices and supporting documentation for those costs. 2. Responsibilities of City: 's - 099 Reimbursement Agreement - Avenue58 DIFagreemt Pasanemorm FinaI.000 Page 2 of 9 (a) Approval or Disapproval of Expenses. The City Engineer shall either approve or disapprove the invoices and submit the approved invoices for credit and/or reimbursement in accordance with this Agreement. The City Engineer shall provide Developer with a written explanation for any portion of an invoice that is disapproved. Developer recognizes that the City Engineer's approval of the costs does not guarantee that the costs will be reimbursed. Instead, the City Engineer approval is a condition precedent necessary for the costs to be processed for credit or reimbursement. (b► Issuance of Credit. Upon the completion of the Required Improvements, and approval of costs by the City Engineer, the City will issue a credit for eligible costs to Developer or Developer's successor in interest which credit can be applied against the Transportation Component of the DIF fees otherwise due and payable for building permits within the Project. By way of example, based upon the current level of the Transportation Component of the DIF and the maximum number of dwelling units authorized for the Project, the Developer or its successor in interest could be issued a estimated maximum credit of $130,800.00. (c) Reimbursement from the DIF. Developer is eligible for reimbursement at some point in the future from the Transportation Components Fees collected on other projects. Developer recognizes that at this point in time, the City cannot commit to a time certain for reimbursement, in as much as the City is entitled to establish the priority of spending for the Transportation Component Fees. Developer further recognizes that the City Council has indicated that it will be considering a policy regarding the priority of reimbursement, and that this reimbursement will be subject to the policy. In no event will the amount of reimbursement exceed the Budget Amount ($130,800.00). 4. Warranty. Developer agrees to obtain from the contractor(s) constructing the Required Improvements a warranty in favor of the City to repair or replace of faulty work or materials for a period of one year following the date that the Required Improvements are accepted by the City Council. 5. Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations incurred herein so long as the injuring party commences to cure such injuring action within ten (10) days of service of such notice and completes the cure within forty-five (45) days after the notification, or such longer period as may be agreed upon by both parties to this Agreement. 6. Attorney's Fees. If either party commences an action against the other arising out of or in connection with this Agreement, including the filing of a lien or other legal action to compel payment of the Reimbursement, the prevailing party shall be entitled to recover reasonable attorney's fees and legal costs from the losing party. 7. Indemnification. Developer 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 Reimbursement Agreement - Avenue58 D[Fagreemt Pasabemopo Final.DOC •� (' + o Page 3 of 9 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 Developer, its officers, employees representatives, and agents, which arise out of acts or activities of Developer's or Developer'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, Developer 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, Developer shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parities. 8. City Officers and Employees; Non -Discrimination. No officer or employee of City shall be personally liable to Developer or any successor in interest in the event of any default or breach by City or for any amount which may become due to Developer or to its successor or for breach of any obligation of the terms of this Agreement. 9. Term of Agreement. This Agreement shall remain in full force and effect for two years following the date it has been executed by both parties. 10. Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give to the other party or any person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Attn: City Engineer To Developer: Innovative Communities 1282 Pacific Oaks Place Escondido, CA 92029 Attn: Brad Fomon 760/690-5261 11. Assignment of Agreement. The Developer may not assign, sublet, hypothecate, encumber, or transfer (whether voluntarily or involuntarily) its obligations hereunder to any party without the prior written consent of the City, which consent may be withheld in the City's sole and absolute discretion. 12. General Provisions. Reimbursement Agreement - Avem,o58 DIFagreemt Posatiemopo Final.DOC Page 4 of 9 A. Except as otherwise provided herein, the terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. B. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. C. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. D. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any rights or remedies provided for herein. E. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. F. This Agreement may be executed in counterparts, which when taken together, shall constitute one fully executed document. 13. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 14. Authority of Signatories. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties are formally bound to the provisions of this Agreement. Reimbursement Agreement - Avenue58 DlFagreemt Pasatiomopo Final.DOC Page 5 of 9 .® r 102 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY OF LA QUINTA: Thomas P. Genovese, City Manager Date ATTEST: Veronica Montecino, City Clerk City of La Quinta Date Developer: Innovative Communities 1282 Pacific Oaks Place Escondido, CA 92029 By: Date Title: By: Date Title: Approved as to Form: M. Katherine Jenson, City Attorney City of La Quinta Date Reimbursement Agreement - Avenue58 D[Fagreomt Pasatiemopo RoaLDOC Page 6 of 9 Exhibit A REQUIRED IMPROVEMENTS —TRACT NO. 34243 REQUIRED IMPROVEMENTS AVENUE 58 STREET IMPROVEMENTS FRONTING TRACT NOS. 34243 and 28034 DIF ELIGIBLE REIMBURSEMENT Item # Description Units Unit Cost Quantity Total Cost AVENUE 58 STREET IMPROVEMENTS FRONTING TRACT NO. 34243 1 One Westbound Lane and L.S. $110,257.00 1 $110,257.00 One Eastbound Lane (INSIDE (not to exceed) LANES) Street Improvements (North Side) - Required Off -Site Street Improvements Eligible for Reimbursements From Development Impact Fee Fund AVENUE 58 STREET IMPROVEMENTS FRONTING TRACT NO. 28034 2 One Westbound Lane and One Eastbound Lane (INSIDE LANES) Street Improvements L.S. $20,543.00 1 $20,543.00 (North Side) - Required (not to exceed) Off -Site Street Improvements Eligible for Reimbursements From Development Impact Fee Fund Total Cost for Required Improvements, not to exceed: $130,800.00 Remtbursement Agreement-Avenu056 DIFagreemt Pasanemopo Final.DOC Page 7 of 9 o` 10+ Exhibit B July 5, 2006 DIF Cost Detail Avenue 58 (Lake Cahuilla Access Road to Madison Street) Reimbursement Agreement-Avenoe58 DIFagreemt Pasatiomopo FInal.DOC Page 8 of 9 .� 105 CITY OF LA QUINTA: DEVELOPMENT IMPACT FEE (DIF) COST DETAIL Project Type: Primary Arterial Project: Avenue 58 (Lake Cahullla Access Road to Madison Street) Description This project proposes to reconstruct the existing Avenue 58 roadway between the Lake Cahullla Access Road and Madison Street with a new centerline profile and enhance the structural section of the existing roadway, as needed, to mitigate the impact of converting a former county road to an urban arterial street. The street segment will be realigned at its westerly end and cross the flood control levee at a new location. ITEM DESCRIPTION UNITS QUANTITY UNIT COST ELIG BLE DIF COST 1 UNCLASSIFIED FILL CY 68000 $5.00 $340,000.00 2 UNCLASSIFIED EXCAVATION CY 27937 $2.50 $69,642.50 3 8" CURB AND GUTTER LF 35528 $18.75 $666,160.00 4 6" CURB AND GUTTER LF 1630 $18.75 $30,562.50 5 4.5" AC OVER 7" AB SF 748076 $3.30 $2,468,650.80 6 4" AC OVER 6" AB SF 63543 $3.15 $200,160.45 7 8 FT SIDEWALK 4" THICK SF 257208 $3.50 $900,228.00 8 4 48" RCP CULVERTS - 400 FT EA I LF 1600 $200.00 $320,000.00 9 78" IRRIGATION LINE LF 200 $350.00 $70,000.00 10 10 FT MULTI -PURPOSE TRAIL LF 3250 $14.00 $45,500.05 SIGNING0. SUB TOTAL $5,136,094.25 Jun-05 Estimated Soft Costs: Design] 513,609.43 Ins ection/Testin ISurve : 398,047.30 City Admin: 2 6;804.71 Contin enc : 630,455. 7 otal Estimate: ,935,011.26 Develo erContnbutionBon s: 1,365,268.00 Development Impact Fee: Total Funding:6,935, 11.26 1. See Appendix 3 for discussion of county road conversion to urban arterial street standard. July 5, 2006 Update Appendix 1 (71 of20) Exhibit C July 5, 2006 DIF Fee by Development Category Reimbursement Agreement -Averi Wagreomt Pasauemopo FInal.000 Page 9 of 9 Af 107 City of La Quinta — Development Impact fee Study F. SUMMARY OF IMPACT FEES Table S-1 summarizes the recommended impact fees by development category and facility type. The amounts shown in that table based on the analysis in subsequent sections of this report. yL Nf� IP 5 'Nam'.1 � RL Yr1?�t iS .l1 s"" 1 t4 i'' G 'r. t t �t�` M11,tj>F {I'Mal ; n S*>fi ,; } iF l "� �" ll'(di fix �'� ..1. �T t4,�.;'.uIt f 1l Res (S61)) DU $1.930 $892 $996 $140 $355 S74 $67 $22 $4,475 Res (SFA) DU $t,930 $GG9 $325 $45 $266 S56 S67 $16 $3 374 Rcs(MFO) DU $1,127 $876 $229 $32 $348 $71 S39 $21 S2,745 OCficcl(ius �. KSF $3,729 $140 $20 S130 S4016 _ General Com KS > $3,039 $322 S45 $106 _ $3,512 Tourist Com koom $982 $130 Sig $34 $y65 Golf Courses Acre $363 $148 S2l _ $IJ E544 G.PROJECTED REVENUE Table S-2 shows projected total revenue from impact fees, from stow to build out, assuming that the fees are adopted as recommended and that all development anticipated in this report actually Occurs. Note that projected revenue is given in cuncnt dollars. Table S-2 Projected bu fact Fee Revenue ;`#jfi�zj Trans ortation $44,509,035 Parks $11,058,823 _ Civic Ccntei $12,971,494 Fire Station s _ $1,817,542 $4 790 615 _-Libraries Co nmunity Ccnters _ $1,005,791 Street and Park Maintenance _$1,492,195 TOTAL $78,645,484 ..__ I Residential- Single Fa mly Doodled l Dwelling Unit ) Residemial- Smgle Family Attached 4 Residential —Multi family and other 5 1,000 Square Feel of Gross Building Area 6 Project Revenue in current dollars July 5, 2006 Update Page 4 Jos ri 09 1! rd ► i AVENUE 52 z O r THE HIDEAWAY W L- w V) Lu AVENUE 54 cn m w z O O ry (/) � Z � w O U w d r PGA cn WEST z AIRPORT BLVD. O (AVENUE 56) �C ,o mPj3QJEQ T SITE AVENUE 58 NOT TO SCALE .a..(- 109 COUNCIL/RDA MEETING DATE: December 18, 2007 ITEM TITLE: Acceptance of State Funding in the Amount of $27,232 from the California Office of Traffic Safety (OTS) RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the acceptance of State funding in the amount of $27,232 from the California Office of Traffic Safety (OTS) for sobriety checkpoints. This program is administered through the University of California Berkley Traffic Safety Center (Attachment 1). FISCAL IMPLICATIONS: The City has established a revenue account (212-0000-468-000) to accept the funding, and a corresponding expenditure account (101-5054-421.36-43) to track allocations. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The University of California Berkley Traffic Safety Center, serving as grant administrator for The California Office of Traffic Safety (OTS), has announced the award of mini -grant funds for sobriety checkpoints during the period of October 1, 2007 to September 4, 2008. The goal of the Sobriety Checkpoint Program for Local Law Enforcement Agencies is to reduce the number of victims killed and injured in alcohol -involved collisions in cities participating in the program. The period of time covered in the grant specifically addresses two periods significant in numbers of occurrences for these types of incidents. These periods are the Winter Holiday Mobilization Period (December 14, 2007 to January 3, 2008) and the Labor Day Mobilization Period (August 17, 2008 to September 3, 2008). • 110 The La Quinta Police Department has been awarded a total of $27,232 to be used to fund two sobriety checkpoints in La Quinta. The grant specifies that one of the checkpoint dates must fall within each of the designated mobilization periods. The grant is designed to cover personnel costs for the checkpoints, while the agency covers other indirect costs such as vehicles, equipment and any booking fees. Sergeant David Walton, supervisor of the La Quinta Police Traffic Team, has been assigned to implement the checkpoints under the guidelines specified in the grant and prepare the necessary documentation. Further information will be provided once the dates for the checkpoints have been finalized. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council are: 1. Approve the acceptance of State funding in the amount of $27,232 from the California Office of Traffic Safety (OTS) to be used for sobriety checkpoints; or 2. Do not accept the available funding from the State; or 3. Provide staff with alternative direction. Respectfully submitted, 041 &M& Bret M. Plumlee, Assistant City Manager — Management Services Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Grant application for Sobriety Checkpoint Program for Local Law Enforcement Agencies The Regents of the University of California Attachment 1 °vr School of Public Health, Berkeley, 2 7 a with Primary Funding from the GRANT NUMBER '• - '-` m° California Office of Traffic Safety SC08190 es GRANT 1. Title of Program SOBRIETY CHECKPOINT PROGRAM FOR LOCAL LAW ENFORCEMENT AGENCIES 2. Name of Applicant Agency 4. Period of Contract LA QUINTA, CITY OF Month - Day - Year From: 10/O1/07 3. University of California Berkeley, Traffic Safety Center DAVID RAGLAND, DIRECTOR, UC BERKELEY TRAFFIC SAFETY CENTER To: 09/04/08 5. Description of Program The goal of the Sobriety Checkpoint Program for Local Law Enforcement Agencies is to reduce the number of victims killed and injured in alcohol involved crashes in cities participating in this program. The period of this grant contract ("Contract"), October 01, 2007 to September 04, 2008, encompasses two national mobilization periods: the Winter Holiday Mobilization period, December 14, 2007 - January 03, 2008 and the Labor Day Mobilization period, August 17, 2008 - September 03, 2008. The Riverside County Sheriff's Department will conduct sobriety checkpoints in La Quints in accordance with this Contract. The Contract includes the attached Schedules A - Descriptions, B - Budget Estimate, Schedule B-1 - Budget Narrative, and Schedule C - Terms and Conditions. 6. Federal Funds Allocated Under This Grant Shall Not Exceed: $27,232.40 7. Approval Signatures (By signing this gage Agency agrees to the terms and conditions which follow and am attached) A. The Regents of the University of California Authorized B. Authorizing Official For Applicant Agency Signature Name: Brian C. Donohue Phone: 510 642-3128 Name: Bret Plumlee Phone: (760) 777-7065 Title: Business Contracts Administrator Fax: 510 642-8604 Title: Assistant City Manager Fax: (760) 777-7101 Address: Business Contracts Office Address: 78495 Calle Tampico 6701 San Pablo Avenue, MC 5600 La Quints, CA 92247 Berkeley, CA 94720-5600 Email: donohue@berkeley.edu Email: bplumlee@la-quinta.org /J"6/ 12-6 -a (Signature) (Date) (Signature) (Date) C. Agency Office Authorized to Receive Payments D. Optional: Individuals Authorized to Sign Claims (in addition to the Authorizing Official for Applicant Agency) Agency: La Quints, City of Phone: (760) 777-7065 Name: Title: Office: City Manager's Office Address: 78495 Calle Tampico (Signature) (Date) La Quints, CA 92247 Title: Tax ID # 95-3740431 Name: Contact Person: Bret Plumlee Email: bplumlee@la-quinta.org (Signature) (Date) Page 1 A p 112 La Quinta, City of Grant No. SC08190 Schedule A - Description Sobriety Checkpoint Program for Local Law Enforcement Agencies GOALS 1. To reduce the number of victims killed in alcohol -involved crashes. 2. To reduce the number of victims injured in alcohol -involved crashes. 3. To reduce nighttime (2100 hours to 0259 hours) single vehicle fatal crashes. 4. To reduce nighttime (2100 hours to 0259 hours) single vehicle injury crashes. 5. To reduce hit and run fatal crashes. 6. To reduce hit and run injury crashes. • --ill 4qJ1 _ To conduct a minimum of two and a maximum of 2 sobriety checkpoints by 09/04108. NOTE: For combination DUI/DL checkpoints, applicant agencies must issue press releases that indicate DL's will be checked at the DUI/DL checkpoint. According to the Attorney General's Office, all DUI/DL checkpoint operations must post signs reading "DUI/Driver License Checkpoint Ahead." To maximize effectiveness, it may be necessary to conduct a checkpoint operation at more than one location on any evening. Each checkpoint should be highly publicized and visible. No occupant restraint citations will be issued at the checkpoints. OTS does not fund or support Independent DL checkpoints or DUI/Driver License checkpoints operating before 1800 hours. Notify the TSC in advance if the agency: a) cannot conduct a minimum of one checkpoint during each of the two mobilization periods (at least one must be conducted per mobilization period), b) wishes to conduct additional checkpoints than those listed in Schedule B). 2. To participate in TSC's pre -operational training classes for officers and support personnel selected to participate in checkpoints. Finance departments are urged to attend. 3. To collect and report data for checkpoints conducted during the Winter and Labor Day mobilization periods using the OTS-137 data form; and to submit the OTS-137 data form(s) by the deadlines established by the TSC. Applicant agencies will not receive reimbursement for claimed costs until they submit these forms. 4. To collect and report data for checkpoints conducted outside the mobilization periods, using the OTS-138 data form and to submit the OTS-138 data form(s) following the end of the applicable quarter(s). Applicant agencies will not receive reimbursement for claimed costs until they submit these forms. 5. To submit to the TSC all appropriately completed and requested documentation for claims made. These include completed claim forms and supporting documentation as listed in Schedule B-1 of this Contract. The Agency must claim only reimbursable costs per Schedule B-1, e.g., the cost of each checkpoint does not exceed the Maximum Allowed Cost per Checkpoint. Other direct costs and indirect costs are not reimbursable. Only authorized individuals (as listed in Boxes B and D in the contract cover sheet) may sign the claim forms. NOTE: All sobriety checkpoints identified for funding reimbursement in this Contract are over and above other checkpoints that may be included in another OTS grant for sobriety checkpoint funding. page 2 . / 113 La Quinta, City of Grant No. SC08190 Schedule A - Description (continued) Sobriety Checkpoint Program for Local Law Enforcement Agencies MEDIA OBJECTIVES 1. After December 19, 2007, issue a press release announcing the kick-off of this grant, using the TSC-provided template. 2. During the mobilization periods (December 14 - January 3 and August 17- September 3), if an AVOID media campaign is active in your county, notify your AVOID Regional Coordinator of checkpoint locations, dates and times as early as possible in advance of all planned checkpoints. Your AVOID Regional Coordinator will issue press releases including checkpoints conducted during the mobilization periods to all mm"or media outlets in the region. 3. Also during the mobilization periods, develop and distribute to local community papers a press release for each checkpoint operation, or, if multiple checkpoints are to be conducted within a seven-day period, develop and distribute a single press release covering all operations within the seven-day period. If using the OTS press release template provided by TSC, forward press releases, media advisories, alerts, and other press materials to TSC concurrently with distribution to the media. If any other press release format or copy is used, that press release must be submitted for review and approval to the OTS Public Information Officer at pionots.ca.00v at least 14 days in advance of the operation. 4. For checkpoints conducted outside the mobilization periods, develop and distribute to local media a press release for each checkpoint operation, or, if multiple checkpoints are to be conducted within a seven-day period develop and distribute a single press release covering all operations within the seven day period. If using the OTS press release template provided by TSC, forward press releases, media advisories, alerts, and other press materials to TSC concurrently with distribution to the media. If any other press release format or copy is used, that press release must be submitted for review and approval to the OTS Public Information Officer at DioQots.ca.00v at least 14 days in advance of the operation 5. Use NHTSA's DUI tagline, "Drunk Driving, Over the Limit. Under Arrest" and to use OTS's tagline "Report Drunk Drivers. Call 911" on all news releases and checkpoint publication materials. 6. Submit to the TSC copies of all newspaper articles and short descriptions of broadcast news stories which relate to checkpoint operations or results. Phase I: Program Preparation (October 01, 2007 — November 30, 2007) 1. Review the Contract to ensure compliance with Contract provisions. 2. Provide information to the TSC in a timely manner to expedite issuance of a University of California, Berkeley purchase order. The purchase order must be issued to the agency before reimbursable costs are incurred for operation of the checkpoint(s). 3. Consult the TSC and OTS web sites and read any TSC Fact Blasts for directions and information on the operation of the checkpoints. 4. Notify the TSC of any changes in contact information. The Contract and the purchase order (and Fact Blasts) are emailed to the contact person listed in the agency application. 5. Attend TSC's pre -operational training. 6. Plan checkpoint staffing, i.e., supervisors, officers, clerical staff, community service officers, or lab technicians, as needed to staff each sobriety checkpoint on an overtime basis. page 3 i La Quinta, City of Grant No. SC08190 Schedule A - Description (continued) Sobriety Checkpoint Program for Local Law Enforcement Agencies Phase II: Mobilization (12/14/07— 01/03/08 and 08/17/08 — 09/03/08) 7. After December 19, 2007, issue a press release announcing the kick-off of this grant, using the TSC-provided template. 8. During the mobilization periods (December 14 - January 3 and August 17- September 3), if an AVOID media campaign is active in your county, notify your AVOID Regional Coordinator of checkpoint locations, dates and times as early as possible in advance of all planned checkpoints. Your AVOID Regional Coordinator will issue press releases including checkpoints conducted during the mobilization periods to all mmaior media outlets in the region. 9. Also during the mobilization periods, develop and distribute to local community Daoers a press release for each checkpoint operation, or, if multiple checkpoints are to be conducted within a seven-day period, develop and distribute a single press release covering all operations within the seven-day period. If using the OTS press release template provided by TSC, forward press releases, media advisories, alerts, and other press materials to TSC concurrently with distribution to the media. If any other press release format or copy is used, that press release must be submitted for review and approval to the OTS Public Information Officer at Dioftots.ca.aov at least 14 days in advance of the operation. 10. For checkpoints conducted outside the mobilization periods, develop and distribute to local media a press release for each checkpoint operation, or, if multiple checkpoints are to be conducted within a seven-day period develop and distribute a single press release covering all operations within the seven day period. If using the OTS press release template provided by TSC, forward press releases, media advisories, alerts, and other press materials to TSC concurrently with distribution to the media. If any other press release format or copy is used, that press release must be submitted for review and approval to the OTS Public Information Officer at pio ots.ca.aov at least 14 days in advance of the operation 11. Use NHTSA's DUI tagline, "Drunk Driving, Over the Limit. Under Arrest" and to use OTS's tagline "Report Drunk Drivers. Call 911" on all news releases and checkpoint publication materials. 12. Submit to the TSC copies of all newspaper articles and short descriptions of broadcast news stories which relate to checkpoint operations or results. 13. Plan any roll call training for officers, staff, or volunteers. Roll call training costs are 114.(,reimbursable; they must be borne by the agency. 14. Deploy designated staff (and volunteers) to the checkpoint locations. 15. Begin the checkpoint no earlier than 1800 hours. 16. The last checkpoint must be conducted no later than September 04, 2008. Phase III: Post Operational Data Collection (at the end of each mobilization period and each applicable calendar quarter) 17. Prepare data collected at the checkpoints using forms downloaded from the TSC web site at: http:/A,vww.tsc.berkeley.edu/checkpointminigrantst. 18. Submit to the TSC, Form OTS-137 for checkpoints conducted during the Winter Holiday Mobilization. Similarly, submit to the TSC, Form OTS-137 for checkpoints conducted during the Labor Day Mobilization. 19. Submit to the TSC Form OTS-138 for checkpoints conducted outside the mobilization periods. Submit the Form OTS-138 following the end of the applicable quarter. If multiple checkpoints are conducted during the quarter, summarize (total) the checkpoint statistics on a single form and send to the TSC. Phase IV: Claim Submission (at the end of the applicable calendar quarter) 20. Compile overtime costs for operation of the grant funded checkpoints. 21. Obtain the claim forms from the TSC web site at: http://www.tsc.berkeley.edu/checkpointminigrants/. 22. Complete the claim forms titled, "Agency Information," "Claim," and "Claim Detail." 23. Obtain the signature of any of the authorized individuals depicted in Boxes B and D of the contract cover sheet. 24. Attach to the claim forms: a) the personnel time sheets supporting the overtime personnel costs for each checkpoint and b) the ledger report(s) supporting the actual costs incurred for the checkpoints covered by the claim. 25. Mail the claim forms for the quarter, the personnel time sheets and the ledger report to the TSC following the end of the applicable calendar quarter. .An. .0 r 115 La Quinta, City of Grant No. SCO8190 Schedule B - Budget Estimate Sobriety Checkpoint Program for Local Law Enforcement Agencies The La Quinta, City of will conduct up to 2 sobriety checkpoints in La Quinta as described in Table B below. Table B Maximum No. Maximum Allowed Total Cost Checkpoints Cost/Checkpoint Winter Holiday Mobilization, December 14, 2007 — January 03, 2008 (minimum one 1 $13,616.20 $13,616.20 checkpoint) Labor Holiday Mobilization, August 17, 2008 — September 03, 2008 (minimum one 1 $13,616.20 $13,616.20 checkpoint) Number of checkpoints in the months outside the mobilization 0 $13,616.20 $0.00 periods MaA mum dumber of . .- .2 Ma4m li m 13e1mbprsable $27,282A0 Checkpoints Amount 14ml Tot . page 5 .� 116 La Quinta, City of Grant No. SC08190 Schedule B-1 - Budget Narrative Sobriety Checkpoint Program for Local Law Enforcement Agencies The La Quinta, City of will be reimbursed for personnel costs to conduct the checkpoints. Other direct costs and indirect costs are not reimbursable. Budgeted grant activities will be conducted by personnel on an overtime basis. Grant -funded operations may be conducted by personnel such as an Officer, Lieutenant, Sergeant, Corporal, Deputy, Community Services Officer, Dispatcher, etc. depending on the titles used by the agency. Personnel will be deployed as needed to accomplish the grant goals and objectives. Personnel categories not listed in the application form may be assigned to the checkpoint on an overtime basis. Overtime reimbursement will reflect AglUd costs (OT hourly rate and overtime benefit rate) of the personnel conducting the appropriate operation(s) up to the amount of the approved cost estimate per checkpoint of $13,616.20. The maximum allowed cost per checkpoint is based upon the overtime rates submitted by the grantee. Only benefits earned as a percentage of hourly pay are allowed. Benefit costs for overtime hourly rates are always lower than benefit costs for regular hourly rates. Reimbursements are contingent upon the following: i. The applicable OTS-137 or OTS-138 report has been submitted. ii. A press release for each checkpoint has been submitted; or, if multiple checkpoints are conducted within a seven-day period, a press release for the seven-day period has been submitted. iii. Claim forms titled, "Agency Information," "Claim," and "Claim Detail" are complete and correctly filled out. iv. Personnel overtime slips supporting the overtime personnel costs for each checkpoint are attached to the claim. V. A ledger report(s) supporting the actual costs incurred for each of the checkpoints covered by the claim is attached to the claim. vi. The claim is signed by the Authorizing Official of the Applicant Agency or by one of the Additional Individuals designated by the Authorizing Official to sign claims, as designated in the contract. vii. Changes in the Authorizing Official of the Applicant Agency or the designation of an additional individual(s) to sign claims are documented in accordance with TSC documentation requirements. viii. The final claim is submitted no later than October 15, 2008. page o e 117 La Quinta, City of Grant No. SC08190 Schedule C - Terms and Conditions Sobriety Checkpoint Program for Local Law Enforcement Agencies A. INDEMNIFICATION Applicant Agency agrees to indemnify, defend, and save harmless the State of California, its officers, agents, and employees, the Regents of the University of California, its officers, agents, and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Contract, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by Applicant Agency in the performance of this Contract. B. GOVERNING LAW This Contract shall be governed by and construed in accordance with the laws of the State of California. C. NON -ASSIGNABILITY The obligations of the applicant agency under this Contract are not assignable to any third party. D. USE OF UNIVERSITY NAMEITRADEMARKS Applicant Agency shall not use the name of the University of California, or any abbreviation thereof, or any name of which "University of California" is a part, or any trademarks of the University, in any commercial context, such as may appear on products, in media (including web sites) and print advertisements in cases when such use may imply an endorsement or sponsorship of the Applicant Agency, its products, or services. All uses of the University's name and trademarks, therefore, must first receive prior written consent of The Regents of the University of California through the Office of Marketing & Business Outreach. This policy is in compliance with the State of California Education Code Section 92000. E. TERMINATION Each party has the right to suspend, terminate or abandon the execution of any work by the Applicant Agency without cause at any time upon giving prior written notice. In the event that this Contract is suspended, terminated, or abandoned, the Regents of the University of California shall pay the Applicant Agency for services provided hereunder prior to the effective date of said suspension, termination, or abandonment. Said payment shall be computed in accordance with the Payment Schedules B and B-1, provided that the maximum amount payable to the Applicant Agency for its services shall not exceed the Grant Total on Schedule B for services provided hereunder prior to the effective date of suspension, termination, or abandonment. F. STATE OF CALIFORNIA TERMS, CONDITIONS, AND CERTIFICATIONS Applicant Agency agrees to abide by the General Terms, Conditions, and Certifications contained in OTS Grant Program Manual, Chapter 6, Exhibit 6-A www.ots.ca.gov. nano Tihf 4 4 a" COUNCIL/RDA MEETING DATE: December 18, 2007 ITEM TITLE: Acceptance of On -Site Improvements Associated with Tract Map No. 32453, Hideaway, ND La Quinta Partners, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept on -site improvements associated with Tract Map No. 32453, Hideaway, ND La Quinta Partners, LLC and authorize staff to release performance securities upon receipt of warranty security. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements. FISCAL IMPLICATIONS: None. No public improvements will be accepted with this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 32453, Hideaway, ND La Quinta Partners, LLC, is located south of Avenue 52, north of Avenue 53, and east of Jefferson Street (Attachment 1). All obligations of the Subdivision Improvement Agreement (SIA) and the Conditions of Approval have been satisfied. Attachment 2 indicates the amount of warranty security. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Accept the on -site improvements associated with Tract Map No. 32453, Hideaway, ND La Quinta Partners, LLC and authorize staff to release performance securities upon receipt of warranty security. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements; or 2. Do not accept the on -site improvements associated with Tract Map No. 32453, Hideaway, ND La Quinta Partners, LLC and do not authorize staff to release performance securities upon receipt of warranty security. Do not direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements; or 3. Provide staff with alternative direction. Respectfully submitted, T othy R. o ass , ".E Public Works Direc r/City Engineer Approved for submission by: �/� Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Warranty Security Exhibit .0 , 120 ATTACHMENT 1 TM 32453 HIDEAWAY 111 zo W a L w z w 52nd AVE LA QUWA I / 53rd AVE 54th AVE AIRPORT AVE VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: December 18, 2007 ITEM TITLE: Acceptance of On -Site Improvements Associated with Tract Map No. 32453, Hideaway APPLICANT: Mr. Scott Birdwell, NO La Ouinta, LLC ATTACHMENT 2 WARRANTY SECURITY Tract Map No. 32453 Development Name: Hideaway IMPROVEMENTS Performance Security' Improvement Descrition Labor & Materials= Original Amount Proposed Reduction WARRANTY AMOUNTS Bungalows Precise Grading $191,270 $191,270 90% $19,127 Clubhouse Precise Grading $677,480 $677,480 90% $67,748 Domestic Water $299,020 $299,020 90% $29,902 Sanitary Sewer $99,150 $99,150 90% $9,915 Storm Drain $211,300 $211,300 900/0 $21,130 Dry Utilities $127,610 $127,510 90% $12,761 Monumentation $0 $10,000 100% $0 Standard 10% Contingency $160,680 $161,580 100% $0 Professional Fees, Design 10% $176,640 $177,740 100% $0 Professional Fees, Construction 10% $176,640 $177,740 100% $0 No Plans Contingency 25% $441,600 $444,350 100% $0 Totals 661,290 2, 77,140 60,583 ' Performance Security shall be released immediately upon City Council acceptance and receipt of warranty security 2 Labor & Materials Security to remain in place for 90 days after City Council acceptance of improvements. 3 WARRANTY SECURITY (10% of Original Performance Security) shall be received by the City prior to being placed on the agenda for City Council. TATracts_Parcel Maps_SP\30000-39999\32453\External Correspondence\Conditional Final Acceptance TM 32453.docPage 3 gf 4 1 � 7 `Ty� 4 XfouQwmrr, COUNCIL/RDA MEETING DATE: December 18, 2007 ITEM TITLE: Authorization for Overnight Travel for the Finance Director to Attend the Government Finance Officers Association (GFOA) 2008 Annual Conference in Fort Lauderdale, Florida, June 151h - 181h 2008 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 17 STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for the Finance Director to attend the four -day 2008 Government Finance Officers Association (GFOA) Annual Conference in Fort Lauderdale, Florida. FISCAL IMPLICATIONS: Costs associated with attending the Conference will be funded through Fiscal Services Training & Meetings, Account No. 101-4001-415.51.01 . This conference was budgeted in the 2007/2008 Fiscal Year Budget at $2,600. The breakdown of expenditures anticipated for this conference is as follows: • Conference Enrollment - Early Registration $ 310 • Travel 800 • Lodging/Meals 1,490 Total $ 2.600 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The four -day 2008 Government Finance Officers Association (GFOA) Annual Conference focuses on financial issues affecting local governments. Seminar information is included in Attachment 1. X' 123 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for the Finance Director to attend the four -day 2008 Government Finance Officers (GFOA) Annual Conference in Fort Lauderdale, Florida, June 15`" — 18", 2008; or 2. Do not approve authorization for overnight travel for the Finance Director to attend the four -day 2008 Government Finance Officers (GFOA) Annual Conference in Fort Lauderdale, Florida, June 15`" — 18", 2008; or 3. Provide staff with alternative direction. Respectfully submitted, John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Conference Material A 124 E For over 102 years, government finance professionals have relied upon the Government Finance Officers Association (GFOA) to provide timely information, practical educational opportunities, high -quality professional publications, and current information on best practices. The GFOA consists of more than 17,300 members dedicated to enhancing the professional management of'governments for the public benefit by identifying and developing the highest quality financial policies and practices and then promoting those policies and practices through education, training, and leadership. The Annual Conference ties together the knowledge shared throughout the year and covers the -latest trends in government finance. The GFOA offers public -sector finance professionals an unparalleled opportunity to: • obtain "how-to" instruction on a wide range of financial topics, • enhance their technical skills, • broaden their knowledge and deepen their expertise, • achieve professional recognition.- 0 coordinate efforts with peers, • develop leadership skills, and • network with peers. Preconference Seminars ................................................. page 4 Conference Overview .................................................... page 5 HotTopics...................................................................... page 6 Preliminary Schedule of Events ..................................... page 7 SocialEvents.................................................................. page 8 — 9 Logistics......................................................................... page 10 Registration... ................................................................. page 11-12 Where to Stay While in Fort Lauderdale ....................... page 13 HotelMap...................................................................... page 14 Hotel Reservation Form ................................................. page 15 E Addressing Your OPEB Liability: Tools for the Decision -Making Process Complying with new GASB standards for OPEB is only the beginning. Making OPEB decisions on benefits policies, employee relations, and funding is a challenge for governments of all sizes, but particularly problematic for small and mid -sized governments who may not even have locally controlled pension plans. Hear from experienced practitioners who have gone through the process of ad- dressing policy, benefit levels, and funding decisions for their OPEB liability and learn about tools that have recently been devel- oped for making OPEB decisions. GFOA's OPEB Toolkit, an online collection of resources, leading practices, and case studies designed to assist governments in developing OPEB strategies will be intro- duced at this session. 8 CPE Credits Full Day Seminar • Friday, June 13.9:00 am — 5:00 pm Communicating with Employees: Are They Hearing What You Meant to Say? What people hear is influenced by environmental factors such as individual needs and values, the organization's culture, and generational differences. This session will provide up-to-date information on research into interpersonal communication, focusing on understanding and making effective use of multiple communication channels and strategies for bridging the gap between the message you need to communicate to your staff and how they perceive what you are saying. 4 CPE Credits Half -Day Seminar • Friday, June 13.1:00 pm — 5:00 pm Long -Term Financial Sustainability: What You Can Do in the Short Term to Thrive in the Long Term The ability to maintain financial stability over the long tens begins with making the right decisions this year, next year, and the year after that. Capital maintenance and replacement, employee benefit plans, environmental issues, staffing levels, and economic development ef- forts are just some examples of factors that have profound im- plications for the financial sustainability of your government. At this session, hear from practitioners how they developed successful long- term financial strategies, using tools such as financial forecasting and inclusive, consensus -based decision -making processes. 8 CPE Credits Full Day Seminar • Friday, June 13.9:00 am — 5:00 pm What Works and Why? Analyzing Performance Measurement Data to Improve Budgeting and Decision Making Most local governments have performance measures but relatively few governments are using data from measurement for management and policy decisions. This session focuses on using measurement data to help decide whether programs are achieving desired results and to understand why or why not. Practitioners will tell how they have gone beyond simply measuring performance to analyzing measurement data to make evidence -based budgeting and service decisions. Speakers will also demonstrate software that enables more effective analysis of performance data. 8 CPE Credits Full Day Seminar • Saturday, June 14.9:00 am - 5:00 pm The Infrastructure Challenge: Assessing Needs and Funding Them How can governments develop and sustain necessary public infra- structure in an era of resistance to taxation and rapidly increasing operating costs? The session provides information on how governments can conduct an in-depth examination of infrastructure maintenance and replacement costs and explore funding options. Practitioners will share their experiences in using various cost estimation techniques, assessing funding options, and establishing maintenance and replacement plans. 4 CPE Credits Half -Day Seminar • Saturday, June 14.1:00 pm — 5:00 pm ERP Project Management Day Camp: Implementing Your ERP System How do governments prepare for successfully implementing a major ERP system? Participate in this intensive version of the GFOA's pop- ular ERP Project Management Boot Camp to hear about best prac- tices in planning, implementation, and post -implementation management from the government project manager's point of view. Experienced practitioners and the GFOA's technology advisors will discuss approaches to successful project governance, change management, and post -implementation activities. Don't miss this opportunity to learn from those who have implemented projects and lived to tell the story. 4 CPE Credits Half -Day Seminar • Saturday, June 14.1:00 pm — 5:00 pm Program The annual conference includes general sessions on Monday and Tuesday momings that feature recognized leaders in the government finance profession and offers more than 60 concurrent sessions and discussion groups that address current issues in government finance. Concurrent Sessions Create your own curriculum from among concurrent sessions in seven tracks offered over three days. Sessions cover the following areas: • Accounting, Auditing, and Financial Reporting • Budgeting and Financial Planning • Cash Management and Investing • Debt Management • Management and Policy • Pension and Benefits • Technology and Digital Government Discussion Groups On Tuesday, June 17 from 3:50 pm — 4:50 pm, you will have an op- portunity in a mid -sized group setting to focus on more concentrated topics affecting day-to-day challenges. Membership Become a member of the Government Finance Officers Association (GFOA) and join forces with over 17,300 colleagues dedicated to en- hancing the professional management of governments for the public benefit. For new membership dues call the GFOA at (312) 977-9700 and we will fax you the schedule, or visit the GFOA's Web site, www.gfoa.org. CPE Credits It is possible to earn up to 20 Continuing Professional Education (CPE) credits at the GFONs annual conference. Additional CPE credits can be earned by attending one of more of the GFONs preconference seminars. The GFOA is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the: Exhibit Heil See the latest innovations from exhibitors offering management- and finance -related products and services to local, state, and provincial governments. The GFOA's exhibit hall is open Sunday through Tuesday. Visit www.gfoa.org for a list of current exhibitors. GFOA's Product and Services Booth While in the hall, be sure to stop by the GFOA's Products and Serv- ices Booth to keep up to date on the GFOA's recent happenings. A GFOA staff member will be present at all times to answer any ques- tions. Senior staff members, including the GFOA's Director of Tech- nical Services and author of the 2005 GAAFR, Stephen Gauthier, will be featured to discuss hot topics in government finance. Certification Examinations The GFOA's Certified Public Finance Officer (CPFO) program con- tinues with the administration of all five examinations on Friday, June 13. Technical and administrative support for the program is provided by Radford University's Governmental and Nonprofit Assistance Center. For an application packet, please go to the certification sec- tion on the GFOA's Web site at www.gfoa.org or call Radford Uni- versity at 540-831-5453. GFOA YieldAdvantageTM" Stop by the GFOA YieldAdvantagev* booth in the exhibit hall to learn how this Web -based tool can help streamline your investment process, increase competition and enhance yields, as well as promote transparency. See what other governments across the country are al- ready doing with GFOA YieldAdvantageTm dope's QPEV National Registry of CPE Sponsors 150 Fourth Avenue North • Suite 700 Nashville, TN 37219-2417 www.nwba.org Accounting, Auditing, and Financial Reporting Sessions and discussion groups will focus on recent developments that should have a direct impact on accountants and auditors serving state and local governments. Specific topics will include examining Statement No. 49 from the Governmental Accounting Standards Board (GASB) to illustrate how to apply the unique provisions of this new standard (obligating events, benchmarks, estimation of ob- ligations and recoveries using discounted cash flows). Recent GASB implementation guidance and common reporting deficiencies also will be addressed. Other sessions will focus on matters of ongo- ing concern to accounting practitioners (e.g., internal control, fraud prevention, best practices, other post -employment benefits (OPEB), and fund balance). Likewise, the latest developments in public -sec- tor auditing will be examined (e.g., the newest edition of the "Yellow Book" and the "risk suite" auditing standards). Budgeting and Financial Planning Learn how to prepare the right plan at the right time. Sessions will cover topics on the ongoing organizational, political, and strategic demands and challenges finance officers face during every budget cycle. Leading practitioners will share their accounts on assessing and funding your organization's infrastructure needs as well as discuss cost -saving strategies including intergovernmental shared services. From outcome -based budgeting to communicating the need for a long-term financial plan, members will also provide their guidance and experiences on the budget process. Cash Management and Investing Get up to speed on the latest tools and technologies for improving and maintaining your treasury function and investment programs with this year's sessions. Practitioners will speak on cost-effective technologies available for portfolio management and how to ensure the safety of your money market funds. Technologies such as the use of online bill pay to efficiently collect revenue will also be discussed. Debt Management Jurisdictions of all sizes will benefit from expert accounts presented by the public and private sectors as well as the federal government in these debt management sessions. Session topics include dis- closure obligations, arbitrage regulations, and ratings upgrades. Members will provide strategies on how to manage bonds after they have been issued and will share advice in key areas of debt administration. A regulatory/judicial update on recent legislation affecting the work of public finance officers will also be presented. Management and Policy Today's finance officer requires knowledge of organization -wide issues ranging from going green without breaking the bank to developing a strategy -based finance organization. These sessions aim to help finance officers stay current on public sector issues, as well as teach the skills needed to successfully confront personal and professional challenges encountered daily. Timely topics such as economic development deals gone sour and infrastructure maintenance will be addressed, as well as leadership and communication issues. Pension and Benefits Discover innovative approaches to addressing pension, retirement, and healthcare issues important to finance professionals. Sessions on how to address OPEB liabilities and tips on evaluating retirement plan fees will be presented by seasoned finance professionals. In the healthcare area, sessions will focus on innovative healthcare cost avoidance initiatives for governments of all sizes. Other session topics include alternative investing, investing ethically, and an economic outlook for retirement funds. Technology and Digital Government What's the latest buzz in technology for the finance officer? Explore the technologies available to strengthen your government's relation- ship with the public. Sessions presented will help finance officers get the most out of existing technologies by providing advice on implementation strategies, budgeting for technology, and how to get more data management for your money. Practitioners will share their experiences on topics such as the maintenance and development of a sustainable knowledge management process, and intergovernmental technology sharing. Preliminary Schedule of Eveis Subject to change All conference sessions including preconference, meetings, luncheons, and exhibits will be held at the: Greater Fort Lauderdale/Broward County Convention Center 1950 Eisenhower Boulevard • Fort Lauderdale, FL 33316 8.00 am 0:00 am 10:00 am 11:00 am 12:00 pm 1:00 Gm 2:00 am 8:00 am 4:00 am 5:00 Pin Friday, June 13 Saturday, - June 14 11:ORam-t1map+111081 lllnOno -- •ORRelawlms uaauuWnsooOuu --'1:spar:=41lm�itrRin6elnn!$aminlr =` fOmR irm —d:RII pm � ReaishetilR OOsn Sunday,, ORO1•t:i >ta June 1 0m ape► -i0)Ik _ nat I�mli s ye4 9 '•MesWplBps opmttna0 Rllmminns. 4:80tm1-R:OBam* . 11�1�timmgedsle-RslCsa 1a� .. Monday, June 16 Tuesday, June 17 Wednesday, June 1$ O:RR im -l90 pa • 69p1laeRml RPIn - 14"sem . �7 tF ii l" Poniernsa RssllUlllos TENTATIVE— SUBJECT TO CHANGE Fort Lauderdale Tours and Events Florida is celebrated for its natural beauty, resources and fabulous weather. This natural bo••-'- in combination with the state's rich cultural diversity, provides many exciting possibilities for group entertainment and enrichment. Some sightseeing options: • Water Tours • Art Deco/Architectural Tours • Art Museum Tours • Everglades Tours • Shopping and Antiquing • Dine Around • Drift Fishing • Snorkeling Visit www.gfoa.org For a complete list of tours, including pricing and ordering information. Play Golf in Paradise! Sunday, June 15, 2008 - Four -person scramble • Bonaventure Country Club 8:00 am shotgun start • To sign up, visit the tour/event link at www-gfoa.org What better setting that a warm tropical breeze, and the world-famous Waterfall hole on Bonaventure Country Club's newly renovated East Course! Your $90 fee includes: • Greens fee, cart fee and range balls • Hole -in -one contest with $10,000 grandprize on hole #17 and additional prizes for the other 3 par 3's • Continental breakfast & barbecue lunch • Round-trip transportation from the Convention Center • Prizes for low gross, low net Welcome ,.. o Fort Get Connected! d Sunday, June15,2008 Greater Fort LauderdaleBroward County Convention Center, Hall A 4:30 pm — 6:00 pm Open to aU registered attendees and guests How many GFOA conferences have you attended? Is this your first? Fifth? Tenth in a row? Whatever your exposure to the GFOA conference, you know how important it is to "get connected" Are you interested in catching up with a familiar face? Finding a colleague you just met? If so, join us to unwind over some pre - dinner appetizers and beverages and have fun getting to know one another in this ideal setting. Concert and dine -around Tuesday, June 17,2008 6:00 pm —12:00 am The GFOA is excited to announce that this year's private concert will be held at Hard Rock Live — a one -of -a -kind intimate concert venue on the grounds of Seminole Hard Rock Hotel. Seminole Hard Rock Hotel — South Florida's ultimate entertainment destination — offers something for everyone!(www.seminolehardrockhollywoodcom) Confinual shuttle service will run between the GFOA conference hotels and Seminole Hard Rock Hotel from 6:00 pm — midnight. A wide variety of retail stores and restaurant options await you. Arrive early to shop, dine, and stroll around, or get there right before the show. Either way, you control your choices for the evening (just plan on being in your seat about 8:30 pm for the concert). You will want to watch the GFOA Web site where updates will be posted on the evening's entertainment. (wwweoa.org) For the first time, attendees will also have access to the exhibit area during the welcome reception. This schedule change provides you with a great opportunity to visit with vendors and discuss their serv- ices without having to dash off to a critical technical session. In addition, representatives from the Fort Lauderdale Convention and Visitors Bureau will be onsite at the reception to assist you in mak- ing dinner reservations for Sunday and Monday nights. Don't miss this opportunity to get connected! Concert and dine -around tickets: Adults, concert/dine-around (including $50 meal/beverage card*) $40 advance ($50 in Fort Lauderdale, tickets may be limited) Children under 18 (including $25 meal/beverage card*) $15 advance ($25 in Fort Lauderdale, tickets may be limited) Children under 5, complimentary ($10 meal/beverage card*) There'.v something for everyone at Seminole Hard Rock Motel! *MeaVbeverage cards will be good at designated restaurants on the grounds and during the concert at HaN Rock Live. Easy to Get There The GFOA has arranged the following discounts for conference travel: Airline Code Telephone American Airlines A1368AR 800-433-1790 Northwest Airlines NYVHR 800-328-1111 Please contact the airline directly. Airline Code Web site Spirit Airlines FLCVB www.spiritair.com/welcome.aspx Airport Shuttle Service Go Airport Shuttle is the official transportation provider at the Fort Lauderdale -Hollywood International Airport providing shared ride and towncar service. Discount coupons are available on the GFOA Web site. Taxis Yellow Cab taxis are available on demand around the clock at the airport. Please check in at the Transportation Podium located outside the baggage area on the lower level at the curb of each terminal. Rate comparison charts are posted at each podium. Cabs may accept up to five people for the fare stated on the taxi's meters. Rental Gar The GFOA has arranged the following discounts for local travel. Please follow the link on the GFOA Web site using the following codes: Rental Car Code Hertz 11257 CDP # 154477 Dollar Thrifty 004CO05657 Gaily Shuttle Service Daily shuttle bus service will be provided between the Greater Fort LauderdaleBroward County Convention Center and all the conference hotels. Evening Shuttle Service The GFOA will provide complimentary evening shuttle service from the official GFOA hotels with the first stop at The Gallery at Beach Place (www.galleryatbeachplace.com) and the second stop at Las Olas Boulevard (www.lasolasboulevard.com). Service begins from your hotel at 6:00 pm and ends at 11:00 pm, running approximately every 35-45 minutes. Start planning your free evening time in Greater Fort Lauderdale by visiting www.sunny.org. Wj Mark your calendar now for these upcoming GFOA Annual Conferences. The GFOA 103rd Annual Conference Seattle, Washington • June 28 — July 1, 2009 The GFOA 1041h Annual Conference Atlanta, Georgia • June 6 — 9, 2010 The GFOA 105th Annual Conference San Antonio, Texas • May 22 — 25, 2011 The GFOA 106th Annual Conference Chicago, Illinois • June 3 — 6, 2012 The GFOA 107th Annual Conference San Francisco, California • June 2 — 5, 2013 Register online at www.gfoa.org or fill out the form in this brochure and mail or fax it to the GFOA. Phone registrations cannot be ac- cepted. Check the registration discount dates and save money by reg- istering early. Registration Fees Include: Monday and Tuesday luncheons for delegates and the Sunday reception for delegates and guests. Guest Registration: Conference sessions and the luncheons on Monday and Tuesday are not open to guests and children. Guests will be admitted to the Sunday reception and the exhibit hall. There is no registration fee for guests or children, but they must be preregistered. Registration Fee Discounts: To qualify for fee discounts, payment must be received by the deadline dates listed. Additional Discounts: You will receive a 10 percent discount on your conference seminar registration if three or more people from your jurisdiction are attending the annual conference (registrations must be submitted together). Substitutions (Government entities only): A one -for -one substitution of a nonmember for an active member is allowed. If your organization has a current GFOA member on the staff who is not attending conference, a nonmember may attend in his or her place at the lower member rate. Please provide the name or the membership number of the GFOA member. Register today to take advantage of discounts at www.gfoa.org 111011SWIll Cancellation and Refund Policy: Conference and preconference seminar cancellations, registration changes, and refund requests must be made in writing to the GFOA. • March 14, 2008: Cancellations postmarked by this date will be refunded, less a 25 percent service fee. • May 16, 2008: Cancellations postmarked after March 14 but by May 16 will be refunded, less a 50 percent service fee. • May 17, 2008: No refunds will be issued from this date Regiester a 177 a PF i- Z a,x _ 9 Important Action Dates: January 30, 2008: First discount deadline April 16, 2008: Second and final discount deadline April 17, 2008: Full registration fee required w C O a m 0 U a in LL X O Y d N �j d pl E fn m N L - w1:1 C OI 9 N O 9 m O d C � J � � IL �v0 O m• ti y a QO .e .�- gE c E Q mQ E a o 1g o E � a Tag s�2 iH fR fA f9 64 c c a 6" LL C 0 0 l� n O IOI N �m waa' _a m c m M =L' ma iOa Evi mm Ed' ww E u ea 9�aEi m c d 'EA E U N d m J N x J Z q d a w E m -oa z L o •C T N iZ 0 C d _ E I� m p 0 � w 6 V y C9c m E a T E O w Y A a A � �. a• m E � p U O Ld1 L C O 3 a m m `m d m o z m JnLv ca agao � 0 i aN E .2.. c o 3 n o y n. a d E t' vi e m n `w y c Lh `° g O wu Co `; to ZEZa cw a i� Z n m d � ci io : z € c a o E n O p ai ~� ��~p aIC4 ao w• .Q O C O '�O Ydf� A Oul ` R� Y1' NC E a E p o O J J A • wAW 0 p GO i. m G ly N y h m 0 N m E u d aEi C y E E L° G w OVi L p�co d as V Y d C da .x WW aoi a a A O 0 O O O 0 cLi d E c C O � a C y L 0 U j A r d O d tU6 N d � V w y z a c N J 6 � J p W m y 0 R O L c w m E ea O d w E o d * o aO�� N Q C m d A a t 6 d a c o E d E E rma=� r2 IM 0 E J d r 0 o o d J � r N a w ry r C O A fn N E • � E d J p tpp a E d m r J in Z J Z J a : � —Qt Q U n _a O H Q C7 C3 d W aN E v>va 3de C 0 ❑ 3 i, dodA () m Q V 0 m a � � a E N» n a �00 T c d O 3 L is ¢ 3 3 d m rp m E 0 m 40 E aj y y � m � O W A LL cA O w � u e=a ma 6 3vo CL W W Z E m c O a A L zy A N �I _m d [L o m E d E I E J J N I I c I I d I a mt = 9C. U I I I E ;Ew E E z z z r2 zcA E v i LL is LL m ® 136 ii Housing Arrangements The GFOA has made special arrangements with area hotels to offer attendees and their guests discounted rates while attending the 2008 GFOA 102nd annual conference. Availability of all conference hotels is on a first -come, first -served basis and will be handled by the GFOA's Housing Bureau. If rooms are no longer available in the hotel(s) of the attendee's choice, availability of the remaining hotels will be used in determining where guests are assigned. Participating hotels will not honor direct reservations and published room rates apply only to rooms reserved through the GFOA's Housing Bureau. All reservations must be made by May 5, 2008. You will receive an acknowledgment from the GFO Vs Housing Bureau once your reservation is processed. Acknowledgments are immediate if booked online, one week if form is faxed. Please review this acknowledgment carefully for your assigned hotel's cancellation fees, policies, and procedures. The GFOA offers a variety of hotels in the Greater Fort Lauderdale area to meet the different needs of each attendee and their guests. Rates do not include hotel tax, which is currently 11 percent (subject to change). Housing Policies • Reservations cannot be accepted through travel agencies. • All reservations require a valid credit card deposit guarantee at the time of confirming reservations. Requests received without a valid guarantee will be returned and will not be processed. Credit cards must be valid through July 2008 to be considered a proper guarantee. • Checks are not accepted. If you are required to submit payment by government check, please contact the GFOA Housing Bureau for special arrangements. • You must be registered for the GFOA's annual conference prior to submitting your housing reservation. • If you do not register for the GFOA's annual conference, a higher hotel rate will apply. • Please print/type all items on the housing form to ensure accuracy. • Complete each portion of the form for accurate and rapid processing. • You will receive an acknowledgement for your housing and a separate confirmation for your conference registration. • Reservations must be made by May 5, 2008, to receive the discounted rates. • Contact the GFOA Housing Bureau to block 10 or more rooms. Guaranteeing Your Room Reservation A deposit of one night's room and tax is required to reserve your room. The deposit is to be made by credit card. Acceptable credit cards are American Express, Diner's Club, Discover, MasterCard, and Visa. Your credit card will be charged upon processing your reservation by the hotel. :_ �,- . -. ; _ - Changes and Cancellations Changes and/or cancellations can be made in writing directly to the GFOA's Housing Bureau through June 9, 2008. After this date, contact your hotel directly. All cancellations will result in a $10 non- refundable penalty after time of booking. Cancellations made after January 31, 2008, will result in a $25 non-refundable penalty. Cancellations made after March 15, 2008, will result in a $50 non-refundable penalty. Within 72 hours prior to arrival, canceled reservations will be charged $50 plus one night's room and tax. Requests for Suites Requests will not be honored until your registration form has been received by the GFOA. Please contact the housing bureau for rates and availability. Hotel Single Double Bahia Mar Beach Resort $115 $115 Best Western Oceanside $107 $107 Embassy Suites Fort Lauderdale $149 $149 Fort Lauderdale Grande $126 $132 Gallery One $129 $129 Hilton Fort Lauderdale Beach $I85 $185 Hyatt Regency Pier 66 $155 — $195 $155 — $195 Hyatt Place $107 $107 Marriott'sHarbor Beach $161 $161 Renaissance Fort Lauderdale $159 $159 Sheraton Fort Lauderdale Airport $107 $107 Sheraton Yankee Clipper $107 $107 Sheraton Yankee Trader $107 $107 aa- .4 b T ram) Official HoteL� 1. Bahia Mar Beach Resort 2. Best Western Oceanside 3. EmbassySuitesFort Lauderdale 4. Fort Lauderdale Grande S. Gallery One 6. Hilton Fort Lauderdale Beach 7. Hyatt Regency Pier 66 8. Hyatt Place 6. Mardott s Harbor Beach 16. Renaissance Fort Lauderdale 11. Sheraton Fort Lauderdale Airport 12. Sheraton Yankee Clipper 13. Sheraton Yankee Trader Hotel Reservation Form Reservations will not be processed if form is Hotel Selection Information: Select hotel from the list provided. Please indicate three choices of hotels incomplete. in order of preference. Housing for the Government Finance OfficersAs- sociation is now open. For best availability and immediate confirmation, make your reservation via Internet. Faxed housing requests will take longer to process and choice hotels may not be available. Contact the GFOA Housing Bureau to block 10 or more rooms or to make special pay- ment arrangements by check. Internet Reservations www.gfoa.org Faxed/Malled Reservations Faxed reservations should be sent to the GFOA Housing Bureau at 954-765-4414 1st Choice: 2nd Choice: 3rd Choice: Type of Room: Please Check One: ❑ Smoking ❑ Non -Smoking Please Check One: ❑ One Bed ❑ Two Beds Please Check One: O Single ❑ Double ❑ Triple ❑ Quadruple ❑ Check here if you have a disability requiring special services. Special Requests: Guest Information Mailed reservations should be sent to the GFOA Housing Bureau c/o GFLCVB First Name Last Name 100 East Broward Blvd. • Suite 200 Fort Lauderdale, FL 33301 Acknowledgements You will receive an acknowledgment from the GFOA Housing Bureau once your reservation is processed. Acknowledgements are immediate if booked online, one week if form is faxed. Changes and Cancellations Changes and/or cancellations can be made in writing directly to the GFOA's Housing Bureau through June 9, 2008. After this date, contact your hotel directly. All cancellations will result in a $10 non-refundable penalty after time of booking. Cancellations made after January 31, 2008, will result in a $25 non-refundable penalty. Cancellations made after March 15, 2008, will result in a $50 non-refundable penalty. Within 72 hours prior to arrival, canceled reservations will be charged $50 plus one night's room and tax. Information For more information, call: 877-664-4774, Monday — Friday: 9:00 am — 5:00 pm EST or e-mail: g/lhousing@broward.org Hotel Arrival and Departure Information: Arrival Date: Departure Date: Address State/Province Zip/Postal Code E-mail Address Daytime7elephone Fax—) Other Occupants 1. Delegate ❑ Yes O No 2. Delegate ❑ Yes ❑ No 3. Delegate O Yes ❑ No 4. Delegate ❑ Yes ❑ No Payment Information: All reservations must be guaranteed by a valid credit card. Housing forms received without a guarantee will not be processed. Please Check One: ❑ Amex ❑ Diner's Club ❑ Discover ❑ MasterCard ❑ VISA Card Number: Expiration Date: / Cardholder: Cardholder Signature: t 9 a •� 0 s OF AGENDA CATEGORY: BUSINESS SESSION: COUNCILIRDA MEETING DATE: December 18, 2007 CONSENT CALENDAR: ITEM TITLE: Approval of Annual Continuing Disclosure STUDY SESSION: for the City of La Quinta 2000-1 Assessment District for Fiscal Year End June 30, 2007 PUBLIC HEARING: RECOMMENDATION: Approve, receive and file the Annual Continuing Disclosure for the City of La Quinta 2000-1 Assessment District for Fiscal Year End June 30, 2007. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On November 10, 1994, the Securities and Exchange Commission adopted amendments to existing federal regulations (Rule 15c2-12) for bonds issued after July 3, 1995, requiring issuers of municipal securities (bond issues) to do the following annually for each bond issue: 1. Prepare official statements meeting the content requirement of Rule 15c2- 12. 2. File certain financial information and operating data with national and state repositories each year. ,a , 141 3. Prepare announcements of the significant events including payment defaults, defeasances and draws on a reserve fund as the events occur. Attachment 1 is the 2006/07 Annual Continuing Disclosure Statement for the City of La Quinta 2000-1 Assessment District - La Quinta, prepared in accordance with the three aforementioned requirements. Additionally, no announcement of significant events was necessary for Fiscal Year 2006/2007. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 Approve, receive and file the Annual Continuing Disclosure for the City of La Quinta 2000-1 Assessment District for Fiscal Year End June 30, 2007; or 2. Do not approve, receive and file the Annual Continuing Disclosure for the City of La Quinta 2000-1 Assessment District for Fiscal Year End June 30, 2007; or 3. Provide staff with alternative direction. Respectfully submitted, John M. Falconer, Finance Director Approved for submission by: Thomas G. Genovese, City Manager Attachment: 1. 2006/07 Annual Continuing Disclosure Statement for the City of La Quinta 2000-1 Assessment District 142 `a A f TA(:NMtN 1 1 CITY OF LA QU/NTA ASSESSMENT DISTRICT NO. 2000-1 (PHASE VI IMPROVEMENTS) $2,285,000 LIMITED OBLIGATION IMPROVEMENT BONDS Riverside County, California Dated: June 21, 2000 CUSIP: 604193 2006/2007 ANNUAL CONTINUING DISCLOSURE INFORMATION STATEMENT DECEMBER 11, 2007 Also available at: MuniFinancial www.muni.com • 143 LIST OF PARTICIPANTS CITY OF LA QUINTA www.la-quinta.org John Falconer Finance Director P.O. Box 1504 78-495 Calle Tampico La Quinta, California 92247-1504 (760) 777-7150 DISCLOSURE CONSULTANT & DISSEMINATION AGENT MuniFinancial Temecula, CA 92590 (951) 587-3500 Report available for viewing tip www.muni.com UNDERWRITER Miller & Schroeder Financial, Inc. BOND COUNSEL Rutan & Tucker LLP Costa Mesa, California PAYING AGENT Brad Scarbrough U.S. Bank Trust, N.A. 633 West 5th Street, 24th Floor Los Angeles, California 90071 (213)615-6047 In its role as Disclosure Consultant and Dissemination Agent, MuniFinancial has not passed upon the accuracy, completeness or fairness of the statements contained herein. 4 I. INTRODUCTION Pursuant to an Official Statement dated June 21, 2000, the City of La Quinta, ("City") issued $2,285,000 Assessment District No. 2000-1 (Phase VI Improvements) ("District'), Limited Obligation Improvement Bonds ("Bonds"). The Bonds were issued to finance the construction and acquisition of sewer improvements within the areas commonly known as Village Cove, Westward Ho Drive and Bottlebrush/Sagebrush/Saguaro Streets, which are located within the Assessment District. The City, which comprises approximately 35.05 square miles, is located in the Coachella Valley, twenty miles from Palm Springs and 127 miles from Los Angeles. The District includes three non-contiguous areas in the City. The three areas are the Village Cove section, Westward Ho Drive, and Bottlebrush/Sagebrush/Saguaro Streets. The Village Cove Section is generally located in the area bounded by Calle Tampico on the north, Calle Sinaloa on the south, Washington Street on the east, and Eisenhower Drive on the west. The Westward Ho Drive Area is bounded by Dune Palms Road on the west, Jefferson Street on the east, Westward Ho Drive on the north, and the Coachella Valley Water District (CVWD) Stormwater Channel on the south. The Bonds are limited obligation improvement bonds secured by unpaid assessments on the properties in the District. The Bonds are not a debt of the City, the State of California, or any of its political subdivisions and neither the City, the State of California, nor any of its political subdivisions is liable. The Bonds do not constitute indebtedness within the meaning of any constitutional or statutory debt limit or restriction. This Annual Continuing Disclosure Information Statement is being provided pursuant to a covenant made by the Agency for the benefit of the holders of the Bonds and includes the information specified in a Continuing Disclosure Certificate. For further information and a more complete description of the City and the Bonds, reference is made to the Official Statement. The information set forth herein has been furnished by the City and by sources, which are believed to be accurate and reliable but is not guaranteed as to accuracy or completeness. Statements contained in this Annual Continuing Disclosure Information Statement which involve estimates, forecasts, or other matters of opinion, whether or not expressly so described herein, are intended solely as such and are not to be construed as representations of fact. Further, the information and expressions of opinion contained herein are subject to change without notice and the delivery of this Annual Continuing Disclosure Information Statement will not, under any circumstances, create any implication that there has been no change in the affairs of the City or any other parties described herein. Fiscal Year 2006/2007 City of La Quinta, Assessment District 2000-1 1 .A 145 5 ll. BONA INFORMATION A. PRINCIPAL OUTSTANDING Bond Issue As of September 30, 2007 Assessment District No. 2000-1 (Phase VI Improvements) $1,120,000 Limited Obligation Improvement Bonds B. FUND BALANCES Fund Name As of September 30, 2007 Redemption Fund $115,441 Reserve Fund $190,319 Reserve Requirement t'I $187,340 (1) The Reserve Requirement was calculated based on the lesser of a) maximum annual debt service on the outstanding bonds b) 125% of the average annual debt service on the bonds, or c) 10% of the original issue amount of the bonds as set forth in the Official Statement. Source. City of La Quinta, as compiled by MuniFinancial Fiscal Year200612007 City of La Quinta, Assessment District 2000-1 ® 146 6 R OPERATING INFORMATION A. PARCEL INFORMATION BY ZONING 2007108 Assessed Value % Of Remaining Remaining Number of Assessment Assessment Parcels Land Structure Total Lien Value to Lien Lien Developed Commercial 27 $3,126,898 $14,122,943 $17,249,841 $88,369 195.20 7.61% Undeveloped Commercial 27 4,676,436 0 4,676,436 88,675 52 74 7.63% Subtotal Commercial 54 $7,803,334 $14,122,943 $21,926,277 $177,044 123.85 15.24% Developed Residential 353 $21,896,274 $64,480,246 $86,376,520 $840,436 10278 72.33% Undeveloped Residential 62 5,303,458 15,606 5,319,064 144,446 36.82 12.43% Subtotal Residential 415 $27 199 732 $64 495 852 $91,695,584 $984,882 93.10 84.76% Grand Total 469 $35,003,066 $78,618,795 $113,621,861 $1,161,926 97.79 100.00% Development Status is based on County Land Use Codes and Structure Value. Source: Riverside County 2007108 Secured Property Roll, as compiled by MuniFinancial B. PARCEL INFORMATION BY DEVELOPMENT STATUS 2007/08 Assessed Value % Of Remaining Remaining Number of Assessment Assessment Parcels Land Structure Total Lien Value to Lien Lien Developed Commercial 27 $3,126,898 $14,122,943 $17,249,841 $88,369 195.20 7.61% Developed Residential 353 21,896,274 64,480,246 86,376,520 840,436 102.78 72.33% Subtotal Developed 380 $25 023 172 $78 603 189 $103 626 361 $928 805 111.57 79.94% Undeveloped Commercial 27 $4,676,436 $0 $4,676,436 $88,675 52.74 7.63% Undeveloped Residential 62 5,303,458 15,606 5,319,064 144,446 3682 12.43% Subtotal Undeveloped 89 $9 979 894 $15 606 $9 995 500 $233122 42.88 20.06% Grand Total 469 $35,003,066 $78,618,795 $113,621,861 $1,161,926 97.79 100.00% Development Status is based on County Land Use Codes and Structure Value Source: Riverside County 2007108 Secured Property Roll, as compiled by MuniFinancial Fiscal Year 200612007 City of La Qwnta, Assessment District 2000-1 ® 147 C. DELINQUENCY SUMMARY There are currently no delinquent property owners responsible for 5% or more of the total assessment levied. Number Number of Fiscal Of Parcels Annual Assessment Percent Year Parcels Delinquent Assessment Delinquent I') Delinquent 2000/01 468 1 $243,338 $512 0.21% 2001/02 464 2 $245,572 $1,122 0 46% 2002103 463 2 $242,218 $1,041 0.43% 2003/04 464 2 $244,913 $1,102 045% 2004/05 452 4 $237,035 $1,805 0.76% 2005/06 451 6 $235,550 $2,923 1.24% 2006/07 471 24 $205,139 $9.668 4.71 % (1) Amount delinquent as of September 11, 2007 Source: Riverside County, as compiled by MuniFinancial D. VALUE TO DEBT The following table sets forth by Value to Debt, the Remaining Bonded Debt and Assessed Value for parcels within the District. % Of 2007108 2007108 2007108 Remaining Remaining Value to Lien Number of Assessed Land Assessed Total Assessed Assessment Assessment Category Parcels Value Structure Value Value Lien Lien Greater than 500 22 $3,678,442 $17,592,507 $21,270,949 $21,442.33 1,85% 200to499.99 25 3,776,966 9,137,800 12,914,766 45,307.56 3.90% 100to 199.99 116 13,983,746 24,681,491 38,665,237 282,241.57 24.29% 50to 99.99 163 9,758,914 21,468,799 31,227,713 428,498.06 36.88% 20to 49.99 86 2,858,793 5,512,457 8,371,250 239,988.64 20.65% 5to 19.99 32 804,141 224,333 1,028,474 84,743.77 7.29% Less than 5 25 142,064 1,408 143,472 59,704.37 5.14% Grand Total 469 $35,003,066 $78,618,796 $113,621,861 $1,161,926.30 100.00% Source: Riverside County 2007/08 Secured Property Roll, as compiled by MuniFinancial. Fiscal Year 200612007 City of La Quinta, Assessment District 2000-1 4 •' 143 8 F � env b OF1 COUNCIL/RDA MEETING DATE: December 18, 2007 ITEM TITLE: Approval of Annual District Information Sheets for the City of La Quinta Assessment District Nos. 92-1 and 97-1 for Fiscal Year End June 30, 2007 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve, receive and file the Annual District Information Sheets for the City of La Quinta Assessment District Nos. 92-1 and 97-1 for Fiscal Year End June 30, 2007 (Attachment 1). FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In an effort to monitor the condition of the City-wide Assessment Districts and to report to the investment community the status of the City Assessment Districts, district information sheets have been prepared. Based upon staff review of the Disclosure Information Sheets and based upon discussions with MuniFinancial, who prepared the documents, adequate reserves are available to meet debt service payments for the Fiscal Year 2006/2007. Staff is pleased to report that all 92-1 Assessment District Bonds were repaid in September 2007, which will result in lower property tax bills for property owners that district in future years. A, 149 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve, receive and file the Annual District Information Sheets for the City of La Quinta Assessment District Nos. 92-1 and 97-1 for Fiscal Year End June 30, 2007; or 2. Do not approve, receive and file the District Information Sheets for the City of La Quinta Assessment District Nos. 92-1 and 97-1 for Fiscal Year End June 30, 2007; or 3. Provide staff with alternative direction. Respectfully submitted, John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. 2006/07 District Information Sheets for the City of La Quinta Assessment District Nos. 92-1 and 97-1 ® 150 2 ATTACHMENT 1 SIGNIFICANT EVENT REPORT NOTICE OF TENDER AND TERMINATION OF REPORTING OBLIGATION City of La Quinta RIVERSIDE COUNTY, CALIFORNIA ASSESSMENT DISTRICT NO.92-1 $1,880,891.50 LIMITED OBLIGATION IMPROVEMENT REFUNDING BONDS Pursuant to an Official Statement dated September 1, 1993 the City of La Quinta issued $1,880,891.50 Assessment District No. 92-1, Limited Obligation Improvement Bonds ("Bonds"). The Bonds were issued for the purpose of (i) funding a debt service reserve fund, (ii) paying the costs of issuing the Bonds and (iii) financing the costs and expenses of the acquisition and construction of certain public improvements. On September 2, 2007, all remaining bonds, in the amount of $125,000 were called in full. a " 151 3 District Information Sheet Assessment District No. 97-1 City of La Quinta, Riverside, CA BOND STATUS as of 1111512007 Outstanding Principal: $460,000.00 Annual Debt Service For Amount 2007 $ 56,990 00 2008 $ 55,490.00 DISTRICT STATUS No. of Fiscal Amount Percent Parcels Range of Annual Assessments Year Assessment Delinquent Delinquent Delinquent for Fiscal Year 2007108 2005/06 $64,813.60 $0.00 0.00% 0 Highest Annual Assessment Per Parcel. $658.64 2006/07 $64,609.50 $0 00 0 00% 0 Lowest Annual Assessment Per Parcel: $320.24 Average Annual Assessment Per Parcel $601.43 BOND SUMMARY INFORMATION Original Issue Amount (Par) $745,000.00 Final Maturity September 2, 2018 Date of Issuance December 3, 1998 Bond Call Notice (days) 30 Coupon Payment Dates March 2, September 2 DISTRICT SUMMARY INFORMATION Overall Assessed Value / Lien Ratio 56.11 Total Assessed Improvements $21,299,718.00 Total Assessed Value $28,074,184.00 Total Assessed Land $6,774,466.00 Type of Improvements Roads, water, sewer, landscape ACTIVE PARCEL INFORMATION as of 06/30/07 Number Percentage of Percentage of Annual Category of Parcels Total Parcels Assessment Improved Parcels 105 100,00 % 100.00% Unimproved Parcels 0 0.00% 0.00% Total 105 100.00% 100.00% FUND BALANCE INFORMATION Fund As of Date Balance Type of Investment Funds Administered By Redemption Fund September 30, 2007 $39,787.42 N/A Held By City Reserve Fund September 30, 2007 $62,028.60 N/A Held By City Approx. Reserve Requirement: $61,160.00 All assessed values are based on data obtained from the applicable county The information pertaining to the District and its underlying security has been obtained by MuniFinancial from sources believed to be reliable, but is not guaranteed as to accuracy or completeness. The release of this information is not intended to be, and should not be construed as, an endorsement of such security nor a recommendation to purchase, sell or hold such security. Compiled by: MuniFinancial 27368 Via Industda, Suite 110 Temecula, CA 92590 (951) 587-3500 www.muni.com Page 1 of 2 ® 152 4 District Information Sheet Assessment District No. 97-1 City of La Quints, Riverside, CA OUTSTANDING DELINQUENCY INFORMATION as of 9111/07 Total Delinquencies Delinquency Rate Delinquent No. Tax Year Assessment (current) (current) of Parcels 2000/01 $66,323.70 $0.00 0.00% 0 2001/02 $65,457.70 $000 0.00% 0 2002/03 $69,416 60 $0.00 0.00% 0 2003/04 $70.899 80 $0.00 0.00% 0 2004/05 $65,540.80 $0.00 0,00% 0 2005/06 $64,813.60 $0.00 0 00% 0 2006/07 $64,609.50 $000 0.00% 0 PARCEL OWNERS (REPRESENTING S% OR MORE OF TOTAL ASSESSMENT) based on County Property Data as of 06/30/07 Number % of Total Annual Assessment % of Annual Assessed Owner of Parcels Parcels for Fiscal Year 2007/08 Assessment Value There are currently no parcel owners representing 5% or more of the total N/A N/A N/A N/A N/A assessment. Aggregate information for each °caner listed is based on owner name as shorn on the applicable seared roll maintained by the county Accordingly. variations in the owner name shown on the seared roll may muse multiple listings for me same owner or for me data to be incomplete CALL PROVISIONS Optional Redemption: PRINCIPLE UNDERWRITER Miller and Schroeder Financial, Inc. Solana Beach, California VALUE TO LIEN RATIO: as of 06/30/07 % of Total Value to Lien No. of % of Aggregate Remaining Remaining _ Ratio Parcels Total Parcels Assessed Value Assessment Lien Principal 100: 1 and Above 4 3,81% $1,737,895.00 $12,346.93 2.47% 75:1 to 99.99:1 18 17.15% 6,968,333.00 83,048.60 16 60% 50:1to74.991 31 2952% 9,113,135.00 151,261.09 30.23% 25:1 to 49.99:1 52 49.52% 10,254,821.00 253,728 28 50.70% Less than 25:1 0 0.00% 0.00 0.00 0.00% Total 105 100.00% $28,074,184.00 $500,384.90 10000% All assessed values are based on data obtained from the applicable county. The information pertaining to the District and its underlying security has been obtained by MuniFinancial from sources believed to be reliable, but is not guaranteed as to accuracy or completeness. The release of this information is not intended to be, and should not be construed as, an endorsement of such security nor a recommendation to purchase, sell or hold such security. Compiled by: MuniFinancial 27368 Via Industria, Suite 110 Temecula, CA 92590 (951) 587-3500 www.muni.com Page 2 of 2 ceww ^F 44u+*m COUNCIL/RDA MEETING DATE: December 18, 2007 ITEM TITLE: Approval of the Declaration of Surplus Property RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: L STUDY SESSION: PUBLIC HEARING: Approve the Declaration of Surplus Property declaring the items listed in Attachment 1 as surplus and authorize staff to advertise its sale, and if unsold, to dispose of the property by other legal means. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City has accumulated obsolete and non-functional property items over the last six months. The equipment has little or no market value and in accordance with Section 3.12.320 of the Municipal Code, the City may dispose of the equipment by auction, by sale or otherwise after receiving bids and proposals. Staff is proposing advertising the surplus equipment in The Desert Sun newspaper and receiving sealed bids. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: s 154 1. Approve the Declaration of Surplus Property declaring the items listed in Attachment 1 as surplus and authorize staff to advertise its sale and, if unsold, to discard of the property by other legal means; or 2. Do not approve the Declaration of Surplus Property declaring the items listed in Attachment 1 as surplus and authorize staff to advertise its sale and, if unsold, to discard of the property by other legal means; or 3. Provide staff with alternative direction. Respectfully submitted, John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Declaration of Surplus Property a 15:1 +7 ATTACHMENT 1 � C H Z d O) E 75 d •� y Q J W y LL 7 7 o CL V � U -------------------------- N N cy c c ` c Y` c O C Y C Y C Y c X c Y C Y= C c Y c X c -W c X c �C C Y c Y c y c Y c y c y 0 333033 0 0 3 08 O O O O O O O O O O O O O O O O 33333333333 33333 z ------------ lO N0MCD M n0 CO CO w C4 n NO co N r� O to D COS 000mmNN co n zNMMwTI a "OOOOU a O0ION M O NND IO Mn W p > La np��U. 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C r+ Y O ` L-0 r .0 m C7 co C7 O U _N 3 U m D] 0 0 F F = 0 157 4 Y m N o E m o c y y CY c rn c N Y Y Y Y 3 N f0 U E m m Y m m N O) N m J m a O Z q} N N N Y m% m U O N � N a+ ♦+ N L L nc oN 3LE m `m m aai a a aai°'`o mmmL dN N N m � 3 U N 06 a� N C m N Y U a C m -EL N L 0 � p, a O p_ U Y C N - 3 y N +m+ a y c N p U m N 07 M 'm M N N Q fn Q � _ 2 00 ao O N N Q Q M se J Y W c m 'o a = m 0 o L = Y A' 153 5 0 ` Y g y 3 3 ++ N 3 ++ N Y 0)Y 7i 0 a) Z O O 0 0 M M O 2 � fA M � x 0 L O a a) m O Y L C m L }e N C m 3 }.� C a a) '2 C r N O N U U (0 r 3 LL N C: Q C G. a) 'LLO t E 0 L L -LLO L N m L a) zt m O_ d f0 Y o co Q= m o m m my M a) > N C' Q !/i Q Q a) Q to Cl O. Y O W fn N M J N O N . 1 Q QO 00 l0 00 N QO co 0 M M M O) M M M co d) a O -2 -O V lLLL LL LL LL , 159 4 - Qum& E`� OF TKF'9 COUNCIL/RDA MEETING DATE: December 18, 2007 AGENDA CATEGORY: ITEM TITLE: Authorization for Overnight Travel for the BUSINESS SESSION: City Clerk to Attend the Master Municipal Clerk Academy CONSENT CALENDAR: to be held in Santa Barbara, CA, February 6 — 8, 2008 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve authorization for overnight travel for the City Clerk to attend the Master Municipal Clerk Academy to be held in Santa Barbara, CA, February 6 — 8, 2008. FISCAL IMPLICATIONS: Funding is available in the budget from Travel, Training and Meetings Account No. 101-201-637-000. The entire cost, including hotel and meals, is included in the registration amount of $1,000 (Attachment 1). CHARTER CITY IMPLICATIONS: ►ren" BACKGROUND AND OVERVIEW: The Master Municipal Clerk Academy is offered as an educational venue to enable aspiring City Clerk's to obtain the necessary points to apply for the Master Municipal Clerk designation. This 3-day academy will focus on the different aspects and challenges faced by City Clerks, including: Master Municipal Clerk designation; elections; legalities; leadership; mentoring; and advanced skills (Attachment 2). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for the City Clerk to attend the Master Municipal Clerk Academy to be held in Santa Barbara, CA, February 6 — 8, 2008. 2. Do not approve authorization for overnight travel for the City Clerk to attend the Master Municipal Clerk Academy to be held in Santa Barbara, CA, February 6 — 8, 2008. 3. Provide staff with alternative direction. Respectfully submitted, =1'2� Veronica J. ntecino, City Clerk Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Professional Development Series Overview 2. Master Municipal Clerk Academy Program U1 ATTACHMENT I February 2008 Master Municipal Clerk Academy Curriculum Round 1 - Wednesday (2•00 p.m. 6.00 p.m.) 101 - Master Municipal Clerk - What Does It Really Mean? (4 hours) (A) In this course, the community will discuss the meaning of Master Municipal Clerk status and the responsibilities that go along with this designation. You will explore how your advanced education, professional and social contributions add value to your agency, community, and Association. Through in depth discussion and exercises, your commitment to lifelong learning will be honored by challenging your personal beliefs and assumptions about your chosen profession. You will also explore various ways to become more engaged in your professional associations and organizations. Trainers: Colleen Nicol, Gail Vasquez -Connolly Round 2- Thursday (8• 0 a m 12.00 D m) 201 - Conquering the Intricate World of Elections (4 hours) (A) Today's election world seems to be in a constant state of flux. HAVA and the fate of electronic voting is the hot topic of the day when it comes to elections. This session will focus on the intricacies of elections and how the election process has changed since the enactment of HAVA. You will gain insight into how to effectively partner with your local County Elections Clerk and others to help inform and train the public on voting rights, and how to implement HAVA in a way that will ensure the enfranchisement of all eligible citizens. Trainers: Gail Vasquez -Connolly, Conny McCormack 202 - Understanding the Complex Legalities of the Clerk Domain (4 hours) (A) Using the League's California Municipal Handbook as a guide, this workshop will focus on a number of important yet ambiguous topics. You will gain greater insight in and learn how to appropriately respond to: Liability and litigation with specific emphasis on tort claims, responding to subpoenas and depositions; Redevelopment and eminent domain; and Open government - the public's right to testify. There will also be discussion regarding the potential impact of current legislation on these issues as well as tips on how legislative advocacy can benefit you and your Association. You will leave this session with a variety of tools, techniques and resources to add to your tool kit. Trainers: Colleen Nicol, Shalice Reynoso, Gregory P. Priamos Round 3 - Thursday (1.00 p.m. - 6.00 p.m.) 301 - Transformative Leadership: Being a Leader Amongst Leaders (S hours) (B) In this session, you will have the opportunity to reflect on your understanding of leadership, your global and local context, and your own personal vision of your role as a leader. You will also develop and articulate a personal leadership philosophy. You will gain deeper insight into the consequences (intended and unintended) of your behavior and decisions, and learn how to best practice purposeful leadership behaviors. Through insightful discussion and exercises, you will have the opportunity to identify and evaluate your strengths and weaknesses and develop an action plan for ongoing personal growth and transformation of yourself, your organization and your community. Trainers: Gail Vasquez -Connolly, Pamela Miller 302 - Coaching and Mentoring Others for Success: A Life Skill (S hours) (B) What does it mean to be a coach? What does it mean to be a mentor? There are many aspects to coaching and mentoring including as a Supervisor, within your community, as a leader in your field, and as a consultant. As a Master Municipal Clerk, coaching and mentoring others are key responsibilities. 0 162 In this session, you will identify your coaching and mentoring strengths and increase your skills to effectively coach and mentor your employees and other municipal clerks. You will explore the potential problems that may arise in the mentor/mentee or coaching relationship and how to effectively handle them. You will also gain insight into ways you can mentor at the community level. Trainers: Colleen Nicol, Maureen Kane Round 4 — Friday fg:00 a.m. — 1.00 p.m.) 401 —Advanced Government Clerk Skills: Sharing the Depth of Your Skilfs and Knowledge (4 hours) (A) The main focus of this session will be driven by the needs of the participants. Some areas of focus will include sharing of experience, wisdom, and best practices in ethics and open government, effective meeting management techniques, and how to inclusively work with diverse communities. In this session you will have the opportunity to question and challenge your current knowledge level as you focus on personal capacity building. You will have the opportunity to constructively explore questions and situational concerns brought forth by your fellow clerks and collectively work action plans for solutions. Trainers: Colleen Nicol, Gail Vasquez -Connolly ■" 163 Overview ATTACHMENT 2 CONfINUENG 1EDUCACION tou PUBL1COFFICIALS Home About CEPO Conferences Testimonials Members Links Contact Us Overview Professional Continuing Education for Public Officials (CEPO) offers various types of conference Development curriculum. Series 2008 CEPO is pleased to announce it's NEW Professional Development series, beginning in Leadership 2007 February, 2008. The February 2008 Professional Development Session will be held February 6th through 8th, 2008. This session will be held at La Casa de Maria Retreat Center in Santa Barbara. There will be two (2) sessions running concurrently during this three day period. Workplace Conflict Resolution: Improving Employee Performance and Teamwork Tuition fees include room, board, meals, and all course materials. Register now and pay only $1500! To find out more about this amazing workshop, read the information below, or select the course link on the left toolbar menu. To register, click here. Master Municipal Clerk Academy Tuition fees include room, board, meals, and all course materials. Register now and pay only $10001 To find out more about this very special workshop, read the information below, or select the course link on the left toolbar menu. To register, click here. The CEPO Leadership curriculum is based on the Leader Development Process described in Beyond Bravery, the Courage to Lead, (David G. ]ones, Ph.D., 1989). This theory is described in more detail in the About CEPO section of this website. The Leadership 2007 session was held August 19th through 24th at La Casa de Maria 164 Overview Retreat Center in Santa Barbara. For more details on this week-long leadership session, please select the Leadership 2007 link from the left toolbar menu. Mark your calendars!! CEPO Leadership 2008 dates are August 17th through 12nd, 2008. CEPO Refund Policy No refunds if cancellation is received two (2) weeks prior to the start of the session for which you are registered. An administrative fee of $100 will be charged for all cancellations received more than two (2) weeks prior to the start of the session for which you are registered. Registration is confirmed upon receipt of your completed registration form and payment. Continuing Education for Public Officials PO Box 52355 Riverside, Ca 92517 Phone & Fax: (951) 789-8319 contact@ceooweb.mm e.; 161 10 ME, M COUNCILIRDA MEETING DATE: December 18, 2007 ITEM TITLE: Approval of a Contract Change Order to GKK Works to Paint and Re -Carpet the Existing City Hall RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: IoZ STUDY SESSION: PUBLIC HEARING: Approve a contract Change Order to GKK Works in the total amount of $165,234 to paint and re -carpet the existing portions of City Hall and appropriate that amount for the improvements from the Equipment Replacement Fund. FISCAL IMPLICATIONS: Sufficient funds have been accumulated in the Equipment Replacement Fund, Account # 501-0000-290.00-00 to fund the expenditure. CHARTER CITY IMPLICATIONS: There is no requirement for prevailing wage on the project. BACKGROUND AND OVERVIEW: On September 19, 2006, the City Council awarded a contract to GKK Works for the construction of the City Hall expansion. The contract did not include carpet or paint for the existing portions of the building. The existing carpet is over fourteen years old and most of the walls in the building have never been repainted. The equipment replacement fund established has accumulated approximately $182,000 over the years for these purposes, and needs only to be allocated by the City Council in order to be expended. By adding the work to the current contract, the City will save time and money associated with the formal bid process and the mobilization of another contractor. !` 166 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve a contract Change Order to GKK Works in the total amount of $165,234 to paint and re -carpet the existing portions of City Hall and appropriate that amount for the improvements from the Equipment Replacement Fund; or 2. Do not approve the Contract Change Order; or 3. Provide staff with alternative direction. Respectfully submitted, --7-e A b /j4,,,r Tom Hartung Director of Building and Safety Approved for submission by: Thomas P. Genovese, City Manager a 167 2 T4ht 4 XP Qm&Z COUNCIL/RDA MEETING DATE: December 18, 2007 ITEM TIJLE: Approval of a Contract Change Order to GKK Works to Install Covered Parking and Additional Accessible Parking Spaces at the La Quinta Library AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: 43 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve a contract Change Order to GKK Works in the total amount of $166,079 to install covered parking and accessible parking spaces at the La Quinta Library. FISCAL IMPLICATIONS: Sufficient funds have been appropriated in the Fiscal Year 2007/08 budget for Phase II of the Library project. CHARTER CITY IMPLICATIONS: There is no requirement for prevailing wage on the project. BACKGROUND AND OVERVIEW: On September 19, 2006, the City Council awarded a contract to GKK Works for the construction of the City Hall expansion. The City Council also approved funding for Phase II of the library as part of the current fiscal year budget. Rather than bid the Library improvements as a separate public works project, staff is proposing to add it to GKK's scope of work in the form of a Change Order. This method eliminates the costs associated with mobilizing another contractor as well as the costs associated with the formal bid process. It also allows the City to negotiate a fair price for the work with a contractor of proven abilities. Is 163 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve a contract Change Order to GKK Works in the total amount of $166,079 to install covered parking and accessible parking spaces at the La Quinta Library; or 2. Do not approve the Contract Change Order; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung Director of Building and Safety Approved for submission Thomas P. Genovese, C 169' T4'yl 4 rwQwmrw COUNCIL/RDA MEETING DATE: December 18, 2007 ITEM TITLE: Approval of a Contract Change Order to GKK Works to Replace the Existing Parking Lot South of City Hall AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 14 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve a contract Change Order to GKK Works in an amount not to exceed $242,789 to replace the existing parking lot south of City Hall. FISCAL IMPLICATIONS: Sufficient funds exist in the project contingency account to complete the additional work. CHARTER CITY IMPLICATIONS: There is no requirement for prevailing wage on the project. BACKGROUND AND OVERVIEW: On September 19, 2006, the City Council awarded a contract to GKK Works for the construction of the City Hall expansion. The scope of work included constructing a new parking area south of the existing spaces, but it did not include rehabilitating the existing lot. The proposed change order will cause the existing asphalt to be completely removed, base removed and new base installed to areas that have experienced excessive water over the years and installation of new asphalt and striping for the entire lot. It Will not be known exactly how much base has to be replaced until the asphalt is removed and the base tested. The not to exceed amount of $242,789 represents the worse Case scenario. e 179 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a contract Change Order to GKK Works in an amount not to exceed $242,789 to replace the existing parking lot south of City Hall; or 2. Do not approve the Contract Change Order; or 3. Provide staff with alternative direction. Respectfully submitted, To F�artung Director of Building and Safety Approved for submission by: Thomas P. Genovese, City Manager GACity HalnCO Parking lot.doc I 0 171 2 AGENDA CATEGORY: COUNCILIRDA MEETING DATE: December 18, 2007 BUSINESS SESSION: ITEM TITLE: Approval of Second Reading of Ordinance CONSENT CALENDAR: No. 448 Amending Sections 13.04.070 and 13.28.040 of the La Quinta Charter and Municipal Code Relating to STUDY SESSION: Security for Subdivision Improvements. PUBLIC HEARING: RECOMMENDATION: Adopt Ordinance No. 448 amending Sections 13.04.070 and 13.28.040 of the La Quintai Charter and Municipal Code relating to security for Subdivision Improvements to reduce labor and materials bond requirements for on site improvements. FISCAL. IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Adoption of Ordinance No. 448 will streamline the development process, while reducing developer costs and still maintain the City's high standards for development. The motion to introduce Ordinance No. 448 carried by the following vote: . ,a . 172, AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt Ordinance No. 448 on second reading amending Sections 13.04.070 and 13.28.040 of the La Quinta Charter and Municipal Code relating to security for subdivision improvements to reduce labor and materials bond requirements for on site improvements; or 2. [Do not adopt Ordinance No. 448 on second reading to amend the La Quinta Charter and Municipal Code; or 3. provide staff with alternative direction. Respectfully submitted, Veronica J. ontecino, CIVICCity Clerk Approved for submission by: Thomas P. Genovese, City Manager o' 173 ORDINANCE NO. 448 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTIONS 13.04.070 AND 13.28.040 OF THE LA QUINTA MUNICIPAL CODE RELATING TO SECURITY FOR SUBDIVISION IMPROVEMENTS WHEREAS, the Subdivision Ordinance contained within the La Quinta Municipal Code (Chapter 13) does not differentiate between subdivision improvements which are to be privately owned and those that are to be publicly owned for purposes of providing security to insure their installation; AND WHEREAS, the Subdivision Map Act does not mandate the requirement of security for improvements which are to be privately owned; AND WHEREAS, the City nonetheless has and wishes to continue to ensure the performance of the on -site, private common area improvements, and therefore wishes to continue to require performance security which ensures that the installation of such private improvements for the benefit of the lot owners; AND WHEREAS, the City does not wish to require labor and material bonds for on -site, private improvements, such as private streets, inasmuch as the property upon which they are located is privately owned and is subject to liens; AND WHEREAS, the City desires to avoid the need for subdividers to incur the expense of providing this type of security for private improvements. THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 2.06.020(B) of the La Quinta Municipal Code is hereby amended to read as follows: "Improvement" means any street work and utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map. It also refers to any other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the local agency, or by a i " 174 Ordinance No. 448 Municipall Code § 13.04.070 & 13.28.040 Subdivision Security Adopted: December 18, 2007 Page 2 combination of them, is necessary to ensure consistency with, or implementation of, the general plan or any applicable specific plan. "Improvements" shall either be "Private Improvements", which retained by the subdivider, the lot owners, and/or an association of owners within the subdivision, or "Public Improvements", which are intended to be owned by, or dedicated to, the City or another public ,agency. SECTION 2. Section 13,28.040 of the La Quinta Municipal Code is hereby amended to read as follows: Security in guarantee of the performance of any act or agreement shall be in the following amounts: A. Performance Security. One hundred percent of the total estimated cost of the public and private improvements or the act to be performed, which shall include all survey monumentation, design, (construction and construction engineering; B. Labor and Material Security. One hundred percent of the total estimated cost of the public improvements or act to be performed, securing payment to the contractor, the subcontractors and to persons furnishing labor, materials or equipment to them for the improvement or the performance of the required improvement or act. Labor and materials security shall not be required for private improvements or monumentation; C. Warranty Security. Ten percent of the total estimated cost of public improvements necessary to guarantee or warranty the work against any defective work or labor completed, or defective material provided, for a period of one year following the completion and acceptance of the work. Warranty security shall be provided after improvements are complete and accepted/approved by the city council ,and prior to or concurrently with the final release of performance security. Warranty security shall not be required for private improvements or monumentation; D. Deferred Improvements. One hundred percent of the pro rata cost of deferred improvements which are a condition of subdivision map approval, but which are to be constructed by others. The type of deferred improvements include, but are not limited to traffic signals, bridge construction or major thoroughfare Improvements. Deferred improvements shall be secured by f 177 Ordinance No. 448 Municipal, Code § 13.04.070 & 13.28.040 Subdivision Security Adopted: December 18, 2007 Page 3 ,performance security alone. No labor and materials or warranty security is required. E. Improvement Plans. The city council may, by resolution, adopt procedures and security requirements for approval of final maps and parcel maps for which improvement plans are not complete. In the absence of such resolution, improvement plans shall be complete and approved by the city engineer prior to city council approval of final maps and parcel maps. (Ord. 320 § 3, 1998; Ord. 272 § 1 (part), 1995) SECTION 3. Subdividers who have existing labor and material security in place for private improvements may apply to the Director of Public Works for the release of such security. The Director of Public Works shall have discretion to authorize the release of such security, on a case -by -case basis, provided that: (1) the Subdivider is not in default of any of his/hers/its obligations under the Subdivider's Subdivision Improvement Agreement; (2) the performance security for private improvements is still in full force and effect, and the amount of the security is sufficient to cover the installation of the improvements; and (3) all other subdivision security is in good order, and the engineer's estimates for the completion of unfinished improvements remain valid. The Director of Public Works may condition the release of the labor and material security for private improvements as he deems necessary to insure orderly completion of improvements, and may require verification of payment for completed work and notification to contractors of the requested release of security. PASSED, APPROVED, and ADOPTED, at a regular meeting of the La Quinta City Council held this 13" day of December, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 0' 17G Ordinance No. 448 Municipal Code § 13.04.070 & 13.28.040 Subdivision Security Adapted: December 18, 2007 Page 4 ATTEST: VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California a, 177 Ordinance No. 448 Municipal Code § 13.04.070 & 13.28.040 Subdivision Security Adopted: December 18, 2007 Page 5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE 1 ss. CITY OF LA QUINTA 1 I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 448 which was introduced at a regular meeting on the 4th day of December, 2007, and was adopted at a regular meeting held on the 18th day of December, 2007, not being Tess than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution No. 2006-1 15. VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California DECLARATION OF POSTING I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on pursuant to Council Resolution. VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California •' 173 a iG cF`y OF'r1�r' COUNCILVRDA MEETING DATE: December 18, 2007 ITEM TITLE: Approval of Second Reading of Ordinance No. 449 Amending Title 9, Zoning, to Prohibit New Mini -Storage Facilities in the Commercial Park Zone and Allow Existing Facilities to Continue to .Operate as Legal and Conforming Uses RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 4 STUDY SESSION: PUBLIC HEARING: Adopt Ordinance No. 449 amendment Title 9, Zoning, to prohibit new mini -storage facilities in the Commercial Park Zone and allow existing facilities to continue as legal and conforming uses. FISCAL. IMPLICATIONS: None. Lei FAA l43dkWAIiyj W 4101i'11111[•]0&5 None. BACKGROUND AND OVERVIEW: At the October 16, 2007 meeting, the City Council considered an amendment to the Zoning Ordinance which would have modified the requirements for the construction of new mini -storage facilities from a permitted use to requiring a Conditional Use Permit. Following discussion, Council directed staff to return with an amendment which would prohibit new facilities, but not create legal non-conformance for the two existing facilities. The motion to introduce Ordinance No. 449 carried by the following vote: o r' 179 AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt Ordinance No. 449 on second reading amending Title 9, Zoning of the La Quinta Charter and Municipal Code prohibiting new mini -storage facilities In the Commercial Park Zone and allow existing facilities to continue to operate as legal and conforming uses; or 2. Do not adopt Ordinance No. 449 on second reading to amend the La Quinta Charter and Municipal Code; or 3. Provide staff with alternative direction. Respectfully submitted, Veronica J. ntecino, City Clerk Approved for submission by: l Thomas P. Genovese, City Manager ORDINANCE NO. 449 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 9 OF THE LA QUINTA CHARTER AND THE LA QUINTA MUNICIPAL CODE, TO PROHIBIT NEW MINI -STORAGE FACILITIES IN THE COMMERCIAL PARK ZONE, WHILE ALLOWING EXISITNG FACILITIES TO OPERATE AS LEGAL AND CONFORMING USES. 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 December, 2007, and considered the evidence, written and oral, presented at the hearing; and WHEREAS, the City Council at the meeting on the 4'h day of December, 2007, directed staff to return with an amendment that prohibits new mini -storage warehouses, but does not create non-conformance for the existing facilities located in the city; and WHEREAS, the City Council held a duly noticed public hearing on the 4" day of December, 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 9.80.040 is amended as follows: a ,, 181 Ordinance No. 449 Chapter 9 - Mini -Storage Warehouse Zoning Ordinance Adopted: December 18, 2007 Page 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 C= Conditional use m m To o m A permit 5 " ,�, c O 0 M= Minor use permit ° E E m E E Z E E E E T= Temporary use E E a E E 2E ~ E 0 E 2 E permit p� U U U U Z U U U U X = Pro ibited use band Use CR CP CC CN CT CO Mc Mini -storage X X' X X X X X war ehouses Mini -storage warehousing operating on December 17, 2008 (effective date of Ordinance), are considered legal, conforming land uses. Existing facilities may be reconstructed if damaged, and may be modified or expanded within the boundaries of the lot on which they occur as of December 17, 2008 with approval of a Site Development Permit. Any modification or expansion shall conform to the Development Standards for the Commercial Park zoning district contained in Chapter 9.90, Nonresidential Development Standards. SECTION 2. 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 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. Ordinance No. 449 Chapter 9 — Mini -Storage Warehouse Zoning Ordinance Adopted: December 18, 2007 Page 3 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 181n day of December, 2007, by the following vote: 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) n r 18-1 Ordinance No. 449 Chapter 9 - Mini -Storage Warehouse Zoning Ordinance Adopted: December 18, 2007 Page 4 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California Ordinance No. 449 Chapter 9, — Mini -Storage Warehouse Zoning Ordinance Adopted: December 18, 2007 Page 5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA 1 I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 449 which was introduced at a regular meeting on the 41h day of December, 2007, and was adopted at a regular meeting held on the 181h day of December, 2007, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted' in three places within the City of La Quinta as specified in City Council Resolution No. 2006-1 15. VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California DECLARATION OF POSTING I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on pursuant to Council Resolution. VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California ,f " 185 .I Qr �4 Fy OF TNEO COUNCIL/RDA MEETING DATE: December 18, 2007 ITEM TL�LE: Approval of the Plans, Specifications and Engineers Estimate (PS&E) and Authorization to Advertise for Bid the Avenue 54 Median Island Landscape Improvements, Project No. 2006-09 RECONMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the plans, specifications and engineer's estimate (PS&E) and authorize staff to advertise for bid the Avenue 54 Median Island Landscape Improvements, Project,Number 2006-09. FISCAL, IMPLICATIONS: The following is the approved funding and funding sources for the Avenue 54 Median, Island Landscape Improvements: RDA Project Area Number 1 Total Funding Available: $701,142 $701,142 Based on the Landscape Architect's estimate of probable construction costs, in the amount of $904,471, the following is the estimated project budget for the Avenue 54 Median Island Landscape Rehabilitation Improvements: Design: $50,688 Inspection/Testing/Survey: $39,283 Construction: $904,210 Project Management: $15,206 Contingency: $89,084 Total: $1,098,471 As illustrated, a shortfall in the amount of $397,329 exists between the approved project, funding and the anticipated project budget. Considering the current positive bidding market and that actual bids have not been received, staff does not recommend any adjustments to the budget at this time. Staff will present any necessary funding recommendations along with its award recommendation. CHARTER CITY IMPLICATIONS: The project is 100% funded with Redevelopment Agency Project Area Number 1 funds. As such, the project will be bid with prevailing wage requirements. BACKGROUND AND OVERVIEW: The project is located on Avenue 54 from Jefferson Street to Madison Street. The proposed landscape improvements will rehabilitate the existing landscaping to included installation of artificial turf, new drought tolerance landscape, drip irrigation, and median island lighting. The landscape palette is based on the City Council approved "desertscape" theme for primary image corridors. On May 2, 2006, the City Council adopted a Resolution approving the Fiscal Year 2006/2007 through Fiscal Year 2010/2011 Capital Improvement Program (CIP). The proposed improvements are included within the adopted CIP and scheduled for funding during Fiscal Year 2006/2007. On October 17, 2006, the City Council authorized staff to distribute a Request for Proposal (RFP) to obtain professional landscape architectural services to prepare the plans, specifications and estimate (PS&E) of probable construction costs for the Avenue 52 and Avenue 54 Median Island Landscape Improvements, Project Number 2006-03 and 2006-09; and appointed a Consultant Selection Committee. On February 6, 2007, the City Council approved a Professional Services Agreement (PSA) with Community Works Design Group (CWDG), in the amount of $62,511, to prepare the plans, specifications and estimate (PS&E) of probable construction costs for the Avenue 52 and Avenue 54 Median Island Landscape Improvements, Project Number 2006-03 and 2006-09. On June 19, 2007, the City Council provided staff with design direction regarding the use of artificial turf along with other low water use landscaping and ground cover to provide a median island landscaping theme that compliments other nearby landscaping themes. A : 187 The P$&E for Avenue 54 is now complete and available for review within the City's Public Works Department. Contingent upon City Council authorization to advertise the project for bid on December 18, 2007, the following represents the anticipated project schedule: City Council Approves PS&E Project is Advertised City Council Awards Contract Sign Contracts and Mobilize Construction Project, Close-out FINDINIiGS AND ALTERNATIVES: December 18, 2007 December 20 — January 23, 2008 February 5, 2008 February 6-28, 2008 March — May, 2008 June 2008 The alternatives available to the City Council include: 1. Approve the plans, specifications and engineer's estimate (PS&E) and authorize staff to advertise for bid the Avenue 54 Median Island Landscape Improvements, Project Number 2006-09; or 2. Do not approve the plans, specifications and engineer's estimate (PS&E) and do not authorize staff to advertise for bid the Avenue 54 Median Island Landscape Improvements, Project Number 2006-09; or 3. provide staff with alternative direction. Respectfully submitted, Jimothy R. nass P.E. Public Works Dire or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager A' 183 y of COUNCILiRDA MEETING DATE: December 18, 2007 ITEM TI�LE: Approval of the Plans, Specifications and Engineers Estimate (PS&E) and Authorization to Advertise for Bids the Lago La Quinta and Villas of La Quinta Sound Attenuation Walls Project No. 2006-02 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: I1202a[a11W.11111►[R Approve the plans, specifications and engineer's estimate (PS&E) and authorize staff to advertise for bid the Lago La Quinta and Villas of La Quinta Sound Attenuation Wall, Project No. 2006-02. FISCAL IMPLICATIONS: The following is the approved funding and funding sources for the combined sound attenuation wall project for Lago La Quinta and the Villas of La Quinta: Transportation DIF Total Funding Available: $1, 202, 704 $1,202,704 Based on the engineer's estimate of probable construction costs prepared by OMNIS, in the amount of $1,104,094, the following is the estimated project budget for the Sound Attenuation Walls at Lago La Quinta and Villas at La Quinta: Professional: Design: Inspection/Testing/Survey: Construction: Administration: Contingency: "total: $15,980 $80,000 $86,140 $1,104,094 $55,512 $71,023 $1,412,749 As illustrated, a shortfall in the amount of $210,045 exists between the approved project funding and the anticipated project budget. Considering the current positive bidding market and that actual bids have not been received, staff does not recommend any adjustments to the budget at this time. Staff will present any necessary funding recommendation along with its award recommendation. CHARTER CITY IMPLICATIONS: The project is 100% funded with Transportation DIF funds. As such, the project will be bid without the prevailing wage requirements. BACKGROUND AND OVERVIEW: The proposed improvements include the installation of sound attenuation walls on Avenue 50 adjacent to Lago La Quinta, and on Washington Street adjacent to the Villas at La Quinta. On May 2, 2006, the City Council adopted a Resolution approving the Fiscal Year 2006/2007 through Fiscal Year 2010/2011 Capital Improvement Program (CIP). The sound attenuation wall adjacent to Lago La Quinta was included in the adopted CIP and scheduled for funding during Fiscal Year 2006/2007. On, September 19, 2006, the City Council decided to accelerate funding of the unfunded Villas at La Quinta sound wall project and appropriated $492,472 from unassigned Transportation Developer Impact Fee (DIF) Funds; authorized staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) of probable construction costs for the Lago La Quinta and Villas at La Quinta Sound Attenuation Walls, Project No. 2006-02; and appointed a Consultant Selection Committee. On January 2, 2007, the City Council approved a Professional Services Agreement (PSA) with OMNIS Incorporated in the amount of $77,440.00 to prepare the plans, specifications and engineer's estimate (PS&E) of probable construction costs for the Lago La Quinta and Villas at La Quinta Sound Attenuation Walls, Project No. 2006-02. On May 1, 2007, the City Council adopted a Resolution approving the Fiscal Year 2007/2008 through Fiscal Year 201 1 /2012 Capital Improvement Program (CIP). The sound attenuation walls adjacent to Lago La Quinta and Villas at La Quinta are included in the adopted CIP budget as a single project and reflect previously appropriated funding. The PS&E for the Sound Attenuation Walls are now complete and available for review within the City's Public Works Department. Contingent upon City Council authorization to advertise the project for bids on December 18, 2007, the following represents the anticipated project schedule: City Council Approves PS&E Project is Advertised City Council Awards Contract Sign Contracts and Mobilize Construction Project Close-out FINDINGS AND ALTERNATIVES: December 18, 2007 December 20 — January 22, 2008 February 5, 2008 February 6-28, 2008 March — May, 2008 June 2008 The alternatives available to the City Council include: 1. Approve the plans, specifications and engineer's estimate (PS&E) and authorize staff to advertise for bid the Lago La Quinta and Villas of La Quinta Sound Attenuation Walls Project No. 2006-02; or 2. Do not approve the plans, specifications and engineer's estimate (PS&E) and do not authorize staff to advertise for bids the Lago La Quinta and Villas of La Quinta Sound Attenuation Walls Project No. 2006-02; or 3. Provide staff with alternative direction. Respectfully submitted, 4ub mothV R. Joson, P.Elic `Works rector/City Engineer Approved for submission by: Thomas P. Genovese, City Manager T'af 4 4 a" AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: December 18, 2007 BUSINESS SESSION: ITEM 'TITLE: Adoption of a Resolution Granting CONSENT CALENDAR: Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 30023-6, STUDY SESSION: Trilogy, Shea La Quinta, LLC PUBLIC HEARING: REC0101VIENDATION: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement (SIA) for Tract Map No. 30023-6, Trilogy, Shea La Quinta, LLC. FISCA4 IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: 1•rou" BACKGROUND AND OVERVIEW: Tract Map No. 30023-6 is located north of Avenue 62 and east of Madison Street (Attachment 1). This residential development will consist of 200 lots on approximately 46.91 acres (Attachment 2). On September 26, 2000, the County of Riverside Planning Department approved Specific Plan 218 Amendment 1. Since the developer constructed more than $178,000 in offsite improvements prior to the Tentative Tract Map expiration, an extension to the Tentative Tract Map was provided to the developer based on Section 66452.6.a.1 of the 2006 Subdivision Map Act. �1• 1 192 The developer has requested the City Council's conditional approval of the Final Map which will allow thirty (30) days for completion of its processing. To date, the Subdivision Improvement Agreement (Attachment 3) has been executed by the developer but the associated securities have not yet been received. As of December 12, 2007, the offsite settlement agreement is being processed by the City Attorney. The Final Map is technically correct and is being routed for signatures. It is expected that the associated securities and all signatures will be in place within the time allowed for its Conditional approval. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt within thirty (30) days (January 17, 2008), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk), 'associated securities, and a fully executed settlement agreement for the offsite improvements. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 30023-6, ',trilogy, Shea La Quinta, LLC; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 30023-6, Trilogy, Shea La Quinta, LLC; or 3. provide staff with alternative direction. Respectfully submitted, n T' othy R. J nas P.E. Public 'Works Di r or/ City Engineer a; 193 Approved for submission by: "O�l��`-�L Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement .e 194 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT MAP NO. 30023-6, TRILOGY, SHEA LA QUINTA, LLC, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council; and WHEREAS, Shea and the City Council have entered into a settlement agreement in order to satisfy off -site improvements required for Avenue 62. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quintal, California, as follows: 19 s Resolution INo. 2007- Tract Map INo. 30023-6, Trilogy Adopted: December 18, 2007 Page 2 Section 1. The final map for Tract Map 30023-6 is conditionally approved provided the subdivider submits all required items on or before January 17, 2008. Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative tract map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Provided appropriate securities in accordance with the approved Subdivision Improvement Agreement. B. Fully execute a settlement agreement for the remaining offsite improvements with the City of La Quinta. Finalize the final Tract Map and obtain all necessary signatures. 1). Pay Required Quimby Fees Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on January 17, 2008. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be consid@red disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval ,a. , 196 Resolution !No. 2007- Tract Map !No. 30023-6, Trilogy Adopted: pecember 18, 2007 Page 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 18th day of December, 2007, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, CITY CLERK City of La Quinta, California (City Steal) APPROVED AS TO FORM: Rick Zeilenga, Attorney for City of La Quinta, California •' 197 ATTACHMENT 1 li • ;i li • 04 Lli .. . j SIR, 133diS NOSIadW W F- o' 193 ATTACHMENT 2 gE � 3I b E Eli iS k g LE IDS §';. 6 Y pill �3 a€s@ a�a'a eu8s 3 k 4W E a„ a 'saa ask b`a � &° e gg g ji 66 QRyX y po ad g @ a t Rills to <wy VO 2N fib tl� ,ydgml•{(I�� zC N o. 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A A r % •r, r r_ 1 3 .r, ! 204 e |§| �.. 206 W to o 1. <i a r7 m 0 oN o� FO F� N rm C7 �i O O n (No 4 O 0 = g b i n uCL _" o; may, F z! oo � <W U „ U 24 W�mO V by QL S4 2 QQ5 U<�B L Val s i 0 133 S 09 Y 133He 339 N y - S�_j I = iI N I '�yaf�ynny•I• I I ya y --_'i � i I �Yfi Q •wx 4n•a1OiwW II ��a I 1l3WO�ANV0 aro4la ' I I� I Y I I I I ieS y rzI �i O i I \L JOl rtl '1`uau"wYa a_64 S I ' lot \\ )MON3�1LOVO tl�l m5 �—ice a � o Eta • it8 Qa.." .a.( 207 m !� | § \ p �( � * K� �■ §CL. �( K \�\|§ 2�§■\ (�!\§ |/� � &-99000 *ON dWM VI � °, 208 RRM O OO CN - $ tS pO 2 o M N W w a _ -M iy O� i • -pg�Ggl� s W o �o g 4_ rwtp� U� Q S CI z 3 F io� � � INw p� jY F t: O N : VQ 2r � �,n b p � i No 13 IK I d/ waa 0 j�NN � � o -„�'i'- \i 0 nS ,el .: ♦ moo 8 \ ,� \\\ ' oS N / 00 aPq R \\ e - / 209 �l��l�l�ll�l�l��lll�lll�ill��ll��l�ll�l��l�llll��lll ,� da��.-�=a�� _� r �.��d�v-�a:r� Dli�lill�lll�lli lll�lllliilll�illilllll�lli�lllini i as � MAMIiil fiffil l I N�yiiii�'`�� GYYC�YYYYYYYYY C�YE�IIL�YYEYYYEYCJ�YYYEEYECYYCEYY�YrLL ' 1 L : 3 * 2a0 n < z (p n G cN �N " �O=� NO o� W2G 0�N 2 ~l4 K O� 40 OZ N UCL O; Fq 2� O4 � N O > y 24 UQcc W 0 I B LgMe me Ni 0 D �: 211 ATTACHMENT 3 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO.30023-6 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of 20 , by and between Shea La Quinta, LLC a California Limited Liability Company hereinafter referred to as "Subdivider," and the City of La Quints, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 30023-6 (the 'Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, speJcifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others CParticipatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. 9w7 212 B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that t would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty Af; 213 security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdividees Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty A7 214 security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Offsite Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specked time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, at sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. FFir al Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. �m7 215 Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shad recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the'City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Relj ase of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. SeVerability. In the event that any provision or provisions of this Agreement are held unenforceable, all iprovisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. Af7 216 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written Above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 7601777-7075 Thomas P. Genovese, City Manager Date ATTEST: City CI@rk Local ;Address Shea Lo Quinta, LLC. 81260 Avenue 62 La Quinta, CA 92253 (760)777-6006 Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date Date ,a. 217 ems Exhibit A SECURITY — TRACT MAP NO.30023.6 ONSITEIMPROVEMENTS Improvements designated as 'Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the Tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required Tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Rough Grading/PM10/SWPPP Street, Storm Drain Sewer Water Dry Utilities Garden and Retaining Walls Monumentation Totals Standard 10% Contingency Total Construction Cost Professional Fees, Design 10% Professional Fees, Const 10% Bond Amount $ 156,000 $ 156,000 $ 1,356,303 $ 1,356,303 $ 80,215 $ 80,215 $ 550,055 $ 550,055 $ 849,648 $ 849,648 $ 532,529 $ 532,529 $ 116,750 $ 116,750 $ 25,000 $ - $ 3,666,500 $ 3,641,500 $ 366,650 $ 364,150 $ 4,033,150 $ 4,005,650 $ 403,315 $ 400,565 $ 403,315 $ 400.565 $ 4,839,780 $ 4,806,780 0 213 707 COUNCHL/RDA MEETING DATE: December 18, 2007 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map for Parcel Map No. 33367, La Quinta Redevelopment Agency, SilverRock Resort RECO!OMENDATION: AGENDA CATEGORY: BUSINESS SESSION: �1 CONSENT CALENDAR: d' STUDY SESSION: PUBLIC HEARING: Adopt'a Resolution of the City Council granting conditional approval of a Final Map for Parcel Map No. 33367, La Quinta Redevelopment Agency, SilverRock Resort. FISCAL IMPLICATIONS: None. CHARIER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 33367 is generally located south of Avenue 52, east of Coral Reef Mountains, west of Jefferson Street, and north of Avenue 54 (Attachment 1). This Parcel Map consists of Parcels 1 through 22 and Parcels 'A' through 'N'; on approximately 534.98 acres (Attachment 2). On June 22, 2007, at a Directors Hearing, the Community Development Director approved Tentative Parcel Map 33367. �_, 219 The applicant has requested the City Council's conditional approval of the Final Map which will allow thirty (30) days for completion of its processing. The Final Map is technically complete and is being routed for signatures. It is expected that all signatures will be in place within the time allowed for its conditional approval. As a ,result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map. The approval is contingent upon receipt within thirty (30) days (January 17, 2008), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk)• Once the map is received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If the required item is not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FIND114GS AND ALTERNATIVES: The alternatives available to the City Council include: 1 Adopt a Resolution of the City Council granting conditional approval of a Final Map for Parcel Map No. 33367, La Quinta Redevelopment Agency, !SilverRock Resort; or 2 IDo not adopt a Resolution of the City Council granting conditional approval of a Final Map for Parcel Map No. 33367, La Quinta Redevelopment Agency, SilverRock Resort; or 3. 'Provide staff with alternative direction. Respectfully submitted, Ti otl�ytRJna sn, P.E. Public'WDir for/City Engineer a' 220 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Final Map 221 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF PARCEL MAP NO. 33367, LA QUINTA REDEVELOPMENT AGENCY, SILVERROCK RESORT, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is theirefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 222 Resolution No, 2007- La Quinta Redevelopment Agency, PM 33367 Adopted: December 18, 2007 Pago 2 of 3 Section 1. The final map for Parcel Map 33367 is conditionally approved provided the subdivider submits all required items on or before January 17, 2008. Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative parcel map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has finalized the final Parcel Map and obtained all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on January 17, 2008. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quanta City Council held on this 181h day of December, 2007, by the following vote to wit: AYES: NOIES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ,a 223 Resolution No. 2007- La Ouinta Redevelopment Agency, PM 33367 Adopted: December 18, 2007 Page 3 of 3 ATTEST: VERONICA J. MONTECINO, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: Rick Zeilenga, Attorney for City of La Quinta, California • 9 9 & Vicinity Map for Parcel Map No. 33367 ATTACHMENT 1 N.T.S. AVENUE 48 i RANCHO LA J m QUINT"i z QUINTA COUNTRY " o M z OUNTRY z CLUB om a CLUB AVENUE 50 `� m LA QUINTA v v RESORT N z AND CLUB z CALLE A N AVENUE 52 TRADITION GOLF CLUB GOLF CLUB 53R AVE SITE VICINITY MAP 6 225 ATTACHMENT 2 d Y n PIN p � gP 3 d' � y� a: nY• ��. �kY k�te� a{Zi� � °� 1 -� ®g®g�pp[ &g 8p pyn It 6 UNG M: r 4 ¢ r � a° aD It AR 38 fyy'IryaM�.¢1�i1 tit " '� raIvia a.ana +.a ruw :wv uuf o o �VJB gp.8 ii . "ISM L-1 a "Up ns ggg S: k yi C pa 5•Pp�V Ni Ala•. say / Z'n it, aie }§ £ KIN fa-k/ $, 1Mv IA -m; ' (w/o a .aaa 4• ,ataYJ +: Pyr ! '0. �R tax zx.uw _' _ fa •/ram i(Am xaa�W a ,e S§ ______ ______________ _________,_____may ,� arta n�MtYe Lr,Cp� • 4 a �'• i „d3 a a. n q_a b!ff r r �b�ift � ' • g2Y�: �n Daaa �uk 2R�x �e3, 9p, bb N99i @&p �kf qY 226 COUNCIL,/RDA MEETING DATE: December 18, 2007 ITEM T$TLE: Acceptance of Park Avenue Landscape Improvements Project No. 2006-15 and Approval of Contract Change Order No. 2 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: AW STUDY SESSION: PUBLIC HEARING: Accept Park Avenue Landscape Improvements Project No. 2006-15, as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; authorize staff to release retention in the amount of $1 1,504, thirty- five (35) days after the Notice of Completion is recorded; and approve Contract Change Order No. 2 (Attachment 1). FISCA� IMPLICATIONS: The following is a budget summary: Budget Total Amount spent through November 30, 2007 Amount Available Origiinal Contract Contract Change Order No. 1 CCQ #2 Quantity Adjustments for Actual Quantities Installed Total Construction Costs Amount paid to date Remaining Fiscal Commitment 12 Month Maintenance Period ( No Retention -Billed Monthly) Retention To Be Billed 35 Days After Recordation Amount Remaining to Be Billed $ 198,004 $ 13,221 $184. 783 $ 135,222 $ (1,740) $ (445) $ 133,037 $ 102,713 $ 3U,3Z4 $ 18,000 $ 11,504 $ 820 Adequate funding is available to pay the contractor's remaining billing ($820) and retention ($11,504) for project closeout. A 1 2277 CHARTER CITY IMPLICATIONS: None. This project is funded with Redevelopment Agency funds. Therefore, the project was advertised with a prevailing wage requirement included in the contract specifi'ications. BACKGROUND AND OVERVIEW: The purpose of the project was to install landscape and irrigation within the parkway along the east side of Park Avenue between Avenue 50 and the east parking lot of La Quinta Middle School, and within the two existing parking islands adjacent to the La Quintd Boys and Girls Club. In general, the project included installing landscaping, irrigation, and drainage improvements. On July 3, 2007, the City Council appropriated unassigned RDA Project Area Number 2 funding in the amount of $198,004; approved the Plans, Specifications and Engine'er's estimate (PS&E) and authorized staff to advertise for bid the Park Avenue Landscape Improvements, Project No. 2006-15. On August 7, 2007, City Council awarded a contract for $135,221 to Diversified Landscape Management, Inc. to construct the Park Avenue Landscape Improvements Project No. 2006-15. On October 10, 2007, a Notice to Proceed was issued with a forty-five (45) working day contract completion time starting October 15, 2007, and ending on December 19, 2007. The project was deemed substantially complete on November 30, 2007. The pdoject's construction effort is now deemed to be 100% complete and is in compliance with the plans and specifications. Quantity adjustments must be made between the proposed bid quantities, and the actual quantities utilized. Because quantities are estimated prior to the start of work actual quantities may vary. Prior to filing the Notice of Completion, staff must receive authorization from the City Council to approve this project as 100% complete and authorize the City Clerk to file a Notices of Completion. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: a 228 1. Accept the Park Avenue Landscape Improvements, Project No. 2006-15 as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; authorize staff to release retention in the amount of $1 1,504, thirty-five (35) days after the Notice of Completion is recorded; and approve Contract Change Order No. 2; or 2. !Do not accept Park Avenue Landscape Improvements, Project No. 2006-15, as 100% complete; do not authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; do not authorize staff to release (retention in the amount of $11,504, thirty-five (35) days after the Notice of (Completion is recorded; and do not approve Contract Change Order No. 2; or 3. Provide staff with alternative direction. Respectfully submitted, imothy R. ona n, P.E. Public'Works Dir ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Quantity Adjustment Contract Change Order No. 2 229 4/AM CONTRACT: Park Avenue Landscape Improvements CONTRACTOR: Diversified Landscape Management, Inc. 12112 Severn Way Riverside, Ca. 92503 CONTRACT CHANGE ORDER NO.2 ATTACHMENT Sheet Iof2 PROJECT NO.2006-15 Pursuant to the terns ofthe original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general eonditionsy and special provisions of the original Contract. DESCRIPTION !�F CHANGE This Contract Change Order allows for a Credit for a Quantity Adjustment between the Bid Quantities and the Actual Quantities Installeli, Amount$ 445. 2 Previous Contract Amount Through Change Order No. 1 $ 133,480.97 Add This Change Order No. 2 $ 445.32 Revised Contract Total S 133 035.65 By reason of this contract change order the time of completion is adjusted as follows: -0- days added/deleted to contract time. The revised contract completion date shall be: 12/19/07 Submitted By; Date: Approved By: Date: We, the undersignedlCanlraclor, have given careful witslderallon to the changepreposed and hereby agree, if this proposal is approved, that we will provide all equipmelt furnish all materials, perform all labor, except as maybe noted above, and perform all services necessaryto complete the above spect0ed work, and ,ye by accept as full payment the mount shown above, which includes all direct and meinvol overhead expenses for any delays. Accepted By: "j�2 Title: 9(ON A- V'A�, T' X, Date: 0 QC.-101 '2.09 230 cmocuhm4s AND 9ErrwGs\owwkwocAL sETr[NOs\TU1(P0RARY INTeaM Pn.EMMMUANT AMST cco 02 (a) 00C CITY OF LA gUINTA Park Avenue Landscape Improvements Project No. 2006-15 Final quantity Adjustment Comparison Base Bid Area No' 1 Item No Description Unit Bid Did Unit Price .._................ Ouant t ............,. New Total .,.., Unit Price ., a,.,.,, Extended Price Cost Difference 1 Mobilization LS 1 $3,00000 1 $3,00000 $3,00000 $3,00000 $000 2 Traffic Control LS 1 $1,75000 1 $1,75000 $1,75000 $1,75000 $000 3 Provide Dust Control (PM10) LS 1 $5,000.00 1 $5,000 00 $5,000 00 $5,000 00 $000 4 Clearing and Grubbing LS 1 $2,00000 1 $2.00000 $2,00000 $2,00000 $000 5 Furmsh B Install Decorative "Create"Boulders 1 5 tons EA 9 $19600 9 $1,76400 $19600 $1,764.00 $0. 00 6 Install ecorative"Create" Boulde s, 3/4 ton EA 10 $15500 10 $1,550.00 $155.00 $1,55000 $000 7 Install Decorative"Cresta" Bauldefs, 112 ton EA 7 $17900 7 $1,253.00 $17900 $1,25300 $000 6 Instal Bouldl[s 1/ato,"Create' Boultlefs, 1/4 tan EA 8 $179.00 8 $1,43200 $179.00 $1,43200 $000 9 Furnish,& Install "Desert Gold" fines 2"thick SF 15,605 $045 15,618 $7,10091 $045 $7,09500 $591 10 Fri mshi,B Install "Hybrid Bermuda" sod SF 4,620 $0 87 4,998 $4,327.27 $0 87 $4,000.00 $327 27 11 FurnishlB Install Irrigation System complete and in plat LS 1 $59,02900 1 $59,02900 $59,029.00 $59,02900 $000 12 Furmsoand install 20'brown trunk Washingtonia Hybrid aldomian Fan Palm, Skinned EA 4 $2,12500 4 $8,50000 $2,12500 $8,50000 $000 13 Furnish antl instal118'brown trunk Washingtonia Hybrid alitornian Fan Palm, Skinnetl EA 5 $1,850.00 5 $9,25000 $1,850.00 $9,25000 $000 14 Furnish &,stall 24" Box African Sumac EA 6 $25950 3 $77850 $25950 $1,55700 -$77850 15 Furmsh A Install 24" Box Mesquite EA 17 $26500 17 $4,505.00 $265.00 $4,50500 $000 16 Furnish,& Install 5 Gallon Desert Cassia EA 43 $15 30 43 $657 90 $15 30 $657 90 $coo 17 Furnish ,& Install 5 Gallon Bala Red Fairy Duster EA 14 $20 39 14 $285 46 $20.39 $285 46 $000 18 Furnish and Install 5 Gallon Texas Ranger EA 18 $2111 18 $37998 $21.11 $37998 $000 19 Furnish I& Install 5 Gallon Purple Ruella EA 22 $1681 22 $36982 $1681 $36982 $000 20 Furnish IS Install 5 Gallon Sierra Linda Sage EA 57 $13 59 57 $774 63 $13 59 $774 63 $000 21 Furnish d Install 5 Gallon Mexican Sage Brush EA 66 $1512 66 $99792 $1512 $99792 $000 22 Furnish e, Install 1 Gallon New Gold Lantana EA 123 $6.40 123 $78720 $640 $78720 $000 23 Furnish d Install 1 Gallon Purple Trailing Lantanal EA 53 $6 29 53 $333 37 $6 29 $333 37 $000 24 Furnish 0 Install 1 Gallon Katie Ruella EA 34 $6 00 34 $204 00 $6 00 $204 00 $000 25 Furnish 6 Install 5 Gallon Century Plant EA 11 $19 72 11 $216 92 $19 72 $216 92 $000 26 Furnish f. Install 5 Gallon Oh La La BougamNillea EA 5 $30 45 5 $152 25 $30 45 $152 25 Vol) 27 Furnish B Install 1 Gallon Desert Spoon EA 5 $18 25 5 $91 25 $18 25 $91 25 $0.00 28 Furnish Installl Gallon Red Yucca EA 16 $1544 16 $24704 $1544 $24704 $000 29 Furnish Install 1 Gallon Bougainville EA 14 $9 89 14 $138 46 $9 89 $138 46 $000 30 Provide 112-month Maintenance Period LS 1 $18.000 00 1 $18,000 00 $18,000 00 $18,000 00 $000 CCO#1 Tree Subintution and Irrigation Pipe Upgrude LS 1 -$174068 1 -$1,740.68 -$1,74068 -$1,74068 $000 Total $133,135.20 $133,580.52 .$445.32 A 231 COUNCIL/RDA MEETING DATE: December 18, 2007 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 33717, Quadrant, American Land Liquidators, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: � STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement (SIA) for Tract Map No. 33717, Quadrant, American Land Liquidators, Inc. FISCAL} IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 33717 is located south of Avenue 58 and west of Monroe Street (Attachment 1). This residential development will consist of 17 lots; on approximately 4.87 acres (Attachment 2). On December 20, 2005, the City Council approved Tentative Tract Map 33717. The developer has requested the City Council's conditional approval of the Final Map which swill allow thirty (30) days for completion of its processing. To date, the SIA (Attachment 3) has been executed by the developer but the associated securities have not yet been received. The Final Map is technically complete and is being routed for 232 signatures. It is expected that the associated securities and all signatures will be in place within the time allowed for its conditional approval. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt within thirty (30) days (January 17, 2008), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk) and associated securities. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 33717, Quadrant, American Land Liquidators, Inc.; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 33717, Quadrant, American Land Liquidators, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, T othy R. as n P.E. Public Works Dir r/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager 9' 233 Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 234 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT MAP NO. 33717, QUADRANT, AMERICAN LAND LIQUIDATORS, INC, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and (WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period,of time as specified by the City Council. `1 23� Resolution No. 2007- Tract Ma'p No. 33717, Quadrant Adopteda December 18, 2007 Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Tract Map 33717 is conditionally approved provided the subdivider submits all required items on or before January 17, 2008. ection 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative tract map, the Subdivision Map Act, and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. iA. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement. S. Finalize the final Tract Map and obtain all necessary signatures. Pay Required Quimby Fees Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on January 17, 2008. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval 236 Resolution No. 2007- Tract Map No. 33717, Quadrant Adopted: December 18, 2007 Page 3 of $ PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 18`h day of December, 2007, by the following vote to wit: AYES: (WOES: 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 237 ATTACHMENT 1 INDIO PROJECT - SITE VICINITY MAP as 0 238 Lj rc .--I rc co o CrJ a >� zz 00 U li Qa � U N 1� F TE—T1�1 * ye ATTACH NT rii° °� i d 4 1 gf ° '$oil ills' a 239 h ,vcwROE smELrr o ce)i��cl� LL o co � � � IE�RS�� i< m ZZ� 00 Oa UD z e F- dQ F V N Z co a Wg9! 4 W F z E-1 ppp! h lit I' /pIII.A N YIODtA F s� e° me z� • 240 241 ATTACHMENT 3 Crry OF LA QuiNTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO.33717 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of 20 by and between AMERICAN LAND LIQUIDATORS, INC (A CALIFORNIA CORPORATION) hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Ouinta, County of Riverside, which unit of land is known as Tract No. 33717 (the "Tract") pursuant to the provisions of Section 66410, at sec. of the California Government Code (the "Subdivision Map Act" ). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The, Improvements have not been installed and accepted at this time. D. It isi therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement improvement plans meeting the requirements of the City Engineer. 2. nrovemts. Subdivider shall construct the public and private street, drainage, utility, landscaping, en other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Imorovement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. 242 1 of B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. �) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurers office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdividers expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D, At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty °2of7 243 security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, waranty 244 3af7 security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unspocessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Cohnpletion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by 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 agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Fo ce Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by'such events will be extended by the period of such events. 8. Tillie Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terns and conditions of this Agreement. As, a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. SS rvev Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. a' 20 4 of Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Sedtion 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. CitW Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform thei obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attomey's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. In emnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein. by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. S verabili . In the event that any provision or provisions of this Agreement are held unenforceable, al provisions not so held shall remain in full force and effect. 18. General Provisions. A, All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. A 5, 246 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement D. This Agreement shall be governed by and interpreted with respect to the laws of the State of Celifomia. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attomeys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico Lie Quints, CA 92253 760f777-7075 Thomas . Genovese, City Manager Date ATTEST,,, City Cle DEVELOPER: American Land Liquidators, Inc. 7586 Woodrow Wilson Dr Los An les CA 90046 Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: Date City Atomey Date Date )_ Date 247 e•rr Exhibit A SECURITY — TRACT MAP NO.33717 ON -SITE IMPROVEMENTS Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumantation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the Tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor $ materials security shall remain in place until 90 days after all required Tract improvements are complete and accepted by the City Council. Improvement Description Rough Grading/PM10/SWPPP Street Storm Drain Domestic Water Sewer Dry Utilities Basin, Landscaping Perimeter Landscaping and Wall Monu,mentation Total$ Standard 10% Contingency Total Construction Cost Professional Fees, Design 10% Professional Fees, Const 10% Bond Amount Performance Labor & Materials $ 212,604 $ 212,604 $ 84,019.00 $ 84,019 $ 27,255.00 $ 27,255 $ 39,200.00 $ 39,200 $ 40,865.00 $ 40,865 $ 49,247.50 $ 49,248 $ 45,000.00 $ 45,000 $ 230,340.00 $ 230,340 $ 7,000.00 $ 735,530 $ 728,530 $ 73,553 $ 72,853 $ 809,083 $ 801,383 $ 80,908 $ 80,138 $ 80,908 $ 80,138 $ 970,900 $ 961,659 a. 248 7 of _��.... ..a ..unnnne Ad-MUnWLVMMENT State of California Bounty of j 2L 6� ss. On /2 —( 2-- D / before me, Date personally appeared Caexs )*!ATz If Doe, Notary ❑ personally known to me hil'proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/herltheir signature(s) on the instrument the person($), or the entity upon behalf of which the person(s) acted, executed the instrument. W m ha and o ' ial seal. / gnaNre of Noary Pudk OPTIONAL Though the mhormalion below audulenfremoval and reattachment or this romp y l(t may prove le to antiOns nothelyfng docu , the document and could Prevent of Attached Document - Title or Ty>Date: t: DocumenNumber of Pages: Signer(s) med Ab Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Off icer—Title(s):_ ❑ Partner — ❑ Limited ❑ General ❑ Attomey-in-Fad ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is O 1999 Ngtiore Notary Assoua n•III De Solo AV .Y.V.-- --..... ., ten 5997 Reorder call Tollfree 1-80087& 1 s 20 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO.33717 OFFSITEIMPROVEMENTS THIS SU$DIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of 20 by and between AMERICAN LAND LIQUIDATORS, INC (A CALIFORNIA CORPORATION) hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 33717 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"), B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Imprbvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Imorovements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Imptovement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance Security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit (Fees. A second class of security to be provided by Subdivider, hereinafter referred to as "'payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, ,hereinafter referred to as 'Warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. a 250 1dr B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2)1 Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 0) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. $) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. y) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by 'the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty a ZJI za, security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory IrImprovements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City City may present a written demand to Subdividers Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the Surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warrvt) 252 3 of security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) Nays and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by 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 agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time) Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Gn 5 3 � 4d7 Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revistgns to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Imorgvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attomey's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. IndeMnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provlision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. SWrability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. 1 254 5ot7 Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In, the event of any dispute between the parties with respect to this Agreement, the prevailing Party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quints 7$-495 Calls Tampico Lo Quints, CA 92253 700/777-7075 Thomas P. Genovese, City Manager ATTEST: City Clerk DEVELOPER: American Land Liquidators, Inc. 7586 Woodrow Wilson Dr Los An es( CA 90046 11 / By j 1 ti ✓� �— --� Title: V SzvuK By: —� Title: Reviewed and Approved: City Eng neer Approved as to Form: Date Date Date Date City Attorney Date a 255 ed7 Exhibit A SECURITY — TRACT MAP NO.33717 OFFSITEIMPROVEMENTS Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the Tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests i for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required Tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Street Improvements $ 63,948.30 $ 63,948 Landscaping $ 1,440.00 $ 1,440 Signing and Striping $ 9,420.00 $ 9,420 Storm Drain $ 21,150 $ 21,150 10' Meandering Equestrian Trail $ 8,100.00 $ 8,100 Totals $ 104,058 $ 104,058 Standard 10% Contingency $ 10,406 $ 10,406 Total Construction Cost $ 114,464 $ 114,464 Professional Fees & Plans, Design 10% $ 11,446 $ 11,446 11,446 Professional Fees, Const 10% $ 11,446 $ Bond Amount 137,357 137,357 255 7d7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Californi ss. County of �% f L 61 On �2 —(2— � / before me, )_VZ4 Date Name aM TBb of Oflmr (e 9-'Jane Doe, Notary PUUIk� A personally appeared ❑ personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. W m ha and o ' ial seal. ignature of NMary Pu - OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. of Attached Document - Title or Ty f Document: Document Date: Signer(s) Other Than Named Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s):_ ❑ Partner — ❑Limited El General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is 01999National NMery Assouatm•90fWWSoloAre,FO eox2aoe•cna,savm,-........_.._._.. -., Number of Pages: e-....,e-ca4 aLc,m tAM.R]1L602. 2V7 �a Q•c � o� S cFht � �9ti COUNCIL/RDA MEETING DATE: December 18, 2007 ITEM TATLE: Approval of a Supplemental Agreement With Riverside County for the Use of Community Development Block Grant (CDBG) Funds for Construction of Improvements on Avenida Montezuma Round -A -Bout Reconstruction, and Public Service Funds for the Boys and Girls Club - La Quinta Unit REC011,MENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Supplemental Agreement and authorize the Mayor to sign the Agreement (Attachment 1) to utilize the sum of $191,376 in CDBG Entitlement Funds for construction of improvements for the Avenida Montezuma Round -A -Bout ($164,583), and public service funds for the Boys and Girls Club - La Quinta Unit ($26,793). FISCAL IMPLICATIONS: The City will receive reimbursement of $191,376 in CDBG Entitlement Funds for the improvements on Avenida Montezuma ($164,583), and public service funds for the Boys and Girls Club - La Quinta Unit ($26,793). CHARIER CITY IMPLICATIONS: None. BACKgROUND AND OVERVIEW: The purpose of this Supplemental Agreement, between the City and Riverside County, is to a thorize the use of CDBG funds for Fiscal Year 2007-2008 in the amount of $191,J76 in accordance with the Housing and Community Development Act of 1974. This allocation reflects a proportional share of the Riverside County's entitlement allocation from the California Department of Housing and Urban Development (HUD). The City submitted CDBG applications to the County for the projects in April 2007; the applications were subsequently approved by the Board of Supervisors. 258 This Supplemental Agreement is for projects which have been approved by the City Council on April 3, 2007 under Resolution 2007-028 and are available with the beginning of the new Federal Fiscal Year which begins October 1, 2008. Monies become available for reimbursement to the City upon approval of this Agreement by the City and the Riverside County Board of Supervisors. For the, past 25 years, the City of La Quinta has been participating in the Urban Counties CDBG program with Riverside County. Entitlement Funds for CDBG Program Years 9-33 have been expended for projects such as: Senior Center construction, La Fonda Street construction and public service funds for the Boys and Girls Club - La Quinta Unit. The City has previously entered into Supplemental Agreements with the County for the use of CDBG funds. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Supplemental Agreement and authorize the Mayor to sign the Agreement to utilize the sum of $191,376 in CDBG Entitlement Funds for construction of improvements on Avenida Montezuma Round -A -Bout (1$164,583) public service funds for the Boys and Girls Club - La Quinta Unit (1$26,793); or 2. ¢o not Approve the Supplemental Agreement; or 3. Provide staff with alternative direction. itted, JohnWn, Planning Director Approved for Submission by: Thomas P. Genovese, City Manager Attachment: 1. Supplemental Agreement �: 259 Attachment 1 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 File: 4.LQ.01-07 & 4.LQ.02-07 SUPPLEMENTAL AGREEMENT FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS The COUNTY OF RIVERSIDE of the State of California, herein called, "COUNTY," and the CITY OF LA QUINTA, herein called "CITY," mutually agree as follows: l: GENERAL. COUNTY and CITY have executed a Cooperation Agreement dated July 12, 12005, whereby CITY elected to participate with COUNTY, which has qualified as an "Urban County" for purposes of receiving Community Development Block Grant (CDBG) funds, arid to assist and undertake essential community development and housing assistance activities pursuant to the Housing and Community Development Act of 1974, as amended, hereinafter referred to as "Act". Said Cooperation Agreement dated July 12, 2005, is incorporated herein by reference and made a part of this Agreement as if each and every provision was set forth herein. 2., PURPOSE. CITY promises and agrees to undertake and assist with the community development activities, within its jurisdiction, by utilizing the sum of $191,376, CDBG F�ntitlement Funds, as specifically identified in Exhibits "A and B" are attached hereto and by this reference are incorporated herein, for the projects: 4.LO.01-07 Round -A -Bout Intersection Reconstruction II, $164,583. 4.LO.02 07 Boys and Girls Club Scholarship Program, $26,793. 3. TERM OF AGREEMENT. The term of this Agreement for the projects shall be for a period of one (1) year from July 1, 2007 to June 30, 2008, and proceed consistent with the completion schedule set forth in Exhibits "A and B". In the event that the projects are not substantially completed by the time set forth in the completion schedule due to unforeseen or uncontrollable causes, the COUNTY may consider extending the schedule for the completion of the project. Times of performance for other activities may also be extended in writing by COUNTY. If substantial progress toward completion in conformance with the completion schedule„ as determined by COUNTY, of the projects are not made during the term of the a 266 Page 1 of 9 Ii 2 3, 41' 5' 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Supplemental Agreement, COUNTY may suspend or terminate this agreement by the procedures set forth in the Section titled "Termination", of this agreement and the entitlement funds associated with the projects may be reprogrammed by COUNTY after appropriate notice is givens 4� DISPOSITION OF FUNDS. COUNTY's Board of Supervisors shall determine the final disposition and distribution of all funds received by COUNTY under the Act consistent with the provisions of Paragraphs 2 and 3 of this Agreement. COUNTY, through its Economic Development Agency, shall: (1) Make payment of the grant funds to CITY as designated in Exhibits "A and B'; (2) It is the CITY's responsibility to monitor all project activities of Exhibits "A and ',B" to ensure compliance with applicable federal regulations and the terms of this Agreement. CITY shall comply with timely drawdown of funds by submitting monthly requests for reimbursement. All disbursements of grant funds will be on a reimbursement basis and made within thirty (30) days after the CITY has submitted its letter identifying payments and documentation which supports expenditures. All authorized obligations incurred in the performance of the Agreement for projects eligible "der the following regulations must be reported to COUNTY no later than by June 13, 2008: a, Public Services [24 CFR 570.201 (e)] b. Acquisition [24 CFR 570.201 (a)] c; Clearance Activities [24 CFR 570.201 (d)] d,. Interim Assistance [24 CFR 570.201 (0] e, Code Enforcement [24 CFR 570.202 (c)] 411 other eligible activities under this Agreement must be implemented, completed, and obligati !ns reported by the CITY no later than the completion schedules set forth in the Exhibits to this Agreement. 5. COOPERATION WITH HOUSING ACTIVITIES. CITY shall cooperate with COUNTY in undertaking essential community development and housing assistance activities, specifically urban renewal and public assistance housing, and shall assist COUNTY in carrying s 261 Page 2 of 9 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 out its Strategic Plan of the Consolidated Plan and other requirements of the Community Development Block Grant Program. 6. LEAD AGENCY FOR COMPLIANCE WITH THE CALIFORNIA ENVIRQNMENTAL QUALITY ACT (CEQA). Pursuant to Section 15051(d) of Title 14 of the California Administrative Code, CITY is designated as the lead agency for the projects that are the subject matter of this Agreement. 1. HOLD HARMLESS AND INDEMNIFICATION. CITY shall comply with all applicable laws, rules and regulations, and shall indemnify, save and hold harmless COUNTY and its agency members and their respective agents, servants and employees of and from any and all liabilities, claims, debt, damages, demands, suits, actions and causes of action of whatsoever kind, nature or sort including, but not by way of limitation, wrongful death, expenses of the defense of said parties, and the payment of attorney's fees, arising out of or in any manner connected with the performance by CITY under this Agreement. 8. RECORDS AND INSPECTIONS. a. CITY shall establish and maintain records in accordance with 24 CFR Part 570, Part 85, OMB Circular A-87, and 24 CFR 91.105, as applicable, and as they relate to the acceptance and use of federal funds under this Agreement. b. CITY shall maintain a separate account for CDBG Entitlement funds received) as set forth in Exhibits ("A and B"). C. CITY shall, during the normal business hours, make available to COUNTY, the U.S. Department of Housing and Urban Development (HUD), or other authorized representative, for the examination and copying all of its records and other materials with respect to matters covered by this Agreement. d. CITY shall not retain any program income as defined in Section 570.500 of Title 24 of the Federal Code of Regulations. Said program income shall be used only for the activities that are the subject of this Agreement. Further, all provisions of this Agreement shall apply to such activities. e. The CITY shall ensure that at least fifty-one percent (51%) of the persons .2 Page 3 of 9 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 benefiting from all CDBG-funded activities or projects designated as serving limited clientele [570.208(a)(2)(i)] are of low and moderate income and meet the program income guidelines attached as Exhibits ("A and B"). The CITY must provide the required income certification and direct benefit documentation. 9; FEDERAL REQUIREMENTS. CITY shall comply with all applicable federal, state and local laws, regulations and ordinances and any amendments thereto and the federal regulations and guidelines now or hereafter enacted pursuant to the Act. More particularly, CITY is to comply with those regulations found in Part 85 and Part 570 of Title 24 of the Code of Federal Regulations. CITY is to comply with OMB Circular A-87, or any subsequent replacement. CITY is to abide by the provisions of the Community Development Block Grant Manual, prepared by COUNTY and cited in the above -mentioned Cooperation Agreement. CITY will comply with Section 3 of the Housing & Urban Development Act of 1968, as amended attached hereto as Exhibit "S". CITY will comply with the provisions of 24 CFR Part 570.200 0), attached as Exhibit "R," pertaining to inherently religious activities. 110. INDEPENDENT CONTRACTOR. CITY and its agents, servants and employees shall act at all times in an independent capacity during the term of this Agreement, and shall not act as, shall not be, nor shall they in any manner be construed to be agents, officers or employees of the COUNTY. fl. TERMINATION. a. CITY. CITY may not terminate this Agreement except upon express written consent of COUNTY. b. COUNTY. Notwithstanding the provisions of Paragraph I Ia, COUNTY may suspend or terminate this Agreement upon written notice to CITY of action being taken and the reason for such action: (1) In the event CITY fails to perform the covenants herein contained at such times and in such manner as provided in this Agreement; and (2) In the event there is a conflict with any federal, state or local law, ordinance, regulation or rule rendering any of the provisions of this Agreement invalid or Page 4 of 9 263 I untenably; or 2 (3) In the event the funding from the Department of Housing and 3 Urban Development referred to in Paragraphs I and 2 above is terminated or otherwise becomes 4 unavailable. 5 C. Upon suspension of this Agreement, CITY agrees to return any 6 unencumbered funds which it has been provided by COUNTY. In accepting said funds, 7 COUNTY does not waive any claim or cause of action it may have against CITY for breach of 8 this Agreement. 9 d. Reversion of Assets 10 1. Upon expiration of this Agreement, the SPONSOR shall transfer to 11 the COUNTY any CDBG funds on hand at the time of expiration of the Agreement as well as 12 any accounts receivable held by SPONSOR which are attributable to the use of CDBG funds 13 awarded i pursuant to this Agreement. 14 2. Any real property under the SPONSOR'S control that was 15 acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to 16 the SPONSOR in the form of a loan) in excess of $25,000 is either: 17 (i) Used to meet one of the National Objectives in Sec. 18 570.208 iuntil five years after expiration of this agreement, or for such longer period of time as 19 determined to be appropriate by the COUNTY; or 20 (ii) Not used in accordance with section (i) above, in which 21 event the SPONSOR shall pay to the COUNTY an amount equal to the current market value of 22 the property less any portion of the value attributable to expenditures of non-CDBG funds for the 23 acquisition of, or improvement to, the property. 24 112. NONDISCRIMINATION. CITY shall abide by Sections 570.601 and 570.602 of 25 Title 24 of the Federal Code of Regulations which requires that no person in the United States 26 shall on ft grounds of race, color, national origin, or sex, be excluded from participation in, be 27 denied the benefits of, or be subjected to discrimination under any program or activity funded in 28 whole or in part with Community Development funds. Page 5 of 9 264 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 1 �. PROHIBITION AGAINST CONFLICTS OF INTEREST a. CITY and its assigns, employees, agents, consultants, officers and elected and appointed officials shall become familiar with and shall comply with the CDBG regulations prohibiting conflicts of interest contained in 24 CFR 570.611, attached hereto as Exhibit "Cl" and by this reference incorporated herein. b. CITY and its assigns, employees, agents, consultants, officers, and elected and appointed officials shall become familiar with and shall comply with Section A -I I of the County's CDBG Policy manual, attached hereto as Exhibit "Cl" and by this reference incorporated herein. C. CITY understands and agrees that no waiver of exception can be granted to the prohibition against conflict of interest except upon written approval of HUD pursuant to 24 CFR570.611 (d). Any request by CITY for an exception shall first be reviewed by COUNTY to determine whether such request is appropriate for submission to HUD. In determining whether such request is appropriate for submission to HUD, COUNTY will consider the factors listed in 24 CFR 570.611 (e). d. Prior to any funding under this Agreement, CITY shall provide COUNTY with a list of all employees, agents, consultants, officers and elected and appointed officials who are in q position to participate in a decision making process, exercise any functions or responsibilities, or gain inside information with respect to the CDBG activities funded under this Agreement. CITY shall also promptly disclose to COUNTY any potential conflict, including even thel appearance of conflict, that may arise with respect to the CDBG activities funded under this Agreement. e. Any violation of this section shall be deemed a material breach of this Agreement, and the Agreement shall be immediately terminated by the COUNTY. 114. PROJECT ELIGIBILITY. As to CITY or its claimants, COUNTY shall bear no Iliability for any later determination by the United States Government, the Department of Housing and Urban Development or any other person or entity that CITY is or is not eligible under 24 CFR Part 570 to receive CDBG funds. 265 Page 6 of 9 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 I$. USE OF PROPERTY. Whenever federal CDBG funds or program income are used, in whole or in part, for the purchase of equipment or personal property, the property shall not be transferred from its originally funded use, by CITY or subrecipient, for a period of five (5) years from the close-out date of the grant from which CDBG assistance was provided. The CITY shall maintain a current inventory for COUNTY monitoring and review. 10. EMPLOYMENT OPPORTUNITIES TO BE CAUSED BY PROJECT. CITY agrees to notify and to require any lessee or assignee to notify Riverside County Workforce Development Center of any and all job openings that are caused by this project. 11. PUBLICITY. Any publicity generated by CITY for the project funded pursuant to this Agreement, during the term of this Agreement, will make reference to the Contribution of the County of Riverside, the Economic Development Agency, and the Community Development Block Grant Program in making the project possible. 18. PROGRAM MONITORING AND EVALUATION. CITY and its subrecipients shall be !monitored and evaluated in terms of its effectiveness and timely compliance with the provisions of this Agreement and the effective and efficient achievement of the Program Objectives. Quarterly reports shall be due on the last day of the month immediately following the end of the quarter being reported. The quarterly written reports shall include, but shall not be limited to, the following data elements: a. Title of program, listing of components, description of activities/operations. b. The projected goals, indicated numerically, and also the goals achieved (for each report period). In addition, identify by percentage and description, the progress achieved towards meeting the specified goals and identify any problems encountered in meeting goals. C. If the CDBG-funded Activity meets a National Objective under 24 CFR 570.208 (a)(2)(i), CITYwill report the following: 1) Total number of direct beneficiaries (clientele served) with household incomes at: Page 7 of 9 a !' 26� 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 • Above 80% MHI • Between 50% and 80% MHI (Low -Income) • Between 30% and 50% MHI (Very Low -Income) • Less than 30% MHI (Extremely Low -Income) 2) Total number and percent (%) of the clientele served that have household incomes at or below 80% MHI 3) Racial ethnicity of clientele 4) Number of Female -Headed Households CITY and its subrecipients shall report beneficiary statistics monthly to EDA on the pre - approved Direct Benefit Form and Self -Certification Form (certifying income, family size, and racial ethnicity) as required by HUD. Updated forms are to be provided to CITY by EDA should HUD implement changes during the term of this agreement. Ct"ITY and subrecipients will collect and provide all necessary data required by HUD pertaining to the Specific Outcome Indicators as identified in the CPD Outcome Performance Measurement System. 19. ENTIRE AGREEMENT. It is expressly agreed that this Agreement together with the cooperation Agreement between the parties, embodies the entire agreement of the parties in relation to the subject matter thereof, and that no other Agreement or understanding, verbal or otherwise, relative to this subject matter, exists between the parties at the time of execution. 20. MINISTERIAL ACTS. The Assistant County Executive Officer/EDA or designee(s) are authorized to take such ministerial actions as may be necessary or appropriate to implement the terms, provisions, and conditions of this Agreement as it may be amended from time to time by COUNTY. 21. PRIOR AUTHORIZATION. CITY shall obtain COUNTY's written approval from the Economic Development Agency prior to implementing the following "high risk" activities funded with CDBG assistance: a. Construction of public facilities (project plans and specifications); b. Acquisition of real property; Page 8 of 9 s 267 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 C. Historic Preservation; d. Relocation; and e. Economic Development 22. MODIFICATION OF AGREEMENT. This Agreement may be modified or amended only by a writing signed by the duly authorized and empowered representative of COUNT' and CITY respectively. DATED: COUNTY OF RIVERSIDE By: I Deputy Director SH:J'f:MC:jg CITY OF LA QUINTA By: Mayor StCDBGW?AB, CDBG Master TIa: ipgk J.g-La Qurta'6p0nA9-ee4 tQ WIN LQ �2-O Uao a 26R Page 9 of 9 EXHIBIT A Page 1 of 6 File No.: 41Q.01-07 CDBG SUPPLEMENTAL AGREEMENT SCOPE OF WORK —NON-PUBLIC SERVICE I. GENERAL INFORMATION CITY NAME: City of La Quinta ADDRESS: PO Box 1504 La Quinta, CA 92247 PROGRAM CONTACTS: Les Johnson, Planning Manager PHONE: (760) 777-7000 FAX: E-MAIL; PROJECT NAME: Round -A -Bout Intersection Reconstruction II PROJECT LOCATION: Avenida Montezuma & Avenida Nararro LEVEL OF ENVIRONMENTAL CLEARANCE: Categorical Exclusion (24 CFR 58.35) CDBG ELIGIBILITY CODE: 24 CFR 570.201 (c) PROJECT FUNDING SUMMARY: City Funding $164,538 Project to be administered by County (EDA) on behalf of City: YES ❑ NO II. SCOPE OF SERVICE A. Activities City will be responsible for administering a 2007-2008 Community Development Block Grant for the Found -A -Bout Intersection Reconstruction II in a manner satisfactory to the County of Riverside and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program: Activity #1 The City of La Quinta will use CDBG funds for the design and construction of necessary traffic flow and pedestrian safety improvements in the area of Avenida Montezuma and Avenida Navarro Streets. a, 269 EXHIBIT A Page 2 of 6 File No.: 41Q.01-07 B. National Objective All activities funded with CDBG funds must comply with one of more of the CDBG program's National Objective Criteria as required under 24 CFR 570.200(a)(2). City certifies that the activity(i@s) carried out under this Agreement will meet the following National Objective: Notional Objective Criteria: 570.208 (a)(1)(i) C�R Reference: Low Mod Area C. Levels of Accomplishment — Goals and Performance Measures The City agrees to implement and complete the following activity (ies): Activity #1 Preparation of project design and construction documents or contruction of improvements. CPD OUTCOME PERFORMANCE MEASUREMENT Objectives (select one): ® Creating Suitable Living Environments ❑ Providing Decent Affordable Housing ❑ Creating Economic Opportunities Outcome (select one): ❑ Availability/Accessibility ❑ Affordability ® Sustainability (promoting livable or viable communities) D. City Capacity By executing this Supplemental Agreement, the City certifies that it has the appropriate number of trained and knowledgeable staff, adequate facilities, proper equipment, required licensing and permitting, and sufficient amount of financial resources necessary to implement and carry out the activitiesi funded with CDBG funds. City wilt immediately notify County of any significant changes in organizational management, assigned staff, change in facilities, loss or change in matching funds, or any other event that could potentially impact the City or subrecipient's performance under this Agreement. Any changes in the above items are subject to the prior approval of the County. 270 EXHIBIT A Page 3 of 6 File No.: 4.LQ.01-07 E. Performance Monitoring The County of Riverside will monitor the performance of the City and its subrecipients against goals and performance standards as stated above. Substandard performance as determined by the County will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the City within a reasonable period of time after being notified by the County, contract suspension or termination procedures will be initiated. F. Program Budget It is expressly agreed and understood that the total amount to be paid by the County under this Agreement shall not exceed $164,583 Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in this Section and in accordance with performance. Payment$ may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 24 CFR 84.21. The County may require a more detailed budget breakdown than the one contained herein, and the City shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the County. Any amendments to the budget must be approved in writing by both the County and City. Line Item Amount Design/Engineering Costs $ 20,000 Project Administration Costs Construction Costs $ 144,583 Acquisition Costs Relocation Costs Capital Equipment Costs Code Enforcement Clearance Interim Assistance Other TOTAL CDBG BUDGET $ 164,583 a. 271 EXHIBIT A Page 4 of 6 File No.: 4.LQ.01-07 III. ADMINISTRATIVE REQUIREMENTS A. Accounting Standards The City agrees to comply with 24 CFR 84 or 85 as applicable and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. Cost Principles The City shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non -Profit Organizations," A-21, "Cost Principles for Educational Institutions," or OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal QIovemments as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis C. Documentation and Record Keeping 1, Records to be Maintained The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: i Records providing a full description of each activity undertaken; ii. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; iii. Records required to determine the eligibility of activities; iv. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; V. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; vi. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and vii. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2. Records Retention The City shall retain all financial records, supporting documents, statistical records, and 411 other records pertinent to the Agreement for a period of five (5) years. The retention period begins on the date of the submission of the County's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, 272 EXHIBIT A Page 5 of 6 File No.: 4.LQ.01-07 audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five- year period, whichever occurs later. 3; Client Data The City shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to County monitors or their designees for review upon request. 4. Disclosure The City understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the County's or City's responsibilities with respect to services provided under this contract, is prohibited by applicable federal and State law unless written consent is obtained from such person receiving service and, in the case of a minor, that of ai responsible parent/guardian. 51. Close-outs The City's obligation to the County shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the County), and determining the custodianship of records. Not withstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the City has control over CDBG funds, including program income. 6. Audits & Inspections All City records with respect to any matters covered by this Agreement shall be made available to the County, HUD, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the City within 30 days after receipt by the City. Failure of the City to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The City hereby agrees to have an annual agency audit conducted in accordance with current County policy concerning subrecipient audits and OMB Circular A-133. �..: 273 EXHIBIT A Page 6 of 6 File No.: 4.LQ.01-07 IV. PROJECT IMPLEMENTATION AND SCHEDULE Unless pre -approved by County, City will perform and complete the activities described in, Section II in conformance with the schedule of tasks and milestones listed below: Tasks / Milestone Start Date Completion Date Attend Mandatory Cooperating City Training Implement Project Activities Execute Supplemental Agreement & Notice to Incur Cost Tasks / Milestone Submit Quarterly Performance Reports to County County Monitoring of City Program/Performance July 2007 July 2007 October 2007 August 2007 September 2007 Start Date Completion Date October 15, 2007 January 15, 2008 April 15, 2008 July 31, 2008 October 31, 2008 January 31, 2009 April 30,2009 To be determined by Program Manager Specific Project Activities 1. City executes Supplemental Agreement; receive authorization to incur cost 2. City completes CEQA review process; provides documentation to EDA for preparation of NEPA review 3. City prepares final construction documents for EDA review and approval 4. HDA authorize City to advertise for bids 5. FDA reviews and approves bidding process 6. City awards contract 7. City and EDA conduct "pre -construction meeting" 8. EDA authorize City to issue "Notice to Proceed" 9. CDBG-funded activities must be completed by May 31, 2009. City Submits Reimbursement Request$ Monthly Submittal ❑ Other Schedule CDBG-funded Project Complete May 31, 2009 •. 27 4 EXHIBIT A Page 1 of 6 File No.: 41Q.02-07 CDBG SUPPLEMENTAL AGREEMENT SCOPE OF WORK —PUBLIC SERVICE I. GENERAL INFORMATION CITY NAME: City of La Quinta ADDRESS: PO Box 1504 La Quinta, CA 92247 CITY PROGRAM CONTACTS: Les Johnson, Planning Manager SUBRECIPIENT NAME: ADDRESS: PROGRAM CONTACT: PHONE: FAX: E-MAILI PROJECT NAME: Bps and Girls Club Scholarship Program PROJECT LOCATION: 49 995 Park e La Quinta CA 22253 LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT 124 CFR 58.34 (a)(4)] CDBG ELIGIBILITY CODE: 24 CFR 570.201(e) Public Services PROJECT FUNDING SUMMARY: City Funding $26,793 Project to be administered by County (EDA) on behalf of CITY: YES ❑ NO II. SCOPE OF SERVICE A. Activities City will be responsible for administering a 2007-2008 Community Development Block Grant for the Iloys and Girls Club Scholarship Program in a manner satisfactory to the County of Riverside and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program: a... 275 EXHIBIT A Page 2 of 6 File No.: 41Q.02-07 Activity##1 The Boys and Girls Club will use CDBG.junds to provide scholarships to 75 youth from low-income families allowing access to after -school services including concerts, homework assistance, recreation, arts and crafts. B. NAtionalObjective All activities funded with CDBG funds must comply with one of more of the CDBG program's National Objective Criteria as required under 24 CFR 570.200(a)(2). CITY certifies that the activity (ies) carried out under this Agreement will meet the following National Objective: National Objective Criteria: 570.208 (a)(2)(i)(B) CVR Reference: Low Mod Limited Clientele Income Certification C. Levels of Accomplishment — Goals and Performance Measures The City agrees to provide the following levels of program services: Activity Units Total Total per Month Units/Year Unduplicated Persons Activity ##1 7 75 75 Activity #2 Unit of Service is defined as: Scholarships to eligible youth CPD OUTCOME PERFORMANCE MEASUREMENT Objectives (select one): ® Creating Suitable Living Environments ❑ Providing Decent Affordable Housing ❑ Creating Economic Opportunities Outcome (select one): ❑ Availability/Accessibility ® Affordability ❑ Sustainability (promoting livable or viable communities) D. City Capacity By executing this Supplemental Agreement, the City certifies that it and its subrecipients have the appropriate number of trained and knowledgeable staff, adequate facilities, proper equipment, required licensing and permitting, and sufficient amount of financial resources necessary to implement and carry out the activities funded with CDBG funds. a . 27S EXHIBIT A Page 3 of 6 File No.: 4.LQ.02-07 City will immediately notify County of any significant changes in organizational management, assigned staff, change in facilities, loss or change in matching funds, or any other event that could potentially impact City's performance under this Agreement. Any changes in the above items are subject to the prior approval of the County. E. Performance Monitoring The County of Riverside will monitor the performance of the City and its subrecipients against goals and performance standards as stated above. Substandard performance as determined by the County will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the City within a reasonable period of time after being notified by the County, contract suspension or termination procedures will be initiated. F. Program Budget It is expressly agreed and understood that the total amount to be paid by the County under this Agreement shall not exceed $26,793. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in this Section and in accordance with performance. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 24 CFR 84.21. The Coulnty may require a more detailed budget breakdown than the one contained herein, and the City shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the County. Any amendments to the budget must be approved in writing by both the County and City. Line Item Amount Direct Program Expenses Salaries $ Fringe Office Space (Program Only) Utilities Communications Reproduction/Printing Supplies and Materials Mileage Equipment (Program Only) Audit Transportation Other (Specify) Total Direct Program Costs Indirect Costs (Scholarships)* $ 26,793 Total Indirect Costs $ 26,793 TOTAL CDBG BUDGET $ 26,793 2.7 7 EXHIBIT A Page 4 of 6 File No.: 41Q.02-07 All indirect costs must be pre -approved by the County. City must submit an Indirect Cost Allocation Plan to County, in a form specified by County, demonstrating the appropriate share of general and administrative costs. I11. ADMINISTRATIVE REQUIREMENTS A. Accounting Standards The City agrees to comply with 24 CFR 84 or 85 as applicable and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. Cost Principles The City shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non -Profit Organizations," A-21, "Cost Principles for Educational Institutions," or OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis C. Documentation and Record Keeping 1, Records to be Maintained The City and its subrecipients will maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: i Records providing a full description of each activity undertaken; ii. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; iii. Records required to determine the eligibility of activities; iv. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; V. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; vi. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and vii. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2. Records Retention 'the City shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of five (5) years. The retention period begins on the date of the submission of the County's'annual performance and evaluation report to HUD in which the activities assisted under the Agreement are 278 EXHIBIT A Page 5 of 6 File No.: 41Q.02-07 reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five- year period, whichever occurs later. 3, Client Data The City shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to County monitors or their designees for review upon request. 4, Disclosure The City understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the County's or City's responsibilities with respect to services provided under this contract, is prohibited by applicable federal and State law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5, Close-outs The City's obligation to the County shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the County), and determining the custodianship of records. Not withstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the City has control over CDBG funds, including program income. 61. Audits & Inspections All City records with respect to any matters covered by this Agreement shall be made available to the County, HUD, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the City within 30 days after receipt by the City. Failure of the City to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The City hereby agrees to have an annual agency audit conducted in accordance with current County policy concerning subrecipient audits and OMB Circular A-133. a' 279 EXHIBIT A Page 6 of 6 File No.: 41Q.02-07 IV. PROJECT IMPLEMENTATION AND SCHEDULE Unless pre -approved by County, CITY will perform and complete the activities described in Section I( in conformance with the schedule of tasks and milestones listed below: Tasks / Milestone Start Date Completion Date Attend Mandatory Cooperating City Training Execute $ubrecipient Agreements (EDA must approve) Implement Program Activities Execute Supplemental Agreement & Notice to Incur Cost City Submit Quarterly Performance Reports to County County Monitoring of City Performalnce City submit Monthly Direct Benefit Reports City Submits Reimbursement Requests July 2007 July 2007 July 1, 2007 September 2007 July 1, 2007 August 2007 September 2007 October 15, 2007 January 15, 2008 April 15, 2008 July 31, 2008 To be determined by Program Manager September 2007 Monthly Submittal ❑ September 2007 Other Schedule ® December 2007 CDBG Program Services Complete V. SIPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS July 2008 June 13, 2008 April 2008 June 30, 2008 City will require Boys & Girls Club to obtain "income certifications" from all youth receiving scholarships. The youth's parents or guardian must execute the certification. Also, the Boys & Girls Club must "income verify" at least 10% of paticipants family income. 5 fD&'r.GV)3 t:ox , Mwneo I'.aokri \fi.-� n V�mr�..nn: B 4 LQ 0_'d�"J as a 280 Prohibition Against Conflicts of Interest EXHIBIT Cl , page 1 of 4 § 570.611 Conflict of interest (a) Applicability. (1) In the procurement of supplies, equipment, construction, and services by recipients, and by subrecipients (including those specified at § 570.204(c)), the conflict of interest provisions in 24 CFR 85.36 and OMB Circular A p 10, respectively, shall apply. (2) In all cases not governed by 24 CFR 85.36 and OMB Circular A-110, the provisions of this section shall apply. Such cases include the acquisition and disposition of real property and the provision of assistance by the recipient, by its subrecipients, or to individuals, businesses and other private entities under eligible activities; which authorize such assistance (e.g., rehabilitation, preservation, and other improvements of private properties or facilities pursuant to § 570.202, or grants, loans and other assistance to businesses, individuals and other private entities pursuant to § 570-203, § 570.204 or § 570.455). (b) Conflicts prohibited. Except for the use of CDBG funds to pay salaries and other related administrative or personnel costs, the general rule is that no persons described in paragraph (c) of this section who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted under this part or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from a CDBG assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. For the UDAG program, the above restrictions shall apply to all activities that are a part of the UDAG project, and shall cover any such interest or benefit during, or at any time after, such person's tenure. (c) Persons covered. The conflict of interest provisions of paragraph (b) of this section apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the recipient, or of any designated public agencies, or subrecipients which are receiving funds under this part. (d) ExcepOns: threshold requirements. Upon the written request of the recipient, HUD may grant an exception to the provisions of paragraph (b) of this section on a case -by -case basis when it determines that such an exception wiA serve to further the purposes of the Act and the effective and efficient administration of the recipient's program or project. An exception may be considered only after the recipient has provided the following: (1) A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and (2) An opinion of the recipient's attorney that the interest for which the exception is sought would not Violate State for local law. a. 281 Prohibition Against Conflicts of Interest EXHIBIT Cl,page 2 of 4 (e) Factors tq be considered for exceptions. In determining whether to grant a requested exception after the recipient has satisfactorily met the requirements of paragraph (d) of this section, HUD shall consider the cumulative effect of the following factors, where applicable: (1) Whether the exception would provide a significant cost benefit or an essential degree of expertise to the prlogram or project which would otherwise not be available; (2) Whether an opportunity was provided for open competitive bidding or negotiation; (3) Whether the person affected is a member of a group or class of low or moderate income persons intended to be the beneficiaries of the assisted activity, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; (4) Whether the affected person has withdrawn from his or her functions or responsibilities, or the decision making process with respect to the specific assisted activity in question; (5) Whether the interest or benefit was present before the affected person was in a position as described in paragraph (b) of this section; (6) Whether undue hardship will result either to the recipient or the person affected when weighed against the public, interest served by avoiding the prohibited conflict; and (7) Any other relevant considerations. 282 Prohibition Against Conflicts of Interest Exhibit CI, page 3 of 4 TOPIC: CONFLICT OF INTEREST CODED RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY DATE: October 1989 This Conflict of Interest Code is written to comply with Federal Regulations (24 CFR Part 85). These Regulations. "Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments require that grantees and sub -grantees will maintain a written code of standards of conduct governing the performance of their employees engaged in the award and administration of contracts. 1) No employee, officer or agent of the grantee shall participate in the selection, in the award or in the administration of a contract supported by Federal Funds if a conflict of interest, real or apparent, would be involved. 2) Such a conflict will arise when: i) The employee, officer or agent; ii) Any member of the immediate family; iii) HiS/Her partners, or; iv) An organization which employs, or is about to employ any of the above has a financial or other interest in the firm's selection for award. 3) The grantee's or sub -grantee's officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors or parties to sub -agreements except as noted in Section 4. 4) A grantee's or sub -grantee's officers, employees or agents will be presumed to have a financial interest in a business if their financial interest exceeds the following: i) Any business entity in which the official has a direct or indirect investment worth one thousand dollars ($1,000) or more. ii) Any real property in which the official has a direct or indirect interest worth one thousand dollars ($1,000) or more. a ' - 283 Prohibition Against Conflicts of Interest Exhibit CI, page 4 of 4 TOPIC: CONFLICT OF INTEREST CODE RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY DATE: October 1989 iii) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating two hundred fifty dollars ($250) or more in value provided to, received by or promised to the official within 12 months prior to the time when the decision is made. iv) Any business entity in which the official is a director, officer, partner, trustee, employee, or holds any position of management. v) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating two hundred fifty dollars ($250) or more in value provided to, received by, or promised to the official within 12 months prior to the time when the decision is made. 5) For purposes of Section 4, indirect investment or interest means any investment or interest owned by the spouse or dependent child of an official, by an agent on behalf of an official, or by a business entity or trust in which the official, the official's agents, spouse, and dependent children own directly, indirectly, or beneficially a 10-percent interest or more. a' 284 EXHIBIT "R" CONSTITUTIONAL PROHIBITION Page 1 of 2 In accordance with First Amendment Church/State Principles, as a general rule, CDBG/ESG assistance may not be 'used for religious activities or provided to primarily religious entities for any activities, including secular activities. The following restrictions and limitations therefore apply to the use of CDBG/ESG funds. (1) CDBG/ESG funds may not be used for the acquisition of property or the construction or rehabilitation (including historic preservation and removal of architectural barriers) of structures to be used for religious purposes or which will otherwise promote religious interests. This limitation includes the acquisition of property for ownership by primarily religious entities and the construction or rehabilitation (including historic preservation and removal of architectural barriers) of structures owned by such entities (except as permitted under paragraph 0) (2) of this section with respect to rehabilitation and under paragraph 0) (4) of this section with respect to repairs undertaken in connection with public services) regardless of the use to be made of the property or structure. Property owned by primarily religious entities may be acquired with CDBG/ESG funds at no more than fair market value for a non- religious use. (2) CDBG/ESG funds may be used to rehabilitate buildings owned by primarily religious entities to be, used for a wholly secular purpose under the following conditions: (i) The building (or portion thereof) that is to be improved with the CDBG/ESG assistance has been leased to an existing or newly -established wholly secular entity (which may be an entity established by the religious entity); (ii) The CDBG/ESG assistance is provided to the lessee (and not the lessor) to make the improvements; (iii) The leased premises will be used exclusively for secular purposes available to persons regardless of religion; (iv) The lease payments do ,not exceed the fair market rent of the premises as they were before the improvements are made; (v) The portion of the cost of any improvements that also serve a non -leased part of the building will be allocated to and paid for by the lessor; (vi) The lessor enters into a binding agreement that unless the lessee, or a qualified successor lessee, retains the use of the leased premises for a wholly secular purpose for at least the useful life of the improvements, the lessor will pay to the lessee an amount equal to the residual value of the improvements; (vii) The lessee must remit the amount received from the lessor under subparagraph (2)(vi) of this section to the recipient or subrecipient from which the CDBG/ESG funds were derived. e- 285 EXHIBIT "R" CONSTITUTIONAL PROHIBITION Page 2 of 2 The lessee can also enter into a management contract authorizing the lessor religious entity to use the building for its intended secular purpose, e.g., homeless shelter, provision of public services. In such case, the religious entity must agree in the management contract to carry out the secular purpose in a manner free ,form religious influences in accordance with the principles set forth in paragraph 0)(3) of this section. (3) As a general rule, CDBG/ESG funds may be used for eligible public services to be provided through a primarily religious entity, where the religious entity enters into an agreement with the recipientor subrecipient from which the CDBG/ESG funds are derived that, in connection with the provision of such services: (i) It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. (ii) It will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion; (iii) It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such public services; (iv) The portion of a facility used to provide the public services shall contain no religious symbols or decorations, other than those permanently affixed to or part of the structure. (4) Where the public services provided under paragraph 0)(3) of this section are carried out on property owned by the primarily religious entity, CDBG/ESG funds may also be used for minor repairs to such property which are directly related to carrying out the public services where the cost constitutes in dollar terns only an incidental portion of the CDBG/ESG expenditure for the public services. 286 EXHIBIT "S", page 1 of 1 Economic Opportunities for Section 3 Residents and Section 3 Business Concerns Sec. 135.38 Section 3 clause. All section 3 covered contracts shall include the following clause (referred to as the section 3 clause): A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low - and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of, the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian - owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) lagree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). 9 287 COUN6L/RDA MEETING DATE: December 18, 2007 ITEM TITLE: Adoption of a Resolution Accepting a Donation from the Friends of the Library REgOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: c24 STUDY SESSION: PUBLIC HEARING: Adopt a Resolution accepting a $25,000 donation from the Friends of the La Quinta Library. FISCAL IMPLICATIONS: The,Friends of the La Quinta Library $25,000 contribution is intended to go towards the La Quinta Library Phase II renovation project. CKgRTER CITY IMPLICATIONS: None. BA&GROUND AND OVERVIEW: In October 2007, staff was verbally contacted by the Friends of the La Quinta Library ("the Friends"), a non-profit community organization, regarding their interest in making a monetary donation to the La Quinta Library Phase II renovation project. The final donation amount decided upon by the Friends was $25,000. These monies were raised by the Friends before the new library building was established. The Friends of the La Quinta Library group has been in existence for over 20 years. The emission of the Friends is to maintain an association of persons interested in books and libraries and to focus public attention on library services, facilities, and needs. Sorge of the Friends' activities include monthly membership meetings, organizing book donations to the Library, and coordinating book sales. Currently, the Friends of the La Quinta Library are made up of approximately 65 members. A, 288 FINDIINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution accepting a $25,000 donation from the Friends of the La Quinta Library; or 2. Do not adopt a Resolution accepting a $25,000 donation from the Friends of the La Quinta Library; or 3. ' Provide staff with alternative directions. Respectfully submitted, Edie F ylton Community Services Director Approved for submission by: G Thomas P. Genovese, City Manager Is 289 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING A DONATION FROM THE FRIENDS OF THE LA QUINTA LIBRARY ("THE FRIENDS") GROUP WHEREAS, on December 18, 2007, the Friends generously offered a donation of $25,000 to be given to the City of La Quinta as a contribution to the La Quinta Library Phase II renovation project; and WHEREAS, the contribution was offered for donation to the City of La Quinta and was not given to or limited to the use of any particular employee or official; and WHEREAS, it is in the best interest of the City of La Quinta to accept the donation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Qulinta, California, as follows: The City of La Quinta hereby accepts the donation of $25,000 to be given to the City of La Quinta as a contribution to the La Quinta Library Phase II renovation project. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 18" day of December, 2007, by the following vote to wit: AYESI NOES, ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California •. 29q Resolut,I No.2007- The Friends of the Library Adopted': December 18, 2007 Page 2 ATTEST: Veronica J. Montecino, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California a, 291 T4hw 4 lwQ COUNCII./RDA MEETING DATE: December 18, 2007 ITEM TITLE: Adoption of a Resolution Granting an Extension to the Conditional Approval of a Final Map for Parcel Map No. 34855, JC Penney, Stamko Development, Co. RECOOMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 4,5- STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting a time extension to the conditional approval of a Final Map for Parcel Map No. 34855, JC Penney, Stamko Development, Co. FISCA4 IMPLICATIONS: None. CHARMER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Yap No. 34855 is located north of Avenue 48 and east of Adams Street (Attachment 1). This commercial development will consist of 11 parcels on approximately 22.81 acres (Attachment 2). On September 20, 2006, the Council approved Final Tentative Parcel Map 34855. On November 20, 2007, the Council granted conditional approval of a Final Map for Parcel Map No. 34855. This conditional approval was to expire on December 20, 2007. lAttachment 3 is a letter from the developer that states that additional time is being requested due to new bank procedures and other delays due to the holiday season, 0 292 The developer has requested a time extension (Attachment 3) of thirty (30) days to the City Council's conditional approval of the Final Map which will allow an additional thirty (�O) days for completion of its processing. As a result, City staff has prepared the attached Resolution which provides for a time extension of the Council's conditional approval of the Final Map. The approval is contingent upon receipt by January 21, 2008 of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk) and associated securities. Once these items are received, the City Clerk will affjx the City Seal to the Final Map and offer the Final Map for recording by the County) Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINiFGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting a thirty (30) day time extension io the conditional approval of a Final Map for Parcel Map No. 34855, JC Denney, Stamko Development, Co.; or 2. Do not adopt a Resolution of the City Council granting a thirty (30) day time extension to the conditional approval of a Final Map for Parcel Map No. 34855, JC Penney, Stamko Development, Co.; or 3. Provide staff with alternative direction. Respectfully submitted, Ti othy R. J nas P.E. ublic �1/orks Dir r/ City Engineer Approved for submission by: G Thomas P. Genovese, City Manager 293 Attach'iments: 1. Vicinity Map 2. Tract Map 3. Letter from Stamko dated December 12, 2007 294 RESOLUTION NO. 2007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING A TIME EXTENSION TO THE CONDITIONAL FINAL MAP APPROVAL OF PARCEL MAP NO. 34855, JC PENNEY, STAMKO DEVELOPMENT, CO A LIMITED PARTNERSHIP WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the City Council, conditionally approved a Final Map No. 34�55 on November 20, 2007; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map appkoval, but has encountered minor delays due to changing bank procedures and the holidays, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within an additional thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City] Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is thegefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 4a Quinta, California, as follows: e. 295 Resolption No. 2007 - Parcei No. 34855 Adopted: December 28, 2007 Page R Section 1. A thirty (30) day time extension to the conditional approval of final map for Parcel Map 34855 is granted provided the subdivider submits all required items on or before January 21, 2008. Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative tract map, the Subdivision Map Act, and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the mark until the subdivider has completed the following requirements to the City! Engineer's satisfaction. A. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement. B. Finalize the final Parcel Map and obtain all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on January 21, 2008. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. Is' 296 Resolbtion No. 2007 - Parcel No. 34855 Adopted: December 28, 2007 Page 0 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 18`h day of December, 2007, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, CITY CLERK City l of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney a 297 Resolution No. 2007 - Parcei No. 34855 Adopted: December 28, 2007 Page 2 City of La Quinta, California •:. 298 ATTACHMENT 1 j 1 c/, n w o z C/) � � zo o�-t cV) z CD z v � o � w AVENUE 48 SITE VICINITY MAP o: 299 ATTACHMENT 2 b QQS.k�� pb� �Q ac 5 1 300 S ki is �� 1 �� may♦ rlHmon liaeu.*srM �� rya ..,,, r• �._.. . s iY .orr � Wzo RRRR, J ;� ;y� <Y � I(./M.M♦ICM 4Fs(4 N S vuary W f � 11Yh S� 133a166WWV � � �R r rn sityy,,y �i a � 13aaisswor � w i �� --__-_____-_ -----' - 301 MK y ~�'�yCy ��4 anmw ar� 33 I ATTACHMENT 3 STAMKO DEVELOPMENT CO. 78-060 Calle Estado La Quinta, CA 92253 760-777-7686 December 12, 2007 Mt. Ed Wimmer Public Works Department City of La Quinta LA Quinta, CA 92253 Re: Parcel Map Dear Ed: Per our earlier phone conversation, following is the reason we need some additional time to ,file the parcel map for the JCPenney project. Due to current economic market conditions, the bonding company has requested a "set aside letter" from Stamko's construction lender, Rabobank. Our loan was supposed to be in iheir loan committee yesterday. We just found out this morning that it won't go to committee until December 18th. The bond for the two SIA's for on and off site improvements is ready. The bonding company is only waiting for the "set aside letter" to release the bond to the City. Feel free to contact Paul Lewis with Desert Empire Insurance Services Inc. at 760-360-4700. He can also provide you with a copy of the bond but can't release the original without the "set aside letter" from the bank. Assuming the bank approves the loan on the 18a' (they have done all of the financing on the project to date) there is not enough time to get everything done so the map can be filed on or before the 20'", when the thirty day period ends. to the Holidays, we respectfully request a thirty day extension be granted. dkner, Advisor Development Co. +-L 303 ATTACHMENT 3 STAMKO DEVELOPMENT CO. 78-060 Calle Estado La Quinta, CA 92253 760-777-7686 Dec�mber 12, 2007 Mr. �d Wimmer Pubtic Works Department City of La Quinta La ( Uinta, CA 92253 Re: IIII Parcel Map Deaf Ed: Per Our earlier phone conversation, following is the reason we need some additional time to file the parcel map for the JCPenney project. Due',to current economic market conditions, the bonding company has requested a "set aside letter" from Stamko's construction lender, Rabobank. Our loan was supposed to be in their loan committee yesterday. We just found out this morning that it won't go to committee until December 18th. The �ond for the two SIA's for on and off site improvements is ready. The bonding company is only waiting for the "set aside letter" to release the bond to the City. Feel free to contact Paul Lewis with Desert Empire Insurance Services Inc. at 760-360-4700. He can also provide you with a copy of the bond but can't release the original without the "set 'aside letter" from the bank. Ass tuning the bank approves the loan on the 10 (they have done all of the financing on the Project to date) there is not enough time to get everything done so the map can be filed on or before the 20a', when the thirty day period ends. Due Ito the Holidays, we respectfully request a thirty day extension be granted &ner, Advisor Development Co. Tity4 4 a" COUNCIL/RDA MEETING DATE: December 18, 2007 ITEM TITLE: Approval of a Grant Application from the National Highway Traffic Safety Administration (NHTSA) for Click It or Ticket (CIOT) mobilization by the La Quinta Police Department RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the grant application from the National Highway Traffic Safety Administration (NHTSA) for Click It or Ticket (CIOT) mobilization by the La Quinta Police Department. This program is administered through the University of California Berkley Traffic Safety Center. (Attachment 1) FISCAL IMPLICATIONS: The City has established a revenue account (101-1000-332.00-00) to accept the funding, and a corresponding expenditure account (101-5054-421.36-51) to track allocations. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The University of California Berkley Traffic Safety Center, serving as grant administrator for The California Office of Traffic Safety (OTS), has announced the award of mini -grant funds for Click It or Ticket mobilization throughout California from May 12 to June 1, 2008. The goal of the Click It Or Ticket Program is to increase seat belt use statewide to 95% in 2008 through the combined efforts of the California Highway Patrol (CHP), OTS and local law enforcement. The CIOT strategy is to focus F 305 Public information and enforcement on persons who fail to use seat belts during the 2008 CIOT National Mobilization. OTS will coordinate the public information element of the campaign one week prior to, during, and after the 2008 enforcement mobilization period. The maximum allowable grant amount is $7,500, which is based upon the population. This covers actual overtime costs for supervisors, officers/deputies, dispatchers, and administrative during the mobilization time period. Supervisors and officers/deputies must be assigned solely to seat belt enforcement duties. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council are: 1. Approve the grant application from the National Highway Traffic Safety Administration (NHTSA) for Click It or Ticket (CIOT) mobilization by the La Quinta Police Department; or 2. Do not accept approve the grant application from the National Highway Traffic Safety Administration (NHTSA) for Click It or Ticket (CIOT) mobilization by the La Quinta Police Department; or 3. Provide staff with alternative direction. Respectfully submitted, Bret W. Plumlee, Assistant City Manager — Management Services Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Grant application for Click It or Ticket mobilization 0 2 306 Attachment 1- Qs w C U U' z co 00 o 0 N N CL o ai ZKME7 C K aZIX Lu ONO NC LL J F Z aww o Q V N C �g o0 KJ �� O O Q. J t> O Q VO U. �n Co UN v �Q oU CT O H N N n`. Tern Y Co O a)4 c0 15 O_ O Co Co l0 c0 =EUcccc U0LL UM Co U� O L �m 3 d 0 c � N U •ri C m E 0 w c w a R 4/ 41 L_ W c V 7 C C O v u c d a w 0 d E z Lo CN ko I N w a L 0 x N U. N E w ° d Q Z c m u °c E m w 0 0. UCD F C a U • 307 C 7 O F O O O O O O O O O O O O 00 O C7 U) 0 m 0 LO O 0 m 0 N O O N 10 t O N N O N O N O l0 N R Vi fA b9 Cl) b9 fA EA � � Vi � � oq E E E E © E E E E E E E E E E E E E E E E E E E E E E x x x x x x x 'x x x x x m a c i r E it N r O Q Q N O O O O O O O N N O 0 O C O 0 O C q c O O 0 > O C o o o o 0 �n iri o O U O t0 0 N O f� O N to -0 LO O ti �'- e- N N N C N 0 l0 OL N c> c O v 0 0 0 0 o 0 o 0 n 0 0 > EL C 0o O O 00o C O O O O O O ...! 0 O 0 o o o o o O L � L N to L6 O .N- < .n- N N N N m U x ❑ ❑ C ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Q m U G W U- ° 303 cE° ca c C rn c 0NN t0`n N NOc N.L. 0 C U ac T O O m a a � c N C j d N L 0 N mom o�v m m N N N a N' m N w N 0 N c E > a c d N T O 41 ONO �E ui nv N N OQ N U> N N N COD C L E C N N O p > C � N Ol O vi U 07 N C C � p a0 o � N Y N L N N C N `0 O N E '00) 7 4,5 7 _ c O O .r3a Nc_ �a mycN,mc oEE 0 U y C c 08 E.30 oOo mmmID a�ad n N A T N N W O p C c Op N 7 (m, O N YY N T a 0).0a) a U >o' C .L.. c0) V d a - �yk�'. C 7 N'NO 0� da c rna 2,.n N 8 N NE NO3 m C> Q ` T> O 3 CD N 1) 9y .0 cider ° '>ja� Av�� mdc m a77 N C N v� d CM UA rn0 w EE N�M aNL-' l`0 y N a d N T F'j 4Ni NLC L N O > > N F- N a L ro p 0 .m. �y }G G OOp4]]1 It v e- till ' O 00 LO M O\ l0 0 W 00 00 0 CO N Lrn V1 LO Ln OD C 1- 00 N m 00 M m O M r- 01 r- ur1 t�f) M M N ISE Ln ,iiuM m -. : �I, r-1 r-I N r-I r-I Sl rl a 0 N '_' 21 N N N L N C v N a in O a 00 O U a 00 � 0 N o E a N t O N L O 309 0 M ri W Ln vl- C E 7 O U w O E VLr C 3 O N Q C O `. m U N C � N m C Ul F aa) 7 N O C 7 _ O M E c Q m ri W L V j C E E r- O V} X U O C C E x y U T O C f0 E N `N" E m � m v � � c o M M O Q � Q .0 {0 l0 0 o a � F h I t: d Z E C AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: December 18. 2007 BUSINESS SESSION: / ITEM TITLE: Consideration of a Request from the CONSENT CALENDAR: Coachella Valley Recreation and Park District to Waive STUDY SESSION: _ Permit Fees and Appropriation of Funds PUBLIC HEARING: RECOMMENDATION: Approve the waiver of permit fees for the Coachella Valley Recreation and Park District (CVRPD) for Phase 1 of Coral Mountain Discovery Park and appropriate approximately $2,000. FISCAL IMPLICATIONS: On December 4, 2007, the City Council directed staff to provide information to consider waiving permit fees for the CVRPD. The City is unable to waive fees, therefore should the City Council approve this request, the City would need to appropriate approximately $2,000 from Undesignated General Fund Reserves, Account No. 101-0000-290.00-00. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On November 9, 2007, the City received correspondence from CVRPD (Attachment 1) requesting consideration to waive permit fees for Phase 1 of Coral Mountain Discovery Park. Located at Avenue 58 and Jefferson Street adjacent to Lake Cahuilla in La Quinta, this facility will contain numerous amenities for the community including an interpretive center, amphitheater, fire pit, picnic tables, and restrooms. An accessible loop trail will be developed around the 123 acres natural park and connect to existing and planned city and regional trails. 311 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the waiver of permit fees for the Coachella Valley Recreation and Park District for Phase 1 of Coral Mountain Discovery Park and appropriate funding of approximately $2,000; or 2. Do not approve the waiver of permit fees for the Coachella Valley Recreation and Park District for Phase 1 of Coral Mountain Discovery Park and do not appropriate funding of approximately $2,000; or 3. Provide staff with alternative direction. Respectfully submitted, Edie Hylton Community Servic s Director Approved for submission y: Thomas P. Genovese, City Manager Attachment: 1 . October 31. 2007 Letter 312 ATTACHMENT 1 AMMOMMMMW *Mk C" HELLA VALLEY RECREATION AND PARK D13TRICT 45-305 Oasis Street Indio, CA 92201 Phone (760) 347-3484 Fax (760) 347-4660 www.cvrpd.org Serving the Communities of: Bermuda Dunes Coachella Indian Wells Indio Indio Hills La Quinta Mecca North Shore Oasis Palm Desert Rancho Mirage Thermal Thousand Palms Vista Santa Rosa October 31, 2007 Don Adolph, Mayor City of La Quinta P.O. Box 1504 La Quinta, CA 92247 Dear Mayor Adolph and Members of the Council, The Coachella Valley Recreation and Park District has submitted a Site Development Permit Application and processing fee for phase 1 of Coral Mountain Discovery Park. The District respectfully requests that the City waive the $2,000 processing fee and future fees, usual and customary, to this process in recognition of the District as a public agency developing a new public resource within the City of La Quinta. Coral Mountain Discovery Park is located at the comer of Avenue 58 and Jefferson Street, adjacent to Lake Cahuilla. This unique park will feature an Interpretive Center —a shaded outdoor installation with interactive interpretive displays, an amphitheater, fire pit, picnic tables, and restrooms. Other park amenities include an entry gate, parking for vehicles, and an accessible loop trail with orientation and interpretive signs around the developed, 123-acre portion of the park. The loop trail proposed for the developed segment of the park will link with other trails that provide access to the mountainous portion of the site, as well as connect to existing and planned city and regional trails. The City staff has been a tremendous help and extremely flexible in assisting us on this project. We are working under right time constraints and thus far they have been diligent about moving this project forward on the fast track. Thank you for your consideration of our request and we look forward to your favorable response. Sincerely, Stan Ford, General Manager SF My Documents\la quinta\ 2007\ council\ 07oct31 -Coral Mountain 313 TdY 4 4 494a COUNCIL/RDA MEETING DATE: December 18, 2007 ITEM TITLE: Consideration of Promotional Logo for City of La Quinta RECOMMENDATION: Approve a promotional logo for the City of La Quinta. FISCAL IMPLICATIONS: None associated with this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: �L CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The adopted City of La Quinta Marketing Plan for Fiscal Year 2007-2008 includes the task of creating a promotional logo for the City of La Quinta for advertising and marketing purposes. In preparation for development of the new logo, staff and Kiner Communications conducted research on other logos within the Coachella Valley and throughout the country (a sampling is provided as Attachment 1). Logos that were simple, clean, and updated made more of an impact visually and were deemed to provide more versatility in terms of future uses (beyond advertising and marketing). Potential uses were kept in mind such as apparel, monuments, and promotional gifts. In addition, several brainstorming sessions were held with the graphic artist to identity elements unique to La Quinta. Three elements surfaced to the top of the list: 1) The gem — as La Quinta is the "Gem of the Desert," 2) The mountains — as La Quinta is .01 314 surrounded by the breathtaking Santa Rosa Mountains, and 3) The quail — as Gambel's Quail is the City bird. Three logos are being proposed for City Council consideration (Attachment 2). Logo "A" is a revised version of the 25`h Anniversary logo. Logos "B" and "C" incorporate the graphic elements described above. The new promotional logo is not meant as a replacement of the City seal on official documents. Upon adoption, staff would begin using the new logo to promote La Quinta on new banners, ads, newsletters, and other promotional projects. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve a promotional logo for the City of La Quinta; or 2. Do not approve a promotional logo for the City of La Quinta; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas RO.rEvans, Assistant City Manager — Development Services Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Sampling of other logos 2. Three proposed logos for City of La Quinta a 315 Attachment 1 City of Coachella INDIArN''��!" WELLS CALIFORNIA Catl�e�d�c� Ci� The spin of the Desert 3 3 Brewer, ME Cathedral City Baconton, GA DOE DAC" t V � 4004f0 + QiOt0;� 31116 Bellflower 0 1 OF BELLF(,Ow laimfu� Arcnww.� Eumrn M1 f Moreno Valley f MORENO VALLEY W H E R E D R E A M 3 4 0 A R Salt Lake City, UT San Jose AM%CITY OF SAN 41 CAPITAL OF SILICON VALLEY Minneapolis, MN Minneapolis City of Lakes Attachment 2 U ROLM GEM of the DESERT - GEM of the DESERT LA QUINTA GEM of the DESERT ff u�Kfmi u -R L,A, Nul-�- IuUHN'� GEM of the DESERT 'p HEM- T `JT 12,,,, Lln C Ull GEM of the DESERT LAOIJINTA GEM of the DESERT a 320 COUNCIL/RDA MEETING DATE: December 18, 2007 ITEM TITLE: Consideration of an Appropriation for Additional Requests by the PGA for the Bob Hope Chrysler Classic RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: 3 CONSENT CALENDAR: STUDY SESSION: _ PUBLIC HEARING: Approve an appropriation of $80,030 from the General Fund to fund additional preparations for the Bob Hope Chrysler Classic as requested by the PGA. FISCAL IMPLICATIONS: Adequate funding is available in General Fund Undesignated Reserve (Account 101- 0000-290.00-00) for this appropriation. If approved , these funds would be budgeted for in the SilverRock Golf Fund and would result in an advance from the General Fund to the SilverRock Fund. It is anticipated that these future advances would be repaid to the General Fund from future revenues generated at Silver Rock. BACKGROUND AND OVERVIEW: On May 1, 2007, the City Council approved the 2007/2008 SilverRock Resort Annual Plan which included $90,868 for supplemental expenses associated with the Bob Hope Chrysler Classic. These expenses were for additional labor, fertilizer, bunker sand, and seed. These items were completed as of November 1, 2007. After several site visits, the PGA's Tournament Agronomist provided golf course staff with an Agronomy Tournament Preparation Checklist (Attachment 1). This checklist contains additional expenses that were not covered in the budgeted preparations. These include such items as removing or relocating irrigation drip emitters, additional fertilizer requirements, a frost delay management program, and a rain removal program. Additionally, due to a high wind event in October, a large amount of bunker sand and trees needed to be replaced. The cost for these additional items is $80,030 (Attachment 2). Therefore, staff is requesting an appropriation for the funding of these items. A • 321 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve an appropriation of $80,030 from the General Fund to fund additional preparations for the Bob Hope Chrysler Classic as requested by the PGA; or 2. Do not approve an appropriation of $80,030 from the General Fund to fund additional preparations for the Bob Hope Chrysler Classic as requested by the PGA; or 3. Provide staff with an alternative direction. Respe tfully submitted, Edie Hylton Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Agronomy Tournament Preparation Checklist 2. Bob Hope Mid -Year Budget Adjustment 322 ATTACHMENT 1 PGA... AGRONOMY TOURNAMENT PREPARATION Bob Hope Chrysler Classic Silver Rock Golf Club, La Quinta, California January 14-20, 20o8 Report Date: November 14, 2007 To: Willie Lopez, Golf Course Superintendent From: Tom Brown Copy: Tim Finchem Henry Hughes David Pillsbury Cal Roth Donna Fiedorowicz Paul Vermeulen Mark Russell Slugger White Arvin Ginn Visit Date: November'7, 2007 Stewart Cink Brad Faxon Joe Ogilvie David Toms Tom Strong Mark Dusbabek, Advance Rules Official Steve Rintoul, Advance Rules Official Michael Milthorpe, Tournament Director Dawn Suggs, Director of Administration Advance Book Present: Willie Lopez, Silver Rock Golf Club Johnny Pott, Landmark Golf Company Randy Duncan, General Manger, Silver Rock Golf Club James Seanz, Golf Professional Steve Howlett, Director of Golf Operations, City of La Quinta Tom Brown, PGA TOUR Dear Willie, Thanks for the time you set aside for this meeting to begin preparation for the 2oo8 Bob Hope Chrysler Classic hosted in part at the Silver Rock Golf Club. Since this is a new site, it was helpful to have so many people tour the course, and offer thoughts and information which greatly benefited the entire endeavor. As we discussed, there are a few general issues that pertain to each host site. In order to assure that each round is played in reasonable time enhancing the Players' experiences, and to ensure that play is completed on schedule, we are requesting: •_„ 323 Agronomy Preparation - Page 2 of to Bob Hope Chrysler Classic Silver Rock Golf Club • Greenspeeds be maintained at to feet • The rough be mowed no taller than 2 inches and cut wall-to-wall at the end of Advance Week. Then the rough inside the ropes should be mowed again on Monday and Tuesday of Tournament Week. • You should prepare two plans for maintenance: one for days without frost and a second for days when frost is expected. The details can be found in the checklist. As for the golf course at Silver Rock, the mid -November overseeding was successful. Generally, the same grasses used at the other course for overseeding were used here. Specifically: • 18 pounds of perennial ryegrass, 10 pounds of Poa trivialis, 2 pounds of velvet bent grass per K'on greens • 800 pounds per acre on tees • 750 pounds per acre on fairways and other closely mowed areas • 500 pounds per acre in the rough Unfortunately, a malfunction in the pump station resulted in low pressure during the germination phase, which in turn "washed" or moved seed around. This has resulted in a small but noticeable amount of inconsistent coverage which will need to be corrected with additional seed and mulch. Also, the design of the green complex on #4 and #7 concentrates foot traffic. Here some extensive roping for traffic control will be needed to assure good coverage and density. I don't think that either of these issues are serious long term, and the solutions are well within your considerable set of skills. So, I see no reason at this time not to expect very nice conditions once again on your course for this event with the greens rolling at the requested to feet, fairways and other closely mowed areas mowed at 7/16 inch, and the rough mowed no taller than 2 inches. Thank you for your time and consideration during my recent visit. Most of the specifications and recommendations are contained in the checklist portion of this report. Please don't hesitate to give me a call should you have any questions about the contents or anything else that may come up between now and the tournament. I certainly look forward to working with you during Advance Week. Sincerely, Tom 324 TOURNAMENT PREPARATION CHECKLIST Architectural ShotLink and Landscape Changes i. New Site. Greens i. The target Stimpmeter reading for the beginning of Advance Week isg1/2 feet with the objective of reaching a reading of io feet during Tournament Week. To help meet these targets and produce a firm, true putting surface, the following maintenance procedures were discussed: • Height of cut - 1/8 inch with Toro i000's • Fertilization - Generally: V2 #/N per K', adjusted as needed to produce 1/4 to 1/2 basket of grass per mowing • Topdressing - Biweekly, conditions permitting, ending Advance Week • Verticutting - Not needed • Grooming - Not available • Brushing- Be prepared for hand brooming • Rolling - Side Roll style 2. At least one USGA Stimpmeter available. Note: We also recommend that you have two Moisture Sensors by Turf-Tec International and one Lang Penetrometer. (See GUIDELINES for ordering information.) 3. Avoid using tournament hole locations beginning at least two weeks prior to tournament. Note: All high and low cup plugs need to be repaired prior to Advance Week. Ball marks need to be repaired daily two weeks prior to and through Advance Week. 4. Additional Comments • It may be advisable to acquire covers for a few greens that now sit in the shade most of the day with the sun spending so much time behind the mountain. These may well also have use in reducing frost potential. • Growth Regulator: Primo is scheduled for use throughout. A word of caution: this should be suspended if the grass becomes weak from too much shade or if the greens become too fast. Approaches r. Approaches are generally cut at fairway height, not rough height. 2. Additional Comments • None. Practice Green t. A total of --5-+ 12 holes should be rotated daily on the practice green to accommodate the Players during Tournament Week. (Note: To save time during daily course setup, the practice holes can be rotated in late evening with the approval of the Rules Staff.) 2. The practice green will be mowed first in the rotations prior to play each morning and the Stimpmeter reading thereof shall match that of the competition greens. 3. Additional Comments • None. 32V Agronomy Preparation - Page 4 of 10 Bob Hope Chrysler Classic Slb er Rock Golf Club November 16 2007 Green Collars i. Avoid high rough cut immediately adjacent to collar. 2. Height of cut -1L inch. 3. Minimum width _moo inches. 4. Additional Comments + None. Tees 1. Height of cut _A/ inch. 2. Avoid tournament tee settings one month in advance of the tournament to ensure well conditioned tees Tournament Week. 3. To protect par 3 and short par 4's during Advance Week and practice rounds, tournament tees should be covered with plastic mesh. 4. Any leveling required? No 5. Additional Comments Fertilizer: 3/4 #/N applied i1-i; follow-up applications will be foliar at regular intervals at low rates. Practice Facility r. Close tournament tee and chipping areas 8 weeks in advance to ensure complete turf coverage. 2. Mow teeing area daily prior to play at same height as fairways — NOT AT TEE HEIGHT. 3. Additional Comments + Fertilizer: 3/4 #/N applied 11-1; follow-up applications will be foliar at regular intervals at low rates. Fairways r. Establish mowing height of 7A6 inch well before the event to avoid scalped areas during the tournament. 2. Be prepared to remove dew from fairways and approaches first thing in the morning. 3. Establish fairway widths and contours as requested. Any changes to be made? None 4. Fill divots with a dark colored soil mix well in advance and during the event. Straight sand must be avoided. 5. Additional Comments Fertilizer: 3/4 #/N applied a-1; follow-up applications will he foliar at regular intervals at low rates. Rou :h r. Height at start of Advance Week 11/2 inches with a goal of 2 inches for the event. Note: Be prepared to cut all rough inside ropes throughout the tournament. Rotary mowing is recommended and may be required to achieve desired height. • 326 Agronomy Preparation - Page 5 of ro Bob Hope Chrysler Classic Silver Rock Golf Club November ry, 2oo7 2. An intermediate rough around the fairways will be 6 feet in width and i inch in height and should be in place at least one month before Advance Week. 3. The intermediate rough around the green will be a feet wide. 4. Walkways from tees to fairways 6 feet wide should be established one month before Advance Week. 5. Additional Comments • Fertilizer: 3/4 #/N applied a-i; follow-up applications will be foliar at regular intervals at low rates. • The rough will be mowed wall-to-wall at the end of Advance Week, and then again inside the ropes on Monday and Tuesday of Advance Week. Irrigation 1. Gauge irrigation applications well in advance to provide firm, fast surfaces during the event. 2. *All irrigation Advance Week and Tournament Week must be coordinated with the Rules Staff. 3. Use surfactarrts to improve infiltration and uniformity, especially in landing areas and greens. The brand name to be used is Rely 4. Be prepared to hand water if needed, especially greens and landing areas. 5. Additional Comments • There are many risers in the rough intended to irrigate revegetated desert areas that have no plants. These pose two problems: (I) they are obstructions to play, and (2) they pose a considerable trip hazard to both competitors and spectators. Ideally, these should either be removed or plants should be installed. Bunkers r. Be prepared to do additional work on bunkers Advance Week if requested. 2. In preparation for the event, the sand depth in all bunkers will be checked prior to Advance Week. Where necessary, the sand depth will be adjusted to 4 to 5 inches on bunker floors and, if practical, 1 to 2 inches on faces. The addition of new sand in the bunkers should be made as soon as possible to ensure compaction and firmness. The sand depth in all bunkers will also be rechecked during Advance Week and adjusted if necessary. 3. Remove any stones, roots, or other problems in and under the sand that need to be removed or corrected. 4. The edges of the bunkers should be completely grassed or otherwise permanently outlined to enable a clear definition of limits of the hazard. 5. Establish a clean, visible edge at least 1 inch deep on the greenside face at least two weeks before the tournament. Thereafter, edge will be lightly trimmed by cutting. There should be only enough of a lip on opposite sides of these greenside bunkers and all of the fairway bunkers for definition. 327 Agronomy Preparation - Page 6 of to Bob Hope Chrysler Classic Silver Rock Golf Club NoNumber ]d 2007 6. Maintenance and on course rakes must be approved by PGA TOUR Agronomy. This will be discussed in more detail during the Agronomy visits. Brand name of rakes to be used Sabre Tooth. 7. Staff should be trained in proper rake placement. Generally, place on course rakes outside bunkers in line with play. 8. Inside and outside grass bunker faces will be mowed as directed by Agronomist at 2 inches in height. 9. Machine raked bunkers should be free of tire tracks and ridges. Raking will be done by Mechanical Bunker Rake in. If sand is too soft, mechanical compaction may be used to firm up bunkers during Advance Week. ii. Additional Comments Plans must be made to smooth erosion and disrupted areas from the waste areas daily. There are to be no rakes left in these features. On Course Traffic Restriction 1. To preserve the condition of the fairway landing areas and adjacent rough, we recommend limiting play to 15o rounds/day during Advance Week, Sunday through Thursday, and closing the course Friday, Saturday, and Sunday leading up to Tournament Week. Also restricting cart traffic to paths prior to Advance Week and/or diverting cart traffic with appropriate mobile barriers as early as possible would be very helpful. 2. Additional Comments • Recommendations: Carts should be restricted to path for two weeks prior to this event. Rain Preparation 1. Have So rubber roller based squeegees in good repair on hand. 2. Have at least —4— trash pumps available to remove water from bunkers. 3. Additional Comments • Additional squeegees may be needed to remove dew from greens and tees on mornings with frost. Trees 1. Any stakes and support wires in playing areas and spectator areas should be removed. There are several tree stakes that should be retied to trees or removed. 2. Any tree basins in playing areas should be leveled to grade. 3. Any low overhanging branches and shrubs that could interfere with spectator flow, Player walk paths, or ball flight should be trimmed. AA 328 Agronomy Preparation - Page 7 of 10 Bob Hope Chrysler Classic Silver Rock Golf Club Novemberla 2oo9 Cup Liners, Flagpoles and Flags 1. PGA TOUR approved metal cup liners and flagpoles are required. Do not use plastic liners or inserts. Cup liners should be in good condition so flag will stand straight. All new liners must be approved by Agronomist or Advance Rules Official and should be placed in use Advance Week to ensure easy removal of the flagpole. Flagpoles are to be white fiberglass and 8 feet in length, uniform in width, not greater than 3/4 inch — no taper. Flagpole and cup brand must match. When purchasing cup liners and flagpoles, please use the following important information: Metal Cup 8' White Flagpole ND PART NUMBER PHONE NUMBER PART NUMBER Co. rd ol.com EBayco #18303 800.553.1707 #26998 o olcome #252AL 8'7'7.668.4653 #3ooW-8 #TR9oo 888.893.2433 #TR9oo 2. To paint the edges of the holes during the event, sufficient Hole -in -White paint and two applicator devices must be on hand. 3. To ensure a crisp edge around the holes during the event, a PGA TOUR approved cup cutter in good condition must be on hand. 4. The cup cutter staff needs to be properly trained in PGA TOUR cup cutting procedures. Plan on providing time for a cup changing clinic during Advance Week. Since you will need to be prepared to set up the course beginning with both the #1 and #10 Tees, you will need 2 people and 2 sets of the suggested tools and supplies as follows: • Hole cutter (new blade sharpened on the inside) • Tool bucket and large towel • Depth setting ring (measure actual depth set) • Cup removal tool • Tool to knit edges of replaced plug • A piece of 3" PVC pipe that is i foot long (bevel sharp edges of the pipe) • Small bottle of water • Extra greensmix • A small foam "brush" to remove runs of paint from the cup • A pair of small, delicate scissors • "Hole -In -White" paint and applicator along with some method to shield painting process from the wind 5. Be sure that staff knows that during the actual competition, the holes can be changed only after the green is mowed. 6. Make preparations to sharpen hole cutting equipment daily. . J1 29 Agronomy Preparation - Page S of io Bob Hope Chrysler Classic Silver Rock Golf Club November ld 2007 7. There should be a minimum of 27 bright yellow flags (have one extra set on hand). Course Marking 1. To avoid confusion during the event, it is very important to discontinue the normal painting of hazards and ground under repair at least one month before Advance Week. 2. To aid course marking during Advance Week, all plant material that prevents visual line of sight between out-of-bounds stakes should be removed one week prior. Also, as directed by Advance Rules Officials, trim tall grass and remove clippings and debris between hazard stakes so marking paint will adhere to the ground. 3. IT IS IMPERATIVE THAT THE FOLLOWING MARKING SUPPLIES ARE ON HAND MONDAY OF ADVANCE WEEK. ALL HAZARDS SHOULD BE MOWED, READY FOR MARKING BY TUESDAY OF TOURNAMENT WEEK • io cases of approved red - The Agronomist will designate which brand is requested for this event. • i case of approved yellow • 2 cases of approved white • 2 case of approved natural green paint • -4- long handled paint guns • Supply stakes for marking the hazards. Plastic, color composite stakes with a spike attached, that are 2"x 2" and 2' long are recommended. If the type of stake on hand has been previously approved by a PGA TOUR Rules Official, it can be used instead. A Supply of go yellow and 125 red will be a good number to start with, however be prepared to quickly supply additional stakes if requested. • Supply stakes for marking the out-of-bounds. These should be white stakes that are 2"x 2" and 3-4' long or pre -approved by Rules Official. There should be at least go stakes on hand, in addition to the ones I asked you to install, and be prepared to quickly provide additional out-of-bounds stakes if needed. 330 Agronomy Preparation - Page 9 of in Bob Hope Chrysler Classic Silver Rock Golf Club Novembers 2oo7 Equipment TASK # OF UNITS/TYPE IN INVENTORY # OF NEEDED ITEMS Greens Mowers 6 Green Collars Mowers 2 Greens Rollers 1 1 Tee Mowers 5 Practice Tee Mower With Fairway Unit Approach Mower With Tee Unit Fairway Mower 3 2 Rough Mower 3 Fairway and Rough Blower 1 Bunker Rakes 4 Transportation 15 Auxiliary Lighting yes For the additional equipment that you will need for your event, you can contact your usual sources or John Deere, which has made a program available to supply PGA TOUR venues for supplemental equipment. If you are interested, please contact Cory Niehaus at 919.804.2732. Tentative Work Schedules Mornings lout Frost TASK AM PM Dew Removal Daily Greens Mowing Daily Green Collar Mowing Daily Greens Rolling Daily Tee Mowing Daily Fairway Mowing Daily Approach Mowing Daily Walk Path Mowing Daily Intermediate Rough Mowing Daily Primary Rough Mowing As needed Practice Tee Mowing Daily Bunker Raking Daily Divot Repair I Daily 331 Agronomy Preparation - Page to of in Bob Hope Chrysler Classic silver Rock Golf Club November 16 2007 Mornings With Frost This schedule applies when frost is expected the next day and allows for work normally scheduled for mornings to be done the evening before. For further clarification: If frost is expected on, say Friday of Tournament Week, then regardless of what has already been done on Thursday morning, the following "Frost Schedule" must be completed on Thursday evening leaving for Friday morning only hole relocation, touch up of bunkers, and dew removal which can be done on greens and tees with squeegees. TASK AM PM Dew Removal Daily Greens Mowing Daily Green Collar Mowing Daily Greens Rolling Daily Tee Mowing Daily Fairway Mowing Daily Approach Mowing Daily Walk Path Mowing Daily Intermediate Rough Mowing Daily Primary Rough Mowing Daily Practice Tee Mowing Daily Bunker Raking Touch Up Raked Divot Repair Daily Maintenance Logistics during Tournament Week: Factoring in the course routing, location of maintenance facility, and access to the course: • Morning maintenance on non -frost days should be viewed as though preparing for a shotgun start rather than tee times. • Evening work should begin on the holes that are nearest the maintenance facility: #t3, #t4, etc. ',- 332 ATTACHMENT 2� 12/12/2007 Additional Bob Hope Expenses U1=5GRIPTION Quantity Per Unit Total Equipment 1 Toro Push Mower/2nd level 1 $ 1,500.00 $ 1,500.00 Materials 1 Knock -down Dew Rope 2 $ 800.00 $ 1,600.00 2 Squeegees-36inch 10 $ 200.00 $ 2,000.00 3 Cup Cutter Sharpener 1 $ 700.00 $ 700.00 4 Trash Pickup Tools 10 $ 25.00 $ 250.00 5 Tarp (Hole 5-7) 2 $ 5,000.00 $ 10,000.00 6 Green Sand Ball Mark Divots 1 $ 2,000.00 $ 2,000.00 7 Drip Removal Parts 1 $ 2,000.00 $ 2,000.00 8 DG (Walk Path 16th Hole) 2 $ 600.00 $ 1,200.00 9 Plastic to protect turf Tees 1 $ 1,000.00 $ 1,000.00 10 Fertilizer Spray Applications 2 $ 4,000.00 $ 8,000.00 11 Turf-Tec Penetrometer 1 $ 390.00 $ 390.00 12 Turf-Tec Moisture Sensor 1 $ 390.00 $ 390.00 13 Bunker Sand 1 $ 14,000.00 $ 14,000.00 14 Replacement of Trees 20 $ 300.00 $ 15,000.00 Labor 1 Labor/Workers Comp/Emp Taxes -Drip Removal 1 $ 9,000.00 $ 7,500.00 2 Labor/Workers Comp/Emp Taxes -Bob Hope Preparation 1 $ 6,000.00 $ 7,500.00 3 Labor/Workers Comp/Emp Taxes -Bunker Sand Replacement 1 $ 5,000.00 $ 5,000.00 TOTAL $80,030.00 REMARKS Equipment 1 The PGA requirement to have a 2 cut approach to the Greens. Materials 1 Used to sweep dew off fairways in the morning. 2 Squeegees- To be able to prepare the greens for play in the event of late dew or frost. 3 Requirement of PGA to have a precision cup cutter on site. 4 We will be required for use in daily clean-up of entire golf course. 5 Needed to protect vulnerable greens from frost damage. 6 Required spec from PGA used for divot and ball mark repairs. 7 PGA has required us to bury/remove all above group drip emitters. 8 DG required for walk path for hole 16 9 PGA requirement to protect all turf tees 10 Additional Fertilizer applications required by PGA. 11 Penetrometer is to check water perculations. 12 Moisture Sensor is to check the moisture of soil on greens 13 Bunker Sand lost during wind storms. 14 (20) Trees lost during wind storms. Labor 1 Labor used to replace all visilble drip emitters. All work done on an overtime basis. 2 Extra labor used to prepare native areas for Bob Hope. All work done on an overtime basis. 3 Labor used to Replace Lost Bunker Sand. All work done on an overtime basis. 332 c7� 5 S cry or TNti�� COUNCIL/RDA MEETING DATE: December 18, 2007 ITEM TITLE: Consideration of an Ordinance Amending Sections 6.04 and 6.05 of Title 6 of the La Quinta Municipal Code Relating to the Collection, Transportation and Disposal of Solid Waste and Recyclable Materials in the City RECOMMENDATION AGENDA CATEGORY: BUSINESS SESSION: �L 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 Sections 6.04 and 6.05 of Title 6 of the La Quinta Municipal Code Relating to Collection, Transportation, and Disposal of Solid Waste and Recyclable Materials in the City. FISCAL IMPLICATIONS None. CHARTER CITY IMPLICATIONS None. BACKGROUND AND OVERVIEW On May 15, 2007 the City Council approved an agreement with Burrtec Waste and Recycling Services, LLC for Solid Waste handling services for the period July 1, 2007 through June 30, 2016. Based on this new agreement, it is necessary to update the Municipal Code to make it consistent with the new agreement. This update will amend the current ordinance related the collection and disposal of solid waste and recyclable materials in order to maintain uniformity between local regulations, State laws governing solid waste disposal and recycling and the agreement with Burrtec Waste. Additionally, the City Attorney has recommended making these changes to the Municipal Code to ensure compliance with Proposition 218. e.', 3311 The City Attorney has reviewed the proposed ordinance. 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 Sections 6.04 and 6.05 of Title 6 of the La Quinta Municipal Code Relating to Collection, Transportation, and Disposal of Solid Waste and Recyclable Materials in the City; or 2. Do not move to take up Ordinance No 3. Provide staff with alternative direction. Respectfully submitted, /)) Bret M. Plumlee Assistant City Manager — Management Services Approved for submission by: (dam Thomas P. Genovese, City Manager a., 335' ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTERS 6.04 and 6.05 OF TITLE 6, OF THE LA QUINTA MUNICIPAL CODE RELATED TO THE COLLECTION, TRANSPORTATION AND DISPOSAL OF SOLID WASTE AND RECYCLABLE MATERIALS IN THE CITY WHEREAS, the City Council of the City of La Quinta is committed to protecting the public health, safety, and welfare of the community, and to meet these goals it is necessary for the City Council to adopt measures, from time to time, to meet threats to the public health, safety, and welfare; and WHEREAS, the City Council has granted an exclusive franchise for solid waste handling services within City (the "Agreement") to a solid waste enterprise (the "Contractor"), and finds the uniform collection and disposal of solid waste in a manner consistent with the terms of the Agreement to be in furtherance of the public health, welfare, and efficient administration of municipal waste management; and WHEREAS, the City finds it necessary to amend its current ordinances related to the collection and disposal of solid waste and recyclable materials in order to maintain uniformity between local regulations, State laws governing solid waste disposal and recycling, and the Agreement; and WHEREAS, the City desires to enable residential and commercial property owners to "self haul" waste generated on said properties in lieu of contracting for solid waste handling services with Contractor; and WHEREAS, in order to protect the public health, safety and efficient administration of municipal waste hauling, it is necessary for the City to oversee and regulate the frequency and quality of self hauling activities within the City's jurisdiction; NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. RE -TITLING OF AND AMENDMENT TO MUNICIPAL CODE TITLE 6, CHAPTER 6.04: Chapter 6.04 of Title 6 of the La Quinta Municipal Code is hereby re -titled to read "Solid Waste Collection and Disposal" and is hereby amended in its entirety to read as set forth on the attached Exhibit A. ° 336 Ordinance No. Section 6.04, 6.05, Title 6 Adopted: 12118/2007 Page 2 SECTION 2. RE -TITLING OF AND AMENDMENT TO MUNICIPAL CODE TITLE 6, CHAPTER 6.05: Chapter 6.05 of Title 6 of the La Quinta Municipal Code is hereby re -titled to read "Reserved" and is hereby amended in its entirety such that its entire content is deleted from the Municipal Code. SECTION 3. PUBLIC WELFARE: Based on the recitals in this Ordinance and the information in the staff report, the City finds and determines that this Ordinance will not create conditions that are materially detrimental to the public health, safety or general welfare, and rather, the adoption of this Ordinance will contribute to the general health, safety and welfare of the community. SECTION 4. SEVERABILITY: If any section, subsection, subdivision, paragraph, sentence, clause or phrase, or portion of this Ordinance is, for any reason, held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council herby declares that it would have adopted this Ordinance and each section, subsection, subdivision, paragraph sentence, clause or phrase of this Ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or effective. To this end the provisions of this Ordinance are declared to be severable. SECTION 5. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after adoption. SECTION 6. POSTING: The City Clerk shall cause this Ordinance to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the BOOK of ORDINANCES of the City of La Quinta. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 18th day of December, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: A(: 337 Ordinance No. Section 6.04, 6.05, Title 6 Adopted: 12/18/2007 Page 3 ATTEST: VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California DON ADOLPH, Mayor City of La Quinta, California ®; 338 EXHIBIT A 06.04.010 Definitions. The words and phrases contained in this Chapter shall have the meaning commonly associated with them unless special meaning is ascribed to them by the California Public Resources Code or the California Code of Regulations (as either may be amended from time to time) in which case such meaning shall apply; except that the following words shall, for the purpose of this Chapter, be defined as follows: (a) "AB 939" shall mean that State legislation commonly known as the California Integrated Waste Management Act (Stats. 1989, Chapter 1095, as amended) as codified in Public Resources Code section 49000, et seq. (b) 'Bins" shall mean a metal container, commonly referred to as dumpsters, including compactors and any similar such devices, with a capacity of under ten (10) cubic yards. (c) "Cart" means a plastic container provided by a Franchisee for Collection, with a hinged lid and wheels serviced by an automated or semi -automated process, as opposed to a manual process of lifting and dumping. (d) "City" means the City of La Quinta. (e) "City Manager" means the City Manager of the City or his duly -authorized representative or designee. (f) "Collect" or "Collection" or "Collecting" shall mean to take physical possession of, transport, and remove solid waste from a premises. (g) "Commercial Premises" means premises upon which business activity is conducted, including but not limited to retail sales, services, wholesale operations, manufacturing and industrial operations, but excluding residential premises upon which business activities are conducted when such activities are permitted under applicable zoning regulations and are not the primary use of the property. Notwithstanding any provision to the contrary herein, for purposes of this Chapter, premises upon which hotels and motels are operated, and premises upon which four or more dwelling units exist, shall be deemed to be Commercial Premises. (h) "Container" means any and all types of solid waste receptacles, including Carts, Bins, rolloff boxes and receptacles, provided to customers or utilized by Self Haulers. (i) "Food Preparation Establishments" means any restaurant, and any other business, that sells, serves, distributes or manufactures food products such that it generates food -based solid waste in excess of two (2) cubic yards per week. 0) "Franchisee" means a person, persons, firm or corporation that has been issued a franchise by City to provide solid waste handling services within the City. 384/015610-0089 ® 339 829255 03 a]2/12/07 (k) "Hazardous Waste" means all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the State of California in Health and Safety Code sections 25110.02, 25115 and 25117, or in the future amendments to or re -codifications of such statutes, or identified and listed as hazardous waste by the US Environmental Protection Agency (EPA) pursuant to the Federal Resource Conservation and Recovery Act (42 U.S.C. §6901, et seq.), all future amendments thereto, and all rules and regulations promulgated thereunder. (1) "Multi -Family Dwelling" means either (i) any building or lot containing four (4) or more dwelling units; or (ii) any building or lot containing two (2) or more dwelling units which Franchisee determines (and City agrees).must receive solid waste handling services through the use of shared Bins, since they are not reasonably able to receive individualized solid waste handling services through the use of Carts or customer -provided Containers. Any ambiguity as to whether a customer's premises qualifies as a single-family dwelling or Multi -Family Dwelling shall be resolved by the City Manager whose decision shall be final. (m) "Premises" shall mean any land, building and/or structure within the City limits where solid waste is generated or accumulated. (n) "Person" means any individual, firm, corporation, association, group or other entity. (o) "Recycle" or "Recycling" means the process of Collecting, sorting, cleaning, treating and reconstituting materials that would otherwise become solid waste and returning these materials to the economic mainstream in the form of raw materials for new, reused or reconstituted products which meet the quality standards used in the marketplace. (p) "Recyclable Material" means that solid waste capable of being recycled, including but not limited to glass, newsprint, newspaper, aluminum, cardboard, certain plastics or metal. (q) "Residential Premises" shall mean all Premises upon which Dwelling Units exist. Notwithstanding any provision to the contrary herein, for purposes of this Chapter, Premises upon which hotels and motels are operated, and Premises upon which four (4) or more Dwelling Units exist, shall be deemed to be Commercial Premises. (r) "Rolloff Box" means Containers of ten (10) cubic yards or larger, including compactors. (s) "Self Hauler" means any Person or entity that, pursuant to Section 10.04.090 of this Chapter, provides for the Collection, transportation and disposal of solid waste generated by his/her/its own Premises. (t) "Solid Waste" shall mean and include all discarded putrescible and non-putrescible solid, semisolid and liquid wastes, including garbage, trash, refuse, rubbish, construction waste, industrial waste, commercial Solid Waste, and any other discarded solid, semisolid and liquid waste permitted to be disposed of at a Class III landfill and which are included within the definition of "Nonhazardous Solid Waste" set forth in the California Code of Regulations, as it may be amended from time to time. Solid Waste does not include Hazardous Waste (Class I), low-level radioactive waste, untreated medical waste, or Special Wastes as defined herein. d.. 340 384/015610-0089 829255 03 a12/12/07 -2- (u) "Special Wastes" shall mean wastes other than Solid Waste, including sewage, sludge, industrial sludge, asbestos, auto bodies, tires, used motor oil, Hazardous Waste, animal body parts, explosive substances, radioactive materials, acids, solvents and other materials which may not be disposed of at a Class III landfill or which require special handling. (w) "Yard Waste" means all leaves, grass cuttings and shrubs that accompany routine household or property maintenance functions. 6.04.020 Authority to Grant Franchises. The City Council may by resolution or ordinance grant one or more franchises for solid waste handling services related to Solid Waste generated within the City. 6.04.030 Subscription to Collection Service or Self-Hauline. (a) Arrangements for Removal of Solid Waste Mandatory. Except as otherwise provided in this Chapter, the owner, property manager, tenant and/or Person in charge or control of each Residential Premises and each Commercial Premises in the City shall either (i) subscribe to solid waste handling services with a Franchisee for said Premises; or (ii) obtain and maintain registration as a self -hauler as set forth in this Chapter in connection with said Premises. (b) Exception; Vacant Premises. The above requirement to provide for solid waste handling services shall not apply in connection with any Residential Premises at which all dwelling units are vacant, or Commercial Premises that are vacant, for a period of one hundred twenty (120) days or more, provided this exception shall only apply during the period of vacancy. Any Person seeking to avail himself/herself of the exception provided herein shall bear the burden of providing reasonable evidence to City, pursuant to such regulations or guidelines as the City Manager is hereby authorized to develop, demonstrating the Premises was vacant for the period in question. 06.04.040 Public Nuisance. (a) It is unlawful, and a public nuisance, for any Person to occupy or inhabit any property within the City for which arrangements have not been made and kept in full force and effect for solid waste handling services in a manner consistent with the provisions hereof. (b) The keeping of Solid Waste in Containers other than those prescribed by this Chapter, or the keeping upon Premises of Solid Waste which is offensive, obnoxious or unsanitary, is unlawful, constitutes a public nuisance, and may be abated in the manner now or hereafter provided by law for the abatement of nuisances. 06.04.050 Containers. (a) Every owner, occupant or Person in possession, charge or control of any Premises within the City shall deposit or cause to be deposited all Solid Waste generated or accumulated on such Premises, and intended for Collection and disposal, in sealed, watertight Bins, Carts, Rolloff . Boxes or other Containers that are either (i) provided by, or acceptable to, a Franchisee; or (ii) approved by the City Manager for self -hauling purposes pursuant to this Chapter. No owner, occupant or Person in possession, charge or control of any Premises shall utilize a Bin, Cart, •_; 34i 384/015610-0089 829255 03 a12/12/07 -3- Rolloff Box or other Container not in conformance with the requirements hereof for the Collection, accumulation or storage of Solid Waste. (b) No Bin, Cart, Rolloff Box or other Container shall be placed adjacent to or in a street or public right-of-way for Collection service more than twenty-four (24) hours prior to the normal Collection time, and all Containers so placed shall be removed from the street or right-of-way within twelve (12) hours after Collection. (c) Container lids shall remain closed at all times that the Container is unattended. If the Solid Waste contained within a Bin, Cart, Rolloff Box or other Container exceeds the actual capacity of the Container, then a larger Container or multiple Containers must be utilized. Any Solid Waste that does not reasonably fit within a Container (such as furniture or other large bulky items) must be covered and protected, as by a tarp, netting or other secured material, in order to prevent the scattering of debris by natural forces such as wind or animals. The owner, tenant, occupant and/or Person or entity in control of a Premises shall be responsible for the clean-up of any Solid Waste spilled, dumped or scattered as a result of a Container overflow. (d) It is unlawful for any Person to share, place Solid Waste in, or to otherwise use the Bin, Cart, Rolloff Box or other Container of another Person or business. Notwithstanding anything contained herein to the contrary, the sharing of Containers shall be permitted under the following conditions: (1) The owner, property manager or Person in charge or control of a Premises upon which a Multi -Family Dwelling exists may arrange for Bins, Carts, Rolloff Boxes or other Containers for shared use by the occupants, tenants or Persons in possession of the dwelling units on such Premises. (2) The occupants of a single commercial building or contiguous and adjacent commercial building may share a Bin, Cart, Rolloff Box or other Container for solid waste handling services at a common location, subject to approval of the City Manager, which may be delegated to a Franchisee. Approval by the City Manager shall be based upon (i) the type of Solid Waste generated by each Commercial Premises; and (ii) the number of Containers and frequency of Solid Waste Collection needed to protect the public health, welfare and safety. (e) Bins and Rolloff Boxes shall not be located at Single -Family Dwellings or dwelling units within the RVL, RL and RC zones except for the following purposes: (1) Home improvement and/or temporary cleanup of a vacant lot or dwelling provided that all applicable permits and licenses have been obtained; or (2) Holding special events including, but not limited to, sponsored and permitted cleanup campaigns. Placement of such Containers for the event shall be limited to forty- eight (48) hours prior to the event and forty-eight (48) hours following the event. (f) It is unlawful to use any Bin, Cart, Rolloff Box or other Container furnished by a Franchisee for any purpose other than the Collection, accumulation and storage of Solid Waste; or to convert or alter such Containers for other uses; or to intentionally damage such Containers. 384/015610-0089 -4- a 3 4 7 829255 03 at2/12/07 (g) All Carts as well as Containers provided by residents for Collection by a Franchisee shall be stored out of public view in a side or rear yard or an enclosed garage except on Collection day. If the physical design of the dwelling does not allow for obscuring Containers from public view because of the type of fencing or lack thereof, Containers shall be stored in an area adjacent to the dwelling at the point furthest from the closest street or roadway or in an enclosure adjacent to the dwelling designed to conform with the exterior design of the dwelling. (h) A trash bin enclosure shall be provided to obscure any Bin used for Solid Waste Collection from public view. Such enclosure shall meet the construction, location and access requirements established by City's community development department. Upon receipt of notification from City to provide an enclosure, the owner of any property so notified shall have six (6) months to complete construction of the enclosure. A six (6) month extension to complete construction of an enclosure may be granted by the director of community development and/or the City Council based on individual need, but in no event shall completion of construction of a bin enclosure exceed one (1) year from the date of receipt of notification to provide an enclosure. (i) No Commercial Premises nor any Premises upon which a Multi -Family Dwelling is located shall be granted a certificate of occupancy unless and until a bin enclosure meeting the specifications of the community development department has been constructed. 06.04.060 Frequency of Collection. (a) Residential Premises. With the exception of vacant Premises meeting the provisions of Section 06.040.030(b) above, not less than once per week, every owner, occupant or Person in possession, charge or control of any Residential Premises within the City shall remove by self - hauling (as provided herein) or cause to be removed by subscription to services provided by a Franchisee all Solid Waste stored, generated, Collected or accumulated on such Premises. (b) Commercial Premises. (1) General. With the exception of vacant Premises meeting the provisions of Section 06.040.030(b) above, not less than once per week, every owner, occupant or Person in possession, charge or control of any Commercial Premises within the City shall remove by self -hauling (as provided herein), or cause to be removed by subscription to services provided by a Franchisee, all Solid Waste stored, generated, collected or accumulated on such Premises. (2) Food Preparation Establishments. Commercial Premises upon which Food Preparation Establishments exist shall remove by self -hauling (as provided herein), or cause to be removed by subscription to services provided by a Franchisee, all Solid Waste generated, stored, collected or accumulated thereon not less than twice per week. A Food Preparation Establishment may obtain an exemption from the minimum bi- weekly Collection requirement if the City Manager determines that based on unique factors at such business, a lesser frequency of Solid Waste Collection will not result in an unreasonable detriment to the public health, safety and sanitary needs. (e) Modifications to Collection Frequency. The City Manager may provide written notice to the owner of any Premises that the above minimum removal requirements are not sufficient to avoid the creation of a public nuisance due to unique circumstances at such Premises. City may 3841015610-0089 • 3 � 3 829255 03 a]2/12/07 -5- direct that Solid Waste shall be removed by the owner of any Premises so notified on a more frequent schedule (as determined by City) and/or that additional or larger Containers shall be utilized (as determined by City). 06.04.070 Unlawful and Prohibited Acts. (a) It is be unlawful for any Person other than a Franchisee (or its agents and employees) to Collect any discarded Solid Waste including Recyclable Material, or otherwise provide solid waste handling services within the City. This prohibition shall not, however, apply to: (1) registered Self -Haulers as defined in this Chapter; (2) the owner, tenant or occupant of Residential or Commercial Premises who has subscribed for and is receiving solid waste handling services with a Franchisee, when such owner, tenant or occupant is hauling materials generated at his/her own Premises to a lawful disposal or recycling facility. This exemption does not permit the hiring of any Person or entity, other than a Franchisee, to haul Solid Waste from one's own Premises; (3) the Collection, transportation and disposal of construction and demolition debris by a contractor, handyman, repairman or other similar service provider as an incidental part of the services provided to its customers rather than as a hauling service, provided that such Solid Waste is not Collected or transported by a third party hired for the primary purpose of Collecting and transporting said materials, and further provided that such services comply with any ordinances, policies and regulations of City relating to the Collection of such materials (i.e., the City's C&D Ordinance); (4) the Collection, transportation and disposal of Yard Waste, green waste and related Solid Waste by a gardener or landscaper as an incidental part of the gardening or landscaping services provided to its customers, rather than as a hauling service, provided that such Solid Waste is not Collected or transported by a third party hired for the primary purpose of Collecting and transporting said materials (5) any Person or entity Collecting Recyclable Material sold or donated to it by the Person or entity that generated such Recyclable Material (the "generator") provided, however, to the extent permitted by law, if the generator is required to pay monetary or non -monetary consideration for the Collection, transportation, transfer or processing of Recyclable Material, the fact that the generator receives a reduction or discount in price therefor (or in other terms of the consideration the generator is required to pay) shall not be considered a sale or donation. (b) It is unlawful for any Person, other than the owner, occupant or Person in possession, charge or control of any Residential or Commercial Premises, or a Person authorized by law (such as a Franchisee), to remove any Bin, Cart, Rolloff Box or other Container from any such Premises or from any location where it was lawfully placed for Collection, without the prior written approval of the owner, occupant or Person in possession, charge or control of such Premises. 384/015610-0089 44 829255 03 a]2/12/07 -6- (c) No Person shall place Solid Waste adjacent to a street or public right-of-way for Collection by a Franchisee without having first subscribed for solid waste handling services with such Franchisee. (d) It is unlawful for any Person to place or deposit institutional, commercial or industrial Solid Waste in any Container placed upon the public street by public authority, and meant primarily for the disposal of Solid Waste by pedestrians using the sidewalk. (e) No Person shall burn any Solid Waste within the City, except in an approved incinerator or other device for which a permit has been issued by the building official and fire marshal, and which complies with all applicable local, state and/or federal permit requirements, laws, rules and regulations. (f) It is unlawful for any Person, other than a Franchisee, to take, remove or appropriate for his/her own use any Solid Waste, including Recyclable Materials, which has been placed in any street or alley for Collection or removal by a Franchisee, regardless of whether the Solid Waste is placed in a Bin, Cart, Rolloff Box or other Container. 06.04.080 Use of Containers for Solid Waste Generated During Construction and Demolition. Any Person who generates Solid Waste in connection with the construction of a new building, a building addition, remodel, or the demolition of any structure for which a building permit is required, shall either make arrangements for solid waste handling service with the use of Containers from a Franchisee, be registered to Self Haul such Solid Waste in the manner set forth herein, or make arrangements pursuant to Section 06.04.070(3). In addition to constituting a violation of this Chapter, failure to produce evidence of compliance with this Section upon the request of a City building inspector, code enforcement officer or other City officer shall result in the red -tagging of the project by the City and a requirement that all work cease until compliance with this Section. 06.04.090 Self Haulers. (a) Self Haulers registered and operating in accordance with this Chapter are only permitted to Collect, transport and dispose of Solid Waste generated by and upon the Self Hauler's own Premises. Under no circumstances may a Self Hauler Collect, transport or dispose of Solid Wastes generated upon Premises that are not owned, operated or controlled by the Self Hauler. Notwithstanding any other provision of this Chapter, registered Self Haulers shall not be permitted to share, place Solid Waste in, or to otherwise use the Bin, Cart, Rolloff Box, or other Container of another Person or business. (b) Registration. All Self Haulers shall subscribe to the following registration requirements: (1) Each Self Hauler shall obtain registration from the City Manager. Self Haulers must renew their registrations the commencement of each fiscal year. Initial applications following the adoption of these regulations, for the 2007-2008 fiscal year, must be submitted to the City Manager on or before March 1, 2008. 384/015610-0089 A_' 1745 829255 03 a12/12/07 -7- (2) The application to register for self -hauling, whether upon initial application or renewal, shall include the following: (i) a list of all Bins, Carts, Rolloff Boxes and other Containers to be used by the Self Hauler; (ii) a list of all transport and disposal equipment to be used by the Self Hauler; (iii) a written explanation of where all Solid Waste will be delivered for disposal and diversion; (v) a written plan explaining to the reasonable satisfaction of the City Manager how not less than fifty percent (50%) of Solid Waste Collected will be diverted from disposal in compliance with AB 939; and (vi) any other information deemed necessary by the City Manager to ensure protection of public health, safety and sanitary needs. (3) Renewal applications shall additionally include: (i) receipts from self -hauling activities undertaken in the prior year demonstrating that the applicant has effectively diverted at least fifty percent (50%) of all Solid Waste generated at its Premises from landfills in a manner that complies with the requirements of AB 939; and (ii) receipts from self -hauling activities undertaken in the prior year demonstrating that the applicant has delivered Solid Waste generated at its Premises to appropriate disposal or recycling facilities at least as frequently as Collection is required for such Self Hauler by the City Manager. (4) The City Manager shall approve the application if it meets the requirements of this Section, and if the equipment, Containers, diversion plan and disposal plan meet with his reasonable satisfaction, and if evidence of past diversion and disposal requirements demonstrate the applicant has complied with the fifty -percent (50%) diversion requirement and otherwise complied with all laws related to disposal of Solid Waste. (c) Containers. Each Self Hauler shall provided its own Bins, Carts, Rolloff Boxes or other Containers. Bins, Carts, Rolloff Boxes or other Containers utilized by a Self Hauler must conform to industry standards for solid waste disposal and must be approved by the City Manager in writing prior to issuance of a self -hauler registration. In addition, any Containers utilized by a Self Hauler shall comply with the following requirements: (1) All Containers shall be maintained in good repair, and any question as to the meaning of this standard shall be resolved by the City Manager. (2) All Containers shall be maintained in a sealed, watertight condition; (3) Self Haulers shall remove any graffiti that appears on Containers within twenty- four (24) hours after becoming aware of it. (d) Collection and Transport Equipment. Collection and transport equipment, including but not limited to transport trucks and vehicles, utilized by a Self Hauler must be approved by the City Manager in writing prior to issuance of a self -hauler registration. (e) Non -Commercial Venture. It is the intent of this Chapter to prevent and proscribe self - hauling activities undertaken as a commercial enterprise. Self Haulers must obtain all equipment, including Containers and Collection and transportation equipment, at a fair market value that does not include any hauling services, "free" or otherwise. A Self Hauler may utilize its own employees to undertake self -hauling activities, but under no circumstance may a Self 34fr 384/015610-0089 829255 03 aI2/12/07 -8- Hauler utilize an independent contractor or any other Person or entity for waste disposal services other than a Franchisee. (f) Other Recycling Obligations. Self Haulers shall Recycle all Recyclable Materials not otherwise addressed by this Section to a degree and in a manner consistent with standards generally applicable to the solid waste disposal industry and as required by State law. (g) Collection Frequency. Unless otherwise specifically provided in this Chapter, Self Haulers shall remove Solid Wastes from their Premises at least once per week. However, upon application to the City for a self -hauler permit, the City Manager may determine a different frequency for Solid Waste Collection, transport and disposal from the Self Hauler's Premises. This determination shall be based upon the nature of the Premises, the type of Solid Waste generated by the Premises, and the Collection capacity of the Self Hauler as demonstrated by information in the application. (h) Hazardous and Special Wastes. Unless lawfully and currently licensed under state, federal and local laws, no Self Hauler shall engage in the Collection, transport or disposal of Hazardous Waste or Special Wastes. (i) Revocation. The City Manager may revoke a self -hauler permit if the permittee either (i) fails to divert at least fifty percent (50%) of all Solid Waste generated at its Premises from landfills in a manner that complies with the requirements of AB 939; or (ii) fails to deliver Solid Waste generated at its Premises to appropriate disposal or recycling facilities at least as frequently as Collection is required for such Self Hauler by the City Manager. 06.04.100 Violations. Any violation of this Chapter is punishable as a misdemeanor. 0 347 384/015610-0089 829255 03 a12/12/07 -9- / T Gl `N OF Tom' COUNCIL/RDA MEETING DATE: December 18, 2007 ITEM TITLE: Consideration of and Direction Regarding SilverRock Ad -Hoc Committee RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Other than the incidental cost of staff time associated with the meetings, there is no fiscal impact associated with the Committee. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council, at its October 17, 2006 meeting, created the SilverRock Resort Ad - Hoc Committee, and assigned Mayor Adolph and Council Member Osborne to serve on the Committee. Discussions included operations, Phase II activities, and private development activities. This Committee had a sunset date of December 31, 2006. On February 6, 2007, the Council voted to establish the current Ad -Hoc Committee, and assigned Mayor Adolph and Council Member Osborne to serve on the Committee. Discussions include operations, maintenance and repairs, Hope Classic preparations, and private development activities. This Committee is scheduled to sunset on December 31, 2007. Because this is an Ad -Hoc Committee, the Council must disband the current committee in order to comply with the Brown Act. Allowing the Committee to continue to exist s' 348 with the same or very similar scope of activities would convert the committee to a "standing committee." If the Council chooses to establish a new SilverRock Ad -Hoc Committee, then it must also establish a new scope of discussion items at the meetings. Currently, the focus is on golf course operations, maintenance, financials, and marketing; status of infrastructure, road, clubhouse, and second golf course design; preparations for the Bob Hope Classic; and the future boutique hotel. If the Council elects to have a committee and have it continue discussing the same items, then the committee would likely be considered a standing committee, which requires the meetings to be open to the public, including a published agenda and meeting minutes. Staff and the City Attorney are available to discuss this item. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Allow the current SilverRock Resort Ad -Hoc Committee to sunset, form a new SilverRock Resort Ad -Hoc Committee with a different set of discussion items, and appoint the members of that committee; or 2. Allow the current SilverRock Resort Committee to continue, but convert it to a standing committee which complies with the requirements of the Brown Act; or 3. Allow the current SilverRock Resort Ad -Hoc Committee to sunset and take no further action; or 4. Provide staff with alternative direction. Respectfully submitted, r � , Douglas R. vans, Assistant City Manager — Development Services Approved for submission by: Thomas P. Genovese, City Manager FN OF T COUNCIL/RDA MEETING DATE: December 18, 2007 ITEM TITLE: Consideration and Direction Regarding a Planning Areas 1 and 2 Ad Hoc Committee RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: 10rom BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The City Council, at its September 5, 2006 meeting, created the Sphere of Influence (SOI) Sub -committee, and appointed Council Members Osborne and Kirk to serve on said Sub -committee. The primary function of the SOI Sub -committee was to work with staff on the Vista Santa Rosa SOI work program and to attend the Riverside County Vista Santa Rosa Task Force meetings. The SOI Sub -committee was to have completed its efforts by December 31, 2006; however, the Sub -committee has continued to meet into 2007 with most of the focus upon the fiscal analysis of the SOI. Because this is a Sub -committee, versus an Ad -Hoc Committee, the Council must disband the current Committee in order to comply with the Brown Act provisions. Additionally, if the Council chooses to establish a new Ad -Hoc Committee, it will become a standing committee, which requires the meetings to be open to the public, including a published agenda and meeting minutes. Staff and the City Attorney are available to discuss this item. 350 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Disband the current City Council SOI Sub -Committee and re-establish a new Planning Area 1 and 2 Ad -Hoc Committee; or 2. Disband the current City Council SOI Sub -Committee and not establish a new Committee; or 3. Provide staff with alternative direction. on, Planning Director Approved for submission by: 'Thomas P. Genovese, City Manager . 3ui C&IP^F1aR COUNCIURDA MEETING DATE: December 18, 2007 ITEM TITLE: Discussion of Green and Sustainable La Quinta Program RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: 1 PUBLIC HEARING: Provide Staff with further direction as deemed appropriate. FISCAL IMPLICATIONS: At the July 3, 2007 City Council meeting, discussion was held regarding developing a City "Green Building Program." The City Council has approved a budget of $40,000 for consulting services and other needs in Fiscal Year 2007/2008 to develop a City energy program. In addition, $6,400 has been budgeted for attendance by the Planning Department at National, State and regional conferences. The City has entered into a Cooperative Water Management Program with Coachella Valley Water District (CVWD) and appropriated $50,000. Additionally, $5,000 has been contributed to the CVWD/City Weather Based Irrigation Controller Program for a total of $10,000. Staff anticipates additional funding will be required for implementation of an overall Green and Sustainable La Quinta Program. Program costs may include energy audit upgrades for existing facilities and buildings, irrigation and landscape modifications to City maintained properties, City fleet vehicles, City maintenance equipment, RDA housing program and SilverRock Resort golf course and clubhouse. The City has undertaken an aggressive green building program featuring four new or expanded building projects. The City Redevelopment Agency is participating in three leadership in Energy and Environmental Design (LEED) certified new projects. Additionally, the City Hall expansion has incorporated several green building principals. .0 1 352 The projects and related funds budgeted are as follows: • Vista Dunes Courtyard Homes (80 affordable units) • Wolff Waters Place (218 affordable units) • Silver Rock Resort Clubhouse • City Hall Expansion (Design Only) CHARTER CITY IMPLICATIONS: None at this time. BACKGROUND AND OVERVIEW: $2,638,547 $1,300,000 $ 162,100 $ 261,100 The City Council has directed staff to initiate the development of a comprehensive program for increasing the City's conservation of resources and to reduce environmental impacts of existing and future conditions. This program will allow the City Council to review, evaluate and consider a wide range of programs which will address energy, water, air quality, solid waste, land use, and transportation. The focus of this report is to create a series of policy discussions and eventually the adoption of specific programs which the City and community members can embrace and implement. Local, state, federal and businesses at all levels are in the process of evaluating how we conduct our lives, business operations and how to reduce environmental effects. City staff has reviewed a number of city, state and federal programs in preparing this report. It is apparent that a wide range of programs have been established with varying degrees of success. Many communities have focused primarily on new development. City staff believes a successful program should address existing development conditions. In doing so, the City should carefully consider a balance between a desire to make immediate regulatory change and economic feasibility. In some cases, technology may be currently available but it may not be cost effective to implement. Additionally, pushing use of technology that is not proven and efficient could result in pre -mature investment and a net long term loss of environmental benefits. The goal of this program is to encourage and in some cases consider mandating a long term change in the City's environmental foot print. To be successful, the City will need to undertake demonstration projects to show its leadership. In essence, the program must gain wide ranging support of citizens and businesses to ensure the City is sustainable for years to come. Commercial and residential development should be evaluated as to its relative energy efficiency when it was built. Simply stated, the City's existing development can be categorized in three types of construction relative to energy efficiency. The three general categories are pre -Title 24 energy codes, staff estimates there are approximately 3,000 pre -Title 24 residential units within the City. The balance, or approximately 19,000 units were built in compliance with Title 24 in effect at the time;, a 35.3 Gi of construction. New Title 24 codes will be in place in 2008. New Title 24 requirements will require all buildings be approximately 22% more energy efficient than currently required. Based upon the existing housing inventory the City Council may want to focus retrofit programs on pre -Title 24 buildings. This report focuses on existing City and Redevelopment Agency programs and accomplishments as a benchmark upon which programs can be expanded and new programs developed. In reviewing the report, it will be apparent that there are some potential programs that are not addressed. This subject changes almost on a daily basis. The City should undertake continuing and expanded investigations and programs to relieve congestion, reduce air and water pollution, increase energy efficiency, improve how we use water, reduce solid waste and develop a transit infrastructure suitable to our local market and the nature of development in La Quinta. In developing a better La Quinta, the City and its citizens will need to create a strong working relationship with utilities and service providers. In essence, the City cannot be successful without a sound relationship with Coachella Valley Water District (CVWD), Imperial Irrigation District (IID), Southern California Gas (So. Cal. Gas), Burrtec Waste and Recycling Services (Burrtec), Sunline Transit District, Coachella Valley Association of Governments (CVAG), Southern California Association of Governments (SCAG) and other entities. Additionally, many of the areas of concern, such as air quality and regional transportation, cannot be addressed without strong regional, state and federal programs. The entire subject of energy efficiency, alternative fuels and local/on-site power generation requires further study and program development. These programs constitute a broad national and state-wide topic gathering increasing attention which will require a comprehensive national and state energy strategy. City staff will continue to monitor national and state legislative efforts and provide updates to the City Council. CITY ORGANIZATION PROGRAM The attached Organization Chart (Attachment 1) shows the management structure of this program. Program Management will be assigned to the City Manager's Office and each City Department will assign a key staff member to manage its work program and assist in program development. Staff recommendations are: 1) endorse Green and Sustainable La Quinta as a vital and necessary civic goal; 2) commit the resources necessary to explore each of the key areas of interest; 3) assess our current capabilities and policy status; 4) develop new policies, guidelines and codes/regulations; 5) create implementation programs that • P 354 3 ensure sustainable action; and 6) monitor and measure progress toward a Green and Sustainable La Quinta. CURRENT CITY PROGRAMS Green Building Programs More and more cities in California are beginning to implement green building programs and overall environmental programs designed to increase energy efficiency, water conservation and reduce waste. The idea being, because cities are already at the forefront of planning and managing environmental impacts stemming from urbanization, they should assume the leadership role for the environmental stewardship and sustainability of their own communities. The two most prominent green building programs are California Green Builder, sponsored by the California Building Industry Association, and LEED, which is sponsored by the U.S. Green Building Council. Both programs involve a third -party certification process, have different environmental goals, and apply to different types of development. Green Builder is a voluntary environmental building and certification program for residential construction. The program focuses on five major areas of certification: energy efficiency, water conservation, wood conservation, advanced ventilation, and construction waste diversion. Certified homes will incorporate water -efficient landscaping and fixtures, utilize high -efficiency insulation and ventilation systems, contain environmentally -sound building materials, initiate waste reduction methods during construction, and will be 15% over existing Title 24 Building Code energy efficiency standards. As previously noted, the new Title 24 requirements will require new construction to be 22% over the current standards. Green Builder has an existing partnership with Imperial Irrigation District (IID) and Burrtec Waste and Recycling Services (Burrtec) for builder and homeowner incentives. IID provides efficiency diagnostics, inspections, and a certification which lead to financial incentives; and Burrtec provides a 15%-30% discount to builders for bin removal services. At the August 7, 2007 City Council meeting, the Council declared the City's support of the California Building Industry Associations' California Green Builder Program through Resolution No. 2007-074. The Resolution declares the City's support of and commitment to the California Green Builder Program, but does not initiate or execute program implementation at this time. The LEED program is a national rating system for green buildings. Primarily focused on commercial and multi -family residential projects, LEED involves the developer registering their project with the U.S. Green Building Council, who in turn review the project for conformance and assign points based upon various efficiency, sustainability, materials quality, and design factors. Once LEED has reviewed the project, they issue a certification based upon the number of points achieved in each category. One of the ways municipal governments incorporate LEED as a green 1' 355 building program is to encourage or require certain types of buildings, or all construction over a certain square footage to achieve a particular level of LEED certification. The City is already planning to achieve voluntary LEED certification for the Vista Dunes Courtyard Homes, the Wolff Waters Place project (CVHC at Dune Palms) affordable housing project, and is exploring opportunities for other projects including the SilverRock Resort Clubhouse. In addition to these programs, staff is continuing to evaluate water and turf reduction policies. The Planning Commission has been supportive of staff drafting more stringent water/landscape policies. The Planning Commission has been discouraging the use of elaborate, passive water features and limiting the use of turf to functional and recreational areas. The Planning Commission recommendation will be presented to the City Council on January 15, 2008. CVWD adopted Ordinance 1302.1 - Landscape and Irrigation System Design Criteria on August 28, 2007 which went into effect on October 1, 2007. The new Ordinance reduces projects, reduces the amount of turf and places turf restrictions on new golf courses, and implements State of California Water Conservation in Landscaping Act. Vista Dunes Courtyard Homes The La Quinta Redevelopment Agency (RDA) purchased the Vista Dunes Mobile Home Park in order to redevelop a dilapidated, 1950's vintage travel trailer mobile home park with permanent affordable rental housing. Located at 78-990 Miles Avenue (just west of Adams Street), the design consists of 80 courtyard -oriented, single-family and duplex homes. The development includes photovoltaic cells to generate electrical power. This feature will annually save $720 per unit per year in electric utility costs. Water saving improvements will reduce water usage by 1,900,000 gallons per year for the entire project. It is estimated that this project exceeds Title 24 by 28%. Some of the units, due to this specific design will exceed Title 24 requirements by 30% or more. LEED Certification includes features that embrace green building practices as follows: dwelling size, building orientation, thermal chimneys, shaded south and west facing walls, water efficient landscaping, tankless water heaters, heat reflective roofing materials, low "E" windows, solar energy generation, and high efficiency fixtures and appliances. Additionally, installing water and energy saving fixtures and equipment, expanded materials, recycling programs and enhanced indoor air quality by substituting formaldehyde emitting cabinets with formaldehyde free cabinets enabled the development to be considered for a Platinum Standard LEED certification. In addition to reducing energy consumption and water usage, improving environmental compatibility, and decreasing operations costs, Vista Dunes Courtyard Homes has the potential to be the highest ranking LEED certified multi -family affordable housing development in the country. 356 b'1 Staff is keeping a photographic history of the project and will be producing a video for instructional purposes. Further, tenants will be educated on energy efficiencies through written materials, a DVD and the project operator CORE Housing Management. Wolff Waters Place Housing Project The RDA purchased a 14.8-acre site for the purpose of facilitating the construction of an affordable multi -family residential project. Subsequently, the RDA has entered into an Affordable Housing Agreement with Coachella Valley Housing Coalition (CVHC) to develop a 218 unit project on this site. This development will exceed current Title 24 requirements by 24% and will save approximately 2,000,000 gallons of water from interior water use only. Compliance with the new CVWD Ordinance will reduce exterior water use. The project will be LEED certified and will include features that embrace green building practices as follows: Solar hot water for laundry building, transit friendly location including bus stop and shopping within walking distance, low water use landscape and irrigation, dual flush toilets, low flow water fixtures, energy efficient lights, energy star appliances, recycled building materials, low Volatile Organic Compounds paints, reduced construction waste stream, advanced indoor air handling systems, underground parking, high efficiency air conditioning units, and a tenant training program. This project will likely achieve a Silver Standard LEED certification. SilverRock Clubhouse The SilverRock Resort Clubhouse is currently being designed as a LEED certified green building. The building design will feature shaded south facing windows, water efficient landscaping and irrigation, flat roofs for solar collector (future application), heat reflecting roofing materials and high efficiency heating and air conditioning units. Since the project is currently being designed, the final green building components have not been determined. In summary, the City and Redevelopment Agency have undertaken an aggressive series of green building programs which will be used to demonstrate the opportunities available to reduce the overall environmental impact of new developments. The new Title 24 energy efficiency requirements will significantly increase the overall energy efficiency of all new construction — even beyond California Green Builders and in some cases, exceeds LEEDS certification standards. e0 357 6 EDUCATIONAL PROGRAMS ATTENDED BY STAFF Planning Staff has attended a two-day seminar in Sacramento for the Green California Summit as well as the American Planning Association's Green Building Workshop in Riverside and Build it Green Public Agency Council (P.A.C.). Planning Department, Building and Safety Department and City Manager staff will attend a LEED program work session to gain a stronger understanding of this program. In the future, all City Departments will seek out training opportunities. COMMUNITY SERVICE DEPARTMENT • Purchase of recycled equipment for City facilities (chairs, tables, benches) for the Senior Center, Library and in the new Museum. • Purchase of recycled equipment for use in parks and the golf course including signage, fencing, trash receptacles, doggie bag dispensers and tee box information. The City is a Cool Center site for residents that do not have air conditioning in their homes and need a place to go. • The promotional materials that are handed out to residents at events are recycled including frisbees, water bottles and bamboo fabric towels • IID and CVWD are invited to participate in Community events and provide giveaways and participated in last year's Community Picnic. • Working with local sports associations to better manage and control the use of sports lighting at La Quinta Park and sports Complex. • Water use for the golf course at SilverRock is below the allocation determined by CVWD. • The golf course irrigation is managed by a central computer to provide maximum irrigation efficiency. • A fertigation system is incorporated into the irrigation system for applying precision amounts of nutrients for golf course vegetation. • The parks contractor completes daily inspections of the parks to watch for over watering and broken sprinkler heads to prevent nuisance water. The parks are managed by a central irrigation computer to provide maximum efficiency throughout the park system. • Commuter bike lanes are encouraged along with walking to increase public health and encourage alternative modes of transportation. • Continue to promote the Fred Wolff Bear Creek Nature Preserve and Cove Oasis Trail Head as a conservation and preservation area. • Green Waste is collected from both the golf and park operations by Burrtec as part of the City's recycling program. 0 359 7 • Conduct water audits on City parks with expansive turf areas and determine if some of the turf can be reduced and more drought resistant plants or decomposed granite (DG) can be used and improve irrigation systems and water application efficiency. • Learn about new innovations in golf course and park management that will continue to improve the efficiency of the City's' operations. • Consider reduction in the number of hours the entry fountain at SilverRock Resort is operating and be cognizant of the need for water movement through the pumping system. • Examine the feasibility of an off -road dual purpose trail along the Whitewater River Channel for biking and walking for health and fitness as well as a means of transportation (school and commercial corridor access). • Encourage approval of an over seeding ordinance approved by CVAG to educate golf course superintendents on the new and more environmentally sound over seeding procedures. • Work with the SilverRock Resort Golf Course manager to improve water efficiency, participate in CVWD education programs, and upgrade equipment as new technology becomes available. CITY CLERK • Records Management • Paperless Tracking and Reporting Systems • Shredding and Recycling of Documents BUILDING AND SAFETY • LEED at Vista Dunes • LEED at SilverRock Resort • Energy audit at City Hall • Energy Audit at Senior Center • New air conditioning controls at City Hall • Conduit for future solar installed at City Hall • Conduits for future solar installed at Senior Center • Paperless review precise grading plans • Natural Gas street sweeper and van • LEED and/or Green Builder Training and possible certification of Department employees • New Title 24 energy standards • Local Building Code Amendments a..0 359 0 FINANCE DEPARTMENT • Budget • Technology PLANNING DEPARTMENT • Implementation of existing General Plan Goals, Policies, and Programs. ➢ Several General Plan goals, policies and programs already exist that encourage a green environment, particularly in Chapter 6 — Natural Resources Element. • Encouraging efficient landscaping irrigation by maintaining provisions consistent with the CVWD requirements. ➢ The City's Municipal Code (Chapter 8.13) includes water efficient standards consistent with the CVWD requirements. All new or rehabilitated landscaping must adhere to these provisions. • Develop new green Goals, Policies and Programs for implementation into the General Plan. ➢ New goals, policies and programs should be developed that accurately represent the City's direction in resource conservation and minimizing greenhouse gas emissions. Implementation could occur as part of the upcoming update of the General Plan or as a separate amendment. • Manage landscaping irrigation and "decorative" water uses for all new development projects. ➢ The City currently administers landscaping irrigation provisions consistent with the CVWD requirements. A Municipal Code amendment is currently underway to identify recent changes to the CVWD requirements and to specifically address the use of "decorative" water uses (i.e. water fountains, waterfalls, ponds, lakes, etc.). The proposed provisions will conserve water and electrical consumption. • Establish design standards for residential and commercial structures that provide solar protection. ➢ Design standards encouraging solar protection, particularly on south and west building elevations will directly result in energy conservation. Solar protection would typically include roof overhangs, eaves, recessed windows and doors, canopies, trellises, solar window screens, etc. 360 a • Assist the City Managers Office with water conservation education campaign. ➢ Under the direction of the City Manager's Office, Planning Department staff would play an instrumental role in educating the community on water conservation programs, resources, etc. CITY MANAGER'S OFFICE • Curbside Electronic Waste Diversion Residents of La Quinta can recycle electronic waste curbside by calling Burrtec 48 hours prior to their regularly scheduled trash pickup. Electronic waste, or "E- Waste", includes televisions, computer monitors and many other electronic items. • Universal and Electronic Waste Drop Off Service Residents can also bring electronic and/or universal waste to Burrtec's yard for recycling. Universal waste includes products containing low levels of hazardous metals such as lead, mercury, cadmium, and chromium (e.g. batteries, light bulbs). Items can be dropped off Monday through Friday from 9:00 a.m. to 4:00 p.m. and Saturday from 9:00 a.m. to 1:00 p.m. at 41800 Corporate Way (behind the Palm Desert Post Office on Hovley Lane). • Bulky Item Service La Quinta residents can call or e-mail Burrtec 48 hours prior to their regularly scheduled trash pickup to schedule a pickup of up to four bulky items (large appliances, old furniture, mattresses and box springs, bicycles, swing sets, old computer monitors, laptop computers, standard televisions and LCD televisions up to 37 inches) • Used Motor Oil and Filter Recycling The City and Burrtec offers residents a convenient way to recycle their used motor oil and filters. Simply drain your used motor oil into a plastic jug, seal it securely and place it next to your recycling cart on your regular trash day. • Document Shredding Events The City offers two document shredding days per year. Protect your identity and recycle paper by participating in these important events. • "Sharps" Safe Disposal Program Beginning January 1, 2008, the City in partnership with Burrtec will offer a free program to collect needles, syringes, lancets, and other "sharps". Residents will receive three containers per year at no charge to safely dispose of sharps. a, 361 10 • Restaurant Food Waste Diversion Program The City is currently investigating the feasibility of providing affordable food waste recycling services to City restaurants. The City has surveyed seven jurisdictions that currently provide food waste recycling to restaurants. This program will require Burrtec to provide indoor and outdoor food waste storage containers, collect food waste containers at least twice per week, provide restaurant staff training, and notify all restaurants of availability of the program at least once per year. The City plans to begin discussions with Burrtec regarding this program during the second half of 2008. • Residential Non -Controlled Medication Collection Program On October 12, 2007, Governor Schwarzenegger signed Senate Bill 966 that requires every retailer selling drugs to have in place a system for drug collection for proper disposal by July 1, 2008. Retailers would be required to also provide customers with information on drug -recycling or drug return opportunities. In addition to this new legislative requirement, the City is working with Burrtec to design a program for La Quinta residents to provide easy and convenient disposal options for non -controlled medication. REDEVELOPMENT AGENCY PROGRAMS • Continue efforts to implement LEED or California Green Builder.programs for new affordable housing projects. • Implement where feasible, LEED, water conservation and other green/environmental programs for the SilverRock Clubhouse, golf course and related infrastructures. • Implement the Cooperative Water Management Program with CVWD for the RDA existing Cove Homes and evaluate the feasibility of implementing changes to existing landscape and irrigation when Cove Homes are sold. • Continue the RDA's program of upgrading the RDA Cove Homes plumbing, heating and air conditioning, and other equipment at the time units are re -habilitated prior to sale. • Consider requiring LEED or green technology for all private developments which secure RDA assistance. .a.0 362 11 PUBLIC WORKS DEPARTMENT Traffic Signals • Complete conversion of City traffic signals to include Highway 111 signals after January 10th to LED from incandescent bulbs. The cost recovery time for the new bulbs is roughly three years. • Synchronize signals on Highwayl 11, Jefferson Street, Fred Waring Drive and Miles Avenue. • Include Aries system for remote control/optimization of traffic signals from City Hall. This system allows the City's traffic engineer to change signal timing of traffic signals in the field from his desk at City Hall. It will result in more timely adjustment of traffic signal timing that enhances motorist mobility. Capital Improvement Program • Use rubberized asphalt concrete (AC) as much as possible for overlay and slurry seal projects. • Construct first phase of Golf Cart Master Plan. • Continue to recycle AC, concrete, rebar and other building materials from projects. Landscape and Lighting • Convert six City maintained entrances from overhead spray to drip irrigation. • Convert Madison Street median landscape from turf to desertscape with artificial turf. Complete Avenue 52 and Avenue 54 median island upgrade programs. CVAG ENERGY CONSERVATION ACTION PLAN CVAG's Energy Conservation Action Plan has the vision of shifting how residents, businesses, and governments in the Coachella Valley and Palo Verde Valley view energy conservation via implementation of a media program, long-term strategic plan, and annual action plans. One of the goals is to reduce Valley -wide per capita energy consumption by 10% by 2012. This would be done by developing a model energy conservation ordinance, promoting a change in use behavior, and encouraging businesses and agencies to reduce energy use during peak use periods (summer hot spells). 0-L 363 12 Local governments would be encouraged to adopt model energy efficiency projects, incorporate energy conservation features in new and/or remodeled City facilities, and enforce current programs such as Title 24. Annual action plans would include energy conservation fairs, symposiums, and educational forums as well as development of a best practices resource manual. UTILITY PROGRAMS IID is proactive in energy savings via conservation programs, product rebates, and general tips. IID indicates that an average home owner can save up to 10% on energy/energy bills by taking advantage of IID programs. One of the simplest programs involves switching old incandescent light bulbs to compact fluorescent light bulbs (which use 66% less energy and last longer). Home owners can also utilize the free "Check Me!" program, which checks the refrigerant charge and airflow of their air conditioning/heating units. IID offers a rebate on the purchase of higher efficiency air conditioning units ($85 to $145 per ton). Similar rebates are offered for the purchase of high efficiency refrigerators ($120 per unit) and programmable thermostats ($50 per unit). Additionally, product rebates are offered on ENERGY STAR equipment including home and office electronics. IID also provides commercial programs such as audits for both older facilities and new construction; for new construction, IID offers design assistance. Rebate programs are in place for solar panels (for example, over parking structures) and energy efficient motors (here in the desert, these are primarily irrigation pumps). Staff has held several meetings with IID representatives. Follow up meetings are proposed to learn more about IID programs and which programs are beneficial to La Quinta home owners and the City. As previously noted, CVWD and the City are aggressively working towards ensuring new development utilizes landscape water efficiently and have entered into a cooperative program for existing development. Staff will work with IID, CVWD and Southern California Gas to create programs and market programs to residents, business owners and developers. 13 NEXT STEPS Based upon City Council discussion and direction, City staff will develop a comprehensive Green and Sustainable La Quinta Program. Funds currently budgeted will be utilized to develop this program. City Staff will continue to implement existing programs and evaluate future budget considerations. Respectfully submitted, ,4A e. Douglas R. Evans, Assistant City Manager — Development Services Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Green Program Organization Chart 365 14 ATTACHMENTI G O w IL Q �z V J MJ W Q z Q n 0 Q W LU LPL Wti C og � � F °a m �zl a w � w 3 F m 3 � y U 5 5 T U u a, oav0 ap,a� o z z o Uo z bb d ti � w7 6'o�wCa o c x W r7 W U .� x o y y U U 4 0� G W F ti 0 0 N tt N E 0) U a> rd 366 REPORT/INFORMATIONAL ITEM: o'LO INVESTMENT ADVISORY BOARD SPECIAL MEETING October 9, 2007 CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 4:30 P.M. by Chairperson Daniel, followed by the Pledge of Allegiance. PRESENT: Board Members Ross, Denial, Rassi and Park ABSENT: Board Member Moulin OTHERS PRESENT: John Falconer, Finance Director, Council Member Osborne and Vianka Orrantia, Secretary II Public Comment — None III CONFIRMATION OF AGENDA Chairperson Daniel advised the Board that she extended an invitation to Councilman Osborne to attend this month's meeting since the Board considers him a liaison to the Council. The invitation was extended due to the outcome of the September 18, 2007 City Council regarding the Council's consideration to change the La Quinta Municipal Code Governing the Investment of Moneys and Funds. Chairperson Deniel advised that she was not in attendance at the Council meeting, and the Board was represented by Board Member Moulin. Board Member Moulin advised her of the Council's decision and how he felt that there were some inaccuracies stated. Chairperson Daniel advised that there are several issues to discuss with the Board and Councilman Osborne, 1) suggested guidance from Councilman Osborne as to what direction the Board should now take; 2) discussion of her handout of notes and comments derived from the recorded Council meeting along with an educational summary of the different investment risks and; 3) a suggestion she would like to present to the Board. Councilman Osborne advised that the Board has already laid down the ground work for the implementation of a professional portfolio management firm within the investment policy, along with the RFP. The only factor for the implementation is Council's approval and Council voted not to implement a professional portfolio management firm at this time. Councilman Osborne also advised of some of the reasons that Council voted not to implement the professional portfolio management firm; one being security matters from the City's stand point, another being the Wymer incident in previous years, #ind 16'1 Investment Advisory Board Special Meeting Minutes October 9, 2007 should the City risk investments being sold prior to maturity with the City's policy being that the City holds to maturity. Councilman Osborne advised that the Council's concern would be, "would a professional portfolio management firm sell prior to maturity and if sold prior to maturity, would this create an added risk to the City's principal." Council also discussed whether or not other cities utilize a professional portfolio management firm. Mr. Falconer advised that he conducted a survey as to what valley cities currently utilize a professional portfolio management firm. The cities of Indian Wells and Palm Desert both utilize SYMPPO, a management software. The two valley cities that currently utilize a professional portfolio management firm are the City of Indio and the City of Coachella. Councilman Osborne reiterated the concerns of Council, these being; what is the success of using a professional portfolio management firm and what is the added risk, with the major concern of the City Council being "risk." Councilman Osborne again advised that when Council decides to implement a professional portfolio management firm, the ground work is already in place. Chairperson Daniel advised that after listening to the recorded meeting of September 18", that the City Council is very comfortable with the Treasurer but the City Attorney seems to have some objections in dividing the portfolio and having someone other than the Treasurer control a portion of the City's portfolio. Chairperson Denial stated that she felt that the City Council was uneasy with having direct responsibility for portfolio oversight, that they have never had this responsibility before. Chairperson Deniel also advised of the conversation between Councilmember Henderson and the City Treasurer, and Chairperson Daniel suggested that the Treasurer be allowed to decide as to whether or not the City should hire a professional portfolio management firm for a portion of the portfolio and if decided, he would report to City Council, which he already does with LAIF. Chairperson Daniel listed LAIF's various investment types and advised that City already uses a professional portfolio management firm when they invest in LAIF. Just like a professional portfolio management firm, LAIF uses a larger array of instruments and has a group of professional managers. She did not know whether LAIF held all investments to maturity or not, due to their size a large amount of securities was traded. The difference is that LAIF is managed like a 2 .. 368 Investment Advisory Board Special Meeting Minutes October 9, 2007 money market fund, with no gain or loss shown in the principal; fluctuations come through an adjustment in interest. On the other hand, the principal in an account managed by a portfolio management firm would have to be marked to market. Chairperson Deniel advised that this would be something that the Treasurer could manage and would also need approval from the City Attorney. Currently there is an ordinance that allows the City Council to delegate to the Treasurer, the authority to invest a portion of the portfolio and if the current ordinance is expanded, then the Treasurer can be made responsible. The Treasurer would continue to review the investments made by the professional portfolio management firm on a daily basis with the Investment Advisory Board reviewing the investments on a monthly basis. Councilman Osborne advised that if this suggestion was presented to Council the first thing Council would possibly do is ask the Treasurer for his thoughts. The Treasurer advised that he would have to give this suggestion some thought. Councilman Osborne asked if Wells Fargo Bank could possibly help the Treasurer in this area. Mr. Falconer advised that the investments need to be segregated; the segregation needs to be from the custodians, from the bank, and from the bond trustees. Mr. Falconer also advised that this could be an option. Mr. Falconer clarified for the Board that LAIF does hold all investments to maturity. Mr. Falconer advised that he has been opposed to hiring a professional portfolio management firm because the current market conditions do not warrant it at this time. Mr. Falconer stated that the yields at this time do not warrant the expenses of a portfolio money management firm. Councilman Osborne asked what the risk would be by selling prior to maturity. Mr. Falconer clarified that the perception is that when one sells at a loss, one is expected to reinvest for high returns in the near future. In response to Councilman Osborne, Mr. Falconer advised that an investment firm usually sells at a loss in anticipation of a future return. Chairperson Daniel referenced her handout and stated that 2b segregates the different risks that exist. The one risk that the Council seems to focus on is 3 369 Investment Advisory Board Special Meeting Minutes October 9, 2007 embezzlement risk; Councilman Sniff referenced this risk during the September 18`h Council meeting. Chairperson Daniel advised that, now a day, embezzlement risk no longer an issue and what occurred with the City in previous years is someone inadvertently signed a power of attorney over to an advisor, this would not be allowed today. Chairperson Daniel advised the Board of the various risks, one being issuer risk, (for example) where an issuer sells commercial paper and the issuer goes bankrupt. This is currently protected by the investment policy by; paper grade purchased (i.e. AAA paper) and the dollar amount per issuer. In response to Councilman Osborne, Chairperson Daniel advised that a professional portfolio management firm would be able to anticipate a problem with an issuer prior to the Treasurer knowing. She also advised that issuer risk would be nominal due to the fact that the Treasurer limits himself strictly to triple "A" paper. Chairperson Daniel advised of market risk, a risk of interest rate fluctuations. For example: when interest rates decline, the value of the paper in portfolio rises and when interest rates rise, the value of fixed income securities declines. If the investment is held to maturity, the principal is generally collected in full. Chairperson Daniel advised of several statements made by Council and the Mayor in regard to trading. Chairperson Daniel clarified that selling before maturity is merely adjusting overall portfolio based on a change in the interest rate scenario. Chairperson Daniel advised of other statements and concerns of the City Council and also advised of the concern of the Treasurer; being, given today's market conditions, would a professional portfolio management firm earn twenty basis points net of their fees. Councilman Osborne again reiterated that the ground work is already in place and when there is a majority vote by Council a professional portfolio management firm could be implemented. Chairperson Daniel asked if the various risks could possibly be an item of discussion at the joint meeting with City Council. 4 * 370 Investment Advisory Board Special Meeting Minutes October 9, 2007 Councilman Osborne replied that this information could be informative and educational but would not necessarily change Council's vote. Chairperson Daniel advised that it's not the Board's objective to change or sway Council's vote. Chairperson Daniel stated that she felt that the City Council was very comfortable with the Treasurer and suggested that the Treasurer be the one authorized to hire a professional portfolio management firm. Councilman Osborne stated that Council has always felt that if there is a need by the Treasurer he will ask and Council has the utmost confidence in the decisions of the Treasurer and his staff. Both Councilman Osborne and Mr. Falconer advised of various issues of the past that were not agreed upon by the Board and/or Council but eventually were implemented. Board Member Ross asked if hiring a professional portfolio management firm would alleviate some duties from the Treasurer. Mr. Falconer replied that he felt that hiring a professional portfolio management firm would possibly add additional duties. Board Member Ross referenced the discussion of responsibility, and advised that if there were a violation by a firm, there is no recovery from an individual, and the claim would be filed against the responsible institution. Mr. Falconer advised if a violation occurred and a lawsuit was filed, everyone involved would be sued, not just the firm. Board Member Park advised of other risks not mentioned, the concentrated risk and excessive trading risks. Chairperson Denial advised that the Board limits the amount of paper the Treasurer can purchase by issuer, (i.e. the Treasurer cannot just concentrate on GE paper) therefore addressing the concentration issue. General discussion ensued among the Board regarding the concentrated risk and the excessive trading risk. 53 71 Investment Advisory Board Special Meeting Minutes October 9, 2007 Board Member Rassi stated that he felt that the liability issue discussed by the Board was very interesting. He also stated that even if there was any money lost and then recouped by the City, there could be possible damage printed by the media. Councilman Osborne advised that the issues discussed at this Board meeting could be discussed at the scheduled joint meeting with the City Council, such as the summary handout and helping the Council understand some of the risks involved along with any potential changes to those risks. Councilman Osborne thanked the Board and stated that he felt that the number one priority of the City Council and the Board's is protecting the City's principal which has been done and continues through the City's investment policy. Councilman Osborne commented that in respect to cash flow, greater return and diversity there is always a give and take and how much are we willing to give to get more of the other. Board Member Rassi asked how much time was allotted for all Boards and Commissions to meet with the City Council. Staff replied that each Board and Commission was given approximately 30 minutes and that the meetings were going to take place at the Senior Center at 7:15 p.m. on October 23rtl Mr. Falconer suggested that the Board prepare an agenda of items to be discussed for the joint meeting with the City Council. Chairperson Deniel advised that she would prepare an agenda and forward to all Board members via email. Chairperson Daniel stated that she felt that there seemed to be an issue with the City Attorney regarding the separation of responsibilities. She also stated that she felt the City Council was very comfortable with City Treasurer and that they should allow the Treasurer to decide whether or not he would like to do the diversification, therefore eliminating an ordinance change. Mr. Falconer advised that the investment policy is a living document and suggested that the Board review the investment policy for the upcoming year and make any recommendations to the City Council. Chairperson Deniel advised that before a suggestion is presented to Council, the Board would need to find out whether or not it is legal or even possible. 0 6372 Investment Advisory Board Special Meeting Minutes October 9, 2007 Mr. Falconer reiterated that there are other cities that currently use professional portfolio management firms, and the issue at hand is "who will be held responsible." Mr. Falconer advised that in his opinion if it is part of the investment policy and if permissible by state code, there would be no need to change the ordinance, and it would ultimately be left at the discretion of the Treasurer. IV CONSENT CALENDAR A. Approval of Minutes of Special Meeting on October 9, 2007 for the Investment Advisory Board. Mr. Falconer advised that on page 1 of the meeting minutes it reflects Board Member Park as being present and should read Board Member Ross. Also on page 1 under the correction of page 3, it should also read Board Member Ross and not Board Member Park. In response to Chairperson Daniel, Mr. Falconer clarified that the item listed under the confirmation of the agenda was from the previous meeting. MOTION - It was moved by Board Members Ross/Bassi to approve the Minutes of October 9, 2007, as amended. Motion carried unanimously. V BUSINESS SESSION A. Transmittal of Treasury Report for August 2007 Mr. Falconer presented the Treasurer's report advising that the portfolio dropped slightly by $3 million due to the construction of city hall and the Vista Dunes Courtyard project with the overall yield at 5.08%, the pooled cash investments at 5.17% and the six month treasuries rates currently standing at 4.59%. Mr. Falconer advised that the high cash balance was due to the semi- annual debt service payment along with the warrant run from the first part of September. Board Member Ross asked if the Treasurer was encumbered by the policy and if possible could he extend out for a longer period of time by selling early. Ul a_6 373 Investment Advisory Board Special Meeting Minutes October 9, 2007 Mr. Falconer replied that most of the purchases made were after the implementation of the new policy, with the additional authority to invest in GSE's and longer terms. In response to Board Member Ross, Mr. Falconer advised that in the month of July, he took money out of Treasuries and LAIF, and invested in GSE's. In response to Board Member Ross, Mr. Falconer advised that he could sell at a gain but with the current drop in interest rates what would he reinvest in? Mr. Falconer also advised that when he invested in Farm Credit he wanted to extend out the maturity but there was no Farm Credit Paper available to purchase. Chairperson Daniel clarified that the Treasurer was prevented from extending out further because of the policy and the unavailability of paper. MOTION - It was moved by Board Members Park/Ross to approve, receive and file the Treasury Report for August 2007. Motion carried unanimously. VI CORRESPONDENCE AND WRITTEN MATERIAL A. Month End Cash Report — September 2007 Noted and Filed B . Pooled Money Investment Board Report — July 2007 General discussion ensued among the Board regarding LAIF and their procedures. Noted and Filed C. Discussion of City Council Meeting dated September 18, 2007 Item was discussed at the beginning of the meeting. H �. 374 Investment Advisory Board October 9, 2007 Special Meeting Minutes VII BOARD MEMBER ITEMS Chairperson Denial advised of the handouts from Board Member Moulin, with his comments dated October 3, 2007. Board Member Ross asked the Board and Staff what their comments and thoughts were as to Board Member Moulin's comment from the handout; "it may be a blessing in disguise that the ordinance was not approved." Mr. Falconer advised that he had no comment and could not speak on behalf of Board Member Moulin. Vlll Adjournment MOTION - It was moved by Board Members Park/Ross to adjourn the meeting at 5:35 p.m. Motion carried unanimously. Secretary 9' 3�5 INVESTMENT ADVISORY BOARD Meeting November 14, 2007 CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 4:30 P.M. by Chairperson Daniel, followed by the Pledge of Allegiance. PRESENT: Board Members Ross, Moulin, Daniel and Park, Board Member Rassi (4:35) ABSENT: None OTHERS PRESENT: John Falconer, Finance Director and Vianka Orrantia, Secretary II Public Comment — None III CONFIRMATION OF AGENDA Mr. Falconer advised that the Treasurer's commentary was completed after the mailing of the agenda packet and would like to include the commentary as part of the agenda. Board Member Ross requested that a discussion of LAIF's history and limits also be added to the agenda. Chairperson Daniel suggested that the LAIF discussion be added to Board Member Items. Board concurred. IV CONSENT CALENDAR A. Approval of Minutes of Special Meeting on October 9, 2007 for the Investment Advisory Board. Chairperson Daniel stated that she was not happy with the minutes and she felt that the minutes should be redrafted. She also stated that there needs to be more clarification and commentary in regards to the different risks referenced in the minutes. Board Member Ross concurred. Chairperson Daniel clarified that on page 4, second paragraph of the minutes, requires clarification and the statement does not pertain to credit risk. 8' 376 Investment Advisory Board Minutes November 14, 2007 Mr. Falconer suggested, at the consensus of the Board, that Staff redraft the minutes and email a draft copy for the Board's review prior to next scheduled meeting. Board concurred. Board Member Moulin advised that he had forwarded three handouts to be discussed on his behalf at the October 9th meeting and did not see them reflected in the meeting minutes. In response to Board Member Moulin, Mr. Falconer clarified the spelling of "Ymer, "on page one, fourth paragraph, the correct spelling should be "Weimer." In response to Board Member Moulin, Board Member Ross clarified that the statement on page 7, under Board Member Items, second paragraph was a statement Board Member Moulin had made on one of his handouts and asked Staff what he meant by this comment. Board Member Moulin commended the Board on their meeting with the City Council. MOTION - It was moved by Board Members Park/Bassi to continue the Minutes of October 9, 2007. Motion carried unanimously. Board Member Moulin and Mr. Falconer suggested that a draft of the meeting minutes be sent to the Board for review and/or comments prior to completing the agenda packets. Board concurred. V BUSINESS SESSION A. Transmittal of Treasury Report for September 2007 Mr. Falconer presented the Treasurer's report and advised that the cash balance declined by $15 million due to the semi-annual principal and interest debt service payment, the construction activities of the city hall expansion and the Vista Dunes Courtyard homes. He also advised that the average maturity has increased from 20 days to 129 days, with a drop in the six-month Treasury bill, which exceeds the City's benchmark. He further advised that the sweep account had a $12,410 in interest earnings with a total of $1,781 in fees. The current overall yields are at 5.06% with the pooled yielding at 5.16%. In the month of October there were several corporate notes purchased, with $2 million in GE Capital which matures on 10/15/08 and US Bank Corp. at 5.1 1 % with a 2 377 Investment Advisory Board Minutes November 14, 2007 maturity date of 4/28/09. Mr. Falconer commented since the purchase of these notes there has been a decline in the current market. In response to Board Member Moulin, Mr. Falconer advised that Staff would not purchase Merrill Lynch paper in today's current market. He also advised that the City currently holds $5 million in Merrill Lynch commercial paper due to mature in January with no intention to reinvest in Merrill Lynch. General discussion ensued among the Board in regard to Merrill Lynch and Citicorp and their current status in today's market. Mr. Falconer advised that his purchases, if available, will only be with familiar commercial paper names. MOTION - It was moved by Board Members Rassi/Ross to approve, receive and file the Treasury Report for September 2007. Motion carried unanimously. VI CORRESPONDENCE AND WRITTEN MATERIAL A. Month End Cash Report — October 2007 Mr. Falconer advised that page 11 of the month end cash report reflects a daily decline in LAIF interest rates; this is an indicator of the current market. In response to Chairperson Deniel, Mr. Falconer advised that the current total invested in LAIF at this time is $38 million with an investment limit at $80 million, with a permissible $45 million to invest. Mr. Falconer also advised that there is $10 million Farm Credit paper due to mature and was considering placing $5 million in LAIF and $5 million for warrant disbursements. Mr. Falconer suggested that in an upcoming meeting the Board could give their views on the different investments, such as Fannie MAE, medium term notes, commercial paper and other investments in relation to today's interest environment. Board Member Moulin advised that during the joint meeting discussions with the City Council, the CDARS program was an issue of conversation. 3 ° �' 37$ Investment Advisory Board Minutes November 14, 2007 Mr. Falconer advised that at the joint meeting one council member was not in favor of the CDARS program and this issue has been placed on the Board's upcoming work plan. Board Member Moulin stated that he was not in favor of this particular investment and further stated that there is one benefit to CDARS, they do invest in local banks. Mr. Falconer clarified that investing in CDARS does not guarantee that it is invested back into the local communities. In response to Board Member Moulin, Mr. Falconer advised that LAW reviews the CRA numbers and credit analysis of the smaller banking institutions they invest in. In the past several IAB members have been uncomfortable with some of the smaller institutions. Board Member Ross asked Staff if they know how LAW extends their maturities when there is a drop in rates. Mr. Falconer replied that LAW claims they do not play the market and are a short-term investment pool investing in the cash needs of the state. Noted and Filed B . Pooled Money Investment Board Report — August 2007 Noted and Filed C. Meeting Minutes from October 23, 2007 Joint Meeting with the City Council Board Member Rassi advised that the joint meeting with City Council was very informative and Council was also very complimentary of the Board. Board Member Ross stated that he was encouraged by the Mayor's sentiments and his willingness to review any information the Board could provide them. He further stated that there were no additional comments from the Council in reference to the change in the ordinance regarding the professional portfolio management firm. Noted and Filed 4 379 Investment Advisory Board November 14, 2007 Minutes VII BOARD MEMBER ITEMS Chairperson Deniel advised that she would like to discuss and summarize two issues at this time; 1) LAIF and; 2) Professional Portfolio Money Management firm, the history and where the City currently stands with this issue. Board Member Moulin advised that after listening to the tape of the joint meeting with Council, it was his feeling that Council wanted the Board to revisit LAIF. Chairperson Denial stated she felt that that was not Council's intent. Board Member Ross stated that he felt that the Council wanted the Board to revisit the issue of LAIF. In response to Board Member Moulin, Mr. Falconer advised that LAIF was introduced in the late 70's to assist numerous city treasurers with excess city cash. Chairperson Deniel advised that LAIF is run like a money market mutual fund for cities and government institutions that are too small to have their own investment department, therefore placing their money with the state, which has their own professional money managers. Mr. Falconer advised that there is a fee to invest in LAIF and further advised that all school districts are required to invest with their county treasurers. Mr. Falconer also advised of the history of the Orange County investment pool and other county investment pools. Mr. Falconer advised that he would generate a chart of LAIF's limit history for the Board's review at the next scheduled Board meeting. General discussion ensued among the Board regarding LAIF. Chairperson Daniel advised that LAIF is an example of a professionally managed portion of the cities portfolio. She further advised that the City Council gave the Treasurer the authority to manage the portfolio and therefore investing in LAIF. If a professional portfolio money management firm were to be hired, the City Council would hire the firm not the Treasurer, therefore requiring a change to the ordinance which was declined by City Council. Chairperson Deniel suggested that the Treasurer's delegation be expanded and 5 e�g� Investment Advisory Board Minutes November 14, 2007 he decide as to whether or not he would like to hire a professional portfolio money management firm to invest a portion of the City's portfolio. Mr. Falconer advised that this issue was discussed at the previous Board meeting and also was discussed at the joint meeting with the City Council. He also advised that Councilwomen Henderson suggested that this be discussed as part of the investment policy for 2007/08, with no clear direction from Council to continue discussion this year. Board Member Ross concurred. He further advised that this would be at the discretion of the Board to add as part of the discussion for the upcoming 2007108 investment policy. Chairperson Denial stated that she felt with the growth of the City and the portfolio, that the City considers doing more with the investing of the portfolio than what is already being done. Chairperson Deniel shared the Mayor's comment about the approval of this year's budget. In response to Board Member Ross, Mr. Falconer advised that with the current interest rate in today's market, if he was able, he would invest more in LAIF. He also advised that the LAIF limit is $80 million and not a percentage. In response to Chairperson Deniel, Mr. Falconer advised that the limit per account is not per the City's investment policy but from the State Code. Board Member Ross stated that he didn't recall any Council members make any comments against LAIF. Board Member Park asked Staff if they would prefer to raise the LAIF limit. Mr. Falconer replied that in the current interest rate environment he would be in favor of raising the LAIF limit. Chairperson Daniel advised that the City would have to hold to maturity. Mr. Falconer advised that when the Merrill Lynch commercial paper rolls over in January, if he was given the flexibility and the market conditions remains the same he would invest in LAIF. In response to Board Member Ross, Chairperson Deniel advised that LAIF would be a better investment in a declining interest market and in a raising interest market LAIF lags. Investment Advisory Board Minutes November 14, 2007 Board Member Moulin stated that he felt that, rather than a loss in principal in LAIF, liquidity is a possible issue. Board Member Rassi and Mr. Falconer both advised that there is a withdrawal limit, five per account with the City's limit being ten and if there is a withdrawal over $10 million, it takes a couple of week's to process. Board Member Moulin advised that he would not like to see the LAIF amount increase too much. In response to Board Member Moulin, Mr. Falconer advised the City Council voted unanimously to renew the contract with Wells Fargo Bank. In response to Board Member Moulin, Mr. Falconer advised that the auditors are scheduled to meet with the Board at the December meeting and would "like to recommend the review of the FY 2007/08 Investment Policy begin in January. Chairperson Deniel asked if the Treasurer decides to implement a professional portfolio management firm, is this permissible. Mr. Falconer replied that if permitted by State Code and permitted by the City, then he did not believe it would require a change to the ordinance or a review by the City Attorney. Mr. Falconer advised that there would need to be a discussion by the Board regarding the Request for Proposal (RFP) selection process. In response to Board Member Park, Mr. Falconer advised that May is the last month the Board will review the investment policy prior to submittal for Council's approval. Board Member Rassi advised that there could be an amendment to the policy anytime during the year. Board Member Moulin advised that in June the Board meets with the City Manager and the City Attorney to review the draft policy and upon review, it is forwarded to the City Council for approval by July 1st. It was the consensus of the Board to begin the review of the FY 2007/08 investment policy in January. 7 to 3S2 Investment Advisory Board Minutes November 14, 2007 Board Member Moulin advised that the discussion of the benchmark paragraph has been continued and would like to streamline a paragraph for credit risk, market risk and diversification. Chairperson Daniel suggested that the policy have a specific section regarding these said issues. VIII Adjournment MOTION - It was moved by Board Members Moulin/Park to adjourn the meeting at 5:30 p.m. Motion carried unanimously. Su 7 Vianka Orrantia Secretary •,' 383 8 REPORT/INFORMATIONAL ITEM: cl' 1 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 September 20, 2007 This meeting of the Historic Preservation Commission was called to order by Chairman Wilbur at 3:05 p.m. who asked for the roll call. CALL TO ORDER A. Roll Call. Present: Commissioners Puente, Redmon, Wright, and Chairman Wilbur Absent: Commissioner Sharp Staff Present: Principal Planner 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 Wright/Redmon to approve the minutes of August 16, 2007, as submitted. Unanimously approved. V. BUSINESS ITEMS: A. Phase I Cultural Resources Investigation of 76.76 Acres — Tentative Tract 35238 Applicant: La Quinta Motorcoach Resort, Inc. Consultants:Applied Earth Works, Inc. (Michael Mirro and Tracy Formica) Location: South Side of Avenue 58 Between Monroe Street and Jackson Street. 1. Commissioner Redmon recused herself from any discussion of this project due to a potential conflict of interest. 3s4 PACAROLYMHist Pres Com\HPC 9 20-07.doc Historic Preservation Commission September 20, 2007 2. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Planning Department. 3. Chairman Wilbur said the monitoring should be handled as stated in the Staff Report Recommendations despite the fact there were no cultural resources encountered. 4. Representative Jon Berg with Dudek & Associates in Palm Desert, asked for clarification of the request by the Aqua Caliente Tribe for a Native American monitor. He asked if there would need to be two monitors on site; one a consultant and the other a Native American monitor. Staff said they were not sure of the total number of monitors. There could be two or three monitors total, but at least one would have to be a Native American. Staff went on to add that has been a normal requirement for all the recent approved projects. 5. Mr. Berg asked if the Native American monitor could be the only one on site. Staff replied no, there would have to be at least one certified archaeological monitor in addition to the Native American monitor. 6. Mr. Berg asked if the consultation was done in accordance with SIB 18. Staff replied the Principal Planner in charge of the project processed it separately in accordance with SB 18 regulations. 7. There being no further comments it was moved and seconded by Commissioners Puente/Wright to approve Minute Motion 2007-01 1 accepting the Cultural Resources Report as submitted and recommended by staff. AYES: Commissioners Puente, Wright, and Chairman Wilbur; NOES: None; ABSENT: Commissioners Redmon and Sharp; ABSTAIN: None. B. Paleontological Records Review, La Quinta Property, Riverside County, California Applicant: La Quinta Motorcoach Resort, Inc. Consultants: San Bernardino County Museum Location: South Side of Avenue 58 Between Monroe Street and Jackson 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. 385 P:\CAROLYN\Hist Pres Com\HPC 9-20-07.doc 2 Historic Preservation Commission September 20, 2007 2. Commissioner Redmon also recused herself from this item. 3. Chairman Wilbur asked for comments and received none 4. There being no comments. It was moved and seconded by Commissioners Puente/Wright to adopt Minute Motion 2007- 012 accepting the Paleontological Records Review as submitted and recommended by staff. AYES: Commissioners Puente, Wright, and Chairman Wilbur; NOES: None; ABSENT: Commissioners Redmon and Sharp; ABSTAIN: None. 5. Commissioner Redmon rejoined the meeting. C. Discussion of Work Program for Upcoming Year 1. Chairman Wilbur discussed the list contained in a Memorandum from the Planning Director, a copy of which is on file in the Planning Department. 2. Commissioner Puente asked for an update on the Museum. Staff replied ground had been broken on the new Museum. Staff said the Commission should be thinking about the archiving of resources as part of the Work Program for the upcoming year. Staff added they did not have a completion date for the Museum. 3. Chairman Wilbur asked if the list had been prioritized. Staff replied it was not. 4. Commissioner Wright asked if the City was going to hire a curator or museum consultant. Staff replied the City has been interviewing for a Museum Director but was not aware of the qualifications the City had requested for the position. 5. Commissioner Wright referred back to the HPC field trip to Fort Irwin and their curation procedures. He asked if the person hired would have curation experience. Staff was not certain. 6. Commissioner Wright said he thought the museum could be low priority, but the preparation of a composite map of all the cultural resources within the City of la Quinta (Item #3) would be one of his top priorities. S 386 P:\CAROLYN\Hist Pres Com\HPC 9-20-07.doc 3 Historic Preservation Commission September 20, 2007 7. Commissioner Wright asked about the Historic Context Statement status. Staff said it was currently in draft form and the Commission would soon be receiving copies of the draft to review. 8. Commissioner Wright said the Historic Context Statement should be item number one, the composite cultural resources map item number two, and item number three would include the follow up of mitigation monitoring for projects such as the Tradition. 9. Commissioner Wright said it would be good for the Commission to have a mobile meeting to look at some of the historic sites, which should include the La Quinta Hotel, the Cove, The Tradition, Point Happy and some of the sites listed in the Historic Survey. He suggested it could possibly be a Saturday morning meeting. He also mentioned a tour to the area known as the "Sphere of Influence" would be helpful. 10. Commissioner Wright volunteered to contact the owners of Point Happy for authorization to conduct a tour, utilizing the road leading up to the Dupont House 11. Commissioner Wright brought up the subject of demolition permits and how they are now on the computer system and must be approved by staff. 12, Commissioner Puente asked if a tentative date could be chosen. Staff replied they would check with the Director and get back to the Commission. 13. Commissioner Redmon commented on her concept of the work priorities. She said she was thinking about a Historic Homes Visit fund raiser tour, in the future, that might benefit both the museum and all of the materials the Commission is putting together and thinking of publishing. This could be several years away, but worth thinking about. She said she would be happy to volunteer her home as one of the homes in the tour. She added she had just received a postcard from the lady who authored the historic homes book. Commissioner Redmon may be able to contact her to obtain further information on homes/owners to be included in a tour. • 387 P:\CAROLYN\Hist Pres Com\HPC 9-20-07.doc 4 Historic Preservation Commission September 20, 2007 14. Commissioner Wright said once the museum is done there will be a great opportunity to do some joint projects. He suggested items numbered four and five should be the Commission's priorities. 15. Staff asked if there were any other items they might want to pursue. Commissioner Wright said probably some others, but the five listed were the most important 16. Staff said by next meeting they might be able to advise the Commission who was chosen as Museum Director. 17. Chairman Wilbur asked about an anticipated completion date for the Museum. Commissioner Wright suggested it would be Fall 2008. 18. There being no further comments, it was moved and seconded by Commissioners Wright/Puente to adopt Minute Motion 2007- 013 accepting the Work Program as submitted. Unanimously approved VI. CORRESPONDENCE AND WRITTEN MATERIAL: None VII. COMMISSIONER ITEMS: A. Comments on Puente: 1. Commissioner Puente displayed an article, in the La Quinta edition of the Desert Sun, commenting on the problems encountered at the La Quinta Resort due to the Signature Pool project. B. Comments on Conferences/Training: 1. Commissioner Puente shared information on the upcoming National Preservation Conference in Minnesota. 2. Commissioner Puente said she received information from the District Attorney's Office on workshops offered on the Brown Act. Staff advised her this information was mailed out annually to all Commissioners. 3. Commissioner Wright said the City Clerk and Planning Department advise the Commissioners when they need to update their training. 388 P:\CAROLYN\Hist Pres Com\HPC 9-20-07.doc 5 Historic Preservation Commission September 20, 2007 C. Comments on Historic Conference - 2008: 1. Commissioner Wright asked if the Conference was in Napa next year. 2. Staff said the Conference would be in Napa and said all Commissioners are invited to attend the Conference. 3. Commissioner Wright added some comments on the various conferences and how important it is for the Commissioners to attend; especially since the Commission is a CLG (Certified Local Government) Commission. Vill. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Puente/Wright to adjourn this Regular Meeting of the Historic Preservation Commission to the next Regular Meeting to be held on October 18, 2007. This meeting of the Historic Preservation Commission was adjourned at 3:36 p.m. Unanimously approved. Submitted by: Carolyn alker Secretary P:\CAROLYN\Hist Pres Com\HPC 9-20-07.doc 6 REPORTS / INFORMATIONAL ITEM 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 October 18, 2007 This meeting of the Historic Preservation Commission was called to order by Chairman Wilbur at 3:05 p.m. who asked for the roll call. I. CALL TO ORDER A. Roll Call. Present: Commissioners Puente, Redmon, Sharp, Wright, and Chairman Wilbur Absent: None Staff Present: Planning Director Les Johnson, Principal Planner Stan Sawa, and Mana gement Assistant Betty Sawyer IIall .11BZKe7LT, IPAM"gIII ■i•row III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: A. It was moved and seconded by Commissioners Puente/Sharp to approve the minutes of September 20, 2007, as submitted. Unanimously approved. V. BUSINESS ITEMS: None. VI. CORRESPONDENCE AND WRITTEN MATERIAL: A. Staff informed the Commission about the 2008 California Preservation Conference. B. Staff informed the Commission of the new Museum Services Manager, Kim Mack. 390 PACAROLYMHist Pres Com\HPC 10-18-07.doe Historic Preservation Commission October 18, 2007 VII. COMMISSIONER ITEMS: A. Staff distributed a memo from the City Attorney explaining that since there was a potential litigation regarding the Morgan House it was her opinion there should be no discussion regarding this issue. 1. Commissioner Wright stated the City had previously asked KSL to make this a historic site and they refused. Can the City research and find out what the City can do as a Certified Local Government to make this a historic site, or is it up to the landowner. Planning Director Les Johnson stated a request to give a property landmark status can be made by anyone. The State process is different. Commissioner Wright asked if there was any authority the City has to push this forward. Planning Director Les Johnson stated not with the State, but the City can and went over the process it would take; however, the property owner has to agree with landmark status. The City can then have some say in regard to the building permit process. 2. Commissioner Wilbur asked why KSL did not want to have the National Historic status. Commissioner Wright explained it set in place a lot of steps for the landowner that were very restrictive and the landowner was not willing to accept those steps. Commissioners discussed historic structures and the demolition process that has been put into place to protect historic properties. B. Historic Context Statement 1. Principal Planner Stan Sawa presented the changes that had been made by staff and asked for Commissioner input. a. Commissioner Redmon asked if she would be able to send staff her edits. Staff stated yes. Commissioner Redmon asked about the ability to retrieve artifacts that had been collected previously to put into the museum upon its completion. Staff stated it would be possible. b. Chairman Wilbur asked that all corrections be returned at the next meeting of the Commission. He also asked if there was a possibility of making it a publication. It was suggested it be placed at the museum at its completion. 391 0 FILENAME \p P:\CAROLYN\Hist Pres Com\HPC 10-18-07.docg 2 Historic Preservation Commission October 18, 2007 C. Joint Meeting of City Council and Historic Preservation Commission 1. Staff informed the Commission of the joint meeting and asked if there were any additional items they would like to have added to the agenda. 2. Commissioner Wright asked that the issue of curation be added to the agenda. Vill. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Sharp/Puente to adjourn this Regular Meeting of the Historic Preservation Commission to the next Regular Meeting to be held on October 18, 2007. This meeting of the Historic Preservation Commission was adjourned at 3:45 p.m. Unanimously approved. Submitted by: e y a Mana ent Assistant 392 0 FILENAME \p P:\CAROLYN\Hist Pres Com\HPC to- 18-07.doco 3 REPORT/INFORMATIONAL ITEM: 9a- MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A Special meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA November 7, 2007 10:00 a.m. 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 Manager David Sawyer. B. Committee Members present: Jason Arnold, Ronald Fitzpatrick, and Bill Bobbitt. C. Staff present: Planning Director Les Johnson, Principal Planner Stan Sawa, and Management Assistant Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: A. Staff asked if there were any changes to the Minutes of October 24, 2007. There being no changes, it was moved and seconded by Committee Members Bobbitt/Fitzpatrick to approve the minutes as submitted. V. BUSINESS ITEMS: A. Site Development Permit 2006-895; a request of K. Hovnanian Homes for consideration of architectural and landscaping plans for three prototypical residential plans for use in Tract 30092 (Piazza Serena) located at the northwest corner of Monroe Street and Avenue 58. 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 John Schuller, Edinger Architects and Steve Shirrel, Landscape Development, who gave a presentation on the project and answered questions. 393 Architecture and Landscaping Review Committee November 7. 2007 2. Committee Member Fitzpatrick asked staff to confirm the location of the additional units in regard to how they relate to the existing tract and if any energy efficient options were being offered. Mr. Schuller explained this was an infill project and they were offering options to allow for outdoor living components. Passive components are being incorporated to the best of their ability. Committee Member Fitzpatrick asked why solar panels were not being incorporated into the project. Mr. Crandall, K. Hovnanian Homes, stated they will be using tankless water heaters, but no solar energy options are proposed. Committee Member Fitzpatrick asked who determined the front yard turf requirement should be 50%. Staff explained this has been consistent with what the Planning Commission has recently required. Discussion followed as to how the amount of turf is determined. 3. Committee Member Bobbitt suggested that a landscape cloth be used under the decomposed granite (DG) to allow the moisture to go through and keep the DG from sinking into the soil. It will help the yard maintain its appearance longer. In regard to skydecks, they are a great idea, but when you are in a tract it allows you to look down into everyone's yard. It would be nice to lay it out so it does not allow a homeowner to look into their neighbor's yards. Mr. Crandall stated they are limited on where they can place the skydeck units. 4. Committee Member Arnold asked if the rear yard landscaping would be done before the homeowner purchases the home. Mr. Crandall stated it is an option the homebuyer can buy. Committee Member Arnold noted that in the area where there is a sideyard gate, where the trash containers are kept, they should limit the amount of plant material for access. Mr. Shirrell stated this has been an issue to allow pedestrian access to the backyards. 5. There being no further questions, it was moved and seconded by Committee Members Arnold/Bobbitt to adopt Minute Motion 2007-029 recommending approval of Site Development Permit 895, as recommended. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None 394 N Architecture and Landscaping Review Committee November 7, 2007 VII. COMMITTEE MEMBER ITEMS: A. Planning Manager David Sawyer discussed with the Committee the role and responsibilities of the Committee. 1. Committee Member Fitzpatrick asked for clarification on what level of review the Commission was required to do at their meetings. Staff reviewed the duties of the Commission. Committee Member Fitzpatrick stated he would like to know that soils reports have been submitted. Planning Director Les Johnson stated typically they are reviewing at the design development stage. Discussion followed regarding the history of the Committee. 2. Committee Member Bobbitt asked who in the City has the responsibility to see that a project does not go further when it is not something the City wants. Planning Director Les Johnson stated that is a policy decision of the Council. 3. Planning Director 'Les Johnson stated that typically what is submitted to the Committee would be a site plan, material sample board, and elevations. Committee Member Fitzpatrick asked that a summary sheet that identifies and orientates the project for their review be included with the staff report. 4. Committee Member Bobbitt questioned why the application stated incomplete plans will not be accepted and yet they will be given the project in phases. Staff stated this is a choice of the applicant. Committee Member Bobbitt stated the biggest problem usually occurs with a commercial project. Staff stated at the time the elevations are prepared the applicant will submit a plant listing, but not show location and detail and staff will require them to bring back a final landscape plan. Staff is looking to the Committee for the overall aesthetic and landscaping view of the project. Staff will be revamping the applications to bring some consistency to what is submitted and brought before the Committee. 5. Committee Member Bobbitt asked why the Committee does not review any of the Public Works projects. For example, the Avenue 52 medians are currently under construction, or the parks that are built; these plans are never brought before the e- , 393 3 Architecture and Landscaping Review Committee November 7, 2007 Committee. Staff stated this has been the direction of the Council. 6. Committee Member Arnold asked for a copy of the Village Design Guidelines. Staff would see that they were received. VIII. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Bobbitt/Arnold to adjourn this meeting of the Architectural and Landscaping Review Committee to a Regular Meeting to be held on December 5, 2007. This meeting was adjourned at 1 1:35 p.m. on November 7, 2007. Respectfully submitted, AY W ER �✓ Exe uti a Secretary N 396 REPORT/INFORMATIONAL ITEM: _' J MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA November 13, 2007 CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Alderson who asked Commissioner Barrows to lead the flag salute. Chairman Alderson introduced Robert Wilkerson to the Commission and asked him to give account of his history. B. Present: Commissioners Katie Barrows, Jim Engle, Paul Quill, Robert Wilkinson, and Chairman Ed Alderson. C. Staff present: Assistant City Manager Doug Evans, Planning Director Les Johnson, Assistant City Attorney Michael Houston, Planning Manager David Sawyer, Principal Planner Andrew Mogensen, Assistant Planner Eric Ceja, 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 October 9, 2007. There being no changes, it was moved and seconded by Commissioners Engle/Quill to approve the minutes as submitted. Unanimously approved. V. PUBLIC HEARINGS: A. Conditional Use Permit 2007-106; a request of PetSmart #1230 for consideration of a request to allow two outdoor metal containers for the temporary storage of seasonal merchandise at the rear of the building from October 15, 2007 through January 4, 2008 for the property located at 79-375 Highway 111, within the Centre at La Quinta Shopping Center. 1. Chairman Alderson opened the public hearing and asked for the staff report. Associate Planner Eric presented the information 397 G:\WPDOCS\PC Minutes\2007\1 1-1 3-07.doc Planning Commission Minutes November 13, 2007 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 noted the containers were at least screened and the applicant had responded to the City's letter in regard to storage containers during the holiday season. Planning Director Les Johnson noted this was the first request staff had received from any of the retail stores, but the applicant did place the containers before receiving approval. Code Enforcement is working with staff to continue to resolve the problem staff faces each year. Commissioner Quill asked how long this store has been open. Staff stated approximately three years. Commissioner Quill stated this again is a business that is newly constructed and here they are asking for additional space for seasonal sales. Staff stated they have been inquiring of the major stores of their seasonal needs during discussions prior to approval by the Commission and/or Council. 3. There being no further questions of staff, Chairman Alderson asked if the applicant would like to address the Commission. The applicant declined to speak. 4. There being no other public comment, the public hearing was closed and open for Commission discussion. 5. Commissioner Barrows asked if staff's letter clearly states that a permit is required before the storage containers can be placed on site. Staff stated yes, but they could enhance on the letter and send it out earlier next year to encourage compliance. 6. Chairman Alderson asked that on the major businesses he would request this issue be addressed during the application and approval process. 7. There being no further discussion, it was moved and seconded by Commissioners Engle/Barrows to adopt Planning Commission Resolution 2007-044 approving Conditional Use Permit 2007-106 as recommended. ROLL CALL: AYES: Commissioners Barrows, Engle, Wilkinson and Chairman Alderson. NOES: Commissioner Quill. ABSTAIN: None. ABSENT: None. 398 2 Planning Commission Minutes November 13. 2007 B. Site Development Permit 2007-892• a request of Tarlos & Associates for consideration of architectural and landscaping plans for a 7,000 square foot restaurant to be located south of Highway 1 1 1, southwest corner of Depot Drive in the Komar Desert Center. 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 Engle commended the applicant on the architecture and landscaping of the building. 3. Commissioner Quill asked if they were approving the landscaping plan as well. Staff clarified only the landscaping around the perimeter of this building. The Center's landscaping has already been approved. The applicant is only responsible for the pad site itself. Commissioner Quill asked about the color combination; are they more compatible with the Center than the exhibits show. Staff stated they are similar colors and do blend with the Center. 4. Commissioner Wilkinson noted the service container should be better screened. 5. Chairman Alderson agreed the trash container is right up front and even though he notes there isn't a better location, it should be better screened. Had there been any discussions regarding moving the building further to the east. Staff stated the pad was designed without knowing the tenant. Planning Director Les Johnson noted the number of times staff had met with the applicant regarding the design and layout of the building and this was the best alternative for this site. Chairman Alderson asked about the on -site drainage. Principal Engineer Ed Wimmer stated the drainage was reviewed at the time the Center was approval. It is a vault that is self contained. 6. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Mark Waver, representing Tarlos & Associates, stated he was available to answer any questions. 399 3 Planning Commission Minutes November 13, 2007 7. Commissioner Quill asked if the signage was part of the application. Staff stated no, there would be a separate sign program for the entire Center brought forward at a later date. 8. Commissioner Barrows stated she would like to see more vertical landscaping along the walls. Mr. Waver, landscape architect for the project, explained the landscape plan. 9. Chairman Alderson noted the masonry columns on the building and asked if this was similar to what was approved for the Mimi's Restaurant. Mr. Waver stated it should be as this was discussed with staff. Planning Director Les Johnson stated they were assured the material would be consistent, but the color may be different. 10. Commissioner Quill noted the materials and colored boards were not provided. Mr. Waver stated they had originally been submitted but with all the changes they have made, they were unable to obtain all the new samples. 11. 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. 12. Commissioner Engle stated he likes the architecture and landscaping. 13. Commissioner Barrows stated she is not seeing the conditions recommended by the Architecture and Landscaping Review Committee. Staff stated the applicant has already added them into their plans so staff did not add them to the conditions. 14. Commissioner Quill stated there is no condition that there will be consistency with regard to the colors and materials. Staff noted it is contained in the Specific Plan for the Center. Should the Commission desire, conditions could be added to this permit. Commissioner Quill asked that a condition be added to reflect this. 15. There being no further discussion, it was moved and seconded by Commissioners Engle/Quill to adopt Planning Commission Resolution 2007-045 approving Site Development Permit 2007- 892, as recommended and amended: d 4 Planning Commission Minutes November 13, 2007 a. Condition added: The materials shall be consistent with the remainder of the Center. ROLL CALL: AYES: Commissioners Barrows, Engle, Quill, Wilkinson, and Chairman Alderson. NOES: None. ABSTAIN: None. ABSENT: None. C. Zoning Code Amendment 2007-094• a request of the City for consideration of an Amendment to Title 9, Chapter 9.60 of the La Quinta Municipal Code to modify the City's density bonus and affordable housing incentives in accordance with State law. 1 . Chairman Alderson opened the public hearing and asked for the staff report. Planning Manager David Sawyer presented the information contained in the staff report, a copy of which is on file in the Planning Department 2. Chairman Alderson asked if this was a mandate would it also encourage the developers to provide affordable housing within their market rate homes. Planning Director Les Johnson clarified that the City is required to meet its allocation of affordable units. Even though this ordinance is relatively new and a lot to understand, it does provide an opportunity for the City to meet its obligations in regard to housing. 3. Chairman Alderson asked if there were any questions of staff. Commissioner Quill asked where you find the definition for very low-, low-, and moderate -income. Assistant City Attorney Michael Houston stated it was within the State Health and Safety regulations. It is usually less than 50% of the median for the County they live within. Commissioner Quill asked if the City had the ability to define that number for the applicant. Also, is this verbatim from the Government Code. Assistant City Attorney Michael Houston stated yes, because essentially we are not able to deviate from it except in very few areas. Commissioner Quill clarified that even if this was not adopted it was a State law. Assistant City Attorney Michael Houston stated yes. There has been a lot of discussion within several communities and the decision was made to conform to it to avoid confusion. Commissioner Quill asked for the definition of equity sharing. Assistant City Attorney Michael Houston stated the City's Municipal Code and the practice of the City is to require equity sharing despite the recent changes and this has been done 40.1 5 Planning Commission Minutes November 13, 2007 through deed restrictions for affordable uses. The change with this Code section is that with respect to moderate -income for sale for common interest units there is now a requirement under State law that there be an equity sharing agreement. The owner if he sells it they are allowed to recoup their purchase price, any improvements they have put into it, and 50 percent of the appreciation. The Agency would receive the other 50 percent to continue funding affordable housing. Commissioner Quill asked if there was the ability to reduce two development standards; is that the developer's choice or the City's. Assistant City Attorney Michael Houston stated the way the law is written the developer would indicate how many affordable units they intend to build they are entitled to "X" number of incentives. This is the minimum number they are allowed, the City can grant more. It is their option to request, and the City is restrictive in what it can do to deny their request. Should the City not want to grant their request, the City must make findings to show that it would be a significant adverse impact to the community. Discussion followed. 4. Chairman Alderson asked if this applies to the current affordable housing we have in place. Assistant City Attorney Michael Houston stated there is a difference in the equity sharing agreements between what the City does as compared to what the Agency does. What this statutory change does is a circumstance desires to take advantage of density bonus incentives and has with respect to the equity sharing agreements, has moderate - income for sale or common interest development. The revised equity sharing agreements only applies to moderate -income households. The distinction is that if you buy a home from the Agency and you sell it, the Agency will receive all the profit. In addition, the Agency has the first right of refusal to purchase the property to keep it within the affordable housing covenants. The difference is this is an incentive to get developers to provide the City with more moderate -income units. 5. There being no further questions of the staff, Chairman Alderson asked if there was any public comment. There being no public comment, the public hearing was closed and open for Commission discussion. 402 C Planning Commission Minutes November 13, 2007 6. There being no further discussion, it was moved and seconded by Commissioners Barrows/Quill to adopt Planning Commission Resolution 2007-046, approving Zoning Code Amendment 2007- 094, as recommended. ROLL CALL: AYES: Commissioners Barrows, Engle, Quill, Wilkinson, and Chairman Alderson. NOES: None. ABSTAIN: None. ABSENT: None. BUSINESS ITEMS: None CORRESPONDENCE AND WRITTEN MATERIAL: None. COMMISSIONER ITEMS: A. Chairman Alderson gave a review of the City Council meeting of November 27, 2007 and the Chamber Workshop meeting. B. Commissioner Quill asked what alternative the City has to enforce major stores from placing the storage containers behind their stores for the holiday season. Planning Director Les Johnson stated the Planning Department is working in conjunction with the Code Compliance Department to act upon the violations as soon as they are seen. C. Planning Director Les Johnson introduced David Sawyer who has been hired as the Planning Manager for the City and stated he has been a great addition to the staff. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Barrows/Quill to adjourn this regular meeting of the Planning Commission to a regular meeting to be held on November 27, 2007. This regular meeting was adjourned at 8:18 p.m. on November 13, 2007. Respectfully submitted, �� B y yer, Management Assistant City of La Quinta, California ''' 403 7 REPORTS / INFORMATIONAL ITEM MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA November 27, 2007 CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Alderson who lead the flag salute. B. Present: Commissioners Katie Barrows, Jim Engle, Paul Quill, Robert Wilkinson, and Chairman Ed Alderson. C. Staff present: Planning Director Les Johnson, Assistant City Attorney Michael Houston, Planning Manager David Sawyer, Principal Planner Stan Sawa, and Management Assistant Betty Sawyer. IL 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 November 13, 2007. There being no changes, it was moved and seconded by Commissioners Barrows/Engle to approve the minutes as submitted. Unanimously approved. V. PUBLIC HEARINGS: A. Site Development Permit 2007-896; a request of Coachella Valley Recreation and Park District (CVRPD) for consideration of Phase 1 development plans (Passive Public Park, Trails, and Interpretive Center) for the "Coral Mountain Discovery Park to be located at the southeast quadrant of Jefferson Street and Avenue 58. 1. Chairman Alderson opened the public hearing and asked for the staff report. Principal Planner Stan Sawa explained staff was requesting a continuance to allow the applicant time to obtain the property owner's signature on the application. 2. There being no questions of staff, it was moved and seconded by s404 G:\WPDOCS\PC Minutes\2007\11-27-07.doe Planning Commission Minutes November 27, 2007 Commissioners Barrows/Quill to continue Site Development Permit 2007-896 to December 11, 2007. Unanimously approved. B. Site Development Permit 2007-895• a request of K. Hovananian Homes for consideration of architectural and landscaping plans for three prototypical residential plans for use in Tract 30092 (Piazza Serena) located at the northwest corner of Monroe Street and Avenue 58. 1. Chairman Alderson opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Planning Department. Staff was recommending a condition be added stating, "The developer shall put notice in the sales office and all potential buyers of units in the tract that the Plan 1 unit may have a optional upper floor skydeck." Also, Condition 11 be amended to read, "A plot plan showing the location of all Plan 1 units shall be approved by the Planning Director prior to issuance of a building permit." 2. Chairman Alderson asked if there were any questions of staff. Commissioner Engle asked for clarification on the letter from Mr. John Gillete. Commissioner Quill clarified he was objecting to the skydeck as he was told there would be no second story units constructed. 3. Commissioner Quill asked what was directly to the west of the tract. Staff stated the Imperial Irrigation District Substation and corporate offices to the north is the Capistrano tract that is under construction. 4. Chairman Alderson asked if the applicant was aware of staff's recommendation to changing out the tree variety. Staff stated they were and had no objection. 5. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. James Crandall, representing K. Hovananian Homes, stated they had no objection to replacing the tree variety. In regard to the condition staff is recommending, they have not seen the revised condition in regard to circulating a letter to the proposed buyers regarding the skydeck. 6. Commissioner Quill asked if he had seen the letter from Mr. 4 a 3 2 Planning Commission Minutes November 27, 2007 Gillette and did he understand whether or not there was ever a disclosure made by K. Hovananian regarding there would be no second story units constructed. Mr. Crandall stated he was not aware of any such disclosure. Commissioner Quill asked if there had been any discussions with the tract to the north. Mr. Crandall stated they had not. Commissioner Quill asked if they were aware of the new CVWD water requirements as their plans show a lot of lawn. Mr. Crandall stated he was aware of the new requirements and would be reducing the lawn area as required. 7. Chairman Alderson stated the Commission is very sensitive to second story units that allow views into the backyard of a neighboring unit. It appears that the location of the Plan 1 units will cause this problem. 8. Commissioner Wilkinson asked if on the original conditions were there any conditions stating height maximums or two story homes. Staff stated they did not believe there were any such conditions. 9. There being no further questions of the applicant, Chairman Alderson asked if there was any other public comment. Mr. John Pedalino, representing Desert Elite, stated they are the developers to the north and have four homes in escrow that abut this project and are requesting that no Plan 1 with a skydeck be allowed to be constructed adjacent to their project. 10. Mr. Troy Hefner, 57-850 Resedenza Court, stated his concern is the drainage issues on the existing lots and they have not been able to get any resolution from the contractor regarding the installation of a drywell to resolve this problem. It is currently a swamp and it should be resolved before any new units are constructed. 11. Mr. Mark Yacullo, 81-769 Del Serenata Drive, stated he has the same concern with drainage problem as there is water and mud on the streets now. If new houses are built, it will only increase the problem. 12. Commissioner Quill asked if the streets are muddy and is this from not being cleaned or from the dry well problem. Mr. Yacullo stated the developer has cored through the curbing and the lots are now draining into the street causing the muddy streets. • 3 406 Planning Commission Minutes November 27. 2007 Commissioner Quill asked what his opinion was of the entire development. Mr. Yacullo stated his back yard is flooded because of the sprinklers from the perimeter landscaping shoots into his lot. There are several issues of concern regarding the landscaping and they cannot get any resolve from the developer as the developer says the City will not allow him to change it. 13. Mr. Brett Picano, 57-810 Residenza Court, stated he had worked for the sales office at the time the units were being sold and they were never told there would be two story units or skydecks. In regard to Commissioner Quill's question, there is zero maintenance in the community. They do not trim the trees or reseed the lawns. His greatest concern is the skydecks. Additionally, he objects to the model parking lot they intent to construct right behind his home. 14. Commissioner Quill asked if he sold these homes for K. Hovananian, and he gave assurances there would be no second story units or skydecks constructed. He reviewed the lots that were sold during the time he worked there. 15. Commissioner Wilkinson asked if he was given any material from the developer as to whether second story units would be built. Mr. Picano stated they were never told anything from the developer but based on the brochures and materials supplied by K. Hovnanaian, as well as the Plan options they were promoting at that time. They were never given any disclosures or training in regard to selling the units. 16. Mr. John Downs, 81-823 Del Serenata, stated his concern was the retention basin. He was the first person to move in and the water problem has been there since he moved in. It is an eyesore and a health hazard to the community. He is also concerned that the size of the new proposed homes will devalue their homes as they are smaller. Lastly, the size of electrical lines that come into the tract run down the back of his house. These power lines are so strong his neighbor was electrocuted. Palm trees have been planted directly in line of the power lines. The maintenance of the tract is horrible. The sprinkler lines are working off extension cords. He is a member of the HOA and for two years they have fought with the developer and cannot get any cooperation. •` 407 4 Planning Commission Minutes November 27, 2007 17. Commissioner Quill asked where the power lines are located. Mr. Downs stated the power lines run along Avenue 58. They were there before the tract was constructed, but were moved after they moved in and in some instances they are in the back yards. Commissioner Quill stated IID normally has a 50-foot prohibition on any trees being planted that would interfere with the power lines. Mr. Downs stated the elevation of the property and the way the property was graded to drain does not work. The dirt is clay and there is no percolation so the water does not drain. 18. Chairman Alderson asked the location of the palm trees. Mr. Downs stated they are around the entire project. They are off -site, but under the power lines. 19. Commissioner Wilkinson asked the location of the retention basin. Mr. Downs stated they are Lot 1 and G. 20. Mr. Troy Hefner stated he was one of the last buyers in this tract last December, and as far as he knows no two story units were ever disclosed. 21. Mr. Mark Yacullo stated he did go to IID and was told the land where the palm trees are located was dedicated to the City. He knows the power lines were moved since they built their pool and have been shocked while in their pools. IID has stated to him it is the responsibility of the City. 22. Commissioner Quill asked legal counsel if IID didn't have to have an easement at least 20 feet from the centerline of the pool. Assistant City Attorney Michael Houston stated IID easements typically allow them to locate the poles within their easements. If they are outside their easements, then there is a problem. Commissioner Quill asked staff to verify where the easement is and the location of the poles and palm trees. 23. Ms. Sherry Brown, 57-768 Cantano Drive, stated her concern is the size of the new models and the impact this will have on their market value in the future. She also agrees with all comments regarding the retention basin and lack of drainage. She asked who the streets belong to as they have blocked off access to the streets with the empty lots and were told they are not allowed to walk around neighborhood. a,0 409 5 Planning Commission Minutes November 27, 2007 24. Commissioner Quill asked if all the streets are paved. Ms. Brown stated yes, in their section only. Commissioner Quill asked if the street was capped. Ms. Brown stated only in their section. 25. Ms. Amelia Vasquez, 57-770 Resedenza Court, stated she also is a part of the HOA and at every meeting since she moved in they have brought up the concern of the retention basin and have been told every time they will fix the problem. Two years later they still have no answer or resolution to resolve this problem. She would hope the Commission would not approve this tract until these problems are resolved. 26. Mr. Brett Picano stated the streets are capped on all the finished products, but they still have potholes. They repaired the curbs, but they still have left holes in the curbs. 27. Commissioner Quill asked if the streets have been finaled and have the bonds been released for the first phase. Staff stated they were unaware, but will obtain an answer from Public Works Department. Mr. Picano stated they asked the developer about the streets and were told the streets were the responsibility of the City. Commissioner Quill stated the HOA owns the streets and the bonds will cover the repair. 28. Chairman Alderson asked if the developer has representation on the Board. Mr. Vasquez stated they are the majority on the board and they have changed their members three times. 29. Chairman Alderson asked if the applicant would like to address some of the concerns raised. Mr. Crandall sated they are working with a civil and soils engineer to solve the retention basin problems and will have that answer within the week. Adding a dry well will not solve the problem. In regard to capping the streets, there is no way to cap them where the lots are not finished. The houses that are finished are capped. He is not aware of the power lines or the location of the palm trees, but he will look into at the final map. He is aware of the high turnover on the HOA board due to the market changes, but he is willing to look into all these issues to resolve them. a.(' 409 0 Planning Commission Minutes November 27, 2007 30. Commissioner Quill stated K. Hovnanian should be ashamed of their actions for letting this tract go this bad and they should be asking for a continuance as he will not support any request at this time. 31. There being no public comment, the public hearing was closed and open for Commission discussion. 32. Commissioner Engle stated the issues raised by the homeowners should be addressed and perhaps a continuance is in order. 33. Commissioner Barrows stated she would like staff to clarify what action the Commission can take in regard to the issues raised. Planning Director Les Johnson stated a continuance would allow staff to look into the issues raised and report back to the Commission on what actions could be taken. 34. Chairman Alderson suggested the next time the applicant comes before the Commission they bring their landscaping, grading and engineering representatives. He would also like to know if the bonds have been released for the streets. 35. There being no further discussion, it was moved and seconded by Commissioners Barrows/Quill to continue this to December 11, 2007. Unanimously approved. BUSINESS ITEMS: None CORRESPONDENCE AND WRITTEN MATERIAL: A. Chairman Alderson reviewed his letter to staff in regard to dust problems. COMMISSIONER ITEMS: A. Commissioner Quill asked the status of the Golf Cart Ordinance. Staff stated Phase 1 was presented and approved by Council, but the second reading of the Ordinance was not held to allow striping and signage on the streets, as well as licensing of the golf carts. The second reading should be in December and the improvements done so the Plan could be implemented. Staff reviewed the routes proposed for Phase 1. 7 Planning Commission Minutes November 27. 2007 B. Commissioner Quill stated the City lacks the ability to advertise events in the City, such as the Village even if it is temporary signage. Without the ability to get this information out, we are defeating the purpose of promoting La Quinta where we can get the most exposure. Staff stated such advertising would encompass several departments in the City. Staff is currently reviewing signage for the Village. To date, we have not focused on any community advertising where temporary signage could be utilized to announce community events/functions. Staff can look into this and report back to the Commission. C. Commissioner Barrows asked when the Commission would receive a report on the "Green" efforts. Staff stated this report would be presented at the second meeting of the Council in December. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Barrows/Wilkinson to adjourn this regular meeting of the Planning Commission to a regular meeting to be held on December 11, 2007. This regular meeting was adjourned at 8:24 p.m. on November 27, 2007. Respectfully submitted, 4etPa , IVIa� en Assistant City o inta, California q Department Report: I — A �a�T2•c , 0 Tait (�- 4 F c NOFT TO: The Honorable Mayor and Members of the City Council FROM: Bret Plumlee, Assistant City Manager — Management Services/41 DATE: December 18, 2007 SUBJECT: Department Report — Response to Public Comment The following public comment was made at the December 4, 2007 City Council meeting: 1. Michelle Staples, Jackson De Marco, legal counsel for Shea Homes — had submitted a draft settlement agreement and understood staff had some technical questions that they would be briefed on during the Closed Session. Ms. Staples stated they would appreciate the opportunity to answer any questions Council or staff may have after the Closed Session. 2. Janice Marken, 54-040 Avenida Cortez, has lived in the Cove for the past three years. Her neighbor across the street has been building his home for over four years, with a port -a -potty on the front yard. The project is now abandoned. Vagrants have been in the property and her home had been vandalized. She wanted to know how long a building permit can go on. She also said she felt there is not enough police presence in the Cove. The Mayor asked her to meet with Tom Hartung, Director of Building and Safety, who was in the audience, to discuss building and code issues. 3. Ellen Silva -Martinez, 54-060 Avenida Cortez, she owns a pool service company. Ms. Martinez is a neighbor of Janice Larkin and is also having an issue with the home construction across the street. She also is concerned with the lack of police presence in the Cove, not enough police, and the high crime rate. The Mayor stated we have added four police officers this year and there will be more added next year. He thanked her for her comments. Council member Osborn stated the City increases our police staff every year. �'' 412 The City Manager said we could set up a meeting with the Police Chief, Colleen Walker, to discuss our current manning schedule and enforcement as well as answer her concerns. The Mayor also asked Ms. Martinez to meet with the Building and Safety Director, Tom Hartung, regarding the issue of her neighbor's construction project. •' 413 Department Report: /-8 04 S CF` OF TO: The Honorable Mayor and Members of the City Council FROM: Bret M. Plumlee, Assistant City Manager — Management Services// DATE: December 18, 2007 RE: Department Report — Grant Update The following is an update of various grants for which City staff has received funding, as well as updates on existing grants. During this calendar year, the City was awarded $648,020 in grant funds. Grants Awarded in 2007 Department of Conservation The California Department of Conservation provided $10.5 million in funding through their City/County Payment Program beverage container recycling and litter cleanup projects for 2007/2008. We received notification of grant funding for this program in March 2007. The City was awarded $10,190, on August 20, 2007. A portion of the funds were used to purchase tables and chairs for the Senior Center as well as sports bottles for Community Services. Indian Gaming Special Distribution Fund (SB 621) Pursuant to California 2003 Senate Bill 621, appropriations from the Indian Gaming Special Distribution Fund were made to certain local government agencies impacted by tribal gaming. The Augustine Band of Cahuilla Indians submitted a letter of sponsorship in support of the City's application, which included a recommendation to fund the City's request for $886,250, over a five-year period, to be applied toward salary and benefits for an additional 4.0 414 motor officer to assist with traffic enforcement. The City received $302,223 in June, 2007 for its 3rd and 4th year of funding, and filed its application for its 51" year of funding in March 2007. The subsequent years' funds have been earmarked for use by the City of La Quinta, but are contingent upon availability of future State funding. Edward Byrne Memorial Justice Assistance Grant (JAG) The City applied for $10,607 in June 2007, for the purchase of two Segway people movers to be used by the Police Department in commercial areas. The City was awarded the funds in early September 2007. After special training of the Police staff, the Segways were operational at the beginning of November 2007. Clean Transportation Funding from the Mobile Source Air Pollution Reduction Review Committee (MSRC) In May of 2007 the City applied for $25,000 towards the purchase of a Tymco CNG Street Sweeper. We received notification of the award on September 12, 2007. Clean Transportation Funding from the Mobile Source Air Pollution Reduction Review Committee (MSRC) In May of 2007 the City applied for $100,000 towards street sweeping operations. We received notification of the award on September 12, 2007. Coachella Valley Association of Governments (CVAG) In July 2007, a grant program was announced through the CMAQ Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). We applied for $177,060 for the purchase of 13 ASC3 traffic signal controllers at intersections along Highway 111 corridor. In early October, we received notification the project was recommended for funding, and went before CVAG's executive committee for action on October 29, 2007. CVAG will notify us when the funding comes through. Previously awarded grants California Integrated Waste Management Board The City was approved for an SB 1346 Rubberized Asphalt Concrete Grant from CIWMB in August 2005 in the amount of $31,490 for the Jefferson Street paving project. Yeager Skanska, Inc. was awarded the project. The a.(h 415 project was completed in June 2007, and we received the reimbursement on June 14, 2007. State of California Land and Water Conservation Fund The second phase of the Cove Oasis Trailhead development commenced in March of 2005 and consisted of additional signage, shaded picnic areas, trash receptacles, boulder benches, and a water fountain. This portion of the project was completed in March 2006. Also included in the second phase was the creation and installation of a Bronze Relief Map with trail markers. This art work was completed and installed in early June 2006. A Notice of Completion was sent to the State and reimbursement in the amount of $45,748 was received on January 12, 2007. Riverside County Transportation Commission In May of 2004, we applied for $25,099 to the RCTC through 2004-05 SB821 Bicycle and Pedestrian Facilities Program to install a sidewalk on Westward Ho Drive to Dune Palms Road across the street from La Quinta High School. The grant was awarded in June 2004, and construction was completed in February 2007. On May 8, 2007, we received $25,099 reimbursement for the Westward Ho Drive sidewalk improvements. 2005 Transportation Enhancement (TE) Program In 2005, the City received notification of a grant award in the amount of $445,190 for the Jefferson Street Beautification Project, to be used for landscaping the medians on Jefferson Street between Indio Boulevard and Highway 111. Now that the bridge has been completed, the Jefferson Street Beautification Project will commence. A bid was awarded on November 20, 2007 to Marina Landscape. Once the project is completed, we will submit our request for reimbursement. Grants Applied for in 2007: Riverside County Transportation Commission In May 2007, an application was made to the Riverside County Transportation Commission (RCTC) through 2007-2008 SB 821 to construct a Multi -Use Trail Bridge at Coachella Canal trail in the amount of $228,750. A presentation of the project was made to RCTC on June 12, 2007. We were recently notified that this project was chosen to receive a grant award. 4' 416 Playful City USA On September 7, 2007, we applied to Playful City USA for recognition as one of 25 Playful Cities in the United States for 2007. The grant award of $25,000 would be used to assist the City in creating an innovative approach to health and fitness in youth through active play. In mid October, we received notification that there was an overwhelming response from cities nationwide interested in creating an agenda for play. Although the City was not chosen, we have been informed that we may reapply in January 2008 for the next annual grant. Safe Routes to School On November 20, 2007, Council approved submission of an application to the California Department of Transportation's grant for the Safe Routes to School (SR2S) program. The project was to install a traffic signal at Fred Waring Drive and Palm Royale Drive for the Colonel Mitchell Paige Middle School. Although the application was to have been submitted prior to November 30, 2007, it was determined by Public Works that funding requirements would delay design of the project until late 2008 at the earliest. Given the immediate need for the improvement it was decided that this project was not an appropriate candidate for this cycle of SR2S. Therefore the grant application was not submitted, however, there are sufficient Transportation DIF funds available to begin design while negotiating construction options with the owner of the undeveloped North West corner of the intersection. National Highway Traffic Safety Administration (NHTSA) The University of California Berkley Traffic Safety Center, serving as grant administrator for The California Office of Traffic Safety (OTS), had announced the award of mini -grant funds for Click /t or Ticket mobilization throughout California from May 12 to June 1, 2008. The goal of the Click It or Ticket Program is to increase seal belt use statewide to 95% in 2008 through the combined efforts of the California Highway Patrol (CHP), OTS and local law enforcement. The maximum allowable grant amount is $7,500, which is based upon the population. This covers actual overtime costs for supervisors, officers/deputies, dispatchers, and administrative during the mobilization time period. Supervisors and officers/deputies must be assigned solely to seat belt enforcement duties. This item will be brought before Council at the December 18, 2007 meeting to approve application for this grant. a `'4 417 This listing does not include subvention funds and other funds that the City automatically receives from the Federal, State, and County governments. Examples of this type of revenue include California Traffic Congestion Relief Funds (AB 2928), California Law Enforcement Equipment Program funds, various law enforcement funds, Community Development Block Grant funds, COPS funds, and various transportation -related funds. 6.0 419 j DEPARTMENT REPORT 3-A a d z;i CITY COUNCIUS q v J UPCOMING DECEMBER 18 JANUARY 2 JANUARY 14-20 JANUARY 15 FEBRUARY 5 FEBRUARY 19 MARCH 4 MARCH 13-16 MARCH 18 CITY COUNCIL MEETING BOB HOPE CHRYSLER CLASSIC CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING LA QUINTA ARTS FESTIVAL CITY COUNCIL MEETING ®. i 419 LA QUINTA CITY COUNCIL MONTHLY CALENDAR December 2007 Sunday...Tuesday 6< � )�' t. .'�i•i .. 13; "£.E aS t: �;f.., V1,3.g . .t•€. e�af f'i iti )��:': x::Y §•{'`r ' .;. y P, .i.i ¢:.le i'1:':'x::: £:3£n�),. 5 £e'41.�:: <'.i i�`.':j€� { ' ':3.¢F.i•`i Ykr':.FE<xr,, J.; {; ^lv E '?'S"e;<`:a )i Y3<x Y 3 ti )i 4?•1 , x }3i 4i ail :' .; 2.t �F it .. :'; f.1{5'F i• Fp.§4Y•�'(i x,3a .£1..51 I �F < F': Yi (Efi'� 'i3E�' 11 2 3 4 5 6 7 8 6:00 PM Exec. Came 3:00 PM City Council 10:00 AM ALRC 6:00 PM - 10:00 PM Adolph Meeting 12:00 PM SunLine Employee Recognition Transit -Adolph Dinner 11:30 AM - 1:30 PM Holiday Open House 9 10 11 12 13 14 15 10:00 AM Pub. Sity-Kirk 7:00 PM Planning 9:00 AM RCTC 11:00 AM CVCC Sniff 12:00 PM Transp-Kirk Commission 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 Cote. vation Commission 12:00 PM HCRC Osborne 23 24 25 26 27 28 29 9:00 AM LAFCO- Henderson Christmas Eve(CITY Christmas Day CITY HALL CLOSED) HALL CLOSED 30 31 f <`) November07 3',3;` ° t i,' January08 _ •� p; s''< S M T W T F S o4';t":;,Sx%x'=y:;r31''4: S M T W T F S °i 'S€ �. 1 2 3 r .....�. ;,s 1 2 3 4 5 `'"l;x 4 5 8 7 8 9 10 `?;' 6 7 8 9 10 11 12 New Years Eve (CITY �, 11 12 13 14 15 16 17 .sj );'�;iis""32=1F')z,E€ 13 14 15 16 17 18 19" HALL CLOSED) IB 19 20 21 22 23 24 :''$ k'4 20 21 22 23 24 25 26 25 26 27 28 29 30 ;..p F•e e•,'1,v+''' 27 28 29 30 31 iF£F Printed by Calendar Creator Plus on 12/13/2007 . / ZD LA QUINTA CITY COUNCIL MONTHLY CALENDAR January 2008 MondaySunday 11 ..Saturday 2 3 4 5 December 07 ,� 10:00 AM ALRC 12:00 PM Mayors Lunch 9,00 AM - 4:00 PM SJSR S M T W T F S ++ Nil. Mnmt-Henderson 2 3 4 5 6 7 8 .; 9 10 11 12 13 14 15 New Years Da CITY , 16 17 18 19 20 21 22 HALL CLOSED 23 24 25 26 27 28 29 30 31 rF 6 7 8 9 10 11 12 7:00 PM Planning 9:00 AM RCTC- 9:30 AM Animal Campus - Commission Henderson Henderson 4:30 PM Investment 11:00 AM CVCC-Sniff Advisory Board 12:00 PM Energy) Environs Sniff 13 14 15 16 17 18 19 10.00 AM Pub. Sfty-Kirk 3:00 PM City Council 10:00 AM Homelessness 3:00 PM Historic Preser. 9:00 AM CVA Henderson 12:00 PM Tramp Kirk Meeting Care. vation Commission 3:00 PM Mtns. 12:00 PM HCRC Osbome Consversancy Kirk 5:30 PM Community Services Commission 6:00 PM League Henderson [ Bob Hoe Ch sler Classic 20 21 22 23 24 25 26 7:00 PM Planning 12:00 PM Sunline-Adolph 9:00 AM LAFCO Commission 4:00 PM J.Cochran Reg. Henderson Airp-Osborne Martin Luther King's Birthday (CITY HALL CLOSED) Bob Hope Chrysler Cl 27 28 29 30 31 10:30 AM RCTC Budget- z,;y..:1;. February .0... Fe y B Henderson 6:00 PM Exec Cmte. S M T INT F S Adolph 1 2, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ` 24 25 26 27 28 29 Fy Printed by Calendar Creator Plus on 12/13/2007 a" 421 LA QUINTA CITY COUNCIL MONTHLY CALENDAR February 2008 :el ;:4j�yya),i !F'4Y. ,r.Y'•'iF£,< " '„�fS. yk}.i,�.<,� � �// •f' ) .i .1t FFifi •r �. aR1:�Y�, frl€ gt?..i n§r'°I r.)�t 'f §•$'n EFs`'`+ / =r, k2�r".0 £.F'¢'z 5 � Y))..r •'.;.;:'£!£k §r,.Y.YN§:F?F 2 , =1March January. <'''tF11M7 ;', i�`.;<f; T W T F S€;I• ;?` rg3•. x;. S M T W T F]25 I 2 3 46 7 8 9 10 71 +v 4 5 6 7 B ''I fi?�Y�;s,`13 14 15 16 17 18+}•^, 11 12 13 14 1520 21 22 23 24 25 + 18 19 20 21 22 ° 's;";g 23 24 25 26 27 28 29 i< 27 28 29 30 31 31 Id I NY•ll' 4kk a. 'i :8' (i jt 1 zr ) 4F 4 r r4 3 4 5 6 7 8 9 3:00 PM City Council 10:00 AM ALRC Meeting 10 11 12 13 14 15 16 10 00 AM Pub. Sfty Kirk 7:00 PM Planning 9:00 AM RCTC- 11:00 AM CVCC-Sniff 9:00 AM CVA-Henderson 12:00 PM Transp.Kirk Commission Henderson 12:00 PM Energyl 5:30 PM Community 4:30 PM Investment Environs Sniff Services Commission Advisory Board 6,00 PM League Henderson Valentines Day 17 18 19 20 21 22 23 3:00 PM City Council 10:00 AM Homelessness 3:00 PM Historic Preser- Meeting Caere. vation Commission 12:00 PM HCRC-Osborne President's Day (CITY HALL CLOSED) 24 25 26 27 28 29 10:30 AM RCTC Budget - 7:00 PM Planning 12:00 PM studies Adolph 9:00 AM LAFCO- Henderson Commission Henderson 6:00 PM Exec Came: ,,,,i ;;�'x •' Adolph Printed by Calendar Creator Plus on 12/13/2007 e G DEPARTMENT REPORT: TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety ` DATE: December 18, 2007 RE: Department Report - November, 2007 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of November. Also included are Monthly Executive Status Reports for Vista Dunes Courtyard Homes, the City Hall Expansion, and the Museum Expansion. The statistical summaries depict the following highlights: • Year-to-date building permit valuation is $146,377,880 which represents an issuance of 2,948 building permits through November; • Animal Control handled 2,674 cases through November; • Code Compliance initiated 2,489 cases through November; • Garage sale permits generated $1,369 in revenue through November. 80 M I O N O r O N I O l 0 0 0 W 0 0 0 0 YIN g O r n m N O O q . t o e. (1 d O O r I I . . ... . . . . . I N I H N W m O m O M M m N OOWWONVIN Ow I p7 I N d O r W w N 10 gW V NAMmrm Oo 16w1 I NON Nm1 N ri0 IOdN.-I mr'Im mN I I m W ei Nmri rei W.-IN '1N.-I W N I 1 N m m m 1 1 N mq� zz 1 W f1 I N 0.' 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LO 00) W� �W v or tN +) 0 O co O M OO (0 r N N N t0 CO OM co 0 �C coNN co f0 4 t7 N rna r0 O)m n W (00 AO (0, �r r NN .- I W NrjM r .Or r W O ONO w N N N-0 co 00 r O) Q c�7N )M ca N N r N M W W N M r r N m yy OD M W) N V M N N O Q) N t�O 000 N r0) '0 N N co M O V M N co M W W N � N W co W O Ito r Inr.— 0) O a NOODOI O In P! U N d q C p W N N c v H toz W _ W O WZ OH W CZ IL F c y W O � Z 20 m r2 W W ~QmQ v O 'o 'O '0 0 E C,J W a UO NN Y Q a aO1%W 7zaRJZ dQ pd O) a = 'O yr LL CO 'O w Z E f Zd W E QQU dtgU � O N S U) JE OSO n0 V mU ! 2 n O OF U O0 lnOQW = 0)U20)N W z 3 > m m ax =�a s 427 IZAVICONSTRUMN, INC. Monthly Executive Status Report City of La Quinta City Hall Expansion Presented to the City of La Quinta: December 4, 2007 For the Month of November, 2007 • Provided permanent power for the entire expansion project (contacted elevator inspector) • Drywall, tape and mud for work areas have been completed • Completed skylight installation in WA #5 • Completed exterior paint and matched the existing building with the expansion • Installed and completed ceramic the in restrooms (WA #4, #5 & #6) • Completed all work in WA #1 & WA #2 • Commenced flatwork around expansion • All fire sprinkler piping and heads have been installed and are ready for final inspection Schedule Performance Project to Date: On time • 15 working days delayed (Design Issues) - WA #6 sewer ejector pit area. We have been at a stalemate for 2 weeks awaiting design details from the architect and structural engineer who has stated this is not their scope. Item resolved. • 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 Budget Performance Project to Date: Under Budget Total Awarded Contract Amount 8,700,000 Contingency 1,400,000 Total Available Budget Contract Award plus Contingency) 10,100,000 Change Orders To Date 81 1,054,391 Contingency Used To Date 1,054,391 Current Cost Commitments(original bid + change orders 9,754,391 Uncommitted Available Budget Remaining 345,609 Current Commitments as % of Total Available Budget 96.6% Safety Performance Project to Date No claims due to injuries or safety violations. Upcoming Month's Priorities/Key Activities (December, 2007) • Complete installation of all millwork • Delivery of all FF&E's for WA's #4, #5 & #6 • Paint and carpet existing interiors to match expansion • Install doors and storefronts for all areas • Complete and turnover completed expansion project to client (south parking lot excluded) 6 (ONSTRUCTION, INC. 7A7P )'T?9td';5'aC+}r. M' I 1 5 - ad n.:. tGl'F, q" a Glendora Beverly Hills San Clemente LaQuinta Las Vegas Monthly Executive Status Report City of La Quanta Vista Dunes Courtyard Homes Presented to The City of La Quints: December 4, 2007 For the Month of November, 2007 • No negative community related problems/issues reported. • Formed and poured pool; initial gunite inspection conducted 1 1 /27/07. • Installed site dry well 11 /27/07. • Removed project trailer 11 /28/07; project staff relocated to Units # 179 (CM) & # 180 (GC). • Completed Common Building MEP, door & window installation; installed insulation, drywall, and light fixtures. Completed Maintenance Building framing and MEP. • Continued installation of steel (to Cluster 8) and CMU wall (to Cluster 6) at unit carports. • Continued installation of unit cabinets, in progress to Cluster 7. • Completed stucco installation on unit exteriors. • Continued unit exterior painting: base coat complete to Cluster 11; accent color complete to Cluster 7. Continued unit interior paint to Cluster 9. • Completed fire protection, mechanical & electrical rough -in in units. • Continued insulation installation in units; nearing completion in Cluster 12 and inspected through Cluster 11. • Continued drywall installation; in progress to Cluster 11. • Continued solar panel framing installation; nearing completion. • Began landscape irrigation installation; in progress. • Began installation of carport perforated metal overhangs. • Began installation of CMU patio walls; complete to Cluster 6. 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 9 : 884,548 Contingency Used To Date: 884,548 Current Cost Commitments (original bid + change orders 22,284,548 Uncommitted Available Budget Remaining 1,615,452 Current Commitments as % of Total Available Budget Safety Performance To Date • One lost time accident and worker's compensation claim due to injury occurred 9/07. upcoming Month's Priorities/Key Activities (December, 2007) • Continue with measures to achieve LEED certification and Fair Housing Act approval. • Complete carport steel/CMU wall and CMU patio wall installation at units. • Complete Maintenance Building; complete insulation and drywall in the units. • Complete paint on unit exteriors. • Begin site landscaping and exterior lighting installation. .7' 429 Monthly Executive Status Report City of La Quinta Museum Expansion Presented To The City of La Quinta: December, 2007 For the Month of November, 2007 • Installation of Maxwell IV drywell system per LQ Public Works • All windows and doors have been installed • Installation of all fire piping (protection) • Inspection of all MEP's (rough -ins) • Installation of ceiling tiles Schedule Performance Project to Date: Schedule calls for • Contract award - 4/03/07 • Notice to proceed — 6/25/07 • Construction completion - 4/15/08 • Closeout - 5/15/08 Budget Performance Project to Date Contract Amount $2,500,000 Contingency 200,000 Total Available Budget Contract plus Contingency) 2,700,000 Approved Chan e Orders To Date 8 102,623 Contingency Used To Date $102,623 Current Cost Commitments (original bid + change orders 2,602,623 Uncommitted Available Budget Remaining97,377 Current Commitments as % of Total Available Budget 96.4% 11 Performance Prolect To • No Lost Time or Claims due to injuries or safety violations. e No on -site accidents to date. Upcomina Month's Priorities/Key Activities (December. 20071 1 • Installation of fire hydrant & tie in to detector check • Installation of dry utilities (IID/Verizon/Time Warner) • Installation of all exterior ceramic tile • Commence piping and conduit run for water feature *8 430 DEPARTMENT REPORT: Jr FCC. �tQ' F`y oF'[KEO TO: Honorable Mayor and Members of the City Council FROM: Edie Hylton, Community Services Directory* DATE: December 18, 2007 SUBJECT: Community Services Department Report for November 2007 UPCOMING EVENTS FOR THE MONTH OF JANUARY 2008: Jan 1 Tae Kwon Do, La Quinta High School Jan 1 Zumba, Senior Center Jan 2 *Conventions Bridge Lessons Jan 2 *Defense in Bridge Lessons Jan 3 *Social Ballroom & American Latin Jan 4 *Ageless Action AMEX Jan 7 *Intermediate Watercolor Jan 7 *Hooked on Loops Jan 7 *Mat Pilates Jan 7 Jazzercise, La Quinta Fitness Center Jan 7 Beginning Computers, Senior Center Jan 7 Jazzercise, Senior Center Jan 7 Desert Adventure Boot Camp, La Quinta Park Jan 8 *Beginning Tai Chi Jan 8 *Advanced Tai Chi Jan 8 * Hatha Yoga Jan 8 *Nutrition Class Jan 8 *Watercolor Jan 8 Adobe Photoshop Basic Course, Senior Center Jan 8 Personal Touch Body Sculpting, Senior Center Jan 8 Intermediate Belly Dancing, La Quinta High School Jan 9 Adobe Photoshop Professional Version, Senior Center Jan 9 Microsoft Word, Senior Center Jan 9 *Self -Publishing Jan 9 *Sketch & Draw Jan 9 *Tap Technique Jan 10 *Tai Chi for Everyone Jan 10 *Dress w/ Pizazz Jan 10 Adobe Photoshop Intermediate Course, Senior Center Jan 10 Dance, Play, Pretend, La Quinta High School a_0 431 Jan 10 Beginning Ballet, La Quinta High School Jan 11 *Beginning Bridge Lessons Jan 11 *Welcome New Year 2008 Evening Dance Jan 14 Baby Signs Parent Workshop, Senior Center Jan 15 *Adult CPR/ Basic First Aid, Senior Center Jan 17 *Chili Cook -Off Luncheon Jan 17 Beginning Belly Dancing, La Quinta High School Jan 18 Pillars of the Community Event, Civic Center Campus Jan 22 *Dog Training Jan 23 *Acrylic Painting Jan 23 Acrylic & Watercolor Painting, Senior Center Jan 24 *Mature Driver Jan 26 Adult CPR/First Aid, Senior Center Jan 28 Sign, Say, & Play, Senior Center *Daytime Senior Center class or activity or 432 Community Services Program Report for November 2007 2007 2006 2007 2nnR Participants Participants Variance Meetings Meetings Leisure Classes Ballroom Dancing 13 11 2 4 4 Adobe Photoshop Adv 4 0 4 1 0 Guitar - Inter 8 8 0 4 4 Beginning Ballet 15 10 5 4 4 Dance, Play & Pretend 13 27 -14 4 8 Acrylic Painting 6 0 6 4 0 Zumba 23 0 23 12 0 Beginning Bellydance 81 7 1 3 4 Microsoft Excel 81 6 2 4 5 Photoshop Pro 21 0 2 4 0 Totals 1001 69 31 44 29 2007 2006 2007 2n06 Participants Participants Variance Meetings Meetings Special Events Carlsbad Village Faire Excursion 25 50 -25 1 1 Veteran's Day Acknowledgement 160 160 0 1 1 Trails Day Event/ Stargazing 95 130 -35 1 1 Totals 280 340 -60 3 3 2007 2006 20n7 2nnR Participants Participants Variance Meetings Meetings Adult Sports Open Gym Basketball 74 208 -134 20 20 Fitness Center 351 97 254 20 20 Adult Soccer League 220 180 40 3 3 Totals 645 485 160 43 43 Recreation Totals 1,0251 8941 1311 90T 75 4.3 3 Community Services Department Attendance Report for the Month of November 2007 Summary Sheet Program 2007 2006 Variance Sessions Per Month 2007 2006 Leisure Classes 100 103 -3 44 65 Special Events 280 210 70 3 2 Adult Sports 645 485 160 43 43 Senior Center 1631 1201 430 122 92 Total 2,656 1,999 657 212 202 Senior Services Senior Center 293 198 95 16 16 Total 293 198 95 16 16 Sports User Groups La Quinta Park Use AYSO 1200 1550 -350 19 21 F C La Quinta 15 15 0 2 2 Desert Club Chivas 60 0 601 5 0 La Quinta FC 15 0 15 4 0 Sports Complex LQ Sports & Youth 120 75 45 13 18 PDLQ Football 225 220 5 10 11 Pop Warner Football 160 0 160 7 0 C V Rattlers 25 0 25 2 0 Col. Paige School AYSO 450 0 4501 4 0 Facility/Park Rentals Library Classroom 750 1400 -650 15 28 Multi -Purpose Room 400 850 -450 3 6 Senior Center (Private Party) 800 200 600 5 1 (Church) 300 300 0 4 4 Civic Center (Private Party) 50 0 50 1 0 Park Rentals La Quinta Park 350 50 300 4 1 Fritz Burns Park 50 0 50 1 0 Total 4,970 4,660 310 991 92 Total Programs 7,919 6,857 1,062 3271 310 Volunteer Hours Senior Center 2221 3161 94 Total Volunteer Hours 222 316 -94 434 Monthly Revenue Report for November 2007 Monthly Revenue - Facility Rentals 2007 2006 Variance Library " 1 $ 590.00 $ 4,212.50 $ (3,622.50) Senior Center 1 $ 3,747.50 $ 2,590.00 $ 1,157.50 Parks $ 650.00 $ 120.00 $ 530.00 Sports Fields $ 827.00 $ 171.25 $ 655.75 Monthly Facility Revenue $ 5,814.60 1 $ 7,093.75 $ (1,279.25) Monthly Revenue Senior Center $ 5,813.00 $ 4,735.00 $ 1,078.00 Community Services $ 2,928.00 $ 1,455.00 $ 1,473.00 La Quinta Resident Cards $ 3,060.00 $ 4,395.00 $ (1,335.00) Fitness Cards $ 525.00 $ 90.00 $ 435.00 Total Revenue $ 12,326.00 $ 10,675.00 $ 1,651.00 Revenue Year to Date Facility Revenue $ 30,658.00 $ 38,457.00 $ (7,799.00 Senior Center $ 31,611.00 $ 27,739.50 $ 3,871.50 Community Services $ 26,778.50 $ 19,337.00 $ 7,441.50 La Quinta Resident Cards $ 8,790.00 $ 14,805.00 $ (6,015.00 Fitness Cards $ 2,830.00 $ 1,530.00 $ 1,300.00 Total Revenue to Date $ 100,667.50 $ 101,868.50 $ (1,201.00 The Library multi -purpose room is no longer rented out effective Sept. 1, 2007; the Senior Center is now proposed to patrons as an alternative rental location. n 05 Senior Center Attendance Senior Center Program Report for November 2007 articipatlon Participation Variance Meetings Meetings 200 006 2007 2006 Senior Activities ACBL Bridge 401 370 31 4 5 Bridge, Duplicate/Social/Party 494 293 201 14 13 Dinner & Show 72 68 4 1 1 Investment Club 11 0 11 2 0 Monthly Birthday Party 35 30 5 1 1 Monthly Luncheon 142 88 54 1 1 Movie Time 45 46 -1 4 4 Putting Contest 6 4 2 3 1 Tennis Club 16 0 16 4 0 Walking Club 7 0 7 10 0 Senior Activity Total 1229 899 330 44 26 Senior Leisure Classes Acrylic Painting 4 0 41 4 0 Arts & Crafts 14 -141 4 Ballroom Dance 25 15 10 4 4 Bridge Classes 23 36 -13 3 5 Computer Classes 22 18 4 5 6 Dress w/ Pizazz 3 0 3 1 0 Exercise 34 41 -7 12 12 Golden Tones 55 44 11 4 3 Hatha Yoga 11 0 11 3 0 Hooked on Loops 7 2 51 3 1 Hot Latin Dance 14 0 141 2 0 Issues of the Day 41 0 41 3 0 Jewelry Making 3 0 3 1 0 Pilates 12 7 5 8 3 Quilting 32 34 -2 4 4 Sketch & Draw 15 19 -4 4 5 Tai Chi 11 26 -15 4 4 Ukulele Players 48 0 48 5 0 Watercolor 16 19 -31 4 4 Woodcarvers 26 15 11 4 2 Senior Leisure Classes Total 402 290 112 78 57 TOTAL SENIOR PROGRAMS 1631 1189 442 122 83 Senior Services Health Screening - Carotid Artery 13 6 71 1 1 FIND Food Distribution 131 87 44 4 2 HICAP 10 7 3 3 3 I D Energy Assistance/No fee 8 29 -21 3 4 Legal Consultation 5 6 -1 1 1 Notary Service 3 0 3 2 0 November Seminars 97 26 71 3 8 CAP, On the Ball Training, Arthritis Foundation Tai Chi; Woman, Wisdom & Wealth. Volunteers 26 29 -3 n/a n/a TOTAL SENIOR SERVICES 293 190 96 16 19 SENIOR CENTER TOTAL 1924 1379 5381 1381 102 436 _ _ 2007 2006 Variance er H Volunteours Senior Center 222 316 -94 Volunteer Total: 222 316 -94 Revenue Senior Center Revenue $5,813.00 $4,735.00 $1,078.00 Revenue Total: $5,813.00 $4,735.00 $1,078.00 Nov-07 a n 437 Parks Activities Updates For November 2007 The pump for the ozone generator at the Civic Center Campus broke over the'Thanksgiving holiday weekend. The ozone generator is used to maintain the lake water clarity, but because of the cool season, the pump can remain off for repairs without affecting the lake conditions. Staff is currently receiving bids for the pump repair. Fritz Burns Park was vandalized by a group that the Police have been investigating for several months. One member of the group has already been prosecuted, thanks to the La Quinta Police, but the others in the group still continue to be a problem. This week, they painted their markings on the tennis wind screens along with the irrigation controller. The interior tennis screens were removed. The removal of the screens will eliminate areas for future graffiti as well as allowing better visual surveillance of the property. The screens along Avenue 52 and around the City Maintenance Yard still remain in place. The swings at Monticello Park were removed by vandals. It looks like the swings were cut off by using bolt cutters. The two regular and two tot swings were ordered and then replaced along with new chains. 0' OR DEPARTMENT REPORT: s— ` LaA-4 `�Qr T-s F Cf' OAS y OFT TO: Honorable Mayor and Members of the City Council FROM: Edie Hylton, Community Services Directo O� DATE: December 18, 2007 SUBJECT: Community Services Department Report on the Bob Hope Chrysler Classic Event Related Items Per the Amended Agreement between the City and Desert Classic Charities, the City has received tickets for a table of ten to attend the Bob Hope Classic Ball, January 13, 2008, 5:30 p.m. - 11:00 p.m. and ten passes to the Bob Hope Club. The City Manager's Executive Assistant will be contacting the City Council Members regarding these items in the near future. The City will also receive one thousand passes to the Tournament play at SilverRock Resort Tournament Course. These passes, once received, are planned to be raffled off to SilverRock Resort Resident Card holders and City residents the first week of January 2008. City staff and Landmark will coordinate and publicize the raffle through promotion at the golf course, La Quinta Sun, and e-mail blasts to SilverRock Resort Resident Card holders. U 439 Department Report: / i .tcEc:i�4 O4`' TO: The Honorable Mayor and Members of the City Council FROM: Les Johnson, Planning Directo DATE: December 18, 2007 U SUBJECT: Department Report for the Month of November 2007 Attached please find a copy of the Planning Department Report which outlines the current cases processed by staff for the month of November. PAMonthly Report Folder\NOVEMBER 2007.doc 1 H Z cw C m Q d w p O Z_ Z z Q a H Oc O a w z w cc Q a w p r, O O N C: w in 2 w O Z pw Z O F- H a g U Z) a U E w N p w Y U a a a a a a a a a a a a a a a a a 2 0 m a) a) m m m m m m m m m a) m m a) U E E E E E E E E E-5 E E E E E E E L a CL o -0 m a a a .0 .0 o .0. n -0 -0 a a Z J M a) 7 7 7 7 7 m 7 m 7 M 3 7 7 7 7 7 7 a C — °. 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Jonasson, Public Works Director/City Engineer DATE: December 4, 2007 SUBJECT: Public Works Department Report for November 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. 5. Memorandum concerning improvements to Calle Estado in connection with the Estado Plaza project. C$Publoic thy R. on n Wor Di ctor/City Engineer q,1 4�Z K Q h y 2 Y W J H 2 r d N 50)"LU y W W m O p w U �3M0 U U Ui J m > Q' aw y Z W N F U H � O O O O O O O 00 O O O O O O O O O O O NO O O O O O O O r o O O O O O O O O N O w O O O O O 00 00 O O O O O O O O O O O Ot 0 O O O O 00 00 O O O O O 0 0 O O O O 14 O O O O O O O O O O O O O W J ^�6 N Q U? 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YN > � � o t omc V=CCn N O w Q n Orp G m O y 0 d O , c O C NLL �N E Xin NaN NN cc 14 in U N li cc a 0 e a y >' O V N C 7 � > ° O O -p o U r C >, >. Y Y c Y U � >i 3 N d � o 0 a N� F N Q y r � -° F m 3 m ~ � o o � " E 0 o a rn o 'D ci d m d 0 .0 m OI CLL O � C F LY Y IO C Y p p U 7 • p C U 0 � U O m E LO O Y m ON N Q) ^ MONTHLY SUMMARY OF PUBLIC WORK TASKS MONTH OF: November, 2007 Employee's Hourly Labor Breakdown Crew#1 Crew #2 Crew #3 Maint. Mg. Code Activity __'5 _Men 4 Men 2 Men 1 Man Total 1000 Policing/Inspection 33 89 5 5 132 1001 Pot Hole -Repair/Patching 6 22 0 1 29 1002 Crack/Joint-Repair 0 0 0 0 0 1003 Pavement Marking/Legends 0 0 0 0 0 1004 Pavement Marking/Striping 0 21 0 0 2 1005 Curb Painting 0 41 0 0 4 1006 Other Traffic Controls 10 211 0 01 31 1007 Curb & Gutter Repair/Const. 0 ill 0 01 11 1008 Other Concrete Repairs/Const. 0 11 0 0 11 1009 Street Sign Install (New) 6 20 0 0 26 1010 Street Sign Repair/Maint 38 35 0 0 73 1011 Debris Removal 23 29 0 5 57 1012 Right of Way Maint. 2 18 25 1 46 1021 CLEAN Catch Basin Inlet/Outlet 2 5 0 0 7 1022 Rondo Channel Outlet/Vault 0 01 0 01 0 1022A Desert Club Outlet[Vault 0 71 0 01 7 1023 S.D./ D.W./C.B. Repair/Maint. 0 16 0 2 18 1024 Gutter/Median Sand Removal 0 18 0 0 18 1025 Street Sweeping (Machine) 111 3 0 0 114 1026 Street Sweeping (Hand) 0 0 0 1 1 1027 Sidewalk/Bike Path Cleaning 0 0 6 0 6 1028 Dust Control 0 0 0 0 0 1029 Flood Control 7 01 16 21 25 1031 Parks/Retention Basins Inspection/Clean-L 4 71 52 1 64 1041 Irrig/ Weeding, Shrubs & Tree Trimming 44 44 90 4 182 1051 Landscape/Irrigation Contract Managerner 0 4 30 10 44 1052 Lighting/Electrical Contract Management 0 0 0 12 12 1061 Small Tools Repair/Maint. 0 0 0 0 0 1062 Equipment Repair/Maint. 5 0 0 0 5 1063 lVehicle Repair Maint. 25 2 0 01 27 1081 Trash/Litter/Recycable Removal 0 21 0 0 2 1082 Vandalism Repairs 0 01 0 0 0 1083 Graffiti Removal 160 501 10 9 229 1084 Maint. Yard Building Maint. 11 0 0 0 1 11 1085 Seminars/Training 37 44 12 8 101 1086 Special Events 0 0 0 0 0 1087 Citizen Complaints/Requests 78 3 4 0 85 1088 IMeeting 3 31 6 14 54 1089 lOffice (Phone, paperwork, reports, Misc.) 15 18 8 33 74 SUBTOTAL 620 516 264 108 1508 1091 Over Time 8 12 12 0 32 1094 Jury Duty( 0 0 0 16 16 1095 Sick Leave 28 20 8 8 64 1096 Vacation 32 0 0 4 36 1097 Holiday 120 96 48 24 288 1098 Floating Holiday 0 0 0 0 0 1099 Worker Comp/ Bereavement 0 8 0 0 8 SUBTOTAL 136 681 521 1 444 1-1881 TOTAL HOURS 8081 6521 3321 1601 1 1952 TOTAL MILES 32021 36681 11511 1981 1 8219 NO 462 T4t�t 4 4 Qum& MEMORANDUM TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, Public Works Director/City Engineer DATE: December 12, 2007 SUBJECT: Improvements to Calle Estado in connection with the Estado Plaza project. This memorandum is in response to deviations from the prototypical streetscape design standards for Calle Estado that were made by the developer of the Estado Plaza Project. The original precise grading plan for the Plaza Estado project showed incorrect top of curb elevations. This error was compounded when the developer's contractor, engineer and surveyor did not cross check top of curb and pad elevations at the time the foundation was poured. Despite these unfortunate circumstances, staff worked with the developer to solve the problem. The original precise grading plan for the Plaza Estado project was approved on September 14, 2006. The original precise grading plan showed elevations that complied with the California Building Code (CBC). Unfortunately, the contractor, developer's engineer and survey company did not cross check top of curb and pad elevations at the time the foundation was placed in late 2006. Also, the developer's engineer did not verify correct the curb elevations in the original precise grading submittal to the City. These omissions resulted in an undetected curb elevation "bust" until late October, 2007, when the building was nearing completion. California Building Code requirements for exterior level landings (maximum 2% cross and longitudinal slope) necessitated the raised elevation of the sidewalk adjacent to the curb. The developer and staff worked cooperatively to find a solution. A front sidewalk without the seat wall would have created an excessive planter slope and trip/slip/fall hazard in order to match up to the as -built street condition. Therefore, the seat wall was the only solution other than tearing down the building or reconstructing the street and curb line. 0 453 After initial submittal in September 2006 the developer's engineer submitted a revision to the original precise grading plan which was approved on September 28, 2007. This revision changed various items and revised the front planter to address the CBC requirement for a maximum 2% landing at the building front doors. Unfortunately, as mentioned previously the original plans as well as the first revision did not call out accurate top of curb street elevations. The second revision, which finally showed the correct curb elevations (and the seat wall) was submitted to the City on October 29, 2007. This revision was approved by staff on December 10, 2007. y 0 454 Department Report: LA UI TA P@LICL Served by the Riverside County Sherfs Deparunent Police Department Monthly Report November -- 2007 Prepared for ".a, 455 La Quinta Police Department SIGNIFICANT ACTIVITY REPORT Captain Colleen Walker Chief of Police (Number in parenthesis denotes number of calls for service that day.) 11/01 Thursday 017) 0950 hours - Deputy Abrego conducted a pedestrian check at Vallejo x Monterey. Ralph Nieto was arrested and booked into the Indio Jail for a felony violation of parole warrant and giving a false name to a peace officer. 1900 hours - SET Team Deputy Glasper conducted a pedestrian check at Via Melodia and Via Boldero. He arrested Jason Ferreira for possession of methamphetamine, possession of drug paraphernalia, and receiving stolen property. Ferreira was booked into the Indio Jail. 40 hours- Deputy Bawdon responded to a traffic collision at the round -a -bout at Jefferson Street and A nu 12. Investigation revealed that Sterling Elise Stazk was unable to make the fora into the round-a- bou and drove straight onto the center island striking the curb and a palm tree. Stazk was transported to JFK ospftal for medical clearance then booked into the Indio Jail for driving under the influence. 23401urs- Deputy Bloomquist responded to a disturbance in the 53300 block of Avenida Ramirez. He arrestedJoe Delariva for misdemeanor domestic violence. Delariva was booked into the Indio Jail. 1501 hours — Deputy Diaz responded to the 45400 block of Desert Fox regarding the fraudulent use of a credit c d. Deputy Diaz's investigation led him to an address in Indio where he contacted Daniel Bravo, a family iend of the victim, who admitted to the crime. Bravo was arrested and booked at the Indio jail. 2114 him- SET Team Deputies conducted a vehicle stop at Hidalgo and Herrera. Arrested for DUI, Dmgs afid child endangerment was Saul Agustin and Adrian Herrera. A search warrant was obtained for the susp ct's residence in the 77000 block of Hidalgo and deputies located a handgun. Both suspects were booked t the Indio jail. 0330 hors- Deputy Bawdon arrested Rene Reyes for being under the influence of a controlled substance during a pedestrian check in the 51800 block of Avenida Velasco. Reyes was transported to JFK Hospital for medi al clearance and then booked into the Indio Jail. 2045 ho s- Deputy Berry responded to a report of a domestic disturbance in the 77100 block of Calle Sonora. Tanya Vince had punched her husband in the face four times causing lacerations to his head and face. V' ce was arrested for felony domestic violence and booked into the Indio Jail. 0121 hors- Dep. T. White and Sgt. Baur observed a vehicle traveling at a high rate of speed. When Dep. T. Whit attempted to stop the vehicle it accelerated and fled. The vehicle, a red track, was later located in the 537 0 block of Ave. Alvarado. The driver, Justin Catlin, was injured while running from the location. 0 ' 456 Dep. White located Callin and subdued him Callin was found to be driving under the influence. He was taken to JFK for a medical clearance and later booked at the Indio Jail for DUI and delaying a peace officer. His vehicle was towed and stored. 1241 hours — Deputy Fiebig responded to the Target department store regarding a theft in progress. At the location, Deputies detained Jose Solario who was in possession of the items stolen from the Target. Solario was arrested and booked into the Indio Jail. 1430 hours — Deputy Schofield responded to Wal-Mart regarding a shoplifter in custody. Jose Pinela had left the store with five watches which he did not pay for. Pinela was cite released for shoplifting. 11105 Mondav (83 0831 hours — Deputy Donowho conducted a pedestrian check at Hwy. 111 and Depot Dr. Caesar Velez was found to be highly intoxicated. Velez was arrested and transported to the Indio Jail and booked for public intoxication. 1752 hours - Deputy Smith responded to Target in reference a theft in progress. Deputies arrived and detained Justin Brittain and Patrick Hanlon. Brittain was arrested for burglary, committing a felony on bail and a previous burglary he was not in custody for. Hanlon was arrested for conspiracy, theft with priors and a previous burglary he was not in custody for. Both suspects were booked at Indio Jail. 11/06 Tuesday (110) 1614 hours —SET Team deputies responded to Kohl's department store regarding a theft. Erica Ortiz and her sister, Tiffany Ortiz, were arrested for Commercial Burglary. Both were transported and booked at the Indio Jail. 1930 hours- Inv. Loureiro and Deputy Oseguera conducted a traffic enforcement stop at Avenida Ramirez and Calle Chillon. Francisco Abreu was arrested for being under the influence of a controlled substance and booked into the Indio Jail. 2350 hours- Deputy Bawdon conducted an unoccupied vehicle check at Highway I I I and Depot Drive. Kevin Jones was seen approaching the vehicle with a gasoline can in his hand. The vehicle had apparently run out of gas at the location. Kevin Jones was found to be under the influence of a controlled substance and was arrested. A consent search of his vehicle produced a stolen cellular telephone, which was taken during a theft in the parking lot of the Target store in La Quinta. Silver dinner plates, audio equipment, a laptop computer, and a small safe were also located in the vehicle. Jones was arrested for being under the influence of a controlled substance and possession of stolen property. Jones was transported and booked into the Indio Jail. 11/07 Wednesday (133) 0900 hours — Deputies Taylor and Stillings conducted a vehicle stop at Auto Center and Hwy. 111. The driver was cited for driving on a suspended license and the passenger, Joel Sanchez, was arrested for possession of methamphetamine. Sanchez was transported to the Indio Jail and booked. 1845 hours — SET Team deputies conducted a pedestrian check at Hwy 111 and Adams St. and arrested Andrew Derragon for public intoxication. Derragon was booked into the Indio jail. 2200 hours- SET Team deputies contacted Aaron Darroch in the wash area near Calle Tecate and Avenida Madero, Darroch was arrested for public intoxication and possession of less than one ounce of marijuana. I� 457 2330 hours- SET Team Cpl. Perez was patrolling the area of Ave. 56 and Monroe St. reference past burglaries in the area. He located a vehicle reported stolen out of Orange County and arrested the driver, Jason Jordan. Further investigation led La Quinta SET Team deputies to a residence located in the 84100 block of -Ave. 58 where deputies learned that Jason Michael Mahan and Kim Green had driven the stolen vehicle to the residence. Both were located and taken into custody without incident. 11/08 Thursday (861 0930 hours— Deputy Wiggs conducted a traffic stop at Adams and Highway 111. The driver, Ernesto Sudea, was arrested and booked on an active misdemeanor warrant for street racing. 1500 hours— School Resource Officer Speir made contact with a student at La Quinta High School regarding threats made against other students. The suspect has a history of verbal disturbances at school and was arrested and booked at the juvenile hall in Indio. 1628 hours— Deputy Schofield responded to the 53900 block of Eisenhower in reference to a report of domestic violence. Monica Lopez had sustained minor scratches and abrasions. Jaime Herrera Lopez, the suspect, had fled the location and was being sought by deputies. 1710 hours— SET Team deputies were dispatched to an in progress theft call occurring at the KOHL'S. Deputies arrested Guadalupe Tejas. Tejas was booked into the Indio Jail. 1911 hours- Deputy R. Lopez arrested Jose Salinas, Lissette Ocon and Paula Valenzuela for commercial burglary and conspiracy at Wal-Mart. Salinas and Valenzuela were transported to JFK Hospital for medical clearance due to high blood sugar. Ocon was booked into the Indio Jail. 2110 hours- Deputy Bloomquist responded to a report of domestic disturbance in the 52800 block of Avenida Vallejo. Investigation revealed that Miguel Calleja Mendez had an argument with his wife, pushed her and locked her out of the house. Mendez was arrested for misdemeanor domestic battery and booked into the Indio Jail. 11/09 Fridav (153 1410 hours- SET Team Deputies conducted a pedestrian check at La Quinta Dr. and Auto Center Dr. and arrested Scott Segobiano for public intoxication. Segobiano was booked into the Indio jail. 1745 hours— SET Team deputies responded to La Quinta Target reference a theft. Veronica Delgado was arrested for shoplifting and booked into the Indio jail. 2145 hours- Deputy R. Smith responded to a domestic disturbance in the 52900 block of Avenida Velasco. Investigation revealed that Kelly Young punched his wife in the chest during an argument. Young was arrested for misdemeanor domestic battery and booked into the Indio Jail. 11/10 Saturday (79) 0118 hours- Deputy R. Smith responded to a report of a domestic disturbance in the 53900 block of Eisenhower Drive. The suspect, Jaime Herrera Lopez, had assaulted his wife on I1-08-07 and fled the scene prior to deputies' arrival. Lopez had returned to the residence and assaulted his wife again. He also broke the telephone and the victim's cell phone to prevent her from calling 911. Lopez was eventually located and taken into custody without incident at his mother's residence in Coachella. Lopez was booked into the Indio Jail for two counts of domestic violence, disabling a telephone (and cell phone) to prevent victim from calling 911, witness intimidation, and child endangerment. An EPO and a bail increase ($500,000) were obtained. 459 1447 hours — Deputy Fiebig responded to Wal-Mart for a shoplifter in custody. A 15 yr old male skateboarded to the store and was caught stealing items. He was released to his aunt. Charges will be filed. 1514 hours — While Deputy Fiebig was investigating a shoplifter caught by store security. Daisy Veronica Lopez came into the store with her two small children and a large empty bag. She was arrested for commercial burglary and booked at the Indio jail. Her two children were released to Lopez's husband, who was not with her at the time of the crime. 2028 hours — Cpl Smith responded to the 53300 block of Ave. Mendoza to investigate a report of domestic violence. Amanda Basquez was arrested for domestic violence after choking her mother. Basquez was booked into the Indio jail. 2145 hours — Cpl. Smith responded to Main St. and Avenida Bermudas to a reported public intoxication call. Margaret Lisk was arrested for public intoxication. 11/11 Sunday (601 1616 hours — Deputy Abrego responded to The Palms Country Club, in reference to two subjects detained at the location by security for trespassing. Juan Carlos Galvez was arrested for trespassing and possession of less than one ounce of marijuana. A juvenile was also arrested for trespassing and released to his parents. Juan Carlos Galvez was cited and released. 11/12 Monday (85) No Significant Activity 11/13 Tuesday (119) 1350 hours — Corporal Dale responded to Kohl's Department regarding a possible fraud in progress. Adrian Sanchez was contacted and found to have an outstanding felony warrant for possession for sales of a controlled substance. Sanchez was transported to the Indio Jail and booked for the warrant. 1600 hours — Deputy Myers responded to the Wal-Mart regarding a shoplifting call. Deputy Myers arrested Yvette Rodriguez who was transported and booked at the Indio Jail. 11/14 Wednesday (97) 2152 hours- Deputy Candelas responded to a shoplifting call at Kohl's. Loss Prevention Officers had witnessed a male steal items and leave the store. Loss Prevention Officers followed the suspect's vehicle while giving the direction of travel to dispatch. Deputies located the vehicle in the area of Miles Avenue and Madison Street, Indio. Deputy Candelas arrested a 17 year -old juvenile for shoplifting. The juvenile was released to his parents. 11115 Thursday (72) 0745 hours- Deputy Feldman transported Alexander Lopez Gradillas to Mental Health in Indio for being a danger to himself and others. Gradillas had been traveling on the Sunline bus to La Quinta and had made comments to the driver about killing himself. 1050 hours— Deputy Amezcua conducted a pedestrian check at Adams and Highway 111. Ricardo Alvarado, a transient, was arrested for an outstanding warrant for possession of drugs. Alvarado was booked at the Indio jail. 11/16 Friday (80) 459 0215 hours- Deputy Ramsey located a male passed out behind the wheel of a brown Chevy Van on southbound Eisenhower Drive at Calle Durango. Donald Clifford Stone was arrested for driving under the influence and booked into the Indio Jail. 11/17 Saturdav (78 1255 hours- Deputy McAnallen arrested Johnny Solano for possession of a controlled substance and driving on a suspended license following a traffic stop at Highway I I I and La Quinta Drive. Solano was booked into the Indio Jail. 1307 hours— Deputy Wiggs responded to Kohl's regarding a shoplifter in custody. Froilan Lopez was arrested for stealing women's clothing and booked into Indio Jail. 1339 hours— Deputy M. Martinez responded to Wal-Mart regarding two subjects in custody for shoplifting. One female juvenile was cited and released to her mother and Maria Mendoza was booked into Indio Jail. 1540 hours— Deputy Fiebig responded to the 54800 block of Avenida Alvarado regarding a graffiti call. Investigation revealed that an unknown suspect spray painted slurs on the victim's garage door. It appears this is an ongoing dispute with a former friend. 2014 hours- Deputy R. Smith responded to a shoplifting call at Target. Investigation revealed that two adult males stole property from the store and fled the scene in a silver Nissan. Deputies located the vehicle at a residence in Coachella and contacted two juveniles regarding the theft. The juveniles were released to their parents and charges will be filed out of custody. 11/18 Sunday (58) 0823 hours — Deputy Russell responded to traffic accident at La Quinta Center and Hwy. 111. Eduardo Toriebo Jimenez was found to be driving under the influence of alcohol. Jimenez was arrested for driving under the influence of alcohol and transported to the Indio Jail. 1928 Hours Deputy Candelas responded to a report of juveniles being detained for alcohol violations and/or intoxication at the La Quints. Hotel. Medical aid was summoned due to the juveniles, intoxication level. One juvenile was combative and resistant to the medical attention by paramedics. Both juveniles were transported to JFK hospital in Indio for treatment. Family members took custody and control of the juveniles. 11/19 Mondav (93 1220 hrs. Deputies Taylor and Anderson investigated a burglary to a vehicle that had just occurred in the area of Nuevo and Dune Palms. Officers obtained both suspect and vehicle descriptions which were broadcast to other units. Suspect vehicle is registered out of Palm Desert and the La Quinta Set Team is following up case. 1330 hrs. Deputies Myers and Stillings arrested Jose Garcia for possession of narcotic paraphernalia at Target. 1920 Hours -- SET Team Deputies conducted a warrant service in the 5180 block of Avenida Bermuda. Three subjects were located in a storage room on the rear of the property. Two of the subjects, Anthony Garza and Jesse Andrade were arrested for narcotics and burglary warrants. Deputies also located Raul Marquez who, along with Andrade, was found to be in possession of heroin. All three were transported and booked into the Indio jail. 11/20 Tuesday (92 M 1400 hours — SET Team Deputies conducted a traffic enforcement stop at Dune Palms and Miles. Phillip Groneweg was arrested for two outstanding felony warrants for possession of stolen property. Groneweg was transported and booked at the Indio Jail. 1600 hours- SET Team Deputies responded to the intersection of Calle Monterey and Avenida Rubio in reference to a report of a suspicious subject walking around with a firearm. Deputies contacted the subject, Hussen Darkhlallah, in the 53200 block of Avenida Rubio. The subject was upset because he has been the victim of recent thefts and decided to go look for the possible suspects on his own. Darkblallah was transported to mental health for evaluation. Additional weapons were removed from his residence and taken for safe -keeping. 11/21 Wednesdav (89 0030 hours - Deputy T. White conducted a traffic stop at Avenue 58 x Madison. He contacted Dennis Burkett who was found to be in possession of burglary tools and stolen property from a nearby construction site. Burkett was arrested and booked into the Indio Jail for burglary and possession of burglary tools. 1309 hours —.Deputy Russell responded to a domestic violence call in the 54300 block of Eisenhower. Investigation revealed that a female had been choked by her male companion. Both the victim and suspect were juveniles. The male suspect was taken into custody for domestic assault and for making terrorist threats. He was booked into juvenile hall. 2220 hours- Deputy Trower responded to a traffic collision at Washington x Avenue 48. Sean Norman was arrested for driving under the influence. 11/22 Thursdav (461 No Significant Activity 11/23 Fridav (1641 1230 hours -Deputy Alexander contacted Susan Weylls, who was sitting in a vehicle, in the 79800 block of Hwy I11. Weylls was arrested for having a no bail warrant for possession of methamphetamine. Weylls was transported and booked at the Indio Jail. 2154 hours- Deputy Barandes arrested Jose Arriago for two outstanding DUI warrants following a pedestrian check at the Circle K, Calle Tampico and Ave. Bermudas. Arriago was booked into the Indio Jail. 11/24 Saturdav (81 *SET Team Deputies conducted bicycle and Segway patrols along the Highway 111 Business Corridor between the hours of 1000 and 2000 hours. The following arrests were made: 1200 hours- SET Bicycle Deputies conducted a pedestrian check at Highway 111 west of Jefferson Street. They arrested Jose Gonzales for possession of heroin and drug paraphernalia. Gonzales was booked into the Indio Jail. 1230 hours- SET Bicycle Deputies conducted a pedestrian check inside the Home Depot parking lot. They arrested Jason Cupit for commercial burglary, violation of probation and parole violation. Cupit had just stolen several items from inside the store and was walking away when contacted. The store was not aware of the theft until contacted by deputies. Cupit was booked into the Indio Jail. 1420 hours- SET Bicycle Deputies conducted a pedestrian check at the bus stop on Highway 111 west of Washington Street and contacted Dennis Hosking who was drinking a beer. Hosking was arrested for public intoxication and possession of marijuana and booked into Indio Jail. J � 461 1430 hours— SET Team Deputies, while conducting bike patrols along the Hwy. I I I business corridor, conducted a pedestrian check on Carlos Rodriguez, a transient. Rodriguez had an out standing warrant for drug related activities. He was booked at the Indio Jail. 1630 hours- SET Segway Deputies responded to the Target Store regarding a suspicious circumstances call. During the call they contacted Esau Salazar and Ramon Ruiz. Salazar was arrested for possession of fictitious documents to conceal citizenship and Ruiz was arrested for possession of burglary tools. Both Salazar and Ruiz were booked into the Indio Jail. 1710 hours- SET Bicycle Deputies conducted a pedestrian check on Highway I I I and La Quinta Drive. They arrested Michael Donovan for panhandling. Donovan was transported to the Indio Jail, but due to medical issues he was released. Charges will be filed against him out of custody. 1911 hours- SET Deputies arrested Marcelina Renee Avila for commercial burglary occurring at the Kohl's Department Store. Security followed Avila to her vehicle and was able to provide a license plate for the vehicle. The vehicle registration came back to the 82400 block of Oleander Ave in the city of Indio. SET Deputies, along with Indio P.D., went to the address and contacted Marcelina Avila. She admitted taking the clothing items from Kohl's. A consent search form was signed for the recovery of property. Deputies also found heroin and methamphetamine in her room along with glass pipes and syringes. Avila was arrested and booked into the Indio Jail for commercial burglary, possession of heroin, possession of methamphetamine and possession of drug paraphernalia. 11/25 Sunday (43) No Significant Activity 11/26 Monday (78) 1730 hours — Deputies Stillings and Myers responded to the intersection of Miles and Adams regarding a roll-over traffic collision with injuries. One subject was transported to the hospital with a complaint of pain to the neck. Nicholas Cabrera, 22 years, of Indio was treated and released. 2110 hours - Deputy Adams responded to the 44300 block of Villeta Drive regarding a domestic violence incident. Craig Leeney was arrested for domestic battery, terrorist threats, child abuse and violation of a protection order. Leeney was told of the protection order when he was booked but still chose to call and threaten the victim from jail. 2208 hours - Deputy Trower was driving through the Von's parking lot when he saw a subject exiting the store with an 18-pack of beer and two bottles of vodka. The subject ran to a truck that was backed into a stall. The driver sped away as the subject entered the truck and Deputy Trower followed. He stopped the vehicle and detained Raul Rocha, Naomi Siqueiros and Tommy Davies. A search of the vehicle was conducted and stolen Indio Police badges were located, along with two bottles of stolen vodka, the stolen beer and a methamphetamine pipe. An in -field lineup was conducted and the suspects were identified. All suspects were booked into the Indio Jail for conspiracy, burglary, possession of paraphernalia and possession of stolen property. 11/27 Tuesday (70) No Significant Activity 11/28 Wednesday (68) 1101 hours — Deputy Russell responded to the 78900 block of Highway I I I in reference to a theft in progress. The suspect, Arturo Vasquez, fled the store prior to deputies arrival. A search of the area was a 462 conducted and the Vasquez was located in a store nearby. Vasquez was arrested and booked for burglary, theft with prior theft convictions and violation of probation. 1120 hours — SET Team Deputies conducted a traffic stop on Calle Tampico and Desert Club. Osvaldo Reyes was arrested for three misdemeanor warrants related to prowling and drug paraphernalia. He was booked at the Indio Jail. 1149 hours- SET Team Deputies responded to Dune Palms Trailer Park Space in reference to a report of a home invasion robbery. Tomas Ibarra, said he was awakened by the sound of someone in his trailer. Ibarra went to investigate and saw two adult males removing items from his trailer. 1420 hours — SET Team Deputies Alexander and Butvidas were conducting bicycle patrols inside Old Town La Quinta. They conducted a pedestrian check on Quentin Evans who they knew had a felony warrant. Evans tried to flee on foot but was subsequently caught and wrestled to the ground. He was arrested for the three felony warrants related to drugs and possession of stolen property, as well as a new charge of resisting arrest. He received an okay -to -book and was booked at the Indio Jail. 1515 hours — 909 SET Deputies Alexander and Butvidas were conducting bicycle patrols in the cove area. They rode to the 51800 block of Avenida Bermudas to serve an arrest warrant. The subject being sought was not there, but they located Johnny Hernandez who was a "Parolee At Large. Hernandez gave a false name. He was arrested for a warrant. He was also found in possession of marijuana and syringes. New charges of resisting arrest and possession of drug paraphernalia and possession of marijuana were filed. 1535 hours — Deputy Myers responded to Wal-Mart regarding a shoplifter. The suspects, Guadalupe Sanchez and Rosario Diaz were arrested for shoplifting. They were both booked at the Indio Jail. 1830 hours - SET Team Deputies conducted a follow-up at the La Quints Liquor regarding the passing of a bad check that had occurred on 112007. The suspect was identified in a photo line-up as Felix Zamora. Investigation revealed that Zamora entered the store with the intent to pass a fictitious bill. Zamora was arrested when he came to the 909 Sub -Station for an interview. He was subsequently booked at the Indio Jail for commercial burglary. 2021-- Hours Deputies responded to the 78300 block of Via Tuscany in reference to a prowler call. The reporting party was able to gain the license number of the suspect vehicle as it left. The registered owner information was broadcast and Deputy I. White located the vehicle on Avenue 48 at Monroe St., Indio. He conducted an enforcement stop and detained the subject. The suspect was positively identified as Keith Alexander Jaggers. Jaggers was booked for violation of felony narcotics probation, prowling, and peeking while prowling. 2030 Hours Deputy Berry responded to a keep the peace call in the 78300 block of Wintercove. The mother and father of a child were found intoxicated in a running vehicle in the driveway. The mother was arrested for DUI and transported to the Indio jail. The father was intoxicated to the point that medical aid responded and transported to him to JFK hospital. With prior allegations of abuse at the location as well as this incident, CPS responded for interviews and intervention. 11/29 Thursday (89) 0930 hrs. Deputy Hendry arrested a juvenile for vandalism and possession of a knife on school grounds. The juvenile is a student at the Summit Continuation School. 1235 hours — Deputy Schofield responded to Home Depot regarding a DUI driver. Donna Horn was arrested for DUI. Due to her level of intoxication Horn could not complete FST's. Horn was booked at the Indio Jail. 1430 hours- SET Team Deputies responded to a theft at Target and arrested a 17 year old female from Indio for shoplifting. The female suspect was released to her parents. 0 463 1830 hours — SET Team deputies and Indio Investigations served two property related search warrants in La Quinta. The first search warrant was served in the 79400 block of North Sunrise Ridge. Four stolen tires were recovered during the search. Joseph Hudspeth was arrested without incident for possession of stolen property and grand theft. A subsequent search warrant was served at Storequest Self Storage, La Quinta, on a trailer owned by Hudspeth. No additional stolen property was located. Hudspeth was booked into the Indio jail. 11130 Friday (67) 1652 hours — Deputy Acevedo responded to the 52-000 block of Avenida Alvarado in reference a battery. He arrested Jose Alfredo Sr. for battery against his 18-year-old son, Jose Alfredo Jr. Alfredo Sr. was booked at Indio jail for battery. Total Calls for Service: 2,605 a 0 464 CITY OF LA QUINTA Business District Deputy Report November 2007 Deputy Prezell Burgie bummary or AcrIVI Type of Activity Number Business Management Contacts 15 Investigations 12 Suspects Arrested / Charged 8 SIGNIFICANT ACTIVITY During the month of November, I continued to introduce myself to staff and management of businesses along the business corridor of Hwy 111 and Old Town La Quinta. My objective is to continue to develop a partnership between the business community and the La Quinta Police Department to reduce the opportunity for crime to occur. This month marked the first month for deputies patrolling the business entities on Segways. The Segways were well received by the business community and proved to be highly effective. Working in partnership with the La Quinta Special Enforcement Team deputies, I have coordinated an intense theft prevention program throughout the business community as holiday shopping has increased significantly. Increased patrol, saturation of bicycle patrol, Segway patrol, unmarked vehicles and special operations have proven successful and will continued in the month of December. a.0 465 Deputy Adonis Glasper Deputy Tim White Deputy Ismael Celaya CITY OF LA QUINTA Special Enforcement Team November2007 Sgt. Mark Hoyt SET Team Deputy Adonis Glasper Summary of Activitv Corporal Ruben Perez Deputy David Alexander Deputy Damen Butvidas Type of Activity # of Incidents Type of ACtivi # of Incidents Programs 3 Weepons Recovered 1 Vehicle Checks/Stops 45 Arrest Warrants Served 16 Pedestrian Checks 35 Search Warrants 1 Follow-ups 10 Parole Searches 15 Citations Issued 8 Arrests/Filings 35 1. SET Team Deputies conducted a traffic stop which led to the arrest of one subject for possession of cocaine for sales. Based on information developed, a search warrant was obtained and served at the suspect's residence where additional drugs were located and a handgun was recovered. 2. SET Team Deputies observed, stopped and arrested a subject for possession of a stolen vehicle. Subsequent investigation lead to the identification and arrest of two additional subjects who were wanted for parole violations warrants and identity theft in Orange County. 3. SET Team Deputies conducted extra patrol along the Hwy. 111 Business Corridor, beginning the day after Thanksgiving, utilizing both bicycle patrols and the newly acquired Segways. Nine arrests were made for a variety of criminal activities. 4. SET Team Deputies initiated a traffic stop which led to the arrest of a subject who had committed two construction burglaries in southern La Quinta. J- 'ul 466 CITY OF LA QUINTA Traffic Services Team Report November 2007 Summary of Activity Type of Activ I Number of Incidents Seat Belt Violations 29 Child Seat Violations 18 Speeding Violations 108 Red Light Violations 120 Stop Sign Violations 13 Right -of -Way Violations 6 D.U.I. Arrests 0 Turning Violations 16 Lane Change Violations 2 Non -Injury Traffic Collision 2 Injury Traffic Collision 0 Warnings Issued 18 Suspended Driver's License 31 Towed Vehicles 24 Misdemeanor Arrests 4 Non -Moving Violations 217 Felony Arrests 0 Calls for Service and Deputy Back -Up 10 Total Citations 383 j.0, 467 Deputy Kevin Moore La Quinta MS Franklin E.S. Truman ES Adams ES CITY OF LA QUINTA School Resource Officer Report November 2007 Summary of Activitv Type of Activity Number of Incidents Reports 11 Arrests 2 Bike Patrol Miles 34.3 Business Checks 1 Truant 2 Vehicle Checks 12 Follow-up 5 Pedestrian Checks 9 YAT Referral 3 District Attorney Filings 3 Bus Stop And School Safety Checks 8 Citations 11 I arrested a LAMS student for detonating fireworks on the school grounds. He was booked into Indio Juvenile Hall. A second student was found to be in possesion of fireworks on school grounds. Charges are pending and the student was released to his parents. I responded and assisted in resolving two parent / staff confrontations on campus. I participated in two campus presentations. One dealing with community service and the second dealing with bullying on campus. I also wrote an article for the student newspaper during red ribbon week. I investigated a report of a reported run -a -way attending classes at LQHS. The student's father stated he did not want his son back at home. Referred to C.P.S. for follow-up. Worked cooperatively with the Parks and Recreation Department as they installed new "No Loitering" signs in front of the Y.M.C.A. facility. Numerous complaints had been received of students vandalizing the area and leaving a large volume of trash in the area. Responded to two requests for medical assistance and aid. Deputy Eric Speir La Quinta High School CITY OF LA QUINTA School Resource Officer Report November 2007 Summary of Activitv Type of Activity Number of Incidents Criminal Reports 4 Non -Criminal Incidents 0 Arrests 1 District Attorney Filings 2 Y.A.T. Referral 1 Vehicle Checks 0 Pedestrian Checks 2 Follow -Up 1 Truancy 2 I investigated a report of the theft of a backpack. The victim stated that there were several items of value in the missing backpack. No suspect or witness information was available. The report of the theft of an I -Pod led to the identification of a suspect who was found in possession of the stolen property. The suspect was found to have multiple contacts for theft and possession of stolen property which made him ineligible for Y.A.T. referral. Charges were filed with the District Attorney and the student is up for expulsion. A female student was found to have compiled a "hit list" and was arrested for making criminal threats. The student was expelled, referred to Y.A.T. and charges are pending with the District Attorney's office. A male student, already on formal probation, was found to be in possession of a knife on campus. Due to his criminal history he was ineligible for referral to Y.A.T. Charges are pending with the District Attorney's office. 469 Deputy Thomas Hendry Summit H.S. Paige M.S. Horizon O.S. CITY OF LA QUINTA School Resource Officer Report November 2007 Summary Of Activity Type of Activity Number of Incidents Reports 5 Arrests 3 Traffic Stops 0 Business Checks 3 Truant 0 Vehicle Checks 2 Pedestrian Checks 2 YAT Referral 1 I arrested a Col. Mitchell Paige student for possession of two unsheathed razor blades on school grounds. He was booked into Indio Juvenile Hall. A female student told a counselor that she had attempted to kill herself the previous evening. I transported the juvenile to Indio Mental Health for psychiatric evaluation. I arrested a Summit High School student for possession of a weapon on school grounds. He was booked into Indio Juvenile Hall. I assisted the Indio Police Department with a child abuse investigation. Since the incident took place in the City of Indio, they assumed primary responsibility for the case. A Col. Mitchell Paige student was assaulted by several other students while on his way home from school. Palm Desert Police Department deputies responded to the location of the assault and conducted the investigation. I arrested a Summit High School student for graffiti and possession of a weapon on school grounds. He was booked into Indio Juvenile Hall. A "Fight Club" was uncovered at Col. Mitchell Paige school involving approximately eight students. The fights were video recorded via one student's cellular phone. Charges were filed against all eight students for fighting on school grounds. CITY OF LA QUINTA ..immunity Programs Coordinator Report Thomas Fowler Community Service Officer II November 2007 Summary of Activity Type of Activity Number Crime Prevention Articles and Reports 6 Community Programs 2 Community Meetings Attended 2 C.P.T.E.D.inspections 1 Neighborhood Watch Meetings 4 Patrol Duties 20 Hrs. Significant Activity 1. Organized a public safety and crime prevention display and presentation in conjunction with a community service focus sponsored by a local business entity. 2. Continued to follow-up on a previously received cash grant in support of a "Vehicle Theft Prevention Program" that will be implemented in the very near future. 3. Began initial planning and organization for the 2007 Annual Christmas Toy Drive. It is anticipated that 2,000 toys will be received and distributed to children throughout the Coachella Valley. d CITY OF LA QUINTA Community Service Officer Report November 2007 C.S.O. Monica Santillanes C.S.O. Bri<C.S.O. Brian Kristensen C.S.O. Tina Ayon Community Service Officer Tina Ayon Summary of Activity T e of Activity Number of Incidents Burglary Investigations 9 Grand Theft Reports 1 PettyTheft Reports 8 Vandalism/Malicious Mischief Reports 5 Traffic Collision Response 10 Vehicle Code or Parking Citations 5 Abandoned Vehicles Tagged/WarningTagged/Warning 20 Towed Vehicles 5 Lost or Found Property Reports 2 Stolen Vehicle Report 0 Custodial / Non -Custodial Transport 50 Miscellaneous Calls 47 Danese Maldonado Volunteer Coordinator CITY OF LA QUINTA Citizens On Patrol Community Policing Office Monthly Volunteer Report November 2007 Meet Your Volunteers -- Mr. Jerry Novotney Jerry has been a member of the La Quinta Police Department's volunteer team since October of 2005. Jerrys rich life experience and education have equipped him with a broad and varied background that serves the volunteer program --and our community --well. Jerry is accomplished in his computer programming skills and is a vital member of the volunteer team in "keeping up" with the CrossRoads program responsibilities of the Community Policing Office staff members. Giving back to his community is not something new for Jerry as he also volunteers two days a week for Traveler's Aid at the Palm Springs Airport. Even with these additional volunteer duties, Jerry has logged more than 400 hours for the La Quinta Police Department. Summary of Activitv Community Policin Office Number Citizens On Patrol Number Monthly Volunteer Hours 153.5 Community Events 2 Hours YTD 2,062 Business Checks 39 Hours 4/03 to Present 13,086 Traffic Control 4 CPO Monthly Visits 104 Courtesy Notifications 40 CPO YTD Visits 1,344 Miscellaneous Activity 0 CPO Visits 4/03 to Present 8,907 Neighborhood Patrol 15 Training Hours 7 Vacation Checks 37 Patrol Hours 124 YTD Patrol Hours 926 Hours 7/06 to Present 1.352 The established rate for value received for volunteers in the State of California is calculated at $16.24 per hour. The estimated YTD financial benefit to the La Quinta Police Department and the City of La Quinta totals: $48,525.00 a. U 473 Corporal CITY OF LA QUINTA Post 503 Explorer Report November 2007 Post 503 Explorers on Duty With the U.S.A.F. F-14 Fighter Jet in Thermal ACTIVITY Indio Station Post 503 joined ranks with Palm Desert Station Post 507 to assist with crowd and traffic control during the Jacqueline Cochran Air Show in Thermal. Qualified Explorers conducted bicycle patrol during the event. Continuing their tradition of community support and participation, Post 503 Explorers also assisted with crowd and traffic control during the Chiriaco Summit Veteran's Day Celebration as well as the Coachella Valley Fiesta of Chilies event. Explorer Post 503 training in November covered tactical building entries and searches, hostage negotiations, leadership development, close order drill and marching, specialized competition event preparation and physical conditioning. Post 503 Explorers are diligently training in preparation for the upcoming "Extreme Tactical Explorer Competition" which will be held in Chandler, Arizona. Getting good school grades is a priority for Post 503 members as they must maintain at least 4` 474 Department Report: LA, Served by the Riverside County SheriFs Depan nern Crime Statistics Summary October -- 2007 Prepared for '. 475 PART I: 2 3 4 5 6 7 8 9 10 11 12 13 TRAFFIC CITY OF LA QUINTA Crime Comparison -- October CRIME October October YTD 2007 YTD 2006 2007 2006 AGGRAVATED ASSAULTS 6 0 52 37 BURGLARY 42 69 515 549 BURGLARY -VEHICLE 16 17 188 241 DOMESTIC VIOLENCE 8 16 107 127 HOMICIDE 0 0 1 1 NARCOTICS VIOLATIONS 22 18 236 184 ROBBERY 1 2 22 28 ROBBERY - CAR JACKING 0 0 3 1 SEX CRIME FELONY 2 3 29 25 SEX CRIME MISDEMEANOR 0 2 19 16 SIMPLE ASSAULTS 10 6 79 75 THEFT 81 83 671 887 VEHICLE THEFT 6 11 119 158 TRAFFIC CITATIONS 440 317 3360 2882 T/C NON -INJURY 31 37 323 320 DUI 10 9 128 124 T/C INJURY 4 8 74 105 T/C FATAL 0 0 2 1 CITY OF LA QUINTA DISPATCH INFORMATION - October 2007** NUMBER OF TYPE OF CALL RESPONSE TIME MINUTES INCIDENTS EMERGENCY 4.16 3 ROUTINE 9.9 1,286 ** Data from Riverside Co. Sheriffs Department Data Warehouse, Average Response Time Report. '; 476 Crime Distribution Table Oct-07 % of Total Oct-06 % of Total 1 AGGRAVATED ASSAULTS 6 3.09% 0 0.00% 2 BURGLARY 42 21.65% 69 30.40% 3 BURGLARY - VEHICLE 16 8.25% 17 7.49% 4 DOMESTIC VIOLENCE 8 4.12% 16 7.05% 5 HOMICIDE 0 0.00% 0 0.00% 6 NARCOTICS VIOLATIONS 22 11.34% 18 7.93% 7 ROBBERY 1 0.52% 2 0.88% 8 ROBBERY - CAR JACKING 0 0.00% 0 0.00% 9 SEX CRIME FELONY 2 1.03% 3 1.32% 10 SEX CRIME MISDEMEANOR 0 0.00% 2 0.88% 11 SIMPLE ASSAULTS 10 5.15% 6 2.64% 12 THEFT 81 41.75% 83 36.56% 13 VEHICLE THEFT 6 3.09% 11 4.85% Total 194 96.91% 227 100.00% CITY OF LA QUINTA October 2007 Crime Distnbution 90 80 - 70 60 50 - 40 - 30 - 20 - 10- 0 , .----__.� - _._ > >� w x`z0 w 0o 0`-> m 0 > ) > >nmn nxrm' >> Cvyz y0 m m w 7.y0 0 z - CrR > r. �m m >3 i zm m o a z °a y , I i 1 -� 07 Month to Month Crime Comparison - October 90 80 69 70 60 50 =Oclobcr 40 30 20 to 11 10 C3 0MO G] O� 3 l�A y m .may mX m OmX 9A SG) mm n a0 r7m 00 Cv -1 O m` m0 m vim K va v. G� z� S 61 16I7 15 IS 5 5— 5 ,0 00 12 00 27 02 Year to Date Dime Conttaoson - October 1000 500 ® YfD 2007 400 O YFD 2006 1916 aaa0 - �'m ww n Zm x o a O 881 ii 900 800 61 100 600 ---�49— 200 ---- � ------ ——10'�27---- r -- ¢SS 100 �= - ----- ___ 7975 �- _ Month to Month Traffic Activity Comparison - October 500 450 400 350 300 250 a October2007 200 a October2006 150 100 50 0 Ll VFI I I TRAFFIC T/C NON -INJURY DUI TIC INJURY TIC FATAL CITATIONS 440 N 31 37 4 D D di 1 Year to Date Traffic Activity Comparison -October 4000 3500 336n — 3000 2882 2500 a YTD 2007 2000 u YTD 2006 1500 1000 -11 500 124 74 105 2 1 0 TRAFFIC T/C NON -INJURY DID T/C INJURY T/CFATAL CITATIONS . 09 Year to Date Traffic Activity Comparison -October 4000 3500 336n — 3000 2882 2500 a YTD 2007 2000 u YTD 2006 1500 1000 -11 500 124 74 105 2 1 0 TRAFFIC T/C NON -INJURY DID T/C INJURY T/CFATAL CITATIONS . 09 Month to Month Calls for Service Comparison October 2007 © 07-oc1 m 06-Oct 3000- 2628 2500 - 22t7— 2000 - - -- -- - --- - - - - - 1500 - 1339 1000 — ji. 90-79 500 0 Total Non -Criminal Criminal Year to Date Calls for Service Comparison 25000 El 2007 ® YTD 2006 20992 20000 15000 13231 12793 , 10200 10000 6199 5000 � �4 0 .. M 4 so 49MAJ U OF COUNCIL/RDA MEETING DATE: December 18, 2007 ITEMTITLE: Public Hearing to Consider Adoption of a Resolution Approving Proposals and Authorizing the City Manager to Submit Applications to Riverside County Economic Development Agency for Community Development Block Grant Funds for Fiscal Year 2008-2009 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: _ PUBLIC HEARING: Adopt a Resolution of the City Council allocating the use of Community Development Block Grant (CDBG) funds totaling an estimated $200,000 for Fiscal Year 2008-2009 to: the Boys and Girls Club, La Quinta Unit for the Fee Waiver/Reduction Program ($30,000); and to the City of La Quinta for public facility improvements along Calle Tampico and Desert Club Drive, and Avenida Bermudas ($170,000), within Redevelopment Project Area 1. FISCAL IMPLICATIONS: Upon approval by the Department of Housing and Urban Development (HUD) of the County of Riverside Urban County CDBG monies, the City will be eligible for approximately $200,000 in funds for the project(s) identified in the Resolution. CITY CHARTER IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The CDBG program is an important source of special program funding for the City of La Quinta. The CDBG program is administered by the Riverside County Economic Development Agency (EDA). Each year funding is available from EDA to participating cities in the County for eligible activities. Eligible activities must meet national objectives which include benefits to low- and moderate -income families, the elderly or handicapped; or aid in the elimination of slums or blight. Funding categories include public service and capital improvements. 01 Public Services Public service is one of the specific project categories eligible for CDBG funding. The list includes child care, recreation programs, and education programs, among others. All public service activities must show benefit to low- and moderate -income persons. The percentage of CDBG funds allowed each year for these activities is limited by a formula. The County EDA has set a minimum funding requirement for CDBG programs at $10,000. The maximum allowable public service dollar amount for La Quinta this year is $30,000. The Boys and Girls Club of the Coachella Valley, La Quinta Unit, has requested $30,000 of CDBG funding to continue the membership fee waiver/reduction program. The program provides a fee waiver/reduction for certified low- and moderate -income families of La Quinta students to utilize day care and after school care services provided by the Boys and Girls Club in La Quinta. The Boys and Girls Club charges both an annual and a summer membership fee; the fee waiver and/or reduction allows approximately 115 children to utilize the programs that otherwise would not be able to participate because of the fee structure. Staff recommends allocating the maximum public service dollar amount of $30,000 to the Boys and Girls Club of the Coachella Valley, La Quinta Unit, to continue the Membership Fee Waiver/Reduction Program. The City also received three other applications for public service monies. EXCEED, a non-profit organization servicing individuals with developmental disabilities, has requested $5,000 to supplement transportation cost. The Desert Hot Springs Community Task Force (DHSCTF) has requested $10,000 for program setup and operation cost. Family Services of the Desert has requested $13,500 to continue programs geared towards minimizing the occurrence or recurrence of domestic violence and child maltreatment and neglect in families. Staff is recommending allocation of the maximum amount of funds available for public services to the Boys and Girls Club fee waiver/reduction program, as the program has proven to be both effective and meaningful for low- and moderate -income youth within the City. Historically, the City has funded only one public service agency request. Since the City does not receive any CDBG administrative funding to manage these grant monies, it is not cost effective to allocate monies to several agencies. Capital Improvements An estimated amount of $170,000 in Fiscal Year 2008-2009 CDBG grant funds is available to be allocated to the City for capital improvements. The City of La Quinta Public Works Department has requested funding for the reconstruction and improvements to pedestrian crosswalks at the intersection of Calle Tampico and Desert Club Drive, and construction for a raised pedestrian crosswalk along Avenida Bermudas at the Village Post Office (Attachment 1). The projects will improve pedestrian safety within the Village District and will increase pedestrian connections to City, and Federal services. The project meets the national objective for the utilization of CDBG funds to y 482 benefit low- to moderate -income persons. T he project also meets the criteria for eligibility by providing a benefit to persons of low- to moderate -income, as documented in the City Redevelopment Plan for Project Area No. 1. The purpose of this hearing is to review and comment on all proposals, to take public comment, to select and identify proposals, and to reprogram funds if appropriate. The Council's final decision on the use of funds must be reached at the close of tonight's public hearing in order to meet EDA and HUD submittal deadlines. The City will submit "Entitlement Funds Project Application Forms" to EDA. EDA submits, for all participating cities in the CDBG Urban County program, a "Final Statement of Community Development Objectives and projected Use of Funds" to HUD for final approval of CDBG funds for Fiscal Year 2008-2009. The following is a summary of the received grant applications for Fiscal Year 2008- 2009 funding. Copies of the applications are available in the City Clerk's Office: PUBLIC IMPROVEMENT REQUESTS: Agency Amount Purpose City of La $170,000 Public Facility Improvement; i.e. installation of Quinta enhanced crosswalks, sidewalks, at the intersection of Calle Tampico and Desert Club Drive, and an enhanced mid -block crosswalk at Avenida Bermudas and the Post Office. PUBLIC SERVICE REQUESTS: Agency Amount Purpose Le Ownta Clients Proposed to Serve Boys & Girls Club $30,000 Fee Waiver/Reduction 115 La Quinta Unit Program Family Services of the $13,500 Program operational cost 132 Desert Desert Hot Springs $10,000 Program setup and N/A Community Task Force service delivery EXCEED $5,000 Transportation Cost N/A 483 FINDINGS AND ALTERNATIVES: The amount of CDBG funding available varies on a yearly basis. The amount available for this years funding is an estimate based on previous years' funding and federal funding of the CDBG program. Although it is an estimate, the amount of funding available could change. If funding levels change, all categories of program funding could be affected. However, attempts will be made to retain public service funding amounts. The alternatives available to the City Council include: Adopt a Resolution of the City Council allocating the use of CDBG funds totaling an estimated $200,000 for Fiscal Year 2008-2009 to: the Boys and Girls Club, La Quinta Unit for the Fee Waiver/Reduction Program ($30,000), and to the City of La Quinta for public facility improvements on Calle Tampico ($170,000) within Redevelopment Project Area 1; or 2. Do not adopt a Resolution of the City Council allocating the use of CDBG funds; or 3. Approve funding alternative eligible requests submitted; or 4. Provide staff with alternative direction. Respectfully JoF, qWn, Planning Director Approved for submissio Thomas P. Genovese, City Manager Attachment: 1 . Location of proposed public improvements RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ADOPTING PROPOSALS, AND AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 2008-2009 WHEREAS, the Community Development Block Grant Funds for FY 2008- 2009 will be approximately $243,500 to begin July 1, 2008; and, WHEREAS, the City of La Quinta must submit to the Riverside County Economic Development Agency project applications; and, WHEREAS, a public notice was published on November 9, 2007, announcing the availability of funds, requesting proposals, and public hearing dates; and, WHEREAS, the merits of all proposals were openly discussed and considered; and, WHEREAS, by a majority vote of the City Council of the City of La Quinta, California, the following proposal(s), or reprogramming(s), were selected: PROJECT NAME 1. Public Facility Improvements at the intersection of Calle Tampico and Desert Club Drive, and along Avenida Bermudas 2. Fee Waiver/Reduction Program 3. Program Operations and Service SPONSOR AMOUNT City of La Quinta $200,000 Boys & Girls Club $30,000 La Quinta Unit Family Services $13,500 of the Desert NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta as follows: 1. That the City of La Quinta does hereby select the above -named project(s) or reprogramming(s), for the use of Community Development Block Grant funds. 2. That the City Council hereby directs the City Manager to prepare and submit the designated applications to the Riverside County Economic Development Agency in a timely fashion proposing the named activities and use of funds. CDBG RESO 2008-2009 485 City Council Resolution No. 2007- Community Development Block Grant Adopted: December 18, 2007 Page 2 3. If there is a shortfall in funding, the City Council directs the City Manager to request the County to increase the City's public service cap in order to fully fund public service approved applications. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 18`h day of December 2007, by the following vote, to wit: AYES: 11191 *3 ABSENT: ABSTAIN: DON ADOLPH, Mayor, City of La Quinta, California ATTEST: Veronica Montecino, CMC. City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California CDBG RESO 2008-2009 •' 4�6 ATTACHMENT 1 E c V .L R3 0 d rn O !.-� C d O Q at tii U - — -- - --- I --- — ---_ 0 gjllJ uasaG-_ E �! Ili a. Linden Lo m O V, ��7 Awlnida Bermudas — --- — - -- - - — - -- - — - Avenida -Navarro 487 v 5 CFhf 01; 5 COUNCIL/RDA MEETING DATE: December 18, 2007 ITEM TITLE: Public Hearing to Consider an Ordinance Amending Title 9, Chapter 9.60 of the Municipal Code Modifying the City's Density Bonus and Affordable Housing Incentives in Accordance With State Law 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 Title 9, Chapter 9.60 of the Municipal Code, modifying the City's Density Bonus and Affordable Housing Incentives in accordance with State law. FISCAL IMPLICATIONS None. CHARTER CITY IMPLICATIONS None. BACKGROUND AND OVERVIEW The State has made a series of significant changes to the State Housing Law that provides density bonuses to housing projects that make a certain percentage of their units affordable to persons and families of very low-, low-, and moderate - income. As a result of these changes, the City of La Quinta's current Ordinance regarding density bonuses for affordable housing projects needs to be updated. The proposed Code Amendment text is intended to bring the City's Ordinance (LQMC Section 9.60.270) into compliance with the new State requirements. Previously, State law required a 25% increase in the density of a project when 10% to 20% of the project's total units met the low and moderate affordability requirements. The updated law significantly increased incentives in a variety of ways and substantially restricts the City's discretionary authority to impose -488 development standards and restrictions. The Planning Commission held a public hearing at its meeting of November 13, 2007 on the proposed Amendment. After deliberation, they passed Planning Commission Resolution 2007-046 recommending approval to the City Council of the Amendment regarding the City's density bonus and affordable housing incentives in accordance with State law. PROPOSAL The legislation, SB 1818, chaptered as Government Code Section 65915-65918 requires cities and counties to revise their ordinances to bring them into conformity with the new State mandates. The legislation significantly reduced the amount of units that a developer must provide to receive a density bonus and requires cities and counties to provide between one to three concessions, depending upon the percentage of affordable units the developer provides. It also imposes a new land donation rule, mandatory density bonuses for qualified senior housing projects, mandatory density bonuses for affordable residential projects with a qualifying childcare facility, and State-wide parking standards that supersede local parking regulations for projects that include affordable housing components. In short, the legislation imposes a number of far-reaching State mandates for projects qualifying for a density bonus. ANALYSIS The following is a breakdown of the new eight area requirements. 1. Primary Density Bonus Provisions In order to qualify for the density bonus program, a developer must provide a minimum level of affordable housing and must request the benefit of California Government Code Section 65915. The number of affordable units that a developer must provide in order to receive a density bonus varies by level of affordability as follows: If at least 5% of the units are affordable to very low-income households, the project is eligible for a minimum 20% density bonus. If at least 10% of the units are affordable to low-income households, then the project is eligible for a minimum 20% density bonus. If 10% of condominium or planned development units are affordable to moderate -income households, then the project is eligible to receive a 5% density bonus. In addition to these minimum thresholds, the new law enacts a "sliding scale" for additional affordable units, thus permitting developers to exceed the minimums noted above as described below and detailed in the following table: �` 489 • An additional 2.5% density bonus for each additional 1 % increase of very - low -income units above an initial 5% threshold. An additional 1.5% density bonus for each additional 1 % increase in low- income units above an initial 10% threshold. • An additional 1 % density bonus for each additional 1 % increase in moderate - income units above an initial 10% threshold. Percentage of Affordable Units Density Bonus for Overall Project if the Units are Very- Low Income Units �2 5% Increase) Density Bonus for Overall Project if the Units are Low Income Units (1.5% Increase) Density Bonus for Overall Project if the Units are Moderate Income Units (1 % Increase) 5 20 6 22.5 7 25 8 27.5 9 30 10 32.5 20 5 11 35 (maximum) 21.5 6 12 23 7 13 24.5 8 14 26 9 15 27.5 10 16 29 11 17 30.5 12 18 32 13 19 33.5 14 20 35 (maximum) 15 21 16 22 17 23 18 24 19 25 20 26 21 27 22 28 23 29 24 30 25 31 26 32 27 33 28 34 29 35 30 36 31 09 Density Bonus for Density Bonus for Density Bonus for Percentage Overall Project if Overal/ Project /f Overall Project if of the Units are Very- the Units are Low the Units are Affordable Low Income Units Income Units Moderate Income Units (2.5% Increase) (1.5% Increase) Units (1 % Increase) 37 32 38 33 39 34 40 35 (maximum) These bonuses reach a maximum density bonus of 35% when a project provides either 11 % very low-income units, 20% low-income units, or 40% moderate - income units. 2. Land Donation Additional density is available to projects that donate land for residential use. To qualify for this additional density, the land must satisfy all of the following requirements: • The applicant donates the land no later than the date of approval of the final subdivision map, parcel map, or residential development application. • The developable acreage and zoning classification of the land being donated is sufficient to permit construction of units affordable to very low-income households in an amount not less than 10% of the number of residential units of the proposed development. • The donated land is at least one acre in size or of sufficient size to permit development of at least 40 units; has the appropriate General Plan designation; is appropriately zoned for development as affordable housing; is or will be served by adequate public facilities and infrastructure; and is zoned in a manner that makes the development of the affordable units feasible. Additionally, the land and units must be subject to a recorded deed restriction ensuring continued affordability of the units. • The land is donated to the City or to a housing developer approved by the City. • The donated land shall be within the boundary of the proposed development or, if the City agrees in writing, within one -quarter mile of the boundary of the proposed development. If these conditions are met, the applicant shall be entitled to a 15% increase above the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan for the entire housing development. This increase shall be in addition to any increase in mandated density, up to a maximum combined mandated density increase of 35%. a" 491 3. Parking Standards If a project qualifies for a density bonus, the developer may request (and the City must grant) new parking standards for the entire residential development project, not just for the affordable units or the density bonus units. The new parking standards are: • zero to one bedroom — one onsite parking space; • two to three bedrooms — two onsite parking spaces; and four or more bedrooms — two and one-half onsite parking spaces. These ratios apply to guest parking as well as handicapped parking and may be tandem, uncovered, or located on a private street within the perimeter of the project's site plan. Parking spaces on a public street, adjacent to the project or otherwise, cannot be counted. For a comparison of these ratios, the City's standard parking ratios and those applied to a previously approved affordable housing project (Dune Palms, CVHC), please see the following table. Parking Space Requirement Comparison Basis Number of Spa es Required One- Two- Three or Studio Bedrooms Bedrooms more Bedrooms 3 covered resident spaces + .5 1 covered 1.2 covered 2 covered covered resident resident resident resident Standard City Requirements space + .5 spaces + .5 spaces + .5 spaces for guest space guest space guest space each per unit per unit per unit bedroom over 3 + .5 guest space per unit Approved 1.5 covered 1.5 covered 1.5 covered 1.5 covered Affordable resident resident resident resident Housing Project spaces + .5 spaces + .5 spaces + .5 spaces + .5 (Dune Palms — based guest space guest space guest space guest space on existing CVHC projects) per unit per unit per unit per unit New State Requirement (proposed 1 space* 1 space* 2 spaces* 2 spaces* ordinance) 492 * includes handicapped spaces, guest spaces and may be tandem and/or uncovered For projects with a typical mix of one, two and three bedroom units, these requirements translate into approximately 2.5 spaces per unit for the City's standard requirements, two spaces for the City approved affordable housing project example, and 1.75 spaces for the new State requirements (proposed ordinance). 4. Continued Affordability The continued affordability requirements for very low- and low-income units have not changed. However, there are new requirements for moderate -income units that are (i) for -sale, and (ii) part of a common interest development. The new law specifies that the city or county must ensure that the "initial occupants" of qualifying for the moderate -income units must meet the income qualifications. This is done through a new mechanism of "equity sharing" agreements. Upon resale of the moderate -income units in a common interest development, the seller retains the down payment, the value of any improvements, and the seller's proportionate share of appreciation. The City recaptures its proportionate share of appreciation and those funds must be used within three years to promote lower or moderate -income home ownership. With regard to the equity -sharing agreement as previously noted, the State law substantially differs from our existing Code provision. The proposed Ordinance does, however, meet the new requirements while maintaining the City's current ability to demand a right of first refusal in the event a qualifying moderate - income unit is sold. The proposed Ordinance is drafted to retain, as much as the new State law will allow, the affordability restrictions that presently exist in the Municipal Code for affordable units other than moderate -income units for sale in common interest developments. With respect to moderate -income units that are in common interest developments, State law imposes the conditions described above and the proposed Ordinance is consistent with those conditions. 5. Concessions or Incentives The City must grant one or more "concessions or incentives" reducing development standards, depending on the percentage of affordable units provided. "Concessions and incentives" include reductions in zoning standards, other development standards, design requirements, mixed use zoning, and any other incentive that would reduce costs for the developer. Any project that meets the minimum criteria for a density bonus is entitled, as a matter of right under State law, to one concession from the City, increasing up to a maximum of three concessions depending upon the amount of affordable housing provided. Again, the number of concessions or incentives granted takes the form of a sliding scale: 493 • For projects that provide either 5% of the units affordable to very low- income households, 10% of the units affordable to lower income households, or 10% moderate -income common interest development households, then the developer is entitled to a minimum of one concession. • When the number of affordable units is increased to 10% very low-income units, 20% lower income units, or 20% moderate -income units, then the developer is entitled to a minimum of two concessions. • When the number of affordable units is increased to 15% very low-income, 30% low-income, or 30% moderate -income units, then the number of minimum concessions is increased to three. There are some limits on concessions or incentives. The City shall grant the concession or incentive requested by the applicant unless the City makes a written finding, based upon substantial evidence, of either of the following: • The concession or incentive is not required in order to provide for affordable housing costs or for rents for the targeted units; or • The concession or incentive would have a specific adverse impact, as defined in the Government Code. For instance, if the developer asks for a concession to a zoning standard, such as a height limitation, the City may deny the request if it shows that the additional height would have an adverse impact on the surrounding uses. This finding would need to be supported by evidence showing how the additional height would be detrimental to the neighboring properties. 6. Waivers and Modifications of Development Standards The City may not impose a "development standard" that makes it infeasible to construct the housing development with the proposed density bonus. ' In addition to requesting "incentives and concessions," applicants may request the waiver of an unlimited number of "development standards"; however, the applicant must show that the waivers are needed to make the project economically feasible. As mentioned with the general concessions, a waiver of development standards may be denied if either of the following findings is made and supported by sufficient evidence in the record: • The waiver/modification is not required to make the proposed affordable housing units feasible; or • The waiver/modification will have a specific adverse impact. J 494 7. Senior Citizen Projects Qualified senior citizen projects receive a 20% density bonus. Qualified senior developments include "senior citizen housing developments" with a minimum of 35 dwelling units or a mobile -home park that limits residency based on age requirements. 8. Bonuses for Childcare Facilities A developer may qualify for a density bonus by providing a childcare center (not a family daycare home) within or adjacent to the development. Where the development otherwise qualifies for a density bonus, and the developer agrees to include a childcare facility onsite or adjacent to the site, the developer is entitled to an additional density bonus in the amount of the square footage of the childcare or an additional concession or incentive if that concession or incentive contributes to the economic feasibility of construction of the childcare facility. Where a childcare facility is provided in conjunction with the granting of a density bonus, the following provisions apply: • The childcare facility shall be operable at least as long as the affordable units are required to remain affordable; • The children attending the childcare center are required to qualify based on household income in the same percentage as the percentage of affordable housing in the development in accordance with the proportional affordability level; • The number of children at each affordability level must be the same or greater than the percentage required. If a finding can be made that there is sufficient childcare facilities in the community, no concession or density bonus is required to be given. Notably, the statute provides no guidance as to how these findings and requirements (some of which are inherently impractical, if not impossible, to enforce) are to be made or enforced. Environmental Review The Planning Department reviewed the Zoning Text Amendment 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) of the CEQA guidelines. • i! - 495 Public Notice This project was advertised in The Desert Sun newspaper on December 5, 2007. To date, no comments have been received. Any written comments received after the writing of this report will be distributed at the time of the public hearing. FINDINGS AND ALTERNATIVES Findings for approval can be made and are contained 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 Title 9, Chapter 9.60 of the Municipal Code, modifying the City's density bonus and affordable housing incentives in accordance with State law.; or 2. Do not move to take up Ordinance No 3. Provide staff with alternative direction. Respectfully submitted, Les Jo son, Planning Director Approved for submission by: Thomas P. Genovese, City Manager ' 496 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 9 OF THE LA QUINTA MUNICIPAL CODE TO MODIFY THE CITY'S DENSITY BONUS AND AFFORDABLE HOUSING INCENTIVES IN ACCORDANCE WITH STATE LAW WHEREAS, in September 2004, the Governor signed Senate Bill ("SB") 1818 which significantly changed the State's density bonus law with respect to affordable housing units; and WHEREAS, SB 1818 imposes new state housing mandates on California cities in the form of required density bonuses and incentives for housing developers. The law changes both the set -aside requirements for affordable units and the density bonus. As additional affordable units are set aside, it gradually increases the density bonus to a maximum of 35 percent. This law also provides housing developers with additional incentives or concessions as the percentage of affordable units is increased. It also permits housing developers to request a waiver of development standards if necessary to make a development feasible. Cities must grant the requested concessions unless certain findings are made. SB 1818 also includes density bonus provisions for senior housing development and for housing developers that donate land to the city for affordable housing. This legislation also continued previous density bonus provisions to encourage the inclusion of child care facilities in affordable housing developments; and WHEREAS, in September 2005, the Governor also signed into law SB 435. This law expanded the scope of developments entitled to obtain density bonuses to include senior mobilehome parks, community apartment developments, and stock cooperatives and made additional, non -substantive clarifications to the law; and WHEREAS, SB 1818 and SB 435 require cities, including charter cities, to adopt implementing ordinances. Notwithstanding the city's constitutional right to control land use, this Ordinance incorporates the new density bonus provisions and establishes an implementation process addressing the incentives and concessions required by State law; and WHEREAS, in accordance with State law, this Ordinance would modify the City's existing density bonus regulations to alter the number of units that developers must agree to set aside as affordable to qualify for a density bonus and the corresponding density bonus percentages; to permit density bonuses for common interest developments, senior citizen developments, qualifying `l t 7 Ordinance No. Title 9 - Density Bonus Adopted: mobilehome parks, and donations of land; to authorize density bonuses for affordable housing developments that include a child care facility on site; and to provide required incentives, concessions, and development waivers; and WHEREAS, said Zoning Code Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63) in that the La Quinta Planning Department has reviewed the Amendment under the provisions of CEQA, and has determined that the Amendment is exempt pursuant to Chapter 2.6, Section 21080 of the Public Resources Code, California Environmental Quality Act Statutes, and Section 15061(13)(3), Review for Exemptions of the CEQA Guidelines; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 13`h of November, 2007, hold a duly noticed public hearing and approved Planning Commission Resolution 2007-046 recommending approval of ZOA 07-094 to the City Council; and WHEREAS, the City Council of the City of La Quinta, California, did on the 18`" of December, 2007, hold a duly noticed Public Hearing for review of a Zoning Code Amendment to modify the City's density bonus and affordable housing incentives in accordance with State law; and WHEREAS, the City Council finds and declares that the public health, safety and general welfare requires adoption of this Ordinance since these revisions are mandated by State law; and WHEREAS, the proposed Ordinance is consistent with the La Quinta General Plan because it implements General Plan objectives, policies and programs of the Housing Element to assist in the fulfillment of Regional Housing Needs, Affordability and Special Housing Needs; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES ORDAIN AS FOLLOWS: SECTION 1. AMENDMENT OF MUNICIPAL CODE TITLE 9 (PLANNING AND ZONING): Chapter 9.60, "SUPPLEMENTAL RESIDENTIAL REGULATIONS," of the City of La Quinta Municipal Code is hereby amended to add and replace Section 2.60.270, entitled "Density Bonuses For Affordable Housing," as follows: "49� Ordinance No. Title 9 - Density Bonus Adopted: Section 9.60.270: DENSITY BONUSES FOR AFFORDABLE HOUSING A. Purpose and Application B. Definitions C. Qualifications for Density Bonus and Incentives and Concessions D. Continued Affordability E. Incentives and Concessions F. Waiver/Modification of Development Standards G. Specified Density Bonus Percentages H. Land Donation I. Child Care Facilities J. Condominium Conversions K. By -Right Parking Incentives L. Application and Review Procedures A. Purpose and Application. The purpose of this Section is to (i) establish procedures for implementing State density bonus requirements, as set forth in California Government Code Section 65915, as amended, (ii) increase the production of affordable housing, consistent with the city's goals, objectives, and policies and (iii) implement the provisions of the City's General Plan Housing Element policies and programs relating to the provision of affordable housing. When an applicant seeks a density bonus for a housing development, or for the donation of land for housing, within the City's jurisdiction, the City shall provide the applicant incentives or concessions for the production of housing units and child care facilities as prescribed in this Section 9.60.270. B. Definitions. The following definitions shall apply to this Section: 1. "Affordable housing cost" bears the same meaning as defined in Section 50052.5 of the California Health and Safety Code. 2. "Affordable housing unit" means a dwelling unit within a housing development which will be rented or sold to and reserved for very low income households, lower income households, moderate income households (where qualified) and/or senior citizens at an affordable housing cost for the respective group(s) in accordance with Section 65915 of the California Government Code and this Section 9.60.270. 3. "Affordable rent" means that level of rent defined in Section 50053 of the California Health and Safety Code. 499 Ordinance No. Title 9 — Density Bonus Adopted: 4. "Applicant" means a developer or applicant for a density bonus pursuant to Government Code Section 65915, subdivision (b), of the California Government Code and Subsection C of this Section 9.60.270. 5. "Child care facility" means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and schoolage child care centers. 6. "Common interest development" bears the same meaning as defined in Section 1351 of the California Civil Code. 7. "Density bonus" means a density increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as of the date of application by the applicant to the city. 8. "Development standard" means site or construction conditions that apply to a housing development pursuant to any ordinance, General Plan element, specific plan, charter amendment, or other local condition, law, policy, resolution, or regulation. 9. "Housing development," means one or more groups of projects for residential units in the planned development of the city. "Housing development" also includes a subdivision or common interest development, as defined in Section 1351 of the California Civil Code, approved by the City and consisting of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Government Code Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units. 10. "Lower income households" bears the same meaning as defined in Section 50079.5 of the California Health and Safety Code. 11. "Maximum allowable residential density" means the density allowed under applicable zoning ordinances, or if a range of density is permitted, means the maximum allowable density for the specific zoning range applicable to the subject project. 500 Ordinance No. Title 9 — Density Bonus Adopted: 12. "Moderate Income" or "persons and families of moderate income" means those middle -income families as defined in Section 50093 of the California Health and Safety Code. 13. "Qualified mobilehome park" means a mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the California Civil Code. 14. "Senior citizen housing development" means senior citizen housing as defined in Sections 51.3 and 51.12 of the California Civil Code. 15. "Specific adverse impact' means any adverse impact as defined in paragraph (2), subdivision (d), of Government Code Section 65589.5, upon public health and safety or the physical environment, or on any real property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate -income households. 16. "Very low income households" bears the same meaning as defined in Section 50105 of the Health and Safety Code. C. Qualifications for Density Bonus and Incentives and Concessions. 1. The City shall grant one density bonus as specified in Subsection G of this Section, and incentives or concessions as described in Subsection E, when an applicant seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this Section 9.60.270, that will contain at least any one of the following: a. Ten percent (10%) of the total units of the housing development as affordable housing units affordable to lower income households; or b. Five percent (5%) of the total units of the housing development as affordable housing units affordable to very low income households; or C. A senior citizen housing development; or d. A qualified mobilehome park; or e. Ten percent (10%) of the total units of a common interest development as affordable housing units affordable to moderate income households, provided that all units in the development 501 Ordinance No. Title 9 - Density Bonus Adopted: are offered to the public for purchase subject to the restrictions specified in this Section. 2. As used in Subsection (C)(1) of this Section, the term "total units" does not include units permitted by a density bonus awarded pursuant to this Section or any other local law granting a greater density bonus. 3. Election of Density Bonus Category. Each applicant who requests a density bonus pursuant to this Section 9.60.270 shall elect whether the bonus shall be awarded on the basis of Subparagraph a, b, c, d or e of Subsection C(1). Each housing development is entitled to only one density bonus, which may be selected based on the percentage of either very low affordable housing units, lower income affordable housing units or moderate income affordable housing units, or the development's status as a senior citizen housing development or qualified mobilehome park. Density bonuses from more than one category may not be combined. 4. Previous Density Bonuses. The density bonus provisions shall not apply to any parcel or project area which has previously been granted increased density through a General Plan amendment, zone change or other permit to facilitate affordable housing. D. Continued Affordability. 1. Prior to the issuance of building permits for any dwelling unit, an applicant shall enter into a written agreement with the City to ensure and guarantee the continued affordability of all low -and very low income units that qualified the applicant for the award of the density bonus for a period of 30 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Rents for affordable housing units for lower income households shall be set at an affordable rent. Owner -occupied affordable housing units shall be available at an affordable housing cost. a. The terms and conditions of the agreement shall run with the land, shall be binding upon all successors in interest of the applicant, and shall be recorded in the office of the Riverside County Recorder. b. The agreement shall also include the following provisions: 502 Ordinance No. Title 9 — Density Bonus Adopted: i. The applicant shall grant the City the continuing right of refusal to purchase or lease any or all of the designated units at fair market value; ii. The deeds to the designated units shall contain a covenant stating that the applicant or the applicant's successor in interest shall not sell, rent, lease, sublet, assign, or otherwise transfer (whether voluntarily, involuntarily or by operation of law) any interest in such unit without written approval of the City, confirming that the sales price or lease/rent amount of the unit is consistent with the limits established for low- and very - low income households as adjusted by the Consumer Price Index; and iii. The City shall also have the authority to enter into other agreements with the applicant or purchases or lessees of the dwelling units as may be necessary to assume that the designated dwelling units are continuously occupied by eligible households. 2. Prior to the issuance of building permits for any dwelling unit, an applicant shall agree to, and the City shall ensure, that the initial occupant of moderate -income units that are related to the receipt of the density bonus in a common interest development, are persons and families of moderate income and that the units are offered at an affordable housing cost. With respect to moderate -income units in a common interest development, the City shall require the applicant to enter and shall enforce an equity -sharing agreement, unless it is in conflict with the requirements of another public funding source or law. The following shall apply to the equity -sharing agreement: a. Upon resale, the seller of the moderate -income unit in a common interest development unit shall retain the value of any improvements, the downpayment, and the seller's proportionate share of appreciation. The City shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within three years for any of the purposes that promote homeownership as described in subdivision (e) of Section 33334.2 of the California Health and Safety Code. 503 Ordinance No. Title 9 — Density Bonus Adopted: b. For purposes of this Subsection DO, the City's initial subsidy shall be equal to the fair market value of the moderate -income unit in a common interest development at the time of initial sale minus the initial sale price to the moderate -income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value. C. For purposes of this Subsection D(2), the City's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the moderate -income unit in a common interest development at the time of initial sale. d. The applicant shall grant the City a right of first refusal to purchase any or all of the designated units at fair market value, which right of first refusal shall apply to subsequent sellers. E. Incentives and Concessions. 1. An applicant for a density bonus may also submit to the City a proposal for specific incentives or concessions in exchange for the provision of affordable housing units in accordance with this Section 9.60.270. The applicant may also request a meeting with the city to discuss such proposal. The City shall grant the concession or incentive requested by the applicant unless the City makes a written finding, based upon substantial evidence, of either of the following: a. The concession or incentive is not required in order to provide for affordable housing costs or for rents for the targeted units to be set as specified in Subsection D hereof (i.e., the applicant is unable to demonstrate that the waiver or modification is necessary to make the housing units economically feasible); or b. The concession or incentive would have a specific adverse impact. 2. If the conditions of Subsection C and Subparagraph 1 of this Subsection E are met by an applicant, the City may grant an applicant applying for incentives or concessions the following number of incentives or concessions: 504 Ordinance No. Title 9 - Density Bonus Adopted: a. One incentive or concession for housing developments that include: At least ten percent (10%) of the total units affordable to lower income households; or at least five percent (5%) of the total units affordable to very low income households; or at least ten percent (10%) of the total units affordable to persons and families of moderate income in a common interest development. b. Two incentives or concessions for housing developments that include: At least twenty percent (20%) of the total units affordable to lower income households; or at least ten percent (10%) of the total units affordable to very low income households; or at least twenty percent (20%) of the total units affordable to persons and families of moderate income in a common interest development. C. Three incentives or concessions for housing developments that include: At least thirty percent (30%) of the total units for lower income households; or at least fifteen percent (15%) for very low income households; or at least thirty percent (30%) for persons and families of moderate income in a common interest development. 3. For the purposes of this Section 9.60.270, available concessions or incentives may include any of the following: a. A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the California Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions. b. Approval of mixed use zoning in conjunction with the housing development if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned 505 Ordinance No. Title 9 — Density Bonus Adopted: development in the area where the proposed housing development will be located. C. Other regulatory incentives or concessions proposed by the applicant or the city that result in identifiable, financially sufficient, and actual cost reductions. d. For purposes of this Section 9.60.270, the parking ratios set forth in Government Code section 65915 (and Subsection K of this Section 9.60.270) for qualified affordable housing projects shall be deemed a concession or incentive available to the applicant. 4. This Subsection E does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly -owned land, by the city or the waiver of fees or dedication requirements. Nor does any provision of this Subsection require the City to grant an incentive or concession found to have a specific adverse impact. 5. The granting of a concession or incentive shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval. 6. The application and review process for a proposal of incentives and concessions is set forth in Subsection L hereof. F. Waiver/Modification of Development Standards. 1. Applicants may, by application, seek a waiver, modification or reduction of development standards that will otherwise preclude or inhibit the use of density bonus units in a housing development at the densities or with the concessions or incentives permitted by this Section 9.60.270. The applicant may also request a meeting with the City to discuss such request for waiver/modification. In order to obtain a waiver/modification of development standards, the applicant shall show that (i) the waiver or modification is necessary to make the housing units economically feasible, and (ii) that the development standards will have the effect of precluding the construction of a housing development meeting the criteria of Subsection CM, at the densities or with the concessions or incentives permitted by this Section 9.60.270. 506 Ordinance No. Title 9 — Density Bonus Adopted: 2. Nothing in this Subsection F shall be interpreted to require the city to waive, modify or reduce development standards if the wavier, modification or reduction would have a specific adverse impact. 3. The application and review process for a waiver/modification of development standards is set forth in Subsection L hereof. G. Specified Density Bonus Percentages. Only housing developments consisting of five (5) or more dwelling units are eligible for the density bonus percentages provided by this Subsection G. The amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in Subsection C(1). 1. For housing developments meeting the criteria of Subsection C(1), subparagraph a, the density bonus shall be calculated as follows: Percentage Low -Income Units Percentage Density Bonus 10 20 11 21.5 12 23 13 24.5 14 26 15 27.5 17 30.5 18 32 19 33.5 20 35 (maximum) 2. For housing developments meeting the criteria of Subsection C(1), subparagraph b, the density bonus shall be calculated as follows: 507 Ordinance No. Title 9 — Density Bonus Adopted: Percentage Very Low Income Units Percentage Density Bonus 5 20 6 22.5 7 25 8 27.5 9 30 10 32.5 11 35 (maximum) 3. For housing developments meeting the criteria of Subsection C(1), subparagraphs c and d, the density bonus shall be twenty percent (20%). 4. For housing developments meeting the criteria of Subsection C(1), subparagraph e, the density bonus shall be calculated as follows: Percentage Moderate Income Units Percentage Density Bonus 10 5 11 6 12 7 13 8 14 9 15 10 16 11 17 12 508 Ordinance No. Title 9 — Density Bonus Adopted: Percentage Moderate Income Units Percentage Density Bonus 18 13 19 14 20 15 21 16 22 17 23 18 24 19 25 20 26 21 27 22 28 23 29 24 30 25 31 26 32 27 33 28 34 29 35 30 36 31 37 32 509' Ordinance No. Title 9 - Density Bonus Adopted: Percentage Moderate Income Units Percentage Density Bonus 38 33 39 34 40 35 (maximum) 5. An applicant may elect to accept a lesser percentage of density bonus than that to which the applicant is entitled under this Section 9.60.270. All density bonus calculations resulting in a fractional number shall be rounded upwards to the next whole number. The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval. 6. For the purpose of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located. 7. The application and review process for a density bonus as provided by this section is set forth in Subsection L hereof. H. Land Donation. When a developer of a housing development donates land to the City as provided for in this Subsection H, the applicant shall be entitled to a fifteen percent (15%) increase above the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan for the entire housing development, as follows: Percentage Very Low Income Units Percentage Density Bonus 10 15 11 16 12 17 13 18 510 Ordinance No. Title 9 — Density Bonus Adopted: Percentage Very Low Income Units Percentage Density Bonus 14 19 15 20 16 21 17 22 18 23 19 24 20 25 21 26 22 27 23 28 24 29 25 30 26 31 27 32 28 33 29 34 30 35 (maximum) This increase shall be in addition to any increase in density mandated by Subsection C, up to a maximum combined mandated density increase of thirty-five percent (35%), if an applicant seeks both the increase required pursuant to this Subsection I and Subsection C. All density calculations resulting in fractional units shall be rounded up to the next whole number. Nothing in this Subsection shall be 511 Ordinance No. Title 9 - Density Bonus Adopted: construed to enlarge or diminish the city's authority to require an applicant to donate land as a condition of development. 1. An applicant shall be eligible for the increased density bonus described in this section if the city is able to make all the following findings: a. The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application. b. The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than ten percent (10%) of the number of residential units of the proposed development. C. The transferred land is at least one acre in size or of sufficient size to permit development of at least forty (40) units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible. No later than the date of approval of the final subdivision map, parcel map, or development application for the housing development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of very low income housing units on the transferred land, except that the city may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Government Code Section 65583.2 if the design is not reviewed by the local government prior to the time of transfer. d. The transferred land and the very low income units constructed on the land will be subject to a deed restriction ensuring continued affordability of the units consistent with this Section 9.60.270, which restriction will be recorded on the property at the time of dedication. 512 Ordinance No. Title 9 — Density Bonus Adopted: e. The land is transferred to the City or to a housing developer approved by the City. The City may require the applicant to identify and transfer the land to such City -approved developer. f. The transferred land shall be within the boundary of the proposed development or, if the city agrees in writing, within one -quarter mile of the boundary of the proposed development. 2. The application and review process for a donation of land and related density bonus is set forth in Subsection L hereof. Child Care Facilities. 1 . When an applicant proposes to construct a housing development that includes affordable units as specified in Subsection C and includes a child care facility that will be located on the premises of, as part of, or adjacent to such housing development, the City shall grant either of the following if requested by the developer. a. An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility. b. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility. 2. A housing development shall be eligible for the density bonus or concession described in this Subsection if the city, as a condition of approving the housing development, requires all of the following to occur: a. The child care facility will remain in operation for a period of time that is as long as or longer than the period of time during which the affordable housing units are required to remain affordable pursuant to Subsection D. b. Of the children who attend the child care facility, the percentage of children of very low income households, lower income households, or moderate income households shall be equal to or greater than the percentage of affordable housing units that are proposed to be affordable to very low income 513 Ordinance No. Title 9 — Density Bonus Adopted: households, lower income households, or moderate income households. C. Notwithstanding any requirement of this Subsection I, the city shall not be required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community already has adequate child care facilities. 3. The application and review process for the provision of child care facilities and related density bonus or concessions or incentives is set forth in Subsection L hereof. J. Condominium Conversions. Any developer converting condominiums of a Housing Development of 5 units or more who seeks a density bonus, shall make such application in conjunction with its tract map application pursuant to the Subdivision Map Act, Section 9.60.260 of this Code and consistent with Government Code section 65915.5. Any appeal of any concession or incentive or review by the Planning Commission or City Council shall automatically require an appeal of the underlying map to that body. An applicant shall be ineligible for a density bonus or other incentives under this section if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were provided under government Code section 65915. K. By -Right Parking Incentives. Housing developments meeting any of the criteria of Subsection C11►, shall be granted the following maximum parking ratios, inclusive of handicapped and guest parking, which shall apply to the entire development, not just the restricted affordable units, when requested by a developer: i. Zero to one bedroom dwelling unit: one onsite parking space; ii. Two to three bedrooms dwelling unit: two onsite parking spaces; iii. Four or more bedrooms: two and one-half parking spaces. If the total number of spaces required results in a fractional number, it shall be rounded up to the next whole number. For purposes of this Subsection K, a development may provide "onsite parking" through tandem parking or uncovered parking, but not through on -street parking. 514 Ordinance No. Title 9 — Density Bonus Adopted: L. Application and Review Procedures 1. A written application for a density bonus, incentive, concession, waiver, or modification pursuant to this Section 9.60.270 shall be submitted with the first application that is submitted for approval of a housing development and processed concurrently with all other applications required for the housing development. Notwithstanding any other requirements, affordable housing projects processed under this section shall require approval of a conditional use permit, subject to the requirements of Government Code section 65589.5(d). The application shall be submitted on a form prescribed by the City and shall include at least the following information: a. Site plan showing total number of units, number and location of affordable housing units, and number and location of proposed density bonus units. b. Level of affordability of affordable housing units and proposals for ensuring affordability. C. A specific description of any requested incentives, concessions, waivers or modifications of development standards, or modified parking standards. The application shall include evidence that the requested incentives and concessions are required for the provision of affordable housing costs and/or affordable rents, as well as evidence relating to any other factual findings required under Subsection E. d. If a density bonus or concession is requested in connection with a land donation, the application shall show the location of the land to be dedicated and provide evidence that each of the findings included in Subsection H can be made. e. If a density bonus or concession/incentive is requested for a childcare facility, the application shall show the location and square footage of the child care facilities and provide evidence that each of the findings included Subsection I can be made. 2. An application for a density bonus, incentive or concession pursuant to this Section 9.60.270 shall be considered by and acted upon by the approval body with authority to approve the housing development and subject to the same administrative appeal procedure, if any. In 519 Ordinance No. Title 9 - Density Bonus Adopted: accordance with state law, neither the granting of a concession, incentive, waiver, or modification nor the granting of a density bonus shall be interpreted, in and of itself, to require a general plan amendment, zoning change, variance, or other discretionary approval. 3. For housing developments requesting a waiver, modification or reduction of a development standard, an application pursuant to this subdivision shall be heard by the Planning Commission. A public hearing shall be held by the Planning Commission and the Commission shall issue a determination. Pursuant to Government Code Section 65915, the Planning Commission shall approve the requested waiver/modification or reduction of development standards, unless one of the following conditions applies: a. The waiver/modification is not required to make the proposed affordable housing units feasible; or b. The waiver/modification will have a specific adverse impact. The decision of the Planning Commission may be appealed to the City Council in the manner provided in Section 9.200.120 of the La Quinta Municipal Code. 4. Notice of any City determination pursuant to this section shall be provided to the same extent as required for the underlying development approval. SECTION 2. ENVIRONMENTAL DETERMINATION; GENERAL PLAN CONSISTENCY; COMPATIBILITY AND SUITABILITY: The City Council finds that adoption of this Ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14 California Code of Regulations section 15061, subsection (b)(3), in that the proposed Ordinance involves a proactive measure to implement recent changes in State law and does not have the potential to significantly effect the environment. The City Council further finds and determines that the Ordinance is consistent with the goals, objectives and policies of the City's General Plan, in that the Ordinance implements certain programs and policies contained in the General Plan Housing Element that expressly require compliance with State density bonus law. The City finds and determines that this Ordinance is compatible with zoning on property in La Quinta and that the amendment affected by this Ordinance is suitable and appropriate for property in La Quinta. 51R Ordinance No. Title 9 — Density Bonus Adopted: SECTION 3. PUBLIC WELFARE: Based on the recitals in this Ordinance and the information in the staff report, the City finds and determines that this Ordinance will not create conditions that are materially detrimental to the public health, safety or general welfare. In fact, the adoption of this Ordinance will contribute to the general health, safety and welfare of the community by promoting consistency with State law. SECTION 4. SEVERABILITY: If any section, subsection, subdivision, paragraph, sentence, clause or phrase, or portion of this Ordinance is, for any reason, held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council herby declares that it would have adopted this Ordinance and each section, subsection, subdivision, paragraph sentence, clause or phrase of this Ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or effective. To this end the provisions of this Ordinance are declared to be severable. SECTION 5. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after adoption. SECTION 6. CONFORMING CODE PROVISIONS: Any provision of the La Quinta Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 7. POSTING: The City Clerk shall cause this Ordinance to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the BOOK of ORDINANCES of the City of La Quinta. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this _ day of , 2007, by the following vote: AYES: NOES: 517 Ordinance No. Title 9 - Density Bonus Adopted: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA MONTECINO, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 5t? Ordinance No. Title 9 — Density Bonus Adopted: STATE OF CALIFORNIA) COUNTY OF RIVERSIDE► ss. CITY OF LA QUINTA ) I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. which was introduced at a regular meeting on the day of , 2007 and was adopted at a regular meeting held on the day of 2007 not being less than five days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution 98-109. VERONICA MONTECINO, CMC, City Clerk City of La Quinta, California DECLARATION OF POSTING I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on pursuant to Council Resolution. VERONICA MONTECINO, CMC, City Clerk City of La Quinta, California 519