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2008 06 17 CCegr# 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 TUESDAY, JUNE 17, 2008 SPECIAL MEETING — 1:00 P.M. Beginning Resolution No. 2008-040 Ordinance No. 458 CALL TO ORDER Roll Call: Council Members: Henderson, Kirk, Osborne, Sniff, and Mayor Adolph PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CONFIRMATION OF AGENDA PRESENTATIONS 1. PRESENTATION BY PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION AND VISITOR'S AUTHORITY. City Council Agenda Ou June 17, 2008 001 WRITTEN COMMUNICATIONS 1. WRITTEN CORRESPONDENCE FROM SARA RUIZ, DATED JUNE 8, 2008, REGARDING A REQUEST FOR FINANCIAL ASSISTANCE. APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF JUNE 2, 2008. CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. APPROVAL OF DEMAND REGISTER DATED JUNE 17, 2008. 2. RECEIVE AND FILE TREASURER'S REPORT DATED APRIL 30, 2008. 3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED APRIL 30, 2008. 4. APPROVAL OF A REQUEST FOR PROPOSALS (RFP) TO OBTAIN PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR FIRE STATION 32 AND PHASE 1 OF THE CORPORATE YARD, PROJECT NO. 2008-03. 5. APPROVAL OF THE DECLARATION OF SURPLUS PROPERTY. 6. ACCEPTANCE OF ONSITE IMPROVEMENT ASSOCIATED WITH TRACT MAP 29894-4, HIDEAWAY, ND LA QUINTA PARTNERS, LLC. 7. ACCEPTANCE OF ONSITE IMPROVEMENT ASSOCIATED WITH TRACT MAP 29894-3, HIDEAWAY, ND LA QUINTA PARTNERS, LLC. 8. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 33597, MALAGA, R. T. HUGHES COMPANY, LLC. 9. APPROVAL OF A ONE-YEAR CONTRACT EXTENSION FOR A CONTRACT WITH HF&H CONSULTANTS, LLC. FOR AB 939 WASTE MANAGEMENT SERVICES FOR FISCAL YEAR 2008/2009. 0132 City Council Agenda 2 June 17, 2008 10. APPROVAL OF THE RIVERSIDE COUNTY COOPERATION AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS FOR FISCAL YEARS 2009- 2012, AND AUTHORIZE THE MAYOR TO SIGN THE AGREEMENT. 11. ADOPTION OF A RESOLUTION REQUESTING THE COUNTY OF RIVERSIDE TO PLACE COLLECTION COSTS FOR SOLID WASTE HANDLING SERVICES AT SINGLE FAMILY DWELLINGS ON THE TAX ROLLS. BUSINESS SESSION 1. CONSIDERATION OF APPOINTMENTS TO CITY BOARDS, COMMITTEES, AND COMMISSIONS. A. MINUTE ORDER ACTION 2. CONSIDERATION OF NOMINATION OF NANCY DORIA TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION. A. MINUTE ORDER ACTION 3. CONSIDERATION OF EXEMPTING CERTAIN SIZED PROPERTIES FROM HAVING TO COMPLETE PRE -ANNEXATION DEVELOPMENT AGREEMENTS. A. MINUTE ORDER ACTION STUDY SESSION 1. CONTINUED DISCUSSION OF AN AMENDMENT TO LA QUINTA MUNICIPAL CODE SECTION 9.160.060 - PERMITTED TEMPORARY SIGNS. REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (HENDERSON) 2. BOB HOPE CHRYSLER CLASSIC AD -HOC COMMITTEE 3. CITY COUNCIL AD HOC COMMITTEE REPORTS 4. CVAG COMMITTEE REPORTS 5. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (SNIFF) 003 City Council Agenda 3 June 17, 2008 6. C.V. CONSERVATION COMMISSION (SNIFF) 7. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (TERRY HENDERSON) 8. C.V. MOUNTAINS CONSERVANCY (KIRK) 9. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 10. FRIENDS OF DESERT MOUNTAINS (KIRK) 11. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (OSBORNE) 12. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 13. PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION & VISITORS AUTHORITY (HENDERSON) 14. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 15. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 16. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 17. SANTA ROSA/SAN JACINTO NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 18. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 19. ARCHITECTURE AND LANDSCAPE REVIEW COMMITTEE MINUTES OF MARCH 19, 2008 20. HISTORICAL PRESERVATION COMMISSION MINUTES OF APRIL 17, 2008 21. PLANNING COMMISSION MINUTES OF APRIL 22, 2008 DEPARTMENT REPORTS 1. CITY MANAGER - NONE 2. CITY ATTORNEY 3. CITY CLERK A. UPCOMING EVENTS AND CITY COUNCIL CALENDAR 4. BUILDING & SAFETY DEPARTMENT REPORT FOR MAY 2008 5. COMMUNITY SERVICES DEPARTMENT REPORT FOR MAY 2008 6. FINANCE DEPARTMENT REPORT - NONE 7. PLANNING DEPARTMENT REPORT FOR MAY 2008 8. PUBLIC WORKS DEPARTMENT REPORT FOR MAY 2008 9. POLICE DEPARTMENT REPORT FOR MAY 2008 10. FIRE DEPARTMENT QUARTERLY REPORT - NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE 004 City Council Agenda 4 June 17, 2008 CLOSED SESSION NOTE: Time permitting the City Council may conduct Closed Session discussions during the dinner recess. In addition, persons identified as negotiating parties are not invited into the Closed Session meeting when acquisition of real property is considered. 1. Evaluation of City Attorney Performance — Government Code Section 54957. RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7:00 P.M. PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. PRESENTATIONS — NONE PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project. If you challenge a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS CERTIFYING ENVIRONMENTAL IMPACT REPORT 2005-560, AND APPROVING TENTATIVE TRACT MAP 33848, THE SUBDIVISION OF 4.8± ACRES INTO 12 SINGLE FAMILY LOTS AND OTHER PARCELS LOCATED 510± FEET WEST OF MONROE STREET, SOUTH OF AVENUE 58. APPLICANT: DAVID MAMAN DESIGNS. A. RESOLUTION(S) ACTION Oii5 City Council Agenda 5 June 17, 2008 ADJOURNMENT An adjourned meeting of the City Council will be held on June 19, 2008, commencing at 6:00 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 June 17, 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 1 1 1, on June 13, 2008. DATED: une 13, 2008 VERONICA . MONTECINO, City Clerk City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7103, twenty- four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 7103. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting. JUO City Council Agenda 6 June 17, 2008 WRITTEN CORRESPONDENCE ITEM: Sara Ines Ruiz 44525 Marguerite Court La Quinta, CA 92253 (760) 345-5631 June 8, 2008 La Quinta City Council Councilman Tom Kirk 78-495 Calle Tampico La Quinta, CA 92253 Dear Councilman Kirk, My name is Sara Ines Ruiz. I am an eighth grader attending John Glenn Middle School of International Studies. Mrs. Tina Burr, my science teacher, nominated me to represent our school and community at the National Young Leaders State Conference in Irvine, California. Selected students from throughout the state of California are nominated to attend the National Youth Leaders State Conference. The conference is a four -day leadership conference that will help reinforce my student leadership skills including public speaking, communication, conflict mediation, critical and simple decision -making, goal setting, group dynamics, large project management, and self awareness. Additionally, during the conference I will have the unique opportunity to work with those who are the news and those who report the news. The National Young Leaders State Conference will help me achieve my educational goals and teach me to be a stronger community leader. I had a GPA of 3.42 at the end of 3`d quarter and I am a participant in the AVID (Advanced Via Individual Determination) program and Advanced Art. I study to learn, and I learn, so that I can be a creative writer, illustrator, and professional photographer. This leadership conference will teach me skills that will help me be more successful in high school, college and in my service to the community. Although I have been nominated and invited to attend the National Young Leaders State Conference in Irvine, California, I have one obstacle that I ask for your help to overcome. To attend this conference, I must pay tuition of $ 1,579.00. My family is unable to afford the cost of tuition. I intend to earn this money by fundraising and asking for organizations like yours to please sponsor me. I have a very short amount of time to submit my tuition as it must be paid by July 2, 2008. I have included scanned copies of the 2008/2009 NYLSC schedule and a list of past Congressional Youth Leadership Council distinguished speakers for you to review. I am hoping that your organization will help sponsor me my attendance at the fall National Young Leaders State Conference. Please contact my parents or myself if you have any questions at (760) 345-5631 or email at ldblond@hotmail.com. Thank you for considering this request. Sincerely, SM, uiz 007 �t/(!u//J�r��r(/!I�_�{'Ui�'i.r•�/cr/t' (rlU�t'/�tlltT Day One Launching the Leadership .Tourney Rkcgistratitm and Chc,k-in Oponing Imnchcon Setting the stage: The.6turaepBeyins Welcome Addres� Skills •Asses;mrnt: Unleashinz the Leader Within Krroerriziag }bur PeIvnurl strrn�III ti and I'nirlur AlitWes Tram Building: Farming Your leadership base C'reatat, t%rur NctirorA of,Snpportt I (foal Setting: Shaping a Vision for lour tuning St'long }bur Si,.;hv and l.%tafrlighirll; lout {,oafs Intcrperson: I Comm oinication. I.tstenim_ to he Heard _irrire tint, -sing. Peedbo(k m d Gotri Slta h [1�rning Social Da) Iwo Personal Leadership t)eulopment ti; It-Awau ncss: The ('outcni oC Your ('haractrt l'he Inrj„trt a( Qha,S, l'rr/'rrt�ur<'.t and Self•1:gr, ur Pecs: nlaUun Skills. Bmakm(; the Sound li<lrricr' LIJe rtir< Public Speaking Al(thod.c for Leaders Ded,lon Making: I Aininless (1pputlunit0s ltespumihle Choice, 111re1npn is At,mdmcl.) and IidAinL, Oit tierehy, Ji,r )i,ur ,1< tioa.N Group Dcuamcs: Form, Storm. Norm. Perform thtlin Ong a (Via16 Siren(Yhs and Powimol Pcr,un:d Leadership in Actioi aril) ulg Learned Skills Group huerartion and Ihx.'amal The Great Pschampe: Student -Led Wolkshops llm"WOM saw , POW L. M �rmTW 4h �av q..dq .4 iF:....i e.., . u.:r., 7a", "Os p1�1y ih dsnlol ", IrdaO;;.; pd . iN,y n.."^ntJ.ljw.l Dai Three Practicing Leadership Skills Conflict Management: Constru,ihc Mdriorl4 tirr Dealing Stith Dilterenccs P(acticing, Lcadcr,hy: Apphing Loanied SUk Grrayr Ilii(rai riun and Dis'.uoshm I'hc Pokwr of `v'4'mk An Exploration in Mersity and "Iolcrcn.c ProjL o Atanagemenc SwdemA nd Ow Planning My Leadership Skills to Life Nt� on;d I eadcrahip Plan Lah PCr,on,d Lcadc_ship Plan E're,,ewanom Salmdio Night Lire: Student-i,ed t'arie!e ShoNtica,e Dai Four Challenges and Opportunities Challenges and Opportunuics: Appl}inc Learned Skill Groap Intreractkon nerd Dis(Imm' r Pcrwual Lcadembip Plana: Spnn,',baud, to Sueccs; Dcbri(j Pe'rstala" Leadc'ship Pidn Lrrb �l'.1'rr+rvuattrvts ('elahrady Scum and L whim^ to the Puturc: Student -Led Co{Y1meiwmcnt CoremonL ('hcch out and Depaiturc Uu9 _rIC/�lii �/r`i lrf _/tllli f Soumi^ Wrota Secrefa-t. k. S NPAI rent of ian'l,niztion Stephen hdlaa„n .Vitoo,i to&w, L',n,I wmon ntiN I'mtPiaon AQVn,1 ("Woc*t) Plod Paci ve Ch.nl:ni,m. Jam, Chwu nr Stmf \.a Ilmchn;,,,n Cndcr Seceetary tot 13ordcrtmd Tlan>port:ltion Srcunty US. Deparwona of Homeland ticcurity AmNs Cald Scclat,u},iJS, Dcpartr;ent of Iran ;r,natiall Jan;. Wo l' S-Ancenc+ Gcuuwi Dale ISar,Iot R'hife Home CommuWaIM Da ar am! A., ax" n, a., P! cN dent RICO TO SCgCkiry. 1...S_ Dct,. rnrait of 1' LL':Non .A!,h Jlt,p lac ,K"Iil ScLiClaiA pit Ilnl wl` and i': i,.lil I)ct Clol,;aCili \nrh�an Ii:n,ip iccrctal) ct Kctcrin'. AIrani I of I, 1 wh 1)pn4w 1. S. MY RBrcua ei IMC,tly MIOTI (,:ncral Ifxl, AI. Cads; cV Doe't:,i U" O.: e,: of A.,tl„Ilod Drug Cuatroi Poll, Joe Lnckhr^i N'hac Henke 1'.c„ 1 Vinar, :uui .A*v,ami to me Pr.,tdrnl lctst Caucrreh Sped,cr of the Ur S. Homc ,1,RepreoW1ZIIe, Aihct,o G' QL� A%h,ltr Ifou,c (.'nt.n�d to the homdcnt John Me"n honner Ant"n„a„ot to Ro,ns ^,nd Hcliegori^a. {',S Departmc•noi State MlIlk behncld.l Ditecow, l.'nded Stalc, Pc.,ar Corp, Calohn MCattlt\ U3, Repre,e,t*loe, Mom^cl, Hou c l 11 ml;on at'ki A\orl. I'.1:;e Comlrirtee Jc... I,ldon❑ otcnldrnt. Kat,eirl Ranihoti Coalition 11 Lwow Cli t l Cut n ,;amdcnt, .1 ra'u* c d RM Raw AA'hue i loa,e Corre,p(1ndnu CBS',Vra', H ek. f l Poona, Whl,c t I,,c,c C on r,pond: nt, HI tout \, x .11u;,:•l Kawn WWI) Nmtional I'nl.tw d Corw,p o&nt Time R„her; Piavke;i Capitol Ilil' Com,,p,)ndent f t Jnan \Rlllam, Flo,:, hdi, rl d;t .VaIton \PR long:li,r, Kul Saiticr I rci;ii AIiair, Conc,poln enl, IM E"kheme nnn_ el f-dmniakv;, Mountam,—ci cool Aufhoi of to low 11 the lops !i IN h'ry Ll.' 111bil1.11,mv lmmle, h,(Twh ba du that, OW f1C (on W, O A / rr; IiIt I COUNCIL/RDA MEETING DATE: June 17, 2008 ITEM TITLE: Demand Register Dated June 17, 2008 RECOMMENDATION: Approve Demand Register Dated June 17, 2008 BACKGROUND: Prepaid Warrants: 78335 - 78359) 78360 - 78381) Voids} Wire Transfers} P/R 35367 - 35377) P/R Tax Transfers} Payable Warrants: 78382 - 78508) FISCAL IMPLICATIONS: Demand of Cash -City Demand of Cash -RDA John M. Falconer, Finance Director 11,526.62 96,405.62 (5,044.17) 644,019.81 234,394.83 63,023.45 10,985,685.81 $12,030,01 1.97 $3,938,704.46 $8,091,307.51 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR PUBLIC HEARING G:1 CITY OF LA QUINTA BANK TRANSACTIONS 05/23/08 - 06/10/08 05/23/08 WIRE TRANSFER - LANDMARK $187,039.02 05/23/08 WIRE TRANSFER - WATERCOLORS $103,000.00 O6/02108 WIRE TRANSFER - ICMA $1,235.32 O6/02108 WIRE TRANSFER - PERS $57,832.09 O6/02108 WIRE TRANSFER - PERS(CC) $2,586.40 O6/03/08 WIRE TRANSER - HEALTH PREMIUM $96,257.66 06/03/08 WIRE TRANSFER - GOODMAN ESCROW $14,040 00 O6104/08 WIRE TRANSFER - LANDMARK $182,029 32 TOTAL WIRE TRANSFER OUT $644,019.81 r1 NI N Y M r eN1 YO 4 m M U W m o O N d N M d P i W F' O O M O N m o0 P N N N W tOyC �UF� O O 1`l 1� N d N h P d N m N Q w w £ 0 a oz WF ww w0 w Ow FZ MW j Q « r « t « « s r « « « r « « « O N u�io m o o m mom NON10(1 N Pm a m, ry N N h h N d d N ry r h N m d d' N wF ww Z N M M m N M N M M O N 1 M NM d M M dada N m ri N N m N N N H v N N N z N N ul N Q i a N N N O O O O O o o O O N y N O N O O N N N N N N N ry d N N N N N N N N N Y u n 9 m u m o x o 0 i w o o m o 0 0 0 0 0 0 0 0 0 w o m o o 0 0 0 0 a L 6 00 a z w a N � U UZ N O Q i7 0 0 00o > w N C m w m U > N H O 2 m E Q m O O Z K £ W p L w O 5 U £ m O rFi h' u ama F N Z w vFi j 5 .l r�i 4 ZO 2 w z uNi 09 u u tw.l R Q vi rN. % W a > F N U Q U Ux F Q F 2 P 0 m M N a O w' 00 \ d N M M N Ynj O m 0 N a m N a N a N J N N £qw zz « r N M rc�oo i Y m m m m m n n n m WW UI'] O ry Z� iwuwuz N P m ~ u'a� i W F i �� N �n uNi e m N <' w roi X � u F •+ n N a r .� M w £ p.� m r N d KF wK GO w Ow FZ w p a 4 k ♦ M Y Y Y # # # k Y k Y p OF Q y m m M M m d N N N ry O N O 00 m O ,Zj N m J N N N m P m m N N m M m O m M ry m u mu °, w Q .mi mNti N r o voi b udi .i vi r o m l m r N O < c iap� MOM rim Nry ad MrN rr rN NY1 udi M 'i Fw rr a �r Ma N m � ri ri 00 rr NO ri n0� £ m N VI M ri �ww z r1 N N m N N M N 0 N r^ N N N � ri m r YI ri a s N V1 U1 m m a m m a r a d m mF� M M M ri M m ri N ri N N ri ri ri n ri m ut ri M N N r r ^ r M N d U i a m O O O N O o r r ri O N Q N VI m� N r1 m o m m ~ N O N ~ N ~ o o o O O o O oo n m m a ri O O~ a s as O ri w rin .+ ,y nn n ri M M m ri ri W w F Ur m m m mm m w W O o m o0 o 0 0 0 ry ry o N O N N N N N N N X W o O O O O O O O o 0 o O O O O o O O O O o 0 w Q N i00� a 2 W fu N _ � w N N b N Nri N m m N m 'i M N N N N Nri fl N m m Q �� 00 00 0o O w u Ei o w .FQi U .ai z u 0 a W w w Z o O O O £ U F Z K ; 'µQj 'ajµ U rai K W w 4y W w W N O Y: Z R W H w .l .1 .t wfrw.�. 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N �O O vo �O N UJ) ceity/ 4 sCP Qu&rry COUNCIL/RDA MEETING DATE: June 17, 2008 ITEM TITLE: Receive and File Transmittal of Treasurer's Report as of April 30, 2008 RECOMMENDATION: Receive and file. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Transmittal of Treasurer's Report dated April 30, 2008 for the City of La Quinta. FINDINGS AND ALTERNATIVES: I certify that this report accurately reflects all pooled investments and is in compliance with California Government Code Section 53645 as amended 1 /1 /86; and is in conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds. I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet next month's estimated expenditures. U5--0 Respectfully submitted, John M. Falconer, Finance Director Approved for Submission by: Thomas P. Genovese, City Manager Attachment: 1. Treasurer's Report, City of La Quinta 051 2 A 1 1 AUMVIC1V I I TO: FROM: SUBJECT: DATE: `^"t i'V"K'w^'W MEMORANDUM La Quinta City Council John M. Falconer, Finance Director/Tmasurer Treasurer's Report for April 30, 2008 May 30, 2008 Attached is the Treasurer's Report for the month ending April 30, 2008. The report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Department. The following table summarizes the changes in investment types for the month: Investment Beginning Purchased Notes I Sold/Matured Other Endinq Change Cash (3) $ 69,858 $ (169.527) (1) $ (99,669) $ (169,527) tAIF 42,999,395 8,978,997 (5,000,000) 0 46,978,392 3,978,997 US Treasuries (2) 43,676,884 118,673 43,795.557 118,673 US Govt Sponsored Enterprises (2) 54,689,707 26,000,000 (21,000,000) 35,589 59,725,296 5,035,589 Commercial Paper (2) 19,950,070 10,000,000 (10,000,000) 4,073 19,954,143 4,073 Corporate Notes 7,957,039 4,720 7,961,759 4,720 Mutual Funds 15.030,776 1 12,337,019 2.693.757 12,337,019 Total $ 184,373,729 $ 44,809,470 $ 48,337 019 $ 163,055 $ 181,009,235 $ 3,364,494 I certify that this report accurately reflects all pooled investments and is in compliance with the Califomia Government Code; and is in conformity with the City Investment Policy. As Treasurer of the City of La Quints, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. The City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. �30Look John M. Falcone Date 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 premiunvdlscount 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. itJ3 3 Treasurer's Commentary For the Month of April Cash Balances - The portfolio size decreased by $3.3 million to $181.0 million. The major reason for the decrease was construction payments for the Vista Dunes Lousing Project and the Ave 481h and Adams Housing Projects. Investment Activity - The average maturity of the portfolio increased by 8 days to 82 days at the end of April. The six month US Treasury benchmark increased by 20 basis points and ended the month at 1.70%. The Treasurer follows a buy and hold investment policy and has not sold investments before maturity to take advantage of market conditions. The Treasurer increased by $5 million holdings in Farm Credit GSE's. LAIF increased by $3.9 million to take advantage of their higher rates in a declining rate environment. As previously reported in last month's report, Staff did a $12.3 million drawdown in April from mutual funds for low income project costs. The sweep account earned $2,283 in interest income for the month of April and the bank fees for the month were $ 3,624 which resulted in a net decrease of $ 1,341 in real cots. The bank costs included a one time charge for a second check scanner of $1,500. Portfolio Performance - The overall portfolio performance decreased by eighteen basis points from the prior month and ended at 3.41 % for the month, with the pooled cash investments yielding 3.45%. The overall portfolio yield (including bond proceeds) was one hundred seventy one (171) basis points over the benchmark, which has decreased by forty six (46) basis point from the two hundred seventeen (217) basis point difference in March. With the average maturity of 82 days, the portfolio yield should remain at these levels for the next three months with a small downward trend based upon reinvestments at lower rates. 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 5.15% and the benchmark was at 4.84% 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 481h and Adams. Future Thoughts The Treasurer will continue to invest in short term maturities to take advantage of the yield curve - Commercial Paper with 30 to 90 day maturities and Bond proceeds will be laddered in three- and six-month Treasury bills as they mature. 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LIN, Rederowvmem Pgener and Financ,W ANnonN Apn130, 2W8 Balance W Actual ounce 181,W9.235 . Petty cash Funds (t,c03j L. N Survl Funds 3549SEE Balance of Sur,lus Fuca E 177458.ii C N Calr 61nvwNrenn B nk AccouMe Name SUr ue T 8 SOD, Surqus Yee OE Surplus Yas -Avail Wells Fargo-DemaM No Cl f (SSl962 Wells Fill - Banks, No Sweep 401982 " paid,Carer-Demand No WA t f 645i1 - E 845i4 E 545i4 WelbFa cMou&-DemarA Total -Baru PtwuMa Tea LMcw E 9986E E EAN E U 3 Treasury CUM..,lan-AvaJaEN Suw IvueOT Pmod¢etl Value Surplus Yes Ad Surges Year TNaI-Us Trtaw U SGmmmeM Sponsored! Enterprises PmoM1IZM Surplus surpue LudW l Surplus I., Value Yea Pd Yes 2,937,209 BankolNcv Vak-0emaM Yea Freddn Mao 2.957,209 296],209 9,569,821 Bank of Nsw York-0emaM Yea Fredtlie Mac 9,969,B21 9,989,831 Bank of Nara, York - Demand Yea FlUS 1,Po9,619 t%9,e19 1,999 B19 Beek of Nary York - Demand Yes FFCB 4,893,092 4,893,00 L893,092 Bank of New YOM-Cain Tp FFCB 4,981,4I2 4.981,An 4.951L]2 Bank of N.TOM-Demand Yea FFCB 9,998,982 9.998,962 9,S9e.982 Bankol Nex VOM1-Demand Yea Freddie Mac 4,394,131 4,394,131 4:39(13t Bankol New Ycwk Demand Yea FHUS B4OW,45] 0,860,48i 8,W048] Bankol=York-0emaM Yea Fill 9995,iW 9995,16] 9,995,167 Bank New YOM-0emaM Yes Freddie MaC 2465116 2485116 34651t8 Ol TOlal - US Goasrnmenl Sidearee 59 ii5,2]6 59,]25298 59,i25,296 MNrvm Term Nole Book SAs" Surplus CISIddIanAvalladli Su lank laver? Value Y¢e PA Yea Bank of New York-0emaM Tes General ElecNcfAglal 2,Sjil 2W8,]93 2,9]8793 Bank olNcn York-0emaM Vea US SariCwp 3,W5,232 S,.,232 3W5,232 Bank of New YOA-Demand Yee General Eleclnc Ga bl 19n.]34 19]]i34 19]]]34 TNeI-Metlwm Term Pa 1 Z961,]59 7,951 7EE - ].961,]59 Bank of New York -DemaM Yes I Here Sankof New YOM-DemaM Yee I mencan LDwl �ency lnveGmeM FUM Surqua Surplus Name-AwllsEil Su dire T e Bcok Vea M Yes LAIF-CM-Oentl Yes Sate Pml 39,044,092 39.Oa4,a82 (3,]15.211) 35.320,8]1 WF-REMaa e Yes Sala Poal ]9N 310 ]934310 ]934310 TaA,-Sale Find 469]8,3Jl 4SII8392 3,]15,211 4]283.10t TOW CIN Investments Todd CIN cast SI nitre a FISW award creehmmts Surplus No Ad SurplusAli No Funds Achill Surplus Yea 58Z E (205 E 4, 11),173 E 3,549,968 401662( E (401,5621 O30 0 0 f_ 161.243 E 3)152t1 E 3,5`A,969 D.BSSt% O.Ob1% Surges No M Surqua No All Funds Actual% Surplus Yes - acm9% oa000% Surplus NO Ad, Surplus No 17, Fund. Actual % us Yes Surplus No ad Sup, No A,cal% We SmgWsmqus Funs l%eallulu sur,ws 17ff ax3e% 1124a4% c 134,OtB,509 194,819.W0 J)15311 130,9W,JM - N])tl% )T86J% 1]4,510,921 1N.80I,151 J,)13,M1 ll0,85B99 151,341 ],]15311 ],SW,95B )IJ1E6% )JMI/% PmoMZW Surgiy Surylus POMOIp-Clry lmeaMeMs M Tea CuskElan-AvaAadl sun Im lyuerrt Value Ta 13,93],934 13,93],924 2W2RDAU5 Bank -LIP Vea USTreasury Blll 13,93],924 2CGI FInaFice AiMorHy-CIP Vea US Treasury Bill 9,915.531 9.945,831 9,945.831 =FinanceAUMo -DIP V» USTreaeu Bill 137BI 1991t 8o2 19911002 Trial -US Treaeu IE2 43195,55] 43,]9555] 43.]93,55] PoMopO-Mutual Funtla Trv&ee- AvailaNll Supine Money Martel Mutual Fun Book Value Surplus Yes Adi Surges Yes CNr CeMerUSBaok-oro1M YES 151 Amerkan Civic Center U S Bank - Dec Sic YES an Pmed.n Ill ROA US SureDadSire YES 1&Pmencen " 1995 RDA U S Bank-CIP TES id Me cal 1995 RDA S Bank -Sc dal Fun YES tat Amencan NU Flo Aut6-1995 US Bank-E. YES iN American i998ROAU5 Bank -LIP YES tat Amencan 1998 RDA U S Bank -Dd SVc YES ip AmAiCan 1998 RDA U S Bank -Bendel Fun TES 19 Pmercan 199E RDA U S Bank -CIP YES tYNnerican 2WI RDA US Bank -Out Sva YES tatAmencen 2001 RDA US Bank -CIP YES 1s, Pmencan 2932 RDA US Bank -ON Se YES lust Amersan - - - 21U2R0AUBBank-CIP YES isl Amerkan 2.685,045 2.685845 2,865.845 2003 Tarsal: RDA US Bank -OS YES tan AnnouncedM03 Tanle RDA S BanB-COI YES Id Amencan - 2003faced eRDA U S Earl YES tYWAnne can - - 79I0 2e Fin Austin Bank YES td Pmca enn T,912 7,912 X104 FIn"US Bank -LOI YES lust Amencan SudAllal-MWual Fun 2693,757 2,893 ]5i - 260757 Surqua No Ad Surqus N,, A'Funs Actu SURIua rear 341952% 248]94% Surylus No pd Surylus No All Funds Actual % Surplus Yea 14eez% 1s180% postal Flful Apart elmenb 43MBJ111 484119,314 1 114 13360]4% 3618)J% OraM Tobl 1B1,DJB.2]31 181,173,I115 1 13424J ],]153tt ],SSO,BBB IOO.a00M4 100.0000% 1 UUO 11 m mFim vam c c >v m m m gU a LL3� "o o`om o mWrn� m ��o wwwF J yN V cs O O .� CG � LL UO Cp C C Sa QQQV! ae ee IN a N O ee d o oar vima FIIO N ° m r wm O p p C w m p YI 1A m d Uj �eae e d viam ui �aear°ur°md �voWWaw viad e ee O w O Omj N Y m �m�ci^m �mamn��`�naem� �ae ee m N NNCI N lie a ZOm°`Nm �NfVN^ a nines � ^ N ��jj�e 2'2'N aG e a ro n ry O � � r 12 deeer O l�1wm N f�l Evoivoi°m -eege�e pee ee00 LL fO Mf70N0 oa°O epG d`e 'Nt�thO�m y � r w r YNY �IpmaW�N O ^ O v m O W Gmm` erva U via �+g�m �b O N O m 0l e a °a ON meao%o�� N Y W m c_m w Ernrnu UQ u`Ei i $ m m a uarc,_ m W wwF� `o W m m c a`a`am�ag c °m N f0 r N tD wrn^Wm monn�^m e d'ee e yWWao�m ^ O oee ee ° memm� Ie ea e d' O Y O O N N< ee eewell m e ry m m m -9 a eyNe ONNOIOrN e N E E E d m mmwE mmE U�y UQLi o _ u � c _ d lla6 dLLa LL'^, O O O- m N O O O m T p� c CWz.a F9 ra 'E 'E 'E c D wWw@� wwwFA iiw8i~Em a�i 8imt�m tl .tl tic mm IZ N j O q R' N.N ._`c m`m N j f0 O W E ap a`�N<5 .ama a�na g12 m W m r q o � o $ C n Q o x rn �s O O i L � — 2 Q m S ao C W N O O c Q f6 7 d LL C m C 0 g C a o O c LL j `o C (Q � C � E w y m a U N is p � m W C � ' ` CY d O � a !0 w t o O v N U�oL N V 0 0 0 E' o CDCD0 CD CDo Q m o 0 0 0 0 0 O L6 14 M N Z a i i i i i I 1 l• I 1 I I I I I I I / i I 1 r I 1 i i i i i 1 i I 1 I 1 I V CEO OE TVR'phI AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: .tune 17, 2008 BUSINESS SESSION: _ ITEM TITLE: Receive and File Transmittal of Revenue CONSENT CALENDAR: and Expenditure Report for April 30, 2008 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Receive and file. BACKGROUND AND OVERVIEW: Receive and File Transmittal of the Statement of Revenue and Expenditures for April 30, 2008 for the City of La Quinta. Respectfully submitted, ohn M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Revenue and Expenditures for April 30, 2008 0 G I A I 1 AUNIVILM 1 -1 CITY OF LA QUINTA REVENUES -ALL FUNDS 0710112007-04130/2008 FUNDS BUDGET RECEIVED % RECEIVED General $40,585,922.00 $26,921,455.28 66.30% Library 2,072,200.00 1,686,55254 81,40% Gas Tan Revenue 766,200.00 551,933.67 73.00% Federal Assistance 525,921.00 328,082.31 6240% JAG Grant 10,607.00 10.607.00 100.00 % Slesf (Cops) Revenue 100,400.00 101,868.90 101.50% Indian Gaming 190,75000 90,707.48 4760% Lighting & Landscaping 916,500 OD 486,454 15 53.10% RCTC 2,292,80700 86,55853 3.80% Development Funding 000 000 0.00% Crime Violent Task Force 103,500.00 59,505.07 57.50% AS 939 165,70000 152,230.50 91,90% Quimby 1,438,000.00 590.206.83 4100% Infrastructure 12,000.00 10,46494 8720% SB 1266 660.937.00 665,18&22 100.60% South Coast Au Quality 56,900 00 42,415 47 74 50% Trensportabon 1,225,OD0.00 1,263,250.91 10310% Parks & Recreation 334,500.00 357,638.00 106.90% Civic Center 194,700.00 289.414.75 148 60% Library Development 133,ODO.00 140,756.00 105.80% Community Center 74,90000 57,57917 76.90% Street Facility 84,186 DO 46,09348 MAD% Park Facility 11,600.00 11,604.54 100.00% Fire Protection Facility 27.00000 38,17417 141.40% Arts In Public Places 137.50000 170,679 70 12410% Interest Allocation 0.00 790,55045 0.00% Capital Improvement 153,281,623.00 34,020,617.29 22,20% Equipment Replacement 737,483A0 691,13373 9370% Information Technology 560,026.00 557,004.58 99,50% Park Equipment & Facility 430,290.00 426,078 46 99 DO% SilverRock Goff 3,637.306 00 3,246.736 35 89 30% SYIverRock Golf Reserve 74,946.00 2,848.27 3.80% LQ Public Safety Officer 2,60000 2,49966 9610% La Quints Financing Authority 6,617,686.00 6,612,485.82 99.90% RDA Project Area No. 1 88,610,22900 59,449,356.11 6710-A RDA Project Area No 2 43,414,999 DO 28,648,531.01 66 00% Total $349485,91800 $168,60726334 1 4820% 07Y1 k4 CITY OF LA QUINTA EXPENDITURES - ALL FUNDS 07/01/2007 - 0Y3112008 FUNDS BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET PERCENT General $39,502,866.002 , 3, 63. 8 .06 Library 5,442,810.00 3,846,55182 0.00 1.596,258.18 707% Gas Tax 576,760.00 439,414.98 000 137,34502 762% Federal Assistance 525,921.00 328,08231 0.00 197,83869 624% JAG Grant 10,607.00 10,60700 0.00 0.00 100.0% Said (Cops) Revenue 100,400.00 0.00 0.00 100,400 00 0 0% Indian Gaming 201,14200 85,11965 0.00 116,022.35 42.3% Lighting & Landscaping 916,500.00 763,750.00 000 152,750 00 83 3% RCTC 4,149,826.00 86,558.53 000 4,063,26747 21% Development Agreement 000 0.00 0.00 0.00 0.0% CV Violent Come Task Force 57,100.00 32,498 24 0.00 24,601.76 56.9% AS 939 238,500 00 149,636.11 000 88,863 89 62 7% Quimby 8,572,100.00 34,56900 0.00 8,537,53100 0.4% Infrastructure 525,22100 296.162.20 000 229,05880 56.4% SB 1266 660,93700 21.841.50 000 639,09550 3.3% South Coast Air Quality 26,600.00 16,11938 0.00 10,480.62 60.6% Transportation 7,753,570.00 563,54313 000 7,190,02667 7.3% Parks & Recreation 100,00000 66,165.16 000 33,83484 66.2% Civic Center 6.643,426.00 6,469,666.10 000 173,759 90 97 4% Library Development 80,000.00 73,16266 0.00 6,837.34 91.5% Community Center 0.00 0.00 0.00 0.00 0.0% Street Facility 385,82500 45,49657 0.00 340,32843 118% Perk Facility 28,886.00 0.00 000 28,88600 0.0% Fire Protection 35,000.00 35,472.27 000 (47227) 101.3% Arts In Public Places 888,450.00 150,703.14 000 737.746.86 17.0% Interest Allocation 000 000 000 000 0 0% Capital Improvement 153,281,62300 34.020,617.29 104,72542 119,156,280.29 222% Equipment Replacement 1.912,206.00 1,214,778.63 237,391.57 460,035.80 63.5% Information Technology 715,82500 251,06869 7341 463,88290 352% Park Maintenance Facility 000 0.00 000 40,000.00 0.0% SilverRock Got 4.544.117.00 3,777,378.15 7.766.50 758,972.35 83.1% SilverRock Reserve 0.00 0.00 0.00 0.00 0.0% Lq Public Safety Officer 2,000.00 0.00 000 2,00000 0 0% La Quints Financing Authority 6,618,486.00 6,612,327.50 000 6,15850 99.9% RDA Project Area No. 1 146,541.118.00 68,143,654.65 000 78,397.463.35 46.5% RDA Project Area No 2 82,948,06200 45,577,46077 0.00 37,370,60123 54.9% 0 u71 K] CITY OF IA QUINTA 0710112007. 04/30/2008 GENERAL FUND REVENUES DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED TAXES: Property Tax 2,763,100.00 1,301,331.33 1,461,76887 47.100°h NO Low Property Tax Distribution 2,720,500.00 1,933,48844 787,011.56 71.070% Sales Tax 6,769.60000 4,173,29398 2,596,306.02 61650% Sales Tax Reimbursement 2,284,40000 1,161,W8.46 1,122,79154 50,850% Document Transfer Tax 717,200.00 475,832.06 241,367.94 66 350% Transient Occupancy Tax 5.479,10000 3,701,95468 1,777,145.32 67570% Transient Occupancy Tax- Mitigation Mr 298,900.00 19,05000 279,850.00 6.370% Franchise Tax 145770000 108223583 37546417 74.240% TOTALTAXES 22,490,500.00 13.648,79470 8,641,70522 61580% LICENSE & PERMITS: Business License 322,200.00 268,26840 53,93160 83.260% Animal License 18,50000 18,872.50 (37250) 102010% Building Permits 558.600.00 565,093.16 (6,493.16) 101,160% Plumbing Permits 84,40000 87,12330 (2,723.30) 103230% Mechanical Permits 65,500.00 52.617.21 12,882.79 80.330% Electrical Permits 47,60000 76,721.13 (29,121.13) 161.180% Garage Sale Permits 11,000.00 12.170.00 (1,170.00) 110,640% Misc Permits 16320000 11892958 44270.42 72.870% TOTAL LICENSES & PERMITS 1,271,00000 1.199,795.28 71,204.72 94400% FEES: Sale of Maps & Publications 3,900 DO 1,77991 2,12009 45.640% Community Services Fees 421,350.00 310,247.71 111,10229 73630% Finance 1,45000 324.73 1,125.27 22400% Bldg &Safety Fees 377,10000 465,808.04 (88,708.04) 123.520% Community Development Fees 147,400.00 97,213.50 50,186 SO 65,950% Public Works Fees 75120000 88564490 (13444490) 117.900% TOTAL FEES 1,702,400.00 1.761,018.79 (58,61879) 103.440% INTERGOVERNMENTAL Motor Vehicle In -Lieu 3,800,00000 1,959,990.18 1,840,009.82 51580% Motor Vehicle Code Fines 86.400.00 103,445.24 (17,04524) 119.730% Parking Violations 55,90000 36,149.00 19,751.00 64670% Misc Fines 125.200.00 119,713.79 5,486.21 95620% AB939 000 0.00 0.00 0 000^k Federal Govt Grants 000 0.00 0.00 0000%. County of Riverside Grant 0.00 10.499.78 (10,499.78) 0000% State of California Grant 735,832.00 712,896.78 22,93522 96.880% Fire Services Credit 4.862,10000 3.166.610.47 1,695,489.53 65130% CVWD 16,800.00 0.00 16,800.00 0000% CSA152 Assessment 21000000 218545.71 (8545.71) 104070% TOTAL INTERGOVERNMENTAL 9,892,23200 6,327,850.95 3,564,381.05 63.97D°h INTEREST 4,852,90000 3,674.927.32 1,177,972.68 75.730% MISCELLANEOUS Miscellaneous Revenue 28,300.00 7.785.43 20,51457 27.510% Assm t Dist Surplus 0.00 5.538.28 (5,538.28) 0.000% Other Mitigation Measures 0.00 0.D0 000 0000% Litigation settlement 000 000 0.00 0000% Cash Over/(Short) 50.00 17.80 32.20 35 600% TOTAL MISCELLANEOUS 28,35000 13,341.51 15,ODB.49 47,060% TRANSFER IN 348,540 00 95,726.65 252 813.35 27 470% _ TOTAL GENERAL FUND 40,585,922 00 26,921,455 28 13,664.456.72 66.330% 0 GENERAL FUND EXPENDITURE SUMMARY BY DEPARTMENT 07/01/2007-0313112008 BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET GENERAL GOVERNMENT: LEGISLATIVE 974,64900 847,20788 000 327,44712 CITY MANAGER'S OFFICE 706,56900 618,352.89 0.00 88,21611 ECONOMIC DEVELOPMENT 2,389,067 00 1,898.02415 0.00 490,242 85 PERSONNEL/RISK MGT 1,722,232.00 1,133,5751 0.00 588,660.37 TOTAL GENERAL GOVERNMENT 92,5 0. 5 84, CITY CLERK 719723.00 482:78872 0.00 236,956.28 TOTAL CITY CLERK 23. 0 82, 0.0 ,9 6. COMMUNITY SERVICES PARKS& RECREATION ADMINISTRATION 1,290,54200 773,14224 0.00 517,399.76 SENIOR CENTER 445,11200 306,43596 0.00 138,676.04 PARKS & RECREATION PROGRAMS 228,041 00 159,279.86 0.00 68,761 14 LIBRARY 1,799,32800 695,52645 0.00 1,103,801.55 MUSEUM 297.20000 138,57619 9,78302 148,840.79 PARK MAINTENANCE 1,39817800 1,116,14213 000 281,335.97 TOTAL COMMUNITY SERVICES 0100 3, 9, 8302 2.256,T15.2 FINANCE FISCAL SERVICES 971,34800 781,782.27 0.00 209,56373 CENTRAL SERVICES 432,564 00 300 007.74 12,679 50 119,876.76 TOTAL FINANCE 1, 0 . 0 1,79 0 1 .50 3 .49 BUILDING & SAFETY: BUILDING BSAFETY -ADMIN 095 BUILDING 064,318.00 1,016,840.00 918,614.85 918,614.85 12,26000 33,12774 44220 CODECOMPLIANCECONTROL 1,387,908.00 000 288,41694 ANIMAL CONTROL 276.260.54 252,896.44 000 111,64746 FIRE 955,72400 4,955,72400 3,252,896.44 1,500.00 701,32756 1,701,32756 EMERGENCY SERVICES 137,35700 92,86756 0.00 44,48944 CIVIC CENTER BUILDING -OPERATIONS 1 248,997 00 1.029.576.61 35 17 219 385.02 TOTAL BUILDING & SAFETY 0, 2 13, 2, .36 POLICE: COMMUNITY DEVELOPMENT: POLICE SERVICES 10,221,691.00 4,683,023.44 50,638.99 5,488,028.57 TOTAL PUBLIC SAFETY 10, 4, 0,638. ,48 COMMUNITY DEVELOPMENT -ADMIN 1,664,980.00 570,989.00 000 1,093,99100 CURRENT PLANNING 1,037,79400 474,44470 0.00 563,34930 TOTAL COMMUNITY DEVELOPMENT 2, 4.0 4 0 000 1 667N6.30 PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 273,05385 DEVELOPMENT & TRAFFIC 345,36700 867,75871 250 4,230 50 MAINT/OPERATIONS- STREETS 2,514,907.00 514,346.22 1,348,667.15 29,23000 971.330.78 ,21220 MAINT/OPERATIONS- LTG/LANDSCAPING 1,969,37300 1,969,37300 1,348,66Z15 2,493.65 618,21220 61 MAINT/OPERATIONS - TRAFFIC 852,644.00 235,31168 000 617.332.32 CONSTRUCTION MANAGEMENT 1,381,922.00 1,121 635.96 0.00 260,286 04 TOTAL PUBLIC WORKS 2 .8 36,166.15 3,213,385.98 TRANSFERS OUT 1,599,533.00 673,850.63 000 1,025,68237 GENERAL FUND REIMBURSEMENTS (6,365,264.00) (3,705,690.01) 0.00 f2,659,573 99) NET GENERAL FUND EXPENDITURES 39,502,866 00 23,743,32416 123 063.78 _ 15,636 478.06 U(3 5 CITY OF LA OUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED LIBRARY: County of Riverside Contributions Interest TOTAL LIBRARY GAS TAX REVENUE: Section 2105 Section 2106 Section 2107 Section 2107 5 Traffic Congestion Relief Interest TOTAL GAS TAX FEDERAL ASSISTANCE REVENUE: CDBG Grant Interest TOTAL FEDERAL ASSISTANCE JAG GRANT Gram Revenue Interest TOTAL JAG GRANT SLESF(COPS)REVENUE: SLESF (Cops) Funding Interest TOTAL SLESF (COPS) INDIAN GAMING Gram revenue Interest 2,000,700.00 1,652,03600 348,664.00 82.570% 26,500.00 26,500.00 000 100 000% 45,000.00 8 016 54 36 983.46 17 810% 2 072 200 00 1,686 552 54 385,647.46 81 390% 243,000.00 183,293.86 59,706.14 75.430% 170,400.00 121,375.48 49,02452 71.230% 323,500.00 244,717.40 78,782.60 75650% 6,200.00 000 6,200.00 0.000% 0.00 000 0.00 0 000 % 13.100.00 2,546.93 10,553.07 19.440%_ 756,20000 551.933.67 204,265.33 72.990% 525,92100 328,08231 197,83869 62.380% 0.00 0.00 0.00 0 000% 525,92100 328,082.31 197,838.69 62380% 10,607.00 10,60700 0.00 100.000% 0,00 0.00 000 0.000% 10,607.00 10,60700 0.00 100.000% 100,000 00 100,000.00 0.00 100.000% 40000 1,86890 (1 46890) 467230% 100400.00 10186890 (1,46890) 101.461J% 177,25000 85,11965 92,130.35 480201% 13,500.00 5,587.83 7,912.17 41.390% 190,750.00 90,707.48 100,04252 47.550% LIGHTING 8 LANDSCAPING REVENUE: Assessment 916,500.00 486,454.15 430,045.85 53080% Developer 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0000% TOTAL LIGHTING & LANDSCAPING 916500.00 488454+15 430,045.85 53.080% RCTC RCTC Funding 2,292,807.00 86,55853 2,206,248.47 3.780% Transfer in 000 0.00 000 0.000% TOTAL RCTC DEVELOPMENT AGREEMENT FUND Mitigation Measures 0.00 000 0.00 0.000% Interest 0.00 0.00 0.00 0000% Transfer in 0.00 000 0.00 0 000% TOTAL DEV AGREEMENT 000 0.00 0.00 0,000% CRIME VIOLENT TASK FORCE Member Contributions - Carryover 49,900.00 30,63200 19,26800 61.390% Gram revenue -JAIB 42,50000 19,16653 23,33347 45100% CLET Line 6,100.00 5,732.23 367.77 93.970% Interest 500000 397431 1025.69 79490% TOTAL CRIME VIOLENT TASK FORCE 103 500.00 59 505.07 43,994 93 57.490 % AS 939 REVENUE: AS 939 Fees 0.00 110,899.99 (110,899.99) 0 000% Interest 165,700.00 41330.51 124369.49 24940% TOTAL QUIMBY QUIMBY REVENUE: Quimby Fees 1,016,000.00 299,326.25 716,67375 29.460% Donations 0.00 4,300.DD (4,30000) 0.000% Interest 422,000.00 286 580 58 135 418 42 67 910% TOTAL QUIMBY INFRASTRUCTURE REVENUE: Utility refund 0.00 0.00 000 0.000% Interest 12,000.00 10,46494 1,53506 87210% Transfer in 0.00 000 0.00 0 000% TOTAL INFRASTRUCTURE 12.000.00 10,46494 1,535.06 87210% SB 1266 SB7268 Grant 660,93700 660,51384 10.0000% Interest 0 00 4 251 38 1,38 (4 251.38) 0.000% TOTAL SB1268f6� U I 4 M CITY OF LA QUINTA REMAINING % ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET RECEIVED SOUTH COAST AIR QUALITY REVENUE: S C.AQ Contribution 47,70000 35,820.83 11,879.17 75.100% MSRC Funding 0.00 0.00 0 DO 0.000% Street Sweeping Grant 0.00 0.00 0.00 0.000% Interest a 200 00 6 594 64 2 60536 71.680% TOTAL SCAQ 56,900 00 42,415 47 14,484 63 74.540% TRANSPORTATION Developer fees 1,000,000.00 1,045,60927 (45,60927) 104.560% Interest 225,000.00 217.641.64 7,35836 96.730% Transfer in 0.00 000 000 0.000% TOTAL TRANSPORTATION 1,225,000.00 1,263.260.91 (38,250 91) 103 120% PARKS & RECREATION Developerfees 334.50000 357,638.00 (23.138.00) 106.920% Interest 000 0.00 0.00 0.ODD% Transfer in 0.00 0.00 0.00 0.000% TOTAL PARKS S RECREATION 334 500.00 357 638.00 (23,135 00) 106 920% CIVIC CENTER Developer fees 194,700.00 289,41475 (94,714.75) 148650% Interest 000 000 0.00 0.000% Transfer in 0.00 0.00 a00 0.000% TOTAL CIVIC CENTER 19470000 289414.75 (94.714.75) 148.650% Developerfees 133,D00.00 140,75600 (7,756.00) 105.830% Interest 0.00 000 000 0.000% Transfer in 0.00 0.00 0.00 0,000% TOTAL LIBRARY DEVELOPMENT 133,00000 140 756.00 (7,756.00) 105.830% COMMUNITY CENTER Developerfees Interest TOTAL COMMUNITY CENTER STREET FACILITY Developer fees Interest Transfer In TOTAL STREET FACILITY PARK FACILITY Developer fees Interest TOTAL PARK FACILITY 28,00000 26,587.00 1,413.00 94.950% 46 900 OD 30 992.17 15,907 83 66.080% 74,900.00 57,57917 17,32083 76.870% 44.100.00 37,305.21 6,79479 84 590% 11,20000 8,788.27 2,411.73 78.470% 28,886.00 0.00 28,886. 0.000% 84 186.00 48 093.48 38,092 52 54.750% 8,000.00 9,06300 (1,06300) 113290% 3,600.00 2,54154 1,058.46 70.600% 11 600.00 11 604.54 (4,54) 100 040% FIRE PROTECTION FACILITY Developer fees 27,00000 38,174.17 (11.174.17) 141.390% Interest 0.00 0.00 0.00 0.000% TOTAL FIRE PROTECTION FACILITY 2701)0.00 31117417 (11,174.17) 141.390% ARTS IN PUBLIC PLACES REVENUE: Arts in Public places 97,500 00 140,502.87 (43,002.87) 144.110 % Arts in Public Places Credits Applied 0.00 0.00 0.00 0.000% Interest 4000000 3017683 982317 75A40% TOTAL ARTS IN PUBLIC PLACES 137 500.00 170 679.70 (33.179.70) 124.130% INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 0.00 79D,550 45 (790,550.45) 0 000 % Transfer In O.DO 0.00 0.00 O.00OOA TOTAL INTEREST ALLOCATION 0.00 790550.45 (790,550,45) 0000°/a U(5 7 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 SB821-Bicycle Path Gram State of California APP Contibution Developer Agreement Funding Litigation Settlements Transfers in From Other Funds TOTAL CIP REVENUE 981,488.00 534,81818 446,669.82 54.490% 000 000 000 0000% 0.00 0.00 0.00 0.000% 10,251,067.00 40,00000 10,211,06700 0.390% 438,041.00 0 DO 438,041.00 0.000% 0.00 000 0.00 0.000% 0.00 0.00 0.00 0.000°A 0.00 0.00 000 0.000% 3,B17,152.00 2.958,928.00 858,224.00 77520% O.DO 000 0.00 0000% (31,49000) 000 (31,49000) 0000% 0.00 0.00 0.00 0.000% 701,582.00 107,379.00 594,20300 15310% 0.00 000 0.00 0.D00% 137,123,783 00 30 379 492.11 106 761290.89 22,150% 15328162300 34,020617.29 119,281,005.71 16VUtUlt EQUIPMENT REPLACEMENT FUND: Equipment Charges 590,883 DO 590,885.00 (2,00) 100.000% Capital Contribution 000 000 0.00 0,000% Sale of Fixed Asset 0.00 7,312.99 (7,312 99) 0.000% Insurance Recoveries 0.00 1,812.78 (1,812,78) 0.000% Interest 146,600.00 91,12296 55,47704 62160% Transfers In 0.00 000 0.00 0.000% TOTAL EQUIPMENT REPLACEMENT 73748300 691133.73 46,349.27 93,720% INFORMATION TECHNOLOGY FUND: Charges for services 525,026.00 525,026.00 000 100000% Capital Contribution 000 000 000 0000% Sale of Fixed Asset 000 000 0.00 0.000% Interest 35,00000 31,978.58 3,021.42 91.370% Transfers In 0.00 0.00 goo 0.000% TOTAL INFORMATION TECHNOLOGY 560026.00 557004.58 3,021.42 99.460% PARK EQUIPMENT & FACILITY Chargesforservices 391,190.00 391,19000 0.00 100000% Interest 39,10000 34,888.46 4.211.54 89.230% Capital Contributions 0.00 0.00 0 00 0000% TOTAL PARK EQUIPMENT & FAC 430,29000 426,078.46 4,211.54 99.020% SILVERROCK GOLF Green fees Range fees Resident Card Bob Hope Chrysler Classic Merchandise Food & Beverage Allocated Interest Income Transfers In TOTAL SILVERROCK GOLF SILVERROCK GOLF RESERVE Interest Transfers In TOTAL SILVERROCK GOLF LQ PUBLIC SAFETY OFFICER FUND Transfer In Interest TOTAL LQ PUBLIC SAFETY 3,161,211.00 2,797,55476 363,65624 88.500% 83,725.00 74,994.07 8,730.93 89.570% 15,000.00 21,94500 (6,94500) 146300% 50,00000 50,001.00 (1.00) 100.000°A 327,37000 302,241.52 25,128.48 92.320% 000 0.00 0.00 0.000% 0.00 0.00 0.00 0.D00% 000 000 000 0.000% 3.637,30600 3,246,736.35 390569.65 89.260°A 3,5DO.00 2,848.27 651.73 81.380% 71,44600 0.00 71,446.00 0 000% 74,94600 2 848.27 72,097.73 3.800% 2,00000 2,000.00 000 100.000% 600.00 49968 100.34 83 280% 2,600.00 2,499.66 100.34 96.140% 91 CITY OF LA QUINTA OTHER CITY FUNDS EXPENDITURE SUMMARY LIBRARY FUND PROJECT EXPENDITURES REIMBURSE GENERAL FUND TRANSFER OUT GAS TAX REIMBURSE GENERAL FUND TRANSFER OUT FEDERAL ASSISTANCE FUND TRANSFER OUT JAG GRANT TRANSFER OUT SLESF(COPS) TRANSFER OUT INDIAN GAMING FUND TRANSFER OUT 0710112007 - 03/31/2008 REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET 0.00 49200 000 (492.00) 2.096.529.00 771.211.13 000 1,325.317.87 TOTAL 575,271.00 479,39248 000 95,878.52 1,48900 ((39 977.50) 0 00 41,468 50 TOTAL GAS TAX FUND 57676D.-0r1d39a ;J4502- TOTAL FEDERAL ASSISTANCE FUND 525,92100 328,08231 0.00 197,83869 TOTAL JAG GRANT 10 607.00 10 607.00 000 000 TOTAL SLESF (COPS) FUND 100,400.00 0.00 0 00 100,400 00 2D1,14200 85, 119165 0.00 116022.35 TOTAL INDIAN GAMING FUND LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 916,500.00 763,750.00 0.00 152,750.00 TRANSFER OUT 0.00 0.00 0.00 000 TOTAL LTG/LANDSCAPING FUND RCTC TRANSFER OUT DEVELOPMENT AGREEMENT FUND CONSTRUCTION REIMBURSE GENERAL FUND TRANSFER OUT CRIME VIOLENT TASK FORCE OPERATING EXPENSES TRANSFER OUT AS 939 OPERATING EXPENSES TRANSFER OUT QUIMBY FUND: CONSTRUCTION TRANSFER OUT INFRASTRUCTURE FUND CONSTRUCTION REIMBURSE GENERAL FUND TRANSFER OUT SB 1266 TRANSFER OUT SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES TRANSFER OUT TRANSPORTATION PROGRAM COSTS CONTRIBUTION TRANSFER OUT PARKS & RECREATION INTEREST ON ADVANCE TRANSFER OUT CIVIC CENTER PROGRAM COSTS REIMBURSE GENERAL FUND TRANSFER OUT LIBRARY DEVELOPMENT PROGRAM COSTS INTEREST ON ADVANCE TRANSFER OUT 4,149,82600 86,558.53 0 4,063,28741 0.0 TOTAL RCTG 0.00 000 000 000 0.00 000 000 0.00 0.00 000 000 000 TOTAL DEV AGREEMENT FUND 000 57,10000 32,498.24 0.00 24,601.76 000 000 0.00 0.00 TOTAL CRIME VIOLENT TASK FORCE 238,50000 149.636.11 0.00 88,86389 000 000 0.00 000 TOTAL AS 938 32,000.00 32,00000 000 0.00 8,540,100.00 2.559.00 0.00 8,537.531.00 TOTAL QUIMBY 000 0.00 0.00 0.00 TOTAL SB 1266 FUND 660,93700 21,841.50 0.00 639,095.50 26,600.00 16,119.38 000 10,480.62 0.00 000 000 0.00 TOTAL SOUTH COAST AIR QUALITY TOTAL 100,000 00 TOTAL PARKS & 000 0.00 0.00 000 0.00 000 1313 000 7,190,026.8 {5.16 0.00 33,834 84 200.000.00 205,800.97 0.00 (5,80097) 202,764.00 166,970.00 000 33,79400 6,240,662.00 8 094,895.13 000 145,766 87 TOTAL CIVIC CENTER 000 000 000 0.00 80,000.00 73,162.66 0.00 6,837.34 0.00 0.00 000 0.00 TOTAL LIBRARY DEVELOPMENT 0(7 s CITY OF LA QUINTA 07/01/2007 - 03/31/2008 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET COMMUNITY CENTER 0.00 0.00 0.00 000 PROGRAM COSTS 000 000 0.00 0.00 TRANSFER OUT TOTAL COMMUNITY CENTER _ STREET FACILITY PROGRAM COSTS 0.00 000 0.00 0.00 TRANSFER OUT 385,825.00 45,496.57 000 340,32843 TOTAL STREET FACILITY _ PARK FACILITY PROGRAM COSTS 000 0.00 0.00 0.00 TRANSFER OUT 28,886.00 0.00 0.00 28,886.00 TOTAL PARK FACILITY _ FIRE PROTECTION INTEREST ON ADVANCE 35,000 00 35,472.27 0.00 (472.27) TRANSFER OUT 0.00 000 0.00 000 TOTAL FIRE PROTECTION DIF ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 30,000.00 10,741.00 0.00 19,25900 OPERATING EXPENSES-APP 3,20000 480.33 000 2,71967 ART PURCHASES 455,250.00 139,481.81 000 315.768.19 TRANSFER OUT 40000000 0.00 0.00 400,000.00 TOTAL ART IN PUBLIC PLACES CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 152,052,72400 33,619,330.89 104,725.42 118,328,667.69 PROJECT REIMBURSEMENTS TO GEN FUND 1,228,899 00 401,286.40 000 827,612.60 TRANSFER OUT 0.00 000 0.00 TOTAL CAPITAL IMPROVEMENT EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 1,000,132.00 302,70463 237,391.57 460,03580 TRANSFER OUT 912,074.00 912,074.00 000 0.00 TOTAL EQUIPMENT REPLACEMENT FUND INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 715,825.00 251,868.69 73.41 413,882 90 TOTAL INFORMATION TECHNOLOGY FUND PARK MAINTENANCE FACILITY OPERATING EXPENSES 40,00000 000 0.00 40,000.00 TRANSFER OUT 0.00 000 0.00 0.00 TOTAL PARK MAINTENANCE FAC SILVERROCK GOLF OPERATING EXPENSES 4,472,671.00 3,777.378.15 7,768 50 687,526.35 TRANSFER OUT 71 446.00 0.00 000 71,446 00 TOTAL SILVERROCK GOLF SILVERROCK GOLF RESERVE TRANSFER OUT 0.00 000 0.00 0.00 TOTAL SILVERROCK GOLF RESERVE LA QUINTA PUBLIC SAFETY CONTRIBUTIONS TOTAL LA QUINTA PUBLIC SAFETY 2,00000 000 0.00 2,00000 0- 17 3 10 �FCFAt OF COUNCIURDA MEETING DATE: June 17, 2008 AGENDA CATEGORY: ITEM TITLE: Approval of a Request for Proposals to Obtain Professional Architectural and Engineering Services for Fire Station 32 and Phase I of the Corporate Yard, Project No. 2008-03 BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Authorize staff to distribute a Request for Proposals (RFP) to obtain professional architectural and engineering services for Project No. 2008-03. FISCAL IMPLICATIONS: None with this action, except for the staff time spent in processing the RFP. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council recently approved a master plan for the City's maintenance yard which included building a new fire station closer to Avenue 52 for enhanced response times. The construction of a new fire station at Avenue 52 and Desert Club and Phase I of the corporate yard are contained in the Capital Improvement Plan (CIP) for Fiscal Year 2008-2009. The City Council's approval of this item will allow staff to seek the professional design services needed to move forward with the project. The proposed RFP to obtain professional design services is provided as Attachment 1. The Consultant Selection Process outlined within City Resolution 2003-026 shall be followed. In accordance with Resolution 96-80, the City Council is notified of the potential need to contract for professional services in excess of $10,000. The City Manager intends to appoint a Consultant Selection Committee consisting of the following members: - Tom Hartung, Building & Safety Director - Tim Jonasson, Public Works Director - Dorian Cooley, Battalion Chief - Nick Nickerson, NAI Consultants The City Council instead may wish to appoint the Selection Committee. If it chooses to do so, the Selection Committee will be subject to the Brown Act unless the Committee consists only of two Council members. Contingent upon City Council authorization to distribute the attached RFP on June 17, 2008, the following represents how the project is expected to proceed: Issue RFP Proposal Due Date Consultant Selection Process Recommendations to City Council FINDINGS AND ALTERNATIVES: June 18, 2008 July 21, 2008 Week of July 28, 2008 August 5, 2008 The alternatives available to the City Council include: 1. Authorize staff to distribute a Request for Proposals (RFP) to obtain professional architectural and engineering services for Project No. 2008-03; ; or 2. Authorize staff to distribute a Request for Proposals (RFP) to obtain professional architectural and engineering services for Project No. 2008-03 and appoint a Consultant Selection Committee; or Do not authorize staff to distribute a Request for Proposals to obtain professional architectural and engineering services for Project No. 2008-03; or 4. Provide staff with alternative direction. Respectfully bmitted, Tom Hartung Director of Building and Safety $r ed for subytr, 'Thomas P. Genovese, City Manager Attachment: Request for Proposal (RFP) UV� 2 Attachment 1 CITY OF LA QUINTA REQUEST FOR PROPOSALS DESIGN AND CONSTRUCTION PHASE SERVICES FOR THE CITY OF LA QUINTA FIRE STATION # 32 and PHASE I OF THE CORPORATE YARD General - The City of La Quinta requests proposals from qualified firms and/or individuals to plan and design an approximately 6,000 square foot fire station and Phase I of the corporate yard which includes modification of the existing fire station to temporarily house the administrative offices, site work, decant storage facility for street sweeping, bulk storage, covered parking, and possibly a photovoltaic system. The fire station must be designed to meet the needs established by the Riverside County Fire Department which will staff the station under contract with the City. The fire station must be designed so as to obtain a LEED Silver certification. A Master Plan for the site which includes design criteria for the project has been approved by the City. The selected consultant/project team members will require knowledge of fire station and corporate yard function and usage, and be able to maintain an excellent working relationship with the City. The consultant selected for this contract will concentrate on preparing architectural concept plans and construction documents for improvements as recommended by the City Council. In addition to the design plans, a menu of potential improvements with turnkey costs associated with each menu item will be presented. The consultant will prepare contract documents as needed to accommodate construction. The improvements will. be designed in accordance with City of La Quinta standards, California Code of Regulations, Title 24 and the General Plan. Services and products to be rendered in performing all work associated with the planning, design, and construction phases of the project will include, but are not limited to: field surveys, and base map preparation utility coordination to obtain clearances and possible rebates prepare up to three (3) preliminary conceptual architectural design plans (as needed) prepare a menu of improvements with turnkey costs for City Council consideration prepare final architectural design plan prepare site drainage improvement plans prepare rough and detailed grading plans prepare parking and vehicle access plans prepare and submit all required CEQA documents S ICITYMMSTAFF REPORTS ONLY\C1 STAFF REPORT FIRE DOC 3 prepare utility plans prepare PM 10 and SWMPP plans prepare topographical maps Prepare landscape and irrigation plans, including approval by other agencies. prepare offsite plans for traffic signal prepare contract documents, bid documents, and project specifications including, technical provisions, technical appendices, furniture, fixture and equipment plans and estimate prepare staff reports to the City Council through approval to advertise project for bids coordinate with City departments and outside agencies as required coordinate bid advertisement and performing bid phase support assist Building and Safety staff with construction contract negotiations provide architectural and engineering support during construction provide submittal review and RFI responses prepare as built plans at the completion of construction The City intends to award contract for the needed services associated with this project to one firm. A single Project Manager will be designated by the consulting firm who has the experience to lead the project through the planning, design, and construction phase. This individual shall become the day-to-day liaison with City representatives in moving the project through the City's planning and design departments. A pre -proposal meeting will be scheduled for June 30, 2008, at 10:00 a.m., at La Quinta City Hall in the Study Session Room, 78-495 Calle Tampico, La Quinta, California. Proposal packages (Work Proposals and Cost Proposals) are to be submitted in separate envelopes, clearly marked with the consultant's name, address and phone number. Work Proposals are to be submitted in an envelope marked "Work Proposals" and cost proposals are to be submitted in an envelope marked "Cost Proposal." Only one proposal per consultant will be considered. Work proposal packages are to be received by 5:00 p.m. Monday, July 21, 2008. Proposal packages are to be delivered to: Tom Hartung, Director City of La Quinta Building and Safety Department 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92253 (760) 777-7013 S \CRYMGR\STAFF REPORTS ONLY\CI STAFF REPORT FIRE DOC Uu2 4 Project Development Process Generally, the project development process will be as follows: 1. Staff Review A. Initial meeting between the consultant and staff to identify project design constraints and objectives. A. The Consultant prepares preliminary architectural design concept drawing and presents to staff for review and comment. B. Based on direction received from staff, consultant will revise preliminary concept plans. 2. City Council Review and Approval A. Staff approved preliminary concept plans will be submitted to the La Quinta City Council for review and comment. B. Based upon comments received from the La Quinta City Council, consultant will prepare final concept plans and resubmit the architectural design concept for City Council consideration for approval. 3. Final Design Phase A. The consultant will prepare plans, specification and estimates (PS&E) for approval by the City. The consultant will coordinate the filing of applications necessary for plan checks, permits and service connections. The consultant will be expected to keep the City fully informed of the progress throughout the project, including the preparation and updating of a project schedule. 4. Bidding Phase A. The consultant will be expected to provide assistance in preparing the necessary documents and coordination to advertise the project for receiving bids. Technical support during the bidding and award process will also be required. 5. Construction Phase A. The consultant will provide construction observation, submittal review, response to RFI's and attendance at weekly meetings of the construction team. Uu3 S'UTYMMSTAFF REPORTS ONLY\CI STAFF REPORT FR OOC 5 Proposal Format Consultants are encouraged to keep their proposals brief and relevant to the specific work required. Proposals shall include a minimum of the following items: 1. Work Proposal (Envelope 1) - Submit six (6) copies limited to a maximum of 20 pages. A. Cover Letter i. The name, address and phone number of the consultant's contact person for the remainder of the selection process. ii. Any qualifying statements or comments regarding the consultant's proposal, relevant to the information provided in the RFP or the proposed contract. iii. Identification of sub consultants and responsibilities B. Statement of Qualifications i. A listing of proposed project personnel, including personal experiences and resumes for prime and sub consultants. ii. Consultant's and sub consultant experience with similar work, including names and current phone numbers of references for listed projects. C. Project Understanding and Approach i. A description of the project team's understanding of the project, and how the Consultant's firm will approach project development. D. Scope of Work Program I. A description of the tasks, sub tasks, and specific deliverables that will be provided. E. Schedule Requirements i. Anticipated date for a Notice to Proceed is August 6, 2008. ii. The Planning Commission meets the 2nd and 4th Tuesday of every month. ii. The City Council meets the 1st and 3rd Tuesday of every month. iii. The project is budgeted to begin construction in Fiscal Year 2008- 2009. iii. A comprehensive CPM schedule is to be submitted describing the nature and scheduling of proposed tasks reflecting the Fiscal Year 2008-2009 construction date. The period required for each approval by the Commission and the City Council is estimated to require approximately 21 days and should be reflected in the proposed schedule. 0 0" 4 S MTY GMSTAFF REPORTS ON nCI STAFF REPORT FIRE D W 2. Cost Proposal (Envelope 2) A. The consultant is to submit a detailed cost proposal for all services and materials including the firm's direct and indirect rate (with overhead) and percent of profit anticipated in completing the project as outlined in the RFP. Man hours and extended billing rates per classification of personnel will be indicated for each task and/or sub task defined therein. The consultant shall determine a not -to -exceed allowance for reimbursables included within the cost proposal. Selection Process Work Programs will be reviewed by a Consultant Selection Committee. The Committee will rank the consultants for contract negotiations based upon the materials submitted in the Work Proposal. The Committee may choose to interview two or more closely -rated firms, but may not expect or schedule time for elaborate presentations by those consultants. Only after the ranking process is complete, will the cost proposal from the "top ranked" firm be opened. The City will open contract negotiations with the top -ranked firm. The successful consultant will be expected to enter into the City's Professional Services Agreement. The tentative schedule is as follows: Issue Requests for Proposals Pre -proposal meeting Proposal due Oral presentations Recommendation to City Council Start Project Anticipated Completion date June 18, 2008 June 30, 2008 July 21, 2008 Week of July 28, 2008 August 5, 2008 August 6, 2008 December 2009 Gus S TrNMGR\STAFF REPORTS ONL11C1 STAFF REPORT FIRE DOC 7 CITY OF LA QUINTA REQUEST FOR PROPOSALS FOR DESIGN AND CONSTRUCTION SERVICES FOR THE CITY OF LA QUINTA FIRE STATION 32 AND PHASE I OF THE CORPORATE YARD COST PROPOSAL SHEET The following is a summary of costs to provide the services outlined in the Request for Proposals for Design and Construction Services for the Fire Station and Phase I of the Corporate Yard and will be used as the basis for negotiating a Professional Services Agreement to provide these services. Attached herein is a detailed man hour and fee breakdown for the tasks and subtasks defined in our proposal. Prime Consultant Date Signed o0's U a •� v Y cFM OF'IFSQ'O�`' COUNCIL/RDA MEETING DATE: June 17, 2008 ITEM TITLE: Approval of the Declaration of Surplus Property RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: J STUDY SESSION: PUBLIC HEARING: Approve the Declaration of Surplus Property listed in Attachment 1 as surplus, and authorize staff to place a legal notice in The Desert Sun. In the event no bids are received for an item, the surplus equipment will be placed with an educational organization or discarded by legal means. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: Oren BACKGROUND AND OVERVIEW: The City has accumulated surplus, obsolete and non-functional property items over the last several years. The equipment has little or no market value. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Declaration of Surplus Property listed in Attachment 1 as surplus, and authorize staff to place a legal notice in The Desert Sun. In the event no bids are received for an item, the surplus equipment will be placed with an educational organization or discarded by legal means (does this include the possibility of auctioning the surplus items? No need to include in the report, just a question.); or 2. Do not approve the Declaration of Surplus Property listed in Attachment 1 as surplus, and do not authorize staff to place a legal notice in The Desert Sun; or 3. Provide staff with alternative direction. Respectfully submitted, John M. Falconer, Finance Director Approved for submission by: 1 Thomas P. Genovese, City Manager Attachment: 1. Declaration of Surplus Property ATTACHMENT 1 z G1 N E d L a r cn L J W d LL a+ 0-2 } a E VN V Y Y Y Y Y Y 2 Q 3 3 3 '' 9. O c Y 0 0 c c c c c 0 0 c O aLL o33 0, 0 0 0 0 0 0 M 00 cO OO�^ OD0)NNOoN co m^ Op LOm m U�M 0M Z OONomo 0LO LO CO astq*OmO OmnMzm w M p �co Q M�QOn LL a<n m m M}cnm O m m 7 N N F D D 2 D L L 1- ff C a o c 0 'c 0 0 'c 0 0 0) 0) N N N O) N 0 0 c 0 0 c 0 c o c c c c c c c v o c a` a` a` a` a` a` a` LU 4 U e U w J O p J Z 0 .V7 C FF-F U U U n d-tN C) c O mO N N m a p O `_ O a) d .0 0) " N qr� tG c0 d m n In n N W N N J N— J a p) a) J N lL i J J J W µ(. X 'c m c0 N cc m m N 0 Y 3 3 3 3 3 3 o a a a 0 w a a a 0619 V 0 Y 0 O 0 O 0 O 0 O 0 O O O O O O O O O O O O O O O > j O O O O O O U. Q Q m E Co U m � U N a LL LL O O N _ N d N L d' N N m n 3 m d = U Y N N N E a O. NCo 'O Y U N d _ !0 0 T+ m LL ° 3 U 0 yLa.+ U � m oo O ' tr- YM ++ mYm—a~aoC=m m O m c .O O 0.0 O m m O O 7 am a Y° N J O L L O m 0 3 m ~ LL m V O 0 O U v m (A 00 via r C _Z L Q c w J W d LL c V 0- r a CD H y � V 091 COUNCIL/RDA MEETING DATE: June 17, 2008 ITEM TITLE: Acceptance of On -Site Improvements Associated with Tract Map No. 29894-4, Hideaway, NO La Quinta Partners, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept on -site improvements associated with Tract Map No. 29894-4, Hideaway, ND La Quinta Partners, LLC and authorize staff to release performance security. Direct staff to release labor and materials security ninety (90) days after City Council acceptance of the improvements. FISCAL IMPLICATIONS: None. No public improvements will be accepted with this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 29894-4, Hideaway, NO La Quinta Partners, LLC, is located south of Avenue 52 and north of Avenue 54 between Jefferson Street and Madison Street (Attachment 1)• All obligations of the Subdivision Improvement Agreement and the Conditions of Approval for the on -site improvements have been satisfied. Attachment 2 indicates the amount of warranty security. 09Z FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Accept the on -site improvements associated with Tract Map No. 29894- 4, Hideaway, ND La Quinta Partners, LLC and authorize staff to release performance security. Direct staff to release labor and materials security ninety (90) days after City Council acceptance of the improvements; or 2. Do not accept the on -site improvements associated with Tract Map No. 29894-4, Hideaway, ND La Quinta Partners, LLC and do not authorize staff to release performance security. Direct staff to release labor and materials security ninety (90) days after City Council acceptance of the improvements; or 3. Provide staff with alternative direction. Respectfully submitted, 4ublic thy R. Jon sso , .E. Works Direct r ity Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Warranty Security Exhibit 093 ATTACHMENT 1 TM 29894-4 HIDEAWAY 111 PROJECT SITE TRACT No. 29894 ,,Z AVENUE 54 VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: June 17, 2008 ITEM TITLE: Acceptance of On -Site Improvements Associated with Tract Map No. 298944, Hideaway APPLICANT: Mr. Scott Birdwell, NO La Quinta Partners, LLC 0�4 ATTACHMENT 2 WARRANTY SECURITY TM 29894-4 Development Name: The Hideaway ON -SITE IMPROVEMENTS Performance Security' Improvement Descrition Labor & Materials2 Original Amount Proposed Reduction WARRANTY AMOUNT Drainage $145,500 $145,500 90% $14550 Street Improvements $264,543 $264,543 90% $26,454 Domestic Water $384,215 $384,215 90% $38 422 Sanitary Sewer $365,785 $365,785 90% $36,579 Dry Utilities $89,180 $89,180 90% $8,918 Monumentation $0 $27,500 100% $0 Standard 10% Contingency $124,900 $124,900 100% $0 Professional Fees, Design 10% $137,400 $140,200 100% $0 Professional Fees, Construction 10% No Plans Contingency 25% $137,400 $343,500 $140,200 $350,400 100% 100% $0 $0 Totals $1,992,423 2,032,423 $124,922 Performance Security shall be released immediately upon City Council acceptance 2 Labor & Materials Security to remain in place for 90 days after City Council acceptance of improvements. 3 WARRANTY SECURITY shall be received by the City prior to being placed on the agenda for City Council. GjS r I I COUNCIL/RDA MEETING DATE: June 17, 2008 ITEM TITLE: Acceptance of On -Site Improvements Associated with Tract Map No. 29894-3, Hideaway, NO La Quinta Partners, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept on -site improvements associated with Tract Map No. 29894-3, Hideaway, NO La Quinta Partners, LLC and authorize staff to release performance security. Direct staff to release labor and materials security ninety (90) days after City Council acceptance of the improvements. FISCAL IMPLICATIONS: None. No public improvements will be accepted with this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 29894-3, Hideaway, NO La Quinta Partners, LLC, is located south of Avenue 52 and north of Avenue 54 between Jefferson Street and Madison Street (Attachment 1). All obligations of the Subdivision Improvement Agreement and the Conditions of Approval for the on -site improvements have been satisfied. Attachment 2 indicates the amount of warranty security. 096 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the on -site improvements associated with Tract Map No. 29894- 3, Hideaway, ND La Quinta Partners, LLC and authorize staff to release performance security. Direct staff to release labor and materials security ninety (90) days after City Council acceptance of the improvements; or 2. Do not accept the on -site improvements associated with Tract Map No. 29894-3, Hideaway, ND La Quinta Partners, LLC and do not authorize staff to release performance security. Direct staff to release labor and materials security ninety (90) days after City Council acceptance of the improvements; or 3. Provide staff with alternative direction. Respectfully submitted, T othy R. Jo as P.E. ublic Works ire or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Warranty Security Exhibit 097 ATTACHMENT 1 TM 29894-3 HIDEAWAY PROJECT SITE ]MV777711 VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: June 17, 2008 ITEM TITLE: Acceptance of On -Site Improvements Associated with Tract Map No. 29894-3, Hideaway APPLICANT: Mr. Scott Birdwell, ND La Quinta Partners, LLC 033 ATTACHMENT 2 WARRANTY SECURITY TM 29894-3 Development Name: The Hideaway ON -SITE IMPROVEMENTS Performance Security' Improvement Descrition Labor & Materials2 Original Amount Proposed Reduction WARRANTY AMOUNT Drainage $201,470 $201,470 90% $20,147 Street Improvements $257,181 $257,181 90% $25,718 Domestic Water $533,395 $533,395 90% $53,340 Sanitary Sewer $190,734 $190,734 90% $19,073 Dry Utilities $128,322 $128,322 90% $12,832 Monumentation $0 $23,000 100% $0 Standard 10% Contingency $131,100 $131,100 100% $0 Professional Fees, Design 10% $144,200 $146,500 100% $0 Professional Fees, Construction 10% No Plans Contingency 25% $144,200 $360,600 $146,500 $366,300 100% 100% $0 $0 Totals $2,091,202 $2,124,502 -- 131,1 00 ' Performance Security shall be released immediately upon City Council acceptance 2 Labor & Materials Security to remain in place for 90 days after City Council acceptance of improvements. 3 WARRANTY SECURITY shall be received by the City prior to being placed on the agenda for City Council. O A COUNCIL/RDA MEETING DATE: June 17, 2008 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 33597, Malaga, R.T. Hughes Co., LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement (SIA) for Tract Map No. 33597, Malaga, R.T. Hughes Co., LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 33597 is located south of Avenue 60 and west of Madison Street (Attachment 1). This residential development will consist of 57 lots on approximately 21.28 acres (Attachment 2). On July 5, 2005, the City Council approved Tentative Tract Map No. 33597. On January 14, 2008, the Planning Director granted the first time extension. The developer has requested the City Council's conditional approval of the Final Map which will allow thirty (30) days for completion of its processing. To date, the Subdivision Improvement Agreement (Attachment 3) has been executed by the developer but the associated securities have not yet been received. The Final Map is technically correct and is being routed for signatures. It is expected that the associated securities and all signatures will be in place within the time allowed for its conditional approval. At this time, an onsite irrigation pipeline relocation and quitclaim (see Attachment 2 sheets 2 & 5) have not been completed. The approval by the Bureau of Reclamation is still pending. The developers engineer has informed the City that no construction will occur at this easement until the pipeline has been relocated. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt within 30 days (July 17, 2008), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk), associated securities, and the Certificate of Authority for bonds. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 33597, Malaga, R.T. Hughes Co., LLC; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 33597, Malaga, R.T. Hughes Co., LLC; or 3. Provide staff with alternative direction. Respectfully submitted, T othy R. Jo as o , P.E. Public Works Director/ City Engineer 101 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement ;a 2 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP SUBDIVISION IMPROVEMENT AGREEMENT APPROVAL OF TRACT MAP NO. 33597, R.T. HUGHES CO., LLC, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. 103 Resolution No. 2008- Tract Map No. 33597, Malaga Adopted: April 1, 2008 Page 2 of 3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Tract Map 33597 is conditionally approved provided the subdivider submits all required items on or before July 17. 2008. Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative tract map, the Subdivision Map Act, and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement. B. Finalize the final Tract Map and obtain all necessary signatures. C. Provide a Certified Copy of the Certificate of Authority for the bonds. D. Pay the required Quimby Fees Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on July 17, 2008. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 17th day of June, 2008, by the following vote to wit: AYES: NOES: iO4 Resolution No. 2008- Tract Map No. 33597, Malaga Adopted: April 1, 2008 Page 3 of 3 R19*1141 ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, CITY CLERK City of La Quinta, California (City Sea]) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California .L05 ATTACHMENT 1 338iS NO I&NH 0 J O O (0 m w w z w w w Z 0 Q Q O Q w Q W J U N 133211S 302INON o Z~ 0 z Q V 133US NOSIGVn w I rn V) Lf) F O Q Q d F- lU0 ATTACHMENT 2 K THE CITY OF EA CLANTA COUNTY OF WYERSIOE, STAGE OF CWFOIOIM TRACT NO. 33597 BEING A SUEgVI510N OF A PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTEB OF SEM N 33, TOMPOW 6 SOUTH, RANGE 7 EAST. SAN BERNA MNO BASE AND MERIDIAN, MOS CONSULTING NUVEMBER, 2007 WL HEREBY STAR THAT WE ARE ME OWNERS OF WE MD NCIUOEO MWIN ME SVBOVESOI SHOWN PLUM: UNITWE IRE ME ONLY PERSMI AWSE MRSENT IS NI TO PASS A CIEA ME TO SVD .0. HINT WE 6NSFM i0 WE NN(IDO AND RECORDING OE M15 SLBOMSION AS SHOWN WHIM ME 0511XCIIYE MMXOI LINE K III DEDICATE TO ME CITY OF IA pWNTA LUM M AND N (MFNVE 60) AND LOT 0 (MAMUNN SUER) FOR STREET AND UIIIIIY PURPOSES AS SHON PULON AS A CMDOM OF DMCMM OF AVENUE W .0 MANSON STREET -1 OWNERS OF LOTS D. E, F AND L ABUEBNG TI15 HIGMYAY AND WRING SUCH PINE WILL INK NO HUNTS CE ACCESS EXCEPT IM GENERA_ MOMENT OF TRAMPS, AND CHANGE CE ALIGNMENT ON WIDTH THAT RESULTS IN ME VACMLN THEREOF SWIM TE.E IS CWDUOM GF ACCESS WE NEXEBf DEDUATE TO ME Cltt OF IA QUIMA AN MUM M FOR PUBLIC UTILITIES AND FOR INORE55 NID EGRESS GF SUMCE AND EMERGENCY VEHICLES MR AROSE ANE S OESMATED AS LOTS A MOWN C NCWSNU MSIpNTEO AS'PRNATE S REEL THESE ARM ARE BUMMED AS PRIVATE STREETS. AND FOR pWWtE PURPOSES FOR MRSELMES, ASSIMPE1. AND LOT OWNERS MMIN MM WE HEREBY DEDCAR TO ME CUSP OF U WIMA PUBW MEDIY MUMS AS INOWN HEREON WE HEREBY DEDICATE TO ME Cltt Of IA WIMA AN MUM M FOR OPEN SPAR. AND SIDEBAIN PUADYS WET L03 D. E F AND L WE HEREBY CREA FOR "CATCH TO WE COACHELA, VALLEY WATER DISTRICT, AN EASEMENT MR COVESNC WATER AND SANITATION PURPOSES WER LOTS A THROUGH C INCEUSNE, DESIGNATED AS 'PRVATE STREET. ME EASEMENTS M RDII INCLUDE ME RIGHT TO ENTER UPON SAN TWOS. TO SURICY, CONSTRUCT, RECONSTRUCT, LAY, RELAY MMI OPERATE. CONTROL USC -0 N REMOVE NOPCrh S. FIXIIM3 AND APPURTENANCES. AND TO REMOK OBJECTS INTERFERING WEAN ME COMSIRUCIMM AND IYLNTENARR THEREOF WE HEREBY OTTER FOR OPOCATION TO ME WPERNL NBICAMAN DISTRICT. AN EASEMENT (MB LOTS A EMMUCH C MCLUSNE, DESIGNATED AS *NRNATE SMEEY AND MR ALL %INANE ACCESS MUMS UNLESS OMERNTSE SHOWN EX ON THIS WW FOR ME EAVADIXR, LAYING. CONSTRUCTION, INSFAUMON, MANIEXAMME. CFENMMN. NSUMFONREPAIR, REPLACEMENT. AND RppVA OF ELECURM LINES. WW6, CABLES. MM, SUPPCMi TOMBIES, FACIMES AMID APPURTENANCES. MIT ME RIGHT OF IMOREM AND EGRESS OVER AND WITHIN WE FOR MNNTIXNICE, OPERATION AND EMERGENCY KHICLES WE PETER RESUME IO15 0 THROWN L FOR OPEN SPACE. VN ICAPMG, WALLS. MANDUMCE. RECREATIONAL MUMMY PURPOSES FOR ME SIX SPNEEU OF OURSRMES. Wfl SUMMONS AID ASSQIEES AND LOT OWNERS MINN MI5 TRACT. RT. IIOO CQ, LLC, A UNITED LIABILITY COIPMIY STATE OF CALIFORNIA) B. CWIYC ) ON 2M , BEFORE APPEARED ,Mp FYROKO TO ME ON ME BASIS OF Y.DSEACTOM FNDENCE TD BE ME PEISDR�S) WHOSE HANUS) IS/ARE SUBSCMBD TO ME MMW MSTRIIMENL AAD ACAND C D TO ME THAT NE/SHE/THEY EXECUTED THE SAME IN NS/HER/MEM AUTHORED CAPACUY(IES) AND MAT BY NS/HEA/IHEIB SYJIAUARS) ON ME INSTRUMENT, THE PERSON(5), OR THE ENTM UPON BEHALF Of MACH ME PEHSON(S) ACTED. ERCLTM ME NSMUMEM 1 COUNT, CRI KE N M FULTERY UNDER ME LAWS Of THE STAE OF CNJfdXM THAT ME FMECONG PARMRWI 6 METE AND CORRECT WDNE55 MY HARD AND CAME. SM . SONATURE BENEFICIARY STERLING YANG$ BANK, A WASHINGTON CHARTERED SA.. MINE SENEMWLY UNDER DEED OF MUST RECGRRD FEBRI4M 14. 2007, INSTRUMENT NO 2007-0105593, OF CPFICW RECORDS NOTM! ACKNORIIDMENT STATE OF CAUMONW) SS. MUM OF ON 2W_. BEFORE MI APPEARED ,WHO PROVE➢ TO ME ON ME MSUS OF ATISTACTOM ENDENCE TO BE ME PERSONS) MUSE NW f(5) MIME SUBSCRIBED TO ME WITHIN WSIRBMEM AND IGNNOMEMED TO ME UMT AND UNITMBx�NU/TWR SCNCANMRE(5� ON ME INSTRUMENT. AUTHORIZED S). OR THE ERMY UPON BEHALF OF MIDH ME PE0.MH(5) ACTIN, EXECUTED ME INSTRUMENT I RRIIFY UNDER FONEW OF PERJURY UNDER THE LAWS OF ME STATE OF CAIFCRNA THAT THE RNRoNG PARAGRAPH IS METE AND CORRECT WITNESS MY NAND AND OFFICIAL SEAL. SIDNMRE 9MATURE OMISSIONS: ME SMAATUWE(5) OF THE PARTIES IJSRO BELOW, OWNERSU CF MUMS MS PER W WMEMS H HOUR BELOW HAVE BEEN OMITTED UNDER ME PRDASMNS CF SECTION 66A38 OF THE SIIDCM9D1 RM ACM, THEM INTEREST IS SH TART T MNOT RPEN INTO A FEE TUNE AND SAE, SIGNATURES ARE MN ROUBLE) BY ME DIMMING B50Y. AN MUM M GRADED TO MIE MANNED STATES OF PMORA TO REMOVE NTERERN6 OBJECTS, SLUR Y FOR, WNSIRUCT. RECONSTRUCT. UY, RELAY. OPERATE, MNMNN AND REMOVE A7 ANY TIR A WATER PIPE TINE RMOROE➢ OCIOBER 31. MAR, INSTRUMENT NO 351C. OF DR. RECRDS OF MWERSUCE CWNIY AN EASEMENT RESERVED RT RAYMONO I. LIWpNST ME EW S JHDOU51, HIS MR FOR PUBIC ROAD PURPOSES RECORDED MMPI 29, 1963. INSTRUMENT NO 31289. BANK 3356. PACE 274. OF OPTICAL RECORDS OF RIKRSEE COUI STANIEY C. MORSE LS. JIM SHEET T OF 6 SHEETS IECOROE'S STATEMENT RED THI MAY OF . 200_ AT — M IN MOK—OF MIMS. AT PALE AT THE REQUEST OF THE CRY CIfRK OF WE CUT OF LA OUINTA RE LARRY W WARD. Mum ASSESSOR - CLEW - RECORDER BY DffV SUBomSNx WARMNEE ST RI NADONK DRIB INSURANCE COMPANY SURVEYOR'S STATEMENT THIS MA° WAS PREPARED BY ME OR UNDER MY OIRECRCN WHO 5 BASED UPON A FRED SUFOEY M CONFORMANCE MLN ME REQUIREMENTS Of WESUBCNSION MAR ILi AND LOLLL ORDINANCE AL ME REQUEST OF RT HUGHES W, LB IN NW'JXSER, 20U7 1 HEREBY STATE MAT Al MONUMENTS ME OF ME CHARACTER AND OCCUPY ME POSTURS R9IGTED, M MAT THEY MU BE SET IN SUCH PO SUMS WIMM ONE YEAR OF REWRDATON. AND THAT SAID MONUMENTS MBE SUFFICIENT TO ENABLE ME SUBLET TO BE RETNAI I IEREBT STATE THAT M5 THA MA° SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED RMATME MW NO MR . 20Q_ usAS3,f C h sj 7STANLEY C WJRSE LS 36 EEXP 6/30/08 ±' �'AyM. M iDD 1; CITY SURVEYOR'S STATEMENT I HEREBY STATE THAT I NAVE fXANINM ME MTNN NM OF TRACT NO 33597 CONSISTING OF SIX (6) SHEETS AND I AM SMSf1ED THAT SAID W➢ 6 TECHNICALLY CORRECT MR 200_ ERIC A NELSON P LS 3353 UP 9/30/09 ACTING CUY SURVEYOR CITY ENMNEEWS STATEMENT I HENRY $HATE THAT I MOE EXAMINED ME MTHN AXNERO WP OF TRACT NO 33597 COMMUNE OF SIX IS) SHEETS IMT 111E SXSp ON SHOWN NEREW M SURSTAMNLLY ME SAME AS R APPEARED ERR ME TEMATIK MW MO ANY MPR%TB ALMNATMI THEEEOF, THAT AL PRONSIWS OF THE SUBOrvLtlIXI MAP ACT AND MT LOLL ORDINANCES MP ICIBLE AT THE TIME OF ARPRMA OF THE RMATNE MA° MK BEEN CONNED IN DATE 2W_ FROMY R. JOMSSON, R C E NO A58A3 EXP 12/31/08 RUBUC MNKS gKUM/. ENGINEER, CITY OF U WMA ARY CLERKS STATEMENT L VERONICA J. STATEMENT 01 CIFRK CORD 0(-OFFICIO CLERK OE ME Cltt COUNSEL OF ME Cltt OF LA WINTA CAMBINN HEREBY STALE THAT SAID CITYWUNCIL AT R RECLEAN MERNG HELD ON ME _ MY OF . 200_, APPI ME WUNIN WP OF TRACT WP NO 33597, ANO ACCEPRO ME CEWCAWN OE LOTS M AND H (AVENUE RE) .WO LOT 0 (RANSON SHEET) FOR PLUM STREET AND ULTIIJIY PURPOSES SUBJECT TO IMPRDVERENS, AND KCEFTEM THE AJ IIENS RMU15 CF ACCESS, ME DEDGDON OF EASEMENTS FOR IXEUC UT0J I THE RI TB INGNES$ MD EGRESS OF IFNIICE AND EMERGENCY KHICUB MR LOTS A THROWN C NNXI AND ME EASEMENT FOR WEN SPACE. SIDERNN. AND PUBW MLNY PURPOSES AS SHOWN HEREON VERONICA J M INTEGNO OILY CLERK AND EX-CFFXOO CU]M OF ME Cl COUWIL Cltt OF U WIMA CERTIFICATE OF /CCFPTNILE H HEREBY CERTIFY THAT HARDER ME AUTHORITY OPIMEO TO ME BY ME BARD OF @RECi01b OF ME IWERVL IRRIMTW )SDECT PER RES0.NPJN NO 15-90. MTTD ANNI 22. 1990 1MT I ACCEPT ON SENATE U OF SAD UM, DS SWCESSOPS DR MORRIS, ME OU LAORM OF EASEMENTS FOR ELECTRICAL POWER FACILITIES AS OFFERED. HEREIN MILE, BY. JW a"I" NWAGER REAL ESTATE UNIT INKRAL NR"7M DISTRICT CERTIFICATE OF ACCEPTANCE I HEREBY COUNTY TART UNDER AUTUM I. GRANTED TO K BY PROEMW NO 75-3M. CARDSFPIEMBER 12. 1970. 1 ACCEPT ON BEY OF ME COACHELU VPLI£Y WATER OPUBUT ME OE➢IM7KKR OF EASEMENTS FOR DOMESM WATER AND SANRATION PURPOSES AS UTTERED NM`W` JUM MRWNCQ, SEIC, ELAtt CBACHau VALET WATER DISTRICT TAX COLLECTORS CERIVI I NEREHY CERTIFY THAT AMORDNG TO ME RECORDS OF TNIS OFFICE. AS Cf MIS DATE. WERE ME NO IJENS AGMST ME PCOPERTY SHOWN ON ME WITHIN WP FOR UNPAO STATE. COUNTY. MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENS COLLECTED AS TAXES. EXCEPT TAXES ON SPECIAL 0.55ESSAEMS EL IED AS TUB NOW A UEN, BUT NOT YU PAYARIE, MACH ARE ESTIMATED TO RE E PAVE MCWNNELL DATE COUNTY To CDEEMO R TAX BOND CERRFlCAGE I HEREBY CERTIFY THAT A BOND M THE SUM OF S NAS BEEN EXECUIEB AND ERiD WIN THE BWAO OF SUPEIMSOPS OT ME COUNTY OF WVERSIDE CM)MI COMMUNED UPON ME PAMEM OF ALL TAXES, STAR, CWNTY. MUNICWAL OH LOLL AND ILL SPECIAL ASSESSMENTS COLLECTED AS TAXES, WHICH AT ME TIME OF TREND OF M5 WP WIR ME WHATY RECORDER ARE A LIEN AGMSF SAID PROPERTY BUT NOT YET PAYABLE AND SAID RUN] PAS; BEEN DULY ARPROYED w SCAB SOAND UP SUPERJISORS DATE CASH TAX BOND NEL WWCR RWFAO PAIL Mc0ANXIXELL CI£XK Of ME BARD OF SUPWVIWRS COVNf! TAX COLLECTOR CEFIJIY BY. 107 Co' g� a 6 P W x vIv59' W 465811• SM S I]t9]5' �— s�s'ixss coi / I sel m'�swnl :u a - N s ®yam �Y6v/ / mWY � b�\` � U► U N � Ip O q� q 3yp g' 1 i C 1 bl�.�. I i H B9'N'4SE Y65' f — I— ma 9 ip TRACT NO, 30023-1 Me. 320/67-102 N/ / e / N �_ a m _. E O• � m3mP"ssw PREN ggSrs o� A �9k5w qoi u�m�KgN A\ 84- 1U� SEF nEEf 1 EZF 519AE1'09'S IN THE COY OF U OUMA COIINII' OF 9NE0.510L STATE OF CAUFOIOlIA SHEET J OF 6 SHEETS We TRACT NO. 33597 I A 9UBOMSWN Oi A PoRIgN OF 1NE N"-14 F OIYRHE9 OF TNT N09066F 0111N1E9 sizPfD/: f aF SECTION 36, T09TEKP 6 WO WNGE 7 FASI, SNI BFI9V90N0 966E !ND YEN016p. 6Ea a r 6v. rzcm •xa z6wr rtA rrxr 9TAKEY C. HORSE E.S. 6610 uo mzr-x, we xs/ N06 OOHSIATRIO NOYELIBER. 2007 a-Im. Xc w NE M sm v C/L AVENUE 50 N 29 27 st LOT M fim 6c - — x ev]I'a_6 zuzw _ — - — - --'a - 34 x w%Itz xtElio /- -_---- I--0 nlai rNaE IMIE oNIN na[ EASEMENTS n' �I b „ I Ho a11.1 nA'Il5 IfNLIN M BrJNA1G Mlmm YALLL COYPANIA 1 snmov z6.w ]nw s usv]In. s eoov Ip-us[uzrn ro cvro sml wu[src I ro, xxrm Nm s 41. nNsoscs w 1 6n6EE Gino xwst NSv z m ro mE rnr a u alxrN rm weuc tS ] 6PIW 24W Mw' Nllry PXPNYS. NAf4 W EG z � I 6 9Y'Ni 116 •A' A IB' a 3kN£ NO [IGYFNLY YLN]B. I Fy. O- NpfAR51110 L0 fU]r F/SF1EXr fCfl 3 S P �a Qh NAIIC Mlr! 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MORSE LS. 3640 LOT M am C(L AVENUE 69 f-AVENUE 90 .a-- Exxa_L—_— - w,, �- �' w- °f —`'- 119J; aln la J x BY31' _ xnJIM' M]15'p 1 -1�' lew 34 An Z ��ia eS -6 ^I ID10 57 \"q, le .¢ed xeroe lrx xpa I: a: tr® >$k y u N eb°O(+o- y.> /\ 2 37 DMDWM LOT i \ 3 53 29 °b\ + a 39 \ n\ W 52 40 29 \ \(0 ,yam P'6 d9 51 50 P v .y. 25 \yr 0. o. b/✓�>� 43 14�9 Z <y .o + \ Off' �).. °•I\ ` p' \ ey�;r a x 24 44 \ LOT J aN7 2. \ \\ 23 45 EASEMBOS p- tA4YLX1 ro cvxa ma waaslc °" °pd� a x 22 \(y 11AlFx N9 SW1.11NNI 0.WUxf5 NIO b° ro alc arc a u Yummx Iw rsx\ � 0. � \ unm nwom. YMFa4 uw Ea¢s \ ° \ rc mma n° mmlcr vvoa[s l/ °v> a ❑j _ xaYLllfi A 10 W Mt fM1LEYfIR ifR r 21 \ \/ \ 0.Bl[ NIIIIY NM9xES RGGtfO IU (� \° �> \ 46 ylpyl f1pL/,11[N g510.C1 I \\ Po. \ F \ py _ xlpl'AI¢ A low vwr EAvufxx rax `e >� py&Y IIIEIIY WNJ56 rhgl'AIFD N pb 2 \ \ ` \ Ilff Prt R U wMIA �' y 2_a vmiurts A ww moI smv ctsEatm aw \ °'�( � wxsvuxs ro rlc eYaml a afcwxrav � o ° \ Y.f sat xe IxiMwsaws t wwar xlsa uu' °bd°' +� 9 19 \ x wa' low xx' 3 15N'!J xBw 1x 61' 1 IN.- -- — $ E 1'.40' SHEET 5 OF 6 SHEETS SEE SHOT 2 FEN AN6E1pR W THE OTT OF IA OUVRA COUNTY OF RNERSIOE. STATE OF Oii01NM N�PM OF GEPRINZ TRACT NO. 33597 BEtt1G A wBOMSg1I OF PORTION OF THE NORTHEAST OVNOFR OF iNE NOffMFAST DUNNEROF a3x SECTION 33, TOINSHIP 6 SOWH, ROM 7 EAn, SIN BEAWRINO aW AID MMT MN.Y 9x n.3r NOS CONSULTING NOJEMWE 2007 STA6F.Y C. MORSE LS 3W t §W31V( ( .w IOW'�F "W W I' IV6Y MPws6Y r eLLC.' 31 xo IEi / S W31'W Y OYa' Tzar AVwo ENUE 660� CA AVENUE 60 r— ` 6r11'3rY Igorst R � I I •_ e 32 SME r.40 34 EJ C \------------------- `CA AVENUE 60 w n N W31'01' F 9 AWIIFPIY Ww Ci .WE W (W' Wif YUM) 55' SECUON 33 T. 6 S., R. 7 E, S.B.M. a R a \ , M\� a N vw I a[r. 157 B� TRACT N0. 33597 \\ hR11CN ]a HP x61 W 351D.OP \ I J tlp I \ I I W FASF]0rt mP 6urtx rofIHE RNP0.45 ovAam ID IK wrto su]6s ai ex6wa � a� I 31�. 19NW R'M6 pPxTRSEECO. N BE DNICIMIW. MFfl PWEIMF DETAAIILL 'fi I DET 46, L— — — — — — — — — — — — — — — — — — — J 57 a� \ 36 Y °4 x �' ^ 4 37 / 56 55 5{ 38 39 28 27 26 �f NY/�1 )O A. 1m. /24 awx1T1t �0 EASEMENTS p- E6x61EM To turn boa Dox MIW W YNlAi PLP l IND W Mf d1Y of a Am PW Ml)fl AWGSFS NX4 x19 EfAf55 a sEP61re uo Ellmmlcr w6cUs p- 6CfA16 6 1ow iWI a4Jn11I iPl R91C ulEm NhN]5fS OFW'A3FD W 11NW1 fNGE3M nY1PILT p- YMU3f5.1 IOW FWI GSEIFIII !W . DI613!�.W Ia. TIEmwuWWA T �- pGa3L5 A ]D W iOJT SIF.W dSOMD (M COMmuICE mllE alLu Ci rcClu lm s �11 SEE BEET 1 TER SIETEIOBS 91 'THE CBY OF LA cUNNN a MIY OF NhF. DE, STATE OF GWFU M SHEET B OF 6 SHEETS ' oMWMSOF TIMM TRACT NO. 33597 THE aNO B°FE� F�osCOIT�.,GE 7FwBWo ASEW NOS mmsamm NOYDIBM N07 wmav C. mom L& no 21 e' : rP' . ladles' I� 2510 47 20 1f & ` ```tf.°� ry 9 9 � I j SITE 6NEET W. 3 9' a Of ITT x b N $ a 19 b.+'\ (�� N'o. � I3$ xeasexN uT '9•T� 18 " k'4�xd P°`)y yya. ss'b I � Ik'" LOT J 0. / 12 17 ie7�� I. , ^1 �i �Aw OD y lfis' NKS'd6' I)W LOT M tin M & ONmW st a .a,IYq 33 W' 3 �� ti x ea'se'1cw ! e.2 14 d aM \ �§a EdSN� �eaP Si n c� FA41F16S 6 R 15 I' E- IMEIIEMmcvvo mN WMsrc \ e Iz WHEN N9 WA" i1.PWA5 IIN N j ro Ixc Wr a u gININ caw Nbuc \ g, Mun nraoscs, xMEss nO mass p SEfiYi MO FNEFIXNLT N411.1fS b uGGIFS I. IU W =I EASEIENI FM `1z vueuc MEY nao;Es PEmrx3Ee TO I E Qj - IIQAR$ w IP W iMi (AW1EM iM (y_ °,�S mow` N.@IC UMY RMYE56 LfKAiq 10 /'i0. �. W IIF Mr o< u ouxcN °� � I J. M r Af 1 Ib ttllw WtUS IEXLrx \ 1+ I TIPSILY N59 lN' \ ' 2 14]x'35' 615Y 2963' J 91'2l'U' Nee' .w el' scuE f-wO t% e )f M. LOT '1 5 MW'4, N`A' 30.L• \ n117IG \ I c le' sa '2� 2ar d IL ATTACHMENT 3 CITY OF LA QU[NTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO.33597 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 by and between R.T. HUGHES CO., LLC, A LIMITED LIABILITY COMPANY hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 33597 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third Gass of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. 1d �13 B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that It would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty 2e7 1 �- security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). - 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty 3of7 - r ilJ security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 6. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, at sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 4 f7 ll0 Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: Cityof La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager ATTEST: Clerk Developer: R.T. Hughes Co., LLC 74-900 Avenue 47; Suite 200 kdiaR Walla CA 9?253 Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date Date cm7 11� Exhibit A SECURITY — TRACT MAP NO.33597 ON -SITE IMPROVEMENTS Improvements designated as 'Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the Tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required Tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Rough Grading/PM101SWPPP Street Storm Drain Domestic Water Sewer Dry Utilities Basin Landscaping Relocation of Irrigation Line Monumentation Totals Standard 10% Contingency Total Construction Cost Professional Fees, Design 10% Professional Fees, Const 10% Bond Amount $ 477,060 $ $ 355,164 $ $ 452,415 $ $ 172,950 $ $ 255,840 $ $ 142,500 $ $ 338,000 $ $ 798,841 $ $ 25,000 $ $ 3,017,770 $ 301,777 $ 3,319,547 $ 331,955 $ 331,955 $ 3,983,466 State of California ) County of Riverside ) On June 5, 2008 before me, K. Larbv , Notary Public (here insert name and title of the officer), personally appeared Richard Hughes 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. I 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 icial seal. Signature (Seal) K. LARBY Commisslon # 1553033 b -d NotaryPublic - Callromla t Rlverskle County My Comm. F.)plres Feb 17,2004 (notary.wpd)(12-07) 'L20 CITY of LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO.33597 OFFSITEIMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of 20 by and between R.T. HUGHES CO., LLC, A LIMITED LIABILITY COMPANY hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 33597 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specked in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty eon 1G2 security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security fumished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty 307 i 2 3 security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quints Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager Date ATTEST: City Clerk Developer: R.T. Hughes Co., LLC 74-900 Avenue 47; Suite 200 k1diaR WWls, CA 92253 By: Title: Reviewed and Approved: City Engineer Date Approved as to Form: City Attorney Date Date Date Exhibit A SECURITY — TRACT MAP NO.33597 OFF -SITE IMPROVEMENTS Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the Tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required Tract improvements are complete and accepted by the City Council. Improvement Description Ave 60 Street w/Perimeter Wall Madison Street w/Perimeter Wall Domestic Water Sanitary Sewer Sidewalks (5' Ave 60 & 8' Madison) Storm Drain Signing and Striping (Ave 60 & Madison) Totals Standard 10% Contingency Total Construction Cost Professional Fees & Plans, Design 10% Professional Fees, Const 10% Bond Amount Performance Labor & Materials $ 337,393 $ 337,393 $ 215,885 $ 215,885 $ 72,460 $ 72,460 $ 43,325 $ 43,325 $ 78,720 $ 78,720 $ 21,195 $ 21,195 $ 8,494 $ 8,494 $ 777,471 $ 777,471 $ 77,747 $ 77,747 $ 855,218 $ 855,218 $ 85,522 $ 85,522 $ 85,522 $ 85,522 1,026,262 1,026,262 7�7 iL State of California ) County of Riverside ) On June 5. 2008 before me, K. Larby , Notary Public (here insert name and title of the officer), personally appeared Richard Hughes 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. I 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. Signature (Seal) KLARBY _ Commission # 1553033 Notary Public - California Riverside County -oQMy Comm. Expires Feb 17, 200 (notary.wpd)(12-07) 1 L AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: June 17, 2008 BUSINESS SESSION: CONSENT CALENDAR: ITEM TITLE: Approval Of a One -Year Contract Extension for HF&H Consultants, LLC for AB 939 STUDY SESSION: Waste Management Services Contract for Fiscal Year PUBLIC HEARING: 2008/2009 RECOMMENDATION: Authorize the City Manager to sign a contract extension with HF&H Consulting, LLC for AB 939 services for Fiscal Year 2008/2009 in an amount not to exceed $88,000 (Attachment 1). FISCAL IMPLICATIONS: The City Manager's Department has included $88,000 in the Fiscal Year 2008/2009 Preliminary Budget for AB 939 consultant services. The contract is for the implementation of AB 939 programs to assure the City's compliance with the State's AB 939 mandate. The requested Scope of Services (Attachment 2) includes the following programs: 1) On -going maintenance activities; 2) Reporting and other compliance activities; 3) Publicity and public education coordination; 4) Recycling coordination at large venues and special events; 5) Residential non -controlled medication collection program research; 6) Restaurant food waste program review; 7) Monitor commercial recycling implementation; 8) Regional meetings attendance and reporting; 9) Franchise administration/contractor compliance; 10) Review of AB 939 and franchise fees; and 1 1) Monitor construction and demolition debris diversion program. Additionally, the City's waste hauling and recycling contract requires Burrtec to reimburse the City for all costs associated with implementation and monitoring of their contract. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On May 5, 1998, the City Council originally approved a recommendation of staff (subsequent to a Request for Proposal process) to hire HF&H Consulting, LLC as the City's AB 939 consultants and has continued to approve the contract extensions each .i29 year. The proposed Scope of Services provides for monitoring of current programs, implementation of a few selected programs, as well as monitoring the City's waste contract. Pursuant to City Council Resolution 96-80. ....Prescribing the Procedures, Rules and Regulations Governing the Solicitation and Selection of Firms and Award of Contracts for the Furnishing of Personal Services, Professional or Consulting Services, or other Contractual Services Which are not Subject to the Formal Bidding Procedures..." Section 9, "Exceptions - Renewal of Contracts", states the City Council is permitted to authorize the City Manager to bypass the competitive selection process in the renewal of a renegotiation of an existing contract for continuing services. Based on this Resolution, staff is recommending the contract with HF&H Consulting, LLC be extended for the next Fiscal Year rather than preparing a Request for Proposals (RFP) and going through the selection process. HF&H Consulting is familiar with the City's programs and by extending the contract the City will have the firm that is most knowledgeable about the City's programs as well as what the waste contract requires. Staff has established a good working relationship with the consultants and the Scope of Services for 2008/2009 will be similar to the 2007/2008 contract. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Authorize the City Manager to approve of a One -Year Contract Extension for HF&H Consultants, LLC for AB 939 Waste Management Services Contract for Fiscal Year 2008/2009; or 2. Do not authorize the City Manager to approve of a One -Year Contract Extension for HF&H Consultants, LLC for AB 939 Waste Management Services Contract for Fiscal Year 2008/2009; or 3. Provide staff with alternative direction. Respectfully submitted, Bret M. Plumlee Assistant City Manager -Management Services Approved for submissio by: A(Z Thomas P. Genovese, City Manager Attachments: 1. Professional Services Agreement (Draft) 2. Scope of Services for Professional Services Agreement i Attachment 1 PROFESSIONAL SERVICES oeteW: CONTRACT AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement"), is made and entered into by and between the CITY OF LA QUINTA, (the "City"), a California municipal corporation, and HF&H CONSULTANTS, LLC., (the "Contractor"). The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the CONTRACTOR shall provide those services related to assistance with AB 939 implementation, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services"). CONTRACTOR agrees that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 CONTRACTOR's Proposal. The Scope of Services shall include the CONTRACTOR's proposal or bid, if any, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of THE CITY of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.4 Licenses, Permits, Fees and Assessments. CONTRACTOR shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. CONTRACTOR shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.5 Familiarity with Work. By executing this Agreement, CONTRACTOR warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should the CONTRACTOR discover any latent or unknown conditions materially differing from those inherent in the work, or as represented by THE CITY, it shall immediately inform THE CITY of such fact and shall not proceed except at CONTRACTOR's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). CONT - HF&H Consultants 131 Agreement for Consulting Services-HF&H Consultants, LLC 1.6 Care of Work. The CONTRACTOR shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by THE CITY, except such losses or damages as may be caused by THE CITY's own negligence. The performance of services by CONTRACTOR shall not relieve CONTRACTOR from any obligation to correct any incomplete, inaccurate or detective work at no further cost to THE CITY, when such inaccuracies are due to the negligence of CONTRACTOR. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, the CONTRACTOR shall perform services in addition to those specified in the Scope of Services (Exhibit "A") when directed to do so by the Contract Officer, provided that CONTRACTOR shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding ten percent (10%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by THE CITY Council. 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern. 2.0 COMPENSATION. 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the CONTRACTOR shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of Eighty Flcgh I Thousand Deleted: four Dollars ($88,000) (the "Contract Sum"), except as provided in Section 1.7. The Deleted: as method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon the CONTRACTOR's rates as specified in Exhibit "C", but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation (Exhibit "C"). 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 2 CONT-HF&H Consultants Agreement for Consulting Services-HF&H Consultants, LLC 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance (Exhibit "W) for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargos, acts of any governmental agency other than THE CITY, and unusually severe weather, if the CONTRACTOR shall within ten (10) days of the commencement of such delay notify the Contracting Officer in writing of the causes of the delay. The Contracting Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his judgment such delay is justified, and the Contracting Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance (Exhibit "D"). 4.0 COORDINATION OF WORK 4.1 Representative of CONTRACTOR. The following principals of CONTRACTOR are hereby designated as being the principals and representatives of CONTRACTOR authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Laith B. Ezzet, CMC, Senior Vice President It is expressly understood that the experience, knowledge, capability and reputation of Laith B. Ezzet was a substantial inducement for THE CITY to enter into his Agreement. Therefore, they shall be responsible during the term of this Agreement for directing all activities of CONTRACTOR and devoting sufficient time to personally supervise the services hereunder. They may not be changed by CONTRACTOR and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. CONT-HF&H Consultants J3 Agreement for Consulting Services-HF&H Consultants, LLC 4.2 Contract Officer. The Contract Officer shall be the ssistam Clly Deleted: Community Developmem _Manager, Management Services _D opwtme_nt, or such other person as may be Duector designated by the City Manager of THE CITY. It shall be the CONTRACTOR's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the CONTRACTOR shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of CONTRACTOR, its principals and employees were a substantial inducement for THE CITY to enter into this Agreement. Therefore, CONTRACTOR shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of THE CITY. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent CONTRACTOR. Neither THE CITY nor any of its employees shall have any control over the manner, mode or means by which CONTRACTOR, its agents or employees, perform the services required herein, except as otherwise set forth. CONTRACTOR shall perform all services required herein as an independent CONTRACTOR of City and shall remain at all times as to City a wholly independent CONTRACTOR with only such obligations as are consistent with that role. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. THE CITY shall provide CONTRACTOR with any plans, publications, reports, statistics, records or other data or Information pertinent to services to be performed hereunder which are reasonably available to THE CITY. THE CITY shall additionally provide CONTRACTOR staff assistance and shall take prompt and appropriate action when it will assist in ensuring and timely performance by CONTRACTOR hereunder. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. The CONTRACTOR shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from CONTRACTOR's negligent acts or omissions rising out of or related to CONTRACTOR's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of CONTRACTOR's performance hereunder and neither THE CITY CONT-HF&H Consultants Agreement for Consulting Services-HF&H Consultants, LLC nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming THE CITY and its officers and employees as additional insureds shall be delivered to and approved by THE CITY prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Less than $50,000 $50,000 - $300,000 Over $300,000 Coverage (personal injury/ property damage) $100,000 per individual; $300,000 per occurrence $250,000 per individual; $500,000 per occurrence $500,000 per individual; $1,000,000 per occurrence The CONTRACTOR shall also carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by the CONTRACTOR, its officers, any directly or indirectly employed by the CONTRACTOR, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to CONTRACTOR's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of CONTRACTOR's performance hereunder and neither THE CITY nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming THE CITY and its officers and employees as additional insureds shall be delivered to and approved by THE CITY prior to commencement of the services hereunder. CONTRACTOR shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws. The CONTRACTOR shall procure professional errors and omissions liability insurance in the amount of One Million Dollars ($1,000,000). All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days' written notice of proposed cancellation to City. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of CONTRACTOR's obligation to indemnify THE CITY, its officers, employees, CONTRACTOR=s, subcontractors or agents. 5.2 Indemnification. The CONTRACTOR shall defend, indemnify and hold CONT-HF&H consultants Agreement for Consulting Services-HF&H Consultants, LLC harmless THE CITY, its officers, officials, employees, representatives and agents, ACity indemnitees from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by THE CITY) (AClaims@) and for errors and omissions committed by CONTRACTOR, its officers, anyone directly or indirectly employed by CONTRACTOR, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to CONTRACTOR's performance under this Agreement, except to the extent of such loss as may be caused by City's own active negligence, sole negligence or willful misconduct, or that of its officers or employees. In the event the City indemnitees are made a party to an action, lawsuit, or other adversarial proceeding in any way involving such Claims, Contractor shall provide a defense to the City indemnitees, or at the City,'s option, reimburse the City Deleted: indemnitees their costs of defense, including reasonable attorney=s fees, incurred in defense of such claim. In addition, contractor shall be obligated to promptly pay any final judgement or portion thereof rendered against the City indemnitees. 5.3 Remedies. In addition to any other remedies THE CITY may have if CONTRACTOR fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, THE CITY may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order the CONTRACTOR to stop work under this Agreement and/or withhold any payment(s) which become due to CONTRACTOR hereunder until CONTRACTOR demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies THE CITY may have and are not the exclusive remedies for CONTRACTOR's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which CONTRACTOR may be held responsible for payments of damages to persons or property resulting from CONTRACTOR's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 Reports. CONTRACTOR shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. CONT-HFBH Consultants 1J0 Agreement for Consulting Services-HF&H Consultants, LLC 6.2 Records. CONTRACTOR shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by CONTRACTOR, Its employees, subcontractors and agents in the performance of this Agreement, shall be the property of THE CITY and shall be delivered to THE CITY upon the termination of this Agreement or upon the earlier request of the Contract Officer, and CONTRACTOR shall have no claim for further employment or additional compensation as a result of the exercise by THE CITY of its full rights of ownership of the documents and materials hereunder. CONTRACTOR may retain copies of such documents for its own use. CONTRACTOR shall have an unrestricted right to use the concepts embodied herein. CONTRACTOR shall cause all subcontractors to assign to THE CITY any documents or materials prepared by them, and in the event CONTRACTOR fails to secure such assignment, CONTRACTOR shall indemnify THE CITY for all damages suffered thereby. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by CONTRACTOR in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. CONTRACTOR shall not disclose to any other private entity or person any information regarding the activities of THE CITY, except as required by law or as authorized by THE CITY. 7.0 ENFORCEMENT OF AGREEMENT. 7.1. California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and CONTRACTOR covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so CONT-HFBH Consultants L3 Agreement for Consulting Services-HF&H Consultants, LLC long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, THE CITY may take such immediate action as THE CITY deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit THE CITY's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. THE CITY may withhold from any monies payable to CONTRACTOR sufficient funds to compensate THE CITY for any losses, costs, liabilities or damages it reasonably believes were suffered by THE CITY due to the default of CONTRACTOR in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. THE CITY's consent or approval of any act by CONTRACTOR requiring THE CITY's consent or approval shall not be deemed to waive or render unnecessary THE CITY's consent to or approval of any subsequent act of CONTRACTOR. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. THE CITY reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to CONTRACTOR. Upon receipt of any notice of termination, CONTRACTOR shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. CONTRACTOR shall be entitled to compensation for all 6 CONT-HF&H Consultants Agreement for Consulting Services-HF&H Consultants, LLC services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation (Exhibit "C") or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default Of CONTRACTOR. If termination is due to the failure of the CONTRACTOR to fulfill its obligations under this Agreement, THE CITY may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the CONTRACTOR shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that THE CITY shall use reasonable efforts to mitigate such damages), and THE CITY may withhold any payments to the CONTRACTOR for the purpose of setoff or partial payment of the amounts owed THE CITY as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of THE CITY shall be personally liable to the CONTRACTOR, or any successor in interest, in the event of any default or breach by THE CITY or for any amount which may become due to the CONTRACTOR or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of THE CITY shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The CONTRACTOR warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. CONTRACTOR covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, disability or ancestry in the performance of this Agreement. CONTRACTOR shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, physical disability, mental disability, medical condition, age or ancestry. CONT-HF&H Consultants 1 19 Agreement for Consulting Services-HF&H Consultants, LLC 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section 9.1. To City: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, California 92253 Attention: Thomas P. Genovese, City Manager To Contractor: HF&H CONSULTANTS, LLC 3990 Westerly Place, Suite 195 Newport Beach, CA 92660-2311 Attention: Laith Ezzet 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not effect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. 10 CONT-HFBH Consultants Agreement for Consulting Services-HF&H Consultants, LLC CITY OF LA QUINTA, a California municipal corporation Dated: By: THOMAS P. GENOVESE, City Manager "CITY" ATTEST: VERONICA J. MONTECINO, CMC, City Clerk APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney Dated: HF&H CONSULTANTS, LLC Name: Title: CONT-HF&H consultants 11 14l Agreement for Consulting Services-HF&H Consultants, LLC EXHIBIT A SCOPE OF SERVICES (Attached) 12 CONT-HFBH Consultants Agreement for Consulting Services-HF&H Consultants, LLC EXHIBIT B SPECIAL REQUIREMENTS A. Generally. CONTRACTOR shall be responsible for preparation of work products or deliverables as specified in the Scope of Services, attached hereto and herein incorporated by reference. All deliverables shall be in an 8.5 inch by 11.0 inch camera ready reproducible format, printed on one side only. B. Monthly Progress Reports. CONTRACTOR shall submit to THE CITY a written monthly progress prior to or at the monthly coordinating meeting. These reports are considered a deliverable and, as such, a condition of this Agreement. Each progress report shall include, at a minimum, the following; $ For each Task, a brief statement of the work performed since the last monthly progress report; $ For each Task, a comparison of actual accomplishments to established objectives, milestones and/or deadlines; $ Identification of reason(s) for "slippage" or "delay" if deadlines were not met or for failure to meet objectives or milestones. $ Discussion of any issues that may have arisen or are expected to arise, problems encountered, changes in personnel, etc., that could affect or are affecting the work. $ Discussion of any proposed changes in or amendments to the Scope of Services. $ Work planned for the next reporting period and anticipated accomplishments. C. Each monthly progress report shall be updated to reflect an entire calendar month and subsequently submitted as a required attachment to any request for payment submitted by CONTRACTOR. Receipt and approval of monthly - progress reports by THE CITY is mandatory prior to any issuance of payment to CONTRACTOR. 13 CONT-HFBH Consultants 14 3 Agreement for Consulting Services-HF&H Consultants, LLC D. CONTRACTOR shall prepare a,checklist of milestones, such as meetings, and/or deliverables or other readily identifiable achievements, together with the percent of work represented by that milestone, deliverable, and/or achievement of the total work to be completed to fulfill the terms and conditions of this Agreement. A corresponding entry for each milestone, deliverable, and/or achievement shall be included on a Calendar of Activities, which shall be prepared by the CONTRACTOR. Subsequent to THE CITY'S approval of this checklist, payment up to and including fifty percent (50%) of the maximum allowable cost for each task shall be made to CONTRACTOR in accordance with the checklist. By way of example, for a month in which CONTRACTOR prepares and submits to THE CITY a draft ordinance which is identified on the checklist as representing ten percent (10%) of the total work to complete that Task, CONTRACTOR may request payment in the amount of ten percent (10%) of the maximum allowable cost for that task. THE CITY shall make payment to CONTRACTOR for all such requests for payment up to but not exceeding an amount greater than fifty percent (50%) of the maximum allowable cost for that task. The checklist and Calendar of Activities are incorporated herein by reference to the contract. THE CITY shall withhold and retain fifty percent (50%) of the maximum allowable cost for each of the aforementioned tasks subject to this method of compensation. Upon completion of work in accordance with the terms and conditions of this Agreement and the checklist as approved by THE CITY. THE CITY shall release an amount up to but not exceeding this remainder fifty percent (50%) as a lump sum payment to CONTRACTOR, upon receipt, review and approval of CONTRACTOR'S final payment request. CONTRACTOR'S obligations under the terms of this AGREEMENT shall be deemed discharged upon issuance of this final lump sum payment. Deleted: n Formatted: Font: Italic Deleted: @ F. Responsibilities of CONTRACTOR. In any month for which CONTRACTOR is- mrmatted:Bullets and Numbering entitled to payment, CONTRACTOR shall submit to THE CITY'S Contract Officer a written request for payment that conforms to the following: Submitted by or on the tenth day of the following month; Submitted in a format prescribed by THE CITY; Submitted together with a monthly progress report; Submitted together with supporting documentation (bids, receipts, cancelled checks, invoices, etc.). 14 CONT-HF&H Consultants -L44 Agreement for Consulting Services-HF&H Consultants, LLC G. Responsibilities of THE CITY. THE CITY'S Contract Officer shall review all requests for payment to determine whether services performed and deliverables) submitted are consistent with this Agreement. Upon approval by the Contract Officer, payment to CONTRACTOR shall be made as promptly as fiscal procedures permit, generally within 30 days. H. Disputes. In the event of a disputed or contested request for payment, only, Formatted: Bullets -and Numbering that portion so disputed or contested shall be withheld from payment and the undisputed portion shall be paid. CONTRACTOR'S failure to provide legible receipts shall be grounds for non -reimbursement of related charges. THE CITY shall notify CONTRACTOR in writing of the basis of the dispute or contest. Records. THE CITY shall have the right to review all books and records kept by CONTRACTOR and any subcontractors in connection with the operation and services performed under this Agreement. THE CITY shall withhold payment for any expenditure not substantiated by CONTRACTOR'S or subcontractors' books or records. CONTRACTOR shall ensure that such books and records are retained for a period of three (3) years after satisfaction of the terms of this Agreement and that THE CITY shall have reasonable access to said books and records. J. Task Budget Amendments; Obligation of CONTRACTOR. It shall be the" Formatted: Bullets and Numbering responsibility of CONTRACTOR to notify THE CITY that there is a need to consider shifting funds from task to task in order to increase or decrease the maximum allowable cost. Notice shall be given to THE CITY within a reasonable amount of time of discovering the need for revision such that THE CITY may duly consider the need and subsequent impacts upon the work to be completed and the calendar of scheduled activities. 15 CONT-HF&H Consultants r 5r 14 Agreement for Consulting Services-HF&H Consultants, LLC EXHIBIT C SCHEDULE OF COMPENSATION Payments shall be made within 30-days of receipt of an invoice. 16 CONT-HF&H Consultants i40 Agreement for Consulting Services-HF&H Consultants, LLC EXHIBIT D SCHEDULE OF PERFORMANCE This contract is for the time period between July 1,,P008 and June 30, M09. All Deleted: 2007 work shall be performed within this time frame. Deleted: zoos 17 CONT-HF&H Consonants t47 ATTACHMENT 2 Advisory Services to Municipal Managemcnt 3990 Westerly Place, Suite 195 Newporl Beach, California 92660 Telephone: 949/251-8628 Fax: 949/251-9741 wrow. hJlo-consulfmNs. co+rt April 30, 2008 Mr. Bret Plumlee Assistant City Manager Management Services City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quints, California 92247-1504 AB 939 Implementation Services for Fiscal Year 2009 Dear Bret: Robert D. Hilton, CMC John W. Farnkopf, PE Lanh B. Enet, CMC Enclosed please find the proposed Scope of Services for our AB 939 consulting services for Fiscal Year 2009. The enclosed Scope of Services is designated as "Exhibit A" and may be appended to the City's standard professional services agreement. We are hopeful that the new agreement will be in place by July 1, 2008, in order to continue our current implementation efforts for the City without interruption. Thank you for the opportunity to submit this proposal. We look forward to continuing our work with you. Please call me at (949) 251-8902 if you have any questions. Very truly yours, Laith B. Ezzet, CMC Senior Vice President Enclosures: as stated Debbie Morris Senior Associate 1 `i S Agreement for Consulting Services-HF&H Consultants, LLC EXHIBIT "A" SCOPE OF SERVICES Proposed Tasks for AB 939 Implementation for Fiscal Year 2009 Task 1- On -going Maintenance Activities The City has requested HF&H to assist with various waste management -related inquiries and miscellaneous tasks that arise from time to time. These tasks have included legislative research and reporting, monitoring the activities and objectives of the Coachella Valley Association of Governments and the County of Riverside, and providing general solid waste and recycling liaison assistance. In fiscal year 2009, HF&H will continue to: • Track solid waste legislation, regulations, C1WMB policy decisions, and other solid waste issues pertinent to the City; • Provide written legislative and regulatory updates and discuss significant items at face-to-face meetings; • Provide solid waste liaison assistance to residential and businesses; and, • Monitor CVAG meetings and initiatives and meetings of the Riverside County Solid Waste Management Task Force. This task will also include regular communication with the City's CIWMB representative to ensure ongoing compliance with AB 939. Additionally, this task may require the development of new programs or the enhancement of existing diversion programs. Deliverables for Task 1: • Written legislative and regulatory updates; • Letters of support or opposition to pending legislation or regulations, if requested by the Assistant City Manager; • Written summaries of any technical assistance provided; and, • List of on -going maintenance activities in our monthly status reports which will accompany our monthly invoices. Deliverables for this task may be modified due to requests for assistance by the Assistant City Manager for items not included in this scope of work. 4/30/2008 149 Agreement for Consulting Services-HF&H Consultants, LLC Task 2 — AB 939 Reporting and Other Compliance Activities HF&H has prepared the City's AB 939 Annual report to the CIWMB since 1998. In 1999, 2000, and 2001, HF&H also prepared an Alternative Adjustment Factor Request form, boosting the City's diversion rate above 50% each year. For fiscal year 2009, we will prepare the City's 2007 AB 939 Annual Report to the CIWMB, which will include documentation of diversion activities, as well as calculation of numerical compliance with AB 939 diversion mandates. The 2007 Annual Report would normally be due August 1, 2008; however, we expect this date to be extended by four to five months. We will also develop and discuss with the City a strategy to continue to meet both the numerical and programmatic goals of AB 939 in order to remain in full compliance with AB 939. HF&H will assist the City by responding to questions from the CIWMB, and attending meetings if requested by the CIWMB, Deliverables for Task 2: • AB 939 Annual Report; and, • Responses to CIWMB questions, and meeting attendance, if requested by CIWMB. Task 3 - Publicity and Public Education Coordination Public education in La Quints, includes coordination with the City's hauler, the County, CVAG, and other entities. The City has found that residents are more likely to attend events if they receive reminder mailings or see events advertised. HF&H will coordinate the preparation of flyers, advertising, and other public education materials throughout the year. For example, HF&H will coordinate advertising of City diversion events, such as HHW events, shred days, and electronic waste or universal waste events, with the event coordinators and representatives at the GEM and the Desert Sun newspapers. CVAG is planning to conduct used oil recycling and filter exchange programs at various locations throughout the Coachella Valley, and may conduct such an event in the City of La Quinta. During fiscal year 2008, HF&H coordinated these events for Coachella Valley cities, including an event held in the City of La Quinta, with a high level of success, and if requested by the City, will employ this expertise to ensure the success of future events held within the City of La Quinta. 4/30/2008 2 iJ� Agreement for Consulting Services-HF&H Consultants, LLC During the last few years, HF&H has produced several one -page flyers for the City, and the City has reproduced the flyers in-house. We will continue to produce such flyers, and will contact participating entities for event information and telephone numbers. Actual costs for printing, original artwork, mailing, and advertising costs are not included in the budget for this task. In the City's franchise agreement with Burrtec Waste and Recycling Services, LLC ("Burrtec"), certain public education efforts are required to be developed by the contractor. Upon execution of this Agreement, HF&H will conduct a meeting with Burrtec to develop a schedule of contractor public education and outreach responsibilities for fiscal year 2009, Per the agreement between the City and Burrtec ('Hauler Agreement''), Burrtec is required to provide copies of all public education materials and a description of all public outreach activities in their quarterly reports to the City. HF&H will monitor these reports to ensure contractor compliance. Deliverables for Task 3: • Flyers for two HHW events, two slued day events, one a -waste and u- waste event, one used oil event, and GEM advertising of same; and, • Development and monitoring of a public education and outreach schedule with Burrtec for fiscal year 2009. Task 4 - Recycling Coordination at Large Venues and Special Events AB 2176 was passed into law in September, 2004. AB 2176 requires recycling at large venues and Lrge events. It defines large venues and events as those that: Charge an admission price or is operated by a local agency; and, Serves an average of more than 2,000 individuals per day of operation of the event. The La Quinta Arts Festival, the Bob Hope Chrysler Classic, and several school district events are covered by the bill. In order to comply with the bill, the City must provide recycling information to large venues and large events when issuing permits. The City must also include large venue and events diversion information in their annual report to the CIWMB. The Hauler Agreement requires Burrtec to assist the coordinators of large venues and events in the implementation of recycling programs. Additionally, Burrtec is required to prepare and submit to the City a "Waste Reduction and Recycling Plan' prior to each covered venue or event, and to submit a "Waste Characterization Report" within 30 days following each covered venue or event. 4/30/2008 Agreement for Consulting Services-HF&H Consultants, LLC In March of 2008, a representative from HF&H visited the La Quinta Arts Festival to assess the level and opportunity for recycling at this event. During this visit it was determined that the necessary receptacles and public education were not available to the exhibitors or attendees. Deliverables for Task 4: • HF&H will assist the City by researching container distributors and providing three price quotes for special event recycling containers to the City. The City may purchase these containers with Department of Conservation City/Block Grant Funds. • HF&H will work with Burrtec and the Arts Committee to develop public education and site placement plans to ensure that the City receives the maximum benefit from the containers. • HF&H will review Burrtec's Waste Reduction and Recycling Plan and Waste Characterization Report to ensure that all information required by the CIWMB is included in these reports; • Include special events and venues information in the City's electronic annual report to the CIWMB. Task 5 - Residential Non -Controlled Medication Collection Program Research On October 12, 2007, the Governor signed Senate Bill 966 (Simitian) Pharmaceutical Drug Disposal. Originally, this bill would have required every retailer of a drug to have in place, on and after July 1, 2008, a system for the acceptance and collection of drugs for proper disposal at no cost to the customer, and to produce and distribute informational materials to all consumers regarding the opportunity for no -cost drug disposal. However, before being chaptered, the bill was amended to require the CIWMB to develop and evaluate model programs for the safe disposal of non -controlled medications and provide recommendations to the Legislature by December 1, 2010; therefore, eliminating program administration responsibility by pharmaceutical retailers at this time. Currently, nearly all unused pharmaceuticals enter our solid waste system or our water system, and the general public is unaware of disposal procedures which will lessen the negative impact on the environment. Following the second anniversary of the Hauler Agreement (July 1, 2009), Burrtec is required to design and submit for approval a program for the collection and safe disposal of non -controlled medicines. In 2007, the City Council requested that implementation be expedited, if possible. This program would allow residents to mail non -controlled medications to a special collection location. 4/30/2008 4 152 Agreement for Consulting Services-HF&H Consultants, LLC Deliverables for Task 5: HF&H will review the program proposed by Burrtec and submit recommendations or comments to the City. Task 6 -Restaurant Food Waste Program Review The City had requested that Burrtec propose a detailed restaurant food waste diversion program upon execution of the current solid waste agreement. However, during subsequent discussions with Burrtec, the City requested that Burrtec postpone development of the proposed program until July of 2008. The program will require Burrtec to provide customers with outdoor bins for food waste storage and indoor wheeled containers to transport food waste to outside collection container. This program also requires that Burrtec provide training to customer staff, and report to the City on participation levels, and diversion amounts. HF&H will keep the City unformed of legislation regarding food waste diversion, status of food waste diversion facilities, food waste programs implemented in neighboring cities, and tools employed in successful food waste diversion programs in other jurisdictions. Deliverables for Task 6: HF&H will review the program proposed by Burrtec and submit recommendations to the City. Negotiation assistance provided by HF&H for this task, and/or amendments to the Hauler Agreement will be provided by HF&H on a time and materials basis, and are not included in this fee estimate. Task 7 - Monitor Commercial Recycling Implementation Burrtec is required to contact all commercial customers on an annual basis and advise them of the availability of commercial recycling programs. This contact will include a site visit for any commercial customer that is not engaged in the recycling program. HF&H will review Burrtec's commercial recycling program efforts submitted with their quarterly reports to ensure compliance with this requirement. Deliverables for Task 7: HF&H will review and provide comments on public outreach prepared by Burrtec advising businesses of the commercial recycling program; and, 4/30/2008 5 i53 Agreement for Consulting Services-HF&H Consultants, LLC HF&H will review Burrtec's quarterly reports for compliance with this task, and include findings of review in the status reports submitted to the City. Task 8 - Regional Meetings Attendance and Reporting We will attend up to four meetings with CVAG's Solid Waste & Recycling Technical Working Group, the County's solid waste task force, CIWMB, and/or other agencies as directed by the Assistant City Manager, and provide a brief written summary to the Assistant City Manager of meeting items which pertain to the City of La Quinta. Deliverables for Task 8: • Attendance at up to four meetings with the agencies cited above; and, • Brief City staff on meeting items as they pertain to the City of La Quinta. Task 9 - Franchise Administration/Contractor Compliance The City entered into a new Solid Waste Handling Services Agreement with Burrtec Waste and Recycling Services to go into effect July 1, 2007. Because this new agreement includes many contractor requirements, it is important to determine contractor compliance to ensure the City is receiving the utmost benefit. HF&H will perform the following tasks to determine contractor compliance with the Hauler Agreement: Review annual rate adjustment; Review monthly and annual reports submitted by Burrtec; and, Verify accuracy of AB 939 and franchise fee calculation. Deliverables for Task 9: • Attendance at six meetings with City staff and Burrtec, including meeting agendas and attachments; • Contractor compliance checklist, updated as tasks are completed; and, • Memorandum -style report on our review of the contract hauler's annual rate increase request. Task 10 - Review of AB 939 and Franchise Fees We will audit the gross receipts reported by the waste hauler to verify the accuracy of the franchise fee and AB 939 fee payments remitted to the City. Our work will consist of reviewing the source documents used by Burrtec to report its 4/30/2008 6 154 Agreement for Consulting Services-HF&H Consultants, LLC receipts to the City, reviewing Burrtec's procedures to segregate La Quints receipts from other cities, and verifying the mathematical accuracy of the fee calculation. We will also verify the accuracy of the dump component to ensure that it is properly deducted from gross receipts. Deliverable for task 10: • Report of our Findings on the Review of AB 939 and Franchise Fees. Task 11- Monitor Construction and Demolition Debris Diversion Program In FY 2007, HF&H submitted three construction and demolition debris diversion program options to the City: 1. Continue the existing voluntary C&D recycling program 2. Continue the existing program and direct staff to conduct a voluntary pilot program to evaluate the potential of adopting a C&D ordinance 3. Direct staff to bring a draft C&D debris recycling ordinance to Council for adoption as soon as possible On June 5, 2007 the City Council approved option #2 "Continue the existing program and direct staff to conduct a voluntary pilot program to evaluate the potential of adopting a C&D ordinance." The Hauler Agreement requires Burrtec to perform all administrative duties pertaining to the construction and demolition ordinance. HF&H will monitor and evaluate the overall program by compiling program statistics, such as number of permits issued, total deposits received, total deposits refunded, tons disposed, tons recycled, and overall diversion rate. Deliverable for Task 11: • HF&H will prepare for, and attend a pilot program kickoff meetuig with selected contractors; HF&H will monitor pilot program; HF&H will review building permit data and calculate the programs diversion potential; and, HF&H will prepare a memorandum summarizing the findings from the pilot program and building permit review. 4/30/2008 7 i5� Agreement for Consulting Services-HF&H Consultants, LLC FEES We will perform the scope of work based on time and materials. The estimated budget is $88,000, excluding costs for printing, design, mailing and advertising described in Task 3. The consulting services cost is to be reimbursed to the City by Burrtec under Section 11.2 of the Franchise Agreement. The specific tasks we perform will be determined by mutual agreement with City staff. We will bill you once per month based on the number of hours worked multiplied by our hourly billing rates, plus expenses incurred. Payment is due within 30 days of invoicing. Hourly rates for our consultants are as follows: Senior Vice President Director Senior Associate Associate Assistant Expenses will be billed as follows: Mileage Photocopies (over 15 pages/run) Color printing/color copies Postage/document couriers/other Other out-of-pocket costs $235 $200 $170-$190 $135 $95 $0.505 per mile (or as adjusted by IRS) $0.15 per page $0.75 per page Actual Actual 4/30/2008 ° .L 0 Agreement for Consulting Services-HF&H Consultants, LLC AB 939 Implementation Fee Estimate - FY 2009 Services* TASK DESCRIPTION Sr. Vice Pres. Director Sr. Assoc. Associate Total Hours 1. Ongoing Maintenance 4 0 26 32 62 Task 1: Fees $ 940 $ - $ 4,420 $ 4,320 $ 9,680 2. AB 939 Reporting and Compliance Activities 0 0 27 40 67 Task 2: Fees $ - $ - $ 4,590 $ 5,400 $ 9,990 3. Publicity and Public Education Coordination 1 0 8 16 25 Task 3: Fees $ 235 $ - $ 1,360 $ 2,160 $ 3,755 4. Recycling Coordination at Venues and Special Events 0 0 8 8 16 Task 4: Fees $ - $ $ 1,360 $ 1,080 $ 2,440 5, Residential Non -Controlled Medication Collection Program Research 0 0 4 8 12 Task 5: Fees $ - $ - $ 680 $ 1,080 $ 1,760 6. Restaurant Food Waste Program Review 8 0 76 8 32 Task 6; Fees $ 1,880 $ - $ 2,720 $ 1,080 $ 5,680 7. Monitor Commercial Recycling Program 4 0 8 16 28 Task 7: Fees $ 940 $ - $ 1,360 $ 2,160 $ 4,460 8. Regional Meeting Attendance and Reporting 6 0 30 0 36 Task 8: Fees $ 1,410 $ - $ 51100 $ - $ 6,510 9. Franchise Administration/Contractor Compliance 24 0 80 40 144 Task 9: Fees $ 5,640 $ - $ 13,600 $ 5,400 $ 24,640 10. Review of All 939 & Franchise Fees 4 30 6 16 56 Task 10. Fees $ 940 $ 6,000 $ 1,020 $ Z160 $ 10,120 11. Monitor Construction and Demolition Debris Diversion Program 8 0 16 20 44 Task 11: Fees $ 11880 $ - $ 2,720 $ 2,700 $ 7,300 Total Hours 59 30 229 204 522 Hourly Rates $ 235 $ 200 $ 170 $ 135 Total Fees $ 13,865 $ 6,000 $ 38,930 $ 27,540 $ 86,335 $ 1,665 Expenses Total Fees and Expenses I $ 88,000 * Hours may be shifted among tasks. 4/30/2008 iJ� COUNCIL/RDA MEETING DATE: June 17, 2008 ITEM TITLE: Approval of the Riverside County Cooperation Agreement for Community Development Block Grant Funds and the Home Investment Partnership Program Funds for Fiscal Years 2009-2012 and Authorize the Mayor to sign the Agreement RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 10 STUDY SESSION: PUBLIC HEARING: Approve the Riverside County Cooperation Agreement for Community Development Block Grant Funds and Home Program Funds for Fiscal Years 2009-2012 and authorize the Mayor to sign the Agreement. FISCAL IMPLICATIONS: The County staff is estimating the same level of grant funding and allocation of funds to participating jurisdictions as the previous year, which for the City of La Quinta was $200,000. Allocations for participating jurisdictions are based on population, overcrowding, and poverty rates from the 2000 Census data. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The County of Riverside is in the process of re -qualifying as an Urban County with the Department of Housing and Urban Development (H.U.D.) for Fiscal Years 2009-2012. The City must enter into this Cooperation Agreement with the County to be eligible to receive Urban County Community Development Block Grant (CDBG) Funds and to apply for Home Program Funds, which are competitive housing grant monies that may become available during the three-year term of the Agreement. The City of La Quinta has participated in this CDBG program for 24 years and has previously entered into three-year Cooperation Agreements with the County. 153 The primary objective of the CDBG program is the development of viable urban communities by providing adequate housing, a suitable living environment, and expansion of economic opportunities for persons of very low-, low-, and moderate - incomes. Towards achieving this objective, the Riverside County Housing Authority administers the federally funded Section 8 Rental Assistance Program. There are over 100 Section 8 rental assistance units in La Quinta. In addition, the City has a Redevelopment Agency that administers community development and affordable housing programs. The City completed construction of the Senior Center, street and traffic improvements on Avenida La Fonda, Avenida Bermudas, and Calle Tampico, all of which were funded, in part, with CDBG grant monies. Key provisions of the Cooperation Agreement include: 1) the City and County are obligated to take all actions necessary to assure compliance with all applicable federal statutes such as the Civil Rights Act of 1964, the Fair Housing Act, the Housing and Community Development Act of 1974, and the National Environmental Policy Act of 1969; 2) the City develops a Community Development Plan for the period of this Agreement; 3) the City shall follow the approved Citizen Participation Plan; and 4) the City certifies there is and there will be no undue influence in the appropriation of these funds. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Riverside County Cooperation Agreement for Community Development Block Grant Funds and Home Program Funds for Fiscal Years 2009-2012 and authorize the Mayor to sign the Agreement; or 2. Do not approve the Riverside County Cooperation Agreement for Community Development Block Grant Funds and Home Program Funds for Fiscal Years 2009-2012 and do not authorize the Mayor to sign the Agreement ; or 3. Provide staff with alternative direction. r !J Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1'CooBlock Gralon nt Funds fornt forFiscaCYea s 2009-201ommunity I2Pment i6J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COOPERATION AGREEMENT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS FOR FISCAL YEARS 2009-10, 2010-11, 2011-12 This Cooperation Agreement hereinafter referred to as "Agreement'' is made and entered into this _ day of 2008, by and between the COUNTY OF RIVERSIDE, a political subdivision of the State of California, hereinafter referred to as "COUNTY", and it of La Ouinta an incorporated municipality within the geographical boundaries of the COUNTY, hereinafter referred to as "CITY," who together are sometimes referred to herein individually as "Party" or collectively as the "Parties." RECITALS WHEREAS, the Housing and Community Development Act of 1974, as amended (Public Law 93-383), hereinafter called "ACT", provides that Community Development Block Grant, funds hereinafter referred to as "CDBG", may be used for the support of activities that provide decent housing, suitable living environments, and expanded economic opportunities principally for persons of low and moderate - income; and WHEREAS, the HOME program, authorized by the HOME Investment Partnerships Act (HOME), was enacted as Title II of the National Affordable Housing Act of 1990, has as its purposes to: expand the supply of decent, affordable housing for low and very -low income families with emphasis on rental housing; build State and local capacity to carry out affordable housing programs; and provide for coordinated assistance to participants in the development of affordable low-income housing; and WHEREAS, CDBG regulations require counties to re -qualify as an Urban County under the CDBG program every three years; and WHEREAS, the execution of this Agreement is necessary to include CITY as a participating unit of general government under COUNTY's Urban County CDBG and HOME program. NOW THEREFORE, in consideration of the mutual covenants herein set forth and the mutual II benefits to be derived there from, the parties agree as follows: Cooperation Agreemmt For Community Development Block Grant end HOME Funds 2009.2012 page 1 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. GENERAL. This Agreement gives COUNTY authority to undertake, or assist in undertaking, activities for Fiscal Years 2009-10, 2010-11, and 2011-12, that will be funded from the CDBG program, he HOME Investment Partnership program and from any program income generated from the undertake, or to assist in atp.nditure of such funds. COUNTY and CITY agree to cooperate, to undertaking, community renewal and lower -income housing assistance activities. COUNTY is qualified as an "Urban County" under the ACT. CITY, by executing this Agreement, hereby gives notice of its election to participate in an Urban County Community Development Block Grant program, hereinafter referred to as "CDBG programs". By executing this Agreement, CITY understands that it may not apply for grants from appropriations under the Small Cities or State CDBG Programs for fiscal years during the period in which it participates in the Urban County's CDBG program and that CITY may only participate in the HOME program through the COUNTY' S Urban County program, not a consortium. 2. TERM. The term of this Agreement shall be for three (3) years commencing on July 1, 2009, and extending through the federal fiscal years 2009-2012, which ends June 30, 2012, unless an earlier date of termination is fixed by U.S. Department of Housing and Urban Development, hereinafter called HUD, to ACT. This Agreement will be automatically renewed for Participation in successive three-year qualification periods, unless the COUNTY or the CITY provides written notice to the other Party that it elects not to participate in the next three -Year Urban County program. COUNTY will notify CITY of CITY's right not to participate in the next three-year period no later than the date specified by HUD in the Urban County Qualification Notice. CITY shall notify COUNTY no later than the date specified in COUNTY's notification that CITY elects not to participate in the next three-year Urban County Program. COUNTY will send copies of all notifications required by this Paragraph to the HUD Field Office. The terms of this Agreement shall remain in effect until the CDBG (and HOME, where ed out during the three-year applicable) funds and program income received with respect to activities cam qualification period are expended and the funded activities completed. Furthermore, neither the COUNTY nor the CITY may terminate or withdraw from this Agreement while it remains in effect. Cocpe,ation Agreement For Comatunity Development Block Gtant and HOME Funds 2009.2012 Page 2 of 12 .I 162 1 3. PREPARATION OF FEDERALLY REQUIRED FUNDING APPLICATIONS. 2 The Riverside County Economic Development Agency, subject to approval of 3 COUNTY's Board of Supervisors, shall be responsible for preparing and submitting to HUD, in a timely 4 manner, all reports and statements required by the ACT and the Federal regulations promulgated by HUD 5 to secure entitlement grant funding under the CDBG and HOME program. This duty shall include the 6 preparation and processing of COUNTY Housing, Community, and Economic Development Needs 7 Identification Report, Citizen Participation Plan, the County Five -Year Consolidated Plan, One -Year 8 Action Plan, Consolidated Annual Performance and Evaluation Report (CAPER), and other related 9 programs which satisfy the application requirements of ACT and its regulations. 10 4. COMPLIANCE WITH FEDERAL STATUTES REGULATIONS AND I 1 OTHER APPLICABLE STATUTES REGULATIONS AND ORDINANCES 12 (a) COUNTY and CITY will comply with the applicable provisions of the ACT and 13 those federal regulations promulgated by HUD pursuant thereto, as the same currently exists or may 14 hereafter be amended. The COUNTY and CITY will take all actions necessary to assure compliance with 15 COUNTY's certifications required by Section 104 (b) of Title I of ACT. COUNTY and CITY will 16 comply with the provisions of the following: National Environmental Policy Act of 1969; Title VI of the 17 Civil Rights Act of 1964 and Title VHI of the Civil Rights Act of 1968; and Title 24 Code of Federal 18 Regulations part 570; the Fair Housing Act; Cranston -Gonzales National Affordable housing Act (Public 19 Law 101-625); Section 109 Title I of the Housing and Community Development Act of 1974 (42 20 U.S.C.§5309); Executive Order 11063, as amended by Executive Order 12259; Executive Order 11988; 21 the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C.§4630, 22 et. seq.); and other federal or state statute or regulation applicable to the use of CDBG or HOME 23 Investment Partnerships Act (enacted as Title II of the National Affordable Housing Act of 1990) funds. 24 (b) CITY agrees that CDBG funding for activities in, or in support of, CITY are 25 prohibited if CITY does not affirmatively fiuther fair housing within its own jurisdiction or impedes 26 COUNTY actions to comply with its fair housing certification. 27 (c) CITY and COUNTY shall meet the citizen participation requirements of 24 CFR 28 570.301 and provide Riverside County citizens with all of the following: Cooperation Agemtem For Community Devclopmmt Block Gram and HOME Funds 2009-2012 Page 3 of 12 i63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i. The estimate of the amount of CDBG funds proposed to be used for activities that will benefit persons of low and moderate -income; ii. A plan for minimizing displacement of persons as a result of activities assisted with CDBG funds and to assist persons actually displaced as a result of such activities; iii. A plan that provides for and encourages citizen participation, with particular emphasis on participation by persons of low and moderate -incomes, residents of slum and blighted areas, and of areas in which funds are proposed to be used, and provides for participation of residents in low and moderate -income neighborhoods; iv. Reasonable and timely access to local meetings, information, and records relating to the grantee's proposed use of funds, as required by the regulations of the Secretary, and relating to the actual use of funds under the ACT; V. provide for public meetings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at least the development of needs, the review of proposed activities and review of program performance. Meeting shall be held after adequate notice, at times and locations convenient to potential or actual beneficiaries, and with accommodation for the disabled. (d) CITY shall develop a community development plan, for the period of this Agreement, which identifies community development and housing needs and specifies both short and long-term community development objectives. (e) C1TY certifies, to the best of its knowledge and belief, that: i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the CITY, to any person influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. ii. If any funds other than Federally -appropriated funds have been paid or Iwill be paid to any person for influencing or attempting to influence an officer or employee of any Coopemtton Agreement For Community Dmlopmmt Block Orant and HOME Fmda 2009-2012 Page 4 of 12 1 2 3 4 5 6 7 8'i 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contrail, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. iii. The CITY shallrequire that the language provided in Section 4(e)(i) and (ii) of this Agreement be included in the award documents for all sub -awards at all tiers (including subcontracts, sub- grants and contracts under grants, loans, and cooperative agreements) and that all sub - recipients shall certify and disclose accordingly. This certification is a material representation of fact which reliance was placed when this transaction was made or entered into. (f) In accordance with Section 519 of Public Law 101-144, (the 1990 HUD Appropriations Act), the CITY certifies that it has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations, and that it has adopted and is enforcing applicable State and local laws against physically barring entrance to, or exit from, a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. 5. COMPLIANCE WrM POLICY AND PROGRAM OBJECTIVES. The COUNTY's Board of Supervisors have adopted policies and procedures to ensure efficient and effective administration of the CDBG and HOME programs. COUNTY will provide these policies and procedures to CITY within a reasonable time after this Agreement's commencement date. COUNTY and City agree to comply with these said policies and program objectives. 6. OTHER AGREEMENTS. Pursuant to Federal regulations at 24 CFR 570.501(b), CITY is subject to the same requirements applicable to sub -recipients, including the requirement of a written agreement set forth in Federal regulations at 24 CFR 570.503. For each fiscal year during the term of this Agreement, COUNTY and CITY shall enter into an additional agreement, commonly lmOwn as a Supplemental Agreement, that will have a term coinciding with a CDBG Program Year and enumerate the projects) Crl'Y will implement with its entitlement funds. Said Supplemental Agreement will set forth the time schedule for completion of said project(s) and any funding sources, in addition to entitlement funds, that will be used in completing the project(s). If substantial compliance with the completion schedule, due to Cooperation Agreement For Community Developmad Block Grant and HOME Funds 2009-2012 lUJ Page 5 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 unforeseen or uncontrollable circumstances, cannot be met by CITY, the schedule for the project(s) may be extended by COUNTY. If COUNY determines that substantial progress toward drawdown of finds is not made during the term of the Supplemental Agreement, the entitlement funds associated with the project(s) may be reprogrammed by COUNTY, to other activities as determined by COUNTY, after COUNTY provides appropriate written notice to CITY. COUNTY s decision not to extend the completion schedule associated with the project(s), or to reprogram the entitlement funds associated with the project(s), will not excuse CITY from complying with terms of this Agreement. 7. DETERMINATION OF PROJECTS TO BE FUNDED AND DISTRIBUTION OF ENTITLEMENT FUNDS. CITY agrees to submit to COUNTY, no later than the date specified by COUNTY prior to each program year, the activities that the CITY desires to implement with its entitlement funds, said designation to comply with statutory and regulatory provisions governing citizen's participation. Said designation is to be reviewed by the COUNTY's Economic Development Agency to determine that the projects are eligible under federal regulations for funding and inclusion in the One Year Action Plan of the County's Five -Year Consolidated Plan and consistent with both Federal and COUNTY policy governing use of Community Development Block Grant (CDBG) funds. Consistent with Paragraphs 3, 4, 5, 6, and 7 of this Agreement, COUNTY's Board of Supervisors will make the final determination of the distribution and disposition of all CDBG funds received by COUNTY pursuant to the Act. 8. COMMUNTTY DEVELOPMENT BLACK GRANT MANUAL• CITY warrants that those officers, employees, and agents, retained by it and responsible for implementing projects funded with CDBG have received, reviewed, and will follow the Community Development Block Grant Manual that has been prepared and amended by COUNTY, and by this reference, said Manual is incorporated herein and made a part hereof. 9. REAL PROPERTY ACQUIRED OR PUBLIC FACILITY CONSTRUCTED WITH CDBG FUNDS. When CDBG funds are used, in whole or in part, by CITY to acquire real property or to construct a public facility, CITY will comply with the National Environmental Policy Act of 1969 (42 U.S.C. §§4321, et seq.), the California Environmental Quality Act (Cal. Pub. Resources Code §§21000, et Cooperation Agreement For Community Devdopmat Block Gmiu and HOME Funds 2009-2012 Page 6 of 12 li0 1 seq.), the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 2 §§4630, et seq.), and the California Government Code Sections 7260 et seq., as those Acts may be 3 amended from time -to -time and any Federal or state regulations issued to implement the aforementioned 4 laws. 5 In addition, the following is to occur: 6 (a) Title to the real property shall vest in CITY; 7 (b) The real property title will be held by or the constructed facility will be g maintained by the CITY for the approved use until five years after the date that the project is reported as 9 "Completed" within the annual Consolidated Annual Performance and Evaluation Report. 10 (c) While held by CITY, the real property or the constructed facility is to be used 11 exclusively for the purpose for which acquisition or construction was originally approved by COUNTY; 12 (d) CITY shall provide timely notice to COUNTY of any action which would result 13 in a modification or change in the use of the real property purchased or improved, in whole or in part, 14 with CDBG or HOME funds from that planned at the time of acquisition or improvement, including 15 disposition. 16 (e) CITY shall provide timely notice to citizens and opportunity to comment on any 17 proposed modification or change; 18 (f) Written approval from COUNTY must be secured if the property or the facility is 19 to be put to an alternate use that is or is not consistent with federal regulations governing CDBG funds; 20 (g) Should CITY desire during the five (5) year period to use the real property or the 21 constructed facility for a purpose not consistent with applicable federal regulations governing CD13G 22 funds or to sell the real property or facility, then. 23 (i) If CITY desires to retain title, it will have to reimburse either COUNTY or 24 the Federal government an amount that represents the percentage of current fair market value that is 25 identical to the percentage that CDBG funds initially comprised to when the property was acquired or the 26 facility was constructed; 27 (ii) If CITY sells the property or facility, or is required to sell the property or 28 facility, CITY is to reimburse the COUNTY an amount that represents the percentage of proceeds realized by the sale that is identical to the percentage that CDBG funds comprised of the monies paid to Cooperation Agr=mt For Community Development Block Grout and HOME Funds 2009.2012 Page 7 of 12 i 6 7 1 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 nitially acquire the property or construct the facility. This percentage amount will be calculated after leducting all actual and reasonable cost of sale from the sale proceeds. 7DBG FUNDS. 10, DISPOSrfION OF INCOME GENERATED BY THE EXPENDITURE OF CITY shall inform COUNTY of any income generated by the expenditure of CDBG Rinds received by CITY from COUNTY. CITY may not retain any program income so generated. Any and all program income shall be returned to the County and may only be used for eligible activities in accordance with all CDBG requirements, including all requirements for citizen participation. The COUNTY is required by HUD to monitor and report the receipt and use of all program income. CITY is required to track, monitor, and report any and all program income as requested by COUNTY. 11. TERMINATION. Except as provided for in Paragraph 2, CITY and COUNTY cannot terminate or withdraw from this Agreement while it remains irreffect. 12. FORMER AGREEMENTS UTILIZING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS BETWEEN COUNTY AND CITY. All agreements between CITY and COUNTY regarding the use of CDBG funds for fiscal years 1975-76 through 2007-2008, and any Supplemental Agreements there under, shall remain in full force and effect. If the language of this Agreement is in conflict or inconsistent with the terms of any prior said agreements between CITY and COUNTY, the language of this Agreement will be controlling. 13. INDEMNIFICATION CITY agrees to indemnify, defend and hold harmless COUNTY and its authorized officers, employees, agents, and volunteers from any and all claims, actions, losses, damages, and/or liability arising from CITY acts, errors or omissions and for any costs or expenses incurred by COUNTY on account of any claim therefore, except where such indemnifications is prohibited by law. CITY shall promptly notify COUNTY in writing of the occurrence of any such claims, actions, losses, damages, and/or liability. CITY shall indemnify and hold harmless COUNTY against any liability, claims, losses, demands, and actions incurred by COUNTY as a result of the determination by HUD or its successor that CoopemGon Agreement For Community Developm®t ffiock C-ul and HOME Fwds 2009-2012 16 Page 8 of 12 1 activities undertaken by CITY under the programs) fail to comply with any laws, regulations, or policies 2 applicable thereto or that any funds billed by and disbursed to CITY under this Agreement were 3 improperly expended. 4 14. COMPLIANCE wrm LAWS AND REGULATIONS, 5 By executing this Agreement, the Parties hereby certify that they will adhere to and 6 comply with all federal, state and local laws, regulations and ordinances. 7 15. ENTIRE AGREEMENT. 8 It is expressly agreed that this Agreement embodies the entire agreement of the Parties 9 in relation to the subject matter hereof, and that no other agreement or understanding, verbal or 10 otherwise, relative to this subject matter, exists between the Parties at the time of execution. 11 16. SEVERABILiTy. 12 Each paragraph and provision of this Agreement is severable from each other provision, 13 and if any provision or part thereof is declared invalid, the remaining provisions shall remain in full 14 force and effect. 15 17. ASSIGNMENT. 16 The Parties will not make any sale, assignment, conveyance or lease of any trust or 17 power, or transfer in any other form with respect to this Agreement, without prior written approval of the 18 other Party. 19 18. INTERPRETATION AND GOVERNING LAW. 20 This Agreement and any dispute arising hereunder shall be governed by and interpreted 21 in accordance with the laws of the State of California. This Agreement shall be construed as a whole 22 according to its fair language and common meaning to achieve the objectives and purposes of the Parties 23 hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting 24 Party shall not be employed in interpreting this Agreement, all Parties having been represented by 25 counsel in the negotiation and preparation hereof. 26 19. WAIVER. 27 Failure by a Party to insist upon the strict performance of any of the provisions of this 28 Agreement by the other Party, or the failure by a Parry to exercise its rights upon the default of the other Party, shall not constitute a waiver of such Party's right to insist and demand strict compliance by the Cooperation Agre=M For community Devalopmmt Block Okam and HOME Finds 2009-2012 Page 9 of 12 169 I other Party with the terms of this Agreement thereafter. 2 20. JURISDICTION AND VEIJLI. 3 Any action at law or in equity arising under this Agreement or brought by a Party hereto 4 for the purpose of enforcing, construing or determining the validity of any provision of this Agreement 5 shall be filed in the consolidated Courts of Riverside County, State of California, and the Parties hereto 6 waive all provisions of law providing for the filing, removal or change of verme to any other court or 7 jurisdiction 8 21. AMENDMENTS 9 No change, amendment or modification to the Agreement shall be valid or binding upon 10 CITY or COUNTY unless such change, amendment or modification is in writing and duly executed. 11 CITY and COUNTY agree to adopt any necessary amendments to this Agreement to incorporate 12 changes required by HUD as set forth in the Urban County Qualification Notice. Amendments must be 13 submitted to HUD as provided in the Urban County Qualification Notice and failure to do so will void 14 the automatic renewal for such qualification period. 15 22. AUTHORITY TO EXECUTE. 16 The persons executing this Agreement or exhibits attached hereto on behalf of the 17 Parties to this Agreement hereby warrant and represent that they have the authority to execute this 18 Agreement and warrant and represent that thhey have the authority to bind the respective Parties to this 19 Agreement to the performance of its obligations hereunder. 20 23. INCORPORATION OF RECITALS 21 The Parties hereby affirm the facts set forth in the recitals above. Said recitals are 22 incorporated herein and made an operative part of this Agreement. 23 24 25 26 SIGNATURES ON FOLLOWING PAGE 27 28 Cooperation Agreement For Community Development Block Gmnt end HOME Fords 2009-2012 Page 10 of 12 i70 ITV WITNESS WHEREOF, the COUNTY and CITY have executed this Agreement on the date Town below. ,=ST. dancy Romero ;lerk of the Board =ST: IV: City Clerk COUNTY OF RIVERSIDE By: Roy Wilson, Chairman Board of Supervisors CITY OF LA QUINTA By: Mayor Cooperation Agevneut For Community Development Black Grant and HOME Funds 2009-2012 Page 11 of 12 171 COUNCIL/RDA MEETING DATE: June 17, 2008 ITEM TITLE: Adoption of a Resolution of the City Council Requesting the County of Riverside to Place Collection Costs for Solid Waste Handling Services at Single -Family Dwellings on the Tax Rolls RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council requesting the County of Riverside to place collection costs for solid waste handling services at single-family dwellings on the tax rolls. FISCAL IMPLICATIONS: The residential rate increase represents a Consumer Price Index (CPI) increase of 3.28% to reflect ordinary charges in the cost of doing business plus a $1.39 per ton disposal (3.71 %) increase from July 1, 2006 through June 30, 2009. The total increase represents a $0.37 per month increase, for an annual fee of $140.28. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On May 15, 2007, the City of La Quinta ("City") adopted a Franchise Agreement with Burrtec Waste and Recycling Services, LLC ("Contractor") for Solid Waste Handling Services for the period of July 1, 2007 through June 30, 2016. The Franchise Agreement contemplates that, with respect to customers who the Contractor services at single-family dwellings, these costs will be collected on the tax rolls. The County Tax Assessor requires that each year the City Council adopt a Resolution authorizing the placement of costs for solid waste collection services on the tax rolls. Under consideration by the Council is a Resolution that will enable the County to place 113 collection for costs of solid waste handling services at single-family dwellings on the tax rolls. The Franchise Agreement does not give discretion to the City to grant increases. Rather, to ensure costs for services associated with the Agreement are not subject to Proposition 218, the Council no longer sets rates, and instead has only established a rate ceiling for service pursuant to its regulatory authority. Each year an automatic adjustment to the maximum rate ceiling for service set forth in the agreement will occur, so long as Burrtec is in compliance with the terms of the Franchise Agreement. The application of this automatic adjustment procedure is described below. In addition, the Franchise Agreement provides for an automatic annual adjustment to the rate ceiling for disposal if changes occur in the cost of disposal at the local landfill. The City has received correspondence from the Contractor requesting a Consumer Price Index (CPI) based charge increase (Section 24.3-Annual Consumer Price Index Adjustments to Service Component) for Fiscal Year 2008/2009 (Attachment 1). The rate increase to the rate ceiling is to reflect ordinary charges for doing business based upon the CPI. The CPI increase from March 2007 to March 2008 was 3.28%. In addition, the County of Riverside Waste Management Department approved an increase for disposal costs at the Edom Hill Transfer Station by $1.39 per ton on May 6, 2008, for a new total of $38.84 per ton. Section 24.4.1- Rate Guarantee, states notwithstanding any increase in the CPI, no annual increase to the maximum rates will exceed 103% of the lowest rate for "similar services provided to residents at single-family dwellings anywhere in the Coachella Valley. Based upon information provided by Burrtec, the lowest rate provided for similar services in the Coachella Valley is that in the City of Palm Desert. The proposed increase to the City's service component rate ceiling is within the 103% requirement and complies with Section 24.4.1. Inasmuch as the City no longer sets or approves rates, the following data demonstrating what the costs to be placed on the tax rolls for collection purposes is provided for informational purposes only (Attachment 2). The breakdown of the new charges for the tax rolls is as follows: I74 Single -Family Dwelling Maximum Maximum FY 2008-2009 Monthly Yearly One -Time Tax Rate Rate Roll Billing Reduction Service Component of Maximum Rate $8.69 Disposal Component of Maximum Rate $3.00 Total Rate $11.69 $140.28 $70.14 Additional Refuse Cart $6.16 $73.92 $36.96 Backyard Service - For first refuse and first recycling $5.81 $69.72 $34.86 carts/containers - For each additional cart/container $5.81 $69.72 $34.86 Surcharge for HOA's Desiring Monday 10% of Service 50% of Service Component surcharge This represents a yearly increase of $4.44 ($0.37 per month) on the tax rolls for residential collection (from $135.84 per year in Fiscal Year 2007-08 to $140.28 per year in Fiscal Year 2008-09). On February 19, 2008, the City Council unanimously approved an Amendment to the Exclusive Franchise Agreement for Solid Waste Handling Service with the Contractor to reconcile the differential of residential collection services previously billed by the Contractor on a calendar year basis to coincide with fiscal year tax roll collection. Prior to the Amendment, residents had been paying in advance for six months of service. City Council approved City staff and the Contractor's recommendation that residents only be charged for six months of services on the tax rolls for Fiscal Year 2008-2009, although they will receive a full year's worth of services. This represents a total monthly charge to affected tax roll billed residents of $5.85 and a yearly charge of $70.14. Commencing in the 2009-2010 Fiscal Year, residents will once again be charged on the tax rolls for a full twelve months of service. This one-time 50% reduction in residential collection service costs will not apply to residents at the Trilogy project who were directly reimbursed for the six-month advance payment for services by the Contractor within 30 days of approval of the Amendment. Should other customers be identified by the Contractor that fit the "Exception" parameters of Section 3 of the Amendment, the City Manager shall determine a proper customer credit option. The Franchise Agreement contemplates different maximum rates that will apply in the iIJ event tax roll billing does not occur for any reason. Should the City Council not adopt the proposed resolution, or should tax roll billing cease for any reason, per the Agreement (Section 13.1-1 General — Tax Roll Billing), the service component of the maximum monthly rate that may be charged by Burrtec will increase by $1.32 (from $8.69 to $10.01), for a total monthly rate of $13.01. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council requesting the County of Riverside to place collection costs for solid waste handling services at single-family dwellings on tax rolls; or 2. Do not adopt a Resolution of the City Council requesting the County of Riverside to place collection costs for solid waste handling services at single- family dwellings on the tax rolls; or 3. Provide staff with alternative direction. Respectfully submitted, g XL& Bret M. P umlee Assistant City Manager -Management Services Approved for submission by: /PZ" 4/_ Thomas P. Genovese, City Manager Attachments: 1. Burrtec Waste and Recycling, LLC letter dated May 15, 2008 2. HF&H Consultants, LLC Report ii0 RESOLUTION NO. 2008-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REQUESTING THE COUNTY OF RIVERSIDE TO PLACE COLLECTION OF COSTS FOR SOLID WASTE HANDLING SERVICES AT SINGLE FAMILY DWELLINGS ON THE TAX ROLLS. WHEREAS, the City Council of the City of La Quinta (City) wishes to ensure the uniform collection of rates for solid waste handling services at single family dwellings by placing collection thereof on the County of Riverside Tax Assessor's Tax Rolls, and WHEREAS, the attached Exhibit A sets forth the maximum rates that may be collected for solid waste handling services at single family dwellings in City pursuant to a franchise agreement with an Effective Date of July 1, 2007, entitled "Agreement Between The City of La Quinta and Burrtec Waste and Recycling Services, LLC, for Solid Waste Handling Services" and WHEREAS, the City Council of City has determined that applicable provisions, if any, of the provisions of Proposition 218 (Articles XIII C and XIII D of the California Constitution) have been satisfied in connection with the matters addressed by this Resolution; and WHEREAS, on February 19, 2008, the City Council approved an Amendment to the Exclusive Franchise Agreement for Solid Waste Handling Service to allow for a 50% reduction in residential tax roll billing for FY 2009 to reconcile advance payment for solid waste services by tax roll billed residents (as defined in First Amendment to the Solid Waste Handling Agreement, 2008). NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by the City Council of the City of La Quinta, California as follows: SECTION 1. The City Council hereby requests the Riverside County Tax Assessor to place collection ofposts for solid waste handling services at single family D dwellings in the City on the County's tax rolls. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this _day of , 2008, by the following vote: AYES: NOES: ABSENT: Clry Council Resolution No. 2008-_ Residential Waste Fee Schedule Adopted: .2008 Page 2 ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California APPROVED AS TO FORM: PATRICK MUNOZ, City Attorney City of La Quinta, California City Council Resolution No. 200E-_ Residential Waste Fee schedule Adopted: 2008 Page 0 CITY OF LA QUINTA REFUSE COLLECTION RATE AND DISPOSAL CHARGE TAX BILLING FY 08109- RESIDENTIAL PROPERTY Single -Family Dwelling Maximum Maximum FY 2008-2009 Monthly Yearly Rate One -Time Tax Rate Roll Billing Reduction Service Component of Maximum Rate $8.69 3.00 Disposal Component of Maximum Rate Total Rate 1$ 1.69 1$ 40.28 70.14 Additional Refuse Cart $6.16 73.92 3$ 6.96 Backyard Service - For first refuse and first recyclin $5.81 5.81 6$ 9.72 1072 $34.86 3$ 4.86 carts/containers - For each additional cart/container Surcharge for HOA's Desiring Monday 10% of Service Component 50% of surcharge Service Basic Additional Cha Service Charge for Each Adr Per Section 8.2 3 Surchage for HOA's De 'The maximum rates or Refuse Carts, including Deleted: i 7 '9 / ee :nn ES '`Y✓e'ii :rake Care Qf zt" May 15, 2008 Mr. Tom Genovese City Manager City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 RE: Refuse Rate Adjustment Dear Mr. Genovese, ATTACHMENT 1 HAND DELIVERED In accordance with Section 24 of the Agreement for Solid Waste Services, Burrtec respectfully requests a rate adjustment. The increase in the Consumer Price Index (CPI) for the period March 2007 to March 2008 was 3.28% (index attached). The Riverside County Waste Management Department has requested a rate increase at the Edom Hill Transfer Station (Please see attached). The rate increase is going from $37.45 a ton to $38.84 a ton. Please find the attached rate sheets reflecting the 3.28% CPI increase and the 3.7% disposal increase. Section 24.3 in the new franchise agreement states that "The City Manager shall approve such a request unless he determines, based upon substantial evidence, that the requested adjustment to the maximum rate does not meet the requirements as set forth." I wanted to bring this Section to your attention as this is a change from past adjustments where the City council was required to approve the rate increase. I am available at your convenience to discuss the increase. 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N a o d v d m o < w u 0 ode °'�$ym MM c U U c t m= U N U U U�dE wc» w o W o T O) O O H 0 C 17 m « � Q O U 0 0 o a m 0 B U q O m po O� �o � d u E C 'oa m d d � � O C � � 's Cro c i a 6 E E Lm p d m y U G(i G W i U 4 --.<..... v. a.dvUl NZIUSLICS Lata Page 1 of 1 ''•�•a• l�n€3 <]i'i'9i'I <?➢�.� +39" I.,:i>s3 i' � i.3ureau of tabor S,1a8isY:cs Change Output Options; FI. 1998 m 2008 "D include graphs rvewi Series Id: CUUM4215A0, CGL';A42:;;AC Not SeasonaliY Adjusted Area: Les Anneles-Hlverslde-0ra,,ge Item: Ail items y- G>unty, CA sees Period: 1982-$1.-100 ,f J 161,0 161.1 1161.4 1161.8 1162.3 162.2 1621 1162 1._ I :,.,I YII� 67.9 74.2 169.3 175.4 170.7 176.2 170.6 176.6 171.1 177.5 171.0 178.9 171.7 172.2 173.3 173.8 173.5 173.5Wl 78.9 180.1 181.1 182.2 182.6 181.9 178.3 178.4 178.8 178.3 178.1 177.1 95.2 186.5 188.2 187.6 186.4 IRA 182.2 1.< 183.0 ...�., 183.4 .___ 183777.1 .___ 'iI) 3ock to Yop 199.2 1.1 rdw.dol.,ov i : r; :o onnror.,.+x,o„ I as r•i:.momr e�r.or I v x,Nee ra�:mx,<... �,.� "I<„+l�e.mn..na conv: no: n:m..o.rc,mx l,•«u �.�mley xrr.:<n�mal Ovaul n,�<ss,o� i .;,no, .nnmxonx> U.5 ¢arena aLaberit. cistle.: .,.,Y•'1.J1:: ':.:..:� :...: .. v; i �.'%:..',.J •: �� n ,� II.IP,] :el•t .:[i,::x_ J. 0 iti 17;i rfa:a.bl:;.s?ov:'PC:Q'' i I !:Cl 11CI; S1i{"VC (lilt iliY�CfV IC('. d2i(a Ql`I-GIO 7lli:: )a.LSCI"IDS ICI-�Y: (!,,, �j j,1r SUBMITTAL TO THE BOARD SUPERVISORS COUNTY OF RIVERSIDE, STA FEOF CALIFORNIA FROM: Waste Management Department Q) SUBMITTAL DATE: �a 6-.4aFi�v 2 SUBJECT: Introduction and Approval of Requested Gate Fee Increase atom Hill Transfer Station RECOMMENDED MOTION: That the Board of Supervisors 1. Introduce the requested Gate Fee changes at Edom Hill Transfer Station (EHTS) as proposed by Buntec, Inc. in accordance with the Master Lease Agreement (the Agreement) related to operations at the EHTS and entered into on November 5, 2002; 2. Set a date of June 3, 2W8 for public hearing regarding the gate fee rate increase for EHTS; 3. Direct the Clerk of the Board to advertise the public hearing through public notice for a minimum Of fourteen (14) days pursuant to Section 5 d 1 of the Agreement; and 4. Approve the requested EHTS be effective July 1, 2008 gate fee increase eat the close of the June 3, 2008 public hearing to BACKGROUND: On November 5, 2002, the County entered into an agreement with Weyte Management of the Desert (WMOD) to develop, construct, and operate a transfer station at the Edom Hill landfill site once the landfill Dosed. The Edoln Hill landfill closed in November 2004, and the transfer station began operation at that time. WINOD sold their rights in the agreement to Burrtec, Inc. in 2006. (Continued) ans W. Kernkamp, General Manager-Chlef Engineer FINANCIAL Current F.Y. Total Cost: $ N/A In Current Year Budgek DATA Annuacurrenl F.Y. Net County Cost; $ N/A Budget Adjustment: N/A A Annual Net County Coat: ' $ N/A For Fiscal Year. No OURCE OF FUNDS: Not applicable — 2008 Poa ..one To Be Deleted per A 30 0 A.D. RECOMMENDATION: Requires 4/6 Vote [j runty Executive Office Signature 4 lAgenda Number: Form 11 (Rov 66/2oo3) 1 U O 00CS_GENERAL43408s.v6 F11- Introduction and Approval of Requested Gate Fee Increase at Edom Hill Transfer Station April 24, 2008 Page 2 Part of the Agreement between the County and Burrtec, Inc., as Lessee, is that the County Board of Supervisors will approve any gate fee changes following public hearings. On April 17, 2008, Burrtec, Inc., wrote the Waste Management Department to communicate their intent to request a rate increase as outlined in the Agreement. Pursuant to Section 6(b) of the Agreement, the Waste Management Department, on behalf of Burrtec, Inc., is presenting the request to the Board of Supervisors for action. The gate fee at Edom Hill Transfer Station is made up of four component parts. The recapture of the capital investment (i.e. the Facility Element) and the City Mitigation Fee are set by contract. The Disposal Fee element is based on the long term hauling contract that Burrtec, Inc. has with the County and Is increasing effective July 1, 2008 by that contract's allowable Consumer Price index (CPI) increase. The Operating & Transport Element is the only component that Buntec, Inc. can increase on an annual basis. The maximum increase allowable in any one year is equal to 80% of the percent change in the CPI for all Urban Consumers for the Los AngeloWAnahehn/Riverside Metropolitan Area as published by the United States Department of Labor, Bureau of Labor Statistics for the twelve month period ended December 31 of the year prior to the July 1 effective date. For July 1, 2008, the maximum percent increase in the gate fee based on 80% of the change in CPI on December 31, 2007 is 3.3%. The requested per ton Gate Fee change is as follows: Gate Fee Components Gate Fee per Lease Agreement July 1, 2007 Increase based on allowable 2007 CPI " Total Proposed Gate Fee effective July 1, 2008 Facility Element $ ,89 Not applicable $ .89 Operating & Transport Element: $10.29 $.34 $10.63 Disposal Fee" $25.27 Not applicable $26.32 City Mitigation Fee $ 1.00 Not applicable $ 1.00 Total: $37.45 $38.84 " CPI increase for 2007= 1+ ((219.4 - 210,6)1210.6)=1.04166 Percent change = 4.166% Maximum allowable (80%) = 3.33% The Riverside County Waste Management Department is planning to implement an increase in the landfill disposal fees equal to the LA/Orange/Riverside Metropolitan Area CPI annual change (Dec. 31, 2007) of 4.166% on July 1, 2008. Foam 71 (Ray W2003) COCC GENERALit34085-v6 107 HF.H'CONSULTANTS LLC ;" 3990 Westerly Place, Suite 195 Newport Beach, California 92660 Telephone: 949/251-8628 Fax: 949/251-9741 www.hJh-cowu1tants.com June 10, 2008 - Advisor ATTACHMENT 2 Mr. Bret Plumlee Assistant City Manager, Management Services City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, California 92253-1504 Robert D. Hilton, CMC John W. Farnkopf, PE Laith B. Ez et, CMC Richard Simonson Review of Burrtec Waste and Recycling Services, LLC's Fiscal Year 2009 Rate Increase Request Dear Mr. Plumlee: We have completed our review of Burrtec Waste and Recycling Services, LLC's ("Burrtec") letter dated May 15, 2008, requesting a rate increase for Fiscal Year 2009 and the accompanying documentation. REQUESTED INCREASE Burrtec is requesting a routine increase consisting of two components: • A 3.28% rate increase to the service component of the total rate to become effective July 1, 2008 (100% of the increase in the Consumer Price Index for the Los Angeles - Riverside -Orange County area between March 2007 and March 2008) • A disposal cost increase effective July 1, 2008, as a result of the Edom Hill Transfer Station tipping fee increase from $37.45 to $38.84 per ton. SUMMARY OF FINDINGS The regular CPI and disposal cost adjustments are warranted, although the Burrtec request contained minor rounding differences in the commercial service components when compared to HF&H calculations. Updated Fiscal Year 2009 rate schedules, and the rate adjustment calculations, including the corrected commercial calculations, are contained in Exhibits 1, 2, and 3. LU� =E`er Advisory Services to Municipal Management Mr. Bret Plumlee June 10, 2008 Page 2 of 9 TASKS PERFORMED In order to complete the review of the requested rate increase, we performed the following tasks: • We reviewed the requested increases for consistency with the rate adjustment provisions of the Amended and Restated Agreement for the Collection, Transfer and Disposal of Municipal Solid Waste between Burrtec and the City of La Quinta ("Agreement"). • We verified that Burrtec used the correct Consumer Price Index and statistics for March 2007 and March 2008. • We verified that the disposal cost components were accurately calculated based on the new tipping fees that were approved by the Riverside County Board of Supervisors on May 6, 2008. • We reviewed the mathematical accuracy of the service component and dump component calculations for Burrtec's proposed rates. DETAILED FINDINGS Based on the work performed we found that: 1. The rate increase due to Burrtec is 3.28% for the service component (100% of the increase in the Consumer Price Index for the Los Angeles -Riverside -Orange County area between March 2007 and March 2008); and, $1.39 per ton disposal fee increase due as a result of the increase in the tipping fee at Edom Hill Transfer Station. 2. Section 24.4.1 of the Agreement requires that the City of La Quinta's residential rate does not exceed 103% of the lowest rate charged to cities in the Coachella Valley with "similar services," as defined in the Agreement. Further, the City of La Quinta's residential rate may in no instance be higher than the rate for more than one other city in the Coachella Valley with "like services." The City of Palm Desert has the lowest single-family residential service rate among Coachella Valley cities with residential collection services similar to the City, and the adjusted single-family rate for the City of La Quinta ($11.69) did not exceed 103% of the City of Palm Desert. Advisory Services to Municipal Management Mr. Bret Plumlee June 10, 2008 Page 3 of 9 We appreciate the opportunity to have assisted the City of La Quinta. If you have any questions, please call us at 949/251-8628. Very truly yours, Laith B. Ezzet Senior Vice President Exhibits: 1. Single Family Rate Adjustment Calculations 2 Commercial Bin Rate Adjustment Calculations 3 Roll -Off Rate Adjustment Calculations Debbie Morris Senior Associate L90 EXHIBIT 1 RESIDENTIAL RATES EFFECTIVE JULY 1, 2008 Includes 100% of CPI Increase on Service Component and Transfer Station Tip Fee Increase on Disposal Component Service Disposal AB 939 Single Family Dwellings Component Component Fees Total Automated or Manual Collection - Tax Roll Billing $ 8.08 $ 3.00 $ 0.61 $ 11.69 Automated or Manual Collection - Direct Billing $ 9.40 $ 3.00 $ 0.61 $ 13.01 Additional Refuse Cart $ 6.16 $ 6.16 Cart Replacement (Per Secton 8.1.8 (F)) - one time fee $ 51.64 $ 51.64 Backyard Service Basic Additional Charge for Backyard Service $ 5.81 $ 5.81 Charge for Each Additional Cart/Container Per Section 8.2.3 $ 5.81 $ 5.81 Surchage for HOA's Desiring Monday Service 10% of Service Component *The maximum rates on this sheet shall apply to all Customers receiving Automated Service utilizing Refuse Carts, including specifically such Customers (if any) at Commercial Premises. SERVICE COMPONENT CALCULATIONS FOR JULY 1, 2008 Includes 100% of CPI Increase on Service Component CPI increased 3.28% Service Service Single Family Home/Townhouse Condominium/Mobile Component Component New Service Home Approved Increase Component August2007 Automated or Manual Collection - Tax Roll Billing $7.82 $0.26 $8.08 Automated or Manual Collection - Direct Billing $9.10 $0.30 $9.40 Additional Refuse Cart $ 5.96 $0.20 $6.16 Cart Replacement (Per Secton 8.1.8 (F)) - one time fee $ 50.00 $1.64 $51.64 Backyard Service Basic Additional Charge for Backyard Service $ 5.63 $0.18 $5.81 Charge for Each Additional Cart/Container Per Section 8.2 $ 5.63 $0.18 $5.81 Surchage for HOA's Desiring Monday Service 10% of Service Component DISPOSAL COMPONENT CALCULATIONS FOR JULY 1, 2008 Includes Transfer Station Increase Transfer Station Disposal Rate Increase from $37.45/ton to $38.84/ton Dump Fee, in Increase for New Dump Single Family Home/Townhouse rates Transfer Fee Condominium/Mobile Home approved 2007 Station Fee Component Increase Automated or Manual Collection - Tax Roll Billing $2.89 $0.11 $3.00 Automated or Manual Collection - Direct Billing $2.89 $0.11 $3.00 EXHIBIT 2 COMMERCIAL BIN RATES EFFECTIVE JULY 1, 2008 Includes 100% of CPI Increase on Service Component and Transfer Station Tip Fee Increase on Disposal Component 2 Yard Bin Service Proposed Rates Pickups Per Week Service Component AB 939 Disposal Component Monthly Customer Rate 1 $ 55.35 $ 3.88 $ 22.60 $ 81.83 2 $ 96.41 $ 7.76 $ 43.08 $ 147.25 3 $ 135.46 $ 11.63 $ 63.69 $ 210.78 4 $ 174.29 $ 15.51 $ 84.12 $ 273.92 5 $ 213.19 $ 19.39 $ 100.43 $ 333.01 6 $ 252.38 $ 23.28 $ 124.95 $ 400.61 Extra Empty* $ 30.59 $ 5.65 $ 36.24 3 Yard Bin Service Proposed Rates Pickups Per Week Service Component AB 939 Disposal Component Monthly Customer Rate 1 $ 69.47 $ 5.82 $ 32.37 $ 107.66 2 $ 119.57 $ 11.63 $ 62.49 $ 193.69 3 $ 168.59 $ 17.45 $ 91.77 $ 277.81 4 $ 213.95 $ 23.27 $ 120.97 $ 358.19 5 $ 262.19 $ 29.07 $ 150.84 $ 442.10 6 $ 308.80 $ 34.89 $ 179.86 $ 523.55 Extra Empty* $ 41.67 $ 8.09 $ 49.76 4 Yard Bin Service Proposed Rates Pickups Per Week Service Component AB 939 Disposal Component Monthly Customer Rate 1 $ 95.00 $ 7.76 $ 43.60 $ 146.36 2 $ 148.60 $ 15.51 $ 82.03 $ 246.14 3 $ 204.23 $ 23.27 $ 120.30 $ 347.80 4 $ 260.05 $ 31.01 $ 159.00 $ 450.06 5 $ 312.85 $ 38.76 $ 197.16 $ 548.77 6 $ 364.41 $ 46.51 $ 235.13 1 646.11 Extra Empt * $ 56.45 $ 10.90 $ 67.35 6 Yard Bin Service Proposed Rates Pickups Per Week Service Component AB 939 Disposal Component Monthly Customer Rate 1 $ 142.52 $ 11.63 $ 64.85 $ 219.00 2 $ 222.90 $ 23.27 $ 124.50 $ 370.67 3 $ 306.28 $ 34.89 $ 182.67 $ 523.84 4 $ 390.35 $ 46.51 $ 240.86 $ 677.72 5 $ 469.29 $ 58.14 $ 300.09 $ 827.52 6 $ 546.73 $ 69.78 $ 357.68 1 974.19 Extra Empty* $ 84.25 $ 16.21 $ 100.46 *Meaning occasional calls for extra service, or "emptying" of Bin Customers desiring a locking Bin may be charged a one time chage of up to $59.33 to add a locking bar to their Bin, and are subject to a charge not to exceed $22.82 each time the locking bar needs replacement. The Service Component for Customers receiving services less than 6 times per week and who desire service on Saturday may be increased by an amount to not to exceed $24.66. The montly Service Component for Customers who keep Bins in locked enclosures may be increased by an amount not to exceed $17.18 The monthly Service Component for Customers who keep Bins in a location requiring Contractor to move them more than 20 feet for collection purposes may be increased by an amount not to exceed $30.41 2-1 :i92 COMMERCIAL BIN SERVICE COMPONENT CALCULATIONS FOR JULY 1, 2008 Includes 100% of CPI Increase on Service Component CPI increased 3.28% 2 Yard Bin Service Pickups Per Week Service Component 7/1/07 Increase Service Component 711/08 1 $ 53.59 $ 1.76 $ 55.35 2 $ 93.35 $ 3.06 $ 96.41 3 $ 131.16 $ 4.30 $ 135.46 4 $ 168.75 $ 5.54 $ 174.29 5 $ 206 42 $ 6.77 $ 213.19 6 $ 244.36 $ 8.02 $ 252.38 Extra Empty $ 29.61 $ 0.98 $ 30.59 3 Yard Bin Service Pickups Per Week Service Component 7/1/07 Increase Service Component 7/1/08 1 $ 67.26 $ 2.21 $ 69.47 2 $ 115.77 $ 3.80 $ 119.57 3 $ 163.23 $ 5.36 $ 168.59 4 $ 207.15 $ 6.80 $ 213.95 5 $ 253.86 $ 8.33 $ 262.19 6 $ 298.99 $ 9.81 $ 308.80 Extra Empty $ 40.35 $ 1.32 $ 41.67 4 Yard Bin Service Pickups Per Week Service Component 711/07 Increase Service Component 7/1/08 1 $ 91.98 $ 3.02 $ 95.00 2 $ 143.88 $ 4.72 $ 148.60 3 $ 197.74 $ 6.49 $ 204.23 4 $ 251.79 $ 8.26 $ 260.05 5 $ 302.91 $ 9.94 $ 312.85 6 $ 352.89 $ 11.58 $ 364.47 Extra Empty $ 54.66 $ 1.79 $ 56.45 6 Yard Bin Service Pickups Per Week Service Component 7/1/07 Increase Service Component 7/1/08 1 $ 137.99 $ 4.53 $ 142.52 2 $ 215.82 $ 7.08 $ 222.90 3 $ 296.55 $ 9.73 $ 306.28 4 $ 377.95 $ 12.40 $ 390.35 5 $ 454.38 $ 14.91 $ 469.29 6 $ 529.36 $ 17.37 $ 546.73 2-2 193 COMMERCIAL BIN DISPOSAL COMPONENT CALCULATIONS FOR July 1, 2008 Includes Transfer Station Increase Transfer Station Disposal Rate Increase from $37.45/ton to $38.84/ton 2 Yard Bin Service Pickups Per Week 7/1/07 Increase 7/1/08 1 $ 21.79 $ 0.81 $ 22.60 2 $ 41.54 $ 1.54 $ 43.08 3 $ 61.41 $ 2.28 $ 63.69 4 $ 81.11 $ 3.01 $ 84.12 5 $ 96.84 $ 3.59 $ 100.43 6 $ 120.48 $ 4.47 $ 124.95 Extra Empty $ 5.45 $ 0.20 $ 5.65 3 Yard Bin Service Pickups Per Week L)isposal Componentisposa 7/1/07 Increase omponen 7/1/08 1 $ 31.21 $ 1.16 $ 32.37 2 $ 60.25 $ 2.24 $ 62.49 3 $ 88.49 $ 3.28 $ 91.77 4 $ 116.64 $ 4.33 $ 120.97 5 $ 145.44 $ 5.40 $ 150.84 6 $ 173.42 $ 6.44 $ 179.86 Extra Empty $ 7.80 $ 0.29 $ 8.09 4 Yard Bin Service Pickups Per Week sposa omponent 7/1/07 Increase Uisposal Component 7/1108 1 $ 42.04 $ 1.56 $ 43.60 2 $ 79.09 $ 2.94 $ 82.03 3 $ 115.99 $ 4.31 $ 120.30 4 $ 153.31 $ 5.69 $ 159.00 5 $ 190.10 $ 7.06 $ 197.16 6 $ 226.72 1 $ 8.41 $ 235.13 Extra Empty $ 10.51 1 $ 0.39 $ 10.90 6 Yard Bin Service Pickups Per Week sposa omponenT 7/1/07 Increase usposal uornponent 7/1/08 1 $ 62.53 $ 2.32 $ 64.85 2 $ 120.04 $ 4.46 $ 124.50 3 $ 176.13 $ 6.54 $ 182.67 4 $ 232.24 $ 8.62 $ 240.86 5 $ 289.35 $ 10.74 $ 300.09 6 $ 344.88 1 $ 12.80 1 $ 357.68 2-3 194 EXHIBIT 3 ROLLOFF BOX AND TEMPORARY SERVICE RATES EFFECTIVE JULY 1, 2008 Includes 100% of CPI Increase on Service Component and Actual Disposal Costs Rolloff Box Size Standard 20 yard box $ 106.10 per pull plus $13.10/ton of Solid Waste Collected Standard 30 yard box $ 145.91 per pull plus $13.10/ton of Solid Waste Collected Standard 40 yard box $ 170.81 per pull plus $13.10/ton of Solid Waste Collected Service Component for Rolloff Compactors is three times the per pull rate for the same size Rolloff Box, $13.10 per ton of Solid Waste Collected the Service Component for a 40 yd. Compactor is: 3 x $ 170.81 = $ 512.43 +$13.10/ton) cposal Component: Actual Amount Charged to Contractor for Disposal RY SERVICE USING BINS Service utilizing a 3yd Bin is subject to a maximum rate; comprised only of a Service Component, of $ 109.38 g by Contractor Service utilizing a 4yd Bin is subject to a maximum rate, comprised only of a Service Component, of $ 119.89 g by Contractor Temporary Service Delivery Charge Bins and Rolloff Boxes used for Temporary Services 3-1 i�J ROLLOFF BOX AND TEMPORARY SERVICE SERVICE COMPONENT CALCULATIONS FOR JULY 1, 2008 Includes 100% of CPI Increase on Service Component CPI Increased 3.28% ROLL OFF BOXES Roll Off Box Size Service Component 7/1/07 Increase Service Component 7/1/08 20 yard $ 102.73 $ 3.37 $ 106.10 30 yard $ 141.27 $ 4.64 $ 145.91 40 yard $ 165.38 $ 5.43 $ 170.81 TEMPORARY SERVICE Bin Size Service Component 7/1/07 Increase Service Component 7/1/08 3 yard $ 105.90 $ 3.48 $ 109.38 4 yard $ 116.08 $ 3.81 $ 119.89 Delivery Charge $ 18.10 $ 0.59 $ 18.69 3-2 lid Twit 4.fwQumrw COUNCIL/RDA MEETING DATE: June 17, 2008 ITEM TITLE: Consideration of Appointments to Various City Boards, Committees, and Commissions RECOMMENDATION: Approve the selection of: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 1) One appointee to a two-year term on the Architecture and Landscape Review Committee; and 2) Three appointees to two-year terms on the Community Services Commission; and 3) Three appointees to two-year terms on the Planning Commission. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Clerk's Department published a notice in The Desert Sun on April 14, May 5 and 19, 2008, and in the Public Record on April 22 and May 13, 2008, notifying the public of the expiring terms for -City Boards, Commissions and Committees. All members of Boards, Commissions and Committees whose terms are expiring this year 197 were invited to reapply. The deadline for receiving applications was May 23, 2008, at 5:00 p.m. The following Boards, Commission and Committees will have vacancies as of June 30, 2008: 1. Architecture and Landscape Review Committee - The terms held by Commissioners Jason Arnold and Ronald Fitzpatrick are not scheduled to expire until June 30, 2009. The term currently held by Commissioner Bill Bobbitt is scheduled to expire on June 30, 2008. An application has not been received from Mr. Bobbitt for reappointment. Applications have been received from Chuck Cooper, Larry Pughe, R. Michael Robinson, Ray Rooker, and David Thorns. There is currently one (1) vacancy. (Attachment 1) 2. Community Services Commission - The terms for Commissioners Andrea Gassman and Robert Leidner are not scheduled to expire until June 30, 2009. The terms currently held by Commissioners E. Howard Long, Robert Sylk, and Mark Weber are scheduled to expire June 30, 2008. Commissioners Long and Sylk have submitted applications for reappointment. Additional applications have been received from Joan Biegel, Anne Chicoine, Rosemarie Darroch, Kathleen Fitzpatrick, Lucy Moreno (application received after the deadline), Larry Pughe, and Kent Stallman. There are currently three (3) vacancies. (Attachment 2) 3. Planning Commission - The terms for Commissioners Paul Quill and Robert Wilkinson are not scheduled to expire until June 30, 2009. The terms for Commissioners Ed Alderson, Katie Barrows, and James Engle will expire on June 30, 2008. Mr. Alderson and Ms. Barrows have submitted applications for reappointment. Attached are additional applications received from Frank Blum (application received after the deadline), Brent Clemmer, H: Stone James, Thomas Lindstrom, Larry Pughe, R. Michael Robinson, Kent Stallman, and Mark Weber. There are currently three (3) vacancies (Attachment 3). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the selection of one appointee to a two-year term on the Architecture and Landscape Review Committee; three appointees to two-year terms on the Community Services Commission; and three appointees to two-year terms on the Planning Commission; or 1J3 2. Do not approve the selection of one appointee to a two-year term on the Architecture and Landscape Review Committee; three appointees to two-year terms on the Community Services Commission; and three appointees to two- year terms on the Planning Commission; or 3. Provide staff with alternative direction. Resp tfully submitted, )Ye ronica J. ontecino, City Clerk Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Attachments 1 - Architecture & Landscape Review Committee Applications 2. Attachments 2 - Community Services Commission Applications 3. Attachments 3 - Planning Commission Applications ATTACHMENT Chuck Cooper Environmental Planning + Design May 14, 2008 TO: ARCHITECHTURE & LANDSCAPE REVIEW COMMITTEE FROM: CHUCK COOPER SUBJECT: TO SERVE ON THIS COMMITTEE I am genuinely enthused by the position posting on the Architecture & Landscape Review Committee. It is an ideal match for my interest, skills, and background well as focusing my expertise and motivation in La Quinta. I offer a unique combination of skills and a proven track record illustrated by some of my credentials and core work values below: Solid background in design Years of experience reading construction drawings and plans Big -picture thinker coupled with strong tactical execution skills Idea generation, effective implementation and problem solving Ability to adapt and translate skills into multiple environments Professional demeanor with service -oriented attitude Team oriented. I would welcome a personal interview to explore how my strengths and successes can benefit the Architectural & Landscape Review Committee. Thank you for your time. Sincerely, u Chuck Cooper 81720 Daniel Drive La Quiff CA 92253 T 760.771.4309 F 760.771.4857 C 760.898.2866 cavderDdc.rr.mm 2J13 Date: RECEIVED CITY OF LA QUINTA APPLICATION TO SERVE ON E(Y OW10A Pal J 20 ARCHITECTURAL AND LANDSCAPIN, „I l Y ; ; y COMMITTEE G! =,r Cc )'_.�itf_ NAME: HOME ADDRESS: TELEPHONE: (HOME) ;VOO -M- 4 0 BUSINESS: 7%0'��/'4•01 &VI" 1'60 699 EMAIL: C�°2ZD ®OC•.P�•C6H FAX: Ite •7.7/"4�67 BUSINESS ADDRESS: G,+ 410"A;M IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD: LENGTH OF RESIDENCE IN LA QUINTA: 'iejIL vas HAVE YOU EVER ATTENDED A MEETING OF THIS COMMITTEE? A/O Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. E SEE if -)mfifED � JHE- 2. RACAfl7-*4r&' o&, f"WAZ!:, W &AfN17/'E� d. i9'r AA400Ar1 71-'E ON 7WE ,Q6Yi6�Yi �flLl� %IFL . 7~- JF-� Ar amw taut —Pr'HoErwce7 60NPy5. ,0A1 ,dW416AI APPLICATION, ARCHITECTURAL & LANDSCAPING REVIEW COMMITTEE PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Architectural & Landscaping Review Committee. 70 seieyE 45 -o,v /,f-Oyrsoeil 60,�_X % e,WHI.4�y6Aof B.V A61Wic/u ¢Fco.vEr�.vo.Friaus e��.Q,toiNb What specific issues or problems face the La Quinta Architectural & Landscaping Review Committee and do you have any suggestions to address those issues or problems? Tv N/aL� SU2Fi Tlf�iLFi IS AE4/44-R! /N7294&7 f !N W-65 45561k T�A)G 6!27 What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Architectural & Landscaping Review Committee? $� R65vNE ehz�t � gwl ,A0y<4'1d's PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78.495 CALLE TAMPICO LA QUINTA, CA 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT ellChuck Cooper RESUME 81720 Daniel Drive, la Quints CA 92253 T 760.771A309 /F 760.771A857/C 760.898.2866 ccrvder(adc.rr.com EDUCATION 19S4-1957 Ihdver tyofOmloredo aa,ww, OD 1957-1960 Parsons School of Design New York, MY 19" —1961 Mdwft of Panic, Sorbomw Pais, France BFA, 8m&Gnmwdal Design/Humanities; MFA, ArChItectund Design ewbmshm bob ng in I in ng, drawing and nradekg architectural plans, InterlorfanchPoectural and tadarape environmerds. PROFESSIONAL HISTORY 2004—Presort Chuck Cooper ByhomamWlDesign 2001— 2003 M3 Los Angeles, CA 19M— 2001 Hawetb, Inc. Los Angeles, CA 19" —1995 00" Xntematiaral Los Ange1M CA 1963 —19W Herman Miller, Dm Washinglo% DC Denver, OD Los Angola%CA 1961-1962 Dayton's Department Store tBmheaPolt, MN Published In Palm Sprbgs Ufa (llastrre article), Removedon Stylq, Santa Fe Magad ne and LMeriar Design Magazine, among TEACHING HISTORY UnhmmRy of Minnesota at Mbaospolls - Dd erbr Design University of CaliPomis at tar Angeles—linvirwmnental Design Umivesity of Patin Desmt Campus— Perapectivo in Comeptuai DrawAng Colorado State thdversky, Fart Collins— Intsdor Design Hiscalla mum smnlaas at demon M®er, Knoll Dnternabonal and Haworth, Inc—bdorlor Dedg% Corporation Interior Des[M S Mbddnp and Coweptnal Drawing PERSONAL Horned, seer living in Trilogy at La QuInbk m*rjIng fife; interested in boob.®, horses, Harlefs,. hiking, the outdoes, environmental Issues and people Rderehces and landscape renderings avapetde upon request 203 P nterior designer Chuck Cooper had '° W"u. every intention of retiring when he moved to the desert full time from r Los Angeles one year ago. He really did. He thought about volunteering at a veterinarian's office, putting his years of experience raising dogs and horses to good use. But then he tore up his back yard ' in Mission Hills Country Club and redid . .;..� the landscaping. A neighbor, impressed by the changes, asked Cooper to look at his yard. One job led to another, and now y Cooper is again busy with clients and 'S sketchbooks and blueprints, pursuing _ landscape architecture as yet another facet of his extensive design career. Cooper now lives at Trilogy in La Quinta with his wife, Lisa, a corporate relocation specialist. At age 69, he is taking landscape classes and mulling over the possibility of getting another MFA (he has one in architectural design) in that subject "I do the studying and the designing to keep my brain active," says Cooper. "I've always loved plants and flowers and always wished that I had gotten a degree in landscape architecture." His resum6 (the one that never made it to any veterinarian's office) details a far-flung career that took him from the Parsons School of Design in New York City to the Sorbonne in Pans to the forefront of modern design for Herman Miller, Haworth, and Knoll International furniture companies. Design expertise befitting the White House and wheel houses STORY BY ALLISON ENGEL PHOTOGRAPHY BY TAYLOR SHERRILL February 2005 1 Home B9 fter decades of working for the big guns of rmdcentury design, one might think it was Palm Springs' modern architecture that lured him to the desert. One would be wrong It was the weather, specifically the lack of snow, and rain, and salt that wrecks havoc on automobile exteriors. Cooper is, as he freely admits, compulsive about his vehicles and works hard to maintain them in mint condi- tion. He spent years taking a much -decorated 1957 Porsche Speedster to competitions, and now owns a completely modified Harley- Davidson Sportster motorcycle, a newer Jaguar, and, appropriately, a Mini Cooper. "I moved here for my cars," he says some- what sheepishly. His understanding of luxury vehicles and interior space planning made him an obvious choice for a recent project, the redesign of a 45-foot-long Prevost Marathon Coach at the tony Desert Shores Motor Coach Resort in Indio. The nearly 13- foot-high motor coach with gleaning stainless steel -accented exterior now has a completely custom interior Cooper had creamy tan Ultrasuede panels installed on the ceiling, and put in a custom glass insert between the bedroom and Irving areas. He replaced the prosaic dinette set with a pear wood banquette and black leather seats piped in gray Ultrasuede. Solid display shelves were replaced with Plexiglas to better showcase artwork. The motor coach belongs to his friends Jerry and Tamara Schneider of Florence, Ore., who recently purchased a 1,200- square-foot casita at Desert Shores. Cooper re -did the motor coach, refurbished the With five children, 10 .grandchildren, a new career in landscape design, and anew location in the desert, "people tell me that I am the luckiest person, and I admit it." — Chuck Cooper casita interior (including carpeting the garage), and completely redesigned and oversaw installation of the landscape, adding curbing, a dog run, new sculptures, and interesting plant material. For the casim's back yard, which features a spa, patio, and mountain views, Cooper mounded the earth around the pano 14 inches high, so the plants could be seen and enjoyed when the Schneiders were seated. Huge glazed pots were filled with exotic succulents, most of which he purchased from the nursery at The Living Desert, a favorite source of his. "The Living Desert has a lot of rare stuff from South America and Mexico, and you know the plants will be healthy," Cooper says. He filled the fire pit with sand instead of lava rock for more drama. "With sand, the fire dances all over the surface," he explains. The entire project — the motor home, casita interiors, and new landscaping — was done in four weeks flat. The casita interiors alone were completed in five days. "He's a wild man when he gets going on a project," says Schneider, who has known Cooper for 25 years. "Chuck is so quick," says Schneider. "He'll sketch as we walk through a project, and when we're finished walking, he has two drawings to show you. He's a phenomenal talent," says Schneider. Schneider, who had his own commercial interiors company and spent years as a contractor rehabbing tired shopping centers, knows a flung or two himself about construc- tion and design. But he had no qualms turning all the details over to Cooper. "It's better to step back and bring in someone in your industry you respect." H10 Home I February 2005 Cooper provides clients with several conceptual sketches right away so they can ooper says he likes to provide clients with several conceptual sketches right away so they can quickly get down to specifics. He has always been a fast worker. There was the time in 1962, when he was 26, that he entered a professional design competition sponsored by Celanese Fibers, and spent exactly one week on his entry. His design for "a male retreat" with unusual Roman shades that slid up or down wooden poles won a national award, gamering articles in Interior Design magazine, The New York Times, and other publications. After that, fellow design student Angelo Donghia helped him get his first interior design job, which led him to the Herman Miller company, where he did corporate interior design for more than 20 years, working his way up to vice president of its western division. He started in the Washington, D.C., showroom of Herman Miller, where he designed an apartment for then -Speaker of the House Tom Foley of Washington. Through that connection, he chd a guest house in Bethesda, Md., for Sargent Shriver's family. Cooper then worked with noted interior designer Michael Greer and was involved with Greer's renovations in the White House during the Kennedy admin- istration, notably for the diplomatic reception room. Cooper says he wishes he had kept the working drawings and studies he did for the White House project, but notes that he turned them over to the Smithsonian Institution. Although his client work has spanned numerous design styles, in his own life he has always been a fan of both modern design and timeless Southwest design — "not the howling coyote stuff." He likes things neat and tidy, and favors design classics such as Mies van der Rohe's Barcelona table, Corbusier's Basculant armchair, and, of course, Herman Miller's Aeron chairs. But he also spent six years in Santa Fe selling high -end cowboy collectibles such as vintage clothing and spurs, and he still owns more than 40 pairs of cowboy boots. He would be the first to agree that he has had more than one lifetime of interesting projects. With five children, 10 grandchildren, a new career in landscape designs, and a new location in the desert, "people tell me that I am the luckiest person, and I admit it," says Cooper. L0 7 February 2005 1 Home Nil WILSON JOHNSON In CAPITAL GROUP La Quinta City Council 78-495 Calle Tampico La Quinta, CA 92253 Dear Council, May 20, 2008 Please accept my application for the open positions on the La Quinta City Planning Commission. I have also submitted applications for the Community Services Commission and Architecture & Landscaping Review Committee. My intention is not to serve on all three, but to express my willingness to serve the City and its residents in some capacity. I believe my skills, background and work experience is best suited for the Planning Commission. I am excited and eager to serve the City. Best ds, u 45.445 Portola Avenue, Suite 5, Palm Desert, California 92260 ♦ Phone 760.837.1880 ♦ Fax 760.837.0036 208 Date: May 20, 2008 CITY OF LA QUINTA APPLICATION TO SERVE ON LA QUINTA ARCHITECTURAL AND LANDSCAPING REV �IV�� COMMITTEE 1600 my n PM 1� J§ NAME: Larry E. Pughe HOME ADDRESS: 53-495 Avenida Rubio, La Quin"jyS }Ef g F16F ^-ter TELEPHONE: (HOME) (760) 702-3127 BUSINESS: (760) 837-1880 EMAIL: 1pughe@wilsonjohnson.net FAX: (760) 837-0036 BUSINESS ADDRESS: 45-445 Portola Avenue, Palm Desert, CA 92260 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD: Wilson Johnson Capital Group - Managing Director LENGTH OF RESIDENCE IN LA QUINTA: 3 years residency (in LQ since 1 999 ) HAVE YOU EVER ATTENDED A MEETING OF THIS COMMITTEE? No Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. Please see attached biographical sketch 2U. APPLICATION, ARCHITECTURAL & LANDSCAPING REVIEW COMMITTEE PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Architectural & Landscaping Review Committee. The Committee advises the Planning Commission and serves to make recommendations on structural and landscaping aspects to project design. The Committee is comprised of three members, meets once a month and terms are two years in length. What specific issues or problems face the La Quinta Architectural & Landscaping Review Committee and do you have any suggestions to address those issues or problems? Maintaining a level of satisfaction consistent with current design and demand, while keeping up with changes and planning for the future of our Citv. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Architectural & Landscaping Review Committee? I am a PGA member and worked many years with golf course superintendents overseeing the landscaping of an entire golf facility. I have also had a role in the construction of several commercial buildings in the desert. I work well with others on projects. PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-495 CALLE TAMPICO LA QUINTA, CA 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT �1� LARRY PUGHE BIO Currently, I am Managing Director of Wilson Johnson Capital Group, the financing arm of Wilson Johnson Commercial Real Estate, one of the largest real estate developers here in the Coachella Valley. In addition to my finance and real estate expertise, I also have 10 years of experience as a golf professional overseeing private and public golf resorts and still hold a PGA card. As a graduate of the University of Wyoming with a B.S. in Marketing, I was a Legislative Assistant for U.S Senator Malcolm Wallop in Washington D.C. This experience created a life-long interest in public service, which led me to run for La Quinta City Council in 2006. Last year, I was tapped to be a part of Leadership Coachella Valley, which is a selective incubator organization for future leaders in the Valley. Most recently, I was elected to serve on the Board of Directors for the La Quinta Chamber of Commerce. Although originally from Wyoming, I have happily lived and golfed in La Quetta since 1999 and currently live in the La Quinta Cove. R. MICHAEL ROBINSON, ACIP RE C E I d! E D 61304 TOPAZ DRIVE LA QUINTA CA 92253 2o't18 INY 20 flIn , 28 HOME: 760.393.8683 CELL: 760.777.3231 ` t i Y OF LA QUJ!", Ci ", :,_ : ,I,'S C; r 10E 20 May 2008 Honorable Don Adolph, Mayor City of La Quinta PO Box 1504 La Quinta CA 92253 RE: ARCHITECTUAL AND LANDSCAPE REVIEW COMMITTEE Honorable Mayor Adolph: I am very excited to submit my attached application for the current opening on the City of La Quinta Architectural and Landscape Review Committee. As noted in my application and resume, I have 34 years of local government planning and urban design experience. Although I am a relatively new resident of La Quinta, I am eager and committed to serving the City Council and the entire La Quinta community to ensure that new developments meet and maintain the high design quality of the city's existing development framework. I look forward to participating in the upcoming interviews for this important committee. Should any members of your staff have any questions about the attached material or my qualifications and interest in the ARLC, please feel free to have them contact me at their earliest convenience. Sincerely, MICHAEL ROBINSONl-AICP Attachments: ARLC Application Resume' �i 2 CITY OF LA QUINTA APPLICATION TO SERVE ON LA QUINTA ARCHITECTURAL AND LANDSCAPING REVIEW COMMITTEE - NAME: HOME ADDRESS: TELEPHONE: (HOME) &Z 8HOINE96:ZeIL; 177. S281 EMAIL: BUSINESS ADDRESS: IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD: 11,1114 LENGTH OF RESIDENCE IN. LA QUINTA: f%EjijjWr &I1&: 12 pk;FAE(,I)INe Q jf jp. pj HAVE YOU EVER ATTENDED A MEETING OF THIS COMMITTEE? j ��j fLl}pUE1EMJ� Albt� A1uo wIt73►��, a!+� 3't3 Biographical sketch, including education', work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. MIS ;M vtT Of 6AZA& wMM 0*0MIMb AAA M616k) M." .• , • r.. /. „ 1'� • ►.. _� .a.:1 i . Les .t ��JTZ7.. "! •_ S•r_ 1,A'�"'r� -,1 Mew xir .. s,. 2�3 APPLICATION, ARCHITECTURAL & LANDSCAPING REVIEW COMMITTEE PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Architectural & Landscaping Review Committee. What specific issues or problems face the La Quinta, Architectural &. Landscaping Review Committee and do you have any suggestions to address those issues or problems? r I What speck attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Architectural & Landscaping Review Committee? %PLEASEIRETURN--THISAPPLICA fON TO. CITY CLERK P. O. BOX 150.4 a8=491 `tALLff UM- Plc LA QUINTA, CA 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT Litt ROBERT MICHAEL ROBINSON, AICP 61304 TOPAZ DRIVE LA QUINTA CA 92233 Home: (760) 393-8682 Cell: (760) 777-3231 EDUCATION Bachelor of Science, Urban and Regional Planning California State Polytechnic University, Pomona (1973) Master of Public Administration California State University. Long Beach (1979) EXPERIENCE Assistant Development Services Director City of Costa Mesa, California November 2004 to September 2007 Division manager responsible for overall management of Planning Division of Development Services Department. Supervises and directs work of eight professional planners, with 2006/2007 budget of $1,225,476. Directed preparation of SOBECA, 19 West, Mesa West Bluffs and Mesa West Residential Urban Plans to provide economic development incentives for a portion of Bristol Street commercial corridor and Westside Costa Mesa. Directed processing of environmental and land use entitlements for North Costa Mesa High Rise Residential project, consisting of 1,296 condominiums in eight high-rise (six to thirty stories) residential towers. Serves as Secretary to Costa Mesa Planning Commission. Planning 8 Redevelopment Manager City of Costa Mesa, California June 1999 to November 2004 Division manager responsible for supervision of the Advance Planning Section of the Development Services Department and administrative functions of the Costa Mesa Redevelopment Agency. Directed preparation of 2000 General Plan Update, and major land use entitlements and development agreements for Segerstrom Home Ranch (104 acres), South Coast Plaza Town Center (54 acres), Sakioka Farms (150 acres), and 1901 Newport Boulevard Residences (145-unit mixed use redevelopment project). Directed preparation of Robert Michael Robinson, AICP Page 2 Redevelopment Feasibility Study and work efforts to expand Downtown Redevelopment Project Area. Directed local economic development program. Administered Eastside Annexation Program and LAFCO relations. Prepared division budgets and conducted personnel evaluations. Principal Planner City of Costa Mesa, California December 1987 to June 1999 Division manager responsible for supervision of Advance Planning Section of Development Services Department. Responsible for directing work efforts of professional planning staff, preparation of division budgets, and personnel evaluations. Acted as Department Budget Liaison, Redevelopment Agency Liaison, and Computer Liaison. Served as Economic Development and Business Retention program coordinator. Represented City interests on intergovernmental planning forums, including Measure M Growth Management Planning Forum, Regional Advisory Planning Council, and Orange County Council of Govemments Technical Advisory Committee. Major projects completed during tenure include the 1990 General Plan Review Program, North Costa Mesa Specific Plan, Newport Boulevard Specific Plan, Planning Division Services Delivery Study, Automobile Club of Southern California headquarters expansion, and award -winning Triangle Square downtown redevelopment project. Senior Planner City of Costa Mesa, California May 1981 to December 1987 Supervisor of Advance Planning Section (1984 to 1987) and Current Planning Section (1981 to 1984) of Development Services Department. Responsible for directing work efforts of professional planning staff, preparation of division budgets, and personnel evaluations. Major projects completed during tenure included 1981 Comprehensive General Plan Update, Comprehensive Design Plan for Downtown Redevelopment Project Area, and large-scale general plan amendments, specific plans, and environmental review documents for Segerstrom Home Ranch, Amel Development Metro Pointe, and Sakioka Farms projects. Robert Michael Robinson, AICP Page 3 Associate Planner City of Costa Mesa, California September 1975 to May 1981 Advanced professional -level position responsible for a variety of municipal planning projects and studies. Conducted independent research and evaluation of privately - initiated general plan amendments, redevelopment plan amendments and rezones. Drafted Zoning Code and Sign Ordinance amendments and prepared 1997 General Plan Housing Element update and Westside Community Plan. Prepared staff reports and made presentations to Planning Commission, Redevelopment Agency, and City Council. Served as City Environmental Evaluator responsible for preparation and processing of all City and private sector project environmental documents. Assistant Planner City of Costa Mesa, California September 1973 to September 1975 Entry-level position responsible for processing city -initiated general plan amendments and special studies. Conducted initial research and evaluation of privately -initiated general plan amendments, rezones, and development projects. Participated in the preparation of Master Plan of Bikeways, Civic Center Study, and Whittier Avenue Land Use Study. Prepared staff report and presentation graphics. PROFESSIONAL AFFILIATIONS Member, American Institute of Certified Planners Member, American Planning Association Administration Chair, 1998 CCAPA Conference Committee Registration Chair, 1990 CCAPA Conference Committee COMMUNITY AFFILIATIONS Member, Trilogy at La Quinta Transition Committee, Facilities Subcommittee Member, Trilogy at La Quinta Emergency Preparedness Committee Member, La Quinta Chamber of Commerce PRESENTATIONS Orange County Section APA Monthly Programs Orange County Section APA Nuts and Bolts Workshops Orange County Planning Directors Association Planning Officials Forum League of California Cities Planners Institute �i� Robert Michael Robinson, AICP Page 4 REFERENCES Allan L. Roeder, City Manager City of Costa Mesa (7140 754-5237 Donald D. Lamm, Deputy City Manager— Development Services Director City of Costa Mesa (714) 745-5270 Kimberly Brandt, Assistant Development Services Director City of Costa Mesa Planning Commissioner (1985 —1987) City of La Quinta (714) 754-5604 Ed Fawcett, Executive Director Costa Mesa Chamber of Commerce (714) 574-8785 George M. K. Sakioka Roy K. Sakioka & Sons (714) 545-8611 L.LB Date: 7, CITY OF LA QUINTA RECEIVED APPLICATION TO SERVE ON LA QUINTA ARCHITECTURAL AND LANDSCAPING FMVIRW 13 COMMITTEE I T Y OF LA QUINTA NAME: r\R"� Fwo)� -hhi l �'"f CI �K'� OFF! E- HOME ADDRESS: 4" )'39 Z 14Ars�ko 5kH t ty bat_4+4_0?' TELEPHONE: (HOME) _760- 5&q - & •7 `J ) BUSINESS: S(r-Wtc EMAIL: )ry-yo(«Y@GAG,Yof.GUvVI FAX: 760-77I- 547!4 BUSINESS ADDRESS: �'_G van ,2 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD: seer- e1,ACLJ-fet"3 -At2,C to ,OZ�T LENGTH OF RESIDENCE IN LA QUINTA: z -fo&AZ 5 HAVE YOU EVER ATTENDED A MEETING OF THIS COMMITTEE? 1-40 Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. -I3AGL4��LnCt of A<u�Tl�civ,-t'T SikC(Fotz��ul�t�J,,l��1 UJ Wi E I.LEL-4QO --ram I�tq,c� -- i95Y APPLICATION, ARCHITECTURAL & LANDSCAPING REVIEW COMMITTEE PAGE Describe your knowledge of the functions, regulations, and procedures of the La Quinta Architectural & Landscaping Review Committee. lh:( LOVJb-1 t k'5 ZO ND 4Le IZP-aJ 11?e--kttih>TS -A01> 1" SC>MA� Aej,�5 A(LCi-Ai7 (L;ZyRA--L. L>L S(41-b _l41= C0yA&1)T%Ee II,UJ C�t��l'OSI=I> l�l�u ]CGI i ILA Tvk Cot-v ikf-=?C L OF LkJI'SC j2`y tC4�Mr=tl� T 5 Pa i�� Gull>�t_�tit�.Sl ft�vi> f�.� iLFCoMNIc-.raV�lar�{S What specific issues or problems face the La Quinta Architectural & Landscaping Review Committee and do you have any suggestions to address those issues or problems? Wl , t 60-T CINA 1Ft Q�r`�l L i7 Ot tJt Si leti4, —ktt-la(?-(E tSSL)a5 ot� 5CS.-C-k�-: OCL" I?u=.N5t c'r C RC- f�t'P�� 7, sUQdi 5'r /\,t't9%--tCAKs i C�-0111v>E Si17Lt,T CL..t=U,dLW-JS(Sl ik:�7 1?LJtiNS 5I Ao w u�! U kL> JAtCQV7 Vfi O l Ekl k «5 What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Architectural & Landscaping Review Committee? — 30+ Wkl—(tt t_I�,(•(I�scc> E4OIU i �V 70 C A j , IQott5 A, PrttT+- a0 i iRitt-F�y `O L9it?.VCC t0l4 LL♦C_ �'Rof°c�SfE� PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-495 CALLE TAMPICO LA QUINTA, CA 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT L A N D S C A P E A R C H I T E C T U R E RECEIVED 2008 MH 22 Ali 1131 I -, Y OF LA QU11ATA C!.FRY,'S OFFICE City Council City of La Quinta California 92253 Members of the Council: It is with great pleasure that I submit to you my qualifications and experience for your consideration for appointment to the Architectural and Landscape Review Committee. I believe that my qualifications, experience, and desire will bring to the city the highest review process affordable. Respectfully submitted, t2 ,tom David Thoms David C. ThOMS, ASLA • Cabfornia License Number 1032 221 '] 47-410 Via Cordova, La Quinta, California 92253 • TEL (760) 564-5049 • FAx (760) 564-7349 CITY OF LA QUINTA APPLICATION TO SERVE ON LA QUINTA ARCHITECTURAL AND LANDSCAPING REVIEW COMMITTEE Name: David Thoms Home Address: 73-210 Crestview Terrace Telephone: (760) 564-7349 Fax# (760)564-7349 Length of residence in La Quinta: 10 years Have you ever attended a meeting of this committee? Yes, as a former committee member, I attended all of the meetings. Biographical sketch: I am a graduate of California State University San Luis Obispo with my California License #1032 and have worked in the profession of landscape architecture for over thirty years, residing in Pasadena and San Juan Capistrano, working as a principal in the Eriksson, Peters, and Thoms Landscape Architecture located in Pasadena and San Juan Capistrano. I have been the landscape architect for California State University Northridge and Harvey Mudd College, Claremont. I have been the principal in charge of many commercial, educational, and housing projects including residential developments. APPLICATION, ARCHITECTURAL & LANDSCAPING REVIEW COMMITTEE PAGE Describe your knowledge of theJunctions, regulations, and procedures of the La Ouinta Architectural & Landscaping Committee. The main function of this group is to advise the Planning Commission of architectural and landscape concerns and/or benefits of the projects after review of the site and the presentation. It is my opinion that public spaces should, if at all possible, (no matter the size available for courtyard seating areas and other outdoor spaces,) provide a welcoming atmosphere. Regarding regulations, we will listen to proposals and make comments and recommendations to the Planning Commission regarding projects submitted. For procedures, this three -person committee will meet on the first Wednesday of each month to review submittals. Meetings will generally last one and one-half hours to two hours to fully discuss the proposed projects. We will be meeting to make recommendations to obtain the best result possible. What specific issues or problems face the La Quinta Architectural & Landscaping Committee and do you have any suggestions to address those issues or problems? I believe that communication (a true sharing of ideas) and review with the planning commission and the city council would always be to the betterment of the projects, which in turn would benefit the overall image of the city of La Quinta. What specific attitudes, skills, and/or expertise do you think you have which would enhance the work of the La Quinta Architectural & Landscaping Review Committee? I have practiced landscape architecture in the southern California region for more than thirty years. I am a California licensed architect and have been residing in the La Quinta area for over ten years practicing as a consultant. I have chaired the architectural committee for the community of Lake La Quinta and am currently involved with the design and review process of Ray Martin Design and Associates of La Quinta. I strongly believe that it is of the utmost importance to be dedicated to the professions of architecture and landscape architecture on this committee. This expertise must be present in a committee member, to have an active voice and not just a seat on a committee. 223 ATTACHMENT Date: aQ D3 6 CITY OF LA QUINTA APPLICATION TO SERVE ON RECEIVED 2033 f'!flV 23 M 11 24 LA QUINTA COMMUNITY SERVICES COIYfM1"pn, UI } A NAME: HOME ADDRESS: (-760C TELEPHONE: (HO ke BUSINESS: EMAIL:_) 5 fld i�) Q Qji0/)...uef FAX t.0 5 (,4— A248 BUSINESS ADDRESS: N A IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU LENGTH OF RESIDENCE IN LA QUINTA: 1 ) �� 11X� Z) HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? G Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. 224 APPLICATION, COMMUNITY SERVICES COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Community Services Commission. What specific issues or problems face the La Quinta Community Services Commis" and do you any suggestions to address those issues or problems? i+] What specific attitudes, s ills nd/or expertise do you think you have which would enhance the work of the La Quinta Community Services Commission? PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-495 CALLE TAMPICO LA QUINTA, CA 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 2ZJ Joan Annette Biegel 50135 Malaga Court La Quinta, California 92253 Home Phone: (760) 5644248 PROFESSIONAL EXPERIENCE City of Lakewood — Recreation and Community Services Department Director - January 2003 to 2006 Responsible for 7 million dollar budget and 55 full-time personnel. City of Lakewood - Recreation and Community Services Department Assistant Director - November 1987 to January 2003 Assists the Director of Recreation and Community Services in planning, organizing, directing and evaluating a broad and diversified program of recreational activities and community services to meet the needs of people of various ages and special interest. Conduct regularly scheduled staff meetings; prepare memos, manuals and Commission Reports. Supervise a staff of 5 full-time and 100 part-time employees. Administer a budget of 2.5 million. Additionally, responsible for the City Cable programs, DASH Transit and senior citizens program. Assume responsibility for the entire department operations in absence of the Director, which also includes eleven parks. City of Cerritos - Human Affairs Department (Leisure Services Community Safety Communitv Participation and Library) Community Participation Manager - March 1981 to October 1987 (Division Head) Worked directly with City Council members on mayoral transitions and other special events. Responsible for all large-scale community events, coordinate senior citizens program, oversee consumer complaints program for city. Prepare and administer division budget. Staff liaison to a wide variety of community groups and involved with citywide volunteer program. Responsible for development of Community Response Team after Cerritos air disaster. Interface with residents to keep abreast of changing needs and plan programs accordingly. Recreation Supervisor - June 1979 to February 1981 Supervised community -wide recreation program including developmentally disabled, pre-school, adult and youth sports, special events and excursions. Developed all staff training manuals and initiated a volunteer program for city. LAC% City of Pomona - Parks and Recreation Department Superintendent of Recreation (Division Head) - January 1977 to February 1981 Managed a wide variety of recreation programs and facilities including adult and youth sports, aquatics, contract classes, senior citizens, volunteers, pre-school, cultural arts, facility maintenance and completed two park construction projects. Supervised 14 full-time and 75 part-time staff. Responsible for annual budget of $750,000. Staff liaison to Parks and Recreation Commission and numerous Ad Hoc Committees of the City Council. Recreation Supervisor - February 1975 to December 1976 Supervised and administered a comprehensive Community Center Program. Conducted in-service training programs for 100 summer recreation staff. Responsible for hiring, training and evaluation of three full-time and 50 part-time employees. Developed training manuals for volunteer and community center operations. Initiated a volunteer program for the Parks and Recreation Department. Los Angeles County Department of Parks and Recreation Recreation Specialist II - June 1968 to November 1974 Recreation Supervisor I - April 1965 to May 1968 Responsible for countywide volunteer pre-school programs. Recruited volunteers for all aspects of recreation activities, including sports, arts and crafts, senior citizens, drama and specialized programs. Developed training manuals on the above programs and conducted countywide in-service training sessions for 100 full-time staff. Responsible for and coordinated teen programs with other agencies throughout Los Angeles County. Conducted staff training, developed new programs for teens and worked with budget management. Supervised a county regional park and was responsible for organizing, promoting, leading and conducting diversified recreation activities for the entire community. Facility included a senior citizen center. Responsibilities included programming and staffing of the center used for many specialized programs within the community. RELATED EXPERIENCE California State University Long Beach — Part-time lecturer 1996 — Present Recreation Administration - Course taught designed for graduate students to better understand types of management that they will be faced with when entering the work place. California State University at Los Angeles - Part-time Instructor 1977 to 1981 -2- Public Recreation and Leisure Services - Course included role of Federal, regional, State and local government agencies providing recreation and leisure services. Plannin¢ and Promotion of Special Events - Course included factors involved in production and promotion of special events that involved large and diverse public, budgets, equipment and crowd management. EDUCATIONAL BACKGROUND California State University of Los Angeles Master of Science, Recreation Administration, 1974 California State University of Long Beach Bachelor of Science, Recreation Administration, 1970 University of Southern California Certificate, Management of Volunteer Programs PROFESSIONAL ORGANIZATIONS California Park and Recreation Society------------ Past State President 1992-93 State President 1990-91 State President Elect 1990-91 State Vice President 1989-90 State Secretary 1988-89 CPRS State Scholarship Board, Chair CPRS Personnel Board Directors of Volunteers in Agencies, Los Angeles Chapter Helpline Youth Counseling, Chair United Way Planning Council, Region III Long Beach Council of Camp Fire, Board Member Su Casa Family Crisis and Support Center, Board Member Community Congress of Agencies, Chair California Special Olympics, Floor Hockey Chair 1978-1981 Su Casa Family Crisis & Support Center, Board Member Greater Lakewood Heart Association, President California State University Long Beach Advisory Board, Recreation & Leisure Services Dept. Community Family Guidance Center — Board Member Soroptimist of Lakewood/Long Beach — President -3- JOAN A. BIEGEL 50135 Malaga Court La Quinta, California 92253 EDUCATION Pasadena City College - Associate of Arts Degree Recreation Administration - 1965 California State University, Long Beach - Bachelor of Arts Degree Recreation Administration - 1970 California State University, Los Angeles - Master of Science Degree Recreation Administrating - 1974 PROFESSIONAL EXPERIENCE Director of Recreation & Community Services Lakewood, California — January 2003 to Present Assistant Director of Recreation & Community Services Lakewood, California - October 1987 to January 2003 Community Participation Manager - Dept. of Human Affairs Cerritos, California - March 1980 to October 1987 Recreation Supervisor - Dept. of Human Affairs, Leisure Services Div. Cerritos, California - June 1979 to March 1980 Acting Superintendent of Recreation - Park & Recreation Dept. Pomona, California - January 1977 to March 1979 Recreation Supervisor - Park & Recreation Dept. Pomona, California - February 1975 to December 1976 Recreation Specialist II - Dept. of Parks & Recreation County of Los Angeles - June 1974 to November 1974 Recreation Supervisor I - Dept. of Parks & Recreation County of Los Angeles - April 1965 to May 1974 Unit Leader - Camp Fire Girls Pasadena, California - June 1964 to August 1964 -4- LL� Part-time Instructor - California State University Los Angeles, California - 1977 to 1981 Part-time Lecturer — California State University Long Beach, California — 2000 to Present SERVICE BEYOND REQUIREMENTS OF PROFESSIONAL POSITION A. Leadership and Membership in Community Organizations United Way Planning Council - Region III - 1980-1988 Mt. San Antonio Relays Committee - 1977, 1978, 1979 Mt. San Antonio Council of Camp Fire, Executive Board - 1977-1979 Vice President of Programs - 1978-1979 Long Beach Council of Camp Fire - 1983-1984 American Heart Association, Lakewood Branch - 1988 Curriculum Advisory Board, Cal Poly, Pomona - 1988 Greater Pomona Valley Voluntary Action Center, Executive Board - 1978-1979 Secretary - 1978-1979 Helpline Youth Counseling - 1980-1987 Vice Chair - 1982 Chair -1983 & 1984 Community Family Guidance - 1980-1987 Chair - 1984 & 1986 Su Casa Family Crisis & Support - Board Member - 1980-1987 Su Casa Family Crisis & Support - Board Member- 1990-1998 Pathways Volunteer Hospice - 1990-2000 Board Member and Recording Secretary Rotary Club of Lakewood - 1994-1998 W � 33 SERVICE TO THE CALIFORNIA PARK & RECREATION SOCIETY A. District XHI District Director - 1979-1980 President - 1978 Vice President - 1977 Secretary - 1976 Member -at -Large - 1986, 1975, 1973 Scholarship Committee Chairperson Membership Committee Chairperson Also has served as a member of the Legislative, Budget & Audit and Ways & Means Committees B. South Region South Region Institute, Registrar - 1986 South Region Institute, Chairperson - 1980 South Region Institute, Registration Chairperson - 1979 South Region Institute, Program Committee - 1977 C. Supervision Section Mountain Workshop Committee - 1974-1980 Mountain Workshop, Registration Chairperson - 1979 & 1980 District X1II, State Board Representative - 1978 Legislation Committee, Chairperson - 1978 D. State California Park & Recreation Society, President 1990-91 California Park & Recreation Society, President -Elect 1989-90 California Park & Recreation Society, Vice -President 1988-1989 California Park & Recreation Society, Secretary/Treasurer 1987 and 1988 California Park & Recreation Society, Corporate Education, Manager, Fresno - 1986 California Park & Recreation Society, Annual Conference, Program Committee - 1974 California Park & Recreation Society, Annual Conference, Sign Committee - 1974 & 1977 -7- National Recreation & Park Association, Annual Congress, Sign Committee - 1971 Committee on Competition, Member - 1975-1977 Competition Statement, Author - 1976 Scholarship Foundation, Chair - 1982-1986 Issues & Action Committee, Member - 2 years C.B.P.R.P. Ad Hoc Committee, Member - 2 years NRPA Conference - Welcome to California Reception - 1986 Fundraising Committee, Chair - 1987-1988 Women's Opportunity Committee, Chair, NRPA - 1987 Personnel Board - 1982-1987 Banquet & Installation Committee - 1988 SERVICE TO PROFESSIONAL ORGANIZATIONS A. Women in Leisure Services, Chi Kappa Rho Alpha Chapter Secretary - 1973 Vice President - 1974 Various Committee Chairs Gamma Chapter Bosses Day Committee, Chairperson - 1 year Bosses Day Committee, Member - 4 years Research Committee, Chairperson - 1 year Research Committee, Member - 2 years Awards & Installation Banquet, Chairperson - 1 year Second Vice President - 1980-1981 Installation Meeting, Chair - 1981 President - 1982-1983 Past President - 1983-1994 Business Meeting, Chair - 1983 & 1984 Awards & Citations Committee - 4 years Nominations & Election Committee - 5 years National Delegate - 1988-1989 Awards & Installation Committee — 2004 Christmas Committee - 2004 National Directory Committee -1983 National President - 1985-1986 National Past President - 1987-1989 -8- HONORS RECEIVED A. District XIII Certificate of Recognition - 1975 Professional Citation - 1976 Professional Meritorious Award - 1979 Professional of the Year Award —1975 District X — Coveted Leadership Award - 2003 B. Supervisors Section Service Award - 1977 Achievement Award - 1978 C. California Park & Recreation Society State Citation Award - 1981 Fellowship Award - 1988 D. Chi Kappa Rho Mary K. Peterson Award - 1984 Citation Award - 1981 Helen I. Pontius Award - 1990 AuquN "04 W 233 Date: z 10 " CITY OF LA QUINTA APPLICATION TO SERVE ON R17CF_-_1VED 2028 mriv 2 Ffn, 1? 23 (,'!T*' pF LA :iUiw15,, LA QUINTA COMMUNITY SERVICES COMMISSION,', , " NAME: 4tvIJ E �k l c o I N E HOME ADDRESS: _ SI �$yrS ApA.Aye—✓1 194 V4e,& ?e c� TELEPHONE: (HOME) ! ( - �4 11t BUSINESS: 0 ,7�1` a / 10 EMAIL: 611COrnJE-4 Q-- CO• �' 0e' 04-05 $'(03' .0 S'� i BUSINESS ADDRESS: 4'4-10I`1 YYIOARf3f S? ='ND/47' C,* ZL® 1 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD: LENGTH OF RESIDENCE IN QUINTA: + ( UU ` (3 r Z y.e,yL 3 HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? NO 1 Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. 0 - cf?tiC Vam leet5 V0614kfiu/, 161 �34 APPLICATION, COMMUNITY SERVICES COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Community Services Commission. 1 .1 What specific issues or problems face the La Quinta Community Services Commission and do you have any suggestions to address those issues or problems? 1i What specific attitudes, skills and/or expertise do you think you have which would enhance the work of 4iD the La Quinta Community Services Commission? SIV S Re-je l-k4 moue.a(, helft- w/ fwo srn44-'C Y, ,ice 91 G / PLEASE RETURN THIS APPLICATION TO: C/4/L4'tj5 CITY CLERK $ wa✓�{- }c P. O. BOX 1504�� a 78-495 CALLE TAMPICO LA QUINTA CA 92247 Sepo-e.. „yy Ar f7aGn!4// eK�H'{✓t C� � THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNN MENT QU°`t` °'�'' lTIQ4/1' tVo'-' eL GJJ Date: oC b CITY OF LA QUINTA APPLICATION TO SERVE RECEIVED 213H 1119Y 23 PM 3 57 ON Y OF LA OUINTA LA QUINTA COMMUNITY SERVICES COMMIS� n ILtRK'S OFFICE NAME: HOME ADDRESS: BUSINESS: BUSINESS ADDRESS: IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD: LENGTH OF RESIDENCE IN LA QUINTA: La�eravs ih 1'Uorgil 1 a Q,., -k,,� HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? �7�L Biographical sketch, including education, work experience, civic involvement d ofher back"X' ground. Please be sure to include experiences relevant to duties of the position you seek. 236 APPLICATION, COMMUNITY SERVICES COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Community Services Commission. What specific issues or problems face the La Quinta Community Services Commission and do you have any suggestions to address those issues or problems? What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Community Services Commission? and aid hV6 iv\ can bring a, O bia.Std D p'l ()lbtn , + 1a i+-erne. OtS a LODM er) U)ho hct.s W Id re PLEASE RETURN THIS APPLICATION TO; j/lpr+k La Qil-t►1'k; i �rc�dyLr�v{, CITY CLERK P. O. BOX 1504 (tYXIYI 78-495 CALLE TAMPICO �-� G{lOLsli hmI LA QUINTA, CA 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT Date: J — 7LOJ CITY OF LA QUINTA APPLICATION TO SERVE ON RECEIVED 208 (!qY 20 19n 21 24 LA QUINTA COMMUNITY SERVICES COMMISSIQtf y O F L A Q U I r'! i A NAME: HOME ADDRESS: TELEPHONE: BUSINESS: _RS OFFICE BUSINESS ADDRESS: IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD:./�� LENGTH OF RESIDENCE IN LA QUINTA: HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? A -IN Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. ci� KATHLEEN FITZPATRICK EDUCATION Bachelor of Landscape Architecture UC Berkeley 1971 Project Management Program UC Irvine 1998 — 2000 PROFESSIONAL EXPERIENCE City of Los Angeles 1972 — 2005 Department of Recreation and Parks 1978 — 2005 Superintendent of Planning and Development Project Manager II responsible for Design and Construction of $25 Million / Year Capital Improvements Program funded by voter mandated Proposition K Project Manager responsible for community input, design and construction of major capital improvement projects and development of various Master Plans for facilities within the park system Bureau of Engineering 1972 -1978 • Landscape Architectural Assistant responsible for assisting in the design of various street improvement projects OBJECTIVE To serve as a member of the La Quinta Community Services Commission Since September 2006 I have resided at: 81-824 Contento Street La Quints, California 92253 Phone: 760,3932919 Fax: 760.393.2919 Cell: 626.590.4580 Email: carmelabungalow@gmail.com May 2008 GJ� Page 2 Biographical sketch, including education, work experience, civic involvement, and other background. Please be sure to include experience relevant to duties of the position you seek. The City of Los Angeles because it is a principal municipality, obviously owns, operates and maintains one of the largest park systems in the country. The City of Los Angeles Department of Recreation and Parks, Planning and Development Division, routinely solicited community input for all capital projects as a means to developing facilities programs, formulating budget information, and for direct participation and involvement in tailoring designs that reflect individual community recreational needs. Capital improvement projects included refurbishments, major additions, specific needs enhancements to existing facilities, and the construction of new facilities. The Department of Recreation and Parks was responsible for managing its annual Capital Improvements budget which customarily exceeded $25 million. Projects were finalized with input from maintenance and recreation staff, as well as the public. My responsibilities included the facilitation of the Community meetings which as mentioned, were an integral part of the design process, and included public consensus on design programming, and related development of designs that reflect user needs, and maintenance requirements of a park system that encompassed hundreds of buildings, thousands of acres of parkland, nine public golf courses, public swimming pools, an observatory, a renowned zoo, numerous museums and other prominent special recreational facilities. Describe your knowledge of the functions, regulations, and procedures of the La Quinta Community Services Commission. While having no specific knowledge of the operation of the commission I assume that, like similar commissions in other cities, this commission is intended to respond to La Quinta's need for fiscally responsible design, operation, and maintenance of facilities that provide optimal recreation experiences. What specific issues or problems face the La Quinta Community Services Commission and do you have any suggestions to address those issues or problems? The specific issue that I have noticed is that Old Town has many attractions, both municipal and commercial, which are not well known in the greater valley area; and, which potential is not fully realized. Exploring solutions to providing a comprehensive visitor experience in the Old Town area, which could include better pedestrianibicycle links with the resort, or providing stronger links between the hiking trails above the Cove and all the attraction of Old Town could greatly increase the recreation/commercial use of the Old Town area. rot] Page 3 What specific attitudes, skills and/of expertise do you think you have which would enhance the work of the La Quinta Community Services Commission? As a relatively new resident of the City of La Quinta I am curious about the City's history and the community services available. Since this is my home all year around I would like to be an active participant in the continuing development of the community. My particular skill set, developed over years of working with diverse communities within the City of Los Angeles, could be an asset to the Commission. I understand that good community services rely on good facility design to allow program flexibility in response to changing user needs while still being fiscally responsible though the safe operation and maintenance of existing and/or new recreation facilities. I look forward to participating on the Commission and contributing to the continued growth of services provided to residents and visitors in La Quinta. I{a e n Fitzpatrick May 20, 2008 L 4J Date: CITY OF OF LA QUINTA APPLICATION TO SERVE ON RECFIVED 20G8 My 16 PM 2 yl LA QUINTA COMMUNITY SERVICES COMMISSION 0f L� C-J; �,!TA � f P la's OFFICE NAME: HOME ADDRESS: TELEPHONE: (HOME) 7/4 -7Z4e— 5%W g!K _ BUSINESS: 2 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD: LENGTH OF RESIDENCE IN LA QUINTA: �i f HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? i Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. I am a graduate of Purdue University with a B.S. in Social Studies Education and I have a M.A. in American History from the University of Louisville. I have a large number of additional courses from such institutions as the University of Virginia,111inois University and George Washington University. I taught various social studies classes in both Indiana and Virginia before becoming an administrator in 1969. As an administrator I had experiences in a number of areas including fine arts and athletics. I learned to assist and evaluate employees and to help them achieve at their highest level. I have had experience in facility management and renovation. I am aware of the pressures placed on both facilities and those who manage them. As an administrator I worked with the public to address the needs of a diverse community while living in a real world with budget constraints and conflicting desires. I have had the pleasure of serving on the Community Services Commission for 2 years and have learned a great deal particularly about the needs of this community and also about the Art in Public Places program. My wife and I moved to La Quetta three years ago to escape the rigors of winter in the East and we deliberately chose La Quinta for its reputation as a great place to live 242 APPLICATION, COMMUNITY SERVICES COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Community Services Commission. The function of the Commission is to advise the City Council on matters of the Council's choosing particularly those which impact the community at huge. We suggest actions on Art in Public Places, upkeep of the sports venues, and parks. We have been working for the last two years on marking and developing trails in the City. We oversee the Senior Center, Library and Museum and look each month at the participation levels in the recreation areas as well as the income fiom rentals. In addition we attend many community events as representatives of the City. What. specific issues or -problems face the La Quinta Community Services Commission and do you have any suggestions to address those issues or problems? I think our major problem is the overuse of our sports facilities. The simple answer is to provide more fields, but that is a costly suggestion. Another suggestion would be to limit the use of the facilities to La Quints residents only, but I think that the answer probably Res in some combination of the two. Another major problem is the vandalism to which our facilities are subjected. We have a great deal of Tagging and other destructive activities and we have been looking at solutions, such as design elements which make the work of the vandals easier to stop and/or repair. In addition we need to look for technology such as lighting and cameras which will help us alleviate this problem. I think that we need to work with both the community and the police on this problem. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of I am familiar with °both 'the scope of our responsibilities and in the limitations which we face. My knowledge of the problems facing the city and the difficulty which we face in meeting the needs of a diverse population is'a strength which I bring to the Commission. I have found my background of great use when discussing the issues winch have come before the commission and would like to continue this work for another term. PLEASE RETURN THIS. APPLICATION TO: CITY CLERK P. O. BOX 1504 78-495 CALLE TAMPICO LA QUINTA, CA 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 243 Date: o CITY OF LA QUINTA APPLICATION TO SERVE ON LA QUINTA COMMUNITY SERVICES COMMISSION NAME: HOME ADDRESS: /•h / I3 0 17 /yel C t&yl.ze�" '-�A ain74 C4. 1'ZZS3 TELEPHONE: (HOME)nQ- ' �5 '9a`j`� BUSINESS: j-fi-8/a G1 // ID L% ahnO • C'Drrn BUSINESS ADDRESS:._, IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD C LENGTH OF RESIDENCE IN LA QUINTA: a y/'-s- HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? ,LJO Biographical sketch, Including education, work experience, civic involvement and other back- ground, Please be sure to include experiences relevant to duties of the position you seek. t44 W-11 39tld AD 3HD9 TZOP66609L 90:10 800Z/5Z/90 APPLICATION, COMMUNITY SERVICES COMMISSION PAGE Describe your knowledge of the functions, regulations, and procedures of the La Quinta Community Services Commission. What specific issues or problems face the La Quinta Community Services Commission and do you have any suggestions to address those issues or problems? What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Community Services Commission? PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX, I W 78-495 CALLE TAMPICO LA QUINTA, CA 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 245 E0 39Vd AD JH09 IZPPGG609L 90:10 800Z/9Z/90 Luey Moreno, 51930 Avenida Villa La Quinta, CA 92253 760 485-9045 Wk: 760399-8129 Fai : 760 399-4421 Facsimile twsmittal To: City Cle& Office Fax 760 777 7107 From Lucy Moreno t)a6o: 3 — 2 % Re: Appncul'wu ice. 3 Urgwd)= xFor Ralaw Massr'srnment PkWeRWhr ❑PlmseRecycle • • • • • • • • • • Good Morning, Please review and consider my application for a position as a member of your Community Services Commission. I am aware that the dead line was last Friday, but unfortunately, I was out of town and unable to submit my application. Please give me an opportunity to interview for I believe I could be an asset to the commission Thankyou! N O n O r O rn -n Co M n � — m " sD 3 m C C 0 M CO . . . . . . . . . . . . . . . . . . . . . . . . . . . • 4r n L0 TO MVC3 AD JHDH TZPVGGE09L 90:T0 800Z/9Z/50 WILSON JOHNSON tft CAPITAL GROUP La Quinta City Council 78 495 Calle Tampico La Quinta, CA 92253 Dear Council, May 20, 2008 Please accept my application for the open positions on the La Quinta City Planning Commission. I have also submitted applications for the Community Services Commission and Architecture & Landscaping Review Committee. My intention is not to serve on all three, but to express my willingness to serve the City and its residents in some capacity. I believe my skills, background and work experience is best suited for the Planning Commission. I am excited and eager to serve the City. 247 45-445 Portola Avenue, Suite 5, Palm Desert, California 92260 ♦ Phone 760.837.1880 ♦ Fax 760.837.0036 Date: May 20, 2008 CITY OF LA QUINTA RECEIVED APPLICATION TO SERVE ON 2008 MY 23 I'M 12 13 LA QUINTA COMMUNITY SERVICES CIR�"S IPM1'4TA CITY CLERK'S OFFICE NAME: Larry E. Pughe HOME ADDRESS: 53-495 Avenida Rubio, La Quinta, CA 92253 TELEPHONE: (HOME) (760) 702-31 27 BUSINESS: (760) 837-1880 EMAIL: 1pughe@wilsonjohnson.net FAX: (760) 837-0036 BUSINESS ADDRESS: 45-445 Portola Avenue, Palm Desert, CA 92260 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD: Wilson Johnson Capital Group - Managing Director LENGTH OF RESIDENCE IN LA QUINTA: 3 years residency (in LQ since 1 9 99 ) HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? No Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. Please see attached biographical sketch 243 APPLICATION, COMMUNITY SERVICES COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Community Services Commission. The Commission is charged with the function of preparing and making recommendations on a community services master plan, as well as other community issues. The Commission serves functions relating to park maintenance, park and recreation operations and policies and makes recommendations to the City Council What specific issues or problems face the La Quinta Community Services Commission and do you have any suggestions to address those issues or problems? The changing demographics and trends throughout the City is a challenge when serving a community. Continuing and recognizing changes in order to satisfy a demand iG something that I eniov do What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Community Services Commission? As a current PGA member, I feel that I possesGskills and expertise that would serve the Commission well regarding park and recreation programs. My marketing and real estate background coupled with a willingness to work with others would enhance the Commission. PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-495 CALLE TAMPICO LA QUINTA, CA 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 243 LARRY PUGHE BIO Currently, I am Managing Director of Wilson Johnson Capital Group, the financing arm of Wilson Johnson Commercial Real Estate, one of the largest real estate developers here in the Coachella Valley. In addition to my finance and real estate expertise, I also have 10 years of experience as a golf professional overseeing private and public golf resorts and still hold a PGA card. As a graduate of the University of Wyoming with a B.S. in Marketing, I was a Legislative Assistant for U.S Senator Malcolm Wallop in Washington D.C. This experience created a life-long interest in public service, which led me to run for La Quinta City Council in 2006. Last year, I was tapped to be a part of Leadership Coachella Valley, which is a selective incubator organization for future leaders in the Valley. Most recently, I was elected to serve on the Board of Directors for the La Quinta Chamber of Commerce. Although originally from Wyoming, I have happily lived and golfed m La Quinta since 1999 and currently live in the La Quinta Cove. 250 Date: 5 19 O S CITY OF LA QUINTA RECEIVED APPLICATION TO SERYL ON �qY Zl 19M 1 0$ LA QUINTA COMMUNITY SERVICES CO -MMISWOWITA /� 01 ERK'S OFFICE NAME: l� eNf HOME ADDRESS: �� S"O y VIa- Am /ST-a d L a Q,lN ha , CA 9;2 2S3 TELEPHONE:(HOME)760 777-S�i91 CBI M : 760 4q1-09�'S EMAIL: SYQLll anS PDOLOI COt" FAX: &ZA BUSINESS ADDRESS: NZA IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD: 11?6 21i i_ecl LENGTH OF RESIDENCE IN LA QUINTA: Li yea vs HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? r o S Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. �J1 APPLICATION, COMMUNITY SERVICES COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Community Services Commission. _ _ c What speck issues or problems face the La Quinta Community Services Commission and do you have any suggestions to address those issues or problems? L- I so SE'Y✓10E'S proV� dec�. y v What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Community Services Commission? PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-495 CALLE TAMPICO LA QUINTA, CA 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT Date: s -'L -nsl CITY OF LA QUINTA APPLICATION TO SERVE '' N C� m - ON f 79 { 70 I o LA QUINTA COMMUNITY SERVICES COMMIc S& a' rn m _r t a v o NAME:IOgT o / /��/� ,cprAIfp� r ry HOME ADDRESS:? CP 4o7 JS -RAYY'4N .:"An-il4 I Y11' Z� TELEPHONE: (HOME) G7/ �rJrll —i �jQ�I BUSINESS:.3I 0— S6 1 —r%[ i IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD: LENGTH OF RESIDENCE IN LA QUINTA: n �� HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. Kobert Nylk Page 1 of 2 COMMUNITY ACCOMPLISHMENTS Board Secretary Executive Committee (2005-2006) La Quinta Chamber of Commerce Board Member (2003-2007) La Quinta Chamber of Commerce • Founder and Chairman of Ambassadors Committee • Wrote the training manuals and personally trained over 25 ambassadors in various capacities • Chairman Membership Services Committee • Redesigned Chamber website • Selected new Chamber Logo from over 600 entries • Implemented the Mentor/Mentee Program • Chairman By -Laws Committee • Chairman of Hot Air Balloon Food and Wine Festival (November 2006) First Vice President (6 years) Marina del Rey Chamber of Commerce Chairman of Los Angeles County Protectors Organization (5 years) • CHP/Sheriff/LAPD/Coast Guard/Fireman/Lifeguard Founder and Chairman (7 years) Marina del Rey Food and Wine Festival (over 40,000 attendees/weekend) Founder and President (5 years) Marina del Rey Music and Art Festival • Implemented Symphony by the Sea Concerts with 86 member Westchester Symphony Orchestra • Solo Pianist with Orchestra Chief Inspector of 5 Polling Precincts in Los Angeles City and County (10 years) Riverside County Election Official 2005-2008 Inspector Polling Precincts for La Quinta Appointed by Governor Wilson to successfully implement the sister city marinas between Marina del Rey and Marina Puerto Vallarta Appointed by Governor Wilson to Tourism and Trade Commission for California (3 years) Board Member Los Angeles County Department of Beaches and Harbors (7 years) Board Member Bob Hope Greater Los Angeles LISO (10 years) President Cornerstone Club-Southem California (10 years) City of Hope Man of the Year (1997) Founder and President of City of Hope, Marina del ReylVenice Branch with 500 members (1992-1998) Appointed by President George Bush Sr. to Russian -American Economic Aid and Business Training Commission http://r,obatvJl .com/comunity.plip 5/16/2008 ri Robert Sylk Page 2 of 2 Received Prestigious State of Israel JNF Tree of Life Award (2002) Presentation by Vice President Al Gore and L.A. County Sheriff Lee Baca Scholarship Selection Committee Boys and Girls Club of Venice, California Led the Sylk Group in the attempt to move the Queen Mary ocean liner from Long Beach to Marina del Rey. Marina Director, Ted Reed, Robert, and the Coast Guard took soundings and the ship could not enter the Marina channel. President (2003-2005) Home Owners Association of Talante, La Quinta Member Rancho La Quinta Country Club Member Masons Equity Lodge 591 Life Member of Veterans of Foreign Wars Life Member American Legion Member of California Yacht Club (1987-2008) Board of Directors, NASDAQ Corporation (5 years) Save the World Air, Inc. United States Army, Honorable Discharge • Security Clearance "Secret with FBI during Army tenure Robert Sylk's name was inscribed in both the West Coast Vietnam Veteran's Wall at the General Patton Museum as well as the one in La Quinta in acknowledgment of his military service to his country. ATTACHMENT Date: JZo� CITY OF LA QUINTA APPLICATION TO SERVE ON LAQUINTA PLANNING COMMISSION NAME: HOME ADDRESS: \AN %6- (Must be a La Quetta resident and eligible to vote in the City) TELEPHONE: (HOME)36 DM30%1 BUSINESS. 3 -a15 Ij EMAIL: ��@�O)O� FAX:�� BUSINESS ADDRESS"Z� IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD hS LENGTH OF RESIDENCE IN LA QUINTA: HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? X`' (',-S Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant tduties of the position you seek. e PLANNING COMMISSION F knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission. IRS �p ►�pZLF/\Cl What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? 5 a �c51 `6 What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? a c O PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT ��3 KATIE BARROWS May 22, 2008 Members of the City Council City of La Quinta 78-496 Calle Tampico La Quinta, CA 92253 RE: Planning Commission application Honorable Mayor and Members of the City Council: Enclosed please find my application to serve on the La Quinta Planning Commission. I have been a resident of La Quints since 1986. I have enjoyed serving on the Planning Commission since I was appointed in June 2006. I would like to continue to serve on the Planning Commission and appreciate your consideration of my application. I want to continue to work to ensure we maintain the character and quality of life in La Quinta. It is important that we work together to take steps so that out future growth occurs in a way that is both environmentally and economically sustainable, preserves our heritage, and is forward looking in terms of quality of life concerns. I am pleased with the great strides the City has recently made to focus on energy conservation, water conservation, and resource sustainability. I look forward with enthusiasm to the opportunity to continue to work with city staff, the City Council, other members of the Planning Commission, residents, members of the business community, and others to continue to build a better La Quinta. I look forward to the opportunity to be interviewed for this position. Thank you for your consideration. Sincerely, L Katie Barrows 53298 AVENIDA MONTEZUMA • LA QUINTA, CALIFORNIA • 92253-3404 PHONE: 760 564-2413 • EMAIL: KATE.CNBQVERIZON.NF.T L.1� Date: Sao) I % 0 g CITY OF LA QUINTA R E C E! V E D APPLICATION TO SERVE ON THE 2008 (CRY 23 Pn 9 59 LA QUINTA PLANNING COMMISSIOTI I T Y O F L A Q U I ^J TA I� CITF� OL_ERK'S OFFICE NAME: 0. � ct-r f�l.O S HOMEADDRESS: 532cIY rtvenlda 6ADy4e7_wvvta I,A Qc�_,A cA Q27-r,3 (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME)(-7&0-) 5&44 -0Ll 13 BUSINESS:(-7ZZ)3NG' / l a--) EMAIL: figw:CELL: (7&0)a1-?-012.I BUSINESS ADDRESS -73110 Jyre Wet rty� _Qv SL%e a0p {7uIV.l ]^ Sr_r+ IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD Dl-r/ec/i �w`Vtrnnrnev.l� I`PSOurceS-1 oCcc�tal li�l�c�/ &5sta!i Din zl G(o�¢OnWt �i LENGTH OF RESIDENCE IN LA QUINTA: as /ear S HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Ve s ,('u✓Yeyt� MtrxJctzr Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. 2-2 %/¢ays gL"c( �ovf 'J I+tS coNtmt&'* ' Paiucah fnnaX b0_Ckgvatti1,4 iS in eeotejVJ j y NCA V* ray cAvPer kct5 �Ve h tin --lnr_ "Vt rrAVAe'xW _W h • IMF trestuvvle iS cd6k¢d My buc�,Avl�lAv� lhc�¢S � f.17lJY LthA �hat,Jilc(yc p'F ,p(anntvttl� aCeQ re'jwla7i¢us . Ole— (emIf 5�tc�rxe-incP �� O�¢r� S�pust �l(J1 JiCQ CDOSQf U&l -/M ls%Lces G�NiCDMf�+t'>�f PYtcouLrahfV�N �t��t.�.reeQg�,,�i-e, a,wd Slta�luwprl2 �u-I'Kye Off' l.� F Dave A 6kck9ro,, vJ l.K 1H. ar-e ws(o �Vr reluieol �v Of A'd're to APPLICATION, PLANNING COMMISSION cU� PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission. Ctrs Nary 47, riu 11 a✓ BC n r.. r-w 4 -1-.- r-.-_.-_„_ _ _ .. _'/h n Jes What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? TL (. 7.. La 0-.� le'� izy a PwcA. " a,re_ 6ci KY co wnn\ rr�1 n -ILL focevJ 1 J t Oar D7 roc(xCi�v 50"v-,ks 4D cam Cly�t�ws. Co»cuy� alvmr%} Wu ar cchs¢dJci.w. Was i�Qa-�n kecf i o�u' av�w�a.tict r.v.d re U) �J rroJ2. Dwr RfdW �o toot/ c ua. C.p vnM tip r ' y We Gt —'I ' gruCR Ni p..t t.yr.Per tn�S What specific attitudes, ski is and/or experti e o you think you have whi would enhance the work of the La Quinta Planning Commission? PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-495 CALLE TAMPICO LA QUINTA, CA 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT LU1 Katie Barrows 53298 Avenida La Ouinta, G4 92253 • (760) 564-2413 • kate.cnb@verizon.net 2007 to Director of Environmental Resources, Coachella Valley Association of present Governments (CVAG) The Coachella Valley Association of Governments brings together 10 cities, Riverside County, and three tribal governments for coordination of regional issues. Responsibilities include coordination of environmental programs including regional initiatives related to energy conservation and efficiency, air quality issues, solid waste and recycling, water quality, habitat conservation planning and trails issues. Work with member agencies to implement both regional and local efforts to promote sustainable use of our natural resources, solid waste and recycling, water conservation, and energy conservation programs. Coordinate completion and implementation of the Coachella Valley Multiple Species Habitat Conservation Plan working with local, state and federal agencies, including staff support to Coachella Valley Conservation Commission. 1997 to Associate Director, Coachella Valley Mountains Conservancy 2007 The Mountains Conservancy is a state agency which works to conserve open space, scenic and habitat lands within the Coachella Valley, and to enhance public appreciation and educational experiences on those lands. Responsibilities include conservation planning, land acquisition, habitat restoration, community outreach, local assistance grants, media coordination, administration and facilitation of cooperative projects with local, state, and federal agencies, community groups, and members of the business community to promote conservation goals. Since 1994 the Mountains Conservancy has worked under contract with the Coachella Valley Association of Governments to prepare the Coachella Valley Multiple Species Habitat Conservation Plan, a regional conservation plan for 1.1 million acres of Colorado Desert lands. Responsibilities related to this project include coordinating development of reserve design, species models and ecological GIS database, scientific principles with scientific advisory committee, monitoring and management program, and preparing the plan. Also responsible for coordination with planning staff and elected representatives from local jurisdictions, coordination of trails planning, and education program. Other responsibilities include office management, personnel, and public information. 1988 to Adjunct Faculty, College of the Desert, Division of Applied Science Present and Business Instructor in environmental studies (Conservation of Natural Resources), field biology, and other related subjects in the natural resources and environmental science field. 1991 to Consulting Staff, Coachella Valley Mountains Conservancy 1997 Provide staff services to the Mountains Conservancy, as consultant. Responsibilities include conservation planning, land acquisition, habitat restoration, community outreach, fundraising and development, media coordination, administration and facilitation of cooperative projects with federal and state agencies, community groups, and members of the business community to promote conservation goals. �UZ Katie Barrows — Resume Page two 1986 to Ecological Consultant, self-employed 1996 As a self-employed environmental consultant prepared land management plans, environmental review documents, and conservation plans for federal, state and local agencies and private development companies. This work involved knowledge of state and federal environmental laws (CEQA, Federal Endangered Species Act) and land planning concepts. Some examples include: • Mesquite habitat evaluation for the City of Indio • Ecological Evaluations and Biological Assessments for various clients including ._ various Coachella Valley planning and development firms, The Nature Conservancy • Cooperative Management Plan for Baldwin Lake Ecological Reserve near Big Bear Lake, CA. 1991. Cooperative plan involving U.S. Forest Service, California Department of Fish and Game, Nature Conservancy, and private landowners. Also developed conservation plans for endangered species in the Big Bear area. 1980 to Preserve Manager, The Nature Conservancy, 1986 Northern California Coast Range Preserve As Co -Manager, responsible for management of an 8,000 acre natural area owned by The Nature Conservancy in old growth forests of Northern California. Responsibilities included development of cooperative management programs with BLM and other state, federal, and private organizations, conservation planning, development and implementation of research programs, prescribed fire plan, interpretive programs and visitor services, supervision of volunteers and part-time staff. 1978 to Park Naturalist, Riverside County Parks Department 1980 Managed park visitor center and interpretive programs in Corona, California. Responsibilities included development and implementation of interpretive programs for children and adults, coordination of community events, volunteer/docent program, visitor services, exhibits, and community outreach activities. EDUCATION: University of California, Davis. Bachelor of Science — Wildlife Biology. 1978 Humboldt State University. Graduate work for Master of Arts, Biology. 1994. COMMUNITY SERVICE: PERSONAL: Friends of the Desert Mountains. Board Member/Board Liaison. 1991 to present. La Quinta Cove Neighborhood Association, Steering Committee. Stewards of the Fred Wolff Bear Creek Nature Preserve Coachella Valley Water District Water Management Plan Implementation Task Force Environmental Community representative to the Riverside County Waste Management Advisory Council/Local Task Force California Native Plant Society, Riverside/San Bernardino chapter, President. Desert Horticultural Society Planning Commission. City of La Quinta. June 2006 to June 2008. June 1991 to June 1996. Chair from 1992 to 1994. Born in Glendale, California. La Quinta resident since 1986 Married, one son Hobbies: hiking, travel, desert gardening, nature study, volunteer activities 2Uil Date: May 29,2008 CITY OF LA QUINTA RECEIVED APPLICATION THE SE16ypnnON V 30 An a 01 LA QUINTA PLANNING COMMIS$ILA QUINTA C� CI EFK'S OFFICE NAME: Frank P. Blum HOME ADDRESS: 47840 Via Livorno, LaQuinta, CA 92253 (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME) _760-564-2410 BUSINESS:_ 760-701-9146 EMAIL:_fblum@dc.rr.com FAX: 760-564-4559 BUSINESS ADDRESS:_ 78000 Fred Waring, Palm Desert, CA 92211 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD. Commercial Real Estate Agent, Coldwell Banker Commercial, Lyle & Associates LENGTH OF RESIDENCE IN LA QUINTA: Four Years HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Yes, on numerous occasions _ Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. Please see attached cU FRANK P. BLUM 47840 Via Livorno La Quinta, CA 92253 760-701-9146 EDUCATION: Bachelor of Arts Degree in Economics, California State University, Long Beach Frank Blum has twenty-five years experience in banking, equity and debt financing, land acquisition, entitlement, construction, marketing, project management; development of multi family, commercial, single- family housing and real estate sales & acquisition. Skilled in conducting feasibility studies, cost break down analysis, ROI, and budget analysis. Experienced in property acquisition, land acquisition and entitlement, including presentations before planning commissions and city councils for entitlements. EMPLOYMENT: June 2004 Present COLDWELL BANKER. Relocated to the Coachella Valley and joined Coldwell Banker Commercial. Represent buyers and sellers, landlords & tenants for commercial property, apartments, raw land and subdivisions. Responsibilities include leasing The Atrium, a 61,000 sq.ft. Mall in Rancho Mirage. 2002 to 2004 REXFORD CAPITAL/George Smith Partners. Broker private and institutional equity to builders & developers in Southern California. Focus was to builders that build between 25 and 500 homes, Condominiums or Town homes per year. 2001 to 2002 GRANITE INVESTMENT GROUP. Director Capital Formation. Responsible for underwriting projects and raising equity and mezzanine financing for this $700,000,000 apartment house owner, including the financial modeling. The company acquires and repositions 100 to 500 unit multifamily apartment buildings in the western states. The emphasis was to establish relationships with Wall Street and Pension Fund equity sources. 1998 to 2001 WASIIINGTON MUTUAL BANK Manager Inland Empire construction lending division. Responsible for opening and developing the Riverside county region to medium and large privately owned builders and developers. Duties included origination; underwriting and loan management. Reporting included monthly and quarterly status, financial stability and completition probability. Conducted and supervised the valuation, due diligence, financial modeling, and capital structure analysis. Project financing included land acquisition, development and construction. This division had the responsibility of developing $150,000,000 annually. 1972 to 19" B.E. DEVELOPMENT/ REXFORD CAPITAL. Owner. Developer. Responsible for development of multi -family, high end single-family detached housing, and commercial projects. Financial responsibilities included raising equity capital from high net worth individuals. The duties included land acquisition, entitlement, financing, bidding and managing all phases of the project from acquisition through construction and sale, including.presentations before planning commissions and city councils for approvals. Projects include acquisition, renovation, financing and sale of multi -family units, a commercial strip center in Long Beach, a PUD in the city of Orange and the construction and sale of waterfront homes in the Naples area of Long Beach and Huntington Harbor, Huntington Beach (price range $800,000 to $3,000,000). GUJ BUSINESS AND CIVIC ACTIVITIES lID Board member Energy Consumer Advisory Commission. (ECAC) LaQuinta Rotary, Treasurer `06/ `07, Secretary `07/ `08. President-elect 109/2010. Past -President Bixby Hills Community Association. Past -President, Presidents Associates, CSULB. Past -President, CSULB Athletic Foundation. Past -Vice President Long Beach Rotary. Board of Directors, Membership Chairman, Long Beach Grand Prix. Board of Directors, Boys Scouts of America, Long Beach. Board of Directors, Long Beach City College Foundation, Chairman Audit Committee. Member, International Council of Shopping Centers. Past Member, Building Industry Association, National & Southern California. Past Member, Mortgage Bankers Association. DEVELOPMENT PROJECTS Long Beach, Belmont Heights. Acquired strip center in this beach community. Rehabbed the building and parking lot. Re -leased to new tenants that upgraded the interior spaces. Re -leased for long term, triple net terms at 300% increase in income The Mariposa, a 99 Unit nine story apartment building, in the Ambassador Hotel area of the mid Wilshire district of Los Angeles. Completely rehabbed this class "A" building and arranged capital structures. The building consisted of singles, one and two bedroom apartments. The Gramercy, a 66 unit six story class "A" apartment building in the Hancock park section of the Mid Wilshire district of Los Angeles. Rehabbed and re rented the building with fire doors and retrofitted with sprinklers to comply with Los Angeles fire code. The Rossmore, a 43 unit five story class "A" apartment building in the Hancock park section of the mid Wilshire district. Financed, rehabbed and re rented this classic building. Orange Park Acres subdivision. Acquired and entitled this five -acre Planned Unit Development (PUD) for a gated four estate home development. Long Beach Peninsula. 5511 Seaside walk. Acquired, demolished, rebuilt and sold this 3300 sq.ft. beach front luxury home Long Beach Peninsula. 5701 Bayshore walk. Acquired, rehabbed and sold this bay front home Long Beach Peninsula. 5600 Seaside walk. Acquired and remarketed this ocean front lot Long Beach Peninsula. 6701 Bayshore walk. Acquired this double lot. Split lots and sold to custom owner builders. Huntington Harbor. Venture Dr., Trinidad Island. Acquired lot and remarketed to buyer to build his custom home. DRE License # 0114490 E-Mail: fblum @dc.rr.com 4:00 APPLICATION, PLANNING PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission. It is the responsibility of the Planning Commission to implement the policies of the city as established by the City Council and the Planning Commission as stated in sections 2.29.0109 0209 030 and 040; review all information from staff and applicants; attend scheduled monthly and additional meeting as required; apply common sense in decision making; and consider the impact of those decisions concerning neighboring projects, traffic, schools, parks, etc. What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? The city is experiencing a period of exceptional growth and development. In order to insure the growth results in continuing desirability to new residents, a sound, well - developed plan needs to be followed. This should be combined with an open-minded attitude to flexibility and change. As the city grows, attention must be paid to infrastructure, traffic flow, commercial and residential development, schools, public parks, and facilities for all age groups. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? With 35 years in building, development, banking and exposure to community master planning. I bring a broad background of experience to the Commission. I have made a number of presentations before planning commissions and city councils which enables me to understand the application process from both sides of the podium. I have served on numerous boards of directors and committees where I have demonstrated good interpersonal skills in interacting with fellow committee members, staff, and the public. PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-495 CALLE TAMPICO LA QUINTA, CA 92247 THANK YOUFOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT U 7 Date: $ CITY OF LA QUINTA RECEIVED APPLICATION TO SERVE ON THE 200E MHY 23 AM 10 25 LA QUINTA PLANNING COMMISSION_ CI I Y OF LA nU191TA C!11" CLERK'S OFFICE NAME: 'JreNT S. CIp.,A, o&_ HOME ADDRESS: 4 Q -SbS M rRAME GT Lh Q ► 'k CA 9uS 3 (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE:(HOME)_?O Z39-4S2_$ BUSINESS: 2Z-aa4s EMAIL: Cremmeria 5:f3c thw�eeS . co FAX: BUSINESS ADDRESS AP12 i. �a�fpu, Z �wJ Q&S44 �%g -5 to_4c IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD L-o VA k LENGTH OF RESIDENCE IN LA QUINTA: 3 '/Z Y Q 5 HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Y s Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. l/ n 1 a . J.- f k , , S&OC l VOR i• I'1910� ,! So ewes N �7iuPrsi S�l,o LXtr��l9�iS�. n _. k. -e_ kea A /1/'- Ll 4 lC.! �h� SC✓C✓ f+I1TMP�! i Qr�L I.I 'T �.1 Pyc%uJ � � ENT �}JMi!•14i _ / vve.) 6 f.k i6 LA dos o r,� 7 w 1'kE 7b I+eto.,49' Ac>j e (A _h�4- 60MtAW .TY APPLICATION, PLANNING COMMISSION L U 3 PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission. IM! P�s C0M0A%SS.1;— P/.ilwt¢) I What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? TI* tier=b TJ 13A1.'.NCE (��. w'cN W rrM �.7J+roN.btNr.��-. RNn OTitc/1.• COMMVA•fy ConA�.t,A)S M4 Suaaa f7+• %,f ?V co 1nue� cr/owT!• b i�' �T Igo So 2A-SAOAl14 aLi't�-11!4 CP�f+•8++�� "1l of- T(t� 1SfK' What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? 3_to JF L+1' Qo.-4« A. �+! t. ^y-r ID 56E +T ev.rf+mot IJ Pros/EA. T A- LV6 &JtDn561tw+7o/s o6e,� M� wetk J t �DOto �iAo tea �, � CET To � IfcA.tT pF 4n ISS�+E w .� r k& IiCASOYf� PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-496 CALLE TAMPICO, LA QUINTA, CA 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT LU� CITY OF LA QUINTA APPLICATION TO SERVE ON THE RECEIVED 26913 MY 23 flf9 7 55 LA QUINTA PLANNING COMMISSIONCiTYOF L 1 QU!ifTq NAME: H. Stone James Clir C! EM""S O FILE HOME ADDRESS: 81659 Rancho Santana Drive, La Quinta, CA 92253 (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME) 760.219.7227 BUSINESS:760.341.8520 Ext 201 EMAIL: siamesC@odonnellatkins.com FAX: 760.341.8902 BUSINESS ADDRESS: 74-960 Highway 111, Indian Wells, CA 92210 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD: Land Broker LENGTH OF RESIDENCE IN LA QUINTA: 1.5 Years HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Yes BIOGRAPHICAL SKETCH, INCLUDING EDUCATION, WORK EXPERIENCE, CIVIC INVOLVEMENT AND OTHER BACKGROUND. PLEASE BE SURE TO INCLUDE EXPERIENCES RELEVANT TO DUTIES OF THE POSITION YOU SEEK. Commitment, integrity, diligence and energy. These are the traits I posses and employ in my personal life, my professional life and my civic life. Whether it be: • Technical mountain rescues, • Negotiating multi -million dollar land transactions, • Assisting the physically or mentally challenged, • Helping a private university design their next major student housing project, or • Assisting illiterate or low income citizens with filling out and submitting their income tax returns, I approach my volunteer work with the same passion, dedication and determination demonstrated in my professional life (I will provide a summary of past & present civic involvements at the end of this application). If given the opportunity to serve as a member of the La Quinta Planning Commission, I would offer the citizens of La Quinta the following background: • The nuts and bolts understanding of business & economics developed by earning a Bachelor of Business Administration with a major in Accounting and Planning Commission Application Page 1 of 3 H. S. James IV 70 building upon that education with years of related professional experience The experience gained with volunteering, both in sworn and non -sworn capacities, for either the Federal Government or County Governments for the last 17 years A solid real estate related understanding of public policy, design and finance developed by earning a Master of Real Estate Development from the top real estate development and public policy school in the United States (University of Southern California, 2003) The professional experience and training gained from working with two fortune 500 companies, one Fortune 10 company, two of the top ten publically traded homebuilders and currently, the top residential land brokerage firm in the State of California. As far as what I would do for the citizens of La Quinta, this is simpler. My goal as a member of the Planning Commission would be to support the City Council and City staff in their collective pursuit to make the City of La Quinta an even better and more attractive place to call home, to raise a family and to build a business. Having a strong professional background in real estate, having an equally strong community service background and drawing from experiences gained from living across the United States will allow me to assist in directing and promoting the City's physical and economic development. DESCRIBE YOUR KNOWLEDGE OF THE FUNCTIONS, REGULATIONS, AND PROCEDURES OF THE LA QUINTA PLANNING COMMISSION. The responsibilities of the planning commission include: • Serving as a resource to and an advisory panel for the City Council • Ensuring development conforms to national, state and local laws and ordinances • Helping direct and maintain the City's General Plan • Ensuring today's developments promote the health, safety, prosperity and general welfare of its citizens both now and in the years to come WHAT SPECIFIC ISSUES OR PROBLEMS FACE THE LA QUINTA PLANNING COMMISSION AND DO YOU HAVE ANY SUGGESTIONS AND DO YOU HAVE ANY SUGGESTIONS TO ADDRESS THOSE ISSUES OR PROBLEMS? A rising tide floats all ships. This was clearly illustrated in the last real estate upswing. Projects which offered little shot up and were gobbled up by anxious end users. Now that the economy has slowed and the real estate market has dropped faster and farther than even the brightest Wall Street minds ever envisioned, the time for refocusing on the basics of development is now. Without going into exhaustive detail, developmental "basics" include focusing on the function, fit and form of a project. Will Planning Commission Application Page 2 of 3 H. S. James IV the project have a lasting positive impact on the community, on the residents and on the business owners? An important component in ensuring developers present their best and brightest work is for local and/or county governments to work more closely with the developers. Public/private partnerships, open lines of communication and, were possible, the city/county agency working to remove or minimize common developmental road blocks will be critical for cities/counties looking to attract progressive developments and grow. WHAT SPECIFIC ATTITUDES, SKILLS AND/OR EXPERTISE DO YOU THINK YOU HAVE WHICH WOULD ENHANCE THE WORK OF THE LA QUINTA PLANNING COMMISSION? Please see the above biographical statement. Past & present civic involvement (This is NOT an exhaustive list): • Inland Empire Executive Committee Member— Urban Land Institute • Inland Empire Young Leader Group Co -Chair — Urban Land Institute • Los Angeles County Sheriff Department — Level I (Highest level) Reserve Deputy (currently assigned to Emergency Operations Bureau) • Los Angeles County Sheriff Department — Emergency Medical Technician • Los Angeles County Sheriff Department — Former Altadena Mountain Rescue Team Member • Nothingcanstopme.org — Volunteer & runner (Athletes helping children & young adults suffering from cerebral palsy move beyond their limitations) • World Trade Center / September 11 m First Responder • Spokane County Sheriff Department— Former Water Rescue Team Member • United States Forest Service — Former Fire Prevention Volunteer (nine years) • Special Olympics Volunteer • Former Member of the Gonzaga University Student New Housing Design Committee • Former VITA (Volunteer Income Tax Assistance) Volunteer • Former Gonzaga University Ambassador • Former Big Brother Planning Commission Application Page 3 of 3 G1Z Date: May 14, 2008 RECEIVED CITY OF LA QUINTA I !flY 14 Pn 1 08 APPLICATION TO SERY�, OF L-4 Qli,NT 1 ON THE �-,-, ,FF!OE LA QUINTA PLANNING COM IiSI S10N NAME: Thomas Evans Lindstrom HOME ADDRESS: 79020 Citrus L a Quinta CA 92253 (Must be a La Quinta resident and eligible to vote in the City I am reeUstered to vote TELEPHONE: (HOME) 760.333 6691 BUSINESS: 760-564-2068 EMAIL: tlindstrom0polosguare com FAX, 760 564-6518 BUSINESS ADDRESS: 78060 Calle Estado La Quinta, CA 92253 IF EMPLOYED. LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD• 1 am currently an Owner/Partner of Polo Square Partners, LLC. I also own and manage the building at 78060 Calls Estado La Quinta, CA. 92253 LENGTH OF RESIDENCE IN LA QUINTA: Two Years in La Quinta and over 20 years in the Coachella Valley HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? I have attended many Planning Commission and City Council meetings in the course of my business, however, not in La Quinta. Biographical sketch including education work x «once cnfic involvement and other background. Please be sure to rndude a xperiences relevant tg doss of the gluon you see Please see attached resume. I have in depth experience in business, management and real estate. 2i3 APPLICATION. PLANNING COMMISSION PAGE 2 The basic function of the planning commission is to make and adopt a plan for the city's land use development. The purpose of the planning commission is to serve as the principle advisory body to the city council. I am not aware of the current problems facing the city at this time; however I am quick to assess situations and recommend actions; to alleviate proms. One of the problems that face most cities today is graffiti control and removal. Respsxtsible growth and land use using LEEDS environmentally sound development needs to be addressed. I have a good knowledge of alternative energy sources (LEEDS) and Zeroscaping to reduce and conserve landscape water uses. Please feel free to contact me should you have any further questions. Thank you in for considering my application, PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-495 CALLS TAMPICO LA QUINTA, CA 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT LI4 Thomas Evans Lindstrom 79020 Citrus La Quinta, CA. 92253 (760) 333 6691 (310) 684 5451 HIGHLIGHTS OF QUALIFICATIONS ➢ 25 years successful experience in management, real estate development and marketing. ➢ Qualified to manage all aspects of a complex development project. ➢ Exceptional skills in assessing business opportunities. ➢ Professional reputation for vigilant fiscal management. ➢ Thorough familiarity with entire redevelopment process. ➢ Involved community leaderj Wovs confidence and trust. RELEVANT EXPERIENCE ✓ Served as a successful general partner and develooer for Polo Square Partners, LLC partner/developer of a cement mixed use development consisting of 633,000/SF retail, 572 residential units of which 450 are high-rise, two hotels, a 120 room Marriott and a 250 room Westin Las Vegas enticements (130 acre commercial land development on the Las Vegas Strip) owner Bahamas, 1700 arse mixed use resort development all aspects of entitlements and development Jordanelle Partners entitled 1400 acre residential GoWSpa Country Club project Parkview Plaza, Manhattan Beach, California. (316,000 sq. ft. twin tower Office complex) Manhattan Plaza, Manhattan Beach, California (65,000 sq. & office complex) Pacific Plaza, Ontario, California (200,000 sq.1i. shopping center) Harbor Plaza, Los Angeles, California. (400,000 sq. & 29-story office complex) LAX World Trade Cep, Los Angeles. Master Planned, mixed use redevelopment project (120 acres) Manhattan Country Club and Office Building Manhattan Beach, California (consultant) Rancho Alegre, Rolling Hills, California Owned, designed and remodeled 10-aae horse tartch estate. Palm Springs, California Desert House. Owned, designed and remodeled home to farmer 1930 two-story Mediterranean -Spanish theme. Bel Air, Cali6amia Home. Owned and remodeled gated private estate. Mmaga Gates for Bel Air Association Civic Project. Developed and constructed oneofa4Cmd west entrance to prestigious Bel Au community ✓ Projects as Vice President, Acquisitions and Deve� Murdock Corpmakoa._Los Angeles. Pacific Shares, Santa Monica, Califs rnla. Procured former Royal Jan. Redevekiped now, successful hotel. Westlake, California. Acquired 1200 acres and entitled and subdivided (14) 20-acre estate parcels. City oJrIndizury, Cal#brnia bzdastrial Complex. Subdivided and entitled parcels and developed buildings for manufacturing and distribution companies. BUSINESS ASSESSMENT Analyze economic feasibility, demographic trends, and competing product availability. Achieve total cooperation among owner, contractor, archooct, tenants, leader, building authorities, and other entities involved. Secure entitlements, environmental reports, survey, soils and work with land planners and civil engineers and govermmuerttat agencies Negotiate equity participation and construction fnaamnig. HONORS AND AWARDS Recjpima Manhattan Beach Chamber of Commerce Ari;hooctwal Awards Parkview Plaza and Manhattan Plaza, Manhattan beach, California Recipient, Model Colony Award for Best Commercial Project, Ontario Chamber of Commerce Pacific Plaza Project, Ontario, California # 1 Marketing Repramatativo, Control Data Corporation ACTIVITIES AND PUBLICATIONS Speaker, "Entitlements, Impact Fees and Downtown Devekpaaertt," California Redevelopment Association Annual Conference Article and photos of Palm Springs Desert Home, California Magazine Featured Article, Design" West Magazine Judge, Pereira Prize, Architectural Award. Selected to join 4 professionals to designate awardees Co-founder, South Bay Chapter, Fried of the Wellness Co-founder and Member, Board of Directors, Wings West Airlines (acquired by American Eagle owned by American Airlines) Member, 100% Club, Control Data Corporation and IBM 1 J Thomas Evans Lindstrom Page 2 EDUCATION, CERTIFICATION AND LICENSE University of Nevada, Las Vegas Hotel/Casmo Program University of Minnesota, Business Administration UCLA Graduate School of Business Administration, institute of Industrial Relations, Certificate, Human Factors Management, Certificate, Information Processing and Computer Programming, University of California, Los Angeles Computer Sales Workshop, Control Data Corporation Advanced Real Estate Courses, Santa Monica College Techniques of Professional Property Management, Department of Real Estate Scope of Professional Property Management, Department of Real Estate, Ethics, Professional Conduct and Legal Aspects, Department of Real Estate, Agency and Disclosure, Department of Real Foxte, The Hotel Industry Investment Conference, UCLA, The Shopping Center Conference, UCLA, Real Estate Development, UCLA, California Real Estate Brokers License Nevada Real Estate Brokers License (former) Commercial Pilot License (multi-engme, instrument and seaplane ratings) WORK HISTORY July 1995 to present Monarch Development and various partnerships (Polo Square Partners, LLC) Managing Member, Developer July 1979 to 1995 August Loewe Development, Rolling Hills Estates, CA General Partner, Vice President April 1977 to July 1979 Murdock Development Corporation, Los Angeles, CA David H. Murdock is listed on the Forbes 400 with a net worth of $5 billion and has acquired Dole Food Co. and Castle and Cooke Inc. Vice President, Acquisitions and Development. Specialty: Office, Industrial, Hotel, Condominiums and Commercial Development Coldwell Banker and Company, Commercial Division, Beverly Hills, CA Real Estate Broker Non -real estate Central Data Corporation (CDC), Los Angeles, CA Senior Account Representative Non -real estate International Business Machines Corporation (IBM), Aerospace Office, Los Angeles, CA Market Representative L7o WILSON t" JOHNSON NSWZW CAPITAL GROUP La Quinta City Council 78 495 Calle Tampico La Quinta, CA 92253 Dear Council, May 20, 2008 Please accept my application for the open positions on the La Quinta City Planning Commission. I have also submitted applications for the Community Services Commission and Architecture & Landscaping Review Committee. My intention is not to serve on all three, but to express my willingness to serve the City and its residents in some capacity. I believe my skills, background and work experience is best suited for the Planning Commission. I am excited and eager to serve the City. Best ds, u 45.445 Portola Avenue, Suite 5, Palm Desert, California 92260 ♦ Phone 760.837.1880 ♦ Fax 760.837.0036 � 7 7 Date: May 20, 2008 CITY OF LAQUINTA RECEIVED APPLICATION TO SERVE ON THE 2008 MY 23 PIS 1'-1 13 LA QUINTA PLANNING COMMISSION CITY OF LA OJMTA NAME: Larry E. Pughe CITY CLERK'S OFFICE HOMEADDRESS: 53-495 Avenida Rubio, La Quinta, CA 92253 (Must be a La Quints resident and eligible to vote in the City.) TELEPHONE: (HOME) (760) 702-3127 BUSINESS: (760) 837-1880 EMAIL: 1pughe@wilsonjohnson.net FAX. (760) 837-0036 BUSINESS ADDRESS 45-445 Portola Avenue, Palm Desert, CA 92260 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD_ Wilson Johnson Capital Group - Managing Director LENGTH OF RESIDENCE IN LA QUINTA: 3 years residency (in LQ since 1 999 ) HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? yes Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. Please see attached biographical sketch 73 APPLICATION, PLANNING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission. The Planning Commission is given the responsibility of carrying out objectives set in the City's General Plan. Other functions include reviewing new project design signage matters, zoning, while assuring that California Laws and City Ordinances are met. The Commission meets twice a month and serves in an advi capacity to the City Council What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? The Commission has done a wonderful job and balancing quality of of life and the City's demand with the growth of the future is a chal One issue to mention is the lane alignment for eastbound traffic at the intersection of Highway 111 and Adams Street. Perhaps markings through the intersection would help to stay in lanes. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? As Managing Director of Wilson Johnson Capital Group, I have been a part of developments in the Valley. I work with developers, builders, contractors, archetects, etc. on projects. As a PGA member. I have overseen golf operations and combined with real estate experience, my expertise should serve the Commission well. I work well with others on projects and I am very fond of the SilverRock project. PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-495 CALLE TAMPICO LA QUINTA, CA 92247 THANK YOUFOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERIVAIENT LARRY PUGBE BIO Currently, I am Managing Director of Wilson Johnson Capital Group, the financing arm of Wilson Johnson Commercial Real Estate, one of the largest real estate developers here in the Coachella Valley. In addition to my finance and real estate expertise, I also have 10 years of experience as a golf professional overseeing private and public golf resorts and still hold a PGA card. As a graduate of the University of Wyoming with a B.S. in Marketing, I was a Legislative Assistant for U.S Senator Malcolm Wallop in Washington D.C. This experience created a life-long interest in public service, which led me to run for La Quinta City Council in 2006. Last year, I was tapped to be a part of Leadership Coachella Valley, which is a selective incubator organization for future leaders in the Valley. Most recently, I was elected to serve on the Board of Directors for the La Quinta Chamber of Commerce. Although originally from Wyoming, I have happily lived and golfed in La Quinta since 1999 and currently live in the La Quinta Cove. R. MZCHAEL ROWNSON, ACZP 61304 TOPAZ DRIVE LA QUZNTA CA 92253 HOME. 760.393.8683 CELL: 760.777.3231 23 May 2008 Honorable Don Adolph, Mayor City of La Quinta PO Box 1504 La Quinta CA 92253 RE: PLANNING COMMISSION APPLICATION Honorable Mayor Adolph: I am very excited to submit my attached application for the current openings on the City of La Quinta Planning Commission. As noted in my application and resume, I have 34 years of local government planning experience. The last three years I served as Secretary to the Costa Mesa Planning Commission. Although I am a relatively new resident of La Quinta, I am eager and committed to serving the City Council and the entire La Quinta community to ensure that new developments meet and maintain the high design qu,�Nty of the city's existing development framework. I look forward to participating in the upcoming interviews for this important committee. Should any members of your staff have any questions about the attached material or my qualifications and interest in the Planning Commission, please feel free to have them contact me at their earliest convenience. Sincerely, MICHAEL Attachments: Planning Commission Application Resume' 4 0 CITY OF LA QUANTA APPLICATION TO SERVE ON THE LA QUANTA PLANNING COMMISSION NAME: HOME ADDRESS: (Must be a RECE`VED ?GOE PRY 23 fin 1 u0 crrr OF Ln OQui`f rA f' ! ri ERf 'S OFFICE eligible to vote in the City.) TELEPHONE: (HOME) 3`i 3' ��of62 syslr&& ceu.: _BUSINESS ADDRESS12 �NJ IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD NIA LENGTH OF RESIDENCE IN LA QUINTA:fft.?IIMB Aohla' )f -0k; * U- 11111 SIAX!' / -P7 HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Y8'! Biographical sketch, including education, work experience, civic involvement and other back- ground,,Please Abe sure'to, include experiences relevant to duties of the position you seek. .1t I v . i Mir, am LU, APPLICATION, PLANNING COMMISSION PAGE 2 4 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission. ~Jwf 291AAA1!/u/'L 1 .&Ai �OWAJUVV � _.4. .17.... �.... What specific issues or problems face the La Quints Planning Commission and do you have any suggestions to address those issues or problems? / ��. P . / r r� L a• iL f What specific attitudes, skills and/or expertise do you think you have which would enhance the La Quinta Planning Commission? PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX ISO4` 78 496 CALLE TAMPICO LA QUINTA, CA 92247 THANK YOUFOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT Cii3 ROBERT MICHAEL ROBINSON, AICP 61304 TOPAZ DRIVE LA QUINTA CA 92253 Home: (760) 393-8682 Cell: (760) 777-3231 EDUCATION Bachelor of Science, Urban and Regional Planning California State Polytechnic University, Pomona (1973) Master of Public Administration California State University. Long Beach (1979) Assistant Development Services Director City of Costa Mesa, California November 2004 to September 2007 Division manager responsible for overall management of Planning Division of Development Services Department. Supervises and directs work of eight professional planners, with 2006/2007 budget of $1,225,476. Directed preparation of SOBECA, 19 West, Mesa West Bluffs and Mesa West Residential Urban Plans to provide economic development incentives for a portion of Bristol Street commercial corridor and Westside Costa Mesa. Directed processing of environmental and land use entitlements for North Costa Mesa High Rise Residential project, consisting of 1,296 condominiums in eight high-rise (six to thirty stories) residential towers. Serves as Secretary to Costa Mesa Planning Commission. Planning & Redevelopment Manager City of Costa Mesa, California June 1999 to November 2004 Division manager responsible for supervision of the Advance Planning Section of the Development Services Department and administrative functions of the Costa Mesa Redevelopment Agency. Directed preparation of 2000 General Plan Update, and major land use entitlements and development agreements for Segerstrom Home Ranch (104 acres), South Coast Plaza Town Center (54 acres), Sakioka Farms (150 acres), and 1901 Newport Boulevard Residences (145-unit mixed use redevelopment project). Directed preparation of 2u Robert Michael Robinson, AICP Page 2 Redevelopment Feasibility Study and work efforts to expand Downtown Redevelopment Project Area. Directed local economic development program. Administered Eastside Annexation Program and LAFCO relations. Prepared division budgets and conducted personnel evaluations. Principal Planner City of Costa Mesa, California December 1987 to June 1999 Division manager responsible for supervision of Advance Planning Section of Development Services Department. Responsible for directing work efforts of professional planning staff, preparation of division budgets, and personnel evaluations. Acted as Department Budget Liaison, Redevelopment Agency Liaison, and Computer Liaison. Served as Economic Development and Business Retention program coordinator. Represented City interests on intergovemmental planning forums, including Measure M Growth Management Planning Forum, Regional Advisory Planning Council, and Orange County Council of Governments Technical Advisory Committee. Major projects completed during tenure include the 1990 General Plan Review Program, North Costa Mesa Specific Plan, Newport Boulevard Specific Plan, Planning Division Services Delivery Study, Automobile Club of Southern California headquarters expansion, and award -winning Triangle Square downtown redevelopment project. Senior Planner City of Costa Mesa, California May 1981 to December 1987 Supervisor of Advance Planning Section (1984 to 1987) and Current Planning Section (1981 to 1984) of Development Services Department. Responsible for directing work efforts of professional planning staff, preparation of division budgets, and personnel evaluations. Major projects completed during tenure included 1981 Comprehensive General Plan Update, Comprehensive Design Plan for Downtown Redevelopment Project Area, and large-scale general plan amendments, specific plans, and environmental review documents for Segerstrom Home Ranch, Amel Development Metro Pointe, and Sakioka Farms projects. LUJ Robert Michael Robinson, AICP Page 3 Associate Planner City of Costa Mesa, California September 1975 to May 1981 Advanced professional -level position responsible for a variety of municipal planning projects and studies. Conducted independent research and evaluation of privately - initiated general plan amendments, redevelopment plan amendments and rezones. Drafted Zoning Code and Sign Ordinance amendments and prepared 1997 General Plan Housing Element update and Westside Community Plan. Prepared staff reports and made presentations to Planning Commission, Redevelopment Agency, and City Council. Served as City Environmental Evaluator responsible for preparation and processing of all City and private sector project environmental documents. Assistant Planner City of Costa Mesa, California September 1973 to September 1975 Entry-level position responsible for processing city -initiated general plan amendments and special studies. Conducted initial research and evaluation of privately -initiated general plan amendments, rezones, and development projects. Participated in the preparation of Master Plan of Bikeways, Civic Center Study, and Whittier Avenue Land Use Study. Prepared staff report and presentation graphics. PROFESSIONAL AFFILIATIONS Member, American Institute of Certified Planners Member, American Planning Association Administration Chair, 1998 CCAPA Conference Committee Registration Chair, 1990 CCAPA Conference Committee COMMUNITY AFFILIATIONS Member, Trilogy at La Quinta Transition Committee, Facilities Subcommittee Member, Trilogy at La Quinta Emergency Preparedness Committee Member, La Quinta Chamber of Commerce PRESENTATIONS Orange County Section APA Monthly Programs Orange County Section APA Nuts and Bolts Workshops Orange County Planning Directors Association Planning Officials Forum League of California Cities Planners Institute LU0 Robert Michael Robinson, AICP Page 4 Allan L. Roeder, City Manager City of Costa Mesa (7140 754-5237 Donald D. Lamm, Deputy City Manager — Development Services Director City of Costa Mesa (714)745-5270 Kimberly Brandt, Assistant Development Services Director City of Costa Mesa Planning Commissioner (1985 —1987) City of La Quinta (714)754-5604 Ed Fawcett, Executive Director Costa Mesa Chamber of Commerce (714) 574-8785 George M. K. Sakioka Roy K. Sakioka & Sons (714) 545-8611 r, LU Date:_ 5�/ y/O 8 CITY OF LA QUIN EIVED APPLICATION TO S1 VE ON TIM FIRY 21 Ail 11 08 LA QUINTA PLANNING CT'WF'MRI IA Sfci/�v>74rC1 ! i i CLERK'SOFFICE NAME: Aienf 5-- HOME ADDRESS: Hop SO r✓icc 4m i .SLLLtcZo- C,¢ W-5--3 (Must be a La Quinta resident and eligible to vote in the City.) CELi TELEPHONE: (HOME) 740 777-8494 BuslNEs& 74 O 6q1-09R c EMAIL: Ufa �lmCtvl S Ca-) QOA Co M FAX: /VIA BUSINESS ADDRESS /V/A IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD_ LENGTH OF RESIDENCE IN LA QUINTA: `- Yezz-rs HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Yes Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. M APPLICATION, PLANNING COMMISSION 68 PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning agey /ctizdSC e co,"Inl-Y-`ees .,o e Td deS��yr l//eGtJ ctai o� P�Qn 7L cor�cern S . What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? Lo!nd case da la-nc a 6e'J�eeh a-nd GO-b (�j Y41 �.,�1 7��a . c conce'#-ns CL h 1 �ac-/1' 25e 61 /. �e 4-o L-� 6!/� 'A to What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? 9 r"o w 77-7 PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78 496 CALLE TAMPICO LA QUINTA, CA 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT L U 9 Date: May 23, 2008 CITY OF LA QUINTA APPLICATION TO SERVE RECEIVED ON THE 2008 MY 23 Pn 9 43 LA QUINTA PLANNING COMMISSION CITY OF LA QUIUTt1 NAME: Mark Weber CITY CI ER,K'S OFFICE HOME ADDRESS: 78-795 Wakefield Circle, La Quints, CA 92253 (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME) 760-200-1098 BUSINESS: 760-427-8038 EMAIL: mdweber@iid.com FAX: 760-398-5848 BUSINESS ADDRESS 81-600 Avenue 58, La Quints, CA 92253 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD IID Energy - Key Customer Representative LENGTH OF RESIDENCE IN LA QUINTA: HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. Involved member of the City of La Quinta and the Community. Interface well will all levels of Developers, City Officials and staff. Prior elected, appointed and volunteer positions in City and County Govt. Active in various Chambers of Commerce for the_past 10+ years Attenddd numerous City Council and Planning Commission Meetings Experience reading Engineering Drawings and reviewing Protects. Experience in Energy Efficiency and Conservation efforts/measures. Involved in CVAG Energy Conservation Subcommittee. Currently Chairperson of the La Quinta Community Services Commission. 290 APPLICATION, PLANNING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission. The Planning Commission functions in an advisory capacity to the City Council, within the Planning and Zoning Laws of the State of California and Lhe City's Zoning Ordinance. They are responsible for developing and maintaining the Cit 's r_eneral PInn ndiriqing City r _____l regarding sie a t , * a sig development of specific plans. Parliamentary procedure and Robert's Rules apply,_ What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? Growth continues with a focus on Commercial developmentiin the Old Town/Cove rontinue to he a priority Addressing trnffir, dpnSiY3[., nffnrdnh1P_hnusiug, maintaining views and lifestyle, energy conservation beyond Title 24 green space. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? T bring a well rounded barkgro,nd of community invnl a ant with thp cpepifi planning and development experiences needed in a growing community. My prior elected, appointed, volunteer and work environments have provided me with a somewhat unique set of skills to work Pffprtively with the general pliblip, City Council, staff and developers. My energy, enthusiasm positive attitude and PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-495 CALLE TAMPICO LA QUINTA, CA 92247 THANK YOUFOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT LJI Mark D. Weber 78795 Wakefield Circle La Quinta, California 92253 760.427.8038 (W) 760.200.1098 (H) mdweber@iid.com Objective: To be a valued member of successful teams, attaining challenging goals, in environments that foster personal and professional growth, aligned with team goals EDUCATION AND EXPERIENCE M.B.A.- Winthrop University 2003 B. A. Psychology - UCLA 1986 Special Coursework IMPERIAL VALLEY COLLEGE - ELECTRICITY/LINEMAN'S APPRENTICE 101 UNIVERSITY OF CAMBRIDGE - LEYES COLLEGE - ARCHITECTURE, LITERATURE, HISTORY. UCLA EXTENSION - GOVERNMENT CONTRACTING; REAL ESTATE; GRANT WRITING; CONTRACT NEGOTIATIONS; MARKETING. IID Energy - Imperial Irrigation District, La Quinta, CA KEY CUSTOMER REPRESENTATIVE SINCE 2004 ACTING SUPERVISOR, PUBLIC PROGRAMS YEAR 2005 - Supervised and Led Public Programs Staff of 3 in Coachella Valley - Continued to as Key Customer Representative. KEY CUSTOMER REPRESENTATIVE - COACHELLA SINCE 2004 - Assisting in Development of New IID Key Customer Program - Manage Key Customer Program in Coachella Valley - Develop and Implement Marketing Strategies with Key Customers - Develop and Implement Industrial Development Program - Daily contact with Key Customers regarding power operations, rates, regulations, energy efficiency, billing and load management - Participate in Special Company Events & Community Programs DPU - Department of Public Utilities, City of Orangeburg, SC CUSTOMER RELATIONS SUPERVISOR 2002 TO 2004 - Supervised 10 employee Customer Service Department Responsibilities included: Supervising CSR's, Customer Service Supervisor, Administrative Dispatcher, Utility Call Center, Revenue Protection and Tampering, Lobby & Drive thru Security. - Maintained prior responsibilities as Key Accounts Representative KEY ACCOUNTS REPRESENTATIVE 1998 TO 2004 - Directed Key Accounts Program & Serviced Key Accounts - Negotiated and Administered Electric Contracts with Key Accounts - Developed and Implemented Marketing Strategies - Developed and Implemented Industrial Development Program - Lead Public Relations Activities and Media/Advertising Activities - Organized and Lead Special Company Events & Community Programs - Member of Department Safety Team 292 Raytheon Systems — Hughes, Orangeburg, SC BUSINESS ANALYST 1990 TO 1998 - Fiscal Contract Management for Three Major Product Lines - Developed Cost Estimates using Manufacturing Cost System - Negotiated and Administered Contracts Valued up to $10 M - Briefed all Levels of Management on Cost Performance - Performed Budget/Cost Analyses to Determine Current Performance - Performed Internal Financial Audits to Verify Cost Projections - Coordinated New Business Proposal Team Activities - Represented Company in Governmental Audits and Fact Finding - Member of Company ISO 9002 Quality Audit Team TRW Inc. - Space and Defense, Redondo Beach, CA & Spartanburg, SC BUSINESS ANALYST 1985 TO 1990 - Site Business Manager for $24M Savannah River Site Sub -Contract - Briefed Customer, Government & Management on Cost Performance - Performed Budget/Cost Analyses to Determine Current Performance - Analyzed Cost & Schedule Variances and Initiated Corrective Actions - Supervised Overhead, Bid/Proposal & Research/Development Budgets - Prepared Manpower, Sales, Financial and Salary Forecasts ORGANIZATIONS / ACHIEVEMENTS COMMUNITY SERVICES COMMISSION, CITY OF LA QUINTA CHAIRMAN, SINCE 2006 COMMISSIONER, SINCE 2005 COACHELLA CHAMBER OF COMMERCE CHAIRMAN OF THE BOARD, SINCE 2006 ASSISTANT TREASURER, 2005 BOARD MEMBER, SINCE 2004 INDIO CHAMBER OF COMMERCE BUSINESS RECRUITMENT & RETENTION COMMITTEE, 2004-2007 ORANGEBURG COUNTY CHAMBER OF COMMERCE DIRECTOR, 1999-2001 VICE PRESIDENT, BUSINESS DEVELOPMENT, 1999-2000 PUBLIC RELATIONS COMMITTEE, 1998-2004 CHAIRMAN'S AWARD "FOR OUTSTANDING, UNSELFISH SERVICE", 1998 COACHELLA VALLEY ENTERPRISE ZONE - ADVISORY BOARD BOARD MEMBER, SINCE 2004 COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS, - ENERGY CONSERVATION SUBCOMMITTEE MEMBER, SINCE 2007 COACHELLA VALLEY ECONOMIC PARTNERSHIP TREASURER, 2006-2007 EXECUTIVE COMMITTEE, 2005-2007 BOARD MEMBER, 2004-2007 LEGISLATIVE COMMITTEE MEMBER, SINCE 2004 ROTARY CLUB MEMBER OF LA QUINTA CLUB, SINCE 2004 SECRETARY LA QUINTA CLUB, 2006-2007 DIRECTOR LA QUINTA CLUB, 2004-PRESENT SECRETARY ORANGEBURG CLUB, 2004 ��3 WY OF F 5 `y OF Tt MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Veronica J. Montecino, CMC, City Clerk DATE: June 12, 2008 SUBJECT: City Boards, Committee and Commission Applicants The City Clerk Department has received the attached letters from Mr. Kent Stallman and Ms. Lucy Moreno informing they are not able to attend the interviews scheduled for the June 17, 2008 City Council meeting. t94 RECEIVED 2G08 l!N 11 Pr. i ITA �IGc To: Veronica From: Lucy Moreno CC: City Clerks Office Data June 11, 2008 Re: June 17 Interviews Hello, I am writing this note to inform you in advance that I have a commitment on June 17, 2008 at the Loma Linda School of Dentistry and will not be able to attend the interview. This appointment is very important, for a young child will be undergoing oral surgery and I will be providing the transportation. We have waited months to get this appointment and it is impossible to reschedule. I am available at any other date and time, please let me know when you can schedule an interview for the Community Service Commission position and I will be there. My contact information: Cell. 760 485-9145 Work: 760 399-8129 (8.4:30) E-Mail: lmoreno(cDcoachell.12k.ca.usorixchelll@yahoo.com 1 G�� MrS. SrALLMAN 48509 VIA AMSrAV LA QuINrA, CA 92253 }TOME PRONE 760-777-8494 CELL- 760-641-0985 E-MAIL - SrALLMANS@AOL.COM June 9, 2008 La Quinta City Council La Quinta, CA Re: Commission Interview To Whom It May Concern: RFC7I\1FI) 2008 RN 10 Aft 10 17 CITY OF LA QUIP! TA CIT`; 01FRiC'S OFFICE I will be unable to attend the City Council meeting on June 17 for the purpose of the interview for the Community Services Commission position. I will be on the east coast to attend my son -in-laws' retirement as a Commander in the U.S Navy, so I am unable to reschedule my trip to attend the meeting. My education and work experience in school district/city government has given me a good background to serve on this commission. In addition to work experience, I have volunteered in multiple professional associations and presently serve on the Board of Directors as Treasurer of Laguna Del La Paz HOA in La Quinta. If you have any question I can be contacted by cell phone or e-mail. Thank you for consideration of my application. Sincerely, Kent S. Stallman LJ� MrS. SrALLMAN RECFiVF0 48509 VIA AMSMD ��$ ,U N 10 f m 10 18 LA QUINM CA 9225f }SOME PHONE 760-777-8494T y OF LA QUIii.TA CELL- 760-641-0985 VF( C L E R K' S OFFICE E-MAIL - SrALLMANS@AOL.COM June 9, 2008 La Quinta City Council La Quinta, CA Re: Commission Interview To Whom It May Concern: I will be unable to attend the City Council meeting on June 17 for the purpose of the interview for the Planning Commission position. I will be on the east coast to attend my son -in-laws' retirement as a Commander in the U.S Navy, so I am unable to reschedule my trip to attend the meeting. My education and work experience in school district/city government has given me a good background to serve on this commission. In addition to work experience, I have volunteered in multiple professional associations and presently serve on the Board of Directors as Treasurer of Laguna Del La Paz HOA in La Quinta. If you have any question I can be contacted by cell phone or e-mail. Thank you for consideration of my application. Sincerely, Kent S. Stallman L97 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: June 17, 2008 BUSINESS SESSION: ITEM TITLE: Consideration of Nomination of Nancy Doria to the Palm Springs International Airport Commission CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve the nomination of Nancy Doria to the Palm Springs International Airport Commission for the period July 1, 2008 through June 30, 2011. FISCAL IMPLICATIONS: None CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: Approval of this item will nominate Nancy Doria to the Palm Springs International Airport Commission (Commission) for the period July 1, 2008 through June 30, 2011. The Palm Springs City Council then makes the appointment to the Commission. On September 7, 2004, the City Council approved the appointment of Nancy Doria to the Commission for the period September 15, 2004 through June 30, 2008. Ms. Doria filled in for the remainder of the previous Commissioner and has expressed a willingness to be reappointed to this Commission. 1 GJ� On December 18, 2007, the City of the La Quinta Clerk's Office received notification from the City of Palm Springs (Palm Springs) City Clerk's office that the term for Commissioner Nancy Doria will expire June 30, 2008. Palm Springs Municipal Code subsection (c) of section 2.06.010 states "Persons appointed to a board or commission may be reappointed for up to one additional full term, not to exceed a total of seven years of service on such board or commission." The nomination and eventual reappointment of Commissioner Nancy Doria to the Commission for an additional three years will fulfill her maximum allowable continuous service. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Nominate Nancy Doria to the Palm Springs International Airport Commission; or 2. Do not nominate Nancy Doria to the Palm Springs International Airport Commission; or 3. Provide staff with alternative direction. Respectfully submitted, Bret M. Plumlee, Assistant City Manager — Management Services Approved for submission by: Thomas P. Genovese, City Manager Tay/ 4 e6P Qumrry OF'C>�' COUNCIL/RDA MEETING DATE: June 17, 2008 ITEM TITLE: Consideration of Exempting Certain Sized Properties from Having to Complete Pre -Annexation Development Agreements RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The City Council has directed staff to focus on addressing the fiscal impact of future annexations. The focus has been to evaluate and refine the City's fiscal model and to use The Enclave project as a case study. RSG and City staff have been working with a private fiscal consultant representing The Enclave to first resolve concerns regarding the City's fiscal model. The City Council, at its November 20, 2007, Study Session, directed staff to draft pre -annexation development agreements and to use $29,188 as the mitigation payment for funding City services for 30 years. If the City Council determined that certain properties should be exempt from completing pre -annexation development agreements, a mitigation payment would not be collected. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: After having been established in April, 2006, significant time and resources have been dedicated to addressing the potential annexation of properties within the City's Sphere of Influence (SOI) in Vista Santa Rosa. Over the past two years, the primary focus has been upon the analysis of fiscal impact and future land use. Multiple study sessions have been conducted regarding fiscal impact and the analysis of a fiscal model. 360 During the February 5, 2008 City Council meeting, Council Members considered a fiscal mitigation policy (Attachment 1). The staff report provided for that meeting recommended exempting small developed parcels from the pre -annexation development agreement. Though the proposed policy and staff recommended exemption were both discussed during the meeting, no direction was provided regarding any exemption. Therefore, as it stands, all properties proposed for annexation are required to complete the negotiation of a pre -annexation development agreement prior to City Council action on a proposed annexation. A request was recently made by a representative of the owners of the La Quinta Motorcoach for the City Council to consider exempting properties one acre or smaller from the requirement to complete a pre -annexation development agreement (Attachment 2). The request includes both improved and unimproved properties. The letter claims that most of the properties within the annexation area proposed by the La Quinta Motorcoach ownership are already developed and that the mitigation fee would be too burdensome upon small property owners. ANALYSIS: Since receiving the request from owners of the La Quinta Motorcoach, City staff has inventoried all properties one acre or smaller in size within the Sphere of Influence (S01) in Vista Santa Rosa. There are 401 parcels that would be exempted under their request. The attached map (Attachment 3) represents the inventoried properties. According to an aerial photo survey of the S01, 47 of the 401 identified properties are vacant. It is believed that most, if not all, of the improved parcels include a single family residence. Confirmation of actual improvements would necessitate a site survey of the subject properties. The exemption of properties from the requirement to negotiate and enter into a pre - annexation development agreement would eliminate the potential for receiving mitigation payments intended to offset the fiscal impact of future development. Development on exempt properties would not pay a proportionate share of the cost to provide services for the next 30 years. Conversely, the inventory shows that a limited number of small lots exist within the S01 with most already having single family residences established. The potential for most of these properties to be further subdivided or consolidated for redevelopment is limited. It is estimated that the combination of vacant inventoried and further subdivided properties could yield approximately 100 single family residential units. Based upon the current single family residential fiscal mitigation fee amount of $29,188, the exception could result in a fiscal mitigation revenue loss of $2,918,800. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 301 1. Direct staff to ensure that the owners of all properties greater than one-half acre in size enter into pre -annexation development agreements prior to City Council consideration of said annexation; 2. Direct staff to ensure that the owners of all properties that are one acre or more in size enter into a pre -annexation development agreement or 3. Direct staff to ensure that the owners of all properties proposing annexation enter into pre -annexation development agreements prior to City Council consideration of said annexation; or 4. Provide staff with alternative direction. submitted, Les Jdhnson Planning Director Approved mission for su ion by: l��c.�,Y...z-�� Thomas P. Genovese City Manager Attachments: 1. City Council Minutes February 5, 2008 2. La Quinta Motorcoach Letter — Exemption Request 3. S01 Map — Properties <_ 1.0 acres City Council Minutes 8 February 5, 2008 ATTACHMENT 1 out when we are going to start bridging the no.. _. the unicipal-run facilities. Should a funding request be received, she would prefer money be divided equally between the two types of facilities because the on -profits desperately need it. She feels there is a disconnect, or neglect, beca a the need has been picked up by other organizations with government help. Ms. Wilson noted the no rofit organizations have received financing through CDBG funding. Shea d the second major goal of the strategic plan is to address the needs in the a valley, not to duplicate services, but rather expanding them to fill the gaps. Mayor Adolph stated he feels homelessness is a lem that is not going to go away, and needs to be fixed. Council Member Sniff stated he doesn't feel government ding is the solution, and would be more comfortable if the survey had bee one on how many families have been rescued. RESOLUTION NO. 2008-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ENDORSING THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS' HOMELESSNESS COMMITTEE'S STRATEGIC PLAN TO END HOMELESSNESS. It was moved by Council Members Osborne/Henderson to adopt Resolution No. 2008-005 as submitted. Motion carried with Council Member Sniff dissenting. 3. CONSIDERATION OF PLANNING AREAS 1 AND 2 FISCAL MITIGATION POLICY AND CONFIRMATION OF DIRECTION REGARDING DRAFT PRE - ANNEXATION DEVELOPMENT AGREEMENTS. Planning Director Johnson and Redevelopment Consultant Spevacek presented the staff report. City Manager Genovese stated staff is looking for direction on the following: confirmation of Council's previous direction on the draft development agreements, including the mitigation payment of $29,188; potential land - based financing policies; and working on a pre -annexation agreement for The Enclave project to serve as a model for other single-family projects. Also included would be a plan for services, fiscal impact analysis regarding the 303 City Council Minutes 9 February 5, 2008 annexation, LAFCO reorganization application, and CEQA review for The Enclave project. Council Member Sniff asked what the current status is of the Motorcoach Resort and Enclave proposals. Mr. Johnson stated The Enclave project has become more active the last few months with staff meeting with them on a regular basis. The Motorcoach prqject has been slower with several outstanding needs from them not being met yet. He added staff is committed to processing both applications in a very timely manner. Council Member Sniff voiced frustration about the amount of time being spent on this without any movement. He asked what it would take to get this moving within the next two weeks. Mr. Johnson explained staff is waiting on a few transportation -related items from the applicant to complete the CEQA review process before scheduling the project to go before the Architecture & Landscape Review Committee. Staff has made a commitment to meet with the applicant on a regular basis to ensure that both are staying on track. Council Member Sniff stated he is tired of not getting to a point of approximating a conclusion, and wants to know what the problem is. Mr. Johnson noted the process has accelerated since receiving the fiscal number. Council Member Sniff voiced frustration about the delays, and stated it's time to "fish or cut bait." In regard to the fiscal mitigation policy, Council Member Osborne asked what the impact would be to land owners who do not have a proposed development. City Attorney Jenson stated there will be no fiscal impact until they pull a building permit. Council Member Osborne asked how code compliance regulations would be applied in rural areas that have facilities such as a food processing plant. Mg. Jenson stated they would have to comply, but noted the City adopted the "right -to -farm" issue as it relates to annoyances due to proximity to 3U— 4 City Council Minutes 10 February 5, 2008 homes. Uses permitted under the County but not the City would become a non -conforming use and not be allowed to expand. Council Member Osborne asked if properties with horses would be allowed to continue, and Ms. Jenson responded that regular farm operations would be allowed to continue. Council Member Henderson noted equestrian is not the same as farming. Council Member Osborne asked if the next step for The Enclave project would be to go to LAFCO. Mr. Johnson stated the project is tentatively scheduled to go before the Planning Commission in March or April and the Council in April or May. If approved, it would then go to LAFCO. In response to Council Member Henderson, Mr. Johnson confirmed staff is recommending that developed parcels of less than %: acre with established residences be exempt from a pre -annexation development Council Member Henderson commented on the amount of time it takes to get a development agreement in place, and asked if development of a draft agreement is in process. Ms. Jenson stated not yet, but she doesn't envision it slowing down the entitlement process. She confirmed the developer will have an opportunity to see the development agreement long before the entitlements come before the Council. Council Member Henderson stated she is willing to revisit the possibility of land -based financing, noting it is market driven. In regard to the mitigation fee, she believes the number can be further tweaked because the City will not be operating under the same financial conditions as we are today. She noted staff has tweaked the number in the staff report, and Mr. Spevacek confirmed it can be further tweaked by the Council. She believes the best time to do that would be when a development agreement is before the Council. In response to Council Member Kirk, Mr. Johnson confirmed staff is preparing an initial study on Mr. Noya's project, with traffic being the only issue that might trigger an EIR. Ms. Jenson confirmed with the absence of a mitigation payment, the impact on public service could trigger an EIR. City Council Minutes 11 February 5, 2008 Council Member Henderson asked if tweaking the number would create a chockmark in the EIR, and Ms. Jenson stated it could. Council Member Kirk noted the fiscal analysis prepared for the City showed a massive fiscal deficit in 30 years, and asked if any residential development in tho City would trigger an EIR. Ms. Jenson stated it would be something to consider for any large scale development. She confirmed any determination of a significant impact on public services as the result of a residential development in the State could trigger an EIR. Council Member Kirk stated that means we cannot build any more in the State because we are not willing to take steps to fix the financial situation. He thanked Mr. Noya for taking his project to the Vista Santa Rosa community, and voiced criticism about painting ourselves into a corner on approving residential development. He doesn't feel it makes sense, and asked what the total cumulative deficit of the Noya project would be in 30 years without any mitigation fee. Council Member Kirk noted Mr. Noya's project could generate $147 million to the County Redevelopment Agency, and those funds could be used for the homeless problem that was discussed earlier. Mr. Spevacek stated the 2006 analysis showed an annual General Fund deficit of approximately $20 million. The Enclave deficit starts out at $100,000 a year, increasing up to $1.9 million by the 13' year without any mitigation. After 30 years, the property tax revenue would come into play. At year 30 without the property tax revenue, the deficit would be $1.8 million,. and drop to approximately $800,000 when the property tax is allocated to the City. Council Member Kirk asked about fiscal impact fees in other parts of the Inland Empire. Mr. Spevacek stated, basically, it's not being done, and confirmed the City is on the "cutting edge." In response to Council Member Kirk, Mr. Johnson stated in addition to the mitigation fee, the City's residential development fee is approximately $5,000 to 6,000 plus school fees and the building permit. Council Member Kirk noted total development fees could be a large part of constructing a residential home and affect the ability to provide housing in the valley. He is opposed to a $30,000 mitigation fee, and feels it is ridiculously large. He is also opposed to land -based financing. While 366 City Council Minutes 12 February 5, 2008 optimistic that we might fix some structural problems, he is not confident that the trend for voters to overturn special assessments is going to be reversed. Council Member Henderson stated she was talking about public improvements only where bonding is provided. City Manager Genovese explained land -based financing would be tied to infrastructure improvements and backed with bonds, and once the debt occurs, it cannot be voted out. Council Member Kirk voiced concern about it creating a "have and have not" situation. As for the other items, he is in favor of moving forward and getting a draft agreement out immediately. Mr. Spevacek responded to Council Member Kirk's earlier inquiry as it relates to revenues of The Enclave project versus expenses, and stated the cumulative deficit amount over the 30-year period would be $30.7 million. Council Member Sniff questioned there being that many property owners that will want to be annexed, and voiced frustration about the need to move forward. Mayor Adolph stated he is also frustrated, and looking forward to the first project coming before the Council for consideration on its own merit. MOTION — It was moved by Council Members Sniff/Henderson to direct staff to move forward promptly with the current applications in the proper order. In response to Council Member Osborne, Council Member Sniff confirmed the motion includes drafting a pre -annexation agreement for The Enclave project and the agreement being the model for all other proposed single- family residential annexation proposals. It also includes that all properties proposing to be annexed would be expected to enter into a pre -annexation development agreement prior to the City submitting an annexation application to LAFCO. Motion carried unanimously. Mr. Genovese stated staff is still looking for direction on Item Nos. 1 and 2 regarding the mitigation fee and existing policies on CFDs and/or CSDs. Council Members Kirk, Osborne and Sniff indicated they were not supportive of having staff come back with any additional information on CFDs. 307 City Council Minutes 13 'February 5, 2008 Council Member Sniff stated the mitigation fee will be addressed with each development agreement, and noted it's a working number that can be modified as Council feels it is appropriate to do so. In response to Council Member Kirk, Mr. Genovese stated the fiscal mitigation policy is not included in the staff recommendation. recessed to and until 7:00 p.m. P Robert Cox, 78-3 5 Crestview Terrace, expressed appreciation for the City's support of the Safe Ouse of the Desert, and confirmed they are still collecting items. PRESENTATIONS Queen Scheherazade, PrincesXFaird and Princess Dunyazade invited everyone to attend the Riverside CountNational Date Festival on February 15-24, 2008. PUBLIC HEARINGS 1. PUBLIC HEARING TO CONSIDER AN ORDI NCE TO ESTABLISH A LOCAL DEVELOPMENT MITIGATION FEE FOR FUN G THE PRESERVATION OF NATURAL ECOSYSTEMS, AND ADOPTION OF RESOLUTION ADOPTING THE LOCAL DEVELOPMENT MITIGATION FEE S £DULE APPLICABLE TO NEW DEVELOPMENT WITHIN THE CITY IN AC09RDANCE WITH THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT C SERVATION PLAN. Planning Director Johnson presented the staff report. The Mayor declared the PUBLIC HEARING OPEN at 7:18 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING OSED at 7:18 p.m. JU� ATTACHMENT 2 DUDEK 75-150 SHERYL AVENUE PALM DESERT. CALIFORNIA 92211 T 760 341 .6660 F 760.346.61 IS MEMORANDUM DATE: June 6, 2008 TO: Wally Nesbit City of La Quinta Community Development Department 78495 Calle Tampico La Quinta, CA 92253 FROM: Jon Berg, Environmental Planning Manager SUBJECT: Pre -Annexation Development Agreement Exemption for 1-Acre Parcels or Less within 210-Acre Monroe -East Annexation Area Dear Mr. Nesbit, With regard to the affected property owners of the 210-acre Monroe -East Annexation area, we discussed the possibility of exempting individual property owners within the proposed annexation assemblage, containing parcels 1-acres or less in size, from having to agree and/or sign the City's Pre -Annexation Development Agreement (DA). This would include both improved and unimproved properties 1-acre or less within the annexation assemblage, with the caveat that these properties would be subject to the provisions of the DA if/when they are merged to create parcels larger than 1-acre. As shown on Exhibit A, there are a total of 20 individual properties located within the overall 210-acre Monroe -East Annexation Area. Thirteen (13) of the subject parcels are currently improved and the remaining seven (7) are unimproved. Exhibit B provides a list of APNs for the affected subject parcels and qualifies whether they are improved or unimproved. The La Quinta Motorcoach Applicant has met with all of the individual property owners of parcels larger than 1-acre within the affected annexation assemblage and has received their verbal support that they would all be willing to sign the City's Pre -Annexation DA to support the Annexation. The primary reason for the exemption request is due to the fact that most of these parcels are already developed, and the impending fiscal mitigation fee associated with the DA would be too burdensome on the smaller property owners, making it economically infeasible to develop their property. Consequently, these property owners have communicated that they would be opposed to signing a DA in support of the Annexation. The La Quinta Motorcoach Applicant would like the opportunity to present this idea to the City Council for their consideration at the June 17th Council Meeting. Please advise as to what needs to be submitted to City Staff in order to have this item officially placed on the City Council agenda for action. Feel free to give me a call to discuss. Best Regards, Jon Berg Environmental Planning Manager Dudek 75150 Sheryl Avenue Palm Desert, CA 92211 WWW DUDEK.COM 3 U , I10 26 ,ax � 4"'mos I O e 2.25 AC ML I EXHIBIT A NORTHWEST 40-ACRES IMPROVED + UNIMPROVED PROPERTIES 1-ACRE & LESSp� cm gum =$A tat fl� 9, ,04TJ 9\/ O 2.2 AC ML LoNal IN (D O 0.10ACRE 0.49ACRE ,aa 17.03ACML ua too l 415") 0z ¢m. �wc 27 LOS AC ML 9 ��17 26 0 n0 0.49ACRE 0 O0 O 6 18 a 25 m 1.8 AC ML 1.B AC ML o 2.47 AC ML m m 9 19 m O" ACRE m `a 0 E 24 [Q e m 0. CRE OA9ACRE 0.12ACRE n O23 21 0.n ACRE 22 9 0.49ACRE 30 30 ,zo teo 6,420 ,02 102 saotnw LEGEND UNIMPROVED m PARCELS < 1 AC DUDE K IMPROVED PARCELS < 1 AC ;3 A EXHIBIT B List of Affected Subject Parcels 1-Acre or Less Improved Parcels Unimproved Parcels 1) 764-220-009 1)764-220-001 2) 764-220-012 2) 764-220-010 3) 764-220-013 3) 764-220-011 4) 764-220-014 4)764-220-021 5) 764-220-015 5) 764-220-022 6) 764-220-016 6) 764-220-023 7) 764-220-017 8) 764-220-018 9) 764-220-019 10)764.220-020 11)764-220-024 12)764-220-025 13)764-220-026 75-150 Sheryl Avenue, Palm Desert, California 92211 (760) 341-6660 / (760) 346-6118 fax � rr44"r.:}cii e @Ir '�3 . iunxu�i `unn/ ■ 0 I T ■ LQ SOI 1 LQ SOI 1 Properties 51.0 acres (69 total parcels; 18 vacant parcels; 51 improved pa642 CO w e CJ' LQ SOI 2 LQ SOI 2: Properties 51.0 acres (332 total parcels; 29 vacant parcels; 303 improved parcels) s V _ S ram. 9 �FM OF T41F 9 COUNCIL/RDA MEETING DATE: June 17, 2008 AGENDA CATEGORY: ITEM TITLE: Continued Discussion of an Amendment to BUSINESS SESSION: La Quinta Municipal Code Section 9.160.060 — Permitted Temporary Signs CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: During the Mayor and Council Member's Items section of the February 5, 2008 City Council meeting, Councilmember Kirk spoke regarding the placement of political signs inconsistent with code provisions just prior to elections (Attachment 1). Councilmember Kirk requested the matter be placed on a future meeting agenda. At the May 20, 2008 City Council meeting, a study session was conducted regarding this matter. Following the discussion, Council Member Kirk requested the City Attorney to research the City's ability to penalize flagrant abuses with stiff fines, and to consider a restriction of all temporary signs in the right-of-way except directional signs, including signs pointing the way to special events. The staff report from the May 20, 2008 study session (Attachment 2) and meeting minutes (Attachment 3) have been provided for reference. In response to the request, Rutan & Tucker has provided a memorandum (Attachment 4) that analyzes the prohibition of temporary signs within public right-of-way, use of directional signs and the potential for increasing fines for temporary signs in violation of the Municipal Code provisions. Regarding the prohibition of temporary 3 _-13 signs, the memorandum concludes that such a ban is possible but somewhat problematic. A prohibition with exemptions for directional signs for special events may be viewed as a content -based regulation subject to strict scrutiny review. The memorandum also concludes that fines are justified for deterring temporary sign violations provided they are reasonable. FINDINGS AND ALTERNATIVES: 1. Direct staff to amend the Municipal Code; 2. Do not amend the Municipal Code; or 3. Provide staff with alternative direction. Respectfully submitted, Director Approved for submission by: Thomas P. Genovese City Manager Attachments: 1. City Council Minutes February 5, 2008 2. Political Signs Staff Report - May 20, 2008 3. Meeting Minutes - May 20, 2008 4. First Amendment Limitations Memorandum #2 314 City Council Minutes 20 February 5, 2008 ATTACHMENT #1 MAYOR AND COUNCIL MEMBERS' ITEMS nciI Member Sniff commented on the amount of correspondence received from Mr. Fre cks and Save Our La Quinta Neighborhood, and asked if their complaints are being ad ss�d. City Manager Genovese stated Code Enforcement has been sent out. Mayor Adolph noted the City has n-dr-1 representatives from the Resort, and issues. over private streets, but he talked to i%axe agreed to try to resolve these In response to Council Member Sniff, City Attorney Jenson staled injunction has been upheld regarding Mr. Fredericks' use of the entrance * R* N a R**♦ 4* i M Council Member Kirk spoke regarding obnoxious political signs being placed on private property just prior to elections. He noted there is a five-day loophole in getting staff to deal with this issue, and he would like to know if there is any interest in trying to tighten the regulations. Council Member Sniff stated he feels the current ordinance is good, and doesn't see any need to change it. In response to Council Member Henderson, City Attorney Jenson confirmed the possibility of shortening the five-day process. Council Member Kirk requested it be brought back as a study session or business item. There being no further business, i ec Sniff/Henderson to adjourn. Motion carried unanimously. Respectfully submitted, PHYLLIS MANLEY, Deputy City Clerk City of La Quinta, California by Council Members v1J ATTACHMENT #2 COUNCIL/RDA MEETING DATE: May 20, 2008 ITEM TITLE: Discussion of an Amendment to La Quinta Municipal Code Section 9.160.060 — Permitted Temporary Signs RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: During the Mayor and Council Member's Items section of the February 5, 2008 City Council meeting, Councilmember Kirk spoke regarding the placement of political signs inconsistent with code provisions just prior to elections (Attachment 1). Councilmember Kirk requested the matter be placed on a future meeting agenda. The La Quinta Municipal Code (LQMC) provides language specific to temporary signs, which by definition includes political signs. Temporary signs are intended to be posted for a maximum of sixty days and include garage sale signs, seasonal sale signs and political signs. A maximum of 50 temporary signs per applicant are permitted. When more than 5 such signs are proposed, a sign permit is required. A non-refundable deposit is also required to insure sign removal upon expiration of the permitted posting time. Due to the limited number, political signs are often strategically placed in an effort to obtain the greatest visibility with a majority of the signs typically placed within the public right-of-way. LQMC Section 9.160.060(H) addresses removal of temporary signs from public and private property when such signs are unsafe or insecure, a menace to public safety, or 3 J1 have been constructed, erected, relocated or altered in violation of the City's code provisions (Attachment 2). This section provides different removal processes for temporary signs placed on public versus private property. Removal of temporary signs from public property may be removed summarily followed by the owner of the sign being notified to recover the removed sign. Temporary signs removed from private property require written notice be provided and five days allowed for compliance prior to removal. The provision allowing five days to respond to the notice for removal for temporary signs placed on private property was established in order to allow for a reasonable amount of time for the owner to respond and to ensure that there is not deprivation of due process for the owner to challenge the notice. Legal counsel recently reviewed this matter in the context of possibly reducing the number of days or removing altogether the response time. Subsequently, a memorandum was provided explaining the regulation of such signs implicates first amendment principles and should be carefully considered (Attachment 3). In addition, a recent article from the Public Law Journal also speaks to the matter of regulating election signs (Attachment 4). In summary, the regulation of political signs must be consistent with provisions established for all other temporary signs. First Amendment rights limit the ability to remove political signs from private property unless an immediate threat to public health or safety exists or reasonable notice is given and an opportunity to respond is provided for prior to the sign being removed. The current five day response period for removal of temporary signs from private property could be shortened, though doing so may bring into question if the amount of time provided to respond to the notice for removal is reasonable. FINDINGS AND ALTERNATIVES: Amend the Municipal Code per Council direction; 2. Do not amend the Municipal Code; or 3. Provide staff with alternative direction. Respectfully submitted, Les Johnson Planning Director 3i7 Approved for submission by: Thomas P. Genovese City Manager Attachments: 1. City Council Minutes February 5, 2008 2. La Quinta Municipal Code Section 9.160.060 3. First Amendment Limitations Memorandum 4. Public Law Journal Article - Regulating Election Signs 3 , l City Council Minutes 14 May 20, 2008 after; and stated it is very easy to jump on the bands ATTACHMENT #3 park after someone, however may be better names for this particular park. Council Member Henderson stated there are procedureZestablishe nd is not in favor of changing the procedures. In response to Council Member Kirk, Community Servylton stated this issue is not time sensitive and staff wouldbtain information on the civic involvement of Mr. Allen. Council Member Kirk stated he would like in ation on why the street is named Seeley Drive. Mayor Adolph stated he knows Mr Ilen very well and his background; stated he has no objections to n ing the park after him, but he no longer lives in the City; stated he as one of the founding members of the community and one way t honor him is to name a park after him; and conveyed his support in nducting research of Mr. Allen's accomplishments and the naming of Se y Drive. Council Membe niff stated it is a nice thing to honor people when they are still alive; stated he has no objection with this going back to the CommunjW Services Commission to research the accomplishments of Mr. action was taken on this Item. STUDY SESSION 1. DISCUSSION OF AN AMENDMENT TO LA QUINTA MUNICIPAL CODE SECTION 9.160.060 — PERMITTED TEMPORARY SIGNS. Planning Director Les Johnson presented the staff report. Council Member Kirk thanked City Attorney Jenson and Planning Director Johnson for compiling the staff report; stated the attorney's position is conservative because of first amendment rights; and questioned if the City of Indian Wells enforces a ban on temporary signs. City Attorney Jenson explained the City of Indian Wells has a ban on all temporary signs on the public right-of-way; stated the City cannot differentiate between the types of signs. 3.19 City Council Minutes 15 May 20, 2008 Council Member Kirk stated the City has a reasonably good sign ordinance, but it is abused just before the election; stated there is a strategy during the election which allows a large banner to be erected outside the public right-of- way and the property owner has five days to remove it from the date of the notice of violation. Council Member Sniff stated if people put up signs four days before the election, they will loose as 50% of the votes are absentee ballots. Council Member Kirk questioned if the City can give a one day notice requiring applicant to remove the sign. City Attorney Jenson stated the five days is an adjudicated due process, four days is closer to being risky and one day is virtually nothing, especially if giving written notices; and stated there must be reasonable time for someone to take steps to respond to the notice. Council Member Sniff suggested the City could notify people who take out the permit if the sign is in violation, it will be removed immediately. City Attorney Jenson stated if putting them on notice of violating the code, the City still has an issue with notice to private property owners.. Council Member Kirk stated a candidate who might pull a permit may argue the sign on private property is not his sign. Council Member Sniff stated what we have currently does a good job and doesn't see a need to change anything; and stated he doesn't take offense with the signs as long as they are removed after the election. Council Member Kirk stated he finds all the temporary signs distasteful and those placed illegally are the most distasteful; questioned if a penalty can be established, if he cannot obtain his objective. City Attorney Jenson stated the City can establish a fine but only across the board. Council Member Kirk questioned the City Council if there is any interest by the rest of the members in establishing a penalty. Council Member Henderson conveyed her agreement to looking at a method; stated staff would be placed in an awkward position because the penalty process would be quick. City Attorney Jenson explained the public is charged with knowledge and the notice of violation can indicate the violation is subject to a fine. Mayor Adolph stated he wished Council Member Kirk was on the City Council when they dealt with this many years ago; and conveyed his dislike of the temporary signs. 3 �L City Council Minutes 16 May 20, 2008 City Attorney Jenson questioned if there is any interest in banning temporary signs in the public right-of-way. Council Member Kirk stated he would be interested. Council Member Osborne questioned the definition of the public right-of-way. City Attorney Jenson stated the definition is established by the code. Council Member Henderson stated the reason the temporary sign ordinance was established is because the City has organizations and events that utilize them to bring patrons into the event area. City Attorney Jenson stated the City cannot differentiate between types of temporary signs. Council Member Henderson stated the City has already established to permit temporary directional signs, without the organization's name on it. Council Member Sniff stated he is not in favor of any changes. Council Member Osborne stated if there is a way to eliminate political signs in the right-of-way he would support it. Mayor Adolph stated the good news is that in our City, it is not abused. Council Member Kirk stated it is not clear there is a majority on the subject of how to deal with signs in the right-of-way; and requested the City Attorney to research if the City can penalize or restrict flagrant abuses of the temporary sign ordinance, revisit the issue of restricting all signs in the right- of-way, and allowing the directional signs that have been previously allowed to be posted. REPORTS AND INFORMATIONAL ITEMS CVAG Homelessness Committee — Council Member Osborne reported,WIfie west service center, and stated the formula requested by CVAG incl s $50,000 per year for the next 30 years but did not address the erational cost; have established a formula for the cities to contribute;,9PRnm about how other cities will be able to fund their portion; maybe stri a Riverside County project as it may be a challenge for some cities in t alley to contribute; and stated the City of La Quinta should provide sup or the homeless as there are homeless in the City and some support on g-term basis for the eastern facilities. CVAG Human Community Resources Committee — Council Member Osborne reported Housing Summit will be held on June 19, 2008 at the Agua Caliente Roc6 Spa Casino. ATTACNMEN I IF4 RU TA .Al PORNBYS Al LAW Rutan B Tucker, LLP 611 Anton BiNd Suite 1400 PO Box 1950 Costa Mesa, CA 9262E-1950 (714)641-5100 Fax (714) 546-9035 w ruen com ORANGE COUNTY PALO ALTO (650)VIM 50D A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS MEMORANDUM TO: Les Johnson FROM: City Attorney DATE: June 11, 2008 FILE NO.: 015610-0002 RE: First Amendment Limitations on Removal of Campaign Signs I. INTRODUCTION The City of La Quinta (the "City") regulates the placement, appearance, and permitting of signs in La Quinta Municipal Code ("LQMC") Chapter 9.160 (the "Sign Code"). Our office previously provided a memorandum to the City addressing whether the City may eliminate the 5- day notice period prior to the removal of non -compliant temporary signs, and whether summary removal provisions may apply solely to campaign signs, signs on private property, and/or signs on public property.' The background information and legal analysis included in our previous memorandum is not repeated herein. As a follow up to the previous memorandum, the City Council requested additional research and analysis on these two questions: 1. May the City prohibit all temporary signs in the public right-of-way with an exception for directional signs? We understand that "directional signs are defined to include signage related to particular events, such as the La Quinta Art Festival and open houses. 1 Our prior memorandum concluded: (1) unless an immediate threat of harm exists, the City may not summarily remove temporary signs on private property without notice and the opportunity for at least an informal hearing; (2) where a sign is posted on public property in attempted but failed compliance with the Sign Code, summary removal may not be appropriate; and (3) the City should not treat campaign signs differently from other temporary signs. 2 Note that LQMC § 9.160.130 currently defines "directional sign" as "any sign which is designed and erected solely for the purpose of traffic or pedestrian direction and which is placed on the property to which or on which the public is directed. Such a sign contains no advertising copy." (Emphasis added.) The section lists as examples one-way, entrance, exit, parking in rear, 15 miles per hour, and no left turn signs. To accommodate open house and art festival signs, the definition of "directional sign" in the Municipal Code would need to be revised to include off - site event directions. 22871015610-0002 928196.03 a06/10/08 322 Les Johnson June 11, 2008 Page 2 2. May the City increase the fine for temporary signs placed on private property in violation of the Sign Code? The purpose of an increased fine is to deter the posting of non- compliant signs on or about election day when the 5-day notice period for removal would allow a candidate to receive the benefit of a non -compliant sign prior to its removal. II. SHORT ANSWER 1. Content -based exceptions to a complete ban on temporary signs in the public right-of-way are subject to "strict scrutiny" review. A regulation only survives strict scrutiny if it is (1) the least restrictive means possible (2) to advance a compelling government interest. In order to meet this threshold, there must be actual evidence in the record to support the governmental interest and the evidence cannot be "hypothetical." Because it is the medium and location of temporary signs, rather than their content, that results in the City's traffic and aesthetic concerns, it is unlikely that a content -based exception (e.g. for open house and art festival signs) would be upheld under strict scrutiny analysis. However, several courts have concluded that speaker and event -based exceptions are not content -based exceptions and are not subject to strict scrutiny review. Thus, a carefully crafted ordinance banning temporary signs excepting directional signs might survive constitutional review depending on how the ordinance is applied in particular circumstances; however, it bears mentioning that any differentiation between temporary signs risks litigation, the outcome of which cannot be predicted. 2. An increased fee is permissible, but fee imposition may generate enforcement problems. Also, any increase in fees must not be so great as to chill or otherwise act as a deterrent to the exercise of free speech. Case law does not provide a specific range of permissible fines. Therefore, the City should cautiously balance the deterrence of non -compliant signs against the deterrence of the exercise of free speech. If fees are increased, any ordinance doing so should make findings on the reasonableness of the fee increase. III. DISCUSSION A. Directional Sign Exceptions To A Total Ban On Temporary Signs The City is considering a ban on temporary signs in the public right-of-way with exceptions for directional signs such as open house signs. A complete ban (i.e., a ban without any exception) on temporary signs in the public right-of-way will survive a constitutional challenge if it is a content -neutral time, place, and manner restriction designed to promote the City's traffic, safety, and aesthetic goals. (See, e.g., Members of the City Council of the City of Los Angeles v. Taxpayers for Vincent (1984) 466 U.S. 789, 815.) However, if a sign must be read to determine if an exception applies, the exception, and therefore the entire ban, is content - based and would be subject to strict scrutiny. (Foti v. Ciry of Menlo Park (1998) 146 F.3d 629, 636; see also Vincent, 466 U.S. at 816.) Under the City's proposed ban, a sign placed in the public right-of-way reading "Open House" would be permissible, but a sign of the exact same 2287/015610-0002 928196.03 a06/10/08 L Les Johnson June 11, 2008 Page 3 size, shape, color, and location reading "Vote for Candidate X" would be impermissible. Thus, the proposed ban is content -based. "Content -based regulations are presumptively unconstitutional ... [they] pass constitutional muster only if they are the least restrictive means to further a compelling interest." (Foti, 146 F.3d at 637 (emph. supp.).) Moreover, while a complete ban on temporary signs may be justified by traffic, safety, and aesthetic concerns (see, e.g., id. at 637 fn. 8), exceptions to an outright ban on temporary signs "may completely undercut any purported interests in aesthetics and safety." (Gonzales v. Superior Court (1986) 180 Cal.App.3d 1116, 1126, emphasis added.) In simple terms, if a total ban contains an exception, the exception will be evidence that the asserted "compelling governmental interest" is a pretense. In Vincent, the Los Angeles Municipal Code prohibited the posting of signs on public property for aesthetic and safety concerns. The prohibition extended to all types of signs, except for certain permanent, historical or cultural plaques in sidewalks. The United States Supreme Court found that the ordinance was content -neutral despite the exception for plaques. Although the plaintiffs argued that the City of Los Angeles should have made an additional exception for political campaign signs, the Court stated: "To create an exception for appellees' political speech and not ... other types of speech might create a risk of engaging in constitutionally forbidden content discrimination." (Vincent, 466 U.S. at 816, emphasis added.) The Court's reasoning applies equally well to the converse situation: prohibiting all political signs but allowing an exception for open house and other such temporary signs would also result in content discrimination. Importantly, in Vincent, it was the medium of expression, not the content, that had the adverse impact on the governmental interest in aesthetics and safety and justified the complete ban on temporary signs. (Id. at 810.) Additionally, Vincent held that "[a]ny constitutionally mandated exception to the City's total prohibition against temporary signs on public property would necessarily rest on a judicial determination that the City's traffic control and safety interest had little or no applicability within the excepted category, and that the City's interests in aesthetics are not sufficiently important to justify the prohibition in that category." (Vincent, 466 U.S. at 816.) By analogy, any constitutionally permissible content -based exception would necessarily require "a judicial determination that the City's traffic control and safety interest had little or no applicability within the excepted category." (Ibid.) Again, because it is the sign's content —not its size, shape, color, and location —that results in an exception, such a judicial determination is unlikely. In Foti v. City of Menlo Park (1998) 146 F.3d 629, the Ninth Circuit considered an ordinance banning signs on public property but excepting, for example, open house real estate signs. The court stated: "At first blush, Menlo Park's ordinance appears to be content -neutral; after all, it bans all signs on all public property. But when `exceptions to the restriction on noncommercial signs are based on content, the restriction itself is based on content."' (Foti, 146 F.3d at 636, italics original; quoting National Advertising Co. v. City of Orange (9`h Cir. 1988) 2287/015610-0002 928196 03 a06/10/08 �j Les Johnson June 11, 2008 Page 4 861 F.2d 246, 249.) The City's proposed exception for open house signs is particularly precarious considering that the Foti court specifically held that an exemption for open house real estate signs is content -based because "a law enforcement officer must read a sign's message to determine if the sign is exempted from the ordinance." (Ibid. )3 Similarly, Gonzales v. Superior Court (1986) 180 Cal.App.3d 1116, the court held that "by permitting the display of certain noncommercial signs while prohibiting others, the City has `opened the forum' and cannot rely on such justifications as aesthetics and traffic safety to restrict vital noncommercial speech." (Id. at 1124.) Exceptions to an outright ban on temporary signs "may completely undercut any purported interests in aesthetics and safety." (Id. at 1126 (emph. supp.).) Specifically as to aesthetics, "[i]t is not self-evident that a partial ban on temporary signs has such a positive impact on aesthetics to warrant the restriction on the right of free expression of ideas." (Ibid. ) Nevertheless, exceptions to a temporary ban that are based on non -content oriented criteria may be permissible if they are justified exceptions to the City's traffic, safety, and aesthetic goals. For instance, the City could ban temporary signs by street size or type (e.g. arterial or highway) where a portion of the public right-of-way merits particular aesthetic or safety consideration. Also, the City may be able to create an exception for temporary directional signs within a certain distance from an event, based on the justification that directional signs near an event may aid the flow of traffic and prevent sudden lane changes or turns. (See, e.g., Foti, 146 F.3d at 637 [City's "compelling interest in traffic signs" may permit an exception to temporary sign ban].) That said, any content -based exception will be subject to strict scrutiny and potential legal challenge. Furthermore, speaker -based and event -based exemptions from a sign ban may be permissible so long as the exemptions are not based on content but rather the existence of a particular speaker (e.g. railroads, hospitals, public safety) or an event (e.g. real estate sale or garage sale). (G.K. Ltd. Travel v. City of Lake Oswego (2006) 436 F.3d 1064, 1078.) If the City were to allow event -based exceptions, note that the City would have to carefully tailor the definition of "event" not to be a de facto content -based speech restriction. Also, it is important to note that in the G.K. Ltd. Travel case, though the exemption survived constitutional scrutiny as event -based rather than content -based, the exemption in that case allowed for political signs: "Such exemptions indicate the City's recognition that during certain times, more speech is demanded by the citizenry because of the event (e.g. a real estate transaction or election) but the City does not limit the substance of this speech in any way." (Id. at 1077-78 (emph. supp.).) 3 But see ACLU v. City of Las Vegas (9th Cir. 2006) 466 F.3d 784, 796 fii. 12 (recognizing a degree of ambiguity in the "officer must read it" test, and stating that "officers having to read a sign is persuasive but not dispositive evidence of a content -based purpose"). 2287/015610-0002 r' - 928196.03 a06/10/08 3 L Les Johnson June 11, 2008 Page 5 Thus, while a directional sign exemption may be carefully crafted to survive constitutional scrutiny as event -based, elections and political signs would likely fall within the event exemption. Even if political signs were permissibly excluded, candidates could simply post signs directing people to the candidate's campaign place or to a polling place. Overall, a temporary sign ban with exemptions is likely to be held to be a content -based regulation subject to (and likely to fail) strict scrutiny review. B. Increased Fines For Non -Compliant Temporary Signs Increased fines for non -compliant temporary signs on private property will withstand constitutional scrutiny so long as the increased fines do not have an impermissible chilling effect on speech. Chilling occurs when an individual "self -censors." For example, in Polykoff v. Collins (9c' Cir. 1987) 816 F.2d 1326, the court recognized that "the existence of the high felony fine provisions has the incidental effect of inhibiting first amendment rights." (M.. at 1340 [obscenity speech context].) When evaluating whether a chilling inhibition of First Amendment rights is unconstitutional, courts apply a balancing test: "Where a statute does not directly abridge free speech, but —while regulating a subject within the State's power —tends to have the incidental effect of inhibiting First Amendment rights, it is well settled that the statute can be upheld if the effect on speech is minor in relation to the need for control of the conduct and the lack of alternative means for doing so." (Younger v. Harris (1971) 401 U.S. 37, 52, emphasis added.) Deterrence, or "the need for control of the conduct", of dangerous or ugly signage is a legitimate public interest goal. Therefore, increased fines may be appropriate. Overall, the City may increase its fine provisions but the fines must remain commensurate with the City's aesthetic and traffic safety goals and findings should be made to reflect this. For instance, a fee equivalent to clean-up costs (or three times clean-up costs) may be minor compared with the City's interest in preventing traffic accidents and maintaining the City free from ugly clutter. However, a thousand dollar fine per sign may impermissibly chill speech: the threat of accidentally posting a non -compliant sign could keep people from posting acceptable signs. The City should evaluate a fair "cost" to the City for dangerous and non - aesthetically pleasing signs before increasing any non -compliant sign fees. IV. CONCLUSION The City should be very careful if it decides to adopt an ordinance banning all temporary signs but excepting directional signs. In contrast, the City has solid justification for deterring non -City Code compliant conduct by issuing reasonable fines. One issue to be considered, however, is enforceability. Temporary signs by their very nature can be posted and/or moved by anyone. An unknown representative of a candidate could move the opposition's signs into non- compliant positions, or an unknown campaign supporter could accidentally or unknowingly place signs in non -compliant positions. The City should carefully consider how it would fairly enforce any sign ordinance it adopts. 2287/015610-0002 uL� 928196.03 a06/10/08 REPORTSANFORMATIONAL ITEM: / 9 MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A Regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA March 19, 2008 10:00 a.m. CALL TO ORDER A. This regular meeting of the Architectural and Landscaping Review Committee was called to order at 10:03 a.m. by Planning Manager David Sawyer who led the Committee in the flag salute. B. Committee Members present: Jason Arnold, Bill Bobbitt, and Ronald Fitzpatrick. C. Staff present: Planning Director Les Johnson, Planning Manager David Sawyer, Assistant Planner Eric Ceja, and Executive Secretary Carolyn Walker. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: A. Staff asked if there were any changes to the Minutes of February 6, 2008. There being none, it was moved and seconded by Committee Members Bobbitt/Fitzpatrick to approve the minutes as submitted. Unanimously approved. V. BUSINESS ITEMS: Village Use Permit 2008-040; a request of Michel Despras for consideration of architecture and landscaping plans to remodel a 5,485 square foot restaurant in the location formerly known as "The Blend", located at 78-073 Calle Barcelona. Assistant Planner Eric Ceja presented the information contained in the staff report, a copy of which is on file in the Planning Department. ✓L 7 AT nC, 4_10-OR net„„ems 1-, Architecture and Landscaping Review Committee March 19, 2008 Committee Member Fitzpatrick commented on the architectural character and the continuity with the Village and its Design Guidelines. He asked if the applicant had used the Village Design Guidelines in designing this building renovation. a. Applicant's Representative, Stan Pollakusky, 80338 Avenida Santa Belinda, Indio, said he had not seen the Village Design Guidelines, but he had brought some visual aids for the Committee Members. He also introduced Michel Despras, 74-985 Highway 111, Indian Wells, the applicant, and Nicholas Despras of 78-890 Zenith Way, La Quinta. Committee Member Fitzpatrick said the Village was a very special area and the Committee wanted to adhere to the Village Design Guidelines in order to maintain that unique atmosphere. He asked Mr. Pollakusky what type of design style was utilized for this building and what was his motivation for the tower. Mr. Pollakusky said there was no identifiable design style, but they did use a lot of French doors and that dictates the design style. He pointed to a model of the building and explained each area and its usage. The layout was designed by the needs of the restaurant's interior. He showed the Committee Members the design layout and explained the applicant's intention in using this particular design. He said they were more concerned with the front facade than the rest of the building. The building has the feel of a residence, but they did not want it to look like a residence. Committee Member Fitzpatrick asked Mr. Pollakusky if he was aware there are Village Guidelines. Mr. Pollakusky said he did not know they existed. Committee Member Fitzpatrick showed him the Village Guidelines and explained some of the pertinent points. He said he looked at their design and did not see any of these Guidelines being followed. Mr. Pollakusky said the biggest problem they have with the building is low ceilings and huge air conditioning ductwork as well as the fact the interior ceiling is tongue -and -groove with no insulation on the inside so they had to go above the roof to add insulation. Committee Member Fitzpatrick asked if they had to have insulation. Mr. Pollakusky said yes as there is only a little bit of foam on the roof. Mr. Pollakusky explained what they were going to have to do to add the ductwork as well as the reasoning for the facade and other details which were included on the design plans submitted to the Committee Members. He used his architectural model to explain the renovations on this building. Committee Member Fitzpatrick asked if they had reviewed the design guidelines would they have come up with a different facade. He then gave 2 La Architecture and Landscaping Review Committee March 19, 2008 examples of the type of architecture/design that conforms to the Design Guidelines. He said since they had not seen the Guidelines they might want to re -think the entire design. Mr. Pollakusky said they were not trying to do a major overhaul on the restaurant. They have a budget to adhere to and they are trying to minimize the amount of work they will have to do on this building. He is trying to work with what they have and not change it to be part of the Village, but improve on what is there. Committee Member Fitzpatrick asked if the tower could be re -configured to more closely match what is in the village, such as Tuscan, Spanish, Mediterranean, etc. Mr. Pollakusky said across the street is not Mediterranean and asked if it had to be a Mediterranean design. Committee Member Fitzpatrick said it did not, but the applicant should look at the Guidelines in order to present a more compatible design style. Committee Member Fitzpatrick was also concerned about the fact there was no consideration to the project being pedestrian -friendly, and there were no short wall courtyards out in front. The Village has a certain flavor and a certain approach to design guidelines. He offered to give Mr. Pollakusky a copy of the Guidelines for consideration. Mr. Pollakusky said he would consider it. However, he said right now they are not trying to copy everything there because this is a totally different style from Old Town and he is trying to add on and enhance what is currently here. It is very simple architecture. Committee Member Fitzpatrick said if he sees a tower such as what was proposed it does not go with anything in the area and does not adhere to the Village Design Guidelines. He did say the overall design concept is okay. Mr. Pollakusky said they can change the design style to another style, such as Tuscan. Committee Member Fitzpatrick said they also need to address the Village Design Guidelines as far as the roof is concerned. Mr. Pollakusky pointed to the designs again and explained they were planning to add a shake type roof. Committee Member Fitzpatrick asked about additional HVAC equipment. Mr. Pollakusky said there would be no additional units as there are 25-ton units there now. Committee Member Fitzpatrick asked if there would be an extra load if clay tiles were added. Mr. Pollakusky said no as they had allowed for the extra weight. 3 Architecture and Landscaping Review Committee March 19, 2008 Committee Member Fitzpatrick had a comment about direction of the compass arrow on the plans and suggested they take that into consideration on their next set of plans. Mr. Pollakusky explained how they had designed the plans. Committee Member Fitzpatrick said it misdirected him when he went from one page to another. Committee Member Fitzpatrick said he would have additional comments when the plans came back. Mr. Pollakusky said he disagreed with the Planning Staff regarding the parapet and roof plans due to the roof pitches. He explained what they planned to do to overcome the problems involved with the different pitch changes and showed the Committee Members the new plans. He explained how they came up with the designs versus the pitch changes. Mr. Despras commented on the venting on the roof over the kitchen and the need to conform to the Fire Marshall's requirements. He commented on what the roof would contain, such as antennas. He added he had two other restaurants and the addition of patio areas and landscaping will make this a more upscale -looking restaurant. Committee Member Fitzpatrick said there were a lot of blanks on the design plans and they didn't really explain what was going on, but the landscaping designs did. Committee Member Arnold said the plans did not show what was going up and what was being replaced. Mr. Pollakusky explained what the changes were. Mr. Despras commented on the amount of money they had spent on the replacement of trees. Committee Member Bobbitt asked if Mr. Despras had previously owned this property. Mr. Despras said he did. Committee Member Fitzpatrick asked where the mechanical equipment would be located. Mr. Nicolas Despras showed where they would be located on the plans. He also used the model on the table and pointed out various other features. Committee Member Arnold asked if there was a cinder block wall separating the properties. Mr. Nicholas Despras said it was currently a lattice fence. 330 Architecture and Landscaping Review Committee March 19. 2008 Committee Member Fitzpatrick said he was looking for material samples, colors, etc. Mr. Nicolas Despras explained they were not included in the packet, but they were brought with them to the meeting. Committee Member Fitzpatrick also asked about ADA regulations and compliance. Planning Director Les Johnson said they would have to comply with all ADA regulations. Planning Manager David Sawyer asked about the screening. Mr. Nicholas Despras pointed them out on the plans. Planning Director Johnson asked about the air conditioning condenser and the latticed screening area. Mr. Nicholas Despras explained where it was. Committee Member Fitzpatrick asked about the capabilities of the air conditioning system and condenser. Mr. Despras explained they had very large condensers and they were more than adequate to handle the needs of the expanded building. Assistant Planner Eric Ceja showed the samples and color boards. Committee Member Fitzpatrick asked about the roof sample. Staff said it was metal. Mr. Nicholas Despras said they were changing that material to a shake roof material. Committee Member Arnold asked if that material complied with the Village Guidelines. Planning Director Johnson told the Committee Members the buildings in the area were very simple. He said the applicant could do something more in line with the buildings in the area. Committee Member Arnold asked if this was the first remodel to have to comply with the Village Guidelines. Planning Director Johnson said the applicant was trying to accomplish their objectives and also to clean up the building and make it more aesthetic. Committee Member Arnold said anything done to clean up the building would be an improvement to the Village. Planning Director Johnson said they were trying to work with the applicant, to make the building more compatible to the area. The challenge was with the tower element. Staff has made recommendations to raise the pitch of the roof, but that created some issues. This project has been a challenge for staff and they complimented the owner for his efforts, but they need to come up with something that works. , .] 0� 1 Architecture and Landscaping Review Committee March 19, 2008 Committee Member Arnold asked how set the Committee was supposed to be on the Guidelines. Planning Director Johnson said they were just Guidelines. The objectives were they wanted to see the applicant be a success, but the building has to be complimentary not contrasting to the surrounding buildings. Mr. Nicholas Despras asked if contrast couldn't be a good thing. He added, by having contrast you create a more visual building. He said all you can really see is the tower. He pointed out areas of interest on his building model. Committee Member Fitzpatrick did not argue with the concept. He wanted to know how the design departure complimented the Village Design Guidelines. He asked about the pedestrian -friendly areas and park -like settings. He only saw the tower. Mr. Nicholas Despras said this is a restaurant and it needs to be inviting. He said a park -type seeing was created by the trees added to the patio areas. He asked when the Committee talked about the roof what design style were they looking for, such as a Spanish tile or shake. Planning Director Johnson said from his perspective the roof material needed to be more compatible with the building design and a Spanish tile roof would not match the design of the building. Mr. Despras pointed out a nearby building which was not Spanish style with roofing material that was flat gray. Planning Director Johnson said the latest roof material the applicant proposed would the most conducive to the building design style. Mr. Despras said five years ago they were considering a certain design style which would be classified as "casual elegance" and showed the Committee Members a book with the proposed design. Committee Member Arnold said that would work very well in the area. Mr. Despras said that was five years ago, this is now. He said the restaurant would never be like Arnold Palmers or Amore. They want to go back to a house -type feeling with an intimate atmosphere. Committee Member Bobbitt said the two biggest elements are the tower and the top section. He said he understood why they would have a problem disguising the various roof lines. He did not have a problem with the tower element. He said it just looked unfinished, but he would like to see something with a little bit softer line. U"32 Architecture and Landscaping Review Committee March 19, 2008 Committee Member Bobbitt said one thing that will help is to plant trees around the building to soften it up. He noted where there was hardscape and Mr. Despras pointed out where the trees would be added to soften up the building design. He said they were adding ten more 17-foot Ficus trees. He commented on when they bought the building in 2000 and planted trees, the lease was supposed to be up in 2011 and they thought the trees would be large enough. They have had to come in and replace some of those trees. The landscaping plans were placed on the table and Mr. Despras explained where all the trees and plants would be going. The Committee Members discussed various items on the design plans. Committee Member Fitzpatrick said the applicant really should look at the Village Design Guidelines and it would allow them an opportunity to include sitting areas, etc. The Guidelines suggest that type of environment. Planning Director Johnson asked if they could potentially have people waiting. Mr. Despras explained the clientele they get in the Palm Springs and Indian Wells does not like to wait outside, especially in the summer so there would be no need for seating outside. Mr. Despras said restaurants do not do well if the clients arrive and they have to wait. He added they are reducing the seating arrangement in the lobby and pointed out how the arrangement would be changed to add additional seating inside. He said they would be reducing the table area to accommodate a more pleasant entrance area. He then explained the table layout. Committee Member Bobbitt said from his viewpoint they don't have a large problem with the roof, but they do have somewhat of a problem with the tower element as it needs to be softened. He said the client appears to be on top of the landscape requirements. Mr. Despras said the leasees had let the plants die, but they will be replacing the dead plants. Committee Member Bobbitt said the applicant does not have to do anything to this building. The fact that he is trying to upgrade it is a compliment to the applicant. This is not a historical building according to the City guidelines. Mr. Despras said they appreciate the compliment. Committee Member Bobbitt said there is a problem with the roof, but he is going to leave that to the professionals. Committee Member Fitzpatrick said the client needs to look at the Village Design Guidelines and submit the correct design. It would be an exceptional opportunity for an architect to do a very nice project. There is something comfortable about the Village and a reason for the Guidelines; ambiance, 333 7 Architecture and Landscaping Review Committee March 19, 2008 aesthetics, etc. He wanted to see something here that would be complimentary. He said the Committee has concerns and he wants the Planning Commission to know they want some changes in the designs. It is an excellent opportunity for the architect to look at the Guidelines with a view to make a landscaped area that would invite people in. He would like the flavor to show something that is mentioned in the Design Guidelines. He does not want the client to ignore the Guidelines. Mr. Pollakusky asked if there was something in the Guidelines that was a little more contemporary. Committee Member Fitzpatrick said there was room for a contemporary design. Mr. Despras asked if there was room for something more contemporary on the roof with Spanish tiles other than a gray tile. Planning Director Johnson said the color needed to be in line with the building. Mr. Despras asked about color choices for the roof. Committee Member Arnold said he thought the red would look better. Planning Director Johnson said their position was more on the roof material, not the color, as long as it matches and is consistent. Committee Member Arnold asked if staff required the applicant to submit plans with water requirements. Planning Director Johnson said the plans would have to comply with water requirements. CVWD criteria states "renovation work being done". If you are renovating you have to go back to CVWD for approval. Committee Member Fitzpatrick asked if there was a new irrigation system proposed. Mr. Despras said it was already in with a drip emitter system. Committee Member Arnold asked if the applicant was only replacing shrubs and trees where the previous landscaping had to be replaced. Mr. Despras said yes and pointed out what would be replaced as the previous tenant had not taken care of the landscaping. Committee Member Arnold asked how they would be watered. Mr. Despras said most would be on drip emitters and others would have bubblers. Mr. Nicholas Despras had a question about the tower and asked if there was roof style that would tie things in more closely. Mr. Pollakusky said there were three possibilities: 1) slump it, 2) put up a parapet, or 3) build something around the top. He asked if the Committee had any other ideas. Planning Director Johnson said he was looking at it from the viewpoint of the display model. He said if you have the appropriate roof design you can keep the focus on the entry. He suggested it might be done in such a way with windows that mimicked what was proposed on the end. It would draw the eye to the entrance. He said it was really up to the Committee. 8 �J Architecture and Landscaping Review Committee March 19, 2008 Committee Member Fitzpatrick said he was looking for something that would conform more with the Village Guidelines rather than putting in something only as a cover up. He asked about articulating parapets, and additional suggestions to address the design style in the Village Design Guidelines. He said this was an exceptional opportunity for an architect to do something very nice. He was not saying the design style used was wrong or bad, but wanted to keep the uniqueness of the Village. Committee Member Arnold said if the Village Design Guidelines were utilized more in the entrance area it will bring more people in. Committee Member Fitzpatrick asked if the applicant wanted the Committee to go through staff's recommendations one -by -one. Mr. Nicholas Despras said yes. Committee Member Fitzpatrick said they had already discussed the entry tower and would not go over Recommendation No. 1 again. The problem was already resolved with Recommendation No. 2. Staff's recommendation on No. 3 would be to change the pitch. Committee Member Arnold said they would lose their tongue and groove ceiling. Committee Member Bobbitt said they would have to change the back pitch. Mr. Pollakusky said all they're trying to do is duplicate what is right across the street. It's simple, it's framing. He does not like the idea of two different pitches. Discussion followed regarding the need for a parapet wall as well as trim options. Committee Member Fitzpatrick asked, regarding Recommendation No. 4, where the exhaust fans were. Mr. Despras explained where they were. Committee Member Arnold asked if there was any problem with screening them. Mr. Despras said they have to comply with Fire Department regulations. Planning Director Johnson said they do not stick out and can be painted to match. Committee Member Fitzpatrick said regarding No. 5 — the plans will be stamped in Building and Safety. The changes will be addressed by that Department. He was concerned about some of the renovations, but Mr. Pollakusky explained they have been changed to be in compliance with the Building & Safety Department regulations. Committee Member Fitzpatrick said Recommendation No. 6 includes the statement "...stamped by a licensed landscape architect." Staff stated these plans were acceptable going through this level of the process, but the final plans would have to be stamped by a licensed landscape architect. v J 9 Architecture and Landscaping Review Committee March 19, 2008 Staff said the ALRC will get the final landscape plans and they would be signed and stamped by a landscape architect. Planning Director Johnson added they did not require them for this meeting since this was a renovation. Mr. Despras questioned whether they still needed a sidewalk, since it is quite an expense. Planning Director Johnson said Public Works was still reviewing this and have not taken a final position on this. It is a matter that would be addressed at the Planning Commission as an entitlement matter. Mr. Despras said there was quite a bit of work that would need to be done to accommodate the sidewalk. Staff replied they understood this and are working with Public Works. Public Works is currently looking into it and has been asked to take into consideration the present infrastructure and the large tree that may have to be removed. Staff said they will let ALRC know, in advance, of the Planning Commission date. Committee Member Bobbitt said he did not have a problem with the parapet issue. He pointed out some items on the elevation plans he did have concerns about. He had a question regarding the window design and Mr. Pollakusky said they were going to go for the pane look all the way across. Committee Member Fitzpatrick said even after the recommendations he is still concerned about the composition and format of the drawings. He was concerned about the page numbering system and the consistency of the arrow direction on each page, as well as no index. Mr. Pollakusky said everything is numbered. Committee Member Fitzpatrick said he was confused as to where the information was taken from. He explained how the plans could confuse Committee Members when they do not have a key. Committee Member Fitzpatrick said there was no distinction between the doors and windows that are currently on the building and those that would be added. Mr. Pollakusky said they were marked as "existing" and "new". Committee Member Arnold said he would like to see the final landscape plans and plant palette, as it sounded like there would be some mature trees put in, which would be very nice. Planning Manager David Sawyer stated, for clarification purposes, the recommendations staff has made, and that the Committee has reviewed, are all okay with the exception of numbers 2 and 3 with the addition of the word Final in Recommendation No. 6. 10 Architecture and Landscaping Review Committee March 19, 2008 Committee Member Fitzpatrick asked if the design was ready to go forward to the Planning Commission. Mr. Pollakusky said they would like to go to the Planning Commission with the re -design. Committee Member Fitzpatrick asked if the applicant could change these designs and bring them back. Planning Director Johnson explained the ALRC was only a recommending body and would only see the designs one time. He told the client the Committee was recommending they look at the Village Design Guidelines and make appropriate changes. It was moved and seconded by Committee Members Fitzpatrick/Arnold to adopt Minute Motion 2008-010, recommending approval of Village Use Permit 2008-040, as recommended and amended: a. Delete Recommendations numbered 2 and 3. b. Client should review the Village Design Guidelines and make appropriate revisions. C. Recommendation No. 6 be amended to read: "Final landscape and irrigation plans for additional landscaping shall be signed and stamped by a licensed landscape architect." d. Applicant to make adjustments to plan sets as discussed by the Committee. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None VII. COMMITTEE MEMBER ITEMS: None VIII. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Fitzpatrick/Bobbitt to adjourn this meeting of the Architectural and Landscaping Review Committee to a Regular Meeting to be held on April 2, 2008. This meeting was adjourned at 11:33 a.m. on March 19, 2008. Respectfully submitted, 5J/-G�'-'4� CAROLYN WALKER Executive Secretary 11 REPORTS/INFORMATIONAL ITEM • MINUTES HISTORIC PRESERVATION COMMISSION MEETING A Regular meeting held in the Study Session Room at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA April 17, 2008 This meeting of the Historic Preservation Commission was called to order by Chairman Wilbur at 3:01 p.m. who asked for the roll call. I. CALL TO ORDER A. Roll Call. Present: Commissioners Puente, Redmon, Sharp, Wright, and Chairman Wilbur Staff Present: Planning Director Les Johnson, Principal Planner Stan Sawa, Principal Planner Andrew Mogensen, Consulting Planner Nicole Criste (Terra Nova Planning), Executive Secretary Carolyn Walker, and Secretary Monika Radeva. II. PUBLIC COMMENT: None Ill. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: A. It was moved and seconded by Commissioners Puente/Redmon to approve the minutes of March 20, 2008, as submitted. Unanimously approved. V. BUSINESS ITEMS: A. Cultural Resources Phase I Survey for a 4.84 Acre Parcel Applicant: David Maman Designs Consultant: Terra Nova Planning & Research - �da PAReports - HPC12008\5-15-08MPC Minutes 4-17-08_Approved.doc Historic Preservation Commission April 17, 2008 Archaeological Consultant: Location: Archaeological Associates (Robert S. White, et all for Eilar Associates South side of Avenue 58, west of Monroe Street Principal Planner Andrew Mogensen presented the information contained in the staff report, a copy of which is on file in the Planning Department. Applicant David Maman and Archeologist Robert White were introduced. Commissioner Wright noted that Commissioner Redmon was not a member of the Historic Preservation Commission when this project was previously reviewed. He continued to say his position remained the same as it was when this first came to the Commission in 2006. It would be wonderful to be able to preserve it, however, it would be cost -prohibitive for the applicant. He pointed out this is a small project and conservation of the building would have been more appropriate if it was a project on a large area of land. He suggested a detailed photographic record of the building would be the most logical and practical decision. Commissioner Redmon said she had a different approach to this situation since she was not involved in the project previously. She acknowledged the financial lack of viability for preservation of a building in the middle of such a small project. However, it was her responsibility to make sure structures of important historic significance are properly taken care of. She stated, based on the report, the building had some examples of uniqueness, individuality, and significance from an architectural and historical stand point and said there should be a way to physically preserve them, while allowing this development to go forward. She pointed out it would be unreasonable to place the burden of restoration on the developer due to the deterioration and alteration of the structure which detracted from its historic significance. She questioned the validity of the argument that there is no sense in keeping the building because it is an adobe since adobe buildings deteriorate over time. Using that reasoning, nothing adobe would ever be preserved or restored. Commissioner Redmon asked if there was a way to ask for City Council funding for a combination photographic/preservation record of certain specific elements, such as the inverted lintels, poured adobe, and the cobblestone fireplace, and to extract certain archaeologically significant items. She suggested the possibility of moving the wall :, P:\Reports - HPC\2008\5-15-08\HPC Minutes 4-17-08_Approved.doc 2 J 0 Historic Preservation Commission April 17, 2008 with the lintel and the cobblestone fireplace to a different location where they could be preserved and remain accessible to the public. Preservation of the building within the development would not allow public access while relocation would preserve those elements and allow the applicant to develop the site. Commissioner Sharp asked where the photographic records of the building would be stored. Principal Planner Mogensen responded the records would be kept at the City Museum. Commissioner Sharp elaborated on Commissioner Redmon's suggestion to move some of the historically significant features from the property to a different location. He said it could be very difficult to move the cobblestone fireplace from its current location. Relocation could cause severe structural damage and reconstruction would be very costly. Commissioner Sharp noted the lintels while architecturally unique, could easily be duplicated. He also added that lintels are a common feature in many other houses in the valley and a photographic record would be sufficient. Archaeologist David White stated the fact the house was constructed from adobe was significant as adobe houses tend to "melt" over time and did not weather well during earthquakes. The uniqueness of the building was established primarily on its construction. After closer inspection, a few little nuances were identified, such as the inverted lintels (a signature of the architect or the builder.) Mr. White stated he was not sure if the lintel was adobe brick skin and mortar or a wooden beam. The building was occupied during their inspection and they would have had to hammer on the building and possibly cause damage to investigate any further. If the lintel were to be a wooden one, it could easily be extracted and preserved during demolition. Mr. White pointed out that no structural steel was used in building and the cobblestone fireplace is extremely heavy. If money were no object, a very large crane could be used, however, the cost would be prohibitive. In addition, the structure is very brittle and could easily break apart. Mr. White also stated the building layout was very traditional (L- shaped) and there were contemporary additions made. Mr. White added that an interesting link with history is that the person who commissioned the building was a very early sub -divider and speculator who was building houses on little ranchos. This was an indication of an early attempt to create little get -away ranchos for people from the Los Angeles area. fp P:\Reports - HPC\2008\5-15-08\HPC Minutes 4-17-08_Approved.doc 3 v 4 t] Historic Preservation Commission April 17, 2008 Commissioner Sharp asked about this structure being unique as an adobe house versus an adobe brick house. Mr. White mentioned the Chapin Adobe he had worked on in 1989 in Indian Wells had been built out of adobe bricks. The bricks had been made by pouring mud into wooden plank forms. The adobe in question was a lot different from the typical adobe found in other parts of California since it was made of very fine grain clay as opposed to a clay mix with grass and straw. Commissioner Sharp asked Mr. White if one was better than the other. Mr. White responded, in either instance, the mixture made for a very brittle brick and it was simply what they had to work with. Mr. White added that he thought the building was poured to a point, due to the fact that no joints were found. There was the possibility that the joints were there, but had melted perhaps during construction when it was skinned with mortar. Ultimately, the only way to be able to tell for sure would be, during demolition or to open up a section of the wall. He believed it was poured since it was constructed in the 1920s as there were a lot of houses with concrete slabs. This builder had a firm understanding of modern construction techniques, but had limited resources. Commissioner Sharp asked about the architect who would be in charge of the property documentation. Mr. White responded the architectural historian would be David Van Horn, who has extensive experience in this area. Mr. White explained that with any historic building project there are two elements of importance: 1) when it was built and 2) who the architect was. In this case, he was unable to find out what year it was built. Commissioner Sharp asked if the architect of this adobe had any reputation. Mr. White responded it was not the work of an architectural master since there would have been a lot more ornate architectural features incorporated into it. The single story structure was built pre - depression with a traditional L-shape layout and had elements of a traditional California -type rancho with the builder's own little twist. P:\Reports - HPC\2008\5-15-08\HPC Minutes 4-17-08_Approved.doc 4041 Historic Preservation Commission April 17, 2008 Commissioner Puente pointed out the report was put together well, however, the same issues still existed as in June of 2006. She expressed her hope that more options would have been presented, but there had not been any. She stated she reviewed the report and understood both the concerns of the developer and the Commission. She mentioned her strong background in Art History and her European Roots, which strongly influenced her opinion of preserving the adobe at hand. She pointed out there were many characteristics of this building which had been identified as unique and historically significant to the point that it would be eligible for the California registry as a historic monument. She said an attempt to save the building, as it is, should be made as she considered it to be very significant for the Coachella Valley. At the very least as Commissioner Redmon suggested, an attempt should be made to save certain features. Commissioner Puente would like the City Council to intervene and take some action in the preservation of the adobe. She said she did not feel comfortable with approving the demolition and wanted to explore further preservation options. Chairman Wilbur stated the responsibility of the Historic Preservation Commission remains the same as it did during the previous meeting in 2006. He said there are other options that could have been explored to preserve the building. Many times, in the past, buildings with similar structure, age, and range had been lost, which should have been preserved. He would favor the preservation of the building or certain elements as suggested by Commissioner Redmon. He acknowledged the financial constraints involved in such an attempt, as well as the financial hardship the applicant has suffered due to previous delays However, he pointed out it was the duty of the Historic Preservation Commission to ensure preservation of historically significant elements. He understood a complete photographic record would be made, but wanted to exhaust all other possibilities for preservation. He wanted a careful evaluation of the actual value of the structure as a genuine article and its indigenous character to the Valley. He would like to look for a way to preserve some elements of it without losing the historic context which would happen with photographs. His position remained the same as before, which was against demolition of the building. He realized the importance of this issue to the applicant, but asked the applicant to understand the importance of the preservation of the building Commissioner Wright said that there were a few things that needed to be looked at. He agreed important structures had been lost in the past, however, they brought the City's attention to such actions and now the Commission is notified prior to issuance of any demolition permit. V 4 2 P:\Reports - HPC\2008\5-15-08\HPC Minutes 4-17-08_Approved.doc 5 Historic Preservation Commission April 17, 2008 Commissioner Wright pointed out the Commissioners should look at the property in question, and that it would be worthless as a developable land if the building, which is right in the middle of the site, was preserved. He noted that the applicant had stated previously he had no idea of the possible historic significance of the building when he purchased the site. If he had known, he would not have purchased the land for development. Commissioner Wright continued to say Commissioner Redmon lives in an adobe built in 1938, in the La Quinta Cove. There are about 30 of them left in the La Quinta Cove. However, the Historic Preservation Commission has no authority over any of them and any of those adobes could be demolished by the owners if they wanted to build something else. The only authority the Commissioners had was to try to persuade the owners to maintain the historical integrity of the structure. The Archaeologist has already stated this adobe is impossible to move and is already melting down. It is right in the middle of the parcel, which makes the land undevelopable if the adobe has to be preserved. In addition, even if the building was preserved, it would not be accessible to the general public as it would be in a gated community. He referenced the situations at the Point Happy and Tradition developments stating they were of much larger size. Commissioner Wright stated that the Commission has the duty to preserve the historic context and historic viability of the City, but should keep in mind all of the adobe structures in the La Quinta Cove which could be demolished tomorrow without the Commission's approval. It would not be fair to put such a burden on the applicant, the Cove residents are aware of their structures' significance, but they could alter these structures without any problem. This creates a double standard and he encouraged the Commissioners to carefully re- think it. He added nothing would ever be done with the property because it would not be financially viable for anyone to spend $800,000 to $1,000,000 dollars to retrofit and clean up the property. Commissioner Wright stated he has looked at the property and does not see any historical value with the exception of some interior features. He emphasized the Commission should be responsible from the standpoint of both historic preservation and development. The economics of this situation should be taken into consideration when making a decision. Commissioner Redmon said she would like to refer back to her original suggestion, however, if the cobblestone fireplace or the lintel were not unique features and physically impossible to move, then she agreed P:\Reports - HPC\2008\5-15-08\HPC Minutes 4-17-08_Approved.doc 6 Historic Preservation Commission April 17, 2008 there was no financial viability in preservation. But she would like to make sure the lintel is preserved. Mr. White replied such a determination, as to whether or not the feature could be relocated without damage was outside of his expertise, but his gut feeling was it would fall apart. Commissioner Redmon asked if there was a way to include relocation as a permit condition if it is viable. If it was found to be impractical it would be dismissed. Commissioner Wright asked if the Commissioners had been out to the site to look at the building. Commissioner Redmon replied she had not. Commissioner Wright suggested it would be a good idea to visit the site. He pointed out the photographic record put together for historical documentation would be very extensive and detailed with site surveys, archaeological research, etc. He suggested a possible recording of it could be made on DVD. Commissioner Wright said he would hate to see the building go, but it was not viable to save it. In addition, the building had been altered. The building would disintegrate if not retrofitted, and it might still disintegrate even if it was retrofitted. He referenced similar buildings in the city. He pointed out preservation of this building was not economically viable for the developer or the citizens of La Quinta. Commissioner Redmon asked for clarification on all or nothing preservation. Commissioner Wright responded all or nothing because of the size of the project. Commissioner Redmon said she understood that, but wanted to have the lintel saved if possible. Mr. White said his team could try it, but didn't know if it was possible. Commissioner Sharp stated in his past profession, the lintel and cobblestone fireplace could be re-created out of fiberglass. A replica would be indestructible and light and could be painted to look exactly like the original. Planning Director Les Johnson pointed out there was a supplemental report completed which identified "the softness of the adobe matrix P:\Reports - HPC\2008\5-15-08\HPC Minutes 4-17-08_Approved.doc 7 u 4 4 Historic Preservation Commission April 17, 2008 from which the bricks were fashioned appears to have melted together thus eliminating the tell -tale joints between many of the bricks." Mr. White stated his research team had been oscillating on this and thought it was important to include this in the report since poured adobe was rare. Planning Director Johnson said he wanted to make reference to that, for the record, since there was discussion about it. He added regarding the reverse lintels, the report states "upon further examination it appears that these splayed bevels may merely represent a construction technique adapted to working with adobe." He said the original study identified there may be significance to these features as something special and unique, but the subsequent report states it is only the fact that it is an adobe. Commissioner Redmon responded that was just semantics. The supplemental report states, regarding the lintels, that "...may merely represent..." Simply because there were two different reports without a definitive conclusion and the architect could not be found, at the moment, she would not like to find out later it was, in fact, significant. Therefore, if the developer was in the process of demolition and it was determined there was no way to remove and preserve it for no more than $10,000, then it wouldn't be preserved. Commissioner Redmon said there were many things identified as special to this particular house and she was reluctant to go forward with the demolition if preservation of some unique elements was economically viable. Planning Director Johnson stated if the Commission recommended this building was not of significance to retain, it would still be considered and ultimately decided upon by City Council. He suggested and gave an alternative example of the decorative wall along Avenue 58, west of Madison. This concept could probably be adopted by the developer and something similar could be done with inserts in the wall of the development which mimicked features of the home that have been discussed today. He said something could be placed at the entrance of the development explaining the characteristics of the wall. Commissioner Wright said that approach was supposed to be used with the Point Happy gates, but they were never incorporated and the gates were most likely thrown away. r r u4 P:\Reports - HPC\2008\5-15-08\HPC Minutes 4-17-08_Approved.doc 8 Historic Preservation Commission April 17, 2008 Commissioner Wright said if something of this nature was imposed on the developer, who would know of it except for the Commission. He emphasized again it was going to be a gated community and any preservation efforts would not be available for public view. Planning Director Johnson pointed out some elements could be incorporated into the exterior wall, which added to the character of the project and the history behind it. Commissioner Puente asked if the style of the development had been determined as Tuscan. Applicant's representative, Mr. Ofer Dayan replied the style had not yet been determined. Consulting Planner Nicole Criste, Terra Nova Planning, clarified the style was discussed during the first project meeting. Mr. Maman said he checked the City's History Survey after the last meeting and it did not include his property. Commissioner Wright commented on the fact the survey was informational and most people don't know it exists. He reiterated his comments on Cove homes and the double standard. He encouraged the Commissioners to visit the site. Mr. Dayan stated the property had burned a few times and was rebuilt with additions. Mr. White touched upon the reuse of some of the project elements. He said he agreed with Commissioner Wright that it could be very problematic. However, Mr. White mentioned former projects where the re -use of some of the materials was successful. Mr. White suggested the utilization of some architectural features could be done through construction of a monument or decorative walls at the entrance. He said the lumber from the window and lintel might be salvageable, but taking it out as an intact section of the wall did not seem quite possible. Mr. Ofer Dayan mentioned that in the last meeting the City had offered to move the house for free. Mr. Maman stated he would love to be able to preserve the building, but it was not feasible. He asked the Commission to please let him demolish it so that he could continue with his development plans. Mr. Maman said he was willing to attempt the preservation of certain historically significant elements if possible, based on the advice of his consultant, David White; to recreate the elements as suggested earlier. u 4 0 P:\Reports - HPC\2008\5-15-08\HPC Minutes 4-17-08_Approved.doc 9 Historic Preservation Commission April 17, 2008 Mr. Maman said he would be willing to have an expert on -site during the demolition process to advise him on what elements could be saved. Commissioner Sharp said there should also be a designer on —site, in addition to the expert, who would know what to do with the architectural components that were removed. Chairman Wilbur thanked Mr. Maman for his willingness to cooperate. He asked staff if an addendum could be added. Consulting Planner, Nicole Criste said a condition of approval could be added requiring supervision of the demolition and preservation of elements. She gave the example of the cobblestones being used in the posts at the entrance holding the gate, and other elements preserved in other components of the construction. Mr. White pointed out this approach to the demolition process would be more costly. Commissioner Wright said the house would have to be dismantled by hand and be treated as an archaeological part of the project. This type of demolition is very costly. Commissioner Wilbur asked if anyone else had a comment on this suggestion. Commissioner Redmon clarified the type of preservation she was favoring was not preserving the materials of the historically significant elements, but rather the elements as they were. However, if in the interim the architect of the building was discovered and it turned out the only reason for the use of the cobblestone was because there wasn't enough wood, then that would be an indication the fireplace did not have any value. Commissioner Wright said the suggested idea of preserving the materials of the elements was wonderful, however, he would not vote to add that to the recommendations. It would impose an economic hardship on the applicant without valuable merit. There being no further comments it was moved and seconded by Commissioners Wright/Sharp to approve Minute Motion 2008-001 accepting the Cultural Resources Phase I Survey as recommended by staff. 7 u4 P:\Reports - HPC\2008\5-15-08\HPC Minutes 4-17-08_Approved.doc 10 Historic Preservation Commission April 17, 2008 ROLL CALL: AYES: Commissioners Redmon, Sharp, and Wright. NOES: Commissioner Puente and Chairman Wilbur. ABSENT: None. ABSTAIN: None. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None VII. COMMISSIONER ITEMS: Chairman Wilbur asked Staff about the travel arrangements for the upcoming California Historic Preservation Conference. Executive Secretary Carolyn Walker provided the Commissioners with packets containing information on their travel arrangements. Planning Director Les Johnson suggested the Commissioners and Principal Planner Stan Sawa meet one night of the Conference for dinner in order to discuss the different events and workshops. Commissioner Wright stated that the Commissioners have done that in past conferences. Commissioner Wright commented on the excellent job staff has done in putting together the arrangements for the conference. 1911>�_1�111ji1�1:i►lJilq�� There being no further business, it was moved and seconded by Commissioners Wright/Sharp to adjourn this Meeting of the Historic Preservation Commission to the next Regular Meeting to be held on May 15, 2008. This meeting of the Historic Preservation Commission was adjourned at 4:23 p.m. Unanimously approved. J4� P:\Reports- HPC\2008\5-15-08\HPC Minutes 4-17-08_Approved.doc 11 REPORTS/INFORMATIONAL ITEM: 2-I MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA April 22, 2008 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:03 p.m. by Chairman Ed Alderson who led the flag salute. B. Present: Commissioners Katie Barrows, Paul Quill, Robert Wilkinson, and Chairman Ed Alderson. Absent: None. C. Staff present: Planning Director Les Johnson, Planning Manager David Sawyer, Assistant City Attorney Michael Houston, Principal Engineer Ed Wimmer, Principal Planner Andy Mogensen, and Executive Secretary Carolyn Walker. IL PUBLIC COMMENT: Mr. Matthew V. Johnson, 45-445 Portola Avenue, Suite 5, Palm Desert spoke about the fact that he, and his neighbors, would like to see a gas station at Avenue 50 and Jefferson Street. III. PRESENTATION: None. IV. CONFIRMATION OF THE AGENDA: Confirmed. V. CONSENT ITEMS: A. Chairman Ed Alderson asked if there were any changes to the Minutes of April 8, 2008. There being none, it was moved and seconded by Commissioners Quill/Wilkinson to approve the minutes as submitted. ROLL CALL: AYES: Commissioners Quill, Wilkinson, and Vice Chairman Alderson. NOES: None. ABSENT: None. ABSTAIN: Commissioner Barrows. r, :1 PAReports - CC\2008\6-17-08\PC Minutes 4-22-08.doc Planning Commission Minutes April 22, 2008 VI. PUBLIC HEARINGS: A. Tentative Parcel Map 35900 and Village Use Permit 2007-039; a request of Prest Vuksic Architects for consideration of 1) the Subdivision of one parcel into three parcels and, 2) Architecture and Landscaping Plans for two 7,045 square foot, single -story office buildings located on the northeast corner of Avenue 52 and Desert Club Drive. Chairman Alderson opened the public hearing and asked for the staff report. Principal Planner Andy Mogensen presented the information contained in the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. Commissioner Quill asked if there were more parking spaces included in this application than the previous one. Principal Planner Mogensen said yes. He stated the applicant has agreed to a shared parking agreement with a Covenant. They were only four spaces short of the spaces required by the Municipal Code if the restaurant and offices were open at the same time. Because they are so close to the minimum required, Staff has agreed to both office and medical buildings if they have a shared use with a covenant. The restaurant would be permitted to be open during the evening and the office use would be limited to daytime hours only. If the applicants want to add lunchtime operations, at the restaurant, the Conditions of Approval states they would have to come back with a parking study stating those operations would not create a parking problem. The Planning Director would then have to approve the change in order to remove the Covenant. Chairman Alderson asked if the Planning Commission would have an opportunity to review it. Staff said if the Planning Director deemed it was necessary. Currently the applicant is only planning for general office use, not medical. Commissioner Quill asked if this was reciprocal parking for the two uses. Staff replied Building A had its own small parking area, which accommodated the weekday operations for offices. Commissioner Barrows noted comments made by the Architecture and Landscaping Review Committee (ALRC) regarding the desert -friendly landscaping; specifically the bench areas. Staff replied the landscaping 50 4 Planning Commission Minutes April 22, 2008 plans showed those benches as well as a flat stone walkway. Staff added if you were to walk in from Desert Club Drive there would be some seating outside of the restaurant. Commissioner Barrows said the ALRC asked about walkability and the use of the Village Design Guidelines. She wanted to know if this project met those guidelines. Staff said the features were consistent with the Guidelines. Chairman Alderson asked what a "minimalist" parking structure was. Principal Planner Mogensen said it consisted of a flat roof and no special design features. Chairman Alderson asked if the buildings matched the existing structures. Staff said there was currently no office usage, only the Arnold Palmer Restaurant which had some similar design features. Chairman Alderson asked if the office buildings were mirror images. Staff replied they were very similar, essentially having mirror image layouts. Chairman Alderson asked what the additional parking requirements would be if the applicant wanted to use these buildings as medical offices. Staff was unsure what the requirements would be if both buildings were designated as medical offices. Staff said the medical office parking requirement is based on a slightly higher square footage ratio than general office, but it would not be a substantial increase because the office buildings were not very large. There could be an additional ten or fifteen spaces required. Chairman Alderson asked about the traffic study and asked if the layout was going to be reconfigured to accommodate parking and the movement of traffic. Staff said it could be reconfigured. Chairman Alderson said a deceleration lane might be required if the restaurant opened for lunch. Staff said the threshold, for Public Works' deceleration lane requirement, would be 50 trips per hour. That was why the studies were being required in advance of the uses, in order to give the applicant a yes or no answer on the lane requirement. The calculations had not been done yet. Chairman Alderson asked if the new landscape was to be done in a desert landscape motif, was the applicant going to replace the current Planning Commission Minutes April 22, 2008 landscape in kind. Staff replied most of the landscape was currently in turf, but much of the area would be changed to desert landscaping. Chairman Alderson suggested when the turf was being replaced the applicant might consider using artificial turf. Staff said it had not been discussed as the turf would not be replaced. There being no further questions of staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. David Prest of Prest-Vuksic Architects, 44-530 San Pablo Avenue, Suite 200, Palm Desert, introduced himself and said he was available to answer any questions. Commissioner Quill complimented Mr. Prest on addressing every issue of concern from the previous submittal and the building and facility were very good looking. Commissioner Barrows referenced comments from the ALRC about the use of deep eaves in dealing with the issue of heat retention on the west and south sides of the buildings. She went on to say she was concerned about the reduction of turf and didn't see any reason to retain the small patch of grass. She suggested it would be better to eliminate that portion of turf in favor of more trees to help shield the buildings. Even with the eaves it will get pretty hot in the afternoon. Mr. Prest replied the overhang was fairly deep and the south side was pretty well protected. There was not much they could do with the west, but the proper placement of trees would help. Commissioner Barrows suggested Palo Verde be added on the west side to create some additional screening. Chairman Alderson asked Mr. Prest if he was okay with the Conditions of Approval as recommended. Mr. Prest replied he was. Chairman Alderson asked Mr. Prest if the application was approved would construction begin as quickly as possible. Mr. Prest replied it would. Commissioner Quill said the turf identified behind Building B was currently a putting green. He wanted to know if that use would remain. Mr. Prest said yes it would remain, but be downsized. He added they 35) !I Planning Commission Minutes April 22, 2008 have worked on a lot of office complexes and there usually was very little landscaping left. This complex has a lot of landscaping and you could easily maneuver around this project. Chairman Alderson asked if there would be a problem with shielding all the parking lot lights. Mr. Prest said they had already planned to do that. Chairman Alderson asked if there were any more applicant representatives/comments. There being none, he asked if there was any public comment. Mr. A.P. "Skip" Lench, 78-285 Calls Cadiz, and 78-215 Calle Cadiz, said he was representing the neighborhood of single-family homes in the area. He, and another gentleman, met with David Chapman at his home and over the phone, trying to reach a consensus with the concerns of the neighbors as well as Mr. Chapman. Mr. Lench was happy to report they were pleased overall with the project. There were, however, still some outstanding issues: 1) When Mr. Chapman originally proposed the project he advised them a portion of the property along Desert Club Drive was zoned Village Commercial and the balance was zoned residential. At that time, the neighbors had qualms about a restaurant backing up to residential. Mr. Chapman convinced them the view could also have been blocked by large homes since single-family residences were also allowed. Several residents were upset because they agreed to a restaurant, and were now facing the addition of office buildings. 2) They met with Mr. Chapman, to come to an agreement about the addition of his buildings while the neighbors could maintain the residential feeling of their neighborhood. One of the items they agreed to was a deed restriction so there would be no further development on the property, i.e. buildings. They are requesting the Planning Commission place a deed restriction on the property preventing further development on the property. Mr. Lench stated another unresolved issue was the light shining in their back yards. Mr. Lench referenced the Architecture and Landscape Review Committee (ALRC) action, Item No. 3 of the report where it states: "Exterior lighting shall be consistent with Section 9.100.150 (Outdoor Lighting) of the La Quinta Municipal Code. A bulb refractor or dimmer shall be utilized with the proposed lantern fixtures if deemed necessary by staff. All relocated freestanding lighting within the parking lot shall not exceed the height of existing fixtures and shall be fitted with a visor if deemed necessary by staff." He had concerns about the statement �53 W Planning Commission Minutes April 22, 2008 "..fitted with a visor...". He said the prior Village Use Permit very specifically requested all the parking lot lighting be shielded and he wanted that condition to continue. Chairman Alderson asked if the lighting recommendations from the previous meeting requested the shielding should be on the northerly property line only. Mr. Lench said no, it was for the whole property. Mr. Lench said he was pleased to see the carports were very minimal, and said the neighbors wanted to make sure the lighting on the carports would adhere to minimalism as well. He commented briefly on where the parking structures were proposed; in the center of the parking lot as opposed to the northern boundary with the parking structure next to residences. He was pleased with the final location. He added they would like to request a deed restriction on any future development of this property. Commissioner Quill asked Council how a deed restriction would be done. Assistant City Attorney, Michael Houston said he had a couple of observations. There would be a policy issue on whether the Planning Commission would want to impose a restriction on future development. This is an issue that imposes a condition but there are some legal problems with that. The first of which would be, who would have the enforcement right should the restriction be breached. He did not know if it should be proposed that the adjacent residences have the right to remedy the situation. That could eventually cause problems should an application proceed with the City when the City would, in fact, possibly incur liability or a third party would have the right to enforce that against the City. The example being a future owner of the property. That owner could go to the Council waving a deed restriction and then the City would have a lawsuit. The other alternative would be the City would have the right to enforce the deed restriction. This may not be within the purview of the Planning Commission. Commissioner Quill asked if the deed restriction would be in favor of the property owners, or the City. Mr. Houston replied typically a deed restriction, under California Law, has to have properties burdened and properties benefited. So the question would be who is the property that is benefited. It also would restrict the City in the future to some degree if they decide to change the use of that property either through General Plan or Zoning Changes. The final point being there was nothing preventing the developer and the adjacent property owners to do this on their own. In California Law there is a Nexus requirement that conditions „ 7 6 uJ4 Planning Commission Minutes April 22, 2008 imposed on a project have a rational relationship. As a practical matter if there were lien holders they would be in a senior position to foreclose on this property and that sort of provision (deed restriction) would require the consent of the senior lien holders and they would probably not want that put on the property. Commissioner Quill asked if any future development plans required the developer to come back to the City and provide the adjacent property owners with an opportunity to voice their opinions. Staff replied yes. Chairman Alderson said for all practical purposes this property would be built out. Planning Director Les Johnson said it may be at the point of full development, but redevelopment could lead to a variety of opportunities. Chairman Alderson asked Mr. Lench if he had additional questions. Mr. Lench said since there seemed to be several legal issues regarding deed restrictions perhaps staff could come up with a way so that every two or three years the neighbors didn't have to come back to deal with further disruptions in the neighborhood. He added, Mr. Chapman is cognizant of the issue and expressed a willingness not to intrude further upon the adjacent residences. He asked if there was a way to avoid suddenly finding out there was going to be another structure overlooking their back yards and wanted to be assured they would retain the single- family neighborhood. Chairman Alderson asked staff if any future development would be subject to Planning Commission review and public notification since it would give the neighbors an opportunity to come back and comment on the application(s). Staff replied yes, they would be afforded an opportunity to respond, through the public hearing process. There being no further public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. Commissioner Quill said it was a good submittal and there was nothing he would change on this facility. He understood Commissioner Barrows' comments but he did like the retention of the putting green as it is a very active part of the Arnold Palmer restaurant. He was open for discussion on the turf in front of Building A. Otherwise he was pleased with what had been done to change the project. He proposed the Commission not UJJ 7 Planning Commission Minutes April 22, 2008 involve themselves in any of the deed restrictions as that should be between Mr. Chapman and the neighbors. Commissioner Barrows said she concurred with Commissioner Quill's comments and appreciated Mr. Lench's comments but didn't see any way to address his concern on the deed restriction. She suggested the turf in front be eliminated and put in artificial turf to save water usage. There is still a lot of turf on the project overall, but there is a need to get serious about water conservation. She suggested the developer could put in more trees and benches. Chairman Alderson said he supported the artificial turf issue. It was a good idea and would cut down on water usage. The only other comment he had was the occupation of the buildings. He had a problem with approving additional office buildings with surrounding buildings half vacant. This would create another situation where we have half vacant office inventory He didn't know who was going to occupy the space, but he stated in the current marketplace it is distasteful to build additional speculative office space in an area with unoccupied office space. There being no further discussion, it was moved and seconded by Commissioners Quill/Wilkinson to approve Resolution 2008-013 approving Tentative Parcel Map 35900, as recommended. ROLL CALL: AYES: Commissioners Barrows, Quill, Wilkinson, and Chairman Alderson. NOES: None. ABSENT: None. ABSTAIN: None. There being no further discussion, it was moved and seconded by Commissioners Quill/Barrows to adopt Resolution 2008-014 approving Village Use Permit 2007-039, as recommended and amended: a. Add a condition stating addition of turf in front of building A, at the corner of Avenue 52 and Desert Club Drive either be replaced with another appropriate landscape or an artificial turf -type of application with some additional trees and shading for the west facing side of that being provided as deemed appropriate and approved by the Planning Director. 8 Ur: JO Planning Commission Minutes April 22, 2008 ROLL CALL: AYES: Commissioners Barrows, Quill, Wilkinson, and Chairman Alderson. NOES: None. ABSENT: None. ABSTAIN: None. VII. BUSINESS ITEMS: None Vill. CORRESPONDENCE AND WRITTEN MATERIAL: IX. COMMISSIONER ITEMS: Planning Director Les Johnson explained why Commissioner Engle was not present due to the requirements of attendance of the Commission as stated in the City of La Quinta Municipal Code, Section 2.06.020B. According to that Code section, Mr. Engle, is entitled to and has made a request to Council for reinstatement to complete his term which ends June 30, 2008. This item will go before City Council at the May 6, 2008, meeting. Staff will provide all the Commissioners with the appropriate Municipal Code section as well as a Commissioner attendance list. He stressed their need to make sure they understood the Code provision for advance notification to the Council if unable to attend a meeting. Chairman Alderson then stated he will be unable to attend the next meeting as he will be out of the country. Chairman Alderson then gave a review of the City Council meeting last week, which included the Eden Rock project. He said it was a very interesting meeting and asked staff to go over some of the pertinent details of the Eden Rock presentation. Planning Director Les Johnson explained the land use/entitlement side of the application. He pointed out highlights of the application/presentation which included: ➢ Removal of the clubhouse and the clock tower, split pools and a variety of miscellaneous changes as a result of the application in January. The development team was responsive to those requests. 9 Planning Commission Minutes April 22, 2008 ➢ The focus was on the development agreement and the fiscal side of the agreement addressing the financial difference on that piece of property as it had previously been designated as a hotel. ➢ There were some concerns about an annual fee being paid by PGA west residents. There was discussion of the annual fee being imposed on those units causing future residents of Eden Rock to rent out the units. ➢ Discussion of the resale percentage paid captured by the City. Estimates were a wash from the original proposal accepted by the City staff. ➢ There was concern over the traffic study on Avenue 54 and Jefferson. There was a condition in the EIR requiring a signal being established. There was concern over the data collected. There was a modification made to the conditions staff introduced and that was approved requiring the payment the applicant would have to pay and including the improvements in a two -set process. ➢ A signal would be added midway through the project, if warranted. If not warranted there would be a second traffic study done to see if it was needed. There would be a five-year limitation, if warranted, or money back to the developer. The key issue is with Madison Street now anticipating traffic patterns will change. Commissioner Quill gave an example of an early builder in the area and the transfer fee charged on a home sold in each of his developments. That was ultimately challenged and the developer lost in court. Commissioner Quill said it sounded like what the City was referring to was a transfer fee established on each home. There would be an initial fee and subsequent sales charged a transfer fee to help offset the T.O.T. He asked what made it possible for the City to do that when private developers and Homeowners' Associations could not. Assistant City Attorney, Michael Houston, replied if done correctly, you can get a transfer fee for a limited duration. The City will be doing a development agreement process. A contracted agreement through the City and a third party required us to be deed -restricted on the property which would be backfilled with CC & R's that effectively require the payment. A negotiated provision for a government entitlement to have it done that way. He also referenced the fact the City does something similar to that in other contexts with respect to the ,, - .55 uJU 10 Planning Commission Minutes April 22, 2008 affordable housing program. Through the City's Quiet Second Program affordable housing is offered to a homebuyer and restrictions are put on who they can sell to in the future. If they don't perform appropriately the City has the right to come back and strip the profit. 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 the next regular meeting to be held on May 13, 2008. This regular meeting was adjourned at 8:10 p.m. on April 22, 2008. Respectfully submitted, Carolyn a tker, Executive Secretary City of La Quinta, California uJ� 11 DEPARTMENT REPORT: 3-A JUNE 17 JUNE 19 JULY 1 JULY 15 AUGUST 5 AUGUST 19 SEPTEMBER 2 SEPTEMBER 16 CITY COUNCIUS UPCOMING EVENTS CITY COUNCIL MEETING SPECIAL CITY COUNCIL MEETING - BUDGET CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING - CANCELLED CITY COUNCIL MEETING - CANCELLED CITY COUNCIL MEETING 0ss LA QUINTA CITY COUNCIL MONTHLY CALENDAR June 2008 Sunday Monday I Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 3:00 PM City Council 10:00 AM ALRC Meeting 6:00 PM CVAG Exec. Cote - Adolph League of California Cities Mayor & Council Members Executive Forum S uak Creek 8 9 10 11 12 13 14 10:00 AM Pub. Sfty-Kirk 7:00 PM Plammmg 9:00 AM RCTG 11:00 AM CVCC-Sniff 12:00 PM Trensp Kirk Commission Henderson 12:00 PM Energyl _zt' 5:30 PM Community 4:30 PM Investment Environs Sniff Flag Day Services Commission Advisory Board 6:00 PM League. Henderson 15 16 17 18 19 20 21 2:00 PM City Council 10:30 AM Homelessness 3:00 PM Historic Preser- 9:00 AM CVA-Henderson Meeting Cmte. vation Commission Father's Day 12:00 PM HCRC-Osborne 6:00 PM ?? Special CC Meeting - Budget 22 23 24 25 26 27 28 10:30 AM RCTC Budget - 7:0D PM Planning 12:00 PM Sunline-Adolph 9:00 AM LAFCO. Henderson Commission Henderson 29 30 6:00 PM Exec Cote: Adolph May July S M T W T F S S M T W T F S 1 2 3 1 2 3 4 5 4 5 6 7 8 918 6 7 8 9 10 1112 11 12 13 14 15 16 17 13 14 15 16 17 18 19 18 19 20 21 22 23 24 20 21 22 23 24 25 26 25 26 27 28 29 30 31 27 28 29 30 31 Printed by Calendar Creator Plus on 6/11/2008 i) q LA QUINTA CITY COUNCIL MONTHLY CALENDAR July 2008 Monday TuesdaySunday 1 . . 2 3 4 5 June S M T W T F S 3:00 PM City Council Meeting 10:00 AM ALRC 12:00 PM Mayors Lunch 9:00 AM - 4:00 PM SJSR lid. Mnmt-Henderson 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Independence 0ay(City 15 16 17 18 19 20 21 Hall Closed( 22 23 24 25 26 27 28 29 30 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. Sfty-Kuk 3:00 PM City Council 10:30 AM Homelessness 3:00 PM Historic Preser. 9:00 AM CVA-Henderson 12:00 PM Transp-Kirk Meeting Conte. vation Commssion 3:00 PM Mtns. 12:00 PM HCRC Osborne Censversancy-Kirk 5:30 PM Community Services Commission 6:00 PM League. Henderson 20 21 22 23 24 25 26 7:00 PM Planning 12:00 PM Sunline Adolph 9:00 AM LAFCO- Commission 4:00 PM J.Cochran flag. Henderson Airp Osborne 27 28 29 30 31 10:30 AM RCTC Budget August Henderson S M T W T F S 6:00 PM Exec Come.. 1 2 Adolph P 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Printed by Calendar Creator Plus on 6/11/2008 v b 2 LA QUINTA CITY COUNCIL MONTHLY CALENDAR August 2008 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 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 RCTG 11:00 AM CVCC-Sniff 9:00 AM CVA Henderson 12:00 PM Tramp -Kirk Commission Henderson 12:00 PM Energyl 5:30 PM Community 4:30 PM Investment Environs Sniff Services Commission Advisory Board 6:00 PM League Henderson 17 18 19 20 21 22 23 3:00 PM City Council 10:30 AM Homelessness 3:00 PM Historic Preser Meeting - CANCELLED Conte. vation Commission 12:00 PM HCRC-Osborne 24 25 26 27 28 29 30 10:30 AM RCTC Budget 7:00 PM Planning 12.00 PM Sunline-Adolph 9:00 AM LAFCO- Henderson Commission Henderson 6:00 PM Exec Cone: Adolph 31 July September S M T W T F S S M T W T F S L-1 1 2 3 4 5 1 2 3 4 5 6 6 7 8 9 10 11 12 7 8 9 10 11 12 13 13 14 15 16 17 18 19 14 15 16 17 18 19 20 20 21 22 23 24 25 26 21 22 23 24 25 26 27 27 28 29 30 31 28 29 30 Printed by Calendar Creator Plus on 6/11/2008 J 00 DEPARTMENT REPORT: f / / TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety `I q DATE: June 17, 2008 RE: Department Report — May, 2008 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of May. 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Q R V � id N 0 V>1COr C 1 NLO (D MP, r� N 100 CO CM WO LO'7 10 f-_ h O 0r�N000M N N oOMMN O CI)' La �{ O N N O r � N } � O O z O � O cx C O Q O 7 O C � O N N 0O N OO t0ONN COD M IT OOOOCNp A ON O �m N r 7 Nm0 OCOO N COO C4MO " M00000� �'-� MOCOD go M Q COO 2 N 0 0 f0 f- 0 m M 0 LO N O 'm 10 CO 0 0 0 dC41CO[DISIRI NNM N co OS- M�TO CNN V rOMOOON V NNM<�a n U. fN0 N C N V 7 7 YO V' 00 100D O N '- O O! f-CD OOOOOaD eV} M MN m ON 0 Vf m CL p m ,ca C O O O O O W m c N C C C V C N J m N = °c�' 9 d E E m Ea Ea0 mm o a OOc h F F� mA mom c mmd.i V madE m m cm ccyo oQ C¢ uZ J �; c 6, ?ami a �ami a?ami3ar m� 00 cp m03m > e J IM _>ami3 Q 0 0 m Q 0 — Q O O— 2 E m � o � a• y �' c O o O m t o op._c2�oo�- �; •- c wr 2 m t F- o� E m— ZQ O r rvm¢0>N OOrpOz¢�Or Z > F 3 0 5 DEPARTMENT REPORT: 3 0,111, Twit 4 3 5 Lo r OF TO: Honorable Mayor and Members of the City Council FROM: Edie Hylton, Community Services Director DATE: June 17, 2008 SUBJECT: Community Services Department Report for May 2008 Upcoming events of the Community Services,Department for July 2008: July 1 *Core Circuit for Everyone July 1 *Basic Computer July 1 *Photo Editing 4 July 1 Adobe Elements Basic Course, Senior Center July 1 Food Art Professionals Part 2, Senior Center July 2 Adobe Photoshop Professional Version, Senior Center July 2 Jazzercise Evening, Senior Center July 2 Morning Fitness, Fitness Center July 2 Tae Kwon Do, Senior Center July 2 Zumba, Senior Center July 3 Adobe Elements Basic Course, Senior Center July 3 *Patriot's Luncheon July 3 *Basic Internet July 3 *Digital Photo July 5 Summer Golf Tour Woodhaven Country Club July 8 *Tai Chi Introduction (FREE Class) July 8 *Word Processing July 8 *Photo Editing 1 July 8 Beginning Guitar, Senior Center July 8 Beginning Guitar Part 2, Senior Center July 9 *Ageless Action Amex (Morning Exercise) July 9 *Mat Pilates July 10 *E-Mail July 10 *Photo Editing 2 July 10 *Social Ballroom Dancing Intermediate/Advanced July 10 Dance/Play/Pretend, La Quinta High School July 10 Beginning Ballet, La Quinta High School July 11 *Sizzlin' Summer Serenade Evening Dance July 11 *On the Ball Training Beginner (FREE Class) July 11 *On the Ball Training Intermediate July 11 Movies in the Park, Civic Center Campus July 12 Summer Golf Tour Cimmaron Golf Resort July 12 There's a Monument in Your Backyard, La Quinta Museum July 14 Ballet/Jazz Combo, La Quinta High School July 14 Teen Beginning Ballet, La Quinta High School July 14 Computer Intermediate July 15 *Word Processing Level 2 July 15 *Photo Editing 3 July 16 Microsoft Excel July 16 Food Art Fruit Art, Senior Center July 17 *Files & Folders July 17 *Photo Editing 4 July 19 Summer Golf Tour Desert Willow, Mountain View Course July 22 Beginning Tennis Evening, Fritz Burns Tennis Courts July 22 Personal Touch Body Sculpting, Senior Center July 22 *Basic Computer July 22 *Photo Editing 1 July 22 *Beginning Tennis July 23 Intermediate Tennis Evening, Fritz Burns Tennis Courts July 23 *Intermediate Tennis July 24 *Mature Driver Training July 24 *Social Ballroom Dancing Beginners July 24 *List & Labels July 24 *Photo Editing 2 July 25 Movies in the Park, Civic Center Campus July 26 Summer Golf Tour Silverrock Resort July 28 Food Art Profession Knife Handling, Senior Center July 29 Food Art Vegetable Apeeling, Senior Center July 29 *Word Processing July 29 *Photo Editing 3 July 31 *Photo Editing 4 July 31 *Word Processing Level 2 *Daytime Senior Center class or activity j 7 Community Services Program Report for May 2008 2008 2007 2008 2007 Participants I Participants Variance Meetings Meetings Leisure Classes Belly Dancing - Beg. 10 6 4 4 3 Belly Dancing - Inter. 1 5 -4 2 4 Adobe Photoshop 7 0 7 5 0 Microsoft Excel 10 15 -5 1 8 Ballet 11 7 41 5 5 Dance, Play, & Pretend 12 26 -14 5 8 Zumba 1§1 0 16 9 0 Tee Kwon Do 1 5 -4 13 10 Totals 1 681 64 4 44 38 2008 2007 2008 2007 Participants Participants Variance I Meetings Meetings Special Events Catalina Excursion 30 0 30 1 0 Museum Grand Opening 350 0 250 1 0 Athletic Honors Ceremony 45 70 -25 1 1 Totals 425 70 255 3 1 2008 2007 2008 2007 Participants Participants Variance I Meetings Meetings Adult Sports & Fitness Open Gym Basketball 187 273 -86 16 20 Fitness Center 532 113 419 27 22 Adult Soccer League * 0 160 -160 0 3 Totals 719 546 173 43 45 2008 2007 2008 2007 Participants Participants Variance I Meetings Meetings Museum School Tours 30 0 30 1 0 Totals 30 0 30 1 0 Community Services Totals 1,242 680 462 91 84 * No Adult Soccer League during the summer to rehab La Quinta Park. Community Services Department Attendance Report for the Month of May 2008 Summary Sheet Program 2008 2007 Variance Sessions Per Month 2008 2007 Leisure Classes 68 78 -10 44 47 Special Events 425 50 275 3 1 Adult Sports/ Fitness 719 546 173 43 45 Museum 30 0 30 1 0 Senior Center 1044 1147 -103 81 88 Total 2,286 1,821 365 172 181 Museum Services Visitors - Adults 53 0 53 5 0 Visitors - Youth 6 0 6 5 0 Total 59 0 59 10 0 Senior Services Senior Center 273 289 -16 11 21 Total 273 289 -16 11 21 Sports User Groups La Quinta Park Use AYSO 100 100 0 24 26 LQ Sports & Youth 25 50 -25 10 6 So Cal Xtreme 15 0 15 4 0 Lightning Fastpitch 20 0 20 7 0 Sports Complex LQ Sports & Youth 1000 900 100 21 26 Facility/Park Rentals Senior Center Private Pa 1200 500 700 6 4 Church 300 300 0 4 4 Library I Classroom 2001 600 -400 4 12 Civic Center Private Pa 225 150 75 3 2 Park Rentals La Quinta Park 100 250 -150 1 5 Fritz Bums Park Total 3,185 2,850 335 841 85 Total Programs 5,803 4,960 743 277 287 Volunteer Hours Museum 44 Ol 44 Senior Center 1 2691 303 -34 Total Volunteer Hours 1 2691 303 -34 Monthly Revenue Report for May 2008 Monthly Revenue - Facility Rentals 2008 2007 Variance Libra $ $ 7,537.50 $ 7,537.50 Museum $ $ - $ - Senior Center $ 5,382.50 $ 3,385.00 $ 1,997.50 Parks $ 400.00 $ 1,010.50 $ 610.00 Sports Fields $ 748.50 $ 245.00 $ 503.50 Monthly Facility Revenue $ 6,531.00 $ 12,177.50 $ 5,646.50 Monthly Revenue Museum $ 479.00 $ - $ 479.00 Senior Center $ 3,356.00 $ 4,083.50 $ 727.50 Community Services $ 5,537.00 $ 3,670.00 $ 1,867.00 La Quinta Resident Cards $ 1,575.00 $ 2,160.50 $ 585.00 Fitness Cards $ 380.00 $ 130.00 $ 250.00 Total Revenue $ 11,327.00 $ 10,043.50 $ 1,283.50 Revenue Year to Date Facility Revenue $ 60,387.00 $ 92,894.50 $ 32,507.50 Museum $ 479.00 $ - $ 479.00 Senior Center $ 83,263.50 $ 82,757.50 $ 506.00 Community Services $ 61,886.50 $ 46,980.00 $ 14,906.50 La Quinta Resident Cards $ 23,565.00 $ 35,130.00 $ 11,565.00 Fitness Cards $ 6,115.00 $ 2,775.00 $ 3,340.00 Total Revenue to Date $ 236,696.00 $ 260,637.00 1 $ 24,841.00 Senior Center Attendance Senior Center Program Report for May 2008 Participation Participation Variance Meetings Meetings 2008 2007 2008 2007 Senior Activities ACBL Bride 307 376 -69 4 5 Bridge, Duplicate/Social/Party 251 262 -11 13 12 Welcome Spring Evening Dance 28 43 -15 1 1 Afternoon Tea Luncheon 30 26 4 1 1 Monthly Birthday Party 381 35 31 1 1 Monthly Luncheon 72 86 -14 1 1 Movie Time 61 47 14 5 5 Tennis Club 55 0 55 8 0 Senior Activity Total 842 875 -33 34 26 Senior Leisure Classes Arts & Crafts Painted Pots 10 0 10 1 0 Bridge Lessons 15 0 151 2 0 Computer Classes 13 10 3 5 4 Dog Training 5 0 5 2 0 Exercise 23 34 -11 12 12 Hatha Yoga 15 0 15 4 0 Hooked on Loos 11 5 6 3 2 Quilting 34 48 -14 5 5 Sketch & Draw 5 14 -9 1 3 Ukulele Players 45 22 23 5 4 Watercolor 6 12 -6 2 3 Woodcarvers 20 13 7 5 4 Senior Leisure Classes Total 202 158 44 47 37 TOTAL SENIOR PROGRAMS 10" 1033 11 81 63 Senior Services FIND Food Distribution 175 175 0 4 5 Health Screenings (CaroddArtery) 14 4 10 1 1 HICAP 8 2 6 3 1 Legal Consultation 5 5 0 1 1 Notary Services 5 0 5 1 0 Seminars - May 2 6 6 0 2 0 FREE Class (On the Bali Core Training) 26 0 26 4 0 Volunteers 34 24 10 n/a n/a TOTAL SENIOR SERVICES 273 216 47 11 8 SENIOR CENTER TOTAL 13171 1249 58 92 71 1 2008 2007 1 Variance Volunteer Hours Senior Center j 269' 303, -341 Volunteer Total: 2ss 303` -34�! -- Revenue Senior Center Revenue $3,3M.00 $3,960.00-$604.00 - Revenue Total: $3,356.00 ! $3,960.00-$804.00 May-08 i �75 Parks Activities Updates For May 2008 Two ground level slant jets were purchased to replace the water cannons at the La Quinta Park interactive water feature. The water cannons were vandalized and inoperable. The new slat jets will limit the possibility for vandalism. Staff is working to have the new slant jets installed before the installation of the new rubber surface. The La Quinta Sports Park Needs Analysis and Rehabilitation plans and cost estimates have been completed by the contractor and delivered to Desert Sands Unified School District for their review. Staff met with the La Quinta Youth Sports Association who supported the plans and estimate and provided some additional suggestions for lighting. The La Quinta Sports Park Needs Analysis and Rehabilitation plans and estimates will be presented to the Community Services Commission on July 14th. Staff met with the contractor who installed the fence along the Fred Wolff Bear Creek Nature Preserve. Approximately 12 boards along the 4,800 ft. long fence continue to fall from their settings. The contractor is working with the manufacturer of the recycled material to have the sections replaced. Per the contract, the contractor has a warrantee of one year from the notice of completion. A replacement slide for Fritz Burns Park was received this month but unfortunately, the manufacturer shipped the wrong color. The correct slide is being shipped and will be installed promptly. The original slide was removed due to vandalism. Staff secured the slide opening for safety and the playground remains open for use. The Sports Acknowledgement Area was cleaned and refinished for the La Quinta Athletic Honors Ceremony on May 16, 2008. Recently, Vintage Landscapes (Park Contractor) received their provisional Water Certification through the California Landscape Contractors Association. This Certification is designed to recognize landscape contractors who demonstrate their abilities in water conservation. To receive their full Certification, Vintage must manage an efficient water budget at three parks for one year, followed by a full audit by the California Landscape Contractors Association. The three parks being used for the Certification are Centre Point, Eisenhower, and Velasco. Vintage will also be coordinating their certification efforts with CVWD. 10 A valve box that was originally constructed in the trail entering Adams Park has been relocated. This was done to improve the appearance of the entry path as well as eliminate a possible trip hazard. Department Report: OF'ik�'� TO: The Honorable Mayor and Members of the City Council FROM: Les Johnson, Planning Directo -) DATE: June 2, 2008 SUBJECT: Department Report for the Month of May 2008 Attached please find a copy of the Planning Department Report which outlines the current cases processed by staff for the month of April. PAMonthly Report Folder\2008\MAY 2008.doc Z F- W CC g0 cc n. W m m CL 0 W Z N Cl W } Z Zaa W J ❑ a W Z 0 H a m a� Z) a N E W U) fn O ❑ W U U)Y C v-o o'ammmmm vvvvv ova U W N N N N N N N N N o o o o N N N i 'g EY Y Y Y Y Y Y Y Y Y Y F+ Y Y Y Y Y Y Y Y_ Y Y Y Y U U L O E E E E E E E E E m E E E E E E E W z a a a a m .n a m a a m a a a a a a a Z Q c a 7 7 7 7 m n 7 m m N m m m n 7 n 7 J_ N N N N 0 0 0 N N � M M N M 0 N O CAC (O OO OO 0 00 N ON EOM Z Q CO) z O J N Q C1 U t p a a ~ CA iy+ U rn Z c E °D E a� a E (D E V W N C C W o d o. l0 E �- w v N 0 d N °' (On E � N r ? a E N cc (D Q E °' E a coE U)a= C m a. O N a C ❑ a O N f0 N co co0 N O m H >, a)C CM V O C C E E d Q :p N mN E N �. y U)m O N a V N❑LNN o +0- o c Ow o U cm U m }0)> ' CC Ccn(nH> C E 2 > O N C N U❑ W 0- j a.a. U(n N ~ 00 O C) C; Q� M Z OQ U N �O � F n 00 (7 N Z_ Z } Z J JD d • ST OD a) C`') O Cl) O N (`•) F (M Z v O a Fr E U Q M W O + v v o o 0 0 0 a� v v v o p N 0 N N N N yY, 't a) N a) Q N 0LU Y Y Y Y Y N Y i! Y }+ Y }+ Y Y Y Y Y Y Y Y Y Y W > E E E E E E E o E o ._ E ._ E ._ E ._ E ._ E O C) aamamm = naaaam OC 7 7 7 7 7 7 N N N N V) N N co 0 N N N N N d [h N CO N O N M L0 It 0 M Q Q W M F_ Z 1— O J O Q W Z IL p Q H C C C " N C M H N E°0 1p O E W OC J (� E E N 'a N 7 a" N y Q d !_' N Q ir ajQ �Qa >, E N a� m � `° `- o f0 F m v as c m aE� y ° j V C Z O V •�+ O CO O a 0):� >jr�j •Y m U a _1 J N a) .0 CM . F a _ 0F 0 UO(7�O wO 050U)I CNN al U a U '6 L) E O m a3 N _U C O N m � E m Y a7 N O C U)a o > C N .`c3 ° ai O Y C j Q 9 L O. _(D j > O L T a) Y U N N 7 -O YO N U N 0 0ca W N N U tm U O ,C E Q •C E 03 O > .c ocn o E� a)O C)L C c O a7 0 O Op O O aa)0 -zam O j N >o O > y a7 p a 06 a m CL m CO N Q N (D ` (D v 4 Co -a C .0 a7 U O .E O YO L O C C U coC a) O O N N O C) 4� o M 360 DEPARTMENT REPORT: ZS MEMORANDUM TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, Public Works Director/City Engineer DATE: June 17, 2008 SUBJECT: Public Works Department Report for May 2008 Attached please find the following: 1. Citizen Service Request Summary; 2. Encroachment Permit and Plan Check Services Summary; 3. Capital Improvement Plan Status Update; 4. Monthly Summary of Public Works Tasks. 5. Response to St. Francis of Assisi Parking Lot Expansion Update T' othy R Jona s n ublic Works Dctor/City Engineer •C]IN V N O N ('l NO �0 NO,N iM O) O' F- p 0 OIOO O OOO O'O 0 0 O�O O O O0 O O'O,OI-' 4no —r H W lrn 0 0 0'a O',o,o,0 0 0 0 0 0 0,0 O 01 - a J �~ pm coo UW 0 0 0�0 o o o o 0 010 o oo 0d r o 0 0 o Oo o Oio to o 0 oO,o to io o OUtp o 0 0 0,0 0 0 oi� a O o 01101-10 o'ilo m �y�10 OI�O O O O O O,O'O 10'O O O m W— m '� I�10,0 — Oi0 OI-'O O'O O a Z - r--O N O O Oloo O o'O'O I OIO OHO OIO 0 0 IO N I I__ OHO O m I T } U ,W d O;�i� � OI-I� m O OI- Pn OIN o C w 0 w 1 IO I0 O O OO O OO OO O O O O'O O Polo 0 0 O a 11 z W —� —1 I 1 oWO W z0 1 o •-'V �iN O N r mN OO'N ON O NIm Im O O -- w W co W N O N n�mi'N a VIPN Z w l E'75 � rn N O N W m 0 Or c �loln s t0 c c ig a ~ c 10 =1p�vi m c' c�lu'c o n c E rn E o o v �,w d m 0' o' v' d v U m c `" E s U E o,� Cc c �I,m w W c y s o '� m m Q C `° o mom 22 ,W E�O �' n.� �lrn 0P01 r 1I � c �, 3 m v d wl rn> o ,U d a` Q of c.°J >' U m L'�0, Y m al m' m oly c> N N o ff in U U•O 0 a J',a �� y ,E W a a c ~Ni J m I F'I u U _ u u C u gu �y �u u 00 o S C N Z Z 2a 0 0 0 a W Q 0 a N r Q W r o O r 0 WO a) M' N ° O n daN m J Z Q °a U Z Q W U W lL m O c a ^� a J Q r a Q U v ," C w C .. O N C O U N U C a7 O C y O O E N �. � O C �j @ c o. m e U o N U' CO n5 ° W m W N C .. o m ° � o m � m O c O c 00 C a) L C m N C N C O C;) a) � a) •C � C N � O C > O T L N a7 � O � � � O T }' L m f0 � C C m c o a) O� U w N O C C N w p p U j��OcaNi'o f0 9 N .� 7 N �jcc 7 p C N° 3 o no ° m� N c U� m E � O � ° � O � -Np .� � O U = .m ro > aiU �O c 3-Noa °� ° Co 0 C m a) O a7 L � w o .- N U �� m'x 3L 3'-•np aL �� l0 y N a) ++ N CO U �. *' � N N C U 3� "O C N 3 O (O L C ° @ a) a) � p m i -p a) O U T N (0 U N L ;; C a) N m a) C N? O3$ 6 m a7 � O U �' a7 c � a m.N 3 N � 3 ��3 c Q C� W d C d L 'C -p U N T O 70 � a7} ; � � p o�U d a U �T, o O y U m � � +T+ � a) N C N U U O a) W 7 O U �� o ° m om c a p co O 0 o m M O N a f. " JU C O) 'O O C C C C M> C C QI C C" 0 0 01 O _0 w~U� OYON �N m 0 a n 'OaN N wCCa)0L coW 0 6 L — MONTHLY SUMMARY OF PUBLIC WORK TASKS MONTH OF: MAY, 2008 Employee's Hourly Labor Breakdown Crew#1 Crew #2 Crew #3 Maint. Mg. Code Activity 5 Men 4 Men 2 Men 1 Man Total 1000 Policing/Inspection 38 105 0 12 155 1001 Pot Hole -Repair/Patching 23 5 0 1 29 1002 Crack/Joint-Repair 0 0 0 0 0 1003 Pavement Marking/Legends 0 0 0 0 0 1004 1 Pavement Marking/Striping 01 0 0 0 0 1005 Curb Painting 01 0 0 0 0 1006 Other Traffic Controls 0 17 0 0 17 1007 Curb & Gutter Repair/Const. 0 0 0 0 0 1008 Other Concrete Repairs/Const. 38 0 0 1 39 1009 Street Sign Install (New) 0 1 0 0 1 1010 Street Sign Repair/Maint 32 10 0 4 46 1011 Debris Removal 29 28 0 2 59 1012 Right of Way Maint. 4 67 48 0 119 1021 CLEAN Catch Basin Inlet/Outlet 0 16 0 0 16 1022 Rondo Channel Outlet/Vault 0 0 0 0 0 1022A Desert Club Outlet/Vault 0 0 0 0 0 1023 S.D./ D.W./C.B. Repair/Maint. 0 32 0 3 35 1024 Gutter/Median Sand Removal 0 19 0 0 19 1025 Street Sweeping (Machine) 123 0 0 01 123 1026 IStreet Sweeping (Hand) 0 0 0 0 0 1027 Sidewalk/Bike Path Cleaning 0 0 9 0 9 1028 Dust Control 0 0 0 0 0 1029 Flood Control 0 0 0 2 2 1031 Parks/Retention Basins Inspection/Clean-L 2 1 68 0 71 1041 mg/ Weeding, Shrubs & Tree Trimming 40 50 65 2 157 1051 Landscape/Irrigation Contract Managemer 2 21 56 141 74 1052 Lighting/Electrical Contract Management 0 01 0 71 7 1061 Small Tools Repair/Maint. 2 0 0 0 2 1062 Equipment Repair/Maint. 13 0 0 0 13 1063 Vehicle Repair Maint. 12 20 0 0 32 1081 Trash/Litter/Recycable Removal 0 9 0 0 9 1082 Vandalism Repairs 0 0 0 0 0 1083 Graffiti Removal 136 68 22 9 235 1084 Maint. Yard Building Maint. 4 6 0 1 11 1085 Seminars/Training 9 10 0 7 26 1086 Special Events 0 0 0 0 0 1087 Citizen Complaints/Requests 95 16 0 0 111 1088 Meeting 21 43 14 27 105 1089 Office (Phone, paper work, reports, Misc.) 12 27 6 50 95 SUBTOTAL 6351 552 288 142 1617 1091 1 Over Time 10 13 0 0 23 1094 jJury Duty( 0 0 0 0 0 1095 1 Sick Leave 37 16 0 8 61 1096 lVacation 88 40 16 2 146 1097 lHoliday 40 32 16 8 96 1098 Floating Holiday 0 0 0 0 0 1099 Worker Comp/ Bereavement 0 01 01 0 0 SUBTOTAL 175 101 32 18 326 TOTAL HOURS 810 2231 3201 160 1943 TOTAL MILES JL 3631 3552 14641 370 9017 JV( Tix'1' of 4Qx!"fw MEMORANDUM TO: Honorable Mayor and City Council Members FROM: Wimothy Jonasson, Public Works Director/City Engineer VIA: Thomas Genovese, City Manager DATE: June 11, 2008 SUBJECT: St. Francis of Assisi Drainage Attached is a memorandum updating the members of the St. Francis of Assisi church regarding ongoing negotiations with the City to expand their parking lot in anticipation of building their site out in the future. Over the past five years staff has met with the church to review drainage requirements associated with their project. Currently there is approximately $398,000 in the CIP to address the City's responsibilities for offsite drainage which is largely the result of flows from the Highland Palms development. Staff anticipates that the church will be reimbursed for the City's share of the additional drainage cost once the church's expansion project is entitled and a reimbursement agreement is executed. To date the church has yet to complete its preliminary plans to the point that they can be formerly submitted for entitlement processing. At a meeting held on March 25, 2008, the St. Francis development team said that their engineer had determined that 80% of the storm water coming to their site "is the responsibility of the City. The church representatives also stated that the retention basin would have to be built underground to allow them to build a large enough parking lot to meet the future parking demand as they built out their site. They believed that due to the offsite flow it would be appropriate that they ask City Council to fund 80% of the roughly $3 million underground drainage facilities that they desire for their proposed development (parking lot expansion and additional buildings). California drainage law provides that a developer is responsible for historic flows to their property so long as the adjacent property owner has not increased the velocity or amount of water or concentrated the location where it enters the adjacent property from what historically arrived at the property. This information should be contained in the hydrology report for the project which the church representatives said was forthcoming. P Q. Box 1504 78-495 Calle Tampico, La Quinta, CA 92247 (760) 777-7051 or FAX (760) 777-7155 Staff formally requested a copy of the preliminary hydrology study on March 25 and April 15. Staff informally asked for the preliminary hydrology study again in May. To date, staff has yet to receive the study for the proposed St. Francis of Assisi Project. Once the report is received and reviewed staff will be in a better position to analyze the City's drainage responsibility for the offsite water to this site. P.O. Box 1504 1 78-495 Calle Tampico, La Quetta, CA 92247 U U •J (760) 777-7051 or FAX (760) 777-7155 Department Report: 9 • LA Ui TA P@LICL Served by the Riverside County Sherffs Deparhent Police Department Monthly Report May -- 2008 Prepared for La Quinta Police Department ® SIGNIFICANT ACTIVITY REPORT Captain Rodney Vigue Chief of Police (Number in parenthesis denotes number of calls for service that day.) 05/O1 Thursday (68) 2055 hours — Felony DUI traffic collision at Madison and Avenue 54. Deputy Feldman contacted and arrested Robin Lynn Lawton. Three occupants of the other vehicle each had complaint of pain to their neck and back. There were no visible injuries. They were transported to JFK via AMR. 2210 hours — Driving under the influence at Jefferson and Westward Ho Dr. within the City of La Quinta. Sgt. Adams contacted and arrested Gary Michael Harwood. 05/02 Friday (74) 0010 hours- La Quinta SET deputies served an arrest warrant in the 57800 block of Monroe St. and arrested Kateria Saul for 3 felony narcotic / theft related warrants. Deputies also arrested Benjamin Pinela for parole violation, possession of methamphetamine and possession of drug paraphernalia. Saul was transported to JFK for an okay to book. Saul and Pinela were booked into the Indio jail. 1203 hours - Dispatch received a telephone call from an anonymous female stating ajuvenile was intending to harm another student at the end of the school day. The female identified the suspect and advised he was ® in possession of a weapon. The mother of the threatened juvenile was contacted and said there had been ongoing threats towards her family from the threatening juvenile. The suspect juvenile was located and a consent search of his residence was conducted. During the investigation a wanted juvenile out of San Bernardino was located and arrested. 1745 hours- False Registration and suspended driver license arrest at Hwy I I I and Home Depot Dr. Sergio Romero was arrested by Deputy McAnallen. 05/03 Saturday (72) 1024 hours — Deputies Adams and Pittenger responded to the 79200 block of Camino Del Oro regarding an unattended death. The elderly female resident appeared to have died in her sleep. 1516 hrs- Dep. Hughes responded to the 45300 block of Coldbrook, in reference to a request to keep the peace. Dep. Hughes discovered Albert Vega Sargent intoxicated in public. Dep. Hughes arrested Vega and transported him to the Indio Jail for booking without incident. 05/04 Sunday (79 0645 hours- Deputy Castellanos responded to the 77900 block of Calle Monterey in reference to a report of a home invasion robbery at the location. The victim said two male, adults entered his residence and demanded money. The victim said the subjects took several firearms and also took a vehicle from his garage. The victim's account of the events changed several times. The residence was in disarray; had no utilities services and it appeared that the subjects at the residence were possibly involved in illegal drug activity. 1207 hours- Deputies Adams and Pittenger responded to the 78600 block of Bradford Circle in reference to ® a domestic disturbance. David Lee Ellis was arrested for assault and battery, elder abuse and terrorist threats. Ellis was transported and booked into the Indio Jail. 391 ® 05/05 Monday (62) 1115 hours — Deputy Trueblood conducted a pedestrian check of a juvenile at Hwy 1 I I and Dune Palms. The juvenile had a no bail warrant for battery and was in possession of graffiti paraphernalia. He was booked into juvenile hall for the warrant. Charges will be filed out of custody for the graffiti paraphernalia. 05/06 Tuesday (62) 1900 hours — Corporal Dale and Deputy Rowley responded to 79-795 Hwy. t I I regarding a suspicious person. Eric Travis McCoy was contacted. Upon searching McCoy, Corporal Dale found 1.1 grams of methamphetamine and 2.1 grams of marijuana on McCoy's person. McCoy was transported to the Indio Jail and booked for possession of methamphetamine and possession of marijuana. 2133 hours — Deputy Lopez responded to the 53-000 block of Jefferson regarding a domestic violence call Andrew Cancino was found to have been driving under the influence of alcohol and involved in a traffic accident. Cancino was arrested for DUI and transported to the Indio Jail. 05/07 Wednesdav (106) 2155 hours- La Quinta SET conducted a traffic stop at Sinaloa and Eisenhower Dr. and arrested Moises Ramirez for a felony narcotic warrant and Jose Garcia for a DUI and resisting arrest warrant. Both were booked into the Indio jail. 05/08 Thursday (90 0007 hours — Public intoxication at Circle K on SR 1 I 1 and Plaza. Deputy Stockham contacted and ® arrested Jonathan Flores. 05/09 Friday (95) 1400 Hrs- Deputy Illera responded to the Lamp Post Pizza in reference to a report of vandalism. Evan Bone found the rear window to his vehicle smashed and the rear passenger door dented with a rock. Bone gave deputies the name of a potential suspect. Deputies responded to the 52100 block of Avenida Ramirez and contacted the suspect at his residence. Based on evidence developed, the suspect was arrested for terrorist threats and vandalism and was booked into Indio Jail. 2300 hours — La Quinta SET deputies stopped Jessie Rodriguez after he ran a stop sign at Avenida Herrera and Calle Ensenada. Rodriguez and his passenger, David Allen, were arrested for public intoxication. Both were booked into the Indio jail. 05/10 Saturday (62) 1330 hours- Deputy Mc Anallen investigated a grand theft at Office Max. Investigation determined that two males took items from the store and fled in a pick-up truck. Deputies attempted contact with the registered owner of the vehicle in the 47400 block of Blue Jay in Indio. The suspect was not home but the occupant permitted a search of the residence but no stolen property was located. 05111 Sunday (65) 0446 hours — Grand theft in the 43000 block of Messina Ct. A citizen saw two subjects, Randy Rosas and David Beck, as they walked over to several different cars in the roadway and tried to get into them. They entered an unlocked Mercedes, took several items and fled westbound on Torino Ave. Inv. Matt Diaz saw these two subjects trying to get into another car on Torino Ave. He contacted both subjects and detained ® them. Deputies recovered the stolen property and returned it to the vehicle owners. J�� 1102 hours- Deputy Knight responded to the 52500 block of Avenida Diaz in reference to a disturbance at ® the location. Jessica Osip was arrested for assault and battery, maliciously destroying a telephone line, and child endangerment. Osip was transported and booked into the Indio Jail. 1328 hours — Deputy Oganeku and Cpl. Morton responded to the 78200 block of Winter Cove regarding a check the welfare call. The son-in-law reported being unable to contact his 84 yr old mother-in-law. When deputies entered the backyard they found the female deceased. No signs of foul play were observed at the scene. 1845 hours — Deputy Berry contacted Andres Montemajor in the 53000 block of Avenida Juarez. He was arrested on a misdemeanor alcohol related warrant. 1905 hours — Corporal Dale and Deputy Rowley responded to a domestic violence call in the 47700 block of Adams St. Lisa Deluca and Jerry Deluca were both arrested for mutual domestic assault. They were transported to the Indio Jail and booked. 2306 hours - Deputy Stillings responded to 911 call in the 52800 block of Avenida Martinez. Deputy Stillings arrived and found, Michael Rejnaiek naked in the middle of the street. Rejnaiek was arrested for indecent exposure and violation of a restraining order. He was booked at the Indio jail. 05/12 Monday (65) 0100 hours — Deputy Berry responded to a domestic violence call in the 50600 block of Eisenhower Drive. Alejandro Fuentes -Nunn was arrested for domestic violence. 05/13 Tuesdav (86) ® 0130 hours- Deputy Telles conducted a vehicle check at the La Quinta Community Park and arrested Refugio Copado Ramirez for public intoxication. He was booked at the Indio jail. 0853 hours- Suspicious package located in the 78000 block of Calle Estado. Area evacuated and perimeter secured. Bomb Squad responded and destroyed the package. 1503 hours -Warrant arrest (theft of utilities) in the 57-900 block of Avenida Alvarez. Arrested was Dennis Burkett. Booked at Indio Jail. Arrest by Deputy Knight. 2335 hours — Deputy Russell conducted a follow-up to a past domestic battery in the 79-700 block of Independence Way. Arrested was Herman Jacob Heintz. Heintz was transported to the Indio Jail and booked for domestic battery. 05/14 Wednesdav (81 0001 hours — La Quinta SET conducted an occupied vehicle check on a stranded motor home on Ave. 48 west of Jefferson St. During the investigation David Sinohuiz was arrested for parole violation and a felony spousal abuse warrant. Ysela Sinohuiz was arrested for delaying a peace officer after she attempted to keep deputies from locating David in the motor home. Chris Balderama was arrested for a traffic warrant. Search of the motor home lead to the seizure of property belonging to Wal-Mart - Palm Desert. All were booked into the Indio jail for the above listed charges with additional charges of possession of stolen property. 1745 hours — Deputy Bawdon responded to the 52000 block of Avenida Rubio and met with the Adriana Diaz who reported her boyfriend, Armando Gonzalez, had hit her. Deputy Bawdon arrested Gonzalez for spousal abuse. He was booked at the Indio jail. rl 393 1945 hours — La Quinta SET served a property related search warrant and arrest warrant in the 27800 block ® of Cactus Ave., Moreno Valley. Tamala Sha Jones was arrested for commercial burglary and booked into Robert Presley Detention Center. Evidence was seized related to suspected identity theft. 05/15 Thursday (93) 1320 hours — Cpl. Hughes responded to the 51700 block of Avenida Carranza regarding an attempt warrant service. Cory Osterhut was arrested and booked on a felony warrant for possession of marijuana for sale. 1947 hours_ La Quinta SET Deputy Alexander arrested Mark Navarro in the 81600block of Fred Waring Dr. for two misdemeanor warrants, traffic / resisting arrest. Navarro was booked into the Indio jail. 05/16 Friday (75) 1800 hours- La Quinta SET Deputy Glasper was conducting a follow up at La Quinta Wal-Mart when he was advised of a suspect attempting to cash a government check not belonging to him. Deputy Glasper arrested the suspect, Daniel Aviles, for passing a fictitious check, possession of stolen property, commercial burglary, possession of stolen property, and committing felony while out on bail. Aviles was booked into the Indio jail. 2340 hours — Possession of a controlled substance, drug paraphernalia and resisting arrest in the 58000 block of Monroe St. Deputies Myers and Nakabayashi contacted and arrested Jose Francisco Pinela after a foot pursuit and physical altercation. Jose was taken to JFK for an okay to book for an abrasion he suffered in the scuffle. He was later taken to the Indio Jail for the violations. 05/17 Saturday (67) ® 1405 hours — Deputy Lopez and Corporal Perez contacted a fifteen -year -old suspect from a disturbance call that had been received earlier. The juvenile was suspected of destroying the phone line during a disturbance. The juvenile had called to turn himself in to deputies. He was taken into custody and booked at juvenile hall. 2032 hours — Violation of a restraining order in the 52500 block of Avenida Bermudas. Deputy Abrego contacted Susan Suynhtran in front of her residence. She told Deputy Abrego that she was afraid to go inside her home because she felt that her son, Lincoln Huynh, was inside. She has had problems in the past with him and she currently has a restraining order against him. Deputy Abrego entered the home and found Huynh hiding in the closet. Huynh was arrested and taken to the Indio Jail. 05/18 Sunday (62) 0240 hours — DUI traffic stop at Washington St. and SR 111. Deputy Fiebig contacted and arrested Michael Freeman who had failed the Field Sobriety Tests. Freeman elected to take the blood test after he was arrested. A Field Nurse took the blood sample from Michael and he was booked into the Indio Jail. 1925 hours — Deputy Abrego contacted Raquel Rocha in the 52300 block of Avenida Mendoza. Rocha was highly intoxicated and arrested for public intoxication. 1928 hours —Deputy Berry responded to a theft call in the 53300 block of Avenida Rubio. A female victim told Deputy Berry she had hired two contractors to remodel her residence. She now suspects they have taken approximately $1200 worth of her property. The victim also said she had heard the contactors were going to come to her residence and conduct a home invasion and rape her. Deputy Berry advised her to have her locks changed and leave the residence for the night. Later, the victim stated that previously one of the contractors had sexually assaulted her. The claim is under investigation. 11 2210 hours — Deputy Abrego responded to a report of a robbery in the 79200 block of Hwy. 111. Two ® males ran up to a female victim and grabbed her purse and dragged her about six feet before she surrendered the purse. The victim did not require medical attention. 05/19 Monday (70) 1650 hours — La Quinta SET deputies responded to Rocky's Pawn Shop, 45330 Fargo St., Indio, to a report of suspects attempting to pawn a stolen ring. Deputies detained Juan Carlos Ramirez, Alejandro Gamboa, and Raquel Romero for commercial burglary, and possession of stolen property. Further investigation by both La Quinta SET and Southern Coachella Valley Community District Team deputies led to the seizure of stolen property from residential burglaries in La Quinta, Thermal, and Indio. The investigation into the residential burglaries is continuing. 05/20 Tuesday (82) No Significant Activity 05/21 Wednesday (91) 2311 hours — Deputy Russell responded to a traffic collision at Park and Calle Tampico. Julian Valencia struck the curb at the location. Valencia was found to be driving under the influence of alcohol and was transported to the Indio Jail and booked for DUI. 05/22 Thursday (86) 1800 hours — Burglary in the 78900 block of SR I I I (Kohl's). Deputies Rowley and Vanderhoof contacted store security who had two female juveniles detained for the theft of clothing items. Their ® parents were notified and they were released to them. The stolen clothing was recovered. 2158 hours — Robbery in the 79200 block of SRI11 (Wal-Mart). Deputies Rowley and Vanderhoof contacted the victim, Rocio Alacantara Vidal. Vidal was walking to her vehicle when was approached by a male juvenile. The juvenile grabbed her purse and pushed her up against the truck but Vidal would not let go. The juvenile got into the passenger side of a vehicle and fled the scene 05/23 Friday (70) 1958 hours —Felony Hit & Run and DUI at Westward Ho and Jefferson St. Jose Jimenez was driving on Westward Ho when he struck a stopped vehicle at Jefferson St. He fled in his vehicle and was captured by an off -duty PSPD police officer at Jefferson and SR 111. Jimenez was booked into the Indio Jail. 2230 hours —Battery at Adams Park on Westward Ho and Adams St. Sabrina Rindels got into an argument with Jessica Gatin and challenged Gatin to fight. Rindels later drove to EMC for treatment of injuries and did not want the incident reported. Deputy Abrego received a call from the EMC medical staff and he handled the investigation. 05/24 Saturday (67) 0200 hours — DUI at Washington St. and Highland Palms Dr. Deputy Stillings arrested David Sikorski for driving under the influence of an alcoholic beverage. Sikorski was transported to the Indio Jail. 0300 hours — Possession of a controlled substance at Costco. Deputy Fiebig contacted security personnel who had Robert Sanchez detained for rummaging through the trash. Sanchez was in possession of about three feet of copper wiring, 6.2 grams of marijuana and a glass pipe with suspected meth in the bowl. He was taken to the Indio Jail for the violations. 0857 hours — Deputies Knudson and McAnallen responded to a domestic violence call in the 52600 block ® of Avenida Martinez. Sam Williamson was arrested for domestic battery and false imprisonment. He was booked at the Indio jail. 1040 hours — Deputy Heredia responded to the 51100 block of Avenida Ramirez regarding a warrant service attempt. Jason Clark was arrested and booked for one felony burglary warrant. 1454 hours — Deputies Miller and Smith responded to Wal-Mart at 79295 Hwy I I I regarding three shoplifters in custody. Two twelve -year -old girls and one fourteen -year -old girl entered the store and exited without paying for over one hundred dollars worth of cosmetics. All three will be charged with burglary and conspiracy. The juveniles were released to the custody of their parents. 1518 hours — Deputy Heredia responded to the 78100 block of Calle Tampico regarding a domestic dispute. James Alfred Major struck his girlfriend and was arrested and booked for domestic violence. 1700 hours — Deputies Hughes and Martinez responded to Target in reference to a burglary. Deputies made contact with the subjects in the parking lot and located the stolen property inside the suspect vehicle. Also located inside the vehicle was other property stolen out of Target in Palm Desert, earlier in the day. Arrested were Jill Castillo and James Jeffcoat for burglary, conspiracy to commit burglary, possession of stolen property and child endangerment. They were transported and booked into the Indio Jail. Two juveniles, who were also present during the theft, were released to a family member at the request of CPS. 05/25 Sunday (69) 0939 hours- Dep. Illem investigated a disturbance on the Trilogy Golf Course that resulted in an assault. Bruce Conkley and Gary Brown had an argument over Conkley allowing his dog on the golf course. Coakley assaulted Brown who was transported to JFK for head injuries. Conkley was arrested for assault ® and transported to the Indio Jail. 1745 hours — Deputy Illera responded to an unattended death in the 50600 block of Eisenhower. A fifty- three year old male had been found deceased on the floor of his residence. The individual had an extensive medical record that included heart problems, diabetes and high blood pressure. No signs of trauma were found. 05/26 Monday (56) 1730 hours - The La Quinta Set Deputy Celaya responded to Target regarding a theft that had just occurred. Deputy Celaya located the suspect, Manuel Guillermo Hidalgo, at Highway 111 and Adams. Deputy Celaya recovered the stolen property that had been taken from Target. Hidalgo was arrested and booked for commercial burglary, possession of stolen property and possession of a methamphetamine pipe. 05/27 Tuesday (84) 0200 hours — Deputy Taylor conducted a vehicle stop at Eisenhower and Calle Nogales. Jose Sanchez was arrested for a felony domestic violence warrant. 0800 hours- Deputy Heredia arrested Ferderico Verdugo for an outstanding felony warrant for the possession of stolen property. 2000 hours — La Quinta SET Deputy Glasper conducted a vehicle stop on Hwy I I I w/of Jefferson St. He learned the vehicle was an unreported stolen vehicle out of Palm Desert. Deputy Glasper arrested Andres Saenz and Sofia Espinoza for possession of stolen property. Further investigation recovered property stolen from a vehicle burglary out of Palm Desert inside the stolen vehicle. Both subjects were booked into the Indio jail. ® 1812 hours -Deputy Berry was dispatched to the 52500 block of Avenida Bermudas regarding a violation of a restraining order. Lincoln Huynh was arrested and booked at the Indio jail. UJO 2135 hours-Cpl. Dale and Deputy Rowley were dispatched to the 52800 block of Avenida Vallejo ® regarding a report of a domestic disturbance. After interviewing the victim, Jason Prehm, was arrested and booked at the Indio jail. 05/28 Wednesday (85) 1124 hours — Deputy Knight responded to Stater Bros at Highway I I I and Washington Street regarding a panhandler. Allyn Brinkley was found to be unable to care for himself due to being extremely intoxicated. Brinkley was arrested and booked. 1541 hours —Business District Deputy Burgie responded to Home Depot in reference to a shoplifter detained at the location. Robert Lopez had a prior conviction of burglary and was booked into jail for theft with priors. 05/29 Thursday (70) 0154 Hours - Cpl. Dale and Deputy Rowley conducted a traffic stop at Washington St. near Lake La Quints Dr. During the stop, one of the passengers exhibited signs of being under the influence of a controlled substance. Michael Herrmann was transported to the Indio Station for further evaluation then booked at the Indio Jail. 1529 hours — Deputy Lopez and Cpl. Perez responded to the Kohl's Department store regarding a theft. Randolph C. Montoya was arrested and booked for commercial burglary. 1730 hours- La Quints SET conducted parole compliance checks and felony warrant services in the city of La Quinta that resulted in the following arrests. Brian Hutchinson was arrested in the 78500 block of Sagebrush for a felony grand theft warrant. Rudy Hernandez was contacted during a pedestrian check at Eisenhower Dr. and Calle Hildago for a Parolee at Large warrant. Hutchinson and Hernandez were booked ® into the Indio jail. 05/30 Friday (81) 0720 hours — Deputy Trueblood responded to the 78200 block of Orion Way regarding an animal cruelty incident. A woman called to say an unknown person shot and killed her cat sometime during the night. 1000 hours- Deputy Burgie conducted a pedestrian check in front of the Stater Bros Market. He contacted Nina Ray who had a felony warrant for child abuse. She was arrested and booked for the warrant at Indio Jail. 1100 hours- Deputy Burgie conducted a pedestrian check in front of the Stater Bros Market. He contacted Dennis Betts who was found panhandling in front of the market. He was cited and told to stay off the property. 1230 hours — Deputy Trueblood responded to the 79200 block if Desert Stream regarding an animal cruelty call. A male advised his daughter found their cat deceased in their yard. 1415 hours — FU investigations completed by Deputies Lun and McAnallen in the 51000 block of Ave. Velasco regarding a past burglary. Joaquin Arriaga and a male juvenile were interviewed regarding the burglary. Both were taken into custody for burglary and conspiracy. Arriaga was booked into the Indio jail and the juvenile was booked into juvenile hall. 1535 hours- Business District Deputy Burgie arrested Mario Garcia for commercial burglary and a parolee at large warrant at Home Depot. Garcia was booked into the Indio Jail. 1830 hours- Domestic Violence and violation of probation arrest at La Fonda and Guatemala. Arrested for isassault was Carlos Meza. Booked at Indio Jail. Arrest by Cpl. Garth Dale and Deputy Rowley. 397 ® 05/31 Saturday (72) 0309 hours - Deputy Lopez responded to an unknown disturbance in the 52700 block of Avenida Diaz. Julian Andres Moreno was arrested for public intoxication and booked at the Indio jail. 0423 hours - Deputy Feldman responded to the Beer Hunter Restaurant regarding a report of domestic violence. Jared Leitch was arrested for domestic battery and booked at the Indio jail. 0843 hours — Forensic Tech Devinny was involved in a traffic collision at Calle Sinaloa and Eisenhower. A southbound vehicle failed to stop at the posted stop sign, colliding with FT Devinny's vehicle. Major damage to both vehicles but non -injury. 1418 hours- Cpl. Perez and Deputy Lopez responded to the 51400 block of Calle Jacumba regarding an assault. Gerrit Dystkra was approached by two male adults. One of whom demanded to be let in the house and made threats to harm him. Dystkra attempted to move toward the back of his residence when he was assaulted. Both males fled on foot. Dystkra was able to positively ID both subjects and Deputy Lopez will file for an arrest warrant against the subjects. Total Calls for Service: 2,347 E �A C Deputy Kevin Moore La Quinta MS Franklin E.S.. Truman ES Adams ES CITY OF LA QUINTA School Resource Officer Report May 2008 Summary of Activity Type of Activity Number of Incidents Reports 10 Arrests 1 Bike Patrol Miles 18 Business Checks 2 Truant 0 Vehicle Checks 7 Follow-up 5 Pedestrian Checks 1 Y.A.T. Referral 5 District Attorney Filings 2 Home Visits 1 Citations 2 On two separate occasions I transported a student to mental health for their well-being. Arrested a nine year old student who admitted to bringing a knife to his bus stop and making a terrorist threat against two fellow students. Assisted school staff with three incidents involving upset and irate parents. Investigated a report of a fifth grade student who threatened to shoot another student with an "Air Soft' pistol at school. A report has been forwarded to juvenile probation. Responded to a report that an unknown male had followed a female adult and her grand- children home from school. A search of the area failed to located the subject. Provided a training class for D.S.U.S.D. bus drivers dealing with the role of law enforcement in relationship to school bus and traffic related issues. Responded to a report of a missing fifth grade student. The student was located at the La Quinta Library and I transported him back to school where he was released to his mother. • C Deputy Eric Speir La Quinta High School CITY OF LA QUINTA School Resource Officer Report May 2008 Summary of Activitv Type of Activi Number of Incidents Criminal Reports 4 Non -Criminal Incidents 2 Arrests 0 District Attorney Filings 6 Y.A.T. Referral 6 Vehicle Checks 0 Pedestrian Checks 2 Follow -Up 1 Truancy 2 1. Two school employees received e-mail which met the standard for threatening or annoying electronic communications. Investigation is continuing in an effort to identify those who sent the e-mail. 2. Five students were identified and located who had been involved in the vandalism of a classmate's vehicle with graffiti. All five were referred to the Youth Accountability Team for further follow-up. 3. One student was found to be in possession of marijuana on campus. The amount located was less than one ounce. 4. Two students were issued citations for being truant from school. 5. Graduation security and traffic planning has been ongoing in anticipation of the June �tJt� C Deputy Thomas Hendry Summit H.S. Paige M.S. Horizon O.S. CITY OF LA QUINTA School Resource Officer Report May 2008 Summairy of Activity Type of Activi Number of Incidents Reports 3 Arrests 2 Traffic Stops 1 Business Checks 1 Truant 0 Vehicle Checks 3 Pedestrian Checks 3 VAT Referral 0 A Summit High School student told a teacher he had a loaded gun in his possession. I made contact with the student and he told me he had made the comment as a joke. I searched the student and did not find a weapon. I transported the student to his residence where his parents gave consent to search the residence. No firearms were located. An anonymous caller reported that a male subject was in possession of a firearm and was planning on shooting a student at Col. Mitchell Paige Middle School. La Quinta Police Department deputies established a perimeter at the school to assure the safety of all students. It was learned that both parties were not students at the school or a school in the D.S.U.S.D. Palm Desert deputies searched the residence of the alleged aggressor and no firearms were located. Both juveniles were given trespass notices and informed that they would be arrested if they are found on any D.S.U.S.D. campus. While at Summit High School I heard a broadcast report of burglary in progress at a nearby location. I responded to the burglary call and, based on information broadcast, located the suspect vehicle. A Palm Desert deputy and I conducted a high risk vehicle stop and took two suspects into custody. One suspect had just been discharged from state parole. All stolen property was recovered and returned to the owner. • E CITY OF LA QUINTA Business District Deputy Report May 2008 Deputy Prezel Mummary ACEIVIry Type of Activity Number Business Management Contacts 20 Investigations 10 Suspects Arrested / Charged 4 SIGNIFICANT ACTIVITY Provided businesses in La Quinta with the latest crime trends occurring along the Hwy 111 corridor and information on how to protect their customers and businesses. Responded to a business in La Quinta reference a theft in progress. I arrived at the location and arrested the suspect who attempted to flee the location on foot. The suspect was booked into jail. Responded to a business in La Quinta reference a theft in progress. I arrived at the location and arrested the suspect for commercial burglary, and a felony warrant. In conjunction with the La Quinta Special Enforcement Team, we served several felony warrants ® in the residential areas of La Quinta and conducted several investigative traffic stops and pedestrian checks. 4u2 Deputy Adonis Glasper Deputy Tim White Deputy Ismael Celaya CITY OF LA QUINTA Special Enforcement Team May 2008 SET TEAM Supervising Sgt. Mark Hoyt Summary of Activitv Sgt. Mark Hoyt Deputy David Alexander Deputy Shaun Hughes Type of Activi # of Incidents Type of Activity# of Incidents Programs 2 IWeapons Recovered 0 Vehicle Checks/Stops 69 Arrest Warrants Served 17 Pedestrian Checks 47 Search Warrants 5 Follow-ups 34 Parole Searches 16 Citations Issued 12 Arrests/Filings 26 CITY OF LA QUINTA Traffic Services Team Report May 2008 Dep. Gaunt Dep. Hefley Dep. Covington Dep. Lushia Cpl. Adams Sgt. Walton SIGNIFICANT ACTIVITY Different from previous years, the Traffic Services Team has provided the collision and citation reports for the month of April that have been generated with the recently developed Crossroads Collision Database program. The Monthly Citation Lop provides a comparison over the previous month for citations issued. The report shows 257 citations during May 2008. This represents a 17.4% increase over the month of April of 2008. However, there have been 1,285 citations issued year-to-date. This represents an 18.4% increase over the same period of time in 2007. The Monthly Traffic Collision Report provides a comparison over the previous year for collisions occurring within the city of La Quinta. (Private property collisions are not tracked for analysis.) The report shows 38 collisions were reported during the month of May. Currently, the residents of La Quinta are enjoying a .51 % collision rate reduction this year-to-date, when compared with same period in 2007. ® A hypothesis can be drawn from the current citation and collision trends within the city of La Quinta. Simply stated, citation issuance continues to increase during the year. As a result, the collision rate with the City has been on a steady decline since January 2007. This decline is being tracked from the year 2000. 4 U City of La Quinta La Quinta Police Department LL Monthly Citation Activity Log May, 2008 Category This Month Last Month % Change This Year To Date Last Year To Date % Change Excessive Speed Citations 3 41 -92.7% 270 305 -11.5% Excessive Speed Violations 3 41 -92.7% 270 305 -11.5% Signs and Signals Citations 35 72 -51.4% 301 308 -2.3% Signs and Signals Violations 35 72 51.4°% 302 309 -2.3% Unsafe Turning Citations 5 7 -28.6% 28 65 -56.9% Unsafe Turning Violations 5 7 -28.6% 28 65 -56.9% Failure to Yield Citations 2 3 -33.3% 11 7 57.1% Failure to Yield Violations 2 3 -33.3% 11 7 57.1% Child Restraint Citations 2 5 -60.0% 17 25 -32.0% Child Restraint Violations 2 5 -60.0% 18 29 -37.9°% Safety Bah Citations 77 18 327.8°% 162 110 47.3% Safety Belt Violations 77 18 327.8% 162 110 47.3°% DUI Cites 4 9 55.6% 48 0 0.0% DUI Arrests 6 10 -40.0% 52 1 6100.0% Actual DUI 6 10 -40.0% 58 1 5700.0% Other Hazardous Citations 11 13 -15.4°% 85 42 102.4% Other Hazardous Violations 121 87 39.1 % 480 300 60.0% Non -Hazardous Citations 106 31 241.9°% 280 154 81.8% Non -Hazardous Violations 194 96 102.1% 728 468 55.6% Total Hazardous Citations 151 188 -19.7% 1005 931 7.9% Total Hazardous Violations 166 210 -21.0°% 1091 986 10.6°% Pedestrian Citations 0 0 0.0% 0 6 -100.0% Pedestrian Violations 0 0 0.0% 0 6 -100.0% Bicycle Citations 0 0 0.0% 0 5 -100.0% Bicycle Violations 0 0 0.0% 0 5 -100.0% Financial Responsibility 63 36 76.0% 267 171 56.1% Radar Cites 2 34 -94.1 % 241 271 -11.1 °% Parking Cites 1 0 0.0°% 3 2 50.0°% Total Hazardous Double Stat 230 211 9.0°% 1184 1066 11.1 % Total Citations 257 219 17.4% 1285 1085 18.4% TotalYolations 360 306 17.6% 1819 1454 25.1% 4 U- 5 ® May 2008 Total T/C - Public Highway Fatal Collisions Number Killed Injury Collisions Number Injured Property Damage Type of collision Hit & Run Private Property Bicycle Collisions Number Injured - Bicycle Collisions Vehicle vs. Pedestrian Alcohol involved Reports Taken By ® Patrol Traffic SRO DUTY UNKNOWN Target Team TOTAL REPORTS Counter Reports DUI Arrests Investloadons Asakined Hit and Run Primary Collision Factors Unsafe Speed Other Improper Driving Improper Turning Unsafe Starting or Backing Driving Under Influence Unsafe Lane Change Traffic Signals and Signs ' Auto RIW Violation ® Followirw Too Closely City of La Quinta La Quinta Police Department Monthly Traffic Collisions Report Current Month New YTD Last YTD % Change 30 169 186 -9.14% 0 1 0 0 1 0 7 39 38 2.63% 10 52 60 -13.33% 23 129 148 -12.84% 5 22 23 -4.35% 8 28 12 133.33% 0 4 2 100.00% 0 3 1 200.00% 0 0 0 3 15 14 7.14% 32 161 120 34.17% 6 25 43 -41.86% 0 0 0 1 3 -66.67% 0 4 21 -80.95% 0 0 11 100.00% 38 197 198 -0.51% Last YTD This YTD Closed Open Number Total 12 31.68% 7 18.42% 6 15.79% 3 7.89% 3 7.89% 2 5.26% 2 5.26% 2 5.26% 1 2.63% 4UO U CITY OF LA QUINTA Community Service Officer Report May 2008 C.S.O. Monica Santillanes C.S.O. Tina Ayon C.S.O. Bridget Delaney (Traffic Services Officer) Summary of Activity Type of Activity Number of Incidents Burglary Investigations 7 Grand Theft Reports 3 PettyTheft Reports 2 Vandalism/Malicious Mischief Reports 5 Traffic Collision Response 24 Vehicle Code or Parking Citations 24 Abandoned Vehicles Tagged/WarningTagged/Warning 7 Towed Vehicles 2 Lost or Found Property Reports 5 Stolen Vehicle Report 3 Custodial / Non -Custodial Transport 20 Miscellaneous Calls 27 4U� 0 0 CITY OF LA QUINTA ..,,mmunity Programs Coordinator Report May 2008 Thomas Fowler Community Service Officer II Summary of Activity Type of Activity Number Crime Prevention Articles and Reports 3 Community Programs 1 Community Meetings Attended 2 C.P.T.E.D.Inspections 0 Nei hborhood Watch Meetin s 2 Patrol Duties 20 Hours Significant Activity 1. Assisted Sgt. Martello and Volunteer Coordinator Danese Maldonado in conducting oral interviews for volunteer program applicants. 2. Attended a training class to familiarize myself with the upgrades and new features of the Riverside County Sheriffs Departments Data Warehouse. Data Warehouse is an invaluable data resource that is utilized by the La Quinta Police Department in compiling and analyzing crime statistics. ® 3. Working with Volunteer Coordinator Danese Maldonado to review and update the La Quinta Police Department Volunteer training program and related materials. 4 U a C CITY OF LA QUINTA Post 503 Explorer Report May Corporal Andy Gerrard Post 503 Explorers (L to R) Luz Martinez, Brian Araujo and Karla Flores with members of the Coachella Valley Latino Peace Officers Association. ie Coachella Valley Latino Peace Officers Association awarded Explorers Brian Araujo, Karla ores and Luz Martinez with $1,000.00 scholarships. Brian is planning on attending College of e Desert prior to transferring to University of California at Irvine or Long Beach. He will pursue degree in administration of justice. Karla will be majoring in criminal justice at the University of alifornia Long Beach. Luz is headed to Guiford College in North Carolina where she will major criminal justice. 503 Explorer, Alejandra Ornelas (also the Air Force ROTC Cadet Group Commander) was ded a certificate of commendation for her "Superior Cadet Group Commander Leadership ' by the Coachella Valley Latino Peace Officers Association. Post 503 Explorers and advisors assisted the Riverside County Sheriffs Department in conducting the "Finding Our Way Together" youth crime prevention camp hosted at the Forest Falls group campground. The three day / two night camp was designed to provide direction for youngsters, age 10-13, who find themselves in an at risk environment. The Forest Falls Camp provided a neutral and non -threatening setting in which to offer strategies and alternatives away from drugs, gangs anc truancy. Other areas of focus addressed the benefits of staying in school, goal setting, positive career choices, responsibility and teamwork. Post 503 participants displayed great leadership skills and acted as positive role models for other campers. information about the Explorer program, please contact Cpl. Andy Gerrard at 760-863-8990. 4A Department Report: LA UI TAP@,LICL Served by the Riverside Gourfry Sherffs Deparmtem Crime Statistics Summary April -- 2008 0 Prepared for E 4 : 0 F J PART I: 2 4 5 6 7 10 11 12 13 TRAFFIC CITY OF LA QUINTA Crime Comparison --Aril YTD CRIME April April 2008 YTD 2007 2008 2007 AGGRAVATED ASSAULTS 7 8 23 17 BURGLARY 39 60 186 193 BURGLARY -VEHICLE 12 22 89 66 DOMESTIC VIOLENCE 13 8 57 37 HOMICIDE 0 0 1 0 NARCOTICS VIOLATIONS 17 29 67 102 ROBBERY 2 2 13 10 ROBBERY - CAR JACKING 0 0 0 0 SEX CRIME FELONY 5 4 12 10 SEX CRIME MISDEMEANOR 2 0 4 9 SIMPLE ASSAULTS 12 6 33 31 THEFT 61 75 272 261 VEHICLE THEFT 7 13 42 52 TRAFFIC CITATIONS 285 325 1268 1259 T/C NON -INJURY 28 29 118 144 DUI 10 19 54 58 T/C INJURY 9 8 30 38 T/C FATAL 0 0 1 0 CITY OF LA QUINTA DISPATCH INFORMATION - APRIL 2008** TYPE OF CALL RESPONSE TIME MINUTES NUMBER OF INCIDENTS EMERGENCY 5.56 3 ROUTINE 10 1,339 ** Data from Riverside Co. Sheriffs Department Data Warehouse, Average Response Time Report. 411 Crime Distribution Table A r-08 % of Total A r-07 % of Total 1 AGGRAVATED ASSAULTS 7 3.95% 8 3.52% 2 BURGLARY 39 22.03% 60 26.43% 3 BURGLARY -VEHICLE 12 6.78% 22 9.69% 4 DOMESTIC VIOLENCE 13 7.34% 8 3.52% 5 HOMICIDE 0 0.00% 0 0.00% 6 NARCOTICS VIOLATIONS 17 9.60% 29 12.78% 7 ROBBERY 2 1.13% 2 0.88% 8 ROBBERY - CAR JACKING 0 0.00% 0 0.00% 9 SEX CRIME FELONY 5 2.82% 4 1.76% 10 SEX CRIME MISDEMEANOR 2 1.13% 0 0.00% 11 SIMPLE ASSAULTS 12 6.78% 6 2.64% 12 THEFT 61 34.46% 75 33.04% 13 VEHICLE THEFT 7 3.95% 13 5.73% Total 177 96.05% 227 96.48% CITY OF LA QUINTA Apri12008 Crime Distribution 70 61 60 50 -- - — - 39 40 30 -------------- -- 20 17 12 12 10 7 - ` 7 0 0 0 D 07 00 < O 'S < z A 'F w 3 D -� < rDnn OF mA 0K O K O> LOt W ;a C�nX �n� N m s >> =t- my j Yn �� O� Ox Cb �-9-] >3 v' _ o a om r 4i% s 11 Month to Month Crime Comparison - Aprd 80 70 60 61 60 -- - — -- --— -- --- 50 ❑ April 2008 39 I 3 Aprfl 2001 40 -- — ------ — — 29 30 22 20 17 1 12 IT 1 8 8 7 10 -- -O - --3--a-- — O 22---0 0 2 O--° 0 c-e G a Om m -j 300 250 200 150 100 50 0 Year to Date Crime Comparison -April a co m < o x < z a a y K a o o -"m —, �� x rM mX �nm w— m S as m'X C� - n Mn �'c ym yam' zm x o a o m � � m ��3 Month to Month Traffic Activty Comparison -ApnI 350 326 �p�nl 008 007 TRAFFIC T/C NOW DUI T/C INJURY T/C FATAL CITATIONS INJURY 300 250 200 150 r3=[:] 100 50 0 9 8 0 0 10 Year to Date Traffic Activity Com panson -A pni 1400 1268 1259 1200 1000 800 m Ym 2008 o YTD 2007 600 400 200 58 30 38 1 0 0 VAM"5_1 twm I TRAFFIC T/C NON -INJURY DUI T/C INJURY T/C FATAL CITATIONS 0 4i� • NE u Month to Month Calls for Service Comparison April 2008 0 08-Apr 07 07—Apr 3000 oo �000 o , TN9 NmGimM Gimvl 4 Yearto Date Calls for Service Comparison 12000 10000 9653 9186 8000 - h4195 6000 - _ YTD 2008 ® YTD 2007 3837 4000 T a. 2000 0 Total Non-Crinunal Criminal Yearto Date Calls for Service Comparison 12000 10000 9653 9186 8000 - h4195 6000 - _ YTD 2008 ® YTD 2007 3837 4000 T a. 2000 0 Total Non-Crinunal Criminal , yci -'�9w5 N OF TKF COUNCIL/RDA MEETING DATE: June 17, 2008 ITEM TITLE: Public Hearing to Consider Adoption of a Resolution of the City Council Certifying Environmental Impact Report 2005-560 and Adoption of a Resolution Approving Tentative Tract Map 33848, the Subdivision of 4.8± Acres into 12 Single -Family Lots and Other Parcels, Located 510± Feet West of Monroe Street, South of Avenue 58. Applicant: David Maman Designs RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 1 Adopt a Resolution of the City Council certifying Environmental Impact Report 2005-560; and Adopt a Resolution of the City Council approving Tentative Tract Map 33848 to subdivide 4.8± acres into 12 residential lots, subject to the Findings and Conditions of Approval. FISCAL IMPLICATIONS None. CHARTER CITY IMPLICATIONS None. BACKGROUND AND OVERVIEW: The project site consists of a linear, 4.8± acre rural residential property zoned Low Density Residential which is currently the site of an existing adobe home (Attachment 1). The applicant originally submitted the proposed project as a 17 lot, single-family residential tract in November, 2005. The existence of the adobe home was identified in the Cultural Resources Report prepared by Archaeological Associates, which was submitted in March of 2006. Due to the nature of the 4i� findings in the Cultural Resources Report, the City requested a peer review of the report, which was conducted by Architectural Resources Group in May of 2006. The home, which was remodeled in 1976, and according to the County Assessor's records experienced a fire of undetermined extent in 1997, was recently vandalized and is currently unoccupied. The applicant elected to submit a revised map and reduce the number of lots from 17 to 12 lots in June of 2007. The current code now requires a 20,000 square foot minimum lot size. Project Request The applicant is proposing to subdivide the 4.8± acre site into 12 single-family residential lots, ranging from 11,056 to 14,398 square feet in size (Attachment 2). In addition to the single-family lots, five miscellaneous lots would be created, three for landscaping, one for a retention basin, and one for the private street. The density of this proposed subdivision is 2.6 dwelling units per acre. The project is located on the south side of Avenue 58, directly across from Tract 30092, Piazza Serena. Project Layout The proposed project consists of 12 residential lots located along a single private cul-de-sac street. The private street has a slight bend to generally align the gated entry intersection with the entry to Piazza Serena directly across Avenue 58 to the north. The applicant has proposed placing decorative median planter islands within the center of the street. The single automated gated entry has been designed with a landscaped median island, a separate pedestrian gate, and decorative stamped concrete. The entry gate has a three car stacking capacity and a pre -entry turnaround. Avenue 58 is a secondary arterial with an 88 foot right of way and is designated as an Agrarian Image Corridor in the General Plan. Due to an existing irrigation pipeline and high voltage power line easement along the south side of Avenue 58, the applicants have provided a 42 foot landscaping setback, 22 feet more than the required 20 foot minimum setback. The setback includes a meandering multi- purpose trail. A landscaped retention basin serving the project will be located behind the perimeter wall and adjacent to the entry gate. This retention basin has a 500-year storm capacity with a drywell and maintenance ramp, and would overflow onto Avenue 58. Lot Relationships and Adjacent Homes The existing Low Density Residential (RL) zoning requires a minimum lot size of 7,200 square feet. The smallest lot proposed for this project is 11,056 square feet and the largest is 14,398 square feet, averaging 11,776 square feet. All proposed lots meet the Low Density Residential zoning (RL) development standards. Because the existing Agrarian Image Corridor standards limit Lot 1 to a single story 41 residence, this perimeter lot has been enlarged to accommodate a greater buildable area. With the exception of Piazza Serena located across Avenue 58 to the north, none of the adjacent residential properties have been developed. Eight lots and a retention basin from approved but undeveloped Tentative Tract Map 33717 are located adjacent and to the west of this project. Landscaping and Design The applicant has provided a preliminary landscaping plan that identifies a decorative entry gate, wall design, and perimeter landscaping (Attachment 3). This preliminary landscaping plan was submitted with the original 17 lot proposal, as identified in the upper right corner of the plans, and is only intended as a conceptual reference for the intended Avenue 58 perimeter landscaping. The design of the project's landscaping will be reviewed and approved by the Planning Commission under a separate Site Development Permit application at a later date. Existing Adobe Home Following the application submittal in November of 2005, a cultural resources report was submitted by Archaeological Associates and submitted to the City. It was identified in the Cultural Resources Report that the existing home on the project site was constructed sometime around 1928 (Attachment 4, Appendix Q. The construction of the house incorporated modern building methods, as identified by the concrete slab, but consisted of traditional building materials, including thick adobe walls, and was designed in a style more common among older homes. The report identified the property as being a part of an early subdivision intended to be used as winter vacation homes. The Cultural Resources Report found that the structure is historically significant because of two factors. First, the structure appears to be a rare and well-preserved traditional adobe and is therefore eligible for the California Register of Historic Resources under the criterion that "it embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values." Secondly, the report states that the structure and its setting are locally significant because they represent a surviving example of an early stage of residential development promotions. The Planning Department requested that a peer review of the Cultural Resources Report be conducted by an independent third party. Architectural Resources Group conducted the peer review which included a site visit. They confirmed the findings of the Cultural Resources Report and included the finding that the home met an additional criterion of significance, as being "associated with events or patterns of events that have made a significant contribution to the broad patterns of local or regional history, or the cultural heritage of California or the United States." No significant historical events or persons being associated with the home were identified in the Cultural Resources Report. Although the Cultural Resources Report states that preservation is always the 4i� preferred course of action, the report acknowledges that preservation may not be a feasible option. Archaeological Associates points out in the supplemental study that "if the West Adobe cannot be preserved, then a mitigation program designed to reduce the level of the resource's significance to a level of insignificance needs to be implemented (Attachment 4, Appendix E, p.24)." Because the structure has been altered multiple times in the past, is structurally unsound, is physically unable to be relocated due to the type of construction, and inhibits circulation and project alternative due to its position at the center of the proposed site, the report recommends utilizing the HABS/HAER program to provide a detailed architectural and photographic record prior to demolition. HABS/HAER is a federal level mitigation program of historic properties and is a professionally accepted and industry recognized mitigation measure that will provide a detailed permanent record of the structure. The HABS/HAER recordation process was recognized as a basis of justification in the Historic Preservation Committee's recommendation, as noted later in this report. Findings of the Draft Environmental Impact Report The Planning Department reviewed the proposed project and determined that the project may have a significant effect on an existing cultural resource and determined that an Environmental Impact Report would be prepared. The Draft Environmental Impact Report (DEIR) analyzed all of the potential impacts caused by the proposed project and determined that the project may have a significant effect on the environment (Attachment 4). Among those areas identified where potential significant impacts may occur included air quality during grading and construction, hazardous materials such as the potential for lead and asbestos associated with demolition, biological resources pertaining to potential burrowing owls and migratory birds, and geotechnical hazards due to the potential for liquefaction during an earthquake. The issue of greatest concern was the presence of an existing adobe home on the site. The report finds that the HABS/HAER recordation process is an established protocol that can be applied as an acceptable mitigation measure for the loss of the adobe home. As described in the DEIR, all potential impacts in all categories can be mitigated to a less than significant level. A Final EIR has been prepared and includes responses to all agency comments (Attachment 5). Recommendation of the Historic Preservation Commission The Historic Preservation Commission (HPC) reviewed the Cultural Resources Report during their June 15, 2006 meeting and, following considerable debate regarding the significance and viability of the structure, the Commissioners voted to continue the item until the completion of the Draft Environmental Impact Report. The item returned to the HPC during their April 17, 2008 meeting. At that meeting, Commissioners discussed the value of preserving the adobe home and whether or not architectural elements of the adobe home could be feasibly utilized in the construction of the new subdivision. The Commissioners questioned the applicant and project archaeologist of the possibility of incorporating stones from the fireplace or the lintels above the adobe home's windows into features such as the wall, entry gate, or architecture of the new homes. The archaeologist noted that some of those features may disintegrate during their extraction and that the features themselves were not historically significant. Also in their discussion, Commissioners noted the modified, vandalized, and deteriorated condition of the structure since the initial evaluation and report, and the report's recommendation to conduct the HABS/HAER documentation prior to demolition as acceptable mitigation measures. The Historic Preservation Commission adopted Minute Motion 2008-001 by a 3-2 vote, accepting the findings of the Phase 1 Cultural Resources survey with conditions. Planning Commission Action The Planning Commission reviewed the Draft Environmental Impact Report and proposed Tentative Tract Map 33848 at its May 27, 2008 meeting. The Planning Commission asked about a number of items including documenting the adobe home through the HABS/HAER process, storm water drainage and retention, and potential connectivity between the adjacent parcels. The Planning Commission discussed the potential to connect this project with the adjacent parcels by requiring dedication of either access easements or a dedicated lettered lot. The Commission was concerned with the prevalence of single, gated, private cul-de-sac streets along Avenue 58, subdivided out of the existing narrow parcels. The developer and project archaeologist answered questions of the Planning Commission at the public hearing but no one else spoke on this item. The minutes of the May 27, 2008 Planning Commission meeting are included with this staff report (Attachment 6). The Planning Commission adopted Resolutions 2008-016 and 2008-017 by a 5-0 vote, recommending to the Council approval of the Draft Environmental Impact Report and Tentative Tract Map 33848, subject to Conditions of Approval. The Conditions of Approval include a condition that either a lettered lot or easement be placed at the end of the cul-de-sac street to provide future shared pedestrian access with the undeveloped property to the south (COA #24). Public Notice The City Council hearing date was advertised in The Desert Sun newspaper on May 30, 2008. All property owners within 500 feet of the site were mailed a copy of the public hearing notice as required by the La Quinta Municipal Code. The official Notice of Completion of the Draft Environmental Impact Report was filed with the State Office of Planning and Research on April 4, 2008 and a public comment notice was posted in The Desert Sun on April 9, 2008. The Planning Commission public hearing notice, which also referenced the City Council hearing date on June 4-J 17, was published in The Desert Sun newspaper on May 9, 2008. As of this writing, no comments from the public have been received. Public Agency Review All written comments received are on file with the Planning Department. All applicable agency comments received have been made part of the Conditions of Approval for this case. FINDINGS AND ALTERNATIVES Findings necessary to approve the Environmental Impact Report and Tentative Tract Map can be made and are contained in the attached Resolutions. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council certifying Environmental Impact Report 2005-560; and Adopt a Resolution of the City Council approving Tentative Tract Map 33848 to subdivide 4.8± acres into 12 residential lots, subject to the Findings and Conditions of Approval; or 2. Do not adopt the Resolutions approving the project; or 3. Provide staff with alternative direction. Respectfully J6finson, Planning Director Approved for submission by: Thomas P. Genovese, City Manager 9 4�1 Attachments: 1. Vicinity Map and Site Photos 2. TT 33848 map exhibit 3. Preliminary perimeter landscaping, gate, and wall design exhibit 4. Draft Environmental Impact Report prepared for TT 33848 5. Final Environmental Impact Report Response to Comments 6. May 27, 2008 Minutes of the Planning Commission RESOLUTION 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA CERTIFYING THE FINDINGS OF A FINAL ENVIRONMENTAL IMPACT REPORT 2005-560 (STATE CLEARINGHOUSE #2007021060) PREPARED FOR TENTATIVE TRACT MAP 33848 AS BEING ADEQUATE AND COMPLETE; AND RECOGNIZING SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACTS WHICH CAN BE REASONABLY MITIGATED TO A LEVEL OF INSIGNIFICANCE IF THE PROPOSED PROJECT IS IMPLEMENTED CASE NO.: ENVIRONMENTAL IMPACT REPORT 2005-560 (SCH #2007021060) APPLICANT: DAVID MAMAN DESIGNS WHEREAS, the City Council of the City of La Quinta, California, did, on the 171h day of June, 2008 hold a duly noticed Public Hearing to consider a request by David Maman Designs for approval of Environmental Impact Report 2005-560, prepared for Tentative Tract Map 33848, located on the south side of Avenue 58 approximately 510 feet west of Monroe Street, more particularly described as: NE'/4 OF THE NE'/4 OF SECTION 27, T6S, R7E, SBM; APN: 764-180-003 WHEREAS, it was determined pursuant to California Environmental Quality Act of 1970 ("CEQA"),(Public Resources Code § 21000, et sec.); and the CEQA Guidelines (14 Cal. Code of Regs. Sections 15000 et seq.) that the Project could have a significant effect on the environment, and thus warranted the preparation of an Environmental Impact Report ("EIR"); and WHEREAS, on the 14'h day of February, 2007, the City of La Quinta, as lead agency under CEQA, prepared a Notice of Preparation ("NOP") of the Environmental Impact Report; mailed that NOP to public agencies, organizations, and persons likely to be interested in the potential impacts of the proposed Project; and WHEREAS, the City thereafter caused to be prepared a Draft Environmental Impact Report ("DEIR"), which, taking into account the comments it received on the NOP, described the Project and discussed the environmental impacts resulting therefrom, and on the 4'h day of April, 2008 circulated the DEIR for public and agency comments, pursuant to the requirements of the California Environmental Quality Act of 1970 (hereinafter "CEQA"), as amended (Public Resources Code '21000, et seq.); and 413 0 FILENAME \p P:\Reports - CC\2008\6-17-08\TT 33848 DEIR Maman\EA CC Reso TT 33848.docO Resolution 2008- Environmental Impact Report 2005-560 Tentative Tract 33848 June 17, 2008 WHEREAS, the public comment period for the DEIR closed on May 19, 2008; and, WHEREAS, the City has reviewed the comments received on the DEIR, has prepared full and complete responses thereto, and on June 6, 2008, distributed the responses in accordance with Public Resources Code Section 21092.5; and, WHEREAS, the Historic Preservation Commission, at their meeting held on the 15th, day of June, 2006, reviewed the paleontological resources survey for the project, identified as Appendix H within the DEIR, and adopted Minute Motion 2006- 008, recommending approval of the paleontological resources survey to the City Council, subject to staff -recommended conditions; and WHEREAS, the Historic Preservation Commission, at their meeting held on the 171h day of April, 2008, reviewed the DEIR and cultural resource survey, identified as Appendix C within the DEIR, and adopted Minute Motion 2008-011, recommending approval of the cultural resource survey to the City Council, subject to staff - recommended conditions; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 27t" day of May, 2008, hold a duly -noticed public hearing to consider the information presented in the Draft Environmental Impact Report, along with the request of the applicant for approval of Tentative Tract Map 33848 to allow the subdivision of a 4.8± acre parcel into 12 single family residential lots and other parcels, and did in fact recommend such approval to the City Council; and, WHEREAS, the City Council has reviewed and considered the information pertaining to the Environmental Impact Report at a duly -noticed public hearing held on June 17`h, 2008; and, WHEREAS, it is the policy of the State of California and the City of La Quinta, in accordance with the provisions of CEQA, that the City shall not approve a project unless there is no feasible way to lessen or avoid significant adverse environmental impacts, which means that all adverse environmental impacts have been avoided to the extent feasible or substantially lessened, based upon the City's findings and determinations consistent with CEQA; and, WHEREAS, prior to action on the Project, the City Council considered all potentially significant adverse environmental impacts, mitigation measures, and proposed project alternatives identified in the Final Environmental Impact Report, and Resolution 2008- Environmental Impact Report 2005-560 Tentative Tract 33848 June 17, 2008 has found that all potentially significant adverse environmental impacts which may be caused by the Project can be feasibly reduced to a level of insignificance with the implementation of the mitigation measures and that the City Council has determined that the proposed alternatives to the Project do not: 1) meet the City's and/or applicant's objectives for the Project Site; and/or 2) are not feasible; and/or 3) are not environmentally superior; and WHEREAS, the City Council of the City of La Quinta has read and considered all documentation comprising the Final Environmental Impact Report ("FEIR"), and has found that the FEIR considers all potentially significant adverse environmental impacts which may be caused by the proposed project, and determined it is complete and adequate, that it fully complies with all requirements of CEQA, and reflects the City Council's independent judgment; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify the adoption of said Draft Environmental Impact Report: SECTION 1. Certification. Based on its review and consideration of the FOR as presented, the City Council certifies the EIR for the Project and that the FEIR has been prepared in compliance with CEQA and the State and local CEQA Guidelines. The City Council adoption and certification of the FEIR reflects the City Council's independent judgment and analysis. The City Council further certifies that the FOR was presented to the City Council and that the City Council reviewed and considered the information contained in it prior to recommending approval of the Project. SECTION 2. CEQA Findings and Statement of Facts. Pursuant to CEQA Guidelines Section 15091, the City Council of the City of La Quinta, California has reviewed and adopts the following CEQA Findings and Statement of Facts: Finding A: Public Health, Safety, and Welfare The proposed application will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Impact Report 2005-560. Finding B: Wildlife, Habitat, and Natural Resources Development of the proposed project site has the potential to impact burrowing owls 4L'J Resolution 2008- Environmental Impact Report 2005-560 Tentative Tract 33848 June 17, 2008 and seasonal migratory birds. However, mitigation measures included in the project approval will reduce any potential impacts to less than significant levels. These required mitigation measures include a biological survey of the project site to be conducted prior to any groundbreaking activity in order to identify and mitigate any potential impacts on seasonal migratory birds and burrowing owls. Development of the proposed project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, or reduce the number or restrict the range of rare or endangered plants or animals, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Impact Report 2005-560. Finding C: Historic, Cultural, and Paleontological Resources Due to the potential to impact cultural and paleontological resources, the project has been conditioned to require qualified on -site archaeological and paleontological monitors during all ground breaking activities, one of which shall include a Native American tribal member, empowered to stop and redirect earth moving activities as necessary to identify, study, and catalogue any identified resource. As a result, these mitigation measures included in the project approval will reduce the potential impacts to less than significant levels. Although development of the project has the potential to significantly impact an example of the major periods of California history or prehistory, an identified historic resource consisting of an adobe house, the Environmental Impact Report has analyzed the history, composition, and condition of the adobe house and has determined that any impacts resulting from the loss of the historic resource can be mitigated through a detailed HABS/HEIR documentation and recordation process, thus reducing the potential significant impacts to less than significant levels. Finding D: Air Quality The proposed project will not have environmental effects that will adversely affect the human population, either directly or indirectly. The proposed project does not have the potential to adversely affect human beings, due to air quality and noise impacts. Finding E: Geotechnical Hazards As the Environmental Impact Report has identified the potential for liquefaction on the 4�U Resolution 2008- Environmental Impact Report 2005-560 Tentative Tract 33848 June 17, 2008 project site during an earthquake, the proposed project has the potential to experience a potentially significant impact. However, with the mitigation measures requiring all structures constructed on the site to comply with rigid mat or grade -beam reinforced foundations, any potential impacts from liquefaction will be reduced to less than significant levels. Finding F: Hazards and Toxic Materials The existing structure and surrounding property may contain lead -based paints, asbestos particles, or residual fertilizers or pesticides, which have been identified in the Environmental Impact Report as potentially significant impacts which require mitigation. As a result, the project has been conditioned to prepare a Phase I Environmental Assessment, thus reducing the potential significant impacts to less than significant levels. Finding G: Consistency with the General Plan The proposed project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as the proposed project supports the long term goals of the General Plan by providing a variety of housing opportunities for City residents. The project is consistent with the General Plan. Finding H: Cumulative Impacts The proposed project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project. No significant potential effects on environmental factors which cannot be adequately mitigated have been identified by Environmental Impact Report 2005-560. Finding I: Consideration of the Entire Record The City Council has read and considered the Environmental Impact Report, and finds that based upon the information which is currently available to it, the City Council has determined that the content complies with Article 9 of the CEQA Guidelines, Sections 15120 through 15131, and further finds that the Environmental Impact Report reflects the City's independent judgment. Based upon the information presented to the City Council, the City Council finds that with respect to content and processing, the Environmental Impact Report has been prepared in compliance with CEQA and the L� Resolution 2008- Environmental Impact Report 2005-560 Tentative Tract 33848 June 17, 2008 State and local CEQA Guidelines. The City Council further certifies that the Environmental Impact Report was presented to the City Council, and that the City Council reviewed and considered the information contained in it prior to making its final determinations regarding the Project. SECTION 4. Mitigation Monitoring Program Approval. Pursuant to Public Resources Code Section 21081.6, the Mitigation Monitoring and Reporting Program for the Project is hereby adopted as "Exhibit A." SECTION 5. Location and Custodian of Record of Proceedings. The custodian of the records and proceedings shall be the Planning Director, and such records and proceedings shall be on file in the Planning Department in the City of La Quinta, California. SECTION 6. Notice of Determination and Completion. The City Council requires that the Planning Department file a Notice of Determination with the County Clerk of the County of Riverside and with the State Office of Planning and Research within five working days of City Council approval. SECTION 7. Certification, Posting and Filing. This Resolution shall take effect immediately upon its adoption by the City Council of the City of La Quinta, California, and the City Clerk shall certify to the vote adopting this Resolution and shall cause a certified copy of this Resolution to be filed. The City Clerk shall post the Resolution in three conspicuous places in the City of La Quinta. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council for this case. 2. That the City Council of the City of La Quinta, California, does hereby certify Environmental Impact Report 2005-560 (SCH# 2007021060) for Tentative Tract Map 33848 as adequate and complete and in compliance with the requirements of CEQA for the reasons set forth in this Resolution. 3. That Environmental Impact Report 2005-560 (SCH# 2007021060) reflects the independent judgment of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta 4L� Resolution 2008- Environmental Impact Report 2005-560 Tentative Tract 33848 June 77, 2008 City Council held on this 171" day of June, 2008, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta California ATTEST: VERONICA 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 Exhibit A bq O 0-4 0 C O .iy w U O u vu d fi >, a, b c C O E a� v �r Q•Op R•°'-' ° c w _ w n> N � W .0 N F O u Vto L a _ } _ ° b R• 4 v % eU1 a ,c m y U o 0-0 r 6, .0 3. c V C V v: R i O p V .n_ p U ❑ �. O o m° E o ar y' CL rz '- R� U •�+�. h V L p� 0p ,c c m F E L ^ C o wd w 3 c �•� �d C N° OA •y T O r F R 5 W N Np > ��£Rc yx oq �^ cGo a o m v w o Eb u u� r �-+ y bq .� YG�•.. GR .r .v, F. 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E c °0 0 ( u�F _cR > Cac CA C 4m rn O _, ° ov cud ��'� ° �'' ° of a u ..' r v 3 ao o ? d wive E o al °v od m v c �.� V 7 d Eiv o 0 a�E��E= -��ER=$E3wb�N33 d3O��'3_p.F° oanv�.g=�.v,� d° Yv ° m 00 O O R N C U O E O G U C= ro C O S R c w.� min c.E z o F V U� y V .F C � � � •U .°+ N b0 F G y •N cC � E} � N V Ld U lw 'U uw �� OA CJ G r as u .0 C u fA p tt xNN"E; oego 0 C co 2 U •O '� d � CO W H wo p o y, 3 p > ar 71 T U 7 0 w � ct6i = ai F-n°i a CQ y N N O 0 U — � F.V b N F,Cb c K� ro 0 0 s o s N 3 i C � . e3�4.0� O y K U O Y L � '^ C .= T J 'C F• C A 0 7 F O u T G F F O Q s "ad• c � o ° s � uT'b uLOOcovi�'E�n,��•N.fl 00 '.�� 3 O U C b C O .Y � F"" C � N� b➢ b G _. N F. Z y a� � c � ro v � �'c •� �_ vdi � O K u a V rs O U O« �''�" dGt GFC?dwC Oa O O'�•0 Mtn s W° •O V a> F i0 O° N O c6 �U+ T V' +°- .G P W ✓ N U u a 5 vim. r s L E o v Z E a a• a °• E 4°�5 79 y ' N G •O � E vi 0. —n > E .. 7pp•• G N r � G 4 E W G .O ,Y (% > v O u `✓.._ '^• b G O Q N G w N. O•.O O N .+ t C O ❑.'J O "C t 'U u L bry O p O G L s p _n cn o ZR .> G .O OD -U• O N i..� �� O° y N �L„ O N E a) M O E E s Q R d vpd x> �O w ° N O f °- G G N GN to N L ES N _� " A •3 N y 4+ > V "' O w O .O _ ..E C[ U x U y @ 'O a) C Q p O t O L .O y y•�'' O w y ,� N V U }, O G T b 0 v V 'O E •p y N °' .i N N y .G L N E COO > R A O 3 N E G p U i Q 3 m Q 'Sa E 4 L .E O" F- o.'+G.• fl, c E E .v. 2 cOi O 7 y Ln N 'V ° v 0 CO fA p> s O N O N G O •O > O yy N 7 .0 N a 3 eGnC`Lnm p�v p � gi 3 E 0-0 0> Q o° °v ° o a y •°v o s N e w vFi o C O O U L„ �` ,O O ❑ y y v U >� p L y O O SaN. � `O Y N ,C � tGtl � •�.0 .� O ,L .O O W FT r G v 9 ❑ y F �d "� u 3 0 abi ��Gpc rn O ° N N G V w ol Fc iC `rri w u F �a �4 J J w 3 C N j C U a`c� Eb Z N 'C m � p •� G Q33-y3°L'o.�' RESOLUTION 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF THE SUBDIVISION OF A 4.8t ACRE PARCEL INTO 12 LOTS LOCATED ON THE SOUTH SIDE OF AVENUE 58, APPROXIMATELY 510 FEET WEST OF MONROE STREET CASE NO.: TENTATIVE TRACT MAP 33848 APPLICANT: DAVID MAMAN DESIGNS WHEREAS, the City Council of the City of La Quinta, California, did on the 17'day of June, 2008, hold a duly -noticed Public Hearing to consider a request made by David Maman Designs for the approval of a Tentative Tract Map to allow the subdivision of a 4.8 t acre parcel into 12 residential lots, located along the south side of Avenue 58, approximately 510 feet west of Monroe Street, more particularly described as: NE1/4 OF THE NEA OF SECTION 27, T6S, R7E, SBM APN: 764-180-003 WHEREAS, the Planning Department has prepared a Draft Environmental Impact Report (I"Draft EIR"], State Clearinghouse #2007021060) in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended. The Draft EIR was presented to the La Quinta Planning Commission, which reviewed and considered the information contained in the Draft EIR prior to its recommendations to the City Council on the project application; and, WHEREAS, the Planning Department did publish a public hearing notice in the Desert Sun newspaper, on the 30" day of May, 2008, as prescribed by the Municipal Code, with public hearing notices mailed to all property owners within 500 feet of the property in question; and, WHEREAS, the Historic Preservation Commission, at their meeting held on the 15th, day of June, 2006, reviewed the paleontological resources survey associated with the application, and adopted Minute Motion 2006-008, recommending approval of the paleontological resources survey to the City Council, subject to staff -recommended conditions; and WHEREAS, the Historic Preservation Commission, at their meeting held on the 17th, day of April, 2008, reviewed the Draft Environmental Impact Report and cultural resource survey associated with the application, and adopted i39 Resolution 2008- Tentative Tract Map 33848 David Maman Designs June 17, 2008 Minute Motion 2008-011, recommending approval of the cultural resource survey to the City Council, subject to staff -recommended conditions; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 27`" day of May, 2008, hold a duly -noticed Public Hearing to consider a recommendation to the City Council for the approval of Tentative Tract Map 33848 to allow the subdivision of a 4.8± acre parcel into 12 residential lots, located along the south side of Avenue 58, approximately 510 feet west of Monroe Street, and did in fact adopt Planning Commission Resolution 2008-017 by a 5-0 vote, recommending approval to the La Quinta City Council; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the City Council did make the following mandatory findings to justify approval of the Tentative Tract Map: 1. The proposed map or vesting map is consistent with the City's General Plan and any applicable specific plans. Tentative Tract Map 33848 is consistent with the La Quinta General Plan as proposed. The Tentative Tract Map is consistent with the Low Density Residential (LDR) land use designation as set forth in the General Plan. Tentative Tract Map 33848 subdivides the 4.8± acre site into 12 single family residential lots. The Low Density Residential designation permits single family residential developments of up to 4 units per acre. The project density is consistent with the La Quinta General Plan, in that the development density of 2.61 dwelling units per acre is comparable to existing surrounding residential development. There are no existing specific plans that are applicable to the project site. 2. The design or improvement of the proposed subdivision is consistent with the City's General Plan and any applicable specific plans. The design and improvement of Tentative Tract Map 33848 is consistent with the La Quinta General Plan, with the implementation of the conditions of approval to ensure proper street widths, perimeter walls, and multi- purpose trail design, as well as safe and adequate storm water drainage, street, intersection, entry, and other infrastructure improvements. There are no existing specific plans that are applicable to the project site. 4J9 Resolution 2008- Tentative Tract Map 33848 David Maman Designs June 17, 2008 3. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially injure fish or wildlife or their habitat. The design of Tentative Tract Map 33848 and proposed improvements are not likely to cause substantial environmental damage, nor substantially and avoidably injure fish or wildlife or their habitat. No significant biological resources have been identified to exist on the site. The Project site does not contain and is not proximate to any wetland, blue -line stream, marsh, vernal pool or other wildlife habit. The Project will not routinely use or transport any hazardous material(s), nor are there any hazardous materials identified to exist on the Project site. The Final EIR prepared for the Project, which includes Tentative Tract Map 33848, determined that there are no significant impacts to air or water quality, biological or cultural resources, geology and soils which can not be mitigated to less than significant levels, with incorporation of recommended mitigation measures into the Project, which has been required. 4. The design of the subdivision or type of improvements are not likely to cause serious public health problems. The design of Tentative Tract Map 33848 and type of improvements are not likely to cause serious public health problems, in that this issue was considered and addressed in the Final EIR prepared for the Project. The Project will not routinely use or transport any hazardous material(s), nor are there any hazardous materials identified to exist on the Project site. The Final EIR prepared for Tentative Tract Map 33848 determined that there are no significant impacts to air or water quality, geology soils, or other significant health or safety -related impacts which can not be mitigated to less than significant levels, with incorporation of recommended mitigation measures into the Project, which has been required. 5. The design of the subdivision or the proposed improvements are not likely to cause a substantial adverse impact on an existing cultural or paleontological resource. The proposed project will not cause a substantial adverse impact on an existing cultural resource, as identified in the Final EIR, in that the required mitigation measures will reduce the potential impacts to less than significant levels. Resolution 2008- Tentative Tract Map 33848 David Maman Designs June 17, 2008 6. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. The design and improvements required for Tentative Tract Map 33848 will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. There are existing easements for road, pipeline, and utilities that exist on the property. These easements will be relocated, retained or abandoned as appropriate in order to maintain public and utility access as determined to be necessary in context with the Project and surrounding existing development. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby grant approval of Tentative Tract Map 33848, as referenced in the title of this Resolution, for the reasons set forth in this Resolution, and subject to the Conditions of Approval as attached. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on this the 17" day of June, 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 441 Resolution 2008- Tentative Tract Map 33848 David Maman Designs June 17, 2008 ATTEST: VERONICA 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 442 RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33848 DAVID MAMAN DESIGNS JUNE 17, 2008 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. All mitigation measures included in the Environmental Impact Report, Environmental Assessment 2005-560, are hereby included in this approval. 4. This Tentative Tract Map shall expire on June 17, 2010, two years from the date of City Council approval, unless recorded or granted a time extension pursuant to the requirements of La Quinta Municipal Code 9.200.080 (Permit expiration and time extensions). 5. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) • Planning Department • Riverside Co. Environmental Health Department 444+3 ii Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs June 17, 2008 • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • South Coast Air Quality Management District Coachella Valley The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 6. A project -specific NPDES construction permit must be obtained by the applicant; who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI" ), prior to the issuance of a grading or site construction permit by the City. 7. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 at seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for P:\Reports - CC\2008\6-17-08\TT 33848 DEIR Maman\CC COA TT 33848.doc 2 Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs June 17, 2008 inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices (" BMPs") (LQMC Section 8.70.020 (Definitions)): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Managem nt. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control B Ps proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 8. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 9. Approval of this Tentative Tract Map shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. PROPERTY RIGHTS 10. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include P:\Reports - CC\2008\6-17-08\TT 33848 DEIR Maman\CC COA TT 33848.doc 3 Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs June 17, 2008 irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 11. The applicant shall offer for dedication on the Final Map all public street rights - of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 12. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Avenue 58 (Secondary Arterial with Class II Bike Lane, 96' ROW) — The standard 48 feet from the centerline of Avenue 58 for a total 96-foot ultimate developed right of way. 13. The applicant shall retain for private use on the Final Map all private street rights -of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 14. The private street rights -of -way to be retained for private use required for this development include: A. PRIVATE STREETS 11 Private Residential Streets shall be as proposed on the tentative tract map. As the applicant proposes Decorative Landscaped Raised Median Islands that the minimum 20-foot of travel way required by the Riverside County Fire Department, the applicant is conditioned to prohibit on -site street parking, provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering and Planning Departments and approved by the Planning Department prior to recordation. B. CUL DE SACS 1) The cul- de- sac shall conform to the shape shown on the tentative 44i P1Reports - CC\2008\6-17-08\TT 33848 DEIR Maman\CC COA TT 33848.doc 4 Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs June 17, 2008 map with a 38-foot curb radius at the bulb or larger as shown on the tentative map. 15. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 16. When the City Engineer determines that access rights to the proposed street rights -of -way shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such rights -of -way, the applicant shall grant the necessary rights -of -way within 60 days of a written request by the City. 17. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. 18. The applicant shall create perimeter landscaping setbacks along all public rights - of -way as follows: A. Avenue 58: 25-foot from the R/W-P/L (as shown on the approved tentative map) 19. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 20. Direct vehicular access to Avenue 58 from lots with frontage along Avenue 58 is restricted, except for those access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 21. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 22. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative 447 PAReports - CC\2008\6-17-08\TT 33848 DEIR Maman\CC COA TT 33848.doc 5 Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs June 17, 2008 Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. 23. The Applicant is hereby notified that future site modifications are required at the entry drive, Private Street Lot E, to ensure that the centerline of entry drive of the subject tract is coincident with the centerline of entry drive of Tract No. 30092 located on northerly frontage of Avenue 58 across from subject tract. 24. The applicant shall provide for potential future access from the south terminus of Lot E (street) across Lots 7 and 8 to the adjoining property to the south. The form of said access shall be determined by the Planning Director prior to the recordation of the Final Map and shall be either a separate lettered lot or an access easement for the benefit of each individual lot within the proposed subdivision and the adjoining property to the south. STREET AND TRAFFIC IMPROVEMENTS 25. The applicant shall comply with the provisions of LOMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development) for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 26. Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flowline shall be near vertical with a 1 /8" batter and a minimum height of 0.1'. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 27. The applicant shall construct the following street improvements to conform to the General Plan or as conditioned for this tentative tract map. A. OFF -SITE STREETS 1) Avenue 58: Secondary Arterial with Class II Bike Lane; 96' R/W: Widen the south side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width on the south side as specified in the General Plan and the requirements of these conditions. 443 P:\Reports - CC\2008\6-17-08\TT 33848 DEIR Maman\CC COA TT 33848.doe 6 Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs June 17, 2008 Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The south curb face shall be located thirty six feet (36') south of the centerline. Pursuant to this condition, the applicant shall coordinate the design off -site street improvements with Tentative Tract Map No. 33717 to the west and provide improvement plans independent of timing of those improvements to the west on Avenue 58. Other required improvements in the Avenue 58 right-of-way and/or adjacent landscape setback areas include: a. A 6-foot wide Class II Bike Lane shall be constructed along the tentative tract map boundary and as approved by the City Engineer. b. A 10-foot wide Multi -Purpose Trail. The applicant shall construct a multi -use trail per La Quinta Standard 260 along the Avenue 58 frontage within the landscaped setback. Multi -Purpose Trail boundaries shall be delineated by a 4- inch wide concrete border between the trail and adjacent landscaping. The location and design of the trail shall be approved by the City. The Multi -Purpose Trail shall be set back as far as practicable from the curb and may be installed out of the public right of way. A split rail fence shall be constructed along the roadway side of the multi- purpose trail in accordance with Section 9.140.060 (Item E, 3a) of the Zoning Ordinance. Bonding for the fence to be installed shall be posted prior to final map approval. At grade intersection crossings shall be of a medium and design and location as approved by the Engineering Department on the street improvement plan submittal. A maintenance easement dedication in favor of the City shall be offered for Multi -Purpose Trails. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions 7 4r PAReports - CC\2008\6-17-08\TT 33848 DEIR Maman\CC COA TT 33848.doc Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs June 17, 2008 in alignment, elevation or dimensions of streets and sidewalks). B. PRIVATE STREETS 1) Lot "E" - Private Residential Streets shall be as proposed on the tentative tract map. As the applicant proposes Decorative Landscaped Raised Median Islands that restrict the street to the minimum 20-foot of travel way required by the Riverside County Fire Department for emergency access, the applicant is conditioned to prohibit on -site street parking and provide adequate off-street parking for residents and visitors. The applicant shall establish provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering and Planning Departments and be approved by the Planning Department prior to recordation. The final design of the private street alignment and width shall be subject to future review and approval by the City Engineer. C. PRIVATE CUL DE SACS 1) Lot E terminus cul-de-sac shall be constructed according to the lay- out shown on the tentative map with 38-foot curb radius or greater at the bulb. 28. All gated entries shall provide for a three -car minimum stacking capacity for inbound traffic to be a minimum length of 62 feet from call box to the street; and shall provide for a full turn -around outlet for non -accepted vehicles. The median break opening shall be a minimum of 25 feet for said turn -around movements as approved by the City Engineer. 29. With the gated entry proposed, the applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around (minimum radius to be 25 feet) out onto the main street from the gated entry. Pursuant to said condition, there shall be a minimum of twenty five feet width provided at the turn -around opening provided. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents and one lane for visitors. The two travel PAReports - CC\2008\6-17-08\TT 33848 DEIR Maman\CC COA TT 33848.doe 8 45,3 Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs June 17, 2008 lanes shall be a minimum of 20 feet of total paved roadway surface or as approved by the Fire Department. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 30. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential Secondary Arterial 3.0" a.c./4.5" c.a.b. 4.0" a.c./6.0" c.a.b. Or the approved equivalents of alternate materials. 31. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 32. General access points and turning movements of traffic are limited to the following: Avenue 58: Full turn access with approved Stop Control. Additionally, the applicant shall be required to line the centerline of the access drive with Tract Map No. 30092 centerline on the north side of Avenue 58 to the best of his ability and as approved by the City Engineer. 33. Improvements shall include appurtenances such as traffic control signs, markings and other devices, street name signs and sidewalks. Mid -block street lighting is not required. P:\Reports - CC\2008\6-17-08\TT 33848 DUR Maman\CC COA TT 33848.doe 9 4 5 1 Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs June 17, 2008 34. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. FINAL MAPS 35. Prior to the City's approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map that were approved by the City's map checker on a storage media acceptable to the City Engineer. The Final Map shall be 1 " = 40' scale. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 36. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LOMC Section 13.24.040 (Improvement Plans). 37. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan 1 " = 40' Horizontal B. PM10 Plan 1" = 40' Horizontal C. SWPPP 1" = 40' Horizontal NOTE: A through C to be submitted concurrently. D. Off -Site Street Improvement/Storm Drain Plan* 4-) PAReports - CC\2008\8-17-08\TT 33848 DEIR Maman\CC COA TT 33848.doc 10 Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs June 17, 2008 1 " = 40' Horizontal, 1 " = 4' Vertical E. Off -Site Signing & Striping Plan 1 " = 40' Horizontal *Note: The applicant or his design professional may be required to submit interim as well as final off -site street Improvement plans based on Tentative Tract Map No. 33717 Final Map recordation and approved street improvement plans to match edge conditions constructed and/or proposed. The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. F. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical NOTE: D through F to be submitted concurrently. The following plans shall be submitted to the Building and Safety Department for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building and Safety Director in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. G. On -Site Residential Precise Grading Plan 1 " = 30' Horizontal All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. 47 PAReports - CC\2008\6-17-08\TT 33848 DEIR Maman\CC COA TT 33848.doc 11 Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs June 17, 2008 "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1- foot of cover, or sufficient cover to clear any adjacent obstructions. 38. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (www.la-quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 39. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 40. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As - Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the EOR. can make site visits in support of preparing As Built drawings. However, if subsequent approved revisions have been approved by the City Engineer and reflect said "As -Built" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 41. Prior to approval of any Final Map, the applicant shall construct all on and off - site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 42. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of LQMC Chapter 13.28 (Improvement Security). PAReports - CC\2008\6-17-08\TT 33848 DEIR Maman\CC COA TT 33848.doc 12 Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs June 17, 2008 43. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. 44. Depending on the timing of the development of this Tentative Tract Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these actions, as the City may require. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements by the issuance of the 3rd Building Permit. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 45. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. 41J R\Reports - CC\2008\6-17-08\TT 33848 DEIR Maman\CC COA TT 33848.doc 13 Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs June 17, 2008 At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1/2" x 11" reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 46. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 47. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 48. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 49. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls). 4J0 PAReports - CC\2008\6-17-08\TT 33848 DEIR Maman\CC COA TT 33848.doc 14 Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs June 17, 2008 All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 50. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land: All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 51. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches 0 8") behind the curb. 52. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform to pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 53. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Particularly, Tentative Tract Map No. 33717 to the west has been approved for grades that slope to the southerly end of the property that may require adjustment of grades or abutting retaining/perimeter wall improvements of this Tentative Tract Map No. 33848 P:\Reports - CC\2008\6-17-08\TT 33848 DEIR Maman\CC COA TT 33848.doc 15 Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs June 17, 2008 approval. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 54. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus five tenths of a foot (0.5') from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 55. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 56. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. 57. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 4�3 PAReports - CC\2008\6-17-08\TT 33848 DEIR Maman\CC COA TT 33848.doc 16 Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs June 17, 2008 58. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise and as approved by the City Engineer. 59. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 60. No fence or wall shall be constructed around any retention basin unless approved by the Planning Director and the City Engineer. 61. For on -site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin. 62. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7). 63. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 64. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 65. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 66. The applicant shall comply with the provisions of LQMC Section 13.24.110 459 PAReports - CC\2008\6-17-08\TT 33848 DEIR Maman\CC COA TT 33848.doc 17 Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs June 17, 2008 (Utilities). 67. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. The applicant shall provide aesthetic screening and/or painting of said structures as deemed necessary by the Planning Department. 68. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles or greater are exempt from the requirement to be placed underground. 69. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances. CONSTRUCTION 70. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. 71. Construction of all structures on the project site shall comply with rigid mat or grade -beam reinforced foundations, based on the final recommendations by the geotechnical engineer, and approved by the Building and Safety Department. 72. Final wall and gate design shall be reviewed and approved by the Planning Commission under a future Site Development Permit application. P:\Reports - CC\2008\6-17-08\TT 33848 DEIR Maman\CC COA TT 33848.doc 18 4�1� Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs June 17, 2008 73. A permit from the Planning Department is required for any temporary or permanent tract signs. Uplighted tract identification signs are allowed subject to the provisions of Chapter 9.160 of the Zoning Ordinance. 74. Any ground -mounted mechanical equipment shall be screened by a wall, landscaping with significant foliage, or combination of the two, of a sufficient height and/or density to fully screen such equipment above its horizontal plane. 75. Any building -mounted mechanical equipment shall be fully screened from view by an architectural feature, wall, or parapet of sufficient height to fully screen such equipment above its horizontal plane. LANDSCAPE AND IRRIGATION 76. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 77. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 78. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 79. The applicant shall submit the landscape plans for approval by the Planning Department and green sheet sign off by the Public Works Department. When plan checking has been completed by the Planning Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Director, however landscape plans for landscaped median on public streets shall be approved by the both the Planning Director and the City Engineer. Where City Engineer approval is not required, the applicant shall submit for a green sheet approval by the Public Works Department. Final landscape plans for on -site planting shall be reviewed by the ALRC and approved by the Planning Director. Said review and approval shall occur prior to issuance of first building permit unless the Planning Director determines extenuating circumstances exist which justify an alternative processing schedule. Final plans shall include all landscaping associated with this project. 4u1 PAReports - CC\2008\6-17-08\TT 33848 DEIR Maman\CC COA TT 33848.doc 19 Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs June 17, 2008 NOTE: Plans are not approved for construction until signed by both the Planning Director and/or the City Engineer. 80. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 81. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 5th Edition" or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. 82. Prior to issuance of any street improvement or landscaping plans, the developer shall submit to the Planning Department a detailed construction plan for the project's Multi -Purpose Trail, in accord with General Plan Standard No. 260 "Equestrian Trail Easement Adjacent to Public Street," constructed along the south side of Avenue 58 right-of-way within the 10-foot area designated for such use. This plan shall include access, signage, and detailed design. OUTDOOR LIGHTING 83. Exterior lighting shall comply with Section 9.60.160 (Outdoor Lighting) of the La Quinta Municipal Code. All outdoor lighting fixtures shall be fitted with a visor or shield to reflect lighting away from adjacent residences. Final outdoor lighting design shall be reviewed and approved by the Planning Director. CULTURAL AND ENVIRONMENTAL 84. The site shall be monitored during on- and off -site trenching and rough grading by qualified archaeological monitors, one of which shall be a Native American tribal member. The monitor shall be empowered to stop and redirect earth moving activities as necessary to identify and study any identified resource. The final report of monitoring activities shall be submitted to the Planning Department prior to the issuance of a Certificate of Occupancy for the first house on the project site. 85. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all P:\Reports - CC\2008\6-17-08\TT 33848 DEIR Maman\CC COA TT 33848.doc 20 402 Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs June 17, 2008 within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of Certificate of Occupancy for the property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. 86. No clearing, grading, grubbing, demolition of structures, or other site -disturbing activity shall occur until: A. A Historic American Building Survey (NABS) is completed for the property; and B. A Historic American Engineering Record (HAER) is completed for the property. These processes shall be completed according to HABS and HAER established protocols and specifications, and shall include: 11 A series of high quality technical photographs of both the interior and exterior of the building using 4" x 5" large format black and white photographs (at a minimum of each of the elevations), medium format 2" x 2" color photographs, digital, and 35 mm color photographs, all processed and archived to HABS specifications; and 2) The generation of pen and ink scale drawings of the elevations; and 3) The generation of a scaled pen and ink site plan; and 4) A more thorough written analysis of the building's architecture and construction. The studies shall be submitted to the Planning Department for review and approval. No site disturbance, including demolition or alteration of any structure, is to occur until the applicant has received written confirmation from the Planning Department that the HABS/HAER reports have been approved. The applicant shall be required to reimburse the City for any expenses required to engage professional specialist review of the HABS/HAER reports. P:\Reports - CC\2008\6-17-08\TT 33848 DEIR Maman\CC COA TT 33848.doc 4i-3 21 Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs June 17, 2008 87. On- and off -site monitoring of earth -moving and grading in areas identified as likely to contain paleontological resources shall be conducted by a qualified paleontological monitor. The monitor shall be equipped to salvage fossils as they are unearthed to avoid construction delays and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. The monitor shall be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Proof that a monitor has been retained shall be given to City prior to issuance of first earth - moving permit, or before any clearing of the site is begun. 88. Recovered paleontological specimens shall be prepared to the point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. 89. A report of findings with an appended itemized inventory of paleontological specimens shall be submitted to the City prior to the first occupancy of a residence being granted by the City. The report shall include pertinent discussions of the significance of all recovered resources where appropriate. The report and inventory, when submitted will signify completion of the program to mitigate impacts to paleontological resources. 90. Collected paleontological resources and related reports, etc. shall be given to the City for curation. Packaging of resources, reports, etc. shall comply with standards commonly used in the paleontological industry. 91. Within 30 daysof the initiation of any ground disturbing activity on the project site, the project proponent shall initiate a protocol -compliant burrowing owl survey, to be submitted and approved by the Planning Department. Should the species be identified on the site, the biologist's recommendations for relocation shall be implemented prior to the issuance of any ground disturbance permits. 92. Within 30 days of the initiation of any ground disturbing activity on the project site, the project proponent shall initiate a protocol -compliant pre -construction nesting bird survey, if construction is to start during the period from February 1 to August 31 of any year. The results of said survey shall be submitted and approved by the Planning Department prior to the issuance of any ground disturbance permits. P:\Reports - CC\2008\6-17-08\TT 33848 DEIR Maman\CC COA TT 33848.doe tr U4 22 Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs June 17, 2008 93. The applicant shall prepare and submit to the Planning Department a Phase I Environmental Assessment, including an analysis of any lead -based or asbestos containing materials, and fertilizer or pesticide residues, prior to the issuance of any demolition or ground disturbance permits. MAINTENANCE 94. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 95. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, trails, and sidewalks. FEES AND DEPOSITS 96. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 97. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 98. The developer shall pay school mitigation fees based on their requirements. Fees shall be paid prior to building permit issuance by the City. 99. Tentative Tract 33848 shall provide for parks through payment of an in -lieu fee, as specified in Chapter 13.48, LQMC. The in -lieu fee shall be based on the fair market value of the land within the subdivision. Land value information shall be provided to the Planning Director, via land sale information, a current fair market value of land appraisal, or other information on land value within the subdivision. The Planning Director may consider any subdivider -provided or other land value information source for use in calculation of the parkland fee. FIRE DEPARTMENT 100. For residential areas, approved standard fire hydrants, located at each 4U' PAReports - CC\2008\6-17-08\TT 33848 DEIR Maman\CC COA TT 33848.doc 23 Resolution 2008- Conditions of Approval - Recommended Tentative Tract Map 33848 David Maman Designs June 17, 2008 intersection and spaced 330 feet apart with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1000 GPM for a 2- hour duration at 20 PSI. 101. The water mains shall be designed to provide for a potential fire flow of 2500 GPM and an actual fire flow available form any one hydrant connected to any given main of 1500 GPM for a 2-hour duration at 20 PSI residual operating pressure. 102. Blue dot retro-reflectors shall be placed in the street 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 103. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provision for the turn around capabilities of fire apparatus. Any turn -around requires a minimum 38-foot turning radius. 104. The minimum dimension for access roads and gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. 105. Any gate providing access from a road shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 38-foot turning radius shall be used. 106. Gates may be automatic or manual and shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation. Automatic gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. Automatic gates shall be provided with backup power. 107. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. Two sets of water plans are to be submitted to the Fire Department for approval. 108. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting, reflectors, and/or signs. END OF CONDITIONS 4uo PAReports - CC\2008\6-17-08\TT 33848 DEIR Maman\CC COA TT 33848.doc 24 Rd'� . { _ F a '.'.�,.4w, 4u7 v +� City Limit . = ;° '-t' n" 6"44-ij fill 0. �/�� ; � r, y / � V �j R '- - - � .o, atiempo Ct 9" `t IL < 6idenza Cd, C)4.1 .1 � +t _ y I i- "' r caI11 o na 40 r 4't 1 krr � G + t IIII yte„ t v ♦' 3 r v. y.:3vF bit+ mWW., � 4 q `�Y \ � e f• t r ' I I tC ?# a a _ N. - :�:' a= rir '• .v: �.1 h � •. .�k �y�X I.,+ �,k#`'b"ra It �4{s��" 1.1.� ��w'°`'-. "'� { -'� +-"yfi'b.':.`�i, q ft �,`-"�'�� •'�>^ � �.,•,..M1JE�.r o+i.��,�', '� tir' !i�,?:, � y �'� � IIJ N',1 uul F r F �..�` •, C. ,i' s1r4NX 1 rA Y yy�.y.9+ - ['Irk. IV �e-r, Jam' . i sy � ,y' t 1' � .2� , r. • � k E�ti 471 C �r V I 41 4 J�p ip1 t ;E � � �� "ICY f'• 'I .i2bA � 1 n Attachment 5 CITY OF LA QUINTA RIVERSIDE COUNTY, CALIFORNIA FINAL ENVIRONMENTAL IMPACT REPORT (SCH# 2007021060) FOR TENTATIVE TRACT MAP 33848 Prepared For CITY OF LA QUINTA 78495 Calle Tampico La Quinta, CA 92253 Prepared By � 1 L -A Terra Nova Planning & Research, Inc. 400 South Farrell, Suite B-205 Palm Springs, CA 92262 June 2008 4 1 3 TN/City of La Quinta Tentative Tract Map 33848 Final FIR Response to Comments on Dralt EIR FINAL EIR RESPONSE TO COMMENTS ON DRAFT ENVIRONMENTAL IMPACT REPORT FOR TENTATIVE TRACT MAP 33848 June 3, 2006 STATE CLEARINGHOUSE NO.2007021060 AGENCY COMMENTS/RESPONSE TO COMMENTS The Response to Comments on the Draft EIR for the Tentative Tract Map 33848 project has been prepared in accordance with Section 15088, 15089 and 15132 of the California Environmental Quality Act (CEQA) Guidelines. The following agencies and interested parties have commented on the Draft EIR. Please note that Section I contains verbatim comments from agency and other interested parties, and subsequent responses. Section II contains the full text of commenting agency correspondence. SECTION I: AGENCIES/PARTIES PAGE A. Native American Heritage Commission 4 B. Department of Toxic Substance Control 6 C. Desert Sands Unified School District 9 D. SunLine Transit Agency 10 E. Ramona Band of Cahuilla 11 SECTION II: A. Native American Heritage Commission B. Department of Toxic Substance Control C. Desert Sands Unified School District D. SunLine Transit Agency E. Ramona Band of Cahuilla F. State of California, State Clearinghouse and Planning Unit 3 4 �' TN/City of La Quinta Tentative Tract Map 33848 Final EIR Response to Comments on Draft EIR SECTION I RESPONSE TO COMMENTS The following verbatim comments were received on the Draft EIR transmitted to various public agencies and interested parties. These comments concern aspects of the Draft EIR, including clarification of information, adequacy of analysis, and similar issues. Related comments may occasionally be combined to allow one response to address these related questions. The following responses have been prepared to address issues raised in the agency/interested party comments. 3 TN/City of La Quinta Tentative Tract Map 33848 Final EIR Response to Comments on Draft EIR A. Native American Heritage Commission A.I. Comment: ✓ Contact the appropriate California Historic Resources Information Center (CHRIS). The record search will determine: • If a part or the entire APE has been previously surveyed for cultural resources. • If any known cultural resources have already been recorded in or adjacent to the APE. • If the probability is low, moderate, or high that cultural resources are located in the APE. • If a survey is required to determine whether previously unrecorded cultural resources are present. N/ If an archaeological inventory survey is required, the final stage is the preparation of a professional report detailing the findings and recommendations of the records search and field survey. • The final report containing site forms, site significance, and mitigation measurers should be submitted immediately to the planning department. All information regarding site locations, native American human remains, and associated funerary objects should be in a separate confidential addendum, and not be made available for public disclosure. • The final written report should be submitted within 3 months after work has been completed to the appropriate regional archaeological Information Center. Contact the Native American Heritage Commission (HAHC) for: • A Sacred Lands File (SLF) search of the project area and information on tribal contacts in the project vicinity who may have additional cultural resource information. Please provide this office with the following citation format to assist with the Sacred Lands File search request USGS 7 5-minute quadrangle citation with name, township. range and section. • The NAHC advises the use of Native American Monitors to ensure proper identification and care given cultural resources that may be discovered. The NAHC recommends that contact be made with Native American contacts on the attached list to get their input on potential project impact, particularly the contacts of the on the list. A.I. Response: Comment noted. A Cultural Resources Technical Report was prepared for the project. As part of the research procedures, the records and the electronic databases were reviewed. Included in this review, among others, was the California Historical Resources Information System. The Cultural Resources Technical Report that was prepared for the project was provided to the Archaeological Information Center within three months of completion. Any additional reports on the project site shall also follow the above recommendations. As part of the research procedures for the Cultural Resources Technical Report for the project, the Native American Heritage Commission was contacted and a sacred lands records search was completed and no Native American cultural resources were identified in the immediate project area. 4 -- 1 410 TN/City of La Quinta Tentative Tract Map 33848 Final EIR Resnonse to Comments on Draft EIR A.2. Comment: ✓ Lack of surface evidence of archeological resources does not preclude their subsurface existence. • Lead agencies should include in their mitigation plan provisions for the identification and evaluation of accidentally discovered archeological resources, per California Environmental Quality Act (CEQA) § 15064.5 (f). In areas of identified archaeological sensitivity, a certified archaeologist and a culturally affiliated Native American, with knowledge in cultural resources, should monitor all ground -disturbing activities. • Lead agencies should include in their mitigation plan provisions for the disposition of recovered artifacts, in consultation with culturally affiliated Native Americans. A.2. Response: Comment noted. The proposed project shall comply with the California Environmental Quality Act (CEQA). Mitigation measures included in the EIR require that a qualified archeologist be present to monitor any earth -moving activities. A.3. Comment: ✓ Lead agencies should include provisions for discovery of Native American human remains or unmarked cemeteries in their mitigation plans. CEQA Guidelines, Section 15064.5 (d) require the lead agency to work with the Native Americans identified by this Commission if the initial Study identifies the presence or likely presence of native American human remains within the APE. CEQA Guidelines provide for agreements with Native American, identified by the NAHC, to assure the appropriate and dignified treatment of Native American human remains and any associated grave liens. ✓ Health and Safety Code §7050.5, Public Resources Code §5097.98 and Sec. § 15064.5 (d) of the CEQA guidelines mandate procedures to be followed in the event of an accidental discovery of any human remains in a location other than a dedicated cemetery. A.3. Response: Comment noted. The proposed project shall comply with applicable Health and Safety Codes, Public Resource Codes and CEQA. A.4. Comment: ✓Lead agencies should consider avoidance, as defined in & 15370 of the CEQA Guidelines when significant cultural resources are discovered during the course of project planning. A.4. Response: Comment noted. In compliance with CEQA, the proposed project shall consider avoidance if significant cultural resources are discovered during project development. L TN/City of La Quinta Tentative Tract Map 33848 Final EIR Resnonse to Comments on Draft EIR B. DEPARTMENT OF TOXIC SUBSTANCES CONTROL B.I. Comment: The draft EIR needs to identify and determine whether current or historic uses at the project site have resulted in any release of hazardous wastes/substances at the project area. The known or potentially contaminated sites within the proposed project area should be identified. For all identified sites, the draft EIR should evaluate whether conditions at the site may pose a threat to human health or the environment. A Phase I Assessment may be sufficient to identify these sites. Following are the databases of some of the regulatory agencies: • National Priorities List (NPL): A list maintained by the United States Environmental Protection Agency (U.S.EPA). • CalSites: A database primarily used by the California Department of Toxic and Substances Control. • Resource Conservation and Recovery Information System (RCRIS): A database of RCRA facilities that is maintained by the US EPA. • Comprehensive Environmental Response Compensation and Liability Information System (CERCLIS): A database of CERCLA sites that is maintained by the U.S.EPA. • Solid Waste Information System (SWIS): A database provided by the California Integrated Waste Management Board which consists of both open as well as closed and inactive solid waste disposal facilities and transfer stations. • Leaking Underground Storage Tanks (LUST) / Spills, Leaks, Investigations and Cleanups (SLIC): A lists that is maintained by Regional Water Quality Control Boards. • Local Counties and Cities maintain lists for hazardous substances cleanup sites and leaking underground storage tanks. B.1. Response: Comment noted. As stated on page III-28 of the EIR, the project proponent is required to complete a Phase I Environmental Site Assessment for lead -based paint, asbestos and fertilizers and pesticides. The requirement also includes appropriate remediation plans, if necessary, should any of these items be identified in the Phase I. The EIR further requires that the City review the documentation, and assure that any mitigation plan is undertaken as required as part of the demolition of the existing structures on the site. B.2. Comment: The Draft EIR should identify the mechanism to initiate any required investigation and/or remediation for any site that may be contaminated, and the government agency to provide appropriate regulatory oversight. If hazardous materials or wastes were stored at the site, an environmental assessment should be conducted to determine if a release has occurred. If so, further studies should be carried out to delineate the nature and extent of the contamination, and the potential threat to public health and/or the environment should be evaluated. It may be necessary to determine if an expedited response action is required to 6 4 i a TN/City of La Quinta Tentative Tract Map 33848 Final EIR Response to Comments on Draft EIR reduce existing or potential threats to public health or the environment in compliance with state regulations, policies, and laws. B.2. Response: Comment noted. See response B.1. B.3. Comment: If the subject property was previously used for agriculture, onsite soils could contain pesticide residues. Proper investigation and remedial action may be necessary to ensure the site does not pose a risk to the future residents. B.3. Response: Comment noted. See response B.1. BA. Comment: All environmental investigations, sampling and/or remediation should be conducted under a Workplan approved and overseen by a regulatory agency that has jurisdiction to oversee hazardous waste cleanup. The findings and sampling results from the subsequent report should be clearly summarized in the EIR. Proper investigation, sampling and remedial actions, if necessary, should be conducted at the site prior to the new development or any construction, and overseen by a regulatory agency. BA. Response: Comment noted. See response B.1. B.5. Comment: If any property adjacent to the project site is contaminated with hazardous chemicals, and if the proposed project is within 2,000 feet from a contaminated site, then the proposed development may fall within the "Border Zone of a Contaminated Property." Appropriate precautions should be taken prior to construction if the proposed project is within a "Border Zone Property." B.5. Response: Comment noted. See response B.1. B.6. Comment: Human health and the environment of sensitive receptors should be protected during the construction or demolition activities. A study of the site overseen by the appropriate government agency might have to be conducted to determine if there are, have been, or will be, any releases of hazardous materials that may pose a risk to human health or the environment. If it is determined that hazardous wastes are, or will be, generated by the proposed operations, the wastes must be managed in accordance with the California Hazardous Waste Control Law (California Health and Safety Code, Division 20, chapter 6.5) and the Hazardous Waste Control Regulations (California Code of Regulations, Title 22, Division 4.5). B.6. Response: Comment noted. See response B.1. B.7. Comment: If it is determined that hazardous wastes are or will be generated and the wastes are (a) stored in tanks or containers for more than ninety days, (b) treated onsite, or (c) disposed of onsite, then a permit from DTSC may be required. If so, the 7 4 1' TN/City of La Quinta Tentative Tract Map 33848 Final EIR Resnonse to Comments on Draft EIR facility should contact DTSC at (818) 551-2171 to initiate pre application discussions and determine the permitting process applicable to the facility. B.7. Response: Comment noted. The project is a residential subdivision, and will not include hazardous waste storage. B.S. Comment: If it is determined that hazardous wastes are, or will be generated by the proposed operations, the wastes must be managed in accordance with the California Hazardous Waste Control Law (California Health and Safety Code, Division 20, chapter 6.5) and the Hazardous Waste Control Regulations (California Code of Regulations, Title 22, Division 4.5). If so, the facility should obtain a United States Environmental Protection Agency Identification Number by contacting (800) 618-6942. B.S. Response: Comment noted. The project is a residential subdivision, and will not include hazardous waste generation. B.9. Comment: Certain hazardous waste treatment processes may require authorization from the local Certified Unified Program Agency (CUPA). Information about the requirement for authorization can be obtained by contacting your local CUPA. B.9. Response: Comment noted. The project is a residential subdivision, and will not require authorization from CUPA. B.10. Comment: If during construction/demolition of the project, soil and/or groundwater contamination is suspected, construction/demolition in the area should cease and appropriate health and safety procedures should be implemented. If it is determined that contaminated soil and/or groundwater exist, the EIR should identify how any required investigation and/or remediation will be conducted, and the appropriate government agency to provide regulatory oversight. B.10. Response: Comment noted. See response B.1 B.11. Comment: In future CEQA documents, please provide the contact person's title and e-mail address. B.11. Response: Comment noted. The contact person, Andrew Mogenson, and his contact information, were provided in Section I of the EIR, and in the Notice of Completion. 8 4A TN/City of La Quinta Tentative Tract Map 33848 Final EIR Response to Comments on Draft EIR C. DESERT SANDS UNIFIED SCHOOL DISTRICT C.I. Comment: The Desert Sands Unified School District boundaries do not include property located south of Avenue 48 and east of Jefferson Street. Therefore, we are unable to comment as these locations are outside of our boundaries and within the Coachella Valley Unified School District. C.1. Response: Comment noted. 4U1 TN/City of La Quinta Tentative Tract Map 33848 Final EIR Resoonse to Comments on Draft EIR D. SUNLINE TRANSIT AGENCY D.I. Comment: Currently, SunLine does not offer transit service to the proposed project site; however, the nearest service route is located east of the project, along Harrison Boulevard at Airport Boulevard; served by Line 91. Based on our review of the Environmental Impact Report, it is stated on page 27 that this project will not impact SunLine's transit service. Given this, there is not need for the construction of transit amenities, including a bus turnout and bus shelter as part of the proposed development. D.I. Response: Comment noted. 10 462 TN/City of La Quinta Tentative Tract Map 33848 Final EIR Resoonse to Comments on Draft EIR E. RAMONA BAND OF CAHUILLA E.1. Comment: The Ramona Band of Cahuilla Indians is concerned about the protection of unique and irreplaceable cultural resources, such as Cahuilla village and burial sites and arcaheological items that may be displaced by ground -disturbing work associated with any project with the aboriginal homelands of the Cahuilla people. E.I. Response: Comment noted. E.2. Comment: Based upon the fact that the project site is located in an area of potential significance for prehistoric archaeological resources and there exists a possibility that previously unidentified archaeological resources could be discovered during project construction, the Ramona Band of Cahuilla Indians proposes the following: 1. The Ramona Band of Cahuilla Indians shall participate in the development of a monitoring plan for the proposed project. The monitoring plan shall include provisions for Tribal monitors to monitor any ground disturbing activity associated with the project. Tribal monitors shall also have the authority to temporarily halt or redirect work in order to assess any discovered archaeological resources. 2. The Ramona Band of Cahuilla Indians shall be allowed to assess any and all archaeological resources discovered and provide appropriate mitigation measures. 3. Based on the projects (sic) location, there is a possibility that human remains may be discovered. Therefore, if human remains are discovered during activities associated with the preparation of the project area or construction of the project, the discovery shall be handled according to State laws. This condition does not assure that there will be no impact to human remains, but it does provide the appropriate and legal steps required to mitigate any impacts. E.2. Response: Comment noted. As described in the EIR, page III-23, the City requires monitoring of all excavation, clearing and grading activities. In order to address the commentor's request, the mitigation measure in the Cultural Resources section of theEIR is hereby amended to read: The site shall be monitored during on- and off -site trenching and rough grading by qualified archaeological monitors, one of which shall be a Native American tribal member from the Ramona Band of Cahuilla Indians. The monitor shall be empowered to stop and redirect earth moving activities as necessary to identify and study any identified resource. The final report of monitoring activities shall be submitted to the Planning Department prior to the issuance of a Certificate of Occupancy for the first house on the project site. 4"3 U TN/City of La Quinta Tentative Tract Map 33848 Final EIR Response to Comments on Draft EIR The City maintains an historical museum, where curation of all artifacts found in the City is undertaken. This standard requirement assures the protection of resources in the long term. The site is not known to harbor human remains, or an unofficial cemetery or burial ground. However, should remains be identified during construction, the monitors are required by law to notify the coroner. This requirement of law is sufficient to assure that impacts associated with human remains are not significant. 4U4 TN/City of La Quinta Tentative Tract Map 33848 Final EIR Response to Comments on Draft EIR SECTION II COMMENT LETTERS The following comment letters were received on the Draft EIR transmitted to various public agencies and interested parties. Comments restated in Section I are bracketed in this section and correspond to the comment numbers in Section I. 13 G] __.__ _ �.„A NATIVE AMERICAN HERITAGE COMMISSION Ameld a.hwtnee_ien•r Oa va:noe eta CAPRCL MAU, RaaMae4 SACRM/iO ,CAM14 te16j east Ftl (81aj 65r-WDD ww 9ltewww eni,n eaeev .mau:°a-Daha*.rb.ltrg received April 24, 2008 APR 2 S 200a Mc Andrew Mogensen, Principal Planner Coy of Lo Quintal CITY OF LA QUINTA Flowing Department 78495 Calle Tampico La Quints, CA 92253 Re: SCM007021060r. C996 Notice of CCmdetipn draft Environmen it Impact Report IDFIRI for Tentative Trar Dear Mr. Mogensen: The Native American Heritage Commission is the state agency designated to protect Cal fomia's Native American Cultural Resources. The California Environmental Quality Act (CEQA) requires that any project that causes a substantial adverse change in the significance of an historical resource, that Includes archaeological resources, Is a 'significant effect' requiring the preparation of an Environmental Impact Report (EIR) per the California Code of Regulations §15084.5(b)(c (CEQA guidelines). Section 15382 of the 2007 CEQA Guidelines defines a significant impact on the environmeat as'a substantial, or potentialy, substantial, adverse change in any of physical conditions vMn an area affected by the proposed project, Inducing ...objects of historic or aesthetic significance.' In order to comply with this provision, the lead agency Is required to assess whether the projedwill have an adverse impact on these resources within the'area of petedlal etfad (APq, and if so, to mifigate,thet effect To adequately assess the projecFrelated impado on historical resources, tha CommissWn recommertda the following action: a J Conta'dthe epprirprleta Califorda Ftistorie Resources Inormation Center (CHRIS) roc possi6le'facorded saes in locations where tha development will or might occur.:Conlad irdorriialton for tha jrrfornraMpnCenter nearestyou is available from the State Office of Historic Praservatlan (918l853.7278)! htto'Ikrxr.oho oarks.ca.pov. The record search will determine: • If a part or the entire APE Ass been previously surveyed for cultural resources. • If any (mown cultural resources tiave already been recorded in or adjacent to the APE. • If the probalallty is low• moderate, or high that cuhural resources are located in the APE. If a survey Is requlred to determine whether previously unrecorded cultmi resources are present J If an erehasologiml Inventory survey Is required, the final stage is the preparation of a professional report detailing the findings and recommendations of the records search and field survey. • -The final report containing site forms• site significance, and mitigation measurers should be submitted Immediately to the planning department All information regarding site locations, Native American human remains, and associated funerary objects should be in a separate caddentid addendum, and not be made available for pubic disclosure. • The final written report should be submitted within 3 months alter work has been completed to the appropriate regional archaeckrgloal Information Center. J Contact fthe Native American Heritage Commission (NAHC) for: A Sacred Lands Fie (SLF) search of the project area and Information on tribal contacts in the project vidnily, that may have additional cultural resource Information. Please provide this office with the following ciallon format to assistwtlh the Sacred Lands Fite search request USGS 7 5-minute cuadrande citation with name. wN2 LU%and aedion: . • The NAHC advises the use of Native American Monitors to ensure proper identification and care given cultural resources that may be discovered. The NMC; recommends that contact be made with tit ,Nedcan ' Conrads on the attached list to gat their input on potential project impact (APE). In some cases, the existence or a Native American cultural resources may be known only to a local lribe(s). J Lack of surface evidence of archeological resources does not predude their subsurface existence. • Lead agencies should Include in their mitigation plan provisions for the Identification and evaluation of accidentally discovered archeological resources, per California Environmental Qualily Ad (CEQA) §15064.5 (I). :. la a(eas cif idepilfied archaeological sensitivity. aRachfied archae,Wo id and a culturally agitated Na'weL.- . American„With)diilwiedge Id'cutUial reeriurces, shbuldirionitor ail ground-dlsWrNng activities. ' •' A du tuially-al liated Native American tribe may. be the only source ofirdortnafion about a Sacred Site/Native Amedrari duhNral reaoums. • Lead agencies should include in their mitigation plan provisions for the diapoerdon of recovered artifacts, In consuiallon with culturally affiliated Native Amedbans. Al 4603 J Lead agencies should include provisions for discovery of Native American human remain4 or unmarked cemeteries In their mitigation plans. CEQA Guidelines, Section 15084.5(d) requires the lead agency to work With the Native Americana identified by this Commission If the initial Study Identifies the presence of likely presence of Native American human remains within the APE CEQA Guidelines provide for agreements wdth Native American, Identified by the A 3 NAHC, to assure the appropriate and dignified treatment of Native American human remains and any associated grave liens. J Health and Safety Code §7050.5, Pudic Resources Code §5097.98 and Sec §75W.5 (d) of the Califomla Code of Regulations (CEQA Guidelines) mandate procedures to be followed, Including that construction or excavation be stopped in the event of an accidental discovery of any human remains in a location other than a dedicated cemetery until the county coroner or medical examiner can determine whether the remains are those of a Native American. . Note that §7052 of the Health & Safety Code states that disturbance of Native American cemeteries is a felony. rI and soandes should consider avoidance as defined In 614370 of the Qalfomia Code of Regulations (CEQA }r idelinesl when sionificard cultural resources are discovered dudna the course of omiect {Jannina and A 4 Implementation ` Please feel free to contact me at (916) 853-6251 If you have any questions. idce , awe Sin e Program Analyst Attachment List of Native American Contacts Cc: State Clearinghouse �' 6 7 Native American Contacts Riverside County April 24, 2008 Cabazon Band of Mission Indians John A. James, Chairperson 84-245 Indio Springs Parkway Cahuilla Indio r CA 92203-W9 (760) 342-2593 (760) 347-7880 Fax Cahuilla Band of Indians Anthony Madrigal, Jr., Chairperson P.O. Box 391760 Cahuilla Anza . CA 92539 (9tribalcouncll@cahUilla.net ahuilla.net (951) 763-2632 Fax Los Coyotes Band of Mission Indians Katherine Saubel, Spokesperson P.O. Box 189 Cahuilla Warner , CA 92086 (760y7822-0711 rthlink.net (760) 782-2701 - FAX Ramona Band of Cahuilla Mission Indians Joseph Hamilton, vice chairman P.O. Box 391670 Cahuilla Anza . CA 92539 (951) 763 4105 tribe.com (951)763-4325 Fax Thls Bat Is currant only as of the date of this document. Torres -Martinez Desert Cahuilla Indians Raymond Torres, Chairperson PO Box 1160 Cahuilla Thermal r CA 92274 (760) 397-0300 (760)397-8146 Fax Torres -Martinez Desert Cahuilla Indians Ernest Morreo PO Box 1160 Cahuilla Thermal CA 92274 (760 397-0300m (760)397-8148 Fax Santa Rosa Band of Mission Indians John Marcus, Chairman P.O. Box 609 Cahullia Hemet . CA 92546 srtribaloffice@aol.com (951)658-5311 (951)658-6733 Fax Augustine Band of Cahuilla Mission Indians Mary Ann Green, Chairperson P.O. Box 846 Cahuilla Coachella CA 92236 (760) 369-7171 760-369-7161 Distribution of title list do" not relieve any Person Of statutory Safety Cod% Section 5097.94 of the Public Raeourcea Cods and Section 5l s Health end 097.98 of the Public Pe umm Code This list is only applicable for ,d,,WV local Native American weh regard to cultural resources for flue proposed. Residential Project, off Avenue 58 C� to CuiMetion; draft ;Coarhelle Valley; Riverside Coady, California Tree! WP : 4 U Native American Contacts Riverside County April 24, 2008 Morongo Band of Mission Indians Michael Contreras, Cultural Resources -Project 49750 Seminole Drive Cahullla Cabazon . CA 92230 Serrano (951) 755-5206 (951) 922-8146 Fax Torres-Martlnez Desert Cahuilla Indians Dian Chihuahua, Cultural Resources Coordinator P.O. Boxt 1160 Cahuilla Thermal . CA 92274 760) 397-0300 r�yahoo.com (760) 275-2686-CELL (760) 397-8146 Fax Cabazon Band of Mission Indians Judy Stapp, Director of Cultural Affairs 84-245 Indio Springs Parkway Cahuilla Indio , CA M03-34M IweaverQcabazonindians.org (760)342-2593 (760) 347-7880 Fax Ague Callente Band of Cahuilla Indians THPO Richard Begley, Tribal Historic Perservation Officer 5401 Dinah Shore Drive Cahuilla Palm Springs . CA 92264 rbb��gqayQa uacaliente.net (760}} 325-3400 Ext 6906 (760) 699-6800 (760) 699-6925- Fax This list Is current only as of the date of this document. SDistribution of this list does not "Have any parson Of statutory afely Code, ShlIft as dellned In cRion 7050.5 of he Health and Section of the public Resources Code and Saction8 097. of the PublicRaseUMM Cod This list Is only applicable for contacting 1=1 NatPoe American with regard to cultural r urcw for the proposed, SCH#2007021 Oft ReeiderOW Prolaat�of Averwe5B; City Of La Oulma; COD 16 Val"; RIvenWa CouMy� Cal"O�rnla"aTrect deP 3ie48i Unda S. Adams Secretary W Environmental Protection May 8, 2008 Department of Tox Maureen F. 5796 Coq Cypress, Ct Mr. Andrew Mogensen City of La Quinta, Planning Department 78495 Calle Tampico La Quinta, California 92253 NOTICE OF PREPARATION OF A D (EIR) FOR TENTATIVE TRACT MAP Dear Mr. Mogensen: The Department of Toxic Substances Co document for the above -mentioned proje, your document: 'Tentative Tract Map to E lots as well as lots for streets and on -site accessed from Avenue 58. An existing at Based on the review of the submitted (El Substances Control Director 90630 receive MAY 2 E 2008 CRY of la ouMta Planning oepcaftw ENVIRONMENTAL IMPACT REPORT 3 (SCH# 2007021060) :)I (DTSC) has received your submitted EIR The following project description Is stated in divide a 4.8 acre parcel into 12 single family )rm water retention. The project will be )e residence occurs on the site". document DTSC has comments as follows: The draft EIR needs to identify and determine whether current or historic uses at the Project site have resulted in an release of hazardous wastes/substances at the Project area. 2. The known or potentially contamin, should be identified. For all identifi conditions at the site pose a threat 1 Assessment may be sufficient to i databases of some of the regulator • National Priorities List (NPL): A list Environmental Protection Agency • CalSites: A Database primarily use Substances Control. O ;d sites within the proposed Project area sites, the draft EIR should evaluate whether i human health or the environment. A Phase iintify these sites. Following are the agencies: t maintained by the United States by the California Department of Toxic on Recycled Paper B1 490 Mr. Andrew Mogensen May 8, 2008 Page 2 • Resource Conservation and Recovery Information System (RCRIS): A database of RCRA facilities that is maintained by U.S. EPA. • Comprehensive Environmental Response Compensation and Liability Information System (CERCLIS): A database of CERCLA sites that is maintained by U.S.EPA. • Solid Waste Information System (SWIS): A database provided by the California Integrated Waste Management Board which consists of both open as well as closed and inactive solid waste disposal facilities and transfer stations. • Leaking Underground Storage Tanks (LUST) / Spills, Leaks, Investigations and Cleanups (SLIC): A list that is maintained by Regional Water Quality Control Boards (RWQCBs). • Local County and City maintain lists for hazardous substances cleanup sites and leaking underground storage tanks. 3. The draft EIR should identify the mechanism to initiate any required investigation and/or remediation for any site that may be contaminated, and the government agency to provide appropriate regulatory oversight. If hazardous materials or wastes were stored at the site, an environmental assessment should be conducted to determine if a release has occurred. if so, further studies should be carried out to delineate the nature and extent of the contamination, and the potential threat to public health and/or the environment should be evaluated. It may be necessary to determine if an expedited response action is required to reduce existing or potential threats to public health or the environment. If no immediate threat exists, the final remedy should be implemented in compliance with state laws, regulations and policies.' 4. If the subject property was previously used for agriculture, onsite soils could contain pesticide residues. Proper investigation and remedial action may be necessary to ensure the site does not pose a risk to the future residents. 5. All environmental investigations, sampling and/or remediation should be conducted under a Workplan approved and overseen by a regulatory agency that has jurisdiction to oversee hazardous waste cleanup. The findings and sampling results from the subsequent report should be clearly summarized in the EIR. 6. Proper investigation, sampling and remedial actions, if necessary, should be conducted at the site prior to the new development or any construction, and overseen by a regulatory agency. 7. If any property adjacent to the project site is contaminated with hazardous chemicals, and if the proposed project is within 2,000 feet from a contaminated site, then the proposed development may fall within the "Border Zone of a BI Cont'd B2 B3 IM B5 451 Mr. Andrew Mogensen May 8, 2008 Page 3 Contaminated Property." Appropriate precautions should be taken prior to B 5 Cont'd construction if the proposed project is within a "Border Zone Property 8. Human health and the environment of sensitive receptors should be protected during the construction or demolition activities, A study of the site overseen by the appropriate government agency might have to be conducted to determine if there are, have been, or will be, any releases of hazardous materials that may pose a risk to human health or the environment. B 6 9. If it is determined that hazardous wastes are, or will be, generated by the proposed operations, the wastes must be managed in accordance with the 10. California Hazardous Waste Control Law (California Health and Safety Code, Division 20, chapter 6.5) and the Hazardous Waste Control Regulations (California Code of Regulations, Title 22, Division 4.5). 11. If it is determined that hazardous wastes are or will be generated and the wastes are (a) stored in tanks or containers for more than ninety days, (b) treated onsite, B 7 or (c) disposed of onsite, then a permit from DTSC may be required. If so, the facility should contact DTSC at (818) 551-2171 to initiate pre application discussions and determine the permitting process applicable to the facility. 12. If it is determined that hazardous wastes are, or will be, generated by the proposed operations, the wastes must be managed in accordance with the Catifomio Hazardous Waste Control Law (California Health and Safety Code, B g Division 20, chapter 6.5) and the Hazardous Waste Control Regulations (California Code of Regulations, Title 22, Division 4.5). If so, the facility should obtain a United States Environmental Protection Agency Identification Number by contacting (800) 618-6942. 13. Certain hazardous waste treatment processes may require authorization from the B 9 local Certified Unified Program Agency (CUPA). Information about the requirement for authorization can be obtained by contacting your local CUPA. 14. If during construction/demolition of the project, soil and/or groundwater contamination is suspected, constructionldemolition in the area should cease and appropriate health and safety procedures should be implemented. If it is B 10 determined that contaminated soil and/or groundwater exist, the EIR should identify how any required Investigation and/or remediation will be conducted, and the appropriate government agency to provide regulatory oversight. 15. In future CEQA documents, please provide the contact person's title and e-mail B 11 address. 4J� Mr. Andrew Mogensen May 8, 2008 Page 4 If you have any questions regarding this letter, please contact me at (714) 484-5461 or call Mr. Al Sham!, Project Manager, at (714) 434-5472 or at "ashami@dtsc.ca.gov". Sincerely, le- /W Greg Holmes Unit Chief Southern California Cleanup Operations Branch - Cypress Office cc: Governor's Office of Planning and Research State Clearinghouse P.O. Box 3044 Sacramento, California 95812-3044 Mr. Guenther W. Moskat, Chief Planning and Environmental Analysis Section CEQA Tracking Center Department of Toxic Substances Control P.O. Box 806 Sacramento, California 95812-0806 CEQA # 2131 4J3 -3 10 a _�saauuwow.as� Desert Sands Unified School District aweao �nwae e 6 pouiNw6ut :w 47-950 Dune palms Road • VA[Y a(alef La Oumca. California 92253 • (7603 777.4Z00 ,� av • tAauura . o uwa ►° • received APR 9 2008 April 7, 2008 cky of to QurMa PlanNrg Nparhnent Mr. Andrew Mogensen Principal Planner City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Request for Comments: Tentative Tract Map 33848located on Avenue 58 east of Jefferson Street Dear Mr. Mogensen, This is in response to your request for input on the above referenced projects and its effect on public schools. The Desert Sands Unified School District boundaries do not include property located south of Avenue 48 and east of Jefferson Street. Therefore, we are unable to C 1 comment as these locations are outside of our boundaries and within the Coachella Valley Unified School District. If you have any questions with regards to our boundaries, you may access our boundary maps at www.dsusd.kl2.ca.us. Please feel free to call us at (760) 771-8515, if you have further questions. Thank you. Sinc�jrel��'�// Sharon McGilvrey for Peggy Reyes, Director of Facilities Services sm D seryee ' P lmeyesere ar lndlaft 0 ft' Caaalnie 11 die ceCea cheer WN .C.Wy SNvh+y the Wsarf Sir+ca 1977 �,,.,,�W,,,,.- APa611c Agenq teceil/na April 14, 2008 APR .15 ZU08 okc t°°em�+enr Mr. Andrew Mogensen, Principal Planner Planning Department City of La Quinta P.O. Box 1504 La Quinta, CA 92247 Re: Tentative Tract Map No. 33848; SCH No. 2007021060 Dear Mr. Mogensen: This letter responds to your request for comments regarding the proposed development located on the south side of Avenue 58, west of Monroe Street, and east of Madison Street, in the City of La Quinta. SunLine Transit Agency (SunLine) staff has reviewed the project and offers the following comments. Currently, SunLine does not offer transit service to the proposed project site; however, the nearest service route is located east of the project, along Harrison Boulevard at Airport Boulevard; served by Line 91. Based on our review of the Environmental Impact Report, it is stated on page 27 that this project will not impact Sun Line's transit service. Given this, there is no need for the construction of transit amenities, including a bus turnout and bus shelter as part of the proposed development. Should you have questions or concerns regarding this letter, please contact me at 760-343-3456, ext. 162. Sincerely, Alfonso Hernandez Assistant Planner cc: C. Mikel Oglesby, General Manager Eunice Lovi, Director of Planning Les Johnson, Planning Director City of La Quinta 32-505 Harry Oliver Trait Thousand Palms, California 92276 Phone 760-343-3456 Fax 760-343-3845 wwwsunline.arg D1 E 56310 Highway 371, Suite B Post Office Box 391670 Anza, Callfornla 92539 May 12, 2003 'A SOVEREIGN NATION' Mr. Andrew Morgan, Principal Planner City of La Quints 78495 CalleTampicc La Quints, CA 92253 Dear Mr. Morgan: Tel: (951) 753-4105 Fax: (951) 763-4325 E—mail: admin@ramonatribe.com Re: Draft EIR (SCH No. 2007021060) for Tentative Tract Map 33848 received MAY 19 2008 CRY of La 6Ulnto Ocnaing gepWinent The Ramona Band of Cahuilla Indians is in receipt of the Draft EIR for the above referenced project and submits this letter as its official response. While the proposed project is not within the boundaries of the Ramona Indian Reservation, the project site lies within the traditional territory of the Cahuilla People. The Ramona Band of Cahuilla Indians is concerned about the protection of unique and irreplaceable cultural resources, such as Cahuilla village and burial sites and archaeological items that may be displaced by ground -disturbing wo* associated with any project within the aboriginal homelands of the Cahuilla people. Based upon the fact that the project site is located in an area of potential significance frir prehistoric arcbawlogical resources and there e:cists a possibility that previously unidentified archaeological resources could be discovered during project construction, the Ramona Band of Cahuilla Indians proposes the following: 1. The Ramona Band of Cabuilla Indians shall participateinthe development of a monitoring plan for the proposed project The monitoring plan shall include provisions for Tribal monitors to monitor any ground disturbing activity associated with the project. Tribal monitors shall also have the authority to temporarily halt or redirect work in order to assess any discovered archaeological resources. 2. The Ramona Band of Cahuilla Indians shall be allowed to, assess any and all archaeological resources discovered and provide appropriate mitigation measures. 3. Based on the projects location, there is a possibility that huingn remains maybe' discovered. Th6refdre, if human remains are discovered during activities associated with the preparation of the project area or construction of the project, the discovery shall be tiaiailed according to State laws. This conditfon does not assure that there will be no impact to human remains, but it does provide the appropriate and legal steps required to mitigate any impacts. E1 E2 The Ramona. Band of Cahuilla Indians appreciates the Wportunity to consult with the City of. La Quinta, on a government -to -government basis, regarding the proposed project, and we look forward to worldng with the City to protect and preserve the invaluable resources of the Cahuillapeople. Please feel free to contact me at the address above or via telephone at (951)941-4943 or (951)763.4105. Sincerely, Y John Gorge r. culturaUReso�rees Ramona Band of Cahuilla Indians �r:i� F fy°'P( - 1Go.4 b STATE OF CALIFORNIA GOVERNOR'S OFFICE of PLANNING AND RESEARCH hareua°'- 9TATE CLEARINGHOUSE AND PLANNING UNIT CYrmDABRYAW AmtoLDacswxa=EooeR DIRECTOR GOVERNOR May20,2009 received Andrew Mogensen City of La Quints 78-495 Calls Tampico LA Quints, CA 92253 Subject: Tentative Tract Map33848 SCHN: 2007021060 Dear Andrew Magensea: UAJ 2 2 2008 esy of Lo pinto flonnln9 Depo The State Clearinghouse submitted die above named Draft ElR to selected state agencies for review. On the enclosed Docament Details Report please note that the Clearinghouse has listed the state agencies that reviewed your document. The review period closed on May 19, 2008, and rite comments from the responding agency (ies) is (are) enclosed. If this comment package is not in order, please notify the State Clearinghouse immediately. Please refer to the project's ten -digit State Clearinghouse number in future correspondence so that we may respond promptly. Please note that Section 21104(c) of the California Public Resources Code states that: "A responsible or other public agency shall only make substantive comments regarding those activities involved in a project which are within an area of expertise of the agency or which arm required to be carried out or approved by the agency. Those continents sliall be supported by specific documentation." These continents are forwarded for use in preparing your final environmental document. Should you need more information or clarification of the enclosed comments, we recommend that you contact the commenting agency directly. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please contact the State Clearinghouse at (916) 445-0613 if you have any questions regarding the environmental review process. Sincerely, pn� T�eds Director, State Clearinghouse Enclosures cc: Resources Agency 1400 10th Street P.0.Box3044 Sacramento, California 95812.3044 (916) 445-0613 PAX (916) 323-3018 www.opr.ra.gov 4;,3 Document Details Report State Clearinghouse Data Base Description SCH# 2007021060 Project rifle Tentative Tract Map 33848 Lead Agency La Qulnta, City of Type EIR Draft EIR Tentative Tract Map to subdivide a 4.8 acre parcel Into 12 single family lots as well as lots for streets and on -site storm water retention. The project Will be accessed from Avenue 58. An existing adobe residence occurs on the site. Lead Agency Contact Name Andrew Mogensen Agency City of La Qulnta Phone (760)777.7125 Fax small Address 78-495 Calls Tampico State CA Zip 92253 City La Quints Project Location County Riverside City La Quanta Region Cross Streets Avenue 58 and Monroe parcel No. 764-IBD-003 Township 6S Range 7E Section 27 Base SBB&M Proximity to: Highways Airports Railways Waterways schools Land Use Low Density Residential projectissues AesthefiWsual; Agricultural Land; Air Quality; Archaeologic -Historic; Cumulative Effects; DralnagatAbsorption; Flood PlainlFlooding; GeologiclSeismlc; Growth Inducing; Landuse; Minerals; Noise; Population/Housing Balance; Public Services; Schools/Universities; Sewer Capacity; Soil Erosion/CompaclioniGrading; Solid Waste; Toxic/Hazardous; Traffic/Circulation; Vegetation; Water Quality; Water Supply; W e0and/Riparlan; Wildlife Reviewing Resources Agency; Regional Water Quality Control Board, Region 7; Department of Parks and Agencies Recreation; Native American Heritage Commission; Integrated Waste Management Board; Office of Historic Preservation; Department of Fish and Game, Region 6; Department of Water Resources; Department of Conservation; California Highway Patrol; Caltrans, District B; Department of Toxic Substances Control; State Water Resources Control Board, Division of Water Rights Date Received 0410412008 Start of Review 04104/2008 End of Review 0511912008 Note: Blanks in data fields result from insufficient information provided by lead agency. 4JA Attachment 6 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA May 27, 2008 CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:05 p.m. by Chairman Ed Alderson who asked Commissioner Barrows to lead the flag salute. B. Present: Commissioners Katie Barrows, Jim Engle, Paul Quill, Robert Wilkinson, and Chairman Ed Alderson. Absent: None. C. Staff present: Planning Director Les Johnson, Planning Manager David Sawyer, Assistant City Attorney Michael Houston, Attorney Glenn Worthington, Principal Planner Andy Mogensen, Assistant Planners Eric Ceja and Yvonne Franco, and Executive Secretary Carolyn Walker. PUBLIC COMMENT: None II. PRESENTATION: None. III, CONFIRMATION OF THE AGENDA: Chairman Alderson requested two Commissioner Items be added; Item C - Capital Improvement Program, and Item D - Council call up of Village Use Permit 2007-039. It was moved and seconded by Commissioners Barrows/Wilkinson approve the Agenda as amended. V. CONSENT ITEMS: A. Chairman Ed Alderson asked if there were any changes to the Minutes of April 22, 2008. There being none, it was moved and seconded by Commissioners Barrows/Wilkinson to approve the minutes as submitted. Unanimously approved. 500 P:\Reports - PC\2008\6-10-08\PC Minutes 5-27-08.doc Planning Commission Minutes May 27, 2008 VI. PUBLIC HEARINGS: A. Village Use Permit 2005-032 Extension No. 1; a request of Nispero Properties, Inc. for consideration of a One -Year Time Extension for Construction of a ± 19,433 Square Foot Two -Story Office Building, Located in the La Quinta Village. 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. Chairman Alderson asked if there were any questions of staff. Commissioner Quill asked about on -street parking and separation from sidewalks. He didn't see those two items and thought they had been included as conditions in the original approval. He said he remembered a streetscape where the sidewalk pulled somewhat away from the curb and allowed the planting of shade trees. Planning Director Johnson said he did remember the discussion of the condition. He didn't know if those conditions were reflected in the current plans. However, he commented during the building plan check they would make sure all the conditions were adhered to. These may not necessarily represent the most current proposal. These are similar to the original plans. Commissioner Quill asked if there was an applicant representative in the audience and was told there was not. Commissioner Quill reconfirmed these plans had not been modified yet. Staff replied they would be modified in the final process. Commissioner Quill asked if they could make similar recommendations as to those made in the first approval. Staff said they would already be part of the record. Planning Director Johnson said the Commissioners could recommend specific items or continue the item and staff would research the previous meeting. Commissioner Quill said the applicant had not been adverse to those conditions. Staff replied you could add "as previously conditioned" in the motion to approve. Commissioner Quill said he did not remember what was previously approved. Staff said the item could be continued if there was a problem. Commissioner Barrows said it looked as though the sidewalk was next to the curb in opposition to what Commissioner Quill had suggested. J U 1 PAReports - PC\2008\6-10-08\PC Minutes 5-27-08.doc 2 Planning Commission Minutes May 27, 2008 Chairman Alderson said we would have to verify those conditions be met. Staff replied the recommendation would have to go to the Council for an extension, as they are the final authority and staff could be directed to make sure the record was correct. Commissioner Quill said since this was an extension of time it would not be an issue in extending the approval for two weeks. The Commission could ask for the continuance and it would not be a major burden to the applicant. Staff replied that was not a problem. Commissioner Wilkinson said he noticed there was a water feature and was concerned with its size. It appeared larger than what was is normally considered acceptable. Planning Director Johnson said as long as the time extension is granted they would still follow the original approval criteria unless conditioned otherwise. Commissioner Quill asked if conditions or modifications could be added if it was deemed appropriate. Staff replied, since this was a time extension, there was the potential for certain conditions to be revisited. Assistant City Attorney Michael Houston said Tract Map Extensions could only be approved or denied but could not include new conditions. This was not the case for a Village Use Permit and conditions could be added. He included this information for future clarification. Chairman Alderson wanted to verify the Commission was considering a continuation of two weeks while the original conditions of approval were verified and to consider any changes to the fountain per Commissioner Wilkinson's comments. Commissioner Quill said regardless of the conditions he would like to pull the minutes from that original meeting as a reminder of what was decided. Planning Director Les Johnson said staff would research the original approval and include a copy of the minutes from that meeting for the next meeting. Chairman Alderson said since time is not of the essence he would like to see this matter cleaned up before it goes to Council for approval. Commissioner Barrows wanted to clarify she would be supportive of Commissioner Wilkinson's suggestion about the water feature. She referenced to Condition No. 38, which referred to the landscaping plans. 35u% P:\Reports - PC\2008\6-10-08\PC Minutes 5-27-08.doc Planning Commission Minutes May 27, 2008 She added if those still needed to be submitted to the Planning Department and CVWD, it would be based upon the time the approval was made. Planning Director Johnson said with regards to the water feature it was a city -imposed feature, but CVWD would look at these with the new criteria. CVWD's provisions have changed and they may be more stringent. Commissioner Barrows asked if they had gone through the CVWD plan check process and staff replied no as far as they knew. Commissioner Barrows asked if there were bicycle racks in this project. She said that is a feature that should be encouraged. Commissioner Quill said that subject had been discussed in the original meeting. There being no further questions of staff, Chairman Alderson asked if there were any applicant representatives or comments. There being none, he asked if there was any public comment. There being no public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. Commissioner Quill said they do like the building but made a motion to continue the item for two weeks to allow staff more time to research this project and the prior approval. There being no further discussion, it was moved and seconded by Commissioners Quill/Barrows to continued Village Use Permit 2005-032, Extension No. 1, to the meeting of June 10, 2008. ROLL CALL: AYES: Commissioners Barrows, Engle, Quill, Wilkinson, and Chairman Alderson. NOES: None. ABSENT: None. ABSTAIN: None. B. Sign Application 2003-735 Amendment No. 3; a request of PD Sign Company for La Quinta Valley Plaza for consideration of a Sign Program Amendment for Permanent Business Signage for La Quinta Valley Plaza located on the north side of Highway 111 between approximately 100 feet from Dune Palms Road. Chairman Alderson opened the public hearing and asked for the staff report. Assistant Planner Yvonne Franco presented the information contained in the staff report, a copy of which is on file in the Planning Department. OUP P:\Reports - PC\2008\6-10-08\PC Minutes 5-27-08.doc 4 Planning Commission Minutes May 27, 2008 Chairman Alderson asked if there were any questions of staff. Commissioner Engle asked if the panels were only in red panels or did the color vary. He also asked if the change was only for the monument. Assistant Planner Franco referred to the exhibit and said it was just for the cabinet. She said the applicant originally asked for eight signs but staff recommended six. Commissioner Barrows asked if the monument sign allowed for the placement of the center name and three tenants signs on each side for a total of six as referenced in Attachment 3. Staff replied yes. Planning Director Johnson referred to the Power Point slide which showed six of those proposed instead of eight and the upper two would be a smaller size and the center id would remain. Chairman Alderson asked if there was an example of what staff proposed. Planning Director Johnson replied they did not have an exhibit but staff was recommending the plaza id be put on the top and six tenant signs be included on each side instead of eight. Commissioner Barrows wanted to clarify there were six tenants total on each side. Staff replied that was correct. There being no further questions of staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr.Tad Black with Sign-a-rama located at 41-945 Boardwalk Street, Palm Desert, introduced himself and said he was available to answer any questions. Chairman Alderson asked if he had any comments regarding the presentation. Mr. Black commented the Center's interior clients have no visibility and need to have their names added to the monument sign. Commissioner Wilkinson asked if the monument was limited to six tenant signs was it really necessary for the Center id to utilize two sign spaces. Mr. Black said not all tenants would be able to have their information on the monument sign. It would dramatically increase the visibility of the monument sign that is currently there. Ultimately they are looking for all the tenants to be included on the sign, but that was not staff's recommendation. bra P:\Reports - PC\2008\6-10-08\PC Minutes 5-27-08.doc 5 Planning Commission Minutes May 27, 2008 Commissioner Wilkinson asked if the intent of the sign was not to allow all of the tenants to have their name on the sign. Mr. Black replied that was correct. Chairman Alderson said he had a couple of observations which were: 1►. The monument sign was very hard to read. He had discussed this with staff and asked them if there was any way more signage could be added. He said if there was anything the City could do to help they should do it. 2) He did not think they should remove the "Valley Plaza" name because people want to identify it as a location. He asked staff if there was any way to help this applicant create a better and more functional sign to help promote this commercial center better than the current proposal. Commissioner Engle said the reason the "Valley Plaza" portion of the sign was difficult to read was because the spacing was too tight and there was not enough contrast. He suggested the applicant set the identification on top and add more space to the letter. You would then have a better picture of the "Valley Plaza" identification. He agreed the tenants, in that center, needed the exposure. He said it was good there was a little variation in color as it made the names stand out. Chairman Alderson asked if the individual tenant letters were current as large as the code allowed. Mr. Black said on the current sign cabinet would have to be re -configured to accommodate larger individual panels. The design is requested to be a little more consistent, but the tenants would be very open to have more color. Even if they were smaller they would be more visible. Chairman Alderson asked if there was any reason why the Valley Plaza monument sign could not be on the masonry column, adjacent to the sign structure, and use the sign for the tenants only. Planning Director Johnson said the code does limit the sign to 50 square feet per side. The sign face excluding the decorative stone trim is at 50 square feet or close to it. If it were added to the stone it would exceed the limit. Commissioner Quill asked if the 50 square foot maximum was because they did not have a sign program. He also wanted to ask if the Commission could make modifications to this limit. Staff replied the 50 square foot maximum, for monument signs, has been strictly adhered to. P:\Reports - PC\2008\6-10-08\PC Minutes 5-27-OB.doc 6 Planning Commission Minutes May 27, 2008 Chairman Alderson said he recalled the Commission had given applicants tremendous allowance for overage on some of the sign boxes previously brought before them. Staff said allowances have been made for corporate signs, but the monument sign requirements have been strictly adhered to. Commissioner Engle asked the applicant if it was imperative to have the "Valley Plaza" portion of the sign illuminated. Mr. Black said no. Commissioner Engle suggested the applicant put some flat cut out letter below the cornice and just put it on top. That way the Center would get its identification everything else could be lit and you could offer that. exposure. Mr. Black asked if he meant in a lighter color. Commissioner Engle said put it in a contrasting color, space it, contrast it, and it would be easier to read. It would appear the landlord would probably make an allowance for more signage since he wants the tenants to be successful. Commissioner Engle said if you just put something on top, just below that cornice up on top and just some individual letters to identify the center. It is imperative to keep the color consistency and he pointed to Papa Dan's and Club Achilles as examples. Chairman Alderson reiterated what Commissioner Engle had said in that he proposed take the "Valley Plaza" lettering, clean it up and make it more distinctive, remove the logo above, slide it up to the top of the sign then take the area remaining and put in six tenant signs as large as the Code would allow. Commissioner Engle said that was correct. He said he would just "scrap" the Valley Plaza ID; unless the landlord needed it. He referred to the portion that says "La Quinta" and said that type of letter is a flat cut out letter. He said scrap "Valley Plaza". Get rid of that and use the words "La Quinta". You could put "La Quinta Valley Plaza" all the way across the top and what they'll do is make that portion down below the new type of lettering. The tenant panels would have a variation of color. Commissioner Engle asked if they were going to change the monument sign on Corporate Drive. Mr. Black said there was currently no plans to change that sign. Chairman Alderson asked if the sign contractor was available. Mr. Black said that was him. 5uu P:\Reports - PC\2008\6-10-08\PC Minutes 5-27-08.doc 7 Planning Commission Minutes May 27, 2008 Chairman Alderson asked if staff had any problems with any of the suggestions. Staff said no, as long as they stay within the allowable square footage. Chairman Alderson asked if there were any more applicant representatives or comments. There being none, he asked if there was any public comment. There being no further public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. Commissioner Engle said to keep the sign low maintenance, the background color should be consistent for all the tenants much as possible. There being no further discussion, it was moved and seconded by Commissioners Barrows/Engle to approve Minute Motion 2008-011 approving Sign Application 2003-735, Amendment No. 3, as amended: a. Background colors be consistent for all tenants. b. Use flat letters for La Quinta Valley Plaza C. Put the corporate identification at the top of the sign d. Use better spacing for the corporate identification Unanimously approved. C. Environmental Impact Report 2005-560 and Tentative Tract Map 33848; a request of David Maman Designs for consideration of a Draft Environmental Impact Report (SCH#2007021060) and Subdivision of 4,8± Acres into 12 Single -Family Residential and Miscellaneous Lots, Located on the south side of Avenue 58, approximately 510 feet west of Monroe Street. Chairman Alderson opened the public hearing and asked for the staff report. Principal Planner Andy Mogensen presented the information contained in the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. P:\Reports - PC\2008\6-10-08\PC Minutes 5-27-08.doc 8 Planning Commission Minutes May 27, 2008 Commissioner Quill had questions of staff regarding how the applicant was dealing with the differences in grading levels between the two subdivisions. He also asked if staff had the previous drainage plans. Staff replied the largest difference would be one to one -and -a -half feet. If this tract is constructed after Tentative Tract 33717, the applicant would have to deal with the retaining wall. Commissioner Quill asked if there would be a slope easement issue. Staff replied said this is a condition found on other projects. This is not a substantial difference. Chairman Alderson asked which was higher. Staff said this tract was higher. Commissioner Quill asked if the City could have done an Environmental Assessment, instead of an Environmental Impact Report (EIR) for this property or was that triggered by the Historic Preservation Survey. He added since this is only a 12-unit subdivision was an EIR absolute necessity or did the City request it. Nicole Criste, the Consulting Planner, said the City was required per CEQA to do this. At the time the first archaeological/historical resource study was prepared it identified the home as a potentially significant historic resource. There was a second follow-up resource study that was done which determined the initial site study needed to be altered and answered a lot of the questions not answered in the first study. So, at the time that we would do our initial environmental check to determine the level of significance of any project that the standards established in CEQA triggering the need for an environmental impact were met. She also added that she had received several non -substantive form letters on this project and the EIR would be modified to include the comments of the Ramona Band tribal monitor request. Commissioner Quill said he was dumbfounded the Ramona Band was the only tribe to reply to the Draft EIR Request for Comments. He thought the local tribes should be involved, but only the Ramona Band had responded. Commissioner Quill asked if the HABS HAER research was done as a mitigation measure to record all the details of the structure because it would be demolished. He asked who would be keeping those records. Mrs. Criste replied they would be curated at the La Quinta City Museum. P:\Reports - PC\2008\6-10-08\PC Minutes 5-27-08.doc b A 9 Planning Commission Minutes May 27, 2008 Commissioner Quill commented this is a 12-lot subdivision that ends in a cul de sac; pointing out that you have to leave the subdivision and go into another gate to reach the subdivision next to it. He said this plan was reflective of the fact that we fail to do connectivity along Avenue 58. He did not know what we can do about creating these enclaves without connecting them. We need to look at pedestrian, and bicycle connections. He stated that we need to look at safe access and to include that in our plans. He referred to the aerial showing the two subdivisions next to each other. These is a 40 acre parcel between Andalusia and Monroe Street. Someday there will be one that will be a single row street along Almonte and behind the subdivisions there will be opportunities to create the same. There will be a 40 acre residential parcel with possibility of 5 subdivisions which will have to drive to Monroe street to get to the other. He said that there is something wrong with that picture. Planning Director Les Johnson responded with the new provisions requiring 20,000 square foot lots would encourage consolidation, better design and higher yield. This application pre -dated those conditions. Commissioner Quill said the Commission should be looking at future connectivity. They should be recommending the provisions for a prohibition against development and an easement, at the end of the cul de sac, for connection to a possible development to the south. If development does not occur the easement can be removed. This would place a reservation on the property for future access for a residence, or trails access. The issue everyone is concerned about is security, but the idea of connectivity certainly isn't pervasive in our thinking yet and we need to get there. Chairman Alderson asked if Commissioner Quill wanted to discuss the easement issue a little further. He wanted to know if Commissioner Quill was proposing creating an easement that could be utilized sometime in the future to allow access from the cul de sac to the south. Commissioner Quill interjected it could even be east or west; some way to connect future developments to this development. He said there has been a mentality of privacy and security and it does not accomplish that as much as it increases costs and HOA dues. This small subdivision will have substantial costs to maintain a gate. Pedestrian, bicycle, trail access between subdivisions are something we should think about. We need to preserve easements even if it is between lots. We could even consider the area between the lots near Avenue 58 which could be 5 A P:\Reports - PC\2008\6-10-08\PC Minutes 5-27-08.doc 10 Planning Commission Minutes May 27, 2008 connected to Tentative Tract 33717. He suggested the Commission consider these things since ultimately development would occur all around the entire 40 acres and connecting them up would make sense. Chairman Alderson commented the two site plans shown side by side was really helpful. Principal Planner Andrew Mogensen replied both plans were drawn by the same engineer and on the same scale. Chairman Alderson asked Commissioner Quill if he had additional comments regarding the easement and he replied he would hold further comments until all the Commissioners had made comments. Staff pointed out there was an easement at the south end of the property. Chairman Alderson replied that was a utility easement. Commissioner Wilkinson said there was an issue of retention not working across the street. He spoke with staff earlier about the retention in Tentative Tracts 33717 and 33848 their overflows. He asked if the overflow would go into the street. Staff said yes. He mentioned the stand pipe across the street. Staff was not sure if that had been repaired. Commissioner Wilkinson wanted to make sure all these hydrology issues were taken into consideration and looked at. Commissioner Quill said he had heard from a resident, in the area, that the stand pipe was being repaired. Commissioner Wilkinson said there is no percolation in the soil and was it engineered large enough for all the issues that previously occurred in the project across the street. Staff replied they were aware of it. Planning Director Les Johnson said plans showed a Maxwell system. Preliminary hydrology had been made by Public works and there were nine conditions addressing this. Commissioner Barrows asked if the landscaping plans would come back to the Commission and how the landscaping of a retention basin fit into the new water efficient landscaping requirements. Staff said the landscaping would come back to the Commission. He suggested the Commissioners wait for the landscape plans from the applicant. Commissioner Barrows wanted to encourage the applicant to use water efficient landscaping in the retention basin. Commissioner Barrows also commented on Commissioner Quill's concerns about easement and connectivity. Staff said the matter could be discussed during Commissioner Comments at this, or a later meeting. PAReports - PC\2008\6-10-08\PC Minutes 5-27-08.doe 11 Planning Commission Minutes May 27, 2008 Chairman Alderson asked about the location of a manhole cover. Principal Planner Andy Mogensen replied the current location for the manhole cover was only a suggestion. Chairman Alderson asked why we are bonding the split rail fence as opposed to just building it. Staff replied the Agrarian Image Corridor requires a split -rail fence which would be an improvement to the subdivision and would be included in the bondable items; i.e., street improvements. There being no further questions of staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. David Maman, 475 South La Pere Drive, introduced himself and said he was available to answer any questions. Mr. Maman said the pedestrian access comments were very interesting. He was concerned about the future of his project with reference to the a condition be required for connectivity. He said it could be an interesting element for the neighborhood if his neighbors would be as accommodating as he. Chairman Alderson asked if he was referencing the connectivity of the two projects since they would only be dedicating a small area on lots 7 and 8. Mr. Maman replied he was all right with it as long as it didn't limit them from doing something else. He wanted to discuss this concept with his partner. Chairman Alderson asked if he was able to discuss the historical mitigation measures with the Commission. Mr. Maman said he was not that familiar with it, but had been restricted by those measures for three years. He said once they received information the structure was unsafe they had to have the tenant vacate the property. They could not fix it, they could not destroy it, but they were liable. Commissioner Wilkinson said he was involved in the restoration of the Patton house in Indio and realizes this situation can be very complicated. Robert White, P O Box 180, Sun City, representing Archaeological Associates, cultural and paleontology consultants to David Maman. They prepared the initial and the follow-up studies, as included in the EIR. Jil PAReports - PC\2008\6-10-08\PC Minutes 5-27-08.doo 12 Planning Commission Minutes May 27, 2008 Chairman Alderson said there are two groups scheduled to do historical work on this; Historical American Building Survey and Historical American Engineering. He asked if these firms would be preparing video tapes. Mr. White said they are basically sister programs. They are essential federally -based programs designed to record historical properties for the federal register. In California we adopt this as a mitigation measure following the federal guidelines to the best of our ability. Very fixed standards on photos, drawing and video recordation, 35 mm you must photograph the building using a large format camera and described the different types of materials used. The whole idea is to produce a record that will withstand the passage of time. On the Federal level most of this is administered through the National Parks Service in San Francisco and the ultimate repository would be the Library of Congress. The City will be the ultimate owner of these documents (originals). Basically the HABS Haer has three components: photography, engineering record, and written study of what was learned. He explained the detail of all the components and how the work would be done. Chairman Alderson asked if both these surveys were a part of the conditions of approval for this project. Mr. White replied yes. Commissioner Barrows said the uniqueness of this structure was characterized in the report. She asked is this adobe unique as compared to other adobes in La Quinta. Mr. White said the City has an inventory of adobes. There are not as many left as there were because it was never the preferred building method to begin with. Commissioner Barrows said there are not many left. Mr. White said two doors down there is one in very good condition. Mr. White went on to describe the lintels, bevels, and other architectural features unique to the subject adobe. They surmise that the same architect may have built both places, but they're unable to document it. Chairman Alderson asked if there were any more applicant representatives or comments. There being none, he asked if there was any public comment. There being no further public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. P:\Reports - PC\2008\6-10-08\PC Minutes 5-27-08.doc 13 Planning Commission Minutes May 27, 2008 Commissioner Quill wanted to discuss about the subject of connectivity. He asked the slide be put up comparing the two developments side by side (Tentative Tracts 33717 & 33848). He asked if the other adobe structure was on Almonte Street. Almonte Street is the back door entrance into the Andalusia's sales office. He assumed this is a private road with easement to the various owners adjacent to it. He said every new smart growth conference he goes to goes back to standard block layouts emphasizing pedestrian usage. Here is a block of 40 acres and the City can't dictate any easements for connectivity. Commissioner Quill said this is the perfect opportunity from Monroe Street back to Almonte Street to be able to get to a trail and if there is an existing easement that kind of thinking could really be helpful. He said if they had looked at the whole 40 acres it would have been helpful. The only thing they could do now was ask the applicant if they would be willing to make an access easement. He asked staff to look up easements to see if there is a future thought process as other applications come in to look at the connectivity since Tentative Tract 33717 would be coming back for a renewal. Assistant City Attorney Michael Houston said if the Commission was considering matters relating to another tract map, that would have to be addressed later. Commissioner Quill said the Commission should think through the 40 acre parcel before going on to the next subdivision to see if there is any potential for connectivity. Planning Director Les Johnson said if the Commission considers the easement identified as a lettered lot it would retain its privacy, be delineated on the map, and be dedicated to pedestrian linkage. Commissioner Quill said, as a property owner, he would want the simplest reservation possible to allow that to go back to the adjacent lots if it did not happen. He said if you make it a lettered lot it's harder to go back to the adjacent lots. Making it an easement would prohibit building and the developer could take it back. Staff had two questions; 1). who would the easement be granted to and, 21. how would the language be worded since it should not state "for public purpose" as this is a private development. Chairman Alderson said they already talked to the landowner and he had no problem with doing this. He asked if the Commission was going to 513 P:\Reports - PC\2008\6-10-08\PC Minutes 5-27-OB.doc 14 Planning Commission Minutes May 27, 2008 implement this easement issue as a condition of approval and move forward. Assistant City Attorney Michael Houston said if the action taken tonight is to make a recommendation to the Council, and the desire were to impose this sort of structure it could be done. Then if the applicant needed the time to talk to his partners he could do that in the time between this meeting and the Council meeting. He added regarding Commissioner Quill's proposal, about having the property go back to a residential development, the lettered lot seemed to make more sense from a legal standpoint because the issue would become who is the easement granted for the benefit of. If it is going to be granted to the benefit of the City you are tacking on a right the City may have to enforce something on the end of a private street which conceptually may be a little difficult. If you create a lettered lot you could have it for open space access and recreation purposes and tie a condition to the tentative map. If an adjacent owner develops to the south that applicant would work with those owners to facilitate connectivity. The only downside is it would ultimately be a lettered lot. Commissioner Quill asked if the lettered lots were added on the tentative map and it didn't work out could they (under substantial conformance) eliminate the lettered lot without coming back to the Commission prior to final recordation. Assistant City Attorney Michael Houston said that was certainly a determination that could be put in the record. Commissioner Quill said it would be ridiculous for them to come back for approval of removal of the lettered lot if the removal was deemed appropriate by staff. It could then be a substantial conformance and at the recordation of the final map the lettered lot could just disappear and the owners of those two property owners would receive the extra property. Planning Director Les Johnson said the only difficulty would be we have no idea when the property to the south would come in for an entitlement action. Commissioner Quill said the second part of the equation is have the Commission direct staff to look at the rest of the 40 acres and if you think you can come up with a scheme and it makes sense to have some kind of an easement for trail purposes at the back of those subdivisions there, then you're going to have your direction and you're going to know how to treat future maps and you're going to want to keep the lettered lot there. If you come back and say that's a stupid idea and that's not going to work, then we can remove the lettered lot and you can give them a substantial conformance and they can record their final map. Staff said it does put a placeholder in for staff to do the additional research to see if this is possible. P:\Reports - PC\2008\6-10-08\PC Minutes 5-27-08.doc 15 Planning Commission Minutes May 27, 2008 Commissioner Quill said that's all he wanted, was a placeholder, but he wanted it to be the least onerous procedure to the owner. There being no further discussion, it was moved and seconded by Commissioners Barrows/Quill to approve Resolution 2008-015 approving Environmental Impact Report 2005-560, as recommended. ROLL CALL: AYES: Commissioners Barrows, Engle, Quill, Wilkinson, and Chairman Alderson. NOES: None. ABSENT: None. ABSTAIN: None. There being no further discussion, it was moved and seconded by Commissioners Barrows/Quill to approve Resolution 2008-016 approving Tentative Tract Map 33848 with amendments as follows: a. Staff identify a mechanism, perhaps a lettered lot, to provide for an open space and/or access easement at the terminus of the cul de sac to the south and investigate the potential for access along the southern boundary of the subdivision which could tie into other parcels by whatever mechanism staff deems appropriate. ROLL CALL: AYES: Commissioners Barrows, Engle, Quill, Wilkinson, and Chairman Alderson. NOES: None. ABSENT: None. ABSTAIN: None. VII. BUSINESS ITEMS: None Vill. CORRESPONDENCE AND WRITTEN MATERIAL: Discussion of League of California Cities and Planning Commissioner Training brochure included in packet. Staff was making this available to the Commission for general information as a recommendation, but not sponsorship. If the any of the Commissioners have an interest in attending the functions there are to advise staff. Staff added they did not want financial considerations to be a deterrent for attendance. IX. COMMISSIONER ITEMS: A. Review of City council meeting of May 6, 2008. Chairman Alderson gave a brief overview of the City Council meeting of May 6, 2008 and referenced his addition of Item D. P:\Reports - PC\2008\6-10-08\PC Minutes 5-27-08.doc 16 Planning Commission Minutes May 27, 2008 B. Discussion regarding Commission summer meeting schedule. Staff pointed out that Council has taken action to go dark August 19, 2008, and may also go dark September 2, 2008. Chairman Alderson said the Commission usually goes dark one night only and if they go dark on August 12 there wouldn't be any items for the Council meeting of August 29, 2008. Commissioners agreed to go dark on August 12, 2008. Staff commented they are currently working on the annual budget. The Council will have a meeting on the June 19, 2008, and if the Commissioners are interested in finding out more with next year's budget, they should attend. C. Discussion of the Capital Improvement Program Information Chairman Alderson said the Commissioners should be receiving the Capital Improvement log of events. He requested the Commissioners begin receiving copies of these as they outline issues and dates on a monthly basis. The report shows things that are under construction. Staff added if they Commissioners don't receive their monthly copy please let,them know. D. Council Call -Up of Arnold Palmer Project. Chairman Alderson said, with reference to the Arnold Palmer project, the Council had two areas of concern: 1) parking and some dangerous pedestrian conditions and, 2) the neighbors concerns about future development. There was extensive discussion and ultimately the Planning Commission's decision was upheld. One additional condition was made to change the valet parking, in front of the restaurant, to general parking. This should help alleviate the parking concerns with people parking in the street and crossing the street. Also the neighbors' development agreement was resolved between the neighbors, on their own. Staff commented the new Council condition added 29 stalls in front of Palmer's entrance to be used as general public parking. That was a good move as the concern was to provide another parking option rather than on the fronting street. S-n PAReports - PC\2008\6-10-08\PC Minutes 5-27-08.doe 17 Planning Commission Minutes May 27, 2008 E. Additional Discussion Items. Commissioner Quill requested the staff take a look at the previously discussed 40 acres and come back with information on access easements to see if there's any opportunity which might be advantageous to future plans of a neighborhood concept on the 12 lots. Staff said they would look into public record information and would get back to the Commission by the next meeting, if possible. Commissioner Barrows wanted to broaden the discussion about the Planning Commission Training information given to the Commissioners regarding transportation planning for livable communities. I think we had tried to look at the same sort of issues regarding the Highway 111 corridor. She wanted to know if staff could direct them to some references that could give some background information. Commissioner Quill mentioned Mr. Ron Snyder was working on a Cal Trans grant to do a walkable communities survey in Mecca in the Moving Mecca Forward Plan. His presentation will be at 6:00 on June 11, 2008 if any of the Commissioners are interested. Commissioner Barrows commented Mr. Snyder did a Non -Motorized Trails Plan for CVAG a few years earlier. Staff commented that one of the items planned for discussion, at the next Commission meeting, was to have a work session after the agenda items. The work session will reference the programs the Commission will be working on in 2009. It will be an opportunity for open dialogue and the Commissioners can certainly discuss walkability items, as well as any additional items or discussion points you may want to discuss at that time. Staff said it would be an opportune time to discuss the Commission's concerns for 2009. Commissioner Barrows said it sounded great and referenced the Green and Sustainable program discussed at the Council. She would be interested in discussing those items. Staff said Council approved the Green and Sustainable Program at their last meeting. Staff then discussed how the program was to be directed within the various departments and what programs are currently on -going and will provide the Commission with additional information at the next meeting. 517 P:\Reports - PC\2008\6-10-08\PC Minutes 5-27-08.doc 18 Planning Commission Minutes May 27, 2008 Chairman Alderson asked if the discussion would be an agenda item at the next meeting. Staff replied yes. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Barrows /Quill to adjourn this regular meeting of the Planning Commission to the next regular meeting to be held on June 10, 2008. This regular meeting was adjourned at 9:18 p.m. on May 27, 2008. Respectfully submitted, Carolyn , alker, Executive Secretary City of L Quinta, California J A 1 P:\Reports - PC\2008\6-10-08\PC Minutes 5-27-08.doc 19