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2008 10 21 CCe4 4 4vatba City Council agendas are available on the City's web page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting TUESDAY, OCTOBER 21, 2008 3:00 P.M. Closed Session / 4:00 P.M. Open Session Beginning Resolution No. 2008-064 Ordinance No. 460 CALL TO ORDER Roll Call: Council Members: Henderson, Kirk, Osborne, Sniff, and Mayor Adolph PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Pleasecomplete a "request to speak" form and limit your comments to three minutes. CLOSED SESSION NOTE: Time permitting the City Council may conduct Closed Session discussions during the dinner recess. In addition, persons identified as negotiating parties are not invited into the Closed Session meeting when acquisition of real property is considered. 1. CONFERENCE WITH CITY'S REAL PROPERTY NEGOTIATOR, DOUGLAS R. EVANS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED ADJACENT TO LA QUINTA PARK ON WESTWARD HO DRIVE APN: 604-460-045. PROPERTY OWNER/NEGOTIATOR: LAWRENCE M. CHANK. City Council Agenda 1 October 21, 2008 001 RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. 4:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CONFIRMATION OF AGENDA PRESENTATIONS 1. SAFE TEAM PRESENTATION. WRITTEN COMMUNICATIONS — NONE APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF OCTOBER 7, 2008. CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. 1. APPROVAL OF DEMAND REGISTER DATED OCTOBER 21, 2008. 2. RECEIVE AND FILE TREASURER'S REPORT DATED AUGUST 31, 2008. 3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED AUGUST 31, 2008, AND INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING SEPTEMBER 30, 2008. City Council Agenda 2 October 21, 2008 002 4. APPROVAL OF FISCAL YEAR 2007/2008 CITY OF LA QUINTA DEVELOPMENT PROJECT FEE REPORT. 5. DENIAL OF CLAIM FOR DAMAGES FILED BY MARICELA CISNEROS CASAREZ - DATE OF LOSS: JUNE 19, 2008. 6. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE IMPROVEMENTS FOR TRACT MAP 30092, PIAZZA SERENA, K. HOVNANIAN FORECAST HOMES, INC. 7. ACCEPTANCE OF DEDICATIONS FOR EASEMENT FOR 1) PUBLIC UTILITY/SIDEWALK/EMERGENCY ACCESS, AND 2) PUBLIC STREET AND UTILITY PURPOSES FROM ST. FRANCIS OF ASSISI CATHOLIC CHURCH, ALONG WASHINGTON STREET. 8. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP 35900, DAVID CHAPMAN INVESTMENTS, LLC. 9. ACCEPTANCE OF OFFSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 31379, LEGACY VILLAS, CENTEX HOMES. 10. APPROVAL OF FISCAL YEAR 2007/2008 CITY OF LA QUINTA ART IN PUBLIC PLACES ANNUAL REPORT. 11. APPROVAL OF A REQUEST BY THE COUNTY OF RIVERSIDE PLANNING COMMISSION TO UTILIZE THE COUNCIL CHAMBERS FOR PUBLIC HEARINGS ON FEBRUARY 18, APRIL 29, JUNE 10, SEPTEMBER 16, AND NOVEMBER 18, 2009, FROM 8:00 A.M. TO 5:00 P.M. 12. APPROVAL TO APPROPRIATE FUNDING AND AWARD A CONTRACT TO COOLEY CONSTRUCTION, INC., IN THE AMOUNT OF $1,127,959 TO CONSTRUCT THE FRED WARING DRIVE STREET IMPROVEMENTS, PROJECT NO. 2007-06. 13. APPROVAL OF A REQUEST BY STAFF FOR CORRECTION OF A CLERICAL ERROR TO THE CITY'S GENERAL PLAN LAND USE MAP AND OFFICIAL ZONING MAP WITH REGARD TO THE LAND USE AND ZONING DESIGNATION FOR APPROXIMATELY 15 ACRES OF PROPERTY LOCATED GENERALLY WEST OF AVENIDA OBREGON AND SOUTH OF AVENIDA FERNANDO. •• 003 City Council Agenda 3 October 21, 2008 BUSINESS SESSION 1. CONSIDERATION OF CIVIC CENTER CAMPUS VETERANS ACKNOWLEDGEMENT AREA APPLICATIONS. A. MINUTE ORDER ACTION STUDY SESSION - NONE 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) 6. C.V. CONSERVATION COMMISSION (SNIFF) 7. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (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. INVESTMENT ADVISORY BOARD MINUTES DATED AUGUST 13, 2008 20. ARCHITECTURE & LANDSCAPE REVIEW COMMITTEE MINUTES DATED AUGUST 6, 2008 21. PLANNING COMMISSION MINUTES DATED AUGUST 26 AND SEPTEMBER 9, 2008 1104 City Council Agenda 4 October 21, 2008 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS B. UPDATE ON GREEN AND SUSTAINABLE PROGRAM 2. CITY ATTORNEY 3. CITY CLERK A. UPCOMING EVENTS AND CITY COUNCIL CALENDAR 4. BUILDING & SAFETY DEPARTMENT REPORT FOR SEPTEMBER 2008 5. COMMUNITY SERVICES DEPARTMENT REPORT FOR SEPTEMBER 2008 6. FINANCE DEPARTMENT REPORT - NONE 7. PLANNING DEPARTMENT REPORT FOR SEPTEMBER 2008 8. PUBLIC WORKS DEPARTMENT REPORT FOR OCTOBER 2008 9. POLICE DEPARTMENT REPORT SEPTEMBER 2008 10. FIRE DEPARTMENT QUARTERLY REPORT MAYOR'S AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING CODE COMPLIANCE. (COUNCIL MEMBER OSBORNE). RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7:00 P.M. PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. PRESENTATIONS — NONE PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project. If you challenge a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. City Council Agenda 5 October 21, 2008-• 005 1. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION AND ORDINANCE FOR GENERAL PLAN AMENDMENT 2008-117 AND ZONE CHANGE 2008-137, APPROVING A CHANGE IN LAND USE AND ZONING FROM PARKS AND RECREATION TO TOURIST COMMERCIAL FOR A .32-ACRE PARCEL LOCATED AT THE SOUTHEAST CORNER OF WASHINGTON STREET AND MILES AVENUE. APPLICANT: CITY OF LA QUINTA. A. RESOLUTION ACTION B. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY C. INTRODUCE ORDINANCE NO. ON FIRST READING 2. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION AND ORDINANCE FOR GENERAL PLAN AMENDMENT 2008-114 AND ZONE CHANGE 2008-134, APPROVING A CHANGE IN LAND USE AND ZONING FOR THREE EXISTING SCHOOL SITES AND A COMMUNITY FACILITY. APPLICANT: CITY OF LA QUINTA. A. RESOLUTION ACTION B. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY C. INTRODUCE ORDINANCE NO. ON FIRST READING ADJOURNMENT The next regular meeting of the City Council will be held on November 4, 2008, commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Veronica Montecino, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of October 21, 2008, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 111, on October 17, 2008. City of La JTECIN , City Clerk California City Council Agenda 6 October 21, 2008 ,. r006 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. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. City Council Agenda 7 October 21, 2008 F w� GF`h OF'r9 COUNCIL/RDA MEETING DATE: October 21, 2008 ITEM TITLE: Demand Register Dated October 21, 2008 RECOMMENDATION: Approve Demand Register Dated October 21, 2008 BACKGROUND: Prepaid Warrants: 79938 - 799661 79967 - 799701 79971 - 800031 Voids} Wire Transfers} P/R 35474 - 35489) P/R Tax Transfers} Payable Warrants: 80004 - 80148) FISCAL IMPLICATIONS: Demand of Cash - City q� Demand of Cash -RDA A-4 m I John M. Falconer, Finance Director 58,712.31 1,780.00 111,002.17 (5,130.00) 1,030,255.38 238,571.22 66,310.94 1,242,731.54 $2,744,233.56 $1,978,860.41 $765,373.15 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING z` CITY OF LA QUINTA BANK TRANSACTIONS 10/01/08 - 10/14/08 10/01/08 WIRE TRANSFER - DEBT SERVICE 10/01/08 WIRE TRANSFER - PERS 10/03/08 WIRE TRANSFER - PERS 10/03/08 WIRE TRANSFER - ICMA 10/03/08 WIRE TRANSFER - HEALTH PREMIUM 10/06/08 WIRE TRANSFER - TICOR TITLE CO 10/06/08 WIRE TRANSFER - LANDMARK TOTAL WIRE TRANSFER OUT $533,260 00 $2,540.23 $59,837 99 $10,501 A6 $96,989 44 $103,000 00 $224,126.26 $1,030,255.38 009 q W �r1 NZ 1 N O 1 W 1 p'.MO 1 (p 101 S 1 a OQ1 d �rz I I LLa I W S I I 1f1 If1 o O N N O o mm� M1 b0Ill Ill b o O O O O O O O O o N N Y P P O o M M o O P.•IM1 m bIl1M1M1 b b b mo m om III o e N N ur W Z I III I-1 M1 M1 M M M1 M1 .i OIII M1 M100P N M M b0 b ON N o o M1 M1 I uo 1 'I IN M1 0 P P b b b�tO IN POmw �t N b' NO N m. .I U0 1 N N M M .+ .•1 M M rl N N N.�Ib M N N N M b Mgt M1 b b S I ^ 0.0m N Ill P b I � m O I O I N � I rl O I W I r � M MI Ik W, i Mt M( M( MI III 'At Y J J J J J zzzz J J J J J J U a a a a a .0000 F F F F F F Z O O O O O NNNN O O O O O O r U r r r r N r W W W W r r r r N N r r r y W mono S W W J Z I a 0 a 0 Q O O W W W W a 0 d 00 0 on O 0 a O m 0. d' 3 O O S O NNNN 0 0 SS 0 O O 0 O z z v Jo rl I a W Z Z Z 0000 = d' Z 00 Z dd Z Z Z Qo r 1 W W Z W W U W 30iC W 0000 W O W UU W r1 lr W W J W >N Zd I fD > W > N > > > dJ > ZZSZ > r > JJ > ZS > > > O\ W I d' W N a K m m m m U Q Q 00 W d.� rwU. 1 y rl d'- JJJJ O KK J d .•1 1-1U 1 r r J S WMCI K OW W z WW U d\ I NI W Z d K ar 00 mm mrl QO I W I LL H d Q d' <3 KKd' N 00 SZ WLL S .1 q1 Q Q J wNwZ JJ WW W W W N Z N Q d'ZN Or1 mm SS K > d' �LL r0 o M N e NNb M1M1M1M1 M m MM m o tl1Ov e000 �1 OM o0 0 �T ZQ 1D M �D .1 bbM 1I11IlNN M bb MM O M W Nlfly MMMM M MM mm M1 V d .. w M .1Mm .+ .IIIIIIm m M M N .•I M N 1I1 �+ IIIIII IIl 1 v 1Il v v vvm mIII IIIO I Z O e o o eoo M1M1M1M1 a Ill 111 mo 0 0 q0 o e o 0 00o M1M1M1M1 a eo eo e e oz 1 M1 o e M M1r e .......+ M In u1 bb M e u U .1 N m .'1 .'1 .1 .O .� .'1 .•I .y .� I Q O O .•1 O Oo0 0000 O 00 00 O O .y W N .I .I .1 N �t �t �t V .+ Ir .� .I .r .•1 IIl tl{ ' W m m m m mom Wmmmm m mm mm m m O O O Ooe 0:0000 O 00 00 O O q W I o o O o O o O O o O O O o o O o O O o I \ r 1 N N N N N N N r N N N N N N N Z N N N N U Q 1 \ \ \ \ \ \ \ U \ \ \ \ \ U \ \ O \ \ \ \ U q 1 W .'I .'I .'I .•i .^ r .•I N N1 \ I"I rl .1 '1 r r1 N .+ .•I \ \ \\\ I -I\\ u \ \\ a\\ \ \ I O o 0 0 0 0 0 2 0 o e o o N e o Ir o P o 0 N .'1 .r .y .1 .i U .'I .1 .•I .-I .y W .r 11 U .'� O ."1 '1 Y r U d N O y O O U O N O Z O O e Q O O O O O N. 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BACKGROUND AND OVERVIEW: BUSINESS SESSION: CONSENT CALENDAR: d-- STUDY SESSION: PUBLIC HEARING: Receive and File Transmittal of Treasurer's Report dated August 31, 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. Respectfully submitted, �A +tXt64W� M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Treasurer's Report, City of La Quinta 056 N I 1 M%1"IIV9L.1• r r T4ht 4 @4� 09&ro MEMORANDUM TO: La Quints City Council FROM. John M. Falconer, Finance Director7Treasurer SUBJECT, Treasurer's Report for August 31, 2008 DATE September 30, 2008 Attached is the Treasurer's Report for the month ending August 31, 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 Sold/Matured Other Ending Change Cash (3) $ (3,914,458) $ 14,794,394 (1) $ 10,879,936 $ 14,794,394 IAIF 47,903,920 5,000,000 (6,400,000) 0 46,503,920 (1,400,000) US Treasuries (2) 42,760,593 (14,000,000) 72,839 28,833,432 (13,927,161) US Gov't Sponsored Enterprises (2) 54,764,871 3,000,000 (2,598) 57,762,273 2,997,402 Commercial Paper (2) 27,954,094 15,000,000 (20,000,000) (37,378) 22,916,716 (5,037,378) Corporate Notes 7,976,235 4,878 7,981,113 4,878 Mutual Funds 11,506,388 14.714 1 11,521,102 14,714 Total $ 188.951,643 $ 37,809, 008 $ 40,400,000 $ 37,741 $ 186,398,492 $ 2,553,151 I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code, and is in conformity with the City Investment Policy. As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. The City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. John M Falconer Finance DirectorRreasurer Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments. loft 2009 Date (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 051 E Treasurer's Commentary For the Month of August Cash Balances - The portfolio size decreased by $2.5 million to $186.4 million. The major reason for the decrease was payments for the Dune Palms Housing Project. Investment Activity - The average maturity of the portfolio decreased by 11 days to 51 days at the end of August. The Treasurer follows a buy and hold investment policy and has not sold investments before maturity to take advantage of market conditions. At month end the sweep account had a month end balance of $11.8 million which was necessary to pay an $11 million debt service payment on September 2"d. The Treasurer purchased a $3 million FHLB GSE based upon the additional authority granted in the FY 08/09 Investment Policy and reduced holdings in Commercial Paper to stay within the 15% overall limitation. The maturing Treasury Bill was used to pay the aforementioned debt service and accounts payable. The sweep account earned $3,290 in interest income for the month of August and the bank fees for the month were $ 1,897 which resulted in a net increase of $ 1,393 in real savings. Portfolio Performance - The overall portfolio performance increased by eleven (11) basis points from the prior month and ended at 2.88% for the month, with the pooled cash investments yielding 3.16%. This increase was partly a result of the maturing $14 million Treasury Bill. With the average maturity of 51 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 5.17% which reflects the current interest rate environment. Future Thoughts In the short term, the Treasurer will be investing more in LAIF because its rate declines slower in a declining rate environment. Based upon current 30% limitation imposed by the investment policy the Treasurer will not be increasing holdings investing in GSE's, however, maturing GSE's will be rolled over to the highest yield on curve taking into consideration cash flow needs and policy limitations. Due to the liquidity crisis in corporates, the Treasurer will not be investing in corporate notes and will continue to look at Commercial Paper with 30 to 90 day maturities. Bond proceeds will be laddered in three- and six-month Treasury bills as they mature. .. 058 3 12 w E E 9 E m u a V EE u E E C C d m d m W Z Z Z Z Z Z Z Z Z O :E m o g 0E a u�� '6 ` E �^ O ¢ ` ❑ w m N U ❑ LL LL 9 N d 0 b b � b ua m � b E m � E o _o V d N ? m § N L C E c W W O O O O O O r d> r r o n u o a o E E EE E aE n❑ m>> n 0 SI O O E N O O O O O O O O N y y a g CE"> aE OINNNW m m n d wwwww o 0� E m m Tjj O o w W 0000 000 00 Ol O N d 000 O m O ¢ �� a o ri c o00 O N n N z (n m m m N O h N O o m > v v O ❑ e a o e o 066 o 000 w N o n o N O O m l7 O 41 N Y N O m O O 0 0 0 0 E 00000 0 ? 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W moa nWWm N,cmm WOCnnm a a o W e r g O m N m M O n N N m O !7 m m f'1 OOm1 o9D Y� mrNmN V O Y W T N y N M� Np n W ��YfbaW) IW9 v N fml �yp�O O W naOln ! el e'1 YW Otl On R� tOmO mN n p y Ol N�m�b ONi 0 m z` W 1Y0 t0 O N IN�I INO O 1` m iV cOj' {V {{�� w�� mm Oi 01� W N'mOp N � N m pp {py m y g� oa�mmi 0 oiYm W O1�moo eomo e $ m m O N W IT�p ppyl O p qqZF W � p o w LL Z �wp Op y W W N O OOi W V O 0 W n W yp� mNy i+y� mmmA N��Y W yq� �p tm Y E N N m N O pW m W O O N W O Y N N m U! m � O c om ne4i e�muni3 gg m �'. pw N. m Q T �C; voi�vO1im�m m N Y O a m y m O r O Y N W m L Q c � e a m Z '2 C t W {Tj m m J C e > 12 3 E' � o y > o,wa �u arworc a S��St- uI rn z U w z O m O LL a 8 r g o d r m � w a Y E m � m � m n i m N W �c U c ym 'S co 20$ m 2 L Uwa m U � �aE v� 064 CM of LaSme Reconulduon of Actual and Surplus Funds Co. Redevelopment Sydney and Fail AUNonry A,.31, 20W 9alan-WAeem Funds 186390,492 Leas Petl,mrs. Funda (1250) Lev Non -Surplus FUMe Balance of Buell Funda f186397,242 City Cash 3 lnvvhnarlb Bank Acmunb Name-Aralab�b Sur u a T e Book 6urplus Ves PA surplus Vm Welb FarOc-DemaM No Ctlecbrq E (955,13t)- WellaFarBo-SYreep No $weep 1t,803,341 - - Pelrytv6-Cemand No N/A 1,250 - O WeIISFa oBarsA Yea Cbeckl E 314I8 E 314i6 6 314]6 our is Total -Bank Axounb 310,8I9938 E 31 Gib E - S 31p]8 u s Treasury Lustcdlan- Availadll Surplus moral Amonmetl Value surylus Tes Ad surplus Yes Bankof New YOA-Demand Yes Tbill rnpl-US Trees - - U 5 GovemmeMsµrmrMEnterpisea LuslMlen-Availadl Er, lowerType Mortars Value suplus Yv AC Surlus Year Bank of New YorkDemandY. Fredd:Mac 29�,3M 29v.325 2,958,326 Bank or New York - Demand Yea ReW: Mac 9,995.962 9,994962 9,995.952 Bank of New YorkDemandYear FHLB 1986,273 1ABC 273 IM2I3 Bankor New York.Demand Yes FFCB 4,929,913 4,929,913 4,929,913 Bank of New York - DemandYn FFCB 9,943.325 9,93325 98,,902423,392125 Bank of New York -DemaM Ye Frddle Mac 469112 4664 4469e52 of New Vmk-DemaM Y FXLB 2,92 II1 F=,2 1Bank ,fi3 BankolNwYmk Yea FHLBa 9,99],613 999],613 9997 BankoNw DemaM Ye Freddie 24792]] 2,4792]] 2479277 Talal- US Government Secumres 54.B13,453 51 54.813,453 Me llum Tom Note�-ndmWFEr�,ho B00k Surplus Surplus Cruel-AvailabJit Sm luValue Year Ad Yv Bank of New YOM-Demand Vv 298A319 2894.319 2,994,3t9 Bank of New York- Demand Yes3A03459 3,003,459 3,003,49 Bankof New York -Demand Vv t983335 1983335 t983335 TW31-Medium Term Lospar 1 1 7,901ptJ Prime Commerclal Paper LuslMlan- AvaJabil Su lus Ivuer]1 Bmk Value Surylus Yee Ad Surplus Yes Bank of New York - Demand Bank of New YOM- Demand BankoI New York-oemantl Bank 0 New York -Demand Bank W New York - oemantl Yee Yes Yee Yes Yes Nestle Cap Corp Ccca Cala Morgan 6la, Media COnow ills 2996,W] 4,994.001 AW2J9 A9]3,423 4979,Me 2996,66] 4,994,001 AW2,]t] 4,9>3.423 49T9908 2996,66] 4,994.001 qW2 ]P 4A 1.423 Orr sps TWeI-Prime Commerclal Pe r 22,916,]IS 22916,]16 22916 ]16 Prdessonally Managed Account Name-Ava�ladlll fiat lua Type, Book Surplus Yes M Surplus Yee Tobl-Prolmaonall Maria etlMrount - Local come, lnsearm FUM Name-Avmladli bur lus T e Book SurrBue Yes /b Smgw Yv UM IF-CM-Dema LAIF-RDA�Oemand Yes Yes Stale Pool 6ble Pool 39.940086 6555834 39.948,085 6555634 (956,131) 36.991955 6555,634 TWaI - con. Pwl 46.503,920 46.50]920 966,13t 4554],]89 surplus No M suplus No NI FUMa Pdual % surplus Yea E (955,13t $ 955X f - 11,Bo3341 §11 ]04,8111 98.524 1,2. ]50 S to,840460 .014... $ 99.]]4 1SOJ9]% 60163% No Ad, surplus AdActual% SurplusNo Yes IMFunda 298793% 319342% Smqua NO M Surplus Nn All Funda Actual is, sur0U- I Yea - Surplus Surplus FT—Fc�k —SurP1—..—j No Ads No N`01us No S ous 5urylus All FUMa Surplus No M No ACNaI% I Y. 25349]% 285360% TWeI City lnvesimanb iJ;313,2021 132R13,202 956,131 131,2%,0]1 )30]18% ]84Tt2% Taipei CIry, Cash 31nvvtnal 143,091,1301 132R4,678 1 (9N.1311011 Wesse60 It0A48,666 99.]T4 ]6 C824% ]646BSY FIFUI Aspect Intentional Pamolio-cM lnvMmeWa Crusade-AvenidL Sur lus Isom a Ancestral Value Surplus Yes Ad Surplus Yea 2002 FLA US Bak-0IP Yes USTroawry BJl 13:11411 13.9M,411 13,sx I, 2004 Finance Authors, Il Nufamance Aotno -0IP Yes Yes USTreawry al UST. BJI 9,93J 151 4.993,8>0 9,93'151 49938Io 91933,151 49.1.70 Total -U5 Trearm 28,533,A32 28.83E432 28,833,432 Bamako - Mutual Fund Trustee -AV.dedl Sur lua Money Market Muual Fund Bock Value Scmis. Yes Ads Surplus Year LIVID Center U S Bank-PoutYES WAmerican - LMCCenter Svc YES nc 1aean lAm 1994 RDA US Bank -Dent Svc YES trt American - INSRDAUSBank -CIP YES 11 encan 1935 RDA U S Bank - Speaal Fund YES itl American Saint Fin Ass� 1995 US Bank - Escrow YES 1: Amencan 1998ROAUSBank-CIP YES 1st Amencan 1998ROAUS Bank - DM Svc YES 1OAmerlcan 1See RDA U S Bank-Speaal Fund YES 1st Amerlcan - 1996RDA U$Bank -LIP YES 15t American- 2WIRDA USBank -BM Svc YES tat Amencan - 2091RDA USBank -Cup YES 1damask r - 2W2RDA U5 Bank - DM Svc TES 1al Amerlcan 2002 RDA US Bank -CIP YES tat Amerinn 2,056,922 2056,922 2,850,922 2003 Tavble RDA U 6 Bank -DS YES bl Amencan - 2003TakadeBOA U s Bank COI YES 1st Amencan - 2W3TasaEIeRDA U S Bell YES 1st American 2Wa Fin Aran US Bank -CIP YES 1st Amean n 8,syl Som IN 8l 180 20o4 Fill Ads US Bank -L01 YES 1st Amerlcan - - 9uNWel- Mmual Fund it,521,to2 11 521,102 11,521102 All Funds Surplus actual% Yea 116114% 187983% Surplus No call Surpus No All Funds AdualX 6uus rpl Tv 62W% 6)12Yb Total Fiscal Asset Imamm nts 40,J54.5]a 40.354.534 40.354.So Grand TWal tB3,4W,BY1 1T2.60I,212 950.131 1 10,348,460 110,]46,588 W,]]4 IW OOW%IW OO ., C65 City of La Quints Compare0ys Rates of Interest August31,2008 Year Month FY 02/03 July 2002 August2002 Sept2002 Oc12002 Nov2002 Dec 2002 Jan 2003 Feb 2003 Mar 2003 Apr2003 May 2003 June 2003 FY 03/04 July 2003 August 2003 Sep12003 Oc12003 Nov 2003 Dec 2003 Jan 2004 Feb 2004 Mar2004 Apr2004 May 2004 June 2004 F Y 04105 July 2004 AuguS1200, Sep12004 002004 Nov 2004 Dec 2004 Jan 2005 Feb 2005 Mar2005 Apr2005 May 2005 June 2005 FY 05/06 July 2005 Augus12005 Sept2005 Oct2005 Nov 2005 Dec 2005 Jan 2006 Feb 2000 Mar 2006 Apr2006 May 2006 June 2006 FY 06107 July 2006 Augus12006 Sep12006 002006 Nov 2006 Dec 2006 Jan 2007 Feb 2007 Mar2007 Apr2007 May 2007 June 2007 FY 07108 July 2007 August2007 Sept2007 Oct2007 Nov 2007 Dec 2007 Jan 2008 Feb 2008 Mar2008 Apr2008 May 2008 June 2008 FY 08/09 July 2008 August 2008 Sept2008 002008 No, 2008 Dec 2008 Jan 2009 Feb 2009 Mar 2009 Apr2009 May 2009 June 2009 CN of La Ount Annualrzetl Eamm s Po0led Cash Fiscal Agent Overall 246% 100% 205% 246% 127% 207% 246% 126% 210% 241% 100% 208% 232% 100% 202% 223% 100% 180% 211% 080% 162% 199% 059% 174% 201 % 075% 178% 198% 072% 176% 186% 073% 154% 173% 049% 140% 166% 052% 143% 165% 045% 135% 165% 049% 126% 159% 048% 136% 164% 048% 138% 167% 057% 141% 168% 030% 137% 165% 030% 138% 150% 050% 133% 150%' 050% 133% 154% 050% 136% 169% 047% 162% 173% 050% 168% 173% 050% 157% 179% 107% 168% 1 79% 1 14% 1 72 % 179% 143% 173% 1 89% 2 23% 208% 200% 225% 212% 216% 226% 222% 216% 267% 243% 227% 269% 249% 247% 270% 258% 259% 310% 283% 265% 311% 287% 264% 311% 281% 307% 348% 320% 333% 351% 334% 370% 353% 355% 381% 363% 367% 411% 400% 406% 414% 401% 409% 421 % 445% 431% 430% 446% 437% 467% 448% 460% 474% 498% 483% 493% 500% 496% 494% 501% 497% 498% 501% 499% 500% 602% 601% 504% 503% 503% 508% 504% 506% 518% 512% 516% 519% 513% 517% 521% 503% 515% 520% 514% 615% 520% 505% 516% 519% 488% 510% 521% 490% 512% 517% 485% 508% 516% 486% 506% 511% 485% 502% 503% 483% 496% 495 % 343% 445% 458% 333% 422% 412% 324% 385% 407% 283% 367% 345% 327% 341% 314% 327% 317% 309% 194% 286% 299% 193% 277% 316% 192% 288% Average 172 139 121 109 163 137 131 117 92 74 123 131 110 80 121 98 117 140 120 156 137 137 209 214 172 167 112 113 145 109 104 120 93 64 113 73 84 76 65 98 68 112 73 110 92 67 78 95 48 53 67 62 80 64 45 67 42 32 85 129 109 129 116 99 123 96 Be 74 82 63 80 fit 51 Treasu Bilis Three Month Six Month One Year 1 73% 64% 62% 56% 29% 1 27% 1 16% 1 20% 1 18% 17% 1 % 0 86% 098% 06% 1014% 1 0 3% % 09989% 100% 101% 101% 1 19% 1 38% 173% 174% 178% 1 95 % 204% 2 37% 2 56% 2 56% 285% 285% 309% 311% 322% 3 54% 369% 375% 375% 4 16% 420% 444 % 458% 4 63% 4 74% 484% 511% 506% 4 97% 500% 496% 4 94% 493% 498% 495% 4 88% 4 84% 481% 481% 4 80% 469% 400% 395% 3 34% 3 39% 231% 2 07% 1 50% 1 70 % 1 92% 214% 170% 188% 229% 169% 189% 214% 218% 208% 2 59% 2 60% 2 49% 2 30 % 231% 210% 195% 1 98% 86% 80% 170% 1 65% 63% 64% 60% 57% 55% 1 53% 1 44% 1 47% 1 45% 143% 143% 1 fi0% 67% 77% 1 89% 200% 213% 2 26 % 2 37% 237% 2 72% 2 86% 297% 308% 318% 3 32% 346% 3 64% 381% 396% 404% 414% 431% 4 56% 470% 4 85% 4 95% 502% 510% 513% 513% 516% 518% 521% 522% 525% 525% 5 26 525% 523% 514% 496% 4 80% 462% 4 16% 378% 340% 307% 2 89% 2 79% 278% I.... - C-6 6 11 c 0 o N w '. Cu ry� V ` i l0 4) j • .. OGo .L. O V N o 0 0 0 0 0 0 -. 0 u o o � o � o v0i yo l6 V V ch Cl) N N u O O N 00 0 N m El 00 O _T 00 Q C i w t c 0 5 00 0 T m ow 0 Q Q 00 0 L U `m L N�. MV-11 o0 a v N a` C67 12 ce-iat 4 4Ao QK'Krcv COUNCIL/RDA MEETING DATE: October 21, 2008 ITEM TITLE: Receive and File Transmittal of Revenue and Expenditure Report dated August 31, 2008 and Investment Summary Report for the Quarter Ending September 30, 2008 Receive and File. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Receive and File Transmittal of the August 31, 2008 Statement of Revenue and Expenditures for the City of La Quinta and Investment Summary Report for the Quarter Ending September 30, 2008. Re pectfully submitted, John M. Falconer, Finance Director proved for subby: Thomas P. Genovese, City Manager Attachments: 1. Revenue and Expenditures Report, August 31, 2008 2. Investment Summary Report for the Quarter Ending September 30, 2008 �. 068 A l l AUHMtN I l CITY OF LA QUINTA REVENUES -ALL FUNDS 0710112008-0813112008 FUNDS BUDGET RECEIVED RECEIVED General $40,098,089.00 $1,235,974.65 3.10% Library 2,628,60000 0.00 0,00% Gas Tax Revenue 990,400.00 0.00 000% Federal Assistance 186,110.00 0.00 0 DO% JAG Grant 000 000 0.00% Slesf (Cops) Revenue 100,50000 0.00 000% Indian Gaming 150,600.00 000 000% Lighting & Landscaping 927,900.00 OM 0,00% RCTC 1,997.70000 0.00 0.00% Development Funding 0.00 0.00 0.00% Crime Violent Task Force 83,600.00 24,960.00 2990% AB 939 141,100.00 000 000% Quimby 1,029,60000 000 0.00% Infrastructure 0.00 0.00 0,00% Proposition 1B 557,171.00 000 000% South Coast Air Quality 56,20000 12,82492 22.80% Transportation 1,034,400.00 554,296.34 5360% Parks & Recreation 356,800.00 38,356 00 10 80% Civic Center 424,20000 68,429.56 1610% Library Development 142,000.00 15.265.00 1080% Community Center 69,40000 3.18200 4.60% Street Facility 35.600 00 19,350 40 54.40% Park Facility 10,800.00 946.00 880% Fire Protection Facility 59,600.00 9,679.46 16 20% Arts In Public Places 102,70000 68,126.86 66.30% (merest Allocation 000 39,708.12 000% Capital Improvement 117,929,126.00 3,867,54769 3.30% Equipment Replacement 807.181 00 716,881.00 88,80% Information Technology 529,201 00 494,201 00 93,40% Park Equipment & Facility 447,694.00 413,394.00 9230% Silver -Rock Golf 3,759,92600 183.50796 490% SilverRock Golf Reserve 79,199.00 0.00 0.00% LQ Public Safety Officer 2,50000 2,00000 80.00% La Quima Financing Authority 6,610,874 00 000 0.00% RDA Project Area No. 1 81,746,779.00 150,102.66 020% RDA Project Area No. 2 31,883,598.00 109,016.53 030% Tclal $294.979148.00 1 $802775015 1 2.70% 069 CITY OF LA QUINTA EXPENDITURES - ALL FUNDS 07/01/2008 - 08/31/2008 FUNDS BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET PERCENT General Library 1661,386 O0 115,000.00 000 1,546,38600 69% Gas To 1,067,40700 107,16900 000 960,23800 100% Federal Assistance 1%11000 000 000 1861100O 00% JAG Grant 000 000 000 000 00% Stoat (Cops) Revenue 10Q40O 00 000 000 10040000 00% Indian Gaming 150,60000 000 000 150,60000 00% Lighting B Landscaping 92790000 154,64989 000 773,25011 167% RCTC 3, 744,87700 000 000 3,744,87700 00% Development Agreement 000 000 000 000 00% CV Violent Crime Task Force 57.10000 6,83285 000 50,26715 120% AS 939 000 000 0w 0.00 00% Quimby 9,030,13100 000 000 9.030,13100 00% Infrastructure 397,57600 000 000 397,576 D0 00% Proposition I 1,164,99600 1,84273 000 1,163,15327 02% South Coast Air Quality 26,60000 000 000 26,60000 00% Transportation 8.284, 991.00 (28,30133) 0,00 8,313,292.33 -03% Packs X Recreation 37,50000 000 000 37,50000 .0.0% Civic Center 434,01400 33,794.00 000 400,22000 78% Library Development 48,75000 000 000 48,75000 0.0% Community Center 000 000 000 000 00% Street Facility 2,484,56300 2,94000 000 2,481,623.00 01% Park Facility 000 000 000 000 00% Fire Protectum 1423,12500 0CC 000 1,423,12500 00% Arts In Public Places 696,200 DO 44000 3.35000 692,41000 01% Interest Allocation 000 000 000 000 00% Capital Improvement 117,929.12600 3,867,54769 2.10000 114,059.47831 33% Equipment Replacement 878,64600 17,31933 000 861,32667 20% Information Technology 627,87TD0 77,29991 000 560,57709 123% Pant Maintenance Facility 87,%500 1,37500 16,50380 69,6%20 16% SilverRock Golf 4,519,571.00 448,27172 0.00 4,071.299.28 99% SilverRock Reserve 000 0.00 000 000 00% LO Public Safety Officer 2.00000 000 000 2,000M 00% La Ouinta Financing Authority 6,612,24400 4,130.28 000 6,WSJ 1372 01% RDA Project Area No 1 127,373,15000 724,43148 000 126,W,71852 0.6% RDA Protect Area No 2 44,846,99500 4,502,18639 000 40,344,80861 100% dial 010 3 CITY OF LA OUINTA 07101/2008 - 08131/2008 GENERAL FUND REVENUES DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED TAXES: Property Tax 2,830,60000 30,764.62 2.807,83538 1080% No Low Property Tax Distribution 2,843,30000 (16,45871) 2,859,75871 -0580% Sales Tax 6,796,50000 000 6,796,500.00 0000% Sales Tax Reimbursement 2,265,50000 0.00 2,265,500.00 0.000% Document Transfer Tax 717,20000 71,893.37 645,30663 10020% Transient Occupancy Tax 5,600,000.00 123,283.46 5,476,716.54 2.200% Transient Occupancy Tax - Mitigaton Mess 305,400.00 000 305,400.00 0.000% Franchise Tax 1,764,40D 00 45,277.89 171912211 2570% TOTAL TAXES 23,130,900.00 264,76063 22,876,139.37 1100% LICENSE & PERMITS: Business License 279,20000 52,656.60 226,54340 18.860% Animal License 19,700.00 4,41300 15,287.00 22.400% Building Permits 446.88000 103,00685 343,873A5 23050% Plumbing Pewits 67,520.00 12.468.75 55,051.25 18.470% Mechanical Permits 38.08000 7,939.50 30,140.50 20850% Electrical Permits 52,400.00 13,21271 39,187.29 25220% Garage Sale Permits 10,700 00 1,97000 8,73000 18,410% Misc Permits 127,600 00 24,776 24 102,82376 19A20 % TOTAL LICENSES & PERMITS 1,042,08000 220,44365 821.63635 21.150% FEES: Sale of Maps & Publications 2.100.00 121 95 1,97&05 5 810% Bumec Admn Cost Reimb 92,300.00 000 92,300.00 0000% Community Services Fees 446,42&00 142,62533 303,79967 31.950% Finance 25000 22000 3000 BB 000 % Bldg & Safety Fees 301,680 00 62,478 71 239,201 29 20.710% Community Development Fees 100,20000 24,703.00 75.49700 24.650% Public Works Fees 501,20000 38,332.50 46286750 7650% TOTAL FEES 1,444,155.00 268,461.49 1,175,673.51 18,590% INTERGOVERNMENTAL Motor Vehicle In -Lieu 3,942,10000 15,319.45 3,926,78055 0390% Motor Vehicle Code Fines 94,500.00 000 94,500.00 0.000% Parking Violations 59,50000 3,354.00 56.14600 5.640% Misc. Fines 116.00000 23,67711 92,322.89 20.410% AB939 000 000 000 0,000% Federal Govt Grants 0.00 000 0 DD 0,000% County of Riverside Grant 0.00 2,798.55 (2,79855) 0000% State of California Grant 10,80D.00 0.00 10,800 00 0 000 % Fire Services Credit 5,053,100 00 000 5,053,100 00 0 000 % CVWD 16,80000 000 16,800.00 0.000% CSA152 Assessment 218,000.00 000 218.000.00 0000% TOTAL INTERGOVERNMENTAL 9,510,800.00 45,149.11 9,465,650.89 0.470% INTEREST 4.127,47800 445,697.44 3,681,780.56 10800% MISCELLANEOUS Miscellaneous Revenue 8,400.00 1,43644 6,963.56 17.100% Assmnt Dist Surplus 0.00 0.00 000 0000% Other Mitigation Measures 000 000 0.00 0000% Litigation settlement 000 000 000 0000% Cash Oved(Shor) 50.00 589 4411 11.780% TOTAL MISCELLANEOUS 8.45000 1,442.33 7.00767 17070% TRANSFERIN 834,226.00 000 834226.00 0.000% TOTAL GENERAL FUND 40,098,089.00 1,235,97465 38,862,114.35 3.080% rl 4 GENERAL FUND EXPENMURE SUMMITRY 07MI12008-68/31/2008 BY DEPARTMENT BUDGET EXPENDITURES ENCUMBERED RB DGET GENERAL GOVERNMENT: LEGISLATIVE CITY MANAGER'S OFFICE 1,011,57200 125.21661 000 886,35639 ECONOMIC DEVELOPMENT 503,28200 2,W5,13700 69,45315 579,50721 000 433,82885 PERSONNEURISK MGT 1,6265B400 47732150 000 2,00000 1,925,62979 1,147262W TOTAL GENERAL GOVERNMENT 53 CITY CLERK TOTAL CITY CLERK 78332800 11002808 000 673 COMMUNITY SERVICES PARKS B RECREATION ADMINISTRATION SENIOR CENTER 1,319,76100 2BBS406 90500 11030,26194 PARKS B RECREATION PROGRAMS 444,202W 223,82900 71:4556,1 39,62107 4,67500 368,07136 LIBRARY MUSEUM 1395,671W 240,243.50 000 000 184,20793 11155,42750 PARK MAINTENANCE 275,61500 1421,WI 00 38,,81039 54816665 1,66250 235,34211 TOTAL COMMUNITY SERVICES 000 873,21434 0 1 FINANCE: FISCAL SERVICES CENTRAL SERVICES 1,027,95200 165,95292 000 861,99908 TOTAL FINANCE 40251100 14174379 000 20076121 BUILDING S SAFETY: BUILDING B SAFETY -ADMIN BUILDING 4W,21800 67,50215 000 370,71585 CODE COMPLIANCE 1,022, 086.00 1,084,662W 16Q67731 204,38746 000 000 861,40869 850,27454 ANIMAL CONTROL FIRE 408,31000 78,16376 000 330,14624 EMERGENCY SERVICES 5,070,38400 151.62400 43,16907 28,52242 000 5,027,21493 CIVIC CENTER BUILDING -OPERATIONS 1,26149000 171,%798 000 000 123,00158 1,p89,52202 TOTAL BUILDING B SAFETY i POLICE: POLICE SERVICES 12,175.55800 75,92421 28143 12,099,350W TOTAL PUBLIC SAFETY COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT -ADMIN CURRENT PLANNING 1,930,]9100 115,8830' 000 1,814,90794 TOTAL COMMUNITY DEVELOPMENT 8]5,2B600 103,]8]48 000 771,49852 4 PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION DEVELOPMENT B TRAFFIC 897.98600 73,35194 000 B24,62306 MAINT/OPERATIONS- STREETS 1,321,77000 4043,62000 169,42142 401.89818 000 000 1,152,34858 3,641,72182 MAINT/OPERATIONS- LTG/LANDSCAPING 2:158,471.00 28Q01078 4,90000 1,BW,560 22 MAINT/OPERATIONS- TRAFFIC CONSTRUCTION MANAGEMENT 890,68900 84,55827 14],72272 4W,g0801 TOTAL PUBLIC WORKS 83837]00 1]0 B8381 000 68749319 TRANSFERS OUT 1,423,16700 4,61750 000 1,418, 54950 GENERAL FUND REIMBURSEMENTS (5819,528 00) (6476%89) 000 (5,171,831 11) NET GENERAL FUND EXPENDITURES 42,893SIG 00 448915447 162 146 65 3824258188 072 5 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL LIBRARY: REMAINING % BUDGET RECEIVED BUDGET RECEIVED County of Riverside Contributions Interest TOTAL LIBRARY GAS TAX REVENUE: Section 2105 Secbon 2106 Section 2107 Section 2107.5 Traffic Congestion Relief Interest TOTAL GAS TAX FEDERAL ASSISTANCE REVENUE: CDBG Gram Interest TOTAL FEDERAL ASSISTANCE JAG GRANT Gram Revenue Interest TOTAL JAG GRANT SLESF(COPS)REVENUE: SLESF (Cops) Funding Interest TOTAL SLESF (COPS) 2,628,600.00 0.00 2,628,60000 0000% 000 000 0.00 0.000% coo 000 0.00 0.0D0% 2,628,60000 000 2,628,60000 0.0D0% 197,400.00 0.00 197.40000 0.000% 131,30000 0.DO 131,300.00 0.000% 262,100.DD 0.00 262,100.00 0,000% 0.00 0.00 0.00 0 000-A 392,000.00 000 392,00000 0,000% 7,60000 000 76010.00 0.000% 990,400 00 0 00 990,400 00 0.000 186,110 00 000 186,110 00 0000% 000 0DO 000 0ODD% 186,11000 0.00 186.110.00 0.000% 000 0.00 000 0.000% 0.00 0.00 0.00 0000% 0.00 000 0.00 0 000 % 100,00000 0.00 100,000D0 0.00D% 50000 0.00 500.00 0.000% 100,500.00 0.00 1D0,500.00 0000% INDIAN GAMING Grant revenue 150,600.00 0.00 150,600.00 0000% Interest 0.00 coo 000 0000% TOTAL INDIAN GAMING 150,600.00 0.00 150.60000 0000% LIGHTING d LANDSCAPING REVENUE: Assessment 927,900.00 0.00 927,900.00 0000% Developer 000 0.00 0.00 0,000% Interest 0.00 0.00 000 0.000% TOTAL LIGHTING S LANDSCAPING 927,900 00 0.00 927,900 00 0.000% RCTC RCTC Funding 1,997,70000 coo 1,997,70000 0.000% Transfer in 000 0.00 000 0000% TOTAL RCTC DEVELOPMENT AGREEMENT FUND Mitigation Measures 000 000 000 0,000% Interest 000 0.00 000 0,000% Transfer in 0.00 000 000 0000% TOTAL DEV AGREEMENT 0.00 000 000 0.000% CRIME VIOLENT TASK FORCE Member Contributions - Carryover 49,90D.00 24,960.00 24,94000 50,020% Gram revenue -JAIB 25,60000 0.00 25.60000 0.ODO% CLET Line 3,10000 0.00 3,100.00 0000% Interest 5,00000 0.00 5000.00 0000% TOTAL CRIME VIOLENT TASK FORCE 83,600.00 24,960.00 58,640.00 29,860% AS 939 REVENUE: AS 939 Fees 100.900 00 0 DO 100.900 00 0.0D0 Interest 40200.00 0.00 40,20000 0.000% TOTAL QUIMBY 12IT To QUIMBY REVENUE: Quimby Fees 950,000 00 000 950,000 00 0000% Donations 000 000 000 0 000 % Interest 79 600 00 0 00 79 600.00 0.0D0% TOTAL QUIMBY INFRASTRUCTURE REVENUE: Utility refund 000 0.00 000 0.000% Interest 0.D0 0.D0 000 0.000% Transfer in 0.00 000 0.00 0000% TOTAL INFRASTRUCTURE 0.00 000 000 0.000% PROPOSITION 18 Prop iB Grant 557,171.00 0.00 557,171.DO O.ODD% Interest 0.D0 0.00 0.00 0.000% TOTAL PROPOSITION 1 B G73 F CITY OF LA OUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED SOUTH COAST AIR DUALITY REVENUE: S C.A O. Contribution MSRC Funding Street Sweeping Grant Interest TOTAL SCAO TRANSPORTATION Developerfees Interest Transfer in TOTAL TRANSPORTATION PARKS 6 RECREATION Developerfees Interest Transferor TOTAL PARKS & RECREATION CIVIC CENTER Developerfees Interest Transfer in TOTAL CIVIC CENTER 48,900 00 12,824.92 36,075 08 26 230% 000 000 000 0.000% 0.00 0.00 0.00 0 000 % 7,300.00 000 7,30000 0 000 % 56,200 00 12,824 92 43.375 08 22.820% 1.015,100.00 554,296 34 460,803.66 54 610% 19,300 00 0.00 19,300 00 0.000% 0 00 0.00 0.00 0.000% 1.034,400.00 554,296.34 400,103.66 53590% 356,80000 38.356.00 318,444.00 10.750% 000 000 000 0000% 0.00 0.00 0.00 0000% 356,800.00 38,35600 318444.00 10750% 424,200.00 68,429.56 355,770.44 16.130% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0 000% 424,200.00 68,42956 355,77044 16.130% LIBRARY DEVELOPMENT Developer fees 142,000 00 15,265.00 126.735 00 10.750% Interest 0.00 0.00 0.00 0.000°A Transferin 0.00 0.00 0.00 0000% TOTAL LIBRARY DEVELOPMENT 142,00000 15,26500 126,73500 10.750% COMMUNITY CENTER Developerfees Interest TOTAL COMMUNITY CENTER STREET FACILITY Developerfees Interest Transfer In TOTAL STREET FACILITY PARK FACILITY Developerfees Interest TOTAL PARK FACILITY 29,600.00 3,182.00 26,41800 10750% 39,800 00 000 39.800 00 0.000% 69,40000 3,18200 66,218.00 4.590% 35,30000 19,35040 15,949.60 54.820% 30000 0.00 30000 0,000% 0.00 000 000 0.000% 35,600.00 19,350A0 16,24960 54.360% 8,800.00 946.00 7,85400 10750% 2.00000 0 00 2,00000 0.000% 10,800.00 946.00 9854.00 8760% FIRE PROTECTION FACILITY Developerfees 59,600 DO 9,679A6 49,920.54 16240% Interest 0.00 0.00 0.00 0000% TOTAL FIRE PROTECTION FACILITY 59,600.00 9,67946 49,920 54 16 240 % ARTS IN PUBLIC PLACES REVENUE: Arts In Public Places 97,500.00 68,126.86 29,37314 69.870% Arts In Public Places Credits Applied 000 000 0.00 0.000% Interest 5200.00 000 520000 0000% TOTAL ARTS IN PUBLIC PLACES 100K.00 68,126.86 34 573.14 66.340% INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 0.00 39,708.12 (39,708.12) 0.000% Transferin 000 coo 000 0000% TOTAL INTEREST ALLOCATION 000 39,708.12 (3870812) 0.000% 074 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 Contribution Developer Agreement Funding LMgation Settlements Transfers in From Other Funds TOTAL CIP REVENUE EQUIPMENT REPLACEMENT FUND: Equipment Charges Capital Contribution Sale of Fixed Asset Insurance Recoveries Interest Transfers In TOTAL EQUIPMENT 167.752 DO 0.00 167,752.00 0.000% O.OD 0.00 0.00 0000% 000 000 000 0.000% 10,047,21200 202,104.61 9,845.10739 2.010% 000 0.00 000 0.000% 0.00 0.00 0.00 0000% 520,486.00 000 520,486 00 0.000% 000 0.00 000 0000% 520,916 00 000 520,916 00 O.ODO% 0.00 0.00 0.00 0000% (31,490 DO) 0.00 (31,490.00) 0,000% 0.00 000 0.00 0 D00 % 3,881,64300 000 3,881,64300 0.000% 000 000 000 0.000% 102,822,607.00 3,665443.08 9915716392 3560% 117,929,126.00 3,867,547.69 114,061,578.31 5570% 716,881.00 716,881.00 0.00 100000% 000 000 000 0,000% 000 0.00 000 0.000% 000 0 Do 000 0,000% 90,300.00 0.00 90,300.00 0000% 0.00 000 0.00 0.000% 807,181.00 716,88100 90.30000 88.610% INFORMATION TECHNOLOGY FUND: Charges for services 494,201 DO 494,201.00 0.00 100000% Capital Contribution 0.00 000 0.00 0.000% Sale of Fixed Asset 000 000 000 0000% Interest 35,00000 000 35.00000 0.ODO% Transfers In 000 0.00 0.D0 0000% TOTAL INFORMATION TECHNOLOGY 529.201 00 494,201.00 35.000.00 93 390% PARK EQUIPMENT& FACILITY Charges for services 413,394.00 413,39400 000 100.000% Interest 34,30000 0.00 34,300.00 0000% Capital Contributions O.DD 0.00 0.00 0000% TOTAL PARK EQUIPMENT & FAC 447,694A0 413,394.00 34,300.00 92 340% 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 LO PUBLIC SAFETY OFFICER FUND Transfer In Interest TOTAL LQ PUBLIC SAFETY 3,255.75900 164.18223 3.091.57677 5,040% 113,217.00 (1,507.11) 114,724.11 A 330% 15,000 00 1,65000 13,350 00 11,000% 000 0.00 0.00 0 000 % 375,950 00 19.182 84 356.767 16 5.100% 0.00 0.00 0.00 0000% 0.00 0.00 0.00 0000%. 000 0.00 0.00 0000% 3,759,926 00 183,507 96 3,576,418.04 4 880% 4,300.00 0.00 4,300.00 0000% 74,899 00 0.00 74,899.00 0000% 79,199.00 0.00 79,199.00 0.000% 2,000.00 2,000.00 0.00 100.000% 50000 000 50000 0.000% 2,50000 2,000.00 50000 800DO% 075 s CITY OF LA QUINTA OTHER CITY FUNDS EXPENDITURE SUMMARY 0710112008 - 08/3112008 REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET LIBRARY FUND INTERESTADVANCE REIMBURSE GENERAL FUND TRANSFER OUT GAS TAX Can12G Services REIMBURSE GENERAL FUND TRANSFER OUT FEDERAL ASSISTANCE FUND TRANSFER OUT JAG GRANT TRANSFER OUT SLESF (COPS) TRANSFER OUT INDIAN GAMING FUND TRANSFER OUT 15,000 00 0.00 0 00 15,000 00 1,848,38500 115,000.p0 000 1,531,38600 TOTAL LIBRARY FUND 0 00 0 00 0 00 0 00 0 00 000 643,01400 107.16900 000 535,84500 TOTAL GAS TAX FUND 424 393.00 0 00 000000 424 393 00 TOTAL FEDERAL ASSISTANCE FUND 186.11000 18fi 110 00 LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL F N TOTAL JAG GRANT 000 000 000 OOp TOTAL SLESF(COPS) FUND_ 100.40000 000 000 10040000 TOTAL INDUIN GAMING FUND 150,600 00 000 000 150 600 00 U D TRANSFER OUT 927,900 D0 154,64989 0OD 77325011 TOTAL LTGILANDSCAPING FUND 000 000 000 600 ft RCTC TRANSFER OUT 3, 7" 877 00 000 000 3,]44,87700 TOTAL RCTC DEVELOPMENT AGREEMENT FUND CONSTRUCTION REIMBURSE GENERAL FUND 000 000 000 000 TRANSFER OUT 000 000 000 000 TOTAL DEV AGREEMENT FUND 000 000 000 000 CRIME VIOLENT TASK FORCE OPERATING EXPENSES TRANSFER OUT 5], 10000 8,83285 000 50,287.15 TOTAL CRIME VIOLENT TASK FORCE 000 0 w 000 0.00 AS 939 OPERATING EXPENSES TRANSFER OUT 000 000 000 000 TOTAL AS 938 000 000 000 000 QUIMBY FUND: FEASIBILITY STUDY TRANSFER OUT 35,DD0 DO 000 000 35,000 D0 TOTAL QUIMBY 8,995,13100 0.00 000 8,985,13100 INFRASTRUCTURE FUND CONSTRUCTION REIMBURSE GENERAL FUND 000 000 0.00 000 TRANSFER OUT 000 000 000 o 000 TOTAL INFRASTRUCTURE 397570 00 000 000 39757600 PROPOSITION iB TRANSFER OUT TOTAL PROPOSITION 1 B FUND 1.164.99800 1 842 ]3 000 116315327 SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES TRANSFER OUT 26,fi00,00 0.00 000 26,0060000 TOTAL SOUTH COAST AIR QUALITY 000 000 000 a 00 0 TRANSPORTATION PROGRAM COSTS CONTRIBUTION 0.00 000 000 000 TRANSFER OUT 0 0 D00 828499O 0 0. 28301 000 000 000 8,3100 TOTAL TRANSPORTATION RECREATION INTEREST ST ON ADVANCE TRANSFER OUT 37,50000 000 000 37,50000 TOTAL PARKS & RECREATION 000 000 000 000 CIVIC CENTER INTEREST ON ADVANCE REIMBURSE GENERAL FUND 231,25000 000 000 231,25000 TRANSFER OUT 202,7840000 33J940004 000 i6B,87000 TOTAL CIVIC CENTER 0 00 000 000 LIBRARY DEVELOPMENT PROGRAM COSTS INTEREST ON ADVANCE 0.00 000 000 000 TRANSFER OUT 48,75000 000 0.00 48,75000 TOTAL LIBRARY DEVELOPMENT 000 000 000 000 ' u., • 0 f 6 PI CITY OF LA QUINTA OTHER CITY FUNDS EXPENDITURE SUMMARY COMMUNITY CENTER PROGRAM COSTS TRANSFER OUT STREET FACILITY PROGRAM COSTS TRANSFER OUT PARK FACILITY PROGRAM COSTS TRANSFER OUT FIRE PROTECTION INTEREST ON ADVANCE TRANSFER OUT ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP OPERATING EXPENSE$-APP ART PURCHASES TRANSFER OUT CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES PROJECT REIMBURSEMENTS TO GEN FUND TRANSFER OUT EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES TRANSFER OUT 07]01/2008-08/3112008 BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET 000 000 000 0.00 TOTAL COMMUNITY CENTER 000 000 000 000 coo 000 000 000 000 000 TOTAL STREET FACILITY 2 464 563 00 2 940 00 0 00 2,481 623 00 0.00 000 0 00 0.00 000 000 000 000 TOTAL PARK FACILITY 23,12500 000 000 23, 12500 1,40p 000 00 1 400,000 00 TOTAL FIRE PROTECTION DIF 0 00 0 00 30, 000 00 440 00 3,35000 26,210 00 5,20000 0 00 0 00 6,200 00 260,00000 000 000 260,00000 TOTAL ART IN PUBLIC PLACES 400 000 00 000 000 400 000 00 116,952,16100 3,867,547.69 2,1D000 113,D62,51331 976,955 00 000 OW 976,965 00 TOTAL CAPITAL IMPROVEMENT 0.00 000 000 878,646 00 17.319 33 0 00 861,326 67 TOTAL EQUIPMENT REPLACEMENT FUND 0'� 000 000 000 Trm INFORMATION TECHNOLOGY FUND OPERATING EXPENSES TOTAL INFORMATION TECHNOLOGY FUND 627 B7]00 77299.91 000 550,57709 17w— PARK MAINTENANCE FACILITY OPERATING EXPENSES TRANSFER OUT 87,56500 1.37500 16,50380 69,68620 TOTAL PARK MAINTENANCE FAG 000 000 000 000 SILVERROCK GOLF OPERATING EXPENSES TRANSFER OUT 4,4 1,67200 "8,2718%72 000 3,996,40028 TOTAL SILVERROCK GOLF 00 74 000 000 ]4,89900 SILVERROCK GOLF RESERVE TRANSFER OUT 000 000 0.00 000 TOTAL SILVERRUCK GOLF RESERVE Ono I LA QUINTA PUBLIC SAFETY CONTRIBUTIONS TOTAL LA QUINTA PUBLIC SAFETY 2.00000 000 000 200000 u 077 RJ ATTACHMENT 2 m 0 C LL r E E U) mlc Al N U t0 OOrOM(ONO�O MON rtO tO�T m h r M O D COO t 0 O N N s{ V O O i 0 O N O M O O O^ W � V rTMrNNmI QION0t0 f0rr0.- W M MOOON V QO) M Y V V Omi O m rn rn rn m m rn m m rn m o rn ro o QC6 N�OIM v r o N O O M s O O O O N O O N 0- 7 O m O N �0 0 r 0 0 0 0 0' a 0 O V O m O N of N OJ N O �O M M O V O OI 0� �iorm�ov>�n Mrrou>om�v'd' rn n v rn .- rn m rn m m rn o m o rn o o d' NN V � W �fV O) V aiY V i[l erN �lM the 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a `m a m Ci VpO o 0 0 00000000 � V N N M N In LO LO N N M co M Z` 000000rn000�o��oo'o�>' j N N N N N N N N N mC CrO�_�Nt0��0>O_\l0 W aD� W ETC TC N N O M N rn V o Z Z m a a Z Z Z J J E c € E E E EEmin O a �5 a > > y U U U F F y m U y y c c ww mL n m e'm c c o www of ya ma=s--mw 0 0 0 U U c c� y O m 0 m Q Q :° m D O O m m m m m m N p J— U m U—qp o wwwJJ Of wco e, aUS UL LL LL LL LL LL LL LL LL LL H U Z Q 0� 00 J N ceityl 4 udP Qumrry COUNCILIRDA MEETING DATE: October 21 2008 ITEM TITLE: Approval of Fiscal Year 2007/08 City of La Quinta Development Project Fee Report RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Fiscal Year 2007/08 City of La Quinta Development Project Fee Report ("Report") prepared in accordance with Government Code Section 66000 and 65865. FISCAL IMPLICATIONS: The City must expend or commit developer fees from Infrastructure, Quimby, and Development Impact Funds within five years of their receipt and must account for these fees in a separate fund and report payments pursuant to development agreements entered into after January 1, 2004. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City of La Quinta has three developer project fees subject to the requirements of Government Code Section 66000 - Infrastructure, Quimby, and Developer Impact fees. The major requirements that must be performed annually are included in Government Code Section 66006 (b). Section 66006(b) requires specific additional accounting information to be reported each year for each fund as follows: 019 For each separate account or fund established pursuant to subdivision (a), the local agency shall, within 180 days after the last day of each fiscal year, make available to the public the following information for the fiscal year: (A) A brief description of the type of fee in the account or fund; (B) The amount of the fee; (C) The beginning and ending balance of the account or fund. The amount of fees collected and the interest earned; (E) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees; (F) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete; (G) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan. Staff has prepared the Report which provides an analysis of the Infrastructure, Quimby, Developer Impact fees and development agreement payments for Fiscal Year 2007/08 (Attachment 1). Staff has prepared a schedule of development agreement payments received for Fiscal Year 2007/08 in accordance with Government Code Section 65865 (Attachment 2). Staff did receive a request from the Building Industry Association (BIA) to review Attachment 1 & 2. Staff provided a draft staff report and Attachments 1 & 2 to the BIA on September 8, 2008 and has included the BIA response letter as Attachment 3 along with Staff's follow-up letter. N 080 I4 FINDINGS AND ALTERNATIVES: The City of La Quinta Infrastructure, Quimby Developer Impact fee and development agreement payments programs meet the annual filing requirements of Government Code Section 66000 and 65865 for Fiscal Year 2007/08. The alternatives available to the City Council include: 1. Approve the Fiscal Year 2007/08 City of La Quinta Development Project Fee Report prepared in accordance with Government Code Section 66000 and 65865; or 2. Do not approve the Fiscal Year 2007/08 City of La Quinta Development Project Fee Report prepared in accordance with Government Code Section 66000 and 65865; or 3. Provide staff with alternative direction. Respectfully submitted, yvv\'t� 4"t' Joiuvk Falconer, Finance Director Approved for submission by: !Thomas P. Genovese, City Manager Attachments: 1. Development Project Fee Report 2. Development Agreement Report 3. BIA Response Letter with staff follow-up 3 M 1 1 M1111f71virlm 1 1 City of La Quinta Infrastructure fee Government Code 66000 Calculation FY 07108 The infrastructure fee fund is used to account for the accumulation of resources, provided through developer fees for the acquisition, construction or improvement of the City's infrastructure as defined in Resolution 89- 39 The fee is based upon the attached formula and data sheet and varies from project to project Beginning Ending Account Description Prior Year Report Fund Balance Adjustment Beginning Fund Balance FY 07/08 and Balance Revenues & Other Sources Developer fees Interest income 0 0 14,373 Total Sources 0 0 14,373 Expenditures & Other Uses Transfers out - Capital Improvement Project Fund 52,100 52,100 127,645 Total Uses 52,100 52,100 127,645 Total Available 565,793 (52,100) 513,693 (113,272) 400,421 Five Year Test Using First In First Out Method June 30, 2008 Remaining Commitment Unspent Unspent Funds Represent Ending Fund Balance Revenues Collected from 2000 0 0 0 Revenues Collected from 2001 91,115 91,115 0 Revenues Collected from 2002 126,854 126,854 0 Revenues Collected from 2003 70,822 70,822 0 Revenues Collected from 2004 31,458 31,458 0 Revenues Collected from 2005 16,302 16,302 0 Revenues Collected from 2006 24,204 24,204 0 Revenues Collected from 2007 25,293 25,293 0 Revenues Collected from 2008 14,373 11,528 2,845 Total Ending Fund Balance 400,421 1 397, §76 2,845 Result , Five Year Spent Test Met in accordance with Government Code 66001. Capital Improvement Facilities Remaining Capital Improvement Facilities FY 07/OS Commitment % Com lete %funded with fee Washington St Storm Drain Improv Deceleration Lane into Centre Point Calle Tampico Sidewalk & Drain Improv 0 25,000 102,645 397,576 0 0 6.00% 100.00% 100 00 % 100.00 % 50 00% 30.00% Total 127.645 397,576 082 4 City of La Qwnta Quimby Fees Government Code 66000 Calculation FY 07/08 The City has established the Quimby Special revenue fund. The fund is used to account for the accumulation of developer fees received under the provisions of the Quimby Act for park development and improvements. The fee is based upon the attached formula and data sheet and varies from project to project Beginning Ending Account Description Fund Balances FY 07/08 Fund Balances Revenues & Other Sources Developer fees I nterest income Contributions from property owners $299,326 404,835 0 Miscellaneous 4,300 Transfers in 0 Total Sources 708,461 Expenditures & Other Uses Transfers out Capital Projects 32,000 2,569 Total Uses 34,569 Total Available $9,666,027 $673,892 $10,339,919 Five Year Test Using First In First Out Method Remaining Unspent Funds Represent Ending Fund Balance June 30, 2008 Commitment Unspent Revenues Collected from 2005 Revenues Collected from 2006 Revenues Collected from 2007 Revenues Collected from 2008 $1,336,130 6,085,374 2,209,954 708,461 $1,336,130 6,085,374 1,081,458 0 $0 0 1,128,496 708,461 Total Ending Fund Balance $10,339,919 $8.502,962 $1,836.957 Result: Five Year Spent Test Met in accordance with Government Code 66001. Remaining Capital Improvement Facilities FY 07/08 Commitment % Complete %funded with fee Shade Structures - LQ Sports Park $32,000 $0 100% 100% Sports Complex Renovation 0 540,100 0% 100% CommunityPark Land Acquisition 2,569 7,997,431 0% 100% Total $34,569 $8.537.531 083 1- m L O N N W W 0 N d D L OI J Q D O 6 �a m a 0 N O = C N O O �e E 'a � v m > d N L r d _O « C O � C � E o m m � o O � � o E U N O a m B � �,2 d � m mO o E o a >nW U � f7 li F m C O LL p V () N O N O a` x cm a mrfO i� c m °� aci rrp�MMom m y c A c `w E d n u n oU U o Box J U d N N W ONO m U U W 7�mm� x m m m N a C �Op L O O K W N M O N W W N !� O W ly C H w N L � C C C C O O vim�aEEt > N ] O o E o `v U U w Q m aci a o U O w m m c 084 2 !!| i 35 !Ila ago .( � \ � § \\ \ )_ /_\.,l.,f !.......... !///\§ h //DGr ! ME City of La Quinta Developer fee Government Code 66000 Calculation FY 07/08 Capital Improvement Facilities Fund FY 07/08 % Complete % funded with fee Phase 2 - Jefferson St Transportation 205,411 98.83% 17.79% Washington St Medians - Phase 2 Transportation 1,432 93 67% 80.46% Hwy 111 Improvements (Adams -Jefferson) Transportation (28,411) 14.17% 34 26% Traffic Signal: Westward Ho & Dune Palms Road Transportation 2,280 3 18% 30.79% Traffic Signal Jefferson @ Avenue 53 Transportation 0 3.18% 49.72% Ave 52 Bridge Improv (Spanning the All American Canal) Transportation 32,554 9 31 % 91 49% Jefferson St Median Island Landscaping ( Hwy 111 to No. City Limit) Transportation 336,335 83.16% 28.91% Traffic Signal - Ave 47 and Adams Transportation 26,910 6.26% 50.00% Traffic Signal- Ave 50 and Orchard Transportation 0 4.81% 25.00% Adams Street Bridge Design Transportation 69,270 0.56% 19.68% Sound Attenuation Wall Transportation 70,031 9A6% 100 00% Traffic Signal - Fred Waring & Palm Royale Transportation 63,098 14 67% 50 00% Traffic Signal - Dune Palms & Retail Center Transportation 253 0.00% 50.00% Park & Recreation DIF Advance Interest expense - Note 1 Park & Recreation 78,426 N/A N/A Civic Center DIF Advance Interest expense - Note 2 Civic Center 276,141 N/A N/A Reimburse General Fund - Civic Ctr Debt Service Civic Center 202,764 50,00% 30.00% Civic Center Expansion Civic Center 6,240,662 100 00% 91.00% Maintenance Facility - Design Street Maintenanc 54,029 23.00% 100.00% Library DIF Advance Interest expense - Note 3 Library 88,471 N/A N/A Fire IF Advance Interest expense - Note 4 Fire 42,845 N/A N/A Total 7,762,500 Note 1 - During FY O1/02 and FY 02103, the City Council approved the advance of up to $5,456,455 in RDA Project Area i & 2 funding to the Park Development Impact Fee Fund. As of June 30, 2008 the actual amount of principal and interest advanced totalled $ 1,513,573. Interest paid on the advances in FY 07/08 was $78,425. The outstanding loan amount was reduced by $ 339,869 during FY 07/O6 Note 2 - During FY O6/07 approved the advance of up to $9,615,094 in General Fund funding to the Civic Center Developer Fee Fund. As of June 30, 2008 the actual amount of principal and interest advanced totalled $ 9,393,000. Interest paid on the advances in FY 07/08 was $152,175 and another $123,966 was accrued and outstanding at year end . The outstanding loan amount was increased by $6,208,182 during FY 07/08 for the construction of the Civic Center expansion and ended the year at $9,269,034. Note 3 - During FY 04/05 approved the advance of up to $2,657,231 in RDA Project Area 1 funding to the Library Developer Fee Fund As of June 30, 2008 the actual amount of principal and interest advanced totalled $ 1,949,006. Interest paid on the advances in FY 07/08 was $88,471. The outstanding loan amount was reduced by $76,725 during FY 07/08. Note 4 - During FY 03104 approved the advance of up to $1,500,000 in RDA Project Area 2 funding to the Fire Developer Fee Fund. As of June 30, 2008 the actual amount of principal and interest advanced totalled $ 939,634. Interest paid on the advances in FY 07/08 was $42,845 The outstanding loan amount was reduced by $5,036 during FY 07108. DI ATTACHMENT 2 City of La Quinta Developer Agreement Activity FY 07/08 For FY O6/07, the following development agreement payment was received for development agreements entered into after January 1, 2004 in accordance with Government Code Section 65865 Fee In lieu of Old Town Parking Amount Interest earned Total r^"7 W John M. Falconer, Finance Director City of La Quinta 78-495 Calle Tampico La Quinta, CA 92255 Mr. Falconer, September 19, 2008 Thank you for providing the City of La Quinta's Annual Development Project Fee Report and Quimby Special Revenue Fund for Fiscal Year 2007-2008. After reviewing these documents we are in need of some clarification on certain items: Infrastructure Fee In 'the Five Year Test matrix it is stated that revenue collected in the year 2001-was $91,115, however in the 2006-2007 report revenues collected for the 'same year were stated to be $210,807. Please explain this change and the fiscal consequences. ii6b 'Fee • In the Five Year Test matrix, it is stated that revenue collected in the year 2007 ,was '$2;207,385, however' in the 2b06-2007 "report revenues collected the same year were stated to be $2,209,954. Also, for the' same' year in Remaining Commitment $1,081,458 in the'currerit 'report and $1,081,458 in the previous., Developer Fee Schedute • Our. records indicate 'different fee rates for the following funds, example Res�eittial= SFDi` ` o' Transportation —1930 vs. the stated 1666 o. Civic Center— 995 vs. the stated 481 Developer Fee Funds ' • Please•explain the`diffefence.in'the Ending Fund Balance and the Loan Activity —Pr ncipal Ending for,the Civic Center. We look forward to the City's responses to our comments, concerns and requests for clarification. We'are confident that they will qualify the substance of.the,report and fulfill the City's annual 'reporting obligation to the_Mitigation Fee Act. Respectfully, ;- ATTACHMENT 3 BIA Desert Chapter Building Industry \.,oeiation orsouti,ern Csdifurnia 10.570 Springfield Lane ne Sul, F Palm Deem, Calif n nia 92211 760 :360 2476 fa> 760.772 3:372 ww'y.DemwtChapter eom V. Mail I34V(c@Desm'1ChaPtrcrom 088 10 ,fin Affiliate of die National As.oeititiun of Ilome Builder, and the California ftuilding Indu.trr "1..ueiation P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLS TAMPICO (760) 777-7000 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101 October 13, 2008 Mr. James Brownyard Vice President of Legislative Analysis Building Industry Association 77-570 Springfield Lane Suite E Palm Desert, CA 92211 RE: Fiscal Year 2007-2008 Annual Development Fee Report Dear Mr. Brownyard, Thank you for your review of the Development Project Fee Report. We have incorporated the following changes to the final report that will be presented to the City Council on October 21, 2008: Infrastructure Fee Upon staff s review, the prior year Fiscal Year 2007 report did not reflect a payment to TD Desert Development for $52,100 for landscape median reimbursements along Ave 50. This payment has been reflected in an adjustment to the beginning fund balance in the Fiscal Year 2007-2008 report. To explain the change, staff has recalculated the Fiscal Year 2006-2007 Infrastructure Report with the aforementioned additional payment, which now reflects collected revenues of $7,954 for 2000 and $210,807 for 2001. In Fiscal Year 2007-2008, $127,645 was spent so $7,954 was first applied against 2000 revenue and the balance of $119,691 applied against 2001 revenues. A revised Infrastructure Fee Calculation has been attached. Quimby Fee Upon staffs review, the $2,569 spent on Community Park Land Acquisition was applied against the Fiscal Year 2007 and should have been applied against Fiscal Year 2005 revenue using the First In First Out method. In researching this item staff has also identified $32,000 in shade structures that were installed in the La Quinta Sports Park which has also been applied against the 2005 revenues. A revised Quimby Fee Calculation has been attached. 089 11 Developer Fee Schedule Staff is in agreement with the comment and has updated the report to reflect a $1,930 fee rate for the Single Family Dwelling Transportation component and a $995 fee rate for the Single Family Civic Center Single Family Dwelling component. Developer Fee Funds Staff has attached the report that on a quarterly basis calculates the outstanding principal and interest on the advance. This report applies any Civic Center fees collected during the quarter first to interest and any remaining to principal. In addition, staff has attached the staff report approving the loan. Since the Civic Center Capital Improvement Project was closed in June 2008 no more additions to principal from construction activities will be made. If you have any follow-up questions please give me a call at 760-777-7150. Sincerely, 3John M. Falconer Finance Director/Treasurer City of La Quinta W/Attachments " l 090 12 City of La Quinta Infrastructure fee Government Code 66000 Calculation FY 07108 The infrastructure fee fund is used to account for the accumulation of resources, provided through developer fees for the acquisition, construction or improvement of the City's infrastructure as defined in Resolution 89- 39. The fee is based upon the attached formula and data sheet and varies from project to project. Beginning Ending Prior Year Report Beginning Account Description Fund Balance Adjustment Fund Balance FY 07/08 and Balance Revenues & Other Sources 0 Developer fees 0 14,373 Interest income Total Sources 0 0 14,373 Expenditures & Other Uses 52,100 52,100 Transfers out - Capital Improvement Project Fund 127,645 Total Uses 52,100 52,100 127,645 Total Available 585,783 (52.100) 513,693 (113,272) 400,421 Five Year Test Using First In First Out Method June 30, 2008 Remaining Commitment Unspent Unspent Funds Re resent Ending Fund Balance Revenues Collected from 2000 0 0 0 Revenues Collected from 2001 91,115 91,115 0 Revenues Collected from 2002 126,854 126,854 0 Revenues Collected from 2003 70,822 70,822 0 Revenues Collected from 2004 31,458 31,458 0 Revenues Collected from 2005 16,302 16,302 0 Revenues Collected from 2006 24,204 24,204 0 Revenues Collected from 2007 25,293 25,293 0 Revenues Collected from 2008 14,373 11,528 2,845 Total Ending Fund Balance 400 421 397 576 2 845 Result : Five Year Spent Test Met in accordance with Government Code 66001. Facilities emtion Lane into Centre Point I 25.000 Tampico Sidewalk & Drain Improv 102,645 100.00% 50.00% 100.00% 30.00% » 091 13 City of La Quints Infrastructure fee Government Code 66000 Calculation FY 06/07 The infrastructure fee fund is used to account for the accumulation of resources, provided through developer fees for the acquisition, construction or improvement of the, City's infrastructure as defined in Resolution 89-39. The fee is based upon the attached formula and data sheet and varies from project to project Account Description Beginning Fund Balance FY 06/07 Ending Fund Balance Revenues & Other Sources Developer fees Interest income 0 25,293 Total Sources 25,293 Expenditures & Other Uses Transfers out - Capital Improvement Project Fund 52,100 87,673 Total Uses 138,773 Total Available 628,174 (114,480) 513,694 Five Year Test Using First In First Out Method June 30, 2007 Remaining Commitment Unspent Unspent Funds Represent Ending Fund Balance Revenues Collected from 2000 7,954 7,954 0 Revenues Collected from 2001 210,807 210,807 0 Revenues Collected from 2002 126,854 126,854 0 Revenues Collected from 2003 70,822 70,822 0 Revenues Collected from 2004 31,458 31,458 0 Revenues Collected from 2005 16,302 16,302 0 Revenues Collected from 2006 24,204 24,204 0 Revenues Collected from 2007 25,293 25 293 0 Total Ending Fund Balance 513,694 513.694 0 [Result, Five Year S ent Test Met in accordance with Government Code 66001. Capital Improvement Facilities Capital Improvement Facilities Washington St Storm Drain Improv 2003/04 Traffic Signal Improvements _ Simon Or Traffic Signal Calle Tampico Sidewalk & Drain Improv Ave 50 improvements Total FY O6/07 0 5,441 39,621 42,611 62,100 139.773 Remaining Commitment 397,576 15,810 0 102,646 0 516 032 % Complete 6.00% 100.00% 100.00% 12.00% 100.00% %funded with fee 100.00% 16 70% 13.70% 36.00% 100.00% 092 14 City of La Quinta Quimby Fees Govemment Code 66000 Calculation FY 07/O8 The City has established the Quimby Special revenue fund. The fund is used to account for the accumulation of developer fees received under the provisions of the Quimby Act for park development and improvements. The fee is based upon the attached formula and data sheet and varies from project to project. Beginning Ending Account Description Fund Balances FY 07/08 Fund Balances Revenues & Other Sources Developer fees $299,326 Interest income 404,835 Contributions from property owners 0 Miscellaneous 4,300 Transfers in 0 Total Sources 708,461 Expenditures & Other Uses 32,000 Transfers out Capital Projects 2,569 Total Uses 34,669 Total Available $9,666,027 $673,892 $10,3 99,919 Five Year Test Using First In First Out Method Remaining Unspent Funds Represent Ending Fund Balance June 30, 2008 Commitment Unspent Revenues Collected from 2005 Revenues Collected from 2006 Revenues Collected from 2007 Revenues Collected from 2008 Total Ending Fund Balance $1,336,130 6,085,374 2,209,954 708 461 $10,339,919 $1,336,130 6,085,374 1,081,458 0 $8,502,962 $0 0 1,128,496 708,461 $1,836,957 Result: Five Year Spent Test Met in accordance with Govemment Code 66001. - Remaining Capital Improvement Facilities FY 07108 Commitment % Complete %funded with fee Shade Structures - LQ Sports Park $32,000 $0 100% 100% Sports Complex Renovation 0 540,100 0% 100% 100% Community Park Land Acquisition 2,569 7,997,431 0% Total $34,569 $8,537,531 093 iV /{ \ \/2"/ �\\"§■ , |||(!■!!! | 16 ,,> o94 City of La Quinta Civic Center DIF Advance (1) (2) (3) Loan Adv Bal 252 (Repayment) Balance 4/1/07 - 730954.15 730,954.15 511/07 730,954.15 730,954.16 6/1/07 730,95415 2,300,370.58 3,031,324.73 711/07 3,031,324.73 29527.3 3,060,852.03 8/1107 3,060,852.03 1006078 04 4,066,930.07 9/1107 4,066,930.07 1375414.29 5,442,344.36 1011107 5,442,344.36 904,066.90 6,346,411.26 11/1/07 6,346,411.26 (152,965.78) 6,193,445.48 12/1/07 6,193,445.48 1,163,40418 7,356,84966 111/08 7,356,849.66 408,765.44 7,765,615.10 211108 7,765,615.10 759,060.27 8,524,675.37 3/1/08 8,524,675.37 493,733.27 9,018,408.64 411/08 9,018,408.64 104,858.80 9,123,267.44 5/1108 9,123,267.44 (236,484.77) 8,886,782.67 6/1/08 8,886,782.67 382,251.64 9,269,034.31 ((1)`(8))/12 (4) (5) (6) (7) (8) Int Exp 252 Cumulative Repayment Cumulative Interest rate - - - 5.20% 3,057.82 3,057.82 3,05782 5.02% 3,155.29 6,213.11 (6,213.11) - 5.18% 13,161.00 13,161.00 13,161.00 5.21% 13,18717 26,348.17 26,348.17 5.17% 17,487.80 43,835.97 (43,835.97) - 516% 23,154.76 23,154.76 23,154.76 5.11% 26,578.23 49,732 99 49,732.99 5.03% 25,679 39 75,412 38 75,412.38 4.98% 28,323.87 103,736.25 103,73625 4.62% 26,920.80 130,657.06 130,657.05 4.16% 28,415.58 159,072.63 (62,874.66) 96,197.97 4.00% 25,552.16 121,750.13 121,750.13 3.40% 23,355.56 145,105.69 145,105.69 307% 21,431.96 166,537.65 (42,572.12) 123,965.63 2.89% �.... 095 17 COUNCHIRDA MEETING DATE: September 19, 2006 AGENDA CATEGORY: BUSINESS SESSION: rrEMTITLE: Consideration of an of Contract t0 ISM CONSENT CALENDAR: Works Construction Services to Construct the City Hall Expansion, Project 2002-01, Appropriation of Funding and STUDY SESSION: _ Advance From the General Fund to the Civic Center PU LICHEARING: _ Development Impact Fee (DIF) Fund RECOMMENDATION: the contract to GM Works Construction Services in the amount of $8,710,514 to construct the City Hall Expansion, Project No. 2002-01, appropriate $9,072,153 from the Civic Center DIF and advance $9,615,094 from the General Fund to the Civic Center DIF fund. FISCAL IMPLICATIONS: Funding for the project will come from the Development Impact Fee (DIF) with the exception of $657,000 which will come from the equipment replacement fund for modification of the existing HVAC system. The following represents the funding for the project: Civic Center DIF $12,651,000 HVAC Replacement Fund $657,000 Total Funding $13,308,000 Previously, $3,578,847 had been appropriated from the Civic Center DIF. In order to accelerate the project, an additional $9,072,152 in Civic Center DIF appropriations will be required. ran -. 096 18 The following represents the total projected expenditures for the project: Design $ 730,297 Construction Management 580,008 Construction 8,710,514 Owner Supplied Materials 300,000 Furniture, Fixtures, Equipment 1,000,000 Testing 100,000 Administration 487,181 Contingency 1,400,000 Total Projected Cost $13,308,000 To date, $3,035,906 of Civic Center DIF funding has been collected and made available for this project. It will be necessary for the General Fund Reserve to loan $9,615,094 ($12,651,000 - $3,035,906) to the DIF in order to construct the project now. Interest will be paid on the outstanding balance owed to the General Fund from future DIF proceeds at a rate equal to that which would have been earned by the Local Agency Investment Fund (LAIF). Interest will be charged quarterly based upon the outstanding General Fund balance. Repayments will be credited first against interest with the outstanding principal credited second. CHARTER CITY IMPLICATIONS: The project was bid as a non -prevailing wage job thereby saving the City some of the costs associated with labor. BACKGROUND AND OVERVIEW: On August 6, 2002, the City awarded a contract to David Evans and Associates for design of the City Hall expansion. The addition will include approximately 15,000 square feet of administrative offices as well as an approximately 8,000 square foot basement which will house an Emergency Operations Center (EOC) as well as space for storage. On. June 6, 2006, the City Council authorized the plans to go to bid. The construction estimate provided on that date was $10,342,000. On September 12, 2006, the following bids were received for the project: GKK Works $ 8,710,514 Sol Pak Inc. $10,495,000 CE Wylie Construction $10,680,000 Douglas E. Barnhart $11,043,356 Subsequent to the bid opening, the City received a protest letter from Soltek Pacific JJ -.... 097 1s which is included as Attachment 1. Staff is in the process of investigating the alleged deficiencies outlined in the letter and will address them accordingly. However, in the opinion of the City Attorney, if the issues raised in the protest are found to be valid, there are remedies available which do not necessitate the rejection of the M Works bid as unresponsive. Assuming the City Council the contract at today's meeting, the following represents the anticipated project schedule: Notice to Proceed Construction Period Accept Improvements FINDINGS AND ALTERNATIVES: October 1, 2006 October 2006-October 2007 November, 2007 Alternatives available to the City Council include: 1. the contract to MM Works Construction Services in the amount of $8,710,514 to construct the City Hall Expansion, Project No. 2002-01, appropriate $9,072,153 from the Civic Center DIF and advance $9,615,094 from the General Fund to the Civic Center DIF fund; or 2. Reject all bids and do not a contract for construction of Project 2002-01: or 3. Provide staff with alternative direction. Respectfully submitted, `rel'bl Tom Hartung Director of Building and Safety Approved for submission by: ThomGenovese, City Manager Attachment: 1. soltek Pacific Letter of Protest » 098 203 Twit 4 Fgj OF'1''� , COUNCIL/RDA MEETING DATE: October 21, 2008 ITEM TITLE: Denial of Claim for Damages Filed by: Maricela Cisneros Casarez; Date of Loss - June 19, 2008 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Deny the Claim for Damages filed by Maricela Cisneros Casarez; Date of Loss - June 19, 2008. FISCAL IMPLICATIONS: The total amount of the claim is $428,900. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Maricela Cisneros Casarez with a reported date of loss of June 19, 2008 (Attachment 1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. has reviewed the matter and recommends that the City Council deny the claim. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Deny the Claim for Damages filed by Maricela Cisneros Casarez with a reported date of loss of June 19, 2008; or , r1 099 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, " e Bret M. Plumlee, Assistant City Manager - Management Services Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Maricela Cisneros Casarez, Claim for Damages -• 100 FILE WRH: CITY CLERICS OFFICE City 01 Ls Oabta P.O. Box 1504 Le aide, CA W53 CLAIM FOR DAMAGES TO PERSON OR PROPERTY INSTRUCTIONS t. Clehnsbrdeaa4 *rybPinorbPmWPmped9mustbetilednp MKthenshe111"db to ocd 4rm (Gov. Cade S 9112.) 2. Cbkm terdwuW b red popedy anibe Sod not kW alien 1 yearalter fire o0dareh oe• (Gov. Coda ¢ 9112.) 3. PWde*0d*nfcwnbef0ms 9. !. See M2brdeymmuPonwhich bbl*0"OfeoddonL S.Thisdl0tmmmWt**l9' d0n{W2atbo6om. 6.Alladh"par*to* Imrmm'DObebddatadsSIGNEACHSHEET. 510 La Busirrr>ss Add ess OfClatant --- CA 31100 Avenida La Gaviota, Cathederal City, t3he eddiesa and talapltaie numEer b wthkh Ym desks flOdm a aolnnwrdcabnsb be nerd mprdmpdabn: Patrick J. Starkr 501 W. Broadway Ste 77 -. ne1n1 9101-338-9500 _ BCbrbnlsfWWbptekrdeaadty.givedeb L Unknown datmant served w1h the atxrplab Date: - -- uiv and locate on dmOmm i �md add= and meamuements from bWmaAoz See Attached Narrative Of 6 See Attached Narrative See Attached Narrative See Attached Narrative ATTACHMENT 1 RESERVE FOR FILING STAMP CLAIM NO._______—.-- _P 30 Pn u Cl 1/11/1971 up= 0f mknsnt eaning Com, neTewanedchim I60-531 ineav Telephare dcl 760-567-084 brmnft a SODA an-79-7081 N... 101 The amount daimed, as of the date of presentation of this da6n, Is canPuiad as f stimabd damages as far as kroxn: Damages Icy to date (e 4: $4 28 , 9 0 0 _ Fusee eveoses for medleai and hospital care .SEVen--- Damagebpmperty ..........,.a Ss-- Fuhrreloss of earnbgs .................... Loss o es for medical end laspdal are ..... $ �s�= — S �BD Loss of eahmtgs ........................ $ .a_ _— Orher ospemve gene special damages .......... Special damages for ..................... $ _n,4a Prospective damagesral d. damages .......E TBD Total estimated prospective crapes ...... . Ganeml damages .......:............... $ 428,900 Toraldamages inamedbdata .......... $ TBn Totalamountddmodasofdabofprmtlimo(Mdaam $428,900 Was damage and for Injury investigated by poke? No If so, r dd y? Were pararnedIcsofwbd"wca>bdy Ifso.narrecityorambularm ti inood, stab d* tuna, nar:re and address of doctor of your initial vlsll WMEASES b DAMAGE or MM: Lid ae nw%ons and addresses of X(Soas lororar to have hltorrcratioo: phone Name—,RPP Attached Address ` _ RKIFIO Name Address phone Hasa Address DOCTOR ANDHOSPfTALS:, Address �— Hoaphai Address Ph" Do*( AddressPhone Doctor IEAD FaL Fadeaidst ea cS nmrede4aeb 6duwroNodh ep3lmtYM74redfa ndbcasmafpnyoavelddaettreliwedlbeecdbrd EaalSoutr,Ardwet kdadeOmofwd dby7randbyghm"Musa b/7345andtiePM01hPadby-V aarDeraandhYrrUesbebeatamOM ffCV4VeNcbwaateoI NOTE:I®egwabebrdonattt0restUdoa,albMbarebepropwdt am Wbr-A-bWMdCIVWII eadannYOUtrdemitandby7y'batoUdyamad or yourvddde when you OWSMCIVVWWroodonotCNyvaNdadtmed spadbN 'd SIDEWALK CURB CURB —z PARKWAY 7 61DEWALK � b Claim E. 4 102 NARRATIVE ATTACHMENT TO CLAIM FOR DAMAGES Claimant, MARICELA CISNEROS CASAREZ, (hereafter "Claimant') purchased her home on or about April 9'", 2007. Her home is located at 51040 Avenida Velasco, La Quinta, California (hereafter "Propert)0- Claimant paid $341,000.00 for the Property. Claimant obtained an ALTA title policy from United Capital Title Insurance Company, policy number 1086-10702371. Claimant filed for a building permit to perform certain improvements to her Property. Such building permit was rejected. On or about June 19, 2008, Greg Butler, Building and Safety Manager for the City of La Quinta, informed Claimant, via a letter (see Exhibit A, attached) that she would not be able obtain building permits for construction of a pool or guest house in her back yard. Mr. Butler informed Claimant that she had a certain utility easement in her back yard. In Exhibit A, Mr. Butler states that this easement was created on May 4, 1993 by virtue of Resolution 93-35 of the La Quinta City Council ("Easement"). Mr. Butler states this Easement was granted to the Coachella Valley Water District ("CV WD"). Mr. Butler states that construction of a pool or guest house in Claimant's back yard would interfere with the CV WD's right to maintain its underground water pipes. Claimant's title report does not indicate the existence of the Easement as described in Mr. Butler's letter. After an investigation, it is believed that no record can be found of either the City of La Quinta ("City") or the CV WD filing and recording this Easement with the Riverside County Recorders Office as is described in Mr. Butler's letter. Also, it is believed that no record of the City or CV WD filing or recording with the Riverside County Recorders Office Resolution 93-35, as is described in Mr. Butler's letter. 'thus, the public records with the Riverside County Recorders Office do not reflect this Easement. Claimant was not informed by the Seller of the Property of the existence of this Easement. As such, Claimant was an innocent third party purchaser. Claimant's Property has now been severally reduced in value. Claimant seeks rescission of the purchase agreement and/or damages in the amount of $341,000 for the purchase of the Property, a return of her monthly payments which total $2,600.00 multiplied by 19 months of mortgage payments, and $30,000 for the money she invested in this Property. Claimant is also seeking attorneys fees in the amount of $8,500, currently. 103 WITNESS ATTACHMENT Fidelity National Title Company United Capital Title Insurance Company 73271 Fred Waring Dr, Ste 101 251 So. Lake Avenue, Ste 400 Palm Desert, CA 92260 Pasadena, CA 91101 104 P.O. BOX 1504 LA QVINTA, CALIFORNIA 92241.1504 79.495 CALLS TAMPICO LA QUINTA, CALIPOQNIA 92253 June 19, 2008 Ms. Maricela Casarez 51040 Avenida Velasco La Quints, CA 92253 P.I BVILDINO & SAFETY DEFARTMeNT (750) 777.7012 FAX (760) 777.7011 Dear Ms. Casarez; I have reviewed your letter of June 2, 2008, and a number of documents on file In the La Quinta Public Works Department, regarding utility easements on your properly at 51040 Avenida Velasco (APN: 773.066-026). On May 4, 1993, the La Quints City Council, through Resolution 93-35, vacated the south half (30 feet) of Calls Tampico adjacent to the north line of your property, transferring It to the abutting private property owner in exchange for land dedication to develop cul-de-sacs in lieu of through streets. The findings in the Resolution Included the following language: "However, reservation easements in favor of the existing public uttlldes company Y411 be required to allow them access to their existing facilities.' Known utilities that pass east and west through the vacated area include, but may not be limited to, overhead power Ones belonging to Imperial Irrigation District (IID) and underground water Ones belonging to Coachella Valley Water District (CVWD). In a letter to Mr. Doug Belknap, the builder of your home, dated June 3, 2000. ItD restated its right to a safety clearance of five feet north and south of its pole line and prohibited construction of buildings or swimming pools beneath the existing power lines. In a letter to Mr. Belknap dated September 9, 2005, CVWD asserted that permanent structures in the area of Its pipeline would Infringe on its right to operate and maintain the pipeline without unreasonable Interference, Based upon the reviewed documents, It Is my opinion that the Building & Safety Department would not be able to issue building permits for construction of a pod or guest house in the area reserved as utility easements. Yours truly, < 1� Greg Butler Building & Safety Manager RN Ze/19 39Vd NV36 lAVdD?JIV 10VdVI 6TEST9£6F6 90:60 800Z/TZ/80 STARK & UAMBROSIO, LLP ATTORNEYS AT LAW 501 W. Broadway, Suite 770 San Diego, California 92101 tel. (619) 338-9500 fax (619) 338-9595 September 25, 2008 City Clerk's Office City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Re: Claim For Damages Dear City Clerk: Enclosed herein please find an original and a copy of a Claim for Damages regarding the property located at 51040 Avenida Velasco, La Quinta, CA. I have attached an extra copy for return and a self addressed self stamped envelope for return once it has been filed. If you have any more question please contact our office as soon as possible. Sincerely, JNC/pjs Enclosures 0.... 106 ceit!t ot 4 Qaha COUNCIL/RDA MEETING DATE: October 21, 2008 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the Off -Site Improvements for Tract Map No. 30092, Piazza Serena, K. Hovnanian Forecast Homes, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the off -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to September 3, 2009 for Tract Map No. 30092, Piazza Serena, K. Hovnanian Forecast Homes, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Piazza Serena (Tract Map No. 30092) is located north of Avenue 58 and west of Monroe Street (Attachment 1). On February 3, 2005, the City and K. Hovnanian Forecast Homes, Inc. entered into a SIA for Piazza Serena. Section 6 of the SIA requires: 'that the subdivision improvements shall be completed within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and 101 when it deems necessary, to declare Subdivider in default of this S/A, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the improvements in response to changes in standards or conditions affecting or affected by the Improvements." In a letter dated July 31, 2008 (Attachment 2), the developer requests a time extension to September 3, 2009 for the remainder of the off -site improvements, which include median landscaping along Monroe Street, a traffic signal, and other punch list items. Staff has prepared the attached resolution which provides for approval of the time extension of the SIA. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the off -site improvements as specified in the approved Subdivision Improvement Agreement to September 3, 2009 for Tract Map No. 30092, Piazza Serena; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the off -site improvements time as specified in the approved Subdivision Improvement Agreement to September 3, 2009 for Tract Map No. 30092, Piazza Serena; or 3. Provide staff with alternative direction. Respectfully submitted, Vothy R. na s , P.E. Public Work Dir for/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from K. Hovnanian Homes dated July 31, 2008 108 RESOLUTION NO. 2008- A' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE OFF -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO SEPTEMBER 3, 2009 FOR TRACT MAP NO. 30092, PIAZZA SERENA. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 30092, Piazza Serena, on February 3, 2005; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by February 3, 2006, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section S. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the off -site improvements as required by the approved SIA is extended to September 3, 2009. Section 2. The time extension for completing the off -site improvements shall expire when City offices close for regular business on September 3, 2009. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. 109 Resolution No. 2008- Tract Map No. 30092, Piazza Serena Adopted: October 21, 2008 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 21't day of October 2008, by the following vote, to wit: AYES:Council Members (Clerk's Office will enter) NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 110 ATTACHMENT 1 TM 30092 - PIAZZA SERENA COACT PROJECT SITE VICINITY M NOT TO SCALE CITY COUNCIL MEETING: October 21, 2008 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the Off -site Improvements for Tract Map No. 30092, Piazza Serena APPLICANT: Mr. James Crandall, K. Hovnanian Homes ATTACHMENT 2 Homes VIA OVERNIGHT DELIVERY & FAX NO. (760) 777-7101 July 31, 2008 Timothy R. Jonasson, P.E. Public Works Director/City Engineer City of La Quints, Public Works Department 78-495 Calle Tampico RECEIVED AUG 06 2008 PUBLIC WORK c f ' 4b AU6 i b La Quints, California 92253 4%%� TO Re: Piazza Serena— Tract 30092 SIA Time Extension ' "tes Dear Mr. Jonasson: This letter is being written to request _a;.time extension for the On -site and Offsite Subdivision Improvement Agreements for Tract 30092. We currently estimate that our improvements should be completed by September 2009. Offite improvements left to complete include capping of streets for those street portions intract that are currently vacant. Offsite improvements include minor repair of curb and gutter and landscape maintenance as needed. Please let me know if there is anything else beyond this request letter necessary to extend the Agreements. ' Please contact me should you have any questions or need further clarification an this matter. Thank you Sincerely, James Crandall Land Planning Manager K. Hovnanian Communities ,ey;. ;t a lane ex: cmen� . R>r Tract 01( . c , t, Cc: Amy Yu, Assistant Engineer II , Darren Bolton, VP Land Development 1500 S. HAVEN AVE, SUITE 100, ONTARIO. CA 91791 TEL: (909) 937-3270, FAX: (909) 390-5989 KHOV.COM 112 T&9p 4 4 a" COUNCIL/RDA MEETING DATE: October 21, 2008 ITEM TITLE: Acceptance of Dedications for Easement for 1) Public Utility/Sidewalk/Emergency Access and 2) Pubic Street and Utility Purposes From St. Francis of Assisi Catholic Church, Along Washington Street RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: / STUDY SESSION: PUBLIC HEARING: Acceptance of Dedications for Easement for 1) Public Utility/Sidewalk/Emergency Access and 2) Pubic Street and Utility Purposes from St. Francis of Assisi Catholic Church, along Washington Street. FISCAL IMPLICATIONS: There are no fiscal implications with this action. However, when the proposed traffic signal and street improvements are constructed funds for their maintenance will be requested as part of a future budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The proposed Easements are located on Washington Street across Lake La Quinta Drive (Attachment 1) on Parcel 1 of Lot Line Adjustment 98-295 of Parcel Map No. 15772. As a Condition of Approval of Tract Map No. 35060 to the south, Laing Luxury Homes (Developer) was conditioned to obtain work with the adjacent property owner permanent access easements for improvements where it abuts St. Francis of Assisi Catholic Church across Lake La Quinta Drive. ..,. 113 As part of the permanent access easement to the Developer, Saint Francis of Assisi Catholic Church will need to provide 1) Public Utility/Sidewalk/Emergency Access (Attachment 2) and 2) Pubic Street and Utility Purposes (Attachment 3) to the City of La Quinta along Washington Street. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept Dedications for Easement for 1) Public Utility/Sidewalk/ Emergency Access and 2) Pubic Street and Utility Purposes from St. Francis of Assisi Catholic Church, along Washington Street, or 2. Do not accept Dedications for Easement for 1) Public Utility/Sidewalk/ Emergency Access and 2) Pubic Street and Utility Purposes from St. Francis of Assisi Catholic Church, along Washington Street; or 3. Provide staff with alternative direction. Respectfully submitted, a thy R. Jo sso .E. Public Works Direct City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Public Utility/Sidewalk/Emergency Access Easement Exhibit 3. Pubic Street and Utility Purposes Easement Exhibit 114 ATTACHMENT 1 FRED I WARING tz W H N PROJECT SITE Z MILES AVENUE HWY. I I I 48th 50th 52th I AVENUE AVENUE AVENUE VICINITY MAP NOT TO SCALE 115 ATTACHMENT 2 iRECORDING REQmasM BY AND WHEN RECORDED RRTORN TO: City of La Quinta j 76-495 Calle Tampica La Quint&, CA 92253 ATTN: (Space Above Line For Recorder's Use) PUBLIC UTILITY/SIDEWALK/EMERGENCY ACCESS EASEMENT DEED FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, THE ROMAN CATHOLIC BISHOP OF SAN BERNARDINO, A CORPORATION SOLE, ON BEHALF OF ST. FRANCIS OF ASSISI CATHOLIC CHURCH (hereinafter referred to as the "Grantor") „hereby grants to the City of La Quints, a municipal corporation (the "Grantee"), the following easement ("Deed"), subject to covenants, conditions, and restrictions, all as more particularly set forth hereinbelow. 1. Grant of Easement. Grantor, as the owner of Parcel 1 of Lot Line Adjustment 98-295, as shown on Instrument No. 98- 551719, recorded on December 21, 1998, in the Official Records of Riverside County, California ("Servient Tenement"), does hereby expressly create, establish, and grant to Grantee, a nonexclusive easement appurtenant to that certain public street commonly known as Washington street in, on, over, under, across, and through those portions of the Servient Tenement described and depicted on Exhibit "A" and Exhibit "B" hereto and incorporated herein by reference (the "Basement Area"), for purposes of ingress, egress, access, placement, laying, operation, maintenance, inspection, repair, and replacement of public utilities, a sidewalk, and emergency vehicular access, all as more particularly set forth hereinbelow. 2. Description of the Easement. The easement created, established, and granted herein is for the installation, maintenance and repair, and operation of public utilities, a sidewalk, and for emergency vehicular access. 3. Secondary Easement Rights. The easement created, established, and granted herein shall include, as incidental \ thereto, rights of ingress, egress and access in, on, over, under, across and through those portions of the Servient Tenement that are reasonably necessary for the purposes set forth hereinabove. 10324.283-15143. eat 031308 116 4. Commencement. The easement created, established, and granted herein, and all the terms and provisions set forth herein, shall become effective immediately upon the recordation of this Deed. 5. Noninterference with Easement Area. Nothing in this Deed shall be construed to restrict in any way the rights of the owner of the Servient Tenement and its successors, assigns, or grantees, to use or develop those portions of the Servient Tenement which are not subject to the Easement Area, or to construct improvements within the Easement Area (subject to the conditions set forth below) that do not interfere with the use or intended use of the easement herein granted. Grantor retains the rights to make such uses of the Easement Area as shall not unreasonably interfere with the easement rights granted to Grantee herein. 6. Enforcement. The owners of the ser-iient Tenement and the Grantee shall have the right to enforce, by proceedings at law, all of the terms and provisions set forth herein, including, without limitation, the right to prosecute a proceeding, at law, against the person or persons who have violated, or are attempting to violate, any of said terms and/or provisions, to cause said violation to be remedied and/or to recover damages for said violation. 7. Performance of Work. Any owner or entity perform- ing, or causing to be performed, any work on the Basement Area shall ensure that reasonable safety precautions are used to prevent unnecessary risk of injury to persons or property during the performance of such work, and shall carry and maintain, at all times while the work is being performed, workers' compensation insurance coverage, commercial liability insurance coverage, and other appropriate insurance coverage, with minimum coverage limits equal to or greater than those coverage limits typically obtained with respect to similar work being performed in the locale of the Servient Tenement. Bxcept in the event of an emergency, all work in the Easement Area, shall be performed during normal business hours. Under all circumstances, the owner or entity performing, or causing to be performed, such work shall use best efforts to minimize the duration of the work and the inconvenience to the owners and tenants of the Servient Tenement. 8. Materialmen's Liens/Notices. Grantee, or its successors, assignees, or grantees, shall indemnify, defend and hold the owners of the Servient Tenement, and their successors, assignees and grantees, harmless from any claims or damages resulting from any mechanics' or materialmen's liens recorded against the Easement Area and arising by reason of any work caused to be performed on the Easement Area by the Grantee, or its successors, assignees, or grantees. if a mechanic's lien or materialmen's lien is recorded against the Easement Area, the Grantee, or its successors, assignees, or grantees shall have the 28324.203-3514a.rcn on3oa 117 right to contest such lien(s) so long as the Grantee or its successors, assignees, or grantees, procures a bond in the amount of one and one-half (1-1/2) times the amount of such lien(s), as required under Section 3143 of the California Civil Code, as same may be amended from time to time, to release such lien(s). Grantee, or its successors, assignees, or grantees shall, except in case of an emergency, give the owner of the Servient Tenement at least ten (10) calendar days prior written notice of the actual date for the commencement of any work within the Basement Area to provide the owners of the Servient Tenement with the opportunity to post and record notices of nonresponsibility as deemed necessary. 9. Waiver. The failure to enforce any of the terms or provisions set forth herein shall not constitute a waiver of the right to enforce the same thereafter. 10. Construction. The provisions of this Deed shall be liberally construed to effectuate Grantor's intent to grant an easement to Grantee for the installation, maintenance and repair, and operation of public utilities, a sidewalk, and for emergency vehicular access. The section headings have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction. whenever the context hereof may so require, the singular shall include the plural, and the masculine shall include the feminine and neuter. This Deed shall be interpreted as if both the Grantor and Grantee drafted it. 11. Mortgagee Protection. A violation of the covenants, conditions and restrictions set forth herein shall not affect or impair the lien or charge of any bona fide mortgage or deed of trust made in good faith and for value on all or any portion of the Basement Area; provided, however, that each and all subsequent owners of all or any portion of the Basement Area shall be bound by the covenants set forth herein, without regard to whether such owner's title was acquired by foreclosure, trustee's sale or otherwise. 12. Severability. If any clause, sentence or other portion of this Deed shall be held by any court of competent jurisdiction to be unenforceable for any reason, the remaining portions thereof shall remain in full force and effect. 13. inurement. The easement created, established, and granted herein is a permanent, nonexclusive easement appurtenant to that public street commonly known as Washington Street. The easement is subject to all of the terms and provisions set forth hereinabove, and said provisions shall benefit the Grantee and burden the Servient Tenement. 14. Amendment. In order to become effective, any alteration, change, or amendment of this Deed shall be made in 18324.283-15143.FC 831388 118 writing, and shall be executed on behalf of the owners of the 8ervient Tenement and the Grantee and recorded in the Official Records of Riverside County. 15. Not a Public Dedication. It is the Grantor's intention that this Deed be strictly limited to the purposes expressed in this Deed, and nothing in this Deed shall be deemed to be a gift or dedication of any portion of the Easement Area to the general public or for the general welfare for any specific purpose. 16. Attornev's Fees. In any dispute, litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Deed (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Deed, the prevailing party will be awarded reasonable attotney's fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment. 17. Time. Time is of the essence with respect to the matters set forth herein. [signatures to follow] 10334.383-15143.PM 03130E 4 119 i THIS DEED is made and accepted, and the easements hereby granted are subject to the easements, rights, covenants, re- strictions, limitations, conditions, uses and other terms and provisions set forth herein, and is expressly conditioned upon the ! performance of all of such appropriate provisions by Grantee. THE ROMAN CATHOLIC BISHOP OF SAN BERNARDINO, A CORPORATION SOLE, ON BEHALF OF ST. FRANCIS OF ASSISI CATHOLIC CHURCH By:!c}7Lw,k— Name• Title• "GRANTEE" CITY OF LA QUINTA, a municipal corporation BY: mayor ATTEST: - BY: City Clerk APPROVED AS TO FORM BY: City Attorney 5 �. 120 STATE OF CALIFORNIA ) ) ss. COUNTY OFj6A Bcrrwdi4 On 200 f, before me, Notary Public in and for said State, personally appeared Gitrold ii. lagrAes , who proved to me on the basis of satisfactory evidence) to be the person(s) whose name (s) dpsare _WLbscribed to the within instrument and acknowledged to me that she/they executed the same in d!>/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s) or the entities 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 is true and correct. W`IrI SS my hand and official seal. Signature of of P (SEAL) Colpl I I SGUM �011 ♦i111vAq CilMw ' 38324.283-15143.FCM 031308 STATE OF CALIFORNIA ) as. COUNTY OF ) On , 200_, before me, , a Notary Public in and for said State, personally appeared , who proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s) or the entities 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 is true and correct. WITNESS my hand and official seal. Signature of Notary Public 18324.283-15143.8 031308 7 (SEAL) 122 EXHIBIT "A" SHEET 1 OF 3 SHEETS LEGAL DESCRIPTION: THAT PORTION OF PARCEL 1, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN ON LOT LINE ADA S'ENT LLA No. 98-295, RECORDED DECEMBER 21, 1998 AS INSTRUMENT No. 98-551719 OF OMCIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 1, THENCE SOUTH K31'01N WEST, ALONG THE SOUTHERLY LINE OF SAID PARCEL 1, A DISTANCE OF 9.13 FEET 10 THE TRUE POINT OF THENCE CONTINUING ALONG SAID SOUTHERLY LINE, SOUTH 8731'010 WEST, A DISTANCE OF 10.01 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY HONING A RADIUS OF 2782.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 8726'19' WEST, THENCE LEAVING SAID SOUTHERLY UNE, NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF W33'41'. AN ARC LENGTH OF 27.26 FEET, A RAOW. LINE THROUGH SAID LAST POINT BEARS NORTH 8952'38' WEST; THENCE NORTH 43'38'O8N WEST, 40.82 FEET, THENCE SOUTH 89'31'01' WEST, 52.78 FEET 10 THE BE- GINNING OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 248.00 FEET. THENCE WEST- ERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27DV44' AN ARC LENGTH OF 95.57 FEET TO THE BEGINNING OF TANGENT REVERSE CURVE CONCAVE NORNERLY HIVING A RADIUS OF 652.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 223343' EAST, THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0259W, AN ARC LENGTH OF 34.04 FEET TO THE BEW#= OF TANGENT COMPOUND CURVE CONCAVE NORTNETI.Y HAVING A RADIUS OF 96.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 19'3414N EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23'324r, AN ARC LENGTH OF 39.45 FEET TO THE BEGINNING OF TANGENT REVERSE CURVE CONCAVE SOUMERLY HAVING A RADIUS OF 76.00 FEEL A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 03'S8'33' WEST; THENCE WESTERLY HUNG SAID CURVE THROUGH A CE 41M ANGLE OF 1742'4f AN ARC LENGTH OF 23.49 FEET TO THE BEGINNING OF TANGENT REVERSE CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 377.95 FEET, A RADIAL LINE THROUGH SAID POINT BEARS MUM IT44W EAST, THENCE WESTERLY ALONG SAID CURVE THROUGH A CENM ANGLE OF 074533' AN ARC LENGTH OF 18.20 FEET TO THE BEGINNING OF TANGENT REVERSE CURVE CONCAVE SOUXAST- ERLY HAVING A RADIUS OF 5.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 10' 58'36N WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL. AISLE OF 79' 21'2d' AN ARC LENGTH OF 6.93 FEET; THENCE SOUTH 01720'00" EAST, 11.42 FEET TO SAID SOUTHERLY LINE OF PARCEL 1, THENCE SOUTH 89'31'01N WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF 70.57 FEET; THENCE LEAVING SAID'SOUTHER.Y LINE, NORTH OO'28'59r WEST, 33.39 FEET TO THE BEGNNING OF TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 65.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7932'45, AN ARC LENGTH OF 89.11 FEET TO THE BEGINNING OF TANGENT REVERSE CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 557.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 1T56'15' EAST, THENCE EASTERLY ALONG SAID CURVE THROUGH A CEN- ANGLE OF 1937'2f AN ARC LENGTH OF 103.29 FEET TO THE BEGINNING OF A TANGENT RE- VERSE CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 343.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 2733'43' WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL. ANGLE OF 2704'44', AN ARC LENGTH OF 132.18 FEET; THENCE NORTH 8731'01' EAST, 76.67 FEET; THENCE SOUTH OCY28'59' EAST, 39.50 FEET; THENCE SOUTH 89'31'01' WEST, 2.69 FEET; THENCE SOUTH 00'2859N EAST, 63.50 FEET; THENCE SOUTH 43' 38'08N EAST, 24.80 FEET 70 THE BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS 2772.00 FEET AND PASSING THROUGH THE TRUE POINT OF BEGINNING, A RADIAI. LINE THROUGH SAID PONE BEARS SOUTH 86'47'16' EAST, THENCE SOUTHERLY ALONG SAW CURVE THROUGH A CENTRAL ANGLE OF 0038'24 AN ARC DISTANCE OF 30.96 FEET TO THE TRUE POINT OF empona i SAID EASEMENT AREA CONTAINS 33,908 SQUARE FEET, MORE OR LESS. MORSF 7S-0OS ANnNR SIB 206 . IeO d& EOKICN yy,K MOliI„Nlist! mo m I'L FAX 700.17HWJ S C H & l i! tlNgiNOvAmNN,Rr ERS ENSIN8HR8 SRRYHYBRS a x a PREPARED UNDER THE SUPERVISION OF: LS m fL4(' �( (� �r * Exp. 12at-09 1 ctp 1 ( OO 9jFpc C-31-0 CNRIS J. P.I_DATE !\pp7�p719191Cw Mffm.0s7.i9fift 00--le.O! 12 SHEET 2 OF 3 SHEETS EXHIBIT 99B" PORTION OF PARCEL 1, L.L.A. 98-295, Rec. 12-21-98, Inst. No. 98-551719, O.R. PORTION OF S.W. 1/4 SECTION 30, T. 5 S., R. 7 E., S.B.M. S O'20'00-E 11.42, — 6=7532'45 R=p65.00'• L=W.11` 70.57'- N O'28'59R.39W 33•• —M 551.43'- �� S F ST. FRANCIS OF ASSISI CATHOUC CHURCH PARCEL I LLA. 98-296 Rec. 12.21M het. No. 98451719 %ti Ent v ]� aw SOUTHERLY OF PARCEL 1, J toy' 1' LLA 98-295. !gill CURVE TAKE No. DELTA RADIUS LENGTH 1 03311" 2782.00' 27.26' 2 2704'44" 248.00' 95.57' 3 759'29" 652.00' 34.04' 4 2T32'47 96.00' 39.45, 5 1T42'42" 76.00' 23.49' 6 745133' 377.95' 18.20, 7 7T21'24" 5.00' 1 6.93' EASTERLY LINE OF PARCEL 1. LLA 98-295. its ww N 288.31' RAP N_ \ Z 929.45' 19. \Z 1 14V \\ � LAING LUXURY HOMES TRACT 35060 L.L.A. 98-295 Rea 12-21-98 het. No. 98-661719 PARCEL 2 I LAKE LA n'w 2.69' QUINTA DR. SEE DEi NO. 3 —�`N 89'46'3d'W I RAD (R=140) 9i F I K SCALE 1"=100' Lq� EASEMENT AREA `L �NEiiEii! PREPARED UNDER THE SUPERVISION OF: _ Ls Em • N OR9E 17 NOhYG803 * EqL 12-3i-M OONICN 7RM14073 FAXVdm FAX >eo-rrl�m] RONNLYi CHRIS J. BEfft, P. 65M DATE: PLANNERS ENOIN[ERS SURVEYORS 01 SHEET 3 OF 3 SHEETS EXHIBIT 99B 99 PORTION OF PARCEL 1, L.L.A. 98-295, Rec. 12-21-98, Inst. No. 98-551719, O.R. PORTION OF S.W. 1/4 SECTION 30, T. 5 S., R. 7 E., S.B.M. S W31'01"W (A N 81'��'38" W` DETAIL " SCALE 10= 10' v� dN A RAD N BI 25'40"W RAO N 8T261vrw EASTERLY LINE OF PARCEL 1; L.L.A. 98-295. S 8&'47'IV'E z 9 z S 89'31'01-W SOUTHERLY LINE 19.14' P.O.C. OF PARCEL 1. S.E. CORNER L.L.A. 98-295. PARCEL i �0 Boa s EASEMENT AREA PREPARED UNDER THE SUPERVISION OF. L YOR9E 7NYpE AYEwq aEr m8 * flW. 12-31-09 DESIGN bQYH,GEEt0.1 ! Q' VYa:1EmljmR rue no-n+aas Ua EEYELr: CHRIS J. 8 cauF , P &%8 DATE' - PLANNERS ENGINEERS NERVEIERE P PRISE CM&EN FAR EI-9-00 �L ATTACHMENT 3 FIDELLfY NATIONAL nTLE COMPANY SUBDIVISION DEPARTMENT RECORDING REQ9ZW= EY AM WMW RECORDED RETORN TO: City of La Quint& 78-495 Calle TwWica La Quinta, CA 92253 ATTN: (Space Above Line For Recorder's Use) EASEMENT DEED (PUBLIC STREET AND UTILITIES) FOR VALUABLE COIQ$IPERZITthe receipt of which is hereby ackrio*legged, 'TIDE ROMAPI CATHOLIC BISHOP OF SAN BERNARDINO, A CORPORATION SOLE, ON BEHALF OF ST. FRANCIS OF ASSISI CATHOLIC CHUiZCH (hereinafter referred to as the "Grantor"), hereby grants to the City of La Quints, a municipal corporation (the "Grantee"), the following easement ("Deed"), subject to covenants, conditions, and restrictions, all as more particularly set forth hereinbelow. 1. Grant of Easement. Grantor, as the owner of Parcel 1 of Lot Line Adjustment 98-295, as shown on Instrument No_ 98- 551719, recorded on December 21, 1998, in the Official Records of Riverside County, California ("Servient Tenement"), does hereby expressly create, establish, and grant to Grantee, a nonexclusive easement appurtenant to that certain public street commonly known as Washington Street in, on, over, under, across, and through those portions of the Servient Tenement described and depicted on Exhibit "A" and Exhibit "B" hereto and incorporated herein by reference (the "Easement Area"), for purposes of ingress, egress, access, placement, laying, operation, maintenance, inspection, repair, and replacement of a public street and public utilities, all as more particularly set forth hereinbelow. 2. Description of the Easement. The easement created, established, and granted herein is for the installation, maintenance and repair, and operation of a public street and public utilities. 3. Secondary Easement Rights. The easement created, established, and granted herein shall include, as incidental thereto, rights of ingress, egress and access in, on, over, under, 19324.393-151<6. KH 031300 126 across and through those portions of the Servient Tenement that are reasonably necessary for the purposes set forth hereinabove. 4. Commencement. The easement created, established, and granted herein, and all the terms and provisions set forth herein, shall become effective immediately upon the recordation of this Deed. 5. Noninterference with Easement Area. Nothing in this Deed shall be construed to restrict in any way the rights of the owner of the Servient Tenement and its successors, assigns, or grantees, to use or develop those portions of the Servient Tenement which are not subject to the Easement Area, or to construct improvements within the Easement Area (subject to the conditions set forth below) that do not interfere with the use or intended use of the easement herein granted. Grantor retains the rights to make such uses of the Easement Area as shall not unreasonably interfere with the easement rights granted to Grantee herein. 6. Enforcement. The owners of the Servient Tenement and the Grantee shall have the right to enforce, by proceedings at law, all of the terms and provisions set forth herein, including, without limitation, the right to prosecute a proceeding, at law, against the person or persons who have violated, or are attempting to violate, any of said terms and/or provisions, to cause said violation to be remedied and/or to recover damages for said violation. 7. Performance of Work. Any owner or,entity perform- ing, or causing to be performed, any work on the Easement Area shall ensure that reasonable safety precautions are used to prevent unnecessary risk of injury to persons or property during the performance of such work, and shall carry and maintain, at all times while the work is being performed, workers' compensation insurance coverage, commercial liability insurance coverage, and other appropriate insurance coverage, with minimum coverage limits equal'to or greater than those coverage limits typically obtained with respect to similar work being performed in the locale of the Servient Tenement. Except in the event of an emergency, all work in the Easement Area, shall be performed during normal business hours. Under all circumstances, the owner or entity performing, or causing to be performed, such work shall use best efforts to minimize the duration of the work and the inconvenience to the owners and tenants of the Servient Tenement. / 8. Materialmen's Liens/Notices. Grantee, or its successors, assignees, or grantees, shall indemnify,, defend and hold the owners of the Servient Tenement, and their successors, assignees and grantees, harmless from any claims or damages resulting from any mechanics' or materialmen's liens recorded against the Easement Area and arising by reason of any work caused to be performed on the Easement Area by the Grantee, or its 14324.283-15143.FM 031349 2 127 successors, assignees, or grantees. If a mechanic's lien or materialmen's lien is recorded against the Easement Area, the Grantee, or its successors, assignees, or grantees shall have the right to contest such lien(s) so long as the Grantee or its successors, assignees, or grantees, procures a bond in the amount of one and one-half (1-1/2) times the amount of such lien(s), as required under Section 3143 of the California Civil Code, as same may be amended from time to time, to release such lien (s). Grantee, or its successors, assignees, or grantees shall, except in case of an emergency, give the owner of the Servient Tenement at least ten (10) calendar days prior written notice of the actual date for the commencement of any work within the Easement Area to provide the owners of the Servient Tenement with the opportunity to post and record notices of nonresponsibility as deemed necessary- 9. Waiver. The failure to enforce any of the terms or provisions set forth herein shall not constitute a waiver of the right to enforce the same thereafter. 10. Construction. The provisions of this Deed shall be liberally construed to effectuate Grantor's intent to grant an easement to Grantee for the installation, maintenance and repair, and operation of a public street and public utilities. The section headings have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction. Whenever the context hereof may so require, the singular shall include the plural, and the masculine shall include the feminine and neuter. This Deed shall be interpreted as if both the Grantor and Grantee drafted it. 11. Mortgagee Protection. A violation of the covenants, conditions and restrictions set forth herein shall not affect or impair the lien or charge of any bona fide mortgage or deed of trust made in good faith and for value on all or any portion of the Basement Area; provided, however, that each and all subsequent owners of all or any portion of the Basement Area shall be bound by the covenants set forth herein, without regard to whether such owner's title was acquired by foreclosure, trustee's sale or otherwise. 12. Severability. If any clause, sentence or other portion of this Deed shall be held by any court of competent jurisdiction to be unenforceable for any reason, the remaining portions thereof shall remain in full force and effect. 13. Inurement. The easement created, established, and granted herein is a permanent, nonexclusive easement appurtenant to that public street commonly known as Washington Street. The easement is subject to all of the terms and provisions set forth hereinabove, and said provisions shall benefit the Grantee and burden the Servient Tenement. 1a324.2e3-1511a.� 031300 3 128 14. Amendment. In order to become effective, any alteration, change, or amendment of this Deed shall be made in writing, and shall be executed on behalf of the owners of the Servient Tenemzat and the Grantee and recorded in the Official Records of Riverside County. 15. Not a Public Dedication. It is the Grantor's intention that this Deed be strictly limited to the purposes expressed in this Deed, and nothing in this Deed shall be deemed to be a gift or dedication of any portion of the Easement Area to the general public or for the general welfare for any specific purpose. 16. Attorney's Fees. In any dispute, litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Deed (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Deed, the prevailing party will be awarded reasonable attorney's fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment. 17. Time. Time is of the essence with respect to the matters set forth herein. (signatures to follow) 18324.703-15148.PCN 031308 129 THIS DEED is made and accepted, and the easements hereby granted are subject to the easements, rights, covenants, re- strictions, limitations, conditions, uses and other terms and provisions set forth herein, and is expressly conditioned upon the performance of all of such appropriate provisions by Grantee. "GRANTOR" THE ROMAN CATHOLIC BISHOP OF SAN BERNARDINO, A CORPORATION SOLE, ON BEHALF OF ST. FRANCIS OF ASSISI CATHOLIC CHURCH By: gf-lloa oG Name: Title: Title: "GRANTEE" CITY OF LA QUINTA, a municipal corporation BY: Mayor ATTEST: BY: iyCer APPROVED AS TO FORM BY: City Attorney 18394.283-15148.H 031300 5 130 STATE OF CALIFORNIA ) ) as. COUNTY OFSaa. Ber.w 4ni On kAl 11 , 200$, before me, VA1kv%. WWrWeT Cl Wj- a Notary Public in and for said State, personally appeared Aem%A A. Barnes , who proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) ma's are subscribed to the within instrument and acknowledged to me that she/they executed the same iher/their authorized capacity, and that by /her/their signature(s) on the instrument the person(s) or the entities 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 is true and correct. WITNESS my hand and official seal. 6 -MIMA7 Signature o No ry Pub c 18324.283-15148." 031308 r D 131 STATE OF CALIFORNIA ) i COUNTY OF ) On 200_, before me, a Notary Public in and for said State, personally appeared who proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, { and that by his/her/their signature(s) on the instrument the person(s) or the entities 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 is true and correct. ➢FITNESS my hand and official seal. Signature of Notary Public (SEAL) 18324.283-15148.HCM 031398 7 1.- 132 SHEET 1 OF 2 SHEETS EXHIBIT 19 A99 LEGAL DESCRIPTION: THAT PORTION OF PARCEL 1, IN THE CITY OF IA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN ON LOT LINE ADJUSTMENT LLA No. 98-295, RECORDED DECEMBER 21, 1998 AS INSTRUMENT No. 98-551719 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. DESCRIBED AS FOLLOWS - BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 1, THENCE SOUTH 8731'01" WEST, ALONG THE SOUTHERLY LINE OF SAID PARCEL 1, A DISTANCE OF 9.13 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 2772.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 8725'40" WEST, THENCE LEAVING SAID SOUTHERLY LINE, NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL. ANGLE OF W38'24", AN ARC LENGTH OF 30.96 FEET, A RADIAL LINE THROUGH SAID LAST POINT_ BEARS NORTH 86'47'1l1 WEST; THENCE NORTH 43'38'OS' WEST, 24.80 FEET; THENCE NORTH w28'59" WEST, 63.50 FEET; THENCE NORTH 8731'Ot" EAST, 2.69 FEET; THENCE NORTH W285T WEST, 46.50 FEET; THENCE NORTH 47'S3'S5" EAST, 30.55 FEET; THENCE SOUTH 8343'11" EAST, 2.06 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL 1, SAID EASTERLY LINE ALSO BEING A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 14,655.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 89'04'34" EAST; THENCE SOUTHERLY ALONG SAID EASTERLY LINE THROUGH A CENTRAL. ANGLE OF 00'42'00, AN ARC LENGTH OF 179.08 FEET TO THE PONE OF BE(;NlM SAID ROAD DEDICATION AREA CONTAINS 3,555 SQUARE FEET, MORE OR LESS. "o SSE 7bEEE Amme47 &e, 2m 1 awftGom ksUCSIUU YaM77i4M376 W-alflEtkh FAX, MM ECSUL7E SURVEYORS PREPARED UNDER THE SUPERVISION OF: / L � .IAA � • �_,/.� 1 :i' �• i SHEET 2 OF 2 SHEETS -EXHIBIT "B" PORTION OF PARCEL 1, L.L.A. 98-295, Rec. 12-21-98, Inst. No. 98-551719, O.R. , S 83'43'1INE PORTION OF S.W. 1/4 SECTION 30, I 2.06' T. 5 S., R. 7 E., S.B.M. N 8g01:34"W I RAD (R=14655') i .F, 59 VARIES 3 FUTURE CENTERLINE OF c w PRIVATE CHURCH DRIVE N 89'31'O1"E 2.69' z '� O 10 10 1wo 1 ST. FRANCIS OF ASSISI Lq ii CATHOLIC CHURCH 00 s = W f PARCEL � � 1i/�= RCEL � N d o f Q L.L.A. 98-295 ti = EASTERLY LINE Z w Roo. 12-21-98 ,rA OF PARCEL 1. 16154. No. 98-551719 8 L.L.A. 98-295. !Li + o SCALE 1"=30' \i s RAD N 86 47'16-` YV VARIES U c� w SOUTHERLY LINE A=038'24" 72.00' OF PARCEL 1, R=2772.00' L.L.A. 98-295. 1a30.96' P.O.B. RAD N 8T25'40"W )1'_ N 89'46'3,CW S 8911'010W RAD (R=14655') LAING LUXURY HOMES 9.13, TENT. TRACT 35060 I PARCEL 2 LAlyp sG ROAD DEDICATION AREA 4�5 �g J. 9� PREPARED UNDER THE SUPERVISION OF: a �� x HORSE 78-M AM 47 Ls' Sm UN mueaara * Exp. 12-31-M GGKICN voiamy G77b101i I oU \P EA%: INNIMI M 9�. CALIF 9 C N G E Y I CHO J. B GH, POS. 6588 DATE: R"NEESS ENGINEERS SURVEYORS t�El1011f70R05�pMg0}fSIE�OC10-0®.dY, OS-7S-01 COUNCIL/RDA MEETING DATE: October 21, 2008 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Parcel Map No. 35900, David Chapman Investments, 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 Parcel Map No. 35900, David Chapman Investments, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 35900 is located north of Avenue 52 and east of Desert Club Drive (Attachment 1). This commercial development will consist of 3 lots on approximately 4.98 acres. On May 20, 2008, the City Council approved Tentative Parcel Map No, 35900. The developer has requested the City Council's conditional approval of the Final Map (Attachment 2) 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. The developer expects that 135 the associated securities and all signatures will be in place within the time allowed for its conditional approval. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt within thirty (30) days (November 20, 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 Parcel Map No. 35900, David Chapman Investments, LLC; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map No. 35900, David Chapman Investments, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, T' othy R. Jo sso , .E. Public Works irec r/ City Engineer Approved for submission by: l Thomas P. Genovese, City Manager 136 Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 137 RESOLUTION NO. 2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION APPROVEMENT AGREEMENT FOR PARCEL MAP NO. 35900, DAVID CHAPMAN INVESTMENTS, 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. 138 Resolution No. 2008- Parcel Map No. 35900, Palmers Office Buildings Adopted: October 21, 2008 Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Parcel Map 35900 is conditionally approved provided the subdivider submits all required items on or before November 20, 2008. Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative parcel map, the Subdivision Map Act, and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement. B. Finalize the final Parcel Map and obtain all necessary signatures. C. Provide a Certified Copy of the Certificate of Authority for the bonds. 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 November 20, 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 139 Resolution No. 2008- Parcel Map No. 35900, Palmers Office Buildings Adopted: October 21, 2008 Page 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 th day of October, 2008, by the following vote to wit: AYES: NOES: ABSENT: U331_0 DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 140 ATTACHMENT FIM-URTIT ^-. 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A d N i gna RS I Q F � J Ii is is wuwu SJ 5t Mitl FIZK nY G xw�.K NA0.um10 U it, \ g 6; rt 143 CITYOFLAQUINTA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT PARCEL MAP NO. 35900 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of 20 by and between DAVID CHAPMAN INVESTMENTS, LLC (A DELAWARE LIMITED LIABILITY COMPANY) thereinafter 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 Parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Parcel No. 35900 (the "Parcel") 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. 144 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 Parcel 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, Parcel map or waiver of Parcel 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 '• 2&7 145 warranty 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 3.6., 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 11 30f7 146 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 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&7 147 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. 5 of 48 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager Date ATTEST: City Clerk La Quinta Restaurant Group David Chapman Inv 78-164 Avenue 52 La Quinta, CA 92253 Date Title: By: Date Title: Reviewed and Approved: Engineer Date Approved as to Form: City Attorney Date •. 149 6 of Exhibit A SECURITY — PARCEL MAP NO. 35900 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 Parcel 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 Parcel improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Precise Grading $ 1,650.00 $ 1,650 Sewer and Water $ 39,270.00 $ 39,270 Totals $ 40,920 $ 40,920 Standard 10% Contingency $ 4,092 $ 4,092 Total Construction Cost $ 45,012 $ 45,012 Professional Fees & Plans, Design 10% $ 4,501 $ 4,501 Professional Fees, Const 10% $ 4,501 $ 4,501 Bond Amount 54,014 54,014 •• 15 0 7 of CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT PARCEL MAP NO. 35900 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of 20 by and between DAVID CHAPMAN INVESTMENTS, LLC (A DELAWARE LIMITED LIABILITY COMPANY) thereinafter 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 Parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Parcel No. 35900 (the "Parcel") 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. 151 1 of B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option 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 Parcel 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, Parcel map or waiver of Parcel 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 2Of7 152 warranty 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. 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 ..153 ... . 3 of security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Reauired. 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, 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. ....,o„ 154 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. 155 ;of7 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager Date ATTEST: City Clerk La Quinta Restaurant Group David Chapman Inv 78-164 Avenue 52 La Quinta, CA 92253 By:_ Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date Date 6 of7 156 Exhibit A SECURITY — PARCEL MAP NO. 35900 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 Parcel 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 Parcel improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Rough Grading/PM10/SWPPP $ 26,700.00 $ Parking Lot/C&G/Flatwork $ 214,690.00 $ Storm Drain $ 61,900.00 $ Domestic Water $ 73,990.00 $ Sewer $ 16,625.00 $ Dry Utilities $ 6,000.00 $ Basin & Perimeter Landscaping $ 79,810.00 $ Retaining Wall $ 4,050.00 $ Monumentation $ 3,000.00 $ Totals $ 486,765 $ Standard 10% Contingency $ 48,677 $ Total Construction Cost $ 535,442 $ Professional Fees, Design 10% $ 53,544 $ Professional Fees, Const 10% $ 53,544 $ Bond Amount $ 642,530 $ 157 7 of T-dw 4 rwQ COUNCIL/RDA MEETING DATE: October 21, 2008 ITEM TITLE: Acceptance of Off -Site Improvements Associated with Tract Map No. 31379, Legacy Villas, Centex Homes RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: 9 STUDY SESSION: PUBLIC HEARING: Accept off -site improvements associated with Tract Map No. 31379, Legacy Villas, Centex Homes and authorize staff to release performance securities. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements. FISCAL IMPLICATIONS: Acceptance of the off -site improvements will impact the General Fund as follows: Median landscaping and catch basin maintenance is estimated to be $2,883 annually, which will be incorporated into the Landscape and Lighting Operating Budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 31379, Legacy Villas, is located west of Eisenhower Drive and north of Avenue 50 (Attachment 1). The improvements include curb and gutter, sidewalk, curb ramps, storm drain, catch basins, landscaping, signing, striping, and asphalt concrete pavement. All obligations of the Subdivision Improvement Agreement (SIA) for the off -site improvements have been satisfied. Attachment 2 indicates the amount of the warranty security. 1..•, 158 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Accept the off -site improvements associated with Tract Map No. 31379, Legacy Villas, Centex Homes and authorize staff to release performance securities. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements; or 2. Do not accept the off -site improvements associated with Tract Map No. 31379, Legacy Villas, Centex Homes and do not authorize staff to release performance securities. Do not direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements; or 3. Provide staff with alternative direction. Respectfully submitted, T mothy . ona o , P.E. ublic s Dir or/City Engineer Approved for submission by: / 4 .tA Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Warranty Security Exhibit .._. 159 ATTACHMFNT 1 TM 11179 1 FGAC'Y Vii T A!� OSENHOWER DRNE VICINITY MAP AInT Tn CrAI F CITY COUNCIL MEETING: October 21, 2008 ITEM TITLE: Acceptance of Off -Site Improvements Associated with Tract Map No. 31379, Legacy Villas APPLICANT: Ms. Jayne Carilo, Centex Destination Properties .• 160 JkTTOrldMFNT 7 WARRANTY SECURITY Tract Man No_ 31379 — Off -Site Imnrovements Devalooment Name: Leoacv Villas OFF -SITE IMPROVEMENTS Performance Security' Improvement Description Labor & Materlal82 Current Amount Proposed Reduction WARRANTY AMOUNT" Eisenhower Drive $321,670 $321,670 90% $32,167 Water $71,270 $71,270 90% $7,127 Meandering Wall and 12 ft sidewalk $75,250 $75,250 90% $7,525 Traffic Signal Modification $50,000 $50,000 90% $5,000 Perimeter & Median Landscar)inq $59,150 $59,150 90% $5,915 Standard Contingency 10% $57,734 $57,734 90% $5,773 Professional Fees, Design 10% $63,507 $63,507 100% $0 Professional Fees, Construction 10% $63,507 $63,507 100% $0 No Plans Contingent (19%) $120,664 $120,664 100% $0 Totals 882,752 82,752 $63,607 ' Performance Securitv shall be released immediately upon Citv Council acceptance z Labor & Materials SPrurity to remain in place for 90 days after Citv Cnuncil arrentanr.P of imnmvements. 3 WARRANTY SECURITY (10% of Original Performance Security) shall be received by the Citv nrior to beina placed on the agenda for Citv Council. 161 a as Ak 4aw _ may,. �CF`M OF T1�69� AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: October 21, 2008 BUSINESS SESSION: _ ITEM TITLE: Approval of Fiscal Year 2007/08 City of CONSENT CALENDAR: La Quinta Art in Public Places Annual Report STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve the Fiscal Year 2007/08 City of La Quinta Art in Public Places Annual Report prepared in accordance with Chapter 2.65 of the La Quinta Charter and Municipal Code. FISCAL IMPLICATIONS: The City must expend or commit fees from the Art in Public Places program within two years of their receipt and must account for these fees in a separate fund. In addition, administration expenses are limited to less than $25,000 or less than 5% of total funds in the account as of July 1" of any year. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City of La Quinta Art in Public Places fund is governed by Chapter 2.65 of the Municipal Code as amended by Ordinance No. 339. The major financial requirements that must be measured annually for conformance are found in the following Sections as follows: �. 162 2.65.110 (F) Reimbursement. In the event fees have not been committed for a use as specified in subsection B of this section within two years of their collection, the fees in the art in public places fund shall be distributed by the city to the person or entity who has paid the fees or in any other manner permitted by law. 2.65.110 (B) (7) Administrative expenses to otherwise implement any provision of this chapter, however, in no event shall said administrative expenses exceed five percent of the total funds in the account on July 1' of any year nor twenty-five thousand dollars in any fiscal year. Staff has prepared the analysis of the Art in Public Places, which disclosed no reimbursements due to contributors and no excess administrative costs (Attachment 1). Staff provided a draft staff report and Attachment 1 to the BIA on September 8, 2008 and their response and follow-up may be found in Attachment 2. FINDINGS AND ALTERNATIVES: The City of La Quinta meets the financial requirements of Municipal Code 2.65 - Art in Public Places for Fiscal Year 2007/08. The Alternatives available to the City Council include: 1. Approve the Fiscal Year 2007/08 City of La Quinta Art in Public Places Annual Report prepared in accordance with Chapter 2.65 of the La Quinta Charter and Municipal Code; 2. Provide staff with alternative direction. Respectfully submitted, John M. Falconer, Finance Director Approved for submission by: homas P. Genovese, City Manager Attachments: 1. Art in Public Places Financial Analysis 2. BIA Response Letter and follow-up 163 2 A 1 1 At.111virlm 1 1 City of La Quinta Art In Public Places FY 07/08 The Art in Public Places fund is used to account for fees paid in lieu of acquisition and installation of approved art works at approved sites. The fees are refundable if not expended or committed within two years. July 1, 1999 - March 16,2000 Fee calculation - Residential is 1/4 of 1 % of value exceeding $100,000 with a $20 minimum - Commercial is 1/2 of 1 % of value (no minimum) March 17,2000 - the present Fee calculation - Residential is 114 of 1 % of value exceeding $200,000 with a $20 minimum - Commercial is 1/2 of 1% of value (no minimum) Beginning Ending Account Description Fund Balances FY 07/08 Fund Balances Revenues & Other Sources Developer fees 154,084 Interest income 42,625 Credits Applied 1,860 Miscellaneous Transfers in Total Sources 198,569 Expenditures & Other Uses Transfer Out 0 Art purchases 183,887 Maintenance 14,086 Operating 808 Total Uses 198,781 Total Available 1,066,921 (212) 1,066,709.00 Administration Test Expenses Lesser of $25,000 or Available 5.00% 1,066,709 —Budget Actual Under 25,000 53,335 808.00 - (24,192) 25,000 808.00 24,192 LL �� d O O a 0 0 0 0 0 0 0 0 0 0 0 0 0 M �_ N O CO N Z N W O ON ao a0 MN NOn m nv�0oN VN MM OM o M CO c O n N N N N O W N M M C O O V N O V (O 0 E Emc0M�c0�� N n N n n fO to CO M N N M N V n jai O V U N n V (000 i00 O NCO CDM (ONNNN MNOMO 6EV n n ton V1 CON V �O M O O V N O V f0 O n N �O o H N O ao N N uinN nn0lO V �N V Mr ONTCMi� n M N M N V � M ,a O O O O C O O O O O U N U70 W n n V O �O CO N n t0 V a0 N N O �O V �n V r'� V NtOONnnO CO Nn N fO0 � V CO M n N M N N N M ER n0 C n M, It CD v N m M N - -- M " V V, M 0 n i0 M O N V o V n N V O M �-- 0 0 M N NO t5 O dN' MV M V n M'T N 0, N M n O N O M N n V N M w NNO V 6 0� M 0-CD O t00 N CD N (O� SON . � U N N m co v c J LL a. 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Falconer, Finance Director September 19, 2008 City of La Quinta 78-495 Calle Tampico La Quinta, CA 92255 Mr. Falconer, Thank you for providing the City of La Quinta's Annual Development Project Fee Report and Quimby Special Revenue Fund for Fiscal Year 2007-2008. After reviewing these documents we are in need of some clarification regarding the difference in the amount of the fund identified as Expenditures and Commitments with a total of $3,162,187 but `Total Project' cost and `Applied `Revenue' is $3,176,273. One would expect Expenditures and Commitments to be higher due to the administrative and maintenance costs. Otherwise we find that the report satisfies the City's annual"obligation under the Mitigation Fee Act. James ownyard Vic resident of Legis ive Analysis ATTACHMENT 2 d% BIA Desert Chapter Building Indu�ln Association of Southern California 7'-570 Springfield Lune Suite E Palm Desma, Qddoi nW 92211 760 360.2476 faN 760 772 3372 www. Descl Whupteu om E Mad. 131.A@UcscrlChapmrrom N.. 167 6 ' A1, %Inflate of the National Association of Home 13nifderc and the California Building IndflMrs Ae,mwiation P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLE TAMPICO (760) 777-7000 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101 October 13, 2008 Mr. James Brownyard Vice President of Legislative Analysis Building Industry Association 77-570 Springfield Lane Suite E Palm Desert, CA 92211 RE: Fiscal Year 2007-2008 Art in Public Places Report Dear Mr. Brownyard, Thank you for your review of the Art in Public Places Report. We have incorporated the following changes to the final report that will be presented to the City Council on October 21, 2008: Two Year Test Upon staff s review, the data table used to add the expenditures did not add the last row of the 2008 Maintenance expenses of $14,086, which you properly point out in your letter. The updated expenditures and commitment column now totals $3,176,273. If you have any follow-up questions please give me a call at 760-777-7150. Sincerely, A hn M. Falconer Finance Director/Treasurer City of La Quinta W/Attachment 0 L d 2 a c 3 LL C _ C 0i OD N Z M c N NO)i� V (p O(0 )OO ONeD Gp M(O O)O M� �aDO C aarr V (O MOOMON MO(ONm M oD0 V 00 V (OOhNN N W (^OMI�IrO��O V �N V O�OaOh� Q p IIAI U V M N M N V Mf, 0 W 0a ONWWM(OOO)mN gnnMOM pOf aDN O)M aD0 tr 0) O V (00(�04N(O - h )O K N G0(OM(l co �M O))N tat- 0000)(.Oj aA N M N V M 0 00 O_ 0 O 0 O0 O U o U �OfQ�llr pp O )0mmr O V WNNOM� f-V N(OM Nn r-0W N ��(O^M7� V � ODM I�O)MNNNM(pr 0 0 �M N0)f� MM NN V (O V (-0) V p Cl) CO V O N N O V (O (O N N V V n aNO)Oi� M OOaD V O) W (0(O 0) �N(00 V (O M O) IS O T OMWr- WM0m NN(O )O OO).-a00(OON W WMU)O) UM C 10 l0 m v c LL LL c 'v C W C (D � N � N NM V (O (O I� W O)O�NM V )O 0)h aD 1p p)MO W O)O)O) W O) 000000000'O C E E E E E E E E E E E E E E E E E LL LL 0 0 0 0 0 0 0 O Q O Q 0 0 0 0 0 E: ww ww��w w www .k :._ G C tl) (0 f0 N N 0 N N N N N N N tl) (0 W M 0) G) N G) N N N N N N U) 4) N G) N N N N N V C W== E: M=? = r a r M = = = r a E 53 '> W N > > > > > > > > > > > > > > > j� �aaaaaa¢aaaaa<<<<<<P 169 T-af 4 4 a" COUNCIL/RDA MEETING DATE: October 21, 2008 ITEM TITLE: Approval of a Request by the County of Riverside Planning Commission to Utilize the Council Chambers for Public Hearings on February 18, April 29, June 10, September 16 and November 18, 2009 from 8:00 a.m. to 5:00 p.m. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a request from the County of Riverside Planning Commission to utilize the Council Chambers on February 18, April 29, June 10, September 16 and November 18, 2009 from 8:00 a.m. to 5:00 p.m. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The County of Riverside Planning Commission has requested that the Council Chambers be made available for the Planning Commission meetings on the following dates in 2009: February 18, April 29, June 10, September 16 and November 18. The request meets all the requirements of facility use as contained in the City's Guidelines. A complete application has been submitted (Attachment 1) for the City Council's consideration. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 170 1. Approve a request from the County of Riverside Planning Commission to utilize the Council Chambers on February 18, April 29, June 10, September 16 and November 18, 2009 from 8:00 a.m. to 5:00 p.m.; or 2. Do not approve the request from the County of Riverside Planning Commission to utilize the Council Chambers; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, Director of uilding & Safety Approved for submission by: /'�le" 4r omas P. Genovese, City Manager Attachment: 1. Application III ATTACHMENT? .Type of Event: Public X. : Private of Activity: Date(s) of Use l��`I/ZQ U11U�q/I1D4g11/1ize of Group in (� Time of Uses Start OPS /p.m.) (fi Finish (a_m. m t_ L Total Hours of Use `I x $ 00 Aeur = s Y Ceriifieate of Additional Insured Attached: _or_ r}!f� City Insurance Requested: Fee Paidt.2 Refundable Cleaning Deposit Paid: 5 Session Room s $200. ._ -Council -MI of Des '(up to 53 people) _ $300, Council Chauhers (54 peopl,e plea) _ $500 1 Total Paid: 3 r� The undersigned hereby agrees to abide by the rules and regulations Of the City of La Qdiata relating to the use of public facilities: Title Deposit Required For: Daposit.Returned. Date: $ WM2 Tm. pswem 64fti" th. SWLL"%io...... � saw .t C axm.Wun a t b. an etrt..r of the .DWm.eiim4 mr9.niamiiam. it the 9.Wsmm i. wt . ,ma-r.i tbo orguLuAtiom for .wish app]Swti" is Ym., h./ab, w t C....Ct .Witt" .mthmrit.tL" f; Ah. 99.0 t. slim. . 112 COUNCIL/RDA MEETING DATE: October 21, 2008 ITEM TITLE: Approval to Appropriate Funding and Award a Contract to Cooley Construction, Inc., in the Amount of $1,127,959 to Construct the Fred Waring Drive Street Improvements, Project Number 2007-06 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: ZR - STUDY SESSION: PUBLIC HEARING: Appropriate $40,000 from undesignated Gas Tax Reserves, Account 201-000- 290.00-00 for use on the Miles/Adams Street Traffic Signal Modification; and award a contract to Cooley Construction, Inc. in the amount of $1,127,959, to construct the Fred Waring Drive Street Improvements, including the base bid area and all three additive alternates, Project Number 2007-06. FISCAL IMPLICATIONS: The following is the project's recommended funding and funding sources: State Gas Tax $40,000 Transportation DIF $215,000 DSUSD Funding Contribution $107,500 Developer Funding Contribution $84,826 CVAG Funding Contribution (Measure A/TUMF) $1,073,092 Total Anticipated Funding: $1,520,418 173 Based upon the low bid received from Cooley Construction, Inc., in the amount of $1,127,959, the following is the anticipated project budget: Professional: $10,750 Design: $105,050 Inspection/Testing/Survey: $90,120 Construction: $1,127,959 Administration: $52,000 Contingency: $134,539 Total: $1,520,418 The project was advertised with a base bid area and three additive alternates. Addetive alternates include the addition of curb and gutter to the north side of Fred Waring, a slurry seal of all existing asphalt and a traffic signal modification at the intersection of Miles Avenue and Adams Street. The Miles Avenue at Adams Street signal modification is not eligible for funding from the project's previously approved funding sources. This project was included for bid within the Fred Waring Drive Street Improvement bid package in order to benefit from economies of scale. Staff recommends City Council appropriate $40,000 from unassigned Gas Tax Reserves and award the construction of this signal modification to Cooley Construction, Inc. along with the Fred Waring Drive Improvements. As illustrated, adequate funding is available to award the base bid area and three additive alternates. CHARTER CITY IMPLICATIONS: The project is partially funded with Regional Measure "A" Funds. As such, the project was bid as a prevailing wage improvement. BACKGROUND AND OVERVIEW: This project will widen Fred Waring Drive, from 4 to 6 lanes, between Washington Street and Adams Street. The proposed improvements include minor widening, installation of median islands, signing and striping, a signal modification at the intersection of Washington Street and Fred Waring Drive, a new signal at the intersection of Palm Royale and Fred Waring Drive, and striped bike paths on both the north and south sides of the roadway. Median landscaping will be done under a separate project. 174 On March 18, 2008, the City Council conducted a Study Session for the purpose of reviewing the proposed Capital Improvement Project (CIP) for Fiscal Years 2008/2009 through 2012/2013. Following discussion, it was the consensus of the City Council that staff takes the steps necessary to widen Fred Waring Drive, between Washington Street and Jefferson Street, to accommodate six (6) lanes of travel. On April 15, 2008, the City Council approved Contract Amendment No. 1 to Willdan's Professional Services Agreement (PSA), in the amount of $84,060, to provide additional engineering services for the purpose of widening Fred Waring Drive from 4 to 6 lanes, from Washington Street to Adams Street, and authorized the City Manager to execute the amendment. On August 5, 2008, the City Council approved an Agency Reimbursement Agreement, in the amount of $1,073,092, between the Coachella Valley Association of Governments (CVAG) and the City of La Quinta for the Widening of Fred Waring Drive, Between Washington Street and Adams Street; approved the Plans, Specifications and Estimate (PS&E) and authorize staff to advertise the Fred Waring Drive Street Improvements, including the traffic signal at Palm Royale, for bid, Project Number 2007-06; and authorized staff to procure the traffic signal equipment and poles for the Washington Street at Fred Waring Drive signal modification and the new traffic signal at Palm Royale at Fred Waring Drive. In accordance with the City Council direction, the traffic signal poles and equipment were ordered directly from the manufacturer on September 5, 2008. The equipment is expected to be shipped to the City on December 12, 2008. On October 16, 2008, seven (7) sealed bids were received for the construction of this project. Cooley Construction, Inc. submitted the lowest responsive combined bid in the amount of $1,127,959. The basis of award is the lowest combined bid of Base Bid Area plus Additive Alternates 1, 2 and 3. A detailed bid comparison summary is provided for the City Council's review as Attachment 1. Contingent upon City Council authorization to award a contract, the following is the anticipated project schedule: City Council Awards Contract Sign Contracts and Mobilize Construction (85 Working Days) Project Close-out October 21, 2008 October 22 - 31, 2008 November 2008 — February 2009 March 2009 175 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Appropriate $40,000 from 000-290.00-00 for use Modification; and award a amount of $1,127,959, Improvements, including tl Project Number 2007-06; or undesignated Gas Tax Reserves, Account 201- on the Miles/Adams Street Traffic Signal contract to Cooley Construction, Inc. in the to construct the Fred Waring Drive Street ie base bid area and three additive alternates, 2. Do not appropriate $40,000 from undesignated Gas Tax Reserves, Account 201-000-290.00-00 for use on the Miles/Adams Street Traffic Signal Modification; and do not award a contract to Cooley Construction, Inc. in the amount of $1,127,959, to construct the Fred Waring Drive Street Improvements, including the base bid area and three additive alternates, Project Number 2007-06; or 3. Provide staff with alternative direction. Respectfully submitted, T' othy o a on, P.E. Public Wor s ' ector/City Engineer Approved for submission by: 4homas P. Genovese, City Manager Attachment: 1. Bid Comparison Summary 176 pp G ^88g88QQgqQQa S 'YSSa`t$SaYa'`IS pQqQaQQ pa Qa S3iy oaapa "RG83$A$3a Qa sQa s Qa qa qa 3_ s 8'T1s3 ¢s sq ag { iJ: a $ a $ a S $m '�{' Ras _ g _ TT! ' a 3 _ a ua ]11 T 9 �ggsa$g g�aaa'gs�asgsse�sga�g � � �$�'s � s � u - a � $888�8&��»8��P'lli L 911 axu»^8 &m� a g��gsggggsasg��agas�agasa�g � g $ „g� g � $ u $88 Wa$$ 9 2 $$��sne$�aassgg y 8888h8888a8888�� 88, 88 888 888as fi seas a 8 ` syyHH»61 ION!3-4 ! a 3 � 0 o N V� <n U��SUF <<E Jds 32 uS (4 %mA x9 SSC Fa E € E mi ra^n��r„a aax z a 177 COUNCIL/RDA MEETING DATE: October 21, 2008 ITEM TITLE: Approval of a Request by Staff for Correction of a Clerical Error to the City's General Plan Land Use Map and Official Zoning Map with Regards to the Land Use and Zoning Designation for Approximately 15 Acres of Property Located Generally West of Avenida Obregon and South of Avenida Fernando RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 13 STUDY SESSION: PUBLIC HEARING: Approve a clerical error correction to the La Quinta General Plan Land Use Map and subsequent correction to the La Quinta Official Zoning Map for 15 acres of land located generally west of Avenida Obregon and South of Avenida Fernando. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None at this time. BACKGROUND AND OVERVIEW: With the 1992 General Plan Update adopted by the City of La Quinta, all La Quinta Resort properties west of Avenida Obregon, south of Avenida Fernando, and east of Calle Mazatlan consisted of Medium -Density Residential General Plan land use and zoning designations (Attachment 1). In 1997, the La Quinta Resort proposed an amendment to their Specific Plan (SP 121E - Amendment #4). The subsequent General Plan land use amendment and zone change approvals (GPA 97-054) changed approximately 15 acres of property west of Avenida Obregon from Medium -Density Residential to Tourist Commercial (Attachment 2). In 2000, the City began the process of updating the General Plan, which included an Environmental Impact Report (EIR). Between 2000 and 2002, multiple iterations of both existing and recommended General Plan land use maps were created for the EIR 11 178 and General Plan update and circulated for review. The land use maps circulated for review (Draft EIR exhibits III-1 and III-2) (Attachment 3) identified the subject property as having a Tourist Commercial land use designation. On March 20, 2002, the City adopted its latest General Plan update. The land use map included in the 2002 General Plan identifies the subject property as having a land use designation of Medium Density Residential. The Official Zoning Map was subsequently updated on April 15, 2003, identifying the subject property as Medium -Density Residential. Review of the record and files retained for the General Plan update did not find any direction provided by staff, Planning Commission or City Council to amend the subject property. In addition, no public testimony was provided during the update process specific to the subject property. Staff also recently conversed with the consultant who assisted the City with the General Plan update, of which their efforts included updating all exhibits and completing the EIR. The consultant's records do not show any indication as to why this change occurred. Since 2003, there has been one land use entitlement involving the subject property, which was the La Quinta Resort signature pool facility (SDP 2006-865). The subject property was represented in the staff reports provided to Planning Commission and City Council as having General Plan land use and zoning designations of Tourist Commercial. Staff has concluded that a clerical mapping error was made during the 2002 General Plan update and subsequent action to update the Official Zoning Map. Following circulation of the Draft EIR, land use designations for the aforementioned area were inadvertently changed on the General Plan Land Use Map from Tourist Commercial to Medium -Density Residential. Following adoption of the 2002 General Plan, the subsequent action of updating the Official Zoning Map for consistency with the General Plan Land Use Map resulted in the subject property being rezoned to Medium - Density Residential. Based upon the findings associated with this matter, the La Quinta General Plan Land Use Map and Official Zoning Map designations for the subject property should be corrected to read Tourist Commercial (Attachment 4). Staff presented the request to City Council at the October 7, 2008, meeting and was directed by Council to notify the Homeowners' Associations as well as neighboring property owners and residents about this matter. The item was then continued to the October 21, 2008, meeting. Staff mailed letters to the Mountain Estates, Enclave, Los Estados, Santa Rose Cove, and Tennis Villas' Homeowners' Associations. Staff also mailed letters to neighboring property owners and residents who spoke at the March 20, 2007 meeting regarding the Signature Pool (Attachment 4). A copy of the staff report from the October 7, 2008 City Council meeting and map attachments was also included. .. 179 FINDINGS - The following findings can be made to determine that a clerical error occurred regarding the subject property: • The Draft Environmental Impact Report land use exhibits (III-1 and III-2) represent the subject property as Tourist Commercial. • During the 2002 General Plan update process, no public testimony was provided nor direction given by Staff, Planning Commission or City Council to amend the land use designation for subject property from Tourist Commercial to Medium - Density Residential. • The subsequent action of updating the Official Land Use map was conducted to ensure consistency with the 2002 General Plan. During the update process for the Official Zoning Map, no public testimony was provided nor direction given by Staff, Planning Commission nor City Council to amend the zoning designation for the subject property from Tourist Commercial to Medium- Density Residential. ALTERNATIVES: The alternatives available to the City Council include: 1. Determine that a clerical error occurred on the subject property and direct staff to correct the La Quinta General Plan Land Use Map and Official Zoning Map as recommended; or 2. Determine that a clerical error did not occur on the subject property and direct staff to maintain the General Plan Land Use Map and Official Zoning Map as currently represented; or 3. Provide staff with alternative direction. Respectfully uorinson nning Director 180 Approved for submission by: AE& `4& 40- omas P. Genovese, City Manager Attachments: 1 . 1992 General Plan Land Use Map 2. 2002 General Plan Update Draft EIR exhibits III-1 and III-2 3. Corrected General Plan Land Use and Official Zoning Map designations 4. Copy of Notification Letter and Mailing List 181 ATTACHMENT 1 E N MR MR MR ro - WR MR G cc MDRG MDR Nc MR MR Mc aMR MDR MR G (— GEM OF THE DESERT GENERALPLAN PROPOSED LAND USE POLICY DIAGRAM RESIDEN LAW USES RTWJ Ml WIN ® ww COMMERCIAL LAND USES E:Eg mvEDzr¢coruL caRORuoD I F—wl mnRsPopCD ccIAFA m cmmERCW PRnm GFFCE jm� TGLR4T CGEO cm Fw I VI w cGIINIERIAAL E= MCN-MS WIRL Ov Al OTHER "m USES om IROAX ma J R CONW.1 FACLIIES RAW FACUFWS [-W7 M. SPACE GZCR CDIBIGE DREN SPACE WATERGCIl1EE nWD CEHiRGI I Liu ES Rc J.R CC MR os G A WD 2,.- s" -aDGA wAft WR MR 182 ATTACHMENT 2 F— L 0 FZ pp I r s pp g�g a r ,lot as3 is I 6 xotinx fffl a� j 183 I S S LL *+ r� 9 n cya: c � E HUMy ¢{ y 88 F UM FEY IN 71 .0. LI E• — il' k S e ;J - I I 184 ATTACHMENT 4 October 14, 2008 RE: La Quinta General Plan and Zoning - Clerical Error Correction to Portion of La Quinta Resort It recently came to the City's attention that the La Quinta General Plan and Zoning Maps have a clerical error with regards to the land use and zoning designations for approximately 15 acres of property located generally west of Avenida Obergon and south of Avenida Fernando. The area at issue is shown on the map enclosed with this letter. In 1997, the La Quinta Resort Specific Plan, La Quinta General Plan, and the Official Zoning Map were amended (Case files: SP 121 E -Amendment #4, GPA 97- 054, Zone Change 97-083). The amendment changed the land use and zoning designations of this property from Medium Density Residential to Tourist Commercial. During the last major update of the City's General Plan, which came to a conclusion in 2002, the Environmental Impact Report (EIR) correctly identified this property as Tourist Commercial. However, due to a clerical error the officially adopted General Plan Land Use Map identified the property. The same error was carried forward when the Zoning Map was subsequently updated to ensure consistency with the General Plan Land Use Map. However, since 1997, the City has consistently treated the area as having land use and zoning designations of Tourist Commercial in considering land use decisions in the area. 0., . 186 At their October 7, 2008 meeting, City staff brought this matter to the attention of City Council, requesting that the official maps be corrected to reflect the Tourist Commercial land use and zoning designations, which is consistent with the 1997 amendment that was inadvertently dropped during the 2002 La Quinta General Plan and subsequent Official Zoning Map updates. City Council directed staff to notify residents and property owners in the general vicinity of this matter. City Council will be considering the matter as a consent calendar item at the October 21, 2008 meeting. Please find enclosed with this letter a copy of the staff report provided to City Council for their consideration. Should you have any questions or comments regarding this matter, please do not hesitate to contact me at (760) 777-7125. Sincerely, Les Johnson Planning Director Enclosures Cc: Tom Genovese, City Manager 187 General Plan — Clerical Correction Letter — October 14, 2008 Mail letters to: Carol Calhoun Desert Resort Management P O Box 4772 Palm Desert CA 92261-4772 Gloria Dodd, President Mountain Estates c/o Carol Calhoun Desert Resort Management P O Box 4772 Palm Desert CA 92261-4772 Richard Bylski, President Los Estados c/o Carol Calhoun Desert Resort Management P O Box 4772 Palm Desert CA 92261-4772 Jack McDonald, President The Enclave c/o Carol Calhoun Desert Resort Management P O Box 4772 Palm Desert CA 92261-4772 Floyd & Kathy Tumquist Committee for SRC & Tennis Villas c/o Carol Calhoun Desert Resort Management P O Box 4772 Palm Desert CA 92261-4772 Richard Bylski 76-980 Avenida Fernando La Quinta CA 92253 Steve Davis 77-500 Avenida Fernando La Quinta CA 92253 188 Richard & Leslie Fredericks 50-855 Washington Street Suite C La Quinta CA 92253 Richard & Leslie Fredericks 49-875 Avenida Obregon La Quints, CA 92253 Richard & Leslie Fredericks 210 Broadford Road Hailey, Idaho 83333 William Puget 77-600 Avenida Fernando La Quinta CA 92253 Floyd & Kathy Turnquist 77-341 Avenida Fernando La Quints, CA 92253 Edwin & Carol Lynne Mittelbusher 77-333 Calle Mazatlan La Quinta CA 92253 Y General Plan - Clerical Correction Letter - October 14, 2008 First Name Last Name Address Line 1 City State ZIP Code Paul McCormick 47-790 Villa La Quinta CA 92253 Bill Marx 78-420 Villa Caliente La Quinta CA 92253 Mike Sillers 79-320 Camino Amarillo La Quinta CA 92253 F.H. Hill 49-921 Avenida Vista Bonita La Quinta CA 92253 Jennifer Jenkins 49-385 Rancho San Francis uito La Quinta CA 92253 Joan Rebich 53-810 Avenida Cortez La Quinta CA 92253 Patricia Ward 51-605 Avenida Obre on La Quinta I CA 92253 Leigh Charlton 79-357 Centrino La Quinta CA 92253 Jeffrey Na elber 49-045 Calle Flora La Quinta CA 92253 Mary Jane O'Connor 77-343 Avenida Fernando La Quinta CA 92253 Roger Lolle 77-317 Avenida Fernando La Quinta CA 92253 Philip Maschka 77-213 Calle Mazatlan La Quinta CA 92253 Ron Olson 77-905 Lasela Court La Quinta CA 92253 Joseph McVeigh 77-240 Avenida Fernando La Quinta CA 92253 Marie Mack 74-399 Highway 111 Palm Desert CA 92260 JeffreyS rin er 801 S. Grand Los Angeles CA 90017 Wa ne Guralnick 74-399 Winhwav 111 Palm Desert CA 92260 Tom Leverte 48-085 Via Linda La Quinta CA 92253 Gloria Dodd 48-690 Villa Sierra La Quinta CA 92253 190 COUNCIL/RDA MEETING DATE: October 21, 2008 ITEM TITLE: Consideration of Civic Center Campus Veterans Acknowledgement Area Applications RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The cost of adding the names to the bronze plates will be approximately $28 per person. If all eighteen names are approved the cost of engraving the bronze plates will be an amount not to exceed $504. There is sufficient funding in the Art in Public Places Fiscal Year 2008-2009 budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On September 18, 2001, the City Council approved the criteria for the Acknowledgment Area monuments for Veterans, Artists and Sports Figures to be located on the Civic Center Campus. The criteria for the Veteran's Acknowledgement Area are listed below: 1. 3-year resident of La Quinta (past or present); and 2. Proof of Military Service: Form DD-214 or Notice of Separation 191 1 The following classifications are considered veterans: All branches of the military identified by the Department of Veteran's Affairs; reservists who have served a minimum of six (6) years; and Merchant Marines who have served on Active Duty. As of this report, eighteen applications for veterans have been submitted. Once the City Council approves the names of those individuals to be recognized as part of the Veteran's Acknowledgment Area, the names will be sent to a water jet engraver to have the names etched into the bronze plates as part of the artwork. The following applications have been submitted for consideration as part of the Veteran's Acknowledgment Area: Name Branch of Service Date of Service Douglas M. Fioresi Air Force - Major 1973-93 Dennis M. Morrell Air Force - SRA Air Force - MSGT 1981-85 2004-07 Michael G. Morris Air Force - SGT/E-4 1988-92 William P. Savage Marines - Corp 1943-45 Edward M. Cullinan Marines - Sergeant 1963-67 Scott E. Coulson Navy - MMFC 1940-46 Daine C. Hooper Navy - USNR V6 1943-46 Richard A. Parks Wavy - QM3 1951-55 Daniel A. Ramirez Navy - SN (E-3) 1960-62 Daniel L. Cook Navy - USN GMG 2 1966-69 Ronald G. Brewer Navy - USN PH3 1970-74 Luther Hall, Jr. Navy - USN BMCM 1947-77 William J. Knudson Arm - TEC 4 1942-45 Robert N. Wayman Army - SP 5(T) (E-5) 1957-60 Richard R. Hillman Army - PFC (E-3) (T) 1958-62 David D. Whitson Arm - SP 4 (E-4) (P) 1961-63 Richard J. Lane Army -COL 1965-92 Adrian T. Brown Army -SGT (T) 1967-69 Applications and supporting materials are on file with the Community Services Department. Once the individuals have been selected, staff will confirm spelling of names and dates with the individuals prior to having the names placed upon the bronze plate. Staff is planning a special event for November 11, 2008, Veteran's Day, at which time those listed as part of the Acknowledgment Area will be recognized, and a certificate will be issued to each of the individuals. 192 2 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the names of Veterans to be included on the Veteran's Acknowledgment Area and authorize the expenditure of Art in Public Places funds in an amount not to exceed $504 to add the names to the bronze plates; or 2. Approve one or more of the Veterans and authorize the expenditure of Art in Public Places funds in an amount not to exceed $504 to add the names to the bronze plates; or 3. Do not approve one or more of the Veterans; and do not authorize the expenditure of Art in Public Places for funds in an amount not to exceed $504 to add the names to the bronze plates; or 4. Provide staff with alternative direction. submitted, Edie Hylton / Community Services Director Approved for submission by: Thomas P. Genovese, City Manager 193 3 MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Veronica J. Montecino, CMC, City Clerk DATE: October 21, 2008 SUBJECT: Business Session Item No. 1 The Community Services Department has received one additional application for the Civic Center Campus Veterans' Acknowledgement. Attached is the application and attachments for consideration by the City Council. 194 V2� 0 4) ƒ> /$ -5 0 E CL o-0§t ocUE \� 2 0o 0 -�� f EU2 _o E o g %2 o U u 09 o=e,- 0-C o / Ec =kJ k° /72 'o E§§o \ }_) CL oa 0Eff°\0 �_ k�k\ ° so \ \(�2f }0(D00 =>0GaU c CL I § I � � � � � 195 a E e 0 a 196 "Tir-49 do deTtio '•0's'0 6Tsuolo0 tiomavo •a :zoa s •4uo4n�PY •4ssy �na4us3tt '•4T 4aI 9952 pa0 'd HO,�S/ILI/6,4� T ouo0 4uu4ns"pY •a'0'v '0100.41 3DIad '0 'B iS mosnaS IsleuaO aorvT 0-0 pus=oo 6g * ' T a0Idd0 s 'SITS£ •oH TaPeR 'gauyy •eta4sss leouePFsag 'eouanpa 04 .:uadmo0 QT4 Fuj4yjmzad ang4 'ao140a jo 41LO suodaem ego 4nd gojym eajd JVDWoq 3uj4aoddns pe400ajp ue114 aq 4Oj4m uodn sung oujgovz dmeae GAj3 ouj4VO0T uj Popeaoona eq •ejSj setae IIWUa Rmeue 04 3leamjq posodze AIIV=14uoo eq 's0u9e8jauuooes sjg4 u; *AusdWoo sjq ao eouenpn eq4 $uTAgap essm golgm suousem Rnaeq 4WGUe 04100I 04 24noos jo suTT sTq do peega 4uaa ` 4sasa Isuosied ajq o4 pae2sa 4no%TA& pua eaj3 Bmeue aepun NOS&Ma u.;WdvD 'S361 ATnP « 0091 4nOga 48 'dTIOTS 's*ss do umo4 eq4 uodn ooaoj ug eoueasFeuu000.x a UT 8uT4edjajwed asm Auldmoo ajq 9,T&% •uoj4as uj S rtivaijv9 sod -'3uI +*«s '*««s "Jul '6266I4P-0 KogHgj3d •v NO= uSa4daoo eaLronmo pjnjpuj psmea SujlTo3 eq4 v&a •aVSS 21804 pop aj s� j2ETll s ' sa 51- suoj4alr-leH �fmay JO suojsjnosd sq4 SepUq ATIs ds Hvis HRAIIs HKS d0 aavmv - z 2#61 4sn5nV,tt REPORT/INFORMATIONAL ITEM: / INVESTMENT ADVISORY BOARD Meeting August 13, 2008 I CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 4:00 P.M. by Chairman Ross, followed by the Pledge of Allegiance. PRESENT: Board Members Daniel, Ross, Rassi, Park and Moulin (4:20) ABSENT: None OTHERS PRESENT: John Falconer, Finance Director, Louise West, Accounting Manager, Diane Martin, Financial Services Assistant and Vianka Orrantia, Senior Secretary 11 PUBLIC COMMENTS — None. III CONFIRMATION OF AGENDA Presentation: Finance Internal Controls Mr. Falconer presented and reviewed for the Investment Advisory Board the internal financial controls for investments. Ms. Louise West and Ms. Diane Martin, along with'Mr. Falconer of the City Finance Department�were available to answer Board member questions. The Board thanked Mrs. West and Mrs. Martin for their attendance. IV CONSENT CALENDAR Approval of Minutes of Meeting on July 16, 2008 for the Investment Advisory Board. Chairman Ross advised the following corrections; Page 2: The following sentence should be listed as part of Item III - Public Comments title not IV — Confirmation of Agenda; (This is the time set aside for public comment on any matter not scheduled on the agenda.) Page 7: Item VII — Board Member Items — sixth sentence, should read; Board Member x advised of an error in the Investment Policy on page 22, 198 Investment Advisory Board Minutes August 13, 2008 MOTION - It was moved by Board Members Deniel/Moulin to approve the minutes of July 16, 2008, as amended. Motion carried unanimously. V BUSINESS SESSION A. Transmittal of Treasury Report for June 2008 Mr. Falconer presented and reviewed a draft treasury report. A draft report was presented to the Board due to information not yet available for the six-month cash flow and the final accruals for the year -ending 2007/2008. Mr. Falconer further advised that page 8 cash balances will change due to budgeted entries for negative balances. The final Treasurers report will be presented at the next scheduled board meeting. Mr. Falconer advised that there was a decrease in the portfolio by $11 million due to pass -through payments. Mr. Falconer further advised that the Treasury benchmark increased to 2.14%, with a decrease in the portfolio yield to 2.88% and the pooled cash investments slightly over by 3.09% with the overall portfolio currently exceeding the current benchmark. In response to Board Member Moulin, Mr. Falconer advised that the City currently holds some Freddie Mac paper with a portion to mature in September. Mr. Falconer further advised that he will not roll over this investment and would possibly invest in Federal Home Loan Paper and LAIF. Board Member Moulin concurred. MOTION - It was moved by Board Members Moulin/Deniel to approve, receive and file the Treasury Report June motion carried unanimously. B. Investment Advisory Board 2008/2009 Work Plan Mr. Falconer advised that City Council adopted the Investment Advisory Board's work plan for 2008/2009 on August 5, 2008 with Board Members Ross, Daniel and Moulin present. Mr. Falconer further advised of the handout forwarded to him by Board Member Moulin on his thoughts for next year's work plan. Board Member Moulin commented on the written staff report presented to the City Council. Board Member Daniel also commented on the staff report and suggested that the staff report be expanded in the future. 129 9 Investment Advisory Board Minutes August 13, 2008 Both Board Members Moulin and Daniel complemented Mr. Falconer on his oral presentation and also thanked Chairman Ross for his comments during the presentation of the work plan. Board Member Moulin suggested that the Board review the content and presentation of the monthly Treasurers report and also suggested forming a sub -committee for the review of the report. Board Member Daniel suggested that all three items be continued to the next scheduled meeting with Chairman Ross concurring. MOTION - It was moved by Board Members Park/Bassi to continue the discussion of the Fiscal Year 2008/2009 Work Plan Investment Policy to the September meeting. VI CORRESPONDENCE AND WRITTEN MATERIAL A . Month End Cash Report Mr. Falconer advised that page 3 reflects a state wide daily yield of 2.78%, with the six-month T-Bill at 2,12%, with the six-month bill at a discount of 1.88% as of August 1 st. Noted and Filed C. Pooled Money Investment Board Report Mr. Falconer advised that Staff was directed by the Board at the previous Board meeting to contact LAIF and get their feedback regarding Freddie Mac. Mr. Falconer further advised that he spoke with Dan Dowell and Mr. Dowell stated that he was comfortable in investing in Fannie Mae and Freddie Mac on a short-term basis and if he wanted to invest further out on the yield curve he would invest in Federal Home Loan paper for long- term investments. In response to Board Member Denial, Mr. Falconer advised that the $1 billion reflected in the report were REMIC's, which Mr. Falconer stated he was not familiar with. Board Member Daniel advised that these were real estate backed securities. Mr. Falconer stated that he also provided the web site page for the Board regarding LAIF's position on Fannie Mae and Freddie Mac investments. Noted and Filed .. 3 200 Investment Advisory Board Minutes August 13, 2008 VII BOARD MEMBER ITEMS In response to Chairman Ross, Mr. Falconer advised that the handouts from Staff were for informational purposes only, and the information is also utilized by the auditors for internal controls. Board Member Moulin summarized for the Board his handout and felt that the information provided could possibly be helpful to the Treasurer and helpful in cash forecasting. Chairman Ross suggested, as a business session item, that each Board member review the monthly Treasurers report and report back at the next scheduled meeting, any information and or comments regarding the Treasurers report. Mr. Falconer informed on the history of the Treasurers Report and advised the Board that this report has evolved over the last 13 years. Mr. Falconer further advised that the report is completed on a monthly basis and is finalized with his signature and than presented to Council. Mr. Falconer suggested that Staff go through each page of the report and report back those pages that are mandated only by the state code. Board Member Daniel advised Staff that they are merely trying to review the report for improvement and/or deletion of reports that are no longer needed. Mr. Falconer stated that he respects the Board for their efforts but reiterated that he is responsible for the Treasurer's Report because it is under his signature and must adhere to State Code. Board Member Rassi stated that he felt that this was the most logical way to proceed. Board Member Park requested that Staff forward the report to the Board prior to the mailing of the investment packets. Board Member Moulin advised that the Treasurer includes a monthly report of scheduled investments and suggested the report be redesigned and include the report within the investment policy. Board Member Daniel concurred. Vlll Adjournment MOTION - It was moved by Board Members Moulin/Ross to adjourn the meeting at 5:40 p.m. Motion carried unanimously. 4 201 Investment Advisory Board Minutes August 13, 2008 Sub ed b Vianka Orrantia, Senior Secretary 5 202 REPORTS/INFORMATIONAL ITEM: 0-40 MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA August 6, 2008 10:00 a.m. CALL TO ORDER A. This regular meeting of the Architecture and Landscaping Review Committee was called to order at 10:02 a.m. by Planning Manager David Sawyer who led the Committee in the flag salute. B. Committee Members present: Jason Arnold, Ronald Fitzpatrick, and Ray Rooker. C. Staff present: Planning Manager David Sawyer, Principal Planner Stan Sawa, Principal Planner Andrew Mogensen, and Secretary Monika Radeva. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: Staff asked if there were any changes to the Minutes of July 2, 2008. It was moved and seconded by Committee Members Fitzpatrick/Arnold to approve the minutes as submitted. Unanimously approved. V. BUSINESS ITEMS: A. Final Landscaping Plans 2008-032 a request of Steve Olshan, Project Architect, for the review of final landscaping plans for the Plaza at Calle Tampico located at the northeast corner of Calle Tampico and Desert Club Drive. Principal Planner Andrew Mogensen presented the information contained in the staff report, a copy of which is on file in the Planning Department. 203 Architecture & Landscape Review Committee Minutes August 6, 2008 Committee Member Ronald Fitzpatrick extolled the design, landscaping, and plans of the project and said he appreciated the applicant complying with the suggestions of the Committee. He especially appreciated the pedestrian -friendly design which included a water feature and an outside seating area. Committee Member Ronald Fitzpatrick asked if the project architect was from Santa Monica, California. Mr. Tom Cole replied that the architect had extensive retail experience, which was very beneficial due to the small size of the project and its constraints. Committee Member Fitzpatrick commented on the exposure of the Shops 2 building to the direct afternoon sunlight and questioned the lack of trees and plants to provide shading. Mr. Cole explained the tenants for the building had not yet been identified and expressed the applicant's concern of landscaping that could block sign visibility and drive potential tenants away. However, once the future tenants were established landscaping could be installed to meet the tenants' needs. Committee Member Fitzpatrick asked about bike racks being provided. Principal Planner Andrew Mogensen replied that bike racks were identified in two locations on the construction plans. Committee Member Fitzpatrick inquired about adjustments made to the outside seating area. Principal Planner Mogensen explained the applicant had adjusted the hardscape, around the central courtyard area, to accommodate an outdoor seating area for a grocery store and any potential restaurant tenant for Shops 1. He added the lighting for the project had been adjusted accordingly. Committee Member Fitzpatrick questioned the use of Star Jasmine as it thrived only in partially shaded areas. Principal Planner Mogensen replied the Star Jasmine would be placed on the north elevations in the shaded areas, for example along the wall on Springtime Way, which was almost always in shadow. In addition, the north elevation of Shops 2 had a vertical trellis on the pilasters with vines feasible for that type of shaded environment. 204 Architecture & Landscape Review Committee Minutes August 6, 2008 Committee Member Jason Arnold said he thought the plans were very nicely done. He wanted to comment on the use of Star Jasmine also, as the plant required a shaded area to thrive. He suggested substituting it with Calliandra (Pink Powder Puff) if there was inadequate shade for the Star Jasmine. He added the two plants looked almost identical and most people couldn't tell them apart. Mr. Tom Cole, Director of Construction for Highland Development Company, said he would mention the Committee's suggestions to the applicant. Principal Planner Mogensen said he had previously discussed the use of Star Jasmine with the landscape architect and had confirmed that it would only be placed on the north elevations of Shops 1 and 2, which would provide the necessary shading for the plant to thrive. Committee Member Ray Rooker said he viewed the intersection of Desert Club Drive and Calle Tampico as a major downtown area because of its proximity to Old Town La Quinta and the token fountain across the street. Unfortunately, none of the projects had put any emphasis on developing the corners at the intersections and making them more appealing to visitors and pedestrians. In future projects, Committee Member Rooker would like to see a tendency towards the architectural development of the street corners at major intersections in proximity to the projects to highlight them. Planning Manager David Sawyer commented that an enhanced pedestrian environment at the corner of this project had been discussed by the ALRC and the Planning Commission. However, it was not included due to the traffic patterns and proximity to the area. Another factor was the orientation of the Fresh & Easy grocery store would have also had to be adjusted. Committee Member Ray Rooker expressed his dislike of the fact that there would be a grocery store on a corner lot. This would provide the view of the store wall on one side and the utility drive-in on the back, which would add a negative connotation with its truck traffic. He suggested a corner location would be much better utilized by small shops due to visibility and signage, as well as from an architectural standpoint as the shops would have a more festive appearance for the community. Committee Member Ray Rooker pointed out that there were no trees shown on the street elevation at the fountain at Calle Tampico; 205 Architecture & Landscape Review Committee Minutes August 6, 2008 however, the plans do show trees. Further, more trees were shown directly above the entry at Calle Tampico with no breaks. He suggested omitting a few of the palm trees to promote pedestrian access. Staff replied that the continuous palm trees along Calle Tampico were planned intentionally as the mid -block crossing was discouraged. In addition, the trees would hide the power transformer from view. Staff has tried unsuccessfully to relocate the transformer. Committee Member Rooker said he was disturbed by the lack of trees on the back of the building. He said he realized the area was mostly shaded and did not require more trees. He encouraged the applicant from an aesthetic standpoint to place a few trees along side the plain wall of the building, which would not pose a signage obstruction for the tenants. The applicant acknowledged Committee Member Rooker's comments and agreed some landscaping should be put in place along side the back wall; however, that would be done at a later time when the tenants were identified. Committee Member Rooker asked about the lighting of the project as it was not indicated on the plans. Staff replied the lighting had already been approved through a separate building permit as it was not a matter for the Architecture and Landscaping Review Committee at this time to approve. Committee Member Fitzpatrick asked if shielded lighting was used. Staff replied all up -lighting had to be shielded and pointed towards a plant or a building. Planning Manager David Sawyer clarified the purpose of the Architecture and Landscape Review Committee meeting in reviewing the Final Landscaping Plans was for the Committee to determine whether the plans were consistent with the already approved preliminary plans and conditions of approval. Despite the excellent comments made by the Committee Members, they would not be applicable at this development stage of the project, but rather at the preliminary review stage. If the conditions of approval had left a door open for additional suggestions then the comments could have been incorporated; however, the Commission did not do that. Planning Manager David Sawyer said that during next month's meeting the Committee would be reviewing a couple of Site Development Permit applications which is the appropriate time for a thorough review of a project and recommendations to the applicant. '• 206 Architecture & Landscape Review Committee Minutes August 6, 2008 Committee Member Fitzpatrick asked if the Committee could make suggestions to the applicant which could later be enforced by the Planning Commission. Staff replied that the Final Landscaping Plans would not be reviewed by the Planning Commission again and the Architecture and Landscape Review Committee was the final approval the applicant needed to move forward with construction of the project. The Committee was to confirm the applicant had complied with the recommendations and conditions posed during the review and approval process. Planning Manager David Sawyer added that a common practice at this stage would be to have the plans approved by the Planning Director; however, the City of La Quinta had elected to have the Architecture and Landscape Review Committee to make a recommendation to the Director prior to his signature. Committee Member Fitzpatrick commented on the bareness of the southern exposure and that something more should have been done to protect the wall from the high temperatures, besides only extending some of the trellises. Committee Member Rooker asked if a suggestion could be made to the applicant to modify the plans. Planning Manager David Sawyer explained that the recommendations would be noted in the minutes, and if there was a way, some minor adjustments might be incorporated through the Planning Director's approval. However, the Planning Director did not have the authority for anything more than that as the plans had already been approved by the Planning Commission and CVWD. The recommendations made by the Architecture and Landscape Review Committee, after reviewing the preliminary plans, had already been presented to the Planning Commission. At that stage the applicant could have either adjusted the plans and incorporated the recommendations or could have waited to find out the decision of the Planning Commission as to if they would be made a condition of approval. There being no further questions, it was moved and seconded by Committee Members Fitzpatrick/Arnold to adopt Minute Motion 2008- 016, recommending approval of Final Landscaping Plans 2008-032. Unanimously approved. 11 207 Architecture & Landscape Review Committee Minutes August 6, 2008 B. Final Landscaping Plans 2008-034 a request of RGA Landscape Architects, Inc. (Rob Parker) for Eisenhower Medical Center (Ali Tourkaman), for the review of final landscaping plans for the Eisenhower Ambulatory Care Center located at the southeast corner of Washington Street and Seeley Drive within the Centre Pointe project area. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Planning Department. Principal Planner Stan Sawa introduced the applicant's representative, Rob Parker with RGA Landscape Architects, Inc. Committee Member Ronald Fitzpatrick thanked staff for providing very detailed information on the project and the history of the building. Committee Member Fitzpatrick said the project design was very well balanced. All of the major elements were equally balanced and the landscaping was abundant and lush. The plans showed large setbacks and big planters in the parking area taking away from the dominance of the asphalt. He liked the water feature on the site and the landscaped island. He found the planting to be very appropriate and in combination with the decorative paving and the elegance of the buildings to achieve a much softer and inviting look. Committee Member Fitzpatrick asked if the words "ambulatory care" meant that it was a walk-in clinic. Staff replied it was a walk-in clinic, but it also incorporated a lot of other services. Mr. Parker explained the clinic was a full -service, small scale hospital to service patients located in the south end of the valley. The clinic incorporated all services available at the main hospital campus in Rancho Mirage with the exception of surgical facilities which would be part of the future extension phase. Committee Member Fitzpatrick asked if the applicant had held community meetings and obtained community feedback. Mr. Parker replied several community meetings were held at the beginning stages of the project and many factors were taken into consideration in the design of the plans. Mr. Parker pointed out that the majority of the parking spaces were covered and that the final plans presented to the Committee had been highly upgraded from the originally submitted plans regarding the number and size of plants in the project. 208 Architecture & Landscape Review Committee Minutes August 6, 2008 Committee Member Fitzpatrick commented on the high elevation on Washington Street. Mr. Parker replied that was one of the biggest challenges with the project. However, retaining walls along the channel on that side were engineered in conjunction with CVWD to accommodate the slope. Committee Member Fitzpatrick questioned the water source for the water feature. Mr. Parker replied the water feature would be supplied by water pumped through a recycling system. Committee Member Ray Rooker asked about the lighting of the parking lot as it was not included in the plans. Mr. Parker explained the plans included the landscaping lighting fixtures only. The majority of the parking lot lighting was up underneath the canopies, covering the parking stalls, which consisted of shielded lights. Committee Member Ray Rooker commented on the lack of outside seating areas for staff and patients. Mr. Parker said the original plans had a connection between the water feature and the center island as a designated outside seating area, but the applicant decided that was not the attention intended for the center section. Mr. Parker mentioned there was a large area in the front of the building with planters, which would serve as an outside area for patients. Also, on the southeast corner of the building there was an outside patio. The entire campus was designated as non-smoking applicable to staff, patients, and visitors. In addition, on the third floor, there was a large terrace for the needs of physicians and employees. Further, Mr. Parker said that more outside areas might develop in the future as the additional usage of the building evolved and the project expanded and there was sufficient ground surface to accommodate future seating areas. Committee Member Fitzpatrick said the plans indicated the project was beautifully landscaped even though it was not very user-friendly. He asked if any plants could be incorporated into the semi -circle area at the entry way. Mr. Parker replied that issue was addressed with the applicant. The architect decided not to use flowers in that area due to safety and other issues. Committee Member Ronald Fitzpatrick asked if the applicant would have any exhaust issues from Applebee's. Mr. Parker replied there were no exhaust issues. ....` 209 Architecture & Landscape Review Committee Minutes August 6, 2008 Committee Member Jason Arnold commented on the nice and detailed execution of the plans which made them very easy to read. He was pleased with the number of trees being planted, over 200, and the size of them. There being no further questions, it was moved and seconded by Committee Members Rooker/Fitzpatrick to adopt Minute Motion 2008- 017, recommending approval of Final Landscaping Plans 2008-034. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: Attendance Update: Planning Manager David Sawyer mentioned that the attendance update was attached and staff would like to include it quarterly instead of monthly. The Committee did not have any objections. VII. COMMITTEE MEMBER ITEMS: None VIII. PLANNING STAFF ITEMS: Planning Commission Update: Planning Manager David Sawyer said the Madison Square project located at the northeast corner of Highway 1 1 1 and Dune Palms Road was reviewed by the Planning Commission and it underwent an extensive discussion. The project was approved and it included the majority of the ALRC recommendations, such as the sidewalks along Dune Palms Road conditioned to be moved away from the curb due to the project's proximity to La Quinta High School and the potential school traffic. Currently staff is coordinating efforts with the City of Indio, as well as other local communities, with regards to a potential recreational trail along the Whitewater wash. Due to the proximity of the project to the wash, the Planning Commission asked for an access pedestrian link to be placed from the interior of the project, between buildings 2 and 3, to the recreational trail. Planning Commission asked for Palo Verde and Mesquite for the shade tree pattern, and additional screening was required on the north side of the building along the side of the wash. It was clarified that the berms had to be �- : 210 Architecture & Landscape Review Committee Minutes August 6, 2008 three feet high measured from the top of the curb on the parking lot side. There was a concern regarding the overflow queue of cars that would come out of In -&-Out Burger, therefore, the applicant was asked to extend out the berming along Highway 111, the length of the frontage. The proposed turf along the curb side was removed because it was there only for aesthetics and it served no other recreational purpose. However, the applicant was given the option to install some good quality artificial turf. Planning Commission asked that the approval of the Final Landscaping Plans for this project be presented back to PC instead of the Planning Director due to the numerous adjustments imposed on the applicant. Committee Member Fitzpatrick asked if there were any comments on the bollard lighting along Highway 111. Planning Manager Sawyer replied there was a general discussion, but no adjustments were enforced. Committee Member Rooker asked if the Committee is to understand that the use of turf for commercial developments was not recommended. Planning Manager Sawyer replied the Planning Commission's position is turf should have a dual purpose such as recreational use for visitors and patrons of a development, in addition to aesthetics. There is a tendency to avoid the use of turf merely for aesthetics. Committee Member Arnold said the use of the Mesquite and Palo Verde trees was not very popular due to the tendency of these types of trees to fall over and break. However, he explained that this was a problem only when single -trunk trees were used. The Mesquite and Palo Verde multi -trunk trees would not be so fragile and there was not an increase in cost in obtaining them. Planning Manager Sawyer asked if there were certain types of Mesquites that were more prone to grow as multi -trunk. Committee Member Arnold replied that there was no tendency amongst the trees, it all depended on how the tree was grown in the nursery. Planning Manager Sawyer said he would look into the procedure rules and find out if the Committee needed to appoint a Chairman and if so the elections would be included in the next meeting's agenda. 211 Architecture & Landscape Review Committee Minutes August 6, 2008 IX. ADJOURNMENT There being no further business, it was moved and seconded by Committee Members Fitzpatrick/Rooker to adjourn this meeting of the Architectural and Landscaping Review Committee to a Regular Meeting to be held on September 3, 2008. This meeting was adjourned at 11:03 a.m. on August 6, 2008. Respectfully suWitted, MONIKA R4DEVA Secretary 212 REPORTS/INFORMATIONAL ITEM: cv— 1 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA August 26, 2008 7:00 P.M. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Ed Alderson who led the flag salute. B. Present: Commissioners Katie Barrows, Paul Quill, Mark Weber, Robert Wilkinson, and Chairman Ed Alderson. C. Staff present: Planning Director Les Johnson, Planning Manager David Sawyer, City Attorney Kathy Jenson, Assistant Planner Yvonne Franco, and Executive Secretary Carolyn Walker. IL PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: IV. CONSENT CALENDAR: Chairman Ed Alderson asked if there were any changes to the Minutes of July 22, 2008. There being no changes, it was moved and seconded by Commissioners Barrows/Weber to approve the minutes as submitted. Unanimously approved. V. PUBLIC HEARINGS: A. Conditional Use Permit 2008-113; a request of Gary Steven for consideration of a Conditional Use Permit for an Ice Skating Rink in an Existing Commercial Space in the Regional Commercial (CR) District, located at 79-430 Highway 111; north of Highway 111; approximately 150 feet west of Dune Palms Road. Chairman Alderson opened the public hearing and asked for the staff report. 213 Planning Commission Minutes August 26, 2008 Assistant Planner Yvonne Franco presented the information contained in the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked staff if there was any input from the neighboring community. Staff said there were no negative comments, only positive comments from the surrounding retailers. There being no further questions of staff, Chairman Alderson asked if there were any applicant representatives or comments. Mr. Gary Steven, 79-220 Violet, La Quinta CA 92253, was introduced and provided information on the operation of the skating rink previously located in Cathedral City. He expressed his need for a larger rink and explained the new rink was not an NHL -sized rink. However, he does have plans to build a larger rink in the future. He said currently children are traveling from one rink to another to play hockey and practice figure skating. The proposed rink would be used for figure and public skating. He described the hours the rink would be used and said he plans to be operational in two weeks. He told the Commissioners the other tenants of the center are excited about having him as a tenant. Chairman Alderson asked if Mr. Steven was the applicant/owner. Mr. Steven replied he was. Commissioner Weber said he thought it was a great proposal and great for La Quinta. He asked what was the percentage of La Quinta children skating in the league. Mr. Steven said 80% of his business was from La Quinta. Mr. Steven then produced the numbers of students from elementary, middle-, and high-school who were interested in using the new facility and said they have now formed a La Quinta hockey club. He said the enthusiasm was amazing. Commissioner Weber asked if the move from full size to three-quarter size would pose any limitations. Mr. Steven explained that the old rink was actually smaller than the new one and gave the measurements of each. He explained how teams sometimes have to adjust to the different rink sizes, but noted that they would not be able to host championship games at the rink. Commissioner Weber asked if he was anticipating a higher attendance for league play or figure skating. Mr. Steven said the biggest draw would actually be birthday parties which happen during public skating. He then described some of the events which are being planned and the hours allocated to accommodate those events. 214 Planning Commission Minutes August 26, 2008 Commissioner Weber asked if any events were planned which would require a large amount of parking. Mr. Steven explained how the event parking had been handled in Cathedral City and said there had never been a problem. He added, the events are largely drop-off and pick-up with no parking problems. Commissioner Quill thanked Mr. Steven for opening this type of business. He said the City should be promoting recreational venues and applauded Mr. Steven for promoting this use. Commissioner Quill commented that if there was anything the City could do, to help this business owner financially, they should certainly do it. Commissioner Wilkinson asked about the cost of public skating. Mr. Steven gave him the proposed prices of $8 per/child, $10 per/adults plus $4 for skate rental. Mr. Steven stated it was very inexpensive entertainment. Commissioner Wilkinson said he shared Commissioner Quill's enthusiasm of this new facility. Chairman Alderson asked if there would be provisions for a concession area. Mr. Steven said they would like to add a concession area in the future. Chairman Alderson said he shared Commissioner Quill's enthusiasm. There being no further applicant comments Chairman Alderson asked if there was any public comment. There being no further questions, or public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. There was no further discussion, and it was moved and seconded by Commissioners Quill/Barrows to approve Resolution 2008-023 recommending approval of Conditional Use Permit 2008-113, as recommended. Unanimously approved. B. Sign Program 2003-734, Amendment No. 1; a request of Sign -A -Rama (Chad Addington) for consideration of an Amendment to update the Sign Program for the Corporate Center Professional Plaza to allow illuminated and larger signs, in the Corporate Centre Professional Plaza located at 79- 215 — 79-245 Corporate Center Drive. 215 Planning Commission Minutes August 26, 2008 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. Chairman Alderson asked if there were any questions of staff. Commissioner Weber asked about the sign area shown on the exhibit. He asked if that was the applicant's representation of the 100 square foot sign. Staff replied that was added by staff for illustrative purposes only and explained what was shown on the Power Point exhibit. Chairman Alderson asked if the approval requested was for larger signs and illumination. He asked staff to reiterate their recommendations. Staff gave a brief overview of their recommendations. There being no further questions of staff, Chairman Alderson asked if there were any applicant representatives or comments. Mr. Chad Addington, 80-890 Via Puerta Azul, La Quinta, the applicant's representative, was introduced, and gave the Commissioners a new exhibit. He explained the banner, in the exhibit shown, was 24 square feet. Chairman Alderson asked what area was he referring to. Mr. Addington pointed out the area. The sign originally requested was 74.8 square feet. He had copies of the sign he proposed versus the one the City would approve at 54 square feet. Chairman Alderson asked if staff could display the exhibit Mr. Addington had brought for the meeting. Staff was unable to display the exhibit and a copy was distributed to the Commissioners. Jeff Grady, Partner of Sign -a -Rama, 43-611 Corte Del Oro, La Quinta was introduced and spoke on behalf of Steve Parvero (Blood Bank). He explained he was proposing north and west facing, 38 square foot signs for the Blood Bank. He had also brought exhibits which were distributed to the Commissioners. Chairman Alderson asked about the possible expansion of the Blood Bank. 216 Planning Commission Minutes August 26, 2008 Mr. Steve Parvero, Vice President of Blood Services of the Blood Bank, was introduced and said they are currently utilizing the whole building and would not need to expand. Commissioner Wilkinson asked about the size of the sign shown on The Blood Bank exhibit. Mr. Grady replied it was 37.75 square feet. Commissioner Quill asked about the name shown on The Blood Bank sign exhibit. Mr. Parvero explained they used a fictitious name, on the exhibit presented to the Commission, since they are currently going through a name change. They have a campaign planned and would like to have their new name remain a secret for now. Chairman Alderson asked if they were asking for a new sign as well as the one they currently have. Mr. Parvero said yes. Commissioner Quill asked if they were asking for the same square footage for both signs. Mr. Grady said not for the Blood Bank. Commissioner Barrows asked Mr. Grady to clarify if they were requesting two 37.75 square foot signs for the Blood Bank on two different sides of the building for a total of 76 square feet and 75 square feet for the other signs. Mr. Addington said they were actually a total of 74.8 square feet with linear footage a little over 100 feet which was based on one square foot of signage per linear foot. Chairman Alderson asked for clarification of the square footage. Mr. Addington reiterated his previous statement. Planning Director Les Johnson said with reference to the information regarding the Blood Bank, he was not aware of two signs being proposed. This was new information to staff and had only been presented at this meeting. The staff report, presented to the Commission, did not involve any information on The Blood Bank. The information presented involved only one sign per tenant. He added, if the Commission wished to entertain two signs, that would require an amendment. The original report/request clearly stated one sign allowance per tenant and the presentation from the applicant was something staff was previously unaware of. There being no further applicant comments Chairman Alderson asked if there was any public comment. 217 Planning Commission Minutes August 26, 2008 There being no further questions, or public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. Commissioner Weber said it looked like staff determined several things were acceptable regarding illumination. He was more inclined to go along with the staff's recommendation in that they made the necessary analysis of the area. He thought the staff recommendation to maintain the 50-foot standard was appropriate. He added the size of the sign would not make much difference to anyone going down Corporate Way as they would be able to see the signs. The current sign seemed a little small but was only temporary and half the recommended standard. He said he would prefer to stay with the standard of one sign per tenant. Commissioner Barrows wanted to clarify the exhibit shown earlier identifying the sign area as 50 square feet. Assistant Planner Franco said the size of the box shown was approximate. It was only an example to show what the applicant was proposing at the location of the 50 square foot sign. Chairman Alderson re -opened the public portion of the meeting to allow a comment from Mr. Addington. Mr. Addington said the exhibit he handed out to the Commission with the 50 square foot sign was shown to scale. Commissioner Weber asked if the representation on the screen was a three foot by eight foot (a 24 square foot) sign which is a half - representation of a 50 square foot sign. Mr. Addington replied it was. Chairman Alderson re -closed the public portion of the meeting. Commissioner Barrows said she was comfortable with staff's recommendation with the 50 square foot sign. Commissioner Wilkinson asked for clarification of whether they were referring to one sign or two. He asked about a representation on the screen and the remark about a sign on the north and the west sides of the building. Assistant Planner Franco said the amendment referred to signs on the north side. As presented at this meeting, The Blood Bank, was now asking for a sign on the west side of the building. The previous recommendation was only for the north side of the building. 218 Planning Commission Minutes August 26, 2008 Commissioner Quill asked staff to mark (on the exhibits) where the signs would be placed and identify the buildings and number of signs requested for each. Staff said the sign program limited the applicant to one sign per tenant. Commissioner Wilkinson asked where the signs were proposed. Planning Manager Sawyer identified the location of the signs as proposed by staff versus those proposed by the applicant. Commissioner Wilkinson reiterated what staff had said. Planning Director Johnson explained the marking on the exhibits. Staff further explained the applicant showed two signs per building, but there was currently only one tenant per building. There was the potential for more tenants at a future date. Chairman Alderson re -opened the public hearing. Mr. Addington said the original amendment he proposed was just for signage on the north elevation and he was working with Dr. Hockings. The Blood Bank proposal came in after he put in the original proposal. He would like the north elevation signs approved tonight and he understood The Blood Bank could submit their sign request later. Commissioner Quill said what they were looking at tonight was if there were four tenants they could have four signs, but since there are only two tenants only two signs would be approved. Later tenants could be added and signs could be added. Staff said that was correct. Commissioner Quill asked if the Commission could discuss the addition presented by the applicant tonight. Staff said it was new information but the Commission could consider it if they so chose. Chairman Alderson asked if he understood correctly that the Commission was approving as the staff recommended. Staff said yes, as well as the new information they were considering which included the potential of more than one sign and the addition of the west elevation sign in the sign program. Commissioner Wilkinson asked how the Commission would accomplish that. Staff replied they would have to state, within their motion, staff shall work with the applicant to ensure the program was amended accordingly. Chairman Alderson asked if they would see the fifth sign. 219 Planning Commission Minutes August 26, 2008 Commissioner Quill said they could recommend that it be the same size. Staff said the sign program, as it was currently written, would not allow more than one sign per tenant. You would have to allow signage on the west elevation and also specifically identify the additional signs. Commissioner Wilkinson asked since The Blood Bank currently occupied the entire building, if they left would the replacement business have to have their sign approved by staff. Staff said the signs would not come before the Commission if they adhered to the Sign Program. Commissioner Quill asked if the Commission could add the language, by condition, for the west facing sign. Chairman Alderson added that the condition would state staff should review the sign and it would not come back to the Commission. Planning Director Johnson suggested the Commission be definitive in what they would like to see and not leave it to staff's discretion. Commissioner Quill said the west facing sign was visible from the parking lot and it is a fairly visible location. This is a community blood bank and they want people to know where it is. He said personally he would not be adverse to allowing a sign for a single tenant. By virtue of The Blood Bank occupying the whole building there is no opportunity for them to put up two signs. All the applicant is suggesting is the sign facing west could give them additional visibility. He would not be adverse to that. He would personally agree to the proposition they allow the 50 square foot sign on the west face and follow all the other conditions of approval. Chairman Alderson asked if the rest of the conditions would remain the same. Commissioner Quill replied they would. Commissioner Weber asked staff if it would pose any undue hardship to staff if the signs were not approved. Staff said it is not a matter of undue hardship. Staff does not disagree that it does give exposure on Adams. They question the need for an additional large sign, and suggested they could use a door sign, or other signage. The question being; is there a need for two 50 square foot signs on the building if they are getting the exposure. The way Corporate Center is identified now at this site, just beyond the east driveway, it is a cul-de-sac, with all the trips coming from Adams. 220 Planning Commission Minutes August 26, 2008 Commissioner Weber said once Corporate Center Way goes through the Commission should not anticipate any application for additional signage on the east facing side. Currently Corporate Center was configured for a west entrance, but eventually it would be a thoroughfare, going all the way through. Right now the signs are appropriate because of the proximity of the World Gym, but he wanted to confirm that with the completion of Corporate Center Way, the applicant would not anticipate additional requests for signs on the east side. There being no further discussion, it was moved and seconded by Commissioners Quill/Wilkinson to approve Minute Motion 2008-014, recommending approval of Sign Program 2003-734, Amendment No. 1, as submitted in the staff report with the following additional recommendation: 6. The tenant occupying the northwest portion of building one will be allowed an additional 50 square foot sign on the west face of Building One. Unanimously approved. VI. BUSINESS ITEMS: None VII. CORRESPONDENCE AND WRITTEN MATERIAL: None VIII. COMMISSIONER ITEMS: A. Discussion of Whitewater Channel Multi -Use Trails. Planning Director Les Johnson responded to Commissioner Quill's request for an update on the Whitewater Channel Multi -Use Trail and distributed a copy of the proposed Whitewater Channel Multi -Use Trail Map. He noted this trail was identified in the 2002 General Plan. He said the Coachella Valley Parks and Recreation District has embarked on three trails to be established. He has been working with the Planning Department (CVPRD) and the City's Community Services Department and they have all been talking with nearby communities about working on a continuous trail. It would be more of a success to obtain grants if this a joint effort. He said a meeting was held, in mid -July, with the City of Indio to discuss a multi -use trail and found both cities were in about the same place. ~ 221 Planning Commission Minutes August 26, 2008 There will be another meeting again in September and the City of Coachella will be included in that meeting. He said La Quinta will be coordinating with the other cities, but it is undetermined, at this time, when they will be dialoguing with the City Manager regarding a feasibility study on the trail. He said it is early in the process but there is quite a bit of interest, from the staff, in La Quinta as well as Indio. He distributed an exhibit to the Commissioners of the proposed site showing access along the Commercial Corridor (Highway 1 1 1). He added, if they can work it out with Indio it would open access to the east. On the second page of the exhibit, there was a larger scale of the Indio portion of the Whitewater Channel and the Indio Boulevard/1-10 Corridor which showed there was nothing currently mapped out, but it illustrated the large amount of people this corridor could reach. The General Plan has a significant amount of language that supports this program being established. He was encouraged by the potential of seeing something move on this. Commissioner Quill said we've had the trails on the General Plan and have conditioned them as an improvement. The reason this discussion came up was because of the last parcel at the corner of Dune Palms and Highway 1 1 1. There was a question as to how we would condition them to build their portion. He had the following questions: • Who's got the condition to build this anywhere else along this corridor, adjacent to their property? • If we haven't conditioned anybody else, is it okay to condition new development to do their piece, fund their piece, or bond their piece? • If were looking at this as a joint city project, and the City of Indio is on board with that, is this more of the kind of thing where we just want cooperation, or do we want grant money sources for non -motorized transportation routes? 222 Planning Commission Minutes August 26, 2008 • How do we actually condition projects with the few parcels left, in terms of development (Highway 1 1 1) along the wash and how do we condition projects, for the future? • And what does this mean for the developer who was approved at the last Planning Commission meeting? Planning Director Johnson pointed out the following: ■ He outlined other projects which had been conditioned for development contributions. ■ Even though the General Plan supports a trail to be established there is not an actual plan that definitely moves forward with a policy to support it. ■ The feasibility study will give substance to defining what the improvement would be and provide a better opportunity to identify financial contributions. ■ Our position is that even though we have one project that is conditioned, we see it as Indio does, we are going to have to identify other financial resources to make this happen. ■ Palm Desert's successful trail plan, along the 1-10 corridor, provided a lot of optimism and hope that other cities can be as successful in joining together to obtain grant funding sources. We see that the majority of the costs of this plan are going to have to be borne by grant funding sources. ■ We are trying to work with Indio to do a feasibility study that all cities contribute to. It may not be possible and we may have to do it on our own. We want to make sure that the trail material, width, etc. will be consistent. But in the final analysis, there should be a different feel on the trails between our city and other communities and that will be a way to let people know they have arrived in La Quinta. There will be components that are different and independent from jurisdiction to jurisdiction. The biggest benefit, from a funding standpoint, and our greatest success is in working jointly. Commissioner Comments were as follows: ■ Commissioner Quill said CVRPD (Coachella Valley Recreation and Parks District) is working on a feasibility study right now. Planning Director Johnson said once they had met with the other two cities, they would then be working with Mr. Ford of CVRPD. 223 Planning Commission Minutes August 26, 2008 ■ Commissioner Weber said Community Services is actively working on this trails plan. He mentioned the challenge is to get the level of detail done in a timely manner. He added he is fully supportive of this and it will be a great project for the City of La Quinta. He thanked Commissioner Quill for bringing up the subject for discussion. ■ Commissioner Barrows said, in terms of the issues identified in the feasibility study, the developments have already been approved and what remains are the back sides of stores which presents a challenge. The feasibility study would look at the entrance and exit points on the trails. She was interested in the use of the trails for actual bike usage, as well as a paved trail. She asked if these features were part of the CVRPD Study. ■ Commissioner Quill said they are looking at land ownership in the feasibility study. He said most people think it will be a Class I bike trail, as a base level requirement. He would also recommend that they should look at the north side, of the wash, as well. The north side would be more feasibile since it has a gentler slope and would be more buildable. The south side is more erodible. The north side has a gentler slope. ■ Staff said they are open to options on either side, but are currently focusing on the south side. If the south side is chosen they will work with the neighboring property owners to provide safe access to those properties. One component of the multi -use trails is the convenience factor since it is what gets people to use them. That is critical. It needs to be inviting, encouraging, and tastefully done; complementary to the way the City is built out. It should encourage people to utilize the commercial corridor. ■ Commissioner Wilkinson asked about funding. Staff said, at this time, they have not discussed who would be doing the funding. ■ Commissioner Quill said the Community Trails Group has discussed funding. He said the cities need to come together, like La Quinta, and once those plans are on the books, foundations will fund substantial amounts of money to groups like the Community Trails Group. There is a lot of money available. The challenge is to get the trail designed. 224 Planning Commission Minutes August 26, 2008 ■ Planning Director Johnson mentioned the Council/Commission Joint Meeting on November 25`h and suggested the Commissioners might want to bring up this subject. He said he would talk with the City Manager about scheduling this as an agenda item. ■ Chairman Alderson said this land is not CVWD land. When he was working with the Point Happy development they had to put up a deposit for an eventual sidewalk. The land they were talking about securing for the trail was the landowner's property. ■ Staff said their understanding is there is not a parcel -by -parcel analysis. In preliminary checking, on the south side, some land belongs to CVWD and some is privately owned. It is hoped the ownership will be identified in the study. ■ Commissioner Quill said a lot of this land is simply easement; floodway easement, dedicated to CVWD. There are other uses allowed. He gave the example of the Monterey Country Club. He said the idea of a trail becomes tough when dealing with other cities, who do not favor the plan, because they can just say "no". ■ Commissioner Quill said as you go down the trail there is every conceivable form of ownership. Some are owned by CVWD and some are privately owned. ■ Chairman Alderson said the City has land that is provisioned, and some that is not. ■ City Attorney Jenson said the City does have the power of eminent domain and this use would qualify as a public purpose. ■ Commissioner Weber said Community Services is identifying the owners, for public record. CVWD has indicated they are in support of this trail. Eminent domain would be an opportunity once the cities band together. The sheer weight of those numbers would help convince unwilling cities this is a valuable use. 225 Planning Commission Minutes August 26, 2008 IX: DIRECTOR ITEMS: A. Joint Council Meeting Planning Director Les Johnson advised the Commission of a Joint Council meeting on November 25, 2008. The Planning Commission is scheduled to meet with the Council at 5:00 p.m. in the Study Session Room. Commissioner Barrows asked if all the other commissions would be done the same night. Staff replied they would. She commented she might not be able to attend as she had a previous commitment. Staff said they would confirm the time and place, via email, to the Commissioners. 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 September 9, 2008. This regular meeting was adjourned at 8:21 p.m. on August 26, 2008. Respectfully submitted,)) Carolyn Wa er, Executive Secretary City of La Quinta, California 1. 226 REPORTS/INFORMATIONAL ITEM: MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA September 9, 2008 CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:02 p.m. by Chairman Ed Alderson who led the flag salute. B. Present: Commissioners Katie Barrows, Paul Quill, Mark Weber, Robert Wilkinson, and Chairman Ed Alderson. C. Staff present: Planning Director Les Johnson, Planning Manager David Sawyer, Assistant City Attorney Michael Houston, Principal Engineer Ed Wimmer, Associate Planner Jay Wuu, and Executive Secretary Carolyn Walker. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: Chairman Alderson asked if there were any changes to the Minutes of August 26, 2008. Commissioner Weber requested the following amendment: A. Page 9, paragraph one, last sentence shall read: Commissioner Weber said once Corporate Center Way goes through the Commission should not anticipate any application for additional signage on the east facing side. Currently Corporate Center was configured for a west entrance, but eventually it would be a thoroughfare, going all the way through. Right now the signs are appropriate because of the proximity of the World Gym, but he wanted to confirm that with the ... 227 Planning Commission Minutes September 9, 2008 completion of Corporate Center Way, the applicant would not anticipate additional requests for signs on the east side. There being no further discussion, it was moved and seconded by Commissioners Barrows/Wilkinson to approve the minutes as amended. Unanimously approved. V. PUBLIC HEARINGS: A. Site Development Permit 2004-821, Extension No. 1; a request of Mega Dealer, LLC for consideration of a one-year extension of time for construction of an approximately 30,000 square foot auto dealership facility, located at the southeast corner of Adams Street and Auto Centre Drive. Chairman Alderson opened the public hearing and asked for the staff report. Associate Planner Jay Wuu presented the information contained in the staff report, a copy of which is on file in the Planning Department. Chairman Alderson commented on the fact that several Commission members had not seen this project before and were welcome to ask questions. Commissioner Weber asked if the main entrance to the site would be on the north side on Auto Center Drive. He also asked about the landscape buffer on Adams Street and the elevation changes. He said parking stalls, on the west facing side, were not to be display areas. Staff replied there were no new landscaping plans, this landscaping already existed. Commissioner Weber asked for clarification on the type of trees which were noted as canopy/shade trees which were proposed to be the buffer on the south side (by the proposed JC Penney property). Commissioner Weber was concerned about the lighting and signage; because of the site's proximity to Lake La Quinta. Staff replied the landscaping was not reviewed under the new water efficiency standards when it went through the entitlement process. However when this 228 Planning Commission Minutes September 9, 2008 project does eventually go through the final landscaping plan check, staff will work with the applicant and make sure all the trees and landscaping do meet the current standards. Staff said no signs have been proposed with this Site Development Permit and the applicant would have to submit a sign application, for signage, at a later date. Commissioner Weber noted on page three, of the staff report, the landscaping was to include the Palo Verde, Acacia, and Mexican Fan Palms. He asked if the landscaping would be brought back to the Planning Commission. Staff said as recommended , it would not come back to the Planning Commission but they are recommending that it go to the ALRC with final approval by the Planning Director. Planning Director Johnson said that was a standard condition. Typically the final landscape plan review was checked by the ALRC, prior to Director approval, but only after the plans were reviewed by the Coachella Valley Water District (CVWD). Commissioner Wilkinson had a question regarding the elevations and colors shown. He asked if the green color shown was the one originally approved. Chairman Alderson also asked if that was the correct color and referred to the color name listed on the plans. Commissioner Wilkinson asked if the contrast of the green on a field of white was just for conceptual purposes to show spaces and dimensions. Commissioner Quill echoed the same questions and asked to what extent was the Commission able to modify the project. He wanted to know if they could also have a second look at the color, at a future date, if the building was constructed in the manner presented. Planning Director Johnson said the Municipal Code provides the opportunity for consideration of the entire project during the Site Development/Time Extension process. Since the Commission was reviewing the entire project they had the ability to make changes or modifications, with justification. He said in the transition between the previous and current owners a lot of the original information was lost, except what the City had on file. The current owner did provide some additional exhibits but they were fairly limited and more focused on the site design itself versus the elevations of 229 Planning Commission Minutes September 9, 2008 the buildings. If the application were approved, as presented, the applicant could proceed forward within the one-year period. He also said there was a better description, in the original staff report, regarding colors and landscaping but staff was fairly limited in what could be presented from the standpoint of exhibits. He added, there was also the potential this would likely be slightly modified and would have to come back to the Commission. It would then be a matter of having to understand the extent of the changes to ascertain whether it would be either an administrative change through the modification by applicant procedure or if it could be directed back to the Commission for further consideration. At this point in time, the owner of the property is not interested in a Mazda dealership which is what was presented. It would be some other dealership which is currently unknown. There is the potential there would be some changes, but neither the City nor the owner know the extent of those changes at this time. Commissioner Wilkinson asked if the Planning Commission were going to look at the plans again. Planning Director Johnson replied the Commission could modify it if they wanted, but if they were to grant the extension for one year the applicant would have the ability to proceed with the entitlement as conditioned and approved. There was the possibility that something could be modified. That modification, depending on the extent of it, could either be done as a modification by applicant, administratively, or it would be required to come back to the Commission for further consideration. Chairman Alderson asked if the Commission could approve the project and hold the colors and landscaping in abeyance and approve them at a later date. Commissioner Quill also asked the question of whether the Commission could modify them. Staff said the Commission could require further information to be brought back, as a Business Item if desired, or approve it as submitted. The Commission had more than one option for consideration. There being no further questions of staff, Chairman Alderson asked if there were any applicant representatives or comments. 1. 230 Planning Commission Minutes September 9, 2008 Mr. Gregory Oleson, 78-100 Main Street, Suite 205, La Quinta, California (Counsel for the applicant) was introduced and said he would be happy to answer any questions. Chairman Alderson asked Mr. Oleson to comment on the colors and landscaping. Mr. Oleson responded, with regard to the color, his understanding was as Commissioner Willkinson stated, that it was more for the purpose of depth perception issues, not color. While Mr. Oleson was not in a position to represent his client he did comment they would absolutely not be developing what was presented. The likelihood of that happening was remote due to the current economic times and it most likely will not be a Mazda dealership. He said the chance of not coming back ,either administratively or to the Planning Commission for changes was not significant. He was unable to answers any questions regarding landscaping. He said it was something that would have to be submitted to CVWD for approval and then come back before the City. There being no further applicant comments Chairman Alderson asked if there was any public comment. There being no further questions, or public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. Commissioner Quill said it appeared all the applicant was requesting was securing entitlement for another year. It did not appear there was any intention of developing exactly what was shown on the current plans. He said he would be fine with approving it as is, with the exception of the fact the landscape plans would have to be reevaluated by CVWD and comply with the new standards. He didn't see any other issues except to comment that he hoped staff would take a look at the colors if the applicant decided to do exactly what was shown. He would like to see colors that blended in with the surrounding neighborhood. Commissioner Weber commented that on page 2 of the staff report, under Architectural Design, it was stated: "The front elevation will be a steel frame front with heavy gauge metal, stuccoed block, and glass. ...The principle facade elements will be 231 Planning Commission Minutes September 9, 2008 painted black and parrot green with blue doors and orange accented aluminum window frames. " Commissioner Weber said since it is specific, it would behoove the Commission to make sure that the colors do come back and are addressed formally. Commissioner Quill added if they came through with this same structure. Commissioner Weber said that was correct. Commissioner Barrows commented on the landscape saying she would like to see a different species in the parking area. It appeared the parking lot trees were all Washingtonian palms and it was important to include shade trees since palms offer virtually no shade. She asked if they could be switched to Palo Verdes, or a tree that offers more shade, to provide more benefit in the parking lot. She did not know if the palms were included for architectural purposes and wasn't sure if she was supposed to comment on that item now or when the landscaping came back to the Commission or to the ALRC. Planning Director Johnson said it would go to ALRC as currently identified, but he had the following comments, for Planning Commission consideration. Quite often car dealers don't have shade trees in their display area; however there are customer and service parking areas that could benefit from shade trees. He suggested shade -type trees such as the Palo Verde be used in the non -display parking areas and the palms remain in the display areas. Commissioner Barrows said that would make sense. She felt there were too many palms and the landscaping could be softened in other areas and particularly along the Highway with additional Palo Verde. She suggested they consider the use of the native Blue Palo Verde, and requested that suggestion be forwarded to the ALRC. There was no further discussion, and it was moved and seconded by Commissioners Wilkinson/Quill to approve Resolution 2008-024 recommending approval of Site Development Permit 2004-821, Extension No. 1. with the following comments/recommendations: The landscaping be reviewed by the Architecture and Landscaping Review Committee (ALRC) at the appropriate time, as is standard protocol. 232 Planning Commission Minutes September 9, 2008 VI VII Vill K4 • If the current structure is built, the color palette be re-evaluated and approved administratively (at staff level). Unanimously approved. BUSINESS ITEMS: None CORRESPONDENCE AND WRITTEN MATERIAL: None COMMISSIONER ITEMS: Reminder of Council attendance and report - Staff offered to send a reminder to the Commissioners. A. Comments about the CV Trails Map distributed by Commissioner Quill. Commissioner Weber commented on the fact it was nice to have this map. Commissioner Quill said this was produced by the County of Riverside Parks and Recreation Department, through the Health Department, to promote healthy communities. The map shows existing bikeways and trails throughout the Coachella Valley. There were a few errors in the first printing, so those would be distributed free to bike shops, hotels, etc. They will be collecting donations for the next printing as it can be used as a fund-raiser. Commissioner Weber said it was helpful, from a planning perspective, as it would provide everyone in the Coachella Valley the understanding of the direction we need to be going in. It's nice to see something on paper and so nicely done. Commissioner Quill said it was a really great start. DIRECTOR ITEMS: A. Commissioners Weber and Wilkinson, Johnson, will be attending the Planning week. as well as Planning Director Commissioners training next 233 Planning Commission Minutes September 9, 2008 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 September 23, 2008. This regular meeting was adjourned at 7:29 p.m, on September 9, 2008. Respectfully submitted, Carolyn Iker, Executive Secretary City of La Quinta, California 234 Department Report: 1- 4 c7 _ 5 E� OF T 9 TO: The Honorable Mayor and Members of the City Council FROM: Bret M. Plumlee, Assistant City Manager, Management Services 01 DATE: October 21, 2008 SUBJECT: Department Report - Response to Public Comment The following public comments were made at the October 7, 2008 City Council meeting: 1. Bruce Pelletier, 79-410 Highway 111, Chairman of the U.S. Tee Kwon Do, La Quinta team requested the City Council's support for an exhibition to be held at La Quinta High School on November 8, 2008. 2. Edward Song, 79-410 Highway 111, Instructor at U.S. Tee Kwon Do requested the City's support for an exhibition of masters and the number one demonstration team. He hopes this exhibition will become an annual event. ' Mayor Adolph requested the program be published in the La Quinta Gem and City newsletter. City Manager Genovese stated staff will coordinate the publication of the event with Mr. Pelletier and Mr. Song. 3. Roger Hopkins, 54-155 Avenida Obregon, stated he recently sponsored a party for candidates for Mayor and the City Council on October 4, 2008. He conveyed his concern for a lack of plans for a dog park and reviewed his proposal to establish a centralized dog park in the city. 235 Department Report: I— B ok ' off, Tait Q.D�i �W s OF Tk� TO: The Honorable Mayor and Members of the City Council FROM: Bret M. Plumlee, Assistant City Manager — Management Services DATE: October 21, 2008 SUBJECT: Update on Green and Sustainable Program "Going green" means to pursue knowledge and practices that can lead to more environmentally friendly and ecologically responsible decisions and lifestyles, which can help protect the environment and sustain its natural resources for current and future generations. The City of La Quinta (City) believes in "going green" and to that end has developed the Green and Sustainable La Quinta Program. This report will provide a quarterly update to the various "green" activities City staff has been involved since July 2008. City-wide Green Projects and Activities Coachella Valley Water District (CVWD) is working with Community Services staff to find ways that the community can become educated on efficient water use. Staff budgeted "Green Projects" for the Civic Centre Campus, Eisenhower Park, Saguaro Park, and Adams Park. These water efficiency projects will be completed in the 2008/2009 fiscal year. Fiscal Year 2008/2009 "Green Projects" include: • Removing 18 inches of turf from the west wall at Saguaro Park; • Removing grass islands between the sidewalk and street at Adams Park and replacing it with plants and decomposed granite; 236 • Replaced turf between the City Hall south parking lot and the Civic Center Campus with plants, drip irrigation and decomposed granite; • Replaced turf between the fence and sidewalk at Eisenhower Park with plants, drip irrigation and decomposed granite; • Planted desert landscaping at the La Quinta Senior Center. These new projects will allow people to see that desert landscaping is beautiful and attractive for their neighborhoods. Recently, Vintage Landscapes 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. On August 6, 2008, the Senior Center, in partnership with the Community Action Partnership of Riverside County, offered a Low -Income Energy Assistance Program session. Approximately 20 people participated in this program providing economic assistance with electric, gas or propane bills. On August 29, 2008, an article about Vista Dunes Courtyard Homes' LEED "Platinum" certification was featured in Priority Focus, published by the League of California Cities. The article detailed some of Vista Dunes' environmentally -friendly features, and also mentioned the City's "Green and Sustainable La Quinta" program. Staff has recently redesigned the business and animal license renewal notices to fit on one double -sided piece of paper. In addition to cutting the paper costs in half, the newly designed forms will now go through the folding machine and be automatically inserted into envelopes for mailing. The Finance Department double -sided the City of La Quinta Fiscal Year 2008/2009 Budget document and supporting document into one binder. The janitorial crew is continuing to keep black recycle paper bin contents in each office separate from large trash can contents. There are two Burrtec bins in our loading docks for recycle paper/cardboard and one green bin for all other trash. Staff and Imperial Irrigation District (IID) personnel were speakers at a monthly La Quinta Rotary Club meeting held at the Cliffhouse in the City of La Quinta. The Green and Sustainable La Quinta Program was presented featuring the energy and 231 water programs; sign-up lists for both programs were used to gather interested La Quinta residents. In order to increase visibility and participation in the City energy and water programs, staff and IID personnel plan to make presentations at future venues such as the La Quinta Chamber of Commerce, community workshops held at City Hall and interested homeowners, including an upcoming "Green" Community Workshop that will include City staff members and all of its "green" partners including CVWD, IID, Burrtec, and HF&H on December 4 from 4:00 p.m. to 8:00 p.m. Green Grant Opportunities On October 7, 2008, staff received approval to submit a project proposal for a Coachella Valley Air Quality (CVAQ) Enhancement grant for the Cooperative Landscape Water Development Program. The Colmac Air Quality Enhancement Fund was established through conditions of a settlement agreement resolving litigation between Colmac Energy, Inc. and Riverside County over the construction of a biomass energy plant near the unincorporated community of Mecca in the southern Coachella Valley, and can only be used for projects which enhance air quality within the Coachella Valley. City staff believes that the Cooperative Landscape Water Development Program helps enhance air quality within the Coachella Valley by replacing turf lawns with desert landscaping thus eliminating seasonal over seeding which is a major contributor to Particle Matter (PM) 10. Also, the usage of smart controllers for irrigation will result in reduced CVWD pump usage thus reducing electricity use which results in reduced greenhouse gas (GHG) emissions. If the grant is approved, the City will receive funds which would offset or expand the $50,000 cost or enhance the Cooperative Landscape Water Development Program, which is included in the Fiscal Year 2008-2009 Budget. Updates of Utility Programs During this past fiscal year, the City Council approved two cooperative programs with CVWD and IID: Partnership with CVWD The City Council approved a cooperative Landscape Water Management Program to develop a partnership with CVWD. The Council appropriated $50,000, which included the development of $25,000 in cost sharing with CVWD for landscape design and consulting services and $25,000 cost sharing with CVWD for the Smart Irrigation Controllers. 238 Included in the cooperative program with CVWD is the continuation and expansion of the City/CVWD Weather Based Irrigation program and a Cooperative Landscape Water Management program, which contains five main components including water management opportunities on City properties, in single-family homes, for homeowner association properties, on golf courses and public relations opportunities. Staff continues to meet and work with CVWD on a number of water conservation efforts, which to date include: • Working with Redevelopment Agency -owned homes in the Cove to install smart controllers; • Finalizing the design process for two "pilot" RDA funded landscape renovation projects; • The City and CVWD have completed the exhibits for the single family residential conversion program. Ron Gregory and Associates (RGA) were retained to prepare three typical design studies for single family residential homes. The exhibits will be available at the City Council meeting; • Two homeowners associations are interested in conversion projects; • Since February 2008, 145 smart irrigation controllers have been installed with a 26% water savings ; • The Village Police Station had a smart irrigation controller installed with a 48.5% water savings over the summer months; • Replacing irrigation controllers for City buildings; • Replacing turf with artificial turf and desertscape on Avenue 54; • Working with CVWD and Homeowner's Associations to recommend improvements to retention basins including reducing water consumption and use of turf, reducing over seeding, and using more efficient sprinkler heads; and • Working with CVWD and Community Services staff to investigate ways to make the Rainbird Maxi-Com System, which the City has installed in all City parks, more effective through such things as weather stations and daily system checks. The Large Landscape Program was approved by CVWD is a rebate program targeted at HOA's to encourage them to reduce their water consumption on large landscaped areas. The rebate is based upon the HOA's purchase of the controller. 239 and does not include installation costs. By participating in the program participants should save an average of 26% on their water bill while possibly saving 30% to 40% on their water consumption. This new program is a District -wide program (including funding) which targets large water users. At this time, four HOA's are in the audit or already making changes to existing landscape/irrigation designs. Staff met with CVWD to discuss the status of the joint water conservation program. During the meeting, the first landscape retrofit water program applications were reviewed. Homeowners who meet the criteria are eligible for up to a $1,000 rebate for work completed. Several homeowner associations are working with CVWD to have water consumption audits prepared and/or evaluating turf removal programs. RGA is being retained to prepare typical landscape plans and to assist in community meetings. CVWD reviewed the City Civic Center complex irrigation controller as part of the large customer smart controller program and determined that the existing irrigation controllers are state of the art computerized controllers. The City controllers are real time weather based and exceed CVWD requirements. As part of the City's Cooperative Landscape Water Management Program with CVWD, CVWD has been working on performing water consumption evaluations on golf courses with the City. So far, La Quinta Country Club, Mountain View, Hideaway, Tradition, Palmer, Nicklaus, Stadium, Norman, Trilogy, Rancho La Quinta and Quarry have initiated water audits. The purpose of the water consumption evaluations is to check irrigation systems and overall water use. CVWD will work with each facility to improve water efficiency. Partnershio with IID The City Council approved a cooperative partnership with IID which focuses on energy conservation and green house gas emissions reduction. City staff continues to meet with representatives from (IID) for their monthly City of La Quinta/Imperial Irrigation District Energy Partnership meetings. The Green and Sustainable La Quinta Program (GSLQ) is designed to support the retrofit of residential buildings that will save at least 10% of existing customers' energy consumption, meet higher efficiency standards, and allow customers to participate in IID's various energy efficiency programs. Participating customers will commit to a goal of energy use reductions through the programs and incentives outlined in this plan. Through these goals, the Partnership will be seeking to incrementally improve energy efficiency, reduce GHG emissions, and improve quality of life through behavior and energy usage pattern changes. The primary objective of the GSLQ is to achieve energy cost reductions through energy and demand savings measures. To achieve this goal, the Partnership will 240 recruit "key" customers and trade allies who are committed to implementing a variety of energy -saving measures. Most of the energy use in a typical residence is in the areas of cooling, lighting, water heating, and swimming pool pumping. Therefore, the GSLQ program will concentrate its energy efficiency efforts mainly for those end uses. There are a total of 23,662 residential customer accounts within the City of La Quinta boundaries served by IID that consume a total of 320,663 million kWh of energy, annually. Residential customers represent the largest energy user and the main reason why the program will focus on residential energy usage reductions. The GSLQ Program will: • Market the program and enroll eligible customers through targeted workshops for residential customers that will be marketed through influential customers, multi -family builders and property managers; • Perform technical assistance to support energy efficiency program requirements; • Provide technical training for municipal staff as needed; • Perform on -site residential audits to identify energy efficiency opportunities and applicable IID rebates; • Target energy use behavior changes through low cost or no cost energy savings opportunities; • Solicit for and receive a "Power Pledge" agreement from customers to proceed with the retrofits during workshops/targeted customer meeting; • Inspect projects for quality assurance once measures have been installed and work is completed. The GSLQ will be designed to provide customers with specific information about energy use behavior changes as well as technologies to assist customers economically reduce their energy consumption. Information can be delivered through educational materials, workshops, training, financing and consultations. Individualized technical assistance in the form of residential audits can take customers from the information gathering stage to implementation. IID incentives add to the attractiveness of being enrolled in the program, offering some compensation for an owner's significant up -front investment in time and resources necessary to accomplish energy -efficiency and cost reduction goals on the customer's project. 241 The following are the list of incentive programs available for GSLQ: • Low Income Energy Assistance; • High efficiency heat pumps; • Energy Star appliances; • Programmable thermostats; • Solar PV incentives; • CFL lighting. The City of La Quinta and IID Energy Partnership provides for an established foundation. This cooperative partnership, will work to create a program that is the best fit for the City of La Quinta residents, while at the same time, meeting City and IID regulatory goals. On October 1, 2008, the City received the final draft of the Energy Efficiency Feasibility and Green House Gas Emission Study (Study) from IID at the latest monthly City and IID meeting. This study focused on energy efficiency evaluation and recommendations for City owned buildings. The Study provided through the IID Energy Management Program provided the City of La Quinta with energy efficiency measure identification in the buildings audited and financial analysis of those Energy and Efficiency (EE) investments recommended for implementation. This energy efficiency feasibility report provides the City of La Quinta with all possibilities for energy efficiency improvements at four of their municipal buildings facilities, Public Library, Civic Center/ City Hall, Fire station # 70, and the Senior Center. At this time, City staff is evaluating the energy efficiency retrofit measures recommendations, associated costs, financing options and simple payback timeframes. This item will be scheduled for an upcoming City Council meeting. Waste and Recycling City staff continues to meet and work with Burrtec and HF&H with regard to waste management services. Burrtec has been a cooperative and valuable partner in providing City staff and HF&H with waste management data and providing quality customer service. HF&H has been instrumental in the implementation of AB 939 programs to ensure the City's compliance with the State's AB 939 mandate. City staff has worked with Burrtec and HF&H in the following areas: • On -going maintenance activities; • Implementation of the "Sharps" Safe Disposal Program. Residents receive three containers per year at no charge to safely dispose of needles, syringes, lancets, and other "sharps;" 242 • Reporting and other compliance activities, specifically with SB 1016 which changes the diversion rate calculation; • Review the diversion programs currently in -place and researching additional diversion and climate change programs for potential future implementation; • Publicity and public education coordination; • Recycling coordination at large venues and special events,. such as the La Quinta Arts Festival and Bob Hope Chrysler Classic; • Residential non -controlled medication collection program research; • Restaurant food waste program review; • Commercial recycling program; • Regional meetings attendance and reporting; • Franchise administration/contractor compliance; • Review of AB 939 and franchise fees; • Monitor construction and demolition debris diversion program; Educational Programs Attended by Staff City staff and officials have attended numerous "green" training sessions since the Council was last updated in July 2008. On June 18, 2008, two staff members and a Public Works staff member attended a full day transportation planning workshop in Riverside sponsored by the Inland Empire Chapter of the American Planning Association. The workshop involved presentations made by representatives from the Coachella Valley Association of Governments (CVAG) and the Western Regional Council of Governments and featured such topics as "Traffic Mitigation through Collaborative Efforts" and "Level of Service and Traffic Calming Strategies." On July 11, 2008, staff attended a Technical Review Workshop for Leadership in Energy and Environmental Design (LEED) New Construction and Major Renovations. This seminar is presented by the U.S. Green Building Council and is designed to assist individuals gain the knowledge needed to maximize commercial building performance, achieve LEED certification and take the LEED Professional Accreditation Exam. Some of the highlights of the seminar include: technical requirements, certification process, project case studies and strategies, green building costs and benefits, brief LEED Accreditation Exam review, and available tools and resources. In July 24, 2008, staff attended a Green Building 101 seminar. The half -day seminar was held in Palm Desert and was sponsored by the College of the Desert Center for Training and Development. The seminar provided a general overview of the LEED rating system, with most of the agenda focusing on the new construction program and its six point categories. In July 30, 2008, staff attended an AB 32 (California Global Warming Solutions Act) Workshop hosted by the Western Riverside Council of Governments 243 (WRCOG). AB 32 was passed in 2006 and establishes the first -ever comprehensive program for achieving reductions in greenhouse gases. Implementation of AB 32 establishes reporting rules for sources of greenhouse gases and requires the State to reduce greenhouse gas emissions to 1990 levels by the year 2020. The Bill will affect all local governments including many special districts such as water and power utility companies. The workshop provided an overview and summary of the bill and reviewed the Air Resources Board's Draft Scoping Plan and Draft Local Government Operations Protocol for identifying, reporting, and reducing greenhouses gases within a local, jurisdiction. Both documents are nearing completion and should be adopted and implemented by January 2009. On July 30, 2008, staff attended the Southern California Edison (SCE) Partnership Group information sharing meeting relating to energy efficiency partnerships. SCE created a venue that allowed them to bring all current and future partners together for a day of information sharing. Highlights of the meeting included an introduction of partnership team members, a review overall partnership plans for 2009-11 and specific directions for energy leader and institutional partnerships, discussion of opportunities for financing, and sharing information from existing SCE partners. The City partners with IID for energy needs and enjoys many of the same programs and benefits that SCE provides to their partners. The main difference between IID and SCE would be the SCE "Affinity Concept - Stepped Incentives Based on Performance" program. In this program, SCE offers a tiered system in which a partner begins as a Valued Partner, next is the Silver Affinity Level; then the Gold Affinity Level and finally the Platinum Affinity Level. The more a city experiences in energy savings, in terms of in cumulative kilowatts as a percentage of total city- wide energy use, the greater the benefits received by the city. On July 31, 2008, staff attended a South Coast Air Quality Management District (AQMD) Home Energy Management Technology Forum and Technical Roundtable Discussion. There were many speakers representing various industries each contributing their knowledge and expertise in the area of home energy management. Topics included California legislative mandates and Energy Action Plan, translating energy efficiency technologies into the home, home energy management by California's building industry, funding energy efficiency research and a few others. On August 26, 2008, Staff participated in "Sustainability and Climate Change: Community Strategies to Accelerate Action" webinar. The webinar provided an overview and analysis of key events happening at the global level and how they are impacting local community strategy, why the targets that stakeholders are expecting elected officials and civic staff to achieve are about to increase dramatically, detailed innovative best practices from communities around the world that are effectively tackling climate change and showed how cutting -edge tools like Visible Strategies' see -it' are being used by leading cities to engage citizens, report progress and accelerate positive community action. 244 On August 26, 2008, staff attended the CEQA and Climate Change Workshop, sponsored by The Local Government Commission and the State's Attorney General's Office. "The Urgency of Global Warming" as well as "Zero Emission Development and How to Achieve It" were two of the topics covered at this important environmental workshop. In addition, the County of San Bernardino and the Attorney General's Office discussed how cities should address Greenhouse Gas (GHG) emissions through their General Plan and Zoning Codes. "Green" Legislation AB 811 (Levine) Energy Efficiency Improvements: Contractual Assessments On July 21, 2008, the Governor signed into law AB 811, which became effective immediately as an emergency measure. The bill authorizes cities to establish a program to enter into contractual assessment agreements with property owners to finance the installation of distributed generation renewable energy sources or energy efficiency improvements that are permanently fixed to real property. Moreover, an AB 811 program allows cities to make a loan to property owners for the purchase and installation of such improvements. Property owners repay the loan through a contractual assessment on their property. The contractual assessments are collected on property owner's tax bills at the same time and in the same manner as property taxes. On August 5, 2008, staff provided City Council with additional information related to AB 811, addressing provisions related to implementing an energy efficiency improvements program. At that time, City Council directed staff to further examine the benefits of implementing such a program specifically addressing whether the cost of servicing the debt is less than the savings on a monthly basis and to contact IID to obtain further information. On October 7, 2008, staff returned to City Council to provide a more detailed update on AB 811. Staff asked IID personnel to determine the feasibility of implementing an energy efficiency improvements program for homeowners in the City. IID believes that implementing this type of program is viable and would present a great opportunity for all involved. Homeowners would be afforded the opportunity to upgrade their homes with improved energy efficient measures and in most cases offset the cost of those improvement measures with savings on their electricity bills. The City and IID would be in a greater position 'to meet AB 32 - California Global Warming Solutions Act requirements by reducing greenhouse gas (GHG) emissions to 1990 levels by the year 2020. IID personnel believe the greatest energy savings will be from the replacement of old heating, ventilation, and air conditioning (HVAC) units with high efficiency HVAC units. The program can take a variety of forms such as specializing in HVAC replacement only thereby providing a greater number of residents with the " 245 energy savings opportunities, to providing a comprehensive list of energy savings measures but limiting the number of residents able to apply for the loans due to funding limitations. On October 7, 2008, staff received direction from City Council to proceed with the development of a City of La Quinta Energy Efficiency Program (Program). Staff will work with III) personnel to develop the Program and return to City Council for presentation, modification and approval. Other important legislation affecting "green" activities are AB 32 (Nunez) Air pollution: greenhouse gases: California Global Warming Solutions Act of 2006 and SB 375 (Steinberg) Transportation Planning, Travel Demand Models, Sustainable Communities Strategy, Environmental Review. AB 32 requires the Air Resources Board (ARB) to develop regulations and market mechanisms to reduce California's greenhouse gas (GHG) emissions to their 1990 levels by 2020. Greenhouse gases such as carbon dioxide are widely believed to contribute to global warming and other forms of climate change. Mandatory caps on GHG emissions will begin in 2012 for significant GHG sources. The caps will be reduced over time to meet the 2020 goals. The act requires ARB to measure the greenhouse gas emissions of the industries it determines to be significant GHG sources. The act also gives the governor the ability to suspend the emissions caps and regulations for up to one year in case of an emergency or significant economic harm. The City will be required to fully address the GHG emissions and carbon footprint impact that future development in our community will have upon the environment. City staff members are still researching this as implementation of AB 32 is still evolving. To date, City staff members have attended a CEQA seminar dedicated to AB 32. SB 375 aligns transportation, housing and GHG emissions regional planning processes, provides incentives through CEQA streamlining for infill projects, and provides additional certainty for local governments that engage in planning processes that will result in reductions in GHG emissions. CONCLUSION The City has been very proactive in developing programs and training staff to ensure reduction in both costs and greenhouse gas emissions. Staff will continue to make significant efforts over this next fiscal year to meet the Council's expectations to protect the environment and maintain a "Green and Sustainable La Quinta." �211161 DEPARTMENT REPORT: 3_A fi�ix' • • UNCIUS a!(ar UPCOMING OCTOBER 21 NOVEMBER 4 1161T,11�.4ID3] NOVEMBER 18 NOVEMBER 25 DECEMBER 2 DECEMBER 16 JANUARY 6 CITY COUNCIL MEETING CITY COUNCIL MEETING ELECTION DAY CITY COUNCIL MEETING JOINT CITY COUNCIL/COMMISSION/ COMMITTEE/BOARD MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING 247 LA QUINTA CITY COUNCIL MONTHLY CALENDAR October 2008 I Monday Tuesday Wednesday Thursday Friday SaturdaySunday 1 2 3 4 September November 10:00 AM ALRC 12:00 PM Mayor's Lunch 'S M T IN T F S S M T IN T F S 1 2 3 4 5 6 1 7 8 9 10 11 12 13 2 3 4 5 6 7 8 14 15 16 17 18 19 20 9 10 11 12 13 14 15 21 22 23 24 25 26 27 16 17 18 19 20 21 22 28 29 30 23 24 25 26 27 28 29 30 5 6 7 8 9 10 11 3:00 PM City Council 9:00 AM RCTC. 11:00 AM CVCC-Sniff Meeting Henderson 12:00 PM Energy) 4:30 PM Investment Environs Sniff Advisory Board 12 13 14 15 16 17 18 Columbus Day 5:30 PM Community 7:00 PM Planning 10:30 AM Homelessness 3:00 PM Historic Preser- 9:00 AM CVA.Hmderson Services Commission Commission Cmte. vation Commssion 6:00 PM League. 12:00 PM HCRC-Osborne Henderson 19 20 21 22 23 24 25 10:00 AM Pub.Sfty-Kirk 3:00 PM City Council 12:00 PM Sunline,Adelph 9:00 AM LAFCO- 12:00 PM Transp-Kirk Meeting Henderson 26 27 28 29 30 31 10:30 AM RCTC Budget - 7:00 PM Planning Henderson Commission 6:00 PM Exec Cmte: Adolph Printed by Calendar Creator Plus on 10/15/2008 248 LA QUINTA CITY COUNCIL MONTHLY CALENDAR November 2008 Sunday.. ..Saturday 1 9:00 AM - 4:00 PM SJSR He. MnmbHro derson 2 3 4 5 6 7 8 3:00 PM City Council 10:00 AM ALRC Meeting Election Day 9 10 11 12 13 14 15 10:00 AM Pub. SHY Kirk 9:00 AM RCTG 9:30 AM Animal Campus. 12:00 PM T(ansp.Kirk IL Henderson Henderson 3:00 PM Mons. 4:30 PM Investment 11:00 AM CVCC-SMff Consversancy-Kirk Veterans Day Advisory Board 12:00 PM Energy) 5:30 PM Community CITY HALL CLOSED Env'aan: Sniff Services Commission 6:00 PM League. Henderson 16 1.7 18 19 20 21 22 3:00 PM City Council 10:30 AM Homelessness 3:00 PM Historic Preser- 9:00 AM CWHenders ar Meeting Cmte. vation Corrurvssion 12:00 PM HCRC-Osborne 23 24 25 26 27 28 29 10:30 AM RCTC Budget - Henderson 5110 PM Special City Council/Commission 12:00 PM Sunline-Adolph 4:00 PM J.Cochran Reg. 6:00 PM Exec Cents, Meeting Ahp-Osborne Adolph 7:00 PM Planning Comrission Thanksgiving Day Thanksgiving Holiday (City Hall CLOSED) (City Hall CLOSED) 30 October -. ' December S M T W T F S .'_ S M T W T F S - - - - - - -- --- -------- 6 ' 1 2 3 4 1 2 3 4 5 8 5 6 7 8 9 10 11 7 6 9 10 11 12 13 12 13 14 15 16 17 16 14 15 16 17 18 19 20 19 20 21 22 23 24 25 21 22 23 24 25 26 27 26 27 28 29 30 31 28 29 30 31 Printed by Calendar Creator Plus on 10/15/2008 249 LA QUINTA CITY COUNCIL MONTHLY CALENDAR December 2008 Sunday. . 1 2 3 4 5 6 3:00 PM City Council 10:00 AM ALBC 12:00 PM Mayor's Lunch Meeting 7 8 9 10 11 12 13 10:00 AM Pub. Shy -Kirk 7:00 PM Planning 9:00 AM BCTC- I1:00'AM CVCC-Sniff 12:00 PM Transp-Kirk Commission Henderson 12:00 PM Energy/ 5:30 PM Community 4:30 PM Investment Environs Sniff Services Commission Advisory Board 6:00 PM League. Henderson 14 15 16 17 18 19 20 3:00 PM City Council 10:30 AM Homelessness 3:00 PM Historic Preset. 9:00 AM CVA-Henderson Meeting Come. vation Commission 12:00 PM HCNFOsborne 21 22 23 24 25 26 27 10:30 AM HCTC Budget - Henderson 7:00 PM Planning Commission Christmas Eve (CITY Christmas Day - CITY HALL CLOSED 112 DAY) HALL CLOSED tat Day of Winter 28 29 30 31 6:00 PM Exec onto Adolph '� 1. November OB January 09 S M T W T F S S M T W T F S 1 1 2 3 New Years Eve (CITY HALL CLOSE0 112 OAYI 2 3 4 5 6 7 8 4 5 6 7 8 9 10 9 10 11 12 13 14 15 11 12 13 14 15 16 17 16 17 18 19 20 21 22 18 19 20 21 22 23 24 23 24 25 26 27 28 29 30 25 26 27 28 29 30 31 Printed by Calendar Creator Plus on 10/15/2008 250 DEPARTMENT REPORT: '/ cfwf ot 4 a" TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety �-� F . DATE: October 21, 2008 RE: Department Report — September, 2008 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of September. The statistical summaries depict the following highlights: • Year-to-date building permit valuation is $125,158,828 which represents an issuance of 175 building permits in September; • Animal Control handled 885 cases through September; • Code Compliance initiated 2601 cases through September; • Garage sale permits generated $1 140 in revenue during September. 251 It n ,1 O 6M yy O) ' �O Co- Ln ln� T 400 p M tD 1D 1l 01 tl) 100 .-I .ti 1D . : V) (d' W 1D N 1D O W iO 00 O) M )D 01 A YI W W O I- O n (M O N N I Ln Ln a` A A N V) N W! n O) I co N+ I, V! Vl .--i O rl V' W Lr ( W M l O W O W r, ! 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NUIU o p W UU o U .. o C J (nU o a F o F m U z (nU�Z o O W vi -j W =wo y M 410 z 3 > m 4==4a 255 s DEPARTMENT REPORT: 6- OF TO: Honorable Mayor and Members of the City Council FROM: Edie Hylton, Community Services Direct DATE: October 21, 2008 SUBJECT: Community Services Department Report for September 2008 Upcoming events of the Community Services Department for November 2008: Nov 3 *Ageless Action Aerobics (Morning Exercise) Nov 3 *Mat Pilates Nov 3 Jazzercise, Senior Center Nov 3 Tae Kwon Do, La Quinta High School Nov 3 Ballet/Jazz Combo, La Quinta High School Nov 3 Ballet Beginner, La Quinta High School Nov 4 Zumba, Senior Center Nov 4 *DIY w/Good Design (FREE Class) Nov 4 *Files & Folders Nov 4 *Digital Photo Nov 5 *Sketch & Draw Nov 5 **Story Time, Museum Nov 5 Nature Depot Walk with the Ancients, Museum Nov 5 Dispute Resolution Workshop, Senior Center Nov 6 *Watercolor Nov 6 *Internet Tour (FREE Class) Nov 6 Dance/Play/Pretend, La Quinta High School Nov 6 Ballet Beginner, La Quinta High School Nov 6 *Photo Editing 1 Nov 6 *Basic Computer Nov 7 *Dinner & Show Nov 7 *Chair Yoga (FREE Class) Nov 7 *Walk This Way (FREE Class) Nov 7 **First Friday, Museum Nov 10 *Hooked on Loops Nov 10 Computers Intermediate, Senior Center Nov 11 Savor A Taste Dining Tour, Cunard's Sandbar Nov 11 Veterans Tribute, Civic Center Campus ; 256 Nov 11 Guitar Beginner Nov 12 *Tap Technique Nov 12 Microsoft Excel, Senior Center Nov 13 *Word Processing Nov 13 *Photo Editing 2 Nov 14 *Bridge Beginning Part 2 Nov 14 **Brown Bag Lunch Series w/LQ Historical Society Nov 15 Trails Day, Bear Creek Trail Nov 17 Savor A Taste Dining Tour, The Falls La Quinta Nov 18 *Basic Internet Nov 18 *Yoga for Health Nov 18 *E-Mail Nov 18 *Arthritis Foundation Exercise Program Nov 18 *Tai Chi Intermediate Nov 18 *Dog Training Nov 18 *Therapeutic Yoga Nov 18 Body Sculpting, Senior Center Nov 18 Guitar Intermediate Nov 19 *Review the Basics Bridge Class Nov 19 *Conventions Bridge Class Nov 20 *Ballroom Dancing Nov 20 *Thanksgiving Luncheon *Senior Center class or activity **Museum class or activity Museum 257 Community Services Department Attendance Report for the Month of September 2008 Summary Sheet Program 2008 2007 Variance Sessions Per Month 2008 2007 Leisure Classes 145 93 52 77 46 Special Events' 114 338 -224 3 4 Adult Sports/ Fitness 963 712 251 44 40 Museum 68 0 68 6 0 Senior Center 902 827 75 81 73 Total 2,192 1,970 222 211 163 Museum Services Visitors - Adults 77 0 77 20 0 Visitors - Youth 10 0 10 20 0 Total 87 0 87 40 0 Senior Services Senior Center 338 296 42 20 24 Total 338 296 42 20 24 Sports User Groups La Quinta Park Use AYSO 1300 1200 100 6 14 So Cal Xtreme 15 0 15 4 0 Sports Complex PDLQ Football 230 0 2301 1 0 LQ Sports & Youth 120 120 0 20 8 Col. Paige School AYSO 350 450 -100 3 8 Facility/Park Rentals Senior Center Private Part 3001 500 -200 2 4 Church 3001 375 -75 41 5 Museum Meeting Room 60 0 60 1 0 Library Classroom 500 650 -150 10 13 Civic Center Private Part 150 0 150 3 0 Park Rentals La Quinta Park 60 300 -240 11 5 Fritz Burns Park ** 260 0 260 2 0 Total 3,645 3,595 50 57 57 Total Programs 6,262 6,861 401 328 244 Volunteer Hours Museum 1 1251 01 125 Senior Center 1 1521 247 -95 Total Volunteer Hours L 2771 2471 30 ' Special Events attendance number larger in 2007 due to Open Air Cinema last September. ** Includes La Quinta Boys & Girls Club's National Kids Day Out event on Sept. 20. 258 Community Services Program Report for September 2008 2008 2007 2008 2007 Participants Participants Variance Meetings Meetings Leisure Classes Zumba 26 20 6 13 12 Belly Dancing 11 15 4 3 2 Ballroom Dancing 9 16 -7 4 3 Elements - Beg. 4 0 4 1 0 Computers - Beg. 9 5 4 3 2 Microsoft Word 51 9 4 2 2 Photoshop Pro 3 5 -2 4 3 Guitar - Be . 15 8 7 2 4 Guitar - Rock N Blue 5 0 5 2 0 Dispute Resolution 3 0 3 2 0 Tae Kwon Do 9 4 5 12 12 Beuinnina Ballet 6 3 3 4 3 Dance, Play, & Pretend 8 81 0 4 3 Ballett Jazz 4 -6 71 0 7 4 0 Jazzercise 25 18 7 17 17 Totals 1451 1111 34 77 63 2nns 2007 2008 2007 Participants Participants Variance Meetings Meetings Special Events San Diego Padres Excursion 34 0 34 1 0 Georgia O'Keeffe Excursion 36 0 36 1 0 Terra Cotta Warriors Excursion 44 0 44 1 0 Totals 114 0 114 3 0 2008 2007 2008 2007 Participants Participants I Variance Meetings Meetin s Adult Sports & Fitness Open Gym Basketball 176 117 59 18 19 Fitness Center 787 375 412 261 22 Totals 921 471 44 41 2009 2007 2008 2007 Participants Participants Variance Meetings Meetings Museum Research Requests 4 0 4 4 0 Story Time 26 0 26 1 0 First Fdday 38 0 38 1 0 Totals 68 0 68 6 0 lCommunity Services Totals 1,290 6031 6871 130 104 259 Monthly Revenue Report for September 2008 Mnnthly Revenue _ Facility Rentals 2008 2007 Variance Libra $ 350.00 $ 630.00 $ 280.00 Museum $ 100.00 $ - $ 100.00 Senior Center $ 2,705.00 $ 3,230.00 $ 525.00 Parks $ 1,100.00 $ 280.00 $ 820.00 Sports Fields $ 1,104.00 $ 1,001.00 $ 103.00 Monthly Facility Revenue $ 5,359.00 $ 5,141.00 $ 218.00 Mnnfhly Revenue Museum $ 55.00 $ - $ 55.00 Senior Center * $ 8,829.00 $ 11,373.50 $ 2,544.50 Community Services ** $ 9,119.00 $ 11,881.00 $ 2,762.00 La Quinta Resident Cards $ 1,215.00 $ 1,275.00 $ 60.00 Fitness Cards $ 620.00 $ 825.00 $ 205.00 Total Revenue $ 19,838.00 $ 25,354.50 $ 5,516.50 Revenue Year to Date Facility Revenue $ 9,404.50 $ 19,453.00 $ 10,048.50 Museum $ 378.50 $ - $ 378.50 Senior Center $ 11,763.50 $ 15,818.00 $ 4,054.50 Community Services $ 20,941.00 $ 20,724.50 $ 216.50 La Quinta Resident Cards $ 2,865.00 $ 3,645.00 $ 780.00 Fitness Cards $ 2,200.00 $ 1,720.00 $ 480.00 Total Revenue to Date $ 47,552.50 1 $ 61,360.50 $ 13,808.00 * Revenue decrease is due to more free and low cost classes being offered compared to last year. ** Revenue is lower this year due to postponement of Fall Soccer League, which will now begin in January. 260 Senior Center Attendance Senior Center Program Report for September 2008 Participation Participation Variance Meetings Meetings 2008 2007 2008 2007 Senior Activities ACBL Bride 166 165 1 4 4 Bridge, Social/Party 351 251 100 16 12 Welcome Back Evening Dance 37 35 2 1 1 Monthly Birthday Party 35 35 0 1 1 Monthly Luncheon Fiesta 100 91 91 1 1 Movie Time 46 39 7 4 4 Senior Activity Total 735 616 119 27 23 Senior Leisure Classes Arts & Crafts Fabric Art 3 0 3 1 0 Exercise 20 41 -21 12 11 Golden Tones 32 25 7 4 3 Hooked on Loos 3 0 3 1 0 Intermediate On the Ball Training 3 0 3 4 0 Quilters 11 30 -19 3 3 Sketch & Draw 8 6 2 2 2 Tel Chi 18 6 12 13 4 Therapeutic Yoga 9 0 9 1 0 Ukulele Players 43 0 43 7 0 Watercolor 7 7 01 2 2 Yoga for Health 10 0 10 4 0 Senior Leisure Classes Total 167 115 52 54 25 TOTAL SENIOR PROGRAMS 902 731 171 81 48 Senior Services CAP Cool Center Program 30 0 301 10 0 FIND 175 135 1 5 4 Health Screenings (Joint -Posture & Balance) 7 4 31 1 1 HICAP 9 6 3 3 2 Homeowners/Renters 8 1 7 4 1 Legal Consultation 7 5 2 1 1 Mature Driver Training 9 19 -10 1 1 Notary Services 6 0 6 2 0 Seminars - September 4 33 0 33 4 0 FREE Class on the Ban Training: DIY 32 0 32 5 0 Volunteers 22 27 -5 n/a n/a TOTAL SENIOR SERVICES 338 197 101 20 10 SENIOR CENTER TOTAL 1240 928 2721 101 56 261 2008 2007 Variance Volunteer Hours Senior Center 15211 247 95 247 -95 _ Volunteer Total: 1521 Revenue _ Senior Center Revenue $8,829.00 $11,373.50-$2,544.50 Revenue Total: $8 829 00829 00$11,37_3.50-$2,544.50 ---- -- Sep-08`- — —T- -- ?62 Parks Activities Updates For September 2008 The arbors at Adams Park were repainted this month. The City of La Quinta is in the process of making improvements to Adams Park, which is one of the oldest parks in the City, constructed in 1994 along with Fritz Burns Park. The following improvements are scheduled to be completed: 1. The shade arbors will be repaired and painted. 2. The concrete will be repainted to the original pinwheel pattern from the water feature. 3. The water feature will be replaced with a misting station for easier maintenance and water conservation. 4. The grass islands between the sidewalk and the road along Adams Street will be replaced with desert plants and drip irrigation. This is part of a series of "Green Projects" that are being conducted throughout the City in partnership with the Coachella Valley Water District (CVWD) to improve citywide water efficiency and conservation. 5. A sand volleyball court will be built in the grass area north of the playgrounds. This amenity will add a new recreational feature to the park. The bronze relief map at the Cove Oasis was stolen this month as well as two more backflows from La Quinta Park. Thieves are stealing these items to sell the metal for recycling. Staff has met with the artist who made the original relief map and staff is considering where and when the replacement piece will be installed. A police report was filed and an insurance claim has been submitted for the bronze relief map. New benches and trash cans have been installed at Velasco Park. The park maintenance contractor installed new trees behind the benches to provide natural shade. The public works crew repainted the drinking fountain as a finishing touch to the overall appearance of the park. 263 Department Report: % a, °4 c&� 4 �icihtc/ OF TO: The Honorable Mayor and Members of the City Council FROM: Les Johnson, Planning DirectoK DATE: October 21, 2008 SUBJECT: Department Report for the Month of September 2008 Attached please find a copy of the Planning Department Report which outlines the current cases processed by staff for the month of September. PAMonthly Report Folder\2008\SEPTEMBER 2008.doc „ � 264 F- z Cw G M a a w 0 C7 _Z z z Q a F- 0 a w Cr F- Z w 2 F- m d w 0 OD 0 O N 0-1 m uj w CL w U) 0 z w F- o_ a m m U U) E w O U) w N Y 0 a N a U c a a a a a a a a a a a a a a a a a �++ o a� a) a) (D a) o 0a) m ; a� m a) (D 0a) m U x •° E Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y E Y Y Y Y Y Y Y Y Y Y Y Y Y Y �l U U O E E E E E E E E E a E E E E E E E w Z a .0 .0 Da.0a�.0.0aZ Q co a� > > > > > > > > > y > > > > > > > J C Cl. f/J y Vl y y y y y W M y y fA y w y y, a CID N O M. O O - O O N. N- N. 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Jonasson, Public Works Director/City Engineer DATE: October 21, 2008 SUBJECT: Public Works Department Report for September 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. Q4Ti othy . J nassblic Wo Dire or/City Engineer 267 Ho 0 o e o 0 0 0 o e o o O o e O O o 0 0 0 0 0 0 0 0 o e o e x} n o 0 0 0 0 0 0 0 0 0 o e e o o e o r4 dN OW fY dv N GW7W � m o 0 o e e z Y `iW3 ❑ J O O O M O O O O M O N (i N 00 O � N M �! 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Y Cl 4= Z 3 C .O ° . N O °' U O U a � a �a) E . N N Z + iO Z 0 co C'O m U O oa ° UO� N� °'N 3Uz ON a) O In N N o a d - +p+ O O. LO t L n O) U n7 a � M N n N a C U E Cl. E N -a 7 rn_> cn (D 7 3 0 •0 o E a L E ,� o �, m y C U L 0 yO a) E 0 YL o.N a y .(D 0�pa Q d O '0 (n O Z uj C 7> m O O C O O C w ) a) 0 O .O IYO U +@+ N ++ N C m'G C a) C a7 O) N •x N N L O. C •ti C O).� L � a N `p N N O a) Lam+ N U m> L E > Cn � I coco I ~ O co O O � co O O OD OD O O O .- I n I n I n 0 0 0 O N N O O � O O Ln I. O N N 00 H N CL F O N co3 O C > C _ O •y Q J ; � L C y N R C L m N . U m Q iu o O NE OD C 00 m 0 N d ^ 10 p ^ E d ^ 0 ,O a m o m a N Nd NGOC MONTHLY SUMMARY OF PUBLIC WORK TASKS MONTH OF: September, 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 53 111 0 10 174 1001 Pot Hole -Repair/Patching 7 20 0 1 28 1002 Crack/Joint-Repair 0 0 0 0 0 1003 Pavement Marking/Legends 0 0 0 0 0 1004 Pavement Marking/Striping 01 0 0 0 0 1005 Curb Painting 0 0 0 01 0 1006 Other Traffic Controls 0 19 0 1 20 1007 Curb & Gutter Repair/Const. 0 65 0 0 65 1008 Other Concrete Repairs/Const. 0 5 0 0 5 1009 Street Sign Install (New) 0 2 0 0 2 1010 Street Sign Repair/Maint 70 6 0 1 77 1011 Debris Removal 11 291 0 2 42 1012 Right of Way Maint. 20 61 73 01 154 1021 CLEAN Catch Basin Inlet/Outlet 6 5 0 0 11 1022 Rondo Channel OutleWault 3 0 0 0 3 1022A Desert Club OutletfVault 0 0 0 0 0 1023 S.D./ D.W./C.B. Repair/Maint. 0 16 0 9 25 1024 Gutter/Median Sand Removal 2 5 0 0 7 1025 Street Sweeping (Machine) 155 0 0 0 155 1026 Street Sweeping (Hand) 0 0 0 0 0 1027 Sidewalk/Bike Path Cleaning 0 0 0 0 0 1028 Dust Control 0 0 0 0 0 1029 Flood Control 0 1 0 0 1 1031 Parks/Retention Basins Inspection/Clean-L 2 10 68 0 80 1041 Irng/ Weeding, Shrubs & Tree Trimming 49 941 77 7 227 1051 1 Landscape/Irrigation Contract Managemen 0 0 38 16 54 1052 Lighting/Electrical Contract Management 0 0 0 13 13 1061 Small Tools Repair/Maint. 0 0 0 0 0 1062 Equipment Repair/Maint. 4 0 0 0 4 1063 Vehicle Repair Maint. 37 3 0 1 41 1081 Trash/Litter/Recycable Removal 0 7 0 0 7 1082 Vandalism Repairs 8 0 0 1 9 1083 Graffiti Removal 105 42 6 11 164 1084 Maint. Yard Building Maint. 22 1 0 0 23 1085 Seminars/Training 4 0 0 10 14 1086 Special Events 0 0 8 0 8 1087 Citizen Complaints/Requests 78 14 0 0 92 1088 Meeting 21 43 10 25 99 1089 Office (Phone, paper work, reports, Misc.) 27 29 8 44 108 SUBTOTAL 684 588 288 152 1712 1091 Over Time 16 16 2 0 34 1094 Jury Duty( 32 0 0 0 32 1095 Sick Leave 28 20 8 0 56 1096 Vacation 16 0 8 0 24 1097 Holiday 40 32 16 8 96 1098 Floating Holiday 0 0 0 0 0 1099 Worker Comp/ Bereavement 0 0 0 0 0 SUBTOTAL 1321 68 34 1 81 242 TOTAL HOURS 8161 6561 3221 60 1954 TOTAL MILES 33821 30841 17121 3531 8531 274 Department Report: u LA' U1, TA P@LICI Served by the Rverside County Sherifs Depart Police Department Monthly Report September -- 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.) 09/01 Monday (81) 1534 hours — Deputies Krachman and Rowley responded to the 50700 block of Calle Tampico regarding a reported suicide. A fifty-six year old female appeared to have died of an intentional overdose. Several suicide notes explaining her intentions and persons to notify were found at the scene. 1850 hours- Deputy Nakabayashi responded to the Wal-Mart store in reference to a subject being detained for shoplifting. Victor Estrada had entered the store and taken items without paying for them. Estrada was also found to be in possession of a small quantity of cocaine and drug paraphernalia. Estrada was arrested for burglary, possession of cocaine, possession of drug paraphernalia and booked into the Indio Jail. 09/02 Tuesday (101) 1130 hours — Deputies Russell and Scott responded to the 42100 block of Hwy. 11 I regarding an employee being detained for embezzlement. Monica Rodriquez was arrested for embezzlement and conspiracy. Rodriquez conspired with her brother Raul Rodriquez and her sister Anita Rodriquez to execute a series of thefts by taking items through the check stand operated by Monica Rodriquez without being scanned. Multiple thefts occurred over the past four months and an estimated $8,000.00 to ® $12,000.00 worth of merchandise was embezzled from the store. Anita Rodriquez and Raul Rodriquez were contacted by Deputies Russell and Scott in the 45100 block of Duquesne in the city of Indio. Both admitted to the thefts and were arrested for grand theft and conspiracy. All three suspects were transported to the Indio Jail and booked. 1228 hours — Traffic Deputy Covington responded to Washington Street and Highway I I I to investigate a major injury traffic collision. Once on scene, deputies learned Ricky Paxton had suffered a seizure while negotiating a left turn from northbound Washington Street, onto westbound Highway 111. A vehicle driving southbound on Washington Street collided with the front of Paxton's vehicle. No injuries were sustained as a result of the collision. Paxton was transported to the hospital for medical evaluation of her seizure activity. 2030 hours — SET Team Deputies served a property related search warrant in the 66900 block of Estrella Ave., Desert Hot Springs. Mindy Caudy, suspected of residing at the location was not present during the service. Candy has an arrest warrant for burglary and forgery. No physical evidence was located during the search. 09/03 Wednesday (102) 0515 hours —Deputies responded to a report of a commercial burglary in the 79700 block of Hwy 111. While the counter was unattended a male juvenile pushed opened the drive-thru window, manipulated the cash register and fled with approximately $150 in cash and coin. In his haste to escape, the suspect dropped some of the cash and coin in the parking lot. Videotape obtained showing the suspects actions. 0600 hours-- Deputies received a report of an unattended death in the 53600 block of Avenida Villa. An eighty year old male was found deceased in his bedroom by his wife, He had been bed -ridden during the past two years and had numerous ailments related to cancer. 276 1000 hours — Arrest Warrant @ 77876 Calle Sonora with in the City of La Quinta. Deputies Skoglund and ® Spier conducted a pedestrian check and contacted Sergio Zendejas in the 77800 block of Calle Sonora. Zendejas had an active felony vandalism warrant for his arrest. He was taken into custody and transported to the Indio Jail. 1134 hours — Deputy Berry conducted a bike stop at Eisenhower and Sinaloa. During a pat down search Deputy Berry located a pill bottle containing 125 valium pills. Robert Baker was arrested for possession of it controlled substance without a prescription. Baker was transported to the Indio Jail and booked. 2141 hours - Deputies received a call of a suspicious vehicle on Desert Fox driving without its' lights off. Deputy Bawdon located the vehicle, occupied by four males, at Desert Fox and Desert Rock. Subsequent investigation resulted in the arrest of two of the occupants for possession of marijuana. Mitchell Black was cited and released at the scene. A male juvenile from Indio, was cited and released to his mother, who also took possession of the Honda. The other two males were released. 09/04 Thursdav (99 No Significant Activity 09/05 Fridav (105 0055 hours — Deputies Ramsey and Sanchez responded to Fritz Burns Park, Avenida Bermudas and Avenue 52, regarding vandalism. Janitors discovered the lighting fixtures in the restrooms had been destroyed. 0244 hours — Deputy Anderson conducted and enforcement stop at Avenue 48 east of Washington St. Allison Durand was arrested and booked for driving while under the influence of alcohol. ® 0840 hours — Officers from the La Quinta Police Department responded to the mountain area just south of the La Quinta Cove reference a Search and Rescue. Officers searched the area and located a subject in distress on a mountain ledge. The Riverside County Sheriffs Department helicopter arrived and rescued Alex Espinosa Natividad who had suffered minor cuts and was treated on scene. His hiking partners, Patrick La Point and Maria Solares were also transported by the helicopter. 1845 hours- Deputy Stillings conducted at traffic enforcement stop at Calle Ensenada and Avenida Vallejo. A search of the vehicle led to locating a loaded 9mm, semi -automatic weapon under the driver's seat. The driver, Gilbert Lopez, was arrested for carrying a loaded firearm. Lopez was transported and booked into the Indio Jail for carrying a loaded firearm. 09/06 Saturdav (52 0228 hours- Deputy Stillings responded to the 52100 block of Avenida Navarro in reference to a report of a suspicious person in the area. A male juvenile was arrested for public intoxication at the location. He was transported to JFK hospital for a medical clearance and then booked into the Indio Juvenile Hall. 1642 hours- Deputy Fiebig arrested a female juvenile for shoplifting at the Wal Mart Super Center. The minor was issued a citation and released to her parents. 2059 hours — Deputy Anderson conducted a traffic enforcement stop at Avenida Bermudas and Calle Ensenada. Steven Sanchez was arrested and booked for driving while under the influence of alcohol. During the booking process at the Indio jail, 0.25 grams of cocaine was found in Sanchez' pants pocket and a felony charge of possessing Cocaine was added. • 277 09/07 Sunday (62) ® 0045 hours — Corporal Perez and Deputy Lopez conducted a vehicle stop at Avenue 54 and Jefferson. Rafael Cruz was arrested and booked for driving while under the influence. He also had one outstanding warrant for DUI out of Tulare County. 0048 hours — Deputy Anderson conducted a traffic stop at Washington St. north of Sagebrush. Gerald Antalik was arrested and booked at the jail for a D.U.I. warrant. 09/08 Monday (69) 0001 hours- Deputies responded to a report of a robbery of a pedestrian on Hwy 111 just west of Depot Drive. Demones Tennon walking eastbound on the shoulder of Hwy 111 when two male adults confronted him. One suspect displayed a weapon and demanded money. Both suspects fled on foot southbound through a construction site. The victim then walked to the Mobil Station at Jefferson and Hwy I 1 I and asked the clerk to call the police. 1222 hours — Deputy Abrego responded to Hwy. 1 I I and Washington regarding a suspicious person. Dustin Mark Hennick was found to have a warrant for DUI. Hennick was transported to the Indio Jail and booked for the warrant. 1454 hours: Deputies Trueblood and Knudson were conducting an area check at the La Quinta park located at Adams Street and Westward Ho Drive when they saw several juveniles congregating and apparently drinking alcohol. One juvenile fled the location on foot. Deputy Reynolds located the juvenile in the area of Westward Ho drive and Dune Palms and he was arrested for vandalism, assault on a peace officer, public intoxication and resisting arrest. He was booked at Indio Juvenile Hall. 09/09 Tuesday (111) • 0030 hours- Deputy Rodriguez conducted a traffic stop on Hwy 11 I east of Washington. Steven Acosta was arrested for driving under the influence. Acosta's car was towed and he was booked into the Indio Jail. 0055 hours — La Quinta SET Deputy Glasper arrested Sergio Sanchez and Antonio Rivera in the 52100 block of Ave. Navarro for public intoxication. Both were booked into Indio jail. 0238 hours- Deputy Bawdon conducted a traffic stop at Ave 48 and Dune Palms. The driver. Charles Myerscough, was arrested for DUI. Myerscough was booked into the Indio Jail. 1145 hours — Corporal Dale and Deputy Abrego conducted a vehicle check at Avenida Madero and Calle Sonora. Juan Garcia was found to have warrants for traffic and DUI. Garcia was cited and released at the scene. 1545 hours — Corporal Taylor and Deputy Rowley conducted a vehicle stop at Calle Hildago and Avenida Obregon. Peter Lafayette was found to be under the influence of a controlled substance. Lafayette was booked at the Indio Jail for being under the influence of methamphetamine. 09/10 Wednesday (110) No Significant Activity 09/11 Thursday (96) 0242 hours- Deputy Heredia responded to the 44900 block of Vista Dunes reference a TRO violation. The victim stated that Joshua Carbajal had entered her home unlawfully and sexually assaulted her An un- successful search for Carbajal was conducted. 278 1320 Hours —Deputy Feldman responded to a report of a burglary at Home Depot. Shane Profus had ® entered the store and used a small folding knife to cut open a package and remove the item contained. He then concealed the item on his person and walked out without paying for it. He was contacted by a Loss Prevention officer and detained. Profus was taken to the Indio Jail and booked for burglary. 1826 hours — La Quinta SET Corporal Morton and Deputy Oganeku arrested Joseph Skahall, for a felony narcotic warrant during a traffic stop at Simon Dr. and Hwy 111, La Quinta. Skahall was booked into the Indio jail. 1821 hours — Deputy Bloomquist conducted a vehicle enforcement stop at Avenue 48 and Jefferson. Cynthia Robinson was arrested and booked for driving while under the influence. 09/12 Fridav 015 0130 hours — Deputy Anderson conducted a vehicle enforcement stop at Eisenhower and Calle Montezuma Elsie Stevens was arrested and booked for driving while under the influence. 1944 hours- La Quinta SET Deputy Chancellor and Deputy Pittenger arrested a 14-year-old male for felony vandalism. La Quinta SET, following up on several reported vandalism cases reported throughout the city, developed information identifying the 14- year old as the primary suspect. Deputies contacted the suspect and he confessed to committing the crimes. He was arrested and booked into the Indio Juvenile Hall. 2140 hours — Deputy Illera responded to the 52300 block of Avenida Ramirez regarding a disturbance. Lucille Maldonado was arrested and booked for public intoxication. 09/13 Saturday (58) 1515 hours — Deputy Feldman responded to a report of shoplifting at Wal-Mart. DeputyFeldman contacted and arrested Yesenia Gonzalez Vega who had been detained until he arrived. Vega was transported to the Indio Jail and booked. 09/14 Sunday (45) 0340 hours — Deputy McAnallen conducted an enforcement stop at Eisenhower and Calle Durango. Joseph Hansford was arrested and booked for possession of methamphetamines and for driving while under the influence. 09/15 Monday (63) No Significant Activity 09/16 Tuesday (86) 0002 hours- Deputy Adams conducted a pedestrian check in front of the Circle K Store, located at 78364 Highway 111. Mark Lemmermann, was arrested for public intoxication. Lemmermann was transported and booked into the Indio Jail. 0751 hours — Deputies Vanderhoof and Borrego conducted a pedestrian check at Eisenhower and Washington. Javier Valenzuela was found to be in possession of Marijuana. Valenzuela was cited and released at the scene. 1904 hours- Deputy Illera responded to the 78800 block of Ave. 47 in reference to an unattended death. A seventy-five year old male, was found by his daughters who came to check on him since they had not heard ® from him for several days. The male had been under a doctor's care and no signs of foul play were evident 279 09/17 Wednesday (100) ® 1620 hours — La Quinta SET Deputy Hughes conducted a vehicle stop at Hwy 111, and La Quinta Center. Fernando Hernandez was arrested for a parolee at large warrant. Hernandez was booked into the Indio jail. 1800 hours — La Quinta SET Deputy Glasper and Deputy Lan conducted a pedestrian check in the 46200 block of Dune Palms and arrested Melbin Santiago for being under the influence. LA08261084 1853 hours — La Quinta SET Cpl. Morton conducted a vehicle stop at Ave. 48 and Adams St., and arrested Todd Myer for possession of butterfly knife, and an outstanding warrant. Myer was booked into the Indio jail. 2354 hours — Deputies Lopez and McAnallen conducted an enforcement stop at Caleo Bay and Lake La Quinta. Timothy R. Reeb was arrested and booked for driving while under the influence and being unlicensed. 09/18 Thursday (66) 1545 hours — Deputy Pereyda responded to Hwy. I I I and Adams regarding a report of an intoxicated subject. Tony Ausilio was contacted and found to be driving under the influence. Ausilio was transported to the Indio Jail and booked for DUI. 09/19 Fridav (85 1045 hours — Deputy Fiebig responded to a report of domestic violence in the 79800 block of SR 111. Melissa Rykschroch had assaulted her boyfriend and was arrested .for domestic violence. She was transported to the Indio Jail. ® 1445 hours — Deputy Fiebig conducted a pedestrian check at Desert Stream and Desert Air and contacted Zachary Torres. During his consensual encounter with Torres, dispatch advised that he had an active felony narcotics warrant for his arrest. He was taken into custody and transported to the Indio Jail for the booking process. 1942 hours — La Quinta SET Deputies Hughes and Lun responded to a domestic violence call in the 78200 block of Desert Falls. Ramiro Carlos Gerardo was arrested and booked on felony domestic violence charges. 09/20 Saturday (53) 0038 hours — Deputy Candelas responded to the area of Avenue 54 and Jeffersonfor a possible impaired driver. The vehicle could not be located at that time. At about 0052 hours, another witness called to report a head on traffic collision on Avenue 52 east of Washington Street. Deputy Candelas arrived and found a vehicle matching the impaired driver call had collided head on with a passenger vehicle. Hortencia Lugo was driving from Augustine Casino to her home in La Quinta and became confused. Lugo drove the wrong way on the divided roadway and collided with Heather Herring who sustained a broken clavicle. Lugo's injuries consisted of complaint of pain only. Both were transported to JFK for treatment. Lugo was issued a DMV Priority Re -exam Notice. 0315 hours — Deputy Nakabayashi conducted a pedestrian check in the 43600 block of Bordeaux. Andrew Martinez was arrested and booked for public intoxication. 0316 hours — Deputy Lopez and Corporal Perez responded to the area of Jefferson and Fred Waring near the Esplanade development regarding a disturbance. Two subjects were reported to be arguing in a parked vehicle. Dayna Lynn Jones was arrested and booked for driving while impaired. U 280 0730- Deputy Krachman responded to a disturbance at Varner Rd and Washington, in the county area of ® Palm Desert. The victim Isaw his stolen vehicle proceeding eastbound on Varner Rd. When the stolen vehicle stopped at a signal light, the victim jumped out of his vehicle and opened the driver door to his stolen vehicle and turned the ignition key off. The victim detained the female until police arrived. Arrested was Nicole Schneider for possession of stolen property. 1253-Deputy Feldman responded to a report of an assault with a deadly weapon in the 78600 block of Carnes Cir. Fred Perry said that he had been assaulted with a baseball bat when he walked out of his garage. Perry sustained minor injuries and said that he had no idea why he was assaulted. Perry's vehicle was also vandalized during the incident. 1259 hours- Deputy Kevin Barandes arrested Reina Figueroa, age 28 of Indio for shoplifting at Wal-Mart, located @ 79295 Hwy 111, La Quinta. Booked at Indio Jail. (LA08264023) (mt) 1750 hours — Deputy Fiebig responded to WalMart in reference of two shoplifters in custody. Alma Contreras and a 14-year-old female were cited and released for shoplifting. 2207 hours — Deputy Lopez and Corporal Perez responded to a non -injury traffic collision at Jefferson and Avenue 52. A vehicle southbound on Jefferson was unable to slow in time and collided with the Roundabout. Maryjo Cummiskey was arrested and booked for driving while under the influence. 09/21 Sunday (53) 1244 hours — Deputy Abrego responded to Highland Palms Drive and Washington Street reference a non - injury traffic collision. Deputy Abrego arrested Stacey Doss for driving under the influence. 1300 hours — Deputy Knudson responded to an alarm activation in the 52600 block of Avenida Juarez. He ® contacted William Gardner, an occupant of the residence, and arrested him for being under the influence of a controlled substance. Gardner was booked at the jail. 1330 hours — Corporal Taylor and Deputy Rowley responded to the 79700 block of Hwy. 111 regarding a shoplifter in custody. Alejandro Quinones Nunez was arrested for taking property from the store without attempting to pay for the item. Nunez was booked at the Indio Jail for shoplifting. 2335 hours- Deputies Adams, Illera, Nakabayashi, Garcia and Cpl. Espinoza responded to the 79100 block of Ocotillo Dr. in reference to a report of a suicide threat. A 26 year old male was found extremely intoxicated and was taken into custody and transported to JFK Memorial Hospital. An application for a 72 hour detention for evaluation and treatment was completed and submitted to JFK staff. 09/22 Monday (103) No Significant Activity 09/23 Tuesday 007) No Significant Activity 09/24 Wednesday Q 16) 0110 hours- Deputy Celaya conducted a traffic enforcement stop at Avenue 48 and Washington St. Fernando Arteche was arrested for an outstanding felony warrant for parole violation. Arteche was transported and booked into the Indio Jail. 2115 hours- Deputies Lun and Hughes responded to the 51000 block of Avenida Mendoza reference a Is warrant. disturbance investigation. Arrested was Luis Castaneda for an assault with a deadly weapon warrant. 281 09/25 Thursday (121) 0003 hours — DeputyBawdon responded to the Stater Bros grocery store regarding a report of a robbery. Two males used a baseball bat to break out the glass door on the west entry of the store and proceeded to the liquor section where they stole several bottles of liquor. Sgt. Hapner with the Indio Police called a few minutes later to relate a similar theft of alcohol at the Food 4 Less at Monroe and Highway 11 I in Indio and that they had five suspects detained. La Quinta deputies responded to Food 4 Less to assist and Omar Gonzalez and a seventeen -year -old juvenile were arrested and booked for robbery and commercial burglary. Rosemary Meraz was arrested and booked for being under the influence of a controlled substance. One suspect was released and Indio Police took Hector Alvarez into custody for possession of stolen property. La Quinta SET deputies went with Indio Police to the 46200 block of Arabia St. Apt. #A4 and conducted a consent search of Hector Alvarez's apartment. Additional stolen property was located from both La Quinta's crime and Indio Police Dept. crime. 1212 Hours — Deputies Wiggs and Dominguez, responded to Adams Street and Highway 11 I regarding a traffic collision. A juvenile pedestrian was attempting to flag the driver of a departing SunBus. The pedestrian, not wanting to miss boarding the bus, ran into oncoming traffic on Adams Street. A vehicle, driven by Gloria Pavlovic was unable to stop her vehicle and struck the pedestrian. The pedestrian sustained abrasions to the face and left hand and was transported to Desert Regional Medical Center. The pedestrian was later released from the hospital. The pedestrian was found at fault for the collision and a citation was issued. 2243 hours — Cpl. Morton responded to a battery call at Avenida Ramirez and Calle Colima. Arrested for battery was David Mendivil and a 17-year-old juvenile. Both were booked. 09/26 Friday (105) • 0031 hours — La Quinta SET Deputies Glasper and Rodriguez conducted a pedestrian check at Wal-Mart. Cesar Lara was arrested for possession of methamphetamine, being under the influence of a stimulant and possession of drug paraphernalia. Lara was booked into Indio jail. 0208 hours — Deputy Stillings conducted an occupied vehicle check in the Home Depot parking lot. Rocyo Pendleton was passed out in the driver's seat. She was slumped over, her foot was on the brake pedal, the engine was running and the lights were on. Pendleton was arrested and booked for driving while impaired. 1650 hours —Deputy Lopez responded to a report of trespassing at Applebee's Restaurant. Bryan Ellis had been asked to leave the location and he refused. He was also served with a restraining order. The manager signed the Private Persons Arrest form and Ellis was taken into custody for trespassing and committing a crime while out on bail. He was transported to the Indio Jail for the booking process. 2052 hours — Deputy Stillings responded to Kohl's Department store in reference to a reportof a theft. Jacqueline Gomez was arrested and booked for shoplifting. Two juveniles, 14 yrs and 17 yrs came in with Gomez but acted separately in stealing items. The juveniles were arrested and released to their parents. The two juveniles will also be charged for lying to a peace officer. 2340 hours — Corporal Perez conducted a traffic enforcement stop for a wrong -way driver at Avenue 52 and Jefferson. Barlow Gear was arrested and booked for driving while impaired. 09/27 Saturday (57) 0920 hours — Corporal Taylor conducted a vehicle stop at Eisenhower and Nogales. Fabian Mendez exited his vehicle and fled the area. Corporal Taylor located 480 grams of marijuana packaged for sale in the back seat of the vehicle. A search of the area was conducted with negative results. Deputies responded to ® Anthony's Trailer Park in Mecca where they were able to positively identify Mendez through his wife Angelica Renes, who lives at the residence. iA ® 0930 hours — Deputy Berry was involved in a complaint of pain traffic collision at the intersection of Calle Nogales and Avenida Martinez. Deputy Berry failed to safely cross the intersection and collided with a vehicle traveling eastbound on Calle Nogales. The driver Jaime Rios, complained of back pain and was transported to JFK hospital. Deputy Berry was unhurt in the accident. 1210 hours — Deputy Feldman responded to the 53100 block of Avenida Obregon regarding a domestic disturbance. Damian Joe Lopez was arrested after fleeing the residence. Deputy Feldman stopped the suspect at Avenida Montezuma and Avenida Velasco and placed Lopez under arrest for domestic battery, child endangerment and violation of probation. Lopez was transported to the Indo Jail and booked for the I isted charges. 1515 hours — Deputy Burgie conducted a pedestrian check and contacted Scott Monson. During this consensual encounter, Dep. Burgie located an active misdemeanor theft warrant for Monson's arrest. Scott was taken into custody and transported to the Indio Jail for the booking process. 1630 hours — Deputy Barandes responded to Wal-Mart in reference to a subject detained for shoplifting. Adid Morales had taken items and left the store without paying for them. Security detained her after she exited and they brought her back to the security office. Adid was transported to the Indio Jail for the booking process. 1715 hours- Deputy Burgie conducted a pedestrian check at Simon Dr., and Highway 111. Andrea Hoffman was arrested for an outstanding misdemeanor warrant for petty theft with priors. Hoffman was transported and booked into the Indio Jail. 1755 hours — Deputy Lopez conducted a traffic enforcement stop at Ocotillo Road and Adams Street. Melvin John Robey was arrested and booked for driving while impaired. 2223 hours — Deputy Knudson responded to an assault with a deadly weapon incident in the 53100 block of Avenida Carranza. A confrontation occurred at the Circle K store located on Calle Tampico and Avenida Bermudas. 09/28 Sundav (54 0033 hours — Deputy McAnallen conducted a traffic enforcement stop on Washington Street and Miles Avenue. Luis Bustillas was arrested and booked for driving while impaired. 0321 hours — Deputy Adams conducted a traffic enforcement stop on Highway I I I west of Washington Street. A female juvenile was arrested and booked for driving while impaired. 1130 hours — Deputies responded to a report of a robbery in the 78000 block of Highway 1 11. The victim was approached by Ruben Murillo Galindo who held an air soft hand gun to the victim's side and demanded his money and cellular telephone. Galindo fled southbound on Washington St. Deputy Trueblood located the vehicle and conducted a high risk traffic stop. With the assistance of additional deputies they detained Galindo, Alejandra Hernandez and Robert Lopez. Galindo was found to be in possession of the money. The handgun and cellular phone were found within the vehicle. All three were taken to the Indio Jail for the booking process. 2200 hours- Deputy Rowley conducted a traffic enforcement stop in the area of Tampico and Paloma and arrested Christopher Dorantes for two outstanding warrants. Dorantes was booked into the Indio Jail. 2230 hours- Deputies Glasper and Burgie conducted a pedestrian check at Avenida Bermudas and Avenida Montezuma. Matthew Sturm was arrested for possession of a controlled substance. Strum was transported and booked into the Indio Jail. • 283 09/29 Monday (101) ® 1335 hours — Deputy Vanderhoof responded to Walmart regarding a shoplifter in custody. Rosie Marie Trevino was found to have taken items from the store without attempting to pay for the merchandise. Trevino was transported to the Indio Jail and booked for shoplifting. 09/30 Tuesday (104) 0750 hours — Deputy Berry was involved in a complaint of pain traffic collision at Eisenhower and Calle Sinaloa. Deputy Berry was traveling N/B on Eisenhower when she failed to stop at the posted stop sign at the intersection. Deputy Berry struck a vehicle that entered the intersection W/B from Calle Sinaloa. The driver, Elvia Ferro complained of neck and back pain and was transported to JFK Hospital. Deputy Berry was not injured in the accident. 1240 hrs- Indio Station Investigations served a property crime related search warrant in the 2500 block of Farrell Dr, in the city of Palm Springs. Pursuant to an ongoing investigation, Inv Farwell was looking for suspects related to a bar code switching scheme that occurred at the LA Quinta Target Store on September 11, 2008. Investigators served the warrant and contacted the homeowner, Joanne Marjorie Risnes as well as two juveniles and a male adult. The male, Blair Jonathan, was wanted as a possible suspect in the bar code scheme. Information developed led them to the residence of Gary Read of Cathedral City. Risness was discovered to have two felony warrants for grand theft and forgery. She was arrested and transported for the warrants. Blair was released pending further investigation. Investigator Farwell made contact with Read and a search warrant was served. Significant evidence was located at the location which led to the arrest of Read on four counts of Commercial Burglary and four counts of Grand Theft. He was booked into Indio Jail. 1853 hours- Deputies responded to the area of Madison St. north of Avenue 54 in reference to a report of an assault with a deadly weapon. An off -duty investigator was walking south bound along the sidewalk when heard a subject shout an obscenity at him. When he turned to see who had done so, he saw a male adult leaning out the right front passenger's side window of a passing vehicle. The subject had a handgun and fired one gunshot in the direction of the officer who was not injured during this incident. Deputies searched the area for evidence with negativ results. 2002 hours- Deputy Rowley, responded to the area of Velasco and Aroba, reference a possible DUI driver. He located Richard Platfoot in control of the vehicle. Subsequent investigation resulted in Platfoot being arrested for DUI and booked into the Indio Jail. Total Calls for Service: 2,580 284 • E Deputy Adonis Glasper Deputy Tim White Deputy Jason Chancellor CITY OF LA QUINTA Special Enforcement Team September 2008 SET TEAM Supervising Sgt. Mark Hoyt Summary of ActIVItV Cpl. Randy Morton Deputy David Alexander Deputy Shaun Hughes I Type of Activity # of Incidents Type of ACtivi # of Incidents Programs 5 Weepons Recovered 0 Vehicle Checks/Stops 79 Arrest Warrants Served 16 Pedestrian Checks 45 Search Warrants 2 Follow-ups 30 Parole Searches 9 Citations Issued 63 Arrests/Filings 47 SIGNIFICANT ACTIVITY During September, SET deputies focused on bike patrol within the City of La Quinta. The focus of this activity was on aggressively addressing the problem areas where reports of suspicious activity were frequently received. As a result, numerous subjects were contacted, identified and arrested. Arrests were made for tresspassing, outstanding warrants and possession of controlled substances. SET deputies served a search warrant in Desert Hot Springs related to an ongoing graffiti investigation. The suspect was already in custody and additional evidence was located. SET deputies served a property related search warrant in Desert Hot Springs related to an ongoing burglary investigation. The suspect was not present at the location and a felony arrest warrant has been issued for her. No further evidence was located. SET deputies arrested a male juvenile for felony vandalism (graffiti). The suspect confessed. 285 Deputy Prezel CITY OF LA QUINTA Business District Deputy Report September 2008 Summary of Activity Type of Activity Number—� Business Management Contacts 10 Investigations 5 Suspects Arrested / Charged 3 SIGNIFICANT ACTIVITY During the month of September, I assisted in the selection and procurement of furniture and equipment for the La Quinta Police Commercial District Police Station. Over the past two months, we received several reports of suspicious individuals loitering and sleeping in the business district areas of La Quinta. I authored an enforcement program that targeted this problem. As a result, several individuals were arrested for theft related warrants and drug possession. I conducted a law enforcement presentation at a local elementary school in which I addressed the following: bicycle safety, helmet safety and "stranger danger." In addition, I demonstrated the operation and function of the Segway vehicle. STOW Muej E Deputy Kevin Moore La Quinta High School CITY OF LA QUINTA School Resource Officer Report September 2008 Summaty of Activity Type of Activity Number of Incidents Criminal Reports 20 Skate Park Citations 11 Arrests 2 District Attorney Filings 5 Y.A.T. Referral 12 Vehicle Checks 27 Pedestrian Checks 90 Follow -Up 3 Traffic Stops & Citations 46 Parking Citations 21 Business Checks 3 City Administration Citations 1 Contacted a female student at a LQHS football game who was heavily intoxicated. She was leased to an adult family friend and charges are pending. Arrested a student for possessing a knife on campus. He was taken to juvenile hall. School security officers detained a Summit H. S. student for being on campus without irmission. He had been warned about trespassing one week earlier. Charges were filed. Assisted in the search for a male student who had fought with a traffic officer after discarding arijuana and fleeing from officers. The student was apprehended and taken to juvenile hall. Arrested a male student for misdemeanor domestic violence against his girlfriend. He was coked into juvenile hall. Working in cooperation with other School Resource Officers, I have been working extra drol after school hours placing heavy emphasis at locations where students congregate. )ecial focus has been at parks, skate parks, school bus stops and business locations. I have been concentrating strong enforcement on jaywalking students through citations an effort to promote use of pedestrian crosswalks to prevent pedestrian versus vehicle 287 0 A La Quinta MS Franklin E.S.. Truman ES Adams ES CITY OF LA QUINTA School Resource Officer Report September 2008 Deputy Rebecca Smith Summary of Activity Type of Activity Number of Incidents Reports 11 Arrests 4 Traffic Stops 5 Business Checks 14 City Parks Area Checks 8 Vehicle Checks 6 Follow-up 7 Pedestrian Checks 14 Y.A.T. Referral 1 Parking Citations 1 Skate Park Citations 8 Traffic Citations 4 Charges were filed out of custody relating to two students involved in a fight. One student s referred to Y.A.T. for further action. Responded to numerous reports of theft occurring in the locker room. Investigation is itinuing in an attempt to locate evidence and identify a suspect. Working cooperatively with other School Resource Officers, I have been working overtime Its in the city focusing on juvenile activity and responding to juvenile related calls received a patrol response. Schools, parks, skate parks or any area where juveniles routinely ;emble are regularly monitored for enforcement or safety issues. Having suffered a work -related injury while on duty at the school, I was limited to "in -station" it duty for two weeks during the month of September. Deputies Burgie and Trueblood were signed to the schools during my absence. Deputy Trueblood investigated a report of a theft from the locker room and arrested two le students. Charges against the two students are still pending. Deputy Trueblood responded to an assault on campus, however, no charges were filed. 11 E U Deputy Thomas Hendry Summit H.S. Paige M.S. Horizon O.S. CITY OF LA QUINTA School Resource Officer Report September 2008 Summary of Activi Type of Activi Number of Incidents Reports 8 Arrests 3 Traffic Stops 7 Business Checks 6 Truant 0 Vehicle Checks 4 Pedestrian Checks g YAT Referral 1 I detected a strong odor of marijuana in a classroom at Summit H.S. I traced the odor to a male student. I escorted the student to the school security office where I conducted a search of the student. As I did so, the student became uncooperative and attempted to prevent the search. I located marijuana concealed in the students shoe. I arrested the student for possession of marijuana and resisting/delaying a peace officer in the performance of his duties. I investigated three reports of battery at Mitchell Paige M.S., one incident at Summit H.S. and one incident from La Quinta M.S. regarding a fight at a bus stop. Charges were filed against eight students and two students were referred to Y.A.T. I investigated a report from a 16 year old female student saying that she had received 28 harassing and threatening text messages and one voice mail from a 21 year old male. I contacted the suspect who admitted sending the messages but denied knowing the age of the female. Charges were filed out of custody against the male. I intervened in three cases where students were under treatment for emotional conditions and were acting in a troubling manner. One student ran away from school, a second made threatening remarks to others students and the third made suicidal comments. All three were transported to Oasis Mental Health for a 72 hour evaluation. „ 289 0 11 CITY OF LA QUINTA Community Service Officer Report September 2008 C.S.O. Artesia Diaz C.S.O. Tina Ayon C.S.O. Bridget Delaney (Traffic Services Officer) C.S.O. Lisa Land Summary of Activity Type of Activity Number of Incidents Burglary Investigations 9 Grand Theft Reports 2 PettyTheft Reports 3 Vandalism/Malicious Mischief Reports 14 Traffic Collision Response 24 Vehicle Code or Parking Citations 172 Abandoned Vehicles Tagged/WarningTagged/Warning 34 Towed Vehicles 1 Lost or Found Property Reports 3 Stolen Vehicle Report 4 Custodial / Non -Custodial Transport 30 Miscellaneous Calls 129 290 C Danese Maldonado Volunteer Coordinator CITY OF LA QUINTA Citizens On Patrol Community Policing Office Monthly Volunteer Report September 2008 Meet Your Volunteers -- Mildred Donley Mildred is our newest office volunteer and she greets everyone with a smile and a helpful attitude. Mildred's sense of community spirit is reflected in her volunteer work not only with the La Quinta Police Department but with the Chamber of Commerce as well as being active with the La Quinta Senior Center. Mildred is very familiar with police activity since her son is a former police officer and her grandson is currently serving as a member of the California Highway Patrol. Mildred is always helpful and available to fill in when needed. We hope that you will come by and meet Mildred one of these Monday mornings. Summary of Activity Community Policin Office Number I Citizens On Patrol Number Monthly Volunteer Hours 149 Community Events 2 Hours YTD 1,370 Business Checks 32 Hours 4/03 to Present 15,550 Traffic Control 0 CPO Monthly Visits 110 Courtesy Notifications 19 CPO YTD Visits 958 Miscellaneous Activity 13 CPO Visits 4/03 to Present 11,027 Neighborhood Patrol 0 Vacation Checks 39 Patrol Hours 60 YTD Patrol Hours 626 Hours 7/06 to Present 1 2,887 The established rate for value received for volunteers in the State of California is calculated at $16.24 per hour. The estimated YTD financial benefit to the La Quinta Police Department and the City of La Quinta totals: $32,415. Total savings: $299,416 291 n u CITY OF LA QUINTA Post 503 Explorer Report September 2008 Corporal Andy Gerrard Post 503 Members On Duty at the Jacqueline Cochran Air Show 503 members are receiving training in the following areas: (1). Bicycle Patrol (2). Crowd :rol (3). Traffic / Parking Direction (4). Lost and Found Children (5). Tactical Building / and Searches (6). Vehicle Stops (7). Patrol Procedures (8). Leadership Development Close Order Drill and Marching and (10). Physical Conditoning. at Explorers are scheduled to participate in three area events in the near future. They are: Jacqueline Cochran Air Show -- Nov. 1, 2008 (2). Veteran's Tribute at Chiriaco Summit -- 8, 2008 (3). National Date Festival -- Feb. 13 — 22, 2009. 503 Explorers routinely participate in patrol "Ride -A -Longs" with members of the La Quinta e Department and the Riverside County Sheriffs Department. As they do so, cadets are a first hand and practical look at a career in law enforcement. good school grades is important for Post 503 members. Explorers must maintain a ,n GPA of 3.0 / C to remain active in the Explorer program. Explorer Post 503 meetings are held on Wednesday evenings at the Indio Station of the Riverside County Sheriffs Office. (82-695 Dr. Carreon Blvd., Indio, CA 92201) For more information about the Police Explorer program, contact Corporal Andy Gerrard or Deputy Andy Martinez at 760-863-8990. 292 Department Report: C LA Ul TA P@LICE Served by the Wverside County Sherirs Depament Crime Statistics Summary August -- 2008 C Prepared for 0 293 PART I: 1 2 4 5 6 7 8 9 10 11 12 13 TRAFFIC CITY OF LA QUINTA Crime Comparison -- August CRIME August August YTD 2008 YTD 2007 2008 2007 AGGRAVATED ASSAULTS 4 3 36 39 BURGLARY 42 65 358 426 BURGLARY - VEHICLE 20 27 155 148 DOMESTIC VIOLENCE 15 12 112 88 HOMICIDE 0 0 1 1 NARCOTICS VIOLATIONS 14 27 136 197 ROBBERY 2 0 25 19 ROBBERY - CAR JACKING 0 0 0 2 SEX CRIME FELONY 2 4 26 21 SEX CRIME MISDEMEANOR 0 0 12 14 SIMPLE ASSAULTS 5 6 69 57 THEFT 62 70 494 546 VEHICLE THEFT 8 14 84 97 TRAFFIC CITATIONS 689 523 3,134 2,667 T/C NON -INJURY 21 20 210 256 DUI 23 12 110 112 T/C INJURY 7 5 52 58 T/C FATAL 0 1 1 2 CITY OF LA QUINTA DISPATCH INFORMATION -August 2008* TYPE OF CALL RESPONSE TIME (MINUTES) NUMBER OF INCIDENTS EMERGENCY 5.9 3 ROUTINE 1 9.69 1,240 * Data from Riverside Co. Sheriffs Department Data Warehouse, Average Response Time Report. 0 1.... 294 0 Crime Distribution Table % of Total Au -07 % of Total 1 AGGRAVATED ASSAULTS2.30% 3 1.32% 2 BURGLARY M42 24.14% 65 28.51% 3 BURGLARY - VEHICLE 11.49% 27 11.84% 4 DOMESTIC VIOLENCE 8.62% 12 5.26% 5 HOMICIDE 0 0.00% 0 0.00% 6 NARCOTICS VIOLATIONS 14 8.05% 27 11.84% 7 ROBBERY 2 1.15% 0 0.00% 8 ROBBERY - CAR JACKING 0 0.00% 0 0.00% 9 SEX CRIME FELONY 2 1.15% 4 1.75% 10 SEX CRIME MISDEMEANOR 0 0.00% 0 0.00% 11 SIMPLE ASSAULTS 5 2.87% 6 2.63% 12 THEFT 62 35.63% 70 30.70% 13 VEHICLE THEFT 8 4.60% 14 6.14% Total 174 97.70% 228 98.68% CITY OF LA QUINTA August 2008 Crnx Distribution 70 (32 60 50 42 40 30 20 15 14 20 8 10 0 0 0 0 a m m <o m <z z z �� yy v, 'A C] xn mm W >w rr] mX Cr >n Cb C D a r y d O z < 3 m m m m C D w 295 0 Month to Month Crime Comparison - August 80 70 65 70 62 60 50 ® August 2008 m August 2007 42 40 21 27 30 2014 10 00 L g 0 00 24 00 rl 0 a m >A Q xC > ra A C m <o SO men rF n_ x <z a oa m n aA O O� K m m K > m mx Ki �y mA a� A y yy --gym y m mx m _ � Year to Date Crime Comparison -August 600 49 500 ••296 Month to Month Traffic Activity Companson - August 800 700 600 500 ©August 2008 400 ®August 2007 300 200 100 0 TRAFFIC TIC NOW DUI TIC INJURY T/C FATAL CITATIONS INJURY 689 r, 523 21 20 23 12 7 5 0 1 Year to Date Traffic Activity Comparison -August 3,500 3,134 3,000 2667 2,500 2,000 a) TO 0 Y 1,500 1,000 500 --- 110 112 52 58 1 2 0 TRAFFIC T/CNON-INJURY DUI TIC INJURY T/CFATAL CITATIONS -� 297 Month to Month Calls for Service Comparison August 2008 © 08-Aug ® 07-Aug ••• °�- •• Total Non-Crunmal CrMnal Year to Date Calls for Service Comparison 25,000 20,000 19,352 18,*24 15,000 a YTD 2008 10,62010,703 m YTD 2007 10,0008,732 7,821 5,000 0 Total Non -Criminal Criminal 298 Department Report /D City of AC, Presented by: Dorian J. Cooley Battalion Chief John R. Hawkins Fire Chief Proudly serving the unincorporated areas of Riverside County and the Cities of: Banning Beaumont Calimesa Canyon Lake Coachella Desert Hot Springs Indian Wells Indio Lake Elsinore La Quinta Moreno Valley Palm Desert Perris Rancho Mirage Rubidoux CSD San Jacinto Temecula Board of Supervisors Bob Buster, District 1 John Tavaglione, District 2 Jeff Stone, District 3 Roy Wilson, District 4 Marion Ashley, District 5 RIVERSIDE COUNTY FIRE DEPARTMENT In cooperation with the California Department of Forestry and Fire Protection 210 West San Jacinto Avenue • Perris, California 92570 • (951) 940-6900 . Fax (951) 940-6910 October 12, 2008 Honorable Mayor Adolph and Members of the City Council City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Ref: Quarterly Report Attached please find the Fire Department Quarterly Report for the City of La Quinta for July I through September 30, 2008. The report depicts the following highlights: Riverside County Fire Department units responded to the following La Quinta Calls: • Medical Aids 449 • False Alarms 81 • Structure Fires 5 • Vegetation Fires 1 • Rescues (accidents, entrapments) 46 • Other Fires (vehicle, refuse, etc.) 14 • Public Service Assists 27 (Non -emergency assistance) • Fire Menace Standby 16 (Fuel spill, HazMat, gas leak etc.) It is interesting to note that overall total calls are on par with last year. However, as was noted last quarter, medical aids continue to increase in numbers, yet other call types are slightly down. These calls for medical assistance are currently 70% of our responses. This does not include rescue calls, such as vehicle accidents. Respectfully Submitted, John R. Hawkins County Fire Chief By. Dorian J. Cooley Battalion Chief 3)0 La Quinta City Fire Responses (quarter Totals ;al Responses ❑ False Alarms ❑ Structure Fire ❑ Vegetation Fires ❑ Rescues ❑ Other Fires ❑ Public Service Assists ❑ Fire Menace Standby July-08 August-08 September-08 Totals Medical Responses 134 155 160 449 False Alarms 30 28 23 81 Structure Fire 2 2 1 5 Vegetation Fires 0 0 1 1 Rescues 17 15 14 46 Other Fires 4 5 1 5 14 Public Service Assists 10 14 3 27 Fire Menace Standby 1 4 1 8 1 4 16 TOTALSI 201 1 227 1 211 1 639 301 450 400 350 300 250 200 150 100 50 0 La Quinta City Fire Responses Quarterly Totals Quarterly Comparisons 112008 02007 �1r Lo �d Goy 9`OI soG o 0 s Of�d 106/ T� ��N coo 2Jodd ��rdo toys ssrs 0611, Third Quarter 2008 2007 Medical Responses 449 387 False Alarms 81 90 Structure Fire 5 10 Vegetation Fires 1 0 Rescues 46 60 Other Fires 14 13 Public Service Assists 27 31 Fire Menace Standby 16 32 TOTALS 639 623 10/13/2008 . 302 t COUNCIL/RDA MEETING DATE: October 21, 2008 ITEM TITLE: Public Hearing to Consider Adoption of a Resolution and Ordinance for General Plan Amendment 2008-117 and Zone Change 2008-137, Approving a Change in Land Use and Zoning from Parks and Recreation to Tourist Commercial for a .32 Acre Parcel Located at the Southeast Corner of Washington Street and Miles Avenue. Applicant: City of La Quinta RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving General Plan Amendment 2008-1 17; Move to take up Ordinance No. _ by title and number only, and waive further reading. Move to introduce Ordinance No. _ on first reading, approving Zone Change 2008-137, to revise a .32 acre parcel on the La Quinta Zoning Map from Parks and Recreation (PR) to Tourist Commercial (TC). FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Centre Pointe project is an existing acre mixed -use development which was approved by the City Council in November of 2005. The project consists of the existing Homewood Suites Hotel, La Quinta Desert Villas, the new Pioneer Park, and the recently opened Applebees Restaurant. When completed, the Center Pointe Specific Plan will contain an additional future restaurant, future single and multi -family residences, and the Eisenhower Ambulatory Care Center complex currently under construction. A City monument sign was originally planned for construction on the subject .32 acre parcel located at the southeast corner of Miles Avenue and Washington Street. 303 Between the .32 acre corner parcel and the existing Homewood Suites Hotel is a .91 acre commercial parcel which is identified for use in the Centre Pointe Specific Plan for use as a future restaurant. Due to the smaller size of the .91 acre restaurant parcel, the Redevelopment Agency Board examined the possibility of combining the two parcels to provide for more development options. Since then, Hibachi Restaurants has negotiated a land purchase agreement with Centre Pointe Development involving the .91 acre commercial parcel located northwest of the Homewood Suites Hotel. During their meeting on May 20, 2008, the Redevelopment Agency Board approved a consent calendar item to enter into an Assignment and Assumption Agreement with Hibachi Restaurant to provide for the future transfer of the small corner parcel to the adjacent property. A development agreement with Hibachi Restaurant is currently being drafted and is anticipated to be brought forward for City Council approval sometime later this year. Project Request This proposal is to amend the General Plan land use designation and zoning of the corner .32 acre parcel from Parks and Recreation to Tourist Commercial (Attachment 1). This will allow the subject parcel to be merged with the adjacent parcel to the east, which is zoned Tourist Commercial, allowing for a larger footprint for the development of a future restaurant. California Environmental Quality Act Approval of the change in land use and zoning has been determined to be exempt under two provisions of the California Environmental Quality Act. Because the Redevelopment Agency -owned surplus parcel can not be developed in its current size, shape, and location, and because the change in land use and zoning facilitates the transfer of ownership through a future Development Agreement, the proposal qualifies for an exemption under Section 15312. Secondly, because the future parcel merger and development of a restaurant would qualify as an urban infill development, the proposal would be exempt under Section 15332. In addition, an environmental review for the entire Centre Point development was previously addressed under Environmental Assessment 2001-436 and an addendum under Environmental Assessment 2005-551. Planning Commission Action The Planning Commission considered the General Plan Amendment and Zone Change at its meeting on September 23, 2008 (Attachment 2). The Planning Commission 304 unanimously recommended approval of the General Plan Amendment and Rezoning to the City Council. FINDINGS AND ALTERNATIVES: Findings necessary to approve the General Plan Amendment and Zone Change are included in the attached resolution and ordinance. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving General Plan Amendment 2008-1 17. Take up Ordinance Number _, by title and number only and waive further reading. Introduce Ordinance No. _ on first reading approving Zone Change 2008-137; or 2. Do not approve the Resolution or Ordinance; or 3. Provide staff with alternative direction. Respectfulw)submitted, Planning Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Map of area proposed for GPA and Rezoning 2. Planning Commission Minutes from September 23, 2008 305 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF A GENERAL PLAN AMENDMENT, REVISING THE LA QUINTA GENERAL PLAN LAND USE MAP FROM PARKS AND RECREATION TO TOURIST COMMERCIAL FOR A .32 ACRE CITY PARCEL LOCATED AT THE SOUTHEAST CORNER OF WASHINGTON STREET AND MILES AVENUE. CASE NO.: GENERAL PLAN AMENDMENT 08-117 APPLICANT: CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California, did on the 21" of October, 2008, hold a duly noticed Public Hearing for a City -initiated request for an amendment to the City of La Quinta's General Plan, to change the General Plan land use designation of a .32 acre City -owned property from Parks and Recreation to Tourist Commercial, located at the southeast corner of Washington Street and Miles Avenue, on property more particularly described as: Lot "I" of Parcel Map 31116 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23rd of September, 2008, adopt Planning Commission Resolution 2008-027, recommending to the La Quinta City Council approval of General Plan Amendment 2008-117; and, WHEREAS, said General Plan Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63) in that the La Quinta Planning Department has reviewed the Amendment under the provisions of CEQA, and has determined that the Amendment is exempt pursuant to Sections 15312 and 15332 of the CEQA Guidelines; and WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on September 12, 2008 and again on October 10, 2008, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and 306 Resolution No. 2008- General Plan Amendment 2008.117 Centre Pointe Parcel October 21, 2008 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to justify approval of said General Plan Amendment: Finding A _ The project is consistent with the General Plan. The proposed General Plan Amendment is internally consistent with those goals, objectives and policies of the General Plan which are not being amended. The subject parcel has not been identified in the General Plan for use as a Primary or Secondary Gateway Treatment and the change in land use designation will not conflict with other goals, objectives and policies in the General Plan. Finding B _ Approval of the amendment will not create conditions materially detrimental to the public health, safety and general welfare. Approval of the proposed General Plan Amendment will not create conditions materially detrimental to public health, safety and general welfare in that the proposed change will not result in a substantial change to existing recreational space, will not result in the loss of existing wildlife habitat, nor will it have an effect on the conditions of the existing surrounding neighborhood due to the fact that the small corner property is a .32 acre urban infill parcel that does not contain wildlife habitat or usable or functional recreational space and because the Tourist Commercial land use is compatible with the surrounding area. Therefore, the proposed General Plan Amendment will have no effect on the health, safety, and welfare of the community or surrounding natural environment. Finding C _ The new designation is compatible with the land use designations on adjacent properties. The new land use is compatible and consistent with existing and surrounding land use and zoning designations. By designating the property as Tourist Commercial it will have a beneficial effect on the adjoining existing land uses in that it will be consistent with the adjacent existing Tourist Commercial designated properties and will facilitate the development of adjacent land uses identified in the Centre Pointe Specific Plan. Finding D _ The new land use designation is suitable and appropriate for the subject property. 307 Resolution No. 2008- General Plan Amendment 2008-117 Centre Pointe Parcel October 21, 2008 The new Tourist Commercial land use designation is suitable and appropriate for the subject property. The small corner property is located at a busy intersection that is better suited for Tourist Commercial use rather than as a City monument entry sign. Finding E _ Approval of the amendment is warranted because the situation and the general conditions of the property have changed since the existing designation was imposed. Approval of the new land use designation is warranted because the situation and the general conditions of the property have changed since the existing Parks and Recreation designation was imposed. The small corner property is located at a busy intersection and is adjacent to existing commercial developments containing a hotel and restaurants; therefore the property is appropriate and suitable for Tourist Commercial land use. The parcel will become developable when merged with the adjoining parcel and will be better suited with a land use designation of Tourist Commercial. Finding F _ The project is in conformance with the California Environmental Quality Act. The City has determined that the project is exempt from the provisions of the California Environmental Quality Act (CEQA) because the property is of a size, shape, and inaccessibility that makes it incapable of independent development or use, that the use of the property and adjacent properties have not changed since the time of purchase by the City of La Quinta Redevelopment Agency, and because the urban infill property does not have significant value for recreational use, open space, wildlife habitat, or other environmental purposes. The General Plan Amendment will enable the sale of this surplus property, and is therefore categorically exempt under Section 15312 of the California Environmental Quality Act. Additionally, any development of the subject .32 acre site facilitated by the proposed change in land use designation would be exempt from the California Environmental Quality Act as "In -Fill Development" per Section 15332, as the subject site is less then five acres and is substantially surrounded by urban uses. 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. 308 Resolution No. 2008- General Plan Amendment 2008-117 Centre Pointe Parcel October 21, 2008 2. That the City Council does hereby grant approval of the General Plan Amendment 2008-117 for the reasons set forth in this Resolution, as illustrated in the attached Exhibit 1. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 2151 day of October, 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (CITY SEAL) 309 Resolution No. 2008- General Plan Amendment 2008-117 Centre Pointe Parcel October 21, 2008 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 310 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING ZONE CHANGE 2008-137, A CHANGE OF ZONE FOR A .32 ACRE CITY PARCEL FROM PARKS AND RECREATION TO TOURIST COMMERCIAL, LOCATED AT THE SOUTHEAST CORNER OF WASHINGTON STREET AND MILES AVENUE. CASE NO.: ZONE CHANGE 08-137 APPLICANT: CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California, did on the 21" of October, 2008, hold a duly noticed Public Hearing for a City -initiated request for a change of zoning from Parks and Recreation to Tourist Commercial on a .32 acre City -owned property, located at the southeast corner of Washington Street and Miles Avenue, on property more particularly described as: Lot "I" of Parcel Map 31116 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23rd of September, 2008, hold a duly noticed Public Hearing to consider the same Change of Zone as identified above and recommended approval to the City Council; and WHEREAS, said Change of Zone has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63) in that the La Quinta Planning Department has reviewed the Zone Change under the provisions of CEQA, and has determined that the project is exempt pursuant to Sections 15312 and 15332 of the CEQA Guidelines; and WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on both September 12, 2008 and again on October 10 2008, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings to justify approval of said Change of Zone: Finding A - The project is consistent with the General Plan. 311 Ordinance No. 2008 Zone Change 2008-137 Centre Pointe Parcel October 21, 2008 The proposed Zone Change is consistent with the goals, objectives and policies of the general plan. The change in zoning will not conflict with the General Plan. Finding B _ The new designation is compatible and consistent with the Specific Plan. The proposed Zone Change is consistent with the land uses and policies of the Centre Pointe Specific Plan. The change in zoning will facilitate the development of a restaurant as identified in the specific plan. Finding C _ Approval of the amendment will not create conditions materially detrimental to the public health, safety and general welfare. Approval of the proposed Zone Change will not create conditions materially detrimental to public health, safety and general welfare in that the proposed change will not result in a substantial change or loss of existing recreational space, will not result in the loss of existing wildlife habitat, nor will it have an effect on the conditions of the existing surrounding neighborhood due to the fact that the small corner property is a .32 acre urban infill parcel that does not contain wildlife habitat or usable or functional recreational space and because the Tourist Commercial zoning designation is compatible with the surrounding area. Therefore, the proposed Zone Change will have no effect on the health, safety, and welfare of the community or surrounding natural environment. Finding D _ The new designation is compatible with the zoning on adjacent properties. The new Tourist Commercial zoning is compatible and consistent with existing and surrounding land uses, zoning designations, and the existing specific plan. By designating the property as Tourist Commercial it will have a beneficial effect on the adjoining zoning in that it will be consistent with the existing Tourist Commercial designation of the Centre Pointe commercial development. Finding E _ The new zoning designation is suitable and appropriate for the subject property. The small corner property is located at a busy intersection and is adjacent to existing commercial developments containing a hotel and restaurants; therefore the property is appropriate and suitable for a Tourist Commercial zoning designation. 312 Ordinance No. 2008 Zone Change 2008-137 Centre Pointe Parcel October 21, 2008 Findin�q F - Approval of the amendment is warranted because the situation and the general conditions of the property have substantially changed since the existing zoning was imposed. Approval of the zoning designation is warranted because the situation and the general conditions of the property have changed since the existing Parks and Recreation designation was imposed. The property will no longer be used for a City entry monument sign and is undevelopable in its current size, situation, and dimensions. As a result, the surplus property would be better suited to merge with the adjacent property, which has a land use designation of Tourist Commercial. Finding G - The project is in conformance with the California Environmental Quality Act. The City has determined that the project is exempt from the provisions of the California Environmental Quality Act (CEQA) because the property is of a size, shape, and inaccessibility that makes it incapable of independent development or use, that the use of the property and adjacent properties have not changed since the time of purchase by the City of La Quinta Redevelopment Agency, and because the urban infill property does not have significant value for recreational use, open space, wildlife habitat, or other environmental purposes. The Change of Zone will enable the sale of this surplus property, and is therefore categorically exempt under Section 15312 of the California Environmental Quality Act. Additionally, any development of the subject .32 acre site facilitated by the proposed change in land use designation would be exempt from the California Environmental Quality Act as "In -Fill Development" per Section 15332, as the subject site is less then five acres and is substantially surrounded by urban uses. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, that it does ordain as follows: SECTION 1. The official Zoning Map for the City of La Quinta is amended for a .32 acre City -owned property located at the southeast corner of Washington Street and Miles Avenue from Parks and Recreation to Tourist Commercial, as noted on Exhibit "A" attached hereto and made part of this Ordinance. SECTION 2. ENVIRONMENTAL. The Planning Department has determined that the Amendments to the Municipal Code are exempt pursuant to Section 15061(B)(3) of the Guidelines for Implementation of the California 313 Ordinance No. 2008 Zone Change 2008-137 Centre Pointe Parcel October 21, 2008 Environmental Quality Act. The Ordinance will not have a negative effect on the environment in that the urban infill property does not have significant value for recreational use, open space, wildlife habitat, or other environmental purposes. SECTION 3. EFFECTIVE DATE. This Ordinance shall take full force and effect and be in force 30 days after passage. SECTION 4. PUBLICATION. The City Clerk is directed to publish this Ordinance in the manner and in the time required by law. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 215t day of October, 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (CITY SEAL) •1 314 Ordinance No. 2008 Zone Change 2008-137 Centre Pointe Parcel October 21, 2008 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 315 ATTACHMENT 1 CD r r r M Q. (Q ►� N w O r O a ti r r i co C) a ti' 316 9 n LJt. 0 a5r,o9L , .4 SX. c N ch Q 0 a 0) O N C N L L W, 10.4 of c O y-+ co L U N i Id cn L ^cu LL M 317 ATTACHMENT 2 Planning Commission Minutes September 23, 2008 I uestlons, or public comment, Ghalrman A son closed the public participation portion of the meeting an ened the matter for Commission discussion. There was no further discussion, and it s moved and seconded by Commissioners Barrows/Quill to approve Resolution 2008-025 recommending approval of eral Plan Amendment 2008-114 as submitted. Unanimouslv proved. There was no her discussion, and it was moved and seconded by CommissipKers Barrows/Quill to approve Resolution 2008-026 nge 2008-134 as Unanimously approved. C. General Plan Amendment 2008-117 and Zone Change 2008-137; a request of the City of La Quinta for consideration of an amendment to the La Quinta General Plan and Zoning Map to revise the land use identification of a .32 acre parcel zoned Parks and Recreation to Tourist Commercial on the Official General Plan and Zoning Map, located southeast of the intersection of Washington Street and Miles Avenue. Chairman Alderson opened the public hearing and asked for the staff report. Principal Planner Andrew Mogensen presented the information contained in the staff report, a copy of which is on file in the Planning Department. Commissioner Weber asked if the Redevelopment Agency had already taken some action on this change. Staff replied the Redevelopment Agency was in the process of crafting a development agreement for a future restaurant on the adjacent parcel. This change of land use zoning would facilitate any future action which would of course be approved by the Commission and Council. Chairman Alderson asked if by combining these two pieces you would have a little over an acre of workable land for a restaurant. Staff replied that was correct. There being no further questions of staff, Chairman Alderson asked if there were any applicant representatives or comments. There being no applicant comments Chairman Alderson asked if there was any public comment. 318 P:\Reports - PC\2008\10-1408\Final-Minutes 9-23-08.doc Planning Commission Minutes September 23, 2008 Mr. John Corella, 79-785 Shadwell Circle, La Quinta, California, introduced himself and said he represented Hibachi restaurant and commented on the desirability of the location. There being no further questions, or public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. There was no further discussion, and it was moved and seconded by Commissioners Quill/Wilkinson to approve Resolution 2008-027 recommending approval of General Plan Amendment 2008-117 as submitted. Unanimously approved. There was no further discussion, and it was moved and seconded by Commissioners Quill/Wilkinson to approve Resolution 2008-028 recommending approval of Zone Change 2008-137 as submitted. Unanimously approved. D. f Hi hway One Eleven Partners, LLC for consideration of a sign program for the a are commercial retail development, located on the northeast c er of Highway 111 and Dune Palms Road. Planning Director informed the Commission the appli t had requested a continuance to the next meeting. Applicant is ine process of making changes to the sign plan. There being no further discussion, i was moved and seconded by Commissioners Quill /Barrows to co inue Sign Application 2008-1281 to October 14, 2008, as requeste Unanimously approved VI. BUSINESS ITEMS: None VII. CORRESPONDENCE AN VIII. COMMISSIONER A. Commi loner Quill Sept ber 16, 2008 n t Council report. [Q N MATERIAL: None gave a report on the City Council Meeting of Commissioner Weber is scheduled to present the provision of the Construction Reports and Schedules He said he had PAReports - PC\2008\10-14-08\Final-Minutes 9-23-08.doc 319 Titr^FsaR COUNCIL/RDA MEETING DATE: October 21, 2008 AGENDA CATEGORY: ITEM TITLE: Public Hearing to Consider Adoption of a BUSINESS SESSION: _ Resolution and Ordinance for General Plan Amendment CONSENT CALENDAR: 2008-1 14 and Zone Change 2008-134, Approving a Change in Land Use and Zoning for Three Existing STUDY SESSION: School Sites and a Community Facility. Applicant: City of La Quinta PUBLIC HEARING: RECOMMENDATION: Adopt a Resolution of the City Council approving General Plan Amendment 2008-1 14; Move to take up Ordinance No. _ by title and number only, and waive further reading. Move to introduce Ordinance No. _ on first reading, approving Zone Change 2008-134, to revise the zoning of three school sites and a community facility as illustrated in the attached exhibit. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: School districts are granted certain exemptions from local zoning and general plans under California Government Code Section 53094, including development review and adherence to local land use regulations. The Division of the State Architect oversees the planning and development of public school sites. In the past four years the Colonel Mitchell Paige Middle School, Horizon School, and Benjamin Franklin Elementary Schools were approved and developed with such actions occurring independent of City review. The Mitchell Paige Middle School was developed on property designated for Office Commercial, the Horizon School was developed on land designated for High - Density Residential, and the Benjamin Franklin Elementary school is located on property 320 designated Village Commercial. The northern portion of the City of La Quinta's Public Works Yard and adjacent parking lot along Avenue 52 are currently zoned Parks and Recreation. The southerly portion of the Public Works Yard and adjacent Riverside Fire Department Station No. 32 located at the end of Francis Hack Lane are currently zoned for Major Community Facilities (MC). The City of La Quinta and Riverside County Fire Department are planning to relocate Fire Station No. 32 to the nearby intersection of Desert Club Drive and Avenue 52 in the future to improve service and access, and due to size limitations and the age of the existing fire station. In addition, the City of La Quinta is proposing two phases of improvements to the Public Works Yard. Project Request The purpose of these amendments is to bring the La Quinta General Plan and Zoning land use designations of existing school and public facility sites into consistency with their current and intended future use as sites serving the community's educational, safety, and recreational needs. Section 9.70.090 of the Zoning Ordinance identifies Major Community Facilities (MC) zoning for public schools, government offices, fire and police stations, post offices, libraries, community centers, corporate yards, and similar uses. All of the four sites proposed (Attachment 1) for the General Plan land use amendment and rezoning are developed and functioning as Major Community Facilities but do not have the MC zoning designation. Area "A" The Colonel Mitchell Paige Middle School is a 24.6 acre, developed school site located at the southeast corner of Palm Royale Drive and Washington Street. The proposed amendments will change the General Plan designation from Office Commercial (0) to Major Community Facilities (MC) and the Zoning designation from Office Commercial (CO) to Major Community Facilities (MC). The Mitchell Paige Middle School was developed and opened for its first school season last year. Area "B" The Horizon School is located at the southeast corner of Darby Road and Palm Royale Drive, is 10.3 acres in size, was recently constructed and is now operating as an alternative school facility. The proposed amendments will change the General Plan designation from High -Density Residential (HDR) to Major Community Facilities (MC) and the Zoning designation from High Density Residential (RH) to Major Community Facilities (MC). 321 Area "C" The 12.7 acre Benjamin Franklin Elementary School site is located at the northeast corner of Calle Tampico and Eisenhower Drive. The Franklin school is developed and operational. The proposed amendments will change the General Plan designation from Village Commercial (VC) to Major Community Facilities (MC) and the Zoning designation from Village Commercial (VC) to Major Community Facilities (MC). Area "D" Site "D" is a 2.5± acre site located to the east of Fritz Burns Community Park consisting of the northern portion of the Public Works Yard and a parking area along the south side of Avenue 52 at the end of Desert Club Drive. This parking area currently contains some temporary trailers which were once used for the City's day camp and museum artifact storage. These temporary trailers are no longer used and have been scheduled for removal later this year. Riverside County Fire Station No. 32 is being proposed for relocation from the existing station at the south end of the subject area to the north end along the south side of Avenue 52 at the intersection of Desert Club Drive. The existing fire station is located on a small adjacent parcel zoned Major Community Facilities (MC) at the end of Francis Hack Lane. The proposed amendments will change the General Plan designation for this area from Parks and Recreation (P) to Major Community Facilities (MC) and the Zoning designation from Parks and Recreation (PR) to Major Community Facilities (MC). California Environmental Quality Act The proposed project is exempt under CEQA because all four sites are fully developed and are functioning as Major Community Facilities and because the General Plan amendment and rezoning would not result in any changes to the land uses. CEQA only applies to projects which could possibly have a significant effect on the environment and the proposed change in land use has been determined to have no effect. Planning Commission Action The Planning Commission considered the General Plan Amendment and Zone Change at its meeting on September 23, 2008 (Attachment 2). The Commissioners recognized that the proposed amendments are "house-cleaning and after -the -fact," and that the future development of a fire station and improvements to be made to the Public Works Yard would be discussed at a later time. The Planning Commission unanimously recommended approval of the General Plan Amendment and Rezoning to the City Council. 322 FINDINGS AND ALTERNATIVES• Findings necessary to approve the General Plan Amendment and Zone Change are included in the attached resolution and ordinance. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving General Plan Amendment 2008-1 14. Take up Ordinance Number _, by title and number only and waive further reading. Introduce Ordinance No. _ on first reading approving Zone Change 2008-134; or 2. Do not approve the Resolution or Ordinance; or 3. Provide staff with alternative direction. Respectfully 4mitted, John on ning Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Map of those areas proposed for GPA and Rezoning 2. Planning Commission Minutes from September 23, 2008 •1 323 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF GENERAL PLAN AMENDMENT 2008-114, FOR A CHANGE IN LAND USE DESIGNATIONS FOR AREAS IDENTIFIED AS AREA "A", AREA "B", AREA "C", AND AREA "D". CASE NO.: GENERAL PLAN AMENDMENT 08-114 APPLICANT: CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California, did on the 2151 of October, 2008, hold a duly noticed Public Hearing for a City -initiated request for an amendment to the City of La Quinta's General Plan, to change the General Plan land use designation of the following areas: AREA A: A 24.64 ACRE SITE IDENTIFIED AS THE COLONEL MITCHELL PAIGE MIDDLE SCHOOL, MORE PARTICULARLY DESCRIBED AS PARCEL 1 OF PARCEL MAP 30721 AREA B: A 10.33 ACRE SITE IDENTIFIED AS THE HORIZON SCHOOL, MORE PARTICULARLY DESCRIBED AS REMAINDER PARCEL OF PARCEL MAP 27131 AREA C: A 12.74 ACRE SITE IDENTIFIED AS THE BENJAMIN FRANKLIN ELEMENTARY SCHOOL, MORE PARTICULARLY DESCRIBED AS PARCEL 1 OF PARCEL MAP 30721 AREA D: A 2.5 ± ACRE SITE IDENTIFIED AS THE NORTHERLY PORTION OF THE CITY OF LA QUINTA PUBLIC WORKS YARD AND PARKING LOT, GENERALLY DESCRIBED AS THE EASTERN HALF OF PARCEL MAP 19203 AND AN ADJACENT 9000 SQUARE FOOT CITY -OWNED PARCEL LOCATED IN A PORTION OF THE SW'A OF SECTION 6, T6S, R7E, S.B.M WHEREAS, said General Plan Amendment under consideration will change the areas' land use designations as follows: AREA A: from Office Commercial (0) to Major Community Facilities (MC) AREA B: from High -Density Residential (HDR) to Major Community Facilities (MC) 324 Resolution No. 2008- General Plan Amendment 2008-114 Schools / Major Community Facilities October 21, 2008 Page 2 of 5 AREA C: from Village Commercial (VC) to Major Community Facilities (MC) AREA D: from Parks and Recreation (P) to Major Community Facilities (MC) WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23rd of September, 2008, adopt Planning Commission Resolution 2008-025, recommending to the La Quinta City Council approval of General Plan Amendment 2008-114; and, WHEREAS, said General Plan Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63) in that the La Quinta Planning Department has reviewed the Amendment under the provisions of CEQA, and has determined that the Amendment is exempt pursuant to Sections 15061(b)(3) and Section 15305 of the CEQA Guidelines; and WHEREAS, the Planning Department published a city-wide public hearing notice in The Desert Sun newspaper on September 12, 2008 and again on October 10, 2008, as prescribed by the Municipal Code. Public hearing notices were also posted on bulletin boards at City Hall, on the City of La Quinta's website, at the Village Post Office, and at the 111 La Quinta Shopping Center; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to justify approval of said General Plan Amendment: Finding A - The project is consistent with the General Plan. The proposed General Plan Amendment is internally consistent with those goals, objectives and policies of the General Plan which are not being amended. The purpose of the change in land use designations is to bring the existing public facilities into conformance with the appropriate land use designations. Finding B - Approval of the amendment will not create conditions materially detrimental to the public health, safety and general welfare. 325 Resolution No. 2008- General Plan Amendment 2008-114 Schools / Major Community Facilities October 21, 2008 Page 3 of 5 Approval of the proposed General Plan Amendment will not create conditions materially detrimental to public health, safety and general welfare in that the proposed change will not result in a substantial change to existing recreational areas, will not result in the loss of existing wildlife habitat, nor will it have an effect on the conditions of the existing surrounding neighborhoods due to the fact that all of the subject properties have already been developed as community facilities. The proposed General Plan Amendment will not result in any changed conditions and will therefore have no effect on the health, safety, and welfare of the community or surrounding natural environment. Finding C - The new designation is compatible with the land use designations on adjacent properties. The current land uses are not compatible with the General Plan. This General Plan Amendment will bring the properties into conformance with the General Plan and will have no effect on adjacent existing land uses because the properties have already been fully developed as community facilities. Finding D - The new land use designation is suitable and appropriate for the subject property. The new land use designations are suitable and appropriate for the subject properties, as they are all public facilities utilized for education, public services, and public safety. The properties have been previously developed as community facilities such as schools and public service facilities. Finding E - Approval of the amendment is warranted because the situation and the general conditions of the property have substantially changed since the existing designation was imposed. Approval of the new land use designations is warranted because the existing land use designations are either not in conformance with the current General Plan land use designations or are better suited to a change in designation to Major Community Facilities over their current designations. School sites and public facilities are identified in the General Plan to have a Major Community Facilities land use designation. Finding F - The project is in conformance with the California Environmental Quality Act. 326 Resolution No. 2008- General Plan Amendment 2008-114 Schools / Major Community Facilities October 21, 2008 Page 4 of 5 The City has determined that the project is exempt from the provisions of the California Environmental Quality Act (CEQA) because the public facilities are already constructed and the change in land use designation is consistent and appropriate for the public facilities. No physical change to the environment will occur as a result of the General Plan Amendment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case. 2. That the City Council does hereby grant approval of the General Plan Amendment 2008-114 for the reasons set forth in this Resolution, as illustrated in the attached Exhibit 1. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 21" day of October, 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California DON ADOLPH, Mayor City of La Quinta California .. 327 Resolution No. 2008- General Plan Amendment 2008-114 Schools / Major Community Facilities October 21, 2008 Page 5 of 5 (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 328 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING ZONE CHANGE 2008-134, A CHANGE OF ZONE FOR AREAS IDENTIFIED AS AREA "A", AREA "B", AREA "C", AND AREA "D". CASE NO.: ZONE CHANGE 08-134 APPLICANT: CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California, did on the 21" of October, 2008, hold a duly noticed Public Hearing for a City -initiated request for a change of zoning for the following areas: AREA A: A 24.64 ACRE SITE IDENTIFIED AS THE COLONEL MITCHELL PAIGE MIDDLE SCHOOL, MORE PARTICULARLY DESCRIBED AS PARCEL 1 OF PARCEL MAP 30721 AREA B: A 10.33 ACRE SITE IDENTIFIED AS THE HORIZON SCHOOL, MORE PARTICULARLY DESCRIBED AS REMAINDER PARCEL OF PARCEL MAP 27131 AREA C: A 12.74 ACRE SITE IDENTIFIED AS THE BENJAMIN FRANKLIN ELEMENTARY SCHOOL, MORE PARTICULARLY DESCRIBED AS PARCEL 1 OF PARCEL MAP 30721 AREA D: A 2.5± ACRE SITE IDENTIFIED AS THE NORTHERLY PORTION OF THE CITY OF LA QUINTA PUBLIC WORKS YARD AND PARKING LOT, GENERALLY DESCRIBED AS THE EASTERN HALF OF PARCEL MAP 19203 AND AN ADJACENT 9000 SQUARE FOOT CITY -OWNED PARCEL LOCATED IN A PORTION OF THE SW%4 OF SECTION 6, T6S, R7E, S.B.M WHEREAS, said Change of Zone will change the areas land use designations as follows: AREA A: from Office Commercial (CO) to Major Community Facilities (MC) AREA B: from High -Density Residential (RH) to Major Community Facilities (MC) AREA C: from Village Commercial (VC) to Major Community Facilities (MC) 329 Ordinance No. 2008- Zone Change 2008-134 School Sites and Public Works Yard October 21, 2008 Page 2 of 5 AREA D: from Parks and Recreation (PR) to Major Community Facilities (MC) WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23rtl of September, 2008, adopt Planning Commission Resolution 2008-028, recommending to the La Quinta City Council approval of Zone Change 2008-134;and, WHEREAS, said Zone Change has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63) in that the La Quinta Planning Department has reviewed the Change of Zoning under the provisions of CEQA, and has determined that the Amendment is exempt pursuant to Section 15O61(b)(3) and Section 15305 of the CEQA Guidelines; and WHEREAS, the Planning Department published a city-wide public hearing notice in The Desert Sun newspaper on both September 12, 2008 and again on October 10, 2008, as prescribed by the Municipal Code. Public hearing notices were also posted on bulletin boards at City Hall, on the City of La Quinta's website, at the Village Post Office, and at the 111 La Quinta Shopping Center; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings to justify approval of said Change of Zone: Finding A - The project is consistent with the General Plan. The proposed Change of Zoning is internally consistent with those goals, objectives and policies of the General Plan which are not being amended. The purpose of the Zone Change is to bring the existing public facility uses, General Plan land use designations, and zoning into conformity. Finding B - Approval of the amendment will not create conditions materially detrimental to the public health, safety and general welfare. Approval of the proposed Zone Change will not create conditions materially detrimental to the public health, safety, and general welfare in that the proposed changes will not result in a substantial change to existing recreational or open space, will not result in the loss of existing wildlife habitat, nor will they have an 330 Ordinance No. 2008- Zone Change 2008-134 School Sites and Public Works Yard October 21, 2008 Page 3 of 5 effect on the conditions of the existing surrounding neighborhoods due to the fact that all of the subject properties have already been developed as community facilities. The proposed Change of Zoning will not result in any changed conditions and will therefore have no effect on the health, safety, and welfare of the community or surrounding natural environment. Finding C - The new designation is compatible with the zoning on adjacent properties. The current land uses of the subject properties are not consistent with their existing Zoning designations. The Zone Change will have no effect on adjacent existing land uses because the properties have already been fully developed as community facilities. Finding D - The new zoning designation is suitable and appropriate for the subject property. The new zoning designations are suitable and appropriate for the subject properties, as they are all existing public facilities utilized for education, public services, and public safety. The properties have been previously developed as community facilities such as schools, recreational facilities, and public service facilities and the change of zone will bring the existing uses into conformity. Finding E - Approval of the amendment is warranted because the situation and the general conditions of the property have substantially changed since the existing zoning was imposed. Approval of the Major Community Facilities (MC) zoning designation is warranted because the existing facilities were not developed in conformance with the appropriate zoning designation. Finding F - The project is in conformance with the California Environmental Quality Act. The City has determined that the project is exempt from the provisions of the California Environmental Quality Act (CEQA) because the public facilities are already constructed and the change in land use designation is consistent and appropriate for the public facilities. No physical change to the environment will occur as a result of the General Plan Amendment. 331 Ordinance No. 2008- Zone Change 2008-134 School Sites and Public Works Yard October 21, 2008 Page 4 of 5 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, that it does ordain as follows: SECTION 1. The Official Zoning Map for the City of La Quinta is amended for those areas noted as A through D by identifying the zoning as Major Community Facilities (MC), as noted on "Exhibit 1 " attached hereto and made part of this Ordinance. SECTION 2. ENVIRONMENTAL. The Planning Department has determined that the Amendments to the Municipal Code are exempt pursuant to Section 15061(b)(3) and Section 15305 of the Guidelines for Implementation of the California Environmental Quality Act. The Ordinance will not have a negative effect on the environment in that the existing public facilities have already been developed and that this change of zone will bring them into conformance with the appropriate zoning. SECTION 3. EFFECTIVE DATE. This Ordinance shall take full force and effect and be in force 30 days after passage. SECTION 4. PUBLICATION. The City Clerk is directed to publish this Ordinance in the manner and in the time required by law. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 2152 day of October, 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta California 332 Ordinance No. 2008- Zone Change 2008-134 School Sites and Public Works Yard October 21, 2008 Page 5 of 5 ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 333 i si z 'd r SIR �noil Lqm �� F r,- u u ATTACHMENT 2 Planning Commission Minutes September 23, 2008 part of the conditions of approval now or they can landscape it the w they have it now using an artificial turf as an alternative. Planning Director Johnson added the Commission shoul entify what approach they took to establish the no -turf cond' - n for all, or a percentage, of the units and just make sure it is cl for the record what substantiated that position. Chairman Alderson said there was that they could establish percent configurations on the lots. h recommendation of a no tur optioi make it artificial. 94quitable way, in one meeting, :s with all the different sizes and said he would go with the or, if they do want to put in turf, There was no furth discussion, and it was moved and seconded by Commissioners rrows/ Weber to approve Minute Motion 2008-015 recommendin approval of Site Development Permit 2008-904 with the addition of condition that would either remove the turf from the front yard la sea or provide for artif' stead. Una ously a B. General Plan Amendment 2008-114 and Zone Change 2008-134• a request the City of La Quinta for consideration of amendments to the La Quinta General Plan and Zoning Map, amending the land use designations of three existing school sites and a community facility from various land uses and zoning designations to Major Community Facilities (MC), located at Site A -Colonel Mitchell Paige Middle School; Site B-Horizon School; Site C-Benjamin Franklin Elementary School; and Site D-Fritz Burns Community Park and a portion of the adjacent City Public Works Yard. Chairman Alderson opened the public hearing and asked for the staff report. Principal Planner Andrew Mogensen presented the information contained in the staff report, a copy of which is on file in the Planning Department. Commissioner Weber commented on the recent training he and Commissioner Wilkinson received regarding school planning. He acknowledged the Commission would probably not have any future opportunities to comment on school zoning since Desert Sands Unified School District (DSUSD) was probably built -out in La Quinta. He hoped if P:\Reports - PM2008\10-14-08\Final-Minutes 9-23-08.doc 8 338 Planning Commission Minutes September 23, 2008 conditions changed the City and DSUSD would develop better communications in the planning process as this correction was happening after the fact possibly due to lack of communication. He noted the school district could have used a representative at the meeting. Chairman Alderson asked about Area D and questioned what area of the City Yard would be devoted to the fire station; as well as the access. Staff explained what portion of the property would be devoted to the fire station. Planning Director Johnson said the whole property would not be devoted to the fire station. He explained the 1) phasing of the plan, 2) street alignment, 3) signalization of Avenue 52, and 4) proposed site plan. Commissioner Weber complimented the City on working with the utility companies to try to insure the design was energy efficient. He commended the City for doing their due diligence to maximize the project's efficiency. Commissioner Quill recommended staff write a letter to the Traditions sales office, sales representatives, and homeowners' association to indicate to them the necessity of disclosing the potential of the fire station to any prospective home buyers of property along the back wall. Planning Director Johnson said they did contact the Vice President of the homeowners' association. He was informed most of the homeowners were away and would not return until November or December. Staff understands the importance of being a good neighbor and definitely wanted to hear the homeowners' input. He added that staff is prepared to meet with them to talk about specifics of the site. He did note, from a noise standpoint, there would not be much change from the existing fire station as it is currently closer to residences than the proposed new location. The Fire Department views this new location as being a more effective and efficient location to serve the Cove and surrounding areas. There being no further questions of staff, Chairman Alderson asked if there were any applicant representatives or comments. There being no further applicant comments Chairman Alderson asked if there was any public comment. 339 P:\Reports - PC\2008\10-14-08\Final-Minutes 9-23-08.doc 9 Planning Commission Minutes September 23, 2008 There being no further questions, or public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. There was no further discussion, and it was moved and seconded by Commissioners Barrows/Quill to approve Resolution 2008-025 recommending approval of General Plan Amendment 2008-114 as submitted. Unanimously approved. There was no further discussion, and it was moved and seconded by Commissioners Barrows/Quill to approve Resolution 2008-026 recommending approval of Zone Change 2008-134 as submitted. Unanimously approved. C. General Plan Arc 7; a request of the City of La Quinta for consideratioZRecrtion ment to the La Quinta General Plan and Zoning Map tnd use identification of a .32 acre parcel zoned Parks anTourist Commercial on the Official General Plan andlocated southeast of the intersection of Washington Strevenue. Chairman Alderson opened the /resented g and asked for the staff report. Principal Planner Andrew Mogensthe information contained in the staff report, a copy of whic the Planning Department. Commissioner Weber asked Xthe Redevelopment Agency had already taken some action on this change. Staff replied the Redevelopment Agency was in the proc s of crafting a development agreement for a future restaurant on th adjacent parcel. This change of land use zoning would facilitate any f ure action which would of course be approved by the Commission an Council. Chairman Alder on asked if by combining these two pieces you would have a little o er an acre of workable land for a restaurant. Staff replied that was c rect. There there, ng no further questio airman Alderson asked if e anyjap. . representatives or comments. There being no applicant comments Chairman Alderson asked if there was any public comment. 340 PAReports - M2008\10-14-08\Final-Minutes 9-23-08.doc 10