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2008 01 15 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, JANUARY 15, 2008 3:30 P.M. Closed Session / 4:00 P.M. Open Session Beginning Resolution No. 2008-001 Ordinance No. 452 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 — NONE RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. 4-00 P_M_ PLEDGE OF ALLEGIANCE City Council Agenda 1 January 15, 2008 PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CONFIRMATION OF AGENDA PRESENTATIONS — NONE WRITTEN COMMUNICATIONS — NONE APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF DECEMBER 18, 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 JANUARY 2 AND JANUARY 15, 2008. 2. RECEIVE AND FILE TREASURER'S REPORT DATED NOVEMBER 30, 2007. 3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED NOVEMBER 30, 2007, AND INVESTMENT SUMMARY FOR THE QUARTER ENDING DECEMBER 31, 2007. 4. APPROVAL OF SECOND READING OF ORDINANCE NO. 450 AMENDING TITLE 6, SECTIONS 6.04 AND 6.05 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATING TO THE COLLECTION, TRANSPORTATION, AND DISPOSAL OF SOLID WASTE AND RECYCLABLE MATERIALS IN THE CITY. 5. APPROVAL OF SECOND READING OF ORDINANCE NO. 451 AMENDING TITLE 9, SECTION 9.60.270 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE MODIFYING THE CITY'S DENSITY BONUS AND AFFORDABLE HOUSING INCENTIVES IN ACCORDANCE WITH STATE LAW. 002 City Council Agenda 2 January 15, 2008 6. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE FINANCE DIRECTOR AND ACCOUNTING MANAGER TO ATTEND THE CALIFORNIA SOCIETY OF MUNICIPAL FINANCE OFFICERS ASSOCIATION (CSMFO) 2008 ANNUAL CONFERENCE IN ANAHEIM, CALIFORNIA, MARCH 4-7, 2008. 7. ACCEPTANCE OF OFFSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 30357, MOUNTAIN VIEW COUNTRY CLUB, TOLL BROTHERS. 8. APPROVAL OF A CONTRACT AND LICENSE AGREEMENT FOR CROSSING FEDERAL LANDS FOR JEFFERSON STREET IMPROVEMENTS, APPROVAL OF AN AGREEMENT REGARDING RESPECTIVE DUTIES UNDER BUREAU OF RECLAMATION JEFFERSON STREET LICENSE, AND ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE BOTH ' AGREEMENTS. 9. APPROVAL OF PROGRAM SUPPLEMENTAL AGREEMENT NO. 008-N TO AGENCY -STATE AGREEMENT NO. 08-5433R FOR FEDERAL FUNDING TOWARD THE JEFFERSON STREET MEDIAN LANDSCAPE IMPROVEMENTS, PROJECT NO. 2005-03. 10. APPROVAL OF A REIMBURSEMENT AGREEMENT WITH CORAL CANYON LLC., A DELAWARE LIMITED LIABILITY COMPANY, FOR JEFFERSON STREET REALIGNMENT/IMPROVEMENTS (STREET TO BE RENAMED BY CITY OF LA QUINTA) FROM THE REALIGNED NORTHERLY TERMINUS ON AVENUE 58 TO THE NORTHERLY BOUNDARY OF TENTATIVE MAP 33444. 11. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO ATTEND THE CALIFORNIA CITIES PUBLIC WORKS OFFICERS INSTITUTE AND MINI EXPO IN LA JOLLA, CALIFORNIA, MARCH 5-7, 2008. 12. APPROVAL OF A REIMBURSEMENT AGREEMENT WITH TOLL BROTHERS, INC., FOR STREET IMPROVEMENTS ON AVENUE 50 AND AVENUE 52 ALONG TRACT MAP 30357. 13. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF ONSITE AND OFFSITE IMPROVEMENTS FOR TRACT MAP 31910, CAPISTRANO, LA QUINTA 57 ESTATES, INC. 14. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF ONSITE AND OFFSITE IMPROVEMENTS FOR TRACT MAP 30138, DIAMANTE, LA QUINTA DEVELOPERS, LLC. 10 003 City Council Agenda 3 January 15, 2008 15. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE CITY CLERK TO ATTEND THE SOUTHERN CALIFORNIA CITY CLERKS ASSOCIATION GENERAL MEETING TO BE HELD IN PISMO BEACH, CALIFORNIA, JANUARY 24-25. 2008. 16. APPROVAL OF FIVE-YEAR AGREEMENT BETWEEN THE CITY OF LA QUINTA AND SUNLINE TRANSIT AGENCY CONCERNING ADVERTISING, INSTALLATION, AND MAINTENANCE RELATED TO BUS SHELTERS. 17. APPROVAL OF AN AGREEMENT WITH THE COUNTY OF RIVERSIDE TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE, AND MEDICAL AID FOR THE CITY OF LA QUINTA. 18. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE PLANNING COMMISSION AND PLANNING DIRECTOR TO ATTEND THE 2008 PLANNERS INSTITUTE IN SACRAMENTO, CALIFORNIA, MARCH 26-28, 2008. BUSINESS SESSION 1 2 3 El CONSIDERATION OF CITY OF LA QUINTA PROMOTIONAL LOGO. A. MINUTE ORDER ACTION CONSIDERATION OF A CONTRACT EXTENSION WITH COMMUNICATIONS FOR PROFESSIONAL MARKETING SERVICES. r-AINEW&Hli m9:90101:[:w_L4&il[i]illI CONSIDERATION OF CIVIC CENTER CAMPUS ACKNOWLEDGEMENT AREA APPLICATIONS. A. MINUTE ORDER ACTION CONSIDERATION OF CITY COUNCIL REORGANIZATION. A. MINUTE ORDER ACTION KINER U\ i1110MR] 004 City Council Agenda 4 January 15, 2008 5. CONSIDERATION OF CITY COUNCIL STANDING COMMITTEE APPOINTMENTS. A. MINUTE ORDER ACTION STUDY SESSION 1. DISCUSSION REGARDING THE CITY MAINTENANCE YARD MASTER PLAN, PROJECT NO. 2006-05. I i�e1�P71��1 t�1;LLlet>1L�7��/ 1��1�Ji6� 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) 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. BOB HOPE CHRYSLER CLASSIC AD -HOC COMMITTEE 19. INVESTMENT ADVISORY BOARD MINUTES OF DECEMBER 12, 2007 20. COMMUNITY SERVICES COMMISSION MINUTES OF NOVEMBER 19, 2007 21. PLANNING COMMISSION MINUTES OF DECEMBER 11, 2007 J 005 City Council Agenda 5 January 15, 2008 DEPARTMENT REPORTS 1 . CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS B. QUARTERLY MARKETING REPORT 2. CITY ATTORNEY — NONE 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING & SAFETY DEPARTMENT REPORT FOR DECEMBER 2007 5. COMMUNITY SERVICES DEPARTMENT REPORT FOR DECEMBER 2007 6. FINANCE DEPARTMENT REPORT — NONE 7. PLANNING DEPARTMENT REPORT FOR DECEMBER 2007 A. UPDATE REGARDING SPHERE OF INFLUENCE EAST OF CITY LIMITS B. UPDATE REGARDING THE ACOUSTICAL ANALYSIS REPORT FOR THE RANCHO LA QUINTA MASTER ASSOCIATION 8. PUBLIC WORKS DEPARTMENT REPORT FOR DECEMBER 2007 9. POLICE DEPARTMENT REPORT FOR DECEMBER 2007 10. FIRE DEPARTMENT QUARTERLY REPORT — NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION OF UPDATE REGARDING AVENUE IMPROVEMENTS. (REQUESTED BY MAYOR ADOLPH) RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7-00 P_M_ PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. PRESENTATIONS — NONE City Council Agenda 6 January 15, 2008 ' , 003 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. PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING TITLE 8, CHAPTER 13, WATER EFFICIENT LANDSCAPING ORDINANCE. 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 February 5, 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. 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 January 15, 2008, 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 January 11, 2008. DATED: anuary 11, 008 C� ERON� NTECINO, City Clerk City of La Quinta, California City Council Agenda 7 January 15, 2008 O07 Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7103, twenty- four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 7103. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting. ./ 003 City Council Agenda 8 January 15, 2008 � 5 �s c 9w5 OF T4Tti COUNCIL/RDA MEETING DATE: January 02, 2008 ITEM TITLE: Demand Register Dated January 02, 2008 RECOMMENDATION: Approve Demand Register Dated January 02, 2008 BACKGROUND: Prepaid Warrants: 76016 - 76042) 76043 - 76043) 76044 - 76067) Voids} Wire Transfers} P/R 34156 - 34175) P/R Tax Transfers} Payable Warrants: 76068 - 76227) FISCAL IMPLICATIONS: Demand of Cash -City Demand of Cash -RDA John M. Falconer, Finance Director 22,520.64 767.36 663,773.96 (1,306.50) 618, 798.13 203,957.92 57,249.57 2,669,838.01 $4,235,599.09 $2, 549, 507.69 $1,686,091.40 AGENDA CATEGORY: a. l&lj►I�"RM &*Ice]CI CONSENT CALENDAR I STUDY SESSION PUBLIC HEARING • 009 CITY OF LA QUINTA BANK TRANSACTIONS 12/12/07 - 12/26/07 12/17/07 WIRE TRANSFER - ICMA $9,235.23 12/17/07 WIRE TRANSFER - PERS $54,955.36 12/18//07 WIRE TRANSFER - LANDMARK $246,232.54 12/18/07 WIRE TRANSFER - WATERCOLORS $103,000.00 12/19/07 WIRE TRANSFER - ESCROW FEES $2,375.00 12/21/07 WIRE TRANSFER - WATERCOLORS $103,000.00 12/21/07 WIRE TRANSFER - WATERCOLORS $100,000.00 TOTAL WIRE TRANSFER OUT $618,798.13 4 ii 010 Od I I b m N N n O b O \ I Y J I M r M N O P O m l u 6 1 O I W H I M P m O O M P N O 1 20 1 O N M M r N WNW I U1- I m O W I I d £ I 1 O O I 1 O 2 I I I I C F I 1 W 0 1 1 ao I 1 W I Z I m W I Z I Z z C I I 1 n< 1 x x x x x x x x I O I z I £ W W 1 O 1 Q¢ 1 bb NOPmNnnNOMb�G0�NP0Pbm rat b O� An 00 00 bb O I \ I M M A P A NN b m NN onni N M N 00 P P 0 0 U W I U I UN 1 MM P,nONNm 00 MM PP NN 4 I Z- I 00 NMNVNrrNN�}rNn�SNNHONN MMMNNc- rNANOMM MM AA NN I ¢O I mm I ti I 1 i 1 I I I=0 I I W 1 I K W W 1 I Z I 1 v I N N N N N N N N N N N N N N N N N N N o 0 0 N N N N N N N N b O M I I I I 1 I I I I I I I I I I 1 I I I I I I I I I I I I I I I N N N N N N M O N M �-• I I P NNNNNNNNNNNNNNNNNNN �t �i �t �iN �S �S �T �}�}�} �} O �} N £ I Z I N N N b 1 O I �t .t .t �t .1 •1 V �t d d d d d d d .t d �i .t �i .i V .i �f V .T .t .f .i .i .i N M N �i Z I 01 I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I 1 1 1 I I I I I I I I I I U I O O N N Y I U 1 N O O O O O O O O O O O O O O O O O O O N O0 o0 a0 o 0 aN o0 o0 a0 0 O O N O z I ¢ 1 O 0000000000000000000 0 0 0 0 0 000000 O O A O Q I 1 N r r r r r r r r r r r n r n n A A A n N N N M M N N r M M M O b m I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I I I I I I I I I I I I I I Y I 1 O O O O O O O O O O o 0 0 0 0 0 0 0 0 0 00000 000000 O O O O I I K I I W 1 I H I I to 1 I t1 I I m I 1 W 1 I n r n A A r r r r r r r r r r r r r n n A A n A A A A A A A n A n C 1 1 O 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00000 o 0 o o oo o O O 0 I O 0000000000000000000 00000 0 0 0 0 0 0 O O O O Y I I N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N W I F I b b b b b b b b b b b b b b b b b b b b b b b b b b b b b b b b b b b 2 I Q I N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N I I N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N J I I m I I ¢ 1 1 } 1001 b 6 I Z I m 1 16 1 I I � N I I H Z 1¢ I M N N N N N N N N N N N N N N N N N N N A AAA A M M M M M M M O N �t O 1. 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OF Tt1S''9 COUNCIL/RDA MEETING DATE: January 15, 2008 ITEM TITLE: Demand Register Dated January 15, 2008 RECOMMENDATION: Approve Demand Register Dated January 15, 2008 BACKGROUND: Prepaid Warrants: 76228 - 76258) 17,896.88 76259 - 76268) 61,664.44 Voids} 0.00 Wire Transfers} 437,679.55 P/R 34176 - 34196) 21 1,656.14 P/R Tax Transfers} 61,263.94 Payable Warrants: 76269 - 763481 423,374.63 $1,213,535.58 FISCAL IMPLICATIONS: Demand of Cash - City $766,280.22 Demand of Cash -RDA $447,255.36 ohn M. Falco er, Finance Director AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING �: 059 CITY OF LA QUINTA BANK TRANSACTIONS 12/27/07 - 01/08/08 12/27/07 WIRE TRANSFER - WATERCOLORS $80,000.00 01/02/08 WIRE TRANSFER - PERS $54,956.57 01/02/08 WIRE TRANSFER - PERS $2,530.40 01/02/08 WIRE TRANSFER - ICMA $9,185.23 01/03/08 WIRE TRANSFER - HEALTH PREMIUM $92,215 49 01/04/08 WIRE TRANSFER - LANDMARK $184,751.86 01/08/07 WIRE TRANSFER - FOUR SEASONS ESCROW $14,040.00 TOTAL WIRE TRANSFER OUT $437,679 55 060 O N I I P P d O O W •0 n O O N W A •0 \ I YJ I P W +t O O N W •O O O N V W O W I UQ I O I W 1- I P O M P O N N A •0 P M O P M d O 1 2 0 1 W r O N N �t M a- n N •0 r A P M W N 0= I U I- I �t P � � O � � W M N •O 1 £ I I o m I I O Z I I 1 1 W 0 1 1 6 O 1 I U w 1 Z 1 NO I ZI I O Q I # # # # # # # # # # # # # # # H I O I w Z I £ I 0 1QCI 00000 00 IONMW •0 `0 AA 00 00 NN WW AA 0 O I \I PP WW OOoOO 00 NN NN0 N WO `0 00 00 NN �t �t WW 00 U I urn I PP 00 MM N00 NN MNN rr •0.0 PP MM 00 PP MM WN N �Odd Q 1 Zti I WW AA 00 AWN N NN `td NM�M nn NN •0 .0 nA An PP MM 000 COW MM NN �O.0 H I � 1 HW 1 NN 1101 1r 1 I W I I LCw I 1 Z 1 I -1 1 0 A W�M In •O 0.0 M P � � I 1 O O M �OOo O In O 0 0 d 0 O � I I I I I I I I I I I I I I I I 1 I I I I I I I N N •O �OM`0O M � MMM � M N M N � N N E I Z I N N M MNN�t N N M N N N N N N E I 01 I I I I I I 1 I 1 1 1 I I I I I I U I N N N 0•0O N 000 00 •0 � N N N `t N �t fC I V I N N O 000 0 000 O O N O N O N N L I Q I n r O NOON O O 000 O O r O r O n O Q 1 I M nMM`t 11 I I 1 I I I I I I I I I I I I I I I I I I I a I I O O O NNNN O O 000 O O O O O O O O I I z 1 I w I I � I I � I I I 1 O W 1 I W W W W W W W W W W W W W W W W W W W W z I I O O O OOOo O O 000 O O O O O O O 0 I I O O O NOON O O OOo O O O O O O O O Y I I N N N NNNN N N NNN N N N N N N N N u I W I \ \ \ \\\\ \ \ \\\ W W W W \ \ \ \ \ \ \ W W W W W W W x I Q I O O O NNNN O O 000 O O O• O O O O O u IQ I \ \ I w I 1 0 0 0 NNNN 0 0 000 0 0 0 0 0 0 0 0 J I m I Q 1 I Y 1 OO I a 1 • z 1 w 1n W r 1 1 6 I to I I H z 1. 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I I d d d U x d x C •• I J 1- d 1 Q 1-0 1 O MM O O O O F- I-r 1 I O NM p CN 1 I I I I 1 I I �- ZQ I I O O O O a 1 1 z X I I P t-In M M M Q W 1 I O In •O �p �p ¢ I I I I I I I I 1 H I O ON 1 Z I O 00 O O O O 1 oO I O 00 O O O O I O Z I O � d M �O •O �p I u I I 1 1 I I I I u I I Q I O 00 O O O O 1 I 1 I I W I n AA A A n A 1 1 O 00 O o O O 1 owl O 00 O O O O I I N NN N M<N N N I I \ \\ \ \ \ \ I UC I W nn n A n A I W I N NN N N N N I u 1 HN NN N N NN N e- I 1 Z I No 00 O O JO O I Cl I w0 00 O O 60 O Q I O 3 M `1 I Z I r W W H P I •O 1 -10 S N 1/1 I O Z 1 m 1-w N I a w m W O H I 6 I u -1Z O J I I o w a C w QrWOI ¢ Op COO YJ<, mV u I Lw2 I w YN -NN OW-- Jr Oln n r Q S I Z 6 N 3lAlA Q K 0 <1 2 U 1 z 3 00 Ma 0 OQ 0 O <1 O 1 Q K ZOO O =0 NO %O N H I CO 1 3 Dd 000 O z0 ZO F-O nPH I O 1 H N M J 1 Z I = K m J J \M p 1 W I z NZ I> I F > > 3 n 3 A 3 A 3 A J I I w •• I W I (O MN d' d' 6' d' W£d IOu I KQO I Z0 r N SON MPP dO0 N0 Mm d00 QW 1 >= I O ol- NPP -W Q£ PL ow d u• } I O> Z I O O n N N N o W O w M w o W W O H I Z Z I O 00 a-- O u O u O u o U I O 00 OW OW OW ow d aul> 1 0 000 ory oc oc oc oc Qg4 COUNCIL/RDA MEETING DATE: January 15, 2008 ITEM TITLE: Transmittal of Treasurer's Report as of November 30, 2007 RECOMMENDATION: Receive and File FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: _cv_- STUDY SESSION: PUBLIC HEARING: Transmittal of Treasurer's Report dated November 30, 2007 for the City of La Quinta. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: 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 herby certify that sufficient investment liquidity and anticipated revenues are available to meet next month's estimated expenditures. Respectfully submitted, AVVA/� -j/tA� John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Treasurer's Report, City of La Quinta 1 ti 2 TO FROM SUBJECT DATE c%44Qw;.rw MEMORANDUM La Quints City Council John M Falconer, Finance Director/Treasurer Treasurer's Report for November 30, 2007 December 31, 2007 Attached is the Treasurer's Report for the month ending November 30, 2007 The report is submitted to the City Council each month after a reconciliation of accounts Is accomplished by the Finance Department The following table summarizes the changes in investment types for the month. Investment Be innin Purchased Notes Sold/Matured Other Endin (3) $ (367,819) $ (90,240) (1) 0 $ (458,059) 41,633,61600US 40)LAIF 38,633,616 5,500,000 (2,500,000) 208,696 53,786,35396US Treasuries (2) Gov't Sponsored Enterprises(2) 53,577,657 54,620,759 (10,000,000) 76,941 44,697,70059)19,845,243 ]ChanCash Paper (2) 5,000,000 37,512 4 720 24,882,75512Commercial 793784120Corporate Notes 7,933,121 1 2 144 337 ,,96637Mutual Funds ,382,303Total $ 180,624,80 $ 10,409,760 $ 14,644,337 $ 327,tl $ 176718,172 708 I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code, and is in conformity with the City Investment Policy As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. The City of La Quints 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 112-12-009 e John M Falconer Finance Director/Treasurer Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month. (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments (3) The cash account may reflect a negative balance This negative balance will be offset with transfers from other investments before warrants are presented for payment by the payee at the bank m • 3 Treasurer's Commentary For the Month of November Cash Balances — The portfolio size decreased by $3.9 million to $176.7 million. The major reasons for the decrease continue to be 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 16 days to 100 days at the end of November. The six month US Treasury benchmark continues to decline based upon investors fears and ended October at 3.34%. 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 AIG 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 securities to maturity as well. The sweep account earned $5,501 in interest income for the month of November and the bank fees for the month were $ 1,906 which resulted in a net increase of $ 3,595 in real savings. Portfolio Performance — The overall portfolio performance decreased by five basis points from the prior month and ended at 4.97% for the month, with the pooled cash investments yielding 5.04%. The overall portfolio yield (including bond proceeds) was one hundred sixty three (163) basis points over the benchmark, which has increased by fifty six (56) basis point from the (107) basis point difference in October. With the average maturity of 100 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 5.03% and the benchmark was at 4.94% 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 48`h and Adams. Future Thoughts The Treasurer will continue to invest in short term maturities to take advantage of the yield curve — Commercial Paper with 30 to 90 day maturities and Bond proceeds will be laddered in three- and six-month Treasury bills as they mature. Maturing GSE's will be rolled over to the highest yield on curve taking into consideration cash flow needs or in medium term notes. 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Pmm a e� e m� a a e gLLr, g � v Ea va'y�i froma LLfr _ �uuoa Eoag_=uwP° rc uo" uao" �I ss.mm' ga�erm�m zsN�m a" " "'�6om�mo sN.m gmh`o �e rr g- -ra mho^ �ha to 'co"gym E'n n3.mSo� Erog� En �n b` gmngrvr Ee, n�b'+_ry Ew m�`m �ry "sN$m �vm�4m�eS go"� owm„� om��moo n NM�g .29 d rmrn a r dmodv a'aN�N a7 am .4H gym g3o^mm m g �&a 8m�mIM ffi w` w dAa 0$a8a a8a z8a E m-.� E mfruo vEz g" �voz� v �vozo=Ez g" :c� mar'u'= u LL LL L^mmmEB=m �gmmE8=3 Ery"mmEgio `^EmmEB�� rum`»a`u°O �'r ru'm»a`u�� rum»auEr rci�»a`c°gr W CM olla ouma Rewnubalmn of Actual and Surplus Funds Cay. Reddw,RPm dt Agency and Financing Authori Novemper 30 2W7 Balance M Acual Fulls 1]6,]181Y2 Less Party cash Funds (Imod Less Mon -Surplus Funds (l,026,617) Balance M Surplus Funds $ 175.690,555 C CaSN 6lmesmamz ACWums -gvallabil S T SSus SYepsus Wells Fago-CemdM Ndpd e CMWrp Bppk $ I506.)f/ul $ Ad F76�nk nand Fargo -Sweep No Bwe¢p 0 j PeMCash- Uemand No WA 1 WO _ " s FarOdHou9rq Demand Yes Check. 0616 $ O.6dfi Tplal-Bad gPauras j a5B,f69 $ N.Nfi $ tl 6a6 S $ I7.618 U S TRaSuor Cusiodnm Avakb Su u5 ISWer? Antral Value Surplus Yea Ad Blvplus Year - TNN-US Tree U S Government.... . Emerpnses _ Cuamdwn-gvaddbA BN lust IssuenT Anlomied Value Bankol New YOr .and Yes FrMde Mac 2,9d5,B53 Bank of New York Demand. Freddie Mac 9937,517 Bank of New York -DemaN Yes FILE Later IN Bank 0l New YorkDemandYes RICE 4We415 Bank Ol New Yoh.Cemand Yes FMme Mae A432,T11 Bankol New York Demand Yes FHLB ]99B,1B] Bankpf New York: Yes FHLB li 144 Bankol New York -Demand Yes Fredde Mac 2447617 TOIaI-U5 Wremrk Secludes _ 4a,69],i0p AMal% Yes AllF W Surplus Actual°b Yes[Iffl 1,02)61] O Surplus Np qd Surplus Fb AIIFir S Acual% Swplus Tes e W98x 9 oa6dx Surjymes SUdo Sid"de 7112�.I Swplus Na AO No Yes 2,915,95J853 - --- 9,9]),51]51] _ 1,999195a5 4.944415'l 4A32)]1]]1 ],898,18]18] _ 9,992.141N2 N]Bl]617N.69),]W]W _ 214112% Pnoe COmmertlal Paper CuslpdWn-gvada5il Sin lus Issu¢r?v s Beek Value Surplus Yes Surplus Bank pl New Yprk-Demand _ Yes Nestle 1,902,33) 4,982,33] Atli Yes 4,992,332 Ballot Nex VOM-Deus»] Y. Pmcler S Gamble 4,B3I,022 4,%3,M 4,993,022 BdnFNNew Yoh-Cemad Yes M¢mll Lynch 4,WV,3]2 4,961 I,BN,3T2 Raw of New Twk- CemaFd Yet bM Deere 4,%0,124 4,BW,121 4,9W,121 Bank p(New Ywk-CemaM Yes _ qlG Fudin Inc 4868.SN 49N 803 1969,903 TOlal-Poore COmmerdL Pd r 2q,N3 ]$5 21 BB2,)56 24,881 ]55 Lpcal Agency ve50reM FUM BurpWs Swplus Nacre - AvimundidyBu us _ T a Bwk Yas Ad y¢5 IAIF� City- LemaN Yea 51a[e Paol ]8,4fi),d1J JB,d6),N3 11,SJJ.JT2) J6,93d,091 IAIF-0.0A-Oemand Yes Slue Paol J,i N,TOJ 3166 0.3 3IN,203 Total - Slag Puol _ d1,6J3,618 d1.N3,61fi 1s3]p2T do,t00$96 S.M. Surpus AllF mZ Swplus No Ad N0 L Actual is I Yes d d910% I5191% Surplus Np Ad Surplus No All Funds Atluat% Surplus Yes 140805% 14t628% Surplus No Ad Surplus No All Fulls Actual% Surylus Yes 2J5593% 22a2461 Tared City 1nW5Numa 119,151,912 118,151,912 1,S]],]22 11],51/,NS 6]4310X 66 N65% Twal CRY, Cash 6 linsNxMa iL,BW,/5] H9,1N,558 1,5]].II3 112,8N,2]S N5,]0 1,5]],43 1,02],61) 6T 1656X 6fi.9]35X FscslA ntlmaFbnanis PomOko'CityAn CuzlOdran-gvailaoil Ad. 5 turn _ Issuer? Amon¢e0 Valce Buryhm Yes M Surplus YR 2002 RDA US Bank COP 20a Fial ANllomy -CIP 2004 Faiance Auditory ClP 2WtFlnance ANMr -0IP Yes Yes Yes Yes U3Tneazury BA USTreasury BM USTreasury Bud US Thasu Bid 13—M 180 5,923.650 11957,403 21.942,140 iJ.963.180 5,W3,5W 11,07,483 21,942,140 13,9N,180 5923,550 11,07.483 21,942140 TOIdI�US TRdSu 53.78,16,353 53.786,353 53,)88,35J Pdrfclo Mutual Funds TmAd,rd-AvadabiN Sur lus Money M.h _ mulum FUM Book Value Sup1ue Yea Ad Suplue Yes Crv% Centel U S Bank - Protect YES 1st American 460 460 dN Cite Center U S Bank - Deus Svc YES 1st Arn¢ncan 1994 RDA US Sank -Debt Svc YES 1st Amend 1995 RDA V S Bank -CIP YES istAmedwn 1996 RDA U S Bank - SIRUaI FUN YES 1stAmehxn 20W Far Alan US Band - Escrow YES 1atAmenca0 _ 1998 RDA U S Bank -CIP YES 151Amencan _ 1998 RDA U S Bank - DM Svc YES 1tl American 1998 RDA U S.Bank-Sµ Al Fund YES 1st ArdV n 1998 RDA U S Bank -CIP YES 1slAmencan 20OI RDA US Bank - OM Svc YES 1NAmencan _ 2001 RDA US Bank -CIP YES tst Amengn 2002 RDA US Bank - DM Svc YES 1m American 2002 RDA US Bank-CIP YES 1m Amencao 2.4ID 221 2A00.225 2A30,225 2003 Tenable RDA U S Bank -DS YES 1g Amexan 2W3 Taxable RDA U S Bank-001 YES ISIAmencan 2003Taaabk RDA S BankLIP YES 1st Amerirn 20N Fin ANM1 US Bank -CIP YES 151Amenwn LW]281 1.N7,2.1 1,80)281 2004 FarAUN US Bank- COt YES Ind AmenGan Subbtal Mutual FdW dp3),9N 4.23>,8N 4.23).9N TWI Fiscal Agee Invasdmma Surplus W Ad Surylus No All FUMS Actual Surylus Yes ]04362% 3061737 Surylus No Adl Sd,lu3 NO AIIFur9s Acual% SogNS Tes 239a1% 2442% 51,0)4,]19 59,024.J19 N,@4fl9 )29)N% 3).02NY. 94 GrandToial IT6,]U.1)3 1TT,223,6n 1.03, T 1T5,690,555 505,705 1,53]]23 1 127,617 100 W0 10000NX 10 p I>i m O1 nMMm �o '^ n n m w� Nm f W vl^p�nm Ww W OO O me 'Rd N V V (7 {Wy p p m m W m "l o h m o� n N .-m alnmR c o 0 N O W 4 m N W 1Np N m M N O W m m r W Q m y C N O IA� d m pWl OIN Mfpn N m m N O W < INp < y O �� LL T a r f0 N Y r N N V N- N ' OI i O` y O O N T M M W m U m p M m q m m 0. N OMI n N O V h 0 W n e Y^I LL N f0 N M (r0 lW+l W r! N C N M W m W LL N O ...0 MO A e N OWl 10 O M e fM0 h O M ` gy m 1- pMj W YrI h e m� M U 0 W W LL' n � One p r N N d p tli N 0 N N r N Y t] paO r 0 !p O N m O Ir+I N W (h V 11mj O O Y Y n m N Cm5 M V N M N W V W W W IA O O n" M M N � N m LL N A N 4 O NIA OI yi A yj O � O m r m n N W I[1 M r' W aN r n- a o orv�va mm'ry M M m Ip0 Ld n M O F C E G N 1 Q C F N 0 � N 'J Y � Y 0 Y C R OI W 61 O1 N C Y Q Q Y �a` N W m d m m c C Y 9 Y C Y Q L n Y N O Ec 0 Q Y Y o C C N m �M0-M U c � ncwti n`m 'pY G_'6n 1O m d L o C d Y Q N m a�Y�OK Y X W Y N Y W NKOUpI- O 2 U W 2 m V M T N � a 095 11 ea ag=ii Ie g 0 ..i d .i: O Me a' \\° e e e e 14 pp°eee" (e(yy e e aye a �e _aee e e e _ ^ �wee e � nv]m P eee' e w � W �mOMm aem ro°c\i °u\idm aeo e°e W e a�d,'o° O N 10 d O LL d d d� n y LL fV N lV N O m LL b m M 0�� LL OWj N n N m W LL N N T m m �- O e ° N ] O O W Ci ee ea° ❑ M fM0 V N l0 epee y� N W l7 0 e O (7 t,1 N e n �- \ee e M^ O W Z d M M d WM^ O O IN N IO (p M N e e e e W o�p oo o W N >eeee � O >eeeeee e d dC) d, N�ON4 M ZMm MO W Z1�d' N 0 ZN OM 9. H Z.00 N ZO.d o'OWi ^' N ^ O^^ � N O N^ N a o N e b m \ r�e-] U W ^O-OOO N \\\ Aeee MdrN ag "eeeeON mMe0MMON QIJO/JJ \e oeeee OWpdmmM M.e° OMQ`OM :- N7eee idO�VO^JA% ONO�eO�eOd ONNPOWdOMed. E E E E to to C v vw E E E E E E E > N u m N`_ t- v c Vqqrr c c�i E - U o,$ mmE mp,G mmt m°�E m°�E `"vE n ary aq v a a Q m a Uo Q y U O N- N m > O,°O] ZO Bi p N- i O vi C 0 O B m v LL LLQK p.w ^ NN0 O.LLQO: C. LL 3K y LLLLaK Rw3¢ O T O O m O 0=7 N m q O O O m� O O O m � O IS O T O O O T 4LL QK O o FAOc N €m A 2'ccml` many` ` E A cg'c�= m^ wcc=o m cccNo O O T A Q -J amcmE�v c n A2 w w w d `ANA A w w w F 2 E AR' w w w@ E,�2' w w w v E E E A AAA E E c c w Q' N a ut av c WOW w w N' w w w _ A O LL' N_ N N Y N O v H N" v Bi v N.h .� E N T v alit v __ N ` r0 N w wr p; A A aa-=v N H A N N_ C N A A F A N O LL' N A N O W cu m A N 10 N O W LL' LL N j A O LL' JmL" �.y .y N j j O W R' N O W J j N K U SZ Q Q`Qin a `'S QQQN QJ QQ Q!/IQJ Q QQ Q(OQJ C c[ y w QQQ41Q J C C C w QQQ VIQJ c c aLL I� QQ Q NQ J 1L _ m r N F E N o O Z N .N. m E N a o - a U o pi c W N a c' N Q .G E ° m Q a N m L N c — c C c Q M ? ILL 0) � O N Q C E w rJ a` n O T ' � O N N h N Gf N � r ccRE ° C >m y O °o ry7 Z V L iO m t J Of c o N c v- _ O w O ° w w O C> ea n L V c � N � e " olz ' o y o 0 0 0 0 0 0 0 o m o o I C co 7 N ` O y a I I 1 1 1 1 i■ I I I I I 1 I■ i I I --T I I I I■ I I i i i i° I" i i i i 1■ 09? 13 o� Cep 4 64Z4arC49j OF COUNCIL/RDA MEETING DATE: January 15, 2008 AGENDA CATEGORY: ITEM TITLE: Transmittal of Revenue and Expenditure BUSINESS SESSION: Report for November 30, 2007 and Investment CONSENT CALENDAR: Summary Report for the Quarter Ending December 31, 2007 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Receive and File FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Transmittal of the November 30, 2007 Statement of Revenue and Expenditures and Investment Summary Report for the Quarter Ending December 31, 2007 for the City of La Quinta. M Respectfully submitted, AW1A. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Revenue and Expenditure Report, November 30, 2007 2. Investment Summary Report for the Quarter Ending December 31, 2007 1,R] K A 1 1 AUMVICM 1 1 CITY OF LA QUINTA REVENUES-ALLFUNDS 0710112007 - 1113012007 FUNDS BUDGET RECEIVED RECEIVED General $38,265,69900 $7,736,02954 20.20% Library 2,045.70000 385,83009 1890% Gas Tax Revenue 756,20000 323,35508 4280% Federal Assistance 164,80000 000 000% JAG Grant 10,60700 000 000% Slesf(Cops) Revenue 100,40000 13328 010% Indian Gaming 190,75000 22,975.60 12.00% Lighting & Landscaping 916,50000 33,51903 370% RCTC 2,327.400 GO 0.00 000% Development Funding 0.00 0.00 000% Crime Violent Task Force 101,50000 37.40392 36.90% AB 939 54,800.00 10.633 39 19A0% Quimby 1,438,00000 257,765.75 1790% Infrastructure 6,30000 3,87291 6150% SB 1266 243,60000 000 0.00% South Coast Air Quality 56,900.00 13.646 74 24 00 % Transportation 1.339,10000 417,01104 3110% Parks & Recreation 334,50000 69,50600 2080% Civic Center 263,100.00 113,49140 4310% Library Development 133,00000 26,22500 1970% Community Center 74,91DOM 10,608.19 1420% Street Facility 84,1 MOD 16,22596 19.30% Park Facility 11,600.00 2,73223 2360% Fire Protection Facility 27,000.00 13,015.14 48 20% Arts In Public Places 113,900 DO 45,55719 40 00% Interest Allocation 000 960,064.29 000% Capital Improvement 151,101,66700 12,497.087.29 830% Equipment Replacement 737,48300 624,02623 84,60% Information Technology 546,02600 531,89165 9740% Park Equipment & Facility 430,29000 398,80829 9270% SilverRock Golf 3,587,30600 813,17086 2270% SilverRock Golf Reserve 71,446.00 740.30 100% LQ Public Safely Officer 2,60000 2,11875 81.50% La Quints Financing Authority 6,617,686 00 4,282.951 94 64 70% RDA Project Area No. 1 89.138,117 00 4,386,873 56 4 90% RDA Project Area No. 2 34,169,733 00 2,722.123 28 8 00% Total 1 $33546279600 $36.759,393.92 11,00% 100 3 CITY OF LA QUINTA EXPENDITURES - ALL FUNDS 07/01/2007-11/3012007 FUNDS BUDGET EXPENDITURES ENCUMBERED BUDGET PERCENT eary 293,623.0 10,31 .49 101,56 28, 26.3 Library 5,416,31000 1,287,947.39 000 .33 4,128,362.61 238% Gas Tax 576,760 00 199.718 68 000 377,041 32 34.6% Federal Assistance 685.921 00 000 000 685,921 00 0.0% JAG Grant Slesf (Cops) Revenue 10,607.00 100,400 00 000 0,00 10.607 00 0.0% Indian Gaming 201,14200 000 22.97560 000 000 100,400 00 178,16640 0 0% 114% Lighting B Landscaping 916.500 00 381,875 00 000 534,625 00 41 7 % RCTC 1,682,240 00 0.00 000 1.882.240 00 0.0% Development Agreement 000 000 000 000 0 0% CV Violent Crime Task Force 57.100.00 18,931 18 000 38,168 82 33 2 % AS 939 238,500 00 13,397 71 000 225,102,29 5.6% Quimby 8,572,100.00 32,00000 000 8,540,100.00 04% Infrastructure 525.221 00 115.033 97 0,00 410,187 03 21 9% SB 1266 0.00 000 000 0.00 0.0% South Coast Air Quality 26,600.00 5,386.23 000 21,213 77 20 2% Transportation 7,753,57000 168,36772 000 7,585,20228 2.2% Parks B Recreation 000 24,00208 0.00 (24,00208) % Civic Center 6,443,426 00 14 326 000 3,26.229 1 % Library Development 000 2294 26,22933 0.00 (26,22933) 3) 00% 0 0 Community Center ty o 000 000 000 Street Facility 385,82500,6 29,320640 000 35Q504 36 76% 7 6 % Park Facility 2800 00 033 000 .4 0.0% Fire Protection 0 00 000 12,23 Arts In Public Places 888,450.00 98,810 00 98,810 00 000 789,.00 00 89,640 00 1 1% it 1% Interest Allacahon 000 000 0.00 0.00 D 0 Capital Improvement 151,101,66700 12.497,08729 548,16788 138,056,411.83 83% Equipment Replacement 1,746,97200 918,424.30 37,873.97 790,67373 52.6% Information Technology 710,82500 151,91187 5,75794 553.15519 214% Park Maintenance Facility 000 0.00 000 0.00 0 0 % SilverRock Golf 4,414.087 00 1.578.822 52 25.500 00 2,809.764 48 35 8% SllverRock Reserve 000 000 000 000 0.0% Lq Public Safety OBicer 2,000.00 000 0.00 2,000.00 0.0% La Quints Financing Authonty, 6,618,486.00 4,289,070 25 000 2,329,415 75 64 8% RDA Project Area No 1 145,267,85900 21,071,91493 25,97500 124,169,969.07 145% RDA Project Area No 2 69,635,013 00 11,000,184 80 000 58.634.828 20 15 8% 0 101 4 CITY OF LA QUINTA GENERAL FUND REVENUES DETAIL 07101/2007 - 11/30/2007 REMAINING % BUDGET RECEIVED BUDGET RECEIVED TAXES: Property Tax 1,763,10000 243,38232 1,519,717.68 13800% No Low Property Tax Distribution 2,620.500 00 317,481 68 2.303,018 32 12 120 % Sales Tax 7,188,000.00 2,358,17030 4,829,82970 32,810% Sales Tax Reimbursement 2,396,000.00 000 2,396,00000 0.000% Document Transfer Tax 1,017,200.00 221,63586 795.664.14 21.780% Transient Occupancy Tax 5,479,100.00 923,49720 4.555.60280 16.850% Transient Occupancy Tax -Mitigation Mr 298.90000 000 298,900.00 0000% Franchise Tax 1,657700 DO 36785359 128984641 22190% TOTAL TAXES 22,420.500 00 4,431,920 95 17,988,579 05 19 770% LICENSE & PERMITS: Business License 322,20000 115,95800 206,24200 35990% Animal License 18.500.00 8,24050 10,2%50 44,540% Building Permits 556.60000 259.87738 298,72262 46520% Plumbing Permits 04,400.00 35,996.10 48,40390 42.650% Mechanical Pemmts 65,50000 24,35050 41.14950 37180% Electrical Permits 47,60000 37,03750 10,562.50 77810% Garage Sale Permits 11.00000 6.45000 4,550.00 58640% Misc. Permits 183,20000 57,36339 125,83661 31.310% TOTAL LICENSES S PERMITS 1,291,00000 545,27337 745,72663 42240% FEES: Sale of Maps 8 Publications 3,90000 1,01545 2,88456 26 040 % Community Services Fees 421,35000 203.31938 218,03062 48250% Finance 1,45000 33000 1,12000 22.760% Bldg B Safety Fees 377,10000 237,323.85 139.77615 62930% Community Development Fees 222,40000 50,23000 172.17000 22590% Public Works Fees 501,20000 450,599.50 50,60050 89.900% TOTAL FEES 1,527,400.00 942,818.18 584,581.82 61 730% INTERGOVERNMENTAL Motor Vehicle In -Lieu 3,138.40000 83,68524 3,054,714.76 2670% Motor Vehicle Code Fines 86,400 00 27,166.67 59,233 33 31 440% Parking Violations 55,900 DO 13.30000 42,60000 23.790% Misc. Fines 125,20000 52,482.27 72,71773 41.920% AB939 000 000 000 0000% Federal Goo Grants 000 000 0.00 0000% County of Riverside Grant 000 000 000 0.000% State of California Grant 8,600.00 12,896 78 (4,296.78) 149960% Fire Services Credit 4,862,10000 39,96463 4,822.13537 0.820% CVWO 16.80000 000 16,80000 0000% CSA152 Assessment 210,000.00 21854571 (854571) 104070% TOTAL INTERGOVERNMENTAL 8,503,400.00 448,04130 8,055,358.70 5270% INTEREST 4,152,900.00 1.340,25593 2,812,64407 32.270% MISCELLANEOUS Miscellaneous Revenue 28.30000 4,757.91 23.542.09 16810% Assmnt Dist Surplus 000 000 0.00 0000% Other Mitigation Measures 000 000 000 0000% Litigation settlement 000 000 000 0000% Cash Overl(Short) 5000 (1370) 6370 -27400% TOTAL MISCELLANEOUS 28,35000 4,74421 23.605.79 16730% TRANSFERIN 342,14900 22,97560 319,17340 6720% TOTAL GENERAL FUND 38,265,69900 7,736,02954 30,529,66946 20220% 3 07/01/2007 - 11/30/2007 GENERAL FUND EXPENDITURE SUMMARY REMAINING BY DEPARTMENT BUDGET EXPENDITURES ENCUMBERED BUDGET GENERAL GOVERNMENT: LEGISLATIVE 974,64900 340,35268 0.00 634,29632 CITY MANAGER'S OFFICE 706,56900 205.492.17 000 501,076.83 ECONOMIC DEVELOPMENT 2,332,06700 1,049.94203 000 1,282,12497 PERSONNEURISK MGT 1,646,28400 598,98968 2:00211 1,045,294.32 TOTAL GENERAL GOVERNMENT 69,569.0 , 4, 656 2,00 244 CITY CLERK 719,72300 229,83969 12,64444 477,23887 TOTAL CITY CLERK 719,72300 --229,839 69 12,64444477,23887 COMMUNITY SERVICES PARKS& RECREATION ADMINISTRATION 1,036,342.00 484,08936 000 552,25264 SENIOR CENTER 442,11200 159,61229 000 282,49971 PARKS & RECREATION PROGRAMS 228,041 00 80,165 53 0.00 147.875.47 LIBRARY 1,799,328.00 258,75436 000 1,540,57364 MUSEUM 297,200.00 10,52522 000 286,67478 PARK MAINTENANCE 1.371,67800 749,64439 0.00 622,03361 TOTAL COMMUNITY SERVICES 5,174.701.00 1.742,791 15 000 3,431,9 9.8 FINANCE: FISCAL SERVICES 971,346.00 407.16446 000 564,18154 CENTRAL SERVICES 432,56400 194,95484 000 237,609A6 TOTAL FINANCE 1,4 ,9 0. 0 801, 90. o BUILDING & SAFETY: BUILDING&SAFETY -ADMIN 417,51200 164,62548 000 252,88652 BUILDING 1.064.31800 481,301.99 12,260,95 570,755.06 CODE COMPLIANCE 1,018,84000 404,08421 000 614,75579 ANIMAL CONTROL 387.908 00 134,425 50 000 253,482 50 FIRE 4,955,72400 108,62149 13.54537 4,833,55714 EMERGENCY SERVICES 137,357.00 57,23355 000 80,12345 CIVIC CENTER BUILDING -OPERATIONS 1,248,99700 681,896,29 12,260.94 554,83977 TOTAL BUILDING & SAFETY 9,230,656,00 2,032.188 51 38,067.26 7,160.400.23 POLICE: POLICE SERVICES 10,194.459.00 1.112,05098 000 9,082.40802 TOTAL PUBLIC SAFETY 10,19 ,4 9 00 1,112.050 98 0 COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT -ADMIN 1,661,18000 277,92175 000 1,383.25825 CURRENT PLANNING 1,037,79400 251,9690' 000 785.82491 TOTAL COMMUNITY DEVELOPMENT ,6 8, 9, 0 5-4 000 2.169.083 16 PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 674,712.00 226,958.72 5,500.00 442,253.28 DEVELOPMENT& TRAFFIC 1,345,36700 425,356.23 8,61312 911,39765 MAINT/OPERATIONS- STREETS 2,497,907.00 1,027,97931 33,41500 1.436.51269 MAINT/OPERATIONS- LTG/LANDSCAPING 1,966,873.00 710.00829 000 1,256,86471 MAINT/OPERATIONS - TRAFFIC 849,644.00 113,366 15 736,277 85 CONSTRUCTION MANAGEMENT 981,92200 629,40338 1,325.36 351,19326 TOTAL PUBLIC WORKS ,133,0 208 48,85348 5.134.49944 TRANSFERS OUT 2.260,470 00 264,550 56 0.00 1,995,919 44 GENERAL FUND REIMBURSEMENTS (6,365,264 00) (1,521,726 18) 0.00 (4,843,537 82) NET GENERAL FUND EXPENDITURES 39,293,623 00 113,319,553 49 101.565 18 28,872,504 33 103 0 CITY OF LA QUINTA 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 Tragic Congestion Relief Interest TOTAL GAS TAX JAG GRANT STANCE REVENUE: CDBG Grant Interest TOTAL FEDERAL ASSISTANCE Grant Revenue Interest TOTAL JAG GRANT SLESF(COPS)REVENUE: SLESF (Cops) Funding Interest TOTAL SLESF (COPS) REMAINING % BUDGET RECEIVED BUDGET RECEIVED 2.000,700,00 376,85200 1,623,848.00 18840% 0.00 O.DO 000 0000% 45,000.00 8,978.09 36,02191 19,950% 2,045,70000 385,83009 1,659,869.91 18860% 243,DD0.00 104,90537 138,09463 43.170% 170,40000 69,45349 100,94651 40,760% 323,50000 142,85732 180,64268 44160% 6.20000 6,00000 200.00 96 770% 000 000 000 0000% 13,100 00 13890 12,961 10 1 060% 756.200.00 323,355 08 432.844 92 42 760% 164,800.00 000 164.800 00 0 ODD 000 000 0.00 0 000 % 164,80000 000 164AW00 0 000 % 10,607 DO 000 10.607.00 0 ODO% 000 000 000 0.000% 1Q60700 0.00 10,607 DO 0000% 100,000 00 000 100,000 00 0.000% 400.00 13328 266.72 33 320 % 100,400.00 13328 100,266.72 0130% INDIAN GAMING Grant revenue 177,250 00 22,975 60 154,274 40 12 960% Interest 13.500 00 000 13,500 00 0 000 % TOTAL INDIAN GAMING 190.750 00 22.975 60 167.774 40 12 040% LIGHTING & LANDSCAPING REVENUE: Assessment 916,50000 33,51903 882.96097 3660% Developer 000 000 000 0.000% Interest 000 000 0.00 0000% TOTAL LIGHTING B LANDSCAPING 916,500 DO 33,51903 882,98097 3660% RCTC RCTC Funding 2,327.40000 0.00 2,327,4DO.00 0000% Transfer in 000 DDO 0,D0 0000% TOTAL RCTC DEVELOPMENT AGREEMENT FUND Mitigation Measures 000 000 000 0D00% Interest 000 0.00 0.00 0 ODD % Transfer in 000 000 0 DO 0 ODD % TOTAL DEV AGREEMENT 000 000 0.00 0000% CRIME VIOLENT TASK FORCE Member Contributions - Carryover 49,900.00 23,428 00 26,472 00 46 950% Grant revenue - JAIS 42,500.00 10,712 97 31.787 03 25.210% CLET Line 6,10000 2,31677 3,78323 37980% Interest 3.000.00 94618 2,05382 31 540% TOTAL CRIME VIOLENT TASK FORCE 101,500 DO 37.40392 64,09608 36850% AS 939 REVENUE: AS 939 Fees 000 000 000 0000% Interest 14 800 00 10,633 31 44, 166 61 19,400 % TOTAL QUIMBY QUIMBY REVENUE: Quimby Fees 1,016,00000 179,399.25 836,600.75 17660% Donations 000 4,30000 (4,300.00) 0000% Interest 422.00000 74,06650 347,933.50 17550% TOTAL QUIMBY INFRASTRUCTURE REVENUE: Utility refund 000 0.00 0.00 0.000% Interest 6,30000 3,87291 2.42709 61 470 % Transfer in 000 000 0.D0 0000% TOTAL INFRASTRUCTURE 6,30000 3,87291 2.427.09 614704 SB 1266 SB1266 Grant 243,600 DO 000 243,600 00 0.000% Interest 0.00 000 000 0000% TOTAL S81256 104 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING BUDGET RECEIVED BUDGET RECEIVED SOUTH COAST AIR QUALITY REVENUE: S C.A.Q Contnbubon MSRC Funding Street Sweeping Grant Interest TOTAL SCAQ TRANSPORTATION Developer fees Interest Transfenn TOTAL TRANSPORTATION PARKS & RECREATION Developerfaes Interest Transfer in TOTAL PARKS & RECREATION CIVIC CENTER Developer fees Interest Transfer in TOTAL CIVIC CENTER 47,700.00 11,96940 35.730.60 25090% 000 000 0.00 0.000 % 000 0.00 0.00 0.000% 9,200 00 1,677.34 7,522.66 18 230% 56 900 00 13,64674 43,253.26 23 980% 1,268,900.00 361,77545 907,124.55 28,510% 70,20D 00 55.235.59 14.96441 78680% 000 000 000 0 000 % 1.339,10000 417.01104 922,08896 31140% 334.500.00 69,506.00 264,994 00 20 780 % 0 00 0.00 000 0 000 % 0.00 000 000 0.000 % 334,500.00 69,50600 264.994 DO 20780% 194,70000 113,49140 81,20860 58290% 68,400 00 000 68.400 00 0 000 % 000 000 coo 0 000% 263,100.00 113,49140 149,60860 43140% LIBRARY DEVELOPMENT Developer fees 133,00000 26,22500 106,775.00 19720% Interest 000 0.00 000 0.000% Transfer in 000 000 000 a000% TOTAL LIBRARY DEVELOPMENT 133,000.00 26,225 00 106,775 00 19 720% 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 2,61100 25.389.00 9330% 46,900 00 7,997 19 38.90281 17 050 % 74,90000 10,60819 64,29181 14160% 44,10000 13,89104 30,20896 31500% 11,20000 2,33492 8.86508 20850% 28,886.00 0.00 28,88600 0 000% 84,186.00 16,225.96 67,96004 19.270% 8,00000 2,091 DO 5,9D900 26140% 3,600,DO 641.23 2,95877 17 810% 11,60000 2,732.23 8,86777 23.550% FIRE PROTECTION FACILITY Developer fees 27,000.00 13,01514 13,98486 48.200% Interest 000 000 000 0DD0% TOTAL FIRE PROTECTION FACILITY 27,000,00 13,015 14 13,984.86 48 200% ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places 97,500.00 37,505 36 59,994.64 38470% Arts in Public Places Credits Applied 000 000 000 0.DD0 % Interest 16,40000 8051.83 834617 49100% TOTAL ARTS IN PUBLIC PLACES 113.900 00 45,557 19 68.342 81 40 000% INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 000 960,064 29 (960,064 29) 0 D00% Transfer In 0.00 000 0.00 0 000 % TOTAL INTEREST ALLOCATION 000 960,06429 (960,06429) 0000% 105 0 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED CAPITAL IMPROVEMENT FUND: CVAG CVWD County of Riverside Surface Transportation Funding City of Indio DSUSD IID RCTC Vista Dunes Housing LLP S8821-81cycla Path Gram State of California APP Contribution Developer Agreement Funding Litigation Settlements Transfers in From Other Funds TOTAL CIP REVENUE 981.48800 161,22292 820,265.08 16430% 000 000 000 0,000% 000 0.00 000 0000% 10,251.067.00 40,00000 10,211,06700 0.390% 653,041.00 0.00 653,041.00 00D0% 0.00 000 0.00 0 000 % 000 000 000 0,000% 000 000 0.00 0 000 % 3.817,152 00 000 3.817.152 00 0000% 000 000 0.00 0000% (31,490.00) 000 (31,49000) 0.000% 000 000 0.00 0.000 % 486,58200 29,14200 457.44000 5,990% 0.00 000 000 0 000 % 134,943,82700 12,266722.37 12267710463 9,090% 151.101.667 00 12,497,087 29 138.604,579.71 032 EQUIPMENT REPLACEMENT FUND: Equipment Charges 590,88300 590,88500 (200) 100 ODD% Capital Contribution 000 0.00 000 0000% Sale of Fixed Asset 000 7.31299 (7,312 99) 0 000 % Insurance Recoveries 000 0.00 000 Interest 146.60000 25,82824 120,77176 17.620% Transfers In 0.00 coo 0.00 0.000 % TOTAL EQUIPMENT REPLACEMENT 737,483.00 624,02623 113.45677 84620% INFORMATION TECHNOLOGY FUND: Charges for services 525.026.00 525.026 DO 0.00 100 000% Capital Contribution 000 0.00 000 0000% Sale of Fixed Asset 000 000 000 0 000% Interest 21,000.00 6,86565 14.13435 32.690% Transfers In 000 000 000 0000% TOTAL INFORMATION TECHNOLOGY 546.02600 531,891.65 14,134.35 97410% PARK EQUIPMENT & FACILITY Charges for services 391,19000 391.190.00 000 100000% Interest 39,100.00 7,618.29 31,48171 19460% Capital Contributions 0.00 000 0.00 0000% TOTAL PARK EQUIPMENT&FAC 430,290.00 398,80829 31,48171 92.680% SILVERROCK GOLF Green fees Range fees Resident Card Merchandise Food & Beverage Allocated Interest Income Transfers In TOTAL SILVERROCK GOLF SILVERROCK GOLF RESERVE Interest Transfers In TOTAL SILVERROCK GOLF LO PUBLIC SAFETY OFFICER FUND Transfer In Interest TOTAL LQ PUBLIC SAFETY 3,161,21100 701,447.79 2,459,76321 22190% 83,725 00 21,985 07 61.739 93 26 260% 15.00000 8,79000 6,210.00 58600% 327,370 00 80.948 DO 246.422,00 24 730% 0.00 000 000 0000% 0.00 000 0.00 0.000 % 000 000 000 0DOD% 3,587,306.00 813,17086 2,774.13514 22.670% 000 740.30 (740.30) 0000% 71,446.00 000 71,44606 0000% 71,446 00 74030 70,705 70 1 040% 2,000.00 2,00000 000 100 000 60000 11875 481 25 19 790% 2,600.00 2,11875 40125 81,490% 106 J CITY OF LA QUINTA 07/01/2007 - 11/30/2007 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET LIBRARY FUND PROJECT EXPENDITURES 000 0.00 000 000 REIMBURSE GENERAL FUND 2,096,52900 115,00000 000 1.981.52900 TRANSFER OUT 3,319,781 00 14 172,947 39 0.00 2,146,833511 TOTAL LIBRARY FUND GAS TAX REIMBURSE GENERAL FUND 575,27100 239,69618 000 335.57482 TRANSFER OUT 1,4890 (39 977 50) 0 00 41.46650 TOTAL GAS TAX FUND SM,, 7501—�SH,IT66H— -00 311Udi'.i� FEDERAL ASSISTANCE FUND: TRANSFER OUT TOTAL FEDERAL ASSISTANCE FUND 685,92100 000 000 685,92100 JAG GRANT TRANSFER OUT TOTAL JAG GRANT 10,607.00 0,00 000 1060,00 SLESF(COPS) TRANSFER OUT TOTAL SLESF (COPS) FUND 100,400.00 000 000 100.400 00 INDIAN GAMING FUND TRANSFER OUT 201,14200 22.975.60 000 178,166.40 TOTAL INDIAN GAMING FUND LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 916,50000 381.07500 000 534,62500 TRANSFER OUT 0.00 000 0.00 000 TOTAL LTG/LANDSCAPING FUND RCTC TRANSFER OUT 1188224000 0.00 000 1,882,24000 TOTAL RCTC DEVELOPMENT AGREEMENT FUND CONSTRUCTION 000 000 000 0.00 REIMBURSE GENERAL FUND 000 000 000 000 TRANSFER OUT 000 000 000 000 TOTAL DEV AGREEMENT FUND CRIME VIOLENT TASK FORCE OPERATING EXPENSES 57.10000 18,93118 000 38,16882 TRANSFER OUT 000 000 0.00 000 TOTAL CRIME VIOLENT TASK FORCE AS 939 OPERATING EXPENSES 238,50000 13,397.71 0,00 225.10229 TRANSFER OUT 000 000 000 Goo TOTAL AS 939 QUIMBY FUND: CONSTRUCTION 32,00000 32,00000 32,00000 (32,000.00) TRANSFER OUT 8,540,10000 000 0.00 8,540,10000 TOTAL QUIMBY INFRASTRUCTURE FUND CONSTRUCTION 000 0 00 000 0.00 REIMBURSE GENERAL FUND 000 000 000 0.00 TRANSFER OUT 525.221 00 115,03397 000 410,187.03 TOTALINFRASTRUCTURE SB 1266 TRANSFER OUT TOTAL SB 1266 FUND 000 000 0.00 000 SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 26,600.00 5.38623 000 21,213.77 TRANSFER OUT 000 000 000 0.00 TOTAL SOUTH COAST AIR QUALITY TRANSPORTATION PROGRAM COSTS 000 000 000 000 CONTRIBUTION 000 000 0.00 000 TRANSFER OUT '7,753,57000 168,36772 0.00 7,585,20228 TOTAL TRANSPORTATION PARKS 8 RECREATION INTEREST ON ADVANCE 000 24.002 06 000 (24,002 08) TRANSFER OUT 000 000 000 0.00 TOTAL PARKS & RECREATION CIVIC CENTER PROGRAM COSTS 0,00 43,835.97 000 (43,835.97) REIMBURSE GENERAL FUND 202.76400 64.48500 000 116.27900 TRANSFER OUT 6,240,662 00 3,165,073.17 0.00 3,075,588 83 TOTAL CIVIC CENTER LIBRARY DEVELOPMENT PROGRAM COSTS 000 000 0.00 000 INTEREST ON ADVANCE 000 26.22933 000 (26,22933) TRANSFER OUT 000 000 0.00 000 TOTAL LIBRARY DEVELOPMENT 107 10 07/01/2007 - 11/30/2007 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 REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET 000 000 000 000 TOTAL COMMUNITY CENTER 000 0.00 0.00 0 00 TOTAL STREET 000 000 000 064 000 356.504 coo 000 0.00 000 28,886 00 000 000 28,886 00 TOTAL PARK FACILITY 0.00 12,23347 0.00 (12.23347) 0 00 0.00 0 00 0.00 TOTAL FIRE PROTECTION DIF ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP OPERATING EXPENSES-APP 30,00000 5.62100 000 24.379.00 ART PURCHASES 3,200 00 455,25000 6250 93,12650 000 0.00 3.13750 362,12350 TRANSFER OUT 400.000 00 000 0 00 400 000.00 TOTAL ART IN PUBLIC PLACES CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES PROJECT REIMBURSEMENTS TO GEN FUND 149,872,76800 12.356,95729 548,167.88 136,967.64283 TRANSFER OUT 1.228.89900 140,13000 000 1,088,769.00 TOTAL CAPITAL IMPROVEMENT 000 0.00 000 EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES TRANSFER OUT 1,000,132 00 171.584 30 37,873 97 790,673.73 746,840.00 746,840 00 000 000 TOTAL EQUIPMENT REPLACEMENT FUND INFORMATION TECHNOLOGY FUND OPERATING EXPENSES PARK MAINTENANCE FACILITY OPERATING EXPENSES TRANSFER OUT SILVERROCK GOLF OPERATING EXPENSES TRANSFER OUT SILVERROCK GOLF RESERVE TRANSFER OUT LA QUINTA PUBLIC SAFETY CONTRIBUTIONS 710,825.00 151,91187 5,757.94 553,15519 TOTAL INFORMATION TECHNOLOGY FUND 000 000 000 000 000 000 0.00 000 TOTAL PARK MAINTENANCE FAC 4,342,64100 1.578,82252 25,50000 2.738,31848 71,446.00 0.00 0.00 71,44600 TOTAL SILVERROCK GOLF TOTAL SILVERROCK GOLF RESERVE 0.00 000 0.00 0.00 TOTAL LA QUINTA PUBLIC SAFETY 2,000.00 000 0.00 2,000.00 1OR 11 A l l AUHMtN 1 1 N - 0 (,1 7(O t�NM7 N W �f0 d'1�OM N a p O N 1 1O M n aD I� O) I� m M N O) N? N N V O) a0 (V a0 Oi W N N cp M 00 SON O� W V N V O1d)m � W 1W (OOt0N O V W O�O)O)m OJ01 CI CI O)� E N N R O) f m V V V V M t V 0 000000 N W (O I� O N 000 _M i W N ON � O O 0 n O� N m m O NO Y W N 0 0 0 n O^0 e W (LO m M r 0 O) V 7 00 O�O)O)0)M T OM f NN V �?N 05 V V V •-c6 NM 3 O O O p O O p O 0 0 0 0 0 0 0 M jp O O O O O 0 0 0 0 0 0 0 0� 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 A OZO LL i C� 6 M N V O N 06 O N N N i0 N N M M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 T N N N N N N N N N O N N O N N N❑ a U CD a4? YO da U Z Z z i a E N N c d E d a v E m E; E U N J o.2 0 y UUUU I— V 0. C y N Q Q Q Q ❑w cLi d Lu W W W W ❑❑❑❑ U d c m a) a a 0 W W coin co LL d U M U N a a!itCfC�i==Q Ewcow o LLMLL LL LL LL LL LL <0 D(DJ 1Q9 12 M RiO (p of NCO (ONO O (n0 W N N O N L6�C� N� V N O O M O p� O � o N t0 O O O O O (0 N N � y U > U� l0 Fo-Z) 13 cep 4 haw F N OF TKF COUNCIL/RDA MEETING DATE: January 15, 2008 ITEM TITLE: Approval of Second Reading of Ordinance No. 450 Amending Title 6, Sections 6.04 and 6.05 of the La Quinta Charter and Municipal Code Relating to the Collection, Transportation, and Disposal of Solid Waste and Recyclable Materials in the City RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt Ordinance No. 450 amending Sections 6.04 and 6.05 of the La Quinta Charter and Municipal Code relating to the collection, transportation, and disposal of solid waste and recyclable materials in the City. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council approved an agreement with Burrtec Waste and Recycling Services on May 15, 2007. Adoption of Ordinance No. 450 is necessary to make the Municipal Code consistent with the new agreement, and maintain uniformity between local regulations and State laws. In addition, these changes to the Municipal Code will ensure compliance with Proposition 218. The motion to introduce Ordinance No. 450 carried by the following vote: ,I,,; III AYES: Council Members Henderson, Kirk, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: Council Member Osborne FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt Ordinance No. 450 on second reading amending Title 6, Sections 6.04 and 6.05 of the La Quinta Charter and Municipal Code relating to the collection, transportation, and disposal of solid waste and recyclable materials in the City; or 2. Do not adopt Ordinance No. 450 on second reading to amend the La Quinta Charter and Municipal Code; or 3. Provide staff with alternative direction. Respectfully, submitted, Veronica J. Mo Acino, CIVIC City Clerk Approved for submission by: Thomas P. Genovese, City Manager 112 ORDINANCE NO. 450 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. 113 Ordinance No. 450 Municipal Code Chapters 6.04 & 6.05 Solid Waste & Recyclable Materials Adopted: January 15, 2008 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 15th day of January, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 114 Ordinance No. 450 Municipal Code Chapters 6.04 & 6.05 Solid Waste & Recyclable Materials Adopted: January 15, 2008 Page 3 DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 115 Ordinance No. 450 Municipal Code Chapters 6.04 & 6.05 Solid Waste & Recyclable Materials Adopted: January 15, 2006 Page 4 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. 450 which was introduced at a regular meeting on the 18`h day of December, 2007, and was adopted at a regular meeting held on the 151h day of January, 2008, 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 118 ORDINANCE NO. 450 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. 117 (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. (j) "Franchisee" rneans a person, persons, firm or corporation that has been issued a franchise by City to provide solid waste handling services within the City. W "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, etseq.), 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. 11$ 384/015610-0089 829255 03 .12/26/07 -2- Ordinance No. 450 (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. M "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 1), low-level radioactive waste, untreated medical waste, or Special Wastes as defined herein. (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 -Hauling. (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. 119 384/015610-0089 829255 03 a 12/26/07 -3- Ordinance No. 450 (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, 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 384/015610-0089 129 829255 03 a12/26/07 -4- Ordinance No. 450 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. (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 384/015610-0089 121 829255 03 a12/26/07 -5- Ordinance No. 450 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 If 122 82925 5610-0089 82925503 a1226/07 -6- Ordinance No. 450 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. (c) 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 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 384/015610-0089 123 829255 03 a12 26/07 -7- Ordinance No. 450 (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. (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 384/015610-0089 12 829255 03 a12/26/07 -8- Ordinance No. 450 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. (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. 125 384M 15610-0089 829255 03 al 2/26/07 -9- Ordinance No. 450 (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 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 12F 384/015610-0089 829255 03 a I2/26/07 -1Q- Ordinance No. 450 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. 384/015610-0089 829255 03.12/26/07 `` 127 Ordinance No. 450 ceit, 4 4a Q9&& COUNCIL/RDA MEETING DATE: January 15, 2008 ITEM TITLE: Approval of Second Reading of Ordinance No. 451 Amending Title 9, Chapter 9.60, Section 9.60.270 of the La Quinta Charter and 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: Adopt Ordinance No. 451 amending Section 9.60.270 of the La Quinta Charter and 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: Adoption of Ordinance No. 451 will bring the City's Municipal Code into compliance with the new State requirements relating to density bonuses to housing projects that make a percentage of units affordable to families of very low-, and low-, and moderate -income. The motion to introduce Ordinance No. 451 carried by the following vote: J 128 AYES: Council Members Henderson, Osborne, Sniff, Mayor Adolph NOES: Council Member Kirk ABSENT: None; ABSTAIN: None: FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt Ordinance No. 451 on second reading amending Section 9.60.270 of the La Quinta Charter and Municipal Code modifying the City's Density Bonus and Affordable Housing Incentives in accordance with State law; or 2. Do not adopt Ordinance No. 451 on second reading to amend the La Quinta Charter and Municipal Code; or 3. Provide staff with alternative direction. Respectfully submitted, Veronica J. tecino, CMC City Clerk Approved for submission by: Thomas P. Genovese, City Manager ,d . 129 ORDINANCE NO. 451 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 ,► 11 130 Ordinance No. 451 Title 9 — Density Bonus Adopted: January 15, 2008 Page 2 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(B)(3), Review for Exemptions of the CEQA Guidelines; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 13" 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: 131 Ordinance No. 451 Title 9 - Density Bonus Adopted: January 15, 2008 Page 3 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. 132 Ordinance No. 451 Title 9 - Density Bonus Adopted: January 15, 2008 Page 4 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. 133 Ordinance No. 451 Title 9 - Density Bonus Adopted: January 15, 2008 Page 5 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. 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 134 Ordinance No. 451 Title 9 - Density Bonus Adopted: January 15, 2008 Page 6 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 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 .{ . 135 Ordinance No. 451 Title 9 - Density Bonus Adopted: January 15, 2008 Page 7 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: 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 14 136 Ordinance No. 451 Title 9 - Density Bonus Adopted: January 15, 2008 Page 8 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. b. For purposes of this Subsection D(2), 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: 137 Ordinance No. 451 Title 9 - Density Bonus Adopted: January 15, 2008 Page 9 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: 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: 139 Ordinance No. 451 Title 9 - Density Bonus Adopted: January 15, 2008 Page 10 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 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. 139 Ordinance No. 451 Title 9 - Density Bonus Adopted: January 15, 2008 Page 11 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 C(1), at the densities or with the concessions or incentives permitted by this Section 9.60.270. 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 CM, subparagraph a, the density bonus shall be calculated as follows: Percentage Low -Income Units Percentage Density Bonus 10 20 149 Ordinance No. 451 Title 9 - Density Bonus Adopted: January 15, 2008 Page 12 Percentage Low -Income Units Percentage Density Bonus 11 21.5 12 23 13 24.5 14 26 15 27.5 17 30.5 18 32 19 33.5 20 35 (maximum) For housing developments meeting the criteria of Subsection CM, subparagraph b, the density bonus shall be calculated as follows: Percentage Very Low Income Units Percentage Density Bonus 5 20 6 22.5 7 25 8 27.5 9 30 10 32.5 11 1 35 (maximum) 141 Ordinance No. 451 Title 9 - Density Bonus Adopted: January 15, 2008 Page 13 3. For housing developments meeting the criteria of Subsection CM, subparagraphs c and d, the density bonus shall be twenty percent (20%). 4. For housing developments meeting the criteria of Subsection CM, 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 18 13 19 14 20 15 21 16 22 17 23 18 24 1 19 142 Ordinance No. 451 Title 9 - Density Bonus Adopted: January 15, 2008 Page 14 Percentage Moderate Income Units Percentage Density Bonus 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 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 143 Ordinance No. 451 Title 9 - Density Bonus Adopted: January 15, 2008 Page 15 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 14 19 15 20 16 21 17 22 18 23 19 24 144 Ordinance No. 451 Title 9 — Density Bonus Adopted: January 15, 2008 Page 16 Percentage Very Low Income Units Percentage Density Bonus 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 construed to enlarge or diminish the city's authority to require an applicant to donate land as a condition of development. 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. 145 Ordinance No. 451 Title 9 — Density Bonus Adopted: January 15, 2008 Page 17 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. 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. 146 Ordinance No. 451 Title 9 — Density Bonus Adopted: January 15, 2008 Page 18 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 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. 147 Ordinance No. 451 Title 9 - Density Bonus Adopted: January 15, 2008 Page 19 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 C111, 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: 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. 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 148 Ordinance No. 451 Title 9 — Density Bonus Adopted: January 15, 2008 Page 20 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 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. 149 Ordinance No. 451 Title 9 — Density Bonus Adopted: January 15, 2008 Page 21 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. 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 15Q Ordinance No. 451 Title 9 - Density Bonus Adopted: January 15, 2008 Page 22 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 15`h day of January, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: .151 Ordinance No. 451 Title 9 - Density Bonus Adopted: January 15, 2008 Page 23 DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA MONTECINO, CMC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE .JENSON, City Attorney City of La Quinta, California 152 Ordinance No. 451 Title 9 - Density Bonus Adopted: January 15, 2008 Page 24 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. 451 which was introduced at a regular meeting on the 18" day of December, 2007 and was adopted at a regular meeting held on the 15t" day of January, 2008 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 No. 2006-1 15. VERONICA MONTECINO, CIVIC, 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, CIVIC, City Clerk City of La Quinta, California 151 ceit!t 4 664P Quilliltraj COUNCIL/RDAMEETINGDATE: January 15, 2008 ITEM TITLE: Authorization for Overnight Travel for the Finance Director and Accounting Manager to Attend the 2008 California Society of Municipal Finance Officers Association (CSMFO) Annual Conference in Anaheim, CA, March 4 - 7, 2008 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: 41 STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for the Finance Director and Accounting Manager to attend the four -day 2008 California Society of Municipal Officers Association (CSMFO) Annual Conference in Anaheim, CA, March 4 - 7, 2008. 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 $2,400. The breakdown of expenditures anticipated for this conference is as follows: • Conference Enrollment - Early Registration • Travel • Lodging/Meals Total CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: $ 710 150 1,540 12 The four -day 2008 California Society of Municipal Officers Association (CSMFO) Annual Conference focuses on financial issues affecting local governments. Seminar information is included in Attachment 1. 154 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve authorization for overnight travel for the Finance Director and Accounting Manager to attend the four -day 2008 California Society of Municipal Officers Association (CSMFO) Annual Conference in Anaheim, CA March 4 - 7, 2008; or 2. Do not approve authorization for overnight travel for the Finance Director and Accounting Manager to attend the four -day 2008 California Society of Municipal Officers Association (CSMFO) Annual Conference in Anaheim, March 4 - 7, 2008; or 3. Provide staff with alternative direction. Respectfully submitted, 4A — John M. Falconer, Finance Director Approved for submission by: (2 _61'a'Law � - Thomas P. Genovese, City Manager Attachment: 1. Conference Material 155 E ATTACHMENT 1 or h�e Ca#F0 CONFERENCE 2008 I5§ � NGBe§C. v,I1, jWa rCEP 4, 2008 1':00 pin - 430 pin Golf lourniowi' 12:00 pm -- 4:00 pm Roai d lMeerints Wednesday, March 5, 2008 7:00 am - 530 pm Registration Open 7:30 am - 5:30 pm Cyber Catc Open (Sponsored hp I-'j h Iky Capital ,Warkors Servirv�) 8:00 all, - 11:30 am Pre-Conlerence Training (separate pre -registration required) 12:15 pill - 2:15 Inn Welcome Gancral Session and Luncheon Keynote Speakei - Neal Petersen 2:15 pm - 3:00 pm Dessert in Exhibit Hall 2:15pro - 6:30 pin Exhibit Hall Open 3:00 pm - 4:15 pm Education Scsnions 5:00 pill - 6'30 pm Vondor Reception (E'nrertainmew Sponvored by NBS) 6:30 pm Free bvening Thursday, March 6, 2008 8:00 am - 5:00 pin Registration Open 8:00 am - 9:00 am Breakfast 8:00 am - 9.00 art E'Xl ibim I ball Open 8:00 am - 5:00 pin Cybci Cat& 9:00 am - 10:30 am Busmess MectingrGeneral Session - Keynote Speaker Michael Abmshotl- 1030 um - 12: t5 pm Lxhibit hall Open 10:45 ant - 12:00 pill Education Sessions 12:1 IS pm - 1:45 pm Awards Luncheoa - Keynote Speaker - Jerry Nickckburg 1:45 pm - 5:00 pm Exhibit Hall Open 2:00 pin - 3 IS pm Fducation Sessions 3; t 5 pill - 3:45 pill Break in F,xhibu Hal l 3:45 pm - 5:00 pin Education Scssione 5:00 pm - i:30 pin Standing Committees 6:30 pm - 11:00 pm Gala Banquel ai California 4dveiiure Friday, March 7, 2008 8:00 am - 9:00 art Breakfast 8:00 am - 9:00 am Chapter Chair Breakfast 8:00 am - 1:00 pin Registration Open 8:00 am - 12:00 pm Cyber Cafe 9:00 am - 10:15 am Education Sessions 10:15 am - 10:45 an Break 10:45 am - 12:00 pm Education Sessions 12:00 pm - 1:30 pm General Session w/Ltmch, Keynote, Speaker - Andiew Razeghi, mid Prize Drawings 157 11 Please use a separate form for each rcVisUattou. Photocopies are acceptable. Confirmations will be sent rill e-mail. Name (1.nst. Itest): l ille: nialnng Address: Coy: _...... State: Telephone: F'ax: F,mail: Wednesday Pre -Conference Sessions 8:00 - 11:30 a.m. YOU MAY ONLY ATTEND ONE. Getting Things Done (Limit 130 attendees) _ x $ 100 S Reading People from the Outside 1n (Limit 130 attendees) _ � $ 100 g Fall Conference Registration (includes all events, sessions, and meals) Government Discount Regts(tanun (by _t4/08) Y; 350 $ Rcgulai Pc;isuation (alter 2141081 S 4of) F _ Government .Non -Member Discount Registration (by 2r414)8) $ 405 $ kegular Rcgt�uanon (oiler 2/4/08) S 455 C'ommerr,3a7 ('Coll-Fehibifir!Von-Sponnar or AdWl ko,mdeea) 1)!Woant [L,,r_,iSUah(nt tUl 2; ='Er61 ) 6W $ Rc30idr (.C'g15ti L(k>b (af(CI2'4 08) s ('i5 {,nmmeri9:l iV tHI-Ytd'rit ideP' (Non-F'xuRntor/N Oihx,pU914n1' IWAKldlA€b'udeec) Discoimi lb_v 24.0S)iio $ liceuh, Re'-'oo ohon (rafter i.d 08) S Daily Conference Registration:* 11 Wednesday 21 Thursday :-I Friday (Plclue check day(s) of attendance) *includes breakfast and lunch, if scheduled Daily Govern nicnt Discount Registration (by 1'4,08) r S I50 $ Regular Registration (after 2.4'b8i _ x 5 200 $ Daily Government Non -Member Discount Rcgistranon (by 2/4108) x °i, or; $ Rcgtdar Rcryminnion(aiiar_t4)08) xti2>5 gaily Commercial (_lion-Exhibitor/Vote-Siaonsor or Ai1111 'WendveS) Di„';omll RC} Nll.-timl{!n 2„e.(i$) lid4lllnr nC'tititlat'fw (am( r 2, a 9K) V ri 425 , Daily Con,mlel Ad \on -Member (Non F shibiio*'t\on-Sponsor or 1Ad'i AVelolecs lyn.tuult dw 2 4,s2A) :{ G 430 `j Regttier g r 14(1 I am attending the Thursday night banquet (I ticket included with fall- ConferenCe rvgNtrntioa) I Additional Banquet Rickets Thursday Banquet m/2 drink tickets ........................... x $ 100 $ Additional breakfast and luncheon tickets are available for purchase please check at the registration desk when you arrive. TOTAL FEES $ Special Requests: Are you a first time attendee'. 7 YES 71 NO if paying by creal t card, please register online at www.csmfo.org/conference. Please make checks payable to CSMFO Annual Conference. Mail by February 25, 2008 to: CS,NFO, P O Box 13308, Portland, OR 97213. (postmarks are acceptable) Online registration closes February 25, 2008 Registrations will NOT be accepted alter those deadlines. On- pj site registration will be available during the conference. Registrants unable to attend may request a refund, less 1513 a processing tee of $3 i by submitting a written request to the sane address by Febmary 25, 2008 No refund requests will be accepted after February 25, 2008, Sub,titine attendees will be accepted at any time. CSMFO Registration Information Only: 877/282-9183 5 COUNCIL/RDA MEETING DATE: January 15, 2008 ITEM TITLE: Acceptance of Off -Site Improvements Associated with Tract Map No. 30357, Mountain View Country Club, Toll Brothers RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept off -site improvements associated with Tract Map No. 30357, Mountain View Country Club, Toll Brothers and authorize staff to release performance securities. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements. FISCAL IMPLICATIONS: Acceptance of the off -site improvements will impact the General Fund as follows: Catch basin maintenance is estimated to be $2,500 annually, which will be incorporated into the Landscape and Lighting District budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 30357, Mountain View Country Club, is located east of Jefferson Street, south of Avenue 50, and north of Avenue 52 (Attachment 1). The improvements include curb and gutter, sidewalk, curb ramps, storm drain, irrigation, landscaping, traffic signal, signing, striping, and asphalt concrete pavement. All obligations of the Subdivision Improvement Agreement (SIA) for off -site improvements and the Conditions of Approval have been satisfied. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Accept the off -site improvements associated with Tract Map No. 30357, Mountain View Country Club, Toll Brothers and authorize staff to release performance securities. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements; or 2. Do not accept the off -site improvements associated with Tract Map No. 30357, Mountain View Country Club, Toll Brothers and do not authorize staff to release performance securities. 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, luothy R. on s n, P.E.ic Works Di for/City Engineer Attachment: 1. Vicinity Map Approved for submission by: Thomas P. Genovese, City Manager A 169 ATTACHMENT 1 TM 30357 MOUNTAIN VIEW COUNTRY CLUB 50th LA- 52th— AVENUE U l iae VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: January 15, 2008 ITEM TITLE: Acceptance of Off -site Improvements Associated with Tract Map No. 30357, Mountain View Country Club, Toll Brothers �c 1 APPLICANT: Mr. Terry Hodge, Toll Brothers U 1 "z 'i pM OF M4O COUNCIL/RDA MEETING DATE: January 15, 2007 ITEM TITLE: Approval of a Contract and License Agreement for Crossing Federal Lands for Jefferson Street Improvements, Approval of an Agreement Regarding Respective Duties Under Bureau of Reclamation Jefferson Street License and Adoption of a Resolution Authorizing the City Manager to Execute Both Agreements RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a contract and license agreement for crossing federal lands for Jefferson Street improvements, approve an agreement regarding respective duties under Bureau of Reclamation (BOR) Jefferson Street license and adopt a resolution authorizing the City Manager to execute both agreements. FISCAL IMPLICATIONS: The agreement regarding respective duties under Bureau of Reclamation Jefferson Street License (Attachment 1) requires that all of the expenses and liabilities associated with the Bureau of Reclamation ("BOR") contract and license agreement (Attachment 2) be borne by Coral Canyon, LLC and/or Ministrelli Development Inc. The City will maintain Jefferson Street once the improvements that are to be constructed by the developer are accepted by City Council. -Maintenance funds will be requested for this portion of Jefferson Street as part of future budget proceedings. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The BOR Contract and License Agreement ("BOR License Agreement") is to extend Jefferson Street across federal lands. The license allows construction of a portion of a 162 roadway across federal lands that are administered by the BOR. It also allows for a borrow pit (a source of fill material for future roadway areas), and temporary construction areas. The proposed roadway is to be located within portions of Secs. 28 and 29, T.6 S. R.7E, San Bernardino Meridian (Attachment 3)• The developer Coral Canyon, LLC is the proposed subdivider and developer of property in the City subject to the provisions of Tentative Tract No. 33444, which is currently known as Coral Canyon and lies south of Lake Cahuilla and The Quarry development (Attachment 4). As a condition of approval to Tract No. 33444, the developer was required to work with the City, the BOR, and Coachella Valley Water District ("CVWD") to acquire the right-of-way needed from the BOR for the Jefferson Street realignment. In furtherance of this obligation, the developer obtained the BOR License Agreement. The Agreement does not give the City a fee or easement across the property. In summary, the BOR License Agreement allows the use of the BOR property for a portion of the street improvement. The Agreement imposes certain obligations on the City, including the duty to construct and maintain the improvements and to hold the federal agencies harmless from any costs or liabilities relating to the use of the property. The agreement further requires compliance with federal and state laws, and contains requirements relating to the discovery of cultural resources. The term of the license is 50 years. Beyond that, the City has the right to request a 50-year extension. Further extensions require a new application. Staff has concerns that after the expiration of• the 50-year term, the BOR could require the roadway to be removed, and access to the lots eliminated. To put all future buyers on notice of this limitation, the City is requiring as a condition of the agreement that a notice be recorded on each lot identifying the limited duration of the BOR grant. The Agreement between the developer and the City clarifies that the City's obligations under the BOR License Agreement will be the responsibility of the developer rather than the City up until the time that the street improvements are accepted. From that point on, the City will be responsible for the maintenance of the street. As stated above, the agreement also provides for the recordation of the notice to the lot owners regarding the limitation on the duration of the BOR License Agreement. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1) Approve a contract and license agreement for crossing federal lands for Jefferson Street improvements, approve an agreement regarding respective duties under Bureau of Reclamation Jefferson Street license and adopt a resolution authorizing the City Manager to execute both agreements; or 163 2) Do not approve a contract and license agreement for crossing federal lands for Jefferson Street improvements, do not approve an agreement regarding respective duties under Bureau of Reclamation Jefferson Street license and do not adopt a resolution authorizing the City Manager to execute both agreements; or 3) Provide staff with alternative direction. Respectfully submitted, mothy R. nas n, P.E. Public Works Dirc for/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Agreement regarding respective duties under Bureau of Reclamation Jefferson Street license 2. Contact and License Agreement 3. Proposed Jefferson Street Improvements 4. Vicinity Map . 164 ATTACHMENT 1 AGREEMENT REGARDING RESPECTIVE DUTIES UNDER BUREAU OF RECLAMATION JEFFERSON STREET LICENSE THIS AGREEMENT REGARDING RESPECTIVE DUTIES UNDER BUREAU OF RECLAMATION JEFFERSON STREET LICENSE (the "Agreement") is made and entered into this day of January, 2008, by and between Coral Canyon, LLC, a Delaware Limited Liability Company ("Developer"), Ministrelli Development, Inc., a California Corporation ("Guarantor"), and the City of La Quinta, a California Municipal Corporation (the "City"). RECITALS A. Developer is the subdivider and developer of Tentative Map No. 33444 (the "Project") located in the City of La Quinta subject to the conditions of approval found in City Council Resolution 2005-082 ("Conditions of Approval"). B. The Conditions of Approval obligate Developer to construct certain improvements on Jefferson Street, generally described as follows, and more specifically described in the Conditions of Approval, #62, A 2) & A 3) as follows: (a) realign and widen Jefferson Street from its northerly terminus on Avenue 58 to Cahuilla Park Road, (b) realign and widen Jefferson Street from Cahuilla Park Road to the northerly boundary of Tentative Map No. 33444, herein referred to as (the "Required Improvements"). C. Guarantor is a California corporation which owns an interest in Developer. Guarantor has agreed to guarantee the performance of Developer's obligation in this Agreement. D. Developer has coordinated an application to the Department of Interior, Bureau of Reclamation ("BOR") to obtain a license over the necessary right-of-way for the portion of the Required Improvements which cross over the All American Canal Project, portions of Sections 28 and 29, T.6S., R. 7 E., San Bernardino Meridian, California. E. As a result of Developer's efforts, the BOR has transmitted to the City a proposed Contract and License No. 06-07-34-1-1502, a true and correct copy of which is attached hereto as Exhibit A ("BOR License Agreement"), and which is incorporated herein by this reference. F. In the normal course of subdivision development, the City does not accept off - site improvements or the right of way they are built upon until the improvements are completed to the satisfaction of the Director of Public Works and formally accepted by the City Council. 165 G. Developer has requested that the City execute the BOR License Agreement in advance of the construction of the improvements, thereby necessitating this Agreement. AGREEMENT NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Responsibilities of Developer: During the term of this Agreement, Developer shall perform all of the obligations identified as being the obligation of the Licensee in the BOR License Agreement. These include, but are not limited to, making all required payments to the BOR, the construction of the Required Improvements, and indemnification of the United States and the BOR in accordance with Section 7 of the BOR License Agreement, all of the Miscellaneous Conditions specified in Section 9 of the BOR License Agreement, the requirements regarding discovery of Cultural Resources in Section 12 of the BOR License Agreement, the requirements and obligations relating to Hazardous Materials in Section 13, of the BOR License Agreement, and the compliance with all of the clean air and clean water regulations contained in Section 14 of the BOR License Agreement. Developer shall further be responsible for any other costs, expenses, and actions necessary to implement the BOR License, which implementation is to be at no expense to the City. The assumption of obligation by the Developer in this Section shall be without prejudice to its right to seek reimbursement from the City under the Developer Impact Fee program and to any rights to reimbursement Developer obtains by way of any reimbursement agreement executed between the City and Developer. 2. Responsibilities of Guarantor: As a material inducement to the City to execute the BOR License Agreement, Guarantor has agreed to be responsible for the obligations and duties of Developer to the extent the developer fails to or is otherwise unable to perform as required by this Agreement. 3. Responsibility of City: The City's obligation shall be: (1) to approve and execute the BOR License Agreement; (2) to accept the Required Improvements once they are completed in accordance with the approved Improvement Plans and provided they meet the approval of the Director of Public Works; (3) to undertake the normal maintenance of the Required Improvements once accepted; (4) upon the formal acceptance by the City Council of the Required Improvement, assume the obligations of the Licensee in the BOR License Agreement except as otherwise specified herein; and (5) to apply for the 50-year extension referred to in Section 4(a) of the BOR License Agreement. The City shall have no obligation to replace the Requirement Improvements unless it deems it appropriate to do so in its absolute and sole discretion. 4. 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 therefor. The injured party shall continue performing its obligations incurred herein so long .4.;) 166 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 necessary or agreed upon by all parties to this Agreement. 5. Attorneys' Fees. If any party commences an action against the other arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and legal costs from the losing party related to enforcement of the provisions of this Agreement. 6. Indemnification. Developer agrees to indemnify, defend, and hold City and its officers, employees, agents, representatives, and assigns ("Indemnified Parties") harmless from and against any losses, claims, demands, actions, or causes of action ("Claims"), of any nature whatsoever, arising out of or in any way connected with the performance of Developer, its officers, employees, agents, or representatives under this Agreement, including costs of suit and reasonable attorneys' fees. 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 claim. In addition, Developer shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. 7. City Officers and Employees. 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. 8. Term of Agreement. This Agreement shall remain in full force and effect following the date it has been executed by both parties, until the City Council has formally accepted the Required Improvements pursuant to Paragraph 3 herein. With respect to Developer's and Guarantor's obligations under Paragraph 6, the obligation to provide indemnification for any Claims based upon any act or omission that occurred prior to the City Council's formal acceptance of the Required Improvement, those obligations shall survive until fully performed. 9. Insurance. Developer shall concurrently with the execution of this Agreement, furnish the City satisfactory evidence of insurance of the kinds and in the amounts specified below. This insurance shall be kept in full force and effect by Developer during the term of this Agreement and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall name the City as an additional insured. Developer shall furnish evidence of having in effect, and shall maintain, Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers 167 Compensation laws of the State of California. amounts and types of coverage throughout the constitute a material breach of this Contract. a. Commercial General Liability Policy Failure to maintain the required duration of this Contract shall The Contractor shall take out and maintain during the term of this Agreement, a Commercial General Liability Policy, on an occurrence basis, with a minimum limit of not less than One Million Dollars ($1,000,000) combined single limit for bodily injury and property damage for any one occurrence and a Two Million Dollar ($2,000,000) annual project aggregate, for all of the following: i) Premises Operations, including Explosion, Collapse and Underground (X, C, and U) Coverage. ii) Completed Operations/Products, including X, C, and U Coverage. iii) Independent Contractors. iv) Blanket Contractual. v) Deductible shall not exceed One Thousand Dollars ($1,000). b. Commercial Business Auto Policy The Contractor shall take out and maintain during the term of this Agreement, a Commercial Business Auto Policy, on an occurrence basis, with a minimum amount of not less than One Million Dollars ($1,000,000) combined single limit for bodily injury and property damage, providing at least all of the following coverage: i) Coverage shall be applicable to any and all leased, owned, hired, or non - owned vehicles used in pursuit of any of the activities associated with this Contract. ii) Any and all mobile equipment, including cranes, which is not covered under said Commercial Business Auto Policy, shall have said coverage provided for under the Commercial General Liability Policy. iii) Deductible shall not exceed One Thousand Dollars ($1,000). 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. U. To City: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Attn: City Engineer (760) 777-7075 To Developer: Coral Canyon, LLC 74-875 Highway 111, Suite 105 Indian Wells, CA 92210 Attn: Pat Hall (760)771-1941 With Copy To: Wayne Guralnick, Esq. Guralnick &Gilliland, LLP 74-399 Highway 111, Suite M Palm Desert, CA 92201 (760) 340-1515 11. Assignment of Agreement. Neither party may assign its obligations hereunder to any assignee without the knowledge and with written consent of the other party hereto which other party shall not unreasonably withhold consent. Assignment may be made only to an assignee willing, financially capable, and competent to carry out the assignor's obligations. 12. General Provisions. 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. 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. 169 G. 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. 13. Condition Precedent. This Agreement shall become effective only if the BOR License Agreement is fully executed. 14. Disclosure of Limited Duration of BOR License. The BOR License Agreement provides in Section 4 that its initial term is for 50 years, and that an additional term may be granted upon application and agreement of the parties thereto. The BOR License Agreement further provides that any further extension will be treated as a new application. Developer agrees to ensure that all lot purchasers shall be informed of the limitation on the duration of the license by way of a recorded notice in a form acceptable to the City Attorney and the Director of Public Works. A pre -approved. form is attached hereto as Exhibit B. The parties may amend the form if the changes are mutually agreed upon. Developer agrees that the City will not approve the recordation of the Final Map for Tract No. 33444 until and unless the approved notice to all lot purchasers is recorded simultaneously. [SIGNATURES ON FOLLOWING PAGE] 170 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 CORAL CANYON, LLC By: Date Title: Ministrelli Development, Inc. By: Date Title: Approved as to Form: M. Katherine Jenson, City Attorney City of La Quinta Date 171 Exhibit A Bureau of Reclamation Contract and License Agreement J 172 Exhibit B Pre -Approved Form of Disclosure and Waiver RECORDING REQUESTED BY AND WHEN MAILED TO: City Clerk City of La Quinta 78-495 Calle Tampico La Quinta, CA 922.53 DECLARATION OF COVENANT AND AGREEMENT REGARDING WAIVER OF CLAIMS AGAINST CITY OF LA QUINTA This DECLARATION OF COVENANT AND AGREEMENT REGARDING WAIVER OF CLAIMS AGAINST CITY OF LA QUINTA ("Covenant') is made this day of __ by ("Declarant') with respect to certain real property, title to which is held by Declarant, consisting of (the "Subject Property"). Declarant agrees and acknowledges that it has been advised of and is fully aware of the risks and potential liability relating to the following conditions of the Subject Property: In order to access the Subject Property by roadway, it is necessary to pass over property owned by the Bureau of Reclamation ("BOR"), a federal agency. Declarant proposed to access the Subject Property by Jefferson Street. This may be the only other roadway leading to the Subject Property. To the extent there are other roadways leading to the Subject Property, said roadways will also have to pass over BOR property. A portion of the Jefferson Street is located on BOR property. The BOR had refused to grant the City of La Quinta a fee interest or an easement for the roadway. The City of La Quinta has no power to acquire the BOR property by eminent domain. In order to build the roadway on portions of BOR land, the BOR and the City of La Quinta have entered into a license agreement ("License Agreement'). A copy of the License Agreement is attached hereto as Exhibit A and incorporated herein by this reference. The License Agreement will expire, by its own terms, in the year 2058, unless the City of La Quinta makes a written request for an extension of the License Agreement and BOR approves same. Additionally, the License Agreement contains a provision which allows BOR to terminate the License Agreement, at any time, under certain conditions, as contained within the License Agreement. If the License Agreement is terminated by the BOR, or if the License Agreement is 171 not extended on or before the year 2058, street access to the Subject Property would be eliminated unless another public access roadway across the BOR land is approved and constructed. ON BEHALF OF ITSELF AND THE SUBSEQUENT OWNERS OF THE SUBJECT PROPERTY, INCLUDING THE OWNERS OF THE INDIVIDUAL LOTS WITHIN THE SUBJECT PROPERTY, DECLARANT COVENANTS AND AGREES TO RELEASE, WAIVE AND DISCHARGE THE "CITY OF LA QUINTA FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, LOSSES, DAMAGES, CAUSES OF ACTION, COSTS AND EXPENSES ARISING OUT OF OR RESULTING FROM ANY FUTURE TERMINATION OF THE LICENSE AGREEMENT OR ARISING OUT OF OR RESULTING FROM THE INABILITY OF THE CITY OF LA QUINTA TO SECURE AN EXTENSION TO THE LICENSE AGREEMENT. Declarant further agrees to provide a copy of this Covenant, including Exhibit A hereto, to future purchasers or devisees of the Subject Property, including owners of residential lots within the Subject Property. EACH OWNER OF SUCH RESIDENTIAL LOTS, BY ACCEPTANCE OF THE DEED TO THE OWNERS' RESIDENTIAL LOT, IS DEEMED TO COVENANT AND AGREE TO RELEASE, WAIVE AND DISCHARGE THE CITY OF LA QUINTA FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, LOSSES, DAMAGES, CAUSES OF ACTION, COSTS AND EXPENSES ARISING OUT OF OR RESULTING FROM ANY TERMINATION OF THE LICENSE AGREEMENT OR ARISING OUT OF OR RESULTING FROM THE INABILITY OF THE CITY OF LA QUINTA TO SECURE AN EXTENSION TO THE LICENSE AGREEMENT. EACH OWNER OF SUCH RESIDENTIAL LOTS ACKNOWLEDGES THAT ACCESS TO HIS, HER OR ITS LOT REQUIRES THE CROSSING OF BOR LAND, AND SAID OWNER FURTHER ACKNOWLEDGES THAT THE CITY OF LA QUINTA DOES NOT CONTROL THE ACTIONS OF THE BOR, AND THE CITY DOES NOT OWN OR HAVE AN EASEMENT ON THE PORTION OF JEFFERSON STREET WHICH CROSSES THE BOR PROPERTY. This Covenant shall not be amended in any manner or terminated without the prior written approval of the City of La Quinta and the recordation of any such approval by the City of La Quinta. This Covenant shall constitute a covenant running with and binding the land in accordance with the provisions of California Civil Code Section 1468. Accordingly, the Subject Property shall be held, sold, conveyed, mortgaged, encumbered, leased, rented, used, occupied and improved subject to the aforementioned agreement and covenant, all of which shall run with the Subject Property and shall be binding on all parties having any right, title or interest in the Subject Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof, and all of which are imposed on the Subject Property and every portion thereof. 174 IN WITNESS WHEREOF, Declarant has executed this Covenant as of the date first written above. ATTEST: "CITY" CITY OF LA QUENTA, a public body, corporate and politic Veronica Montecino City Clerk By: Date: APPROVED AS TO FORM: RUTAN & TUCKER, LLP M. Katherine Jenson City Attorney Dated: Thomas P. Genovese City Manager "DECLARANT" [TITLE OF DECLARANT] By: Its: 175 State of California ) County of _) On , before me, Notary Public, (here insert name and title of the officer) personally appeared who 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. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (seal) 1 176 ATTACHMENT 2 c'r United States Department tA, the fill erior C R lit REM.' Of I?Et i.A4tA!1(t`: TAKE Palac' llur,; ft•v.! t)!i'tce ImAmF tICA P YAO-7120 AUG o 8 2007 LhD-6.00 Mr. Tim lonasson City Engineer City of La Quinta P.O. Box 1504 La Quinta, CA 92247-1504 Subject: City of La Quinta _. Contract and License to Extend Jefferson Street Across Federal lands - Contract and License No, 06-07-34-L1502 (License) All - American Canal Project, Coachella Canal Division. California DcarMr. Jotutsson: Enclosed tine an original and two duplicate originals of the subject License. The License allows construction of a portion of a roadway across Federal lands that are administered by the Bureau orReelamation (Reclamation). The proposed roadway is to be located within portions of secs. 28 and 29. T. 6 S., R. 7 E:, San Bernardino Meridian, California. if the License is satisfactory, please sign all copies and retunt them to this Office. Please include official documentation, such as a resolution approved by the City Council, which clearly shows that the signatory is authorized to act on behalf of tile City of La Quinta, Once the Licenses are signed by the City of La Quinta and Coachella Valley Water District, Reclamation will prepare a final reconciliation of your reimbursable account for administrative costs. Once this account is settled, a fully executed duplicate original of the License will be provided for your file. Please reference License No. 06-07-34-1-1502 in all cotmnunications regarding this matter. If you have questions, please contact Mr. Roy Romines, Realty Specialist, at 928-343-8331. Sill"rely. j J C' thia Hoch, Lhile'etor Resource Management Office Enclosure in Triplicate .; 177 cc: Mr. Step en B. Robbins General Manager - Chid Hngincer Coachella Valley Water District P.O. Box 108 Coachella. CA 92230 (\Vlo encls) 178 t i Contract No.06-07-`+4-1-1502 UNITED STATES DEPARTMEN-1 OF THE INTERIOR BURLALi OF RIi.CLAMATLON LOWER COLORADO RE(iiOtN YUMA AREA OFFICE Y UMA, ARIZONA BOULDER CANYON PROJECT ALL-AMERICAN CANAL SYSTEM, COACRELLA DIVISION, CALIFORNIA CONTfRACT APT IICFNSF t THIS CONTRACT A.ND L.ICENSE. (License), is niade this __ — day of ____ ----' 2 2()�, pursuant to provisions of the Reclamation Act of June 1 ", 1902 {32 Suit. 3Sfi}; the 3 Reclamation Projet Act of Az+gust 4, t I39 (53 Slat. t l8'), as amcr,dcd August IR, 1950 (64 4 Stat. 463); and acts amendatory thereof or supplementary thereto; and the provisions of 43 C.R. 5 § 429, between the United States of America, acting othe officer eBureau ofexecuting claill.ieense, 011, 6 hereinafter referred to > as "Reclamation," rRepresented by 7 hereinafter referred to as the "Area Manager," and the City of la Quinta, hereinafter referred to 8 as the "LiccmcC," with tile concurrence of, the C,oacher,(a Valley Water District, hereinater 9 referred to as the "District," to 11 WITNESSETH: 12 13 WHEREAS, the I,lCCnSeC desires the authorization of Rectanlation and a right-o -use to 13 construct, awn and maintain a portion of a roadway wither, on- over andior across cez"twin lands 14 15 which were withdrawn for Bureau of Rechzmation prnicct purposes and certain lands that were on ject 116 7 bel a1428rattd the ul hshalitatijoll on'and C3cttern ent,Act ofdOctaf rt?,*I `14tI ('�I Star. 74), � Star 1057) datedas am nded: l 19 and 17 �0 WHEREAS', THE Licensee also desires the authorization of Iteclrnnation and a 011 2 locatedaadjacentoo the roadway fo-,Ise to Litilize r i rroR Pit Use t Area land I-einp rarydConst; utction lauds 23 Area; and 179 24 25 WHEREAS, the granting of such authorization arid right -of --use by Reclamation and the 26 exercise ofsucir right-of=use by the Licensee under the terns and conditions herein provided will 27 be compatible with the purposes for which the lands are administered on behalf of the 28 United States by Reclaration; and 29 30 WHEREAS, the purpose of this License is to grant the Licensee authorization arid a 31 right -of -use to construct, own and maintain that portion of the Jefferson Street Extension that 32 crosses Reclamation lands further defined herein below; and 33 34 WI IEREAS, the providers of various public utilities intend to install and/or construct 35 utilities and/or oth er•improvements throughout the Jefferson Street Extension. Any such 36 provider intending to install or construct any utilities and/or other improvements, not specifically 37 authorized by this License, across Reclamation lands shall make separate application to 38 Reelarnation for a Contract and License authorizing au individual right -of -use, under terms and 39 conditions set forth therein, prior to any construction or installation. 40 41 NOW, THEREFORE, subject to the conditions hereinafter set forth, Reclamation does 42 hereby grant to the Lieerrsce authorization arrd a right -of -use to construct, own and maintain that 43 segment of the Jefferson Street Extension, hereinaller referred to as "Facilities" within, on, over 44 and/or across Reclamation lands defined herein below. The parties hereto agree as follows: 45 46 I. DESCRIPTION OF RECLAMATION LANDS: 47 48 Portions of the NA'NE'h, section 29, and the W VNWI/+ of section 28, Township 6 49 South, Range 7 East, San Bernardino Meridian, County of Riverside, State of 50 California, said area contains approximately 26,28 acres consisting of 14.0 acres 51 of long r+ rrn use area and 12.28 acres of temporary use area, more or less. 52 53 The above described area, herrinalter referred to as "the freruises" rs ti<rther described by metes 54 and bounds or Exhibit A, and is also depicted on Exhibit B and H-2. Said Exhibits A. 13, and 13 55 are attached hereto and by this reference made a part hereof. 56 57 2. SU,CCESSr7RS AND ASSICiNA131L1TY: This License is personal, revocable and 58 nontransferable and shall not be construed as granting to the Licensee any right, title or interest in 59 the Premises or any other property, facilities or works of tire United Status and/or Reclamation, 60 This License shall be binding upon and inure to the benefit of the successor's and assigns of Ure 61 parties hereto; provided, however, that no assignment or transfer of any of the rights of the 62 Licensee hereunder shall be made without the prior written consent of Reclamation. 63 64 1QWNERSHIP taf FAILITIliS: 'file Licensee shall at ail limes and at its sole expense, 65 without any expense and/or liability whatsoeverto the United States and/or Reclamation, 66 construct, own, maintain and make necessary repairs to or replacco:ents of its Facilities in a Contract No. 06-07-34-1-1502 189 67 manner so as not to interfere with the proper use and operation of or cause injury or dama e to 68 any property, facilities or works of the United Statcs anobot Reclamation. The Licensee shall 69 reimburse the United States and/or Reclamation for all injury or damage to properly, facilities or 70 works of the United States and/or Reclamation arising out of the utilization of the rights `o'' anted 71 pursuant to this License which is caused by the Licensee, its officers, agents, or employees, and 72 die Licensee shall pr-omptly,pay any hills mridered therefore by Reclamation. 73 74 4. TERM: 75 76 (a) This License, unless terminated sooner as provided by At 8 hereof, shall 77 terminate twenty-five (25) years from the date hereof, This License may, upon agreement of the 78 parties, be extended for an additional twenty-five (25) year term. Any request for extension shall 79 be filed by the Licensee, in writing, with the Area Manager. Any request for extension must be 80 filed not less than one hundred and eighty (18D) days prior- to ternination of this License. Any 81 subsequent reques'[s for continued use of the Premises will require that a new application be filed 82 not less than 180 days prior to the expiration of the License or any extension thereof. 83 84 (b) Authorization for Licensee to enter and utilize the Borrow Pit Use Area and 85 Temporary Construction Use Area shall terminate two (2) years front the date hereof, unless this 86 License is terminated sooner as provided by Article 8 hereof: 87 88 5. CQNSIDEPAT(W In accordance with 43 C.F.R. § 429, consideration for this License 89 shalt be payment to Reclamation by the Licensee of the following: 90 91 (a) The suer of Two Hundred Dollars (va200), as the initial deposit fee required under 92 43 C.F.R. § 429.6(b), for submission and preliminary application review, the receipt of which is 93 hereby acknowledged; ,and 94 95 (b) All additional administrative costs in excess of the initial deposit f'or 96 administrative costs inc:uired by Reclamation in processing this License, which shall be due and 97 payable to Reclamation within 30 days after receipt ofa bill rendered therefore. 98 99 6. I,XC> PTIi)S_A �U ttCSEK�'Al'iONS: 100 101 (a) The united States and/or Reclamation and the District reserve the right of its/their 102 officers, agents and employees to at all times have unrestricted access and ingress to, passage 103 over and egress from all of the Premises to make investigation:: of all kinds, dig test pits and drill 104 test holes, to survey for and construct reclamation and irrigation %works and other structures 105 incident to Reclamation project needs and purposes. 106 107 (b) The rights granted hereunder shall not he exclusive nt character and the 108 United States and"ar R�,clamatron reserves to itself; its successors and assigns, the right against 109 the Licensee to use any o- all of the Premises, which is tir may he crossed, or upon which Contract No. 06-07-14-1-1502 I 181 4 Ito irrigation and drainage facilities and works of Reclaruation have been constructed, and to III construct, reconstruct, operate and maintain therein and thereon dams, dikes, canals, waste ways, 112 laterals, ditches, telephone and telegraph lines, elect is transmission lines, roadways and 113 appurtenant irrigation and drainage structures which may be needed or useful in connection with 114 or as a part of mats, laterals and other irrigation and drainage facilities without any payment by 115 Reclamation, its successors or assigns for the exercise of such right. The 1. icensee agrees that if 116 the construction, reconstruction, installation, operation or maintenance of any or all of such 117 works of the United States and/or Reclamation, on or across the Premises at the above -described 118 location of the Licensee's Facilities, should be made more expensive by reason of the existence 119 of file Licensee's Facilities, such additional expense may be estimated by Reclamation whose 120 estimate shall be final and binding upon the parties hereto, and within thirty (30) days after 121 demand is made upon the ].icensee for paytuent of any such sums, the Licensee will make 122 payment thereof to the United States and/or Reclamation or its successors or assigns constructing 123 such works across, over, under or upon the Premises. 124 125 (c) Reclamation resctves the right to inspect the Facilities of the Licensee or its 126 assigns under the tarns of this License both during the progress of construction and upon 127 completion thereof. 128 129 (d) Jurisdiction of and supervision by Reclamation over the Premises is not 130 surrendered or subordinated by issuance of this License and the United States andior 131 Reclamation reserves the right to issue additional licenses or other agreements for compatible 132 uses of the Premises. 133 134 7. INDEMNITY: 135 136 (a) The Licensee hereby agrees to hold harmless and indemnify the United States i37 and/or Reclaration, itsitheir employees, agents, suecessors or assigns tiom and against any 138 claims. demands, costs, losses, causes of action, damages or liability of Whatsoevcr kind of 139 nature arising out of or resulting from acts of negligence of the Licensee, its officers, agents Or 140 employees in the utilization by the Licensee of the rights granted to it pursuant to this License. 141 Additionally, except for acts ornegligence, the Licensee releases the United States and/or 142 Reclamation, its/their officers, employees, successors and assigns from any and all liability fnt 143 damage arising front injury to persons or damage to structures, equipment, improvements or 144 works of the Licensce resulting front the construction, operation or maintenance of any of the 145 works of the United litotes and/or Reclamation. Pro_v_(dud, hc2wever, that nothing contained in 146 this clause shall be deeaned to modify or limit any liability which may be imposed by the federal 147 Tort Claims Act, 28 U.S.C. 3 2617, et M. (1970). 148 149 8. TFRMSNATION: This License shalt terminate and all rights of the Licensce hereunder 150 shall cease upon [lie 11ollowirig: 151 152 (a) At the expiration of the terns as provided by Articic 4; or 182 Contract No. 06-07-34-Li 502 153 154 (b) At any time by Licensee: upon 60 days written notice to Reclamation; or 155 156 (c) At any time by Reclamation, tf Reclanha6on determines that. the Premises or any 157 portion thereof is needed for project purposes of Reclamation and/or the District, upon 120 bays 158 written notice to the Licensee; or 159 160 (d) After failure of the Licensee to observe any of the conditions of this License, and 101 on the tenth day following service of written notice on the Licensee of termination because of 162 failure to observe such conditions; or 163 164 (e) Upon a determination by Reclamation tha; any activity by the Licensee in or upon 165 the Premises is or was illegal. 160 167 9. MISCELLANRCIUS CONDITIONS: Tr. the use of the Premises, the Licensee shall 168 faithfully observe each of the fol lowing conditions: 169 170 (a) The Licensee, at its sole expense, shall construct, own, use and maintain its 171 Facilities in conformity with all applicable regulations of Federal, State and local regulatory 172 agencies, including but not limited to, those relating to pollution and environmental control. 173 174 (b) All construction, use and maintenance activities undertaken pursuant to this 175 License shall be in conformity with the specifications approved in advance by the Area Manager 176 and the District and shall be conducted by the Licensee, at all times in a manner satisfactory to the t77 Area Manager and the District. 178 179 (c) The Licensee shall at all times keep the Premises, including construction areas 180 used by the Licensee, free from accumulations of waste materials or rubbish_ 181 182 (d) During construction and use of the Premises, the Licensee shall easy out proper 183 and efficient measures wherever and as often asnecessary to reduce nuisance by dust, and to 184 prevent dust which has originated I}om its operations from damaging any other properties or 185 causing a nuisance to persons. 186 187 (e) The Licensee shall reimburse the United States andhor Reclamation for any and all 188 costs and expenses incurred in the defense of any action which chal Icngcs the Licensee's use of 189 the Premises. 190 191 (1) The Licensee shall not use the Premises or ponnit the use thereof for any purpose 192 except as set forth herein. 193 183 Contract No. 06-01-34-1,1502 194 (g) The rights granted by this License are subject to anyand all riLtlus of the 195 United States and/or Reclamation, and to existing rights in favor of the public or third parties. 196 The Licensee agrees that it is its sole responsibility to make whatever arrangements as are 197 necessary to obtain such rights as may he required of the Licensee from any other party of parties 198 holding any other interests. 199 200 (h) Upon termination of this License for any reason, the Licensee may be required, at 201 the option of the Unted States and/or Reclamation, to remove any oral I of its Faci litics placed 202 upon the Premises and shall restore the Premises to a condition satisfactory to the Area Manager, 203 If the Licensee fails to remove its Facilities within sixty (60) days after termination of this License, 204 the Area Manager may, on behalf of the United States and/or Reclamation, deny and prohibit any 205 or all public access to the Licensee's Facilities or remove the Licensee's Facilities at the expense of 206 the Licensee, and Licensee shall promptly pay the united States and/or Reclamation for removal 207 and restoration upon receipt of billing, 208 209 (i) 'rhe Licensee shall provide a construction schedule and 72-hours notice to 210 Reclamation prior to start of construction. Said 72-hours notice shall be provided to 211 Reclamation's Technical Services Group Manager at telephone No, 928-343-8100 so that a 212 Reclamation construction inspector can be on -site during construction activities. 213 214 0) The Licensee is aware that Reclamation has given a prior authorization to the 215 Coachella Valley Recreation and Park District ("CVRPD") for the Coral Mountain Trail within 216 portions of the Premises. The Licensee shall deliver to Reclamation written evidence of 217 CVRPD's approval of the Jefferson Street Extension prior to commencing ground disturbing 218 activities within the: Premises. 219 220 10. OF1'TCIA] t> NQ'C TQ i3Eh`EFrf: No Member ofor Delegate to Congress or Resident 221 Commissioner, and no officer, agent or employee of the Department of the Interior, shall be 222 admitted to any share or part of this License or to any benefit that may arise herefrom, but this 223 restriction shall not he construed to extend to this License i f made with a corporation or 224 contractor for its general benefit. 225 226 11. COVENANT AGA_NST CONT1NCrFNT REf S: The Licensee warrants that no person 227 or agency has been employed or retained to solicit or secure this License upon an agrcernent or 228 understanding for a commission, percentage, brokerage or contingent fee, execpting bona fide 229 employees or bona fide established agencies maintained by the Licensee fir the purpose of 230 securing business. For hreaeh or violation of this warranty, the Urn ted States andiur Reclamation 231 shall have the right to annul this License without liability or in its discretion to require the 232 Licensee to pay, in addition to the right-ofuse consideration, the full arnount of such 233 commission, percentage, brokerage or contingent fee. 234 Contract No. 06-07-34-1L1502 184 ;rr OF GULTt1RAL RES©l IRCES: The Licensee shall rurnedi nely providc 12. Difi�._COVk?R�_r— — 23G oral notifieatton to Rectamatiou of the discovery of any and all antiquities 'File other objects of 237 arahaeologcal cultural, historic or scientific interest on Reclamation lands. Ttte licensee shall -eight f48) hours. 238 follow up with a written report of their findings) to Reclarrratinn within forty 239 Objects under consideration include. but are not limited to, historic or prehistoric ninrs, human 240 remains, funerary objects and artifacts discovered as a result of activities authorized under thk 241 License. The Licensee shall immediately cease the activity in the area of the discovery, make a 242 reasonable effort to protect such discovery and wait for written approval front Reclamation 243 before resuming the activity. protective and mitigative measures specified by Reclamation shall 244 be the responsibility (if the Licensee. 245 246 13. HA7ARDOt15 MATERIALS: 247 248 (a) The LLeensec may not al?aw contamination or polltnion of lands, waters or project 249 works of the United States and/or Reclamation for which the Licensee has the responsibility for 250 care, operation and maintenance by its employees or agcats and sha1C take reasunable precautions 251 to prevent such contamination or pollution by third parties. 252 253 (b) The Licensee shall comply with all applicable hederal, State and local taw and 254 regulations and Reclamation policies and instructions, existing or hereafter enacted or 255 promulgated, concerning any hazardous material that will be used, produced, transported, stored 2% or disposed of on or in lands, waters or project works of the United States and/or Reclamation" 257 258 (c) "Hazardous material" means any substance, pollutant or contaminant listed as 259 hazardous under the Comprehensive Environmental Response, Compensation, and sit t ity ct Aral 260 of 1980, as amended., 42 ?J.S,C, § 9601, et s ., and the reg Bali re sew rue gatedOffluPursuant industrial 261 Act. In addition, it shall include thermal pollution, refuse, g $ 202 waste, petroleum products, mine tailings, mineral salts, misused pesticides, pesticide containers 263 or any other pollutants. 264 265 (d) Upon discovery orally et ent which may or does result in cunt, mhuttion or 266 pollution of lands, waters or project works of t?:e 1Jmted States and/or (reclamation, the Licensee 267 shall initiate emergency measures to protect health and safety, and the erivironorcnt if necessary 26 y and shall provide notice of such discovery with full details of tl,e actions t,t Reclamation'. 269 Environmental Planning and Compliance Group Manager at telephone No. 928-343-8100. 270 Additionally, all spills regardless of size shall be reported to Reclamation's Flivironmentat 271 Planning and Compliance Group Manager. Such notice shall be within it reasonable time period 212 but not to excencl 24 hours from the time of discovery if it is an emergency and the first worknag 273 day if it is a non -emergency. 274 contract No. 06-07-34.1,1502 185, 275 (e) Violation of any of the provisions of this. Article, upon a-hich the Licensee does 276 not take immediate corrective action, may, as determined by Reclamation, constitute grounds for 277 termination of this License and shall make the Licensee liable for the cost of full .and complete 278 remediation andlor restoration of any resources or facilities of the United States and/or 279 Reclamation that are adversely affected as a result of the violation. 280 281 (1) The Licensee agrees to include the provisions contained in paragraphs (a) through 282 (e) of this Article in any subcontract or third patty contract it may enter into pursuant to this 283 License. 284 285 (g) Reclamation agrees to provide utformation necessary for the Licensee using: 286 reasonable diligence to comply with the provisions of this Article. 297 288 14. CLEAN A1R AND WATFK: The Licensee agrees as follows: 289 290 (a) To comply with all Federal, State, and local requirements of the Clean Air Act 291 (CAA) and the Clean Water Act (CWA), and 292 293 (b) To obtain written permission from Reclamation prior to conducting any activities 294 that require permits, plans, or certificates under the CAA or the CWA; and 295 296 (c) To provide Reclamation with a copy of any correspondence between the Licensee 297 and any regulatory agency concerning CAA or CWA compliance, including, but not lmited to, 298 copies of permit applications, permits, reports, notices of violation or enforcement actions; and 299 300 (d) To take immediate and effective action to correct any violation related to the CAA 301 or the CWA. Pro\ ide Reclamation with a narrative description ol` the 4 rotation, the actions taken 302 by the Licensee, the date the violation began, the date that the Licensee became aware orthe 303 violation and the date that the Licensee returned to compliance; and 304 305 (e) To take action to comply with arty changes to the CAA and the CWA within the 306 schedule required by the regulation, rule or guidance. 307 308 15. NOTICES 3,09 310 (a) Any notices required by this Article shall be served by certified mail addressed to 311 the respective addresses given herein and the mailing of any such notice properly enclosed. 312 addressed, stamped and certified, shall be considered service. 313 314 (b) Any notice, demand or request required or author by this Liceiisc to he given 315 or made to or upon the United Staters andror Reclamation shall be d .enicd properly given or 316 made if delivered or mailed portage -prepaid, to the Area Manager, Yuma Area Office, Bureau of 317 Reclamation, 7301 Calle Agua Salada, Yuma; Arizona 85364. Contract No, 06-07-34-L1502 186 9 318 (e) Any notice, demand or request required or authorized by this License to be given 319 or made to or upon the Licensee shall be deemed properly given or made if delivered or mai icd 320 postage -prepaid, to the City of I Quinta, P.0, Box 1504, La Quinta, California 92247-1504. 321 322 (d) The designation of the person to or upon whom any notice, demand or request is 323 to be given or made, or the address of such person may be changed at any time by notice given in 324 the same manner as provided in this Article for other notices. 325 326 1& NO WARR NNTY: Reclamation makes tto warranty, express or implied, as to the extent 327 or validity of the grant contained herein. WIIFA Contract No. 06-07-34-1-1502 10 IN WITNESS WITFIREOP, the parties hereto have signed their names to this CONTRACT ANDLICEN$E which xball become effective the day and year first abave written. THE UNITED STATES OF AMIERICA U-M Area Manager Yuma Area Office Lower Colorado Region Bureau of Reclamation United States Department of the Interior Date; CITY % LA QUINTA By: Title: Date: CONCURRENCE- COACHELLA VALLEY WATFR DISTRICT By: Title: Date: Contract No. 06-07-34-1-!1502 188 ATTACHMEN i I S1,26, T 6S� R.M gi F , � AM m-M aw O Oy rn mm r x r m ; 4 D� u r CD TOR, CD m ;o m vy C� pp� 8 g i T3 109 1 EE 2 199 ATTACHMENT 4 M' O'�� O y c-. O Z �3 JEFFERSON m n 2 H y D m < < m 12< m m m N O co — WASH I W JEFFERSON MADISON JACKSON 191 Twtt 4 Xfv Qumrcv COUNCIL/RDA MEETING DATE: January 15, 2008 ITEM TITLE: Approval of Program Supplemental Agreement Number 008-N to Agency -State Agreement Number 08-5433R for Federal Funding Toward the Jefferson Street Median Island Landscape Improvements, Project No. 2005-03 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a minute order authorizing the City Manager to execute Agency -Federal Master Agreement 08-5433R and Program Supplemental Agreement 008-N providing Federal funding toward the construction of the Jefferson Street Median Island Landscape Improvements, Project Number 2005-03. FISCAL IMPLICATIONS: The following is the project's approved funding and funding sources: Transportation DIF: $361,136 City of Indio: $443,053 Federal Funds $445,190 Grand Total: $1,249,379 The following is the approved project budget: Construction: $961,990 Design: $92,530 Inspection/Testing/Survey: $71,710 Administration: $46,265 Contingency: $76,884 Total: $1,249,379 M CHARTER CITY IMPLICATIONS: The project is partially funded with Federal Transportation Enhancement (TE) funding and a portion of the project will be funded by the City of Indio. The project is subject to prevailing wage requirements. BACKGROUND AND OVERVIEW: The project is located within the median islands on Jefferson Street, between Highway 111 and Indio Boulevard. The project limits are jointly owned by the City of La Quinta (45%) and the City of Indio (55%). The proposed improvements consist of landscaping the newly constructed median islands on Jefferson Street using decomposed granite, rock, irrigation, drought tolerant ground cover, plants, shrubs, and trees. All plants, shrubs and trees are proposed to be native to the south east desert basin. On September 6, 2005, the City Council adopted a resolution approving the submittal of a project application to the Riverside County Transportation Commission (ROTC) for TE funds for the Jefferson Street Beautification Project. On November 10, 2005, the City was notified by RCTC staff that the Commission approved the City's request for TE funding in the amount of $445,190 toward the Jefferson Street Beautification Project. The Jefferson Street Beautification Project was included by amendment in the 2006 Regional Transportation Improvement Plan (RTIP) in March 2006. Caltrans approved the project environmental document on May 9, 2006. On November 7, 2006, the City Council approved a Professional Services Agreement (PSA), in the amount of $73,910, with David Evans and Associates, Inc. to prepare the plans, specifications and estimate (PS&E) of probable construction costs for the Jefferson Street Median Island Landscape Improvements, Project Number 2005-03. On August 7, 2007, the City Council appropriated additional funding in the amount of $129,427, from unassigned Transportation Developer Impact Fees (DIF), and approved a Cooperative Agreement between the Cities of La Quinta and Indio, for the design and construction of the Jefferson Street Median Island Landscape Improvements, Project Number 2005-03. The City of Indio's City Council approved the Cooperative Agreement on August 15, 2007. 193 On September 9, 2007, the California Department of Transportation (Caltrans) notified the City that the Federal Highways Administration (FHWA) obligated funding, in the amount of $445,000 to the Jefferson Street Median Island Landscape Improvements, Project Number 2005-03. On October 2, 2007, the City Council approved the Plans, Specifications and Engineer's Estimate (PS&E) and authorized staff to advertise for bid the Jefferson Street Median Island Landscape Improvements, Project Number 2005-03.. On November 20, 2007, the City Council awarded a contract in the amount of $961,990 to Marina Landscape, Inc. to construct the Jefferson Street Median Island Landscape Improvements, Project Number 2005-03. The attached City of La Quinta/Agency Master Agreement 08-5433R provides the overall parameters for any Federal funding received from the California Department of Transportation. The Supplement Agreement 008-N (Attachment 1) provides for the Federal funding specifically assigned to this project. In addition to the City's execution of the original agreement, the City Clerk will be required to provide a certified "Minute Order" that clearly identifies the project and the official authorized to execute the agreement. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Adopt a minute order authorizing the City Manager to execute Agency - Federal Master Agreement 08-5433R and Program Supplemental Agreement 008-N providing Federal funding toward the construction of the Jefferson Street Median Island Landscape Improvements, Project Number 2005-03; or 2. Do not authorize the City Manager to execute Agency -Federal Master Agreement 08-5433R and Program Supplemental Agreement 008-N providing Federal funding toward the construction of the Jefferson Street Median Island Landscape Improvements, Project Number 2005-03; or 3. Provide staff with alternative direction. Respectfully submitted, mothy R. ona n, P.E. Public Wo s Di ,ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Program Supplemental Agreement RPSTPLE 5433 (008) 195 ATTACHMENT STATE OF CALIFORNIA BUSINES,S,TRANSPORTATION AND HOUSING AGENCY Arnold Schwarzenegger, Governor DEPARTMENT OF TRANSPORTATION RECEIVED•- Division of Local Assistance P.O BOX 942874, MS# 1 DEC 21 2007 Sacramento, CA 94274-0001 TDD (654-4014 PUBLIC WORKS (916)654-654-3151 Fax (916) 653-7621 File: 08-RIV-0-LCNT December 19, 2007 Mr Tim Jonasson Public Works Director/City Engineer City of La Quinta P.O.Box 1504 La Quinta, CA 92253 Attn: Mr. Nick Nickerson Dear MrJonasson: RPSTPLE-5433(008) Jefferson Street from State Route 111 to Indio Boulevard (State Route 86) Enclosed are two originals of the Program Supplement Agreement No. 008-N to Administering Agency -State Agreement No. 08-5433Fi and an approved Finance Letter for the subject project. Please retain the signed Finance Letter for your records. Please note that federal funding will be lost if you proceed with future phase(s) of the project prior to getting the "Authorization to Proceed" with that phase. Please review the covenants and sign both copies of this Agreement and return both to this office, Office of Project Implementation - MS1 within 60 days from the date of this letter. If the signed Agreements are not received back in this office within 60 days, funds will be disencumbered and/or deobligated. Alterations should not be made to the agreement language or funding. Attach your local agency's certified authorizing resolution that clearly identifies the project and the official authorized to execute the agreement. A fully executed copy of the agreement will be returned to you upon ratification by Caltrans. No invoices for reimbursement can be processed until the agreement is fully executed. In accordance to Govemnient Code 16304, Federal funds appropriated by the State budget are available for liquidation only for seven years and the State funds are available only for five years. The attached Finance Letter shows these deadlines as the "Reversion Date". Please ensure that your invoices are submitted at least 60 days prior to the reversion date to avoid any lapse of funds. If your agency is unable to seek reimbursement by this date you may request an extension through a Cooperative Work Agreement (CWA). A CWA is subject to the final approval of the State Department of Finance. If approved, the CWA may extend the deadline for up to one year for federal funds and up to three years for State funds. Please note that Government Code 16304 does not supersede any other more restrictive expenditure deadlines. Your prompt action is requested. If you have questions, please contact your District Local Assistance Engineer. Sincerely, �Wl ,RAY ZHANG, Chief _ Office of Project Implementation Division of Local Assistance Enclosure c• DLA AE Project Files (08) DLAE - Sean Young .19 5 PROGRAM SUPPLEMENT NO. 9008 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 08-5433R Date: December 10, 2007 Location: 08-RIV-0-LQNT Project Number:RPSTPLE-5433(008) E.A. Number:08-000254 This Program Supplement hereby incorporates the Administering Agency -State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 12/18/06 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. , approved by the Administering Agency on (See copy attached). The Administering Agency further stipulates that as a condition to the payment by State of any funds derived from sources noted below obligated to this project, the Administering Agency accepts and will comply with the Special covenants or Remarks setforth on the following pages. PROJECT LOCATION: Jefferson Street from State Route 111 to Indio Boulevard (State Route 86) TYPE OF WORK: Median landscaping LENGTH: 2.5(MILES) Estimated Cost Federal Funds Matching Funds $921,230.00 14220 $445,000.00 LOCAL $476,230.00 $0.00 OTHER $000 •.a-aa yr � ytV1WXA By Date Attest Title STATE OF CALIFORNIA Department of Transportation By Chief, Office of Project Implementation Division of Local Assistance Date I hereby certify upon nv per 1 knOW1 ge thnt budgeted funds are available for t//ccin encumbrance, Accounting Officer Z�- Date �j V $445,000.00 Chapter Statutes ea Year an BC I Category Fund source ➢MUNT 171 2007 2660-101-890 2007-2008 20.30.600.731 S 228010 892-F 445,000.00 PZ09ram SUDDlement 08-5433R-N008- ISTEA Page 1 of 4 197 08-RIV-0-LQNT 12/10/2007 RPSTPLE-5433(008) SPECIAL COVENANTS OR REMARKS 1. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. 2. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days after the project contract award. A copy of the award package shall also be included with the submittal of the ADMINISTERING AGENCY's first invoice for the construction contract to: Department of Transportation Division of Accounting Local Programs Accounting Branch, MS #33 P. O. Box 942874 Sacramento, CA 94274-0001. Failure to do so will cause a delay in the State processing invoices for the construction phase. Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. 3. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s). 4. Any State and Federal funds that may have been encumbered for this project are only available for disbursement for a period of five (5) years and seven (7) years, respectively, from the start of the fiscal year(s) that those funds were appropriated within the State Budget Act. All project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested and is approved by the California Department of Finance per Government Code Section 16304. The exact date of each fund reversion will be reflected in the approved finance letter(s) issued for this project. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement that is not submitted to the Department on or before 60 days after that applicable fixed fund Program Suppl" nt OS-5433R-NODS- ISTEA Page 2 of 4 19S O8-RIV-0-LQNT 12/10/2007 RPSTPLE-5433(008) SPECIAL COVENANTS OR REMARKS reversion date will not be paid from that fiscal year's encumbered funds because all of these unexpended funds will be irrevocably reverted by the Department's Division of Accounting on that date. Pursuant to a directive from the State Controller's Office and the Department of Finance, the last date to submit invoices for reimbursed work in each fiscal year is May 15th in order for Payment to be made out of those then current appropriations. Project work performed and invoiced after May 15th will be reimbursed only out of available funding that might be encumbered in the subsequent fiscal year, and then only when those funds are actually allocated and encumbered as authorized by the California Transportation Commission and the Department's Accounting Office. 5. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations, and invoice payments for any on -going or future federal -aid project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period. If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual. 6. This PROJECT is subject to the timely use of funds provisions enacted by Senate Bill 45 (SB 45), approved in 1997, and subsequent CTC guidelines and State procedures approved by the CTC and STATE, as outlined below: Program SUPP1 ment08-5433R-Nooe- ISTRA page 3 of 4 199 O8-RIV-0-LQNT 12/10/2007 RPSTPLE-5433(008) SPECIAL COVENANTS OR REMARKS Funds allocated for the environmental & permits, plan specifications & estimate, and right-of-way components are available for expenditure until the end of the second fiscal year following the year in which the funds were allocated. Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING AGENCY agrees to award the contract within 6 months of the construction fund allocation and complete the construction or vehicle purchase contract within 36 months of award. 7. This PROJECT is programmed to receive Federal Transportation Enhancement Activities (TEA) fund. The ADMINISTERING AGENCY agrees that any functional or operational change to a TEA PROJECT, before, during or after PROJECT acquisition and/or construction, that does not comply with, or is in conflict with, the TEA program requirements and the original purpose of the project at the time it was programmed may render the PROJECT ineligible for Federal reimbursement and ADMINISTERING AGENCY may be required to reimburse STATE the entire amount of TEA funds contributed to the project or the value of the TEA fund contribution, based upon the fair market value of the acquisition and/or construction, at the time the conflict and/or non-compliance is determined, whichever is greater. Program Sayp1ement08-5633R-N008- ISTEA Page 4 of 4 2139 �H OF MEO COUNCIL/RDA MEETING DATE: January 15, 2008 ITEM TITLE: Approval of a Reimbursement Agreement with Coral Canyon, LLC, a Delaware limited liability company, for Jefferson Street Realignment/ Improvements (Street to be Renamed by City of La Quintal from the Realigned Northerly Terminus on Avenue 58 to the; Northerly Boundary of Tentative Map No. 33444 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Reimbursement Agreement (Attachment 1) between the City of La Quinta and Coral Canyon, LLC, a Delaware limited liability company, for Jefferson Street Realignment/Improvements (street to be renamed by City of La Quinta) from the realigned northerly terminus on Avenue 58 to the northerly boundary of Tentative Map No. 33444, and authorize the City Manager to execute said agreement. FISCAL IMPLICATIONS: The Jefferson Street realignment will create a 936-foot radius connecting road between Avenue 58 and the extension of Jefferson Street south of PGA West. This project will eliminate the 90 degree intersection of Avenue 58 and Jefferson Street. The City has identified the following two funding sources from which it desires to partially reimburse the developer for the above mentioned improvements: Funding Source # 1 — Other Developers. Certain obligations were imposed by the City on the developers of PGA West Tract Map No. 28960 and The Quarry Ranch Tract Map No. 30651 with regard to improvements to portions of Jefferson Street. The City is currently holding: (1) a cash payment of $390,541.81 submitted by KSL Resorts; and (2) a cash payment of $273,619.18 submitted by Quarry Ranch. These deposits are for interim improvements generally consisting of one lane in each direction. Additional costs may be required from Quarry Ranch Tract Map No. 30651 and PGA West Tract Map No. 28960 for the full improvements for Jefferson Street. Funding Source #2 - The Transportation Component of the Development Impact Fee (DIF). All development projects in the City are required to pay fees pursuant to the 1I 201 Development Impact Fee Program. A portion of the DIF known as the "Transportation Component" provides future funding for specific arterial street improvements located throughout the City. Based upon the current level of the Transportation Component of the DIF, it is anticipated that the project will generate, at the time building permits are issued, up to $422,670 in Transportation Component Fees. This is calculated from the $1,930 per dwelling unit 2006 DIF transportation fee multiplied by 219 dwelling units planned for the Coral Canyon Project. Assuming that the developer has completed the above mentioned improvements to the City's satisfaction, when the developer seeks the issuance of the building permits for the units in the project, the developer will be issued a credit against the Transportation Component of the DIF which would otherwise be due and payable for the project. The credit would be based on the actual number of dwelling units constructed under the project utilizing the then current Transportation Component of the DIF. Thus, if the per unit fee is increased above the current level of $1,930 per dwelling unit, the maximum reimbursement possible through the credit could exceed the currently estimated maximum credit of $422,670. 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 reflect a DIF line item totaling $5,569,743 for the ultimate improvements to Avenue 58 (Lake Cahuilla access road to Madison Street). The required ultimate improvements are estimated to be 39% of the total available 2006 DIF budget of $5,569,743 or $2,217,313. 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. In addition, this funding is not currently available or earmarked for the subject work. The agreement anticipates that the reimbursement will occur at some point during the life of the DIF Program to be determined by the Council. Based upon the current DIF Program and existing funding on deposit, the potential reimbursement/credit can be summarized as follows: KSL Deposit $390,541.81 Quarry Ranch Deposit $273,619.18 DIF (Based on current DIF and full Improvements) $2,217,313.00 Total $3,547,852.29 It should be noted, however, that this funding is for the ultimate roadway improvements. The developer is proposing to construct interim improvements and would thus not be entitled to reimbursement until the ultimate roadway improvements are installed or the General Plan/and or the DIF is amended so as to identify the interim improvements as the ultimate improvements. � W2 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Coral Canyon, LLC, a Delaware limited liability company, is the subdivider and developer of property in the City subject to the provisions of Tentative Map No. 33444, which lies south of Quarry Ranch as shown in Attachment 2. The Jefferson Street realignment will create a 936-foot radius connecting road between Avenue 58 and the extension of Jefferson Street south of PGA West. This project will eliminate the 90 degree intersection of Avenue 58 and Jefferson Street. The extension of Jefferson Street over the dike will become the entrance to the Coral Mountain development project. Pursuant to Resolution No. 2006-068, the July 2006 DIF Study, and the detailed cost estimates, a portion of these improvements is eligible for DIF fund reimbursement as defined in the attached reimbursement agreement. Also, as described above, there are certain other funding sources that could be available to reimburse the developer for eligible costs for these improvements as defined in the attached reimbursement agreement. The time frame for reimbursement is not specified. Staff is preparing a policy for prioritizing reimbursements for City Council to consider at a future meeting. The reimbursement under this agreement would be pursuant to the policy, if adopted, or pursuant to the priority established by the City Council. 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 Coral Canyon, LLC, a Delaware limited liability company, for Jefferson Street Realignment/Improvements from the realigned northerly terminus on Avenue 58 to the northerly boundary of Tentative Map No. 33444, with any minor modifications approved by the City Manager and the City Attorney; or j 203 2) Do not authorize the City Manager to execute a Reimbursement Agreement between the City of La Quinta and Coral Canyon, LLC, a Delaware limited liability company, for Jefferson Street Realignment/Improvements from the realigned northerly terminus on Avenue 58 to the northerly boundary of Tentative Map No. 33444; or 3) Provide staff with alternative direction. Respectfully submitted, 4othy R. J n <EWorks DirE;ct /City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Reimbursement Agreement 2. Location Map 20 f ATTACHMENT City of La Quinta REIMBURSEMENT AGREEMENT JEFFERSON STREET REALIGNMENT/IMPROVEMENTS (STREET TO BE RENAMED BY CITY OF LA QUINTA) (From the Realigned Northerly Terminus on Avenue 58 to the Northerly Boundary of Tentative Map No. 33444) THIS REIMBURSEMENT AGREEMENT (the "Agreement') is made and entered into this day of January, 2008, by and between Coral Canyon, LLC, a Delaware Limited Liability Company ("Developer"), and the City of La Quinta, California, a California Municipal Corporation (the "City"). RECITALS A. Developer is the subdivider and developer of Tentative Map No. 33444 (the "Project') located in the City of La Quinta subject to the conditions of approval found in City Council Resolution 2005-082 ("Conditions of Approval'), which Conditions of Approval were carried forward when an extension of the Project was granted in 2007. B. The Conditions of Approval obligate Developer to construct certain improvements on Jefferson Street, generally described as follows, and more specifically described in the Conditions of Approval, #62, A 2) & A 3) as follows: (a) realign and widen Jefferson Street from its northerly terminus on Avenue 58 to Cahuilla Park Road, (b) realign and widen Jefferson Street from Cahuilla Park Road to the northerly boundary of Tentative Map No. 33444, herein referred to as (the 'Required Improvements"). Four separate road segments and funding mechanisms are identified and documented in Exhibits A and B. C. The City has fund sources from which it desires to partially 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 sources are: Funding Source #1 — Other Developers. Certain obligations were imposed by the City on the developers of PGA West Tract Map No. 28960 with regard to improvements to portions of Jefferson Street. A deposit in the amount of $390,541.81 is currently held by the City from the developers for this purpose. Certain obligations were imposed by the City on the developers of the Quarry Ranch Tract Map No. 30651 for improvements to Jefferson Street. A deposit in the amount of $273,619.18 is currently held by the City from the developers for this purpose. it 20 Funding Source #2 - 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. D. Based upon the current level of the Transportation Component of the Fee, it is anticipated that the Project will generate, at the time building permits are issued, up to $422,670 in Transportation Component Fees. This is calculated from the $1,930 per dwelling unit 2006 DIF transportation fee (Exhibit D) multiplied by 219 dwelling units planned for Project. Assuming that Developer has completed the Required Improvements to the City's satisfaction when Developer seeks the issuance of the; building permits for the units in the Project, Developer or Developer's success or interest shall be issued a credit against the Transportation Component of DIF which would otherwise be due and payable for the Project. The credit would be based on the actual number of dwelling units constructed under the Project utilizing the then current Transportation Component of the Fee. Thus, if the per unit fee is increased above the current level of $1,930 per dwelling unit, the maximum reimbursement possible through the credit could exceed the currently estimated maximum credit of $422,670.00. E. 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 C) reflect a DIF totaling $5,569,743.26 for Avenue 58 (Lake Cahuilla Access Road to Madison Street). The ultimate Required Improvements are estimated to be 39.8099615% of the total available 2006 DIF budget of $5,569,743.26 or $2,217,312.65. 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. F. 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. The current, unapproved draft of the street plans for the Required Improvements are attached as Exhibit E. G. 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. 206 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, #62, A 2) & A 3) as follows: (a) realign and widen Jefferson Street from its northerly terminus on Avenue 58 to Cahuilla Park Road, (b) realign and widen Jefferson Street from Cahuilla Park Road to the northerly boundary of Tentative Map No. 33444 (c) construct all improvements as shown on the City -approved street improvement plans that are currently under review by the City Engineer and are attached for reference purposes as Exhibit E. 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: (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 and the Required Improvements 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 would be issued a credit of up to $422,670. (c) Use of Funding Source #1. The funds on deposit, described in Recital C, above, shall be used by the City to reimburse Developer for the Required Improvements upon their completion and approval by the City Engineer. 207 (d) Additional Reimbursement from the City's Future Transportation Component Fees. To the extent that Developer's eligible costs for the Required Improvements are not credited or reimbursed pursuant to Section 2(b) and 2(c), Developer is eligible for reimbursement at some point in the future from the Transportation Component Fees collected on other projects. Developer recognizes that at this point in time, the City cannot commit to a time certain for reimbursement, inasmuch 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 they will be considering a policy regarding the priority of reimbursement, and that if adopted, the timing of its reimbursement will be subject to the policy. In no event will the amount of reimbursement (including credit) exceed the amount designated in the DIF Program for the portion or percentage of roadway improvements comprising the Required Improvements. By way of example, 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 C) reflects a DIF totaling $5,569,743.26 for Avenue 58 (Lake Cahuilla Access Road to Madison Street). The ultimate Required Improvements are estimated to be 39.8099615% of the total available 2006 DIF budget of $5,569,743.26 or $2,217,312.65. Thus, upon completion and acceptance of the ultimate Required Improvements, the maximum that the Developer could receive, via DIF credits and DIF reimbursement, not including Funding Source 1, would be $2,217.312.65 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 or if the scope of work performed by Developer changes. 3. Warranty. Developer agrees to obtain from each contractor performing any aspect of the Required Improvements a warranty in the City's favor for the repair or replacement of faulty work or materials for a period of one year following completion of the Required Improvements and the City's acceptance thereof, which acceptance shall not be subject to completion of all improvements for the Tract. 4. 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 therefor. 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 necessary or agreed upon by both parties to this Agreement. 5. Attorneys' 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 attorneys' fees and legal costs from the losing party related to enforcement of the provisions of this Agreement. 20S 6. Indemnification. Developer agrees to indemnify, defend, and hold City and its officers, employees, agents, representatives, and assigns ("Indemnified Parties") harmless from and against any losses, claims, demands, actions, or causes of action ("Claims"), of any nature whatsoever, arising out of or in any way connected with the performance of Developer, its officers, employees, agents, or representatives under this Agreement, including costs of suit and reasonable attorneys' fees. 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 claim. In addition, Developer shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. 7. City Officers and Employees. 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. 8. Term of Agreement. This Agreement shall remain in full force and effect following the date it has been executed by both parties, until the City Council has formally accepted the Required Improvements and the City has approved and issued the reimbursements and/or credits required herein. With respect to Developer's and Guarantor's obligations under Paragraph 6, the obligation to provide indemnification for any Claims based upon any act or omission that occurred prior to the City Council's formal acceptance of the Required Improvement, those obligations shall survive until fully performed. 9. Insurance. Developer shall concurrently with the execution of this Agreement, furnish the City satisfactory evidence of insurance of the kinds and in the amounts specified below. This insurance shall be kept in full force and effect by Developer during the term of this Agreement and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall name the City as an additional insured. Developer shall furnish evidence of having in effect, and shall maintain Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract. 209 a. Commercial General Liability Policy The Contractor shall take out and maintain during the term of this Agreement, a Commercial General Liability Policy, on an occurrence basis, with a minimum limit of not less than One Million Dollars ($1,000,000) combined .single limit for bodily injury and property damage for any one occurrence and a Two Million Dollar ($2,000,000) annual project aggregate, for all of the following: i) Premises Operations, including Explosion, Collapse and Underground (X, C, and U) Coverage. ii) Completed Operations/Products, including X, C, and U Coverage. iii) Independent Contractors. iv) Blanket Contractual. v) Deductible shall not exceed One Thousand Dollars ($1,000). b. Commercial Business Auto Policy The Contractor shall take out and maintain during the term of this Agreement, a Commercial Business Auto Policy, on an occurrence basis, with a minimum amount of not less than One Million Dollars ($1,000,000) combined single limit for bodily injury and property damage, providing at least all of the following coverage: i) Coverage shall be applicable to any and all leased, owned, hired, or non - owned vehicles used in pursuit of any of the activities associated with this Contract. ii) Any and all mobile equipment, including cranes, which is not covered under said Commercial Business Auto Policy, shall have said coverage provided for under the Commercial General Liability Policy. iii) Deductible shall not exceed One Thousand Dollars ($1,000). 0 219 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, California 92253 Attn: City Engineer (760)777-7075 To Developer: Coral Canyon, LLC 74-785 Highway 111, Suite 105 Indian Wells, CA 92210 Attn: Pat Hall (760)771-1941 With Copy To: Wayne Guralnick, Esq. Guralnick & Gilliland, LLP 74-399 Highway 111, Suite M Palm Desert, CA 92201 (760) 340-1515 11. Assignment of Agreement. Neither party may assign its obligations hereunder to any assignee without the knowledge and with written consent of the other party hereto which other party shall not unreasonably withhold consent. Assignment may be made only to an assignee willing, financially capable, and competent to carry out the assignor's obligations. 12. General Provisions. 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. . 211 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. 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. G. 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. [SIGNATURES ON FOLLOWING PAGE] ;i 212 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY OF LA QUINTA: Tom Genovese, City Manager Date ATTEST: Veronica Montecino, City Clerk City of La Quinta Date CORAL CANYON, LLC Date Title: Approved as to Form: M. Katherine Jenson, City Attorney City of La Quinta Date 213 EXHIBIT A 00-jd to 3i ^ o �� 3 „ u W � E Q a F w (n ' X at e W z 0 e Sea W Z W L w LL 0 LoLJ & Z E ¢ Y z' oa W O $6 P n r V Z O Q � \ J[` C r[ O z Q m m U 0 0 w tO < I r � V) Z O i 8 Ya3 �• ly LL m 0 0 i H fe w Z wt ,-ham O eg Q ao avav aaav vvvaaaavavva 000vav wa V i Li Moo LZI U 4s n 14 EXHIBIT B /Gaga3/ M \. w j( ! _ ,, :(,)\ , ! °! `r !) i! !!!�,_,• ; ) !]Iffl ! !!!!;;|;tl;`: �!` i • 215 EXHIBIT C 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. G.PROJECTED REVENUE Table S-2 shows projected total revenue from impact fees, from now 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 current dollars. Table S-2 Parks ' ,ic Center and Park Ma TOTAL t Residentiil- Single Family Detached Z Dwelling Unit t Residential- Single Family Attached 4 Residential —Multi family and other s 1,000 Square Feet of Gross Building Arca b Proiect Revenue in current dollars July 5, 2006 Upatate Page 4 218 EXHIBIT D CITY OF LA QUINTA: DEVELOPMENT IMPACT FEE (DIF) COST DETAIL Project Type: Primary Arterial Project: Avenue 58 (Lake Cahuilla Access Road to Madison Street) uescnpuon _ This project proposes to reconstruct the existing Avenue 58 roadway between the Lake Cahuilla 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 UNIl'S QUANTITY UNIT COST DIF COST] 1 2 3 4 5 6 7 8 9 10 11 UNCLASSIFIED FILL UNCLASSIFIED EXCAVATION 8" CURB AND GUTTER 6" CUF;B AND GUTTER 4.5" AC OVER 7" AB 4" AC OVER 6" AB 8 FT SIDEWALK 4" THICK 4 48" RCP CULVERTS - 000 FT EA 78" IRRIGATION LINE 10 FT MULTI -PURPOSE TRAIL SIGIdIIJG AIAND SIRIPINC, SUB TOTAL CY CY LF LF SF SF SF LF LF LF LS 68000 27937 35528 1630 74II076 63543 257208 1600 206 3250 1 $5.00 $2.50 $18.75 $18.75 $3.30 $3.15 $3.50 $200.00 $350.00 S14.00 . 25,000.00 $340,000.00 $69,842.50 $666,150.00 $30,562.50 $2,46II,650 IIO $200,160 45 $900,228.00 $320,000 00 $70,000.00 $45,500.00 25,000.00 $5,513,609.43 = Soft Costs: Design: Inspection/TestinylSurvey: 513,609.43 $398,047.30 Cit Admin: $256,804.71 Estimated Continycncy $630,455.57 Total Estimate: $6,935,011.26 Develo erContribu600/Bonds: $1,365,26800 Development Impact Fee: 5,569,743.26 Total Fundinc: 6,935,011.Zu 1. 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I 99 49 Ez rvI I IIIT II II I II I II ° i 11 � �I '. IIII I •• I � gq $ 6e gge I } ll I ! 9 IIII II �/ I�I � i I 'g ., l � l II e m sxrw asaxas e.M—xo xoxxro �vxoa sas I I a W 00 91 Y.IS 3Nl'plJyYif 1 �j DEECE€€EEE�FCECCCE �n R _' 33 '34 FyS yM g L?J§8a'c_�sAA s=-i-=� F C � I y L I if b8tl3613f � �0680^G-^-Ei�G'L s] C � IL 0 G� ,III � �I II � I i0 TIII I II'�y�l _ i G II ��I jRgl i i I I .a �I IsgR pgR mill -lipl II I- a �5 ATTACHMENT 2 a ppm OD c� `i T I o �3 Z JEFFERSON D m m m m Cn N O Oo � WASH I ON JEFFERSON MADISON JACKSON 236 COUNCIL/RDA MEETING DATE: January 15, 2008 ITEM TITLE: Authorization for Overnight Travel for the Public Works Director/City Engineer to Attend the Three-day League of California Cities Public Works Officers Institute and Mini Expo in La Jolla, CA, March 5 - March 7, 2008 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for the Public Works Director/City Engineer to attend the three-day League of California Cities Public Works Officers Institute and Mini Expo in La Jolla, CA, March 5 - March 7, 2008. FISCAL IMPLICATIONS: Costs associated with attending the conference will be funded through Fiscal Services Training & Meetings, Account No. 101-7001-431 .51 .01 . This conference was budgeted in the 2007/2008 Fiscal Year budget at $1,400. The breakdown of expenditures anticipated for this conference is as follows: Registration $ 495 Hotel (2 nights x $177) $ 354 Meals $ 150 Travel (260 roundtrip miles x $0.505) $ 131 Total $1,130 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The three-day 2008 League of California Cities Public Works Officers Institute and Mini Expo focuses on a variety of issues affecting public works as well as local governments in general. Seminar information is included as Attachment 1. 237 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for the Public Works Director/City Engineer to attend the three-day 2008 League of California Cities Public Works Officers Institute and Mini Expo in La Jolla, CA, March 5 - March 7, 2008; or 2. Do not approve authorization for overnight travel for the Public Works Director/City Engineer to attend the three-day League of California Cities Public Works Officers Institute and Mini Expo in La Jolla, CA, March 5 - March 7, 2008; or 3. Provide staff with alternative direction. Respectfully submitted, f ALI� P, T othy R Jo a son, P.E. ublic Works � ector/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Conference Material 238 LEAGUE OF I --CITIES Leadership Through Learning ATTACHMENT 1 NOV 1 6 1007 (I0„ 's I®' OFFICERS INSTITUTE D MINI EXP Wednesday, March 5 - Friday, March 7, 2008 Hilton La Jolla, Torrey Pines Who Should Attend ➢ Public Works Directors and Assistant Directors ➢ City Engineers and Assistant City Engineers ➢ County Engineers and Assistant County Engineers ➢ Members of County Engineers Association of California (CEAC) This Institute will be held in conjunction with the annual meeting of the California Engineers Association of California and offers a great opportunity to network with county department staff and members. ACT NOW! Housing and Registration Deadline: Friday, February 8, 2008! *Online at www.cacities.orp/events 239 Wednesday, Yarch 5, 2008 Registration and C'ityBooks 8: 30 a.m. - 5: 00 p. m. 01tening General Session 10:15 -11:45 a.m. The Leadership Formula — It's a Process Not an Event Discuss the critical elements of the Leadership Formula: People not Procedures, Action not Talk, Want To not Made To, Desired not Required, Showing not Shouting, Flexible not Fixed, Listening not Telling, Caring not Bottom Line. Delve even deeper by addressing courage, confidence, compassion, communication... to commitment, change, cooperation, challenge, and control. Robert Stevenson is internationally and has shared the podium with renowned speakers including former President George Bush, Anthony Robbins, Tom Peters, and Steven Covey. Don't miss this content filled, yet fun, opening event. Nctnsorking Luncheon • President's Welcome and Legislative Briefing Concurrent Sessions 12: 00 - 1: 30 p. m. 2:00 - 3.15 p.m. Legal Update Legal news and views from 2007: An update of new statutes, cases, and legal issues from the past year affecting public works. Speaker Darold Pieper, City Attorney, City of Vista Recycled Rubber Mects the Road Pavement preservation is a strategy involving careful selection and treatment to extend the life of flexible pavement. This case study will reveal a successful program being practiced in Santa Barbara County and the resources available for a pavement preservation program. ,itodermor George Johnson, Restoration Manager, City of Santa Barbara , ueaAerv. Gary Hicks, California Pavement Preservation Center, California State University, Chico Scott McGolpin, Director of Public Works, Santa Barbara County t°lcths and Realities: Traffic Signal Coordination If public works could coordinate traffic signals, would travel times and congestion be decreased significantly? The truths may lie in the exploration of the following: • What traffic signal coordination means and how it works • Costs and staffing requirements to implement and maintain a coordination system • Time savings on the coordinated route and the impacts on the side streets t4oderawr Ken Montgomery, P.E., Director of Public Works/City Engineer, City of Laguna Niguel Sp,,a4ter Shirley Land, Transportation Manager, City of Mission Viejo Rock Miller, P.L'., Vice President, KOA Planning and Engineering, Tustin Bill Zimmerman, P.E. President, W.G. Zimmerman Engineering, Inc., Seal Beach Solar Energy: Maximize the Benefit, Minirnize the Cost Solar power is readily available and maintainable, albeit expensive. Thee energy leaders will discuss the best solar technologies, financing opportunities and lessons learned from their experience in building and operating solar energy systems. ,tludermop Tony Nisich, Director of Public Works (Retired), City of Santa Barbara Jim Dewey, Facilities/Energy Manager, City of Santa Barbara John Supp, Program Manager, California Solar Initiative, San Diego Susan Motives, Energy and Green Building Programs Administrator, City of Santa Monica PLEASE NOTE: Session times, titles, and topics are subject to change 240 Wednesday, Warch 5, 2008 Concurrent Sessions Lcgal Update (Repeat of Larlier Session) .S'peakcr. Darold Pieper, City Attorney, City of Vista 3: 45 - 5: 00 p. m. Integrating Traffic Calming and Pedestrian Safety The City of Chula Vista wove related programs together to maximize their benefits. Successes were reached by: • Integrating neighborhood traffic calming, major intersection safety, pedestrianibicycle safety • Implementing a strong partnership with law enforcement • Establishing a neighborhood based "Traffic Calming Committee" Moderrror Leah Browder, Deputy Director of Engineering, City of Chula Vista .S'pe,ilarxc Tom Adler, Senior Civil Engineer, City of Chula Vista Don Hunter, Police Captain, City of Chula Vista Jim Newton, Senior Civil Engineer, City of Chula Vista Cost Control: Managing Energy and Green Parser Through a combination of conservation methods and self generation, public works agencies can lower their electrical costs and provide predictable electrical costs for the future. Since public works facilities are large users of electrical power, they must focus on reducing their carbon footprint through greenhouse gas reduction. db,dermor Tony Antich, City Engineer, City of Santa Monica Spe(Aery Vickie Musgrove, Public Works Division Manager, City of Ventura Mark Watkins, Director of Public Works, City of Thousand Oaks L.ovv Impact Desclopment Low Impact Development (LID) could save money and reduce regulatory headaches through pervious concrete technology advancements. Join this discussion of infiltration systems/configurations used in the City of Downey to address water quality, conveyance deficiencies and groundwater recharge. -1loderutoi Mike Crump, Director of Public Works, Butte County Spcuker Gerald (Gerry) Greene, Senior Civil Engineer/Water Resources Control Specialist, City of Downey Reception/Mini-Expo 5:15 - 7:15 p.m. You've had a full day, now it's time to have some fun! Join your colleagues and enjoy a light reception while visiting with exhibitors who represent the following services: Water Quality, Budgets, Transportation, Performance Measurements and Investment Programs, Recruitment, Retention, Retirement, and Succession Planning, Asset Management, Customer Management Software Dinner on Own See hotel Concierge for restaurants and reservations PLEASE NOTE: Session times, titles, and topics are subject to change 4 241 q&rsday, Warch 6, 2008 Registration Citp Books C)Iten Networking Breakfast Ceucral Session Statewide Transportation issues — California Department of Transportation 7: 30 a. m. - 12: 00 p. m. 8:30a.m.-3:30p.m. Financing Street and Road Improvements This new program through California Communities can benefit your city! Financing street and road improvements is now easier through advancing future gas tax payments so the work can be done now, before further deterioration occurs. Speaks, Dan Harrison, Director of Administrative Services, Sacramento Concurrent Sessions 7: 45 - 8: 45 a. m. 9: 00 - 10:15 a.m. 10:45 a.m. - 12: 00 p. m. When to Gse Your Staff, FVhen to Contract Out Has contracting out public works engineering or maintenance services been successful? A thoroughly written contract can help in providing these services more cost-effectively. Review and discuss an outline of the criteria of a contract's essential elements for services and associated scope of work will be presented. ,1lode; ator' Larry Patterson, P.E., Director of Public Works, City of San Mateo Spea kt re Scott Carroll, Director of Community Services, City of Claremont Cheryl Creson, Director of Public Works, City of Elk Grove Iluhlic/Pri%ate Financing of Public Infrastructure State grants, loans, developer contributions, redevelopment funds, general funds, enterprise system funds and bonds can all be used in funding public infrastructure projects. Examine a case study of the various ways that bonds can be used by local agencies to finance public infrastructure. Review the pros and cons. ifoderatnr: Gene Cortright, Director of Public Works, City of Fairfield .Spoakers Wm. Thomas Lockard, Managing Director, Stone & Youngberg, LLC, San Francisco Chris Lynch, Partner, Jones Hall, San Francisco Begin With the End in'Vtind: Performance Measures Obtain an introduction to performance measurement and how to use it properly when implementing an agency's strategic plan. Performance measures can be used to develop and justify: • Operating and capitol budgets • Balanced Scorecards • Different types of performance measures lfode,ator Maurice Shin, Public Works Director, Contra Costa County .Spcakai:< Stephen Kowalewski, Assistant Public Works Director, Contra Costa County Marvin Rose, Public Works Director, City of Sunnyvale PLEASE NOTE, Session times, titles, and topics are subject to change M ghursday, Warch 6, 2008 Finding anti Growing Your Engineering Staff" Just when the need for civil engineers is soaring, public works departments are faced with a disastrous shortage. Explore what is being done to avert the crisis. ,ldoderator Uche Udemezue, Director of Engineering and Transportation, City of San Leandro Speafwrs Robert Guletz, Harris & Associates, Concord Kyle Lei, Assistant Engineer, City of San Leandro na„iet wnldenhecet Ph D_ Director of Public Works. Alameda County General Luncheon 12:15 - 2:00 p.m. Presentation of James L. Martin Award Laughter and Entertainment - Let's Get Serious About This Spea.' tr Ralph Qualls, Jr., Director of Public Works, City of Cupertino and Friends (Does he have any9) Concurrent Sessions 2: 30 - 4: 00 p.m. Computer Simulations and :advanced Power Point Tools Public works directors are constantly pursuing approval of capital projects from city councils and boards. The use of computer simulations, animations and advanced PowerPoint techniques are fast becoming the desired forms of proposals that work. These tools can work for you. tfodcrulor James Biery, P.E , Director of Public Works, City of Buena Park .Speakers. Brad Fowler, P.E., Director of Public Works and Engineering Services, City of Dana Point Steve Wallace, Director of Public Works and Community Development, City of Pleasant Hill Win -Win Negotiations A Win -Win negotiation is the desired outcome. Win -Win negotiations can be accomplished by: • Exploring the principles, steps and techniques involved • Discovering why public agencies are unsuccessful when negotiating • Being prepared • Recognizing when Win -Lose negotiations may be necessary tt.•derutor Peter Rei, Director of Public Works, Tuolumne County, Executive Director of Transportation Council, City of Sonora Speake, . Bill Von Klug, Executive Director, Institute for Higher Learning, Sierra Madre Want l'o Be a Public Works Director? Are you a department staff member or a current public works director looking to take the next step? Both new and seasoned staff can benefit by finding the tools to open doors to new opportunities and avoiding common roadblocks to advancement. ,Gloderatur: Dale Pfeiffer, Public Works Director, City of Vacaville Rpeuler, Martin Pastucha, Public Works Director, City of Pasadena Dinner on Own PLEASE NOTE- Session times, titles, and topics are subject to change 20 Eriday, Warch 7, 2008 Nctivorkutti Breakfast 8:00-9:15am. (:losing General Session 9:30 - 11:00 a.m. Discuss the important issues surrounding the areas of employee recognition, rewards, motivation, morale, retention, productivity, and management. Join the President of Nelson Motivation Inc. and author of the best-selling 1001 Ways to Reward Employees for the 2008 Closing Keynote address. Bob has been featured on CNN, CNBC, PBS, and MSNBC; with radio appearances on NPR, USA Radio Network and the Business News Network; and, print appearances in The New York Times, The Wall Street Journal, The Washington Post. Return to work ready to praise and empower your staff. .Adjourn PLEASE NOTE: Session times, titles, and topics are subject to change 11:00 a.m. 244 e• r The full registration fee includes program materials and reception/rnini expo on Wednesday, lunch on Wednesday and Thursday breakfast on Thursday and Friday. Registrations completed online at www.cacities.ore/events before Friday, February 8, 2008, will also receive a $20 discount coupon to be used at the CityBooks bookstore. CityBooks can help increase your leadership skills and professional knowledge in vital areas. Don't miss this great way to expand and share your learning with colleagues at city hall! One day registration is not available City Public Works Directors/Asst. Directors, City Engineering Staff $ 495.00 Retired City Public Works Directors $ 295.00 All Others $ 595.00 NOTE: All cancellations must be submitted in writing and are subject to a $50 processing fee. No refunds will be given for cancellation requests received after Wednesday, February 20, 2008. Substitutions can be made on site. The guest badge is required to allow attendance at all sessions and meal functions. Guest/Spouse $120.00 Note: It is inadvisable to use city funds to pay for spouse registration. See 75 Ops. Cal. Atty. Gen. 20 (1992). Consult with your city attorney for more information. Direc' tiors The Hilton La Jolla Torrey Pines is north of San Diego. From Interstate 5 exit Genesee Avenue and head west. Stay on Genesee and it will curve right and become North Torrey Pines Road. Make a left on Science Park Road (Hilton Hotel Driveway). We invite you to visit www.cacities.ory/travel for the new Enhanced Local Government Airfare Program. STEP 1: Register for the Conference All attendees must register for the conference directly with the League of California Cities, online at www.cacities.or2/events prior to reserving the hotel room. Once your event registration is complete, you will be led to the housing registration page. If you need to send a check or money order, please print a registration form from our website at www.cacities.ore/events. STEP 2: Secure Your Hotel OPTION A (credit card): The online conference registration link, will take you directly to the online housing reservation. For immediate hotel reservations and confirmation, please book your required rooming needs online after registering for the conference. OPTION B (check or money order): After the League of Califomia Cities receives and processes your registration for the conference, you will be sent an e-mail with an online link (URL) for hotel reservations. If you elect to mail the housing form with hotel deposit, please fill out the hotel reservations form completely and mail it with your check or money order to the Hilton La Jolla Torrey Pines. STEP 3: Hotel Changes or Hotel Cancellations Hotel reservation changes, date modifications, early check- outs, or cancellations must be communicated directly with the Hilton La Jolla Torrey Pines at (858) 558-1500, by each individual within 48 hours of arrival date or you may incur a financial penalty or minimum one night room charge. PLEASE NOTE: Session times, tides, and topics are subject to change 245 04 Fo 4aw 9 OF COUNCIL/RDA MEETING DATE: January 15, 2008 ITEM TITLE: Approval of a Reimbursement Agreement with Toll Brothers, Inc., for Street and Median Improvements on Avenue 50 and for Street Improvements on Avenue 52 Associated with Tract Map No. 30357 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 Toll Brothers, Inc., for Street and Median Improvements on Avenue 50 and for Street Improvements on Avenue 52 associated with Tract Map No. 30357. FISCAL IMPLICATIONS: The reimbursement agreement with Toll Brothers, Inc., is for Development Impact Fee (DIF) eligible improvements to Avenues 50 and 52 associated with the Mountain View Country Club Development, Tract No. 30357. As funds are collected in the future, an amount not to exceed $627,972 for Avenue 50 and $112,723 for Avenue 52 may be paid from the City's Transportation DIF funds, Account No. 250-000-290.00-00. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Toll Brothers, Inc., is the subdivider and developer of property in the City subject to the provisions of Tract No. 30357, which is currently known as Mountain View Country Club and lies east of Jefferson Street between Avenue 50 and Avenue 52. (Attachment 2). Conditions of Approval for Tract Map No. 30357 conditioned the developer to construct half width of the street and landscaped median improvements to the south 246 portion of Avenue 50 along the development's northerly boundary and street improvements to the north portion of Avenue 52 along the development's southerly boundary. Pursuant to Resolution No. 2006-068, the July 2006 DIF Study and the Detailed Cost Estimate (Attachment 3), portions of these 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: 11 Authorize the City Manager to execute a Reimbursement Agreement between the City of La Quinta and Toll Brothers, Inc., for street improvements to Avenue 50 and Avenue 52 associated with Tract Map No. 30357; or 2) Do not authorize the City Manager to execute a Reimbursement Agreement between the City of La Quinta and Toll Brothers, Inc., for street improvements to Avenue 50 and Avenue 52 associated with Tract Map No. 30357; or 3) Provide staff with alternative direction. Respectfully submitted, 4othy R. o a n, P.E. Public Works Director/City Engineer Approved for submission by: " Thomas P. Genovese, City Manager Attachments: 1. Reimbursement Agreement 2. Vicinity Map 3. July 2006 DIF Study, Detailed Cost Estimate 241 ATTACHMENT 1 City of La Quinta REIMBURSEMENT AGREEMENT AVENUE 50 & 52 IMPROVEMENTS Boundary of Tract Map No. 30357 THIS REIMBURSEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 2008, by and between TOLL BROTHERS, INC. ("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. 30357 (the "Project") located in the City of La Quinta subject to the conditions of approval found in City Council Resolution 2002-17 ("Conditions of Approval"). B. The Conditions of Approval obligate Developer to construct certain improvements on Avenue 50 and Avenue 52, generally described as follows, and more specifically described in the Conditions of Approval. #72.A 1. Avenue 50 (Primary Arterial; 100' R/W option): Widen the south side of the street along all frontage adjacent to the related tract boundary. Rehabilitate and/or reconstruct existing roadway pavement as necessary tro augment and convert it from a rural country -road design standard to La Quinta's urban arterial design standard. The Pavement rehabilitation/reconstruction, and landscape median improvements, are eligible for reimbursement from the City's Development Impact Fee fund in accordance with policies established for that program. #72, A.3. Avenue 52 (Primary Arterial; 110'R/W option: Widen the north side of the street along all frontage adjacent to the related tract boundary, and to 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, respectively. The Pavement rehabilitation/reconstruction, and landscape median improvements, are eligible for reimbursement from the City's Development Impact Fee fund in accordance with policies established for that program. 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' 249 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 50 (Washington Street to Madison Street) and for Avenue 52 (Jefferson Street to'/2 mile east of Madison). The cost details (Exhibit B) reflect a DIF totaling $1,684,194.50 for Avenue 50 (Washington Street to Madison Street) and $3,244,108.88 for Avenue 52 (Jefferson Street to'/2 mile east of Madison). The Required Improvements are estimated to be $627,972.00 for Avenue 50 and to be $112,723.00 for Avenue 52. The aforementioned amounts shall be referred to hereinafter as the "Budget Amounts". 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 has constructed the Required Improvements described in the Conditions of Approval as follows: a) #72.A 1. Avenue 50 (Primary Arterial; 100' R/W option): Widen the south side of the street along all frontage adjacent to the related tract boundary. Rehabilitate and/or reconstruct existing roadway pavement as necessary tro augment and convert it from a rural country -road design standard to La Quinta's urban arterial design standard. The Pavement rehabilitation/reconstruction, and landscape median improvements, are eligible for reimbursement from the City's Development Impact Fee fund in accordance with policies established for that program. b) #72, A.3. Avenue 52 (Primary Arterial; 110'R/W option:Widen the north side of the street along all frontage adjacent to the related tract boundary. Rehabilitate and/or reconstruct existing roadway pavement as necessary tro augment and convert it from a rural country -road design standard to La Quinta's urban arterial design standard. The Pavement rehabilitation/reconstruction, and landscape median improvements, are eligible for reimbursement from the City's Development Impact Fee fund in accordance with policies established for that program. 2. The cost of improvements expended by the Developer for improvements south of the centerline of Avenue 50 and north of the centerline of Avenue 52 along the tract boundary as specified in the DIF Study is eligible for reimbursement, herein referred to as (the "Required Reimbursement Agreement- Avenue50 AND 52 DlFagreemt Toll Bros DOC Page 2 of 9 249 Improvements") identified and documented in Exhibit A. The Developer has borne 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. 3. Responsibilities of City: 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) 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 ($627,972.00 for Avenue 50 and to be $112,723.00 for Avenue 52). 4. 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 parry 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. 5. 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. 6. 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 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 Reimbursement Agreement—Avenue59 AND 52 DlFagreemt Toll Bros DOC Page 3 of 9 250 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. 7. 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. 8. Term of Agreement. This Agreement shall remain in full force following the date it has been executed by both parties and until the listed Funding Source has paid the allowable Developer claims. 9. 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 7601777-7075 Attn: City Engineer To Developer: TOLL BROTHERS LAND DEVELOPMENT 14350 N. 87TH STREET, SUITE 310 SCOTTSDALE, AZ 85260 Attn: Terry R. Hodge Regional Vice President (480) 951-0782 10. 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. 11. General Provisions. Reimbursement Agreement— Avenue50 AND 52 DlFagreemt Toll Bms.DOC Page tl 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 maybe amended at anytime 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. 12. 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. 13. 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—Avenue50 AND 52 DlFagreemt Toll Bros DOG Page 5 of 9 252 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: TOLL BROTHERS, INC. 14350 N. 87TH STREET, SUITE 310 SCOTTSDALE, AZ 85260 By: Da/te®D, Title: C By: Date Title: SR r Reimbursement Agreement— Awnue50 AND 52 DlFagreemt Toll Bros DOC Approved as to Form: M. Katherine Jenson, City Attorney City of La Quinta Date Page 6 of 9 253 NOTARY ACKNOWLEDGEMENT State of Arizona ) ) ss County of Maricopa ) On January 7, 2008 before me, Madeline M. Bennett, Notary Public, personally appeared Kevin D. Duermit, Group President, Toll Brothers Inc., personally known to me to be the person whose name is subscribed to within this instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on this instrument the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Madeline M. Bennett, Notary Public September 11, 2009 My Commission Expires 254 I'\MADELINE\word\FORMS\Nomry Acknowledgement doe NOTARY ACKNOWLEDGEMENT State of Arizona ) ) ss County of Maricopa ) On January 7, 2008 before me, Madeline M. Bennett, Notary Public, personally appeared Alan Euvrard, Senior Vice President, Toll Brothers Inc., personally known to me to be the person whose name is subscribed to within this instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on this instrument the entity upon behalf of which the person acted, executed the instrument. OFFICIAL SEAL WIT[ TESS my hand and official seal. MADELINE M. BENNETT NOTARY PUBLIC • APoZONA MARIOOPACOLINTY (@MYC0mm1WwE*mWjj,= �Y)_- Madeline M. Bennett, Notary Public September 11, 2009 My Commission Expires 255 1 NADELINE\word\FORMS\Notary Acknowledgement.doc Exhibit A REQUIRED IMPROVEMENTS —TRACT No. 30367 REQUIRED IMPROVEMENTS AVENUE 50 AND AVENUE 52 STREET IMPROVEMENTS FRONTING TRACT NO. 30357 Item # Description Units Unit Cost Quantity Total Cost AVENUE 50 STREET IMPROVEMENTS FRONTING TRACT NO. 30357 1 Avenue 50 (South Side) L.S. $627,972.00 1 $627,972.00 - Required Off -Site Street (not to exceed) Improvements Eligible for Reimbursements From Development Impact Fee Fund Total Cost for Required Improvements, not to exceed:$627,972.00 2 Avenue 52 (North Side) L.S. $112,723.00 1 $112,723.00 - Required Off -Site Street (not to exceed) Improvements Eligible for Reimbursements From Development Impact Fee Fund Total Cost for Required Improvements, not to exceed:$112,723.00 Reimbursement Agreement—Avenue50 AND 52 DIFagreemt Toll Bros DOC Page 7 of 9 Iy 256 Exhibit B July 5, 2006 DIF Cost Detail Avenue 50 (Washington Street to Madison Street) AND Avenue 52(Jefferson Street to''/2 mile east of Madison) Reimbursement Agreement—AvenueK AND 52 DIFagreemt Toll Bros.DOC Page 8 of 9 257 CITY OF LA QUINTA: DEVELOPMENT IMPACT FEE (DIF) COST DETAIL Project Type: Primary Arterial Project: Avenue 50 (Washington Street to Madison Street) Description The proposed improvements include the installation of median island, median island landscape, irrigation and electrical, from Washington St. to Jefferson St.; and the installation of half a median island, median island landscape, irrigation and electrical and the adjustment of the centerline profile to implement urban drainage concept for future widening of the south side, from Jefferson St. to Madison St. ITEM DESCRIPTION QUANTITY UNIT COST ELIGIBLE DIF COST 1 MOBILIZATION prys 1 $113,392.77 $113,392.77 2 TRAFFIC CONTROL 1 $103,0 44.34 103,084.34 3 DUST CONTROL 1 $44,390.39 $44,390.3 4 UNCLASSIFIED FILL 1200 $14.00 $16,800.00 5 UNCLASSIFIED EXCAVATION 1200 $14.00 $16,800.00 6 6" MEDIAN CURB LF 11280 $10.00 $112,800.00 7 4.5" AC OVER 6" AB SF 147820 $2.65 $391,723.00 8 ADJUST VALVES/MANHOLES EA 35 $750.00 $26,250.00 9 SIGNING AND STRIPING LS 1 16,0 00.00 $16,000.00 10 LANDSCAPE SF 67680 $3.50 $236,880,0 11 IRRIGATION SF 67680 $2.50 $169200. SUB TOTAL $1,247,320.50 Jul-06 Estimated Soft Costs: esi n: 73 .0 ns io esbn . Surve 7. UltyAdmm: .366.02 Contin en . 53,108.59 Total stimate] $1,fjtK,1V4.5 Devetmpact Fee: 1,5800 DevetopmentTotalFundi $1 684 Notes: 1. The proposed median improvements are not included between the La Quinta Evacuation Channel and Park St. 2. The project also includes the construction of a new outside lane adjacent to Polo Estates. July 5, 2006 Update Appendix I (7 of20) 25g CITY OF LA QUINTA: DEVELOPMENT IMPACT FEE (DIF) COST DETAIL Project Type: PrimaryArterial Project: Avenue 52 (Jefferson Street to 112 mile east of Madison) Descrintion The proposed improvements include the installation of median island, median island landscape, irrigation and electrical, and the adjustment of the centedine profile to implement urban drainage concept for the future widening of the north and south sides, from Jefferson St. to Madison; and the installation of half a median island, median island landscape, irrigation and electrical and the adjustment of the centerline profile to implement urban drainage concept for future widening of the south side, from Madison St. to 1/2 mile east o Madison. ITEM DESCRIPTION UNITS QUANTITY UNIT COST ELIGIBLE DIF COST 1 MOBILIZATION LS 1 $208,921.63 $208,921.631 2 TRAFFIC CONTROL LS 1 $189,928.75 $189,928.75 3 DUST CONTROL LS 1 $81,787.50 $81,787.501 4 UNCLASSIFIED FILL CY 4500 $14.00 $63,000.0 5 UNCLASSIFIED EXCAVATION CY 4500 $14.00 $63,000.00 6 6" CURB LF 13200 $10.00 $132,000.00 7 4.5" AC OVER 6" AB SF 198000 $2.65 $524,700.00 8 SIGNING AND STRIPING LS 1 $25,000.00 $25,000.0 9 LANDSCAPE SF 118800 $3.50 $415,800.00 10 IRRIGATION SF 118800 $2.56 $297,000.00 11 ELECTRICAL SF 118800 $2.50 $297,000.00 SUB TOTAL 2,298.13 Jul-06 Estimated Soft Costs: Des i n: 8 3. Ins a io es8n urve : 78, 0 .6 C' A thin: 4,9 6. 9 Conlin enc . 423, Total stt natell $3,2 Note: The project also includes the construction of a new outside lane adjacent to Polo Estates. July 5, 2006 Update Appendix] (B of20) 259 Exhibit C July 5, 2006 DIF Fee by Development Category Reimbursement Agreement-Avenue50 AND 52 DlFagreemt Toll Bms.DOC Page 9 of 9 26lI 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. fiva-tl, i2zJo-<#t ),ery,� s2' 266 .tt }�y,`±1' +'qe'+ KRIM 4'"✓P3 VY.` a , w.T%uffi,<�TStS"v��T._"•d+'.ti+ WWP lCi3Y, .u"o W, v }St, �� •.�"' ,fie t- x '{;V. �Y IyJ � 'FX li { '`:� t t yLah `.. t c l y"'�L"y L ls � l rv�r Tr't 5 :ir t- nKyh Xtd`4 `tom G. PROJECTED REVENUE Table S-2 shows projected total revenue from impact fees, from now 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 current dollars. Table S-2 Proiected Impact Fee Revenue Transportation $44 509 035 Parks ` $12,058,823 Civic Center $12 971 484 Fire Station $1,817,542 Libraries $4 790 615 Community Centers $1005791 Street and Park Maintenance $1,492,195 TOTAL $78,645,484 t Residential- Single Family Detached Z Dwelling Unit s Residential- Single Family Attached d Residential —Mulfi family and other 5 1,000 Square Feet of Gross Building Area 6 Project Revenue in cunent dollars July 5, 2006 Update Page 4 261 ATTACHMENT 2 i HW1'. i 11 N pC 40 AYE" t 61 1 PROJECT span, a►+E SITE N o " 521h ` AVENUE La W Wh AVDIUE VIGI+TY MAP 262 ATTACHMENT 3 CITY OF LA QUINTA: DEVELOPMENT IMPACT FEE (DIF) COST DETAIL Project Type: Primary Arterial Project: Avenue 50 (Washington Street to Madison Street) Description The proposed improvements include the installation of median island, median island landscape, irrigation and electrical, from Washington St. to Jefferson St.; and the installation of half a median island, median island landscape, irrigation and electrical and the adjustment of the centerline profile to implement urban drainage concept for future widening of the south side, from Jefferson St. to Madison St. ITEM DESCRIPTION UNITS QUANTITY UNIT COST ELIGIBLE DIF COST 1 MOBILIZATION LS 1 $113,392.77 $113,392.77 2 TRAFFIC CONTROL LS 1 $103,084.34 $103,084.34 3 DUST CONTROL LS 1 $44,390.39 $44,390.39 4 UNCLASSIFIED FILL CY 1200 $14.00 $16,800.00 5 UNCLASSIFIED EXCAVATION CY 1200 $14.00 $16,800.00 6 6" MEDIAN CURB LF 11280 $10.00 $112,800.00 7 4.5" AC OVER 6" AB SF 147820 $2.65 $391,7230 8 ADJUST VALVES/MANHOLES EA 35 $750.00 $26,250.00 9 SIGNING AND STRIPING LS 1 $16,000.05 $16,000. 10 LANDSCAPE SF 67680 $3.50 $236,880,0 11 IRRIGATION SF 67680 $2.50 $169 200.0 SUB TOTAL $1,247,320.5 Jul-06 Estimated Soft Costs: Design'. $124,732.05 Ins ion estin (Sunre . 96,6A7 i Admin: 62,366.02 Contin en : 53, 59 o stimate: ,6 , .5 Develo erBonds: 97,100.00 �Deveopmen mpactFee: 1, 8 , .50 Total undinq:ri$1,684,194.50 Notes: 1. The proposed median improvements are not included between the La Quinta Evacuation Channel and Park St. 2. The project also includes the construction of a new outside lane adjacent to Polo Estates. July S, 2006 Update Appendix 1 (7 of 20) 263 CITY OF LA QUINTA: DEVELOPMENT IMPACT FEE (DIF) COST DETAIL Project Type: PrimaryArterial Project: Avenue 52 (Jefferson Street to 112 mile east of Madison) Description The proposed improvements include the installation of median island, median island landscape, irrigation and electrical, and the adjustment of the centerline profile to implement urban drainage concept for the future widening of the north and south sides, from Jefferson St. to Madison; and the installation of half a median island, median island landscape, irrigation and electrical and the adjustment of the centerline profile to implement urban drainage. concept for future widening of the south side, from Madison St. to 112 mile east o Madison. ITEM DESCRIPTION UNITS QUANTITY UNIT COST ELIGIBLE DIF COST 1 MOBILIZATION LS 1 $208,921.63 $208,921.63 2 TRAFFIC CONTROL LS 1 $189 928.75 $189,928.75 3 DUST CONTROL LS 1 81,787.50 $81,787.5 4 UNCLASSIFIED FILL CY 4500 $14.00 $63,000.00 5 UNCLASSIFIED EXCAVATION CY 4500 $14.00 $63,000.00 6 6" CURB LF 13200 $10.00 $132,000.00 7 4.5" AC OVER 6" AB SF 198000 $2.65 $524,700.06 8 SIGNING AND STRIPING LS 1 $25 000.00 $25,000. 9 LANDSCAPE SF 118800 $3.50 $415 800 00 10 IRRIGATION SF 118800 $2.50 $297,000.00 11 ELECTRICAL SF 118800 $2.50 $297,000.00 SUB TOTAL 11$2,298,137.88 Jul-06 Estimated Soft Costs: Desi n:1 Ins ectro estin urve .1 $229,81179 '$178'1U5.69I I CityAdtnIn:H4,9 6.89 Contingency,.H $423,144.641 Total Estimate• 3,244, 08.88 Note: The project also includes the construction of a new outside lane adjacent to Polo Estates. July 5, 2006 Update Appendix 1 (B of 20) 264 C&'Y� 44Q COUNCIL/RDA MEETING DATE: January 15, 2008 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site and Off -Site Improvements for Tract Map No. 31910, Capistrano, La Quinta 57 Estates, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the on -site and off -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to December 6, 2008 for Tract Map No. 31910, Capistrano, La Quinta 57 Estates, Inc. FISCAL IMPLICATIONS: 1► rom CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Capistrano (Tract Map No. 31910) is located west of Monroe Street, north of Avenue 58, and south of Airport Boulevard (Attachment 1). On December 6, 2006, the City Council adopted a resolution granting conditional approval of the Final Map and SIA for Capistrano. Section 6 of the SIA requires: 'that the subdivision improvements shall be completed within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this 265 SIA, 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. " In a letter dated November 29, 2007 (Attachment 2), the developer stated that the remaining on -site improvements include the asphalt concrete paving and dry utilities for the upper half of the tract and grading for thirteen lots along the north property line. The remaining off -site improvements include the landscaping, which is about 50% completed. The developer is requesting a time extension of one-year to complete the remainder of the on -site and off -site improvements. Staff has prepared the attached resolution which provides for approval of the time extension of the SIA for the on -site and off -site improvements. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Adopt a Resolution of the City Council to extend the time for completion of the on -site and off -site improvements as specified in the approved Subdivision Improvement Agreement to December 6, 2008 for Tract Map No. 31910, Capistrano; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the on -site and off -site improvements as specified in the approved Subdivision Improvement Agreement to December 6, 2008 for Tract Map No. 31910, Capistrano; or 3. Provide staff with alternative direction. Respectfully submitted, T' othy R. J nas P.E. Public Works Dire riCity Engineer 266 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from La Quinta 57 Estates, Inc., dated 11 /29/2007 267 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ON -SITE AND OFF -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO DECEMBER 6, 2008 FOR TRACT MAP NO. 31910, CAPISTRANO. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31910, Capistrano, on December 6, 2006; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by December 6, 2007, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of improvements as required by the approved SIA is extended for a period of one year. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on December 6, 2008. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. 263 Resolution No. 2008- Tract Map No. 31910, Capistrano Adopted: January 15, 2008 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15`h day of January 2008, 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 Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 269 ATTACHMENT 1 N TM 31910 CAPISTRANO Z Y COUNTY OF MVMSI®E AVE. 55 PROJECT SITE VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: January 15, 2008 ITEM TITLE: Adoption of a Resolution to Extend the Time of Completion of On -site & Off -site Improvements for Tract Map No. 31910, Capistrano, La Quinta 57 Estates, Inc. APPLICANT: Mr. John Pedalino, La Quinta 57 Estates, Inc. 270 Novcmhcr29, 2007 v 1. 'I'inxHhv R..lonasson, P.G. Director of Public Works, City I?mgincer City of La Quintt 75-495 Callc Tampico La Quinta, CA 92253 Vl r..l on asson. ATTACHMENT 2 a �� o nco 9 0 200/ 'Thank you for the couitcsy reminder letter dated November 20, 2007 regarding the Onsite and Offsitc Improvcmcnts for IYact 31910. Please note that the Ibllowing improvements have not been completed, ON'SI I Ii Sticet AC Paving for the Lippe hull of the tract Dr%Utilities Upper halfofthetact Rough Grading 13 Lots along the north property line. We will he filling with the dirt lium the rough polls and the oecavation liom swimming pool construction. (A FY1'1: Landscaping 50'% Based on existing real estate market conditions we pro .lecl that Nve %x ill complete the remaining onsitc and oflsitc improvements within one (1) year, therclorc, we rcqucst an cxtcnsion until December G, 2005. 'Thant: you din considering this rcqucst for an cxtcnsion of time to complete the onsitc and olfsitc Ime provments to] Tract 11910, s I n Cerc IV, John R. Pedalmo ['IusidenL La Quinla 57 Lstatcs, Inc Q'i"I", 9_253, (760) 777-9920.,,- (760) 777-99 /8 271 Tww^FlwR" COUNCIL/RDA MEETING DATE: January 15, 2008 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site and Off -Site Improvements for Tract Map No. 30138, Diamante, La Quinta Developers, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: / _ CONSENT CALENDAR: /� STUDY SESSION: _ PUBLIC HEARING: Adopt a resolution to extend the time for completion of the on -site and off -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to October 7, 2008 for Tract Map No. 30138, Diamante, La Quinta Developers, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Diamante (Tract Map No. 30138) is located north of Avenue 52 and south of the All American Canal (Attachment 1). On October 7, 2006, the City Council adopted a resolution granting conditional approval of the Final Map and SIA for Diamante. Section 6 of the SIA requires: "that the subdivision improvements shall be completed within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion 272 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 hnprovements." In a letter dated November 26, 2007 (Attachment 2), the developer stated that the completed improvements include the backbone sewer and water improvements to the first fire hydrant. The remaining on -site and off -site improvements include installing street improvements, dry utilities, landscaping, and setting monumentation. The developer requests a time extension to October 7, 2008 to complete the remainder of the on -site and off -site improvements. Staff has prepared the attached resolution which provides for approval of the time extension of the SIA for the on -site and off - site improvements. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council to extend the time for completion of the on -site and off -site improvements as specified in the approved Subdivision Improvement Agreement to October 7, 2008 for Tract Map No. 30138, Diamante; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the on -site and off -site improvements as specified in the approved Subdivision Improvement Agreement to October 7, 2008 for Tract Map No. 30138, Diamante; or 3. Provide staff with alternative direction. Respectfully submitted, T othy R. J na ublic Works Dir ar/City Engineer 273 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from La Quinta Developers, LLC, dated 11 /26/2007 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ON -SITE AND OFF -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO OCTOBER 7, 2008 FOR TRACT MAP NO. 30138, DIAMANTE. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 30138, Diamante, on October 7, 2006; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by October 7, 2007, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement,; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1 , The time for the completion of improvements as required by the approved SIA is extended for a period of one year. Section 2, The time extension for completing the improvements shall expire when City offices close for regular business on October 7, 2008. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. A 275 Resolution No. 2008- Tract Map No. 30138, Diamante Adopted: January '15, 2008 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15`" day of January 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quints, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 276 ATTACHMENT 1 En 0 Ix U. TM 30138 DIAMANTE 50TH AVEN U E X 16 0 �a SITE 52ND AVENUE VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: January 15, 2008 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On - Site and Off -Site Improvements for Tract Map No. 30138, Diamante APPLICANT: Mr. Lane Lowry — La Quinta Developers, LLC 277 ATTACHMENT 2 La Quinta Developers, LLC November 26, 2007 Mr. Timothy R. Jonasson, PE Public Works Director/City Engineer City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Re: Your letter dated September 11, 2007 and your email dated November 20, 2007 regarding Tract Map 30138, Diamante Subdivision Improvement Agreement (SIA) On -site & Off -Site Improvements. Dear Mr. Jonasson: This letter will serve as our request to the City of La Quinta for an extension of our Subdivision Improvement Agreement (SIA) until October 7, 2008. We have completed the backbone sewer and water improvements to the fast fire hydrant, however, due to a slow down in the housing market we haven't completed the remainder of the On -site and Off -site Improvements. We anticipate completing the improvements on or before October 7, 2008. Thank you for your cooperation in this matter. If you have any questions, please call Mr. Jeff Fidler at (760) 404-1900, ext. 203. Thank you, La Quinta Developers LLC, a Delaware limited liability company, By: L&L Leasing LLC, a Nevada limited company By Lane Lowry its manager �L. Lane Lowry its Manager 4 1 -800 WASHINGTON 8T. *B 105.220 ♦ BERMUDA DUNES ♦ CA ♦ 92203 270 760.404.1900 4 FAx 760.343.7297 COUNCIL/RDA MEETING DATE: January 15, 2008 ITEM TITLE: Authorization for Overnight Travel for the City Clerk to Attend the Southern California City Clerks Association General Meeting to be held in Pismo Beach, CA, January 24, & 25, 2008 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: ( J STUDY SESSION: PUBLIC HEARING: Approve authorization of overnight travel for the City Clerk to attend the Southern California City Clerks Association General Meeting to be held in Pismo Beach, CA, January 24, & 25, 2008. FISCAL IMPLICATIONS: Funding is available in the Travel and Training Account No. 101-2001-411.51-01 for the City Clerk to attend this meeting. The following is an itemized list of expenses: Registration $ 35 Hotel 84 Travel 242 Total $ 361 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Southern California City Clerks Association (SCCCA) holds its General Meeting on a quarterly basis and is hosted by alternating member cities of Southern California. The January 2008 quarterly meeting is scheduled for January 25, 2008 and is being 4 279 hosted by the City of Pismo Beach, CA. An agenda of the general meeting is provided as Attachment 1. Due to the location of this meeting, the City of Pismo Beach has negotiated a group rate at the host hotel of the meeting to enable members to arrive the evening before the date of the general meeting. The City Clerk serves as the Treasurer for the SCCCA Board and is required to attend all general meetings, not only as the financial officer, but also as a member of the Board. One half of a point toward the Master Municipal Clerk designation will also be earned for attending the meeting. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for the City Clerk to attend the Southern California City Clerks Association General Meeting to be held in Pismo Beach, CA, January 24, & 25, 2008; or 2. Do not approve authorization for overnight travel for the City Clerk; or 3. Provide staff with alternative direction. Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. SCCCA General Meeting Agenda 280 ATTACHMENT 1 SCCCA GENERAL MEETING FRIDAY, JANUARY 25, 2008 HOST CITY: CITY OF PISMO BEACH WHEN: Friday, January 25, 2008 WHERE: Mission Inn of Pismo Beach 601 James Way, Pismo Beach, California 93449 BOARD MEETING: 8:00 a.m. — 8:45 a.m. REGISTRATION: 8:30 a.m. — Registration & Continental Breakfast PROGRAM: 9:00 a.m. —12:00 p.m. City Clerk/Auditor Rod Diridon Jr., CMC, City of Santa Clara • Clerks Matter! -- A Real World Look at Ethics and the City Clerk: What to do when the actions of others affect you, and; The practical application of ethics programs in your community City Clerk Shirley Concolino, CMC, City of Sacramento • Performance Plan for City Clerks How to get the best out of employees --- How to Make certain that employees understand expectations and how they will be "graded" BUSINESS MEETING: 12:00 p.m. —12:30 p.m. Business Meeting Business meeting carried over to lunch as needed. LUNCHEON: Plated lunches with choice of Panko Salmon, served with a citrus Burre Blanc Sauce OR Caesar Salad with or without chicken, freshly baked bread, and Chocolate Mousse for dessert PLEASE DETACH AND MAIL THE FOLLOWING RESERVATION FORM Make Checks Payable to SCCCA REGISTRATION FEE PER PERSON: $35.00 (includes Breakfast & Lunch) (Member's Name and Title) Amount Enclosed is $___ ❑ Pay at Door OR ❑ Guest's Name City Mail To: Veronica Montecino, SCCCA Treasurer City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, California 92253 Reserve by Phone (760) 777-7002 FAX (760) 777-7107 Email vmontecino@la-quinta.org Phone reservations will be accepted through January 18, 2008 The last day to cancel and receive a refund is January 18, 2008 Failure to cancel obligates payment to SCCCA. 281 T4t!t 4 4 Qm&& CITY COUNCIL MEETING DATE: January 15, 2008 ITEM TITLE: Approval of a Five -Year Agreement Between the City of La Quinta and SunLine Transit Agency Concerning Advertising, Installation and Maintenance Related to Bus Shelters RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: _& STUDY SESSION: PUBLIC HEARING: Approve a five-year Agreement (Attachment 1) with SunLine Transit Agency (SunLine) concerning advertising, installation, and maintenance related to bus shelters. FISCAL IMPLICATIONS: Under the new agreement, the City will receive $25 per advertising shelter on a monthly basis. The City currently has 13 advertising shelters owned and maintained by SunLine, which will amount to $3,900 in annual revenue. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The SunLine Transit Agency is a governmental agency composed of the nine cities of the Coachella Valley and Riverside County that provides a safe, reliable, and non-polluting mode of public transportation. The City of La Quinta previously had an agreement with SunLine, which authorized SunLine's representatives to construct and erect bus shelters, with advertising thereon, in the boundary limits of the City provided several conditions were satisfied in advance. The conditions included that the shelter designs meet and comply with all applicable building codes, zoning ordinances and regulations and all other applicable City Resolutions, Ordinances and Codes; all City design criteria and approvals thereof are obtained; and adequate easements, encroachment permits, licenses and/or rights -of -way 282 have been obtained. SunLine compensated the City all advertising revenues derived from the Shelter Agreement. The revenue from the advertising on panels at the bus shelters enables SunLine to install additional shelters as a transit amenity at no cost to cities or the general public. In .July, 1998 the City approved an agreement with SunLine for the installation, maintenance and advertising at bus shelters. That agreement expired June 30, 2007. The proposed new agreement contains the following relatively minor changes: 1. The new agreement stipulates that the City of La Quinta will receive $25 per advertising shelter per month, to be paid quarterly. 2. SunLine shall endeavor to secure a prompt resolution of any problems or questions the City may have related to advertising placed on the bus shelters within its jurisdiction. This provision was not in the previous agreement. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council are: 1. Approve a five-year Agreement with SunLine Transit Agency concerning advertising, installation, and maintenance related to bus shelters; or 2. Do not approve a five-year Agreement with SunLine Transit Agency concerning advertising, installation, and maintenance related to bus shelters; or 3. Provide staff with alternate direction. Respectfully submitted, Bret M. Plumlee Assistant City Manager — Management Services 283 Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Agreement W ATTACHMENT 1 AGREEMENT BETWEEN CITY OF LA QUINTA AND SUNLINE TRANSIT AGENCY CONCERNING ADVERTISING INSTALLATION AND MAINTENANCE RELATED TO BUS SHELTERS This Agreement is made and entered into this day of 2007, by and between SunLine Transit Agency ("SunLine"), a Califomia joint powers authority and the City of La Quinta ("City"), a California municipal corporation. SunLine is a government entity composed of and represented by the County of Riverside and the cities of Desert Hot Springs, Palm Springs, Cathedral City, Rancho Mirage, Palm Desert, Indian Wells, La Quinta, Indio, and Coachella. The Board of Directors of SunLine is composed of one elected official from each of its member entities. SunLine is the public transit provider for the City which enables both its citizens and visitors to enjoy a safe, reliable, nonpolluting mode of public transportation. SunLine's installation and maintenance of bus shelters in the City provides great benefit to citizens and visitors alike by providing clean sheltered places for travelers to wait for public transportation services. The placement of shelters within the City also provides an amenity of great benefit to the elderly and to senior citizens within the City. SunLine owns certain advertising bus shelters within the City and wishes to provide for continued advertising in such shelters. Revenue from advertising enables SunLine to install new additional shelters as a transit amenity at no cost to the public. Advertising revenue also pays for maintenance of shelters and for additional transit services at no cost to the public. SunLine and City are now desirous of entering into an agreement with regard to the placement of present and future shelters and to provide for continued advertising in such shelters. NOW, THEREFORE, the parties hereto agree as follows: GENERAL TERMS 1.01 City hereby grants SunLine the exclusive right to place advertising associated with bus shelters placed by SunLine within the public right of way within the City's jurisdiction. In exercising the exclusive right granted it under this Agreement, SunLine shall ensure that the following standards and requirements are met: (a) Shelter designs meet and comply with all applicable SunLine design requirements and City building codes, zoning ordinances, vehicular code ordinances and regulations, and all other applicable City resolutions, ordinances, and codes; AdvertisingContractLQ.doc 1 285 (b) All City design criteria and approvals have been obtained; and, (c) Adequate easements, encroachment permits, licenses, and/or rights -of - way have been obtained. 1.02 The City shall waive all permit and/or license fees imposed by or on behalf of the City that may pertain to SunLine's installation and operation of the bus shelters within its jurisdiction. 1.03 In consideration for the grant of the exclusive rights referred to in paragraph 1.01 above, SunLine shall continue to clean and maintain all bus shelters as well as the area within a 25 foot radius of each shelter. In addition, SunLine will remove or cause the removal of all graffiti appearing on any shelter within the City in an expeditious manner. 1.04 In the event that the City has any problems or questions related to advertising placed on the bus shelters within its jurisdiction, it shall contact SunLine. In any such case, SunLine shall endeavor to secure a prompt resolution of any issue within its legal power to resolve. City acknowledges and recognizes that certain limits may arise in connection with SunLine's ability to regulate the content of advertising, particularly those limits arising under the First Amendment to the United States Constitution and the California Constitution. Within such limits, SunLine will endeavor to correct or address any problem that the City might have with advertising placed in bus shelters within its jurisdiction in an expeditious manner. Cd�7 uTl� F3i�1 � LEI � I 2.01 For each shelter that displays paid advertising, SunLine shall pay to City the sum of $25 per month from advertising revenue for use of the public right of way. Payments are due quarterly, with payments due within 45 days of the close of the preceding quarter. DURATION 3.01 The initial term of this Agreement shall be for a period of five (5) years, plus five (5) year option, and shall be automatically extended upon any extension of any agreement for advertising between SunLine and a third party without further action on the part of the City. IV INSURANCE 4.01 SunLine shall ensure the full repair or replacement of all shelters in the City as well as required appurtenances thereto during the entire term of this Agreement and any extensions thereof. AdvertisingContractLQ.doc 2 288 V SPECIAL PROVISIONS 5.01 It is SunLine's intent to illuminate all shelters during hours of darkness whenever possible and SunLine agrees to utilize its best efforts to accomplish illumination. However, the City acknowledges that illumination is not always feasible and agrees that SunLine is excused from providing illumination in such cases. If shelters are equipped with pay telephones, such phones shall be capable of access to emergency lines (911) without first depositing a coin or coins. If in the City's opinion, any particular telephone creates a problem in any respect, the City shall have the right to order restricted. use or removal of the telephone from a particular shelter. The City recognizes that GTE or other telephone vendor has the right to remove phones for business reasons, or to decline to install service at certain locations. SunLine and the City shall jointly approve the placement of any vending machines in any shelter in the City. 5.02 SunLine shall, upon at least 30 days' written notice, provide for the relocation or removal of any shelter at any time the City requires use of the right of way upon which any shelter is situated, whether for street or sidewalk realignment, street, highway, or utility line repairs, or for any other lawful purpose, and whether such removal or relocation is temporary or permanent. Upon a determination by the City that urgency dictates removal in a shorter period of time, SunLine shall act within ten (10) days to cause removal of the shelter if reasonably feasible. 5.03 City shall ensure that the cost of removal or relocation of shelters within the right of way is included in the budget of projects where such removal or relocation is required. In any case where the cost is included, SunLine shall be reimbursed for relocation or removal costs referenced in paragraph 5.02. In any case where the cost has not been budgeted, SunLine and the City shall negotiate and endeavor to agree upon an arrangement to share in the cost of removal or replacement of any shelter as provided under paragraph 5.02. 5.04 The City reserves the right to require conformity with design review standards, including site plan review showing actual physical locations with setbacks, sidewalk space remaining, adequate distances from corners and from driveways. All such features must be satisfactory to the City and to SunLine and shall be in compliance with the Americans with Disabilities Act ("ADA") and with Federal Transit Administration ("FTA") requirements. SunLine shall provide an adequate cement pad under shelters. Within the limits imposed by the FTA and the ADA, the City shall have the right to approve or deny approval to any particular design as to its specific site plan and location, including the right to specify a particular design for a specific location. 5.05 The parties acknowledge and agree that ADA and FTA requirements as to the configuration and approach to newly installed bus shelters may be extremely costly, depending upon the existing condition of the planned location and the adjoining or existing access features. In the event that the City requests placement of a bus shelter in an area that requires substantial expenditures in order to comply with the ADA and with FTA requirements, the City will be requested by SunLine to bear all or a major portion of the costs of installation. The parties shall cooperate in placement of shelters and in the negotiation of costs required to accommodate ADA and FTA requirements. AdverUsingContmctMdoc 3 287 VI MISCELLANEOUS PROVISIONS 6.01 Attorneys' Fees In any dispute between the parties resulting in litigation, the prevailing party shall be entitled to recover from the other party all reasonable costs, including, without limitation, reasonable attorneys' fees. "Prevailing party" shall include, without limitation, a party which dismisses an action for recovery in exchange for sums allegedly due, or in exchange for performance for covenants allegedly breached, or in exchange for considerations substantially equal to the relief sought in the action, or which receives, in connection with any dispute, performance from the other party substantially equivalent to any of these. 6.02 Entire Agreement This Agreement contains the entire agreement of the parties relating to the rights granted and the obligations assumed herein. Any oral representations or modifications concerning this instrument shall have no force or effect unless contained in a subsequent written modification signed by the parties. 6.03 Indemni SunLine shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, agents, and representatives, against all liability, demands, claims, costs, losses, damages, recoveries, settlements, and expenses (including interest, penalties, attorney fees, expert witness fees, costs, and expenses) incurred by the City, known or unknown, contingent or other wise, directly or indirectly arising from or related to any suit, action or claim that may arise from SunLine's performance under this Agreement. The City shall indemnify, defend, and hold harmless SunLine, and its board of directors, officers, employees, agents, and representatives, against all liability, demands, claims, costs, losses, damages, recoveries, settlements, and expenses (including interest, penalties, attorney fees, expert witness fees, costs, and expenses) incurred by SunLine, known or unknown, contingent or other wise, directly or indirectly arising from or related to any suit, action or claim that may arise from City's performance under this Agreement. 6.04 Counterparts This Agreement may be executed in counterparts, which shall be treated as originals in all respects. 6.05 This Agreement is entered into at Indio, Riverside County, California. 6.06 This Agreement shall not be construed in anyway to create a partnership or joint venture in any respect between SunLine and the City, or between City and any contractor of SunLine or any of SunLine's remaining member entities. SunLine is acting purely as an independent contractor and not as an officer, agent, partner, joint venturer and/or employee of City. AdverGsingContractLQ.doc 4 2 8 R 6.07 Notices Any notices given under this Agreement shall be in writing and shall be served either personally or delivered by U.S. Mail, postage prepaid, registered or certified mail, return receipt requested. Notices shall be deemed received at the earlier of actual receipt or three days following deposit in U.S. Mail, postage prepaid. Unless otherwise specified, time limits based upon notice shall be computed from the date of mailing. Notices shall be directed to the following addresses: C. Mikel Oglesby General Manager SunLine Transit Agency 32-505 Harry Oliver Trail Thousand Palms, CA 92276 Tom Genovese City Manager City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Either party may change its address for notice purposes by giving notice to the other in accordance with Section 6.03, provided that the address change will not be effective until 10 days after notice of the change. 6.08 Non -Assignment Neither SunLine nor City shall assign or otherwise transfer their rights and obligations under this Agreement without prior written consent of the other. Any such assignment without consent shall be void. 6.09 Headings The title and headings of the various sections of this Agreement are intended solely for convenience of reference and are not intended to explain, modify, or alter the terms of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date first written above. SUNLINE TRANSIT AGENCY DATED: By APPROVED AS TO FORM: a Lisa Garvin Copeland General Counsel for SunLine Transit Agency C. Mikel Oglesby General Manager, SunLine Transit Agency Ad vertisingContractLQ.doc 5 289 DATED: ATTEST: By City Clerk CITY OF LA QUINTA a Don Adolph Mayor of the City of La Quinta AdvedsingContractLQ.doc 6 299 T4ty,e 4 stfo 09him COUNCIL/RDA MEETING DATE: January 15, 2008 ITEM TITLE: Approval of an Agreement With The County of Riverside to Provide Fire Protection, Fire Prevention, Rescue, and Medical Aid for the City of La Quinta RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve an Agreement with the County of Riverside to provide fire protection, fire prevention, rescue, and medical aid for the City at current levels of service. FISCAL IMPLICATIONS: Funding from Structural Fire Taxes and Redevelopment Pass Thru are estimated to exceed the cost of operations by $1,183,130 for Fiscal Year 2007/08. The surplus funding will be added to the City's Trust account with the County. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the July 22, 2003 meeting, the City Council approved a five-year agreement with the County of Riverside to provide fire and medical aid services. The contract before the City Council today is a renewal of that agreement for a term of three years. The leve► of service is the same as last fiscal year with the exception of upgrading a Fire Systems Inspector position to a Fire Safety Specialist position. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 291 1. Approve an Agreement with the County of Riverside to provide fire protection, fire prevention, rescue, and medical aid for the City at current levels of service; or 2. Do not approve the Agreement; or 3. Provide staff with alternative direction. Respectfully submitted, - jt�1 _ Tom Hartung Director of Building and Safety Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Cooperative Agreement to Provide Fire Protection 292 2 ATTACHMENT? A COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE AND MEDICAL AID FOR THE CITY OF LA QUINTA THIS AGREEMENT, made and entered into this _ day of , 20__, by and between the County of Riverside (hereinafter referred to as "COUNTY") and the City of La Quinta (hereinafter referred to as "CITY"), whereby it is agreed as follows: SECTION I: PURPOSE The purpose of this Agreement is to arrange for COUNTY, through its Cooperative Fire Programs Fire Protection Reimbursement Agreement ("CAL FIRE Agreement") with the California Department of Forestry and Fire Protection ("CAL FIRE") to provide CITY with fire protection, disaster preparedness and response, fire prevention, rescue, hazardous materials mitigation, technical rescue response, medical emergency services, and public service assists (hereinafter called "Fire Services"). This Agreement is entered into pursuant to the authority granted by Government Code Sections 55603, 55603.5, 55606, 55632 and 55642, and will provide a unified, cooperative, integrated, and effective fire services system. COUNTY's ability to perform under this Agreement is subject to the terms and conditions of the CAL FIRE Agreement. SECTION II: DESIGNATION OF FIRE CHIEF A. The County Fire Chief appointed by the Board of Supervisors, or his designee, (hereinafter referred to as "Chief') shall represent COUNTY and CITY during the period of this Agreement and Chief shall, under the supervision and direction of the County Board of Supervisors, have charge of the organization described in Exhibit "A", attached hereto and made a part hereof, for the purpose of providing Fire Services as deemed necessary to satisfy the needs of both the COUNTY and CITY, except upon those lands wherein other agencies of government have responsibility for the same or similar Fire Services. B. CITY may budget for the position of a Deputy Chief or a Division Fire Chief or COUNTY may assign an existing Chief Officer as the Contract City representative ("City Representative"). The Chief may delegate certain authority to the City Representative, as the Chiefs duly authorized designee and the City Representative shall be responsible for directing the Fire Services provided to CITY as set forth in Exhibit "A". 293 C. COUNTY will be allowed flexibility in the assignment of available personnel and equipment in order to provide the Fire Services as agreed upon herein. SECTION III: PAYMENT FOR SERVICES A. CITY shall annually appropriate a fiscal year budget to support the Fire Services designated at a level of service mutually agreed upon by both parties and as set forth in Exhibit "A." This Exhibit may be amended in writing by mutual agreement by both parties in the event of an increase of salary or expenses or when CITY requests an increase in services. 1. Any changes to the salaries or expenses set forth in Exhibit "A" made necessary by action of the Legislature, CAL FIRE, or any other public agency with authority to direct changes in the level of salaries or expenses, shall be paid from the funds represented as set forth in Exhibit "A." There shall be no obligation on the part of CITY to expend or appropriate any sum in excess of Exhibit "A" which exceeds the yearly appropriation of CITY for the purposes of this Agreement. If within thirty (30) days after notice, in writing, from COUNTY to CITY that the actual cost of maintaining the services specified in Exhibit "A" as a result of action by the Legislature, CAL FIRE or other public agency will exceed the total amount specified therein, and CITY has failed to agree to make available the necessary additional funds, COUNTY shall have the right to unilaterally reduce the services furnished under this Agreement by an appropriate amount and shall promptly notify CITY, in writing, specifying the services to be reduced. Personnel reductions resulting solely due to an increase in employee salaries or expenses occurring after signing this Agreement and set forth in Exhibit "A" to this Agreement shall not be subject to relocation expense reimbursement by CITY. If CITY desires to add funds to the total included herein to cover the cost of increased salaries or services necessitated by actions described herein, such increase shall be accomplished by an amendment to Exhibit "A" and approved by the parties hereto. 2. In the event CITY requests an increase in services and paragraph A.1. of this Section is not applicable, an amendment to Exhibit "A" may be approved by the parties hereto. B. COUNTY provides fire personnel, equipment and services through its CAL FIRE Agreement. In the event CITY desires a reduction in CAL FIRE or COUNTY civil service employees or services assigned to CITY as provided for in Exhibit "A," when paragraph A.1. of this Section is not applicable, CITY shall provide one hundred twenty (120) days written notice of the requested reduction. Proper notification shall include the following: (1) The total amount of reduction; (2) The effective date of the reduction; and (3) The number of employees, by classification, affected by the proposed reduction. If such notice is not provided, CITY shall reimburse COUNTY for relocation costs incurred by COUNTY because of the reduction, in addition to any other remedies available resulting from the reduction in services. 294 C. CITY shall pay COUNTY actual costs for Fire Services pursuant to this Agreement in an amount not to exceed that set forth in Exhibit "A," as amended. COUNTY shall make a claim to CITY for the actual cost of contracted services, pursuant to Exhibit "A," on a quarterly basis. CITY shall pay each claim within thirty (30) days after receipt thereof. D. Chief may be authorized to negotiate and execute any amendments to Exhibit "A" of this Agreement on behalf of COUNTY as authorized by the Board of Supervisors. CITY shall designate a "Contract Administrator' who shall, under the supervision and direction of CITY, be authorized to execute amendments to Exhibit "A" on behalf of CITY. E. [ X ] (Check only if applicable, and please initial to acknowledge) Additional terms as set forth in the attached Exhibit "B" are incorporated herein and shall additionally apply to this agreement regarding payment of services. F. [ X ] (Check only if applicable, and please initial to acknowledge) Additional terms as set forth in the attached Exhibit "C" are incorporated herein and shall additionally apply to this agreement regarding payment of services. In the event that a fire engine which was initially• purchased by the CITY and later the CITY transferred title of said fire engine to the COUNTY, the following will apply. COUNTY will hold ownership of said fire engine and is responsible for maintaining, repairing, and insuring the fire engine. This fire engine shall be used as an integrated unit for Fire Services as set forth in this Cooperative Agreement between the COUNTY and CITY, and shall be stationed primarily in the CITY. The change in ownership of the fire engine does not waive or supersede any responsibilities of the CITY pursuant to this agreement. This supplement is strictly to further detail for the CITY, the responsibilities and costs associated with the existing fire engine use agreement between the COUNTY and the CITY. SECTION IV: INITIAL TERM AND RENEWAL A. The term of this Agreement shall be from July 1, 2007, to June 30, 2010. Either party to this Agreement may terminate this Agreement by providing a written notice of termination to the other party hereto no less than one (1) year prior to the expiration of the term hereof. If such notice is given unilaterally by COUNTY except any notice issued because of actions of CAL FIRE or CITY, COUNTY agrees to continue to provide Fire Services to CITY until such time as CITY has a reasonable opportunity to implement alternative Fire Services. In no event shall this Agreement be terminated by either party after June 30, 2009. B. One (1) year prior to the date of expiration of this Agreement, CITY shall give COUNTY written notice of whether CITY intends to enter into a new agreement with COUNTY for Fire Services and, if so, whether CITY intends to change the level of Fire Services from that provided by this Agreement. 295 C. If CITY fails to provide such notice, as defined in paragraph B above, COUNTY shall have the option to extend this Agreement for a period of up to one (1) year from the original termination date and to continue providing services at the same or reduced level as COUNTY determines would be appropriate during the extended period of this Agreement. Six (6) months prior to the date of expiration of this Agreement, COUNTY shall give written notice to CITY of any extension of this Agreement and any changes in the level of Fire Services COUNTY will provide during the extended period of this Agreement. Services provided and obligations incurred by COUNTY during an extended period shall be accepted by CITY as services and obligations under the terms of this Agreement. D. The cost of services provided by COUNTY during the extended period shall be based upon the amounts that would have been charged to CITY during the fiscal year in which the extended period falls, had a new agreement been entered into. Payment by CITY for services rendered by COUNTY during the extended period shall be provided as set forth in Exhibit "A," as amended. SECTION V: TERMINATION Neither COUNTY nor CITY shall have the power to abrogate or otherwise terminate this Agreement during the term set forth in Section IV. This Agreement may, however, be terminated by the voters of either the COUNTY or the CITY pursuant to Government Code §55603.5. SECTION VI: COOPERATIVE OPERATIONS All Fire Services contemplated under this Agreement shall be performed by both parties to this Agreement working as one unit; therefore, personnel and equipment belonging to either CITY or COUNTY may be temporarily dispatched elsewhere from time to time for mutual aid. SECTION VII: MUTUAL AID When rendering mutual aid or assistance as authorized in Health and Safety Code Sections 13050 and 13054, COUNTY shall, at the written request of CITY, demand payment of charges and seek reimbursement of CITY costs for personnel as funded herein, under authority given by Health and Safety Code Sections 13051 and 13054. COUNTY, in seeking said reimbursement, will represent the CITY in following the procedures set forth in Health and Safety Code Section 13052. Any recovery of CITY costs, less extraordinary collection expenses, will be credited to the CITY. SECTION VIII: SUPPRESSION COST RECOVERY As provided in Health and Safety Code Section 13009, COUNTY may bring an action for collection of suppression costs of any fire caused by negligence, violation of law, or failure to correct noticed fire safety violations. When using CITY equipment and M personnel under the terms of this Agreement, COUNTY may, on request of CITY, bring such an action for collection of costs incurred by CITY. In such a case CITY appoints and designates COUNTY as its agent in said collection proceedings. In the event of recovery, COUNTY shall apportion to CITY its pro-rata proportion of recovery, less the reasonable pro-rata costs including legal fees. In all such instances, COUNTY shall give timely notice of the possible application of Health and Safety Code Section 13009 to the officer designated by CITY. SECTION IX: PROPERTY ACCOUNTING All personal property provided by CITY and by COUNTY for the purpose of providing Fire Services under the terms of this Agreement shall be marked and accounted for in such a manner as to conform to the standard operating procedure established by the County Fire Department for the segregation, care, and use of the respective property of each. SECTION X: INDEMNIFICATION A. COUNTY, to the extent permitted by law, agrees to indemnify, defend and hold harmless CITY, its officers, agents and employees from any and all claims for economic losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers and any other person, firm, or corporation furnishing or supplying work services, materials or supplies in connection with any activities under this Agreement; and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by COUNTY in the performance of any activities under this Agreement, except where such injury or damage arose from the sole negligence or willful misconduct attributable to CITY or from acts not within the scope of duties to be performed pursuant to this Agreement. B. CITY, to the extent permitted by law, agrees to indemnify, defend and hold harmless COUNTY, its officers, agents and employees from any and all claims for economic losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers and any other person, firm, or corporation furnishing or supplying work services, materials or supplies in connection with any activities under this Agreement; and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by CITY in the performance of any activities under this Agreement, except where such injury or damage arose from the sole negligence or willful misconduct attributable to COUNTY or from acts not within the scope of duties to be performed pursuant to this Agreement. SECTION XI: AUDIT COUNTY and CITY agree that their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. COUNTY and CITY agree to maintain such records for 297 possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated, and to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. SECTION XII: DISPUTES CITY shall select and appoint a "Contract Administrator" who shall, under the supervision and direction of CITY, be available for contract resolution or policy intervention with COUNTY, when, upon determination by the Chief that a situation exists under this Agreement in which a decision to serve the interest of CITY has the potential to conflict with COUNTY interest or policy. Any dispute concerning a question of fact arising under the terms of this Agreement which is not disposed of within a reasonable period of time (ten days), shall be brought to the attention of the Contract Administrator. Disputes that are unable to be resolved by CITY and COUNTY representatives will attempt to be resolved through arbitration. If arbitration is unsuccessful, venue for litigation will be the County of Riverside. SECTION XIII: ATTORNEY'S FEES If CITY fails to remit payments for services rendered pursuant to any provision of this Agreement, COUNTY may seek recovery of fees through arbitration and/or litigation, in addition to all other remedies available. In the event of arbitration or litigation between COUNTY and CITY to enforce any of the provisions of this Agreement or any right of either party hereto, the unsuccessful party to such litigation agrees to pay the prevailing party's costs and expenses, including reasonable attorneys' fees, all of which shall be included in and as a part of the judgment rendered in such arbitration and litigation. SECTION XIV: DELIVERY OF NOTICES Any notices to be served pursuant to this Agreement shall be considered delivered when deposited in the United States mail and addressed to: COUNTY County Fire Chief 210 W. San Jacinto Ave. Perris, CA 92570 CITY OF LA QUINTA City Manager City of La Quinta Post Office Box 1504 La Quinta, CA 92253 Provisions of this section do not preclude any notices being delivered in person to the addresses shown above. Delivery in person shall constitute service hereunder, effective when such service is made. �• SECTION XV: ENTIRE CONTRACT This Agreement contains the whole contract between the parties for the provision of Fire Services. It may be amended or modified upon the mutual written consent of the parties hereto. This Agreement does NOT supplement other specific agreements entered into by both parties for equipment or facilities, and excepting those equipment or facilities agreements, this Agreement cancels and supersedes any previous agreement for the same or similar services. IN WITNESS WHEREOF, the duly authorized officials of the parties hereto have, in their respective capacities, set their hands as of the date first hereinabove written. Dated: CITY OF LA QUINTA 0 Title: ATTEST: APPROVED AS TO FORM: By: Title: (SEAL) Dated: ATTEST: NANCY ROMERO Clerk of the Board By:, Deputy (SEAL) COUNTY OF RIVERSIDE By: Chairman, Board of Supervisors APPROVED AS TO FORM: SYNTHIA M. GUNZEL Deputy County Counsel for JOE S. RANK County Counsel 299 k � w wwa _ _mmm m { \ §§§ kkk§\kk\ CD to §__ / o �$t® °§ / Cl) « -�e =»§ `U� _ w } yam ( 71,f CD LO f 0)m ° §' ±r ]2 R %j a�� _ 0 Cl) mm } CO [ 0 j�§ R§ II�} 22 �mm� §�� $))t§3) �2 I ®CL C M4- j@WOBS - ƒ/22EgG �.� ��a =_ ape 4) CLCLCLGEv] ca a) CD ) j �� ;\\\ = J ��a o _ z �a 00 _/ LU ^ &7icc m w aJ° gw i _ / w > LUz ~ �2 �z - 2\ . ) w e = /� �� ( /jf § }\\ R § ¥ )moo m �� w C \ / r e _ § § \ \ z $ R § / Re( °a u u § = saee�«tf$W wne § ¥ E2§}oEE/$ aw$ ) nn-= /)$\)DM;m =zp - ( LU « 222 U mA?g0E coU-w 2§) u D- o = e e )§§ i §)S ¥ 309 ic � } LU k § z § / } \ }kt _%\\ J a=�( �] m]/� �0 f°27 ®E }\}\ U. �} °M/ ;-\) \§U/\ §�k/}) �z�uM0 \ k cn 2 - In V 0- k)/)\ƒ ■ �0 0 z 0 -J@w ekwe \ @�2s\�o�� zWWON&kmE°(( LU§Ag wueB2uu ƒƒ48§SS§R)LL )) \j\\R§\\\\/2 g \ § LU LU z mP UW)z 0 ozm� § LU it �`zLUFn -=-oLu7LL 301 EXHIBIT "B" TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE AND MEDICAL AID FOR THE CITY OF LA QUINTA DATED , 20_ PAYMENT FOR SERVICES ADDITIONAL SERVICES A. CREDIT TO CITY Of the sum CITY has appropriated to provide fire protection services within the area of responsibility of CITY, COUNTY shall allow a credit to CITY in the estimated amount that represents 100% of the annual structural fire taxes collected by the County and annual Redevelopment Pass Thru Funds in excess of $188,300 collected by COUNTY within the areas of responsibility of CITY. The amount of this credit shall be determined by the County Auditor -Controller prior to the COUNTY's billing of its claim for services with CITY as approved herein. The claim filed by COUNTY with CITY shall be those expenses in excess of the credit allowed to CITY. If the credit allowed to CITY is in excess of the expenses, any excess credit will be deposited by the COUNTY into a trust fund for future fire facilities, equipment and/or services within CITY. The procedures for use of the trust funds are outlined as follows: B. TRUST FUND PROCEDURES The excess credit deposited in a trust fund for Fiscal Year 2007/2008 and for subsequent fiscal years during the term of this Agreement shall be expended, dispersed and accounted for as follows: The trust funds may be used for future fire facilities, equipment, or for future services, at CITY's option. CITY shall have the right to designate the use of the trust funds for one or more of these purposes. If CITY opts to utilize the trust funds for fire facilities being constructed or rehabilitated in CITY, COUNTY shall, upon CITY's request, release the funds for that purpose to CITY, or to CITY's designee, within 30 days of receiving CITY's written notification of its option. If CITY opts to utilize the trust funds for equipment purchase or equipment rental, COUNTY shall, upon CITY's request, release the funds for that purpose to CITY 302 or to CITY's designee, within 30 days of receiving CITY's written notification of its option. If CITY opts to utilize the trust funds for services, it may either request increased services or supplement the fund as a credit applied to future service costs. The trust funds shall be maintained in an interest -bearing account. The interest earned shall be added to the amount of the trust fund. COUNTY shall provide an annual accounting of the trust fund amount to CITY by August 1, 2008, and by August 1st of each year thereafter, during the term of this Agreement. CITY shall review the accounting within 30 days of receipt, and shall notify COUNTY of any dispute or objection thereto. CITY and COUNTY shall reconcile any dispute within 30 days thereafter. If any amount remains in the trust funds upon the effective date of the termination of this Agreement, the funds shall be returned to CITY within 30 days of the date of the termination, unless extended. CITY agrees that the returned funds shall only be used for fire service, equipment and fire facilities. 303 EXHIBIT "C" TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE AND MEDICAL AID FOR THE CITY OF LA QUINTA DATED , 20_ PAYMENT FOR SERVICES ADDITIONAL SERVICES FIRE ENGINE USE AGREEMENT Station 32 Medic Engine ME32, RCO No. 94-822 Station 70 Medic Engine ME70, RCO No. 01-829 Station 93 Medic Engine ME93, RCO No. 04-816 $ 16,050.00 $ 16,050.00 $ 16,050.00 $ 48,150.00 The Fire Engine Use Agreement is utilized in the event that a fire engine(s) which was initially purchased by the CITY, and then the CITY elects to have the COUNTY take ownership and responsibility of said fire engine(s). The CITY will transfer title of said fire engine(s) to the COUNTY. The COUNTY will ensure a working fire engine(s) is available for the CITY at all times under this agreement. All capital improvements and/or betterments to the fire engine(s) listed above, will be the responsibility and paid for by the COUNTY under this Agreement. The COUNTY will maintain insurance on said fire engine(s). When the Riverside County Fire Department Fleet personnel determine the fire engine(s) listed above is due for replacement, the COUNTY will purchase a new fire engine(s); and, survey the old fire engine(s). 30t The annual cost for this service is calculated at 1/20 of the replacement cost. The current replacement cost is $321,000.00. If this Agreement is entered into mid -year, the annual cost will be prorated accordingly. 305 COUNCIL/RDAMEETINGDATE: January 15, 2008 ITEM TITLE: Authorizatoon for Overnight Travel for the Planning Commission and Planning Director to Attend the 2008 Planners Institute in Sacramento CA, March 26 - 28, 2008 RECOMMENDATION: AGENDA CATEGORY: 31L.Yl�I �I.XXYT.Y.YG7�F CONSENT CALENDAR: ./O STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for the Planning Commission and Planning Director to attend the three-day 2008 Planners Institute in Sacramento, CA, March 26 -28, 2008. FISCAL IMPLICATIONS: Costs associated with attending the Conference will be funded through Fiscal Services Training & Meetings, Account No. 101-6001-413.51.01 . This conference was budgeted in the 2007/2008 Fiscal Year Budget at $8,400. The breakdown of expenditures per person anticipated for this conference is as follows: • Conference Enrollment - Early Registration $ 495 • Travel/Meals 425 • Lodging 480 Total $1,400 CHARTER CITY IMPLICATIONS: ►67M BACKGROUND AIND OVERVIEW: The three-day 2'.008 Conference focuses on planning issues affecting local governments. Seminar information is included in Attachment 1. 306 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve authorization for overnight travel for the Planning Commission and Planning Director to attend the three-day 2008 Planners Institute in Sacramento, CA, March 26 -28, 2008; or 2. Do not approve authorization for overnight travel for the Planning Commission and Planning Director to attend the three-day 2008 Planners Institute in Sacramento, CA, March 26 -28, 2008; or 3. Provide staff with alternative direction. Respectfully , Planning Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Conference Material 307 m. III Y t �V _ { I• I 'vl Ln l I �k x i I IiY j t �3 +}9 h' z fi� r -t �L I r { Planning Community. Developmenty OF CALIFORNIA Commissioner.. Directors, Planning Director Redevelopment Director I - Planning Staff Mayr or Council Member, 0 HISTORIC PRESERVATION ESSENTIALS Experts will present the benefits of historic preservation in your community. The critical components for establishing a historic preservation program, how to integrate it into existing pohcres, and a variety of techniques to brig about a historic survey will be elaborated. MODERATOR: Jay M. Trevino, Planning Director, City of Santa Ana SPEAKERS: Janet Hansen, Deputy Manager, Office of Historic Resources, Los Angeles Marie Nelson, State Historian 11, Survey/ CLG Coordinator, Local Government Unit, California Office of Historic Preservation, Sacramento Lucinda Woodward, Supervisor, Local Government and Information Management Unit, California Office of Historic Preservation, Los Angeles SENIOR AND AFFORDABLE HOUSING What does "aging friendly in place" mean and who really resides in these dwellings? Increase your knowledge ofwhat is "Section 8" and the design guidelines required to build these communities. MODERATOR: Robert Storer, Planning Commissioner, Town of Danville SPEAKERS: Anne Burns Johnson, President and CEO, Aging Services of California, Sacramento Lydia Tan, Executive Vice President, Bridge Housing Corporation, San Francisco CITIES AND AGRICULTURAL LANDS: WHAT CITIES CAN AND HAVE TO DO As California continues to grow, its cities are expanding onto agricultural land at an unprecedented pace. The same farmlands, however, provide an economic base for many communities, habitat for endangered species, flood protection, and other benefits. Discuss the Williamson Act requirements and acceptable methods of mitigation for agricultural land conversion. MODERATOR: Ralph Raffa Kachadourian, Senior Planner/City Planner, Development Services Department, City of Sanger SPEAKER: Dennis O'Bryant, Williamson Act Program Manager, Department of Conservation, Division of Land Resource PARKING DISTRICTS IN ACTION Discuss the new approaches to parking principles, creating parking districts, and how they should operate. Review proposals described in Dr. Shoup's book, The High Cost of Free Parking. Examine real - life implementations of creative parking solutions. MODERATOR: Melisa Tintocalis, Program Manager, City Planning & Community Investment, City of San Diego SPEAKERS: Kelly Beede, Parking Services Manager, Town of Truckee Steffen Turoff, Parking Consultant, Walker Parking Consultants, San Diego LOOK BEFORE YOU LEAP: GREEN BUILDING PROGRAMS Discover what the process of adopting green building ordinances entail How is success measured? Which departments are involved and who manages the programs? MODERATOR: Thomas Jacobson, Professor and Director, Institute for Community Planning Assistance, Department of Environmental Studies and Planning, Sonoma State University SPEAKERS: Maureen Tamuri, AIA, Community Development Director, City of Calabasas Steve Widmeyer, PE, Vice President, Willdan, Industry BREAKOUT SESSIONS 4:15 - 5:30 p.m. © CHARACTER AND CALIBER: A DESIGN REVIEW Most zoning ordinances are designed to prevent new buildings from destroying the character of neighborhoods, but don't provide the tools needed to ensure that new buildings have high caliber designs. Discuss how design review process can improve the quality of architecture and landscape in your communities. MODERATOR: George Buell, AICP, City Planner, City of San Clemente SPEAKER: Alan Loomis, Principal Urban Designer, City of Glendale GENERAL PLAN/MASTER PLAN How do you know when a plan is effective? What makes a plan a "good" plan? Analyze the tools to create a master plan and valuable policy guide for your community. MODERATOR: Susan J. Daluddu:ng, Ph.D., Director of Community and Economic Development, City of Hayward SPEAKERS: Richard Mitchell, Planning Director, City of Richmond Heather Wooten, Planning for Healthy Places, Public Health Law & Policy, Oakland Lisa Wise, Lisa Wise Consulting, Los Osos ADVANCED CEQA Environmental impact reports can be daunting documents containing hundreds of pages. Ten I ey tips will be presented to help you attain the pertinent elements in these often immense documents. MODERATOR: Mandi Alzuri, Deputy City Manager, Community Development Director, City of Rancho Cucamonga SPEAKER: Larry Wiener, President, Richard Watson and Gershon, Los Angeles HISTORIC PRESERVATION INCENTIVES AND OUTREACH Discover how a community can increase support for historic preservation programs and what role the neighborhood plays. Address ways to create historic preservation outreach programs while involving the neighborhood MODERATOR: Jay M. Trevino, Planning Director, City of Santa Ana SPEAKERS: Roberta Deering, Senior Planner for Historic Preservation, City of Sacramento Janet Hansen, Deputy Manager, Office of Historic Resources, Los Angeles Marie Nelson, State Historian II, Survey/ CLG Coordinator, Local Government Unit, California Office of Historic Preservation, Sacramento 309 Protection, Sacramento 11 REAL ESTATE ECONOMICS IOI — HOW DENSITY, IMPOSITIOWS AND ENTITLEMENTS AFFECT DEVELOPMENT FEASIBILITY Discover how financial impact policy decisions impinge on development feasibility along with an overview of real estate development economics. MODERATOR: Charlie View, Development Services Director, City of Brea SPEAKER: Cal Hollis, Managing Principal, Keyser Marston Associates, Inc., Los Angeles WHAT'S SO IMPORTANT ABOUT A LITTLE MUD AND MURKY WATER? The most productive ecosystems in the world, wetlands and vernal pools, support an enormous array ofresident wildlife. Waterways containing natural wastes and pollution are cleaned as they pass through swamps. Yet, at an alarming rate, wetlands and vernal pools are being filled in for development of housing, industrial plants, highways, and airports. Learn how to balance development and the environment MODERATOR: Mandi Alzuri, Deputy City Manager, Community Development Director, City of Rancho Cucamonga REGISTRATION 7:30 a.m. - Noon CITYBOOKS 8:30 a.m. - 4:00 p.m. NETWORKING BREAKFAST 7:45 - 8:45 a.m. Enjoy breakfast while networking and planning your day. SPEAKERS: Caroline Christian, Assistant Professor, Department of Environmental Studies and Planning, Sonoma State University Thomas Jacobson, Professor and Director, Institute for Community Planning Assistance, Department of Environmental Studies and Planning, Sonoma State University PLANNING COMMISSION ADMIN— ISTRIVIA: GOOD DECISIONS THAT CAN STAND A CHALLENGE The devil is always in the details! Examine the process of making a good decision that can withstand a challenge, appeal, or evenludicial review. Review what is involved in developing an adequate record, the kind of evidence the commission relies on, what happens when there is an appeal, and the requirements for due process. MODERATOR: Susan Healy Keene, AICP, Community Development Director, City of West Hollywood SPEAKER: Christi Hogin, City Attorney, Cities of Malibu and Lomita, Law Firm ofjenkms and Hogin, LLP, Malibu GENERAL SESSION 9:00 -10:15 a.m. © PLANNING IN AN UNCERTAIN CLIMATE: LEGAL AND PRACTICAL PERSPECTIVES How should cities integrate concerns about global warming into their planning process? What kinds of analysis and policies should cities include in general plans? How does the California Environmental Quality Act apply? What are cities doing now to address the causes and consequences of climate change? DINNER AT THE HYATT HOTEL 5:00 - 7.30 p.m. It's time to have some fun! Join your colleagues at the Hyatt Hotel Ballroom to network and enjoy a delicious dinner featuring California Cuisine, along with live music. NOTE: Single event/meal tickets for the dinner are available for $75.00. Guest/spouse fee for the entire meeting is $160.00. Badges must be purchased in advance and will not be available at the door. Please refer to the registration form for more information. BREAKOUT SESSIONS 10:45 a.m. - Noon PLANNING COMMISSIONERS ROLES AND RESPONSIBILITIES I01 What is your role and responsibilities as a planning commissioner in your community? How do you interact with the city council? Do you have knowledge of the legal and planning documents needed to make the best planning decisions? Discuss innovative ways to improve your practical working relations with staff, proponents, and the public. MODERATOR AND SPEAKER: Lynn Osborn, Planning Commissioner, Town of Danville SPEAKERS: Joel Rojas, Community Development Director, City of Rancho Palos Verdes Emmanuel Ursu, Planning Director, City of Onnda 319 TIE TOP IO QUESTIONS PLANNING COMMISSIONERS WANT ANSWERED As a seasoned commissioner, have you always wondered how other cities conduct their meetings? Do you need to know how to interact with staff, or wonder if you have the same relationship with city council as other planning corrmiissioners? Bring your questions to exchange with your peers. FACILITATOR: Susan Healy Keene, AICP, Community Development Director, City of West Hollywood REDEVELOPMENT: WHAT MAKES IT WORK? In a time of economic uncertainty, It adersb ip and resolve are needed to guide California to economic prosperity. Redevelopment has proven to be one of the most effective ways to expand businesses, develop affordable housing, create jobs, and provide public infrastructure Understand how redevelopment works as a "smart growth" approach that encourages infill development in urban areas, slows development of vacant farmland, cleans up contaminated sites, and revitalizes old neighborhoods. MODERATOR: Charlie View, Development Services Director, City of Brea SPEAKER: Amy Feagans, Redevelopment Director, City of Folsom LAND USE, ENERGY, AND WATER CHALLENGES Join this exciting panel discussion to gain an in-depth understanding of how your city can qualify for state bonds and other monies to integrate regional water management MODERATOR: Lisa Header, Associate Director, Center for Collaborative. Policy, California State University, Sacramento SPEAKERS: Cristopher Cabaldon, Mayor, City of West Sacramento Judith A. Corbett, Executive Director, Local Government Commission, Sacramento Linda Flack, Executive Director, Delta Protection Commission, Sacramento Kamyar Guivetchi, California Department of Water Resources, Sacramento TRANSIT ORIENTED DEVELOPMENT (TOD) TOOLBOX FOR PLANNING COMMISSIONERS Are TOD's successful in reducing vehicle trips and parking demand, while supporting neighborhood scale retail activity? How can planners and professionals be champions of mixed use and infill? Acquire the tools available to evaluate and support TOD plans and projects. MODERATOR: Paul Zykofsky, AICP, Director, Land Use/Transportation Programs, Local Government Commission, Sacramento SPEAKERS: Susan]. Daluddung, Ph.D., Director of Community and Economic Development, City of Hayward Dan Zack, Downtown Development Coordinator, City of Redwood City SAN JOAQUIN VALLEY BLUEPRINT The "Blueprint Planning Program" initiated by Caltrans in 2005, through funding and capacity building, encourages Council of Governments to work with other government agencies, the private sector, and the public, in building consensus for a vision of future land use and transportation. Gain perspectives on the benefits of cross -agency coordination in San Joaquin Valley Experience how local land use planners and officials have made these efforts work. MODERATOR: Ralph Rafli Kachadourian, Senior Planner/City Planner, Development Services Department, City of Sanger SPEAKERS: Marjorie Kirn, Deputy Executive Director, Merced County Association of Governments, Merced Carol Whiteside, President, Great Valley Center, Modesto SITE PLAN REVIEW —LOOKING BEYOND THE STANDARDS OF! THE ZONING CODE What constitutes a good site plan? How do planning commissioners meet the :minimum standards ofthe Zoning Code? Are you inspired to create places of livability and endurance? MODERATOR: Alice Angus, AICP, Community Development Director, City of Orange SPEAKERS: Robert Imboden, AICP, Planning Commission Chairperson, City of Orange Robert Klekner, AICP, Principal Urban Designer, RBF Consulting's Urban Design Studio, Newport Beach Edward Knight, AICP, Assistant Planning Director, City of Orange LUNCH / MINI EXPO Noon - 2:00 p.m. Enjoy lunch withyour colleagues and be apart of the Mini Expel Exhibiting companies will display products and services in the areas of: budgeting, performance, measuring, retirement planning, economic and community development, affordable housing, environmental planning, arbitration practices, traffic solutions and air quality. NOTE: Guest/spouse fee for the entire meeting is $160.00. Single event/meal tickets for the lunch will be available for $50.00. Badges must be purchased in advance and will not be available at the door. MOBILE TOURS WEsTSACRAMENro: WATERFRONTTouR BREAKOUT SESSIONS 2:00 - 5:00 p.m. $25 sign-up fee To attend one of the mobile tours you.ffl need to register online. The tours will be on a first -come, first -served basis. You will receive a tour coupon in your registration packet along with your badge and meal coupons onsite. Once a tour is filled with 45 people, it will be marked online as Not Available. There will be no refunds. HISTORIC FOLSOM: OLD MEETS NEW -MAKING SUBURBAN CODES WORK FOR HISTORIC DISTRICTS TOUR LEADER: Amy Feagans, Redevelopment Director, City of Folsom Take a walking tour of Historic Folsom, an 1890's era historic district embedded in a fast growing modern community. Visit the old town on Sutter Street, where new building activity shares the street with original turn -of -the -century buildings. Project plans include a 120,000 sq foot mixed use development with a 400 seat public amphitheater, a new parking structure, sidewalk, and budding facades among other beautification efforts CITRUS HEIGHTS: SUBURBAN INFILL —SUCCESSES AND FRUSTRATIONS TOUR LEADER: Janet M. Ruggiero, FAICP, Community Development Director, City of Citrus Heights Once named by the Sacramento flee as the "un-city", Citrus Heights was incorporated in 1997. Before then it was part of the largest unincorporated urban area in the state. This first ring suburb has been redeveloping old commercial corridors. Witness how a general plan, two specific plans, a visioning project, and a new zoning ordinance, have all been prepared to provide a new sense of place. TOUR LEADER: Sharma Zuspan, Redevelopment Analyst, West Sacramento West Sacramento's waterfront is a core city asset. The Sacramento River provides the city with water, recreation, andidentity. Waterfront revitalization is a central element to West Sacramento city planning and its relationship to the region. Participants will become familiar with the city's efforts of historical and habitat preservation, fostering an emerging high-rise skyline, the Riverwalk, and mixed use developments. CITY OF SACRAMENTO- "THE RAILYARDS"-BIGGEST INFILL SITE IN THE COUNTRY TOUR LEADERS: Nedzlene Ferrario, Senior Planner, City of Sacramento and Richard Rich, Thomas Enterprises The 240 acre Rarlyards site is perched on the edge of greatness again. Site of the western terminus of the Transcontinental Railroad, the old Union Pacific site recently was purchased by Thomas Enterprises Come tour the project which will include the regional transportation hub, renovation of the historic railroad shops, and 12,000 residential units in an urban, mixed - use community CITY OF SACRAMENTO- DOWNTOWN REDEVELOPING Downtown Sacramento is transforming as redevelopment makes the most of its water- fronts, historic buildings, and seat as the state capitol. Progress has been marked by successes and challenges. This tour will explore both with an eye toward providing you with some of the practical lessons learned regarding what it takes to make a project successful. 2:30 - 4:30 p.m. MEDIA TRAINING You may be asked on occasion to represent your city in an interview with the press. It is critical that you feel comfortable delivering your city's messages: In this interactive session, you will gam insight from punt, radio and television news professionals on how to handle press inquiries and to provide the information the press needs for different news mediums. MODERATOR: Scott Summerfield, SAE Communications, Pleasanton SPEAKERS: Tamara Keith, Sacramento Region Reporter, KQED, National Public Radio, Sacramento Jim Smith, Editor, Woodland Daily Democrat, Woodland ETHICS TRAINING HOW TO BUILD AND MAINTAIN THE PUBLIC'S TRUST: PRACTICAL ETHICS AND THE LAW Your ability to lead in your community depends upon the extent to which the public trusts you and trusts your city as an institution. What are some questions that public officials can ask themselves when confronted with ethical dilemmas? What does the law require ofyou as a public servant? Discover the tools and resources available to you to deal with ethical and ethics law issues. Those that sign in and attend the full session (two hours) will receive ethics education credit for purposes of AB 1234 compliance. MODERATOR AND SPEAKER: JoAnne Speers, Executive Director, Institute for Local Government, Sacramento DINNER ON OWN Visit your hotel's concierge for restaurants and reservations 312 CITYBOOKS 8:00 -10:30 a.m. BREAKOUT SESSIONS 8:15 - 9:45 a.m. M CITY FINANCE I01 • The essentials of California city revenues and spending • Trends in California local government finance • Potential impacts from the state budget • Critical issues and proposals for fiscal reform MODERATOR: Charlie View, Development Services Director, City of Brea SPEAKER: Michael Coleman, Fiscal Policy Advisor, League of California Cities, CaliformaCityFinance.com, Davis 2008 -A YEAR OF HOUSING UNCERTAINTY Where will out children live? Where will we live? Is there hope on the horizon in 2009? What can local government do to facilitate the development of affordable housing? Explore the process of preparing a certifiable housing element and its benefits MODERATOR: Donald Lamm, AICP, Deputy City Manager, Development Services Director; Executive Director of the Redevelopment Agency, City of Costa Mesa SPEAKER: Lynn Jacobs, Director, Department of Housing and Community Development, State of California, Sacramento THERE ARE NO STUPID QUESTIONS! Frustrated that you only get five days to review your packets? During this informal, interactive session, come and share frustrations, and hear how other cities have solved problems or issues you might be having. FACILITATOR: Lynn Osborn, Planning Commissioner, Town of Danville TRAFFIC CALMING PROGRAMS THAT WORK Successful traffic calming programs emphasize the importance of balancing the three "E's": Education, Enforcement, and Engineering. They start out by relying on local residents to take the lead before installing higher cost treatments. Examine several traffic calming programs that are being implemented successfully in different parts of the state. MODERATOR: Robert Storer, Planning Commissioner, Town of Danville SPEAKER: Hector Barron, City Traffic Engineer, Department of Transportation, City of Sacramento PREVENTING URBAN SPRAWL Urban sprawl continues to define many communities with traffic congestion, strip commercial corridors, loss of agricultural land, mediocre architectural design, and segregated land uses. The absence of a community vision and clearly defined policies to address urban sprawl leave small towns or rural cities vulnerable to undesirable impacts. Get an overview of Ahwahnee principles, smart growth principles, new urbanism and sustainable communes. MODERATOR: Ralph Raffi Kachadourian, Senior Planner/City Planner, Development Services Department, City of Sanger SPEAKER: Fred Brnsuelas, AICP, Community Development Assistant Director, City of Visalia ADOPTING AND IMPLEMENTING FORM - BASED CODES: A PROGRESS REPORT Form -based codes have received a lot of attention in the last few years as local jurisdictions struggle with how to ensure and implement their community's vision for revitalization and development. Learn how different jurisdictions in the state are successfully implementing form - based codes. MODERATOR: Paul Zykofsky, AICP, Director, Land Use/Transportation Programs, Local Government Commission, Sacramento SPEAKERS: John Anderson, Principal, New Urban Builders, Chico Stephen Lawton, Community Development Director, City of Hercules Daniel Parolek, Principal, Opticos Design, Berkeley 31 GENERAL CLOSING SESSION 10:15 -11:45 a.m. CALIFORNIA TRENDS -THE FUTURE OF THE HOUSING MARKET AND THE .ECONOMY A guest columnist for various publications including the Wall Street Journal, Carole Rodoni has been President of Fox & Carskadon Residential Real Estate, ChiefOperations Officer of Cornish and Carey Residential Real Estate, and President and COO of Alain Pinel Realtors. Carol will comment on how the global, national, state, and local economies are impacted by the housing correction and the sub-prime/credit impact of 2007, whether or not we are facing a recession, and where interest rates are headed. SPEAKER: Carol Radoni, President, Bamboo Consulting, San Jose VISIT THE CAPITOL The Capitol is only a few blocks away! Guided walking tours are available all day long. Please check -in with the League registration desk to find out if the legislature is in session. Rr� u AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: January 15, 2008 / BUSINESS SESSION: ITEM TITLE: Consideration of Promotional Logo for City of La Quinta CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 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: On December 18, 2007, the City Council considered several concepts for a new promotional logo for the City of La Quinta. Three logo concepts were presented: a revised version of the 25`h Anniversary logo and two logos incorporating elements unique to La Quinta (quail, mountains, and gem). After some discussion, Council directed staff to bring back two of the aforementioned logos with changes. Staff and Kiner Communications compiled Council comments and instructed the artist to produce new renderings in consideration of Council comments. Attachment 1 contains two different versions of each logo concept. Upon Council approval of a promotional logo, staff will work with Rutan & Tucker on processing a trademark application through the United States Patent and Trademark Office (USPTO) to secure copyrights. In addition, a Graphic Standards Manual will be 314 developed in order to keep the logo's integrity and provide vendors and other outside users with strict guidelines on logo use. Granted only at the City's discretion, the graphic standards can be written to allow for several color options (blue, purple, and brown) for application flexibility. As indicated in the previous staff report, 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 banners, ads, newsletters, and other promotional material. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. 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 R. E ns, Assistant City Manager — Development Services Approved for submission by: 0"4111 -e-Gire Thomas P. Genovese, City Manager Attachment: 1. Revised promotional logos for City of La Quinta 315 Attachment 1 la GEM of the DESERT 316 GEM of the DESERT I 317 2a GEM of the DESERT 31a GEM of the DESERT 2b 31q Titr 4 4 a" COUNCIL/RDA MEETING DATE: January 15, 2008 ITEM TITLE: Consideration of a Contract Extension with Kiner Communications for Professional Marketing Services RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize staff to negotiate an extension to the City of La Quinta's contract with Kiner Communications for professional marketing services. FISCAL IMPLICATIONS: None for this action. Funding for the referenced services is contained within the City's annual budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In May 2007, duiring adoption of the City of La Quinta Marketing Plan for Fiscal Year 2007/2008, the City Council directed staff to schedule an item in January 2008 which would allow Council to consider Kiner Communications' contractual relationship with the City. Specifically, Council wanted an opportunity to discuss a request for proposals (RFP) for marketing services. Staff has scheduled this item for Council consideration of Kiner Communication's marketing services, and recommends a contract extension for the upcoming fiscal year. The City of La Quinta retained Kiner Communications to perform marketing consulting services pursuant to a contract services agreement in December 1998 (for the remaining Fiscal Year 1998/1999 term). At this time Kiner/Goodsell Advertising was 329 selected upon culmination of a request for proposals (RFP) process. The original contract was for one year and has been extended on a one-year basis since then. The current contract lis set to expire on June 30, 2008. In February 2002, Council directed staff to issue an RFP for marketing services. Staff issued the RFP to approximately 60 marketing firms throughout the Coachella Valley and Inland Empire. The City received a total of 14 proposals. In August 2002, the City Council considered the top firms that responded and selected Kiner Communications to continue as the City of La Quinta's marketing firm. During its tenure with the City, Kiner Communications has performed a variety of tasks and has implemented an array of programs related to economic development, community services, tourism, and golf (its work on SilverRock Resort is handled through Landmark Golf Management). Some of the City/Kiner successes include: • Annual Clity Marketing Plan • Economic development and tourism videos • Print advertisements in key markets/publications • Public relations • Shop & dine business promotion programs • Village Faire (street fair in The Village) • Economic development collateral material/packets • Annual City Calendar • Quarterly City Report (newsletter) • Arnold Palmer Classic Course marketing • Cooperative marketing program with La Quinta hotels • City of La Quinta promotional logo Consistent with the City's consultant selection procedures and in consideration of Kiner Communication's extensive experience with La Quinta marketing programs, staff recommends that the City Council authorize the City Manager to negotiate an extension to the existing contract. This contract extension, once negotiated, would be brought back for City Council consideration. Alternatively, the City Council may authorize staff to initiate the formal consultant selection process (prepare and distribute an RFP). Kiner Communications is under contract to work on the City of La Quinta Marketing Plan for Fiscal Year 2008/2009. A study session to discuss marketing concepts for the upcoming year is scheduled for April 1, 2008. FINDINGS AND ,ALTERNATIVES: The alternatives available to the City Council include: 3 ((//�� 4,11, 1. Authorize staff to negotiate an extension to the City of La Quinta's contract with Kiner Communications for professional marketing services; or 2. Do not authorize staff to negotiate an extension to the City of La Quinta's contract with Kiner Communications for professional marketing services, and direct staff to prepare and issue a request for proposals for professional marketing services; or 3. Provide staff with alternative direction. Respectfully submitted, z�— W&¢ Douglas . Evans, Assistant City Manager — Development Services Approved for submission by: Thomas P. Genovese, City Manager 3?� COUNCIL/RDA MEETING DATE: January 15, 2008 ITEM TITLE: Consideration of Civic Center Campus Artists Acknowledgement Area Applications RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: �3 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Once the City Council approves the names of those individuals to be recognized as part of the artist's acknowledgment area, the names will be etched into the bronze plates as part of the artwork. It is anticipated that this process will take approximately 4 to 6 weeks. The cost of adding the names to the bronze plates will be approximately $20 per person. There is sufficient funding in the Art in Public Places Fiscal 'Year 2007-2008 Budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND ,AND OVERVIEW: On September 18, 2001, the City Council approved the criteria for the Acknowledgment Area monuments for veterans, artists and sports figures to be located on the Civic Center Campus. The criteria for the artist's area are listed below: 1. 3-year resident of La Quinta (past or present); and 2. National, state or local recognition and contributed to the City of La Quinta's image. 323 The field of art includes the following categories: Painting, sculpture, tile work, the performing arts, architecture, and landscape architecture. As of this report, the following two applications for artists have been submitted for consideration: Name Category Eric Johnson Painting / Sculpting Elliott Newton Sculpting Applications and supporting materials are on file with the Community Services Department. Once the individuals have been selected, staff will confirm with the individuals spelling of names and dates prior to having them placed upon the bronze plate. Staff is planning a special event entitled "Distinguished Artists of La Quinta" for February 23, 2008, at which time those listed as part of the Acknowledgment Area will be recognized, with a certificate being issued to each of the individuals. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the names of artists to be included on the Artist's Acknowledgment Area; or 2. Do not authorize the names of artists to be included on the Artist's Acknowledgment Area; or 3. Provide staff with alternative direction. Respectfully submitted, Edie Hylton / Community Services Director Approved for submission by: Thomas P. Genovese, City Manager 324 2 Tw!t 4 4 a" COUNCIL/RDA MEETING DATE: January 15, 2008 ITEM TITLE: Consideration of City Council Reorganization RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: That the City Council select a member to serve as Mayor Pro Tempore for a term as provided by Resolution No. 98-109. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The provisions of Resolution No. 98-109 require the Council to meet on the Tuesday after each general municipal election and choose one of its members as Mayor Pro Tempore, in accordance with Government Code Section 36801. Each selection shall be by three or more affirmative votes, and a failure to achieve such total of affirmative votes shall be deemed a selection of the incumbent to remain in office. Each person so selected shall serve until a successor is chosen (at any time) by three or more affirmative votes, provided that at the second regular meeting in November of each odd numbered year, the office of Mayor Pro Tempore shall automatically be reconsidered by the Council. At the December 5, 2006 meeting, the City Council adopted Resolution No. 2006- 122, declaring the results of the November 6, 2006 General Municipal Election, and appointing Council Member Sniff as Mayor Pro Tempore. it.0 325 The selection of Mayor Pro Tempore is being presented along with the reorganization of the Redevelopment Agency which is held during the first meeting in January. FINDINGS AND ,ALTERNATIVES: The Alternatives available to the City Council include: 1. Select a Mayor Pro Tempore to serve a term as provided by Resolution No. 98-109; or 2. Provide staff with alternative direction. Respectfully submitted, Veronica J ontecino, CMC City Clerk Approved for submission by: Thomas P. Genovese, City Manager mo T-af 4 4 a" COUNCIL/RDA MEETING DATE: January 15, 2008 ITEM TITLE: Consideration of City Council Standing Committee Appointments RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: -.5, CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Select representatives of the City Council to serve on various committees for 2008. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Each year the City Council selects Council Members to serve on a number of committees which provide regional and local representation for the City of La Quinta. Attachment 1 is a complete list of committees and the appointments made last year for the Council's consideration. FINDINGS AND ALTERNATIVES: The Alternatives available to the City Council include: 1. Select representatives of the City Council to serve on various committees for 2008; or 2. Do not select representatives of the City Council to serve on various committees for 2008; or 3. Provide staff with alternative direction. Respectfully submitted, City Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. List of Existing City Council Committee Assignments 328 ATTACHMENT NO. 1 CITY COUNCIL APPOINTMENTS COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS COMMITTEES COACHELLA VALLEY CONSERVATION COMMISSION: Member: Stanley Sniff, Mayor Pro Tern Alternate: Tom Kirk, Council Member Meets on the second Thursday at 11:30 a.m. EXECUTIVE COMMITTEE : Member: Don Adolph, Mayor Alternate: Stanley Sniff, Mayor Pro Tem Non -Voting Member: City Manager Meets last Monday of each month at 6.00 p.m. ENVIRONMENTAL AND ENERGY RESOURCES COMMITTEE: Member: Stanley Sniff, Mayor Pro Tern Alternate: Tom Kirk, Council Member Staff Support: Community Development Director or Designee Meets second Thursday of each month at 12:00 p.m. VALLEY -WIDE HOMELESS COMMITTEE: Member: No appointee at the present time Alternate: Staff Support: HUMAN AND COMMUNITY RESOURCES COMMITTEE: Member: Lee Osborne, Council Member Alternate: Tom Kirk, Council Member Staff Support: Community Services Director Meets fourth Wednesday of each month at 11:45 a.m. GRANT REVIEW AD -HOC COMMITTEE (Third Quarter) Member: Terry Henderson, Council Member Member: Lee Osborne, Council Member 3re? 9 Updated: December 18, 2007 PUBLIC SAFETY COMMITTEE: Member: Tom Kirk, Council Member Alternate: Terry Henderson, Council Member Staff Report: Building & Safety Dir. or Community Safety Mgr. Meets second Monday of each month at 10:00 a.m. TRANSPORTATION COMMITTEE: Member: Tom Kirk, Council Member Alternate: Terry Henderson, Council Member Staff Support: Public Works Director/City Engineer Meets third Monday of each month at 12:00 p.m. TECHNICAL ADVISORY COMMITTEE: Member: City Manager Meets second Friday of each month at 10:00 a.m. TECHNICAL PLANNING SUB -COMMITTEE: Member: Community Development Designee Alternate: Community Development Director Meets third Monday of each month at 8:30 a.m. TRANSPORTATION TECHNICAL ADVISORY SUB -COMMITTEE: Member: Public Works Director/City Engineer Alternate: Senior Engineer Meets fourth Thursday of each month at 1:30 p.m. PM10 TECHNICAL WORKING GROUP: Member: Community Development Director or Designee Alternate: Associate Planner Meets first Monday of each month at 1:30 p.m. Updated: December 18, 2007 14 339 ANIMAL CAMPUS COMMISSION: Member: Terry Henderson, Council Member Alternate: Lee Osborne, Council Member Meets every other month on the second Thursday at 9:30 a.m. BOB HOPE CHRYSLER CLASSIC AD -HOC COMMITTEE (established 12/18/07) Member: Member: Lee Osborne, Council Member Don Adolph, Mayor CALIFORNIA JOINT POWERS INSURANCE AUTHORITY: Member: Lee Osborne, Council Member (Appointed 117103) Alternate: Personnel/Risk Manager CALIFORNIA STATE UNIVERSITY SAN BERNARDINO LIAISON: Member: Appointed by: Authorized by Council: Management Analyst City Manager October 1, 1996 CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE Member: Stan Sniff, Council Member (Rotated: October 2007) Staff Support: Tom Genovese, City Manager Staff Support: Doug Evans, Community Development Dir. Staff Support: Maria Casillas, Management Analyst Meets every other month / Rotate after 3 consecutive meetings CENTER ART PURCHASE COMMITTEE Members: Lee Osborne, Council Member (appointed February 2007) Don Adolph, Mayor (appointed February 2007) Rotates Annually Updated: December 18, 2007 v , 3111 COACHELLA VALLEY ECONOMIC PARTNERSHIP Board Member: Tom Kirk , Council Member (one-year appointment in October 2007) Alternate: Lee Osborne, Council Member Staff Support: Management Analyst COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT LQ Representative: Terry Henderson (Board Member) Term: Filling Unexpired Term Expiring June 30, 2008) (Appointed 81710 - effective August 16, 2007) Staff Support: City Manager Meets second Tuesday of each month at 7:00 p.m. COACHELLA VALLEY MOUNTAINS CONSERVANCY Ex. Board Member: Tom Kirk, Council Member Alternate: Stanley Sniff, Mayor Pro Tern Staff Support: Community Development Director Meets second Monday of every other month at 3.00 p.m. COACHELLA VALLEY WATER DISTRICT JOINT WATER POLICY COMMITTEE Member: Don Adolph, Mayor Alternate: Terry Henderson, Council Member Appointed: September 22, 2004) IMPERIAL IRRIGATION DISTRICT - POWER CONSUMER ADVISORY COMMITTEE Member: Vacant - No La Quinta Representative at Present Position appointed by 11D Board - City may present a nomination when vacancy occurs JACQUELINE COCHRAN REGIONAL AIRPORT Member: Lee Osborne, Council Member Alternate: Terry Henderson, Council Member Staff Support: Community Development Director Meets fast Wednesday of each month at 4:00 p.m. at Thermal Airport Updated: December 18, 2007 ' • 332 LEAGUE OF CALIFORNIA CITIES — RIVERSIDE DIVISION Delegate: Terry Henderson, Council Member Alternate: Don Adolph, Mayor (Appointed: 12116197, 0110703, 01/06/041 LIBRARY SERVICE ZONE ADVISORY BOARD Member: Terry Henderson, Council Member (Appointed: 1011196) Alternate: Don Adolph, Mayor (Appointed: 1011196) PALM SPRINGS DIESERT RESORT COMMUNITIES CONVENTION & VISITORS AUTHORITY Ex. Board Member: Terry Henderson, Council Member Alternate: Don Adolph, Mayor Staff Support: City Manager Meets third Tuesday of each month at 9:00 a.m. at Palm Desert City Hall PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION LQ Representative: Nancy Doria (79-448 Calle Prospero /Appointed: 917104) Alternate: Michael Mastrogiuseppe (78-895 via Trieste1917104) 4-Year Term expires June 30, 2008 Meets the first & third Wednesday of each month at 8.00 a.m. RIVERSIDE COUNTY CHILD SAFETY COMMISSION Member: Terry Henderson, Council Member Alternate: Tom Kirk, Council Member RIVERSIDE COUNTY FREE LIBRARY SYSTEM ADVISORY COMMITTEE Member: Terry Henderson, Council Member Term: Two-year Term (Expires February 1, 2006) RIVERSIDE COUNTY TRANSPORTATION COMMISSION Commission Member: Terry Henderson, Council Member Commission Alternate: Don Adolph, Mayor (Both Appointed: January 7, 2003 /no expiration date) Meets second Wednesday of each month at 9:00 a.m, in Riverside 333 Updated: December 18, 2007 SANTA ROSA & SAN JACINTO NATIONAL MONUMENT ADVISORY COMMITTEE Commission Member: Terry Henderson, Council Member (Expires March 16, 2007) Meetings held 1" Saturday of every other month SCHOOL AD HOC COMMITTEE Member: Lee Osborne, Council Member Member: Stanley Sniff, Mayor Pro Tem SUNLINE TRANSIT AGENCY Board Member: Don Adolph, Mayor Alternate: Lee Osborne, Council Member Staff Support: City Manager Meets fast Wednesday of each month at 12:00 p.m. Updated: December 18, 2007 33 T'af 4 4 a" AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: January 15, 2008 BUSINESS SESSION: ITEM TITLE: Discussion of the City Maintenance Yard CONSENT CALENDAR: _ Master Plan, Project Number 2006-05 / STUDY SESSION: I PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: The proposed City Maintenance Yard Master Plan includes three projects, they are: a) a new Village/Cove Fire Station; b) a new traffic signal at Desert Club Drive and Avenue 52; and c) the City Maintenance Yard. Village/Cove Fire Station — Phases 1 & 2 (Attachment 1) Funding Sources Available Fire Development Impact Fee (DIF) County Fire Credit/Surplus Account $4,215,841 Transportation DIF S 430,000 Total Revenue 54,645,841 Expenses: _ Phase 1 Fire Station Construction $3,745,323 Phase 2 Fire Station Construction $ 87,260 Design (10%) $ 383,258 $4,215,841 _ Traffic Signal - Desert Club & Ave 52 $ 430,000 Total $4,645,841 .4.0 335 The $1 .4 million has not been collected in the Fire DIF, therefore a loan to the Fire DIF from the County Fire Credit/Surplus Account will be required. The Phase 1 & Phase 2 costs above include: general conditions (6%), contingency 0 5%), escalation (60/0), bonds (2%) and contractor's fee (5%). Cost estimates do not include prevailing wage. As demonstrated above, sufficient funds are available for the design and construction of the Village/Cove Fire Station. City Maintenance Yard - Phases 1 & 2 (Attachments 2 & 3) Funding Sources: Available Unavailable FY2007-08 CIP -- Design $345,000 S 345,000 RDA Project Area #1 -- Construction (1) $904,520 904,520 Developer Impact Fee (DIF) - Const. 51,421,827 $1,421,827 Total Revenue $2,671,347 $345,000 $2,326,347 (1) The above mentioned RDA No. 1 funding was identified in the FY 07/08 Capital Improvement Program for possible funding in FY 08/09. Below is a brief description of what is included in Phase 1 of the proposed City Maintenance Yard Master Plan: 11 Office & Crew Quarters (5,325 SF) that will house the Maintenance Services Division Manager, three Supervisors, employee restroom & shower facilities, lockers and employee meeting and break room area; 2) Maintenance Shop Area (8,500 SF) to be used for vehicle maintenance, sign shop, equipment & tool storage and traffic signal shop; 3) Vehicle Parking 39 spaces (14 spaces uncovered and 25 spaces covered); 4) Equipment - including items such as storage racks, cabinets, shelves & bins, work benches, hand wash station, emergency eyewash & shower, equipment lift, vise, grinder; 5) Street Sweeping Decant Station (1,800 SF) includes room for four large dumpsters and concrete pad with clarifier in order to properly decant and dispose of material collected by street sweeping operations; 6) Material Storage Bunkers five material storage bunkers for gravel, rock, decomposed granite (DG), sand, etc. 7) On -site and Off -site work - connections to water, gas, sewer, drainage, telephone, electrical utilities and paving. 336 We have received a cost estimate from PB Americas consultant and reviewed costs for similar type improvements built locally versus nationally and see a range of up to $490/SF of building space. Rancho Mirage and Palm Desert have both recently constructed similar maintenance facilities at a total cost of $3.2 to $5.5 million respectively. "Green" building enhancements, such as solar panels, covered parking stalls could also be included in the final project design. Below is a brief description of what is included in Phase 2 of the proposed City Maintenance Yard Master Plan: 1) Enclosed Stogie (9,200 SF) for barricades, materials and supplies, small tools and equipment. This area includes storage for other City department operations, including park maintenance, animal control, Community Services Department, and Emergency Services. 2) Covered Vehicle/Equipment Parking (17,700 SF) for small, medium and large vehicles and other equipment (backhoe, trailers, etc.). Spaces will be provided for City code enforcement, animal control, facility maintenance vehicles. 3) Equipment Wash Station (1,620 SF) for cleaning vehicles and equipment and proper handling of the rinse water; 4) Fuel and CNG Station (2,000 SF) gasoline and diesel fuel for maintenance equipment and CNG for street sweepers; 5) Equipment including items such as fueling station tanks, dispensers & hoses, fuel management system, equipment wash & vacuum system, hazardous material storage building. 6) On -site and Off -site work — connections to water, gas, sewer, drainage, telephone, electrical utilities and paving. The estimated costs for the Phase 2 Improvements range up to $400/SF of building space. As demonstrated above, the adequacy of existing funds would depend on a number of factors such as square footage of building space constructed, actual item costs at the time of construction, whether or not prevailing wages are required, and economies of scale that may be possible through combinations of improvements. Moving forward with the design of the Phase I Improvements will allow the, City to determine more accurate unit costs and overall construction costs in order to determine what the ultimate scope of the Phase I and Phase II improvements should be. CHARTER CITY IMPLICATIONS: Not determined at this time. Funding sources will be identified at a future date. 337 BACKGROUND AND OVERVIEW: In January 1989, the Fritz B. Burns Foundation granted property to the City (Lot 2 of Tract 19203) for use as a community park. In order to maintain the Fritz Burns Park, the City built a temporary maintenance facility utilizing the old City Hall trailers as offices on the Fritz Burns Park land. Since the original date of the Grant Deed, the City acquired additional land, and combined if with the property gifted by the Fritz. B. Burns Foundation, to develop a larger park than was originally envisioned. The City desired, and recognized the need for, given the age of the temporary facilities, a permanent maintenance facility in the Fritz Burns Park in order to provide the necessary maintenance services for the park facility and for other public facilities throughout the City. In November 2005, the City entered into an ",Agreement for Expanded Use of Prior Grant" with the Fritz B. Burris Foundation permitting the City to construct a permanent City maintenance facility on the granted property. On November 7, 2006, City Council authorized solicitation of a Request for Proposals (RFP) to prepare a master plan and preliminary site plan for the City maintenance yard. On March 20, 2007, City Council approved a Professional Services Agreement (PSA) with PB Americas, Inc. for the City's Maintenance Yard Master Plan, Project No. 2006- 05. On March 21, 2007, a project kick-off meeting was held and PB Americas conducted information gathering interviews and site visits. A questionnaire was also prepared by PB Americas to gather additional information used to prepare draft design criteria for the project. On April 23, 2007, a design charrette was conducted with staff in order to prepare a master plan conceptual design. On May 1, 2007 the City Council held a public hearing to discuss the Fiscal Year 2007/2008 Capital Improvement Plan, which included funding for the design phase of CIP Project No.:2006-05. On June 21, 2007, the City Council approved its Fiscal Year 2007/2008 Capital Improvement Plan (CIP) budget, which included $345,000 for the design phase of CIP Project No. 2006-05. Discussion Items: The purpose of this study session meeting is to present and discuss the proposed City Maintenance Yard Master Plan (Attachment 4) that has been prepared by PB Americas, Inc., in cooperation with City staff and other project stakeholders. ,; 338 Village/Cove Fire Station (Attachment 11: Fire Station No. 32 is located at the easterly end of Frances Hack Lane on property owned by the County of Riverside. A cell tower is located on the property which would remain in place according to the proposed master plan. The Riverside County Fire Department recommends that Fire Station No. 32 hie relocated to the northerly end of the City's maintenance yard site in order to gain direct access to Avenue 52 and reduce emergency response times. Phase 1 of the project includes construction of a new 6,000 square foot fire station, employee and visitor parking, landscaping and perimeter fence and gates. As a "green" project, additional items could be added such as solar panels on top of the covered parking area. Phase 2 of the project is the demolition of the existing fire station. Potential funding sources for constructing a new fire station on Avenue 52 include Fire County Credit/Surplus Account, the City's Fire DIF as well as funds that were anticipated to be used for expanding the existing Fire Station No. 32 by 3,500 square feet. The Fire Department anticipates that the City would coordinate its Capital Improvement Project (CIP) for the installation of a new traffic signal at the intersection of Avenue 52 and Desert Club Drive with the construction of the new fire station. There is currently $430,000 programmed in the Transportation DIF and available for a new traffic signal at Desert Club and Avenue 52. If City Council approves relocating the fire station to Avenue 52, City and Fire Department staff would initiate talks with the County to deed over the property and cell tower where Fire Station No. 32 is currently located. Dependent on Council direction, a portion of Frances Hack Lane and the cul-de-sac would be vacated and the old Fire Station No. 32 would be demolished as part of Phase 2. The Fire Department also recommends that the existing emergency fire access gate at the end of the cul-de-sac on Frances Hack Lane leading into The Tradition development remain in place, and that an access easement be granted to allow fire access to this gate through the City's maintenance yard. Au 339 City Maintenance Yard — Phase 1 (Attachment 2): Because the City has not been able in the past to construct permanent structures on the donated land, the existing trailers in use at the City's maintenance yard do not adequately support the City's growing maintenance operation. Maintenance staff operates out of aging trailers, and many City departments use railroad car type containers for storage. Equipment and supplies are currently stored outside, where they are subject to the weather and cannot be properly secured. Employees perform equipment repair, sign maintenance and other work outdoors. Street sweepings and other contaminants can not be properly handled at the current site. The existing site does not provide employees with adequate restrooms, lockers, shower, meeting or break room facilities. The site is also currently connected to a septic system. The proposed Master Plan includes connections for all new buildings to the sewer system. The work in both Phase 1 and 2 could be accomplished in such a way as to not disrupt the delivery of City services. In addition, the City could use the existing fire station building until such time as Phase 2 work begins. Completion of Phase 1 will also bring the City's street sweeping (decant station) operation into compliance with storm water regulations. City Maintenance Yard — Phase 2 (Attachment 3): Currently, all City maintenance fleet vehicles are fueled at private gas stations or at off -site CNG fueling stations. Specifically, the street sweepers must travel to Indio to fill up their tanks with CNG on a daily basis resulting in significant loss of production due to travel time. The City's Maintenance Yard also serves as a designated staging area for emergency service operations. Constructing a fueling station on this site improves the City's emergency response capabilities and reduces dependency on others. Completion of Phase 2 will also allow on -site equipment washing in compliance with storm water regulations. Attachment 4 shows the complete City Maintenance Yard Master Plan at build out. Staff seeks direction from the City Council on the following: • Should staff proceed with the Fire Department's recommendation to relocate Fire Station No. 32 from Frances Hack Lane to Avenue 52 and begin design of a new fire station at that location? .. 340 • Does the City Council desire a permanent maintenance facility at the current location as the temporary facility or should another site be found? • Should the Maintenance Yard Master plan be finalized and design initiated in accordance with the proposed phasing? Next Steps: Depending on City Council direction, the following steps would be necessary in order to carry out the proposed City Maintenance Yard Master Plan: 11 Prepare preliminary cost estimates with possible funding sources to be included in this year's Capital Improvement Program and Developer Impact Fee budget discussions. 2) Initiate a General Plan revision, re -zoning of parcels identified in the Master Plan from Parks and Recreation (P) to Major Community Facilities (MC) designation, and complete an environmental review of the Master Plan; 3) Work with Riverside County Fire Department to have the existing Fire Station No. 32 property and cell tower deeded to the City from the County. Respectfully submitted, Ti othtR ona/j� blic Di�f ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. New Village/Cove Fire Station on Avenue 52 2. City Maintenance Yard Master Plan - Phase 1 3. City Maintenance Yard Master Plan - Phase 2 4. City Maintenance Yard Master Plan - Complete 341 fSSF��1 FJ3� ATTACHMENT 1 NEW MA c VM& AT AVENUE 51 ANB DMRT CLUB DRIVE , J I i FRANCIS RACK LN 1 a.,WWDNW�A �B,.WIN�.m— RIO]IEGT �EMro ,mN, City of La Quints _ �,AWNB� MAINTENANCE YARD ARCHITECTS = - =° 342 PITA551 ..c wre mnWmm � , Phase la MASTER PLAN --•w •— w ; dWa ATTACHMENT 2 —� NEW DESERT FFICXU SIGNM AT AVENUE 51 AND DESERT 0.U8 DRIVE ' - p�N�Eg� / 1 I I l I i � I I I � I M LO I P G I ( ) ( 11) I --� mmm / a>Ew sPADEs I I MAJNT O P IM MAINT MI �� 9DNAL DAY fAIB STAR SNN7/) 1 I AndrCANT IL—J I irD I C I AFTER ST C01�1ow OP NEW STATION, an COUID USE - TIE OLO FRE STATION BUIIDINp THE UNM PRAY It IS INITIATED 1 I - I I o I I I FRANCIS HACK LN 1 3 0 0 o MaDNw.Wen 3 Ib duvnNai5' City d La QuintaMAINTENfUJCE YARD MASTER PLAN ^�"' �"� PRaecT PITASSI ARCHITECTPheSe ZE ATTACHMENT 3 p FRANCIS HACK LNI , J 1 1 I 1 I I I I , , , , I i �APPICADE, IA) STCPACE I r J Iam AIN EH -T Iu=y I _ EDW ENCIAS♦D S1piAGE I 1 pl II,`pAgRM4-�I I C� PARKS EN MD I P CI ENCLOSED I I SmRAm N ONL%4 n ESNmRAAa r— UNRE �I - ENLIDSED I WA4 EO I WASH END TARP $ AM r� 0 40 W CMWMONUMBFA gGWM:TRE FROICCIT � Ap.ECENO ,IBV 31 (� City of La Duinta oRAWNP, Y MAINTENANCE YARD ^A=�—^ 9 PITAS51 ARCHITECTS..c MT¢ mnoxm PHASE 11 MASTER PLAN —"t9=. >---•,----.•— ''^'°'"' � E �° — �,T6•,I�114L:, —�I ¢�T.! T.u"ET�R J C ! TRAMC SWAL AT AWNUE 53 ANO DESERT CLUB O.w P�NpE 81 0 P K N o zo) __ i AEKINT EO 5 R YAY YNNT PA NC BAT SNOP iCR 51� SICI Wre STOR � I I L---I wri WAu nu T-T Imo" ` _1 FM- tJ I�Eq I U T _ r'I I � C� � NflIICIE PA �I V) 1 1 n WASH E0 'g II PUEL I WASH i F CSlG IL__J FRANCIS MACK LN r ATTACHMENT 4 T.m-I FUTURE ENCLOSED STWADE EY SERV ENCLOSED STWACE YAM STWADE CMWN3NUY 345 FINAL seBa• - D��,RLE—ED, Ciry of La Duinta MAINTENANCE YARD^ MASTER PLAN _ —'w PITASSI ARCHITECTS Aa H.No ,. W,•,�,�. D E wN.e omomv ,wa• REPORT/INFORMATIONAL ITEM: _� 7 INVESTMENT ADVISORY BOARD Meeting December 12, 2007 CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 4:34 P.M. by Chairperson Denial, followed by the Pledge of Allegiance. PRESENT: Board Members Ross, Moulin, Daniel ABSENT: Board Member Rassi and Park OTHERS PRESENT: John Falconer, Finance Director, Vianka Orrantia, Secretary and Shrish Patel of Lance Soll, Lunghard LLP A. City of La Quinta FY 06/07 Audited Financial Statements: Mr. Patel, Audit Manager of Lance Soll, Lunghard LLP presented the Audited Financial Statement. He advised that this was the City's first audit with their firm and he would review the firms audit test work, along with a review of the CAFR and the cash footnotes. Mr. Patel also advised that the audit firm conducts the City's field audits twice a year, the interim field work was conducted the week of June 181h and the year-end fieldwork was conducted the week of August 13`h. He further advised that part of the interim process is a cursory review of cash, a review of the timeliness of the bank reconciliations and a verification of the investments listed on the Treasurers Report are in compliance with the City's investment policy, which at this time there were no findings to be reported. Mr. Patel advised that the year-end audit is a more detailed audit of the bank reconciliations verifying any unusual unidentified variances. The outstanding checklist and deposit and transient listing are also reviewed verifying their amounts. In addition, the total cash by fund is tied out from the City's general ledger to the adjusted cash and investments by bank making sure they are reconciled. Cash and investments are also verified with the various institutions in which the funds are held. Again, there were no findings to be reported. Mr. Patel reviewed the following items from the 2006/07 CAFR for the Board: Page 41; Footnote 3: The disclosure of the required cash footnote follows the requirements of GASB 40 and GASB 31. GASB 40 became effective in fiscal year 04/05, eliminating the provisions of GASB 3 and GASB 31 is requirement to record the investments of the City at fair market value. GASB 40 requires an auditor to identify and address in the form of disclosure of footnotes, the various* risk 346 Investment Advisory Board Minutes December 12, 2007 categories as they relate to cash and investments. The first total in Footnote 3 is the City's total cash and investments totaling approximately $213 million, this amount is derived from the statement of net assets on page 15 and the statement of fiduciary net assets on page 31. Mr. Patel advised that the footnotes go on to disclose the various types of investments that are authorized by the City's investment policy and the California State Code. Mr. Patel stated that the City's investment policy seems to be more conservative in terms of acceptable investments. One example, risky reverse repurchase agreements, which are permitted by the State code and not City code. Page 42; Footnote 3 cont'd: Reflects the City's various investments, those allowed by State code and the City's code. Mr. Patel advised that the footnotes disclose investments authorized by debt agreements. Currently the City has approximately $61.5 million in cash and investments held by bond trustees as a result of bond proceeds and issuance of debt. Mr. Patel also advised that authorized investments reflected are not governed by the State or City code and are provisions of the bond covenant. (The table on page 42 identifies those investments that are authorized by the various debt agreements held by the City.) Mr. Patel advised that these investments tend to be fairly conservative in nature and fairly liquid as well. Page 43; Footnote 3: The table reflects $6 million currently held by money market funds and $54.8 million in U.S. Treasury Bills. Mr. Patel advised that the remaining footnotes disclose the various risks disclosures that are part of GASB 40. Mr. Patel also advised of the five different types of risk disclosures that are required to be disclosed by the City; they are interest rate risk, credit risk, concentration of credit risk, custodial credit risk and the foreign concentration risk. The foreign concentration risk is not disclosed. Mr. Patel proceeded with an overview of each risk, in addition to examples of each risk. In response to Board Member Moulin, Mr. Patel advised that part of the overall audit is to review the compliance of the investments according to the City's investment policy and reflected on the Treasurer's report there is wording to indicate that investments are based on the cash flow requirements. 'r) 347 Investment Advisory Board Minutes December 12, 2007 Mr. Falconer advised that the state code requires the Treasurer to make a statement that there is adequate liquidity for the next six months, if not this would need to be reported. Chairperson Daniel asked if the auditors reviewed the model set up by the Treasurer to forecast cash flow needs. Mr. Patel responded that the auditors did not. Chairperson Daniel suggested that next year the auditors review the cash flow forecasting model used by the City. Board Member Moulin concurred. Mr. Patel advised that this is not a procedure normally performed by the auditors but could incorporate next year with the coordination of City staff. Board Member Moulin asked if the internal controls were compromised by the City staff due to the size of the department and their close working relationships. Mr. Patel advised that part of the audit is to review internal controls verifying segregation of duties and what sort of approvals are in place. Mr. Patel also advised that having an Investment Advisory Board to review investment reports is an added extra level of control, which is not very common with other cities. He further advised that the statement of auditing standards for the upcoming year will include not only looking at these controls but verifying that these controls are in place. In response to Board Member Moulin, Mr. Falconer advised that as part of the City ordinance payroll checks require two "wet" signatures, the authorized signers are the Mayor, the Mayor Pro Tem, the City Manager and the Treasurer, on average there are about fifteen payroll checks with "wet" signatures and the rest are direct deposits. Mr. Falconer also advised that the City normally generates approximately 300 to 350 accounts payable checks, these checks are signed with a facsimile plate on behalf of the City Manager and the second signature is always a "wet" signature generally signed by the Treasurer. Board Member Moulin commented that he had a concern regarding the dual signatures and the review of the checks by the second signer. Mr. Patel commented that there is a review by his audit staff regarding the signature of checks. 3 34S Investment Advisory Board Minutes December 12, 2007 Mr. Falconer advised of the procedures of invoice payments and the steps involved prior to generation of payment and signature. In response to Board Member Ross, Mr. Falconer advised that if there were an inquiry regarding a payment or non-payment to a vendor, the computer system is able to generate a report of all invoices and payments made to that particular vendor. Board Member Moulin commented that it was his understanding there were no material weaknesses found in regards to cash and investments. Board Member Moulin asked if the auditors had any suggestions that pertained to this area, in addition to asking how one would define material weaknesses. Mr. Patel advised that the term "material weakness" has been replaced and the new term now used is "significant deficiencies" and there were no significant deficiencies found in the areas of cash and investments. Board Member Moulin asked if there were any comments from the auditors regarding the operation of cash and investments a's compared to other cities in similar size. Mr. Patel stated that he felt the City's portfolio was pretty conservative as compared to cities of similar size, therefore there is no concentration of credit risk. Chairperson Denial thanked Mr. Patel for his review of the City's audit. Mr. Falconer advised that he would include a copy of the City's follow up letter from the auditors in the next scheduled meeting's agenda packet. Noted and Filed II Public Comment — None III CONFIRMATION OF AGENDA — None. IW CONSENT CALENDAR A. Approval of Minutes of Special Meeting on October 9, 2007 and November 14, 2007 for the Investment Advisory Board. 4 349 Investment Advisory Board Minutes December 12, 2007 Chairperson Daniel advised that she had a handout of typed revisions to the meeting minutes and would like them included as part of the amended minutes. One of the revisions was the title of the October 9`" meeting. Title of. Meeting: "Special" Meeting, should be Regular Meeting. Mr. Falconer advised that upon checking with the City Clerk's office they informed him that any meeting conducted on any other day than the regular scheduled meeting is considered a "Special Meeting." Therefore the title is correct as is. Chairperson Daniel asked the other Board Members if they had any comments to the meeting minutes. Board Member Moulin advised that because he was not in attendance at the October 91h meeting he could not make any comments to the minutes and the meeting minutes of November 14'h he contacted staff with his changes. Board Member Ross advised that on Page 2 of the Minutes of October 9th, page 2, second paragraph should read: Councilman Osborne reiterated the concerns of Council, these being; what is 5`" paragraph, last sentence should read: if decided, he would report to City Council, which the he already does with LAIF. 6t' paragraph, first sentence: Chairperson Daniel reviewed LAIF's various investments and advised that the only difference in LAIF - Board Member Ross advised that to his recollection he thought Chairperson Denial used the word "main" not the word only. Page 3, 7"' paragraph should read: Mr. Falconer advised that he has been opposed to hiring a professional E 359 Investment Advisory Board Minutes December 12, 2007 portfolio management firm because the current market JR de not warrant it at this time. Page 4, 5" paragraph: Chairperson Daniel advised of market risk, a risk of interest rate fluctuations. For example: when the value of commercial paper files OWN and the interest rates decline Emi and when the value of the investments decline the interest rates rise, if held to maturity the principal will always be collected. Chairperson Deniel advised that this paragraph was listed on her handout as part of the amended minutes. Mr. Falconer advised that staff relies on what is said during a meeting and minutes will reflect those comments. Chairperson Deniel advised that she typed her corrections to help staff transcribe what was said and clarified her corrections to the meeting minutes. Chairperson Denial asked Staff for clarification to the meeting minutes of November 14th' page 3, second paragraph, V sentence, which reads: at $488 W million, with a permissible $45 million to invest. Mr. Falconer clarified for the Board that he was trying to convey that the total portfolio of the City was $180 million and would be limited to a maximum of $45 million. MOTION - It was moved by Board Members Ross/Deniel to approve the minutes of October 9, 2007 as amended. Board Member Moulin advised the Board of his change to the November 14`" meeting minutes, page 7, 151 sentence Board Member Moulin stated that he felt that, never was a loss in principal in LAIF, liquidity is a possible issue. General discussion ensued among the Board regarding LAIF'S liquidity. 6 351 Investment Advisory Board Minutes December 12, 2007 It was moved by Board Members Moulin/Ross to approve the minutes of November 14, 2007, as amended. Motion carried unanimously. V BUSINESS SESSION A. Transmittal of Treasury Report for October 2007 Mr. Falconer presented the Treasurer's report and advised that portfolio declined $7 million with an ending monthly balance at approximately $180 million. Mr. Falconer also advised that the City pools were at approximately 5.10% at the end of October with the money market funds with the fiscal agent at 4.84%, with the six month treasury bill yield at 3.94% ending with the overall yield just over 5%. Mr. Falconer advised that on pages 5 and 7 reflect two commercial papers currently held by the City, Merrill Lynch and AIG Funding,(due to mature in January) which have recently been in the media lately. In response to Board Member Ross, Mr. Falconer advised that the broker/dealer's provide a security description page on the paper being purchased, and at the time of purchase Merrill Lynch and AIG Funding were rated as an Al + and Merrill Lynch has been now down graded to an Al. In response to Board Member Ross, Board Member Moulin advised that AIG Funding was similar to GE Capital. Mr. Falconer advised that it is getting harder to obtain good quality paper. He further advised that the average maturity is out 116 days. MOTION - It was moved by Board Members Moulin/Ross to approve, receive and file the Treasury Report for October 2007. Motion carried unanimously. Board Member Moulin advised the Board of his conversation with Councilwoman Henderson at the open house luncheon. In his conversation with Councilwoman Henderson, he asked her to clarify her comment made at the joint meeting in regards to LAIF. Councilwoman Henderson stated that LAIF deserves another look. Mr. Falconer advised that Councilman Henderson asked him what she VA 352 Investment Advisory Board Minutes December 12, 2007 meant, his feeling as to her comment was that she felt that a discussion of LAIF should be included as part of the investment policy review. Board Member Moulin advised that Councilwoman Henderson proceeded to say that LAIF has investments that are not authorized by the City's investment policy. This was an issue in prior years with previous board members and council members. Board Member Moulin suggested this be added to the work plan. Chairperson Daniel advised there will be a review of the investment policy with the Board taking another look at LAIF. She further advised the Board will also be consolidating topics so that they are not spread throughout the policy. Chairperson Daniel commented that she felt that the section regarding the professional portfolio management firm be changed from Council's authorization and/or approval to that of the Treasurer. She also commented that while LAIF has investments not authorized by the City's investment policy, LAIF has a full staff of qualified investment professionals that dedicate their time monitoring the state's portfolio. Chairperson Daniel advised that these investments are within state regulations. Board Member Moulin advised that previous concerns regarding LAIF were that they were subject to political influence, but have since been clarified and the risk is minimal. VII CORRESPONDENCE AND WRITTEN MATERIAL A. City of La Quinta FY 06107 Audited Financial Statements This item was discussed at the beginning of the Investment Advisory Board meeting. B . Month End Cash Report — November 2007 Mr. Falconer advised that page 7 reflects a drop in the daily yield PMIA and this is an indicator that LAIF is dropping with the market. Noted and Filed 8 353 Investment Advisory Board December 12, 2007 Minutes C. Pooled Money Investment Board Report — September 2007 Mr. Falconer informed the Board that the States of Florida, Maine and Montana's pools are currently in trouble due to investments in subprime mortgages. LAW has issued a statement to all participants informing them that they never investment in these types of vehicles. Mr. Falconer also advised of his conversation with Dan Dowell, the Head Investment Trader in Sacramento and the criticism received for not yielding what other states were yielding. General discuss ensued among the Board regarding some of PMIA's investments on page 2 of the report. Noted and Filed D. October 23, 2007 Joint Meeting Minutes with the City Council Chairperson Daniel asked why the minute's state "due to a lack of quorum" a meeting was not held. Mr. Falconer clarified that discussion took place during this joint meeting but there was no action taken due to a lack of quorum from the Investment Board. Chairperson Daniel stated that her understanding was that the Board was invited to speak with Council if there were any issues that needed to be addressed, but did not realize that a quorum was required. Mr. Falconer advised that at the previous Board meeting he would provide an analysis of the investment percentage changes by year, the first page is the percentages and the second page is the changes. He also advised that this is not a static document, it changes from year to year, and we will be discussing these percentages again in January. Noted and Filed VIII BOARD MEMBER ITEMS Vill Adjournment MOTION - It was moved by Board Members Moulin/Ross to adjourn the meeting at 5:35 p.m. Motion carried unanimously. ,9 354 Investment Advisory Board Minutes S fitted Vianka Orrantia Senior Secretary December 12, 2007 ' ` O 355 REPORTS & INFORMATIONAL ITEMS: c9_0 COMMUNITY SERVICES COMMISSION MINUTES November 19, 2007 CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 5:30 p.m. by Chairperson Weber. Vice -Chairperson Leidner led the audience in the Pledge of Allegiance. COMMISSIONERS PRESENT: Commissioner Sheldon Brodsky Commissioner Andrea Gassman Vice -Chairperson Bob Leidner Commissioner E. Howard Long Commissioner Dori Quill Commissioner Robert F. Sylk Chairperson Mark Weber STAFF PRESENT: Edie Hylton, Community Services Director Steve Howlett, Golf & Parks Manager Kimberly Mack, Museum Services Manager Robert Ambriz, Jr., Recreation Supervisor Christina Calderon, Recreation Supervisor Angela Guereque, Community Services Senior Secretanr PUBLIC COMMENT Commissioner Quill introduced herself to the Commission and requested attendance at the California Parks and Recreation Society Conference in February 2008. Director Hylton stated that she would look into adding an additional Commissioner to this conference. CONFIRMATION OF AGENDA Motion - It was moved by Commissioner Gassman and seconded by Commissioner Sylk to confirm the agenda. Motion carried unanimously. PRESENTATIONS: Ms. Veronica Montecino, City Clerk, presented the Rules of Procedures for Commission Meetings noting that all meetings must be open to the public and the Brown Act applies to the Commission. 355 Community Servings Commission Minutes November 19, 2007 7- APPROVAL OF MINUTES 1. Approval of October 8, 2007 Minutes Motion — It was moved by Commissioner Gassman and seconded by Commissioner Sylk to approve the minutes as submitted. Motion carried unanimously. CONSENT CALENDAR None. PUBLIC HEARING None. BUSINESS ITEMS 1. Consideration of a Letter of Support to the Coachella Valley Community Trails Alliance. Commissioner Gassman suggested changing "would like to express" to "expresses" in the first sentence of the letter. Motion — It was moved by Commissioner Sylk and seconded by Commissioner Long to recommend the Letter of Support as amended be signed by Mayor Adolph on behalf of the City. Motion carried unanimously. 2. Consideration of Two Tile Murals in Old Town Commissioner Brodsky commented on the location of Mural #1 to the fact that Ms. Locken had previously stated this mural would be placed in the same place as the original piece. Ms. Locken stated that the murals are not going to be in the original location. Commissioner Sylk stated that Mural #1 is in a good location, but Mural #2 is not in a public place for viewing. Commissioner Quill feels that $4,000 is nothing to pay out of $500,000 in the Art in Public Places account. Commissioner Long stated he also felt that Mural #2 is not in a public place for viewing and has a problem paying more for an Art in Public Places piece than the developer has actually paid in fees. 357 C.unmwnily Services- Commission Minutes November 19, 2007 3- Commissioner Gassman stated the coffee shop is a focal point and the lighting will enhance this area. Commissioner Brodsky stated that he would like this project to work and he feels that the City lost the money. Ms. Locken stated that Old Town will be paying for and adding lighting to the coffee shop location. Vice -Chairperson Leidner stated that he does not feel the coffee shop serves the; public and doers not feel that the developer should receive more money than they have paid in Art in Public Places fees. Chairperson Weber stated that Mural #1 is very prominent and Mural #2 at night will be prominent but is concerned about setting a precedence of funding more than a developer has contributed. Motion — It was moved by Commissioner Gassman and seconded by Commissioner Quill to recommend both tile murals at $15,500 from Art in Public Places. Motion failed with Chairperson Weber, Vice -Chairperson Leidner, Commissioner Long, and Commissioner Sylk opposing. Motion — It was moved by Commissioner Long and seconded by Commissioner Leidner to recommend the purchase and installation of Mural #1 at $8,500 from Art in Public Places. Motion carried with Commissioner Quill opposing Chairperson Weber stated that he does not like funding more than the developer has paid in Art in Public Places fees. Vice -Chairperson Leidner stated he does not like funding more than the developer has paid in Art in Public Places fees and does not like the location of Mural #2. Commissioner Brodsky stated he does not like the location of Mural #2. Commissioner Gassman stated she has no problem with the funding if that amount can be debited from Phase 3. Commissioner Long stated he does not like funding more than the developer has paid in Art in Public Places fees and does not like the location of Mural #2. Motion — It was moved by Commissioner Quill and seconded by Commissioner Gassman to recommend Mural #2 at $8,000 with the developer having a debit from Phase 3 for up to $3,080. 353 Community Services Commission Minutes November 19, 2007 4- Motion carried with Vice -Chairperson Leidner, Commissioner Long, and Commissioner Sylk opposing. Chairperson Weber stated that the two murals have been voted on separately and if both murals are approved, we will receive a $1,000 discount from the artist. Chairperson Weber stated that he supports both locations with a debit from Phase 3 and City Council will see the Commissions concern with the location of Mural #2. Commissioner Sylk stated that he felt Mural #2 is in a place that is not considered Art in Public Places. 3. Consideration of a Recipient for the 2008 Senior Inspiration Award Program Director Hylton stated that the City Council suggested the Community Services Commission make a recommendation of a 2008 Senior Inspiration Award recipient. Ms. Calderon noted that Mr. Hertberg has been active at the Senior Center with events and activities and that Ms. Gunn is active with the Library. Commissioner Gassman asked how long the nominees have been residents. Ms. Calderon stated that residency is not a question asked of nominees. Commissioner Gassman suggested residency be a part of the nominations in the future. Motion — It was moved by Commissioner Long and seconded by Commissioner Sylk to recommend Diane Gunn for the 2008 Senior Inspiration Award Program. Motion carried unanimously. CORRESPONDENCE AND WRITTEN MATERIALS Monthly Department Report for September 2007 Director Hylton noted the increase in Fitness Center participants since the morning hours were added. Commissioner Gassman thanked staff for the Park Activities Updates. 2. Calendar of Monthly Events Director Hylton added the following events to the calendar: Griffin Ranch Art in Public Places dedication on November 27, 2007 at 3:30 pm. Mom's Club Dedication on November 29, 2007 at 10:00 am. Director Hylton stated that staff will be planning a tour for parks and art in mid February 2008. 4 359 ,oNnrm,nity Services Cammssion Minutes November 19, 2007 5 COMMISSIONER ITEMS I . Reports from Commissioners Regarding Meetings Attended. Commissioner Brodsky attended the Healthy Parks conference; Andalusia Art in Public Places dedication; and Blues, Brews, and BBQ's. Commissioner Gassman attended the Andalusia Art in Public Places dedication; the: Carlsbad excursion; Trails Day; and Blues, Brews, and BBQ's. Vice -Chairperson Leidner attended the Andalusia Art in Public Places dedication and Blues, Brews, and BBQ's. Commissioner Long attended the Andalusia Art in Public Places dedication and Blues, Brews, and BBQ's. Commissioner Quill attended the Healthy Parks conference; Trails Day; and Stargazing. Commissioner Sylk attended the Andalusia Art in Public Places dedication. Chairperson Weber attended a training session in Costa Mesa; the Healthy Parks conference; Blues, Brews, and BBQ's; and the Andalusia Art in Public Places dedication. OPEN DISCUSSION Director Hylton introduced Kimberly Mack, Museum Services Manager, to the Commission. Commissioner Long asked how the improvements at SilverRock Resort are coming for the Bob Hope Chrysler Classic. Mr. Howlett gave a brief update on all of the improvements at SilverRock Resort. Commissioner Sylk suggested the installation directional signs on Washington Street and Jefferson Street warning of upcoming turns to get to SilverRock Resort. Commissioner Quill suggested the Activities Brochures be mailed out in a timer/ manner, not too early and not too late for activity registrations. She was disappointed in Trails Day with only 150 people attending. She suggested trails maps and bike maps be brought to Trails Day for handouts. Director Hylton suggested the Commission add Trails Day to their Work Plan. Commissioner Quill suggested having banners at Highway 111 and Washington Street for event promotion. 'A..� 369 Con,munry Se:vwoe Cnmmisson Minutes Novernber 19, 2007 6 Chairperson Weber handed out information on the CPRS/CAPRCBM Regional Gathering held in Costa Mesa in October. ADJOURNMENT It was moved by Commissioner Sylk and seconded by Commissioner Long to adjourn the Community Services Commission meeting at 7:30 p.m. Motion carried unanimously. NEXT MEETING INFORMATION: A Regular Meeting of the Community Services Commission to be held on December 10, 2007 commencing at 5:30 p.m. in the La Quinta Senior Center, 78-450 Avenida La Forida, La Quinta, CA 92253. *aGue ue Community Services Senior Secretary 361 REPORT/INFORMATIONAL ITEM: a -I MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA December 11, 2007 C"1111111111119KC09IL i 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 Wilkinson to lead the flag salute. B. Present: Commissioners Katie Barrows, Paul Quill, Robert Wilkinson, and Chairman Ed Alderson. It was moved and seconded by Commissioners Barrows/Quill to excuse Commissioner Engle. Unanimously approved. C. Staff present: Planning Director Les Johnson, Assistant City Attorney Michael Houston, Planning Manager David Sawyer, Principal Engineer Ed Wimmer, Principal Planners Stan Sawa, and Andrew Mogensen, Associate Planner Jay Wuu, Assistant Planner Eric Ceja, and Management Assistant Betty Sawyer. II. PUBLIC COMMENT: None. III. PRESENTATION: Chairman Alderson introduced Mayor Don Adolph, Mayor Pro Tem Stan Sniff, and Council Member Tom Kirk who presented former Planning Commissioner Rick Daniels with a plaque in recognition of his time served on the Commission. Mr. Daniels thanked the Mayor, Council Members, and Commissioners for the time he had the pleasure and honor to work with them on the various projects in the City. La Quinta is the model he is using in his new position as City Manager for the City of Desert Hot Springs. IV. CONFIRMATION OF THE AGENDA: Confirmed. V. CONSENT ITEMS: A. Chairman Alderson asked if there were any changes to the Minutes of November 13, 2007. There being none, it was moved and seconded by Commissioners Barrows/Wilkinson to approve the minutes as submitted. Unanimously approved. VI. PUBLIC HEARINGS: 362 GAMDOMPC Minutes\2007\12-11-07.doc Planning Commission Minutes December 11, 2007 A. 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 reviewed the changes the applicant had agreed to, based on the issues raised at the last meeting. 2. Chairman Alderson asked if there were any questions of staff. Commissioner Wilkinson asked the status of the retention basin. Principal Engineer Ed Wimmer explained the applicant has entered into a Subdivision Improvement Agreement that is due to expire'on September 3, 2008. If the applicant has not completed all the improvements, the City Council could find the developer in breach of the contract, which could be a very severe problem for the applicant. 3. Commissioner Quill asked if there was a recorded Imperial Irrigation District (IID) easement for the new location of the power lines along Avenue 58. Planning Director Les Johnson stated there is an easement along the western property line that was recorded with the tract that does allow encroachment within that easement which includes the corner crossing. With regard to Avenue 58 in its entirety there is not an easement as the lines are located outside the subject properties. Based on the information provided it shows it to be within the right-of-way with the exception of Lot 52. Staff based this information on the final map. Principal Engineer Ed Wimmer added he met with IID's real estate representative and he mentioned what had just been described, but there is a CVWD easement along Avenue 58 and IID has authority to use the CVWD easement. It will take a title report to make the final determination. 4. Commissioner Quill asked if this map was a phased tentative map. Staff stated that in the strictest term based on the Subdivision Map Act it is not, but in La Quinta we do allow builders to build iin phases. Commissioner Quill asked if they have a final recorded map approval. Staff stated yes, but the bonds have not been accepted by the City Council. Anything not included in the final 363 2 Planning Commission Minutes December 11, 2007 map must be included in the Subdivision Improvement Agreement (SIA). Commissioner Quill stated that in respect to the remainder of this tract, the Commission will be reviewing a new landscaping ordinance, would the new units be required to be subject to the new ordinance? Planning Director Les Johnson stated they would be required to meet the new CVWD requirements. 5. Chairman Alderson clarified the palm trees to be removed are on the south side. Regardless of the phasing, the original 30 homes are approved, but the overall approval of the entire project is still bonded and will be in affect until the project is completed. Planning Director Les Johnson stated the bonding as it relates to the SIA would be in effect until all the improvements, as defined in the SIA, are fulfilled. That could be prior to all the homes being constructed. Principal Engineer Ed Alderson further stated the developer when he completes some of the facilities can ask for a reduction in the bonds in accordance with what he has completed. Chairman Alderson asked if the grades for the entire site were adequate in regard to drainage and the retention basin. Were the grading plans reviewed in the normal procedure? Staff stated the improvement plans would be reviewed and signed by the City Engineer at the time the plans are completed. Planning Director Les Johnson stated that in addition the pad elevations identified through the tentative process would have to be adhered to as they came through the process to complete the map. 6. Commissioner Quill stated that when he was constructing tracts they never had to pull permits for drywells. They would hire a company who would do this. Therefore, he had never relied on the City to tell him how to drain a retention basin. Is there any restriction on this developer, since the drainage systems will be HOA owned? Staff stated it would normally be a part of the SIA and since the City Council has not accepted any on or off site improvements, typically that type of facility would be a part of the SIA. Therefore, the City would have to sign off that it is constructed and operating properly before the HOA would assume responsibility. This is an obligation on the developer to see that this is true. Chairman Quill asked if the developer could build a plan without City approval. Staff stated that since it is part of the Subdivision Agreement it would have to be built in accordance with City standards until the City has accepted the plans. 364 3 Planning Commission Minutes December 11, 2007 7. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Steve Camaro, representing K. Hovananian Homes, stated the concerns have been discussed and will be resolved. The second story decks were not in the best interest of the developer and have been deleted from the plans. As to the street maintenance, they have addressed and changed the date to see that the street is maintained and will have a staff member on site every Friday to see that it is maintained. The street capping will be completed in front of all homes that are completed. The retention basins were built and constructed to the City's requirements. They did have City inspectors there on -site during their installation and they do know they are ultimately accountable to see that they are functioning. What they have now is a multi -year contract for a contractor to pump out and clean the sand filter and see that it is being properly maintained. For the last seven days they have been pumping the basin to have a short term resolution. They will have one consultant who is reviewing the design and installation and hope by mid -January to have a plan that will resolve the drainage problems. This will include drainage from the individual homes as well as off -site drainage. The other landscaping issues raised at the last meeting have been identified and they are working to resolve all those issues. In regard to the palm trees, they did intend to take care of the west wall. He was not aware of the trees on the south end. The trees that are there now were approved by the City and IID told them the trees were too tall and they installed the smaller palm trees. They verified with them before the meeting that the trees do meet they specifications. Therefore, they do object to Condition No. 11 and would rather have it subject to IID approval. He asked if the City could extend their Subdivision Agreement if they are working toward meeting their concerns. Principal Engineer Ed Wimmer stated the SIA are entered into with the City Council and the only way they can be extended is by way of a letter requesting the extension by the developer and the matter would be brought before the Council for their consideration. 8. Commissioner Quill asked if there was an easement being granted to IID along Avenue 58 by CVWD. Mr. Camaro stated he is not aware of an actual IID easement. Commissioner Quill stated the curb and gutter goes well past the IID offices on Avenue 58. IIID does have substantial mounding creating a lot of run-off and they do not have a catch basin to retain their run-off on the east; does 365 2 Planning Commission Minutes December 11, 2007 this mean their run-off is to be handled by this tract. Staff stated they were unaware and would need to be research the matter. Commissioner Quill stated normally a project is required to retain 50% on the water on their site out to the crown adjacent and in front of your project unless there is some other condition requiring you to retain water that is upstream of your project. Principal Engineer Ed Wimmer stated not entirely. If the property is located in a sump area, a local low area, then they would accept water from other areas. Typically, a tract is required to accept 50% of the street it abuts. Staff will do further research in regard to this issue. Mr. Camaro stated they are accepting the water run-off from IID and more than 50% from that intersection and it was designed that way. Commissioner Quill stated he did note some improvement in some of the issues raised at the last meeting, but there still remains a significant amount of disregard to the landscaping. Mr. Camaro stated he has directed his staff to compile a list of all the improvements that need to be done and they will see that it is resolved. Commissioner Quill asked if they have a "White Report" from the Department of Real Estate on the balance of the lots. Mr. Camaro stated they have White Reports on all lots. Commissioner Quill stated they are therefore paying 100% of the HOA dues for all the lots that are not sold and therefore, there are ample funds to see that the landscaping is completed. Mr. Camaro stated that is true. 9. Chairman Alderson stated that means there should be ample funds to complete the work. Mr. Camaro stated his is unable to address the financial standing of the HOA, but there are certain items that are the financial responsibility of the developer to complete before turning it over to the HOA. Chairman Alderson asked about the trees to be removed. Mr. Camaro stated the palm trees on the west side of the property is what Mr. Crandall understood would be removed. Staff referred to the trees on the south and the removal of the trees on Avenue 58 is what they are objecting. Chairman Alderson asked staff's concern was that the trees on the south side may grow fast enough to be of a concern to IID. Staff stated the trees will mature in height and could be a maintenance issue, but if IID is accepting it, staff does not have a concern. Staff, however, is concerned that the trees are within five feet of the power lines and could be a concern within five to seven years. Mr. Camaro stated they have had discussions with IID and they have verbally stated they accept the trees as they are and will provide them with written confirmation. 366 5 Planning Commissior, Minutes December 11, 2007 10. Chairman Alderson stated the basin at the corner is the issue and appears to be an engineering problem that needs to be resolved. Mr. Camero introduced Darren Baldwin, Vice President of Land Development, stated the basins are designed as retention/detention basins. The design is adequate if the amount of water going into it is adequate. If you take the amount of water that is in the basin, plus the amount of water that is draining into the basin from the standpipes coming down Avenue 58 will always create the additional water and was not part of the original calculation. Chairman Alderson asked if there were any drainage structures or drywells installed in the basin. Mr. Baldwin stated there are sand filter boxes with a leach line. There will always be a certain amount of water in the basin as all times. The percolation time is the problem. The leach lines are saturated so the leach lines are half what they should be. Chairman Alderson stated they will be adding 60 houses which will add to the drainage, how is this going to be resolved. Mr. Baldwin stated they have hired consultants to resolve the problem and went on to explain the process that should resolve the problem. 11. Commissioner Quill stated the solution they are working on will solve the problem and if their intent is to do this at both the retention basins, it should solve the problem. 12. Chairman Alderson asked if there was any public comment. Mir. Brett Picano, 57-810 Residenza Court, stated he appreciates the Commission's efforts to address their landscaping issues. His issue is that they have been trying to get the developer to address this problem since last December. They still have curbs torn up in areas where the street is capped as well as pot holes. His additional concern is the proposed parking lot for the models being constructed behind his home. 13. Mr. Mark Yucollo, 81-769 El Seranada, asked who approved the location of the power poles and the landscaping directly under them. He has spoken with IID staff and have found no one who agrees with putting trees under power poles. Staff stated the landscaping review was approved by the Architecture and Landscape Review Committee and Planning Commission in 2004. In regard to how the landscaping plan disagrees with the utility lines, staff is not aware of how it was presented to IID and approved by the City. Staff does believe it is an issue, but it its before the Commission for their determination. 367 L Planning Commission Minutes December 11, 2007 14. Commissioner Quill stated he believes this is an issue between the HOA and IID. He would like to know if IID does or does not have an easement in this location. He does not believe anyone at IID would approve trees being planted under power lines of this size. Mr. Yucollo stated he constructed his swimming pool to the City's specifications and received his approvals. Subsequently, they have been shocked while using the pool. They have had discussions with IID and inspections have been done by IID, but it is still not resolved. 15. Mr. Jessie Frenza, 57-770 Residenza Court, stated his biggest issue is not only the retention basin, but that there should have been a geotechnical report required at the beginning before the tract was built to have revealed the clay issue and found that they have a saturation problem. Perhaps they as homeowners should be able to review the plans and find a solution. There has been plenty of time to resolve these problems and the developer is just now starting to resolve the problems. 16. Mr. John Gillette, Residenza Court, stated he works for a real estate company and he is ashamed of this tract. He goes through several developments selling units and does not find any of these tracts maintained in this manner. They are well groomed and are beautiful. He is ashamed of the condition of their community. 17. Ms. Amelia Frenza, 57-770 Residenza Court, stated she attends all the HOA meetings and this developer has never tried to solve any of these problems until now. They were told they were trying to resolve some of the issues but it would probably be passed on to the HOA. When the trees reach the height of the power poles, who will have the expense of removing the trees. 18. Commissioner Quill stated that typically the power company will come over and cut the top of the tree off and leave a stump for the HOA to deal with. 19. There being no public comment, the public hearing was closed and open for Commission discussion. 20. Commissioner Barrows suggested Condition No. 12 which addresses the dead plant material being replaced she suggested this condition be enhanced to address some of the issues raised at this meeting. She asked staff if there was a condition that the 368 VA Planning Commission Minutes December 11, 2007 street and retention basin improvements will be completed. Staff stated Condition No. 5, as well as the Subdivision Improvement Agreement requirements will ensure the improvements are completed prior to a final map being approved. 21. Commissioner Wilkinson stated his concerns are with the retention basin and as he understands it their studies will hopefully find a solution. How you address standpipe run-off that has been there fore years, should have been considered when the basin was designed. In regard to the IID power lines is there an easement that addresses the angle where the line crosses the property line:. Staff stated there is no definitive easement that shows the angle:. In looking at the street improvement plans the lines did exist but was further to the east and there was some encroachment into this lot. Historically, it appears the line was there, but it is not for certain it was this exact location. Commissioner Wilkinson stated the power lines go directly over the homeowner's pool, but there should be a Building Code that does not allow a power line to go over a pool. Staff stated they are unaware of any Building Code, but there are no Zoning Codes that prevent it. 22. Chairman Alderson reopened the public hearing to allow the applicant to answer Commission questions. Mr. Carman stated it was their intention to release the drainage water onto the lots. It was draining into the streets and they did inform their staff to stop and pump the water onto the lots to keep it off the street. What they have to do is pump the water so it does not drain into the street. 23. Commissioner Wilkinson stated he was out there late in the afternoon and the water was still running into the street. Mr. Camero stated the pumping was stopped, but they were to have crews there to continue with the clean up. Commissioner Wilkinson stated no one was there when he went by at 4:30 p.m. 24. Commissioner Quill stated the study will determine what needs to be done to resolve this drainage problem, but the HOA should not be paying for this. Mr. Camero stated K. Hovnanian will be paying for the design and construction as well as the maintenance until such time as it is turned over to the HOA and this will not happen until the City accepts the SIA. 369 8 Planning Commission Minutes December 11, 2007 25. Chairman Alderson asked who they spoke with at IID. Mr. Camero stated they spoke with Carlos Pastida, the IID project manager for this project. Chairman Alderson asked if there was any way for the City to monitor negotiations between the developer and IID without the City taking any responsibility of the problem. Staff stated they could attend a meeting, but it is an issue between IID and the HOA. Staff can request a letter of confirmation from IID in regard to the issue. In regard to the landscaping, staff will be following up to see that the conditions are met. 26. Chairman Alderson closed the public hearing and reopened the Commissioner discussion. 27. Commissioner Quill stated the palm trees issue is between the HOA and IID. The retention basins and landscaping are large issues, but to him K. Hovnanian has shown that they are unable to build a product worthy of La Quinta and taking care of the homeowners. If the City does not hold off on this approval until the issues are resolved, this developer cannot be held responsible to resolve the problems at this project. He would like this to be his motion. 28. Commissioner Barrows stated she would be willing to second this motion. 29. Chairman Alderson stated his objection is not as strong. What is before the Commission is the architectural design for the new units. However, the builder has not done what they should have done. Some of these issues are the responsibility of the HOA. There are two key things to be done before he could support the project. One is a letter from IID about the voltage problem and the other is the retention basin. The applicant has stated they should resolve this by mid -January and he does not see how this could be done. They have till September of 2008 which is the time frame for the bonds. He was going to condition this to have the issues resolved before any building permits could be issued, but if they aren't going forward it becomes a mute point; therefore he supports Commissioner Quill's motion. In regard to the architectural and landscaping plans being presented he has no objection. It is a nice project with some problems. 379 Planning Commission Minutes December 11, 2007 30. There being no further discussion, it was moved and seconded by Commissioners Quill/Barrows to continue this project to January 22, 2008 to allow the applicant time to address the items listed below: a. The retention basin solution needs to be determined approved, and implemented and subsequent landscaping to the basins. b. The landscaping overhauled including repairs to all dead material as well as new decomposed granite, weeding of the entire area, replacement of all irrigation material, over seeding the existing turf, and replacement of all dead trees and shrubs. C. Some discussion or resolution to the power problem be brought back after a discussion has taken place between IID and K. Hovnanian. d. Some discussion in regard to the existing IID easements with respect to the power lines. e. The entire cost associates with these improvements will not be born by the HOA dues, but by K. Hovnanian. f. Project will be subject to any new landscape or water regulations. Unanimously approved. B. 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 the applicant was requesting a continuance to allow them time to review the conditions of approval. 2. There being no questions of staff, it was moved and seconded by Commissioners Barrows/Quill to continue Site Development Permit 2007-896 to January 8, 2008. Unanimously approved. C. Conditional Use Permit 2007-110; a request of Code Murphy, LLC for consideration of a Conditional Use Permit for the non -site overnight storage of a blood collection vehicle for the Blood Bank of San Bernardino u 10 37, Planning Commission Minutes December 11, 2007 and Riverside County for the property located at 79-215 Corporate Centre Drive; the southeast corner of Corporate Centre Drive and Commerce Court. 1. Chairman Alderson opened the public hearing and asked for the staff report. Associate Planner Jay Wuu 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. There being no questions of the staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Covaro, representing the Blood Bank, gave a presentation on their request. I There being no further questions of the applicant, Chairman Alderson asked if there was any other public comment. 4. Commissioner Quill asked if they were purchasing the building. Mr. Covaro stated they were. Commissioner Quill noted he had had phone conversations with Mr. Brian Ward, who represents the Blood Bank. 5. Chairman Alderson asked if the vehicles would have alarm systems for theft. Mr. Covaro stated they have alarm systems for the vehicles, but have never had any vandalism problems. Chairman Alderson stated the parking structure will be elevated to 12 feet and staff's recommendation is to put it back after the use is no longer needed; how will this be handled. Mr. Covaro stated the design will allow it to be raised and lowered as it is not a part of the building. 6. Chairman Alderson asked if there was any other public comment. There being none, the public hearing was closed and open for Commission discussion. 7. Chairman Alderson asked what guarantee the City had that should they vacate the building the awning would be removed or lowered. Mr. Covaro stated they would agree to any stipulation the City would want to put on them to see that it is done, but typically, they do not move from their locations. Staff noted the condition is not if they should move from the location but that should the vehicle no longer be kept at this location. Mr. Covaro agreed to the conditions. 1i Planning Commission Minutes December 11, 2007 8. There being no further discussion, it was moved and seconded by Commissioners Barrows/Quill to adopt Planning Commission Resolution 2007-047 approving Conditional Use Permit 2007-1 10 as recommended. ROLL CALL: AYES: Commissioners Barrows, Quill, Wilkinson, and Chairman Alderson. NOES: None. ABSENT: Commissioner Engle. ABSTAIN: None. D. Conditional Use Permit 2007-107; a request of Reverend Mark Byers for consideration of a church to occupy an approximately 3,000 square foot tenant space within an existing commercial office building for the property located at 47-110 Washington Street, Suite 100. 1. Chairman Alderson opened the public hearing and asked for the staff report. Associate Planner Jay Wuu presented the information contained in the staff report, a copy of which is on file in the Planning Department. 2. There being no questions of staff, Chairman Alderson asked the applicant would like to address the Commission. Rev. Mark Byers stated he was available to answer any questions. 3. Commissioner Wilkinson asked what the time frame was to relocate. Rev. Byers stated they have a two year lease for the current building. 4. 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. 5. There being no further discussion, it was moved and seconded by Commissioners Quill/Barrows to adopt Planning Commission Resolution 2007-048 approving Conditional Use Permit 2007-107 as recommended and amended: ROLL CALL: AYES: Commissioners Barrows, Quill, Wilkinson, and Chairman Alderson. NOES: None. ABSENT: Commissioner Engle. ABSTAIN: None. E. Sign Program 2006-1034; a request of Komar Investments, LLC for consideration of a proposed Sign Program for permanent business r 12 373 Planning Commission Minutes December 11, 2007 identification signage and two monument signs for the Komar Desert Center located on the south side of Highway 111 and east and west of Depot Drive. Chairman Alderson opened the public hearing and asked for the staff report. Assistant Planner Eric Ceja presented the information contained in the staff report, a copy of which is on file in the Planning Department. 2. Chairman Alderson asked if there were any questions of staff. Commissioner Wilkinson asked the location of the Costco sign. Staff clarified the Costco sign was independent of this sign program. 3. Chairman Alderson asked if the "red" color was the actual color to be used. Staff stated the applicant would need to answer that question. The sign does meet the City's code provisions. 4. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Clint Knox, representing Komar, gave a presentation on the program. 5. There being no questions of the applicant, Chairman Alderson asked if there was any other public comment. There being none, the public hearing was closed and open for Commission discussion. 6. There being no further discussion, it was moved and seconded by Commissioners Barrows/Quill to adopt Minute Motion 2007-018 approving Sign Program 2006-1034 as recommended. F. Zoning Ordinance Amendment 2007-093; a request of the City for consideration of an Amendment to the La Quinta Municipal Code, Title 8, Chapter 13, updating the City's Water Efficient Landscaping Ordinance:. 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 Wilkinson asked how a single-family resident would 13 37� Planning Commission Minutes December 11, 2007 recovered if a resident has a fountain. Staff stated the water features for the large tracts and golf courses are replaced by the Bureau of Reclamation water supply as opposed to the municipal tap water supply. The Code states that if you are going to have a water feature greater than 100 square feet surface area, you cannot use the potable water source. Commissioner Wilkinson asked how an individual homeowner will obtain the water. Planning Director Les Johnson stated it is part of Title 8 and staff is trying to make the determination as to what the perimeters should be in regard to what that size should be. If the Commission thinks 100 square feet is not enough then staff will take that recommendation to the Council. The intent is not to address an estate home but rather a tract feature. The homeowner would have to find the way to obtain the water. 3. Commissioner Quill asked that under definitions for "Drip Irrigation" is should be expanded to explain the difference between an emitter and a dripper. The same should be done for "Emitters". Consideration should be given to the three types of water that are in the process of being defined further down Valley. He also suggested adding fire usage protection systems. Also, recreational uses should be added and could be defined as fishing or boating. Any two of these uses would throw you into meeting the requirements. He questioned whether or not the City would have a reason to conduct water audits. Discussion followed and it was determined to review the 100 foot bench mark and whether or not it should even apply to a residential home. Discussion followed regarding potential changes to enhance the ordinance. 4. 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. 5. There being no further discussion, it was moved and seconded by Commissioners Barrows/Quill to adopt Planning Commission Resolution 2007-049 approving Zoning Ordinance Amendment 2007-093 as recommended and amended: a. Native plants — indigenous put 2 and 3 under desert landscape b. water features shall be replenished from nonpotable water 14 375 Planning Commission Minutes December 11, 2007 C. Add language that turf shall not exceed 50% VII. BUSINESS ITEMS: None Vill. CORRESPONDENCE AND WRITTEN MATERIAL: None IX. COMMISSIONER ITEMS:. X. 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 January 8, 2008. This regular meeting was adjourned at 10:45 p.m. on December 11, 2007. Respectfully submitted, e2t. L7� Be y aw er, Management Assistant City of La Quinta, California 3 �8 Department Report: 04 �`a'�Q �i$ � • OF T �� TO: The Honorable Mayor and Members of the City Council FROM: Bret Plumlee, Assistant City Manager — Management Services 1*P DATE: January 15, 2008 SUBJECT: Department Report — Response to Public Comment The following public: comment was made at the December 18, 2007 City Council meeting: 1. Douglas R. Bigley, 517 Garnet Street, Redondo Beach, regarding an item on the Closed l Session agenda. He addressed the Council regarding two items: experience and speculation. Protech Holdings is a very experienced developer, and they have indicated that to the City. He said they are the only company in the nation that is in joint venture with Morgan Stanley for the purpose of developing workforce housing. There is no other company partnering with them. They have been working in La Quinta for approximately four years and have spent $2 million trying to do projects. One of the; things that has been a big issue in La Quinta is land values. He said their company is not in speculative land buying. 2. Kay Wolff„ 77227 Calle Ensenada, La Quinta, congratulated the City Council members and City Manager on the wonderful City staff. They are always very open to listen to members of the community. She meets regularly with Tim Jonasson, James Lindsay, Tom Hartung, Deby Conrad, Chris Sundlee, Edie Hylton, Steve Howlett. She also commented on the new fencing that is being put up around the preserve which looks wonderful; the comments have been positive. 3. Bill Ivy, 78665 Descanso Lane, La Quinta, Vice President of the Master Homeowners' Association of Rancho La Quinta, was asked to speak for the residents who feel they have been affected by the increase of traffic volumes and noise on Washington Street. Their Board had previously approved the acoustical study report that clearly defines the issues and makes recommendations to mitigate the problems. Approximately 300 of 377 their homeowners are affected by the noise. Their Board strongly recommends the City review this report and get behind it to approve and fund the recommendations of the report. Mr. Ivy provided Council with a report from their homeowners' association. The Mayor asked Mr. Ivy if the homeowners' association has contacted the Drummond Corporation, to which Mr. Ivy stated they have not. He thanked him for his comments. 4. James Duff, Descanso Lane, La Quinta, has been following the study of increased traffic at 481" and Washington. He feels it has impacted their daily living and market value for their several hundred homes. He asked for Council's :support to expedite this issue and find a solution to the problem. The Mayor indicated they have the information and will direct staff to take a look at the documents and respond back to Council. 378 DEPARTMENT REPORT: T,ht44a w MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Douglas R. Evans, Assistggtr City Manager — Development Services DATE: January 15, 2008 Xt SUBJECT: Quarterly Marketing Report Per the City's contract with Kiner Communications, the second Quarterly Marketing Report for Fiscal Year 2007/2008 is attached. 379 KinerCommonicat ions Quarterly Marketing Report Second Quarter of Fiscal Year 2007-08 City of La Quinta Marketing Plan Implemented by Kiner Communications COMPLETED: 2008 City Calendar — Designed, printed and mailed the 2008 City Calendar, which went out to residents Thanksgiving weekend. The theme this year is "Enjoying Outdoor Pleasures in La Quinta." City Newsletter/Budget Report — Designed, printed and mailed the first City Report for 2007-08, which focused on the budget and plans for the new fiscal year. It also featured new shopping and dining opportunities, holiday events, and updates on SilverRock Resort as well as the library and museum expansion projects. Familiarization Tour/Public Relations — Three prominent travel writers (two editors and two freelance writers) visited La Quinta over the holidays. Their visit is part of the Familiarization Tour project in the City's Marketing Plan for FY 2007-08. The writers stayed at the La Quinta Resort & Club where gift baskets were delivered to their rooms. Their itinerary included visits to SilverRock, the Highway I I I corridor, the La Quinta Village, and various other La Quinta treasures. The gift baskets included a full press kit on the latest news out of the City of La Quinta, a book on the City of La Quinta, the 2008 city calendar and promotional items from SilverRock Resort. Editorial pieces on La Quinta are being pitched through these freelancers to their standard publications such as Town & Country, Town & Country Travel, MORE, Family Circle, Seattle Times, TravelAge West, Travel Weekly, Women and Wine Magazine, 389 Suite] 01.com (a luxury online magazine) and several others. All three writers have already requested specific photos indicating interest in placement in these publications. The response was overwhelmingly positive. Here are a couple of the responses that Kiner Communications received: Thank you so much for arranging for our stay in La Quinta. I was glad to rediscover it after many years and f nd that though it has grown enormously it retains its original charm. 171 be in touch when I'm writing about La Quinta. Thanks! Sharon Thanks so much for this terrific welcoming bag! So very nice of you. And 1 needed a 2008 calendar! I really appreciate this. Jen Kiner Commun ications is following up personally for more detail and will keep reporting back as stories come together. Additional public relations efforts included issuing press releases on the Breakfast with Santa and Christmas Tree Lighting events, Friends of the La Quinta Library donation and Chapman Investments Land Purchase. (See attached) Fall Events Postcard — Designed, printed and mailed fall events postcard. Cooperative Marketing Program with La Quinta Hotels — Worked to finalize Journey TV program to present to Council. Conducted meetings to move forward with the approved program, including a production meeting with the director/producer to begin creative process. Online Marketing Program: Continued to monitor and report web "hits" to the City's site through this program. City of La Quinta Promotional Logo — Designed and presented to City Council several concepts for a new promotional logo for the City of La Quinta. Community Services Templates — Created new templates/flyers for Community Services to use in promoting different City events. (See attached) 381 Other Marketing Support — Provided consultation and photography in relation to marketing requests that have come in through the CVA and other mediums. IN PROGRESS: Next City Newsletter/"Green Report" — Currently preparing the City's winter newsletter, which will be more of a "green report" (focused on what the City is doing in terms of "green" efforts). Also working with staff and the City's energy partners — IID, CV WD and Buirtec -- to promote conservation efforts and include tips and information on ways La Quinta residents/consumers can work to be more energy efficient. Cooperative Marketing Program with La Quinta Hotels — Working on filming and producing the 2--minute segments, which should be edited and begin broadcast on Journey TV by ]March 1, 2008. Tourism Television — Putting together recommendations for the City's television broadcast budget that will allow coverage in Southern California areas (the "drive in" market), such as, parts of San Diego, which are not covered by Time Warner through the Journey TV program. The City's current 30-second spots will be revised slightly — replacing the 25s' Anniversary logo with the new City promotional logo. La Quinta Arts Festival Program Ad — Working on design of an ad for Southwest Arts magazine and the La Quints Arts Festival program guide focusing on the City's commitment to arts and culture, as well as it being a charming and historic city. Familiarization Tour/Public Relations — Continuing to build the Familiarization Tour, targeting additional key travel writers. Looking to put together an event in February to bring out another group of writers. Other Marketing Support: Attending meetings with RSG and other Vista Dunes partners, and providing input on a marketing plan for Vista Dunes. 382 INFORMATION RELEASE FROM THE COACHELLA VALLEY MOUNTAINS CONSERVANCY, THE WILDLIFE CONSERVATION BOARD, AND THE U.S. FISH AND WILDLIFE SERVICE, AND THE CITY OF LA QUINTA FOR IMMEDIATE RELEASE January 4, 2008 CONTACT: Bill Havert, Executive Director, Coachella Valley Mountains Conservancy (909) 790-3405 John Donnelly, Wildlife Conservation Board (1916) 445-8448 Jane Hendron, U.S. Fish and Wildlife Service (760) 431-9440 ext. 205 Bret Plumlee, City of La Quinta (760)777-7035 Land Acquired in La Quinta for Conservation A local, state, and federal partnership has acquired 100 acres in the Santa Rosa Mountains in the southwestern part of La Quinta to conserve endangered Peninsular bighorn sheep habitat and protect the City's scenic backdrop. The Coachella Valley Mountains Conservancy, the Wildlife Conservation Board, the U.S. Fish and Wildlife Service, and the City of La Quinta are pleased to announce the acquisition in Section 5 just west of the Martinez rock slide. [See attached map.] The acquisition funding sources are $1,896,485 U.S. Fish and Wildlife Service (federal grant funds) $ 696,000 Wildlife Conservation Board $ 243,121 City of La Quinta $ 404,394 Coachella Valley Mountains Conservancy $3,240,000 Total purchase price John Donnelly, Executive Director of the state's Wildlife Conservation Board, which is buying the land for the Department of Fish and Game noted that the federal funds are specifically to buy habitat to help endangered species recover, in this case the Peninsular bighorn sheep. The funds come to the state, which must then find matching funds. In this 0 - 383 case, Donnelly observed, "The Wildlife Conservation Board was able to put in a significant amount of funds, but we needed additional funds and we're very appreciative that the City of La Quinta and the Coachella Valley Mountains Conservancy will be providing the remaining funds needed." Bill Havert, Executive Director of the Conservancy, added, "This kind of cooperation benefits everyone: all the agencies win by accomplishing what no one of them could; the residents of La Quinta win because the beauty of the mountains is protected; and the bighorn sheep win because their habitat remains undisturbed." Don Adolph, the Mayor of La Quinta, said, "This purchase helps keep one of the city's prized possessions — our mountains — pristine, and it demonstrates what a partnership can accomplish." "This habitat acquisition demonstrates the benefits of working in partnership with others to conserve our wildlife resources," said Jim Bartel, Field Supervisor of the Carlsbad Fish and Wildlife Office. "The Service actively promotes these types of partnering efforts and we look forward to additional opportunities to conserve species in the Coachella Valley." 384 v 0 ,,, a 385 For Immediate Release Contact: Carolyn Moloshco 760-861-7600 cell Erin Gilhuly 760-641-0739 cell Kiner Communications 773-0290 LA QUINTA PUBLIC LIBRARY MILLION DOLLAR EXPANSION PROJECT GETTING UNDERWAY Library Will Be Closed Dec. 9 thru Jan. 13 For Expansion & Installation Work La Quinta, CA (November 8, 2007) — There will soon be more to read and more to explore at the La Quinta Public Library as an additional 10,000 square feet is added to the Library, almost doubling the size of the current space. About 27,000 new items will be incorporated into the collections in the coming year. During the expansion and installation work, the Library will be closed. The closure schedule is as follows: The La Quinta Public Library will be closed December 9`h through January 131h and will re- open Monday, January 14, 2008. "The Library expansion is one of our most exciting projects," says Don Adolph, Mayor of the City of La Quinta. "Along with the La Quinta Historical Museum expansion, we are committed to bringing our residents and visitors the best resources for their educational, cultural and entertainment needs." Children and youth will especially benefit from the expansion as their area will become almost half the space of the entire library and they'll receive many new collection items. A 10,000 sq. ft. multi -purpose room currently being utilized for rentals and community meetings will be incorporated into the library with an interior wall being removed to create openness for the added space. This space will become the new main library. "The new, expanded library is going to be a wonderful amenity for La Quinta residents and visitors," says Nancy Johnson, Riverside County Librarian. 'The City of La Quinta will have a beautiful library for its growing population including a separate storytelling space for children and plenty of new resources for adults and the younger generation." There will be about 15 new computers added, more study areas, additional seating, and beautiful scenic views of the La Quinta Civic Center Campus. More periodicals, best sellers, and audio- visual items will line the shelves of the expanded facility as the new 27,000 items are added to the library in the coming year. Patrons will also enjoy two new self checkout counters and a Radio Frequency Identification Device (RFID) that not only allows for self checkout but offers better inventory control. The cost of the entire expansion project is approximately $1,057,000 with $500,000 coming from the City's Capital Improvement Program and $557,000 funded by the County of Riverside library tax fund. There will be an official Grand Opening scheduled sometime in January for the renovated library. The City of La Quinta Public Library is part of the Riverside County Library system. It is located at 78-275 Calle Tampico, La Quinta, CA 92253. For more information about the La Quinta Public Library or the City of La Quinta, go to the city's website at www.la-auinta.org. Contacts: Erin Gilhuly Carolyn Moloshco Kiner Communications 73101 Hwy 111 Palm Desert, CA 92260 760-773-0290 387 For Immediate Release Contact: Carolyn Moloshco 760-861-7600 cell Erin Gilhuly 760-641-0739 cell COMMUNITY INVITED TO JOIN FUN AT LA QUINTA CHRISTMAS TREE LIGHTING CEREMONY La Quinta, CA (December 5, 2007) — Come one, come all, the City of La Quinta invites everyone to welcome in the holiday season with the Annual La Quinta ChristmasTree Lighting Ceremony Friday, December 7th from 6:00 p.m. — 8:00 p.m. at the La Quinta Civic Center Campus. (If it rains, the event will move to the La Quinta Senior Center at 78-450 Avenida La Fonda, across from the LQ Civic Center Campus.) The Festivities will include the official lighting of the Christmas Tree, a special visit from Santa Claus, holiday music with a local senior ukulele group, hot chocolate and cookies, activities for children, and performances by children from the Dance, Play and Pretend class and the Ballet class. The annual Candy Cane Hunt will begin at 6:15 p.m. sharp! Join city leaders, your neighbors and the community for this FREE fun -filled, family friendly event to celebrate a joyous holiday season. WHAT La Quinta Christmas Tree Lighting Ceremony Candy Cane Hunt (weather permitting) Santa Claus Visit Activities for Children Holiday Music & Hot Chocolate & Cookies WHEN Friday, December 7th 6:00 p.m. — 8:00 p.m. WHERE La Quinta Civic Center Campus 78-495 Calle Tampico For more information, call 760-777-7090 or visit the City's website at www.la-guinta.oM. Contacts: Erin Gilhuly Carolyn Moloshco 760-773-0290 Kiner Communications ��sr OF e`er For Immediate Ftelease Contact: Carolyn Moloshco 760-861-7600 cell Erin Gilhuly 760-641-0739 cell Kiner Communications 760-773-0290 LA QUINT A PUBLIC LIBRARY RECEIVES $25,000 DONATION FOR EXPANDED CHILDREN'S COLLECTION Recently renovated library will re -open Monday, January 14th. La Quinta, CA(January 2, 2008) — The Friends of the La Quinta Library presented a $25,000 donation to the La Quinta City Council at a city council meeting on December 18, 2007. The money was raised by special events and on -going book sales, and will be used to enhance; the library's children's collection by purchasing hundreds of new books. "We are overwhelmed by the support of this donation by our local Friends of the La Quinta Library," says Edie Hylton, City of La Quinta Community Services Director. "Our community is growing with more families and children who need educational and cultural resources. This generosity will help us satisfy our goals by building knowledge and strength in our children." The children's area will be a primary highlight of the renovation project and will include dedicated storytelling space and studying areas. The existing library space will become the new Youth and Children's area and the existing 10,000 square -foot multipurpose room will become the new main library and reference area. With more than one million dollars in improvements and equipment, items include additional covered parking, two new self check-out counters, new shelving and furnishings, 15 new computers, and a new inventory control center. The La Quinta Library will also add more than 27,000 new items including books, DVDs, and other resource materials. "We are thrilled to enhance the lives of our residents by adding these resources," added Hylton. "We are extremely grateful to the Friends of the La Quinta Library for its generous commitment to that effort." The La Quinta Public Library is currently closed and will re -open Monday, January 14, 2008. The City of La Quinta Public Library is part of the Riverside County Library system. It is located at 78-275 Calle Tampico, La Quinta, CA 92253. For more information about the La Quinta Public Library or the City of La Quinta, go to the city's website at www.la- guinta.org. About the Friends of the La Quinta Library: The Friends of the La Quinta Library is a membership organization open to anyone interested in supporting the mission of America's free public libraries. The organization makes funds available annually to support the library's summer reading program, which encourages students to read books and attend fun educational activities during their summer vacation. For more information on library programs, call 760-564-4767 or log onto www,rivlib.com. 399 FOR MORE INFORMATION, PLEASE CONTACT THE COMMUNITY SERVICES DEPARTMENT AT (760) 777-7090. 391 FOR MORE INFORMATION, PLEASE CONTACT THE COMMUNITY SERVICES DEPARTMENT AT (7601777-7090. 392 FOR MORE INFORMATION, PLEASE CONTACT THE COMMUNITY SERVICES DEPARTMENT AT (760( 777-7090. 393 FOR MORE INFORMATION, PLEASE CONTACT THE COMMUNITY SERVICES DEPARTMENT AT (760) 777-7090. 394 DEPARTMENT REPORT: ?�-.A tysg P COUNCWS bi q " ? UPCOMING 0 JANUARY 14-20 JANUARY 15 FEBRUARY 5 FEBRUARY 19 !L_,TjII4I MARCH 13-16 MARCH 18 APRIL 1 APRIL 16 BOB HOPE CHRYSLER CLASSIC CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING LA QUINTA ARTS FESTIVAL CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING t6 393 LA QUINTA CITY COUNCIL MONTHLY CALENDAR January 2008 U11MJjWQa7y Tuesda.. Friday ,7, 2 3 4 5 10:00 AM ALRC 12:00 PM Mayors Lunch 9:00 AM -4:00 PM SJSR Nd. Mnmt-Henderson De0 ember S M T W T F S- /1 3 8 New Years Day CITY 10 115 6 17 1223 LL56 HALL CLOSED 24 229 0 31 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 Energyl Environs Sniff 13 14 15 16 17 18 19 10 00 AM Pub. Sity-Kirk 3:00 PM City Council 3:00 PM Historic Preser- 9:00 AM CVA-Henderson 12:00 PM Transp Kirk Meeting "� vation Commission 3:00 PM Mins. Conversancy Kirk Bob Hope Chrysler 5:30 PM Community Classic at SilverRock Services Commission Resort 6,00 PM League. Henderson Bob Hoe Chr sler Classic 20 21 22 23 24 25 26 7:00 PM Planning 10:30 AM Homelessness 9:00 AM LAFCO- Commission Cone Henderson 12:00 PM HCRC Osborne Martin Luther King's 12:00 PM Sunline-Adolph Birthday 4:00 PM J.Cochran Reg. (CITY HAI L CLOSED) Airp-Osborne Bab Hape Chrysler CL.. 27 28 29 30 31 10:30 AM RCTC Budget February 08 Henderson S M- 6:00 PM Exec Cmte. 2 Adolph 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Ea j, i[Fe� Printed by Calendar Creator Plus on 1/9/2008 1 t 396 LA QUINTA CITY COUNCIL MONTHLY CALENDAR February 2008 MondaySunday ..Thursday 01 7 January"sT£' ;,,';�,;; Marchfi 'S M T NI T ,FS S. MejJT W T�, S' ''3' 1 2 3 4 5 6 7 6 !I 10 11 12 2 3 4 5 6 7 8 ,E�.�,.6. ��,31`7e'•! ''4 9 10 11 12 13 14 15 13 14 15 11i 17 18 19 " 16 I7 18 19 20 21 22 ` 20 21 22 23 24 25 26 23 24 25 26 27 28 29 "'�' i„ 27 20 29 30 31 € ' 30 31 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 Tionsp.Kirk Commission Henderson 12:00 PM Energyl 5:30 PM Community 4:30 PM Investment Environs Sniff Services Communion 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 Preset Meeting Cmte. vation Commission 12:00 PM HCRFOsborne President's Day (CITY HALL CLOSED) 24 25 26 27 28 29 10:30 AM RCTC Budget - 7:00 PM Planning 12:00 PM Sunline Adolph 9:00 AM LAFCO. Henderson Camrtission Henderson 6:00 PM Exec Cote: ;,,; , ¢ ",;;';,; • 3:,;` Adolph Printed by Calendar Creator Plus on 1/8/2008 397 LA QUINT'A CITY COUNCIL MONTHLY CALENDAR March 2008 .. ... .. Wednesday ..y Sat u nday; Fry .{j•F3s n�lY. . E�i:�:: [.i$T:f15).: '.11� e) I�%'S E.k b•fir,)l'E;IE iy f:F ?.i °i•i E, sA¢.ir t.r.,. 'i.t a¢ ",g^�a ,; a'"`� ^I`ip�, .pr •,ep,^ ', z,io!„ 9:00 AM4:00 PM SJSR .'§§..;iii Ntl. MnmtHenderson .§1'n 'f Y. iS"'FI.:. ;F5^ lFx.'; , '§4.),t}'"•rt '.{ii,��. ;3^ex" �;•lr;. pgn:°(i?:FS�'t §$�•Y:,; •'I,i'r}' a fJ:' nt W. '?E'i'3 s,;';3; ky 4� 2 3 4 5 6 7 8 3:00 PM City Council 10:00 AM Al 12:00 PM Mayors Lunch Meeting 9 10 11 12 13 14 15 10:00 AM Pub. Sity.Kak 7:00 PM Planning 9:00 AM RCTC- 9:30 AM Animal Campus 12:00 PM Transp-Kirk Commission Henderson Henderson 3:00 PM fill 4:30 PM Investment 11:00 AM CVCC-Sniff Consversancy-Kirk Advisory Board 12:00 PM Energyl 5:30 PM Community Environs Sniff Services Commission 6:00 PM League Henderson La Gouts Arts Festival 16 17 18 19 20 21 22 3:00 PM City Council Meeting 10:00 AM Homelessness Cote. 3:00 PM Historic Preser. vation Commission 9:00 AM CVA-Henderson 12:00 PM HCRC Osborne St. Patrick's Day 1st Day of Spring La Duinta Arts Festival 23 24 25 26 27 28 29 10:30 AM ROTC Budget - 7:00 PM Planning 12:00 PM Sunline-Adolph NO AM LAFCO Henderson Commission 4:00 PM J.Cochran Reg. Henderson Airp-Osborne 31 ,. < 6:00 PM Exec. Cmte: Adolph .•.it' ''", i�i,ir,,, April February 5;.,,, TW T, S M T W T F S 'x,•3'1i=5i"""'^5=:: M F S I 2 ',5+ i<a �'sik+ 1 2 3 4 5 < 3 4 5 6 7 8 9 S,x,;,,,,, ;,xi3s,,,<'; 6 7 8 9 10 11 12 10 :art 11 12 13 14 15 16 `i, asp:?%'.41s x13 14 15 16 17 18 19 p'tel " 17 18 19 20 21 22 23 "' € ; .;;piF,tl,,,,',,,,,,, 20 21 22 23 24 25 26 ' 24 25 26 27 28 29 27 28 29 30 „:{;>! eE'C ,'s•F=ilir;:^'€'f€;: "r:2i, �';Y+z`' E:s ,,�;" Printed by Calendar Creator Plus on 1/8/2008 y _j 398 DEPARTMENT REPORT: 4 TO: FROM: DATE: RE: i The Honorable Mayor and Members of the City Council Tom Hartung, Director of Building & Safety T4. January 15, 2008 Department Report — December, 2007 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of December. 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 $154,389,219 which represents an issuance of 2,910 building permits through Decenber; • Animal Control handled 2,920 cases through December; • Code Compliance initiated 2,582 cases through December; • Garage sale permits generated $1,462 in revenue through December. 399 y I I lomodgou00000mmmmmMommomoom I iOmgeimOmOOmO%III . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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Mm0 CO w 0 N Cf CD Y OON cm In0 N� N In co 0 �(pp N N -m 0 0 W O 0 �m OO DDm Oa O1- Qp Om0 'T c0'I ON�O�- N N 10 N 0 CND (NO O n 0 M M 0) N (O N O r- O CIO 0) N Y co (7 n cl OO NO NCD OM 1-N b aa M A �000 �O �O (N 1� 7 NO 0IV O� OO O(O N M Mppp (Opp O NYm 0HMI Q r N I N e- N N 11 � � N 7 �0 COC V (o �M On N N M�00 0 n N (D 7 co co f0� OM CDO �O M (0* A V MM M (O0 7 C410 I NM �� (9 N N �n o)� h0 CD 0 r0 m fa O m O r r NN 0 n M Inn nN N C4 M NCO co O W (.. W C4 M N N N V N �m (O (O N(y f�(� ON1 {0 W �Nt�+] N I-D 0 r R 0 NO rO) NN (D (") N b MNO M O CD N InOL t00 BYO nN n� W 01 (O O NO0 O r N O 0 U to w a rN- N =� a g Z Z Z LU aC go O r w O 9 W 0 O Z co r w 111 c > Z 2 m 1 a s m =i m LU W W O@e� W Qgo W m =' 'o O W Q p L E$ U o J W a W Z Q U v ? v : m v v : : Qat�aa Q W _No C) Q N QO N U C d N o U o LL W N y J V W a Q Z ��E erE Q�E _j ZITE i4� aoi W�EpmUQU Q Q O pp O Q .0. NU O U O O.O. J fnU O 0 F 0 HU (0 Z O O Q Q W r2 (n J M d(nU N(nU W =(nU fn�UK2 (n0 W i 3 > m m (Q7=i�a M s a= f ONSTRUOON, INC Glendora Beverly Hills San Clemente La Quetta Las Vegas Monthly Executive Status Report City of La Quints Vista Dunes Courtyard Homes Presented to The City of La Quinta: January 4, 2008 For the Month of December, 2007 • No negative community related problems / issues reported. • Permanent power to first units 12/3/07 - Units 178, 179 & 180. • Applied Common Building exterior stucco and paint. • Completed Maintenance Building framing, roofing, windows and doors. • Completed solar panel framing installation. • Completed insulation installation in units and received final inspection with some minor corrective work remaining; Completed drywall installation in all units. • Continued installation of steel (to Cluster 1 1) and CMU wall (to Cluster 9) at unit carports. • Continued installation of unit cabinets, in progress to Cluster 7. • Continued unit exterior painting: base coat complete; accent color complete to Cluster 7. • Continued unit interior paint to Cluster 1 1 and base coat in Cluster 12. • Continued landscape irrigation installation; main lines installed and unit lines in along east side of project. • Continued installation of carport perforated metal overhangs, complete to Cluster 9. • Continued installation of CMU patio walls; complete to Cluster 9. • Began installation of driveways and sidewalks; complete to Cluster 7. • Began installation of pool, associated piping and adjacent CMU wall; received gunite inspection. • Installed site dry well at southeast corner of project. Schedule Performance to Date • Original Completion Date: 9-5-07 • New Completion Date: 3-6-08 • Targeted occupancy time frame: 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 93.2 , Safety Performance To Date I • One lost time accident and worker's compensation claim due to injury occurred 9/07. UDcomina Month's Priorities/Key Activities (January, 2008) • 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, Pool & Common Building. • Complete cabinet, door/hardware and solar panel installation in the units. • Install site landscaping and exterior lighting. • Install site signage and unit addressing. 6 404 CONSTR KTIONI Op Glendora Beverly Hills San Clemente LaQuinta LasVegas Monthly Executive Status Report City of La Quints City Hall Expansion (Presented to the City of La Quinta: January 4, 2008 For the Month of December, 2007 • Completed installation of all millwork in all scoped areas • Installed doors and storefronts for all areas • Carpet and painted of WA's #4, #5 & #6 • Skylights installed and all roofing completed • Commenced all flatwork throughout perimeter of expansion • All data cabling, low voltage, and electrical completed throughout expansion • All fire protection completed and ceiling tiles in place Schedule Performance Project to Date • 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 31, 2008 Budget Performan<:e 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 84 1,250,006 Contingency Used To Date 1,250,006 Current Cost Commitments (original bid + change orders 9,950,006 Uncommitted Available Bud et Remaining 149,994 Current Commitments as % of Total Available Budget 98.5% Safety Performance Project to Date No claims clue to injuries or safety violations. Uocomina Month's Priorities/Kev Activities (January. 20081 • Final inspection for occupancy (Riverside County Fire Marshal) • State inspection of elevators • Delivery of all FF&E's for WA's #4, #5 & #6 • Paint and carpet existing interiors to match expansion • Added scope of work for all existing interiors (paint and carpet) work will be scheduled after hours • Complete and turnover completed expansion project to client (south parking lot excluded) rti Wt i _ ". 'a Glendora BeverlyHills SanClemente, LaQuinta Monthly Executive Status Report City of La Quints Museum Expansion Presented to The City of La Quinta: January 4, 2008 For the Month of December, 2007 • Commenced piping and conduit run for water feature • Commenced wrapping, lath, plaster on the exterior of building • Insulation of all walls completed • Installation of all exterior ceramic the • Installation of roof tiles Schedule Performance Project to Date • Notice to proceed: 6/25/07 (Based on approvals from utilities) • Original construction completion date: 4/25/08 • Projected 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 1 1 105,728 Contingency Used To Date $105,728 Current Cost Commitments (original bid + change orders 2,605,728 Uncommitted Available Budget Remaining 94,272 Current Commitments as % of Total Available Budget 96.5% Safety Performance Project To Date • No Lost Time or Claims due to injuries or safety violations. • No on -site accidents to date. Upcoming Month's Priorities/Key Activities (January. 20081 • Installation of fire hydrant & tie into detector check • Trenching and installation of dry utilities (IID/Verizon/Time Warner) • Commence scratch and coat, prepping for stucco • Building dry wall installation DEPARTMENT REPORT: 5 F NOFT TO: Honorable Mayor and Members of the CityCouncil FROM: Edie Hylton, Community Services Director! DATE: January 15, 2008 �-� ` SUBJECT: Community Services Department Report for December 2007 UPCOMING EVENTS OF THE COMMUNITY SERVICES DEPARTMENT FOR THE MONTH OF FEBI9UARY 2008: Feb 1 *Valentine Dance Feb 1 Tae Kwon Do, La Quinta High School Feb 1 Zumba, Senior Center Feb 2 The Nature Depot, Senior Center Feb 4 *Met Pilates Feb 4 *Ageless Action Aerobics Feb 4 Ballroom Dancing, Senior Center Feb 4 Jazzercise, Senior Center Feb 5 *Free Tax Assistance Feb 5 *Tai Chi Advanced Feb 5 *Digital Photo Feb 5 *Hatha Yoga Feb 5 *Microsoft Excel (4 classes) Feb 6 *Tap Technique Feb 6 *Issues of the Day Feb 6 Adobe Photoshop Professional Version, Senior Center Feb 7 Dance/Play/Pretend, La Quinta High School Feb 7 Beginning Ballet, La Quinta High School Feb 7 *Photo Editing 1 Feb 7 *Tai Chi for Everyone Feb 7 *Intermediate/Advanced Social Ballroom Dance & American Latin Feb 7 *Dress w/ Pizzazz Feb 7 Adobe Elements Intermediate Course, Senior Center Feb 8 *Never Cook Again Feb 9 *Conventions Bridge Lessons Feb 9 *Defense in Bridge Lessons Feb 11 *Beginning Bridge Lessons Feb 11 Desert Adventure Boot Camp, La Quinta Park Feb 12 Personal Touch Body Sculpting, Senior Center ' 407 Feb 12 Beginning Guitar, Senior Center Feb 12 Guitar Second Level Feb 12 Adobe Elements Basic Course, Senior Center Feb 12 *Photo Editing 2 Feb 12 *Nutrition Class Feb 12 *Adult CPR and Basic First Aid Feb 12 Wicked Dinner & Show Excursion Feb 13 * Self -Publishing Feb 13 *FREE Introduction to Sketching Feb 14 *Valentine Luncheon Feb 14 *Photo Editing 3 Feb 19 *Basic Computer Feb 19 *Beginning Watercolor Feb 19 *Photo Editing 4 Feb 19 Intermediate Belly Dancing, La Quinta High School Feb 20 *Sketching & Drawing Feb 21 *Beginning Social Ballroom Dance & American Latin Feb 21 CV Hiking Class Feb 21 *Mature Driver Training Feb 21 *Basic Internet Feb 21 *E-Mail Feb 22 *Never Cook Again Feb 23 CV Hike Feb 23 CPR/ First Aid Feb 23 Distinguished Artists Award Reception, Civic Center Campus Feb 25 *Intermediate/Advanced Watercolor Feb 25 Sign, Say & Play, Senior Center Feb 26 *Dog Training Feb 26 *List & Labels Feb 26 *Word Processing Feb 27 *Acrylic Painting Feb 27 *Acrylic & Watercolor Painting, Senior Center Feb 28 *Files & Folders Feb 28 *Word Processing Level 2 Feb 28 Beginning Belly Dancing, La Quinta High School *Daytime Senior Center class or activity 405 Community Services Program Report for December 2007 2007 2006 2007 2006 Participants I Participants Variance Meetings Meetings Leisure Classes Ballroom Dancing 11 0 11 4 0 Zumba 14 0 14 21 0 Microsoft Excel 9 6 3 4 2 Tae Kwon Do 4 7 -3 21 12 Totals 38 131 251 50 14 2007 2006 2007 2006 Participants Participants I Variance Meetings Meetings Special Events Breakfast With Santa 220 200 20 1 1 Tree Lighting Ceremony * 350 700 -350 1 1 Newport Harbor Excursion 22 46 -24 1 1 Totals 592 946 -354 3 3 2007 2006 2007 2006 Participants Participants I Variance Meetings Meetings Adult Sports Open Gym Basketball 74 197 -123 21 20 Fitness Center 290 61 229 21 20 Adult Soccer League 220 180 40 3 3 Totals 584 438 146 45 43 Recreation Totals 1,2141 1,397 -1831 98 1 60 * Event was moved indoors this year due to anticipated bad weather. r 1'1 409 Community Services Department Attendance Report for the Month of December 2007 Summary Sheet Program 2007 2006 Variance Sessions Per Month 2007 2006 Leisure Classes 38 31 71 50 22 Special Events 592 946 -354 3 3 Adult Sports 584 438 146 45 43 Senior Center 1052 1026 26 86 67 Total 2,266 2,441 -175 184 135 Senior Services Senior Center 218 300 -82 14 16 Total 218 300 -821 14 16 Sports User Groups La Quinta Park Use AYSO 1200 1500 -300 15 21 Desert Club Chivas 60 0 60 3 0 La Quinta FC 151 0 15 1 0 Sports Complex LQ Sports & Youth 120 75 45 12 14 Col. Paige School AYSO 450 0 450 3 0 Facility/Park Rentals Senior Center (Private Party) 5001 200 300 4 1 (Church) 375 375 0 5 5 Library Classroom 600 550 50 12 11 Civic Center (Private Part) 0 50 -50 0 1 Park Rentals La Quinta Park 200 150 501 41 3 Fritz Burns Park 50 0 50 1 0 Total 3,570 2,900 670 60 56 Total Programs 6,064 5,641 413 258 207 Volunteer Hours Senior Center 1_ 2301 415 -185 Total Volunteer Hours 1 2301 415 -185 419 Monthly Revenue Report for December 2007 Monthly Revenue - Facility Rentals 2007 2006 Variance Library * $ 210.00 $ 2,495.00 $ (2,285.00) Senior Center $ 3,465.00 $ 2,797.50 $ 667.50 Parks $ 160.00 $ 250.00 $ 90.00 Sports Fields $ 590.00 $ 77.00 $ 513.00 Monthly Facility Revenue $ 4,425.00 $ 5,619.50 Monthly Revenue Senior Center $ 4,011.00 $ 2,497.00 1 $ 1,514.00 Community Services $ 3,698.00 $ 1,788.00 $ 1,910.00 La Quinta Resident Cards $ 2,295.00 $ 3,510.00 $ (1,215.00) Fitness Cards $ 330.00 $ 225.00 $ 105.00 Total Revenue $ 10,334.00 $ 8,020.00 $ 2,314.00 Revenue Year to Date Facility Revenue $ 35,083.00 $ 44,076.50 $ (8,993.50) Senior Center $ 35,622.00 $ 30,236.50 $ 5,385.50 Community Services $ 30,476.50 $ 21,125.00 $ 9,351.50 La Quinta Resident Cards $ 11,085.00 $ 18,315.00 $ (7,230.00) Fitness Cards $ 3,160.00 $ 1,755.00 $ 1,405.00 Total Revenue to Date $ 115,426.50 $ 115,508.00 $ (81.50) * 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. ,� 411 Senior Center Attendance Senior Center Program Report for December 2007 Participation Participation Variance Meetings Meetings 2007 2006 2007 Off - Senior Activities ACBL Bridge 200 177 23 3 3 Bridge, Duplicate/Social/Part 279 304 -25 10 11 Holiday Dance 44 59 -15 1 1 Arts & Crafts Bazaar 50 80 1 1 Investment Club 51 0 51 1 0 Monthly Birthday Party 25 20 5 1 1 Monthly Luncheon 135 105 30 1 1 Movie Time 60 21 39 5 3 Putting Contest 4 0 4 1 0 Tennis Club 8 0 8 3 0 Walking Club 4 0 4 6 0 Senior Activity Total $14 766 78 33 21 Senior Leisure Classes Acrylic Painting 4 0 4 1 0 Arts & Crafts 3 3 0 1 1 Ballroom Dance 19 15 4 4 3 Computer Classes 14 8 6 5 2 Dress w/ Pizazz 51 0 5 2 0 Exercise 32 36 -4 10 12 Golden Tones 48 44 4 3 3 Hatha Yoga 7 0 7 3 0 Hooked on Loops 9 4 5 3 3 Issues of the Day 32 26 6 2 4 Pilates 5 6 -1 7 4 Quilting 8 14 -6 1 2 Tai Chi 6 6 01 3 4 Ukulele Players 16 12 4 4 4 Woodcarvers 30 34 -4 4 4 Senior Leisure Classes Total 238 208 30 53 46 TOTAL SENIOR PROGRAMS 1052 974 108 86 67 Senior Services Health Screening - Nutritional Counseling 1 0 1 1 0 FIND Food Distribution 136 198 -62 4 5 HICAP 6 5 1 2 2 Holiday Gourds (Craft Project) 12 0 12 1 0 I I D Energy Assistance/No fee 10 24 -14 4 4 Legal Consultation 6 5 1 1 1 Notary Service 2 0 2 1 0 Visiting Nurses - Glucose Testing 9 0 9 1 0 Volunteers 36 24 12 n/a n/a TOTAL SENIOR. SERVICES 218 256 -39 14 12 SENIOR CENTER TOTAL 1270 1230 69 100 79 4:12 Volunteer Hours__ 2006 Variance Senior Center 230 415 -185 Volunteer Total: 230 415 185 Revenue Senior Center Revenue $4,011.00 $2,497.00 $1,514.00 Revenue Total $4,011 00 $2,497.00 $1,514.00 Dec-07 413 Parks Activities Updates For December 2007 New dog bag dispensers were installed at the Fritz Burns Dog Park. Previously, there was only one dog bag dispenser at the entrance to the dog park. Now, there are dispensers in each of the two off -leash dog areas. Vandals damaged the fields at the Sports Complex by driving a car or truck onto the fields and spinning their wheels. The damage was done to the infields as well as the outfield turf. The LQSYA corrected the infields with their equipment and the landscape contractors did their best to repair the turf. Unfortunately the turf is dormant this time of the year. DSUSD is aware of the damage and a police report was filed. Staff met with DSUSD regarding the Sports Complex Rehabilitation Project. The City contracted with Community Works for the La Quinta Sports Complex Needs Analysis and Rehabilitation Plan. Community Works provided City staff with two proposal plans based upon the Needs Analysis. These were forwarded to DSUSD for review. Thee School District chose one proposal and worked internally to determine their feasibility and funding. At the meeting, DSUSD provided City Staff with information regarding their funding, their scope of work, and the phasing of the project. The project is being planned in two phases with the first phase beginning in the summer '09. The School District will be the project administrator with shared funding being provided by the City for fencing and backstops, concrete and hard scaping, non -turf infields, the concession building, and furnishings. Community Works was given the assignment to break the project into two phases with cost estimates for the School Districts scope of work and the City's share of funding. A landscape retaining wall was built this month in the northeast corner of t-a Quinta Park. This project was budgeted for this year to fill the area of landscape between the northeast sidewalk and the north wall. A possible hazard existed for pedestrians who might step off the sidewalk. The retaining wall was constructed to bring the landscape to the same level as the walkway. A drain was installed in the northeast soccer field at La Quinta Park. The park is designed so excessive water will drain into the lower soccer field which acts as a retention basin for the park. This design has worked effectively since the park was completed but it causes the field to be closed until the surface water can percolate into the soil. The new drain will move the surface water from the lower soccer field to the neighborhiood retention basin located on the northeast side of La Quinta Park. The fence at the Fred Wolff Bear Creek Nature Preserve was installed. Minor adjustments and changes will be made before the final walk-through. 414 Department Report: . 7 TO: The Honorable Mayor and Members of the City Council FROM: Les Johnson, Planning Directo (� DATE: January 15, 2008 SUBJECT: Department Report for the Month of December 2007 Attached please find a copy of the Planning Department Report which outlines the current cases processed by staff for the month of December. t. Q 4:15 P:\Monthly Report Folder\2007\DECEMBER 2007.doc 1 H Z w 2 m a w C7 Z Z Z J 0- 0 (L w m H Z w F o: a w a r� O O N 0 w 00 2 w U w 0 0 LU Z H O F- -o a) a m m OC a U O E (n o w w Y U 0 'O 'o a m 'a 'O m m m m m m m m Q U W CO (D N d d d d d d N d d a) O 0 o 0 0 0 = •„ E IF+ Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y 0 O E E E E E E E E E E E E E E E E E w Z a C _o a a .0 . a a a00 .. a a .0 .0 ..0 a a Z c o >>>>>>>>>>>>>>>>> .0 a — V) y V) to y V7 W1 (n y M 0 y y dl y y y It 00 0(' (D 000��OItNOON DOM Z Q N Z O J y Q V U W L 0 LU 0 N o Z C� Y +y+ C a1 y EC E y a) a ~ ,. InE E cn Y E E a o �LU L N cn N a) d 2 d C a N Q Q N E E y E y U w Q) Q U) D Y m 7 Y N 0 y a c I`a a a1 y y Y c a a o� .� O ns H a� C v 0 c E E a Q o y m 0 E> a T `w � U 'y c U > 0> T t r a cD Com c Q 0 a� U. _E °c . 0 °c °c —yCLO m aa)U � a�v > '> c E c(D Ucn U0Lu(D_5 aaini5U)F- NN 416 N n O O N N W m w U LLJ F— rl O O N J • 00 co 00 N y O M H H <� 'O (D _O_ F- c OL a) o- E U Q u.j O N N N N N y N N N N a)❑> LU Y_ }}N+r N N Y Y Y W E E E E E E a E E E E E > O a .0 .0 -0 -0 Da-0a.0.0 = cc CL m m z m 7 m W 7 7 7 0 7 CL CL to N fN W U) (a Ch N N 0 M N d Q W U � H Z F- Z)O a° W z uJ CL W ❑_ F- a) c: 4y+ U) Y N c N y != aci E a) E ,�, W c J c� E E v 0 a LL Q ` �'� aci ¢ U Oa �' d c E E cc W at CL cnQ Q E U a) Q m fp >, m Vl m cU m� m t o H a) c v 7 0 0 o.Ea E > o >>s� zc� 'Y O O f`0 O a O 'Y a) U 07 J J L « t c ❑ m rn m c Q f- Q F- 0 0) > m 07 Y OO U❑w(7CCV)U)U)F�>NN N N 7 a) lY0 a `m N d i+ N 0 O a) m 7 Q cn O O LO m 0 m O CL CL m a) V 7 U .c 0 c cn (1) O W M DEPARTMENT REPORT: �7—A TO: The Honorable Mayor and Members of the City Council FROM: Douglas R. Evans, Assistant City M ager-Development Servic Les Johnson, Planning Directo/t7/ DATE: January 15, 2008 SUBJECT: Update Regarding Sphere of Influence East of City Limits During consideration of the Ad -Hoc Committee for the Sphere of Influence (S01) area at the December 18 City Council meeting, discussion focused upon the status of two potential annexations and the entitlement applications accompanying them. The following provides a summary of the status of The Enclave and La Quinta Motor Coach Resort entitlement and annexation proposals: The Enclave The project developer is Bayshore Development. Three applications are currently being processed; a. specific plan (SP 06-079), a tentative parcel map (PM 33986) and a tentative tract map (TT33982). The proposed development, as recently revised, consists of 467 single-family residential lots on approximately 154 acres located at the northeast corner of Avenue 62 and Monroe Street. Since formal application submittal in 2006, staff has continued to work with the applicant in processing these applications. The developer submitted revised specific plan and tentative tract map exhibits in November and is in the process of completing the traffic study. Once completed, staff will be able to proceed with the CEQA process, which is a critical necessary step in the application process. Staff previously informed the applicant that a requirement of the SOI entitlement process is to present the proposed development to the Vista Santa Rosa Community Council for comment. To date, this has not been completed and the applicant has yet to inform staff as to when they are proposing to present to the Community Council. Staff has reminded the applicant that this step must be completed before; their applications will be scheduled for consideration by the Planning Commission and City Council. The applicant has completed a Plan of Services for potential annexation that only includes the subject property. However, the applicant has discussed with staff a potential annexation boundary which includes most of the properties bounded by Avenue 61, Monroe Street, Avenue 62 and Jackson Street. In light of the provision requiring all property owners to sign a Pre -annexation Development Agreement, the applicant recently informed staff that the owners of two properties located north of The Enclave and immediately east of Monroe are, at this time, not willing to sign such an agreement. LAFCO staff previously informed City staff that these two properties would need to be included with The Enclave in an annexation request in order for LAFCO staff to support the request. Staff previously reported to City Council that The Enclave development has been in the application process the longest. However, it is anticipated the applications will be able to proceed to the hearing process once the remaining items have been submitted. Additionally, staff conservatively estimated the entitlement application process could take 6-12 months and the annexation process approximately 9-12 months. In the last 30 days, staff has met with the applicant and LAFCO staff in an attempt to more clearly estimate a time line and has concluded that the entitlement and annexation process combined for The Enclave could be completed within the next 9-12 months. La Quinta Motor Coach Resort The project developer is E. Randall Henderson. Several applications are currently being processed; a general plan amendment (GPA 07-110), a zone change (ZC 07- 132), a specific plan (SP 07-083) and a tentative tract map (TT 35238). The developer proposes to establish 382 motor coach lots on approximately 80 acres located between Avenues 58 and 59, one quarter mile east of Monroe Street. Similar to their facility on Avenue 48 in Indio, amenities will include a clubhouse, swimming pools and an 18-hole executive golf course. Applications were submitted last March and staff has continued to work with the applicant's representatives in providing review comments on the overall project. Staff recently expressed concern with the amount of turf proposed and the ability for the proposed development to comply with the recently updated CVWD landscape regulations. The applicant has; completed a LAFCO annexation application packet that includes all of the properties within the western one-half of the section bounded by Avenue 58, Monroe Street, and Avenue 60, consisting of approximately 210 acres. According to Riverside County Registrar of Voters, 23 registered voters reside within the proposed annexation area. Since there are more than 12 registered voters, the proposed annexation is considered to be inhabited and will be processed accordingly. I.U� 419 In addition, the applicant and his financial consultant, Mr. Stanley Hoffman, continue to interact with staff with regard to the fiscal impact of the proposed development. Staff has reviewed the latest version of the "Monroe East Annexation Development Fiscal Analysis" and accompanying memo provided by Mr. Hoffman on December 14, 2007. Mr. Hoffman's memo reiterates thoughts he expressed in prior communications regarding the calculation of a fiscal mitigation fee for annexations, specifically the number of persons per household and the calculation of law enforcement costs. Mr. Hoffman did modify his fiscal impact analysis to address staff concerns previously expressed, including occupancy rates and sales tax generation in the proposed motor coach development. Staff believes discussion of the potential mitigation fee for this project is premature. Based on the geography of the subject property, which is not immediately adjacent to the City, annexation will be a more complicated process than is expected for The Enclave development. For a successful annexation of this property, several other properties need to be annexed to meet LAFCO standards and requirements. Neither Mr. Hoffman nor his clients have provided any indication that these property owners support annexation. Staff is prepared to undertake a survey of these property owners at the Council's direction. Vista Santa Rosa Task Force As was briefly mentioned during the December 18 City Council meeting, the Vista Santa Rosa Task Force reconvened on December 6 to discuss potential refinements to the Vista Santa Rosa Land Use Concept Plan (LUCP). As you may recall, the Task Force completed review of the LUCP last March. Since then, several requests were made for consideration of possible modifications. No formal action was taken on the proposed refinements and will most likely be further discussed at future meetings. County staff provided a schedule for future Task Force meetings with the goal of having the LUCP considered by the Riverside County Planning Commission in either June or September ultimately followed by the Board of Supervisors consideration and action. The next meeting of the Task Force is tentatively identified for late January or early February. The final meeting of the Task Force is likely to occur in April. 420 DEPARTMENT REPORT: TO: The Honorable Mayor and Members of the City Council FROM: Les .Johnson, Planning Directq� DATE: January 15, 2008 (( SUBJECT: Update Regarding the Acoustical Analysis Report for the Rancho La Quinta Master Association Background On December 12, 2007, the City received a letter from Mr. Rob Dawson, President of the Rancho La Quinta Homeowners' Association (RLQHOA) requesting review and consideration of their request for the City to construct a solid wall along the border of Rancho La Quinta and Washington Street and Avenue 48 for the purpose of sound attenuation. In his letter, Mr. Dawson indicates the RLQHOA contracted for the preparation of a Noise Study which has been completed and shows that "the noise levels are too high." Consequently, they are requesting construction of a solid wall, consistent with what the City has done for other areas along Washington Street, to replace the existing six-foot high chain link fence and oleander landscaping along Washington Street and a portion of Avenue 48. Several letters from Rancho La Quinta residents have also been received supporting the request. In response, the Planning Department has researched this request and provides the following information. Original Approval of the "Living Wall" The existing "Living Wall" is comprised of a six-foot high chain link fence located atop a landscape berm adjacent to a hedge of oleander shrubs. This design was part of the original Landscape Master Plan for The Pyramids (later renamed to Rancho La Quinta) proposed by the applicant in 1989 and subsequently approved by the City. The Landscape Master Plan clearly shows the "Living Wall" proposed as it currently exists for both Washington Street and Avenue 48. In addition to the "Living Wall", the Master Landscape Plan illustrations show Washington Street configured with six traffic lanes as it is constructed today. 4:21 Current City Standards The City's General Plan identifies a maximum outdoor noise level of 65 dBA (decibels) CNEL (Community Noise Equivalent Level) as the allowed level for sensitive receptors such as residences (Environment Hazards Element, Noise Goal, Policy 1 and Program 1.1). It further indicates, in Table 8.1, that a dBA range of 50 to 65 is conditionally acceptable for residential uses meaning a study should be done to determine if special noise mitigation measures are needed to address the circumstances of a specific use and location. The Public Works Department has historically used the 65 dBA level as the threshold in making recommendations for other City sponsored sound wall projects along Washington Street. Submitted Noise Study The Noise Study submitted by Mr. Dawson was prepared by Eilar Associates, Acoustical & Environmental Consulting and is dated May 14, 2007. The Study's Executive Summary concludes a sound wall ranging from five to six and one half feet in height is recommended to mitigate future noise levels along Washington Street and Avenue 48. However, this recommendation is based on a 60 dBA threshold level rather than the City's current General Plan standard of 65 dBA. Additionally, only one of the four measurement locations' future dBA levels is projected to exceed 65 dBA (projected at 66.2 dBA). Further, the recommendation is based on a single field measurement taken at four locations on Tuesday, February 27, 2007 between 8:00 a.m. and 9:00 a.m. Typically for a noise study to be accepted by the City, it would, at a minimum, include a 24-hour monitoring period and potentially include multiple such periods for averaging purposes. Summary In summary, based on the information on record, the existing "Living Wall" is in place as originally proposed by the project developer as part of the project's initial approval process which took into account the potential for Washington Street's current six -lane configuration. With regard to the site's current and projected noise levels, based on the Noise Study provided, the City's General Plan, and the location of the residences as buffered from the two streets by golf course improvements and open space, it is unlikely that a solid wall would be required solely for the purpose of sound attenuation under the City's current regulations. In order to provide a more definitive recommendation an expanded noise study meeting the City's study requirements would need to be completed. u,. 422 DEPARTMENT REPORT: 0 c&ht 4 4 Q" MEMORANDUM TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, Public Works Director/City Engineer DATE: .January 7, 2008 SUBJECT: Public Works Department Report for December 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. Tiohothv R. Jo is Woirk/s DirgcYor/City Engineer :.a 421 } Q N Z } W J } z � Z j a E o F } fN Ill 0 w : j UJ a0 � m' U V U J _ co CL LU aw rn Z W N F U J f 4 O O O O O O O - O O O O O O O O O O N N O O O O O O O O O O O O O O O O O O O O O OI O O O O O O O O O O O O O O O O O O O O W W O O O I. O O O .0 O O O O O O O O O W J 6 i d N U A O o 0 0 0 0 0 0 0 0 o O O O O O o 0 oa N � W U 4 j a o 0 0 0 0 00 0 0 0 0 0 0 0 0 o N o M O� W y m O O O O O 00 O O O O O O O O M O M Z N O N t H. 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Code Activity 5 Men 4 Men 12 Men 1 Man Total 1000 Policing/Inspection 36 81 0 11 128 1001 Pot Hole -Repair/Patching 0 4 0 0 4 1002 Crack/Joint-Repair 0 0 0 0 0 1003 Pavement Marking/Legends 0 0 0 0 0 1004 Pavement Marking/Striping 0 0 0 3 3 1005 Curb Painting 1 48 0 0 0 48 1006 Other Traffic Contrcds 22 24 0 2 48 1007 Curb & Gutter Repair/Const. 0 01 0 0 0 1008 Other Concrete Repairs/Const. 0 7 0 0 7 1009 Street Sign Install (New) 2 0 0 0 2 1010 Street Sign Repair/Maint 76 43 0 1 120 1011 Debris Removal 9 31 0 1 41 1012 Right of Way Maint. 2 58 59 0 119 1021 CLEAN Catch Basin Inlet/Outlet 0 8 0 0 8 1022 Rondo Channel Outlet/Vault 4 0 0 0 4 1022A Desert Club Outlet/Vault 0 Oj 0 0 0 1023 S.D./D.W./C.B. Repair/Maint. 0 45 0 41 49 1024 Gutter/Median Sand Removal 0 7 0 0 7 1025 Street Sweeping (Machine) 93 0 0 0 93 1026 Street Sweeping (Hand) 0 0 0 0 0 1027 Sidewalk/Bike Path Cleaning 0 0 4 0 4 1028 Dust Control 0 0 0 0 0 1029 Flood Control 3 0 8 1 12 1031 Parks/Retention Basins Inspection/Clean-L 3 10 66 1 80 1041 Irrig/ Weeding, Shrubs & Tree Trimming 25 0 79 4 1051 Landscape/Irrigation Contract Manageme 0 0 50 13 1052 Lighting/Electrical Contract Management 0 0 0 10 1061 Small Tools Repair/Mamt. 0 0 0 0 M63 1062 Equipment Repair/Maint. 2 0 0 0 1063 Vehicle Repair Maint. 36 27 0 0 1081 Trash/Litter/Recycable Removal 0 4 0 0 1082 Vandalism Repairs 0 0 0 0 0 1083 Graffiti Removal 191 113 0 gi 313 1084 Maint. Yard Building Maint. 23 4 0 0 27 1085 Seminars/Training 0 2 0 0 2 1086 Special Events 0 0 0 0 0 1087 Citizen Complaints/Requests 68 0 0 0 68 1088 Meeting 31 501 14 20 115 1089 Office (Phone, paper work, reports, Misc.) 14 261 8 34 82 SUBTOTAL 6881 5441 288 114 1634 1091 Over Time 9 16 20 0 45 1094 Jury Duty( 0 0 0 0 0 1095 Sick Leave 16 8 0 4 28 1096 Vacation 16 24 0 26 66 1097 Holiday 80 64 32 16 192 1098 Floating Holiday 0 0 0 0 0 1099 Worker Comp/ Bereavement 0 0 0 0 0 SUBTOTAL 1211 1121 521 461 331 TOTAL HOURS 8091 6561 3401 1601 1965 TOTAL MILES 36981 32751 12581 2961 8527 430 Department Report: _? LA IU'l TA RICE Served by the riverside Gourriy Sherffs Deparonern Police Department Monthly Report December -- 2007 Prepared for 431 La Quinta Police Department SIGNIFICANT ACTIVITY REPORT Captain Colleen Walker Chief of Police (Number in parenthesis denotes number of calls for service that day.) 12101 Saturdav (11 1019 hours — Deputy Fiebig responded to Sam's Club regarding a report of a theft. Santos Franco, a Sam's Club employee, was stopped as he attempted to exit the store with concealed items without paying for them. Franco admitted to the crime and was booked at the county jail in Indio for burglary. 1443 hours — Deputy Knight responded to Wal-Mart regarding a report of a theft. Arrested for shoplifting and child endangerment were Derek Sanchez and Priscilla Rodriguez. The suspect's two children, ages two and three, were with them during the crime. The children were released to the grandmother. 1445 hours — Deputy Fiebig responded to the, Wal-Mart to investigate a report of child endangerment. Business District Deputy Burgie had observed a small child inside a vehicle with no adult present. Deputy Fiebig found a six -year old girl sitting in the car, with the keys in the ignition, turned to allow her to listen to the radio. Arrested for child endangerment and a violation of Kaitlyn's Law (15620 VC) was Dominique Bandin. 11505 hours- Deputy Knight arrested Monica Teresa Montano for commercial burglary, providing false information to a peace officer, and an outstanding parole violation warrant as well as her 17 year -old companion for commercial burglary at Wal-Mart. Montano was booked into the Indio Jail. The juvenile was transported to JFK Hospital for medical clearance then booked into the Indio Juvenile Hall. 1900 hours- Deputy Trueblood responded to a report of a domestic disturbance in the 54000 block of Southern Hills. Investigation revealed that Brad Campbell had assaulted his wife and slammed her arm in a door. Paramedics responded and treated the victim at the scene. She sustained minor injuries to her arm Campbell was booked into the Indio Jail for felony domestic violence. 2:356 hours- Deputy Matos arrested Eton Calderon for an outstanding misdemeanor domestic violence warrant during a traffic stop at Highway 111 and Jefferson. Calderon was booked into the Indio Jail. 12/02 Sunday (68) 1900 hours - Deputy Taylor responded to Target regarding a theft in progress. He contacted Matthew Parent and Gabriel Moritz as they left the location in a vehicle. Both subjects were arrested for commercial burglary and conspiracy. Parent was also charged with a burglary from Wal-Mart, which occurred earlier in the day as well as a parole violation. 1949 hours - Deputy Illera responded to a suspicious circumstances call at Calle Tampico X Avenida Bermudas. James Clay was found to be drunk in public. Clay was booked into the Indio Jail. 12103 Monday (69) 1930 hours- Set Team Deputies conducted a pedestrian check in front of the Gamestop Store. Andres Romero Tanoria was arrested for two misdemeanor warrants for driving under the influence and for public intoxication. Tanoria was booked into the Indio Jail. +u 432 12/04 Tuesdav (80 1025 hours - Deputy Russell conducted a vehicle stop in the area of Washington and Lake La Quinta Drive. A records check determined the passenger of the vehicle, Miguel Angel Ortega, had an outstanding misdemeanor warrant for vehicle code violations. Ortega was arrested and booked at the Indio Jail. 1800 hours — Deputies Stillings and Myers responded to Wal-Mart in reference to a report of shoplifting. Elizabeth Salazar was arrested for shoplifting and Patricia Lopez was arrested for shoplifting and possession of drug paraphernalia. Both suspects were booked at the Indio Jail. 12/05 Wednesday (86) 0100 hours - Deputy Trower responded to the 47700 block of Adams Street regarding a domestic violence incident. Lisa Deluca was arrested for spousal battery and booked Into the Indio Jail. 1335 hours — La Quinta SET conducted a pedestrian check of Edward Hernandez on the comer of Hwy 111 and Jefferson. Hernandez was arrested for a DUI warrant and booked into the Indio jail. 1430 hours — La Quinta SET conducted a pedestrian check of Luis Mendoza on the comer of Hwy 111 and Dune Palms. Mendoza was arrested for nol registering as a sex offender. He was booked into the Indio jail. 1550 hours — La Quinta SET conducted a pedestrian check of Jason Olms on the comer of Hwy I I I and Dune Palms. Olms was arrested for public intoxication and booked into the Indio jail. 1720 hours — La Quinta SET conducted a pedestrian check of Isaac Ruiz and Ben Ruiz in front of Game Stop. Isaac was arrested for public intoxication and Ben for a misdemeanor traffic warrant. Both were booked into the Indio jail. 1820 hours- Deputy Chancellor arrested Rachael Fraz for shoplifting at Wal-Mart. Fraz was booked into the Indio Jail. 2040 hours — La Quinta SET was conducting business checks in the area of Best Buy when a blue Toyota Canny was spotted parked and occupied by two in the parking lot. Contact was made with the occupants and Ronny J. Dioyos was arrested for being a felon in possession of ammunition, marijuana, and driving on a suspended license. Dioyos was booked into Indio jail. 12/06 Thursday (102) 0018 hours- Deputy Trower arrested Victor Navarro for driving under the influence following a traffic stop at Calle Guatemala and Calle Cadiz. Navarro was booked into the Indio Jail. 0110 hours- Deputy Bawdon arrested Michelle Garcia for driving under the influence following a traffic stop at Madison Street and Avenue 52. Garcia was booked into the Indio Jail. 1627 hours — Deputy M. Martinez responded to an unattended death in the 43400 block of Bordeaux. A ninety-two year old male was under Hospice care and died in the presence of a Hospice nurse. 1700 hours — La Quinta SET responded to Wal-Mart regarding a shoplifter in custody call. Arrested was Rosanne Gomez who was booked into the Indio jail. Report by Celaya. 2112 hours- Deputy Darascavage arrested Eleni Theodoropoulos and Maria Brizuela for commercial burglary and conspiracy at Wal-Mart. Both suspects were booked into the Indio Jail. 4u 433 12107 Fridav (113 0230 hours- Deputy Maros arrested Jennifer Boyens for violation of a restraining order in the 78700 block of Irwin Circle. Boyens was booked into the Indio Jail. 0250 hours- Deputy S. Hughes arrested Michael Rexford Flaherty for driving under the influence after he crashed his golf cart into a parked car in the 79300 block of Calle Sonrisa. Flaherty was transported to J1FK Hospital for medical clearance and then booked into the Indio Jail. 0816 hours — Deputy Knight responded to the 47700 block of Adams regarding a man down call. Garrett Michael Nelson was found on the bathroom floor, unresponsive with blood coming out of his head. It appears that Nelson overdosed on an unknown drug, fell and hit his head. 0920 hours — Deputy Fiebig responded to Washington and Highway 111 where he ped checked Paul Norreied who was found to have an outstanding felony warrant for receiving stolen property. Norreied was also in possession of a woman's wallet which he claimed to have found. The wallet and its contents were taken as found property. Norreied was arrested and booked at the Indio jail. 1122 hours — Deputy M. Martinez responded to an unattended death in the 78700 block of Rockberry. The adult female resident appeared to have died of medical complications brought on by a brain tumor and a recent replacement of the aortic valve. 1300 hours- Set Team Deputy Butvidas conducted a consensual contact at Miles and Washington with Antonio Almanzan. Almanzan was found to have an outstanding felony, fugitive from justice, no bail warrant. He was booked into the Indio Jail. 12/08 Saturdav (11 1530 hours — Deputy Martinez conducted a ped check at the AM/PM on Washington and Channel Drive. Peter Rodriguez was found to be a parolee at large. Rodriguez had a no -bail warrant and was booked at the Indio jail. 1616 hours — Deputies Burgie and Trower were working a two -man unit in the business district when they responded to a report of a shoplifter in custody at Wal-Mart. Arrested and booked for shoplifting was Susan Hernandez. Her two children were released to a relative. 1723 hours — Deputy Wiggs responded to Mountain View and Washington Street in the city of Palm Desert reference a suspected DUI driver that was spotted earlier at Washington and Fred Waring in the city of La Quinta. Sgt. Reynolds from the Palm Desert station was out with the vehicle and driver. The driver refused to exit the vehicle and began backing toward, the officers. Eventually the suspect complied and exited the vehicle. Arrested and booked for suspicion of driving while under the influence was Edith Allen -Smith. 2111 hours- Deputies responded to an armed robbery that just occurred at Quizno's. Investigation revealed that two adult males entered the business, displayed a weapon, assaulted one employee and took money from the cash register and the safe. Two other adult males remained outside as lookouts. All four suspects fled the scene on foot before deputies arrived. 12/09 Sunday (90) 0100 hours- While assisting at the armed robbery at Quizno's, Deputy I. White heard a traffic collision in the area of Simon Drive and Highway 111. He then saw a suspect flee on foot after striking a parked car on Simon Drive, south of Highway 111. A fool. pursuit ensued and the suspect was taken into custody in the parking lot of Circuit City. Daniel Vredenburg was arrested for driving under the influence and misdemeanor hit and run. Vredenburg refused all chemical tests and was transported to JFK Hospital for medical clearance and then booked into the Indio Jail ;); 434 1737 hours — Deputy Donowho responded to the 49400 block of Eisenhower regarding a traffic accident. The juvenile bicyclist had been transported to Desert Hospital prior to deputies arrival. Investigation revealed that De Coster -Moreno pulled out of the parking lot at Old Town La Quinta onto Avenida Bermudas and struck a 16 year old juvenile riding a bike. The juvenile was transported to Desert Hospital complaining of pain. It was learned that the juvenile was riding his bike without lights and on the wrong aide of the street when he was struck. De Coster -Moreno was cited for driving on a suspended license and released at the scene. Deputy Knight responded to Desert Hospital and found that the juvenile had no broken bones and would be treated and released. 12/10 Mondav (78 0054 hours - Deputy Trower conducted a vehicle stop at Hwy. 111 x Adams, La Quinta. He contacted Jarred Garza and found he was driving under the influence of alcohol. Garza was arrested and booked into i he Indio Jail. 1304 hours — Deputy Russell responded to the 52400 block of Obregon regarding a domestic assault. ]Federico Sanchez Ramirez struck his wife several times during an argument. The victim had no visual injuries and did not require medical treatment. During the argument Ramirez threatened to kill his wife. Ramirez was arrested for domestic assault and criminal threats. He was transported to the Indio Jail and booked. 2210 hours - Deputy Ramsey responded to the La Quinta Circuit City regarding a fraud. A female came into the store to open a credit account but her identification did not look right. Deputy Ramsey tracked down the suspect, Ana Hernandez, and discovered Hernandez had purchased false identification in Los Angeles. She admitted to filling out a false credit application and was arrested for several felony charges. ]Hernandez was booked into the Indio Jail. l2/11 Tuesday (88) 1130 hours- La Quinta SET arrested Bernardo Leos for warrants for resisting arrest and possession of marijuana at his residence in the 52300 block of Eisenhower Dr. Leos was booked into Indio jail. 1140 hours — La Quints, SET conducted a pedestrian check in the 78600 block of Avenida La Torres and arrested Ricardo Rivera for a drug paraphernalia warrant. Rivera was also found in possession of a fictitious $50.00 bill. He was booked for the warrant and for new charges of possession of fictitious note. 1436 hours —Deputy Nieburger conducted a vehicle stop at Ave. 50 and Montero. Jose Carlos Campos was arrested for possession of marijuana for sale. Campos also was in possession of a scale. Campos was transported to the Indio Jail and booked. 1459 hours — Business District Deputy Burgie responded to a theft at Kohl's Department Store. Deputy Burgie arrested a male juvenile for commercial burglary. The juvenile was transported to Juvenile Hall and booked. 1729 hours - La Quinta SET responded to rthe 79400 block of Camelback Drive, Bermuda Dunes, regarding a trespassing at the Bermuda Dunes Country Club. Deputy T. White recognized Jesse Albert Jackson as a suspect in a past mobile detailing burglary ring investigation. Deputy White interviewed Jackson and Jackson admitted his involvement. Jackson was booked into Indio Jail for burglary, vehicle theft, possession of stolen property, and arson. l2/12 Wednesdav (86 0914 hours — Deputy Amezcua responded to the 78800 block of Nolan Circle in reference to a reported runaway juvenile. The investigation led to the 47700 block of Via Terieste. The 15-year-old juvenile was located at the location and was in possession of Cocaine and Vicodin. The juvenile was transported to Juvenile Hall and booked for possession of Cocaine and dangerous drugs. 0 435 1445 hours — La Quints, SET (Bike Patrol) conducted a vehicle check in the parking lot of the Sam's Club and contacted Jose Chaps, Jr.and Jose Chapa Sr. Both were smoking marijuana and drinking beer in the presence of Chaps, Ses 16-year-old son. Both were arrested and booked at the Indio Jail. The 16-year-old son was released to his mother. 1600 hours — La Quinta SET (Bike Patrol) conducted a vehicle check in front of Home Depot and arrested Ralph Gallegos for a felony perjury and welfare fraud warrant. He was booked at the Indio Jail. 1700 hours — La Quints, SET (Bike Patrol) conducted a pedestrian check in front of Auto Zone and arrested Samuel Duran for an outstanding felony warrant. He was arrested and booked for his warrant. 2230 hours- Sgt. Hoyt stopped a vehicle on Washington x 47. Deputy Trower responded to assist after the driver, Doug Gamble, was found to be driving under the influence of alcohol. Gamble was booked into the Indio Jail. 112113 Thursdav (79 11403 hours- La Quinta units responded to an assault with a deadly weapon call in the 52200 block of Avenida Juarez. During the investigation it was determined that three suspects forced their way into a residence and one of the suspects assaulted two males victims with a bat. It appears the suspects went to the location with intentions robbing the victim of monies and illegal contraband. One of the victims admitted being involved in the sales of marijuana. Several marijuana plants, paraphernalia associated with sales, and a quantity of marijuana was recovered at the scene. One of the victim's sustained injuries to his head which are possibly life threatening. 1.2I14 Friday (68) 0015 hours- Deputy Matos arrested Elliott Smith and a 17 year -old juvenile for defrauding a taxicab operator after he drove them from Palm Desert to the 52600 block of Avenida Obregon. The suspects said that they were going into the residence to get money but fled the scene. They were located in the area of Avenida Carranza and Calle Nogales. Smith was cited and released, and the juvenile was released to his parents. (1200 hours- Deputy Bawdon arrested Enrique Gonzalez for driving under the influence following a traffic stop at Fred Waring Drive and Jefferson Street. Gonzalez was booked into the Indio Jail. (1652 hours — Deputy Telles responded to a rollover traffic collision at Jefferson and Westward Ho. A northbound van on Jefferson Street was making a left turn on a green traffic signal when a southbound vehicle hit it. The driver of the van complailned of pain to his back and neck. He was transported to Desert Regional Hospital in Palm Springs. 2130 hours- Deputy Matos responded to a report of a domestic disturbance in the 60100 block of Angora Court. Investigation revealed that Lawrence Fisher struck his wife several times. The victim sustained minor injuries. Fisher was arrested for felony domestic violence and booked into the Indio Jail. 12115 Saturdav (86 No Significant Activity 12/16 Sunday (77) 1430 hours — Sergeants Baur and Munoz responded to Costco regarding a shoplifter being physically restrained by Loss Prevention officers. Brenda Duever had stolen 3 video games and when Loss Prevention officers tried to stop Duever, she began fighting with them. One of the Loss Prevention officers ;; 436 was transported to the hospital due to shortness of breath. Duever was arrested for robbery, and transported to the Indio Jail. 2238 hours- Deputies Berry and Trower responded to the area of Washington St. and Avenue of the States in reference to a hit and run traffic collision at the location. The driver, Kari Martin, was arrested for driving under the influence and was transported to the Indio Jail. 12/17 Monday (98) [243 hours — Deputies Martinez and Verduzco conducted a pedestrian check of William Lumsden and Michael Olms near the comer of Washington St. and Hwyl 11. Lumsden was arrested for a DUI warrant and Ohms was arrested for public intoxication warrants. Both were transported to the Indio jail and booked. 11835 hours — Deputy Verduzco responded to Wal-Mart for a suspect detained for theft. Megan Wilcox was arrested for commercial burglary and booked into the Indio jail. ]I415 hours - Deputy Abrego responded to Wal-Mart regarding a theft. Luzmaria Valenzuela and Yolanda Yepiz were both arrested for commercial burglary. Evidence indicated the suspects had also stolen items from the La Quinta Target and charges were added regarding that theft. Both subjects were booked into the Indio Jail. 1957 hours -Deputy Heredia responded to a disturbance in the 78000 block of Main Street. Joseph Bishop was arrested for public intoxication. Bishop was booked into the Indio Jail for drunk in public. 2049 hours - Deputy Trower stopped to assist a disabled motorist at Tampico X Washington. Juan Alvarez was found to be under the influence of prescription drugs and alcohol. Alvarez was booked into the Indio Jail for driving under the influence. 2.358 hours - Deputy Trower was in the area of Washington X Tampico when he saw a subject shooting a paintball gun from a vehicle. Deputy Trower stopped the vehicle to investigate and contacted the driver, Josiah Williams. Williams was intoxicated and arrested for driving under the influence of alcohol. Two passengers, Phillip Goodman and Maxwell Lifschutz, were intoxicated and arrested for drunk in public. Lifschutz was in possession of marijuana and that charge was also added. 12/18 Tuesday (67) 1110 hours — Deputies responded to the 78600 block of Alden Court regarding a suicide threat. Marco Mujica was found deceased in the backyard. When deputies searched the residence they located a video camera and Mujica had videotaped a personal statement before taking his life. 1230 hours — Deputy Amezcua responded to Wal-Mart regarding a shoplifter in -custody. Deputy Amezcua arrested Peter Vanderkallen for commercial burglary. 1520 hours — Sergeant Devinny and Deputy Russell responded to the 52600 block of Avenida Carranza regarding a subject tampering with mail/mailboxes. They contacted Dale Pairis, a transient, who was arrested and booked into the Indio Jail for probation violation. 2212 hours- Deputy Trower responded to the 53700 block of Avenida Cortez in reference to a possible prowler at the location. Matthew Trujillo was arrested for vehicle burglary and vandalism. Trujillo was transported and booked into the Indio Jail. 12/19 Wednesday (94) 0250 hours - Deputy Trower conducted a traffic stop at 50th x Orchard. The driver, Abraham Solis, was fbund driving under the influence of alcohol. Solis was arrested and booked into Indio Jail. 11, 437 1530 hours — La Quinta SET responded to Costco in reference to three juveniles being detained for theft. All three juveniles were booked into juvenfie hall for burglary and conspiracy. 1730 hours — La Quinta SET responded to Wal-Mart in reference to two being detained for theft. Eduardo Gonzales and Crystal Morales were arrested for commercial burglary and child endangerment. The child, seven months old, was released to Child Protective Services. 2223 hours -- Deputy R. Lopez arrested Luza Dobas for driving under the influence following a traffic stop at Washington St. and Fred Waring Dr. 112/20 Thursday (85) 11502 hours — La Quinta SET responded to Circuit City regarding a report of a burglary. Deputy Burgie was able to identify a possible suspect, Adrian Singleterry, and initiated an aggressive search for him. At about 1608 hours, SET Team deputies located and arrested Singleterry and Alex Rodriquez for burglary. Follow-up investigation located additional stolen property from a previous burglary at Best Buy. Both suspects were booked into the Indio Jail. 1900 hours — Deputy Castelanos arrested Frederic Lilientahl for driving under the influence following a traffic collision at Washington St. X Hwy 111. 12121 Friday (79) 1408 hours -- Deputy Telles responded to Kohl's in reference to a shoplifter in custody. When he arrived he found that a second person had also been detained for shoplifting. Julia Castillo and Maria Elena Gonzales were both arrested for commercial burglary and booked at the Indio Jail. 2135 hours — Deputy I. White arrested Sherry Dean Jones for possession of drugs, drug paraphernalia and violation of probation following a vehicle check at Ave. Navarro X Calle Chillon. Jones was booked at the Indio Jail. 12/22 Saturday (72) No Significant Activity 12/23 Sunday (55) 1320 hours — Deputy Reynaga responded to the area of Washington St. X SRI 11 in reference to a report of domestic violence. Peter Zemhcka and Sabrina Montallano were found sitting in a parked vehicle. Further investigation confirmed that Zemlicka had struck Montallano and he was arrested for domestic battery. It was also determined that Montallano was under the influence of a controlled substance and she was also arrested. Both were transported to the Indio Jail. 1536 hours —Sgt. Baur responded to Wal-Mart regarding a juvenile being detained for theft. The female juvenile was arrested for commercial burglary and was transported to juvenile hall. 12/24 Monday (78) 1030 hours — Deputy White responded to the 54800 block of Ave. Alvarado regarding a report of suspicious circumstances. Deputies located John Nichols inside the residence. Nichols was suffering from self-inflicted knife wounds in an apparent suicide attempt. Nichols was transported to the hospital for treatment with a 72-hour mental health hold. 2333 hours — Deputy Stockham responded to the 78048 block of Calle Tampico in reference to a golf cart having been taken from the Embassy Hotel. Jason Steiner was located and arrested for joy riding. Steiner was booked in the Indio Jail. J 438 12125 Tuesday (43) No Significant Activity 12/26 Wednesday (64) 1006 hours — La Quinta SET responded to Home Depot regarding a theft. Deputy Burgie located and arrested Carlos Sargoza for commercial burglary. 1140 hours — Deputy Wiggs arrested Marco Munoz for driving under the influence following a traffic stop in the 51900 block of Avenida Mendoza. Munoz was transported to the Indio Jail. 1234 hours — Deputy Post responded to USA Gas regarding an intoxicated person. John Pierson was arrested and transported to the Indio Jail. 1830 hours — Deputy Burgie arrested Diana Hurtado for embezzlement at Wal-Mart. Hurtado was booked into the Indio Jail. 12/27 Thursday (59) 1316 hours — La Quinta SET responded to Home Depot regarding a theft. Lisa Cusumano was arrested for commercial burglary and transported to the Indio Jail. 1626 hours -- Deputy T. White investigated a suspicious bag in a locker at the Rancho La Quinta clubhouse. The bag contained firearms and ammunition. The serial numbers identified the owners as residents who were using the locker to store the weapons. The weapons were taken for safekeeping. 12/28 Friday (70) 0030 hours — Deputy Bloomquist arrested Arian Perez for an outstanding warrant and parole violations following a pedestrian check on Adams St. X Corporate. 1615 hours — La Quinta SET responded to Wal-Mart regarding a report of a theft. Angel Rodriguez was arrested for commercial burglary and Terran Torro was arrested for felony theft warrants. Both were booked into the Indio Jail. 2030 hours -- Deputies responded to Target regarding a report of a burglary in progress. Deputies arrested Phillip Gonzalez without incident. A second subject, Saul Torres fled on foot and a resisted arrest when deputies apprehended him 12/29 Saturday (64) 1100 hours — La Quinta SET served a felony warrant in the 78600 block of Como Ct. Guijon Zheng was arrested for pimping and pandering. Zheng was transported and booked into the Indio Jail. 2015 hours — La Quinta SET conducted a pedestrian check in the Mc Donald's parking lot. Matthew Prater was arrested for felony burglary warrants and was booked into the Indio Jail. 2300 hours — Deputy Trower was working the La Quints, DUI Checkpoint and made contact with Wallace Mills. It was determined that Mills was driving under the influence of alcohol. Mills was arrested and booked into the Indio Jail. 12130 Sunday (73) 1125 hours -- Deputy Abrego responded to the 78400 block of Calle Huerta regarding a 911 hang-up. P/hen checking the residence, Deputy Abrego encountered James Richard Donaldson attempting to leave via the garage back door. Donaldson was found to have a felony drug related warrant as well as a misdemeanor traffic warrant. Donaldson was arrested and transported to the Indio Jail where he was booked for the warrants. 1335 hours — Deputy Feldman responded to Walgreen's regarding a credit card fraud case. Nicholas Lemcke was arrested for credit card theft and credit card fraud. When confronted with evidence obtained during the investigation, Lemcke admitted to the crimes. Lemcke was transported to the Indio Jail where lie was booked for the crimes. 1957 hours -- Deputy Stockham responded to the Stater Brother's parking lot regarding an intoxicated person. Ishmael Vera was arrested for public intoxication and was booked into the Indio Jail. 12/31 Monday (88) 1040 hours -- La Quinta SET contacted a solicitor in front of Wal-Mart. Karen Marie Jewell was found to have current warrants for drug activity and trespassing. Jewell was arrested and booked into Indio Jail for the warrants. 1130 hours — La Quinta SET contacted a solicitor in front of Game Shop. Carlos Rodriquez was found to have a no -bail parole warrant. Rodriquez was transported to Indio Jail and booked for the warrant. 1330 hours — La Quinta SET contacted a solicitor in front of the 99 Cent Store. Erik J. Zimmerman was found to have two traffic warrants. Zimmerman was issued a citation for solicitation and was booked into Indio Jail for the warrants. 11410 hours — La Quinta SET responded to Wal-Mart regarding a shoplifting call. Oscar Garcia and Alejandra Flores were arrested, transported to the Indio Jail and booked. 1.500 hours — La Quinta SET, while conducting a shoplifting investigation at Wal-Mart, was alerted by loss prevention staff of a theft in progress. Lisa Maria Cara had left the store without paying for numerous items she had failed to scan at the self -checkout line. Cara had paid for twenty-seven items and failed to pay for an additional ninety-two items. Carta was booked into the Indio Jail for grand theft charges. TOTAL CALLS FOR SERVICE: 2,493 I.�) 40 Deputy Eric Speir L.a Quinta High School CITY OF LA QUINTA School Resource Officer Report December 2007 Sum Mary of Activity Type of Activity Number of Incidents Criminal Reports 2 Non -Criminal Incidents 2 Arrests 1 District Attorney Filings 2 Y.A.T. Referral 1 Vehicle Checks 0 Pedestrian Checks 9 Follow -Up 0 Truancy 6 1. Investigation led to the identification of one student who was found to be in possession of suspected marijuana. Charges were filed against the student with the District Attorneys Office and the student was referred to the Youth Accountability Team (Y.A.T.) An incident led to the arrest of one student for making criminal threats towards others. The student was transported and booked into Indio Juvenile Hall. Six students were located and cited for being truant. This rep(ort reflects the two weeks of Christmas Vacation when school is not in session and student presence and activity is at a minimum. Ij 441 Deputy Kevin Moore La Quinta MS Franklin E.S.. Truman ES Adams ES CITY OF LA QUINTA School Resource Officer Report December 2007 Summary of Activity Type of Activity Number of Incidents Reports 11 Arrests 0 Bike Patrol Miles 51.7 Business Checks 5 Truant 10 Vehicle Checks 18 Follow-up 5 Pedestrian Checks 37 Y.A.T. Referral 13 District Attorney Filings 1 Home Visits 7 Citations 23 1. 1 responded to a citizen complaint involving juveniles at a school bus stop in the Cove. I met the school bus at the location and addressed the entire bus on common courtesy. 2. Medical personnel responded to a report of a student who had hit his head on a pole. The student was examined and released to his guardian. 3. 1 conducted a truancy sweep of the Cove and located seven truant students. All students received citations and were released to their parent or guardian. 4. 1 accepted food donations from Adams M.S. students as part of the 2007 Christmas Toy Drive. COPS volunteer Robert Ling assisted in the transportation of the items collected. 5. 1 developed and conducted a Power Point presentation to seven eighth grade classes (two hundred and twenty-five students) on the 2nd., 4th., 5th. and 6th. amendments. 6. Having received a report of a missing special education student from Adams E.S., I was able to locate the student who was safe at his place of residence. 7. 1 conducted nine random school and bus stop safety checks. Deputy Thomas Hendry >ummit H.S. Paige M.S. Horizon O.S. CITY OF LA QUINTA School Resource Officer Report December 2007 Summary of Activitv Type of Activity Number of Incidents Reports 4 Arrests 0 Traffic Stops 2 Business Checks 0 Truant 0 Vehicle Checks 5 Pedestrian Checks 8 YAT Referral 0 I responded to two reports of a fight on the campus of Colonel Mitchell Paige Middle School. After investigating each incident, I filed charges with the District Attorney's Office gainst four students for battery on school grounds. I received notification of a fight at Summit Continuation School. Investigation led to the identification of the students involved and charges were filed with the District Attorney's Office against three students for battery on school grounds. took place in the City of Indio, they assumed primary responsibility for the case. During the lunch hour at Summit Continuation School I observed growing tension between two groups of students. Enlisting the assistance of school security personnel, we acted to intervene and separated the two groups. Approximatley fifteen students were involved. At the end of the school day, several deputies responded to the campus to maintain order. Deputies escorted one bus to its stop in Palm Desert and further escorted students to their home to ensure their safety. 443 CITY OF LA QUINTA Traffic Services Team Report December 2007 Summa of Activity Type of Activit Number of Incidents Seat Belt Violations 4 Child Seat Violations 5 Speeding Violations 8 Red Light Violations 2 Stop Sign Violations 2 Right -of -Way Violations 0 D.U.I. Arrests 2 Turning Violations 3 Lane Change Violations 1 Non -injury Traffic Collision 4 Injury Traffic Collision 8 Warnings Issued 20 Suspended Driver's License 12 Towed Vehicles 22 Misdemeanor Arrests 9 Non -Moving Violations 52 Felony Arrests 0 Calls for Service and Deputy Back -Up 19 Total Citations 54 Deputy Adonis Glasper Deputy Tim White Deputy Ismael Celaya CITY OF LA QUINTA Special Enforcement Team December 2007 Sgt. Mark Hoyt SET Team Corporal Ruben Perez Cnmman, of An#A,;#., Corporal Ruben Perez Deputy David Alexander Deputy Damen Butvidas Type of ACtlVlty Programs # of Incidents 5 Type of Activity # of Incidents Weepons Recovered 0 Vehicle Checks/Stops 30 Arrest Warrants Served 10 Pedestrian Checks 40 Search Warrants 0 Follow-ups 1 Parole Searches 0 CilAtions Issued 25 Arrests/Filings 42 1. SET Team Deputies conducted extensive bicycle and Segway patrols throughout the business district during the peak holiday shopping season. Pre-emptive contact by SET Team Deputies resulted in multiple arrests of wanted persons who had been observed loitering or acting suspiciously near businesses or in parking lots. 2. SET Team Deputy Tim White responded to assist with a call for service in the community of Bermuda Dunes. While at the scene, Deputy White recognized the suspect as being wanted in an on -going burglary case in the City of La Quinta. When interviewed by Deputy White, the suspect admitted his involvement and was booked into jail for burglary, vehicle theft, possession of stolen property and arson. 3. In the spirit of the La Quinta Police Departments commitment to Community Oriented Policing, SET Team Deputies conducted a bicycle saturation patrol in the area of the La Quinta cove. As a result, numerous positive contacts were made with residents in the area. I J 445 Deputy Prezell Burgle CITY OF LA QUINTA Business District Deputy Report December 2007 Summmy of Activity Type of Activity r Number Business Management Contacts 28 Investigations 25 Suspects Arrested / Charged 22/22 SIGNIFICANT ACTIVITY I Investigated a series of commerical burglaries at two electronic department stores. Suspect description was obtained from witness at both locations, which let to the identity of the suspects. I authored a search warrant and it was served at the suspect's resisdence. With the assistance of La Quinta SET deputies, Coachella Valley Gang Task Force deputies and Coachella CAT deputies, two suspects were arrested as well as stolen property, illegal narcotics, gang paraphernalia and ammunition was recovered. I investigated an embezzelment that occurred at a local department store. The suspect was arrested and admitted to stealing $1,150 from the store over a two month peroid. In partnership with La Quints SET deputies, Coachella CAT deputies, Coachella Gang Task Force, Indio Station Investigators conducted a warrant sweep in the City of Coachella. CITY OF LA QUINTA ..immunity Programs Coordinator Report Thomas Fowler Community Service Officer II December 2007 Summary of Activitv Type of Activity Number Crime Prevention Articles and Reports 6 Community Programs 1 Community Meetings Attended 2 C.P.T.E.D.Inspections 3 Nei hborhood Watch Meetings 4 Patrol Duties 8 Hrs. 2007 Christmas Toy Drive Officers, posse members and volunteers received donations of new, unwrapped, toys throughout the month of December. La Quinta Police Department volunteers, coordinated the storage, organization and selection of toys by age and sex prior to distribution. An estimated 1,500 toys were received and distributed in La Quinta and throughout the Coachella Valley. Officers and volunteers personally delivered toys to the homes of many children . In addition to direct delivery of toys, the LQPD joined in partnership with local social, charitable and church programs to assure the toys were received by those who were truly in need and deserving of a helping hand during the holiday season. Riverside County Sheriff Volunteer Posse members conducted a very successful food drive in conjunction with and in support of the toy drive. 447 CITY OF LA QUINTA Community Service Officer Report December 2007 C.S.O. Monica Santillanes C.S.O. Tina Ayon C.S.O. Brian Kristensen C.S.O. Thomas Fowler Community Service Officers Monica Santillanes and Thomas Fowler Summary of Activitv Type of Activi Number of Incidents Burglary Investigations 12 Grand Theft Reports 5 PettyTheft Reports 6 Vandalism/Malicious Mischief Reports 6 Traffic Collision Response 9 Vehicle Code or Parking Citations 12 Abandoned Vehicles Tagged/WarningTagged/Warning 6 Towed Vehicles 1 Lost or Found Pro a Reports 1 Stolen Vehicle Report 1 Custodial / Non -Custodial Transport 53 Miscellaneous Calls 63 A . 448 Danese Maldonado Volunteer Coordinator CITY OF LA QUINTA Citizens On Patrol Community Policing Office Monthly Volunteer Report December 2007 Summary of Activitv Community Policin Office Number Citizens On Patrol Number .Monthly Volunteer Hours 160 Community Events 2 Hours YTD 2,222 Business Checks 46 Hours 4/03 to Present 13,246 Traffic Control 0 CPO Monthly Visits 131 Courtesy Notifications 37 CPO YTD Visits 1,475 Miscellaneous Activity 1 CPO Visits 4/03 to Present 91038 Neighborhood Patrol 14 Training Hours 4 Vacation Checks 37 Patrol Hours 93 YTD Patrol Hours 1,019 Hours 7/06 to Present 1,445 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: $52,633.00 2007 Volunteer Program Highlights COMMUNITY POLICING OFFICE VOLUNTEERS We currently have thirteen active volunteers, three inactive due to family circumstances, who ;staff the Community Policing Office. Two volunteers have been specially trained and perform ATF firearm entries for both the Indio and Palm Desert stations of Riverside County Sheriffs Office. Seven volunteers are responsible for data entry of traffic citations for both La Quinta and the city of Coachella. These entries number in the thousands annually. Each volunteer works in four hour shifts and handles a wide variety duties such as: report writing, receipt of various fees, giving directions and resident contact. Each day seems to bring a new question and a new opportunity to serve our community. CITIZENS ON PATROL VOLUNTEERS We currently have ten active COP volunteers, two semi -active volunteers and three volunteer applications being processed for background checks. COP volunteers serve as additional "eyes and ears" for the city and the LQPD. Duties have included: traffic control at public events (LQHS football games and graduation as example), traffic collision response, crime scene control, vacation checks, requests for extra patrol, deputy assistance during special operations, community presentations, crime prevention notices and warnings. CHRISTMAS TOY DRIVE Volunteers, working cooperatively with officers and staff of the LQPD, played a vital role in the 2007 Christmas Toy Drive. Volunteers assisted in the collection and storage of donated toys and were given full responsibility for sorting the toys prior to distribution. Volunteers also took part in the distribution of toys to individual homes within the City of La Quinta. 449 CITY OF LA QUINTA Post 503 Explorer Report December 2007 Corporal Andy Gerrard Post 503 Explorer Fernando Flores as Mc Gruff the Crime Fighting Dog Since 2001, Post 503 Explorers have volunteered as "decoys" during law enforcement programs designed to reduce the sales of alcohol beverages to minors. Businesses in La Quinta, as well a all areas served by the Riverside County Sheriffs Office, are subject to the undercover program. During the first program, in 2001, the on -duty clerks at the businesses sold alcohol beverages to the decoy fifty percent of the time. During 2007, the on -duty clerks only sold alcohol beverages to the decoy eleven percent of the time. Post 503 Explorers have played a vital role in reducing alcoholic beverage sales to minors over the past seven years. Post 503 Explorer Fernando Flores assisted with the 2007 Christmas Toy Drive by dressing in costume as Mc Gruff the Crime Fighting Dog during the Colonel Mitchell Paige Middle School Parent Teacher Organization Christmas program. Fernando--Oops--Mc Gruff was a big hit with both students and their parents. Fernando was awarded a letter of commendation from Sgt. Martello for his unselfish support of the 2007 Christmas Toy Drive. Post 503 Explorers enjoyed a Christmas party in which they exchanged gifts and got an early start on Christmas dinner with an ever popular pizza party. Department Report: LA Ui TA P@LICE Served by the Riverside County Sherffs Department Crime Statistics Summary November -- 2007 Prepared for 451 PART I: 10 11 12 13 TRAFFIC CITY OF LA QUINTA Crime Comparison -- November CRIME November November YTD 2007 YTD 2006 2007 2006 AGGRAVATED ASSAULTS 3 4 55 41 BURGLARY 54 53 568 602 BURGLARY -VEHICLE 23 19 211 260 DOMESTIC VIOLENCE 18 10 126 137 HOMICIDE 0 0 1 1 NARCOTICS VIOLATIONS 26 23 263 207 ROBBERY 2 6 24 34 ROBBERY - CAR JACKING 0 1 3 2 SEX CRIME FELONY 1 3 30 28 SEX CRIME MISDEMEANOR 2 3 21 19 SIMPLE ASSAULTS 5 4 83 79 THEFT 62 77 734 964 VEHICLE THEFT 9 5 128 163 TRAFFIC CITATIONS 140 280 3637 3162 T/C NON -INJURY 27 38 352 358 DUI 7 8 137 132 T/C INJURY 4 10 77 115 T/C FATAL 0 1 2 2 CITY OF LA QUINTA DISPATCH INFORMATION NOVEMBER 2007** TYPE OF CALL RESPONSE TIME MINUTES NUMBER OF INCIDENTS EMERGENCY 1.55 2 ROUTINE 1 9.35 1,312 :::::::=] Data from Riverside Co. Sherifrs Department Data Warehouse, Average Response Time Report. 452 Crime Distribution Table Nov-07 % of Total Nov-06 % of Total 1 AGGRAVATED ASSAULTS 3 1.46% 4 1.92% 2 BURGLARY 54 26.34% 53 25.48% 3 BURGLARY - VEHICLE 23 11.22% 19 9.13% 4 DOMESTIC VIOLENCE 18 8.78% 10 4.81% 5 HOMICIDE 0 0.00% 0 0.00% 6 NARCOTICS VIOLATIONS 26 12.68% 23 11.06% 7 ROBBERY 2 0.98% 6 2.88% 8 ROBBERY - CAR JACKING 0 0.00% 1 0.48% 9 SEX CRIME FELONY 1 0.49% 3 1.44% 10 SEX CRIME MISDEMEANOR 2 0.98% 3 1.44% 11 SIMPLE ASSAULTS 5 2.44% 4 1.92% 12 THEFT 62 30.24% 77 37.02% 13 VEHICLE THEFT 9 4.39% 5 2.40% 1 Total 205 98.54% 208 98.08% CITY OF LA QUINTA Noverrber2007Crir Distribution 70 62 60 50 40 30 18 20 --------- -- — -- - 9 10 0 2 0 1 2 0 a AO �3a oNz� 0 m xxy in�m m wwwm X w ° tiR n ay O � ZZ�t� t. r m n m y z C7 0 m F rm y s„ 453 1200 1000 800 600 400 200 0 Month to Month Crime Comparison - November 0 November 20 7 a Noverrber2006 1 ^ an 80 II 10 W 3 50 70 - -- - - - ---- - -- 70 1 8 26 20 r � K 10 -3-4- - Q 0-- 6 -0 1 --t 3- 2-3—�-9- '— 0 a >g as r xr met n 0 :2m rim O� mX Gv A ,--� a Ica a� a Ycuto Date Crete Comparison - Nos ember 0 YfD2007 YrYfD2006 964 73. ' -. 21 26 237 07 X 1 1 2434 3 2 0 28 a m m <o x <z a a ti a -a < O� rim G� mp O� r0 m m 9m mX C7 w� m x n 50 �'m m r0 a� >> as � o a om m 454 Month to Month Traffic Activity Comparison - November 0 November 2007 aowmb6r 0O6 300 250 200 150 -- j4Qr 100 50 7 8 4 10 0 1 0 TRAFFIC TIC NON -INJURY DU1 TIC INJURY T/C FATAL CITATIONS Year to Date Traffic Activity Comparison - November a YTD 2007 4000 0 YTD 2DD6 3637 3500 3000 2500 1500 1000 — 500LIW-1 132 77—— 2 2 0 TRAFFIC T/CNON-INJURY DUI T/C INJURY T/C FATAL CITATIONS 1 455 Month to Month Calls for Service Comparison November 2007 ov 13 O N al 06-Nov 3000 2sos 255 2000 1295 13141286 1000 sss i 0 Total Non -Criminal Criminal Year to Date Callao for Service Comparison r2500101 28040 0 20000 15000 44596 14079 ® YTD 2007 : 11495 m YTD 2006 10000 9169 5000 0 Total Non -Criminal Criminal 456 T ak. � s N OF Tt� COUNCIL/RDA MEETING DATE: January 15, 2008 ITEM TITLE: Public Hearing to Consider an Ordinance Amending Title 8, Chapter 13, Water Efficient Landscaping Ordinance RECOMMENDATION AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Motion to take up Ordinance No. _, by title and number only and waive further reading. Motion to introduce Ordinance No. _, on first reading amending the La Quinta Charter and Municipal Code Title 8, Chapter 13, updating the City's Water Efficient Landscaping and Irrigation System Design Ordinance. FISCAL IMPLICATIONS Nome. CHARTER CITY IMPLICATIONS None. BACKGROUND AND OVERVIEW On August 28, 2007 the Coachella Valley Water District (CVWD) approved a new Landscape and Irrigation System Design Criteria Ordinance. This new ordinance took effect on October 1, 2007 and affects the landscaping and water use standards for all new developments including golf courses. CVWD took the action citing a Water State of Emergency declared in July 2007 by Governor Schwarzenegger and the Riverside County Board of Supervisors, for drought conditions and the continuing overdraft of groundwater, as the key reasons justifying the new ordinance. 457 Up until approval of the new ordinance, CVWD landscaping standards involved a set of guidelines which were applied to all landscaping plan checks performed by that agency. With the exception of Palm Desert, these water -use and irrigation design guidelines did not exceed the individual landscaping ordinances of each city. The Water District's Ordinance now exceeds La Quinta's Municipal Code Section 8.13, the City's Water Efficient Landscaping Ordinance. As a result, landscaping plans which comply with the City of La Quinta's Landscaping Ordinance no longer meet the CVWD standards and cannot be approved by CVWD. PROPOSAL The proposed Text Amendments are intended to update elements of the City's Water Efficient Landscaping Ordinance, which are currently not in conformance with the CVWD Landscape and Irrigation System Design Criteria Ordinance, and to implement a new turf and water feature policy as recommended by the Planning Commission. The bulk of the proposed Text Amendments, written to conform to CVWD standards, include 14 new definitions, six revised definitions; references to the reduced water allowance and evapotranspiration co -efficient (.5); mandatory use of smart controllers; updated drip irrigation design methods; references to approved types of sprinkler heads; updated turf standards; and specific street median irrigation methods. The Landscaping Ordinance has been amended to reference Final Landscaping Plan review procedures conducted by staff. Sections of the existing Landscaping Ordinance which currently require a "Certificate of Substantial Completion" from a landscape architect have been removed due to the practice of City staff inspecting landscaping installations and signing a job card when completed. Code Enforcement citations for damaged irrigation systems and wastewater are referenced in the current Ordinance, but the Ordinance does not establish any penalties. The proposed update references the citation penalties located in the existing Administrative Citation Guidelines 1 § 1 .09.020) of the Municipal Code. This Amendment also updates the waiver procedure for recycled water systems. The current Code requires all irrigation systems install and make use of a recycled water system unless a waiver is granted by CVWD. This requirement has not been enforced in the past, nor have recycled water irrigation systems been required by CVWD. Staff proposes to maintain this Section of the Code, but modify the waiver to allow Planning Director approval through the Final Landscaping Plan process rather than through CVWD. In addition to the above changes, the Planning Commission has recommended limiting turf to a maximum 50 percent ground coverage, require a no -turf landscaping plan option for all prototypical (tract) homes, and require all water features to be replenished by a non -potable water supply unless otherwise conditioned or approved 458 by the Planning Commission. These inclusions are reflective of the Planning Commission's landscaping policies. Staff has not included the golf course criteria referenced within CVWD's Landscape and Irrigation System Design Criteria Ordinance, which limits golf courses to four acres of irrigated turf per hole, ten acres of turf for driving ranges and practice greens, and requires all other golf course landscaping features to conform to the remainder of the Ordinance. Golf course design and landscaping has historically not been reviewed at the staff level and has not been required as a part of final landscaping plan review. ANALYSIS The proposed Amendments will result in an overall reduction of water usage while retaining high quality landscaping design standards. Because the proposed Amendments are in accord with those currently imposed by CVWD, there will not be a noticeable difference in landscaping submittals to the City. In addition, those Amendments involving turf and water features are reflective of previous policy discussion and direction conveyed to staff by the Planning Commission. The Commission has been consistent in establishing conditions limiting the placement of turf, requiring a no -turf option for all tract home plans, and limiting the use of water features to functional and recreational purposes. All landscaping and water features will continue to be reviewed by the Architecture and Landscape Review Committee and Planning Commission. Applicants proposing water features which utilize a potable source will have the opportunity to present those requests to the Planning Commission for consideration on a case -by -case basis. 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 the Amendment is exempt pursuant to Section 15061(B)(3) and Section 15307 of the CEQA guidelines. Planning Commission The Planning Commission considered the proposed Text Amendment at their December 11, 2007 meeting (Attachment 1). During the hearing, the Planning Commission discussed the role of different water sources (such as recycled or canal water) for water features and irrigation, the practice of using recycled water systems, the size and placement of water features, and definitions for landscaping terms. Following deliberations and providing opportunity for public comment, the Planning Commission voted unanimously to recommend City Council approval of the proposed Text Amendment with the condition that all turf be limited to 50% of landscaping, a refined definition for "desert plants" and "native plants," and to require that all water features utilize a non -potable water source unless otherwise approved by the Planning Commission. No members from the public spoke on this item during the hearing. 459 Although the Commission discussed a number of landscaping issues at length, the consensus was that this update constitutes a first step and that further adjustments to the Landscaping Ordinance would likely be forthcoming in the future. Public Notice This project was advertised in The Desert Sun newspaper on December 25, 2007. To date:, no comments have been received from the public or outside agencies. Any written comments received will be provided at the meeting. FINDINGS AND ALTERNATIVES The Findings for approval can be made as noted above and in the attached Ordinance. The alternatives available to the Council include: 1. Motion to take up Ordinance No. , by title and number only and waive further reading. Motion to introduce Ordinance No. , on first reading amending the La Quinta Charter and Municipal Code to Title 8, Chapter 13, updating the City's Water Efficient Landscaping and Irrigation System Design Ordinance; or 2. Do not move to take up Ordinance No. 3. Provide staff with alternative direction. ubmitted, , Planning Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Planning Commission Minutes for December 11, 2007 460 ORDINANCE NO. AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE LA QUINTA MUNICIPAL CODE TITLE 8, CHAPTER 8.13, UPDATING THE CITY'S WATER EFFICIENT LANDSCAPING ORDINANCE WHEREAS, on July 19, 2007, the Governor of the State of California, Arnold Schwarzenegger, declared a State of Emergency in Riverside County due to severe and continuing drought conditions; and WHEREAS, the City Council of the City of La Quinta recognizes that the conservation of available water resources is essential to the future health and welfare of the community; and WHEREAS, the City has, from time to time, made amendments to the Municipal Code to address important issues and changes in circumstances; and WHEREAS, the Planning Commission of the City of La Quinta, California, held a duly noticed public hearing on the 111h of December, 2007, recommending approval of the proposed amendment to Title 8, Chapter 8.13, the City's Water Efficient Landscaping Ordinance; and WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on December 25, 2007, as prescribed by the Municipal Code; and WHEREAS, the City Council held a duly noticed public hearing on the 15`h day of January, 2008, 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. Title 8, Chapter 8.13 of the City of La Quinta Municipal Code is amended as identified in the attached Exhibit 1. SECTION 2. ENVIRONMENTAL. The Planning Department has determined that the Amendments to the Municipal Code are exempt pursuant to Section 15061(B)(3) and Section 15307 of the Guidelines for Implementation of the California Environmental Quality Act. The Ordinance will not have a negative effect on the environment in that it will result in a reduction in the City's overall water usage while allowing for the continued high quality of development in the City. 461 Ordinance No. Title 8, Chapter 8.13 Water Efficient Landscaping Ordinance Adopted: SECTION 3. SEVERABILITY. The provisions of this Ordinance shall be severable, and if any clause, sentence, paragraph, subdivision, section, or part of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 4. LEGAL CONSTRUCTION. The provisions of this Ordinance shall be construed as necessary to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety, and welfare. SECTION 5. EFFECTIVE DATE. This Ordinance shall take full force and effect and be in force 30 days after passage. SECTION 6. PUBLICATION. The City Clerk is directed to publish this Ordinance in the manner and in the time required by law. PASSED, APPROVED and ADOPTED by the City Council of the City of La Quinta at a regular meeting thereof held on the 15' day of January, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta California 462 Ordinance No. Title 8, Chapter 8.13 Water Efficient Landscaping Ordinance Adopted: ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ,j M Attachment 1 CHAPTER 8.13 (Edited Revisions) WATER EFFICIENT LANDSCAPING AND IRRIGATION SYSTEM DESIGN Sections: 8.13.010 Purpose and Intent 8.13.020 Definitions 8.13.030 Provisions for New or Rehabilitated Landscapes 8.13.040 Provisions for Existing Landscapes 8.3.060 8.13.050 Appeals € .13.070 8.13.060 Effective Date Chapter 8.13 WATER EFFICIENT LANDSCAPING 8.13.010 Purpose and intent. A. The purpose of this chapter is to establish effective water efficient landscape requirements for newly installed and rehabilitated landscapes. It is also the intent of this chapter to implement the requirements of the state of California Water Conservation in Landscaping Act, Statutes of 1990, Chapter 1145 (AB 325). B. It is the intent of the city council to promote water conservation through climate appropriate plant material and efficient irrigation as well as to create a city landscape theme through enhancing and improving the physical and natural environment. (Ord. 392 § 3 (Exh. A)(part), 2003: Ord. 220 § 1 (Exh. A)(part), 1993) 13.13.020 Definitions. The words used in this chapter have the meanings set forth below: "Application rate" means the depth of water applied to a given area, usually measured in inches per hour. Also known as precipitation rate (sprinklers) or emission rate (drippers/microsprayers) in gallons per hour. "Applied water" means the portion of water supplied by the irrigation system to the landscape. "Automatic controller" means a mechanical or solid-state timer, capable of operating valve stations to set the days and length of time of a water application. .; 464 Attachment 1 "Backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. "Beneficial Use" means water used for landscape evapotranspiration. "Conversion faction (0.62)" means a number that converts the maximum applied water allowance from acre -inches per acre per year to gallons per square foot per year. The conversion factor is calculated as follows: (325,851 gallons/43,560 square feet)/12 inches = (0.62) 325,851 gallons 43,560 square feet 12 inches = one acre-foot = one acre = one foot To convert gallons per year to one hundred cubic feet per year, the common billing unit for water, divide gallons per year by seven hundred forty-eight. (748 gallons = 100 cubic feet) "Desert Landscape" means a desert landscape using native plants spaced to look like a native habitat utilizing plants native to the southwestern United States and northern Mexico or native to other desert regions of the world but adapted to the Coachella Valley. "Distribution Uniformity" is a measure of how evenly sprinklers apply water. The low -quarter measurement method (DULQ) utilized in tlae irrigation audit procedure is utilized for the purposes of these criteria. These criteria assume an attainable performance level of 75% DULQ for spray heads, 80% DULQ for rotor heads and 85% DULQ for recreational turfgrass rotor heads. "Drip Irrigation" means a method of irrigation where the water is applied slowly at the base of plants without watering the open space between plants. "Ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. "Effective precipitation" or "usable rainfall' means the portion of total natural precipitation that is used by the plants. Precipitation is not a reliable source of water in the desert. "Electronic Controllers" are time clocks that have the capabilities of multi- programming, water budgeting and multiple start times. 465 Attachment 1 "Emission Un f/ rmity" is a measure of how evenly drip and microspray emitters apply water. The low -quarter measurement method (EULQ) utilized in the landscape irrigation evaluation procedure is utilized for the purposes of these criteria. These criteria assume 90% DULQ for drippers, microsprays and pressure compensating bubblers. "Emitter" means drip irrigation fittings that deliver water slowly from the system to the soil. "Established landscape" means the point at which plants in the landscape have developed roots into the soil adjacent to the root ball. "Establishment period" means the first year after installing the plant in the landscape. "Estimated annual applied water use" means the portion of the estimated annual total water use that is derived from applied water. The estimated annual applied water use shall not exceed the maximum applied water allowance. "Estimated total water use" means the annual total amount of water estimated to be needed to keep the plants in the landscaped area healthy. It is based upon such factors as the local evapotranspiration rate, the size of the landscaped area, the types of plants, and the efficiency of the irrigation system. The estimated annual total applied water use shall not exceed the maximum applied water allowance. "ET adjustment factor" means a factor of 04-0.5 that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. A combined plant mix with a site -wide average of GAS 0.38 is the basis of the plant factor portion of this calculation. The irrigation efficiency for purposes of the ET adjustment factor is 0.75. Therefore, the ET adjustment factor (0.5) = (0.38/0.75). "Evapotranspiration, or ET" means the quantity of water evaporated from adjacent soil surfaces and transpired by plants during a specific time. "Flow rate" means the rate at which water flows through pipes and valves (gallons Fier minute or cubic feet per second). "Hardscape" means concrete or asphalt areas including streets, parking lots, sidewalks, driveways and patios and decks. "Head -to -Head Coverage" means one hundred percent sprinkler coverage of the area to be irrigated, with maximum practical uniformity. "High Flow Check Valve" means a valve located under/in a sprinkler head to stop the flow of water if the spray head is broken or missing. 466 Attachment 1 "Hydrozone" means a portion of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A hydrozone may be irrigated or nonirrigated. For example, a naturalized area planted with native vegetation that will not need supplemental irrigation once established is a nonirrigated hydrozone. "Infiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time (inches per hour). "Irrigation efficiency" means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum irrigation efficiency for purposes of this chapter is 0.75. Greater irrigation efficiency can be expected from well -designed and maintained systems. "Landscape irrigation audit" means a process to perform site inspections, evaluate irrigation systems, and develop efficient irrigation schedules. "Landscaped area" means the entire parcel less the building footprint, driveways, nonirrigated portions of parking lots, hardscapes such as decks and patios, and other nonporous areas. Water features are included in the calculation of the landscaped area. "Lateral line" means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve. "Main line" means the pressurized pipeline that delivers water from the water meter to the valve or outlet. "Maximum applied water allowance" means for design purposes, the upper limit of annual applied water for the established landscaped area, as specified in Division 2, Title 2'3, California Code of Regulations, Chapter 7, Section 702. It is based upon the area's reference evapotranspiration, the ET adjustment factor, and the size of the landscaped area. The estimated applied water use shall not exceed the maximum applied water allowance. "Mined -land reclamation projects" means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975. "Mulch" means any material such as gravel, small rocks, pebbles, decorative sand, decomposed granite, bark, straw or other material left loose and applied to the soil surface for the beneficial purpose of reducing evaporation. "Native plants" means low water using plants that are indigenous to the Coachella Valley and lower Colorado Desert region ofCalifornia and Arizona. 467 Attachment 1 "Operating pressure" means the manufacturer's recommended pressure at which a system of sprinklers, bubblers, drippers or microsprayers is designed to operate. "Overhead sprinkler irrigation systems" means those with high flow rates (pop -ups, impulse sprinklers, rotors, etc.). "Overspray" means the water which is delivered beyond the landscaped area, wetting pavements, walks, structures, or other nonlandscaped areas. "Plant factor" means a factor that when multiplied by reference evapotranspiration, estimates the amount of water used by plants. For purposes of this chapter, the average plant factor of very low water using plants ranges from 0.01 to 0.10, for low water using plants the range is 0.10 to 935 0.30, for moderate water using plants the range is 035 0.40 to 0.60 and for high water using plants, the range is 0.60 0.70 to 0.90. Reference: Water Use Classifications of Landscape Species Ill (WUCOLS lll). "Pressure Compensating (PC) Bubbler" means an emission device that allows the output of water to remain constant regardless of input pressure. Typical flow rates for this type of bubbler range between 0.25 gpm to 2.0 gpm. "Pressure Compensating Screens/Devices" means small screens/devices inserted in place of standard screens/devices that are used in sprinkler heads for radius and high pressure control. "Qualifted Professional" means a person who has been certified by their professional organization or a person who has demonstrated knowledge and is locally recognized as qualified among landscape architects due to longtime experience. "Rain sensing device" means a system which automatically shuts off the irrigation system when it rains. "Record drawing" or "as-builts" means a set of reproducible drawings which show significant changes in the work made during construction which are usually based on drawings marked up in the field and other data famished by the contractor. "Recreational area" means areas of active play or recreation such as sports fields, school yards, picnic grounds, or other areas with intense foot traffic. "Recreational turfgrass" means turfgrass that serves as a playing surface for sports and recreational activities. Athletic fields, golf courses, parks and school playgrounds are all examples of areas hosting recreational turfgrass. "Recreational turfgrass ET adjustment factor" means a factor of 0.82 that, when applied to reference evapotranspiration, adjusts for the additional stress of high traffic on recreational turfgrass and the higher irrigation efficiencies of long range rotary sprinklers. These are the two major influences upon the amount of water that needs to be applied to a 468 Attachment 1 recreational landscape. A mixed cool/warm season turfgrass with a seasonal average of 0.7 is the basis of the plant factor portion of this calculation. The irrigation efficiency of long range sprinklers for purposes of the ET adjustment factor is 0.85. Therefore, the ET adjustment factor is 0.82 = 0.7/0.85. "Recycled water," "reclaimed water" or "treated sewage effluent water" means treated or recycled waste water of a quality suitable for nonpotable uses such as landscape irrigation; not intended for human consumption. "Reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is given in inches per clay, month, or year, and is an estimate of the evapotranspiration of a large field of cool - season grass that is well watered. Reference evapotranspiration is used as a basis of determining the maximum applied water allowances so that regional differences in climate can be accommodated. For purposes of this chapter, the following ETo zone map will be used. (See map attached to the ordinance codified in this chapter.) "Rehabilitated landscape" means any relandscaping project whose choice of new plant material and/or new irrigation system components is such that the calculation of the site's estimated water use will be significantly changed. The new estimated water use calculation must not exceed the maximum applied water allowance calculated for the site using a"0.5 ET adjustment factor. "Runoff' means water which is not absorbed by the soil or landscape to which it is applied and flows from the planted area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate), when there is a severe slope or when water is misapplied to hardscapes. "Service line" means the pressurized pipeline that delivers water from the water source to the water meter. "Smart Controller" means weather based or soil moisture based irrigation controls that monitor and use information about environmental conditions for a specie location and landscape (such as soil moisture, rain, wind, the plants' evaporation and transpiration rates and, in some cases, plant type and more) to decide for themselves when to water and when not to, providing exactly the right amount of water to maintain lush, healthy growing conditions. "Soil moisture sensing device" means a device that measures the amount of water in the soil. "Soil texture" means the classification of soil based on the percentage of sand, silt and clay in the soil. "Sprinkler head" means a device which sprays water through a nozzle. '„ 469 Attachment 1 "Static water pressure" means the pipeline pressure when water is not flowing. "Station" means an area served by one valve or by a set of valves that operates simultaneously. "Turf' means a surface layer of earth containing mowed grass with its roots. Perennial and annual ryegrass are cool season grasses. Hybrid and common Bermuda grass, are warm season grasses. "Valve" means a device used to control the flow of water in the irrigation system. "Water conservation concept statement" means a one -page checklist and a narrative summary of the project. "Water feature" means any water applied to the landscape for nonirrigation decorative purposes. Fountains, streams, ponds and lakes are considered water features. Water features use more water than efficiently irrigated turf grass and are assigned a plant factor value of 1.1 for a stationary body of water and 1.2 for a moving body of water. Note: Section 65594, Government Code. Reference: Section 65597, Govemment Code. (Ord. 392 § 3 (Exh. A)(part), 2003: Ord. 220 § 1 (Exh. A)(part), 1993) :3.13.030 Provisions for new or rehabilitated landscapes. A. Applicability. 1. Except as provided in subsection (A)(3) of this section, this section shall apply to: a. All new and rehabilitated landscaping for private, public, commercial and governmental development projects that require a permit; and b. Developer -installed landscaping in single-family tracts and multifamily projects. 2. Projects subject to this section shall conform to the provisions in this section. 3. This section shall not apply to resident homeowner -provided landscaping at single-family residences. B. Final Landscaping Plan Submittal Package. 1. Each landseape doeume )n paskage Final Landscaping Plan submittal shall include the following elements, which are described in subsection C of this section. a. Water conservation concept statement; b. Calculation of the maximum applied water allowance; 470 Attachment 1 c. Calculation of the estimated applied water use; d. Calculation of the estimated total water use; e. Landscape design plan; f. Irrigation design plan; g. Grading design plan; h. Soil analysis (optional); 2. Tlfee Five copies of the laadseape doeumen4ation paekag Final Landscaping Plan submittal conforming to this chapter shall be submitted to the city. No permit shall be issued until the city reviews and approves the landscape documentation package. Prior to preparation and submission of the la a..eape a,........,.n4ation package Final Landscaping Plan submittal, the preliminary landscape design shall be approved by the planning commission. 3. A copy of the approved Final Landscaping Plan submittal shall be provided to the property owner or site manager along with the record drawings and any other information normally forwarded to the property owner or site manager. C. . Elements oflandscape—leetino,ikge Final Landscaping Plan suhmittal. 1. Water Conservation Concept: Statement. Each landscape documentation package shall include a cover sheet, referred to as the water conservation statement similar to the following example. It serves as a checklist to verify that the elements of the landscape documentation package have been completed and has a narrative summary of the project. SAMPLE WATER CONSERVATION CONCEPT STATEMENT Project Case Number: 471 Attachment 1 Project Location: Landscape Designer/Contractor: Architect/Irrigation Included in this project submittal package are: (Check to indicate completion) __I. Maximum Annual Applied Water Allowance: Conventional Landscape: _ 100 cubic feet/year + Recreational Turfgrass Landscape: 100 cubic feet/year (if applicable) Total Maximum Annual Applied Water Allowance: 100 cubic feet/year 2. Estimated Annual Applied Water Use by Hydrozone: Turfgrass: 100 cubic feet/year Recreational Turfgrass: 100 cubic feet/year Exotic Trees/Shrubs/Groimdcovers: Desert Plants: 100 cubic feet/year Water Features: 100 cubic feet/year Other 3. Estimated Annual Total Water Use: 100 cubic feet/year Landscape Design Plan 5. Irrigation Design Plan __6. Grading Design Plan _7. Soil Chemical Analysis (optional) 100 cubic feet/year 100 cubic feet/year 472 Attachment 1 Description of Project: (Briefly describe the planning and design actions that are intended to achieve conservation and efficiency in water use.) Date: Prepared 2. The Annual Maximum Applied Water Allowance. a. A project's annual maximum applied water allowance shall be calculated using the following formula: MAWA = (ETo) {9:Fi) (0.5) (LA) (0.62) where: MAWA = Maximum applied water allowance (gallons per year) ETo = Reference evapotranspiration (i.e., seventy-five inches per year) 0.6 = ET adjustment factor LA = Landscaped area (square feet) 0.62 = Conversion factor (to gallons per square foot) b. An example calculation of the annual maximum applied water allowance is: Project site: Landscape area of fifty thousand square feet in Zone No. 3a of the Coachella Valley ETo Map. MAWA = (ETo) k" (0.5) (LA) (0.62) (75.0 inches) (" (0.5) (50,000 square feet) (0.62) Maximum applied water allowance = 1,'�0 1,162,500 gallons per year, 4-,865 1,554 hundred -cubic -feet per year (billing units), 4.48 3.56 acre feet/acre per year or 54-4 42.7 inches of water per year. 3. Estimated Annual Applied Water Use. 473 Attachment 1 a. The annual estimated applied water use shall not exceed the annual maximum applied water allowance. b. A calculation of the estimated annual applied water use shall be submitted with the landscape documentation package. c. The estimated annual total water use for each hydrozone is calculated from the following formula: EWU (hydrozones) = (ETo PF) (HA) (0.62)/748 (in 100 cubic feet) (IE) EWU (hydrozone) = Estimated water use (gallons per year) ETo = Reference evapotranspiration (i.e., ETo Zone 3a = seventy- five inches per year) PF = Plant factor (see definitions) HA = Hydrozone area (square feet) (0.62) = Conversion factor (IE) = Irrigation efficiency (see definitions) 748 = Conversion to billing units (one hundred cubic feet) 4. Estimated Annual Total Water Use. A calculation of the estimated annual total hydrozone water use shall be submitted with the landseape deeamentatien paekage Final Landscaping Plan submittaL The estimated annual total water use for the entire landscaped area equals the sum of the estimated annual water use (EWU) of all hydrozones in that landscaped area. 5. Landscape Design Plan. A landscape design plan meeting the following requirements shall be submitted as part of the landscape derufflef4afien paekage Final Landscaping Plan submittal. a. Plant Selection and Grouping. i. Any plants may be used in the landscape, providing the estimated annual applied water use recommended does not exceed the maximum annual applied water allowance and that the plants meet the specifications set forth in subsections (C)(5)(ii), (iii) and (iv) of this section. ii. Plants having similar water use shall be grouped together in distinct hydrozones. 04 Attachment 1 iii. Plants shall be selected appropriately based upon their adaptability to the climate, geologic, and topographical conditions of the site. Protection and preservation of native species and natural areas is encouraged. The planting of trees is encouraged whenever it is consistent with the other provisions of this chapter. iv. Fire prevention needs shall The addressed in areas that are fire prone. Information about fire prone areas and appropriate landscaping for fire safety is available from the fire marshal. b. Water Features. i. Recirculating water shall be used for decorative water features. ii. Water features shall be appropriately sized and designed for functional and recreational purposes in conjunction with recreational amenities, placed at a location visible from adjacent residential or commercial uses, and serve a functional purpose such as storm water retention, irrigation storage, and/or wildlife habitat. iii. All water features shall be replenished by a non potable water supply unless otherwise conditioned or approved by the Planning Commission. c. Landscape Design Plan Specifications. The landscape design plan shall be drawn on project base sheets at a scale that accurately and clearly identifies: i. Designation of hydrozones; ii. Landscape materials, trees, shrubs, groundcover, turf and other vegetation. Planting symbols shall be clearly drawn and plants labeled by botanical name, common name, water use classification, container size, spacing and quantities of each group of plants indicated; iii. Property lines and street names; iv. Streets, driveways, walkways and other paved areas; v. Pools, ponds, water features, fences and retaining walls; vi. Existing and proposed buildings and structures including elevation, if applicable; vii. Location of all overhead and underground utilities; viii. Natural features including but not limited to rock outcroppings, existing trees and shrubs that will remain; ix. Tree staking, plant installation, soil preparation details, and any other applicable planting and installation details; 475 Attachment 1 x. A calculation of the total landscaped area; xi. Designation of recreational areas. d. Design and placement of Turf. i. Turf shall be placed within functional and accessible recreational areas. Turf placement is discouraged at locations adjacent to perimeter streets and sidewalks and those locations having limited visibility and/or pedestrian activity. ii. All typical landscaping plans for prototypical residential units (tract homes) shall include a no -turf option. iii. Long, narrow or irregularly shaped turf areas shall not be designed because of the difficulty in irrigating un,(ormTy without overspray onto laardscaped areas, streets, and sidewalks. Landscape areas less than 8 feet in width shall not be designed with turf. Turf will be allowed in these areas only if irrigation design reflects the use of subsurface irrigation or a surface flow/wick irrigation system. iv. Turf areas irrigated with sprayfrotor systems must be set back at least 24 inches from curbs, driveways, sidewalks or any other area that may result in runoff of water onto streets. An undulating landscape buffer area created by the setback shall be designed with rocks, cobble or decomposed granite and/or can be landscaped with drip irrigated shrubs/accents or covered with a suitable ground cover. v. Turf grass plantings are prohibited on slopes greater titan three -to -one. Slopes steeper than three -to -one shall be planter/ to permanent ground, covering plants adequate for proper slope protection. vi. Turf grass coverage shall be limited to no more than SO% Ufty percent) of ally project's total landscaped area. 6. Irrigation Design Plan. An irrigation design plan meeting the following conditions shall be submitted as part of the landscape documentation package. a. Irrigation Design Criteria. i. Runoff and Overspray. Soil types and infiltration rate shall be considered when designing irrigation systems. All irrigation systems shall be designed to avoid runoff, low -head drainage, overspray, or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways or structures. Proper irrigation equipment and schedules, including; features such as repeat cycles, shall be used to closely match application rates to infiltration rates therefore minimizing runoff. Special attention shall be given to avoid runoff on slopes and to avoid overspray in planting areas with a width less than ten feet. 476 Attachment 1 No overhead sprinkler irrigation systems shall be installed in median strips or islands. ii. hrigation Efficiency. For the purpose of determining the maximum applied water allowance, irrigation efficiency is assumed to be 0.75. Mixed irrigation system types shall be designed, maintained and managed to meet or exceed an average of 0.75 efficiency. iii. Equipment. (A) Water Meters. Separate landscape water meters shall be installed for all projects except for single-family homes or any project with a landscaped area of less than twenty - live hundred square feet. (B) Smart Controllers. 4br all atio systems and must be able to aeeem..edate a4l aspeets e f the design. 1 pr-ehibited. Smart Controllers shall be specified for all irrigation system projects. This includes climate based or sensor based controllers, which can automatically adjust for local weather and/or site conditions. (C) Valves. Plants which require different amounts of water shall be irrigated by separate valves. If one valve is used for a given area, only plants with similar water use shall be used in that area. (D) Anti-draix High flow (check) valves shall be installed in strategic points to prevent low -head drainage. High flow (check) valves shall be installed in or under all heads adjacent to street curbing, parking lots and where damage could occur to property due to flooding, unless controllers with flow sensor capabilities are specified that can automatically shut off individual control valves when excess flow is detected. (E) Sprinkler Heads. Heads shall have application rates appropriate to the plant water use requirements within each control valve circuit. Sprinkler heads shall be selected for proper area coverage, application rate, matched precipitation rate nozzles, operating pressure, adjustment capability and ease of maintenance. Pressure compensating screens/devices shall be specified on all spray heads to reduce radius as needed to prevent overthrow onto hardscape and/or to control high pressure miving. Spray heads and rotor head stations shall be designed with consideration for worst wind conditions. Close .spacing and low -angle nozzles are required in high and frequent wind areas (ETo Zone No. 4). (F) Scheduling Aids: Soil Moisture Sensing Devices. It is required that soil moisture sensing devices be installed on all turfgrass sites exceeding 1.0 acres (forty-three thousand five hundred sixty square feet) of planted area. (G) Scheduling Aids: ETo Controllers. It is recommended that ETo controllers be considered for installation on all sites. 477 Attachment 1 (H) Equipment in Publicly Maintained Areas. Irrigation equipment in areas which imay or will be maintained by the city shall conform to specifications of the city. (I) Emitters. Emitters shall have application rates appropriate to the plant water use requirements within each control valve circuit. Emitters shall be selected for specific area coverage (individual plants), application rates, operating pressure, adjustment capability and ease of maintenance. (J) Rotor Heads. Rotor type heads shall be set back a minimum of 4 feet from hardscape. (%) Bubblers and Drip Systems. The use of drip, microirrigation or pressure compensating bubblers or other systems with efficiencies of 90 percent or greater is required for all shrubs and trees. Small, narrow (less than 8 feet), irregularly shaped or sloping landscape areas shall be irrigated with drip, microspray or PC (pressure - compensating) bubbler heads. b. Recycled Water. i. The installation of recycled water irrigation systems (dual distribution systems) shall be required to allow for the current and future use of recycled water, unless a written exemption has been granted as described in the following subsection (Q(6)(b)(ii) of this section. ii. Irrigation systems shall make use of recycled water unless a written exemption has been granted by the water di having jefisdietion, stating that r-eeyeled water- i ailable and ..bill ..et be "!able in the foreseeable -€nttue Planning Director. iii. Recycled water irrigation systems shall be designed and operated in accordance with all local and state codes and be applicable to all, of the provisions of this chapter. c. Irrigation Design Plan Specifications. Irrigation systems shall be designed to be consistent with hydrozones. The irrigation design plan shall be drawn on project base sheets. It shall be separate from, but use the same format as, the landscape design plan. The scale shall be the same as that used for the landscape design plan. The irrigation design plan shall accurately and clearly identify: i. Location and size of separate water meters for the landscape; ii. Location, type, and size of all components of the irrigation system, including automatic controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, and backflow prevention devices; iii. Static water pressure at the point of connection to the water supply; 478 Attachment 1 iv. Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (psi) for each station; v. Recycled water irrigation systems. d Street median irrigation. No overhead sprinkler irrigation system shall be installed in median strips or in islands. ii Median islands or strips shall be designed with either a drip emitter to each plant or subsurface irrigation. PC bubblers are acceptable for trees only. e. Drip Irrigation Design i. The drip system must be sized for mature -size plants. ii. The irrigation system should complete all irrigation cycles during peak use in about 12 hours. Normally, each irrigation controller should not have more than four drip stations that operate simultaneously. iii. Field installed below ground pipe connections shall be threaded PVC or glued PVC Surface laid hose and tubing is not allowed Mierotube distribution is not allowed unless emitter/manifold is installed in an access box. Microtubing must be buried at least 6 inches below grade and the end of microtubing must be secured by a stake. The maximum length of microtubing must be specified on the plan to be 10 feet or less. iv. Proportion gallons per daffy per plant according to plant size. The.following sizing chart is for peak water use. 'The low to high end of the range is according to the relative water requirements of the planets. The low end is for desert natives and the high end is for medium water use type plants. Size of Plant Large trees (over 30 foor diameter) Medium Trees (about 18foot diameter) Small treesAarge shrubs (9 foot diamceter) Medium shrubs (3.5 foot diameter) Small shrubs/groundcover Gallons Per Day 58+ to 97+ 21 to 35 6 to 10 .8 to 1.3 .5 or less v. Plants with widely differing water requirements shall be valved separately. As an example, separate trees from small shrubs and cactus from other shrubs. Multiple emitter point sources of water for large shrubs and trees must provide continuous !Sands of moisture from the root ball out to the mature drip line plus 20 percent of the plant diameter. 479 Attachment 1 7. Grading Design Plan. Grading design plans satisfying the city/county grading ordinance and the following conditions shall be submitted as part of the landscape documentation package. a. A grading design plan shall be drawn on project base sheets. It shall be separate from but use the same format as the landscape design plan. b. The grading design plan shall indicate finished configurations and elevations of the landscaped area, including the height of graded slopes, drainage patterns, pad elevations, and finish grade. 8. Soil Analysis. a. A soil analysis satisfying the following conditions should be submitted as part of the landscape documentation package: i. Determination of soil texture, indicating the available water holding capacity; ii. An approximate soil infillration rate (either) measured or derived from soil texture/infiltration rate tables. A range of infiltration rates shall be noted where appropriate; iii. Measure of pH and total soluble salts. 9. Certification. NOW a. An approval stamp and/or signature block from the Coachella Valley Water District and Riverside County Agricultural Commissioner shall be identified on the Final Landscaping Plans. Approval of Final Landscaping Plans from any outside agencies, if necessary, shall be obtained by the applicant prior to final approval of the plans by the Planning Director. ! a ' - . NQ -1111. - - - - Ali! ift =-- D. Public Education. 480 Attachment 1 1. Publications. a. The city, county or water district will, upon request, provide information to the public regarding the design, installation, and maintenance of water efficient landscapes. b. Information about the efficient use of landscape water shall be provided to water users throughout the community. c. The landscape architect will provide a site -specific landscape irrigation package for the homeowner or irrigation system operator. The package will include a set of drawings, a recommended monthly irrigation schedule and a recommended irrigation system maintenance schedule. d. Irrigation Schedules. Irrigation schedules satisfying the following conditions shall be submitted as part of the landscape irrigation package: i. An annual irrigation program with monthly irrigation schedules shall be required for the plant establishment period, fbr the established landscape, and for any temporarily irrigated areas. The irrigation schedule shall: (A) Include run time (in minutes per cycle), suggested number of cycles per day, and frequency of irrigation for the station; and (B) Provide the amount of applied water (in hundred cubic feet) recommended on a monthly and annual basis. (C) Whenever possible, irrigation scheduling shall incorporate the use of evapotranspiration data such as those from the California Irrigation Management Information System (CIMIS) weather stations to apply the appropriate levels of water for different climates. (D) Whenever possible, landscape irrigation shall be scheduled between ten p.m. and live a.m. to avoid irrigating during times of high wind or high temperature. e. Maintenance Schedules. A regular maintenance schedule satisfying the following conditions shall be submitted as part of the landscape documentation package: i. Landscapes shall be maintained to ensure water efficiency. A regular maintenance schedule shall include but not be limited to checking, adjusting, cleaning and repairing equipment; resetting the automatic controller, aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; and weeding in all landscaped areas. ii. Repair of irrigation equipment shall be done with the originally specified materials or their approved equivalents. 481 Attachment 1 2. Information shall be provided about designing, installing, and maintaining water efficient landscapes. E. Approval of Landscaping a. Final Landscaping Plans shall be approved by the Planning Director. Median landscaping plans located within private streets and public rights -of -way shall be reviewed by the Public Works Department and approved by the Planning Director. b. Planning sta/J'shall field inspect all completed landscaping for compliance with the approved Final Landscaping Plans and Site Development Permit. Public Works staff shall inspect all median landscaping for compliance with the approved Final Landscaping Plans. Staff may, upon their inspection of the completed landscaping, require the landscape architect to submit a signed and stamped statement or certificate of substantial completion to ensure conformance with the Final Landscaping Plans. Note: Authority cited: Section 6,5594, Government Code. Reference: Section 64497. (Ord. 392 § 3 (Exh. A)(part), 2003: Ord. 220 § 1 (Exh. A)(part), 1993) 8.13.040 Provisions for existing landscapes. A. Water Management. All existing landscaped areas which exceed 1.0 acre (43,560 square feet), including golf courses, green belts, common areas, multifamily housing, schools, businesses, public works, parks, and cemeteries may be subject to a landscape irrigation audit at the discretion of the water purveyor if the water purveyor has determined that the annual maximum applied water allowance has been exceeded for a minimum of two consecutive years. At a minimum, the audit shall be conducted by a certified landscape irrigation auditor and shall be in accordance with the California Landscape Irrigation Auditor Handbook, the entire document which is hereby incorporated by reference. (See Landscape Irrigation Audit Handbook, Department of Water Resources, Water Conservation Office (June, 1990, Version 5.5).) B. Water Waste Prevention. Water waste resulting from inefficient landscape irrigation including run-off, low -head drainage, overspray, or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, or structures shall be prohibited. All broken heads and pipes must be repaired within seventy-two hours of notification. Penalties for violation of these prohibitions shall be established in accord with administrative citation guidelines as outlined in .Section 1.09.020. Note: Authority cited: Section 6:5594, Government Code. Reference: Section 65597, Government Code. (Ord. 392 § 3 (Exh. A) (part), 2003: Ord. 220 § 1 (Exh. A) (part), 1993) Attachment 1 111-14.01. I .ilk) . .. .. _ 8.13.060 Appeals, 8.13.050 Appeals Decisions made by the Planning and develepmeHt Director or Public Works Director may be appealed by an applicant, property owner(s), or designee(s) of any applicable project to the Planning Commission and thereafter the City Council by an application in writing to the Planning and Director and City Clerk of the City Council respectively within fifteen days from the date of notification of decision. (Ord. 392 § 3 (Exh. A) (part), 2003: Ord. 220 § 1 (Exh. A) (part), 1993) 8.3070 8.13.060 Effective Date The ordinance codified in this chapter will become effective on De e.n mber-2, 2003 - _ . All plans approved after Deee 03 are subject to thwprovisions of this chapter. (Ord. 392 § 3 (Exh. A) (part), 2003) ATTACHMENT #1 Planning Commission Minutes December 11, 2007 identification signage and two monument signs for the Komar D'p9ert Center located on the south side of Highway 111 and east and est of Depot Drive. 1. Chairman Alderson opened the public hearing an asked for the staff report. Assistant Planner Eric Cej presented the information contained in the staff report, a py of which is on file in the Planning Department. 2. Chairman Alderson asked if the/ocation questions of staff. Commissioner Wilkinson asked of the Costco sign. Staff clarified the Costco signndent of this sign program. 3. Chairman Alderson asked the "red" color was the actual color to be used. Staff stated a applicant would need to answer that question. The sign d s meet the City's code provisions. 4. There being no f9 her questions of the staff, Chairman Alderson asked if the appricant would like to address the Commission. Mr. Clint Knox, ,/representing Komar, gave a presentation on the program. / 5. There eing no questions of the applicant, Chairman Alderson ask if there was any other public comment. There being none, th public hearing was closed and open for Commission Iscussion. There being no further discussion, it was moved and seconded by Commissioners Barrows/Quill to adopt Minute Motion 2007-018 approving Sign Program 2006-1034 as recommended. F. Zoning Ordinance Amendment 2007-093; a request of the City for consideration of an Amendment to the La Quinta Municipal Code, Title 8, Chapter 13, updating the City's Water Efficient Landscaping Ordinance. 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 Wilkinson asked how a single-family resident would 444 13 Planning Commission Minutes December 11, 2007 recover if a resident wanted a fountain. Staff stated the water features for most large tracts and golf courses are replaced by the Bureau of Reclamation water supply as opposed to the municipal tap water supply. The proposed Amendment states that if you are going to have a water feature greater than 100 square feet surface area, you cannot use the potable water source. Commissioner Wilkinson asked how an individual homeowner will obtain the water. Planning Director Les Johnson stated it is part of Title 8 and staff is trying to make the determination as to what the perimeters should be in regard to what that size should be. If the Commission thinks 100 square feet is not enough then staff will take that recommendation to Council. The intent is not to address an estate home, but rather a tract feature. The homeowner would have to find a way to obtain the water. 3. Commissioner Quill asked that under definitions for "Drip Irrigation" it should be expanded to explain the difference between an emitter and a dripper. The same should be done for "Emitters". Consideration should be given to the three types of water that are in the process of being defined further down the Valley. He also suggested adding fire usage protection systems. Also, recreational uses should be added and could be defined as fishing or boating. Any two of these uses would throw you into meeting the requirements. He questioned whether or not the City would have a reason to conduct water audits. Discussion followed and it was determined to review the 100 square foot bench mark and whether or not it should even apply to a residential home. Discussion followed regarding the role of different water sources (such as recycled or canal water) for water features and irrigation, the practice of using recycled water systems, the size and placement of water features, and definitions for landscaping terms. 4. 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. 5. There being no further discussion, it was moved and seconded by Commissioners Barrows/Quill to adopt Planning Commission Resolution 2007-049 approving Zoning Ordinance Amendment 2007-093 as recommended and amended: 485 14 Planning Commission Minutes December 11, 2007 a. The following conditions shall be incorporated into the ordinance: 1) that all turf be limited to 50% of landscaping; 2) There be a refined definition for "desert plants" and "native plants;" and 3) To require that all water features utilize a non -potable water source unless otherwise approved by the Planning Commission. VII. BUSINES'S ITEMS: None VIII. CORRESPQNDENCE AND WRITTEN MATERIAL: None IX. COMMISSIONER ITEMS:. X. ADJOURN There being no furt er business, it was moved and seconded by Commissioners Barrows/Wilkinson t adjourn this regular meeting of the Planning Commission to a regular meeting to be Jeld on January 8, 2008. This regular meeting was adjourned at 10:45 p.m. on December 11, 2007. Respectfully submitted �1 Betty Sawyer, Managemd�t Assistant City of La Quinta, Californ a M, 15