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2009 03 17 CCCity 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, MARCH 17, 2009 3:00 P.M. Closed Session / 4:00 P.M. Open Session Beginning Resolution No. 2009-015 Ordinance No. 465 CALL TO ORDER Roll Call: Council Members: Franklin, Henderson, Kirk, Sniff, and Mayor Adolph PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CLOSED SESSION — NONE RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. 4:00 P.M. PLEDGE OF ALLEGIANCE City Council Agenda 1 March 17, 2009 PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CONFIRMATION OF AGENDA PRESENTATIONS — NONE WRITTEN COMMUNICATIONS — NONE APPROVAL OF MINUTES 1. APPROVAL OF SPECIAL MEETING MINUTES OF FEBRUARY 24, 2009. 2. APPROVAL OF MINUTES OF MARCH 3, 2009. 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 MARCH 17, 2009. 2. RECEIVE AND FILE TREASURER'S REPORT DATED JANUARY 31, 2009. 3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED JANUARY 31, 2009. 4. DENIAL OF CLAIM FOR DAMAGES FILED BY STATE FARM INSURANCE/JANE CHISTE — DATE OF LOSS: OCTOBER 9, 2008. 5. ADOPTION OF A RESOLUTION AMENDING THE TICKET DISTRIBUTION POLICY. 6. APPROVAL TO CONFIRM THE CITY'S CONSENT TO A FEE -SHARING AGREEMENT BETWEEN KIESEL, BOUCHER & LARSON, LLP, AND BARON & BUDD, P.C., IN THE CASE OF CITY OF LA QUINTA v. HOTELS.COM, ET AL. City Council Agenda 2 March 17, 20099" 002 7. APPROVAL OF REQUEST FOR PROPOSALS (RFP) FOR ENGINEERING AND DESIGN SERVICES FOR THE FIELD LIGHTING AT COLONEL PAIGE MIDDLE SCHOOL. 8. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO. 464 AMENDING TITLE 2, CHAPTER 2.70, SECTION 2.70.010 OF THE LA QUINTA MUNICIPAL CODE RELATING TO THE INVESTMENT ADVISORY BOARD. 9. APPROVAL OF A RATIFICATION OF CONTRACT CHANGE ORDER NO. 4 BY THE CITY MANAGER FOR THE FRED WARING DRIVE STREET IMPROVEMENTS, PROJECT NO. 2007-06, FOR RECONSTRUCTION OF EXISTING WESTBOUND TRAVEL LANES TO ALLOW THREE THROUGH LANE OF TRAFFIC. 10. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 31348, THE ESTATES AT POINT HAPPY, PH RANCH, LLC. 11. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF OFFSITE IMPROVEMENTS FOR TRACT MAP 31249, VILLAGE AT CORAL MOUNTAIN, ADOBE HOLDINGS, INC. 12. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF ONSITE IMPROVEMENTS FOR TRACT MAP 31249, VILLAGE AT CORAL MOUNTAIN, ADOBE HOLDINGS, INC. 13. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF OFFSITE IMPROVEMENTS FOR TRACT MAP 32742, FOUR SEASONS, MONTERRA HOLDINGS, LLC. 14. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF ONSITE IMPROVEMENTS FOR TRACT MAP 32742, FOUR SEASONS, MONTERRA HOLDINGS, LLC. 15. ACCEPTANCE OF ONSITE IMPROVEMENTS ASSOCIATED WITH PARCEL MAP 36058-R, CENTRE AT LA QUINTA, STAMKO DEVELOPMENT COMPANY. 16. ACCEPTANCE OF ONSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 30023-4, TRILOGY SHEA LA QUINTA, LLC. City Council Agenda 3 March 17, 2069" ' 003 17. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) AND BID DOCUMENTS AND AUTHORIZATION TO ADVERTISE FOR BID THE FISCAL YEAR 2008/2009 SLURRY SEAL AND RESTRIPING PROGRAM, PROJECT NO. 2008-11. 18. APPROVAL OF SPECIFICATIONS AND BID DOCUMENTS, AND AUTHORIZATION TO ADVERTISE FOR BIDS THE CITYWIDE LANDSCAPE MAINTENANCE CONTRACT, PROJECT NO. LMC 2008-13. 19. APPROVAL OF SPECIFICATIONS AND BID DOCUMENTS, AND AUTHORIZATION TO ADVERTISE FOR BIDS THE CITYWIDE LANDSCAPE LIGHTING MAINTENANCE CONTRACT, PROJECT NO. LMC 2008-14. 20. ADOPTION OF A RESOLUTION ACCEPTING A QUITCLAIM DEED FROM THE COACHELLA VALLEY WATER DISTRICT FOR PUBLIC FACILITY AND ANCILLARY IMPROVEMENTS FOR LA QUINTA FIRE STATION NO. 32 AND THE CORPORATE YARD IMPROVEMENTS. 21. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH GKK WORKS, INC. FOR CONSTRUCTION MANAGEMENT SERVICES FOR FIRE STATION 32, PROJECT NO. 2008-03 AND CORPORATE YARD EXPANSION, PROJECT 2007-08. 22. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH TRAFFEX ENGINEERS, INC. FOR CONTRACT CITY TRAFFIC ENGINEER SERVICES. 23. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH VRPA TECHNOLOGIES, INC., FOR THE DEVELOPMENT OF TRANSPORTATION SYSTEM MANAGEMENT (TSM)/TRANSPORTATION DEMAND MANAGEMENT (TDM) SOLUTIONS FOR THE WASHINGTON STREET AND HIGHWAY 111 COMMERCIAL CORRIDORS. 24. APPROVAL TO APPROPRIATE FUNDING AND AWARD A CONTRACT TO PARSAM CONSTRUCTION, INC., IN THE AMOUNT OF $963,697 TO CONSTRUCT THE LAGO LA QUINTA AND VILLAS AT LA QUINTA SOUND ATTENUATION WALLS, PROJECT NO. 2006-02. 25. APPROVAL OF THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) AND BID DOCUMENTS AND AUTHORIZATION TO ADVERTISE FOR BID THE COVE STREET SIGNAGE PROGRAM, PROJECT NO. 2008-12. City Council Agenda 4 March 17, 2009 '"" 004 BUSINESS SESSION 1. CONSIDERATION OF APPROVAL OF FISCAL YEAR 2009/2010 CITY COUNCIL GOALS. A. MINUTE ORDER ACTION STUDY SESSION 1. CONTINUED DISCUSSION REGARDING THE CODE COMPLIANCE PROGRAM. 2. DISCUSSION OF THE DRAFT FISCAL YEAR 2009/2010 THROUGH 2013/2014 CAPITAL IMPROVEMENT PROGRAM. 3. DISCUSSION OF THE DRAFT 2009/2010 ECONOMIC DEVELOPMENT PLAN. REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (FRANKLIN) 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 (KIRK) 6. C.V. CONSERVATION COMMISSION (SNIFF) 7. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (ROBERT COX) 8. C.V. MOUNTAINS CONSERVANCY (KIRK) 9. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 10. FRIENDS OF DESERT MOUNTAINS (KIRK) 11. IID ENERGY CONSUMERS' ADVISORY COMMITTEE (FRANKLIN) 12. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (FRANKLIN) 13. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 14. PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION & VISITORS AUTHORITY (HENDERSON) 15. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 16. RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMITTEE (DIANE GUNN) 17. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 18. SANTA ROSA/SAN JACINTO NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 19. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 20. PLANNING COMMISSION MINUTES OF JANUARY 27, 2009 21. HISTORIC PRESERVATION COMMISSION MINUTES OF JANUARY 29, 2009 City Council Agenda 5 March 17, 2009 Im.. 005 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS B. QUARTERLY MARKETING REPORT 2. CITY ATTORNEY 3. CITY CLERK A. UPCOMING EVENTS AND CITY COUNCIL CALENDAR 4. BUILDING & SAFETY DEPARTMENT REPORT FOR FEBRUARY 2009 5. COMMUNITY SERVICES DEPARTMENT REPORT FOR FEBRUARY 2009 6. FINANCE DEPARTMENT REPORT - NONE 7. PLANNING DEPARTMENT REPORT FOR FEBRUARY 2009 8. PUBLIC WORKS DEPARTMENT REPORT FOR FEBRUARY 2009 9. POLICE DEPARTMENT REPORT FOR FEBRUARY 2009 10. FIRE DEPARTMENT QUARTERLY REPORT - NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7:00 P.M. PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. PRESENTATIONS - NONE PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project. If you challenge a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. City Council Agenda 6 March 17, 2009 006 1. CONTINUED PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS AND AN ORDINANCE FOR: 1) CERTIFICATION OF MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2008-597; 2) GENERAL PLAN AMENDMENT 2008-116 FROM LOW DENSITY AGRICULTURAL/RESIDENTIAL TO LOW DENSITY RESIDENTIAL; 3) ZONE CHANGE 2008-136 FROM LOW DENSITY AGRICULTURAL/EQUESTRIAN RESIDENTIAL TO LOW DENSITY RESIDENTIAL; AND 4) TENTATIVE TRACT MAP 31434 FOR SUBDIVISION OF 30.2± ACRES INTO 94 SINGLE FAMILY LOTS AND OTHER MISCELLANEOUS LOTS FOR PROPERTY LOCATED ON THE WEST SIDE OF MONROE STREET AT THE WEST TERMINATION OF AVENUE 61. APPLICANT: MONROE DATES, LLC. A. RESOLUTION(S) ACTION B. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING C. INTRODUCE ORDINANCE NO. ON FIRST READING 2. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS FOR: 1) CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT FOR ENVIRONMENTAL ASSESSMENT 2008-582, ADOPTION OF FINDINGS PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTION OF STATEMENT OVERRIDING CONSIDERATION, ADOPT A MITIGATION MONITORING PROGRAM FOR AN ENVIRONMENTAL IMPACT REPORT; 2) APPROVAL OF SITE DEVELOPMENT PERMIT 2006-875 TO ALLOW A RETAIL COMPLEX AND MEDICAL OFFICE COMPLEX ON 25+ ACRES WITH APPROXIMATELY 234,450± SQUARE FEET OF BUILDING AREA; 3) APPROVAL OF CONDITIONAL USE PERMIT 2007-105; AND 4) APPROVAL OF TENTATIVE PARCEL MAP 35088 TO DIVIDE THE SITE INTO 10 PARCELS (WITH 5 LOTS FOR CONDOMINIUM PURPOSES) FOR PROPERTY LOCATED ON THE NORTH SIDE OF FRED WARING DRIVE BETWEEN WASHINGTON STREET AND PALM ROYALE DRIVE. APPLICANT: MAYER VILLA CAPRI, L.P. A. RESOLUTION(S) ACTION ADJOURNMENT The next regular meeting of the City Council will be held on April 7, 2009, commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. City Council Agenda 7 March 17, 2009 "^ 007 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 March 17, 2009, 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 March 13, 2009. DATED: M h 13, 2009 VERONICA J. ON CINO, ity Clerk City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7.103, 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 Calls Tampico, La Quinta, California, 92253, during normal business hours. City Council Agenda 8 March 17, 2009 008 P11, u.- c ecwmk My name is Judy Sherwood. I bought a house 1 year ago in the Cove. I'm a very part time resident, being here only 4 weeks during the year. The reason I'm here today is to tell the city of LQ that it needs to stop posting notices for code violations when either personal service or mail service is in fact what the municipal code calls for. On Wed., March 4 a city inspector discovered that my garbage can was in sight. It wasn't on the street or in the driveway. It was next to the side of my garage, as far from the street as possible, but it was visible. I'm not here to argue about your trash can policy which I think goes way beyond what needs to be done. He decided that since he couldn't talk to me in person (I was 500 miles away), he'd post a notice on my garage door. I think that is a very reckless and dangerous method of telling me I've violated a code. It tells any would-be burglar that he is free to enter the house and do whatever he wants. That is precisely what happened to me. On March 6 a burglar attempted to enter my house. He was scared off by my alarm system but he broke a custom made window which cost $271.00 to be replaced and he took 2 screens whose cost of replacement I don't yet know. I fully expect the City Of LQ to pay for the costs of his attempted break-in. Section 1.01.300 of your municipal code talks about the service of notices when you're not in compliance with a code. It says the notice may be given either by personal delivery to the person to be notified, or by deposit in the US mail. There is no mention of the posting of any notice. I spoke with your city attorney yesterday and he informed me that the trash can violation is actually a "public nuisance" and therefore notification of this code infraction must be done according to section 11.72.050, Abatement of Public Nuisances. Now, there's a long list of public nuisances in your section 11.72.030, but the trash can rules aren't cited there. They are cited in section 6.04.050, G. But, let's look at your rules in the section dealing with the Abatement of Public Nuisances. First, it says the posted notice shall read "Notice of Public Nuisance". My notice clearly doesn't say that. Regarding the service of the notice, it must be either by personal service, or certified mail, or posting of the notice in a conspicuous place in addition to personal service or notice by certified mail. Well, my notice was definitely in a conspicuous place but it certainly wasn't given to me in person (I live 500 miles away) or 009 accompanied by a certified letter. No matter what section of your code you look at (either Section 1.01.300 or 11.72.0$0) you violated your own laws in posting a notice on my garage door. Your attorney told me that "most people" want notices, as though that justifies the posting of a notice on my garage door! Well, I'm definitely not one of those people — I live 500 miles away so what earthly good is a notice going to do me? I believe your policy of leaving notices for code violations is dangerous. It is simply an advertisement to would-be burglars that is this home is vacant, come right in! Your policy must be stopped. 010 �a�� Q•e F 'y 4 40" GE` of COUNCIL/RDA MEETING DATE: March 17, 2009 ITEM TITLE: Demand Register Dated March 17, 2009 RECOMMENDATION: Approve Demand Register Dated March 17, 2009 BACKGROUND: Prepaid Warrants: 81868 - 81894) 187,985.96 81895 - 81925) 92,283.64 Voids} (1,835.00) Wire Transfers} 6,237,939.21 P/R 35653 - 356671 233,995.23 P/R Tax Transfers} 61,648.45 Payable Warrants: 81926 - 820741 1,590,687.31 $ 8, 402, 704. 80 FISCAL IMPLICATIONS: Demand of Cash - City $2,344,123.28 Demand of Cash -RDA $6,058,581.52 John M. Falconer, Finance Director AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR J STUDY SESSION PUBLIC HEARING ,._.. I 011 CITY OF LA QUINTA BANK TRANSACTIONS 02/25/09 - 03/10/09 02/26/09 WIRE TRANSFER - NATIONS TITLE ESCROW 02/27/09 WIRE TRANSFER - PERS 03/02/09 WIRE TRANSFER - HEALTH PREMIUM 03/02/09 WIRE TRANSFER - DEBT SVC PYMT 03/04/09 WIRE TRANSFER - TASC 03/06/09 WIRE TRANSFER - ICMA 03/06/09 WIRE TRANSFER - PERS TOTAL WIRE TRANSFER OUT $103,000 00 $2,540.23 $98,919.02 $5,952,546 26 $1,243.70 $18,981 60 $60,708.40 $6,237,939.21 012 City of La Quinta, CA Debt Service Payments Due March 1, AqAt� 1t(, a Applied Amount Paying Cash on Hand Wired to Agent a/c # Interest Principal Total w/ Fisc Aaent U. S. Bank Assessment Districts 2000.1 30,t05.00 0.00 30,505.00 0.00 30,505.00 '% 9441 97-1 11,420.00 0.00 11,420.00 0.00 11,420.00 ! 954E 92-1 0.00 0.00 0.00 0.00 0.00 9461 91-1 0.00 0.00 0.00 0.00 0.00 946C 90-1 0.00 0.00 0.00 0.00 0.00 946C 89-2 0.00 0.00 0.00 0.00 0.00 88-1 0.00 0.00 0.00 0.00 0.00 Total -Assessment Districts 41,925.00 41,925.00 Redevelopment Agency Int Princ 2004 1/2 2,138,365.63 0.00 2,138,365.63 0.00 2,138,365.63 78619 2003 PA 1 760,525.00 0.00 760,525.00 0.00 760,525.00 9468 2002 PA 1 909,718.13 0.00 909,718.13 0.00 909,718.13 9444 2001 PA 1 1,215,360.00 0.00 1,215,360.00 0.00 1,215.360.00 9443 1998 PA 2 151,312.50 0.00 151,312.50 0.00 151,312.50 ✓ 9545 1998 PA 1 409,760.00 0.00 409.760.00 0.00 409,760.00 ✓ 9545 19951/2 0.00 0.00 0.00 0.00 0.00 9543 1994 PA 1 325,580.00 0.00 325,580.00 325,580.00 ✓ 9461 Total - RDA 5,910,621.26 5,910,621.26 Total Amount of Wire to U.S. Bank 5,952,546.26 013 AWN Ob O r O O O n P m O PI UQ I W O m o 0 0 o N m o Ill o Il1 b .1 b III O 1 2O I M O N Ill O O m M m N WNW 1 OF 1 ; M .1 Ill N om a 2 0 z O M W W W ao a ow Z Z zs 1z..1 z 1 2 W 1 I Qa 1 00 00 OOIl1 OIlIOPPPn o0 00 00 OOnOr -1 Mml eOOmm oo �0P w O1 \1 co VM llly Mlfl blllPPPO oO co MM M"m No MPON MMvww oo .1 VMM U Wu 1 . . 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M N w W b N 1 2 1 .+ H > w P W W P O o d r oLL e Q o K \" Z mm l \U• NM H NH 1 NZ CH I Z 1 Od \ M W Z W W. WZ"WW Q Z Nu M S W= K O M N OU• . rH oz =UW W W g l r r Z q •• ZUNd'd 1 d of W S Q O U O 1 H O d•a IHJ Q d d d. ZZ U Q m O »>. Q N Z WO000. WO d' d'W K (:J WWWI r q LL d& wcow 1 1 057 `�e-*y 4 4104�4 COUNCIL/RDA MEETING DATE: March 17, 2009 ITEM TITLE: Receive and Treasurer's Report as of January 31, 2009 RECOMMENDATION: Receive and file. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: - STUDY SESSION: PUBLIC HEARING: Transmittal of Treasurer's Report dated January 31, 2009 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, WVAI( l John M. Falconer, Finance Director 'U.. 058 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Treasurer's Report City of La Quinta 059 2 y If MEMORANDUM TO* La Quints City Council FROM: John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurer's Report for January 30, 2009 DATE. February 28, 2009 Attached is the Treasurer's Report for the month ending January 30, 20,09. 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: 9,311,607 (18 Treasuries (2) 98,437,946 35.438,600,000) GOv'f Sponsored Enterprises (2) 110,436.930 0 47,910 56.149.553 98,783,348 7,711,607 nmemial Paper (2) 19,400 10,456,330 910 19,405 19,400 porete Notes 4 990 591 0 0 0 ual Funds e..'M rt r 933 _ 4,991.524 933 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 Quints, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. The City of La Quints used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. John M FaZ1z7 Zoo lconer Finance Director/Treasurer Date Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month. (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency Investments. (3) The cash account may reflect a negative balance This negative balance will be offset with transfers from other investments before warrants are presented for payment by the payee at the bank 060 3 Treasurer's Commentary For the Month of January 2009 Cash Balances — The portfolio size increased by $25 million. The major reason for the increase was a $26.4 million deposit from the County of Riverside for 1' installment property taxes. Investment Activity — The average maturity of the portfolio decreased by 34 days to 82 days at the end of January. The Treasurer follows a buy and hold investment policy and has not sold investments before maturity to take advantage of market conditions. Maturing commercial paper and Agency Paper was replaced with U.S. Treasury Bills with January having no maturing investments. The sweep account earned $35 in interest income for the month of January and the bank fees for the month were $ 2,096 which resulted in a net decrease of $ 2,061 in real savings. Portfolio Performance — The overall portfolio performance decreased by nineteen(19) basis points from the prior month and ended at 1.23% for the month, with the pooled cash investments yielding 1.36%. The portfolio yield will continue to decrease because of market conditions and the treasurer's decision to limit reinvestments in U.S. Treasury securities due to the credit crisis. With the average maturity of 82 days, the portfolio yield should continue to drop downward based upon reinvestments at lower rates. The Treasurer has several longer term investments helping to keep yields higher as interest rates decline, but they will gradually mature and result in a lower yield. At this time last year, the portfolio was yielding 4.22% which reflects the current interest rate environment. Future Thoughts Due to the current liquidity crisis impacting financial and business institutions the Treasurer is concentrating on safety first and foremost. In the short term, the Treasurer will be maintaining LAIF balances at the maximum allowable percentage because its rate declines slower in a declining rate environment. The Treasurer will not be investing in corporate notes, commercial paper or GSE's due to the current economic conditions affecting the financial markets; but instead will be investing in short term (less than one year) U.S. Treasury Bills. Bond proceeds will be laddered in three- and six-month Treasury bills as they mature. 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F UN77 2 MD& 2F q f1= 0 C66 - ! i■■!� +!a■!! r . § ! },| . �2.It |) /#■!; 14 ■ ", a!§#R! ! |!� )l;�� §#I7 � ■ � ! !■§ ��;l; gym;=�■ � f . /I) ;2§\# 27k7)/ ! ■ ^ !;! .;:!■ !� 99! 9R!■# !, �/$ §ri�■ 2!§e/| ) � $ \f( f� ! } , 087 to City of t a oulnla Co Mlim NapesdInterest January 30, Zoo crvofl Qisnta Year Monty ^"•� "w uuu Average Peols4 Cash Fls 1 I Overdo Mawrf 8a Thoa Monty FY 02/03 J9N 2002 248% 100% 205% 1]2 August 2002 245% 12)% 207% 1T2 Treasu Su Monty &orui to One Year Txro Year Throe Monty Nor-Fnandal -T1.JMFRa 1% 2N% 173% Sept 2002 246% 126X 210% 139 164% 25B% Od 2002 241% 100x 20e% 121 162% 260% NOv2002 232% 100% 202% 109 155% 249% Dec 2002 2 23% 1 00% t 80% 163 1 iB% 2 30% Jan 2003 211% 080% t62% t3] 12]% 231% Feb 2003 189% ON% 174% 131 116% 210% Mar 2003 201% 0l5% 1l8% 11] 120% 195% Apr 2003 19B% 0 72% 1 76% 92 1 18% 1 N% May 2003 186% 0i3% 154% l4 117% 186% June 2003 1l3% 049x 140% 123 1 f0% 180% FY 03414 July 2003 188% 052% t43% 131 088% 170% August 2003 185% 045% 1J5% 1f0 0�% 185% Sapl20o3 1 85% 0 d9% 126% 1)0 1 N% 1 M% Od 2003 159% O48% 136% 121 101% 164% Nov 2003 1.84% 048% 138% 104% 160% Dec 2003 18)% 05]% 141% 11�j] 103X 157% Jan 2004 158% 030% 137% 1d0 ON% 155% Fe02004 165% 030% 138% 120 100X 153% Mar 20D0 150% 050% 133% 155 101% 144% Apr 2004 150% O50% 133% 101% 147% MBY2004 154% O50% 136% 137 119% 143% June 2o04 169% 047% 162% 209 138% 143% FYO4N5 July 2004 173% 050% 168% 214 1l3% 143% August 2004 173% 050% 15)% 172 1 l4% 1 60% Sep12004 1 ]B% 1 0)% 1 68% 167 1]8% 16]% Od 2004 7]e% 114% 172% 112 1 95% 1 l)% Nov 2004 1)9% 143% 173% 113 204% 189% Oec 2004 189% 223% 208% 145 237% 200% Jan 2005 200% 225% 212% 109 256% 213% Feb 2005 218% 226% 222% 1" 256% 220% Mar 2005 216% 267% 243% 120 285% 23]% Apr 2005 227% 269% 249% B3 285% 237% May 2005 247% 2l0% 256% 64 309% 272% June 2005 259% 310% 283% 113 311% 286% FY OSg6 July 2005 265% 311% 287% ]3 322% 286% August 2005 264% 311% 201% 84 354% 308% Sep12005 30T% 348% 320% ]6 369% 318% Oc12005 333% 351% 334% 85 3]5% 318 Nov 2005 370% 353% 355% 96 3l5% 332% % Dec 2005 381% 363% 367% 68 416% 364% Jan 2008 411% 400% 4.06% 112 420% 381% Feb 2006 414% 401% 409% 73 444% 3g6% Mar 2006 421% 445% 431% 110 458% 463% 404% Apr 2006 4.30% 446% 437% 92 414% May 2006 467% 448% 460% 67 474% 431% June 2006 4l4% 40% 483% )8 484% 458% Bl0 FY O), July Z006 40% 500% 496% 95 511% 4]0% August 2006 AN% 501% 497% 48 5.N% 08% 465% Sept 2006 4B8% 501% 499% 53 4 485% 002006 500% 502% 501% 67 500% % Nov 2006 504% 503% 503% 82 4B6% 550202 Dec 2006 508% 504% 506% 80 494% 10% Jan 200518% 512% 516% 64 490% 513% Feb 2007 519% 513% 517% 45 498% 516% Mar2007 621% 503% 515% 67 495% SAM Apr2O07 520% 514% 515% 42 488% 521% May 2007 520% 505% 516% 32 484% 522% Juno 2007 5,10% 488% 510% 85 481% 522% FY 07M July 2007 621% 490% 512% 129 4.81% 525% 51% 485% 508% IN459% 480% 526% ep2000] Sept Septt 200) 516% 488% 506% 129 525% Od 2001 511% 485% 502% 116 400% 39 % 55% Nov 2001 503% 483% AN% W 334% 52323% Dec200) 495% 343% 445% 123 339% 496% Jan 2008 •58% 333% 422% 98 231% 480% Feb 2008 412% 324% 385% 06 462% Mar 2006 407% 283% 387% )4 20T% 16% 416% Apr 2008 345% 32)% 341% 82 150% May 2008 314% 327% 317% 63 170% 340% June 2008 309% 194% 286% 80 192% 30l% FY OBI09 July 2008 2 99% 1 93% 2 ]l% 62 214% 289% 170% August 2008 316% 192% 288% 188% 2 29% 2 ]5% 2 18% 2 ]9% 51 169% Sep!2008 281% 192% 264% 1.89% 214% 2.38% 208% 278% 37 142% Od 2008 266% 261% 179% 196% 200% 213% 277% 261% 29 090% Nov 2008 238% 140% 172% 150% 207% 271% 236% 236% 84 015% Dec 2008 160% 04956 104% 125% 145% 257% 018% 142% 116 005% 025% 059% 088% 097% 235% Jan 2009 136% 018% 123% 82 015% Feb 2009 035% 043% 088% 0.31% 205% 64ar2009 Apr 2000 MaY2009 110, 068 11 w C ` Ow O a= Go U Ro .0 N r U c o O � [7 ri Q 0 O LLO N O O Y O O O U� d O In N 2 a- O m a O O O O 069 12 1 a •� CFM OF'CIiF'O�• COUNCIL/RDA MEETING DATE: March 17, 2009 ITEM TITLE: Receive and File Revenue and Expenditure Report for January 31, 2009 RECOMMENDATION: Receive and File. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: _a CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Receive and File the January 31, 2009 Statement of Revenue and Expenditures for the City of La Quinta. Respectfully submitted, John M. Falconer, Finance Director Approved for submission by: r�--'G�' Thomas P. Genovese, City Manager Attachments: 1 . Revenue and Expenditures Report, January 31, 2009 10. 070 CITY OF LA QUINTA REVENUES - ALL FUNDS 0710112008-0113112009 FUNDS BUDGET RECEIVED % RECEIVED General $45.632,235.00 $13,296,176.91 29.107/. Library 2,628,600.00 0.00 0,00% Gas Tax Revenue 990,400.00 526,133.69 53 10% Federal Assistance 186,110.00 6,885.00 3.70% JAG Grant 0.00 0.00 0.00% Slesf (Cops) Revenue 100,500.00 250.00 0.20% Indian Gaming 150,600.00 72,60969 48.20% Lighting & Landscaping 927,900.00 499,750.06 53.90 % RCTC 1,997,70000 1,238,23807 6200% Development Funding 0.00 000 0.00% Crime Violent Task Force 83,600 00 51,704 59 61.80% AS 939 141,100.00 15,853 60 11.20% Quimby 1,029,600 00 168,307 99 16 30% Infrastructure 0.00 4,433.83 000% Proposition lB 610,88800 5,090.42 0.80% South Coast Air Quality 56,20000 28,51695 5070% Transportation 1,034,400.00 728,677.16 70.40% Parks & Recreation 356,800.00 48,61400 1360% Civic Center 424.200.00 85,467.59 20.10% Library Development 142.000.00 24,106.07 17,00% Community Center 69.400.00 16,607.82 23.90% Street Facility 35.600.00 26,341.89 74 00 % Park Facility 10,800.00 2,29200 2120% Fire Protection Facility 59,600 00 12,042.26 20.20% Arts In Public Places 105,200.00 131,667 88 125 20% Interest Allocation 0.00 376,77328 0.00% Capital Improvement 120,528,219 00 17,242,824.39 14.30% Equipment Replacement 807,181.00 747,77013 92.60% Information Technology 529,201 00 510.420.26 96.50% Park Equipment & Facility 447,694.00 432,063.50 96,50% SilverRock Golf 3,759,926.00 1.260.398.08 3350% SilverRock Golf Reserve 79,199.00 1.869.17 2.40% LO Public Safety Officer 2,50000 2,22593 89 00% La Quints Financing Authority 6,610,874.00 4,314,888 13 65 30% RDA Project Area No. 1 81,746,779.00 28,217,400.72 34.50% RDA Project Area No. 2 31,883,59800 15,758,91714 4940% Total $303,168,604 00 $85,855,318.20 28 30% 071 2 CITY OF LA QUINTA EXPENDITURES - ALL FUNDS 07/0112008-01/3112009 FUNDS BUDGET EXPENDITURES REMAINING BUDGET PERCENT enere Library 1,686,237.00 221,33468 1,464,90232 131% Gas Tax 1,136,887.00 375,09150 761,79550 330% Federal Assistance 186,110.00 11,786.90 174,32310 6.3% JAG Grant 0.00 000 0.00 0.0% Slesf (Cops) Revenue 100,400 00 0.00 100,400.00 0 0% Indian Gaming 150,60000 71,306.23 79,293.77 47.3% Lighting & Landscaping 027,90000 541,274.89 386,62511 58.3% RCTC 3,744,87700 919,847.07 2,825,02993 24.6% Development Agreement 000 0.00 0.00 0.0% CV Violent Crime Task Force 57,10000 22,383.57 34,716.43 392% AS 939 2,100.00 000 2,100.00 0.0% Quimby 9,030,13100 6,99066 9,023,140.34 0.1% Infrastructure 397,57600 0.00 397,57600 0.0% Proposition iB 1,218,71300 607,825.00 610,88800 499% South Coast Air Quality 26,60000 11,352.31 15,24769 427% Transportation 8,284,99100 1,829,740.61 6,455,25039 221% Parks & Recreation 37,500.00 18,17423 19,325.77 48.5% Civic Center 434,014.00 231,069.46 202,944.54 53 2% Library Development 48,750.00 23,643 27 25,106.73 48.5% Community Center 0.00 0.00 000 00% Street Facility 2,484,563 00 4.775.00 2,479,788 00 0 2% Park Facility 000 0.00 000 0.0% Fire Protection 1,423,125.00 11,401.81 1,411,72319 0.8% Arts In Public Places 696,200 00 26,397.20 669,802.80 3.8% Interest Allocation 000 0.00 0.00 0.0% Capital Improvement 120,528,219.00 17,242,824 39 103,178,612.18 14.3% Equipment Replacement 878,646.00 91,52130 720,899.40 10.4% Infonnation Technology 627,827.00 177,02927 450,79773 28.2% Park Maintenance Facility 87,565.00 49,380.38 37,096.25 56 4% SilverRock Golf 4,519,571.00 2,344,827.92 2,174,743.08 51.9% SilverRock Reserve 000 0.00 000 0.0% LQ Public Safety Officer 2,00000 0.00 2,00000 0.0% Le Quinta Financing Authority 6,612,244 00 4,324,840.26 2,287,403 74 65.4% RDA Project Area No. 1 127,373,15000 30,322,296.56 97,050,85344 23.8% RDA Project Area No. 2 45,479,725.00 20,819,064.12 24,660,66088 45.8% 0 4r . 072 K1 CITY OF LA QUINTA GENERAL FUND REVENUES DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED TAXES: Property Tax 2,838,600.00 1,143,630.72 1,694.969.28 40290% No Low Property Tax Distribution 2,843,30000 2.170,83472 672,465.28 76.350% Statutory Tax 000 254,208 89 (254.208.89) 0 000% Sales Tax 6,796,500 00 2.374,202.28 4,422,297.72 34.930% Sales Tax Reimbursement 2,265,50000 96,95868 2,168,541.32 4280% Document Transfer Tax 717.200.00 259,733.36 457,46664 36.210% Transient Occupancy Tax 5.600.000.00 1,448,68528 4,151,31472 25,870% Transient Occupancy Tex- Mitigation Measures 305,400 00 7,751 37 297,648 63 2 540% Franchise Tax 1,764,400.00 432,535.00 1,331,86500 24.510% TOTALTAXES 23,130,900.00 8.188,54030 14,942,35970 35,400% LICENSE & PERMITS: Business License 279,200.00 161,998.30 117,201 70 58 020% Animal License 19,700.00 13,648.50 6,051.50 69 280% Building Permits 446,880.00 229,565 90 217,314 10 51 370% Plumbing Permits 67,520 00 27,212 70 40.307.30 40 300% Mechanical Permits 38,08000 17,47400 20.606.00 45890% Electrical Permits 52,400 00 30,008 39 22.391.61 57 270% Garage Sale Permits 10,70000 8,76000 1.940.00 81.870% Misc Permits 127,60000 66,98726 60,612.74 52.500% TOTAL LICENSES & PERMITS 1,042,080 00 555,655 06 486.424.95 53.320% FEES: Sale of Maps & Publications 2,10000 1,265 19 834.81 60.250% Buntec Admn Cost Reimb/AB939 0.00 22,840.25 (22,84025) 0,000% Community Services Fees 467,225 00 268,769.96 198,455.04 57 520% Finance 25000 62000 (370 00) 248.000% Bldg & Safety Fees 301,680 00 163,834.35 137,845 65 54 310% Community Development Fees 100,200 00 48,209 70 51,990 30 48.110% Public Works Fees 501 200.00 265 944.75 235,255 25 53.060% TOTALFEES 1,372,655.00 771.484.20 601,17080 56.200% INTERGOVERNMENTAL Motor Vehicle In -Lieu 3,942,100.00 66.551.95 3,875,548.05 1.690% Motor Vehicle Code Fines 94.500.00 62.881.82 31,618.18 66,540% Parking Violations 59.500.00 29.447.00 30,053.00 49.490% Misc Fines 116.000.00 106,987.05 9,01295 92,230% AB939 92,300.00 0.00 92,300.00 0000% Federal Govt Grants 000 0.00 0.00 0 000% County of Riverside Grant 4,645,841.00 111,932.40 4,533,908 60 2.410% State of California Grant 35,476.00 4,215.44 31,260 56 11 880% Fire Services Credit 5,053,100 00 810,718.09 4,242,381 91 16 040% CVWD 16,800.00 0.00 16,80000 0,000% CSA152 Assessment 218,000.00 238 663.71 (20 663,71) 109.480% TOTAL INTERGOVERNMENTAL 14,273,617.00 1,431,397.46 12,842,219.54 10.030% INTEREST 4,127,478.00 2,255,485.52 1,871,99248 54650% MISCELLANEOUS Miscellaneous Revenue 8,40000 22,30880 (13.908.80) 265.560% Assmnt Dist Surplus 000 000 0.00 0.000% Other Mitigation Measures 000 000 0.00 0.000% Litigation settlement 0.00 000 0.00 0.000% Cash Over/(Short) 5000 (065) 5065 -1,300% TOTAL MISCELLANEOUS 8.450.00 22,308.15 (13,85815) 264,000% TRANSFERIN 1.677.055.00 71,306.23 1,605,74877 4250% TOTAL GENERAL FUND 45,632,235.00 13,296,176.91 32,336.058 09 29 140% CITY OF LA QUINTA GENERAL FUND EXPENDITURE SUMMARY BY DEPARTMENT 07/01/2008 - 01/31/2009 ADJUSTED REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET GENERAL GOVERNMENT: LEGISLATIVE 1,011,422.00 481,65685 0.00 529,565.15 CITY MANAGER'S OFFICE 511,503.00 279,89091 0.00 231,612.09 DEVELOPMENT SERVICES 2,505,08700 1,402,94834 0.00 1,102,138.66 MANAGEMENT SERVICES 1,623,013.00 1,054,85438 5,038.54 563,120.08 TOTAL GENERAL GOVERNMENT CITY CLERK - 7831128100 367,675.77 000 415,45223 TOTAL CITY CLERK 7g COMMUNITY SERVICES PARKS& RECREATION ADMINISTRATION 1,319,61100 624,74787 0.00 694,863.13 SENIOR CENTER 444,102 00 232.358.58 0.00 211,743.42 PARKS & RECREATION PROGRAMS 223,779 00 121,623 95 0.00 102,155.05 LIBRARY 1,395,67100 282,275.80 0.00 1,113,395.20 MUSEUM 275,765.00 104,916.52 21998 170,628.50 PARK MAINTENANCE 1,421:33100 1,001,903.90 000 419,427.10 TOTAL COMMUNITY SERVICES FINANCE FISCAL SERVICES 1,027,70200 560,36140 0.00 467,32060 CENTRAL SERVICES 412,51100 249,80333 0.00 152,70767 TOTAL FINANCE BUILDING & SAFETY: BUILDING&SAFETY -ADMIN 438,118.00 243,22777 000 194,89023 BUILDING 1,021,836.00 575,19796 000 446,638.04 CODE COMPLIANCE 1,064,412.00 568,432 43 000 495.979 57 ANIMAL CONTROL 408,210.00 222,16005 0.00 186,04995 FIRE 5,070,384.00 807,92264 0.00 4,262,46136 EMERGENCY SERVICES 151,474.00 75,96283 0.00 75,51117 CIVIC CENTER BUILDING -OPERATIONS 1,261,390.0' 888,92441 0.00 372,4655; TOTAL BUILDING & SAFETY POLICE: POLICE SERVICES 12,200,232.00 3,674,82016 40,80211 8,484,808.73 TOTAL PUBLIC SAFETY COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT -ADMIN 1,930,641.00 467,25025 000 1,463,390.75 CURRENT PLANNING 175,086.00 390,42314 0.00 484,662.06 TOTAL COMMUNITY DEVELOPMENT PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 897,885 00 283,031.79 19,084.40 595,768 81 DEVELOPMENT & TRAFFIC 1,321,52000 634,208.58 0.00 687,311.42 MAINT/OPERATIONS- STREETS 3,480,76900 882,653.91 17,441.65 2,580,673.44 MAINT/OPERATIONS- LTG/LANDSCAPING 2,086,25400 1,069,919.51 4,900.00 1,011,434.49 MAINT/OPERATIONS- TRAFFIC 720,58900 452,526.37 9,600.00 258,46263 CONSTRUCTION MANAGEMENT 83827700 589,318.12 0.00 248,958.88 TOTAL PUBLIC WORKS TRANSFERS OUT 6,149,06500 750,185.50 000 5,398,879.50 GENERAL FUND REIMBURSEMENTS NET GENERAL FUND EXPENDITURES (5,874,879 00) (2 184 774 57) 0.00 (3,690,104 43) 46,985,88800 17,156,429.29 97,08668 29,732,372.03 014 e CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED LIBRARY: County of Riverside 2,628,600.00 000 2,628,600.00 0.000°k Contributions 0.00 000 000 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL LIBRARY 2,628.600.00 0.00 2,628.600.00 0.000% GAS TAX REVENUE: Section 2105 197,400 00 115,859.54 81,540.46 58 690% Section 2106 13l,300.00 70,674 50 60,625 50 53.830% Section 2107 262,100.00 151.672.45 110,427 55 57.870% Section 2107.5 000 0.00 000 0.000% Traffic Congestion Relief 392.00000 185.040.59 206,95941 47.200% Interest 7,60000 2,88661 4,713.39 37.980% TOTAL GAS TAX 990.400 00 526.133 69 464,266.31 53.120% FEDERAL ASSISTANCE REVENUE: CDBG Grant 186.11000 6.885.00 179,22500 3700% Interest 0.00 0.00 0.00 0000% TOTAL FEDERAL ASSISTANCE 186,110 00 6,88500 179,225 00 3,700% JAG GRANT Grant Revenue 000 0.00 000 0.000% Interest 0.00 0.00 000 0,000% TOTAL JAG GRANT 0.00 000 000 0,000% SLESF(COPS)REVENUE: SLESF (Cops) Funding 100,000.00 000 100,000.00 0.000% Interest 500.00 250.00 250.00 50.000% TOTAL SLESF (COPS) 100,50000 250.00 100,250 00 0.250% INDIAN GAMING Grant revenue 150,600 00 71,306 23 79,293.77 47 350 % Interest 0.00 1,303.46 (1 303 46) 0000% TOTAL INDIAN GAMING 150 600.00 72,609.69 77,990 31 48.210% LIGHTING & LANDSCAPING REVENUE: Assessment 927,90000 499,75006 428,149.94 53.860% Developer 000 0.00 0.00 0.000% Interest 000 000 coo 0000% TOTAL LIGHTING & LANDSCAPING 927.90000 499,750.06 428,149.94 53860% RCTC RCTC Funding 1,997,70000 1,238,238.07 759,46193 61.980% Transfer in 0.00 0.00 0.00 0000% TOTAL RCTC DEVELOPMENT AGREEMENT FUND Mitigation Measures 0.00 0.00 0.00 0000% Interest 0.00 0.00 000 0,000% Transfer in 0.00 000 0.00 0.000% TOTAL DEV AGREEMENT 000 000 0.00 0.000% CRIME VIOLENT TASK FORCE Member Contributions - Carryover 49,900.00 29,952.00 19,948.00 60.020% Grant revenue- JAB 25,600.00 17,46357 8.136.43 68.220% CLET Line 3,10000 2,28627 814.73 73.720% Asset Forfeiture -State Adjudicated 000 000 000 0,000% Interest 5,00000 2,00375 2,99625 40.080% TOTAL CRIME VIOLENT TASK FORCE 83.600 00 51,704.59 31,895 41 61.850% AB 939 REVENUE: AS 939 Fees 100,900.00 0.00 100,900 00 0.000% Interest 40,200.00 15,65360 24346.40 39A40% TOTAL AB 939 QUIMBY REVENUE: Quimby Fees 950,000.00 53.854.50 896,14550 6670% Donations 0.00 0.00 0.00 0000% Interest 79 600 00 114 453 49 (34 853.49) 143.790% TOTAL QUIMBY �-O2TeuQ ou lod30 g9-�Ubl,ZVZS 10.40u °h INFRASTRUCTURE REVENUE: Utility refund 0.00 0.00 000 0000% Interest 0.00 4,433.03 (4,433.83) 0.000% Transfer in 000 0.00 0.00 0000% TOTAL INFRASTRUCTURE 0.00 4,433.83 (4,433 83) 0,000% PROPOSITION 18 Prop 1B Grant 610,888.00 0.00 610.888.00 0.000% Interest 000 5,09042 (5,090,42) 0.000% TOTAL PROPOSITION 1 B 610.1188 uu b,O9042 605, 97.58 0 830 a% 075 J CITY OF LA QUINTA REMAINING % ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET RECEIVED SOUTH COAST AIR QUALITY REVENUE: S C A.Q Contribution 48,900.00 25.649.62 23,250.38 52.450% MSRC Funding 000 000 0.00 0.000% Street Sweeping Grant 0.00 0.00 0.00 0.000% Interest 7.30000 2,86733 4,432.67 39.280% TOTALSCAQ 56,20000 28,51695 27,683.05 50.740% TRANSPORTATION Developer fees 1,015.10000 650,57987 364,52013 64090% Interest 19.300.00 78,097.29 (58,79729) 404.650% Transfer in 0.00 0.00 000 0.000% TOTAL TRANSPORTATION 1034,400.00 728,677.16 305,72284 70.440% PARKS & RECREATION Developer fees 356,80000 48,61400 308.166.00 13.630% Interest 0.00 000 0.00 0.000% Transfer in 000 0.00 000 0,000% TOTAL PARKS & RECREATION 356.800 00 48,614 00 308,186.00 13 630% CIVIC CENTER Developer fees 424,200.00 85,467.59 338,73241 20.150% Interest 000 0.00 000 0,000% Transfer in 000 0.00 0.00 0 000% TOTAL CIVIC CENTER 424,200 00 85,467.59 338,732 41 20 150% LIBRARY DEVELOPMENT Developer fees 142,00000 24,106.07 117,893.93 16980% Interest 0.00 0.00 000 0.000% Transfer in 000 0.00 000 0 000% TOTAL LIBRARY DEVELOPMENT 142,000 00 24,106.07 117,893 93 16.980% COMMUNITY CENTER Developerfees 29,600.00 4,036.00 25,56400 13.640% Interest 39,800 00 12,571 82 27,228 18 31.590% TOTAL COMMUNITY CENTER 69,400 00 16,607 82 52,792 18 23,930% STREET FACILITY Developerfees 35,30000 22.669.10 12,630.90 64.220% Interest 30000 3,67279 (3,37279) 1224260% Transfer In 0.00 0.00 0.00 0.000% TOTAL STREET FACILITY 35.60000 26,34189 9,258.11 73990% PARK FACILITY Developer fees 8,800.00 1,196.00 7,60400 13.590% Interest 2,00000 1,09600 904.00 54800% TOTAL PARK FACILITY 10,80000 2,29200 8,508 00 21,220% FIRE PROTECTION FACILITY Developer fees 59,600.00 12,042.26 47,557.74 20.210% Interest 0.00 0.00 000 0 000% TOTAL FIRE PROTECTION FACILITY 59,60000 12,042.26 47,557.74 20 210% ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places 97,500.00 95,206.78 2,293.22 97.650% Arts in Public Places Credits Applied 0.00 0.00 000 0,000% Insurance Recoveries 0.00 21,343.58 (21,343 58) 0.000% Donations 2,500.00 2,500.00 000 100.000% Interest 5,20000 12,61752 (7.417.52) 242 640 % TOTAL ARTS IN PUBLIC PLACES 105 200.00 131,667 88 (26,467.88) 125 160% INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 0.00 376.773.28 (376,773.28) 0.000% Transfer In 0.00 0.00 0.00 0.000% TOTAL INTEREST ALLOCATION 0.00 376.773.28 (376,773.28) 0.000% 076 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL CAPITAL CVAG CVWD County of Riverside Surface Transportation Funding City of Indio DSUSD IID RCTC Vista Dunes Housing LLP SB821-Bicycle Path Grant State of California APP Contribution Developer Agreement Funding Litigation Settlements Transfers in From Other Funds TOTAL CIP REVENUE REMAINING % BUDGET RECEIVED BUDGET RECEIVED 1,240,844.00 108,620.73 1,132,22327 8750% 0.00 0.00 000 0 000% 0.00 0.00 0.00 0.000% 10,047,212.00 288,567 60 9,758,644.40 2 870% 0.00 0.00 000 0.000% 107,500.00 107,500.00 0.00 100.000% 520,486.00 553,730.60 (33,24460) 106.390% 0.00 0.00 000 0.000% 520,916.00 234,900.85 286,015.15 45 090% 0.00 0.00 0.00 0 000% (31,490 00) 000 (31,490 00) 0.000% 0.00 0.00 0.00 0 000% 690,62800 269,826.00 420,802.00 39070% 000 0.00 0.00 0.000% 107,432,123 00 15,679,678 61 91,752,444 39 14.590% 120,528,219.00 17,242,824.39 103, 285,394.61 316.760% EQUIPMENT REPLACEMENT FUND: Equipment Charges 716,881.00 716,881.00 0.00 100.000% Capital Contribution 0.00 000 000 0.000% Sale of Fixed Asset 0.00 0.00 0.00 0 000% Insurance Reoovenes 0.00 0.00 000 0.000% Interest 90,300.00 30,88913 59,410.87 34.210% Transfers In 0.00 000 0.00 0.000% TOTAL EQUIPMENT REPLACEMENT 807,181.00 747.770.13 59.410.87 92.640% INFORMATION TECHNOLOGY FUND: Charges for services 494,20100 494,201.00 0.00 100000% Capital Contribution 0.00 000 0.00 0.000% Sale of Fixed Asset 0.00 0.00 0.00 0.000% Interest 35,000.00 16,21926 18,78074 46.340% Transfers In 0.00 0.00 0.00 0.000% TOTAL INFORMATION TECHNOLOGY 529,201.00 510,420.26 18,780.74 96 450% PARK EQUIPMENT & FACILITY Charges for services Interest Capital Contributions TOTAL PARK EQUIPMENT & FAC SILVERROCK GOLF Green fees Range fees Resident Card Bob Hope Chrysler Classic Merchandise Food & Beverage Allocated Interest Income Transfers In TOTAL SILVERROCK GOLF SILVERROCK GOLF RESERVE Interest Transfers In TOTAL SILVERROCK GOLF LQ PUBLIC SAFETY OFFICER FUND Transfer In Interest TOTAL LQ PUBLIC SAFETY 413,394.00 413,394.00 0.00 100.000% 34,300.00 18,669.50 15,630 50 54.430% 0.00 0.00 0.00 0 000% 447,694.00 432,063.50 15,63050 96,510% 3,255,759.00 1,078,158.59 2,177,600.41 33120% 113,217.00 27,616.89 85,600.11 24 390% 15,000.00 13,980.00 1,02000 93.200% 0.00 0.00 000 0.000% 375,950.00 140,64260 236,30740 37.410% 0.00 0.00 0.00 0.000% 0.00 0 00 0.00 0.000% 0.00 0.00 0.00 0.000% 3,759,926.00 1.260.398.08 2.499.527.92 33.520% 65115 4,300.00 1,869.17 2,430.83 43.470% 74,899.00 0.00 74 899.00 0.000% 79,199.00 1,86917 77,32983 2.360% 2,000.00 2,00000 0.00 100.000% 50000 225.93 27407 45.190% 2,50000 2,225.93 27407 89 040; 077 CITY OF LA QUINTA 07/01/2008 - 01 /31/2009 OTHER CITY FUNDS ADJUSTED REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET LIBRARY FUND INTEREST ADVANCE 15,00000 14,23675 000 763.25 CAPITAL PURCHASES 000 0.00 0.00 000 REIMBURSE GENERAL FUND 1,671,23700 207,09793 0.00 1,464,13907 TRANSFER OUT 0.00 000 0.00 TOTAL LIBRARY FUND GAS TAX CONTRACT SERVICES 29,480 00 0.00 0.00 29,480 00 REIMBURSE GENERAL FUND 643,01400 375.091.50 0.00 267,922.50 TRANSFER OUT 464,3930' 000 0.00 464,393.00 TOTAL GAS TAX FUND FEDERAL ASSISTANCE FUND: TRANSFER OUT 788,110.00 11,786.90 174,323.10 TOTAL FEDERAL ASSISTANCE FUND JAG GRANT TRANSFER OL TOTAL JAG GRANT 0.00 0.00 000 0.00 SLESF (COPS) TRANSFER OL TOTAL SLESF (COPS) FUND 100,400.00 0 00 000 100.400.00 INDIAN GAMING FUND TRANSFER OUT 150,600.00 71,306.23 000 79 293.77 TOTAL INDIAN GAMING FUND 71 LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 927,90000 541,274.89 000 386,625.11 TRANSFER OUT 000 0.00 000 0.00 TOTAL LTGILANDSCAPING FUND RCTC TRANSFER OUT 3,744,877.00 919,847 07 0.00 2,825,029.93 TOTAL RCTC 3,]44,877 0025 DEVELOPMENT AGREEMENT FUND CONSTRUCTION 0.00 000 000 000 REIMBURSE GENERAL FUND 0.00 000 0.00 000 TRANSFER OUT 0.00 0.00 000 0.00 TOTAL DEV AGREEMENT FUND CRIME VIOLENT TASK FORCE OPERATING EXPENSES 57,100.00 22,38357 0.00 34,716.43 TRANSFER OUT 0.00 000 0.00 000 TOTAL CRIME VIOLENT TASK FORCE AB 939 OPERATING EXPENSES 2,10000 0.00 000 2,100.00 TRANSFER OUT 000 000 000 0.00 TOTAL AS 939 QUIMBY FUND: FEASIBILITY STUDY 35,00000 0.00 000 35.000.00 TRANSFER OL 8,995,131.00 6,990.66 0.00 8,988,14034 TOTAL QUIMBY INFRASTRUCTURE FUND CONSTRUCTION 000 000 0.00 0.00 REIMBURSE GENERAL FUND 000 0.00 000 0.00 TRANSFER OUT 397,57600 0.00 0.00 397,576.00 TOTAL INFRASTRUCTURE PROPOSITION 1 B - SB 1266 TRANSFER UL TOTAL PROPOSITION 1 B FUND 1,218,713.00 607,825.00 000 610,888.00 SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 26,600.00 11,352.31 0.00 15,247.69 TRANSFER OUT 0.00 000 0.00 0.00 TOTAL SOUTH COAST AIR QUALITY TRANSPORTATION PROGRAM COSTS CONTRIBUTION TRANSFER OUT PARKS & RECREATION INTEREST ON ADVANCE TRANSFER OUT CIVIC CENTER INTEREST ON ADVANCE REIMBURSE GENERAL FUND TRANSFER OUT 0.00 0.00 000 0.00 0.00 0.00 0.61 0.00 6.455.25i TOTAL 37,500.00 18,17423 0.00 19,325.77 000 0.00 000 000 TOTAL PARKS & RECREATION 231,250 00 112,790.46 000 118,459.54 202,764 00 118,279.00 000 84,485.00 000 0.00 000 0.00 TOTAL CIVIC CENTER LIBRARY DEVELOPMENT PROGRAM COSTS 0.00 0.00 000 0.00 INTEREST ON ADVANCE 48,750.00 23,643.27 000 25,106.73 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL LIBRARY DEVELOPMENT 078 s CITY OF LA QUINTA 07/01/2008-0113112009 OTHER CITY FUNDS ADJUSTED REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET COMMUNITY CENTER PROGRAM COSTS 0.00 000 0.00 000 TRANSFER OUT 0.00 000 0.00 0.00 TOTAL COMMUNITY CENTER . STREET FACILITY PROGRAM COSTS 000 0.00 000 0.00 TRANSFER OUT 2484,56300 4,775.00 0.00 2,479,788.00 TOTAL STREET FACILITY PARK FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 000 0.00 0.00 0.00 TOTAL PARK FACILITY FIRE PROTECTION INTEREST ON ADVANCE 23,125 00 11,401.81 0.00 11,723.19 TRANSFER OUT 1,400,00000 000 000 1,400,000.00 TOTAL FIRE PROTECTION DIF ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 30,000.00 4,215.00 0.00 25,785.00 OPERATING EXPENSES-APP 6,200.00 2,18220 0.00 4,017.80 ART PURCHASES 260,000.00 20,00000 0.00 240,000.00 TRANSFER OUT 400000.00 0.00 0.00 400,000.00 TOTAL ART IN PUBLIC PLACES FgU CAPITAL IMPROVEMENT FUND PROJECT EXP 119,520,754.00 17,129,587 14 106,782 43 102,284,384 43 PROJECT REIMBURSEMENTS TO GEN FUND 1,007,465.00 113,23725 0.00 894,22775 TRANSFER OUT 0.00 000 0.00 0.00 TOTAL CAPITAL IMPROVEMENT EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 878,646.00 91,521 30 66,225.30 720,899.40 TRANSFER OUT 0.00 000 0.00 0.00 TOTAL EQUIPMENT REPLACEMENT FUND . INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 127'27.00 177,02927 0.00 450,797.73 TOTAL INFORMATION TECHNOLOGY FUND PARK MAINTENANCE FACILITY OPERATING EXPENSES 87,565.00 49,380.38 1,088.37 37,096.25 TRANSFER OUT 0.00 000 0.00 0.00 TOTAL PARK MAINTENANCE FAG SILVERROCK GOLF OPERATING EXPENSES 4,444,67200 2,344,827.92 000 2,099,844.08 TRANSFER OUT 74,899.00 0.00 0.00 7489900 TOTAL SILVERROCK GOLF SILVERROCK GOLF RESERVE TRANSFER OUT 000 000 000 0.00 TOTAL SILVERROCK GOLF RESERVE LA QUINTA PUBLIC SAFETY GUN (RIBUTIU TOTAL LA QUINTA PUBLIC SAFETY 2,000.00 0.00 0.00 2,000.00 079 10 w4li FM OF I> COUNCIL/RDA MEETING DATE: March 17, 2009 ITEM TITLE: Denial of Claim for Damages Filed by State Farm Insurance/Jane Chiste; Date of Loss — October 9, 2008 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: _ Deny the Claim for Damages filed by State Farm Insurance/Jane Chiste; Date of Loss — October 9, 2008. FISCAL IMPLICATIONS: The total amount of the claim is approximately $500,000 to $750,000. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by State Farm Insurance on behalf of Jane Chiste with a reported date of loss of October 9, 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 State Farm Insurance/Jane Chiste with a reported date of loss of October 9, 2008; or lil 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, �/ /� Bret M. Plumlee, Assistant City Manager — Management Services Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. State Farm Insurance/Jane Chiste, Claim for Damages 081 FUWrrH: CLAIM FOR DAMAGES ply CLERK'S OFFICE CAyotLaQuhde TO PERSON OR PROPERTY P.O. Box 1504 uOAtkCA92253 NSTRWM 1. CMm(adaab.*7foPmm^ampwsaW PMWVmm3lbafdedmtletarAmns6cmodhsatEer thdca= rdmn ( bmW § mbeAkdnotlabrtlmntyearaperlheoocwmae.(Gor. 2 Clahnatordmrmges Cade 9 erl2) 3. Read wftdelmbmbetore4m otacdderd 4. SeepM2(ardlapramapan 2ldbolbm. S.7Madalmtammustbeeiprmd Pepe & Ate eepgw0 jwets, Anaoesgwy, b gW 1 A agues. SARI EACH SHEET. —Badness Pddress of (��t n Give address end IBM mpdn aabrx s lL-_ RESERVE FOIR FlM S r nasr T 1 CLAIM NO.______,- — 2 a q') � c < Cm x r O 1 N rn n X r— Ca m p _ 3 m 5 B Dos bbegold C 2 yA- 51(o Dale: 0 t) Thee: / Ifr- d /% jaahrl Istor Equitable NOW 9NOd* / d*otserved VA the con#A t Date: Where did DAMAGEor IWURY occur? OesaPoe $*. and taCBIs on diagram on reverse Bldg of tlds sheet Where spprop • 9"a andaddressandmews istremlandmahs: ( !/"— ✓i' A E ote- -o Deaalbe In dell haw the DAMAGE or IWURY occurred. 4, /� O ✓� # / „ D 0 � 93 0 2 %L Qt/rYt % p ✓) fzI0 !L iLI/9a /� S$ KI-6�`'"'�' e r-1- sk- Oa s ma t a n c( Cows e cur n ''-rl /6 WQShr�.y�vrl. y do you aarm am 9" 019%w ..• _ P60p- d,051'P Of ink s� N Desodbe m esme ems" n.+" — ­­_ .__ MR, DEMa(10 6ms4w_rn. d a -lAu� reao v-�d swrl"6" I , -y��L" �'w• I... - m 32 The amomtdatrned, as of the data of pesentalm of ft claim, is imputed s hlu d prospec5ve damages as fazes browan: Damages maned ID date (execq 1 d s 4' a ki ks Fubre br medial end hem care .E ti Damage to properly ............... I .... $ n Fukn bss of earrnings ....................E EqwwS to aradkW and WOW cam ..... $ _ Onnerprospecfvespecfaldamages..........E Lossofeembp ...... :................. E Spadel damages to ..................... E � _�. PtTowl once general damages ..............E Tohal estimated prospedlve damages .......5 S General damages ....................... $ `� gSo a K to% Total damages lnamed b data .......... b Told amorent dabrad as oldel a of pmsemtation of this $ Was damageandlor"Investigated byPoke9 es iso,whatdhR La err Were paramedIcsaram Wbm u&V if so, name cky or ambulance Skid,stabdaw,fura�r�oaenaaddressr�°f.�:��lil �._, .� WITNESSES b DAM Mor INJIAtY: Listd persons and addresses of persons faawn b have infamaflom: Name - --Address Name Name Address Gr'•:i.7 DOCTORANDHOSRTALS: PhoneHospital Address Fbone Doebr Address Plane Doctor Address READ CAREFULLY ,r "otmomaeatareeodderd FoeaasideidalmPlaoeanlo0owhgdfearamrmraedabeds.h�dlrgNarlai. aodOddbpY41•and bce6anotyawaelforYOU East Swft And west Indicala pleoe of sodderd by 19 and by Wpm" horse byB-P and the POND of knpadby w nunto ordblwmbf6eatoorrerA RCnyVelddawokwdrod.draia0eby �ype w ClV Vdi a when y I* saw and V Obn Of me Of sWed by NOTE ddmnL B s slHrh herdo a props diagram ww CURB PARKWAY SIDEWALK 7 fl� 10 nIDmgonnouaw��y�.��a.o••,••••�••T e5vtrc -- IerS �(-�� C CURB F- J// -710 083 C&hw44Q" COUNCIL/RDA MEETING DATE: March 17, 2009 ITEM TITLE: Adoption of a Resolution Amending the Ticket Distribution Policy RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _r CONSENT CALENDAR: c7 STUDY SESSION: PUBLIC HEARING: Adopt a resolution amending the City of La Quinta's Ticket Distribution Policy relating to the distribution of tickets and passes to public officials. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In December of 2008, the Fair Political Practices Commission (FPPC) amended Regulation section 18944.1, which governs the distribution of tickets received by public agencies and distributed to, or at the behest of, public officials. This was done in response to certain highly publicized situations, such as one involving the City of Anaheim, where the City owns various sporting and event venues and routinely had distributed a large number of tickets to the city officials for their use or for their further distribution. FPPC Regulation 18944.1 now requires that unless the officials report the value of the tickets or passes they receive from an agency as income, the tickets may only be distributed in accordance with an officially adopted policy requiring that the distribution of tickets and passes accomplish public purposes of the agency. To ensure that the distribution and use of the tickets and passes accomplish a public 084 purpose, and that the distribution and use of tickets are made known to the public, public agencies must adopt a written policy outlining the public purposes that can be served by the distribution and use of the tickets and passes. This policy must be posted on the City's website. In addition, all of the tickets distributed pursuant to the policy must be accounted for on a very detailed reporting form, which tracks the number of tickets or passes, who they were distributed to, their value, and the public purpose served by the distribution and use by public officials. The City Manager or his designee will be responsible for completing, verifying and posting the forms on the City's webpage. For further information regarding limitations placed upon this policy, please review the Staff Report prepared for the January 20, 2009 City Council meeting. On January 20, 2009, the City Council voted to adopt a Ticket Distribution Policy. Based upon further review of the regulations and discussions with the FPPC, the City Attorney's Office is recommending some minor modifications to the Policy. Most significantly, Section 4.p. has been added relating to the promotion of intergovernmental relationships. Additionally, the proposed amendment will expressly indicate that on certain occasions, a spouse or designated non -spouse may receive one ticket for the purpose of encouraging the public official's attendance at events that meet the purposes of the Policy. If a ticket for a spouse or designated non -spouse is not used by that person, it must be returned to the City. The Resolution adopting the amended Ticket Distribution Policy is attached. DINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a resolution amending the City of La Quinta's Ticket Distribution Policy relating to the distribution of tickets and passes to public officials; or 2. Do not adopt a resolution amending the Ticket Distribution Policy; or 3. Provide staff with alternative direction. Respectfully submitted, Bret M. Plumlee Assistant City Manager — Management Services 085 Approved for submission by: Al Thomas P. Genovese, City Manager 086 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING AN AMENDMENT TO THE CITY'S TICKET DISTRIBUTION POLICY WHEREAS, on January 20, 2009, the La Quinta City Council adopted Resolution No. 2009-005, adopting a Ticket Distribution Policy; and WHEREAS, the City Council desires to amend Section 4 of the Policy to add paragraph 4.p., relating to the promotion of intergovernmental relationships; and WHEREAS, from time to time the City of La Quinta (the "City") receives event tickets and/or passes from public and private entities and individuals; and WHEREAS, such tickets and/or passes are public resources; and WHEREAS, the City desires to use such tickets and/or passes to further governmental and public purposes, such as the promotion of City businesses, resources, programs, and facilities; and WHEREAS, the furtherance of governmental and public purposes may require the distribution of said tickets and/or passes to "public officials," as that term is defined by Government Code section 82048 and Fair Political Practices Commission Regulation 18701; and WHEREAS, the City desires to amend this Policy to allow, on occasion, distribution of a ticket to a spouse or specifically designated non -spouse for the purpose of accompanying the official to a Policy -approved function if the Agency Head determines that attendance of that person will facilitate and encourage the participation of public officials at events where there is a governmental or public purpose; and WHEREAS, Fair Political Practices Commission Regulation 18944.1, subdivision (c) requires that any distribution of tickets and/or passes to, or at the behest of, City officials must be made pursuant to a duly adopted written policy if such distribution is made under Fair Political Practices Commission Regulation 18944.1, subdivision (b)(2); and WHEREAS, Fair Political Practices Commission Regulation 18944.1, subdivision (b)(2) pertains to the City's receipt of equal or greater value in exchange for the distribution of a ticket and/or pass to its officials. p8I Resolution 2009- Amended Ticket Distribution Policy March 17, 2009 Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, that the City of La Quinta hereby adopts the following amended Ticket Distribution Policy: City of La Quinta Ticket Distribution Policy 1. Definitions. a. "City" shall mean and refer to the City of La Quinta. b. "City Official" shall mean and refer to the City's "public officials", as that term is defined by Government Code section 82048 and Fair Political Practices Commission Regulation 18701. C. "FPPC" shall mean and refer to the California Fair Political Practices Commission. d. "Policy" shall mean and refer to this Ticket Distribution Policy. e. "Ticket" or "ticket" shall mean and refer to a "ticket or pass" as that term is defined in FPPC Regulation 18944.1, as amended from time to time, but which currently defines a "ticket or pass" as admission to a facility, event, show, or performance for an entertainment, amusement, recreational, or similar purpose. 2. Purpose of Policy. The purpose of this Policy is to ensure that all tickets the City receives from public and private entities and individuals are distributed in furtherance of governmental and/or public purposes. 3. Limitation. This Policy shall only apply to the City's distribution of tickets to, or at the behest of, a City Official or to a spouse or designated non - spouse who's attendance encourages the participation of the City Official. 4. Ticket Distribution Public Purposes. The City may accomplish one or more of the following governmental and/or public purposes through the distribution of tickets to, or at the behest of, a City Official or to a spouse or designated non - spouse who's attendance encourages the participation of the City Official. The following list is illustrative rather than exhaustive: a. Promotion of business activity within the City. »... 088 Resolution 2009- Amended Ticket Distribution Policy March 17, 2009 Page 3 b. Promotion of City -owned businesses. C. Promotion of community resources available to City residents, including charitable and nonprofit organization resources. d. Promotion of City resources available to City residents. e. Promotion of community programs available to City residents, including charitable and nonprofit organization programs. f. Promotion of City -run, sponsored or supported community programs. g. Promotion of private facilities available for City resident use, including charitable and nonprofit organization facilities. h. Promotion of City facilities available for City resident use. i. Promotion of City growth and development. Promotion of the City -owned Silver Rock Resort. k. Promotion of the Bob Hope Classic to the extent any portion of the events comprising the Bob Hope Classic occurs within or adjacent to the City's boundaries and may benefit City businesses and/or the City's reputation. I. Promotion of City tourism on a local, state, national or worldwide scale. M. Promotion of City recognition, visibility, and/or profile on a local, state, national or worldwide scale. n. Promotion of open government by City Official appearances, participation and/or availability at business and/or community events. o. Increasing public exposure to, and awareness of, the various the public recreational, cultural, and education facilities available to the public within the City of La Quinta, including, but not limited to, the public recreational facilities located at SilverRock Resort, the La Quinta Library, the La Quinta Museum, the Senior Center, the Civil Center Campus, and the La Quinta parks. P. Promoting the improvement of intergovernmental relations by encouraging the members of the City Council and the City Staff .... 089 Resolution 2009- Amended Ticket Distribution Policy March 17, 2009 Page 4 to attend functions and events with the public officials of other entities, thereby fostering an open dialogue and better understanding of intergovernmental issues. 5. Additional Ticket Distribution Public Purposes Related to the Bob Hope Classic. Participation by City Officials in the ticketed events and activities hosted by the Bob Hope Classic is important to provide an opportunity for City leaders to be involved in the City's largest special event. By attending the week long activities, included ticketed activities, City Officials have the ability to meet and greet residents and visitors to the City. Moreover, City Officials are accountable for the funding and support that the City contributes to the Bob Hope Classic, and therefore attendance at ticketed events is necessary for City Officials to provide suggested improvements to the Bob Hope Classic Board of Directors and City staff that will enhance and improve the overall event and its economic and public impact on the City. 6. Public Purpose Requirement. The distribution of any ticket by the City to, or at the behest of, a City official shall accomplish a governmental and/or public purpose. 7. Transfer Prohibition. The transfer by any City Official of any ticket distributed to such City Official pursuant to this Policy to any other person, except to members of the City Official's immediate family for their personal use, is prohibited. If a City Official is provided a ticket for use by a spouse or designated non -spouse, that ticket must be used by the designated party; if it is not, it must be returned to the City. 8. Website Posting. This Policy shall be posted on the City website in a prominent fashion. 9. Website Disclosure. The distribution of a ticket or tickets pursuant to this Policy shall be posted on the City website in a prominent fashion within thirty (30) days after the ticket distribution. Such posting shall use FPPC California Form 802 or such alternate form as from time to time the FPPC may designate. 10. Designation of Agency Head. For the purpose of implementing this policy, and completing and posting the FPPC California Form 802, the City Manager or his designee shall be the "Agency Head." PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 17th day of March, 2009, by the following vote to wit: UVA *-1; NOES: 090 Resolution 2009- Amended Ticket Distribution Policy March 17, 2009 Page 5 ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 091 5 �FM oe mow COUNCIL/RDA MEETING DATE: March 17, 2009 AGENDA CATEGORY: BUSINESS SESSION: _ ITEM TITLE: Approval of City's Consent to a Fee -sharing CONSENT CALENDAR: Agreement between Kiesel, Boucher & Larson, LLP and Baron & Budd, P.C. in the Case of City of La Quinta v. STUDY SESSION: Hotels.com, et. Al PUBLIC HEARING: RECOMMENDATION: Approve the City's consent to a fee sharing agreement between Kiesel, Boucher & Larson, LLP and Baron & Budd, P.C. in the case of City of La Quinta v. Hotels.com, et al. FISCAL IMPLICATIONS: None CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: In September 2007, the City Council approved a legal services agreement ("Agreement") between Kiesel, Boucher & Larson, LLP, Baron & Budd, P.C. (collectively, "Special Counsel") and the City of La Quinta ("City") to have Special Counsel represent the City in legal matters related to the non-payment or underpayment to the City of transient occupancy taxes by online booking companies such as Hotels.com, Expedia.com, Travelocity, and others. 092 The Agreement stated that Special Counsel would be compensated on a contingency fee basis. In short, if Special Counsel is successful in obtaining and collecting a recovery for the City, whether by settlement, arbitration award, Court judgment or otherwise, Special Counsel will receive attorney's fees in an amount determined by the Court but in no case more than thirty percent (30%) of the amount recovered on behalf of the City ("Contingency Fee"). This item is before the City Council to notify Council that Special Counsel (that is Kiesel, Boucher Larson, LLP and Baron & Budd, P.C.) have agreed to split evenly the Contingency Fee between themselves on a 50%/50% basis. The fee sharing agreement now before the City Council for approval in no way impacts the amount of the Contingency Fee paid by the City, but is merely meant to comply with disclosure and client consent requirements of California State Bar fee sharing regulations. City staff is seeking City Council's approval of the City's consent to a fee sharing agreement attached hereto as Attachment 1. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the request to confirm the City's consent to a fee sharing agreement between Kiesel, Boucher & Larson, LLP and Baron & Budd, P.C; or 2. Do not approve the request to confirm the City's consent to a fee sharing agreement between Kiesel, Boucher & Larson, LLP and Baron & Budd, P.C; or 3. Provide staff with alternative direction. Respectfully submitted, — '47 1;�,7 /J.,� Bret M. Plumlee, Assistant City Manager — Management Services .... 093 Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Letter from Baron & Budd, P.C. E 094 Attachment 1 L R ON t_9 D E) February 24,2009 Mr Bret Plumlee Assistant City Manager City of La Quinta P.O Box 1504 La Qutnta, CA 92247 !3 ( un Re City of La Quinta v. Hotels corn, et al Dear y1r Plumlee In order to ensure compliance with CAL R PP,01� C(,)N1H)C.7 2-200, we are seeking to memos ialize the City's consent to the fce-shai ing agreement between Kiesel, Boucher & Larson, LIT ("KBI,") and Baron & Budd, P C (" B13") in the above -referenced litigation As co -counsel, KBL and BB have agreed to share any attorneys' fees recovered in connection with the litigation, with 50 percent to KBL and 50 pet cent to BB, after the reimbursement of any outstanding expenses and any payments to local or referring counsel This allocution does not in any Keay aftect the total anxwunt of attorneys' fees; which will be governed by our agreement with the City If the City consents to this shining of fees, please limc an appropriate representative sign in the space indicated below and return to nu in the enclosed envelope If you hav e any qucsticnts or concerns about this allocation; please feel tree to call me at your convenience LAP/ktj Enclosure AGREED DA,rfi Yours eery truly; Lance A. Pool r I X 4 S I C-^L!I•R:tA IdCtSIA-1: 0 H 1 J 095 Titf 4 4 a" COUNCIL/RDA MEETING DATE: March 17, 2009 ITEM TITLE, Approval of Request for Proposals for Engineering and Design Services for the Field Lighting at Colonel Paige Middle School RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Request for Proposals (RFP) for Engineering and Design Services for the Field Lighting at Colonel Paige Middle School. FISCAL IMPLICATIONS: The design services will be funded using Quimby Funds available in the Capital Improvement Program (Account No. 220-0000-290.00-00). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Due to the popularity of youth soccer and the increasing demand for field space in the City, staff has been researching opportunities for additional fields to be used by the local youth sports associations. In 2006, staff began discussions with the Desert Sands Unified School District (DSUSD) for the use of the sports fields at the new Colonel Paige Middle School. The purpose of these discussions was to alleviate the high impact field usage at La Quinta Park. A DSUSD facility use contract (rental agreement) was approved in 2007 to utilize the Colonel Paige Middle School soccer fields. The contract allows the AYSO to use the fields for 90 hours at $25 per hour charged to the City. This contract is currently subject to annual renewal. 096 The La Quinta AYSO moved their youngest divisions (ages 5-9) to the Colonel Paige Middle School site and began conducting practices and games on Saturdays. Due to the short days in the Fall and the lack of lighting, the younger age divisions are not able to use the Colonel Paige Middle School fields for practice during soccer season on the weekdays. DSUSD is willing to allow the City to install sports field lighting at the Colonel Paige Middle School and enter into a MOU between DSUSD and the City. If approved by the City Council, staff will advertise a Request for Proposals for Engineering and Design Services for the Field Lighting at Colonel Paige Middle School. The selected contractor will be responsible for working with the City and School District to provide all information necessary for CEQA and DSA approval. The City Manager intends to appoint a Selection Committee consisting of the following members: Bryan McKinney, P.E., City of La Quinta; Steve Howlett, Golf & Parks Manager, City of La Quinta; Steve Ricci, Desert Sands Unified School District; and Nick Nickerson, NIA Consulting. If the City Council wishes to appoint a different selection Committee, the Committee would be subject to the Brown Act unless the Committee consists solely of two Council Members. The bids for the contract will be ranked by the selection committee. The Committee will use ranking sheets worth 100 points. Up to 10 points on the ranking sheet will be given to bidders who qualify as local contractors. The RFP is attached for City Council review (Attachment 1). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Request for Proposals for Engineering and Design Services for the Field Lighting at Colonel Paige Middle School; or 2. Do not approve a Request for Proposals for Engineering and Design Services for the Field Lighting at Colonel Paige Middle School; or 3. Provide staff with alternative direction. Respectfully submitted, Edie Hylton Community Services Director -,.... 097 Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Request for Proposals 098 REQUEST FOR PROPOSALS PROFESSIONAL ENGINEERING AND DESIGN SERVICES SOCCER FIELD LIGHTING COLONEL PAIGE MIDDLE SCHOOL The City of La Quinta ("City") requests proposals from qualified professional engineering consultants to prepare plans, specifications, and estimates (PS&E) suitable for submission to the Division of State Architect (DSA) for new soccer field lighting for three (3) 325' x 195' soccer fields at Colonel Paige Middle School. Designs shall be in conformance with applicable Title 24 requirements. The Consultant selected for this project must have previous experience with DSA submittals, a working knowledge of the California Government Code, Education Code, Field Act, California Building Code, and all other applicable codes and referenced standards, and must be in compliance with the Practice Act applicable to licensure. The design consultant will be responsible for preparing the project plans, providing an itemized engineer's estimate, bid schedule, bid item descriptions, payment methods, and technical provisions. Technical provisions and bid items shall contain all applicable DSA inspection requirements. Samples of specification formats used for City construction projects are available for review at the City Public Works/Engineering Department. The City will supply the remainder of the project bid documents. Services Requested Services and products to be rendered in performing all work associated with project development may include, but may not be limited to: • Perform appropriate engineering study to verify Musco equipment recommendations (Attachment 1). • Perform appropriate engineering related field survey, and prepare the base map The base map will include all above ground and below ground utilities and potential obstructions. The existing irrigation system shall also be considered (Attachment 2). • Perform utility coordination, identify points of connections, and obtain clearances. • Prepare project plans, specifications (including photometrics), and engineer's estimates of probable construction costs. • Plans will likely include Title Sheet with construction notes, Lighting Plan(s), Control Plan(s), and necessary construction details. • Project Specifications and Bid Documents will likely include the detailed project l,.., . , 099 Page 1 of 5 description, preparation of bid schedule, bid item descriptions, payment methods, special provisions, technical specifications, DSA requirements, and any specification details or standard plans. • Project coordination will include an appropriate number of meetings with the City, Desert Sands Unified School District (DSUSD), and Colonel Paige staff. The consultant may be required to attend City Council or School Board meetings. The design consultant will be expected to attend the pre -bid meeting and will respond to contractor requests for clarification during the bid process. The design consultant will also be required to respond to requests for information and provide clarification of questions relating to its plans during the construction phase. • The City has identified Musco Sports Lighting of Irvine, California as a suitable supplier of lighting fixtures and controllers for this project. Musco currently operates and supplies lighting for two City sports facilities. Musco has completed preliminary studies of the lighting requirements and has identified "Green Lighting" equipment suitable for the application. The selected consultant will be expected to work closely with Musco regarding recommended equipment. However, specifications will be prepared specifying Musco or approved equal. Project Development Process 1. Pre -Design Meeting Initial meeting between the consultant, City, DSUSD and Colonel Paige staff to clarify project design objectives and requirements. 2. Agency Approval A. Consultant will submit to the City and DSUSD all plans, specifications, and estimates, and/or other necessary documents required to obtain approval. At a minimum, the consultant should plan for the following plan check submittals: (1) 1 st Review - Concept Review (2) 2nd Review - 85-90% Check Plans & Specs (3) 3rd Review - 100% Check Plans, Specs, & Engineer's Estimate (4) 4th Review - Preliminary Final (screen check) B. City and DSUSD approved 100% Plans, Specifications, & Engineer's Estimate shall be submitted to DSA for review. Consultant shall be responsible for obtaining the required Project Tracking Number prior to document submittal and shall respond to any comments or changes recommended by DSA as a result of their review. C. DSA approved PS&E will be submitted to the City Council for approval. D. All approved plans will be provided to the City on compact disk in AutoCAD 2008 or higher format, as well as on "D" size Mylar. Specification documents, including technical specifications, will be 100 Page 2 of 5 provided on digital medium disks in Microsoft Word for Windows format. The Engineer's estimate will be provided in Excel for Windows format. 3. Bidding Phase The consultant will be expected to provide assistance in preparing the necessary documents and coordinate advertisement of the project for bid. Technical support during the bidding and award process will also be required. 4. Construction Phase The consultant will provide assistance during the construction phase. This assistance will include responding to requests for information and responding to contractor requests for clarification. 5. Proposal Format Proposals (work proposal and cost proposal) are to be submitted in separate envelopes clearly marked with the consultants name, address and phone number. Only one proposal per consultant will be considered. Proposal packages are to be submitted to the City on/or before April 20, 2009 at/or before 5:00 p.m. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: Steve Howlett, Golf & Parks Manager City of La Quinta Community Services Department 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92247-1504 Consultants are encouraged to keep their proposals brief and relevant to the specific work required. Proposals shall include the following items: 1. Work Proposal (envelope 1) - submit 4 copies A. Cover Letter (1) The name, address, and phone number of the consultant's contact person for the remainder of the selection process. (2) Any qualifying statements or comments regarding the consultant's proposal, the information provided in the RFP or the proposed contract. (3) Identification of sub -consultants and their responsibilities. B. Statement of Qualifications (1) A listing of proposed project personnel, including personal experiences and individual resumes for prime and sub - consultants. (2) Consultant's and sub -consultant experience with similar Page 3 of 5 " 101 work, including names and current phone numbers of reference for listed projects. C. Project Understanding and Approach A description of your project understanding, and how you will approach the project. D. Scope of Work Program A description of the tasks, sub -tasks, and deliverables that will be provided. E. Project Schedule Time is of the essence. A comprehensive design schedule is to be submitted describing the nature and scheduling of proposed tasks and reflecting May 6, 2009 as the start date. 2. Cost Proposal (envelope 2) - submit 1 copy The consultant is to submit a detailed cost proposal for all services and materials anticipated in completing the project. Man-hours and extended billing rates per classification of personnel will be indicated for each task and/or sub - task defined. Selection Process Work Proposals will be reviewed by a Consultant Selection Committee. The Committee will rank the consultants for contract negotiations based upon the materials submitted within the Work Proposal. The Committee may or may not choose to interview two or more closely -rated firms, but will not expect or schedule time for elaborate presentations. Cost proposals will be opened only after the ranking process is complete. The City will open contract negotiations with the top -ranked firm. The successful consultant will be expected to enter into the Professional Services Agreement presented as Attachment 3. 102 Page 4 of 5 CITY OF LA QUINTA REQUEST FOR PROPOSALS PROFESSIONAL ENGINEERING AND DESIGN SERVICES SOCCER FIELD LIGHTING COLONEL PAIGE MIDDLE SCHOOL The following is a summary of costs to provide the services outlined in the Request for Proposals for professional engineering consultants to prepare the plans, specifications, and engineer's estimate for the Soccer Field Lighting at the Colonel Paige Middle School and will be used as the basis for negotiating a Professional Services Agreement: Work Objectives Proposed Cost 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. TOTAL LUMP SUM FIXED FEE: $ Consultant may include, as many, or as few, work objectives it believes are necessary to complete the project. Attached herein is a detailed man-hour and fee breakdown for the tasks and sub -tasks defined in our proposal. Prime Consultant Date Signed Page 5 of 5 103 ATTACHMENT 1 Colonel Paige Middle School La Quinta, California Date: January 24, 2008 To: Robert Ambriz, Jr. Equipment Description Light -Structure GreenTM System delivered to your site in Five Easy PiecesTM • Pre -cast concrete bases • Galvanized steel poles • UL Listed remote electrical component enclosure • Pole length wire harness • Factory -aimed and assembled luminaires Also Includes: • Energy savings of more than 50% over a standard lighting system • 50% less spill and glare light than Musco's prior industry leading technology • Musco Constant 25T warranty and maintenance program that eliminates 100% of your maintenance costs for 25 years, including labor and materials • Guaranteed constant light level of 30 footcandles for 3 Soccer Fields for 25 years, +/- 10% per IESNA RP- 06-01 • Two group re -lamps at the end of the lamps' rated life, 5000 hours; based on 600 annual usage hours • Reduced energy consumption with an average of 125.12 kW per hour • Control Linke Control & Monitoring System for flexible control and solid management of your lighting system • Lighting Contactors sized for site voltage and phasing Sales tax, wholesaler/contractor mark-ups, DSA inspection fees, labor, and unloading of the equipment is not included as part of this budget estimate. Budget Estimate Musco's Light Structure GreenT as described above and delivered to the job site $245,000 — $255,000 Pricing furnished is effective for 60 days unless otherwise noted and is considered confidential. Colonel Paige BE Paget of 3 104 Musco will attempt to coordinate shipment so that delivery corresponds with the customer's payment schedule. It will be the responsibility of the wholesaler to ensure that Musco is aware of this delivery timeframe. We will expect payment within the terms described above unless there is a written statement from Musco's corporate headquarters stating the acceptance of different terms. Delivery to the job site from the time of order, receipt of submittal approval and stamped/signed approved DSA drawings, contact information for the DSA fabrication inspector, and confirmation of order details including voltage/phase and pole locations is approximately 45 to 60 days. Due to the built-in custom light control per luminaire, pole locations need to be confirmed prior to production. Changes to pole locations after the product is sent to production could result in additional charges. DSA Inspection: The California Building Code, Title 24 requirements, state that a DSA approved inspector be present to inspect pre -cast concrete bases and shop welding during production. DSA also requires that the concrete bases be inspected/tested by an approved laboratory. The DSA website can provide you with a list of approved labs. You may utilize any DSA-approved testing lab and Musco will assist in coordinating the individual inspections of bases and welds. The first inspection generally would be at Cretex Concrete Products North to inspect the pouring of the concrete base. After the bases have been poured, there is a 28-day cure time before they can be shipped to Musco where they will join the remainder of your product and be scheduled for delivery to the job site. During this cure time, the inspection lab will work with Musco to schedule a time for inspection of welds on the poles at Musco Lighting, LLC. If your project is on a tight time frame, there is a DSA approved inspection lab that has independently invested their own time and cost in on -site inspection of concrete bases that are presently in Musco's inventory. These bases will have already passed the 28-day cure time and the inspection house will have the approved lab results for these bases. Musco can provide you with the name and contact information upon request. Musco is providing this for information purposes only and is not involved in the actual contracting of the inspectors or laboratories by the customer. Musco will, however, assist in coordinating the activities required to meet DSA requirements. • Delivery to the job site from the time of order, submittal approval, and confirmation of order details Including voltage and phase, pole locations is approximately 30-45 days. Due to the built-in custom light control per luminaire, pole locations need to be confirmed prior to production. Changes to pole locations after the product is sent to production could result in additional charges. Colonel Paige BE Page 2 of 3 105 Notes Estimate is based on: • Shipment of entire project together to one location • Field size of 325' x 195' for Soccer Field #1 — 30FC with 7.0:1.0 uniformities 325' x 195' for Soccer Field #2 — 30FC with 4.0:1.0 uniformities 325' x 195' for Soccer Field #3 — 30FC with 4.0:1.0 uniformities • Structural code and wind speed = 2007 CBC, 85 MPH, Exposure C. 'Please verify this information as any variations to this may affect pole sizing. • Confirmation of pole locations prior to production Thank you for considering Musco for your sports -lighting needs. Please contact me with any questions. Mike Higgins Field Sales Representative Musco Sports Lighting, LLC 15311 Barranca Pkwy. Irvine, CA 92618 Phone: 949-754-0503 E-mail: mike.higgins@musco.com Fax: 949-754-0637 Ashley Wadlow Sales Coordinator Musco Sports Lighting, LLC 2107 Stewart Road Muscatine, Iowa 52761 Phone: 800-754-6025 ext.4042 E-mail: ashley.wadlow@musco.com Fax: 800-374-6402 Colonel Paige BE Page 3 of 3 106 5 : 3 e g \ « 0 � � w s a § w k 22 � \\ \_m ) / A 101 W Z O N N N M M M M M N O r 2 0 U � N Oa Z Oi o 0 0 0 0 0 0 0 0 0 0 O FQ M M M M M M M M M M M N Zy UN m > a am a J� d7 N c0 R O N N aD V ap a .r- C C= LL y � X Oo _ #LL V of U u2 0 0 0 0 0 0 o 0 0 O 0)co 0 0 0 w 0 W w N y y N :01 N M V ,O t0 M fp 1� OJ Ol to N N N N N fA N fq Vl V1 a U E a n y E o c T `o mE a y V EL C y E y c = = E a m $ m 0 U c C n N -2 Em m m a L'� ELL 10 O w TL g g u oa o m c c E o c w m 2 E 2 u o m am 2 cuiLE y6 O L UI - C O m y O m m O Qim O O m m«o.y w2m F y m C N'j'O o. �mc m vvvE umi m m t 5 m 2 as t da3 �' ao'om (A y16 Oc. 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I � � ( -�& . & �, skeo 119 q q' . 120 ATTACHMENT 3 PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and (Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to Traffic Engineering Services, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "Services" or "Work"). Consultant warrants that all Services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such Services. 1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the Services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the Work to be performed, (b) it has investigated the site of the Work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the Work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the Work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work and Standard of Work. a. Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the Work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by City, except such losses or damages as may be caused by City's own negligence. The performance of Services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective Work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. 121 b. Standard of Work. Consultant acknowledges and understands that the Services and Work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's Services and Work will be held to a heightened standard of quality and workmanship. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant may be asked to perform services in addition to those specified in the Scope of Services. Any such request to perform additional services shall be accomplished by a mutually agreed upon amendment to the Scope of Services, and shall not necessitate an amendment to this Agreement. Additional compensation for the requested additional services not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Dollars ($) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Consultant is responsible for payment of any reproduction costs, transportation expense, telephone expense, and similar costs and expenses associated with performance of the provisions of this Agreement. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for Services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the Services provided, including time and materials, and (2) specify each Consultant employee who has provided Services and the number of hours assigned to each such Consultant employee. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for Work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 3.0 PERFORMANCE SCHEDULE 122 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. The term of this Agreement shall commence on July 1, 2009 and terminate on June 30, 2010 (Initial Term). This Initial Term may be extended for one additional year upon mutual agreement by both parties (Extended Term). Unless earlier terminated in accordance with Sections 7.7 of this Agreement, this Agreement shall continue in full force and effect until completion of the Services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Work specified herein and make all decisions in connection therewith: a. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principal was a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. The foregoing principal may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson, Public Works Director/City Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the 123 Contract Officer is kept informed of the progress of the performance of the Services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Assignment. The experience, knowledge, capability and reputation of Consultant, its principal and employees were a substantial inducement for City to enter into this Agreement. Accordingly, Consultant shall not assign any of the Services required hereunder, or delegate the performance of any of his duties hereunder, without the prior written consent of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written consent of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the Services required herein, except as otherwise set forth. Consultant shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to Services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the Services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence w. 124 Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the Services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of "A" or better and a minimum financial size VII. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. a. General Indemnification Provision. 1. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest 125 extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional Services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 4. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this Agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the 126 liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Design Professionals. 1. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 5.2(b)(3) below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 5.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop Work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of Work under this Agreement. .. 127 5.4 General Conditions pertaining to provisions of insurance coverage ov Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no 128 obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City, If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer progress reports concerning Consultant's performance of the Services required by this Agreement. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such Services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and •. 130 free access to such books and records at all reasonable times during regular business hours, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall, to the extent permitted by law, be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause 131 and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement pursuant to Section 7.7. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the Services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement. City reserves the right to terminate this Agreement upon Consultant's default or failure to perform the duties or obligations imposed by the terms of this Contract, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.8 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall 132 be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: To Consultant: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 133 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager ATTEST: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: By: Name: Title: President Date: Exhibit A Scope of Services 134 Consultant shall provide traffic engineering services for the City to include, but not be limited to, the following: 1) Identify and develop solutions for and advise City staff on addressing and responding to citizen requests. 2) Provide technical assistance for traffic signal design and operations. 3) Develop traffic and parking control signage and marking plans. 4) Develop alternative traffic calming plans to address neighborhood traffic issues. 5) Review development plans including environmental impact reports and impact studies for potential traffic issues and advise City on possible solutions. 6) Attend meetings with the Planning staff to address issues associated with development projects. 7) Attend City Council and Planning Commission meetings if requested. 8) Review traffic collision and other police reports and advise City staff on traffic issues involved. 9) Implement mitigation measures identified in the Annual Safety Report. 10) Assist in the preparation of grant applications for funding capital projects. 1 1) Provide input during the preparation of the Traffic Section's annual operating budget. 12) Provide input during the preparation of the Capital Improvement Program Budget. 13► Work with adjacent cities to coordinate traffic flow along shared corridors such as Washington Street, Jefferson Street, Hwy 1 1 1 and Fred Waring Drive. 14) Assist City in preparing informational brochures for the public. 15) If requested, assist City in preparing an annual traffic safety report. 16) Assist City's Traffic Signal Technician with signal timing and signal communications, central computer signal system, data collection, report preparation and signal/striping plan layout and plan check. 17) Provide technical input to the Assistant Engineer assigned to the Traffic Division with signing and striping changes, issuing work orders to address citizen requests, signal equipment upgrades and parts, collision analysis, speed limits, traffic volume data and other work performed by the Traffic Division staff. This Scope of Services may be amended upon mutual agreement of the City and Consultant, pursuant to the terms and conditions of the foregoing Section 1.6. 135 Exhibit B Schedule of Compensation Payment shall be in full at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. Total compensation for all Work under this contract shall not exceed $ except as specified in Section 1.6 - Additional Services of the Agreement. Professional Staff Principal Schedule of Billing Rates Hourly Rates Upon receipt by City and under separate invoice, the Consultant shall provide the traffic engineering support services at the following rates: Support Staff Hourly Rates 136 Exhibit C Schedule of Performance 137 a N OF7 COUNCIL/RDA MEETING DATE: March 17, 2009 ITEM TITLE: Approval of Second Reading and Adoption of Ordinance No. 464, Amending Title 2, Chapter 2.70, Section 2.70.010, Relating to the Investment Advisory Board. RECOMMENDATION: Adopt Ordinance No. 464 on second reading. FISCAL IMPLICATIONS: CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: On March 3, 2009, the City Council moved to take up Ordinance No. 464 by title and number only and waive further reading. The City Council further moved to introduce Ordinance No. 464, as amended, on first reading. The motion to introduce Ordinance No. 464 carried by the following vote: AYES: Council Members Franklin, Henderson, Kirk, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None Attachment 1 is memorandum from John Falconer, Finance Director, on behalf of the IAB Board Members entitled, "Reconsideration of Ordinance Change Amending Section 2.70.010 of the La Quinta Municipal Code Relating to the Investment Advisory Board." •• 138 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt Ordinance No. 464 on second reading. 2. Do not adopt Ordinance No. 464 on second reading; or 3. Provide staff with alternative direction. Respectfully submitted, Veronica J. ntecino, CIVIC, City Clerk Approved for submission by: /Int—IzP 4- Thomas P. Genovese, City Manager Attachment 1: Memorandum dated March 12, 2009 from John Falconer, Finance Director •. 139 ORDINANCE NO. 464 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTION 2.70.010 OF THE LA QUINTA MUNICIPAL CODE RELATING TO THE INVESTMENT ADVISORY BOARD THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION I. That Chapter 2.70, Section 2.70.010 Item C of the La Quinta Municipal Code is hereby amended to read as follows: C. Applicants for the board should have a verifiable background in finance and/or securities, preferably with knowledge and/or experience in markets, financial controls and accounting for securities. Background information will be requested and potential candidates must agree to a background check and verification. SECTION II. That Chapter 2.70, Section 2.70.010 of the La Quinta Municipal Code is hereby amended to add Section 2.70.010 item E as follows: E. To promote continuity, the expiration of the terms of the members of the board shall be staggered. The term of service is three years, with the terms of one or two members expiring each year. SECTION III. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION IV. POSTING: The City Clerk shall within fifteen (15) days after passage of this Ordinance, cause it to be posted in at least three (3) public places designated by resolution of the City Council; shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinance of the City of La Quinta. PASSED, APPROVED AND ADOPTED this 17`" day of March, 2009 by the following vote: AYES: Council Members NOES: None ABSTAIN: None ABSENT: None 140 Ordinance No. 464 Amending Section 2.70,010 Re: Investment Advisory Board Adopted: March 17, 2009 Page 2 DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney 141 ATTACHMENT 1 TO: FROM: VIA: DATE: T4ht 4 4 Q" MEMORANDUM Honorable Mayor and Members of the City Council John M. Falconer, Finance Director/ Treasurer Thomas P. Genovese, City Manager A March 12, 2009 SUBJECT: Reconsideration of Ordinance Change Amending Section 2.70.010 of the La Quinta Municipal Code Relating to the Investment Advisory Board (IAB) The IAB met at their March 11, 2009 meeting and discussed the Ordinance change to Section 2.70.010, which will be on the consent calendar for second reading on the March 17, 2009 City Council Agenda. The IAB is recommending a change to the Ordinance from the First Reading as follows: SECTION I. That Chapter 2.70, Section 2.70.010 Item C of the La Quinta Municipal Code is hereby amended to read as follows: C. Applicants for the board should have experience a—ve;f able baekgFeuad in finance and/or securities, preferably with knowledge and/or experience in markets, financial controls and accounting for securities. Background information will be requested and potential candidates must agree to a background check and verification. The IAB stated that the word "verifiable" is already in the second sentence of Section I. Item C and should be replaced with the word "experience". In addition, the Board believes that with the word "verifiable", in both the first and second sentence, may discourage applicants from applying. 142 Tihf 4 4 Quha COUNCIL/RDA MEETING DATE: March 17, 2009 ITEM TITLE: Approval of a Ratification of Contract Change Order No. 4 by the City Manager for the Fred Waring Drive Street Improvements, Project No. 2007-06 for Reconstruction of Existing Westbound Travel Lanes to Allow Three Through Lanes of Traffic RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Ratify contract change order (CCO) number 4 in the amount of $275,582 for the Fred Waring Drive Street Improvements, Project No. 2007-06 for reconstruction of the existing westbound travel lane to allow three structurally sound through lanes of traffic between Palm Royale Drive and Washington Street (Attachment 1). 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 CVAG Funding of CCO No. 1-4 $251,631 Total Anticipated Funding: $1,772,049 Based upon the low bid received from Cooley Construction, Inc., in the amount of $1,127,959, the following is the project budget: Professional: Design: $10,750 $105,050 143 Inspection/Testing/Survey: $90,120 Construction: $1,127,959 Contract Change Orders 1-4 $335,508 Administration: $52,000 Contingency: $50,662 Total: $1,772,049 Via email the Coachella Valley Association of Governments (CVAG) has indicated that they will honor any project change orders approved by the City of La Quinta as necessary to complete the Fred Waring Drive Improvement Project, provided the work is in conformance with CVAG policy. CVAG further recommends that the City should wait until the project is completed before submitting a request for any changes in the approved agreement between the agencies. Therefore sufficient funding will be available to fund this contract change order once the change order is submitted and accepted by CVAG. CHARTER CITY IMPLICATIONS: The project is funded largely with non -City funds. As such, the project was bid with prevailing wage requirements. BACKGROUND AND OVERVIEW: On March 18, 2008, the City Council conducted a study session for the purpose of reviewing the proposed Capital Improvement Plan (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 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 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. 144 On October 21, 2008, Cooley Construction, Inc. was awarded the Fred Waring Drive Street Improvements, Project No. 2007-06 in the amount of $1,127,959. It was discovered during the construction of the third westbound through lane between Palm Royale and Washington Street that the interior through lanes and the left turn lanes at Washington were part of the old County of Riverside road system and consisted of 1'/2 to 3 inches of asphalt over native material. Seven corings of the existing road section were taken during design, however none were taken in this particular area. In order to ensure the new six (6) lane section of Fred Waring will last, it was determined that the interior lanes required removal and reconstruction rather than just an overlay of the existing street. This work was not included in the specifications therefore a CCO is necessary in order to pay for this additional work. Per email exchanged between the City and CVAG, CVAG has agreed to "honor any project change orders approved by the City of La Quinta as necessary to complete the Fred Waring Drive Improvement Project, provided the work is in conformance with CVAG policy." The Change order covers additional reconstruction work added to the project to allow three structurally sound through lanes in each direction. This approval of the ratification of CCO #4 by the City Manager is needed to allow the contractor to proceed with construction of the improvements without suffering delays in schedule. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Ratify contract change order number 4 in the amount of $275,582 for the Fred Waring Drive Street Improvements, Project No. 2007-06 for reconstruction of the existing westbound travel lane to allow three structurally sound through lanes of traffic between Palm Royale Drive and Washington Street; or 2. Do not ratify contract change order number 4 in the amount of $275,582 for the Fred Waring Drive Street Improvements, Project No. 2007-06 for reconstruction of the existing westbound travel lane to allow three structurally sound through lanes of traffic between Palm Royale Drive and Washington Street; or 3. Provide staff with alternative direction. 145 Respectfully submitted, othy R. J ass , P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Contract Change Order No. 4 146 ATTACHMENT 1 `"T i V"bf" CONTRACT: Fred Waring Drive Street Improvements Washington Street to Adams Street CONTRACTOR: Cooley Construction, Inc. 17525 Eucalyptus Street, Suite G Hesperia, Ca. 92345 Sheet) of PROJECT NO, 2007-06 CONTRACT CHANGE ORDER NO.4 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the fol lowing described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shal I conform to the terms, general conditions, and special provisions of the original Contract, DESCRIPTION OF CHANCE This Contract Change Order allows for the additional removal and replacement of asphalt and aggregate base material due to the existing substandard conditions of the road previously constructed by the county. Total $275,582.40 Previous Contract Amount Throu It CCO 0 $ I, 187 884.28 Add This Change Order No. 4 S 275 582.40 Revised Contract Total $ 1,463,466.68 By reason of this contract change order the time of completion is adjusted as fnllows; -7- days added to contract time. The revised contract completion date shall be: 04/13/09 Submitted By: Date: Approved We, the undersigned Contractor. havegiven careful consideration to the Phan, aproposer) and hereby agree, tf ons propasol is approved, tha we will provide all equipment. Jiomish all mare, lots. perform all labor, e.wept its iaar hr noted above, and perfarin all services necessary to complete the a6ore specified wink and hereh9 acpl nr fill/ pn en he amount shown above, which includes all direct and indirect arerhend expense., jor ay delays. Accepted By: Title:it Q Gdr�lel. Cx^^Sf ✓v �—"T lv.r l'~ti Date: 'ilS1nI 141 r %MV(RIrNTC AND cr=T'rIT('RY l I IAIATIN0i nr Al OTn V rr. W111'nO ARY W'ron NrT Ill rcr 11NT1 Nr Ir111TFt Mol qP ' nB10411,iF n i,W ATTENTION LEONARD ST.SAUVER Cooley CONSTRUCTION, INC. PAVING • GRADING • SEALCOATING (CA LIC. #348038) CHANGE ORDER REQUEST CHANGE ORDER NO.: DATE: 03/03/09 JOB NO.: 3361 OWNER / DEVELOPER: C/O LA QUINTA- FRED WARING DRIVE CHANGE ORDER AMOUNT: 8 275.582.40 DESCRIPTION OF WORK: RECONSTRUCT ROADWAY IN LIEU OF COLD PLANE WITH OVERLAY. WORK REQUIRED DUE TO INSUFFICIENT EXISTING SECTION. PROPOSAL DOES NOT INCLUDE DELETION OF AREAS OF OVERLAY,COLD PLANE AND SLURRY SEAL. INCLUDES PHASING. Description Qty UOM Rate UOM Extension REMOVALS 39500 SF $ 2.24 $ 88,480.00 SUBGRADE (F) 1200 CY $ 8.50 $ 10,200.00 6.5'AB 39500 SF $ 0.70 $ 27,650.00 12600 SF $ 0.70 $ 8,820.00 5.5"AC 39500 SF $ 3.20 $ 126,400.00 12600 SF $ 3.20 $ 40,320.00 TRAFFIC CONTROL 1 LS $ 18,500.00 $ 18,500.00 DELETE MILL/OVRLAY 38280 SF $ (1.17) $ (44,787.60) TOTAL $ 275,582.40 Acceptance by Acceptance by Cooley Construction, Inc. Owner TOM STERNFELD PROJ MGR Title Title 16533 D Street • Victorville, CA 92392 • (760) 245-1377 • Fax (760) 245-7254 Mailing Address: Post Office Box 1341 - Victorville, CA 92393 148 C&tw oF 4Q.m& COUNCIL/RDA MEETING DATE: March 17, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Amended Tract Map No. 31348, The Estates at Point Happy, PH Ranch, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: /0 STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to February 13, 2010 for Amended Tract Map No. 31348, The Estates at Point Happy, PH Ranch, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Estates at Point Happy (Amended Tract Map No. 31348), is located south of State Highway 1 1 1 and west of Washington Street (Attachment 1). On January 12, 2005, the City and PH Ranch, LLC entered into a SIA for the Estates at Point Happy. Section 6 of the SIA requires: 'that the subdivision improvements shall be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete copstruction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the improvements in response to changes in standards or conditions affecting or affected by the Improvements. " On March 21, 2006, the City Council adopted a Resolution granting a time extension for the completion of the on -site improvements as specified in the approved SIA to January 12, 2006. On February 6, 2007, the City Council adopted a Resolution granting a second time extension for the completion of the remaining on -site improvements to March 1, 2007. On March 18, 2008, the City Council adopted a Resolution granting a third time extension for the completion of the remaining on -site improvements to February 13, 2009. In a letter dated January 27, 2009 (Attachment 2), the developer stated that the remaining on -site improvements include the common area landscaping for the phase 3 and 4 residential development and front yard landscaping. The developer is requesting an additional year to complete the remainder of the on -site improvements while working on initiating new home construction on this project. Staff has prepared the attached resolution which provides for approval of the fourth 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 on -site improvements as specified in the approved Subdivision Improvement Agreement to February 13, 2010 for Tract Map No. 31348, The Estates at Point Happy; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the on -site improvements time as specified in the approved Subdivision Improvement Agreement to February 13, 2010 for Tract Map No. 31348, The Estates at Point Happy; or 3. Provide staff with alternative direction. 150 Respectfully submitted, n T othy R. nass n P.E. Public Works Direct r/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from Natasha King dated January 26, 2009 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ON -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO FEBRUARY 13, 2010 FOR TRACT MAP NO. 31348, THE ESTATES AT POINT HAPPY. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31348, The Estates at Point Happy, on January 12, 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 13, 2009, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the on -site improvements as required by the approved SIA is extended to February 13, 2010. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on February 13, 2010. 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. ,,,.. 152 Resolution No. 2009- Tract Map No. 31348, The Estates at Point Happy Adopted: March 17, 2009 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 17th day of March 2009, 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, CIVIC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 153 ATTACHMENT 1 TM 31348 THE ESTATES AT POINT HAPPY STATE t\�y�rE►v �rER HwY POINT HAPPY WAY PROJECT LOCATION EISENHOWER DRIVE! VICINIT' NOT TO SCALE CITY COUNCIL MEETING: March 17, 2009 NSy SIMON DR. 47th AVE. z 0 z Q ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Tract Map No. 31348, The Estates at Point Happy APPLICANT: Ms. Natasha King, Northgate 154 ATTACHMENT 2 THE ESTATES AT " 'l- IVEIL oinalappy JAN 282009 where serenity Meers The Mountatn (� RANCH �lPiTBI.IC iVORXS January 26, 2009 Mr. Timothy R. Jonasson, P.E. Public Works Director/City Engineer -A City of La Quinta P.O. Box 1504 La Quinta, Ca. 92253 Re: Tract Map No. 31348- The Estates at Point Haopv Ranch Subdivision Improvement Agreement (SIA).On-Site & Off -Site Improvements. Dear Mr. Jonasson, . Let this letter serve as a request to extend our SIA Agreement for an additional year for the tract map listed above. Phase 1 and 2 residential dwellings are complete. Two additional phases, 3 and 4 are pending future construction. All off -site work is complete 100°/a Below are the items that we lack to complete in extending the agreement: • The balance of the Common Area Landscaping which is apart of phase 3 and 4 residential development; • Phase 2 Front yard Landscaping as houses are sold..16 houses remain unsold at this time; • Perimeter Walls at Lot 66 and Lot 25 All of the streets in The Estates at Point Happy Ranch are currently final course paved. Grading is complete on all of the pending development lots excluding lots I thru 7. These lots hold the large boulders that are being use for the landscaping of all future front yards and common areas. CV WD has given the project its final inspection and reimbursements are being routed. Thank you for your consideration in this matter and as always please do not hesitate to contact me with any questions you may have. 155 cedw^F44•wr„ COUNCIL/RDA MEETING DATE: March 17, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the Off -Site Improvements for Tract Map No. 31249, Village at Coral Mountain, Adobe Holdings, Inc. RECOMMENDATI 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 October 11, 2009 for Tract Map No. 31249, Village at Coral Mountain, Adobe Holdings, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Village at Coral Mountain (Tract Map No. 31249) is located south of Avenue 58 and west of Madison Street (Attachment 1). On October 11, 2006, the City and Adobe Holdings, Inc. entered into a SIA for the Village at Coral Mountain. Section 6 of the SIA requires: "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the 156 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." On October 16, 2007, the City Council adopted a Resolution granting a time extension for the completion of the off -site improvements as specified in the approved SIA to October 11, 2008. In a letter dated November 5, 2008 (Attachment 2), the developer stated that several financial institutions are reviewing construction packages to fund the completion of the project. Therefore, they have not completed the Avenue 58 off -site street and sidewalk improvements required as part of the SIA. The developer is requesting a time extension for the off -site improvements to October 11, 2009. Staff has prepared the attached resolution which provides for approval of the second 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 October 11, 2009 for Tract Map No. 31249, Village at Coral Mountain; 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 October 11, 2009 for Tract Map No. 31249, Village at Coral Mountain; or 3. Provide staff with alternative direction. Respectfully submitted, n imothy R. J nas P.E. Public Works Director/City Engineer 157 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from Adobe Holdings, Inc. dated November 5, 2008 RESOLUTION NO. 2009- 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 OCTOBER 11, 2009 FOR TRACT MAP NO. 31249, VILLAGE AT CORAL MOUNTAIN. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31249, Village at Coral Mountain, on October 11, 2006; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by October 11, 2008, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the off -site improvements as required by the approved SIA is extended to October 11, 2009. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on October 11, 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. 11 159 Resolution No. 2009- Tract Map No. 31249, Village at Coral Mountain Adopted: March 17, 2009 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 17th day of March 2009, 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 160 ATTACHMENT 1 TM 31249 VILLAGE AT CORAL MOUNTAIN 2 54TH AVENUE LA QUMTA ICINITY NOT TO SCALE 9 z AID BLVD (56TH AVE) Im CITY COUNCIL MEETING: March 17, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the Off -Site Improvements for Tract Map No. 31249, Village at Coral Mountain APPLICANT: Mr. Robert Rippe, Adobe Holdings, Inc. 161 ATTACHMENT 2 ADOBE HOLDINGS, INC. dba: BROUGHAM INVESTMENTS, INC. in California P.O. Box 1396 — La Quinta, CA 92247-1396 (760) 702-0684 - FAX (760) 564-6283 dauersusa®gmail.com November 5, 2008 Mr. Timothy R. Jonasson, P.E. Public Works Director/City Engineer Post Office Box 1504 LaQuinta, California 92247-1504 RE: Project Tract Map No. 31249 Village at Coral Mountain Dear Mr. Jonasson, P.E. Pursuant to your letter of October 13, 11 RECEIVED JAN 2 9 2009 Deveb(„ c -.11 krkiaes 2008, we are responding to your questions. We delayed the response until the physical inspection, by City of La Quinta personnel had been completed last week. A one year extension, to.October 11, 2009, is hereby requested for completion of remaining subdivision improvements, inclujing but not limited to Avenue 58. Several financial institutions are currently reviewing construction packages and upon approval of subject application(s), all subdivision improv- ments will be completed along with at least eight residential units. We are also initiating plans to incorporate revisions on structures to comply with the respective code changes. Thank you in advance for consideration of the one year extension. We definitely appreciate the City's understanding during these trying times. Please call if,you have questions or comments. e, Ri, Rippe, President/Owner RER/mh 162 COUNCIL/RDA MEETING DATE: March 17, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Tract Map No. 31249, Village at Coral Mountain, Adobe Holdings, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: /Oq. STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to October 11, 2009 for Tract Map No. 31249, Village at Coral Mountain, Adobe Holdings, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Village at Coral Mountain (Tract Map No. 31249), is located south of Avenue 58 and west of Madison Street (Attachment 1). On October 11, 2006, the City and Adobe Holdings, Inc. entered into a SIA for the Village at Coral Mountain. Section 6 of the SIA requires: 'that the subdivision improvements shall be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the improvements in response to changes in standards or conditions affecting or affected by the Improvements." On October 16, 2007, the City Council adopted a Resolution granting a time extension for the completion of the on -site improvements as specified in the approved SIA to October 11. 2008. In a letter dated November 5, 2008 (Attachment 2), the developer stated that several financial institutions are reviewing construction packages to fund the completion of the project. The remaining on -site improvements include curb & gutter, sidewalk, curb ramps, catch basins, landscaping, signing, striping, and asphalt concrete pavement. The developer is requesting a time extension for the on -site improvements to October 11, 2009. Staff has prepared the attached resolution which provides for approval of the second 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 on -site improvements as specified in the approved Subdivision Improvement Agreement to October 11, 2009 for Tract Map No. 31249, Village at Coral Mountain; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the on -site improvements time as specified in the approved Subdivision Improvement Agreement to October 11, 2009 for Tract Map No. 31249, Village at Coral Mountain; or 3. Provide staff with alternative direction. Respectfully submitted, mothy R. ona n, P.E. Public Wor s Dir for/City Engineer „ 164 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from Adobe Holdings, Inc. dated November 5, 2008 165 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ON -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO OCTOBER 11, 2009 FOR TRACT MAP NO. 31249, VILLAGE AT CORAL MOUNTAIN. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31249, Village at Coral Mountain, on October 11, 2006; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by October 11, 2008, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the on -site improvements as required by the approved SIA is extended to October 11, 2009. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on October 11, 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. 166 Resolution No. 2009- Tract Map No. 31249, Village at Coral Mountain Adopted: March 17, 2009 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 17th day of March 2009, by the following vote, to wit: AYES:Council Members (Clerk's Office will enter) 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 167 ATTACHMENT 1 TM 31249 VILLAGE AT CORAL MOUNTAIN 54TH AVENUE LA QUWA ICINITY NOT TO SCALE H AIIRPW KVD (WTH AVO h �:� CITY COUNCIL MEETING: March 17, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Tract Map No. 31249, Village at Coral Mountain APPLICANT: Mr. Robert Rippe, Adobe Holdings, Inc. 168 ATTACHMENT 2 ADOBE HOLDINGS, INC. dba: BROUGHAM INVESTMENTS, INC. in California P.O. Box 1396 — La Quinta, CA 92247-1396 (760) 702-0684 - FAX (760) 564-6283 dauersusa@gmail.com November 5, 2008 Mr. Timothy R. Jonasson, P.E. Public Works Director/City Engineer Post Office Box 1504 RECEIVED LaQuinta, California 92247-1504 JAN g Z009 RE: Project Tract Map No. 31249 Qe,+e ::Cmoces Village at Coral Mountain Dear Mr. Jonasson, P.E. Pursuant to your letter of October 13, 2008, we are responding to your questions. We delayed the response until the physical inspection, by City of La Quinta personnel had been completed last week. A one year extension, to.October 11, 2009, is hereby requested for completion of remaining subdivision improvements, iuclujing but not limited to Avenue 58. Several financial institutions are currently reviewing construction packages and upon approval of subject application(s)., all subdivision improv- ments will be completed along with at least eight residential units. We are also initiating plans to incorporate revisions on structures to comply with the respective code changes. Thank you in advance for consideration of the one year extension. We definitely appreciate the City's understanding during these trying times. Please call if you have questions or comments. <7 /\ Rober E. Rippe, President/Owner RER/mh 169 Twy� 4 4 Qaba COUNCIL/RDA MEETING DATE: March 17, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the Off -Site Improvements for Tract Map No. 32742, Four Seasons, Monterra Holdings, LLC 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 November 21, 2009 for Tract Map No. 32742, Four Seasons, Monterra Holdings, LLC FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Four Seasons (Tract Map No. 32742), is located north of Airport Boulevard and west of Monroe Street (Attachment 1). On November 21, 2007, the City and Monterra Holdings, LLC entered into a SIA for Four Seasons. Section 6 of the SIA requires: "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to . 110 require modifications in the standards or sequencing of the improvements in response to changes in standards or conditions affecting or affected by the Improvements. " In a letter dated November 6, 2008 (Attachment 2), the developer stated that the project is currently processing an amended Tract Map for annexation into the Greg Norman golf community. Therefore, they have not completed any of the improvements required as part of the SIA. The developer has also submitted construction loan applications to financial institutions for funds to complete the improvements once the amended map is approved. The developer is requesting a time extension for the off -site improvements to November 21, 2009. 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 November 21, 2009 for Tract Map No. 32742, Four Seasons; 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 November 21, 2009 for Tract Map No. 32742, Four Seasons;or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R. na s n, P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from Monterra Holdings, LLC dated November 6, 2008 17.1 RESOLUTION NO. 2009- 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 NOVEMBER 21, 2009 FOR TRACT MAP NO. 32742, FOUR SEASONS. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 32742, Four Seasons, on November 21, 2007; 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 November 21, 2008, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the off -site improvements as required by the approved SIA is extended to November 21, 2009. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on November 21, 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. 1 Resolution No. 2009- Tract Map No. 32742, Four Seasons Adopted: March 17, 2009 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 17th day of March 2009, 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 173 ATTACHMENT 1 TM 32742 FOUR SEASONS 54TH AVENUE PROJECT WE Q AIRPORT BLVD. VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: March 17, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the Off -Site Improvements for Tract Map No. 32742, Four Seasons APPLICANT: Mr. Robert Rippe, Monterra Holdings, LLC I 174 ATTACHMENT 2 MONTERRA HOLDINGS, LLC dba: MONTERRA INVESTMENTS, LLC in Califomia P.O. Box 1396 — La Quints, CA 92247-1396 (760) 702-0684 - FAX (760) 347-0299 dauersusa@gmail.com November 6, 2008 Mr. Timothy R. Jonasson, P.E. Public Works Director/City Engineer Post Office Box 1504 La Quinta, California 92247-1504 RE: Tract Map No. 32742, Four Seasons Subdivision Improvement Agreement Dear Mr. Jonasson, P.E. a,b,,,1Uowaba� coo? g Z Nyr I In response to your letter of October 21, 2008, we respectfully request your a assistance in approval of a.one year extension to November 21, 2009. The City'of La Quinta is currently processing the "Amended Tract Map" on this project for annexation into the Greg Norman (PGA} golf community. Construction loan applications have been submitted to Major Financial Institutions for funds to complete the Infrastructure once the Amended Map is approved by the City. We appreciate your understanding of the difficult economic conditions that currently exist within the development community. The Annexation should provide the final incentive required by the Lenders to get this project back on course. Please call if you have any questions or comments. S cerely Ro rt .. pp�� Managing Member/Owner RER/mh 175 Titf 4rw4 COUNCIL/RDA MEETING DATE: March 17, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Tract Map No. 32742, Four Seasons, Monterra Holdings, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: Z- STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to November 21, 2009 for Tract Map No. 32742, Four Seasons, Monterra Holdings, LLC. FISCAL IMPLICATIONS: Rire a CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Four Seasons (Tract Map No. 32742), is located north of Airport Boulevard and west of Monroe Street (Attachment 1). On November 21, 2007, the City and Monterra Holdings, LLC entered into a SIA for Four Seasons. Section 6 of the SIA requires: "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to 176 require modifications in the standards or sequencing of the improvements in response to changes in standards or conditions affecting or affected by the Improvements. " In a letter dated November 6, 2008 (Attachment 2), the developer stated that the project is currently processing an Amended Tract Map for annexation into the Greg Norman golf community. Therefore, they have not completed any of the improvements required as part of the SIA except the site was cleared and grubbed. The developer has also submitted construction loan applications to financial institutions for funds to complete the improvements once the Amended Map is approved. The developer is requesting a time extension for the on -site improvements to November 21, 2009. 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: Adopt a Resolution of the City Council to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement to November 21, 2009 for Tract Map No. 32742, Four Seasons; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the on -site improvements time as specified in the approved Subdivision Improvement Agreement to November 21, 2009 for Tract Map No. 32742, Four Seasons;or 3. Provide staff with alternative direction. Respectfully submitted, dothy R. Jolasso E. Public Work irector/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from Monterra Holdings, LLC dated November 6, 2008 177 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ON -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO NOVEMBER 21, 2009 FOR TRACT MAP NO. 32742, FOUR SEASONS. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 32742, Four Seasons, on November 21, 2007; 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 November 21, 2008, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the on -site improvements as required by the approved SIA is extended to November 21, 2009. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on November 21, 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. 178 Resolution No. 2009- Tract Map No. 32742, Four Seasons Adopted: March 17, 2009 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 17th day of March 2009, by the following vote, to wit: AYES:Council Members (Clerk's Office will enter) NOES: US- 14- p 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 179 ATTACHMENT 1 TM 32742 FOUR SEASONS 54TH AVENUE PROJECT WE 0 z AIRPORT BLVD. VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: March 17, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Tract Map No. 32742, Four Seasons APPLICANT: Mr. Robert Rippe, Monterra Holdings, LLC I 100. 180 ATTACHMENT 2 MONTERRA HOLDINGS, LLC dba: MONTERRA INVESTMENTS, LLC in California P.O. Box 1396 - La Quints, CA 92247-1396 (760) 702-0684 - FAX (760) 347-0299 dauersusa@gmail.com November 6, 2008 Mr. Timothy R. Jonasson, P.E. Public Works Director/City Engineer Post Office Box 1504 La Quinta, California 92247-1504 RE: Tract Map No. 32742, Four Seasons Subdivision Improvement Agreement Dear Mr. Jonasson, P.E. 80'weS° iUdula, 6002 8 Z Ny�av 4 In response to your letter of October 21, 2008, we respectfully request your a assistance in approval of a.,one year extension to November 21, 2009. The City'of La Quints, is currently processing the "Amended Tract Map" on this project for annexation into the Greg Norman (PGA) golf community. Construction loan applications have been submitted to Major Financial Institutions for funds to complete the Infrastructure once the Amended Map is approved by the City. We appreciate your understanding of the difficult economic conditions that currently exist within the development community. The Annexation should provide the final incentive required by the Lenders to get this project back on course. Please call if you have any questions or comments. S cerely RI �rtW�Jpe, Managing Member/Owner RER/mh M101-01, .. 181 T'Vf 4 4 a" COUNCIL/RDA MEETING DATE: March 17, 2009 ITEM TITLE: Acceptance of On -Site Improvements Associated with Parcel Map No. 36058-R, Centre at La Quinta, Stamko Development Co. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: /5 STUDY SESSION: PUBLIC HEARING: Accept on -site improvements associated with Parcel Map No. 36058-R, Centre at La Quinta, Stamko Development Co. and authorize staff to release performance security. Direct staff to release labor and materials security ninety (90) days after City Council acceptance of the improvements. FISCAL IMPLICATIONS: None. No public improvements will be accepted with this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 36058-R, Centre at La Quinta, Stamko Development Co., is located north of Avenue 48 and east of Adams Street (Attachment 1)• The improvements include grading and PM-10 dust control mitigations. All obligations of the Subdivision Improvement Agreement have been satisfied. . 1 8 ;, FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Accept the on -site improvements associated with Parcel Map No. 36058- R, Centre at La Quinta, Stamko Development Co. and authorize staff to release performance security. Direct staff to release labor and materials security ninety (90) days after City Council acceptance of the improvements; or 2. Do not accept the on -site improvements associated with Parcel Map No. 36058-R, Centre at La Quinta, Stamko Development Co. and do not authorize staff to release performance security. Do not direct staff to release labor and materials security ninety (90) days after City Council acceptance of the improvements; or 3. Provide staff with alternative direction. Respectfully submitted, I\ mothy R. J nas on, P.E. Public Work Dir or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Vicinity Map 183 ATTACHMENT 1 PM 36058-R CENTRE AT LA QUINTA VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: March 17, 2009 ITEM TITLE: Acceptance of On -Site Improvements Associated with Parcel Map No. 36058-R, Centre at La Quinta APPLICANT: Ms. Christine Clarke, Stamko Development Co. 184 COUNCIL/RDA MEETING DATE: March 17, 2009 ITEM TITLE: Acceptance of On -Site Improvements Associated with Tract Map No. 30023-4, Trilogy, Shea La Quinta, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept on -site improvements associated with Tract Map No. 30023-4, Trilogy, Shea La Quinta, LLC and authorize staff to release performance security. Direct staff to release labor and materials security ninety (90) days after City Council acceptance of the improvements. FISCAL IMPLICATIONS: None. No public improvements will be accepted with this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 30023-4, Trilogy, is located south of Avenue 60, north of Avenue 62, east of Madison Street, and west of Monroe Street (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 have been satisfied. Attachment 2 indicates the amount of warranty security. 185 FINDINGS AND ALTERNA The alternatives available to the City Council include: 1. Accept the on -site improvements associated with Tract Map No. 30023- 4, Trilogy, Shea La Quinta, LLC and authorize staff to release performance security. Direct staff to release labor and materials security ninety (90) days after City Council acceptance of the improvements; or 2. Do not accept the on -site improvements associated with Tract Map No. 30023-4, Trilogy, Shea La Quinta, LLC and do not authorize staff to release performance security. Do not direct staff to release labor and materials security ninety (90) days after City Council acceptance of the improvements; or 3. Provide staff with alternative direction. Respectfully submitted, othy R. o on, P.E. Public Works Vbctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Warranty Security Exhibit . 186 TM 30023-4 TRILOGY SITE 1% ( PHASE 4 AVENUE L w IY rn z O 0 Q AVENUE VICINITY NOT TO SCALE w w o` w O x z O ATTACHMENT 1 .E AVENUE 62 MAP CITY COUNCIL MEETING: March 17, 2009 ITEM TITLE: Acceptance of On -Site Improvements Associated with Tract Map No. 30023-4, Trilogy APPLICANT: Mr. Jeff Davies, Shea Homes 61 187 ATTACHMENT 2 a: -Z .r.) WARRANTY' SECURITY (ON -SITE) 30023-4 4 Development Name: Trilogy at La Quinta 'ON -SITE IMPROVEMENTS Performance SecudW Improvement Descrition Labor & MaterialsY Current Amount Proposed Reduction :WARRANTY AMOUNTS Streets $915,100 $915100 90% $91,510: Domestic Water $635,200 $535,200 90% $53,520, Sanitary Sewer $352,720 $352 720 90% $35 272' Storm Drain $39,210 $39,210 90% $3,921 Utilities $531,980 $531,980 90% $53,198 Monumentation $0 $23,700 100% $0 Standard Contingency 10% $237 400 $239,790 100% $0 Professional Fees, Design 10% $261160 $263 770 100% $0 Professional Fees, Construcilm 10% $261,160 $263,770 1000/6 $0 No Plans Contigency 26% $652,900 $fi59,430 10M. $0 Totals $3,786,830 $3,824,670 — $237,421 Performance Security shall be released immediately upon City Council acceptance 2 Labor & Materials Security to remain In place for 90 days after City Council acceptance of improvements. s WARRANTY SECURITY shall be received by the City prior to being placed on the agenda for City Council. X4rV QU14tr6j F Tz F`y OF TKF'9 COUNCIL/RDA MEETING DATE: March 17, 2009 ITEM TITLE: Approval of the Plans, Specifications, and Engineer's Estimate (PS&E) and Bid Documents and Authorization to Advertise for Bid the Fiscal Year 2008/2009 Slurry Seal and Restriping Program, Project Number 2008-11 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: �J CONSENT CALENDAR: / STUDY SESSION: PUBLIC HEARING: Approve the Plans, Specifications, and Engineer's Estimate (PS&E) and bid documents and authorize staff to advertise the Fiscal Year 2008/2009 Slurry Seal and Restriping Program for public bid, Project Number 2008-1 1. FISCAL IMPLICATIONS: The project is included within the Public Works Department Operational Budget for Fiscal Year 2008/2009. Funding in the amount of $1,781,107 (Account Number 101- 7003-431 .34-04) is available for this work. As with the previous slurry seal projects, the current work includes a base bid area and two additive alternates. The basis of award will be the lowest combined price of the base bid area and either Additive Alternate Number 1 or Additive Alternate Number 2. The Engineer has estimated the cost of the base bid area plus Additive Alternate Number 1 to be $1,153,751 and the cost of the base bid area plus Additive Alternate Number 2 to be $1,353,057. Adequate funding is available to support either award alternative. CHARTER CITY IMPLICATIONS: None. The project is funded with 100% locally generated revenue. Therefore, it was bid without prevailing wages. 1• 189, BACKGROUND AND OVERVIEW: In 2003, the City Council directed staff to implement an Annual Pavement Preservation and Maintenance Program (PMP) maintaining an average PCI rating of 80 or better. The PMP is a citywide survey that provides a current inventory of the City's streets, along with an analysis of the existing condition and preservation recommendations. The PMP was last updated in November 2007. This year's project will slurry seal just under 4 million square feet of street surface and restripe the streets after the slurry seal is applied (Attachment 1). The PS&E and bid documents for the City's Fiscal Year 2008/2009 Slurry Seal and Restriping Program, Project Number 2008-11 are available for review at the City's Public Works Department. The basis of award shall be the lowest combined price of the Base Bid Area plus either Additive Alternate 1 or Additive Alternate 2. The Base Bid area includes the necessary signing and striping, crack seal, and localized asphalt repair items. Additive Alternate 1 includes traditional asphalt slurry, and Additive Alternate 2 includes rubberized slurry. The City will choose which Additive Alternate will be awarded after bids are received. Contingent upon the City Council's approval and authorization to advertise for bid on March 17, 2009, the following is how the project is expected to proceed: City Council Authorization to Advertise for Bid March 17, 2009 Project Advertisement March 20 — April 22, 2009 Construction (30 days) May — June 2009 Accept Improvements July 2009 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve the Plans, Specifications, and Engineer's Estimate (PS&E) and bid documents and authorize staff to advertise the Fiscal Year 2008/2009 Slurry Seal and Restriping Program for public bid, Project Number 2008-1 1; or 2. Do not approve the Plans, Specifications, and Engineer's Estimate (PS&E) and bid documents and do not authorize staff to advertise the Fiscal Year 2008/2009 Slurry Seal and Restriping Program for public bid, Project Number 2008-1 1; or 3. Provide staff with alternative direction. 190 Respectfully submitted, w Timothy R. Jinass , P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Project locations and limits, pavement legends and striping areas, crack seal only areas, removals and replacements. 191 ATTACHMENT 1 PROJECT LOCATIONS AND LIMITS 192 CITY OF LA QUINTA FY 2008-2009 Slurry Seal and Restriping Program PROJECT LOCATIONS AND LIMITS Street Name Lane(s) From To Square Feet Avenida Alvarado NB/SB Calle Tecate n/s Calle Madrid s/s 61,920 Avenida Carranza NB/SB Calle Tecate n/s Calle Madrid s/s 61,920 Avenida Diaz NB/S13 Calle Tecate n/s Calle Madrid s/s 62,080 Avenida Herrera NB/S13 CDS Calle Madrid s/s 61,376 Avenida Juarez NB/SB Calle Tecate n/s Calle Madrid s/s 62,400 Avenida Madero NB/SB Calle Tecate n/s Calle Madrid s/s 62,240 Avenida Martinez NB/SB Avenida Bermudas e/s Calle Madrid s/s 25,125 Avenida Mendoza NB/SB CDS Calle Madrid s/s 6,020 Avenida Obregon NB/S13 Calle Tecate n/s Calle Madrid s/s 61,920 Avenida Ramirez NB/SB Calle Tecate n/s Calle Madrid s/s 61,920 Avenida Rubio NB/SB Calle Tecate n/s Calle Madrid s/s 62,400 Avenida Vallejo NB/SB Calle Tecate n/s Calle Madrid s/s 61,760 Avenida Velasoo NB/SB CDS Calle Madrid s/s 51,540 Avenue 50 E/B Jefferson Steet e/s shared Madison Street w/s shared 155,700 Calle Madrid EB/WB Avenida Bermudas w/s Eisenhower Drive Pis 19,20 Calle Madrid EB/WB Eisenhower Drive w/s Avenida Cortez w/s 99,200 Calle Potrero EB/WB Avenida Bermudas w/s Avenida Madero w/s 77,120 Calle Tampico EB/WB Eisenhower Drive w/s Washington Street w/s 247,100 Calle Tecate EB/WB Avenida Bermudas Avenida Madero e/s 76,500 Calle Temecula EB/WB Avenida Bermudas w/s Avenida Madero e/s 84,480 Eisenhower Drive NB/SB Avenida Bermudas n/s Calle Tampico n/s 713,880 Eisenhower Drive NB/SB Calle Tampico n/s Bridge s/s South of Ave 50 121,500 Fred Waring Drive EB Adams Street e/s 400' East of Dune Palms Road 114,990 Madison Street east side NB Airport Boulevard n/s 2640' north of Airport Biv. 111,000 Washington Street NB/SB Ave 50 n/s 200' north of Avenida Montero 184,650 Washington Street NB/SB Highway 111 n/s Mile Avenue n/s 217,830 Westward Ho Drive EB/WB Adams Street e/s Dune Palms Road w/s 114,400 Adams Street NB/SB Westward Ho s/s Miles Avenue s/s 146,800 Dunes Palms Road NB/SB Highway 111 n/s Westward Ho s/s 130,560 Miles Avenue WB Jefferson Street w/s Dune Palms Road w/s 168,315 Miles Avenue EB/WB Dune Palms Road e/s Adams Street ws 216,480 Miles Avenue EB/WB Adams Street w/s Washington Street cL 303000 3,986,126 Appendix a Page 1 193 PAVEMENT LEGENDS & STRIPING AREAS 194 City of La Quinta Pavement Legend and Striping Areas Location From To Adams Street Avenue 48 Darby Road Airport Boulevard Monroe Street Madison Street Alba Court Torino DR n/s CDS Alden Circle Seely Drive End Ambassadro Circle Monticello Ave CDS America Court Hemin s Way CDS Arbola Circle Frontera Drive End Arosa Way Villeta Dr. Sanita Dr. Ashley Place Carrie Ln Ashley Way Ashley Way Ashley Place Desert Stream Dr. Ashwood Court Bayberry Ave CDS Auto Center Dr Adams Street La Quinta Dr. Auto Center Way Highway 111 Auto Center Dr Avenida Bermudas Calle Tampico North to END Avenida Bermudas Calle Tampico Calle Tecate Ave nue 47 Washinhton Street Adams Street Avenue 48 Washington Street Jefferson Street Avenue 50 Eisenhower Drive Jefferson Street Avenue 50 EB Jefferson Street Madison Street Avenue 52 Avenida Bermudas Monroe Street Avenue 53 west side Monroe Street End Avenue 1000' West o Jefferson Street Monroe Street Avenue 58 Jefferson Street Monroe Street Calle Tampico Eisenhower Drive Park Avenue Dune Palms Road Avenue 48 Fred Waring Drive Eisenhower Drive Washington Street Avenida Bermudas Fred Waring Drive Jefferson Street Washington Street Jefferson Street SB 1,300' N. Ave 48 Ave 50 Jefferson Street Avenue 50 Avenue 54 Jefferson Street Highway 111 Westward Ho Drive Jefferson Street SB Country Club Dr Miles Avenue Madison Street Avenue 54 Avenue 60 Madison Street Avenue 50 Avenue 54 Miles Avenue Jefferson Street Washington Street Monroe Street Avenue 52 Avenue 62 Washington Street Avenue 52 Channel Road Washington Street(NIB) Channel Road Miles Avenue Washington Street N/B Fred Waring Drive 500' N/ Palm Royal Washington Street(NIB) Miles Avenue Fred Waring Drive Westward Ho Drive Adams Street Dune Palms Road Westward Ho Drive E/B Dune Palms Road Jefferson Street Avenida Navarro Calle Chillon Calle Tampico Avenida Alvarado Avenida Montezuma Calle Yucatan Avenida Alvarado Calle Tecate Avenida Montezuma Avenida Carranza Avenida Montezuma End Avenida Carranza Calle Tecate Avenida Montezuma Avenida Cortez Avenida Montezuma Calle Colima Avenida Cortez Avenida Montezuma Calle Sonora Appendix C Page I 195 Location From To Avenida Diaz Avenida Montezuma Calle Yucatan Avenida Diaz Calle Tecate Avenida Montezuma Avenida Herrera Avenida Montezuma End Avenida Herrera Calle Tecate Avenida Montezuma Avenida Juarez Avenida Montezuma Calle Yucatan Avenida Juarez Calle Nogales Avenida Montezuma Avenida Juarez Calle Tecate Calle Chihuahua Avenida La Fonda EB Desert Club Drive Avenida Bermudas Avenida La Fonda WB Desert Club Drive Avenida Bermudas Avenida La Fonda Desert Club Drive Washington Street Avenida La Fonda EB Calle Tamazula Calle Rondo Avenida La Fonda WB Calle Tampico Avenida La Fonda Avenida La Jarita Calle Quinto Calle Rondo Avenida La Torres Calle Rondo Calle Quinto Avenida Madero Avenida Montezuma Calle Madrid Avenida Madero Calle Madrid Avenida Montezuma Avenida Madero Calle Ensenada Avenida Montezuma Avenida Madero Calle Tecate Avenida Montezuma Avenida Martinez Avenida Bermudas Eisenhower Drive Avenida Martinez Eisenhower Drive Calle Tampico Avenida Mendoza Avenida Montezuma Calle Tampico Avenida Mendoza Avenida Montezuma Avenida Bermudas Avenida Montezuma Calle Madero Eisenhower Drive Avenida Montezuma EB Eisenhower Drive Avenida Bermudas Avenida Montezuma WB Avenida Bermudas Eisenhower Drive Avenida Morales Avenida Montezuma Calle Durango Avenida Naran a Calle Rondo Calle Quinto Avenida Nuestra Calle Kalima Calle Guatemala Avenida Nuestra Calle Rondo Calle Tamazula Avenida Obre on Avenida Montezuma Avenida Montezuma Avenida Obregon Calle Tecate Avenida Montezuma Avenida Ramirez Avenida Montezuma End Avenida Ramirez Calle Tecate Avenida Montezuma Avenida Rubio Avenida Montezuma Calle Yucatan Avenida Rubio Calle Tecate Avenida Montezuma Avenida Tu'un a Calle Quinto Calle Rondo Avenida Tu'un a End Calle Quinto Avenida Ultimo End Calle Rondo Avenida Vallejo Avenida Montezuma End Avenida Vallejo Calle Tecate Avenida Montezuma Avenida Velasco Avenida Montezuma End Avenida Velasco Calle Tecate Avenida Montezuma Avenida Villa Avenida Bermudas Avenida Navarro Avenida Villa Avenida Navarro Calle Tam ico Bay berry Lane Coldbrook Sunbrook Lane Bay berry Lane Sunbrook Lane Adams Street Birchcrest Circle Bayberry Lane Bay berry Lane Blazing Star Trail Buttercup Lane Dune Palms Road Appenda C Page 3 196 Location From To Blazing Star Trail Star Flower Trail Buttercup Lane Bottlebrush Drive Washington Street Date Palm Drive Bradford Circle Seely Drive End Brid ette Way Miles Avenue Desert Stream Way Buttercup Lane Blazinq Star Trail Marigold Lane Caleo Bay Avenue 47 Avenue 48 Calico Circle Blazing Star Trail End Calle Amigo Avenida Bermudas Desert Club Drive Calle Arroba Avenida Montezuma Avenida Bermudas Calle Barcelona Desert Club Drive Avenida Bermudas Calle Cadiz Avenida Bermudas Fortuna/Guatemala Calle Chihuahua Avenida Montezuma Avenida Bermudas Calle Chillon Avenida Montezuma Avenida Bermudas Calle Colima Avenida Montezuma Avenida Bermudas Calle Durango Avenida Montezuma Avenida Bermudas Calle Ensenada Avenida Montezuma Avenida Bermudas Calle Estado EB Desert Club Drive Avenida Bermudas Calle Estado WB Desert Club Drive Avenida Bermudas Calle Fortuna Desert Club Drive Calle Cadiz Calle Guatemala Avenida Nuestra Avenida La Fonda Calle Gua ama Avenida Tuiun a Avenida Narania Calle Hidalgo Avenida Obre on Avenida Bermudas Calle Hueneme Avenida Nuestra Avenida La Fonda Calle Iloilo Avenida Nuestra Avenida La Fonda Calle Jacumba Avenida La Fonda Avenida Nuestra Calle Kalima Avenida Nuestra Avenida La Fonda Calle Madrid Avenida Cortez Eisenhower Drive Calle Madrid Eisenhower Drive Avenida Bermudas Calle Monterey Avenida Montezuma Avenida Bermudas Calle Nogales Avenida Montezuma Eisenhower Drive Calle Nogales Eisenhower Drive Avenida Bermudas Calle Obispo Calle Tampico End Calle Obispo End Calle Tampico Calle Paloma Avenida La Fonda Avenida Nuestra Calle Paloma Avenida Tu un a Calle Tampico Calle Paloma Calle Tampico Avenida La Fonda Calle Potrero Avenida Madero Avenida Bermudas Calle Quito Avenida La Fonda Calle Estado Calle Quito Avenida Nuestra Avenida La Fonda Calle Quito Calle Tampico Avenida La Fonda Calle Quito Calle Tampico Avenida Ultimo Calle Rondo Avenida Ultimo Calle Tampico Calle Rondo Calle Tampico Avenida Nuestra Calle Santa Barbara Calle Sondsa Calle Palmeto Calle Serena Vista Grande End Calle Sinaloa Avenida Montezuma Eisenhower Drive Calle Sinaloa Eisenhower Drive Avenida Bermudas Calle Sonora Avenida Montezuma Eisenhower Drive Appendix C Page 3 197 Location From To Calle Sonora Eisenhower Drive Avenida Bermudas Calle Tamazula Avenida Nuestra Avenida La Fonda Calle Tampico Washington Street Park Avenue Calle Tecate Avenida Bermudas Avenida Madero Calle Temecula Avenida Madero Avenida Martinez Calle Vista Verde Nuevo RD CDS Calle Yucatan Avenida Alvarado Avenida Juarez Cameo Dunes Cameo Palms Drive End Cameo Palms Drive Singing Palms Highland Palms Camino Armarillo Ocotillo Drive End Camino Azul End Camino Rosada Camino Del Oro Camino Lavanda Ocotillo Drive Camino Del Oro Ocotillo Drive Camino Azul Camino La Cresta Camino Del Oro End Camino Lavanda End End Camino Rosada Camino Azul Ocotillo Drive Canterra Circle Ocotillo Drive End Canterra Drive Ocotillo Drive Mila o Drive Carmen Place Villeta Drive End Carnes Circle Seely Drive End Cindy Court Debbie Dr CDS Carrie Court Brid ette Way End Cloud View Way Summer View Way Desert Fall Way Coldbrook Lane Miles Avenue End Commerce Court Corporate Center Dr CDS Como Cout Genoa Dr. CDS Corporate Center Dr Adams Street CDS Corporate Center Dr Dune Palms Road CDS Cortez Lane Roadrunner Lane End Cortez Lane Roudel Lane Roadrunner Lane Crestview Terrace Hi hland Palms Drive Cameo Palms Drive Crystol Place Villeta Drive End Dalea Circle Blazinq Star Trail End Dandelion Dr Liberty Ave End Dalea Circle Blazing Star Trail End Darby Road Adams Street Palm Royal Debbie Dr Victoria Dr Kristen Ct Declaration Court Monticello Ave CDS Deerbrock Circle Stonebrook CT Bayberry Ln Date Palm Drive Sa uaro Drive Sagebrush Avenue Desert Air Drive Desert Crest Drive End Desert Air Drive Desert Stream Drive Desert Crest Drive Desert Club Calle Tampico Avenue 52 Desert Club End Calle Tampico Desert Crest Drive Desert Air Street Dune Palms Road Desert Eagle Court Desert Stream Drive End Desert Fall Way Summer View Way Cloud View Way Desert Fox Drive Desert Crest Drive I End Appendix C Page 4 198 Location From To Desert Fox Drive Desert Stream Drive Desert Crest Drive Desert Hills Court Desert Crest Drive End Desert Rock Court Desert Fox Drive End Desert Sand Court Desert Crest Drive End Desert Stream Drive Dune Palms Road Desert Eagle Court Desert View Court Cesert Crest dr CDS Desert Wind Court Desert Air Street End Diane Drive Brid ette Way End Estelo Court Villeta Drive End Fiesta Drive Jefferson Street Roadrunner Lane Foxtail Circle Buttercup Lane End Forbes Circle Las Vista Drive Via Coronado Francis Hack Lane Avenida Bermudas End Franklin Court Morris Ave CDS Frontage Road Avenue 47 Singing Palms Drive Frontage Road Singing Palms Drive Washington Street Fronterra Drive Ocotillo Drive Ladera Drive Genoa Dr Naples Dr Torino Dr Golden Sands Cameo Palms Drive End Goldenrod Circle Buttercup Lane End Hancock Ct Liberty Ave CDS Hemmings Way Monticello Ave America CT Highland Palms Drive Washington Street End Horseshoe Lane Roadrunner Lane End Hummingbird Lane Fiesta Drive End Highway 111 west City Limits Washington Street Highway 111 Washington Street Adams Street Highway 111 Iris Court Blazing Star Trail End Irwin Circle North Harland Drive End Kara Court Brid ette Way End La Palma Drive Adams Street Las Vistas Drive La Palma Drive Camino Azul Adams Street Laderra Drive Fontera Drive End Laderra Drive Los Manos Drive Frontera Drive Lake La Quinta Washington Street Caleo Bay Las Vistas Drive Seely Drive Fred Waring Drive Lati o Circle Los Manos Drive End Los Manos Drive Miles Avenue Oxotillo Drive Lowe Drive Seely Drive North Harland Drive Malia Circle Ladera Drive End Marguerite Court Star Flower Court End Marigold Lane Blazing Star Trail Buttercup Lane Marigold Lane Blazin Star Trail End Mariposa Court Blazin Star Trail End Mila o Drive Camtera Drive Ocotillo Drive Nolan Circle North Harland Drive End North Highland Drive Miles Avenue I West Harland Drive Appendix C Page 5 199 Location From To Nuevo Drive Los Manos Drive End Ocotillo Drive Frontera Drive End Ocotillo Drive Adams Street Frontera Drive Pala Circle Camtera Drive End Palm Garden Place Cameo Palms Drive End Paloma Court Calle Paloma End Palermo Ct Torino DR n/s CDS Palm Royal Fred Waring Drive Washington Street Parkbrook Ct Birchcrest Circle CDS Parma Ct Torino DR n/s CDS Pompeii Venice Dr CDS Park Avenue Calle Tampico 400' n/o Ave 50 Ramblewood Court Sunbrook Lane End Roadrunner Lane Cortez Lane Westward Ho Drive Roudel Lane Cortez Lane End Saffron Court Star Flower Court End Sagebrush Avenue Washington Street Date Palm Drive Saguaro Drive Washington Street Sagebrush Avenue Sand Flower Place Cameo Palms Drive End Sanita Drive Arosa Way End Seasons Way Calls Tampico Springtime Way Seely Drive Bradford Circle Miles Avenue Seely Drive Forbes Circle Bradford Circle Shadwell Circle Monticello Ave CDS Siena Ct Genoa Dr. CDS Simon Drive Washington Street Highway 111 Singing Palms Drive Cameo Palms Drive End Singing Palms Drive Washington Street Cameo Palms Drive Sonesta Way Villeta Drive Villeta Drive S rin brook Lane Summerbrook Court End Springtime Way Desert Club Drive End Star Flower Trail Dune Palms Road End Summer View Way Springtime Way Desert Fall Way Sunbrook Lane Coldbrook Lane End Sunbrook Lane Ramblewood Court Coldbrook Lane Sweetbush Lane Buttercup Lane End Tiara Place Villeta Drive End Tortola Circle Ladera Drive End Verbena Drive Star Flower Court End Vervena Drive Star Flower Trail End Via Caliente Via Del Monte End Via Coronado Forbes Circle End Via Del Monte Via Caliente Via Sevilla Via Del Sol End Via Sevilla Via Sevilla Via Coronado Washington Street Via Tran uillo Vista Grande End Victoria Drive Brid ette Way End Villeta Drive Sanita Drive I Sonesta Way Appendix C Page 6 Location From To Violet Court Brid ette Way End Vista Grande Jefferson Street End Wakefield Circle Coldbrook Ln Coldbrook Lane Williamstone Way Liberty Ave Monticello Ave Woodberry Ln Adams Street Sunbrook Lane West Harland Drive North Harland Drive Seely Drive Willow Court Blazing Star Trail End Winter Cove Court Summer View Way End Appendix C Page 7 4e• 201 CRACK SEAL ONLY AREAS 202 City of La Quinta Crack Seal Only Areas Location From To Calle Monterey Ave Bermudas Ave Montezuma Calle Chihuahua Ave Bermudas Ave Montezuma Calle Nogales Ave Bermudas Ave Montezuma Ave Navarro Calle Colima Calle Sinaloa Ave Villa Aalle Colima Calle Sinaloa Ave Mendoza Calle Colima Calle Sinaloa Ave Martinez Calle Colima Calle Sinaloa Ave Velasoo Calle Colima Calle No ales Ave Herrera Calle Colima Calle Nogales Ave Vallejo Calle Colima Calle Nogales Ave Ramirez Calle Colima Calle Nogales Ave Carranza Calle Colima Calle Nogales Ave Obregon Calle Colima Calle Nogales Ave Alvarado Calle Colima Calle Nogales Ave Rubio Calle Colima Calle Nogales Ave Diaz Calle Colima Calle Nogales Ave Juarez Calle Colima Calle Nogales Ave Madero Calle Colima Calle Montezuma Ave Montezuna Calle Colima Calle Nogales Avenia La Fonda Calle Rondo Calle Tamazula Avenida La Torres Calle Rondo Calle Quito Avenida Naran'a Calle Rondo Calle Quito Avenida Nuestra Calle Rondo Calle Tamazula Avenida Tu un a Calle Rondo CDS Avenida Ultimo Calle Rondo CDS Calle Guaymas Avenida Tu'un a Avenida Naran'a Calle Obis north Calle Tampico CDS Calle Obis south Calle Tampico CDS Calle Paloma Avenida Tu'un a Avenida Nuestra Paloma Court Calle Paloma CDS Calle Quito Avenida Ultimo Avenida Nuestra Calle Rondo Avenida Ultimo Avenida Nuestra Calle Tamazula Avenida La Fonda Avenida Nuestra Monroe Street S/B Ave 58 Ave 59 Monroe Street S/B &N/B Ave 59 Ave 62 Ave 52 E/B & WB Avenida Bermudas Jefferson Street Ave 60 EB/ WB Monroe Street 1320 E of Monroe Was in ton Street Ave 52 Ave 50 Calle Tampico Washington Street Calle Rondo Appendix D Page 1 203 REMOVALS AND REPLACEMENTS 204 City of La Quinta Removals and Replacements Street Loaction Structural Section Fred Waring Dr Dune Palms Rd EB 5.5' AC/6.5" CAB Adams Street 200 feet west of Hwy 111 WB 4.5" AC/6" CAB Miles Ave Dune Palms Rd WB 4.5"AC/6" CAB Desert Club Dr. Calle Tampico SB 4" AC/5" CAB Washington St. 200 feet south of Calle Tampico SB 5.5" AC/6.5" CAB Calle Tampico 600 feet west of Washington St EB 4.5 AC/6" CAB Total Area 8,000 Appendix E Page I 205 COUNCIL/RDA MEETING DATE: March 17, 2009 ITEM TITLE: Approval of Specifications, and Bid Documents and Authorization to Advertise for Bid the Citywide Landscape Maintenance Contract, Project No. LMC 2008-13 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _jJ CONSENT CALENDAR: �25 STUDY SESSION: PUBLIC HEARING: Approve the specifications and bid documents and authorize staff to advertise for bid the Citywide Landscape Maintenance Contract, Project No. LMC 2008-13. FISCAL IMPLICATIONS: The current contract amount for citywide landscape maintenance services for Fiscal Year 2008/2009 is $791,731 . The recommendations contained within this report will be funded through Landscape and Lighting — Contract Maintenance Account No. 101- 7004-431-34-04. The approval of the appropriation for this contract will be made with the adoption of the Fiscal Year 2009/2010 Budget. CHARTER CITY IMPLICATIONS: This project is funded entirely by local funds. Therefore, under the Charter City status, the prevailing wage rates are not required. BACKGROUND AND OVERVIEW: On September 20, 2005, the City Council awarded the citywide landscape maintenance contract to Kirkpatrick Landscaping Services, Inc. and approved staffs' recommendation to remove the City Hall Civic Center, the Senior Center and the Library landscape maintenance from the Citywide Landscape Maintenance Contract, and add it to the General Fund, Park Landscape Maintenance Services contract. The addition of the City Hall Civic Center, the Senior Center and the Library landscape '• 206 maintenance into the Park Landscape Maintenance Service contract allowed all parks and facilities to be maintained by one contractor while city right-of-way was maintained by another. Adams Park and Adams Retention Basin are currently being maintained by two (2) contractors. Staff recommends moving the Adams Retention Basin landscape maintenance from the Citywide Landscape Maintenance Contract, Lighting and Landscape District to the Park Landscape Maintenance Services while continuing charging the services to the Lighting and Landscape District. The addition of the Adams retention basin landscape maintenance into the Park Landscape Maintenance Service will allow the properties to be maintained by the same contractor as the Adams Park. The citywide landscape maintenance program provides for weekly maintenance of all landscape areas located within the City's medians and perimeter landscape. The specifications will allowed for four (4) one-year extensions renewable at the beginning of each fiscal year through Fiscal Year 2013/2014, at the City's discretion. The contract may be terminated with 30 day notice to the contractor. Upon City Council's approval, staff will advertise this project for bids. The contract duration will be for one (1) year, July 1, 2009 thru June 30, 2010, with an option to extend the contract each year for four (4) subsequent years if the contractor performs in a satisfactory manner. The specifications are available for review at the Public Works Department. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Specifications, and bid documents and authorize staff to receive bids for the Citywide Landscape Maintenance Contract, Project No. LMC 2008- 13; or 2. Do not approve the Specifications, and bid documents and authorize staff to receive bids for the Citywide Landscape Maintenance Contract, Project No. LMC 2008-13; or 3. Provide staff with alternative direction. 207 Respectfully submitted, othy R. as P.E. Public Work it r/City Engineer Approved for submission by: Thomas P. Genovese, City Manager 2.08 •MMZ COUNCIL/RDA MEETING DATE: March 17, 2009 ITEM TITLE: Approval of Specifications, and Bid Documents and Authorization to Advertise for Bid the Citywide Landscape Lighting Maintenance Contract, Project No. LMC 2008-14 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the specifications and bid documents and authorize staff to advertise forbid the Citywide Landscape Lighting Maintenance Contract, Project No. LMC 2008-14. FISCAL IMPLICATIONS: The current contract amount for citywide landscape lighting maintenance services, for Fiscal Year 2008/2009 is $162,000. The recommendations contained within this report will be funded through: Lighting and Landscape — Contract Maintenance Account No. 101-7004-431-32-07 and Parks Account No. 101-3005-451-32-07 The specific approval of the appropriation for this contract will be made with the adoption of the Fiscal Year 2009/2010 Budget. CHARTER CITY IMPLICATIONS: This project is funded entirely by local funds. Therefore, under the Charter City status, the prevailing wage rates are not required. BACKGROUND AND OVERVIEW: This program provides for bi-weekly inspections of all landscape lighting systems located within the City's medians, parks, perimeter landscapes and parking facilities. The successful low bidder shall also be responsible for providing electrical contractor services and any labor required in order to repair these lighting systems. All materials 209 are provided to the contractor by the City. The contractor is also required to respond to and make repairs to hazardous situations (i.e. exposed wiring) within two hours of notification. The specifications allow for four (4) one-year extensions renewable at the beginning of each fiscal year through Fiscal Year 2013/2014, at the City's discretion. Upon City Council's approval, staff will advertise for bids for this project. The contract duration will be for one (1) year, July 1, 2009 thru June 30, 2010, with an option to extend the contract for each subsequent year if the contractor performs in a satisfactory manner. The contract may be terminated by the City with 30 days written notice. Cost savings may be possible due to the number of facilities that have been added the last four years to this contract and the advantageous bidding environment that currently exists for this type of work. The Contract Specifications are available for review in the Public works Department. NGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Specifications, and bid documents and authorize staff to advertise for bid the Citywide Landscape Lighting Maintenance Contract, Project No. LMC 2008-14; or 2. Do not approve the Specifications, and bid documents and authorize staff to advertise for bid the Citywide Landscape Lighting Maintenance Contract, Project No. LMC 2008-14; or 3. Provide staff with alternative direction. Respectfully submitted, Athy R. Jo ss n P.E. Public Works Director/City Engineer Approved for submission by: 114�114 Thomas P. Genovese, City Manager 210 Qum& FM OF'i'NF'O COUNCIL MEETING DATE: March 17, 2009 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Adoption of a Resolution Accepting a CONSENT CALENDAR: .9"'0 Quitclaim Deed from the Coachella Valley Water District for Public Facility and Ancillary STUDY SESSION: Improvements for the La Quinta Fire Station No. 32 PUBLIC HEARING: and the Corporation Yard Improvements RECOMMENDATION: Adopt a Resolution accepting a Quitclaim Deed from the Coachella Valley Water District (CVWD) for public facility purposes and ancillary improvements for the La Quinta Fire Station No. 32 and the Corporation Yard Improvements, Project No's. 2008-03 and 2007-08 and direct the City Clerk to have the deed recorded at the Riverside County Recorder's office. FISCAL IMPLICATIONS: There are no fiscal impacts associated with this action. The right-of-way is being dedicated by the Coachella Valley Water District at no cost to the City. The following is the project's proposed funding and funding sources: Maintenance Facility DIF General Fund Total Anticipated Funding: CHARTER CITY IMPLICATIONS: $2,585,690 $4,215,841 $6,801,531 None. When the Fire Station is constructed, it will be bid as a prevailing wage project due to the use of fire funds on deposit with the County. 211 BACKGROUND AND OVERVIEW: The maintenance yard master plan was approved by City Council on April 4, 2006 as part of the 2006/07 Capital Improvement Plan. City Council subsequently approved the Corporation Yard — Phase I, Project No. 2007-08 and the Village/Cove Area Fire Station — Phase I, Project No. 2008-03 as part of the 2008/09 Capital Improvement Plan on April 15, 2008. During design of the proposed fire station and corporation yard, it was discovered that the Coachella Valley Water District owns a 10 foot wide parcel between The Traditions development and the City's corporation yard. This property lies along the entire eastern boundary of the corporation yard and currently serves no purpose for CVWD since no CVWD facilities are located within the property. Accepting the dedication would facilitate making connections to water and sewer lines for this project. It would also allow the City to extend the eastern boundary of the corporation yard by 10 feet and improve circulation for both the future fire station and the corporation yard. Staff met with CVWD staff who agreed to dedicate the parcel to the City since it served no purpose to the water district. CVWD requires a resolution from the City prior to processing this dedication. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution accepting a Quitclaim Deed from the Coachella Valley Water District for public facility purposes and ancillary improvements for the La Quinta Fire Station No. 32 and the Corporation Yard Improvements, Project No's. 2008-03 and 2007-08 and direct the City Clerk to have the deed recorded at the Riverside County Recorder's office; or 2. Do not adopt a Resolution accepting a Quitclaim Deed from the Coachella Valley Water District for public facility purposes and ancillary improvements for the La Quinta Fire Station No. 32 and the Corporation Yard Improvements, Project No's. 2008-03 and 2007-08 and do not direct the City Clerk to have the deed recorded at the Riverside County Recorder's office; or 3. Provide staff with alternative direction. 212 Respectfully submitted, n othy R. ona n, P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager 213 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING A QUITCLAIM DEED FROM THE COACHELLA VALLEY WATER DISTRICT FOR PUBLIC FACILITY PURPOSES AND ANCILLARY IMPROVEMENTS FOR THE LA QUINTA FIRE STATION NO. 32 AND CORPORATION YARDIMPROVEMENTS WHEREAS, the La Quinta Fire Station No. 32, CIP Project 2008-03, and the Corporation Yard Improvements, CIP Project 2007-08 will construct a new fire station at Desert Club and Avenue 52 and make site improvements for the new corporation yard improvements; and WHEREAS, during design of the proposed fire station and corporation yard, it was discovered that the Coachella Valley Water District (CVWD) owns a 10 foot wide parcel along the easterly property line of the City's corporation yard; and WHEREAS, this property lies along the eastern boundary of the corporation yard and currently serves no purpose for CVWD, since no CVWD facilities are located within the property; and WHEREAS, Accepting the dedication would facilitate utility connections for the City's project as well as improve circulation for both the future fire station and the corporation yard; and WHEREAS, CVWD agreed to dedicate the parcel to the City since it served no purpose to the Water District. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. Pusuant to Government Code Section 7050, that 10 foot wide parcel of property adjacent to the corporation yard which will be conveyed by Quitclaim Deed to the City of La Quinta, is here by accepted. Section 2. The City Clerk shall file this Resolution accepting the Quitclaim Deed for recording by the County Recorder. 214 Resolution No. 2009- Quitclaim Deed - Fire Station 32 Adopted: March 17, 2009 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 17th day of March, 2009, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERNONICA J. MONTECINO, CMC, CITY CLERK City of La Quinta, California (City Seal) iu01 F-1 � mii73i1Ti" M. KATHERINE JENSON, City Attorney City of La Quinta, California 1. 215 0J(�-u`M!i•c F`N OFT COUNCIL/RDA MEETING DATE: March 17, 2009 AGENDA CATEGORY: ITEM TITLE: Approval of a Professional Services BUSINESS SESSION: Agreement (PSA) with GKK Works Inc., for Construction CONSENT CALENDAR: Management Services for Fire Station 32, Project No. 2008-03 and Corporate Yard Expansion, Project No. STUDY SESSION: 2007-08 PUBLIC HEARING: RECOMMENDATION: Approve a contract with GKK Works in an amount not to exceed $569,225 for construction management services for Fire Station 32 and the corporate yard expansion and authorize the City Manager to execute the Professional Services Agreement. FISCAL IMPLICATIONS: Adequate funds exist in the Contract Services Account # 401.1791.551.45-01 for the services. The cost breakdown for the services is as follows: Design Phase $ 33,920 Bidding Phase $ 60,080 Construction Phase $386,880 Reimbursables $ 88,345 Total $569,225 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On December 16, 2008, the City Council authorized staff to issue a Request for Proposals for construction management services for the Fire Station 32 and corporate yard expansion projects. The scope of the proposals was to include services during the design phase such as constructability review and value engineering, support during the bidding phase, and day to day management services during the construction and close out phases. A selection committee consisting of the Building and Safety Director, the Public Works Director, Battalion Chief Cooley, and Nick Nickerson from NAI Consultants was appointed by the City Manager and authorized to rank the firms and make a recommendation to the City Council. A total of 18 firms submitted proposals and the following six were selected to give a verbal presentation to the committee: GKK Works Inc. Davis Reed Construction Inc. WLC Construction Services Dudek Willdan Engineering Erickson -Hall Construction Co. The committee ranked GKK Works first and conducted and successfully completed negotiations. The contract is estimated to extend for 15 months and includes options that would allow the project to be built using a "multiple prime" approach in which the City would award multiple contracts to the various subcontractors and GKK Works would function as the General Contractor. This method of service delivery breaks the project up into multiple smaller contracts which should enhance the capability of local contractors to compete for the work. A local incentive clause will also be incorporated into the bid documents in an effort to increase local contractor participation in the project. GKK Works will be required to enter into the City's standard Professional Services Agreement. FINDINGS AND ALTERNATIVES: 1. Approve a contract with GKK Works in an amount not to exceed $569,225 for construction management services for Fire Station 32 and the corporate yard expansion and authorize the City Manager to execute the Professional Services Agreement; 2. Do not approve the Professional Services Agreement with GKK Works.; or 3. Provide staff with alternative direction. Respectfully submitted, om Hartung, �irectorof Building an Safety Approved for submission by: 4E// // -�r Thomas P. Genovese, City Manager 218 Tw�t 4 4 amba AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: March 17, 2009 BUSINESS SESSION: ITEM TITLE: Approval of a Professional Services CONSENT CALENDAR: _9Q- Agreement with Traffex Engineers, Inc. for Contract City STUDY SESSION: Traffic Engineer Services PUBLIC HEARING: RECOMMENDATION: Authorize the City Manager to enter into a Professional Services Agreement (PSA) with Traffex Engineers, Inc. (Attachment 1) with an initial term beginning July 1, 2009 and terminating June 30, 2010, and a not to exceed (NTE) amount of $156,600. FISCAL IMPLICATIONS: The Public Works Department budget contains funding for a full-time Traffic Engineer position. For the past three years, the City has been unable to fill the full-time Traffic Engineer position and instead used Traffex Engineering, Inc. and Willdan Engineering consultants to provide part-time traffic engineering services. The existing PSAs with Willdan Engineering and Traffex Engineering, Inc., expire June 30, 2009. If the proposed PSA is approved, beginning July 1, 2009, the department would use one consultant, Traffex Engineering, Inc., to provide part- time (approximately 20 hours per week) traffic engineering services for both operations and some development review. The Public Works Department Fiscal Year 2008/2009 budget contains $158,768 in salary and benefits for a full-time Traffic Engineer position and $65,000 for contract engineering services in Account Number 101-7005-431.32.07. The proposed PSA with Traffex Engineering, Inc. includes a not to exceed contact sum of $156,600 for Fiscal Year 2009/2010 which would be offset by the salary savings from the vacant full- time City Traffic Engineer position and funds. The not to exceed contract sum for the initial term of the agreement is based on $145 per hour with a maximum of 1,080 hours. 219 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On April 15, 2003, the City Council approved a one (1) year PSA with Traffex Engineers, Inc., following receipt and review of nine (9) proposals from consulting traffic engineers in accordance with City Council Resolution 96-80. On April 14, 2004, the City Council approved a two (2) year PSA with Traffex Engineers, Inc., to continue providing traffic engineering services to the City. This agreement expired on April 14, 2007. On March 6, 2007, the City Council approved an Amendment to the PSA with Traffex Engineers, Inc. extending the term for a period of one (1) year in an amount not to exceed $60,000 to provide traffic engineering services. The Public Works Department has been recruiting for a full-time Traffic Engineer for three years. It is not known when the position will be filled. For the foreseeable future, it is staff's recommendation to continue to utilize Traffex Engineers for contract traffic engineering services. Since 2003 Traffex has provided superior traffic engineering services to the City to include traffic signal coordination, which has resulted in far fewer complaints from motorists, and system improvements that have helped, in part, to reduce the number of accidents in the City. Nazir Lalani, sole proprietor of Traffex, is a nationally and internationally recognized transportation engineer with over 30 years of experience whose services are used by numerous agencies throughout the western United States. He is regularly published in traffic engineering journals and has been hired to testify as an expert witness for several large cities such as Phoenix, Arizona and Seattle, Washington. It is unlikely that the City would attract a more qualified individual at the proposed hourly rate if the contract was readvertised for proposals. On May 20, 2008 City Council approved a PSA that would extend the term of the Traffex Engineers, Inc., contract for an additional year (July 1, 2008 through June 30, 2009) with a total contract not to exceed (NTE) amount of $100,000. If the proposed PSA is approved, Traffex Engineers, Inc. would provide part-time traffic engineering services in fiscal year 2009/2010 for an amount not to exceed $156,600. Traffex would provide traffic operations and some development review for the Public Works Department. ,. 220 The City reserves the right to terminate the PSA at any time upon thirty (30) days written notice to Traffex Engineers, Inc. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Authorize the City Manager to enter into a Professional Services Agreement (PSA) with Traffex Engineers, Inc. for an initial term of one year, beginning July 1, 2009 and terminating June 30, 2010, and not to exceed (NTE) amount of $156,600 during the initial term to provide contract City traffic engineering services; or 2. Do not authorize the City Manager to enter into a Professional Services Agreement (PSA) with Traffex Engineers, Inc. for an initial term of one year, beginning July 1, 2009 and terminating June 30, 2010, and not to exceed (NTE) amount of $156,600 during the initial term to provide contract City traffic engineering services; or 3. Provide staff with alternative direction. Respectfully submitted, Y� Timothy R. J na s n, P.E. Public Works Director/City Engineer Approved for submission by: — l T omas P. Genovese, City Manager Attachment: 1. Professional Services Agreement with Traffex Engineers, Inc. 221 ATTACHMENT 1 PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and Traffex Engineers, Inc. (Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to Traffic Engineering Services, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "Services" or "Work"). Consultant warrants that all Services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such Services. 1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits. Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the Services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the Work to be performed, (b) it has investigated the site of the Work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the Work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the Work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work and Standard of Work. a. Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the Work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by City, except such losses or damages as may be caused by City's own negligence. The performance of Services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective Work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. b. Standard of Work. Consultant acknowledges and understands that the Services and Work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's Services and Work will be held to a heightened standard of quality and workmanship. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant may be asked to perform services in addition to those specified in the Scope of Services. Any such request to perform additional services shall be accomplished by a mutually agreed upon amendment to the Scope of Services, and shall not necessitate an amendment to this Agreement. Additional compensation for the requested additional services not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed One Hundred Fifty -Six Thousand, Six Hundred Dollars ($156,600.00) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Consultant is responsible for payment of any reproduction costs, transportation expense, telephone expense, and similar costs and expenses associated with performance of the provisions of this Agreement. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for Services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the Services provided, including time and materials, and (2) specify each Consultant employee who has provided Services and the number of hours assigned to each such Consultant employee. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for Work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by 223 City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. The term of this Agreement shall commence on July 1, 2009 and terminate on June 30, 2010 (Initial Term). This Initial Term may be extended for one additional year upon mutual agreement by both parties (Extended Term). Unless earlier terminated in accordance with Sections 7.7 of this Agreement, this Agreement shall continue in full force and effect until completion of the Services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Work specified herein and make all decisions in connection therewith: Nazir Lalani, P.E. a. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principal was a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. �24 The foregoing principal may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson, Public Works Director/City Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Assignment. , The experience, knowledge, capability and reputation of Consultant, its principal and employees were a substantial inducement for City to enter into this Agreement. Accordingly, Consultant shall not assign any of the Services required hereunder, or delegate the performance of any of his duties hereunder, without the prior written consent of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written consent of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the Services required herein, except as otherwise set forth. Consultant shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to Services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the Services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: 2?5 Contract Sum Personal Iniury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or 'anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the Services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of "A" or better and a minimum financial size VII. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 226 5.2 Indemnification. a. General Indemnification Provision. 1. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional Services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 4. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this Agreement, 22 7 Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Design Professionals. T. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 5.2(b)(3) below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 5.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop Work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or ,. 228 property resulting from Consultant's or its subcontractors' performance of Work under this Agreement. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require 229 its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City, If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 230 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer progress reports concerning Consultant's performance of the Services required by this Agreement. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such Services. Books 231 and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times during regular business hours, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall, to the extent permitted by law, be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disimes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such �32 immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement pursuant to Section 7.7. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the Services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement. City reserves the right to terminate this Agreement upon Consultant's default or failure to perform the duties or obligations imposed by the terms of this Contract, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. .. 233 7.8 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES: NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City'shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: To Consultant: CITY OF LA QUINTA TRAFFEX ENGINEERS, INC. Attention: Thomas P. Genovese Attention: Nazir Lalani. P.E. City Manager P.O. Box 5784 78-495 Calle Tampico Ventura, California 93005-0784 P.O. Box 1504 La Quinta, California 92247-1504 234 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA OUINTA a California municipal corporation Thomas P. Genovese, City Manager Date ATTEST: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: Traffex I§ngin ers Inc. By: N c131r - Name: Nazir Lal n' Title: President Date: 13-[ Q 235 Exhibit A Scope of Services Traffex Engineers, Inc. shall provide traffic engineering services for the City to include, but not be limited to, the following: 1) Identify and develop solutions for and advise City staff on addressing and responding to citizen requests. 2) Provide technical assistance for traffic signal design and operations. 3) Develop traffic and parking control signage and marking plans. 4) Develop alternative traffic calming plans to address neighborhood traffic issues. 5) Review development plans including environmental impact reports and impact studies for, potential traffic issues and advise City on possible solutions. 6) Attend meetings with the Planning staff to address issues associated with development projects. 7) Attend City Council and Planning Commission meetings if requested. 8) Review traffic collision and other police reports and advise City staff on traffic issues involved. 9) Implement mitigation measures identified in the Annual Safety Report. 10) Assist in the preparation of grant applications for funding capital projects. 1 1) Provide input during the preparation of the Traffic Section's annual operating budget. 12) Provide input during the preparation of the Capital Improvement Program Budget. 13) Work with adjacent cities to coordinate traffic flow along shared corridors such as Washington Street, Jefferson Street, Hwy 1 1 1 and Fred Waring Drive. 14) Assist City in preparing informational brochures for the public. 15) If requested, assist City in preparing an annual traffic safety report. 16) Assist City's Traffic Signal Technician with signal timing and signal communications, central computer signal system, data collection, report preparation and signal/striping plan layout and plan check. 17) Provide technical input to the Assistant Engineer assigned to the Traffic Division with signing and striping changes, issuing work orders to address citizen requests, signal equipment upgrades and parts, collision analysis, speed limits, traffic volume data and other work performed by the Traffic Division staff. This Scope of Services may be amended upon mutual agreement of the City and Consultant, pursuant to the terms and conditions of the foregoing Section 1.6. Exhibit A TRAffEX ENGINEERS, INC. P. O. Box 5784, Ventura, CA 93005-0784 Telephone: (805) 647-1725 Mobile Phone: (805) 701-2021 Fax: (208) 330-8572 February 28, 2009 Tim Jonasson Director of Public Works City of La Quinta 78-495 Calle Tampico La Quinta CA 92253-1504 NAZIR LALANL P.E. PRINCIPAL ASSOCIATE Email: n_Lalani(a,hotmail.com Web Site: www.traffexengineers.com Registered Traffic/Civil Engineer California License # 01415/40433 SUBJECT: CONTRACT CITY TRAFFIC ENGINEER SERVICES Dear Mr. Jonasson: Per your request, this letter serves as written confirmation of our verbal discussions regarding my providing Contract City Traffic Engineer services at an increased level starting in July 2009. The specifics of my proposal are as follows: • Contract Traffic Engineering Services will be provided at an average of 80 hours per month. An additional 120 hours will be provided to finalize the Traffic Calming Program for the City, update the Annual Safety Report, write chapters 31 and 32 of the APWA Self Assessment Report, develop and fine tune new signal timing for the Econolite Traffic Signal Controllers based systems that will be put into operation on Hwy 111, Eisenhower Drive and Miles Avenue and to connect them the Aries System. /�•� +• 6aCtrad a� • The total number of contract hours in FY 2009-20010 will be 1080 hours. • The hourly rate would be $ L 45, F 1' F 514 F a The total contract will be for $156,600 for the first year. • To the extent my services are need for presenting progress reports or provide additional explanations on traffic related issues to the City Council, members of City staff, representatives from the development community, or members of the public, I will make myself available at City Hall. • The City has on file a current business license and the required insurance coverage. If I have not covered any items that you feel should be addressed in my letter, please let me know. Sincerely, Nazir Lalani, P.E. TRANSPORTATION CONSULTANTS 237 Exhibit B Schedule of Compensation Payment shall be in full at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. Total compensation for all Work under this contract shall not exceed One Hundred Fifty -Six Thousand, Six Hundred Dollars ($156,600) except as specified in Section 1.6 - Additional Services of the Agreement. Professional Staff Principal Schedule of Billing Rates Hourly Rates $145.00 Upon receipt by City and under separate invoice, the Consultant shall provide the traffic engineering support services at the following rates: Support Staff Hourly Rates Engineer $100.00 Drafter/Technician $75.00 Secretary $50.00 238 Exhibit C Schedule of Performance The contract period shall be July 1, 2009 through June 30, 2010, unless amended by the City. 1. Complete draft of the Annual Safety Report by April 1 of each year. 2. Complete all of the tasks outlined in Chapters 31 and 32, and task 9.7 of Chapter 9 in the APWA's Public Works Management Practices Manual, 6' Edition by July 1, 2010 as part of the APWA Self Assessment Process. 3. Finalize Traffic Calming Program by August 1, 2009 and make any additions/revisions as requested by the Public Works Director. 4. Develop new signal timing to synchronize the signals on Hwy 111 and connect the system to the City's Aries Central Computer System by August 1, 2009. 5. Develop new signal timing to synchronize the signals on Eisenhower Drive and connect the system to the City's Aries Central Computer System by December 1, 2009 if the equipment upgrades are included in the 2009- 2010 budget. 239 Tit!t 4 4 a" COUNCIL/RDA MEETING DATE: March 17, 2009 ITEM TITLE: Approval of a Professional Services Agreement with VRPA Technologies, Inc. for the Development of Transportation System Management/Transportation Demand Management Solutions for the Washington Street and Highway 1 1 1 Commercial Corridors RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: �� STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement (PSA), in the amount of $79,226, with VRPA Technologies, Inc. for the Development of Transportation System Management (TSM)/Transportation Demand Management (TDM) Solutions for the Washington Street and Highway 1 1 1 commercial corridors (Attachment 1). FISCAL IMPLICATIONS: This work effort is included in the Public Works Department Administrative Budget, account 101-7001-431-32-07, for initiation during Fiscal Year 2008/2009. The Coachella Valley Association of Governments (CVAG) has agreed to provide $75%, up to $75,000, of the total cost of the study. In addition, the County of Riverside, and the cities of Palm Desert, Indian Wells and La Quinta are expected to participate equally, at 25%, of cost of the local share. Staff anticipates that the City of La Quinta's actual share will be reduced to approximately $6,250 if all three agencies agree to participate financially. Staff is working with CVAG to finalize the Memorandum of Understanding (MOU) between CVAG and the affected municipalities. The MOU will be presented for City Council consideration in the near future. In no case will the City of La Quinta's share exceed $25,000. The following is the current approved project budget: City of La Quinta Contribution (Special Studies) $25,000 CVAG Funding Contribution (Measure A/TUMF) $75,000 Total Anticipated Funding: $100,000 2.. 240 As illustrated, adequate funding is available to support staff's recommendation to approve a PSA with VRPA Technologies, Inc. in the amount of $79,226. CHARTER CITY IMPLICATIONS: None. This work is limited to professional services and will not directly result in the construction of a specific improvement. BACKGROUND AND OVERVIEW: The purpose of this study is to develop TSM and TOM solutions for the Washington Street and Highway 111 corridors within the City of La Quinta. Traffic volumes along portions of the Highway 111 and Washington Street corridors have increased in recent years, particularly for the north and east legs of the Washington Street at Highway 111 intersection. Retail developments which tend to draw traffic from a much wider area including nearby cities have also increased peak hour volumes within these corridors. Of particular concern are the intersections at Highway 111 at Washington Street and Washington Street at Fred Waring Drive. This study will develop and evaluate potential TSM/TDM alternatives which may reduce travel delays either through: a) a more effective use of existing capacity, b) adding capacity (if feasible), c) traffic signal synchronization, d) encouraging motorists to use transit, car/van pooling, etc., e) encouraging motorists to travel at less congested times, and/or f) encourage pedestrian and bicycle alternatives. Completion of the TSM/TDM Study will assist the City of La Quinta, CVAG, the County of Riverside, and the cities of Palm Desert and Indian Wells, in exploring potential options which may serve to cost effectively address existing and anticipated congestion along the Highway 111 and Washington Street Corridors. On July 28, 2008, CVAG's Executive Committee authorized payment of 75% of the cost, estimated at $100,000, for completing the TSM/TDM study for traffic congestion solutions for the Washington Street and Highway 111 corridors. On December 12, 2008, the City received 4 proposals from qualified professional transportation planning/engineering firms to develop the TSM/TDM study. The City's consultant selection committee was supplemented with representatives from CVAG, the County of Riverside, and the cities of Palm Desert and Indian Wells. The expanded consultant selection committee interviewed all four consultants on January 27, 2009. Upon conclusion of the interview process, the consultant selection committee unanimously recommended VRPA Technologies, Inc. to develop the TSM/TDS Solutions for Washington Street and Highway 111 commercial corridors. 2.41 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve a Professional Services Agreement (PSA), in the amount of $79,226, with VRPA Technologies, Inc. for the Development of Transportation System Management (TSM)/Transportation Demand Management (TDM) Solutions for the Washington Street and Highway 111 Commercial Corridors; or 2. Do not approve a Professional Services Agreement (PSA), in the amount of $79,226, with VRPA Technologies, Inc. for the Development of Transportation System Management (TSM)/Transportation Demand Management (TDM) Solutions for the Washington Street and Highway 1 1 1 Commercial Corridors; or 3. Provide staff with alternative direction. Respectfully submitted, mothy R. jona P.E. e fo Public Works Dirr/City Engineer Approved for submission by: Ge Tho as P. Genovese, City Manager Attachment: 1. Professional Services Agreement 242 ATTACHMENT1 Last Revised 1-19-07 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and VRPA Technologies, Inc. ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to the development of Transportation System Management (TSM) and Transportation Demand Management (TDM) Solutions for the Washington Street and Highway 111 Corridors, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plusapplicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 243 1.5 Care of Work and Standard of Work. a. Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require professional skills and abilities and that, consistent with this understanding, Consultant's services and work will be held to a standard of quality and workmanship applicable to members of Consultant's profession. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Seventy -Nine Thousand Two Hundred Twenty -Six Dollars ($79,226.00) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time '• 244 and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contractor specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Maleure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 245 3.4 Term. The term of this agreement shall commence on March 18, 2009 and terminate on September 30, 2009 (initial term)• This agreement may be extended upon mutual agreement by both parties (extended term). Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Georgiena Vivian, Vice President a. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson, P.E., Public Works Director/City Engineer, or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 246 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or 247 Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of "A" or better and a minimum financial size VII. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation, ten (10) days notice if cancellation is due to nonpayment of premium. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. a. General Indemnification Provision. 1. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified 248 Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 249 4. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Design Professionals. 1. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 5.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. 1. 250 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 251 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage, ten (10) days notice if cancellation is due to nonpayment of premium. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all .. 252 responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City, If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. .. 253 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) .to monitor the handling of any such claim or claims if they are likely to involve City. 254 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 11 255 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 256 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 257 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 To Consultant: VRPA Technologies, Inc. Attention: Georgiena Vivian Vice President 4630 W. Jennifer, Suite 105 Fresno, CA 93722 .. 258 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. 259 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager Date ATTEST: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: VRPA Technologies, Inc. By: z Name: Georgiena Vivian Title: Vice President Date: 03/10/09 260 Last Revised 1-19-07 Exhibit A Scope of Services The Consultant's Scope of Work, dated March 5, 2009, is attached and made a part herewith. zsi a E t O w >0m> ca > c a m aEi ac cE O 00 oa o m"3¢ o�-mo� of E Via"" �d3 od0oE �- a o a -- m a W Z N 3 a d am= d CD m e aEi m 3 a n IdO n 3 c N 4-- o 0tz vi 0 a a- o o air a Y`o a p U o o E w w E o >@ m y ! a o C L. m r I Tp 3E -. _ C s r N c EU) "d \ OO'.0 >0 d>>O Jm 00Cm cm m E w 2 O O yoZ Om `m o-o E�o m� t.a m y ascan>,.>. ¢ m,N� a� Q �m>�m No-�acoiom L.. ti ¢� Ei2Ui m Q . > m mU) C O N N L L N O N o E E N m a N d m rn U m M E E c .oN O E O E c o O C7 > nO m U) N N m O ` E x0 d U N N > N J r m EUI O .... E wE0"3 `LLI U 3 n +"" L m N L R > L N >. 2. 3 N =O C O MnN W C N� 3 U O O N O N c V m V7 00W-- U)E�3� U r N N O" >. 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Total compensation for all work under this contract shall not exceed Seventy -Nine Thousand Two Hundred Twenty - Six Dollars ($79,226.00) except as specified in Section 1.6 - Additional Services of the Agreement. The contract budget includes the following: Base Contract Amount: $69,024.00 Reimbursable Direct Costs: $ 6,850.00 Optional Work Objectives: $ 3,359.00 Total Contract Budget: $79,226.00 Reimbursable Direct Costs will be billed at cost without markup. Optional work objectives will not be performed unless authorized in writing by the City's Contract Officer. 1• 272 Task Budget TASK 1 Project Orientation HOURS RATE COST EST. TASK BUDGET VRPA Vice President 16 $264.00 $4,224.00 Traffic Engineer 8 $178.00 $1,42400 TOM Contractor 8 $118.00 $944.00 Technical Engineer 0 $10900 $0.00 Support 0 $71.00 $0.00 $6.59200 TASK 2 Assessment of Existing Conditions VRPA Vice President 4 $264.00 $1,056.00 Traffic Engineer 14 $178.00 $2,492.00 TOM Contractor 4 $11800 $472.00 Technical Engineer 26 $109.00 $2,834.00 Support 50 $71.00 $3,550.00 $10.404.00 TASK 3 Development & Evaluation of Feasible Alternatives VRPA Vice President 17 $264.00 $4,48800 Traffic Engineer 40 $178.00 $7,120.00 TOM Contractor 12 $118.00 $1,416.00 Technical Engineer 56 $10900 $6,104.00 Support 100 $71.00 $7,100.00 $26,228.00 TASK 4 Development of Recommended Implementation Strategies, Cost, & Funding Sources VRPA Vice President 10 $264.00 $2,640 00 Traffic Engineer 8 $178.00 $1,424.00 TDM Contractor 8 $11800 $944.00 Technical Engineer 4 $10900 S436.00 Support 0 $71.00 $0.00 $5.444.00 TASK 5 Status Meetings/Conference Calls VRPA Vice President 12 $264.00 $3,168.00 Traffic Engineer 2 $178.00 $35600 TDM Contractor 2 $11800 $236.00 Technical Engineer 0 $10900 $0.00 Support 0 $7100 $0.00 $3,760.00 TASK Reporting VRPA Vice President 18 $264.00 $4,752.00 Traffic Engineer 18 $17800 $3,204.00 TOM Contractor 13 $11800 $1,534.00 Technical Engineer 6 $10900 $654.00 Support 20 $71.00 $1,420.00 $11,564.00 TASK 7 Presentation VRPA Vice President 4 $26400 $1,056.00 Traffic Engineer 4 $17800 $712.00 TDM Contractor 4 $11800 $472.00 Technical Engineer 0 $109.00 $0.00 Support 0 $71.00 $000 $2,24000 TASK 8 Public Outreach VRPA Vice President 3 $264.00 $792.00 Traffic Engineer 1 $17800 $178.00 TDM Contractor 1 $118.00 $118.00 Technical Engineer 0 $109.00 $0.00 Support 24 $71.00 $1,70400 $2,792.00 SUBTOTAL 517 $69,024.00 EXPENSES $6,85000 TOTAL BUDGET: $75,874.00 OPTIONAL TASK 7.1 Presentation to CVAG Committees VRPA Vice President 6 $264.00 $1,584.00 Traffic Engineer 4 $178.00 $712.00 TDM Contractor 4 $118.00 $472.00 Technical Engineer 0 $109.00 $0.00 Support 4 $71.00 $28400 $3,05200 Expenses $300.00 $3,352.00 273 VRPA Technologies, Inc. Contact: Georgians Vivian 4630 W. Jennifer, Ste. 105 Vice President Fresno, CA 93722 559 259-9257 >'!ffer Hourly Rate Overhead Profit Total Hourly " Hours Amou G. Vivian, Project Manager $87.44 $148.81 $2835 $264.00 84 $22,' E. Ruehr, Project Engineer $59.01 $100.43 $1913 $178.00 95 $16,1 K. Colvin, TDM 8 Outreach Specialist $39.14 $66.61 $12.69 $118 00 52 $6, A. Jatar, Technical Engineer $36.17 $61.56 $11.73 $109.00 92 $10,1 Staff Support $23.47 $39.94 $7.61 $71.00 194 $13, 517 ubtotal, Direct Labor SubcontnictorslConsultants Meals Lodging Rental Car Mileage Airfare Other TransportatiomPanong )ther Direct Costs $1 Reproduction Costs $� Presentation Matenals $ Other Mmbng/Speoal Event Costs $1 'ostage/Omi veght Mal lu Total. Direct Costs ,.,......a ,..._ .._._. -.._ $3,359.78 Optional Task 7.1 .. 274 Last Revised 1-19-07 Exhibit C Schedule of Performance Consultants Project Schedule is attached and made a part of this agreement. Consultant shall complete services presented within the scope of work contained within Exhibit "A" in accordance with the attached project schedule. 275 s. r Task 4 ws ASK1 Project Onenlation Task 11 Imtial Meeting Task1.2 Milestone Reviex Meetings ASK 2 Assessmentof Exastmg Conditions Task 2.1- Review of Existing TOM Programs Tatk 2 2- Existing TSM Conditions Analysis _ Task 22,1 Establish Study Area Task 2.22 - Existing Condition, Analysis TASK 3 Development and Evaluation of Feasible Alternatives Task 31 Develop & Research TOM Measures Task 31 1 TOM Alternatives Analysis Task 32 TSM Alternatives Analysis Task 3 21-Roadway Improvement Analysis Task 3 2 2 - Future Conditions Analysis f Task 12 3 - Develop & Evaluate TSM Improvement AlbonedWes ASK 4 - Developmevn of Recommended Implementation Strategies, Cost & Funding SmweCe Task41 Developmentof Impiemanuuon Stralegies Task 41 1- Recommended TOM Implementation Strategies _ Task412 Recommended TSMlmplememation Strategies Task 4.2 Development of Planning Level Cost Estimate Task 4 21. Development of Planning -Level Com Estimate for TOM Task 4 2 2 - Development of Planning Level Cost Estimate for TSM Task 4.3 - Evaluation of Funding Sources Task43.1 TOMFunding Seumes Task432 TSMFundin95ources TASK 5 Slaws MeehngslConferemse Calls (Weekly & As Necessary) m TASK 6-Repmng Task 61 Admnstfative Draft Report Task 62 Draft Report .. Task 6.3 Final Report ASK 3 Presentation ASK 8 - Public Crunch LEGEND Task to be completed dung this time frame ® Intal Meeting w6tagIPWDT Milestone Meetings wlSodWPM M,le tone Meetings PDT Status Meetings OFinal Presentations 276 Last Revised 1-19-07 Exhibit D Special Requirements NONE. 277 eM oe r�+F o COUNCIL/RDA MEETING DATE: March 17, 2009 ITEM TITLE: Approval to Appropriate Funding and Award a Contract to Parsam Construction, Inc., in the Amount of $963,697 to Construct the Lago La Quinta and Villas at La Quinta Sound Attenuation Walls, Project No. 2006-02 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: �.'L CONSENT CALENDAR: C-L STUDY SESSION: PUBLIC HEARING: Appropriate an additional $354,176 from unassigned Transportation Development Impact Fee (DIF) funds, award a contract to Parsam Construction, Inc., in the amount of $963,697, Project No. 2006-02 and authorize the City Manager to execute the contract. FISCAL IMPLICATIONS: The following is the recommended funding and funding source for the combined sound attenuation wall project for Lago La Quinta and The Villas at La Quinta: Transportation DIF Total Funding: $1,556,880 $1,556,880 Based upon the low bid received from Parsam Construction, Inc, in the amount $963,697, the following is the project budget: Professional: $30,000 Design: $100,508 Inspection/Testing/Survey: $86,140 Construction - Sound Attenuation Walls: $963,697 Construction — Waterline Relocation: $250,000 Administration: Contingency: $55,512 $71,023 Total: $1,556,880 The Coachella Valley Water District (CVWD) agreed to fund 80% of the costs to relocate the waterline adjacent to the Villas of La Quinta. Therefore the project now requires individual water services from each resident to another waterline in Washington Street. CVWD normally does not pay for private service laterals; however, as of the writing of this report staff was still in negotiations with CVWD to make an exception to this policy. To date the City has expended $18,065 on the design of the waterline, and staff estimates the waterline construction costs to be approximately $250,000, for a total cost of $268,065. The sound attenuation wall adjacent to the Villas of La Quinta cannot be constructed unless the waterline is either relocated or new service connections are made to the existing waterline in Washington Street. Subsequently, staff recommends that additional funding be appropriated from unassigned Transportation DIF funds to cover this cost in case CVWD does not fund this project. If CVWD decides to fund their portion of the waterline improvements the DIF will be reimbursed for these expenditures. CHARTER CITY IMPLICATIONS: At the time of the bid, the project was expected to be 100% funded with Transportation DIF funds which are generated locally. Subsequently, the project was bid without the prevailing wage requirements. BACKGROUND AND OVERVIEW: The proposed improvements include the installation of sound attenuation walls on Avenue 50 adjacent to Lago La Quinta, and on Washington Street adjacent to The Villas at La Quinta. As a water conservation measure the project scope has been expanded to include the installation of drought tolerant landscape improvements within the parkway adjacent to Lago La Quinta. At the request of CVWD construction of perimeter walls surrounding CVWD's well site on Avenue 50 and the relocation of a conflicting waterline serving the Villas of La Quinta were added to the project. 279 On May 1, 2007, the City Council adopted a Resolution approving the Fiscal Year 2007/2008 through Fiscal Year 2011/2012 Capital Improvement Program (CIP)• The sound attenuation walls adjacent to Lago La Quinta and The Villas at La Quinta are included in the adopted CIP budget as a single project and reflect previously appropriated funding. On December 18, 2007, the City Council approved the plans, specifications and engineer's estimate (PS&E) and authorized staff to advertise for bid the Lago La Quinta and The Villas at La Quinta Sound Attenuation Wall Project No. 2006-02. The project was initially advertised for bid in late December 2007. Shortly thereafter CVWD initiated the process of relocating the existing fire hydrants to make room for the sound attenuation wall at The Villas at La Quinta. During this activity, CVWD discovered that the waterline serving The Villas at La Quinta was beneath the property line where the proposed sound wall was to be constructed. The advertisement for bid for the project was discontinued until the issue could be resolved. Following further investigation, staff learned that the existing waterline was not recorded on CVWD's water facility atlas, nor was it marked in the field by Underground Service Alert (USA) during the designer's pot holing (i.e. field verification) process. In short, the location of the waterline was not known until CVWD attempted to relocate the existing fire hydrants to make room for the new sound attenuation wall. The conflicting waterline must be relocated before the sound attenuation wall improvements can be installed. Several options were explored with CVWD. Ultimately it was decided that the existing waterline would have to be abandoned and new service connections would have to be made to an existing newer waterline in Washington Street. On February 19, 2008, the City Council approved a Reimbursement Agreement, between CVWD and the City of La Quinta, for the construction and relocation of a waterline within The Villas at La Quinta, in conjunction with the construction of The Villas at La Quinta sound attenuation wall, Project No. 20015-02, subject to any final revisions approved by the City Manager and City Attorney. On May 6, 2008, the City Council approved Contract Amendment Number 1 to Omnis Professional Services Agreement (PSA), in the amount of $9,480, to provide additional engineering services for the relocation of the waterline fronting The Villas at La Quinta Sound Attenuation Wall, Project No. 2006-02. In addition, two additional contract amendments to Omnis PSA were approved by staff. Contract Amendment Number 2 authorized an additional $5,780 for the preparation of landscape and irrigation plans to convert the parkway adjacent to Lago La Quinta from turf to drought tolerant landscape. Contract Amendment 280 Number 3 authorized an additional $7,808 for Omnis to locate the existing utilities within the Villas of La Quinta common area in response to CVWD's plan check comments for the proposed waterline relocation and to pay CVWD's plan check fee on behalf of the City. On February 5, 2009, twelve (12) sealed bids were received for the construction of this project. A detailed bid comparison summary is provided for the City Council's review as Attachment 1. The basis of award is the lowest combined bid of the two Base Bid Areas plus Additive Alternate No. 1. Sierra Landscape Company was the apparent low bidder at the time the bids were opened by the City Clerk, with a bid in the amount of $915,960. Unfortunately, Sierra Landscape Company did not comply with the requirement that at least 50% of the work be performed by the prime contractor as set forth within the project specifications. Subsequently, the bid received from Sierra Landscape Company has been determined to be non -responsive and is rejected. Considering Sierra Landscape Company's bid is considered non -responsive, and correcting for arithmetic errors in other bids, staff determined that Parsam Construction, Inc. submitted the lowest responsive bid in the amount of $963,697. Contingent upon City Council authorization to award a contract, the following is the project schedule: City Council Awards Contract Sign Contracts and Mobilize Construction (120 Working Days) Project Close-out FINDINGS AND ALTERNATIVES: March 17, 2009 March 18 - 31, 2009 April 2009 — July 2009 August 2009 The alternatives available to the City Council include: 1. Appropriate an additional $354,176 from unassigned Transportation Development Impact Fee (DIF) funds, award a contract to Parsam Construction, Inc., in the amount of $963,697, Project No. 2006-02 and authorize the City Manager to execute the contract; or 2. Do not appropriate an additional $354,176 from unassigned Transportation Development Impact Fee (DIF) funds and do not award a contract to Parsam Construction, Inc., in the amount of $963,697, Project No. 2006-02; or 281 3. Provide staff with alternative direction. Respectfully submitted, 40thy R. o sso P.E. Public Works irec r/City Engineer Approved for submission by: /;Ix- '�� &4,-& �0' (-_ Thomas P. Genovese, City Manager Attachment: 1. Bid Comparison Summary CITY OF LA QUINTA ATTACHMENT 1 LAGO LA OUINTA AND VILLAS OF LA QUINTA SOUND ATTENUATION WALLS PROJECT NUMBER: 20oBA2 BID COMPARISON SUMMARY ENGEVEER'S ESTIMATE Sierra Landoope Pamam Contraction Inc. Maenn Corporation EBS Concrete Deaerl Concepts Construetlon Bogh Construction Inc.& Bogh Engineering lve. Dalelantl ITEM NO DESCRIPTION QTV UNIT UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNITPRICE EXTENDED PRICE ON IT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTCN PRICDED E UN IT PRICE BASE BID AREA "A" LAGO LA QUINTA I MobdizaUon 1 IS 525 ON $25(O U S31 O]0 531 NO Or SJO WO Or $30,000 N 7-1. OR 573. V 55 W0 $5000 IS SIP89a 01 SI0891 N So 000 Or S6 W9 K SI35W 2 Clecro eM Gmbbm 1 L$ $2Q 520,MM SJ6.W0 S360W S25,W0 $25 O:A 52ONO SIB CPo N 5905. UP 590 On IS 540.8E0 IS SAE 800 V 544,400 IS $44.400 Or 565 NO ] 4 Dut nwl TLIM, Cretrut 1 I IS LS 525 SIM S2500 S4 W0 54.100 P $41M N SS,Ob SWO SIB..IOCW 54 W0 54 O]0 I25CO 512,500 5555O 555500 529,9W JWO 520 BOB p NO W 5200 58 W0 SWork 58.000 SIONON 12000 S12000N 59500 SM. $22.IX0O 220W $6 NOO IS 56660 56 BOB 5 Structure Exceveck aBeck011 Qnduding uvu0on allMbackbackfifly xre I LS 525. S25 Or N S40000 9 S35 W0 N S3$J,W 55,5000 S5,oX 513098 OX S I ".1 .1 510,200 6 Ten Secure Fenon 1 LS Si DO, $11 W] sus. OK S95W 54.NO a S4 Ob S1.000 SIOOW SI's. 0, SLSW S73CO S73W N 54,995 N $4,995 OC S8 SW ] Retrove Tire 12 EA PS SXWBOK 5195 521400 $250 N SJ WD v 1500 DO S6"U 0 SaMi S6500, 59,80 S2775 51130 583 8 Camtmct acs' WW[ PCC Scull Wall Fwbn 1688 LF 545 E7590 $36 560,7680 560 SI01280 535 559,080 SJ9 5658J2 $]5 559,080 54525 S]6,J82 54055 9 Cenumet H" Masonry SouM Well nth Red Brick CAVECUSN10 I,688 IF $14 5236320 $85 $143,4800 SIDO 5168800 $79 S133,352 S]]0 5129176 $80 W 51]CO S1239 52W,2]02 5852 Canswctlb"x 16"MdX"" Pdestu mlh RAN] Brick baWiP]'-0" to 0' 21 EA 55]5 SI2.0]5 51600 5]560 54W S8400 $,is 56615 S6W 5126W SJ50 5].350 S52 I ] 510,955 ] 0340 2 11 Fabne CAR,Ac lnsu1132'xndex 6'fhPJt Sicl Double F wtn Gel[ I LS 510 11 OAW 55,O00 SS. 510,OW IIDOCOO $6,50o 56,SW $40W SgWO 09,500 ff9,5W S7,9425 57,9425 $4 W]0 12 L ton59<m L$ 558,8 SSB BW 5224W0 $224W 025,OW $250W 020,WJ 520 W0 5256W $256W 521250 521.250 S23NJ19 523,6J19 12]IW I] LaMxty Plvnlin LS 541,B S41 IW S2S NO 525.W0 025,O:U 525,0W 522,0W S22 OW 529290 529220 SJ2255 512255 E365112J S165112 Sll]50 14 Mamlrnan<c uM PIanI ESlabbshttrnl(9O der ) IS $IS SLSW SI OW 518W 52 W0 $2,000 53PW SJ.W] S9W ISO SLSW S25W It 41747 S. 4174 $950 SUBTOTAL BASE BID AREA"A". $512.955. 53]1,948. 5425A80 $4L1,34] 5423.2]8. 89,t69. $45BI52 BASE BID AREA"B" VILLAS OF LA QUINTA 15 Mobdrzetwn I LS S2-5-w 525,O00 IS 530 DO V S30 No OB S25 W0 $25,OW S800Po $80 C0) S50o 55,000 S27,394 S27294 56660 N $BSW 16 Ccirring ell Grabbirs I IS $II ON SI2000 S]9 Iwv S19.IWOd III W0 N $Is WD N $18000 SIB CW 591960 591,9W E61,090 561090 SJ9960 519960 $61 WO Be I] Dust Control I LS 525W S25. 542W 54,200 SS,WO SS WO $3 MM SJ CW S40ar Sa'. SI0000 $1000 Sa 995 $4.995 $14 WU 10 TraIBC Conlml 1 IS 54 S4 No 5J,W0 510W 514W0 SIO.WO S50W S50OO 95W 9,50) 522000 522. SNE60 56.660 V S4200 Ig Strvce.A'... atmneMBeckfill (tndudtng n all backfilll I LS $35, 535,W00 S2yCW S24,OW S15,W0 SIS,W] $JS.WO S35,OW SW E5 569,465 S4,500 54,5W SIL'BO, 513,098 5565W Ot 20 TenWeva SecurityFrnnn 1 IS $1L SI1 NO, 59,500 S95W 54W] S4,WJ SIOWO 51O0W SI SW SI 5000 5]l50 N S7,350 54995 54,995 P, 59,450 21 Renov[1rte 12 EA 515 sgmw 5195 U, S2 14. .1 5250 53,000 a S5W 560W 58W N 59,600 51,200 N SI44Po N $1IIO $1332QU M120 22 Cotrsrtua 6'-8" Wide PCC SovM Wall Forcing IA99 LF S55 $82445 N 566 $9.934.1 E20 Most 930 U S56 SO 944 S58 D, 506,94E a se. D, 589940 IS S]413 SIII 1208 $601 23 Construct ]'-0" Wide FCC SoaM Wall Fwung 202 LF 56 512, 120 S72 514544 S75 A SI5150 st S69 00 SI35J4 $62 a 5-12,524 a $90 X 514,140 N 50141 $16.48 S7231 24 Cotnrtuct 4"Thick PCC Walk 192 SF SI S20M SOOK 52408 A $6 IS E1,032 of S6 W S1032 Oy 5525 $9. D, MOV 5555 59546 $35 25 Per CRy SwMard 320 all CamwnI heN CurbOutletPlans DSAVrind on Shen 2 rb Plans I CA S2, 52 No S5,Wo0 55000 S30W 9PO0 SI,WO St OW 56WO SEAsO 54,5W SLSPo $2]]5 52,]]5 SC(N) Ou 26 Cons.11' si SwM WWI with RN Bntlt Ce hei I=10'm 10'-S. 1701 IF SIDS $314685 5113 5192213 S130 $22I,110 511E 5190512 59] SI64,99J SIIJB $193,5738 $13653 $232 237 5 $1238 22 ComWell6"xl6" Masonry Pilaltt xtth Red Brick '- Cehei6' 108" 12 E6 5]]5 $20925 5420 S11340 W SI SIO,BW S38O SUL260 56]5 SI8,2250 S4W SlO,BW SW265 518,4315 $4104 20 Cold Mill Exisbn8 Pavemrnl2 inches Dap Comer 2-inch Thick ARAM Ouerley, all Rasure Exrsung Stnpm& ell Mark-(Washai Street) 13,500 SF 53 $40500 N $275 S37111 S] Do M0,500 S25U 533750 N $255 S34,425 A S3 U 545,9Po $J] $49,150 a 5257 i9 Cotrstruu Type If Shi Sea (Private ROM all Dana SD50 SY S SIOIW S3 SI5,1 so Soso$2525 SI 55.050 5255 5128'%25 $32 S1QJ6] SOS 52,828 $28 ]0 ImuII Blue A ram Marker 5 EA 51 Fa 55W $II M $160 VS30M SI50 $40 S200 OK S20 SIW Oc $50 $250 Ot S I I I DO S555 A 550 21 Im ...S . 1 IS $4I5 547,50) N SIBRO SIS]W a $254W0 Do S25,000 N 51EARN) O M8WUOQ 515442] 00 51542] 51 S500 OC 519,500 IS SIZ05]J $1],05]] 523IOU NO 32 LaNsu Planting 1 L$ 535 BOB 95000 U 5222W K S222W N 525 W0 5254000 N 5190Po 99000 III$2131a Ou S23326 IS $36735 $36,]]5 N S3 14375 26 S313752 52]IW 33 Mamtenanre all Plant EstabbSEment(W de ) I LS SL5 SI SW EI BW $I,BW S2,W0 52.WO 530W SJ WJ S9W 59W S2,5W 52,5W 51,0274E SI,0234 SEES SUBTOTAL BASE BID AMA"B" $687,839.N 553638E j565,6]LS BE fiW.B ss]4 aL4 AI Addnntve Alternate l -CVWD Well Site WWI 34 M961hielwn 1 LS SLO W SI O $2 W] 5200 SIOOYv MOM SIS,000 SISCW S15W SLSW 53090 S3,090 $555 $555 5JW 35 Charring and GntbbI. I LS $s BID O S12W S1,2W SSWO SS O}I S2 (Pay52,CW 95W P.SW 53540 SUMO 526196 526196 5250 36 Cost Conlral I LS SI SI WO $850 $850 $5W SaW 51 WO $LOW $6W S600 W S25 S25W $555 $555 $5W 37 Tre RC ControlI LS 51 51.000 SI OSO $1050 ffi.oOO 52000 52.W0 52000 SSW SAW 516000 $16.000 5555 5555 S25O 38 SwcweExrevauon ell Bwkfll Qncluding n ovitrietevaAM beckfilp I LS 525, S25,OW $ISt.SLOW E2W00 SZW] 510 W0 W SIOO SS,SWO 55,500 S25W 52.SW EI III 51,221 $2,SW 19 TrnEonSavnly Frnnn 1 LS 51 51,000 37W S]W E3W0 5JW 52.W0 52000 5250 E250 E6W 560 $4W E4440 SBW 40 Comwa 4'-8" WOO FCC Saint Wall Fwun 118 LF S45 S54I10 S 532 A S3,]]6 of S60 N 5708O A S35 N 54,130 S39 Of5460E N Stitt, 54130 IS 54784 $5 645 1 S3775 41 Construct DriNany CLrb Cur M City Swad,rd 201 25 LF 54 SI NO X $42 Gi $1,050 S25 or 5625 N $60 IS SLSW 545 51125 SIWIS S25W 55328 51,33E N $22 4e Construct CarrierDrtvevey AyproaeM1 Let City282 UMam2 SF SIS 54230 511 0, S3,102 IS 58OX 52256 S20N 55640 S6 N 51,69E S180, $5076 IS $III 53,130E 6375 43 Consw<t 6"Thwk FCC Slab 255 SF 515 SJ,BS N SI.D, P550 560 SI UO S15N 9825 56 us SIL530N SON S3,825 OKSIII E28I05 53 ]5 44 Comwu B" Mewmy SauM Well wuh Rod Unek Cn IM1weM1t=>'A" 'H' 119 Ik SI4 $14520 SBO $9,4,Q SIW SII BW S]9 59,32E S]] 59086 SM 59,440 59268 SII P62 5852' 45 C..11, l6"x16'Mamnry Pipst<r wnh Red 9nck Ca haebt=]' 4" m 8' 3 F.A 5595 S1?25 960 SI,O80 $4W 512W 5315 5945 56W SI,BW EI50 51,050 E521] 51,5651 SN02 46 Dar t WWe Sne Getepp CVWD Standard W-0J nWautwe6'ht weld IS 514 510WG 545W S4 INN SS.WO SS CW S25W S25W 59W0 5900 SI20W 512,000 53085 SJ 885 S6,2W SUBTOTAL ADDITIVE ALTERNATE At S]4.61U p2,2980 $49391 55986E $J6,SBSU 566,351 U5,86J] TOTAL BID ITEMS (Institute Allrmatwr At. $1,2914N. $915,560U SI,UIE 988U SIA19,691 $1.OI.5.5J45 I .386748 51,11611,45 ].2 284 0 J a z J � Q yOjgf zF J ZKN .g rowfz O U JOV �6G j 0 a 5 5 a M § u° E u � I 8 C _ E : 22pp SL�E sp 44 S 4444 SSn 8 0 8 44444p SSS 44sppppp SSEd 44 S 4p4p EE==w 44 b 8 `^ 44ppsQ wSbS 444QIIII4q SSSS 4p S 4p E8w � - - ss S 8 � WW 4 = x` u° fY n wV V u 85 cep 4 Qu&rcv Fy OF n;0 COUNCIL/RDA MEETING DATE: March 17, 2009 ITEM TITLE: Approval of the Plans, Specifications, and Engineer's Estimate (PS&E) and Bid Documents and Authorization to Advertise for Bid the Cove Street Signage Program, Project Number 2008-12 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Plans, Specifications, and Engineer's Estimate (PS&E) and bid documents and authorize staff to advertise for bid the Cove Street Signage Program, Project Number 2008-12. FISCAL IMPLICATIONS: The project is included within the Public Works Department Operational Budget for Fiscal Year 2008/2009. Funding in the amount of $100,000 (Account Number 101- 7003-431 .56-46) is available for this work. At the study session on December 2, 2008, City Council approved installing two larger street signs at all intersections in the Cove. Staff recommended that due to the anticipated additional cost for the signs chosen, a budget increase would be necessary. Staff estimates the cost to install the 576 signs outlined within the project bid document for the Cove Street Signage Program to be approximately $218,000. Considering contractor bids have not been received and actual costs are not known, staff does not recommend adjusting the budget at this time. Staff will prepare and present the appropriate funding recommendation at the time the City Council considers award of the contract. CHARTER CITY IMPLICATIONS: This project is 100% funded with locally generated funds, therefore the project will be bid without prevailing wage requirements. 286 BACKGROUND AND OVERVIEW: On July 15, 2008, the City instituted the Cove area street sign demonstration project and installed new 9" reflective street signs along Calle Nogales in the La Quinta Cove. The new larger high reflectivity signs were placed on both new posts at the center of the curb returns and on the existing stop sign posts. Feedback from the Cove residents was almost entirely positive with the majority of responses favoring the new posts with the larger street name signs at the center of the curb return. On September 16, 2008, City Council reviewed the recommendations from the demonstration project and agreed to the sign placement at the center of the curb returns on new signposts and directed staff to come back with various sign color and design options at a future meeting. On December 2, 2008, the City Council selected the sign type and color and directed staff to proceed with replacing the existing street name signs in the Cove Area. The Plans, Specifications, and Engineer's Estimate (PS&E) and bid documents for the Cove Street Signage Program, Project Number 2008-12 are complete and available for review at the Public Works Department. The project includes removing the existing street name signs and replacing them with 576 new street name signs of the type, color and dimension approved by the City Council (Attachment 1). Contingent upon City Council approval and authorization to advertise for bid on March 17, 2009, the following is the project schedule: City Council Authorization to Advertise for Bid March 17, 2009 Project Advertisement March 20 — April 22, 2009 City Council Awards Contract May 5, 2009 Construction (80 days) May — July 2009 Accept Improvements August 2009 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Plans, Specifications, and Engineer's Estimate (PS&E) and bid documents and authorize staff to advertise the Cove Street Signage Program for bid, Project Number 2008-12; or 2. Do not approve the Plans, Specifications, and Engineer's Estimate (PS&E) and bid documents and authorize staff to advertise the Cove Street Signage Program for bid, Project Number 2008-12; or 3. Provide staff with alternative direction. 287 Respectfully submitted, 0� Ti othy R. Jona so .E. Public Works Direct /City Engineer Approved for submission by: /�,lliLL' 4, TTI 'omas P. Genovese, City Manager Attachment: 1. Cove Street Sign Standard Plan 288 WHITE REFLECTIVE LETTERS 111fi�li�llull INTERSTATE , z GREEN REFLECTIVE w SHEETING k w J N I BC IV CTR %`---RNV 2' (MIN.) SIGN LOCATION FROM C.F. C a G EC TYPICAL PLACEMENT �ApOTEZUMA ��ON 12" ALUMINUM 90* CROSSPIECE TO i TO FIT 0.125 SIGN BLANK VARIES 30", 36", OR 42" 01VIlluMA 2" SQUARE x 12" ALUMINUM CAP WHITE REFLECTIVE LETTERS REVISIONS DEPARTMENT OF PUBLIC WORKS No. DATE ENGINEERING DIVISION APPROVED BY: TIMOTHY R. JONASSON, P.E. DATE Pubic Works DfmcWlCiry EiWin PC E No 45843 2" SQUARE QWIK PUNCH POST DRIVE RIVETS —� (2 min. REQUIRED) POST BELOW GRADE 0 560-C-2800 CONCRETE SLEEVE ATTACHMENT 1 WHITE REFLECTIVE LETTERS i 0.125" THICK TYPICAL SERIES C LETTER 3M DIAMOND GRADE TYPE II DOUBLED FACED •001 E 12" SQ 9" STREET NAME SIGN (COVE AREA) MI STANDARD PLAN No. 501 SHEET 1 OFII I � . icy Qw5 y OF TttF COUNCIL/RDA MEETING DATE: March 17, 2009 ITEM TITLE: Consideration of Approval of Fiscal Year 2009-2010 City Council Goals RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: / CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the City Council goals for Fiscal Year 2009-2010. FISCAL IMPLICATIONS: No direct fiscal implications will result from this action. Staff proposes to develop programs to implement selected goals and will identify cost projections as part of the Economic Development Plan, Capital Improvement Program, and budget process. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council conducted a study session on February 17, 2009, to discuss its goals for Fiscal Year 2009-2010. The minutes from that study session are included as Attachment 1. Based on City Council direction, staff has updated the list of City Council Goals to include those that have not yet been completed from previous years and new ones introduced at the February 17, 2009 meeting. Staff has also included a list of key staff goals, which were previously included in the Fiscal Year 2008-2009 Annual Financial Management Review. All of these goals have been grouped into the following categories: Fiscal, Economic Development/Community Promotion, Quality of Life, Transportation, and Public Safety (Attachment 2). Each goal has been listed under applicable categories, which include: Economic Development Plan; 290 • Capital Improvement Program; • Budget; and • Other/Comments. Staff is looking for a consensus from City Council on the goals presented in the report. Each goal which is approved by City Council would then be included into one of the components and corresponding documents of the Strategic Planning Process (i.e., Economic Development Plan, Capital Improvement Program, and Annual Budget) for Fiscal Year 2009-2010. It should be noted that the draft Economic Development Plan and Capital Improvement Program will both be reviewed by the Council on March 17, 2009, and the Marketing Plan will come before Council on May 19, 2009. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the City Council goals for Fiscal Year 2009-2010; or 2. Do not approve the City Council goals for Fiscal Year 2009-2010; or 3. Provide staff with alternative direction. Submitted by: -A 1i4zv- Bret M. Plumlee Assistant City Manager — Management Services Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Individual City Council Goals for Fiscal Year 2009-2010 2. 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C c « J E o > d O U rCyp C 0_ O «c ap 0 lob dcm -ro O C N E7r `ww C 0 N C,E7 0 ILQ y(a 7 C C C$ .W d C«;N O �O 0 O O. d w IM c O OL) o o — =O 0 0 CCU cci0 N 0 O V) OUL . w w E a ui N � 300 City Council Minutes 14 ATTACHMENT 2 active areas within the project; and stated he would rather have the applicant come back with some suggestions. Mayor Adolph stated the applicant has a sense of what the City Council desires as amenities for the project. Council Member Kirk stated since the applicant is requesting both general plan and zoning changes, he feels -it is appropriate to ask for some amenities. Council Member Franklin asked for clarification as to whether or not the City Council wants the applicant to include a community center, and the consensus answer from the City Council was "No." Council Member Henderson asked staff's perception about reducing the side - yard setback from 20 to 10 feet. Planning Director Johnson stated he understands the applicant's request, and noted the setback is larger than what is typically seen. Council Member Henderson suggested the possibility of splitting the amount. Mayor Adolph stated the design of the home would have an effect on the three lots in order to reduce the setback. Mr. Knight explained the larger architectural features he has proposed would not be applied to the perimeter lots. Mayor Adolph stated he wants to make sure the homeowners' side - yard view is not a massive structure. Council Member Kirk agreed with the applicant that the setbacks for Lots 24 and 25 will not have as much impact, and stated he feels Lots 89 and 90 will have a greater impact. He suggested this item be continued for 2 to 4 weeks for staff to address these items with the applicant. Mayor Adolph declared the PUBLIC HEARING RE -OPENED at 8:03 p.m. MOTION — It was moved by Council Members Kirk/Henderson to continue the public hearing to March 17, 2009. Motion carried unanimously. STUDY SESSION 1. DISCUSSION OF CITY COUNCIL GOALS AND THE FISCAL YEAR 2008/2009 ANNUAL FINANCIAL MANAGEMENT REVIEW. Assistant City Manager -Management Services Plumlee presented the staff report. 331 City Council Minutes 15 February 17, 2009 Council Member Henderson complimented staff for an outstanding job in compiling the Annual Financial Management Review given the current economic situation; and noted the recommendations are to continue carrying out the goals to the best of our financial ability and maintain public services and public safety. She stated the Orange County Division of the League of California Cities has requested to submit a letter to the governor to suspend AB 342 and SB 395 regarding greenhouse issues. Council Member Kirk thanked the City Manager and management team for preparation of the document. He conveyed frustration about the goal setting process, noting that the 33 goals listed are a composite of individual goals and not goals of the entire City Council. He requested the process be changed to focus on a consensus of goals and suggested addressing what the City Council wants to achieve during the next year and review in the future. As for his personal goals, he wished to see an acknowledgement of Federal programs to take advantage of Federal stimulus funds; and suggested adding local job creation and incorporates a sense of economic development as part of the equation to the "Green and Sustainable La Quinta Program." He would like to see job creation weaved into other aspects such as affordable housing projects, neighborhood revitalization, and business development activities. Council Member Franklin stated she feels the list of goals is magnanimous, and should be narrowed down. She suggested adding a goal to renovate the sports complex as she understands the School District is not going to help in that effort. City Manager Genovese stated staff will come back with alternatives if the School District does not come up with the funding. Council Member Franklin also suggested increasing funding to the Chamber of Commerce to help businesses in the City. Council Member Sniff stated his suggested goals as follows: maintain and enhance fiscal integrity; protect the citizens' lives and property; ensure funding for capital improvement projects; maintain city properties; continue working with the Chamber of Commerce and La Quinta Arts Foundation; advertise and support our business community; and allocate funds to promote and advertise La Quinta. Mayor Adolph stated his goals as follows: balance the budget with only revenues received using a conservative estimate; prioritize expenditures with required expenses first then non -required items; be more flexible, adaptable, and creative in job classifications in order not to reduce staff; maintain existing grant levels; temporary freeze on all new and outside hiring; explore ways to get a share of the Federal stimulus funds to reduce losses in sales 302 City Council Minutes 16 February 17, 2009 tax and transient occupancy tax losses; and continue working on 2008/2009 budget goals where economically feasible and still viable. Council Member Sniff stated we do not know when Federal stimulus funds will be available, and that goal may have to be postponed. Mayor Adolph noted the President is talking about getting monies to the cities to help. Council Member Henderson stated the staff report references the possible availability of funding for infrastructure from the stimulus package, but noted State and Federal funding comes with a lot of requirements that can slow down projects. Assistant City Manager -Management Services Plumlee explained staff is compiling a list of shelf -ready type projects in preparation of receiving funds from the stimulus package. Council Member Sniff agreed with Council Member Henderson regarding Federal funding, and suggested being careful about counting on the funds. City Manager Genovese noted the Annual Financial Management Review document is staff initiated, but parallels with the City Council goals. He suggested when this comes back for the City Council's approval that the goals be prioritized and taking a slightly different approach; and make sure the executive summary and City Council goals are in concert in the major categories and showing subcategories if needed. REPORTS AND INFORMATIONAL ITEMS Palm Springs Desert Resort Communities Convention and Visitor's Authority (CVA) — Council Member Henderson stated she would not be able to attend the meeting Friday because of a League of California Cities board meeting, and asked if Mayor Adolph would like to attend as the alternate. Mayor Adolph indicated he also has a meeting conflict, and would not be able to attend. League of California Cities — Council Member Henderson reported Fred Silva was the guest speaker at the Cities Counties and Schools (CCS) Task Force meeting in Sacramento; stated a group called California Forward is proposing an amendment to the State Constitution that is directly related to budget issues; and a second group called California Constitutional Convention is working on a way by ballot initiative whereby a majority of voters could approve an amendment to the current Constitution that would allow the voters to bypass the Legislature and directly call a Constitutional Convention that would have the same powers as one created by the Legislature. She noted a Constitutional Convention is at least a five-year process, and it would be very difficult for such a diverse State to come to a consensus on many issues of the Constitution that could then be presented to the 3,93 T44w 4 4Q COUNCIL/RDA MEETING DATE: March 17, 2009 ITEM TITLE: Continued Discussion of the Code Compliance Program RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: _ STUDY SESSION: PUBLIC HEARING: Provide staff with direction regarding any changes that the City Council would like to make to the code compliance program. FISCAL IMPLICATIONS: None with this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the February 3, 2009 City Council meeting, (minutes included as Attachment 1), staff was directed to bring back information on the following code compliance issues: Review of Notices and letters used in compliance cases Review of codes which are most often the subject of code enforcement efforts Review of the appeal process for code violations and who should hear the appeals Sensitivity training for Code Compliance Officers Possible grant programs Criminal versus civil remedies for achieving compliance 304 Review of Notices and Letters Used in Compliance Cases Included as Attachment 2 is a "Warning Notice" that was previously used by Code Compliance to notify residents of violations at their residence. Included as Attachment 3 is a recently revised "Courtesy Notice" used to alert residents of the same violations in a less threatening manner. In addition to the name change, the verbiage that warns of possible citation, court appearance, or other legal remedy has been deleted. Included as Attachments 4 and 5 are the "Notice of Violation" and "Final Notice" letters used too gain compliance if the abovementioned Courtesy Notice is not successful in gaining compliance. Staff is looking for direction with regards to any changes the City Council would like to see in these documents. Any proposed changes to the forms would be reviewed by the City Attorney prior to implementation. Review of Codes Which are Most Often the Subject of Code Enforcement Efforts The La Quinta Municipal Code Sections that are the most common subject of Code Enforcement Proceedings included: LQMC Sections Descriptions of Condition Triggering Violation 6.04.050 Trash Cans Stored in Public View 8.01 .080 Construction Started Without a Permit 9.50.030 Structures Erected in the Setback 9.50.090 (A)(9) and (10) Lack of Landscaping 1 1.72.030 (A) — (Z) Public Nuisances i.e. debris, safety hazards, dead vegetation, inoperable vehicles, green pools Included as Attachment 6 is a series of photos depicting the various code violations listed on the "Courtesy Notice". The code sections listed on the notice cover the vast majority of violations that are encountered in the field. Staff will provide a brief narrative for each photo at the meeting and is seeking direction from the City Council as to whether the depicted conditions should remain as violations in the Municipal Code. Of particular interest to staff is whether or not to continue to enforce the requirement for ground cover as contained in Section 9.50.090 (A) (10). Review of the Appeal Process for Code Violations If the above notices and letters are not successful, staff uses two different methods to achieve compliance (if the above notices and letters are not successful) depending on the nature of the violation. The first is the Public Nuisance process as outlined in Section 1 1.72.050 of the La Quinta Municipal Code which is included as Attachment 7. This process is primarily used for weed abatements although it can be used to abate any of the declared nuisances which are contained in Attachment 8. Appeals regarding a determination of whether a public nuisance exists are heard by the Planning Commission. If the appellant is not satisfied with the decision of the Planning Commission, he can appeal to the City Council. Once the public nuisance has been declared and any and all appeals have been heard, the nuisance is abated by the City's contractor and the cost of abatement is placed as a tax lien against the property. This process is used on a limited basis because the process of soliciting bids, hiring a contractor, coordinating the work, paying the contractor, and Iiening the property is very time consuming. The appeal process is also more time consuming and unlike the process described below, places the appointed and elected officials in the awkward position of upholding a staff recommendation or finding in favor of the appellant. The second method used by staff to achieve compliance is the Administrative Citation process. The City Council established the administrative citation process in 2002 by adopting Ordinance No. 379. The process was enacted to provide the City with an effective enforcement tool for municipal code violations short of issuing a citation to Municipal Court. The administrative citation process is widely utilized by local jurisdictions and reduces legal costs and staff time associated with prosecuting minor offenses in court. The citation carries a fine ranging from $50 to $500 depending on the violation and if it is the first, second or third offense. A copy of a citation is included as Attachment 9. Fines levied by the administrative citations go directly to the City, thereby helping to defray the costs associated with gaining compliance. The Administrative Citation process also provides for an administrative appeal process. Anyone wishing to appeal a citation follows the procedures as outlined in Section 1.09.060 of the LQMC which is included as Attachment 10. The appeal is heard by an impartial hearing officer appointed as provided in Section 1.09.070 of the LQMC, which is included as Attachment 11 . The administrative hearing is governed by the procedures set forth in Section 1.090.080 of the LQMC. The hearing provides both the City and the offender an opportunity to present their respective cases without overburdening the Municipal Court system with relatively minor cases. The hearings are held in the study session room of City Hall. Appellants meet face-to-face with the hearing officer and may present evidence to support their contention that the citation is not warranted. Staff's documentation of the violation is presented to the hearing officer in advance of the hearing, and staff does not play an active role in the hearing unless questioned by the hearing officer. This method has proven to be extremely efficient with sometimes up to twelve appeals being handled during a six hour session. In March of 2008, the City Council approved a contract with an organization called Revenue Experts to administer the entire citation process. Attachment 12 provides an overview of the services provided by the contractor in conjunction with the citation process. It should be noted that the Administrative Citation process is also utilized by 306 Animal Control, Police, and Fire to deal with violations in their respective fields. Contracting with a third party provides many benefits to the City. First, the contractor handles all paper work associated with the administrative process. This function saves the City considerable staff time and frees City personnel to handle the actual issuance of citations. In addition, having an independent third party select the hearing officer helps the City comply with due process requirements. Administrative hearings are governed by the due process requirements of the Fourteenth Amendment to the U.S. Constitution. This amendment requires, among other things, that (1) the procedure employed for the hearing must be fair and accord those with an interest in the matter a meaningful opportunity to prepare and be heard, and (2) the hearing officer be fair and impartial. With regards to the latter requirement, the California Supreme Court has ruled that administrative hearing officers must be appointed in a manner that does not create the risk that decisions that favor the public agency will be rewarded with future remunerative work (i.e. the continued employment of the hearing officer cannot depend on a particular result)• Clearly, the selection of a hearing officer by a third party administrator with no connection to either the City or the appellant satisfies this prong of due process. Notwithstanding the foregoing, the City Council can revise the hearing procedures if it desires to retain more control over the selection of the hearing officer or body. The process employed must be fair and provide those with an interest in the matter a meaningful opportunity to prepare and be heard, and above all the hearing officer must be fair and impartial. Some possible options are: The City Council could appoint an Administrative Appeal Board to hear all appeals. Such a body would be comprised of three to five members and would function in a manner similar to a personnel review board. The board would need to be trained in the conduct of administrative appeals. Continued membership on the board may not be conditioned upon the board ruling a particular way in any hearing. During a hearing, an independent attorney (i.e. someone other than the city attorney or an attorney involved in the prosecution of the citation) should sit as counsel for the board. The courts have held that the possibility of bias and a potential due process violation are too great when the attorney who prosecutes or assists staff with the prosecution of an administrative citation also serves as advisors. Another option is to use an appropriate city employee to hear the appeal. Like with the board, the employee would need to be trained in the conduct of administrative hearings, and the employee's future employment and compensation may not be affected by the outcome of any hearing. The employee selected to hear appeals may have no contact with those employees 307 who prosecute the administrative citations. During the hearing, the employee should also have independent legal counsel. Any change to the hearing officer selection process will require adoption of an ordinance amending Section 1.09.070 of the LQMC. In addition, contract with Revenue Experts will also need to be modified to revise the scope of services. It is likely that shifting the appeal process from the contractor to the City will place an increased demand on staff time, both in paper work and actual hearing time and preparation. Given that several departments currently utilize the administrative citation process, this burden could be significant. Sensitivity Training for Code Compliance Officers Since the initial study session on this item, Code Compliance staff has attended or is scheduled to attend next week, a seminar provided by the California Joint Powers Insurance Authority (CJPIA) entitled "When Being Nice Isn't Working". The four hour training provides staff with effective communication tools for handling conflict successfully. Staff has also contacted a consultant that will provide a customized program on site for City staff. The program will enhance staff's ability to interact and communicate with the public in an effective and sensitive manner. The training will be made available to all employees whose job requires them to deal with the public under possibly stressful situations. The training will be offered before the end of the fiscal year. Possible Grant Programs Mayor Adolph, Councilmember Franklin, the City Manager and the Community Safety Manager met with Mark Moran and Lee Haven (representing Granite) to discuss Granite's willingness to provide free ground cover material for residents. If it is the City Council's direction to continue to require ground cover (see above section regarding codes currently enforced), staff will continue to work with Granite and Mr. Moran to implement the program. The City Attorney's office is already developing a hold harmless agreement that Granite requested as a condition to providing the material free of charge to residents. Staff is also researching the availability of existing grant programs that could assist homeowners in addressing code violations at their property. The Economic Development Agency offers a Home Repair Program for low-income homeowners covering repairs up to $6,000 and a Home Rehabilitation Program for repair services up to $20,000 (Attachment 13)• 308 In addition to the above, and at the City Council's direction, staff could develop a new grant program to assist residents in addressing property maintenance violations. The parameters of the program could be brought back for separate consideration by the City Council as part of the upcoming budget process. Criminal versus Civil Remedies for Achieving Compliance Less than 1 % of code compliance cases are referred to the City Attorney's office for adjudication by the criminal court. The legal basis for criminal prosecution of municipal code violations is contained in Government Code Section 36900(a), which states: Violation of a city ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a city ordinance may be prosecuted by city authorities in the name of the people of the State of California, or redressed by civil action. In Hill v. City of El Segundo, 33 Fed. Appx. 254 (9`h Cir. 2002), the court held that because under California law, the prosecution for municipal code enforcement actions are brought on behalf of the people of the State, the City is not considered a party to the prosecution. Since the City is not a party to the proceedings, it would not be possible for the City Council to meet in closed session to discuss the matters before they were filed. Instead, the Municipal Code Section 2.16.030 states that "(t]he functions of the office of the city attorney shall be to:... D. Prosecute on behalf of the people cases for violation of city ordinances." Pursuant to this provision, it has been the practice of the City Attorney's office to review the matters which the Code Enforcement send for prosecution to independently determine the sufficiency of the evidence of a violation. If the evidence is sufficient, the actions have been filed. Due to the expense and time delays associated with civil remedies discussed below, staff respectfully suggests that if the City Council does not want to use the criminal courts to achieve compliance, that the court system be abandoned completely as an enforcement alternative. The City Attorney has two suggestions the Council may wish to consider with regard to the filing of criminal actions. First, the City could modify its current process for sending matters to the City Attorney by adding an extra layer of review by the City Manager, The City Manager could review the file and determine if there are extenuating circumstances that suggest that use of City funds to prosecute the matter is not warranted. If the City Manager determined that the matter should be prosecuted, he could sign off on the matter and send it to the City Attorneys' office 309 for further action. In addition, the City Manager could inform the Council by memorandum that the matter had been forwarded to the City Attorney for prosecution. If a member of the Council saw a matter listed in the memorandum of concern, the Council Member could request that the matter be put on a future agenda for discussion by the Council. Analysis of Criminal v. Civil Issue from February 3, 2009 Staff Report Below is the analysis that was provided by the City Attorney's office at the original Study Session on February 3, 2009. According to California law, violations of building and maintenance standards can be enforced by criminal, civil, or administrative means. (See e.g., Civ. Code § 3471; Civ. Proc. Code § 731; Gov. Code § 36900.) The City has the power to choose among these three vehicles to enforce the standards set out in the La Quinta Municipal Code ("LQMC"). (Flahive v. City of Dana Point (1999) 72 Cal.App.4th 241, 244-245.) The LQMC reflects these three options. For example, LQMC § 1 .01.200 provides that violations of the LQMC constitute infractions and misdemeanors. More specifically, LQMC § 1 1.72.050 provides that the City may seek abatement of public nuisances through administrative abatements, prosecutions, or civil actions. Finally, the City has adopted Chapter 1.09, entitled "Administrative Citations," which provides an administrative citation procedure as an available enforcement mechanism. With most cases, the City is able to secure compliance by utilizing only its administrative remedies. As discussed above, City staff issue several notices and citations before sending the case to the City Attorney's office for review. The City's administrative process affords property owners at least three (3) months and in some cases based on the circumstances up to nine (9) months to correct any violations. State law only requires that the City provide thirty (30) days before initiating an action. (Health and Safety Code § 17980.) Moreover, the process affords the property owner an opportunity to be heard in front of an independent hearing officer to challenge a determination by the City that the cited violation exists. Only after City staff exhausts its administrative effort (that is, after staff has sent several notices and, with most cases, issued several citations) is the file sent to the City Attorney's office for review. Of those cases that are referred to the City Attorney's office, approximately half are handled by a letter from that office notifying the property owner again of the existing violations and providing yet another extension to correct those violations. If the compliance period has expired and compliance has not been obtained, or if the City determines that a City Attorney letter is unlikely to yield compliance, the City Attorney reviews the case and, upon confirming that a violation exist, files a criminal complaint in an effort to gain compliance. 310 Of the thousands of new code enforcement cases initiated last year by City staff, only 36 cases were sent to the City Attorney's office for filing. Of those, only two cases actually proceeded past the initial stages of prosecution and required judicial intervention. Most of the remaining cases were settled by the City Attorney's office with the property owner without the need for a trial or even a substantive hearing, with a few cases resulting in the property owner simply failing to appear. There are several advantages to using the criminal Courts for enforcing the City's codes. First, the criminal Court system is much more flexible with timing of hearings and the City Attorney is given greater discretion to schedule several cases on one Court date in order to be more cost efficient. Moreover, based on the City's experience, a criminal action seems to get property owners' attention and, as discussed more throughout this report, has yielded the desired results when it comes to achieving compliance. In addition, in cases where the City Attorney is forced to turn to the Court's assistance to resolve a matter, the case is often resolved with the Court imposing an informal probation. An informal probation provides Court oversight and enforcement over a compliance effort. City staff has found that in difficult cases, Court oversight has been extremely successful in helping the City achieve compliance. As discussed above, the City has three legal remedies available to it under State law to address code violations. Thus, instead of filing a criminal action, the City could either proceed with an administrative abatement or a civil action. Under its administrative abatement powers, the City has the option of securing an abatement warrant from the Court to enter a substandard property and correct the violations through City hired forces. Once the work is complete, the City can then record a lien or special assessment against the property to recoup the expenses incurred by the City in the abatement process. This abatement process is set out in LQMC § § 1 1.72.050 — 11.72.060. However, it has traditionally been the City's policy not to abate violations for owners of substandard properties. For one, the City has generally taken the position that it is bad public policy to clean-up and correct violations for property owners who refuse to do it on their own. Also, many of the violations at -issue involve an esthetic component (e.g., landscaping) which by its very nature is subjective in nature and would require the City to make esthetic decisions for property owner. Finally, particularly in times like these with high foreclosure rates, the City's ability to recoup these expenses is often in question when owners default on their loan obligations and the banks move in to secure their investment. The City also has the option of pursuing code enforcement cases through civil actions. A civil action would typically take the form of a complaint alleging a public nuisance. Concurrently with the public nuisance action, the City could also bring an action seeking injunctive relief. In the injunctive action, the City would be seeking an order from the Court prohibiting the property owner from maintaining the property with LQMC violations, while the underlying public nuisance action makes itself through the judicial process. If the violation requires immediate attention because of safety issues, 311 the City could apply for a temporary restraining order to secure immediate relief and then follow-up with a preliminary injunction to extend the injunctive relief until the underlying case is resolved. Using civil actions to resolve code enforcement cases presents several hurdles. First, because of the shortage of courtrooms available in Riverside County and the priority given to criminal cases, obtaining relief in a civil action could take years. In fact, for most of the year 2008, the Courts in Riverside County had a moratorium on civil cases while the backlog of criminal cases was heard. As recently pointed out in an article published in The Press Enterprise the civil calendar in Riverside County is years behind, with several cases being dismissed by the Court after not being heard for more than five (5) years. This wait period to get before a Court does not allow the City to address code violations in a manner that is responsive to the needs and expectations of City residents. Second, litigation of several civil cases in a coordinated fashion is much more difficult, if not impossible, to achieve. In the civil system, it is much more difficult to schedule hearings for several cases on the same date. While it is not unusual for criminal Court to set several hundred cases in one day, civil Courts generally only calendar a maximum 20 to 30 cases for any given day. Ultimately, this could require many more appearances for the City Attorney's office resulting in higher code enforcement costs for the City. Third, the cost of litigating a civil case is generally significantly higher than criminal cases. For example, in a civil case discovery is much more formal, typically involving discovery inquiries through written requests for documents and admissions and the taking of depositions. In contrast, in criminal actions, discovery is much less formal with the evidence simply handed over to the other side as a matter of practice. Moreover, the procedure and process for civil cases is much more formal and work intensive, with attorneys having to often file discovery and dispositive motions. Respectfully submitted, Tom Aartung, Di ector of Building & Sa ety (/�Ap'proved for submission by: Thomas Venovese, City Manager Attachments: 1 . Minutes of February 3, 2009 Study Session 2. Discontinued "Warning Notice" 312 3. Recently instituted "Courtesy Notice" 4. Notice of Violation Letter 5. Final Notice Letter 6. Photos depicting code violations 7. LQMC Section 11 .72.050 8. LQMC Section 11 .72.030 9. Copy of an Administrative Citation 10. LQMC Section 1 .09.060 11. LQMC Section 1.09.070 12. Profile of "Revenue Experts" and Related Services 13. Home Repair and Rehabilitation Grant Programs 313 City Council Minutes 8 ATTACHMENT 1 5. CONSIDERATION TO APPOINT AN EX OFFICIO MEMBER TO THE FAMILY YMCA OF THE DESERT BOARD OF DIRECTORS. Community Services Director Hylton presented the staff report. Council Member Henderson recommended appointing a staff member who would keep Council updated. Council Member Sniff suggested the City Manager be authorized to make the staff appointment. MOTION - It was moved by Council Members Henderson/Kirk to authorize the City Manager to appoint a staff member to represent the City as the Ex Officio member on the YMCA Board of Directors. Motion carried unanimously. 6. CONSIDERATION OF TWO CITY COUNCIL MEMBERS TO SERVE ON THE CIVIC CENTER ART PURCHASE COMMITTEE. No verbal staff report was presented. MOTION - It was moved by Council Members Henderson/Sniff to appoint Mayor Adolph and Council Member Franklin to serve on the Civic Center Art Purchase Committee. Motion carried unanimously. STUDY SESSION 1. DISCUSSION REGARDING THE CODE COMPLIANCE PROGRAM. Building & Safety Director Hartung presented the staff report that included before and after pictures of homes with landscaping code violations. Council Member Kirk referenced the photo showing a typical street view on trash collection day, and asked if photos are available for the day after when trash cans are supposed to be put away. Building & Safety Director Hartung responded that the photos focus on individual lots. Community Safety Manager Conrad presented an overview of the notification and follow-through process used for code violation cases as referenced in the staff report. She noted residents are generally given 45-60 days to make the corrections before a citation is issued, and 70-90 days 1. 314 City Council Minutes 9 February 3, 2009 before the matter is submitted to the City Attorney for review; and added extensions are provided upon request if extenuating circumstances exist. She stated a total of 3,143 code compliance cases were initiated in 2008 and 36 were filed with the City Attorney's Office; and of those 90% were settled prior to reaching the courtroom. Council Member Franklin inquired about the appeal process for shut-ins that have a code violation such as ground cover. Building & Safety Director Hartung stated the case can be appealed to a third -party appeal officer if a citation has been issued; the appeal officer will receive any evidence presented and make a decision as to whether or not a violation exists. In response to Council Member Franklin, Community Safety Manager Conrad stated Code Enforcement Officers photograph the front elevation of the property and each individual violation identified in the front yard. In response to Council Member Kirk, Community Safety Manager Conrad stated citations are processed through Revenue Experts; if a hearing process is initiated, the City mails the hearing notice, and the vendor used by the City hires a disinterested person to serve as the hearing officer. She stated about 40 appeals were filed in 2008 with approximately 1 out of 10 appeals ending in the resident's favor. Council Member Kirk asked why a third -party vendor that uses another third - party person is used for the appeal process. Building & Safety Director Hartung explained the hearing officer is usually a retired individual, and since the appeal process is used only about four times a year, it is more efficient to utilize the third party person. Assistant City Attorney Duzman outlined three remedies allowed by California law and the Municipal Code to enforce City codes. He stated the administrative remedy, which is the administration citation and notice process, allows the City to get a warrant to enter the property and abate the violation; this has been done on occasion but is not the general policy because many of the violations involve landscaping which is very subjective. He stated civil remedies involve more attorney work than criminal cases, and are difficult to get into court because of the backlog of cases. He stated the City has used the criminal remedy for the past four to five years due to cost efficiency in scheduling more hearings on one court date and it is more flexible from an enforcement perspective; it is also very effective with 90% of the cases being resolved with a dismissal and full compliance, whereas 315 City Council Minutes 10 February 3, 2009 civil cases take much longer and cost the City more money due to formal pleadings that have to be submitted to reach a point of resolution. Council Member Henderson stated she understands the criminal process is better for the City, but asked which process is more difficult or expensive for the person receiving the citation. Assistant City Attorney Duzman stated if they do not have an attorney, a public defender would be appointed by the court; and we generally deal with the public defender in the hallway of the courts to come up with a reasonable timetable for compliance. He added public defenders are on the City's side many times because they understand the law and can explain the codes to the defendant; and there is no public defender system in the civil process, and the defendant would have to represent themselves or retain a private attorney. Council Member Sniff asked when the City Attorney's Office received direction from the City Council to proceed with the criminal process in these matters. Assistant City Attorney Duzman stated he did not know, but it has been done since he began with the City five or six years ago. City Attorney Jenson advised the City Code provides for criminal enforcement, as well as civil. She stated she does not recall the City Council taking an action to give direction to use the criminal process, but it has always been handled that way and the City Code provides for it. Council Member Sniff asked how much time a Code Enforcement Officer spends in training and who conducts the training. Community Safety Manager Conrad stated all but one of the current Code Enforcement Officers went through training with Southern California Code Enforcement Officers (SCCEO); the training was previously done through 16 full -day seminar classes, and is now done through three one -week programs for beginning, intermediate, and advanced certification. She stated the officers also network with other code enforcement groups in the Valley, and confirmed all of the officers have certificates from at least one of these avenues of training. Council Member Sniff referenced a statement on Page 4 of the staff report that states many violations are in nature subjective, and questioned how uniform enforcement can be done by subjective decisions of Code Enforcement Officers. 316 City Council Minutes 11 February 3, 2009 Assistant City Attorney Duzman explained the reference is in regard to a landscaping violation, and what one person may like as opposed to another. Building & Safety Director Hartung stated the City tries to be objective and cannot be subjective, which is why the City does not do landscaping on the properties. Council Member Sniff commented on the significant number of violation notices issued in 2008; and asked if a majority of the them were for the Cove area and what they were for. Building & Safety Director Hartung stated he does not have that information at this time, but may be able to generate it through the software; and each violation notice is considered one case with many being solved with one warning. He stated 80% of the cases were probably from the Cove area; and there were 2,582 cases in 2007 and 2,475 cases in 2006. He also confirmed that all eight Code Enforcement Officers are needed and have assigned areas; and they are all City employees. In response to Mayor Adolph, Building & Safety Director Hartung stated none of the cases are for animal control issues. Council Member Henderson stated she recalls Council encouraging staff to add more Code Enforcement Officers about three years ago because of the number of requests for the City to do more code enforcement. Building & Safety Director Hartung confirmed two officers were added three years ago and one was added at the last fiscal year. He also confirmed the appeal process was adopted about 10 years ago. Council Member Henderson asked the City Clerk's office to research any previous discussions by the City Council on criminal versus civil actions regarding code enforcement. Council Member Kirk stated he would also like to know when a decision was made to use the criminal process. He asked if it was the City Attorney's Office, along with staff's involvement, that has taken the initiative to initiate the criminal process, to which City Attorney Jenson responded, "Yes." He further inquired as to how the City's number of code enforcement cases compare to other local cities. Community Safety Manager Conrad stated she does not have that information, but is in contact with the cities of Palm Springs and Palm Desert and they basically enforce the same issues. In response to Council Member Kirk, Building & Safety Director Hartung confirmed conditions have improved significantly in the Cove area. 317 City Council Minutes 12 February 3, 2009 City Attorney Jenson advised Section 2.16.030(D) of the Municipal Code states that one of the list of duties of the City Attorney is to prosecute, on behalf of the people, cases for violation of City ordinances. Assistant City Attorney Duzman stated the intent is not to prosecute but rather to seek voluntary compliance. He added it is routine to give up to six months to bring these matters into compliance for full dismissal. Thomas Mennig, 51-815 Avenida Madero, noted people choose to live in gated communities with professional landscaping and a lot of rules or in more simple places like the Cove. He stated he recently paid a $100 fine for not having landscaping in front of his wall and received another notice on his gate today that he has not yet read. He stated he is the primary caregiver for his 90-year old father, and both time and money are tight. He has placed boulders in the landscape area along with trees and shrubs, but now understands all of the ground has to be covered as well. Building & Safety Director Hartung stated the ground cover would have been sufficient, and the trees and boulders were not required. Mr. Mennig further stated he also has a legally -registered, motorcycle trailer in his driveway that he folds up to be less conspicuous and intrusive, but was told by Code Enforcement that it has to be down so they can see what it is; and he views that as a case of subjective judgment. Mark Moran, 53-545 Avenida Cortez, commented on code enforcement being a vital part of the City's ability to get people to comply, especially to health and safety issues, and criminal courts being important to address criminal activity. He feels Code Enforcement is more punitive than compassionate, and does not seem to be able to work anything out with citizens other than follow-up and do their job. He is not asking for Code Enforcement to be changed but rather to be modified, and thanked Mr. Hartung for inviting him to be a social worker again to help older citizens comply with code enforcement regulations. He noted many residents are over 75 years old and need assistance because they are without resources and living on fixed incomes. He suggested some type of fund be created to help low-income and seniors on fixed incomes to get the ground cover they need or to make repairs that are a health and safety risk. He stated the City may need to help these people without threatening to throw them out of their house because of a lien on the property to make the improvements; and there needs to be some distinction between cosmetic and health and safety risks. He supports having a hearing officer, but feels Council should establish a committee of local citizens who have the experience to review these cases and determine what is cosmetic and what is a health and safety risk. He suggested having an outreach worker position in the City, perhaps one of the eight Code Enforcement Officers, that has a social services 318 City Council Minutes 13 February 3, 2009 background to help the aging deal with these issues. He noted many of them are scared because they have never received this type of citation and do not know how to handle it. He encouraged the City to use the criminal process to address real safety issues such as gang and drug activity. Mayor Adolph referenced a situation last year where the Rotary Club tried to help a bedridden lady address some landscape code violations on her property, and her son refused to let them on the property to help. Andrea Dooley, 54-700 Avenida Obregon, thanked staff for their continued diligence in code enforcement. She stated it is unfortunate that Code Enforcement Officers are being made the scapegoat when residents need only to obey the law. Kay Wolff, 77-227 Calle Ensenada, encouraged the City Council to stand firm and not move backwards on this issue; and noted code enforcement was a major reason for incorporation. She stated cosmetic issues are very important, and the Neighborhood Cove Association has asked to be told when people need assistance in making their corrections. Andy Teasley, 79-945 Westward Ho Drive, described his experience with code enforcement as "painful," and stated he feels they are capricious and arbitrary. He stated he received a citation for not having the registration sticker on his truck, which was parked backward in the driveway; that means the Code Enforcement Officer had to walk around to the back of the truck to see that the sticker was missing. He stated he was also cited for having a decorative picket fence, and was told he could replace it with a block wall or gothic wrought -iron fencing, which do not go with his ranch - style house. He stated when he went in to the Building & Safety Department, staff confirmed that he could install lattice without obtaining a permit, but the Code Enforcement Officer overheard and said he could not do it. He stated the appeal notice was mailed from Orange County with 10 calendar days to receive the notice, write a response, and get it back in the mail along with the full fine amount. He received a letter back from Orange County indicating that he lost, and never met with an appeal officer. He agrees with the need for code enforcement, but some of it is subjective. He was also told that he had to remove a wooden sculpture from his front yard because the officer did not like it. He stated he paid $5,000 for an attorney to fight the code enforcement issues through the criminal system in order to be heard by an impartial party; when he got to court Mr. Duzman informed his attorney that they would be seeking $28,000 in legal fees if the City won the case. He then agreed to remove the picket fence because he could not afford to pay $28,000; and currently owes $2,500 in fees, which he 319 City Council Minutes 14 February 3, 2009 cannot afford, so a lien has been placed on his property. He noted all of this because he dared to put up a•picket fence. Kenneth Doran, 45-945 La Flor Lane, stated he received a lot of calls regarding this issue when he ran for mayor. He recalled one situation wherein a man had to pay $5,000 to move his air-conditioning unit because Code Enforcement said it was in the wrong place, even though it was there when he bought the home; he stated that was not right. He suggested the possibility of using some of the 20% set aside for housing redevelopment funds to help low and moderate -income families make these repairs. Council Member Sniff stated it seems we might occasionally have some over -zealous code enforcement, and it may not be completely uniform by all officers. He suggested officers receive sensitivity training, and try to be more supportive in helping residents correct the violations. He further suggested having a citizen committee review the citations instead of an outside agency, which would perhaps make it easier for those cited to accept the verdict. He questioned the need for eight Code Enforcement Officers as well as the enormity of the citations issued in 2008; and stated he would like to see more sensitivity and the citizen become more a part of the process instead of a victim. Council Member Franklin concurred with the sensitivity issues. She suggested forming a public safety commission to have that commission address the appeal process. She stated she is sensitive to the needs of older people, and feels more awareness about the appeal process and the use of a public safety commission would help bridge the gap. She expressed appreciation for the City Attorney's reference to the code section but stated the City Council still needs to know about it. Council Member Kirk stated the credit for improvements in the Cove over the last 5 to 15 years is due to the City Council's policies on code enforcement and to staff for implementing those policies; the City Council is also the ultimate blame for any lack of sensitivity, over -enforcement of codes, or criminal prosecution; and the City Council needs to be clear to staff on what is, and is not, to be tolerated. He stated he needs more detail about what a public safety commission would do before he could support establishing one. He stated he was surprised how the appeal process works or does not work, and feels the current process suggests indifference by the City. He feels the process should be.done "face-to-face" and not "letter -to -letter," and that the decision should be heard in person. He suggested the process be scrutinized to use a citizen advisory committee or ombudsman, or perhaps the appeal would come before the City Council. He suggested the City Council direct staff to come back with options related to the appeal process, including the 320 City Council Minutes 15 February 3, 2009 cost and benefits of each, and to come back with a process that is fair and gives residents an opportunity to be heard in person. He has heard good things about Code Enforcement, but a common complaint is that Code Enforcement Officers stop to address an obvious aesthetic or public safety issue and one infraction leads to additional violations being cited with a sense that the officer is being vindictive when a dispute comes up. He stated the City Council should provide staff with direction for Code Enforcement Officers to do their job without having it result in a mission creep. He feels it will be a challenge for the City to consider a grant program in the present economy. He suggested a citywide program to address the ground cover issue whereby two colors of decomposed granite would be brought in by the City and dumped on properties for the residents to spread; the residents would pay for the materials and the City would provide the transportation. He noted decomposed granite is inexpensive to buy and maintain, but very expensive to transport. In regard to criminal versus civil versus administrative actions, he agrees it should be "kept in the toolbox," and use the criminal courts to enforce City policy when necessary. He stated he is not clear about aesthetic versus health and safety issues, and views an abandoned car as an aesthetic issue. He believes in community policing where issues such as picket fences are taken seriously; and noted aesthetics play into some criminal activity because dirty neighborhoods breed some degree of crime. He suggested holding off on the public safety commission at this time, exploring some type of citizen involvement in the appeal process, getting a better understanding of the appeal process, exploring a grant program for issues such as ground cover that the City can do cost effectively, and retaining the criminal process but having staff bring back options for Council determinations before the criminal process goes too far. Council Member Henderson spoke in support of having staff come back with options for Council to consider for an assistance fund program. She suggested the public safety commission concept come back as a study session item separate from this issue; and having a citizens committee review some of the ordinances that address minor issues such as ground cover and trash cans with the Council determining which would be tier one or tier two. She further suggested having a cover letter that is not written in legalese and that better explains the process. She stated the City Council should review the issues and feel comfortable with what they direct staff to do, and be clear in the direction that is given; and stated some of the issues should be reviewed either by the City Council or by a citizen review committee that makes a recommendation to the City Council. She stated a consultant should be brought in to do sensitivity training if it has not already been done. She also feels the timelines should be clearly explained in the 321 City Council Minutes 16 February 3, 2009 letter that is sent to the property owner, and asked if there is any flexibility in the timelines. City Attorney Jenson advised the timelines are a policy issue and not in the City Code; and stated deadlines are set by the court when it reaches the court system. Council Member Henderson noted 10 days may not be enough time for residents to respond to the hearing notice, especially if a fine has to be included. Building & Safety Director Hartung stated residents have 15 days to appeal, and waiver forms are available if they cannot afford to pay the fine; and stated the ability to apply for a waiver is not included in the letter. Council Member Henderson stated she feels that should be included in the letter, and the letter should communicate in an understandable fashion. She supports staying with the present system, but wants to look at a two-tier system to settle more cases without going to court. She asked if notices are sent in advance of doing a project area. Building & Safety Director Hartung indicated that letters are not sent, and stated staff can work on that. Council Member Henderson stated residents might go ahead and do what they have been putting off doing if they are given notice ahead of time that their area is going to be looked at. She then read a letter from Ms. Patricia Gammino that complimented Code Enforcement Officer Wayne Campbell for being firm but fair. Council Member Henderson stated the City needs more officers like him. Mayor Adolph stated code enforcement is mandatory and vital to the City. He has received appeals from residents and does not recall any that he and Building & Safety Director Hartung have not been able to meet with the residents and resolve. He feels it is non -productive to take these issues into court. He feels Code Enforcement has done a good job enforcing the codes that have been established, but noted no one likes being told what they can or cannot do with their own property. He stated staff can come back with options for getting the end results the City Council wants and with ways to address the financial aspect. Council Member Kirk asked what would be brought back and when. City Manager Genovese summarized Council's direction to staff as follows: staff is directed to define the sensitivity training that has been provided to Code Enforcement Officers; review the appeal process and who should hear the appeals; review the actual codes; review the notices and letters used in the process; research a limited grant program; and review criminal versus civil options to bring back to Council. He stated he will provide Council an update on the timeframe for bringing this matter back for further discussion. 322 City Council Minutes 17 February 3, 2009 Council Member Sniff suggested landscaping be encouraged that does not result in an excessive use of water. REPORTS AND INFORMATIONAL ITEMS Council Member Franklin reported on a seminar sponsored by the League of California Cities that she recently attended in Sacramento; it was very beneficial, and reinforced her feeling that what the City Council is doing is right. III) Energy Consumers' Advisory Committee — Council Member Franklin stated the Committee has recommended a 3% rate hike, and is continuing to review their bylaws. They also discussed a tariff modification, and the addition of a transformer to the Monroe Street substation. CVAG Homelessness Committee — Council Member Franklin reported the Committee wants to create a database for veterans so they can identify where to get meals and spend the night. She stated the difficult task of conducting a homeless count was attempted on January 281". She further stated La Quinta, Indio, and Riverside County are the only local governments who have paid their annual $3,000 donation for the bus pass program. League of California Cities — Council Member Henderson referenced a report she had distributed to the City Council on four recommendations by the Ad -Hoc committee to the Revenue & Taxation Committee regarding the sales utility tax. She reported she has been appointed to a Cities, Counties, and Schools Partnership Fiscal Reform Task Force that will be working on a full constitutional amendment to address fiscal solutions if any exist. Riverside County Transportation Commission (RCTC) — Council Member Henderson reported the Commission will be discussing the Federal budget and the stimulus proposal at a workshop on February 5" and 6'. CVAG Executive Committee — Mayor Adolph stated the Committee approved the appointment of Larry Parish as Interim Director at their last meeting; they also approved the new jail, but not in a specific location, and denied the transmission lines in Desert Hot Springs. He stated RCTC spoke at their meeting and indicated SunLine will probably receive 10% less this year than last year. r• x x■■ r•• +� w• w All other reports were noted and filed. 323 ATTACHMENT 2 N 0 3 —`J 0 vp o m e 0 m �� '1 � m u .� Tf pSp 3 �' E a :J 5 C C.p u� ,y 5 02 ir.%� E's da 33 2 W 0 �--��' 4i p I !r, eV M;Ei woim3 e`nE 0 Inc 0 ® ® ® c ro � o 0 i y o 0 o yy q H m `o ki ;mg b o w� w s v �_ ' 50� [ n .y N 43 �i o P }o• o -> � 5 c .m ol as e c c c c n c ® `J 0 m h mm a c o m a a oa a as .33 E a a > ®®®® C-311 A 324 a h = a V w L L i❑ n E _ o m m m `o `m •o '-` h m d m y � i 3 m m m e m a i = E P a M a Loo M 0 e eory m M o O 3 4 � o 9 " C e ° W a m = d u c y a o E m e c O ` V m m •O 9 - L o m =' a F oo •- Q F ,t„ m O n O ATTACHMENT 3 a E 0 W 0 5 T-ar 4 4 aaw, P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92247-1504 ATTACHMENT 4 COMMUNITY SAFETY DIVISION (760) 777-7050 FAX (760) 777-7011 NOTICE OF VIOLATION March 9, 2009 JANE DOE APN: 773-102-005 51484 AVENIDA MENDOZA CASE #: 09-00001395 LA QUINTA, CA 92253 OFFICER: Jackie Misuraca RE: 51484 AVENIDA MENDOZA RESIDENT/TENANT: This notice is hereby submitted to you as owner(s) of the above referenced property. A recent inspection by a representative of the City of La Quinta Code Compliance Staff revealed conditions in violation of the La Quinta Municipal Code on March 09, 2009. They are as follows: Violation Description LQMC 6.04.050 All trash containers for single-family or two-family dwellings shall be stored out of public view in a side or rear yard or an enclosed garage except on pickup day. In no event shall such container be placed adjacent to the roadway for collection more than twelve hours prior to normal collection time. The container shall be removed to the storage area within twelve hours following collection. If the physical design of the dwelling does not allow for obscuring containers from public view because of the type of fencing or lack thereof, containers shall be stored in an area adjacent to the dwelling at the point furthest from the closest street or roadway or in an enclosure adjacent to the dwelling designed to conform with the exterior design of the dwelling. Violation Corrective Action Store trash containers out of public view except on pickup day. Violation Description LQMC 9.50.090 (A-10) 32 CE NI Requirements: The landscaping shall include trees, shrubs and ground cover of sufficient size, spacing and variety to create an attractive and unifying appearance. Landscaping shall be in substantial compliance with the standards set forth in the manual on architectural standards and the manual on landscape standards as adopted by the planning commission. Violation Corrective Action Per the Manual on Architectural Standards for Single Family Houses in the Cove Residential District; all front and exterior sideyards must be Fully Landscaped to the back of curb. All barren earth requires landscaping to include trees, shrubs and groundcover of sufficient size, spacing, and variety to create an attractive and unifying appearance. You are requested to complete the Corrective Action(s) for the violation(s) listed above within TEN (10) DAYS from the date of this notice. Your property will be re -inspected to verify compliance after the ten (10) day time frame has lapsed. If you need additional time to correct the violation(s) please contact the undersigned to discuss an extension. Failure to correct the above listed violation(s) within the time frame indicated will result in further action by the City. If the aforementioned property is a rental property; pursuant to Revenue and Taxation Code section 17274 and 24436.5, a tax deduction may not be allowed for interest, taxes, depreciation, or amortization paid on the subject property in the current taxable year if your property remains in violation of the La Quinta Municipal Code. If you have any questions regarding this matter, please contact Jackie Misuraca at (760) 777- 7021. Please provide the case number, 09-00001395, and property address. Your efforts to maintain the safety and appearance of our city is greatly appreciated. You may contact me at the aforementioned phone number if you require assistance. Sincerely, Jackie Misuraca Code Compliance Officer CENI 327 ATTACHMENT 5 cedf 4 4 a" P.O. BOX 1504 COMMUNITY SAFETY DIVISION 78-495 CALLE TAMPICO (760) 777-7050 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7011 FINAL NOTICE OF VIOLATION March 9, 2009 JANE DOE 51484 AVENIDA MENDOZA LA QUINTA, CA 92253 RESIDENT/TENANT: RE: 51484 AVENIDA MENDOZA APN: 773-102-005 CASE # 09-00001395 On March 09, 2009, You were notified by this office that you were in violation of the City's Municipal Code. Our records indicate that you were made aware of the nature of your violation(s), the action(s) necessary to correct the violation(s), and you were given ample time to remedy the violation(s). Additional inspections were made of the subject property, the last inspection on March 09, 2009. That inspection revealed that the necessary corrective action(s) had not been taken. This letter will serve as notice that if the violation(s) is/are not corrected in ten (10) days from the date of this notice, an administrative citation will be issued in order to seek compliance. If you have any questions concerning this matter or require additional time, you should contact the undersigned immediately at (760) 777-7021, Monday — Friday, between the hours of 8:00 a.m. and 5:00 P.M. Sincerely, Jackie Misuraca Code Compliance Officer CE N3 328 ATTACHMENT 6 O LO 14 O U d J N N CF) .0 cc L Cc L U) 0) 0 C O () •� N ca L O cc 1 co Occ L L a) O L O E a)4 1 co O c0 c 0 'j >, ca C � j cu CL U_ O O O- U :3 c: L O O N N O U Q N N •• 329 O � 00 O N � L C) W L U CL C C. J m 330 A �i L� �I f •� J. z � . 4�z .� . ©y\�; y � 334 co o o x1` N N LO jga i i A, N00 i r �,,i✓` i *i S d. 11 }, Cr CD pAl [! le zt Eq �y Y r . 4 S 54L J1k' i.r. # s t •} Y �i M1+III � -� ��+y x e L hxti s� F n d q j 'iyt'� t I I`uYt i• ix }1`Y}y 9� _ Jd Al CA CD i _ �i .� Ji O { •i �I O u trk4 � I y i t �•I i, .ft i s ( k. tf l+.v `i €. ; Ron 12 L i •U O -C O •co Q (6 (6 . N E N -O �CU O N CU cu > N O N m -C c N N C U N O O N C N "O O O CU .-. U C U_ ' O •- i N V MO C M N �N•V U� J O (6 338 I qj 4- 0 �4-1 O O L O L L co O L O C O co -0 O Q .c 0 0) �-+ N Q C U) O O Co O c O . C O- io m E CO) .N E U j N L _ 340 00 C:) � 0 0 � ! / J ,; ,, � I \* , ,� �, CD L L O O -6-1 O E N co Q +�+ U O �.-a C cm O 4-0 C C 0) C O O (n N N ' -0 to 0 Co O p a) O N U) CD j m >� O N Q C co 0 N U O 'L a) a) cn N'E a) ��—� > Q mm 344 m ATTACHMENT 7 11.72.050 Abatement of public nuisances. A. Dangerous Buildings. The Uniform Code for the Abatement of Dangerous Buildings shall apply and preempt the provisions of this chapter whenever the public nuisance to be abated constitutes a dangerous building as defined in the Uniform Code for the Abatement of Dangerous Buildings. B. Notice of Public Nuisance. Upon determination that a public nuisance exists a notice shall be issued to the property owner. The notice shall read "Notice of Public Nuisance," in letters not less than one inch in height. The notice shall direct abatement of the nuisance, identify the nuisance by referring to this chapter, and contain a general description of the property sufficient to identify the location of the public nuisance. C. Service. The notice of public nuisance may be served by one of the following methods: 1. Personal service; or 2. Certified mail; or 3. Posting the notice at a conspicuous place on the premises where the nuisance is located or at the abutting public right-of-way in addition to personal service or notice by certified mail. D. Time to Abate. Public nuisances shall be abated by the property owner no more than twenty-one days from the date of personal service or mailing the notice of public nuisance. If a public nuisance constitutes an immediate fire hazard, within five days of personal service or mailing the notice of public nuisance. E. Summary Abatement. Whenever a public nuisance exists which constitutes an emergency present- ing imminent danger to life or serious injury to persons or property, an authorized representative of the city may order without notice or judicial action the immediate abatement of the public nuisance. F. Appeal Procedure. Within ten days from the date of personal service or mailing the notice of public nuisance the property owner may appeal the determination that a public nuisance exists to the planning commission. The appeal shall be in writing and filed with the city clerk. At a regular meeting not more than thirty days thereafter the planning commission shall proceed to hear and pass upon the appeal. The planning commission's decision may be appealed within ten days of the decision by written request 345 to the city clerk. The city council shall hear the appeal at a regular meeting not more than thirty days from the date of request. G. Failure to Abate. If a public nuisance is not voluntarily abated after notification the following shall apply: 1. Prosecution. Failure to abate shall constitute an infraction pursuant to Section 1.01.200 of this code which provides for prosecution as misdemeanor upon committing three infractions. 2. City to Abate. The city may cause the public nuisance to be abated. The manner of abatement and costs incurred by the city to abate the public nuisance shall be reported to the city council by the community safety director immediately following abatement. 3. Judicial Action. The city may commence a civil action in a court of competent jurisdiction to cause abatement of the public nuisance. Reasonable attorney's fees and costs may be collected by the city in any action to abate a public nuisance. (Ord. 160 § 1 (part), 1989) 346 ATTACHMENT 8 11.72.030 Public nuisances declared. ftodeAlert: This item has been affected by 462. Please refer to the CodeAlert Ordinance List for the most current provisions. The following are declared public nuisances: A. Buildings or structures which are abandoned, partially destroyed or in a state of partial construction; B. Buildings or structures that have dry rot or warped materials, are infested with termites, or the paint is cracked, peeled or blistered, rendering the building unsightly; C. Exterior walls, fences, driveways or sidewalks in a condition of deterioration or disrepair which are defective or unsightly; D. Broken windows, damaged doors or gates which constitute a health or safety hazard or which act as an invitation to trespassers, vagrants, wild or domestic animals or minor children; E. Parking or storing construction equipment, machinery or building materials in a residential zone except during excavation, construction or demolition operations conducted pursuant to a building or grading permit; F. Land graded without a grading permit which causes or may cause eroding, subsidence or surface water drainage problems and is injurious or potentially injurious to adjacent properties and the public health, safety and welfare; G. Any excavation, pit, well or hole maintained in a manner that is dangerous to life or limb; H. Any accumulation of dust, sand, gravel, refuse and waste matter or discarded materials including building and construction materials that endangers public health and safety; I. Outdoor stairs, porches, hand railings, balconies and swings not maintained in accordance with the Uniform Building Code adopted by the city; J. Any swimming pool, spa, pond, foundation or other body of water which is abandoned, unattended, unfiltered or not otherwise maintained resulting in polluted water; 347 K. Premises so maintained as to cause the accumulation of polluted or stagnant water from any source which may cause a hazardous or unhealthy condition, breeding area for insects or erosion of foundation walls or soil; L. The use of any spray, paint, dye, chalk or similar substance to mark or deface any building, structure, hillside, rock(s), stormchannel, or any other surface open to public view which is commonly known as graffiti; M. Violation of any of the zoning or sign ordinances of the city or any of the uniform codes adopted by the city including the Uniform Building Code, Uniform Code for the Abatement of Dangerous Buildings, plumbing code, electrical code, mechanical code, swimming pool code, fire code, health code and Uniform Housing Code; N. Maintenance of property so out of harmony or conformity with the maintenance standards of adjacent properties which causes a substantial diminution in the enjoyment, use or value of adjacent properties; O. Outdoor burning of any material or structure unless sanction by the fire department as a training fire or when used as a cooking or comfort fire contained in a fireproof container no larger than four feet in diameter; P. Permitting any abandoned, unattended or discarded icebox, refrigerator, freezer or other similar container with an airtight door or lid that cannot be readily released from the inside to remain unattended inside or outside any building or structure; Q. Stockpiling fill dirt or other material without a grading permit; R. Maintenance of grounds, landscape, shrubs, plants or vegetation visible from the public right-of-way which causes a substantial diminution in the enjoyment, use or value of adjacent properties; S. Landfills containing organic materials except those permitted by the building director or the public works director of the city; T. Allowing the following to exist on property: 1. Lumber, junk, refuse and waste matter or abandoned, discarded or unused objects or equipment such as furniture, appliances, and play equipment which is visible from the public right-of-way, 2. Attractive nuisances such as abandoned or broken equipment and machinery, hazardous pools, and excavations, 3. Clotheslines located in front yards or side yards of corner lots, clothes hung to dry on walls, fences, trees, bushes or inside open garages or carports which can be observed from the public right-of-way, 348 4. Materials stored on rooftops which are visible from the public right-of-way, 5. Trash containers or plastic bags causing offensive odors or a breeding place for flies, 6. Gasoline, oil, grease, water or other materials flowing onto a right-of-way or an accumulation of refuse, waste, grease and oil on any surface including but not limited to, surfaces such as improved or unimproved ground, rights -of -way, buildings, structures, walls or fences, 7. Any tree, shrubbery or plant growing onto or over the public right-of-way which impairs pedestrian or vehicular traffic or prevents drivers from clearly observing safety signs and signals, 8. Dead, decayed, diseased or hazardous trees, hedges, weeds, shrubs and overgrown vegetation likely to harbor rats or vermin or constitute an unsightly appearance or fire hazard; U. Dumping refuse and waste matter upon the following: 1. Any public or private highway or road, 2. Private property where the public is admitted by easement or license, 3. Private property with or without the consent of the property owner, and 4. Any public property not designated for such purpose; V. Dumping or placing any rocks or dirt upon private property without the consent of the state or local agency retaining jurisdiction over such highway or property; W. Repairing, storing, or otherwise working on any motor vehicle or parts thereof not belonging to the person residing on the premises in any residential area within the city unless: 1. Such activities are completely enclosed and not visible from the public right-of- way, or 2. Such activities constitute emergency repairs, provided that such repairs do not exceed seventy-two hours; X. Parking a vehicle, as defined in Chapter 11.80, in public view when a failure to maintain its exterior causes such vehicle to constitute an eyesore. Vehicles shall be deemed unsightly when body parts rust or become corroded, paint becomes faded, chipped, or peeled or the vehicle exterior becomes otherwise dilapidated; 349 Y. Sanding or painting a vehicle, as defined in Chapter 11.80, anywhere in a residential zone; Z. Failure to obscure vehicles and equipment which are stored in a residential zone out of public view; AA. Storage of any item in a residential zone in a manner which endangers public health and safety; BB. Any offensive or unwholesome business or establishment operated in a manner dangerous to the public health, safety and welfare; CC. Those offenses declared a nuisance anywhere in the code of the city or the statutes of the state of California or known at common law as nuisances when the same exist within the jurisdiction of the city. DD. Medical Marijuana Dispensaries. As used in this chapter, a "medical marijuana dispensary" is a facility or location which provides, makes available, or distributes medical marijuana to a primary caregiver, a qualified patient, or a person with an identification card, in accordance with California Health and Safety Code Section 11362.5 et seq. (Ord. 438 § 12007; Ord. 265 § 1, 1995; Ord. 177 § 1, 1990; Ord. 160 § 1 (part), 1989) 350 ATTACHMENT 9 I t J U. U. 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V N 0 N 1A CJQ mfA e9 f9 mf9 E9M f9 0DI d'C� V/1O c G .JU CY/i CD c� G yM(9 a'CU J 000a a�w0000 o000 �mzIIIccq, zIII t A X X 'Sao (] m N X X X F%% X ampj °%- $$ v a$SS o$ N a$$S N N O C0 C U.°C O m�N�� G 2 CO O U O yM�� C _ C1 'Q V; 2 U ydi�NM y m U N "� moOO❑ JOOw❑ J �70❑ 10 Illo III m 5�III ac e So .8$$ x o$o pm �o roaO cm SS z cs N O po N O N O L UOc vi :n� N .n ins wince m C f C E O !CY R C N C E G C �y C 9 t7 F 0 N N V d J� C) E N Q 0 � N 07O❑ El OCO❑ J oOO❑ m i VCM O 1 U � « OD 1 d C® ro00 H1 T 351 ATTACHMENT10 1.09.060 Appeal of administrative citation. A. Any recipient of an administrative citation may contest that there was a violation(s) of the La Quinta Municipal Code or that he or she is the responsible person by completing a request for hearing form and returning it to the address stated on the form within fifteen calendar days from the issue date of the administrative citation, together with an advanced deposit of the full amount of the fine. Any administrative citation fine which has been deposited shall be refunded if it is determined, after a hearing, that the person or entity charged in the administrative citation was not responsible for the violation(s) or that there was no violation(s) as charged in the administrative citation. (Ord. 379 § 1 (part), 2002) 1. 352 ATTACHMENT 11 1.09.070 Hearing officer. A. The director of building and safety shall appoint a person or contract an agency to provide a person who shall preside at the hearing and hear all facts and testimony presented and deemed appropriated ("hearing officer"). B. The employment, performance, evaluation, compensation, and benefits of the hearing officer, if any, shall not be directly or indirectly conditioned on or in any way related to the results or prior decisions issued by said hearing officer. C. Any person designated to serve as a hearing officer is subject to disqualification for bias, prejudice, interest or for any other reason for which a judge may be disqualified pursuant to Code of Civil Procedure Section 170.1. The responsible person may challenge the hearing officers impartiality by filing a statement with the citys director of building and safety or the citys designee objecting to the hearing officer and setting forth grounds for disqualification. The question of disqualification shall be heard and determined in writing by the citys designee within ten calendar days following the date which the disqualification statement is filed. (Ord. 379 § 1 (part), 2002) 353 Revenue Experts Firm Profile and Expertise ATTACHMENT 12 City of La Quinta Revenue Experts History Revenue Experts was incorporated in the State of California in October 2002. The Company grew out of Data Ticket, Inc., a California Corporation that has specialized in the processing and collection of parking citations in the State of California and nationwide for the past 20 years. In January 2008, Revenue Experts became a wholly owned subsidiary of Data Ticket, Inc., to facilitate shared staffing and technological expertise. -- Administrative citations began to emerge in the State of California in the late 1990s and a number of Data Ticket's parking clients began issuing them to their citizens who violated their Municipal Codes. Data Ticket initially accommodated a few of these clients by adding the processing and collection of administrative citations to their services; however, it became very clear that there was a real need for a Company that specialized in the processing and collection of administrative citations. After the initial offering of Code Enforcement Processing and Collections in conjunction with our parking program, we realized that there were significant differences between parking and true administrative citations. Based on this knowledge we decided that we could better serve the needs of our Administrative Citation clients, and potential clients, by offering both a separate company and a separate program for handling Administrative Citations. Therefore, Revenue Experts was formed and incorporated to offer a comprehensive program encompassing the total scope of services required to process, adjudicate and collect Administrative Citations. Revenue Experts Overview Revenue Experts provides code enforcement management services for all public agencies that write administrative citations. These services include processing and collecting of administrative citations issued for building and safety, animal control, fire, police, and many other civil enforcement areas. Specific services include data entry (electronic and manual); data storage and management; noticing; adjudication and trained, independent hearing officers; toll -free customer service representatives; payment processing and collections; and Franchise Tax Board Interagency Intercept participation. All aspects of administrative citation processing and collections are handled in our offices, and all citations are available online for the agency and citizens to access 24 hours a day. Additionally, we offer your officers handheld ticket writers to streamline the process. In summary, Revenue Experts offers the following services: • Administrative citation processing • Revenue collection Notice management based on Agency business rules Data entry and citation tracking of administrative citations, manually or electronically LaQuinaRevenue Experts Documentation09 354 Revenue Experts Firm Profile and Expertise City of La Quinta • Daily citation status updates • Citation tracking • Toll free customer information for Citizen Inquiry — 24/7 • Toll free customer care answer lines • Secure website access for citizen inquiry 24/7 • Secure website access for citizen payment 24/7 • Secure website access to total database for Agency 24/7 • Agency access to reports 24/7 on the website • Citation reviews and hearings scheduled and held • Appeals heard by certified, independent, and trained hearing officers • Decisions sent and tracked • .Daily bank deposits • Monthly bank account reconciliation • Monthly reporting, tracking and documentation • FTB Interagency Intercept Program participation & interface • Social Security Number access for Interagency Intercept Program participation • Consolidation of all debts for Interagency Intercept Program participation • Updating, tracking & reporting on Interagency Intercept Program payments • Handheld ticket -writers offered for complete automation Revenue Experts Size Revenue Experts is a growing company serving over 40 clients in California. Revenue Experts Location Revenue Experts is centrally located in Orange County at 4600 Campus Drive, Suites 200 and 203 in Newport Beach, California. Revenue Experts Process Revenue Experts understands the unique requirements the City of La Quinta has for the processing and collecting of Administrative Citations. As part of our services, Revenue Experts provides the following capabilities: • Receive and process of all daily and delinquent administrative citations • Collect and process timely and late violation penalties • Collect and process administrative fees • Collect and process other related charges, including insufficient funds and credit card chargebacks • Provide real-time reports at the discretion of the City, including audit reports, 24/7 • Provide secure website access to the City to allow for citation inquiries, 24/7 • Provide secure website access to the Citizen to allow for citation inquiries, 24/7 • Manage, maintain, and send all notices to citizens as specified by the City • Collect payment by check, money order, or credit card LaQuinaRevenue Experts Documentahon09 ��" 355 Revenue Experts Firm Profile and Expertise City of La Quinta • Provide Toll Free telephone services for both the Citizen and City • Provide trained, independent, and certified hearing officers • Perform all administrative hearings for appeals, including scheduling, preparation, and mailing of all notices • Send and track all appeal decisions, including scheduling court dates and notifying the City of decisions • Process Interagency Intercept Program collections with the California State FTB, including reporting on the UP • Access Social Security numbers Interagency Intercept Program • Provide handheld ticket writers to the City if they are desired; however, they are not required • Provide a PO Box with daily courier service for collection of citation payments and other mail • Perform daily bank deposits to the City's bank of choice • Perform monthly bank account reconciliation • Perform onsite training for City resources Administrative Citation Processes Based on the requirements of the City of La Quinta, Revenue Experts has identified the following processes that will be followed for processing and collecting administrative citations for the City. • The City will provide warning(s) to citizen regarding violation(s) and a time frame established for compliance • Following a warning, the City will revisit the site for compliance; if compliance has not been reached, a citation is written • The citation will specify the violation(s) and inform the violator of the time frame from the date of the citation to pay the violation(s) and/or correct it/them • The City will send the citation to Revenue Experts within 7 days of issuance • Citations received from the City will be keyed or entered electronically into Revenue Experts's database • The Violator will have a set number of days to pay or contest (appeal) the citation; this timeframe will be set by the City • If paid, the payment will be entered in the system and the payment will be deposited in City's bank account • If no payment is made within the specified timeframe, Revenue Experts will mail a first notice of delinquency for payment • After a set number of days from the date of the first notice, if the citation remains unpaid, Revenue Experts will mail a second notice of delinquency for the total amount due, including any added penalties • This notice will indicate the future actions that will be taken to collect the fine, including submitting the violator's name to the Franchise Tax Board for collection through the Interagency Intercept Program, and indicating any additional processing costs that may be added to the fine • After 30 calendar days from the date of the second notice, if the fine is still unpaid, Revenue Experts will mail a final notice informing the citizen that they LaQuinaRevenue Experts Dowmentation09 �' 356 Revenue Experts Firm Profile and Expertise City of La Quinta have thirty days to pay the total debt or they will become eligible for submission to the Franchise Tax Board for liens against their state income tax returns and lottery winnings to satisfy their debt(s) to the Agency. If there is no response within the thirty day period, Revenue Experts will place the citation on the Interagency Intercept Program list for submission at the appropriate time • Revenue Experts will then access social security numbers to attach to citations that are eligible for the program • All citations attached to the same social security number will be grouped together for submission, with a total amount due showing • Citations will be placed in the Program during Revenue Experts normal file transfer to the Franchise Tax Board • When Revenue Experts places a citation with the Interagency Intercept Program the amount of the fines plus any additional charges will be included on the total amount due by the citizen and may be paid in full or in part depending on the amount available for dispersal Hearing Request Processes At some point, should the City of La Quinta require that Revenue Experts handle the Hearing Request Process, Revenue Experts will handle the required - documentation, schedule, report on the decision and manage the process by adhering to the following process: • The citizen may call the toll free number provided on the citation for appeal procedures or follow the appeal instructions on the citation. The violator will be instructed to put their appeal in writing or on a form supplied by the City and post the entire amount of the bail • If the citizen requests an appeal based on a "hardship waiver" he/she must obtain a form from the Agency and file it with all required information. • The Agency will approve or deny the "hardship waiver" request and inform the citizen of their decision • If approved, the citizen must then submit his/her appeal and approved "hardship waiver" to Revenue Experts within the required time frame in order to be valid • If the "hardship waiver" is denied and the citizen still wishes to appeal, he/she must send the appeal request and the full amount of the bail to Revenue Experts within the required time frame in order to be approved • If the appeal is not directed to Revenue Experts, but is received by the City, the City will forward the appeal to Revenue Experts • When the appeal and bail are received within, the allowed timeframe, Revenue Experts will schedule the citizen for a hearing and notify the City and the citizen that the appeal has been approved to proceed and will be notified of the time, date and place of the hearing • If the appeal is not received within the allowed timeframe and/or if the entire bail is not posted, both the City and the citizen will be notified that the appeal request has been denied 351 LaQuinaRevenue Experts Documentation09 Revenue Experts Firm Profile and Expertise City of La Quinta • During this process, all supporting documentation will be communicated between Revenue Experts and the City (including officer's notes and pictures) for the actual hearing • Following the hearing, the citizen will receive written confirmation of the decision of the Hearing Officer sent by certified mail with 10 days of the conclusion of the hearing; the City will be notified of the same via fax • If the citation is upheld, the information will include further instructions to the citizen, including the time frame for a court appeal if the citizen desires to continue to contest • If the citation is dismissed, the City and the citizen will be notified and a refund will be generated for the posted bail • If there is no further appeal within the timeframe allowed, the City will be notified of the outcome and the case closed • If the citizen appeals to the court she/he is subject to pay a court -filing fee • Revenue Experts will notify the City and all supporting information for the case will be forwarded to the City for the court appearance • The court decision will be copied to Revenue Experts and any refund or correspondence required will be handled; if the court dismisses the citation, the City will be responsible for refunding the $25.00 court -filing fee • The system will be updated and the case closed • If there is no response to the notice of delinquency from the citizen, the City will be notified for a decision on further action; options include closing the citation unpaid, the City filing in small claims court against the citizen or notification of the Interagency Intercept Program to attach any state tax returns or lottery winnings that would be paid to the citizen during the year Revenue Experts Communication Practices Initially, Revenue Experts will schedule weekly meetings to manage the implementation of the City's data into our database format. During this time, Revenue Experts will need to complete an implementation checklist with the help of the City. Prior to each weekly meeting, Revenue Experts will send an agenda of items that need to be completed with the help of the City. The majority of the work will be the responsibility of Revenue Experts, with the City providing information. Following the implementation, interaction between the City and Revenue Experts will be at the discretion of the City. Revenue Experts will send the City a monthly invoice and the City will have the ability to access their data real-time 2417. In addition, interaction is encouraged with regard to any questions the City may have and Revenue Experts will provide answers within a 24-hour timeframe. Revenue Experts Reporting Practices Revenue Experts provides two types of Project Reporting. The first type of Reporting is during the implementation phase for the City. The purpose of this LaQuinaRevenue Experts Documentation09 358 JO Revenue Experts Firm Profile and Expertise City of La Quinta reporting is to keep the City and Revenue Experts in synch with the progress of the implementation and to manage expectations regarding when the --- implementation will be complete. In addition, this reporting allows the City and Revenue Experts the ability to track outstanding tasks and timelines. During the implementation, Revenue Experts will be in constant communication with the City. In addition, weekly meetings will be held at the discretion of the City to ensure the project stays on track. - The second type of reporting is available after the implementation has been completed. The purpose of this reporting is to provide the City with real-time information on their citation processing. The following is a brief summary of the types of reports that are available on the Revenue Experts website, 24/7: Citation Status Report Displays all citations written, fines, penalties, and balances due Deposited Report Displays all bank deposits for any given time period Payment Batch Report Displays detailed information for a specific deposit including citation numbers, check numbers and amounts Refunds Pending Displays any refunds due for duplicate payments, Report dismissals, or overpayment of citations FTB Pmt By Invoice Displays all payments made at FTB on a given invoice. Report Cites Invoiced Report Displays all citations from a given invoice Payments By Credit Displays all payments by credit card for a given date Card Report range Payments at (FTB) by Displays all payments made at the FTB for a given date date range range Officer Summary Displays by officer the number of tickets written, paid and Report amount still owing for all cites written during a given date range - Scofflaw Report Displays all individuals owing at least a certain amount. (For example if you wish to generate a list of all citizens owing $2000.00 or more you would simply enter $2000 in the option box and you would be able to see all those owing that amount or more. Pending Citations Displays all individuals who have open citations past a certain number of days; the report can be used as a guide to those who need to be re -cited if compliance has not been met Invoiced SSN Displays all the SSN from a given invoice Technical Capabilities Revenue Expert's administrative ticket management system, known as Citation Master 9000, is a highly advanced and feature -rich processing system employing the latest hardware and software technology. The system runs on an enterprise LaQuinaRevenue Experts Documentation09 359 Revenue Experts Firm Profile and Expertise City of La Quinta of Windows 2000 Servers containing all the latest Microsoft Backend products including Windows 2000 Advanced Server, SQL Server 2000, and Internet Information Services 5.0. The databases are housed on a Dual Xeon 1.6GHz RAID 1, 72 GB Server, with ancillary services residing on other servers. The hardware and software are configured to deliver maximum performance. By utilizing client -server techniques, along with server side scripting, stored procedures and triggered events, the system is able to handle citation files in access of 2 million records. The database is capable of holding over 2 billion - citation records. 360 LaQuinaRevenue Experts Documentation09 Revenue Experts Firm Profile and Expertise City of La Quinta Individual processing features: Communications: Revenue Experts provides a host of file transfer options. While file attachments via Internet mail are preferred, we also support FTP transfers, CD's, DVD's, reel tape, cartridge tape, zip disk, and diskette files. Media Magic: New citations, payments, and adjustments are read into the system using the Media Magic program. This program allows Revenue Experts to import varying client formatted data with the greatest of ease, enabling clients to avoid having to program expensive export processes. The program handles tab delimited, ASCII, DBASE, EBCIDIC, Excel, Access, and other file formats. Customer Service Wizard: A variety of screens are available, via the Internet, to allow customer service clerks, officers, administrators, and even violators, access to citation records. Look -ups can be done by any of the following criteria: citation number, case number, name, notice number, location, badge number, or Social Security Number. Every aspect of the citation record is available, including status history, payment history, penalties applied, and noticing activity. Report Wizard: dozens of reports are available for any operational or managerial need. The reports are also viewable over the Internet, thus reducing the client's cost of hardware and software. By utilizing SQL and Data Warehousing, these reports are generating at incredibly high speeds. Custom reporting is also available at significantly reduced prices. Technical Specifications: Citation Master 9000. Gold version (ver 3.2.49) Hardware Duel Xeon 1.6 GHz Operating System Windows 2000 Advanced Server Storage Capacity 72 GB Database SQL 2000; 2,147,483,647 records Software VB 6.0, ADO 2.7 LaQuinaRevenue Experts Documentation09 .. 361 ATTACHMENT 13 Home Repair and Home Rehabilitation Grant Programs 1. Home Repair Overview: The Economic Development Agency will help pay for a new roof, furnace or air -conditioner, plumbing repair, or a handicap ramp. These repairs and many more are available through the EDA Home Repair programs. EDA can cover the cost of repairs up to a total of $6,000 with no loan or payback requirement if you meet the program guidelines: ➢ Must Own Your Own Home ➢ Meet Low -Income Guidelines If you are disabled and/or 62 years old or older, you may apply by calling the Riverside County, Office on Aging at 1.800.510.2020 to help streamline the application process. All other Riverside County residents may apply or obtain further program information from the EDA Home Repair office at 1.800.945.6171 or download and complete the application. Who Is Eligible: Home repair services are available to homeowners who are low-income, based on the income table below: Riverside County Maximum Gross Income Limits Effective 03/20/2007 Extremely Section 8 -Very k family Low Income Low Income Limit Public Housing -Low Income members Limit of (50%of median) Limit (80%of median) medianian)) 1 12450 20700 33150 2 14200 23700 37900 3 16000 26650 42600 4 17750 29600 47350 5 19150 31950 51150 6 20600 34350 54950 7 22000 36700 58700 8 23450 39050 62500 9 24850 41450 66300 10 26250 43800 70100 11 27700 46200 73850 12 29100 48550 77650 13 30550 50900 81450 14 31950 53300 85250 Additional eligibility requirements may apply based on the program you select. EDA staff will determine eligibility based on a review of application documents. 362 There are several other rules that apply to leasing and rights of subsequent property owners after they take interest in a formally foreclosed property. What Areas Qualify for Home Repair Services? You must currently own a home in the Riverside County unincorporated area or in one of the following cities: Banning, Lake Elsinore, Beaumont, La Quinta, Blythe, Murrieta, Norco, Cathedral City, Perris, Canyon Lake, San Jacinto, Desert Hot Springs, Indio, Temecula 2. Home Rehabilitation Program Overview: The Economic Development Agency offers additional services through the Home Rehabilitation Program, which can provide up to $20,000 for home repair services. This program is designed to cover several repair items or more costly repairs, such as, air conditioning repair, kitchen or bathroom repair, roof replacement, plumbing re -piping, electrical upgrade, or exterior painting. Repairs are prioritized by EDA based on health and safety concerns. Because of the investment from this program the homeowner signs an agreement to maintain the property in good condition for ten years. Rehabilitation of a mobile home may not be feasible when structural or substandard conditions exist. If you qualify, EDA may replace the existing mobile home on your property using a combination of grant and loan funds. Prospective participants should download and complete the application. The terms and conditions of the rehabilitation program are, from time to time, subject to change. 363 Page 1 of 1 Wanda Wise -Latta From: John King Uking@peterrabbitfarms.com] Sent: Tuesday, March 17, 2009 9:50 AM To: Council Subject: code inforcement /,.. C4 03/ ►7109 76L Ode& I hope that all of you are reading what the true citizen feel about our code inforcement personel and the good job they are doing and not give in... the trash, garbage, cars, etc., in the front yards are an eye sore to all -our cove needs the inforcement people.. Thank You John King 364 3/17/2009 Page 1 of 1 Wanda Wise -Latta From: Forest Meadows [forestdmeadows@yahoo.com] Sent: Tuesday, March 17, 2009 1:16 PM To: Council Subject: Code Enforcement Article in Desert Sun Council Members - CA_ "045 ecWk, Do not change a thing about La Quinta city's code enforcement enforcement. Those people who complain have no respect for their own proerty, the city, or their neighbors. They live in a community and should keep in clean and safe. They are trying to disuade enforcement and are waiving the "harassment" flag. I remember a great quote from a while ago.."You can't harass those who are breaking the law" Stand fast against these people and remember, the ones who vote for you are the ones who care about their city. Forest D. Meadows 365 3/17/2009 Re: City La Quinta-COL)E ENFORC! M! NT ISSUE -FOR COUNCIL DIS'1'RIBU'1'ION Page 1 of 1 Cc Wanda Wise -Latta VOYJI From: SleuthOne [SleuthOne@aol.com] CM Sent: Tuesday, March 17, 2009 4:17 PM k To: Wanda Wise -Latta ®� 5 Subject: Re: City La Quinta-CODE ENFORCEMENT ISSUE -FOR COUNCIL DISTRIBUTION TO THE CITY COUNCIL I AM AWARE OF THE HEATED DEBATE REGARDING CODE ENFORCEMENT. HAVING BEEN A RESIDENT OF LA QUINTA FOR APPROXIMATELY A YEAR AND A HALF I CAN ASSURE YOU THAT I APPRECIATE THE STANDARDS HELD BY CITY ENFORCEMENT OFFICIALS. I MOVED HERE FROM THE CITY OF MALIBU CALIFORNIA BECAUSE I BECAME TIRED OF GRAFFITI, SIGN POLLUTION, TRASH POLLUTION AND THE GENERAL STATE OF LOT MAINTENANCE. I HAD NO KNOWLEDGE OF THE CITY OF LA QUINTA PRIOR TO SENDING OUT STAFF PERSONS TO CHECK OUT CITIES FROM INDIO WEST TO PALM SPRINGS AND TO REPORT BACK TO ME WHERE THEY THOUGHT THE BEST LOCATION FOR RESIDENCE WOULD BE. THEY INDICATED THAT LA QUINTA "FELT" THE BEST. I PURCHASED A RESIDENCE IN A NON- GATED COMMUNITY EAST OF WASHINGTON. I ENJOYED EVERYTHING ABOUT MY SELECTION AND THE RESPONSE OF CITY GOVERNMENT TO MY NUMEROUS QUESTIONS. AS TO CODE COMPLIANCE, I FOUND THAT DEPARTMENT TO BE MOST RECEPTIVE TO THE ISSUES FACING THEM. I EVEN TOOK THE TIME TO DRIVE AROUND MY NEIGHBORHOOD AND NOTED THE NUMEROUS VIOLATIONS. IN DISCUSSING THE VIOLATIONS WITH CODE COMPLIANCE OFFICERS AND STAFF I FOUND THAT NOT ONLY HAD NUMEROUS CASES BEEN OPENED ON THE VARIOUS VIOLATORS BUT THAT THE CITY WENT FURTHER AND GAVE THE VIOLATORS REPEATED NOTIFICATIONS PRIOR TO TAKING ANY ADVERSARIAL ACTION AGAINST THE VIOLATORS. CERTAINLY, VIOLATORS BEING REPEATEDLY NOTIFIED BY CITY PERSONNEL OF AN ONGOING VIOLATION SHOULD EITHER CORRECT THE VIOLATION OR DISPUTE IT WITH SOME FACTUAL REASONING. WE LIVE IN A CITY THAT WE SHOULD BE QUITE PROUD OF AND ARE FORTUNATE TO HAVE A CITY MANAGER AND SUPPORT STAFF THAT CARE ABOUT THE QUALITY OF LIFE ENJOYED BY THE MAJORITY OF US FORTUNATE ENOUGH TO RESIDE IN THE CITY. BEFORE THE CITY COUNCIL MAKES ANY HASTY DECISION THAT WOULD HAMPER CODE ENFORCEMENT THEY NEED TO STEP BACK FOR A MOMENT AND RECOGNIZE HOW FORTUNATE WE ALL ARE TO LIVE IN A CLEAN RESIDENT FRIENDLY ENVIRONMENT. MY FAMILY MOVED HERE TO BE AWAY FROM NEIGHBORHOOD POLLUTION. THESE COMPLAINING RESIDENTS ARE CLUELESS AS TO HOW FORTUNATE THEY REALLY ARE. RESPECTFULLY SUBMITTED, S/WILLIAM L. STEVENS LA QUINTA RESIDENT 366 3/17/2009 La�- Qr w CF'H OE TKF'� COUNCIL/RDA MEETING DATE: March 17, 2009 ITEM ITEM TITLE: Discussion of the Draft Fiscal Year 2009/2010 Through 2013/2014 Capital Improvement Program RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: o_ STUDY SESSION: � PUBLIC HEARING: Direct staff to make appropriate revisions to the draft Fiscal Year 2009/2010 through 2013/2014 Capital Improvement Program (CIP). The revised CIP will be submitted to the City Council for consideration and approval in May 2009. FISCAL IMPLICATIONS: This is an informational report only. Once the CIP is adopted, the Fiscal Year 2009/2010 projects will be incorporated into the annual budget. The CIP was developed in a conservative manner. Projections were formulated utilizing conservative estimates consistent with operating revenues. The projects for the next five years, as shown, are based on considered need and available funding with conservative projections of anticipated collections of Development Impact Fees. It is important to note that projects identified in Fiscal Years 2010/2011 through 2013/2014 may be adversely affected if future Development Impact Fee related construction activity does not begin to recover. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Provided for your consideration is the City's Capital Improvement Program (CIP) commencing in the 2009/2010 Fiscal Year. A copy of the draft CIP is presented to the City Council for review as Attachment 1. This document is a statement of the City's goals, objectives, and priorities for a five-year CIP and the financial 1. 367 commitments required to accomplish those objectives. The preparation of this document has been a joint effort of the City Manager's Office, Public Works, Finance, Building and Safety, Community Services, Community Development, and City Clerk Departments. The purpose of the CIP is to provide the City with a long-range program for major municipal capital construction projects based on the systematic development of an accompanying financial plan. The CIP is a five-year planning instrument used by the City to identify capital improvement needs and to coordinate financing and timing of those needs in a manner that maximizes benefit to the public. As each annual budget is prepared, additional projects and priority needs are identified and added to the program to maintain a total five-year plan. The first year of the CIP is titled the Capital Budget and is based on existing fund balances and projected revenues. The capital budget is incorporated into the annual City "Operating" Budget, which appropriates funds for specific facilities, equipment and improvements. Projects slated for subsequent years in the program are approved on a planning basis only and do not receive expenditure authority until they are incorporated into the capital budget. The CIP will be updated annually and can be amended at any time based on revenue availability and changes in project priorities. As such, tentative City Council endorsement of the five-year program is desirable for the effective implementation of the City's goals and objectives. Capital improvements are major projects undertaken by the City that are generally not recurring on a long-term, annual basis. In this sense they are differentiated from Maintenance and Operation (M&O) expenditures for normal City operation. They include design, inspection, testing, project administration, land and/or right-of- way acquisition; construction or modification of buildings or facilities, and public infrastructure construction or modification. Fiscal Years 2009/2010 through 2013/2014 CIP include a listing of projects by fiscal year priority and type of improvement. These projects are presented in summary on Exhibit 1. The fiscal year a project is scheduled depends on the availability of specific funding sources, operation and program needs, and prior City Council policy. Projects include bridge, street, traffic signals, drainage, landscaping and lighting, parks, and city facilities. Only those projects that have identified funding sources in the five-year period are listed within a fiscal year. Those projects that are designated as "additional projects" do not have identified funding sources through the term of the five-year program, or, in the case of DIF funded projects, a long-term collection period is required to develop the specified project. The additional projects are presented in summary on Exhibit 2. The identification of additional and/or alternative funding sources will be addressed during the annual review and approval of subsequent CIPs. Each project is described in brief detail including a description of the project, the location of the .. q-r project, a breakdown of the estimated project cost, the revenue sources proposed to be used to fund the project, and an estimate of the annual M&O costs associated with the capital improvement. The completion of any specific capital improvement project may have a direct impact on the M&O budgets of the General Fund and other funds. An estimate of these future costs is necessary to assess whether there is financial capacity within the operating budget to cover these ongoing costs. All project costs included in the CIP are at current year project estimates. No inflation factors have been utilized in determining costs for projects in Fiscal Years 2010/20111 through 2013/2014. The 2008/2009 CIP identified $9,128,071 in capital improvement projects. With one exception, all 2008/2009 projects are either completed, are currently in the design or construction stage, or will have contracts awarded by the end of the fiscal year. Project 200713 — Calle Estado Mid -Block Crossing cannot be constructed unless the property owner provides an easement to the City. Staff has contacted the property owner and has discovered that the property has been listed for sale. As such, the property owner has declined to provide an easement for the City's use to install the mid -block crossing. Considering the circumstances, staff is recommending the project be removed from the approved capital budget and the appropriated funding be returned to the RDA Project Area Number 1 account for use on other projects. Included in the CIP document is a "Capital Improvement Program Fiscal Year 2008/2009 Project Status Report," which lists: one 1996/1997 project carried - over, one 2000/2001 project completed, one 2001 /2002 project completed, one 2002/2003 project completed, one 2004/2005 project underway, two 2005/2006 projects underway, one 2005/2006 projects completed, seven 2006/2007 projects underway, one 2006/2007 projects completed, six 2007/2008 projects underway, three 2007/2008 projects completed, nine 2008/2009 projects underway, and three 2008/2009 projects completed. Also included is a "Carryover Project Summary" which provides the life -to -date expenditures for all active CIP projects. Fiscal Year 2009/2010 proposes $20,486,266 in capital improvement projects. There are a total of nineteen projects identified for this fiscal year. Project Number 199613-Washington Street/1-10 Interchange Improvements is recurring long-term commitment. Two other projects are recurring as part of a long term plan to fill missing sidewalk links (199702-Sidewalks-Various Locations) and to install new or upgrade existing handicap access ramps (Project Number 199703-Handicap Access Ramp -Various Locations) to comply with the ever evolving ADA standards. 30 There are sixteen new projects proposed to complete the 2009/2010 CIP. These projects include: 200901 - Avenue 50 Bridge Improvements Spanning the All American Canal 200902 - Madison Street (Avenue 50 to Avenue 52) 200903 -Highway 111 Median Island Landscape Improvements (Adams to Jefferson). This project is proposed to be funded with revenue collected through the Transportation Developer Impact Fee (DIF). As of February 28, 2009, the fund balance within Transportation DIF is insufficient to cover the estimated costs of the improvements. If additional funds are not collected through June 30, 2009, it may become necessary to loan the shortfall amount from either the City's General Fund or the Redevelopment Agency Project Area Number 2. 200904 - Dune Palms Road Street Improvements (Whitewater River to Westward Ho) 200905 - Seasons Park (Installation of dog park amenities) 200906 - Adams Park Playground 200907 - Fritz Burns Park Playground 200908 - Seasons Park Playground 200909 - Pioneer Park Improvements (Improvements to dog park/new parking lot) 200910 - A Street Extension (Dune Palms Drive easterly to Komar Center) 200911 - Washington Street Apartment Rehabilitation 200912 - RDA Owned Cove Homes (Landscape conversion at 2 locations) 200913 - Relocation of the Coachella Canal at SilverRock Resort 200914 - Highway 111 Utility Undergrounding (Southside adjacent to RDA owned property) 200915- Drainage Improvements (Northeast corner of Simon and Washington Street) 200916 - Village Parking Lot Safety Lighting (City owned lot on Tampico west of Bermudas) Fiscal Year 2010/2011 proposes $2,377,845 in capital improvement projects. There are a total of five projects identified for this fiscal year. These projects include the recurring projects previously listed, and the following two new projects: 201001 - Madison Street (Avenue 50 to Avenue 52) 201002 - Community Center. This project proposes to expand the Senior Center by approximately 5,000 square feet for use as the City's Community Center. The proposed Community Center will accommodate a fitness work-out area, classroom space, and other gathering areas. This project is proposed to be funded with revenue collected through the Community Center Developer Impact Fee (DIF). As of February 28, 2009, the fund balance within Community Center DIF is insufficient to cover the estimated costs of the improvements. If additional funds 370 are not collected through June 30, 2010, it may become necessary to loan the shortfall amount from the City's General Fund. Fiscal Year 2011/2012 proposes $16,592,900 in capital improvement projects. There are a total of four projects identified for this fiscal year. These projects include the recurring projects previously listed, and the construction phase of the SilverRock Resort Clubhouse. 200610 - SilverRock Resort Clubhouse - Construction Phase. The construction phase of this project was appropriated during Fiscal Year 2007/2008 and included within the City's approved capital budget. While the design phase of the project is nearing completion, staff believes the project should be delayed until the local economy improves. As such, staff is recommending the construction phase of the SilverRock Resort Clubhouse be removed from the capital budget and identified for funding during Fiscal Year 201 1 /2012. Fiscal Year 2012/2013 proposes $19,017,311 in capital improvement projects. There are a total of four projects identified for this fiscal year. These projects include the three previously listed recurring projects and the construction phase of the SilverRock Resort Golf Course. For the same reasons discussed above for the Clubhouse, staff is recommending the Resort Golf Course be delayed until the local economy improves. Fiscal Year 2013/2014 proposes $465,000 in capital improvement projects. There are three projects identified for this fiscal year. These projects include two of the three previously listed recurring projects and project 201301 - New Traffic Signal (Washington Street at Lake La Quints). It is important to note that City's final payment to the Washington Street Interchange will be made during Fiscal Year 2012/2013. There are forty-three Add Projects identified under the current CIP Additional Projects (Add Projects) list that are not scheduled for funding within the next five years. The costs associated with the implementation of these projects are estimated at $86,884,567. Please refer to the detail sheets located under the Additional Projects tab for additional information regarding these additional projects. There are six projects currently identified with City Council approved Developer Reimbursement Agreements. The costs associated with these projects are estimated at $3,472,775. Summary information associated with these projects is presented in the Revenue Summary and Expenditure Summary Sections. In addition, a summary detail sheet is presented at the tab labeled Developer Reimbursement Request (DRR). The information presented within this section 371 provides the Council with a status and summary of Developer requested reimbursements for projects eligible for future funding by the Transportation DIF. In accordance with the approved agreements, reimbursement will be made when Transportation DIF funding becomes available. Staff is developing prioritization criteria that will be used in the future to fund these projects from highest to lowest priority. According to the current Cash Flow Model for Fiscal Year 2009/2010, Transportation DIF funding is not available at this time to reimburse the developers for eligible improvements. If the Council chooses to fund these improvements at this time, the project priorities previously identified to receive Transportation DIF funding cannot be built without a loan from the City's General Fund. The following assumptions should be taken into account when reviewing the CIP: 1. The City Council has reaffirmed prior policy to maintain sufficient General Fund emergency reserves, a General Fund reserve for cash flow purposes, and allocation of sufficient funds to cover current contracted and authorized capital improvement projects. 2. Because of increases in ongoing maintenance costs, the addition of completed improvements and the provisions of Proposition 218, the Lighting and Landscape District may not have sufficient funding in the future. The current fund balance and annual assessment revenues are inadequate to cover all future capital and operational cost increases. The alternative would be to continue to defer specific lighting and landscape improvements and/or reduce existing landscape maintenance activities until such time that other revenue sources are available. The City Council's review of the draft Fiscal Year 2009/2010 CIP will enable City staff to complete the final CIP for public review. Pursuant to Government Code Section 66002, the City Council is required to schedule a public hearing on the CIP and consider its adoption at a subsequent regular meeting. Upon its adoption, the 2009/2010 CIP will be incorporated into the City's Fiscal Year 2009/2010 Capital Budget. Respectfully submitted, g Lw",w� imothy Von on, P.E. Public Works Di ctor 372 Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Draft Capital Improvement Program (City Council Only) 373 1 T �a� �W N 15 4 OF T COUNCIL/RDA MEETING DATE: March 17, 2009 ITEM TITLE: Discussion of the Draft 2009-2010 Economic Development Plan RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Review the 2009-2010 Draft Economic Development Plan and provide direction regarding the policies, recommended implementation activities, and overall direction of the City's economic development efforts. FISCAL IMPLICATIONS: None for this action. The 2009-2010 implementation activities will be included within the Fiscal Year 2009-2010 Budget. CHARTER CITY IMPLICATIONS: The City Charter and its principles of "home rule allow the City sufficient flexibility to undertake economic development activities. The Charter allows the City "to utilize revenues from the General Fund to encourage, support, and promote economic development." BACKGROUND AND OVERVIEW: The City of La Quinta is in the fourteenth year of a proactive economic development implementation effort. In June 1995, the City Council directed staff to initiate an economic development strategic planning process that concluded in May 1996 with the adoption of the first Economic Development Plan. Thereafter, the plan has been reviewed and updated on an annual basis. .. 3 74 Included as Attachment 1 is the redline Draft 2009-2010 Economic Development Plan for City Council review. Once adopted, this plan will be one of five components that comprise the City's overall strategic planning effort; the other components include the Capital Improvement Program, Resource Allocation Plan, Annual Financial Management Review, and the 2009-2010 Annual Operating Budget. Despite a down economy, the past year has been steady for La Quinta in terms of economic development and redevelopment activities. The City is maintaining its retail base as many centers in La Quinta now offer a unique blend of shopping and dining experiences. La Quinta enjoyed various openings this fiscal year such as Applebee's, Mimis Cafe, Souplantation, and BevMo. Furthermore, retail base expansion is still underway as several new commercial centers are under development. In Fiscal Year 2009-2010, the City will be focusing on strengthening the local economy by supporting La Quinta businesses. A number of programs will be implemented or enhanced, including: PlaylnLaQuinta.com (tourism website), a dining directory, a shopping map, a commercial property listing, a variety of special events, a La Quinta Village sign program, a new public relations strategy, and a cooperative program that will reach out to local businesses throughout the City. La Quinta hospitality venues continue to see positive results with the support of programs like the Bob Hope Chrysler Classic and a cooperative advertising program between the City and La Quinta hotels. Similar to the online advertising program with La Quinta hotels, an emphasis will be placed on expanding online marketing strategies that are trackable and allow the City to measure its investment. As more residents and visitors invest time in La Quinta, particularly in the Village, La Quinta hotels and businesses will continue with successful operations. Last year, a primary goal of the Economic Development Plan was to attract more people to the La Quinta Village, and as events are held here year round (e.g., La Quinta Arts Festival, Art Under the Umbrellas, Certified Farmers Market, Open Air Cinemas, and the Chamber of Commerce Car Show, La Quinta Museum exhibits and events) the Village is enjoying the benefits of more foot traffic. To highlight a couple of redevelopment projects, Vista Dunes Courtyard Homes and Wolff Waters Apartments are emerging as exemplary affordable housing developments. Vista Dunes is the largest multi -family, affordable housing community in the country to achieve "Platinum" certification by Leadership in Energy and Environmental Design (LEER). Recently, the City was notified that Vista Dunes was granted an "Award of Excellence for Sustainable Development" by the California Redevelopment Association (CRA). The Wolff Waters development is nearly completed and has an anticipated opening date of December 2009. This 218-unit, multi -family complex targets affordable workforce housing needs and is vying for LEED "Silver" certification. 375 A couple of new components added to the Economic Development Plan include the City's green conservation program and the American Recovery and Reinvestment Plan (i.e., the federal stimulus package). The City has been proactive in working with its green partners on programs that assist residents in saving money while also being kind to the environment. Key efforts such as the Landscape Conversion Program and Smart Controllers also stimulate the economy by providing jobs and increasing vendor services. Additionally, a brief summary has been provided on the federal stimulus package recently introduced. The City of La Quinta as well as other Valley cities and organizations are working with the State, via an Assembly Economic Stimulus Recovery Task Force, to identify projects eligible for funding under this program. A summary of major goals for Fiscal Year 2009-2010 as outlined in the Economic Development Plan is provided below: Continue successful affordable workforce housing programs and projects; Continue efforts to expand and attract auto dealerships; Review and, where deemed necessary, update the Village Design Guidelines, General Plan policies, and Zoning Code Regulations to promote and encourage a mixture of pedestrian friendly retail, service, and residential land uses. • Consider land acquisition and improvements for park and recreation uses; • Continue to evaluate implementation of the Disposition and Development Agreement for SilverRock Resort private development; • Continue to attract more people to the La Quinta Village in partnership with La Quinta hotels and businesses as well as special event organizers; • Support local businesses and hotels in La Quinta via continued and enhanced cooperative advertising programs, the new tourism website, and special events; • Focus on existing business support by promoting shop/dine, tourism, culture and history, and golf opportunities in the City; Continue to implement green programs in partnership with Imperial Irrigation District, Burrtec Waste & Recycling, Coachella Valley Water District, and The Gas Company; and, Monitor and pursue federal stimulus funding to provide for General Fund relief for transportation, infrastructure, and energy efficiency projects. After today's study session, staff will incorporate the Council's changes and suggestions. A final version will be brought back for Council adoption on April 21, 376 2009 along with an updated Executive Action Summary which was produced and designed last year for the first time. Respectfully submitted, Douglas R. ans Assistant City Manager —Development Services Approved for submission by: A //'V 1,4& -4� Thomas P. Genovese, City Manager Attachment: 1 . Draft 2009-2010 Economic Development Plan 377 ATTACHMENT Contents of Economic Development Plan "Policy" Document This document is organized as follows: iI Introduction ■ Rationale for this Economic Development Plan ■ Participants in Formulating and Implementing this Plan 21 Resources, Opportunities, Liabilities and Needs ■ Community Profile ■ Key Assets s Liabilities ■ Projected Market Demand ■ Projected City/Redevelopment Agency Financial Resources for Economic Development ■ City/Agency Real Estate Assets ■ Infrastructure Needs/City Capital Improvement Program s) Business Plan Mission Statement Implementation Policies Fiscal Year 002 8-2009 Accom_plis_hments_ a) Highway 111 Corridor b) The Village c) Annexation Feasibility d) ResortlHospitality Opportunities e) Housing f) Business Development g) SilverRock Resort Marketing h) Green and Sustainable La Quinta Program i) American Recovery and Reinvestment Plan 00�, 9-2010 Implementation Activities and Target Areas j) Highway 111 Corridor k) The Village 1) Annexation Feasibility m) Resort/Hospitality Opportunities n) Recreation Opportunities o) Housing p) Business Development q) SilverRock Resort Marketing r) Green and Sustainable La Quinta Program s) American Recovery and Reinvestment Plan Deleted: 2007-08 Deleted: 2008-09 378 APPENDIX Exhibit A: City/Agency Real Estate Assets Map 379 Section l �I 2009-2010 Economic Development Plan Strategies and Tasks to Stimulate Private Investment in La Quinta The City of La Quinta is embarking on the Jourteenth year of implementing . economic development initiatives. To date the City's efforts have yielded major retailers, upscale restaurants, a Homewood Suites and Embassy Suites, and the new resort and golf venues at SilverRock Resort. The focus for the coming fiscal year is Jour fold. The first jnvolves SilverRock Resort. The Redevelopment Agency will continue to implement and monitor the Disposition and Development Agreement that will lead to the development of a boutique hotel, a feature hotel and resort retail village. The Agency will also complete the design and initiate construction of the on -site infrastructure. The second entails monitoring retail activity In he City's three commercial districts (the Highway 111 corridor, the is Village, and SilverRock Resort) Jo ensure that the City's economic development. initiatives maximize the benefits to each district. The City will take a proactive ',' `•,' approach to business development and support local businesses. The fourth "i commitment to develop affordable workforce housing to ensure housing `•,', opportunities that support existing businesses and future business expansion. In +. facilitating workforce housing development the City will also be stimulall the' `•, local economy by generating construction activity The City's economic development efforts will continue to maintain a balance between securing quality revenue -generating development while preserving La Quinta's cultural and natural features. The goal is to insure that the short-term gain realized from achieving revenue -generating uses does not compromise the long-term necessity for quality development that withstands the test of time. Thus, the economic development initiatives presented in this Economic Development Plan center on attracting and enhancing revenue -generating enterprises supporting the local economy, and promoting tourism while protecting open space and environmental attributes as well as expanding recreation opportunities for La Quinta's residents. This Plan outlines a vision and direction for the City's economic development activities. It presents the mission statement, implementation policies, projected resources, and business plan the City and the La Quinta Redevelopment Agency will follow to sustain a comprehensive economic development effort. CITY OF LA QUINTA �Uiarch 17 2009 ECONOMIC DEVELOPMENT PLAN celetea: xooe-oe __� Deleted:thit..Mh LUeleted: Me {Deleted: two _J Deleted: APn115, 2009 380 INTRODUCTION PAGE 2 Rationale for this Economic Development Plan The economic development process is the deliberate, judicious intervention in the local economy to foster a business climate that facilitates private investment. This process is neither exact nor fully predictable, and is more of an art than a science. Economic development is a dynamic, ever changing endeavor because it must constantly accommodate the evolving characteristics of the market place. Thus, the City annually reviews and updates this Plan to ensure that it reflects and responds to current market conditions, and equally as important, the community's collective vision as to how to accommodate these conditions. Finally, this enterprise parallels the activities associated with building a city; thus this Plan embraces a long-term vision rather than a short-term perspective. In 1996, the City of La Quinta adopted the first Economic Development Plan that defined the community's desires for future development, and presented a business plan to guide the City's economic development initiatives. The City then embarked on a planned, pro -active economic development effort for the following reasons: Capture Forecasted Growth for the Coachella Valley A variety of market studies forecast continued growth for the Coachella Valley during the next decade. This is demonstrated by the new major retailers that have located along the Highway 111 corridor during the past year. Due to its prime location and the expanding population of the Eastern Central Coachella Valley the City is positioned to capture a sizable portion of the projected commercial, resort, and residential development through the business expansion and recruitment efforts delineated in this Economic Development Plan. Balance Municipal Revenue and Expenditure Needs The City's primary revenue resources are transient occupancy and sales taxes. During Fiscal Year 0� 08-09 these revenues comprised 33°/a of the City's total General Fund revenue; sales tax revenue income generated approximately of total General Fund revenue and transient occupancy tax revenue will generate approximately 13% of total General Fund revenue. Secondary resources are licenselpermit fees and property tax revenue. A majority of the City's property tax revenue, however, is allocated to the Redevelopment Agency. Approximately 80% of the land area within the City's corporate boundaries Is in one of two redevelopment project areas. Combined, these resources maintain existing and provide new services to La Quinta's residential and business communities. Resort and commercial development generates a majority of the municipal revenues received by the City. _. Deleted: 2007-08 .. Deleted: 34% Deleted: 21% CITY OF LA QUINTA March 17 2003 ECONOMIC DEVELOPMENT PLAN,,' Deleted: Apfil 15, 2008 331 INTRODUCTION PAGE 3 The City and Redevelopment Agency must continue to enlarge the City's revenue base in order to enhance and expand the quality of municipal services La Quinta residents expect. Judiciously Allocate Municipal Resources Like any business, the City continually balances the allocation of financial resources between service costs and infrastructure investment. To prudently accomplish this task, the City annually implements a comprehensive strategic planning effort that meshes this Economic Development Plan with a Five -Year Municipal Service Resource Allocation Plan, a Five -Year Capital Improvement Program, Annual City/Agency Financial Management Strategies, and Annual City/Agency Operating Budgets. This strategic planning effort is focused on and designed to insure that the City has financial resources to provide future municipal services, and address future infrastructure and public facility needs. This Economic Development Plan identifies economic development investment strategies and initiatives that are subsequently funded through the annual City/Redevelopment Agency Capital and Operations budgets. Participants in Formulating and Implementing this Plan This Economic Development Plan delineates initiatives that implement the community's vision of its desired destiny. It outlines policies, activities, and resources the City will pledge to guide and/or influence future development decisions. Thus, the primary participants in formulating and implementing this Plan are the residential and business communities that define La Quinta. When first developed, the City sponsored a series of community forums to solicit community input. The City continues to consult with these communities during the Plan's implementation phases. For example, the City solicited input from residents regarding desired businesses in La Quinta, and involved them in the development of a Community Services Master Plan. The City Council governs the formulation and implementation of this Plan. Council Members bring forth constituent ideas and needs, and assist with defining the issues, mission, strategy, and overall policies that guide implementation efforts. Finally, City staff plays a strategic role in this endeavor. Staff is charged with the responsibility to monitor market conditions, solicit community input, interface with existing and new users, implement programs and initiatives, and monitor achieved results. CITY OF LA QUINTA March 17 2009. ECONOMIC DEVELOPMENT PLAN % Deleted: APH 15, 2008 382 Section Deleted:2008-08 2009-2010 Economic Development Plan Strategies and Tasks to Stimulate Private Investment in La Quinta This section presents the background data that was used in developing the Business Plan presented in Section 3; it includes a summary of key assets, presents an overview of projected market demand, delineates projected City/Agency resources, and outlines infrastructure needs. Community Profile The City of La Quinta is located in the Eastern Central Coachella Valley; Indian Wells and Palm Desert border the City to the west. Indio to the east, and unincorporated communities to the north and south. Located _ approximately two miles south of Interstate 10, primary access is vial lighway-_.- Deleted: state 111, Washington Street, and Jefferson Street. Per the State of California was 42 958. - Deleted:2007 Department of Finance, the City's 28 estimated population "Demographic Per Wheeler's 00� 8/2009 Edition of Profiles of the Coachella I Del d:41,092 _ Valley," La Quinta has a median household income of,$74,683 representing `—{Deleted_200n200e an increase of 10% over 2007/2008. Only Indian Wells and Rancho Mirage (Deleted: $67,754 had higher median household incomes. In the context of the Coachella Valley, La Quinta also enjoys an emerging population of new families with an average household size of 2.85 persons; 64% of La Quinta's population is under 44 years of age (the median age is 36.4), and persons over the age of 65, historically the most recognized age group in the Valley, comprise only 13.4% of La Quinta's population. Claritas Incorporated, a demographic research firm, estimates that 166,084 persons live within a five mile radius of La Quinta, 262,336 live within a 10 mile radius, and 342,782 live within a 15 mile radius. Within the same geographical areas, the estimated average household income was $77,262, $76,331, and $73,402, respectively. During __ ___� [13eiered:2006 2007, total taxable sales within the City of La Quinta were $826.48 million '' representing an increase of 96% from 2006. Recent data provided by COW. ud:$754maeon average of $802 680 The strong La Quinta sales average indicates that the Deleted: Apnl 15, 2009 CITY OF LA QUINTA ,.March 17 2009 ECONOMIC DEVELOPMENT PLAN,' 3B RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 5 Glt s retail enter rases oorlwidre WiV icwu a 110 --- I--,— according to the, verside County Assessor, the City's assessed valuation for _ _ _ _ _ _l Deleted: City of La Qunita's 2007 1 ensrve Annual Financial 00 08-09 is 12 5 billion which represents a 4 6% Increase trom 2bb%-u and Report Report s the second highest in the Coachella Valley. Deleted:2007 Deleted: was $11.9 hilion__ C- Key Assets Review of the City's physical characteristics and discussions with the residential and business communities identify the following key community assets: is an educated, dedicated, and highly motivated residential and business community that share a long history of working in concert to provide a stable environment that supports economic development efforts; • an international reputation for resort and golf amenities resulting from the La Quinta Resort & Club, PGA West, Rancho La Quinta, The Tradition, The Quarry, The Hideaway, Madison Club, Griffin Ranch, La Quinta Country Club, and SilverRock Resort; • the City hosts renowned golf tournaments such as the Bob Hope Chrysler Classic, which has helped earn it the title of "America's Ultimate Golfing Destination' by the acclaimed Robb Report; is the Highway 111 commercial corridor, which is nearing build -out, features a few prime vacant properties of sufficient size to accommodate development that will serve the Eastern Coachella Valley and will generate significant financial returns for both the City and Agency; • a market area with one of the highest per capita incomes in the Coachella Valley; • the Village of La Quinta, a commercial center nestled in the Santa Rosa Mountains, that offers a setting that is unparalleled in the Coachella Valley; • La Quinta's commerce, art and cultural heritage as represented by the La Quinta Chamber of Commerce, La Quinta Arts Foundation and La Quinta Historical Society, that supports art and cultural activities attracting patrons from California and the greater southwest; • the 525 acre Agency -owned SilverRock Resort golf and resort property, home to the Arnold Palmer Classic Course which Golf Magazine selected as one of the "top ten new golf courses that you can play," and which hosted itsSecond ._ Deleted: first Bob Hope Chrysler Classic in January;_ _ Deleted; 2008 • a 20,000 square -foot, state-of-the-art public library and a newly expanded 8,400 square -foot museum which offer educational and cultural resources; Deleted: April 15, 2008 CITY OF LA QUINTA March 17,200 ECONOMIC DEVELOPMENT PLAN 384 RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 6 • the Lake Cahuilla Recreation Area which provides water sport and other outdoor recreation opportunities; • ,historically steady residential development and sales activity which generated Deleted: continues a significant number of new households to support retail, recreation, and service commercial users; • a highly motivated City workforce that understands the needs of the business community and the need to process required City approvals within a short time frame; • resources that the City/Agency can dedicate to economic development investment; and • availability of professional and medical office space including the addition of the Eisenhower Medical Center facility at Washington Street and Seeley Drive. Liabilities Though the assets far outweigh the liabilities, there are limitations that the City must account for when implementing its economic development initiatives; these include the following: • competition between Coachella Valley communities to provide financial incentives to major developers and users, which significantly influence their location decisions; • competition for golf and resort patrons with other Coachella Valley cities who are improving their public golf amenities in order to attract new, and expand existing, resort and hotel uses; • evolving retailing trends that render existing retail centers obsolete while potentially decreasing the need for new retail centers; and Projected Market Demand In April 2006, the Agency commissioned Economic Research Associates (ERA) to conduct a market study (Overview Analysis of Market Opportunities April 2006) to assess near- and mid-term trends that will influence economic development efforts. The Market Study specifically focuses on market conditions and development opportunities within the City's main commercial corridors (Highway 111, The Village, and SilverRock Resort) and within the Sphere of Influence area_This document is on file with the City of La Quinta. In lieu of another comprehensive market study, a refined market analysis will be CITY OF LA QUINTA March 17,200 ECONOMIC DEVELOPMENT PLAN Deleted: ¶ In April 2006, Deleted: ERA's study, _ Deleted: was commissioned to conduct an Deleted: Overview Analysis Or u Market Opportunibes, Deleted: Apra 15, 2006 385 RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 7 considered jn the future to shed light on the next generation of consumers and Deleted: for Fiscalyearzooe-zoos which businesses La Quinta should target. Projected City/Redevelopment Agency Financial Resources for Economic Development As part of its ongoing resource management effort, the City annually evaluates City/Redevelopment Agency financial resources and identifies those resources that can be pledged to economic development initiatives. During development of _ — _- the 00, 9-2010 Fiscal Year Budget staff will specifically identify funds available for � ered: zooa o9 economic development initiatives. These funds are basically one-time resources that will most likely not be renewed when expended. City/Agency Real Estate Assets Since 1983, the City and Redevelopment Agency have accumulated real estate assets as a result of major infrastructure projects or as part of the Agency's affordable housing efforts. Exhibit A, in the Appendix of this Plan, presents a map of the real estate assets owned by the City or Redevelopment Agency. City/Redevelopment Agency real estate assets currently available for economic development include SilverRock Resort, owned by the Redevelopment Agency, the City's holdings located at the top of the Cove, and several properties in the La Quinta Village including a municipal parking lot and property adjoining the La Quinta Community Center and Park. Infrastructure Needs/City Capital improvement Program As part of the annual strategic planning effort the City conducts a comprehensive review of the community's infrastructure needs. The City then addresses these needs through the Five -Year Capital Improvement Program. This Program identifies both current year and projected five-year capital improvement needs and resources, and delineates an annual funding schedule for specific infrastructure projects. This Economic Development Plan is integrated with the Capital Improvement Program (CIP) to ensure that the infrastructure impediments to specific economic development projects are addressed, or where possible, economic development project implementation activities mitigate site -speck capital improvement needs. Capital Improvement Projects provide jobs and help the economy Completion of these orolects help ensure the City can accommodate current and future traffic Notable CIP projects include: SilverRock Resort Infrastructure, SilverRock Resort Clubhouse Desigm VIlage Signage Program; Village/Cove Are Fire Station City CITY OF LA QUINTA March 17 2002 ECONOMIC DEVELOPMENT PLAN,' Deleted: e, and Second Gaff Course; l__ Deleted: Enhanced Pedestnan crossings in Village, Phase II Highway 111 Improvements, Deleted: April 15, 2008 386 RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 8 Avenue 50 Bridge Improvements Golf Cart Program; Sports Complex; wand celetedAaems Street Bridge, various traffic signals. $28 7 million in economic growth. CITY OF LA QUINTA i March 17 200Y ECONOMIC DEVELOPMENT PLAN Deleted: April 15, 200a 387 Section 2009-2010 Economic Development Plan Strategies and Tasks to Stimulate Private Investment in La Quinta In order to proceed with implementation activities, a business plan is required that presents a mission statement describing the intended outcome the community wishes to achieve, and the overall policies that will guide implementation activities. Finally, specific target areas and implementation efforts are detailed. Mission Statement The mission statement formulated for this economic development effort is as follows: The mission of the Economic Development effort is to actively support the development and expansion of existing businesses, and to proactively recruit sustainable revenue - generating uses that diversify and expand the City's economic base, offer a variety of products and services, increase employment opportunities, enhance City/Agency fiscal resources, preserve and enhance La Quinta's unique environment, and contribute to the quality of life for La Quints residents. implementation Policies The following policies guide the City's Economic Development implementation efforts. They address resource and staffing commitments, annexation strategies, use of City assets, and refinement of City processes. These policies guide City staff as they pursue implementation initiatives. Active Participation in Economic Development The City will actively implement economic development initiatives by committing resources to market development opportunities through direct contact with property owners, commercial and industrial enterprises, resort and lodging operators, developers, and the business community. CITY OF LA QUINTA JIVarch 17 2009 ECONOMIC DEVELOPMENT PLAN,' Delete0: 2008- -- D:WWd: Apn115, 2008 338 BUSINESS PLAN PAGE 10 Financial Resources Commitment The City and Redevelopment Agency will annually dedicate funds to support economic development and infrastructure improvement activities. Business Development Support existing La Quinta businesses through a variety of economic development and marketing efforts. A specific objective will involve attracting more people to The Village at La Quinta in an effort to support the businesses located in this section of the City. Economic Base Diversification Emphasis will be placed on pursuing opportunities that will dynamically enhance and diversify La Quinta's economic base to include a balance of retail, recreation, and resort uses. City/Agency Private Project Investment City/Redevelopment Agency financial investment will be primarily limited to underwriting infrastructure and municipal fee costs, obtaining operating and use covenants, and rehabilitating/refurbishing older commercial structures and centers for projects that enhance overall City development and growth. Assisted projects will be considered on a rase -by -case basis and must feature enhanced design and landscaping amenities, and enhanced building and site maintenance requirements to insure these amenities are maintained for the life of the development. City/Agency Return on Investment When considering City/Redevelopment Agency investment in commercial, resort or office development projects, the City/Redevelopment Agency must achieve a 10% to 15% return on the City/Agency investment by the fifth year of operation. Development generated revenue included in this analysis is sales tax, transient occupancy tax and property tax revenue; City development permit and impact fee revenue may not be included as development project revenue. Further, City service costs must first be deducted from development generated revenue. The City/Redevelopment Agency investment should be fully repaid within a ten-year period, with every attempt to achieve repayment within a five to eight -year period. Private Project Investment - Financial Need For commercial, industrial, office or resort development projects that request City/Redevelopment Agency financial investment, the City/Redevelopment Agency must find that off -site infrastructure improvement costs, municipal fee costs, and/or development or rehabilitation costs are so excessive that the project CITY OF LA QUINTA March 17 2009. ECONOMIC DEVELOPMENT PLAN j Deleted: April 15, 2008 389 BUSINESS PLAN PAGE 11 warrants public investment to underwrite some of these costs in order to generate sufficient returns to attract private investment. Further, if City/Redevelopment Agency financial investment is targeted towards obtaining operating and use covenants, the City/Redevelopment Agency must find that the desired user achieves the City/Agency Return on Investment parameters described above and generates additional employment, retail and/or recreation opportunities for La Quinta residents. Reuse of Vacant Commercial Facilities The City/Redevelopment Agency will proactively work to ensure the reuse of commercial facilities that remain vacant for six months or more. These activities will include working with property owners and tenants to identify reuse opportunities, identify site and building improvement needs, and facilitate user/developer recruitment efforts. Land Use Planning In order to maintain, protect, and enhance municipal fiscal balance the City should carefully evaluate the fiscal effect of land use planning. A key issue facing the City is conversion of Tourist Commercial Zoning to Residential and Resort Residential land uses. Prior to consideration of any request to convert land uses a detailed fiscal analysis and fiscal mitigation program shall be required. Highway 111 Corridor In order to enhance commercial opportunities the City/Redevelopment Agency has secured two major retail anchors for the east end of this corridor. In doing so, this corridor will have major demand generating anchors located in the corridor's west, middle and eastern sectors. The City/Redevelopment Agency will work on filling remaining vacant parcels and assisting property owners with rehabilitating/ redeveloping older, obsolete retail centers and continued investment in roadway improvements Environmental Compatibility In order to maintain, protect and enhance La Quinta's unique physical environment, all new development projects will be reviewed with added emphasis on their compatibility with their environmental setting to insure preservation of La Quinta's unique natural desert and mountain landscape. Regional Transportation Opportunities The City will pursue joint efforts with regional agencies that facilitate the expansion of rail and air transportation services, including the Jacqueline Cochran Regional Airport, to support the transportation needs of La Quinta's resort, commercial, residential, and other uses. CITY OF LA QUINTA March 17 2003 ECONOMIC DEVELOPMENT PLAN,' M1.t.d- April 15, 2008 W 390 BUSINESS PLAN PAGE 12 Annexation Opportunities The City may pursue annexation opportunities, as requested, that are economically sustainable, enhance the City's economic future, provide workforce affordable housing opportunities, and protect environmentally sensitive areas that are crucial to the La Quinta experience. These will include properties that expand resort and golf course development opportunities, accommodate commercial, industrial, and transportation uses, protect environmentally sensitive areas, scenic vistas, enhance equestrian opportunities, and provide for a variety of housing types. The City will also review potential impacts on current residents and seek ways to mitigate impacts, if they exist. Prior to any annexations in Planning Areas 1 and 2 a detailed fiscal analysis and Plan for Services shall be required. Future annexations should be revenue -neutral or positive to ensure long-term fiscal balance. Municipal Properties The City will pursue the timely sale and/or development of all City/Agency-owned surplus property with uses that maintain, protect and enhance the environment while achieving a return on the initial City/Agency investment. Recreation Opportunities The City is seeking out property to the east for additional sports fields The City will continue to explore recreational opportunities and develop recreational uses for residents and visitors to enjoy. Areas of particular emphasis will include golf, trail improvements, a regional trail system, parks, health and fitness programs as well as arts, cultural and educational experiences. The City will encourage alternative transportation and healthy lifestyles. Efforts will be made to develop a comprehensive trail system that links the recreation amenities at Lake Cahuilla and in the Santa Rosa Mountains with the City's residential and resort communities. The City will continue its participation in regional planning efforts to complete a trail system between La Quinta and Palm Desert. Desert Recreation the White Water Channel. The Cityhas completed with the assistance trom the _ Coachella Valley Community Trails Alliance (CVCTA),a trails plan for the top of . the Cove which Includes improved trail identification signage and trail maps for Streetseape Improvements Future major arterial streetscape and median improvements will be designed to impart a sense of place and a feeling unique only to La Quinta so residents, visitors and other travelers will experience a sense of arriving at a special destination when traveling to, or through La Quinta. Highway 111 median CITY OF LA QUINTA March 17 2009. ECONOMIC DEVELOPMENT PLAN ;' Deleted: will work _ _1 Deleted: to develop Deleted: Coachella Valley Recreation and Park District (CVRPD Deleted: Desert Recreation District is conducting a feasibility study of a dual purpose trail along the bank of the While Water Channel _� Deleted: April 15, 2008 391 BUSINESS PLAN PAGE 13 landscaping improvements will be made in 002 9-2010, and an entry statement Deleted:2ooe-200s will be designed for the City's western entrance. Highway 111 Corridor Land Use Diversification The City will encourage the development of commercial, service commercial, office, lodging, theater, and light industrial uses within the Highway 111 Corridor to diversify the community's economic base. Staff Development City staff will continually work to refine and improve their skills as they relate to fulfilling the mission of the Economic Development Plan and program while reinforcing the perspective that the City's economic survival depends on City staffs ability to serve the public in a courteous, efficient and knowledgeable manner. Deleted: Education¶ The City recognizes the value of enhancing educational opportunities in the Coachella Valley, and therefore, has supported efforts to expand the Cal'domia State Umversity, San Bernardino — Palm Desert Campus via a total contribution of $1,000,000. with a third installment of $250,000 paid this Prepare New and Update Existing Information Documents On an ongoing basis, City staff will prepare new, and update existing, promotional and community information documents for circulation to potential users and developers. Focus will be on documents providing socio-economic data as well as commercial activity reports and public information pieces. -CDeleted: 2007-08 Fiscal Year 2008,200909 Accomplishments . Deleted: 2007-OB The Business Plan presented in the�08-2009 Economic Development Plan identified_ _ ' .roeiecea:2008 specific target areas and activities to accomplish during the fiscal year. The following .. Deleted: superwel- non, coatoo, M.'t. Cthe summarizes the accomplishments by target area, as of March.2009. end Sam's Club now City with three main retail anchors that provide added revenue, employment Highway 111 Corridor ; oPPortunNes as well as convenient shopping The ainvaI of Cost Plus Highway 111 Commercial Corridor. Several national retailers and restaurants World Market, Goodw 11, Abbey Flooring. Union Bank of California, joined Costco in the Komar Desert Center, including Mlmi's Cafe SOuplantatlgn and various speuaky clothing stores also enhanced the consumer and BevMc, and local retailers and service providers are leasing the adjacent In- ; experience in La ouinta. Avariety of line shops New businesses have opened or are scheduled to open along the new dining options recently opened include Parent Bread, Chipotle Highway 111 Corridor, such as the Tea House & Wine Bar La Posada Mexican Grill, Tortilla Express,Z Restaurant Toda Moda Rockln' Bala Coastal Cantina .and many others. Circuit Pizza, cost, Pon of Subs, Pick Up Stir, Wenerchnnzel, Juice It up, City, located in Washington Square is closinghowever, another national retailer ., coffee Bean area Leaf, and Just is already on tap to expand and move into the space I Java coffee — FDeleted: Jiffy Lube, Coachella Valley ,Auto Center. City and the Redevelopment Agency staff will continue working on Beauty college, — — — Deleted:I retention, expansion, and recruitment of auto franchises in the existing Auto Auto Dealer Relentlon/Expansion. Center and other Highway 111 properties. To date, several opportunities are City staff has been working with the is actively working on an agreement to currently being investigated and the City is of Torte Nissan to facilitate dealership expansion, which will allow locate a new dealership to the Agency's Highway 111/Dune Palms property. them tostay attheir Laouintaske.t 1 Deleted: Apnl 15. 2008 CITY OF LA QUiN TA March 17 2009- ECONOMIC DEVELOPMENT PLAN 39% BUSINESS PLAN PAGE 14 Washington Street Corridor Miles/Washington Property. ,Applebee's Restaurant opened in 2008 space for community education programs mammography center, and physician offices. The Village New Development. B new retail center Is uneer construction at the nuuneast Village Events.._ Focused on bringing more people into the Village by hosting events throughout the Village. Resort/Hospitality Opportunities SilverRock Resort. The Agency continues to work with Lowe Enterprises to implement a Disposition and Development Agreement that facilitates the sale and/or lease of nearly 61 acres to Lowe Enterprises for development of a boutiaue hotel, resort hotel, casitas units, resort retail, and a black box CITY OF LA QUINTA March 17 2009. ECONOMIC DEVELOPMENT PLAN,' Deleted: The City's third hotel, Homewood Suites containing 129 rooms, received then certificate of Occupancy in Jury 2007 There are also 40 casitas units that have been recently constructed Deleted: Parking Study r Deleted: parking capacity and location study that evaluated existing and future conditions. It will be used to monitor parking in the future and assist the City in making CIP and management decisions based upon industry standards. The study concluded there Is sufficient parking in the Village for current land uses and development patterns Semi- annual surveys are suggested as a method to maintain a sound understanding of future parking and related management Conditions. The City Counal also directed staff to look at pedestrian -friendly street crossings, intersections and pedestrian network within the Village and surrounding neighborhoods Deleted: Plaza Estado which w contains retail and office space was completed In early 2008, and Phase II of Old Town has opened. New office and retail space is available Additionally, Casa La Quints, a 20- unit luxury condominium project has commenced grading activity Deleted: Annexation Feasibility) Annexa8on. Continue to workwdh interested property owners on evaluating the costs and benefits of annexations. The City has prepared a range of fiscal models that have been utilized to evaluate overall SOI fiscal conditions as well as evaluate specific annexation proposals and development projects. The City has participated in Riverside County Vista Santa Rosa Task Force meetings. The City has yet to complete a strategic land use plan for the Vista Santa Rosa Sol area (as the County of Riverside defines a new land use plan for this area) Deleted: monitor and Deleted: Lowe Enterprises is currently designing the Boutique Hotel, called "La Solana at Sllvedtock' and has established an on-sde sales center. They have also begun preirmnary design studies for the Resort Hotel Deleted: Apfll 15. 2008 393 BUSINESS PLAN PAGE 15 more in known about the canal relocation then infrastructure design will resume and construction will commence Bob Hope Chrysler Classic. The Bob Hope Chrysler Classic was once again held at the Arnold Palmer Classic Course in January 2009.- Feedback from the Hope Classic, pro and celebrity players, and spectators was very Housing La Quinta Rental Housing Program. The Agency sold one home to an existing tenant who could qualify for a first trust deed mortgage and who saved funds for a down payment and closing costs. This sale was to a very low-income household. Vista Dunes Courtyard Homes. dedicated and the first residents me cutting edge design and sustainabl the development received LEED P of Excellence from the California r design_ Wolff Waters Apartments. This, completed the complex is slated meet workforce housing needs tY certification , Washington Street Apartments. apartment complex in December 2 The Agency purchased She 73 unit an adjoining 6.8 acre vacant parcel, _ Deleted: 2006 1 __ Deleted: National Community Renaissance of Caldomia (CORE) was selected 10 purchase the completed development and operate this housing complex. _ Deleted: CORE secured 4%tax credit financing to fund some of the I development costs__ _ zHousingCoafiftion d: All 80 di(CVHC) are slated in Leadershvironmental inergy Desig) gold or jm certificatipril 2008 st very low-iresidents moving untomplex in 008. _ ed: In Marcthe Agency ded an affohousing iment wfth thella Valley ng Coalfllon) that facilitates development of up to 218 apartment unitson 16 3 acres of this 27 75 acre property CVHC secured 4%tax Credit, State MultFfamily h Housing Program and Riverside County Affordable Housing Program funding to supplement Agency financing. The development has started construction and is expected to open in December 2009 l Deleted: New Property Acquisition Deleted: has completed two property Deleted: efforts The first involves a ;nlOf Deleted: located on Washington Itles Street, north of Darby Road The the properties have been annexed into for the City and property rehabilitation i and new development site planning and programming efforts are - - underway Deleted:Apnl 15, 2008 CITYOFLAQUINTA March 17 2009. ECONOMIC DEVELOPMENT PLAN 394 BUSINESS PLAN PAGE 16 Dune Palms Road — North. The Agency has been assembling a 5.12 acre site on Dune Palms Road, southeast of Westward Ho Drive comprised of six parcels of which five were developed with older single-family homes that will be displaced when Dune Palms Road is widened. Since these homes are on large deep lots, the Agency elected to initiate acquisition prior to the City's road widening efforts so that the remaining land may de developed with affordable housing. To date, the Agency has acquired and demolished improvements on five of the six properties. Staff anticipates that an Deleted: Discuaaiona conanue wdh acquisition and relocation settlement with the final owner will be scheduled for theeu h property owner.whodeaires to sell Nm home when they find a Anpnry Rnard consideration In ADnI 2009. sud.ble replacement dwelling Highway 111/Dune Palms Road — South. The Agency purchased a 19.9 acre property located on Highway 111, east of Dune Palms Road that will accommodate multi -family affordable dwellings. Site planning and disposition and development agreement negotiations are underway to facilitate affordable housing development on 9.0 acres, and commercial/auto dealer development on 9.0 acres. The remaining acreage will be developed with a roadway that provides access from the Costco Center to Dune Palms Road. Business Development Chamber of Commerce. The City's annual agreement with the La Quinta Chamber provided support for a variety of business retention and support services, including: networking opportunities, BizNet Symposium and Expo, an annual business directory, mentoring and outreach programs, and business assistance programs. The Chamber hosted Its second annual car show, which brought people into the Village. The Chamber also provided advertising opportunities for and information on local businesses via: the Gem newsletter You Tube videosand on its website. The Chamber promoted celeted: an us[ ity map. City businesses and attractions through its Visitor's Center as well. City of La Quinta Marketing Plan. The City implements business support activities via its annual Marketing Plan. Accomplishments for Fiscal Year 00� include: trade show/special event participation (International celeted:zooT-sooa Council of Shopping Centers, Association of Commercial Real Estate Executives Coachella Valley. Economic Partnership's annual event); print cetetea:. and BixNe ExpoB advertising featuring development accomplishments and "dine/shop" symposium messages (Palm Springs Life advertorial,,Bob Hope Chrysler Classic pairings celeted_Icsc pmgnam guide_ ) sheet;.spring ad campaign promoting community events along with a "Come ceieted:'shop/dine"and '°ometo to I n Ouinta" messaoe via The Desert Sun and Desert Entertainer); aowma La Quinta Arts Foundation to create a'Magic of the Arts" themed-village and radise pubh° television advertising via 30-second spots aired regionally and locally, ft)iele 8 rt_) CITY OF LA QUINTA March 17 2003 ECONOMIC DEVELOPMENT PLAN 395 BUSINESS PLAN PAGE 17 Additional accomplishments include_ Calendar quarterly, La Quinta newsletters Tor residents uiw ouwn — monthly City pages in the Chambers Gem publication and community services marketing (promotion of events and City facilities, monthly e-mail blasts. recreation brochures, and completion of a Jrails map)._ _ In addition, cooperative programs with the Palm Springs Desert Resort Communities Convention and Visitors Authority (CVA) La Quinta Village businesses and La Quinta hotels were executed all of which had the goal of attracting more visitors to stay, play, shop, and dine in La Quinta. The Village at La Quinta. Special emphasis has been placed on attracting residents and visitors to the La Quinta Village. Due to its location —removed from the high volume traffic of Highway 111—the Village is a special place the City wishes to encourage people to visit. Accomplishments in 00� 8-2009 include: special events (Bob Hope Chrysler Classic Certified Farmer's Market, La Quinta Arts Festival, Art Under the Umbrellas, Blues Brews & Bar- B-Clues, Open Air Cinema, adult egg hunt, City's birthday picnic, Chamber car show); placement of shop/dine/play street banners; esi n of directional signage, which involves unique and creative Village signage to lead people to the Village and define the area and cooperative advertising with La Quinta tournament. SilverRock Resort Marketing: Deletedaclrvdles _ Deleted_.tounsm efforts _- M¢l--ituart.dy -- CDeletis art and bike Deleted: 2007-2008 (Deleted wncerta on the lawn, Deleted: capdal prole;; (library and museum expanaton), work on Economic Development Project. As a City/Redevelopment project, SilverRock Resort continues to be a priority and high profile endeavor. Successful marketing efforts have yielded significant results in terms of _ _ golfers, tournaments, and special events The project will continue to be oeletea: and,. more race rtly. interest in real estate opportunities priority for the City/RDA as the potential for revenue generation is realized in -- the years to come. Arnold Palmer Classic Course. Play continues to increase every year at SilverRock and has reached 40,000 rounds per year. Marketing efforts are reaching thousands of golfers which, in turn, are spreading the word to friends and family about SilverRock being a magnificent place to play golf. Accomplishments in Fiscal Year 00� 8-2009 include: regional and national , �lered:zoo7-zoos advertising and promotions (local newspapers, golf and travel magazines, CITYOF LA QUINTA March 17 2003 ECONOMIC DEVELOPMENT PLAN,' Deleted: April 15, 2008 396 BUSINESS PLAN PAGE 18 regional directories, local television, radio programs, and rotating billboards); collateral material (rack cards, scorecards, and informational packets); community networking and trade shows (developed working relationships/engaged in cooperative efforts with La Quinta Chamber of Commerce, La Quinta Arts Festival, Trilogy, Embassy Suites, and the CVA); attended trade shows on golf, golf equipment and apparel, and recreation; internet and e-mail marketing (sent out e-mail blasts promoting golf, golf activities, and golf specials); secured SilverRock website link to BHCC website and golf wholesalers websites (e.g., Palmsprings.com, Golfnow.com, bhcc.com, mydesertsun.com, Yellowpages.com). Bob Hope Chrysler Classic. In January 2009, the Bob Hope Chrysler Deletea:zooe Classic was played for the e5 cond timg at the Arnold Palmer Classic Course Deleted: first _ __ at SilverRock. SilverRock received national exposure on The Golf Channel and was covered locally by CBS2, KMIR, KESQ and KNBC (via its Spotlight on the Desert program). Articles appeared in The Desert Sun, The Press - Enterprise, and the LA Times. Comments from the PGA pros were _very Deleted: Total attendance is estimated at 17,000 to 18,000 positive and patrons were impressed with the overall beauty and condition of (wednesdaythmugh Saturday). the course, Per Council request staff is compiling data regarding the Deleted:. Anew course record was l economic and community benefits the Bob Hope Chrysler Classic offers the set at S!NerR.ckbywinnerDJ J City of La Quinta. Trahan (Bit) AilverRock Resort Website. The www.mySilverRock.com website was originally created by Lowe Enterprises for La Solana at SilverRock as a teaser website to peak the interest of potential buyers. The website currently `. displays information on the City of La Quinta, the SilverRock Resort project, La Solana, and SilverRock golf. Jn the future, it is proposed to become the main portal for SilverRock Resort —featuring all the amenities offered at this ` resort destination. Green and Sustainable La Quinta Program: nnmmunity and encourage residents to reduce their carbon rootprint Oy Landscape Conversion program._Landscape conversions have been CITY OF LA QUINTA March 17 200fl ECONOMIC DEVELOPMENT PLAN,,' Deleted: La Solana Boutique Hotel. La Solana at SilverRock opened its sales center in January 2008 in order to capitalize an the synergy surrounding the Bob Hope Chrysler Classic La Solana has received hundreds of inquires to date from interested parties The City has been working with Lowe Enterprises an photography, messaging, perimeter signage, and on -see signage, and will explore opportunities for cooperative Deleted: (the strategies being considered will be part of the City Marketing Plan for Fiscal Year 2008- 2009)__-____—___- Deleted: Ultimately Deleted: April 15, 2008 397 BUSINESS PLAN PAGE 19 Deleted: ORcer residents have had energy efficiency audits conducted oy Imperial Irrigation diversion rate. Coachella Valley Water District The Coachella Valley Water District provides a variety of water conservation programs to its residential customers Including the Weather Based Irrigation Controllers (Smart Controllers) and the single family Landscape Conversion Program The Smart Controllers have Burrtec The City has parthered with Burrtec Waste and Recycling to develop nroarams which have also shown positive results including the "Share's" American Recovery and Reinvestment Plan: Federal Stimulus Package The City submitted shelf ready projects to federal legislators Congresswoman Mary Bono -Mack and Assemblyman _ Deleted_ADn115, 2008 _ CITY OF LA QUINTA March 17 2003 ECONOMIC DEVELOPMENT PLAN 398 BUSINESS PLAN PAGE 20 Manuel Perez to acquire Federal Stimulus funding_ The federal stimulus funds will invest In many programs including health care energy, Deleted:2009.09 --� 2009-2010 Implementation Activities and Target Areas The City's economic development initiatives have attracted major anchor retailers to the Highway 111 Corridor, developed the Arnold Palmer Classic golf course at SilverRock Resort, and secured negotiations with Lowe Enterprises to develop a boutique hotel, resort hotel, and a resort retail village at SilverRock Resort. During ?009T2010, the . 0eleted: 2008-09 Economic Development focus will entail: • Continue to implement Capital Improvement and Affordable Housing projects which will help maintain and create jobs and help stimulate the local economy. • Update the City's General Plan to include policies that will promote and encourage economic development consistent with this plan • Working with Highway 111 Corridor property owners to facilitate building and site reuse opportunities to accommodate evolving retail trends and the reuse and/or expansion of existing retail facilities and auto dealers. • Exploring opportunities to develop a mixed -use "lifestyle" center that combines entertainment venues with retail and residential uses, in the Highway 111 Corridor; • Implementing the development programs for the boutique hotel at SilverRock ._. Ueletedoand resort Resort; • Constructing SilverRock ResortPhase 2 infrastructure improvements -and d: builaingthepemanent— workinq with CVWD on the relocation of the All American Canal; use antl completingp elminary Edesignofthesewncigoffcourseat ock Resort • Exploring strategies to increase support for local businesses; • Working with local hoteliers and businesses to expand cooperative advertising programs in a variety of media (eg print Internet etc.) • Exploring strategies to attract more businesses, residents and visitors to the Village; and Deleted: Apnu 6, 2008 CITY OF LA QUINTA March 17 2003 ECONOMIC DEVELOPMENT PLAN % 399 BUSINESS PLAN PAGE 21 • Exploring opportunities to develop urban infill residential uses in or near the Village to increase demand for the commercial and office uses. The Redevelopment Agency's prime focuses at SilverRock Resort will be to: (1) work — Deleced:racndalethedaelopment of the boutique hotel closely with CVWD to facilitate the relocation of the All American Canal; (2) to construct _-- the infrastructure improvements; (3) capitalize on the Bob Hope Classic which Is taking Deleted: to complete the design ..W,as and commence construction place entirely in La Quinta In 2010, and (41 continue to work on implementation of the [or the permanent clubhouse DDA with Lowe Enterprises. celeted: complete prelimma y design of the second golf course Another Agency focus will be to generate opportunities to facilitate urban infill development in and adjacent to the Village. Market research and discussions with the development community indicate that the current land values combined with current parking requirements limit the economic feasibility of development. The Agency may need to address this potential imbalance by facilitating land purchase and sale transactions, and by working with the City to explore on- and off -site parking alternatives. During the past 14 years, the City's economic development efforts have generated a - Deleted: 13 majority of the retail uses that populate the Highway 111 Corridor. This effort established the Corridor as a prime regional retail center. However, La Quinta residents have voiced the desire to have new pedestrian oriented entertainment venues in La Quinta. Given the regional draw of the Highway 111 Corridor, locating a mixed use lifestyle center in the Corridor would be appropriate. A lifestyle center typically includes restaurants, coffeehouses, bookstores, a health club, and urban residential uses. However, the limited vacant land opportunities within the Corridor may limit the City's opportunities. An equally important City economic development initiative involves planning for future retail development to serve future growth in Sphere of Influence Planning Areas 1 and 2. Initial development and population projections indicate that these Planning Areas may accommodate from 60,000 to 99,900 residents.' Given the distant location from the existing commercial centers within the City, 500,000 to 600,000 leasable square feet of local -serving commercial development could be supported in this area at buildout. As part of the City's annexation strategic planning activities slated for 2008-2009 that will focus on Planning Areas 1 and 2, additional analysis of the retail potential will be conducted. Further, given the residential emphasis of the current land use policies that govern development in these Planning Areas combined with the fact that a majority of this property is located in a Redevelopment Project Area under the jurisdiction of Riverside County, the City would gain limited operations revenue from annexing this area. As part of the City's strategic planning effort, new revenue sources must be identified to insure that municipal service costs associated with these Planning Areas are funded by municipal revenues generated within these Planning Areas. ' These numbers, derived from the 2006 Market Study and General Plan, include all areas In Planning Areas 1 and 2, not just the Sphere of Influence Deleted: Apnl 15, 2008 CITY OF LA OUINTA March 17 2003 _ ECONOMIC DEVELOPMENT PLAN 4J0 BUSINESS PLAN PAGE 22 Highway 171 Corridor Activities to Accomplish in • Continue to market Highway 111 Corridor ,{_oel dd: sooe-W ] 00� 9-2010: _development opportunities" to - retail, hospitality and family restaurant/ entertainment developers and operators in conjunction with property owners. • Market Highway 111 Corridor development opportunities to auto dealers, and assist with retention and expansion efforts. • Explore and assist in the facilitation of building and site reuse opportunities to accommodate evolving retail trends and the reuse and/or expansion of existing retail facilities. • Explore opportunities to locate a mixed -use "9ifestyle" center that combines entertainment venues with retail and residential uses in the Highway 111 Corridor Washington Street Corridor Activities to Accomplish in • Work with Centre Pointe Development and I cereced:2ooe_os 02 9-2010: adjoining property owners to draft a new — — land use plan for the undeveloped segments of this property not owned by Eisenhower Medical Center. • Facilitate development process for May Villa Caprl on Washington and Fred Waring. • Facilitate development of remaining prope ty within the Washington Square center. The Village Activities to Accomplish in Implement the Village Signage program contained within the 2007-2008 Capital Deleted: April 15. 2008 CITY OF LA QUINTA March 17 2003 ECONOMIC DEVELOPMENT PLAN,' .. 4:J1 BUSINESS PLAN PAGE 23 Deleted: 2008-09 OOZ 9; 2010: Improvement program to guide patrons to Village businesses. • Explore opportunities to develop urban infill residential uses in and near the Village to increase demand for the commercial and office uses. • Continue to explore commercial retail development opportunities. • Review and where deemed necessary update the Village Design Guidelines, General Plan policies and Zoning Code Regulations to Lxomote and encourage a Deleted: and develop a strategic mixture of pedestrian friendly retail service plan specdkalry for he Village area. J and residential land uses. • Continue to implement and facilitate DP. eletes: Continue monitoring events that bring people into the Village. that ide wy cume and location studies that identify wrtent and future parking demand, and the means and •. - - .. locations to accommodate future parking demands Resort/Hospitality Opportunities Deleted: Annexation Feasibility Activdies to Accomplish in 2008�- 092009-10' __ ... II Activities to Accomplish in Continue to work with Lowe Enterprises to Deleted:2008-09 00� 9-2010: implement _ ,the ... P --Dis osition --. ,and "---- Deletetl: and monitor _ Development Agreement and Development —_�- Agreement for the boutique hotel, Deleted: with Lowe Enterprises • Solicit proposals from landowners .and developers to jointly develop additional resort and hospitality uses throughout the City. • Continue cooperative program with La Quinta hotels, Recreation Opportunities Activities to Accomplish in • Jmplement completed Community 00�9-2010: Services Master Plan. • Continue to work on trails plans for the top of the Cove and the White Water Channel. CITY OF LA QUINTA March 17 2003 ECONOMIC DEVELOPMENT PLAN,' d Deleted: , resort hotel, casitas, an retail development within SilverRock Resort Deleted: <#>Coordinate and facildale the development process for the boutique hotel at SilverRock Deleted: on Time Warner Cable's Journey TV (on demand travel channel) _-_ _ Deleted: • Complete the site planning and factlNes desgn processes for the permanent GubhOuse¶ Q6 Start wnslmction on the permanent clubhouse.¶ Qb Complete preliminary design of the second go# course.T Deleted: 2008-09 Deleted: April 15, 2009� BUSINESS PLAN PAGE 24 • Explore land acquisition opportunities to provide additional park facilities. • Design and build two Dog Parks In the City. • Continue with the Golf Cart Plan — Phase one will focus on connecting the La Quinta ResortSilverRock Resort and the Village. Housing Formatted: Bullets and Numbenng Activities to Accomplish in • Conclude an affordable housing agreement Deleted: zoos-og 002 9-2010: with the Shovlin Companies -and complete site tanning activities for the Highway 111 and Dune Palms Road property. • Initiate and complete the rehabilitation and new development planning activities for Washington Street Apartments. ­Complete the Proiect Area No 2 amendment that will add the apartment complex and adjacent vacant Dropertv to Redevelopment Proiect Area No. 2 , • Purchase additional property" for future affordable housing development. • Complete site planning activities fo t� he Dun_ e Palms Road/Westward Ho properties. • Jdentify rehabilitation and/or redevelopment opportunities "involving existing multi -family residential units. • Identify bank -owned foreclosed homes that are in need of substantial rehabilitation; initiate purchase and substantial rehabilitation activities. • Monitor the ease -up of the Coachella Valley Housing Coalition (CVHC) affordable workforce multi -family housing. Deleted: Monitor CORE's lease -up activities at the Vista Dunes Courtyard Homes. Pursue green building and smart affordable housing recognition and awards Deleted: �#,Initiate land use and design Studies for RDA -owned property located at the northeast comer of Avenida Montezuma and Avenida Mendoza Deleted:.11 QF>Wasmngton Street Apartments and adjoining propeny ¶ "FDMeleted: <#,Conclude tuned use ment she planning activities owned property located at 52 between Avenida as and Desert Club Dr"rve ¶_ Deleted: implementation of the " f Affordable Housing Agreement with Deleted: for the land sale and devebpment of 218 affordable muai- family rental dwellings at the Dune Palms Road/Avenue 48 property Deleted: April 15, 2008 —� CITY OF LA OUINTA March 17 2003 ECONOMIC DEVELOPMENT PLAN,' BUSINESS PLAN PAGE 25 Sell additional units in the La Quinta Housing Program to very low-income households. Initiate site planning activities involving Formatted: Bullets and Numbering Agency -owned property located at Avenida Montezuma and Avenida Mendoza across from La Quinta Community Park (formerly Francis Hack Park) Business Development Activities to Accomplish in Continue to work with the La Quinta �Deietea:2ooe o9 00� , 9-2010: Chamber of Commerce on business retention efforts and business support services. City of La Quinta Marketing Plan Evaluate opportunities for expanded online (trackable) marketing seek cooperative opportunities with La Quinta hotels and businesses key event organizers, SilverRock Resort Bob Hope Chrysler Classic Chamber of Commerce and La Quinta Arts Foundation create a multi -tiered "Co-op Catalog" outlining cooperative opportunities with the Clty of La Quinta implement a strategic public relations strategy involving a one-year "PR Plan consider "social media" as means of communication and advertising including Facebook Twitter Flicker, etc. solicit business community input on ways to strengthen local business support in a down economy' and seek out opportunities to leverage marketing budget Implement business development efforts as part of the City's Marketing Plan to support La Quinta businesses. Continue to work with Chamber of Commerce on business retention attend economic development trade shows/special events continue shop/dine as well as regional local television advertising; continue efforts to attract more Deleted: April 15, 2008 CITY OF LA QUINTA March 17 2004 ECONOMIC DEVELOPMENT PLAN,' n.. 4 J G BUSINESS PLAN PAGE 26 residents and visitors to the La Quinta Village (via advertising events, banners, and signage); enhance and update dining directory and shopping map produce a l.a Quinta area events calendar for latter part of 2009: evaluate value of "future trends" market study; and explore cooperative programs with regional organizations such as CVEP and Riverside County (trade shows and advertising opportunities). Continue tourism efforts iven com letion of tourism website (PlaylnLaQuinta.com) n�o tinue cooperative programs with the CVA, La Quinta hotels as well as -La Quinta Village businesses and extend cooperative program to all La Quinta businesses -with the goal of attracting more visitors to stay, play, shop, and dine in La Quinta. • Continue production of City Calendar La Quinta City Report (quarterly newsletter) and Palm Sprngs Life advertorial. Deleted: and "Tlungs To Do in La l Quints' master _J - Deleted: as well as a business — 1 directory on the City's weDsde, J Deleted: Implement tDeleted: public relations act. ies, antl • Continue to work with Lowe Enterprises on Deleted: ,amain portal (websae) for cooperative marketing efforts, siNedt«k resort, and site signage • Continue to: promote community events; promote Senior Center, Library, and Museum special events and programs; and produce Jecreation brochures to promote Deletedquartedy programs and classes. Deleted: ;and tlesignlp-duce banner farlhe Village area 1 Arnold Palmer Classic Course Marketing • Take full advantage of being a home course celetea: d>Deslgn new a wo k ror "' -- - DAIbaa 1: #o Deice rotatorbtllboard of the Bob Hope Chrysler Classic in �009_ advertlsmg vaney-wideI 2010 marketing and advertising efforts. Deleted: 2008-2009_ • Print advertising - advertise in publications such as Desert Golf Magazine, Palm Springs Life, The Desert Sun, and Alaska Airlines (in-flight magazine). • Continue to research and implement public relations opportunities with positive messages, e.g., national recognition by Golf CITY OF LA QUINTA March 17 2009. ECONOMIC DEVELOPMENT PLAN Deleted: April 1$ 2008 4 ;5 BUSINESS PLAN PAGE 27 Magazine, a home course of the Bob Hope Chrysler Classic. • Update www SilverRock.ora website with new photos and additional information. • Produce new SilverRock television spots to air primarily in the local market. • Send e-blasts to all current users of SilverRock Resort golf course. Develop discounts for quests and residents t Formatted: Bullets and Numbering _ a Coachella Valley rate (summer season) and a variety of specials to encourage shoulder season use of the golf course. Green and Sustainable La Quinta Program Formatted: Bullets 1 Activities to Accomplish In Continue to develop the Green and [ and Numbering _ _ _ 2009-2010, Sustainable La Quinta program by helping residents and businesses consume fewer resources and save money on their utility bdls. Continue to strengthen the conse vation partnerships with Coachella Valley Water District, Imperial Irrigation District Burrtec and the Southern California Gas Company by assisting them in marketing the various programs and rebates available to residents and businesses in La Quinta. • Continue to reach out to the community via presentations and special events to encourage La Quinta residents to reduce their carbon footprint by providinq valuable conservation programs and incentives. Promote qreen efforts via fivers ads and press releases' continue to pursue cooperatives with green partners for cost sharing purposes and continue to provide green tips and updates In the La Quinta Dele[etl: Ap ,I 15:2808 CITY OF LA QUINTA March 17,200 ECONOMIC DEVELOPMENT PLAN 4 6 BUSINESS PLAN PAGE 28 City Report (quarterly newsletter) and the Chamber of Commerce Gem publication. Create a green web page on the City website dedicated to the growth of the Green and Sustainable La Quinta Program to help keep residents and businesses Informed about the latest programs available to them Complete landscape conservation (Formatted: Bullets and N=Nnng program for two RDA -owned Cove homes and continue installing "smart' Irrigation controllers on all RDA -owned homes American Recovery and Reinvestment Plan Activities to Accomplish in Monitor and pursue Federal Stimulus Formatted: Bullets and —Numbering- 2009-2010: funding to provide for general fund relief for ----------------- transportation infrastructure and energy efficiency projects Work with the League of California cities to Investigate possible federal funding Opportunitle5 • Work with federal legislators to acquire Federal Stimulus funding for shelf ready projects. • Serve on Assembly Economic Stimulus Formatted: Bullets and Numbenng j Recovery Task Force identify projects eligible for funding under this program and lobby for expeditious funding process. Deleted: Apnl15, 2008 CITY OF LA QUINTA March 17,200 ECONOMIC DEVELOPMENT PLAN f Exhibit 20009-2010 Economic Development Plan Strategies and Tasks to Stimulate Private Investment in La Quinta CITYOF LA OUINTA ,March 17 2009 ECONOMIC DEVELOPMENT PLAN,,' Delet.d- 200&09 7 LDeleted: April 15, 2008 4�& ',E w . TT'' 11� o City ofL' Quintal City/Rede4opmentAgency7owned Properties :I 4 J , • � tN �. ��,'Em r I ,Aiw L T- 1 �y�y r w b E E Y "W�3 r� 4E5Rb 'IAPINib; -. I ISLri'�, I _IJrr q r---- I I WE March, 2009 s , REPORTS/INFORMATIONAL ITEM: MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA January 27, 2009 CALL TO ORDER 7:05 P.M. A. This meeting of the Planning Commission was called to order at 7:05 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 Principal Planner Stan Sawa, and Executive Secretary Carolyn Walker. II. PUBLIC COMMENT: III. CONFIRMATION OF THE AGENDA: Chairman Alderson requested the inclusion of the following two items under Commissioner Items: 1. A report on the Council meeting of January 20, 2009, and 2. An update of the California League of Cities Conference (Planning Institute). It was moved and seconded by Commissioners Barrows/Weber to approve the agenda as amended. Unanimously approved. IV. CONSENT CALENDAR: Chairman Alderson asked if there were any changes to the Minutes of January 13, 2009, and added a correction including his statements on reduction of the application size. There being no further changes, or corrections, it was moved and seconded by Commissioners Wilkinson/Weber to approve the minutes with that correction. Unanimously approved. 410 Planning Commission Minutes January 27, 2009 V. PUBLIC HEARINGS: A. Environmental Assessment 2008-597, General Plan Amendment 2008- 1 16, Zone Change 2008-136, and Tentative Tract Map 31434; a request by Monroe Dates for consideration of a request to subdivide ±30.26 acres into 94 single-family residences located at the northeast corner of Monroe Street and Avenue 61. Chairman Alderson introduced the applications and stated, for the record, he was a resident of the Trilogy development located next to the project being discussed. He then opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the staff report, a copy of which is on file in the Planning Department. He did note the Public Works Department distributed a memo to the Planning Commission regarding Condition 22 (i) for the Tract Map. A copy of this memo is on file in the Planning Department. Chairman Alderson asked staff about the requirements for the traffic signal. Public Works Department staff explained what the changes were. Commissioner Weber expressed concerns about the similarity between the original conditions, the changes involved in the Public Works memo, and bonding. Principal Engineer Wimmer explained there was a bond required and explained the circumstances behind the funding of the signal and the need to change the condition. Commissioner Weber asked if Lot 15, which borders Lot 21 in Trilogy, was the only lot which was even in grade with its neighboring development. Staff indicated it was. Commissioner Weber asked for confirmation that there was no entry landscape design submitted. Staff confirmed that. Commissioner Weber noted that was one of the general directions given by the Planning Commission in 2005. Commissioner Weber commented on the school bus turnout and asked if it was still considered a necessity since this was no longer a family -type development. Staff said they received CVUSD confirmation that it was no longer needed. Planning Commission Minutes January 27, 2009 Commissioner Weber asked if a bus stop might still be needed since this would now be senior housing and might require bus service. Discussion followed regarding transportation availability and it was stated a bus turnout is not needed. Commissioner Quill commented there was no amenity package for the senior community and asked about compliance with City standards. Planning Director Johnson said all City standards would apply. He commented the amenities package would be included in the Site Development Permit. Commissioner Quill commented the approval of landscaping is done by the ALRC and Planning Director and read the conditions about the final landscape plans. Planning Director Johnson explained the procedures involved in approving the landscaping. Commissioner Quill said the previous Tentative Tract Map had some traffic calming conditions and asked why they were no longer included. Staff explained the full layout and the reasoning behind it as well as responding this was a much improved design that didn't need those types of traffic calming features. Commissioner Quill was concerned about the elimination of the bus turnout and the difference in fees collected if the development does not become an active adult community. Planning Director Johnson then explained the assessment procedures. Commissioner Quill said the community was being approved as an active adult (55+) community which under State Department of Real Estate law had certain restrictions and explained some of them. He wanted to know what would prevent this Tentative Tract Map from changing from an active adult to a regular development. Planning Director Johnson said the development had been submitted, to the City, as an active adult map. The City does not have the ability to restrict the age on the Tentative Tract Map. The key is the applicant's representation and the City's review and approval as represented by the applicant. Commissioner Quill asked if the Planning Commission had any jurisdiction over the CC & R's and if there would be the opportunity to place a restriction on this development that it remain an adult community. Assistant City Attorney Houston said among other things that would be �12 Planning Commission Minutes January 27, 2009 correct. He then explained attorney involvement in the review of CC & R's and the fact they are typically reviewed with respect for certain obligations such as those included in a condition of approval. Chairman Alderson asked if the plans had been approved by the Fire Department. Principal Planner Sawa stated they had reviewed them and they did have some concerns which were mitigated. Chairman Alderson asked about bonding for the street improvements. He wanted to know what type of security the neighborhood had to make sure these improvements were completed in a timely manner. Planning Director Johnson responded historically security is done at the time of the final map. He then explained the procedures in requiring security. Chairman Alderson asked if the dirt would be imported or exported and how much. Applicant's representative, Chris Bergh, MDS Consulting, 78- 900 Avenue 47, Suite 208, La Quinta, introduced himself and responded 30,000 yards would be imported. Chairman Alderson echoed Commissioner Quill's concerns about this remaining an active adult community. Assistant City Attorney Houston said a conditional of approval has to have a nexus to the development that's being proposed and the land use. He was not aware of any authority that would allow the imposition of that as a condition. However, since it was a concern to the Commissioners he suggested they could ask the applicant, on the record, whether it was their intention to develop this project as an active adult complex. This would not provide full legal protection for the City, but the response would at least be on the record. Chairman Alderson asked if there were any questions of staff. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Craig Knight, 1387 Ambassador Way, Salt Lake City, Utah, introduced himself and stated, for the record, that this would be an active adult community. He then offered to answer any questions the Commissioners might have. Commissioner Wilkinson asked about the intention of including sidewalks. The applicant responded that would be addressed under landscaping and N1j Planning Commission Minutes January 27, 2009 would be added at a later date. Applicant's representative, Mr. Bergh, said the sidewalks would only be located in the retention basin. Commissioner Wilkinson said there was parking on both sides of the street and that was an unsafe choice without sidewalks. There was then discussion about where the residents would have to go to walk safely. Mr. Knight explained the plans they had regarding the streets/sidewalks. Commissioner Barrows was also concerned, and asked the applicant to explain about the amenity features for this community. Mr. Knight explained what features were included. Commissioner Weber asked about the Condition 85 (now Condition 80) hard surface walking path and other amenities such as the gazebo. Mr. Knight said that would be handled by the landscape designer. He then discussed the access to the top of the retention basin and how it loops around leaving a lot of possibilities for use. Commissioner Weber said he liked the idea of the Washingtonian Fan Palms being incorporated into the project and asked they held any significance for the applicant. Mr. Knight responded they were of no significance to him, but their retention had been requested by the Planning Department. This was predicated on the fact they would be able to preserve the trees. Mr. Knight was concerned that if they were moved they might not survive. He then went into detail about the age and maintenance of the trees; ending by saying there were only ten left. Chairman Alderson concurred with Commissioner Weber's concerns. Commissioner Weber brought up the subject of walkways, trails and the Class I and II Bike Trails; as well as the use of the frontage along Monroe. He was also concerned about sustainable communities, and their access to mass transit; i.e., senior bus stops. The applicant then explained there was only a ten foot landscape strip available for use as a bus turnout. Commissioner Weber then commented on the use of cars in the future and the reduction of emissions. He went on to comment about mass transit and his concerns. Mr. Knight was in concurrence with the Commissioner's views and commented on residents using bicycles. Commissioner Quill had concerns about the sideyard setbacks for three lots which have sideyards adjacent to Trilogy and that the new houses would be too close to the Trilogy project. He made several suggestions q14 Planning Commission Minutes January 27, 2009 on how to change the cul-de-sac to maximize the lots and be in better harmony with the Trilogy development. He went on to explain his concerns on various conditions due to the rear and side yard setbacks. He asked staff to clarify what the setbacks were; which staff did. Chairman Alderson suggested the applicant work with staff to see if there was a way to modify the dimensions of the lots. Staff responded it would have to be included as a condition and explained the modifications would be a bigger challenge for Lots 24 and 25; which was followed by discussion of the height differences in those two lots. Chairman Alderson commented on the curvilinear design having a more calming affect and used the Trilogy street dimensions as an example. Chairman Alderson asked if there was any public comment. Ms. Joan Coombs 81800 Eagle Claw, La Quinta, introduced herself and expressed her concern about the condition of the date palm trees. She said she understood about the expense to the applicant, but thought they should at least be kept watered. They are an eyesore and a hazard and was surprised the Fire Department had not said anything. In addition, she commented on the elevation and asked if the applicant was going to bring in fill dirt. She added her concern about the possibility of the lights shining down into the homes in the Trilogy development. Marianne Mellin, 81400 Eagle Claw, La Quinta, introduced herself and commented on the clean-up, last year, of the shrubbery along the wall. She was excited to hear this was going to be a 55+ development but was concerned about the large drop behind her wall. However, that would not be such a concern if the homes were kept to one story. She also voiced her concern about the speed limit remaining at 20 or 25 mph to keep down the noise levels. Other than that she thought it was a very good project and was supportive. Barbara Irwin, 60-440 Juniper Lane, La Quinta, introduced herself and asked if these homes were going to be restricted to one story as this was a major concern to her. Staff responded the applicant had not submitted the house plans yet, but traditionally age -restricted developments were usually one story. Ms. Irwin expressed her concerns about the possibility of the development being sold and, if it was not conditioned, the new owner could build the two story homes. Planning Commission Minutes January 27, 2009 Ed Coombs 81800 Eagle Claw, La Quinta, introduced himself and said as long as it was built as presented, he would be in favor of it. He asked if there were any designs on security and if there was going to be a homeowners' association. Chairman Alderson responded there would be a homeowners' association. Mr. Coombs was very concerned about the fact there were no definite plans to look at and only a definition of the number of units per acre, but nothing else. He commented there was no information about the amenities and said the application was too vague. Mike Robinson, 61-304 Topaz Drive, La Quinta, introduced himself and said he was a retired professional planner, with over 30 years of experience, and agreed with Commissioner Quill's comments on the increase of setbacks. Secondly, since his wife had become disabled, was more sensitive to handicap issues and suggested the applicant consider installation of sidewalks and a non-traditional curb design. He pointed out this is an age -restricted community and there are no features for handicap accessibility. Chairman Alderson said a lot of the questions will be answered when the Commission reviews the forthcoming building elevations, house designs and landscape plans. Staff responded that some of them would be, the issues relating to the sidewalks, the number of stories, height, and the yard setbacks were certainly within the Commissions' purview. Commissioner Quill expressed his concern that the Commission impose conditions on the map in case the applicant was to sell the development. Chairman Alderson agreed. Mr. Knight said he was on the record as proposing this development as a 55+ adult community; which the Commission could add as a condition. He said they could accommodate the request for the specific type of curbing, but they did have a problem with the side yard setbacks on the two lots. He asked if they could work with the Planning Department to change the lots. He discussed the original grading plan and the request by Public Works to change it. He explained the current situation with the trees and how he had accommodated all previous conditions imposed upon the trees and their maintenance. He said if another line of date palm trees needed to be taken out he would accommodate that, as they are willing to make further changes. �jb Planning Commission Minutes January 27, 2009 Staff asked Mr. Knight if he would object to the requirement of adding a condition restricting the project to 55+. Mr. Knight said he would not object and asked that it be added. Commissioner Wilkinson also expressed his concerns about Lots 24, 25, and 54, as well as the sidewalks and rolled curbs. He explained what would happen if the curbs were laid out prior to the landscaping. He said he understood a Tentative Tract Map did leave some questions unanswered. He had no conditions he would like applied other than the 55+ age group requirement. Commissioner Quill wanted to add conditions this be an age -restricted community, as defined by the California Department of Real Estate, the requirement for single story residences, the addition of four foot (minimum) sidewalks, and the use of a wedge curb design. He explained his reasons for each condition. In addition he wanted to condition Lots 24, 25, and 54 to have minimum side yard setbacks of 20 feet When adjacent to Trilogy. Commissioner Barrows supported his comments and added her own question about the sidewalks, and asked if the setback requirements would be altered because of the Zone Change. Staff explained the changes that would occur because of the Zone Change application. Commissioner Weber recapped the previously mentioned concerns of the trees, elevations, curb/gutter, single -story issue, the age restriction issue, and the design of the dead end at Lot 54. Discussion followed about Lot 54 and what had originally been intended for that area. Discussion then followed regarding the reduction of green house emissions and State Law SB 375. Most specifically, the lack of public transportation provisions from a senior development which is not close to amenities. Commissioner Barrows had a concern about access to Monroe Street and the sidewalk crossings. Staff explained the proposal for sidewalks and pointed out the current and future locations. Chairman Alderson reiterated the concerns on curbing and asked if a rolled curb would be considered handicap accessible. Public Works 411 Planning Commission Minutes January 27, 2009 Engineer Wimmer said the handicap accessibility is at the intersections and the rolled curbs do not meet the conditions of being handicap accessible. Commissioner Quill suggested adding a four foot area that might be able to accommodate mass transit in the deceleration lane. 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 2009-002 recommending approval of Environmental Assessment 2008-597 as submitted. Unanimously approved. There was no further discussion and it was moved and seconded by Commissioners Barrows/Quill to approve Resolution 2009-003 recommending approval of General Plan Amendment 2008-116 as submitted. Unanimously approved. There was no further discussion and it was moved and seconded by Commissioners Barrows/Wilkinson to approve Resolution 2009-004 recommending approval of Zone Change 2008-136 as submitted. Unanimously approved. There was no further discussion and it was moved and seconded by Commissioners Quill/Barrows to approve Resolution 2009-005 recommending approval of Tentative Tract Map 31434 with the following amended or added conditions of approval: 1. (As recommended by the Public Works Director) replace Condition 22.A. 2) i) with the following: "Install traffic signal interconnection and loop detection conduit and pull boxes for future traffic signal installations at Avenue 60 and 62 along the project frontage." 2. Add a condition stating all structures in the project shall be limited to one story in height. 3. Add a condition stating minimum four foot wide sidewalks shall be provided adjacent to the street curbs, except in areas adjacent to the retention basin where the required walking pathways are provided. 416 Planning Commission Minutes January 27, 2009 4. Add a condition stating Lots 24, 25, and 54 shall provided a minimum 20 foot interior side yard setback on the side adjacent to the project boundary. 5. Add a condition requiring rolled, or similar curb, shall be used throughout the project. 6. Add a condition, as requested by the applicant, which requires the applicant sign an agreement stating the project shall be age - restricted to 55 years and older as defined by the State Department of Real Estate. Said age -restriction shall be included in the Conditions, Covenants, and Restrictions (CC and R's) with the CC and R's reviewed and approved by the City Attorney prior to final approval of the Final Map by the City Council. Unanimously approved VI. BUSINESS ITEMS: None VII. CORRESPONDENCE AND WRITTEN MATERIAL: None Vill. COMMISSIONER ITEMS: A. Chairman Alderson reported on the City Council Meeting of January 20, 2009, including the details on the SilverRock presentation as previously reviewed by the Planning Commission. Discussion followed regarding the Council's approval and the Planning Commission's recommendations for the project; as well as comments on the Circulation Element. Commissioner Quill asked about the funding for the SilverRock Clubhouse. Staff explained the funding mechanism. Planning Director Johnson also explained the Coachella Valley Water District's concerns and issues with the Canal. B. Discussion of the upcoming Planning Commissioners' Institute. Planning Director Johnson commented on the budget and the need to be fiscally conservative on expenses. C. Chairman Alderson noted Commissioner Barrows was scheduled to report back on the February 3, 2009, Council meeting. D. Planning Director Johnson said the tentative Joint ALRC/PC meeting date was scheduled for March 10, 2009. Staff would be presenting agenda items at the February 24, 2009, meeting. 419 Planning Commission Minutes January 27, 2009 E. Commissioner Weber asked about State Legislation and asked for more information on its impacts on City planning. Staff responded they would provide the Commissioners with information on SIB 375. In addition, the Commission could set aside time, at a future meeting, to further discuss the matter. Staff would also check to see if there was any local training available, on AB 32, and report back to the Commission. Commissioner Barrows commented the Coachella Valley Association of Governments (CVAG) might be presenting a workshop on AB 32. She gave a brief synopsis of what AB 32 was and said currently there is no funding for the implementation of the program. Discussion followed on these two bills and staff promised to gather information and devote some time, at a future meeting, to discuss this further. F. Commissioner Quill commented on the La Quinta Resort Scoping Meeting and the magnitude of the La Quinta Resort Plan. He asked when it would be coming to the Commission. Staff explained the Resort's future plans and the process the City would be following. The project would not be expected until late summer or early fall before it would even be considered. Staff only has preliminary information at this time. IX: DIRECTOR ITEMS: None 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 February 10, 2009. This regular meeting was adjourned at 9:07 p.m. on January 27, 2009. Respectfully submitted�,�j� "_.� Caroly�k , Executive Secretary City of La Quinta, California REPORTS/INFORMATIONAL ITEM: MINUTES HISTORIC PRESERVATION COMMISSION MEETING A Regular meeting held in the Study Session Room at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA January 29, 2009 This meeting of the Historic Preservation Commission was called to order by Chairwoman Puente at 3:00 p.m. who asked for the roll call. CALL TO ORDER A. Roll Call. Present: Commissioners Redmon, Sharp, Wilbur, Wright, and Chairwoman Puente Absent: None Staff Present: Planning Manager David Sawyer, Principal Planner Stan Sawa, Consulting Planner Nicole Criste (Terra Nova Planning), and Secretary Monika Radeva. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: A. It was moved and seconded by Commissioners Wilbur/Sharp to approve the minutes of December 18, 2008, as submitted. Unanimously approved. V. BUSINESS ITEMS: A. Historical/Archaeological Resources Survey Report for the Dune Palms Specific Plan Applicant: La Quinta Redevelopment Agency Consultant: CRM TECH (Michael Hogan, Principal) Location: South Side of Highway 111, Approximately 350 Feet East of Dune Palms Road. 421 PAReports - CC\2009\3-17-09\HPC Min _I-29-09_Approved.doc Historic Preservation Commission January 29, 2009 Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Planning Department. Commissioner Redmon asked what "auto related commercial" referred to. Staff replied it referred to a car dealership. Planning Manager Sawyer explained the project consisted of two phases. The first portion along Highway 111 was to be a high -end automobile dealership. The second portion was to be ± 200-unit multi -family affordable housing project. Commissioner Wilbur asked staff about the likeliness of this project moving forward in light of the current market and economic conditions. Planning Manager Sawyer replied the applicant for the auto dealership project had exhibited strong interest and there had not been hesitance indicating otherwise. Commissioner Redmon asked if the multi -family affordable housing project was going to be similar to the Coachella Valley Housing Coalition affordable housing project. Planning Manager Sawyer replied it was a Redevelopment Agency (RDA) project. Commissioner Sharp asked if the auto dealership and the affordable housing project were one continuous project. Staff replied there was going to be a pedestrian path connecting them. Commissioner Sharp expressed his concern about the bright lights of the dealership being a nuisance to the tenants of the development at night. Planning Director Sawyer replied the RDA staff would address concerns of this type and explained the reason the was chosen. Commissioner Wright said he was pleased that the grading activity was going to be monitored. Chairwoman Puente asked what remains were found on site. Staff replied there were some shells, animal bones, and other fragments. Chairwoman Puente inquired if the remains were historically significant. Staff replied they were significant mostly in the fact that they were human remains. 422 PAReports- CC\2009\3-17-09\HPC Min 1-29-09_Approved.doc 2 Historic Preservation Commission January 29, 2009 Commissioner Sharp asked what "grubbing" and "mano" meant. Staff replied that "grubbing" meant scraping off the top layer of shrubs and ground cover and "mano" meant the grinding bowl for a pounding tool. There being no further comments it was moved and seconded by Commissioners Wright/Redmon to approve Minute Motion 2009-001 accepting the Historical/Archaeological Resources Survey Report for the Dune Palms Specific Plan as recommended by staff. Unanimously approved. B. Phase I Historical/Archaeological Resources Survey Report for the Travertine Acquisition for Shea Homes Trilogy at La Quinta Applicant: Shea Homes, Inc. Consultant: CRM TECH (Michael Hogan and Bai "Tom" Tang, Principals) Location: On the East Side of the CVWD Dike #4 between Avenue 60 and Avenue 62. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Planning Department. Representing the applicant were Ulrich Sauerbrey, Project Manager for Community Development for Shea Homes, Inc. and Jeff Davies, Community Development Manager for Shea Homes, Inc. Commissioner Redmon asked staff if the recommendations on page 15 regarding the Travertine acquisition for Shea Homes were incorporated within staff's recommendations. Staff replied they were. Commissioner Wright asked if there would be public access to the mountains behind Travertine. Mr. Sauerbrey replied there would not be any public access to the mountains from this site because it would be restricted by CVWD. Mr. Sauerbrey explained the County Parks District had a parks master plan, with a trail system, identifying an access point from Avenue 62 just a little to the south of this particular project site. He said the applicant was working with the Parks District on the trail funding based on an agreement with the County from 2002-2003. There being no further comments it was moved and seconded by Commissioners Redmon/Sharp to approve Minute Motion 2009-002 accepting the Phase I Historical/Archaeological Resources Survey 4 2) PAReports - CC\2009\3-17-09\HPC Min1-29-09_Approved.doc 3 Historic Preservation Commission January 29, 2009 Report for the Travertine Acquisition for Shea Homes Trilogy at La Quinta recommended by staff. Unanimously approved. C. Phase II Cultural Resources Testing and Evaluation of CA-RIV-1339 The Travertine Project Tract 35996 Applicant: Shea Homes, Inc. Consultant: Michael Brandman Associates (Michael Dice, Principal Investigator) Location: On the East Side of the CVWD Dike # 4 between Avenue 60 and Avenue 62 Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Planning Department. Commissioner Sharp asked staff about the human remains found outside the property lines and who had decided not to remove them. Staff replied the archaeologist determined that he had gone outside the applicant's property line and did not have the authority to remove the remains. Commissioner Redmon asked why the cremation site was reported if it was outside the property lines. Staff replied the archaeologist felt it was best to report it since it had been discovered. He said sometimes grading goes off -site and this way the site would be left undisturbed and protected. Commissioner Wright commented on the on-site/off-site monitoring and the protection it provided. Commissioner Redmon asked for clarification on who the artifacts, if any found, would be given to. Staff replied the artifacts would first be given to the tribe and if they were not interested, they would be then passed on to the City. Commissioner Sharp said his understanding was that artifacts were given directly to the La Quinta Museum. Commissioner Wright explained that until a few years ago the tribal members were not involved at all and all recovered artifacts were sent to Riverside. This was not because the tribe members were not interested, but because they did not have the facilities or expertise to care properly for the artifacts or monitor the site. .. 424 P:\Reports - CC\2009\3-17-09\HPC Min1-29-09_Approved.doc 4 Historic Preservation Commission January 29, 2009 Planning Manager Sawyer said his experience was that the remains were always returned to the tribes. Commissioner Redmon expressed her concern was that if all remains were returned to the tribe those would also include the pottery and other artifacts in addition to human and cremation remains that would possibly end up in a storage facility versus being displayed at the La Quinta Museum. She wanted to make sure they were handled properly. Planning Manager Sawyer replied this instance would not set a precedent as each case would be handled on an individual basis through a consultation between the City and the tribal members if requested. Commissioner Wright said he was pleased that the tribe was involved in the process. Chairwoman Puente asked why the cremation remains were considered special and unique. Mr. Sauerbrey replied his understanding was the remains had a historical significance in the tribal history. Discussion about the remains and their historical significance followed. Commissioner Wright said Shea Homes had a good track record of being very sensitive to historically significant sites and artifacts. There being no further comments it was moved and seconded by Commissioners Wright/Redmon to approve Minute Motion 2009-003 accepting the Phase II Cultural Resource Testing and Evaluation of CA- RIV-1339 the Travertine Project Tract 35996 as recommended by staff with the revision to Section 3-D, Amendment 2, that the artifacts would be distributed to the tribal members and not the City. Unanimously approved. D. Paleontological Resources Assessment Report for The Travertine Acquisition for Shea Homes Trilogy at La Quinta Applicant: Shea Homes, Inc. Consultant: CRM TECH (Michael Hogan and Bai "Tom" Tang, Principals) Location: On the East Side of the CVWD Dike #4 between Avenue 60 and Avenue 62 425 P:\Reports - CC\2009\3-17-09\HPC Min_1-29-09_Approved.doc 5 Historic Preservation Commission January 29, 2009 Principal Planner Stan Sawa presented the information contained in the staff report a copy of which is on file in the Planning Department. There being no questions or comments it was moved and seconded by Commissioners Wilbur/Redmon to approve Minute Motion 2009-004 accepting the Paleontological Resources Assessment Report for the Travertine Acquisition for Shea Homes Trilogy at La Quinta as recommended by staff. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None VII. COMMISSIONER ITEMS: Conference Updated Planning Manager Sawyer said the Historic Preservation Conference was scheduled for April 16 through 19, 2009. He noted the budget allocated by the City was conservative and extended over registration fees and gas reimbursement, but hotel stays and other travel arrangement were not included. He mentioned that a city staff member would also be attending the conference and he encouraged the Commissioners to carpool if possible. Discussion followed regarding events included at the Conference and Planning Manager Sawyer encouraged the Commissioners to be fiscally conservative. VIII. PLANNING STAFF ITEMS: A. Update on curation of City artifacts Planning Manager Sawyer said previously the City planned to store artifacts at the La Quinta Museum, but due to lack of available space they will be relocated to City Hall under supervision of the Planning Department. Commissioner Wilbur asked if the La Quinta Museum would be able to use the artifacts. Planning Manager Sawyer replied the artifacts would be available for use by the Museum. Discussion followed regarding the La Quinta Museum. B. Quarterly Attendance Report Planning Manager Sawyer reminded the Commissioners that there were only two unexcused absences allowed per fiscal year. Commissioners then discussed their Ethics Training. P:\Reports- CC\2009\3-17-09\HPC Min_1-29-09_Approved.doc 426 6 Historic Preservation Commission January 29, 2009 X. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Wright/Sharp to adjourn this Meeting of the Historic Preservation Commission to the next Regular Meeting to be held on February 19, 2009. This meeting of the Historic Preservation Commission was adjourned at 3:55 p.m. Unanimously approved. Submitted by: K._.... -- - Secretary 42- P:\Reports - HPC\2009\2-19-09\HPC Min-1 -29-09Approved.doc 7 sr- �konfl-j Tit�t 4 XP Qumz �I 46,-n 5 MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager�� 1 DATE: March 16, 2009 SUBJECT: Council Member Stanley Sniff Council Member Stanley Sniff asked that the attached document be distributed to you. Attachment Qep ti South Coast t ®� Air Quality Management District 21865 Copley Drive, Diamond Bar, CA 91765-4178 r (909) 396-2000 • www.agmd.gov Office of the Executive Officer 909.396.2100 January 9, 2009 TO: PERSONS INSTALLING OR OPERATING EQUIPMENT THAT REQUIRES AN AQMD PERMIT Re: Moratorium on Issuance of Certain Air Permits This letter is to advise you that the South Coast Air Quality Management District (AQMD) is required to make significant changes to its permitting program as: the result of a recent court ruling. This court decision may substantially affect your activities if you plan to install, construct, modify, replace or relocate equipment that emits air pollution. In addition, permits issued by the AQMD since September 8, 2006 may be affected by this court decision. For more detailed information please read the Fact Sheet attached to this letter. The Court Decision. Under federal and state law, AQMD can issue permits for new, replaced, relocated, or modified equipment only if emission increases are "offset" by emission reductions from other equipment. Emission offsets are generally provided by the permit applicant in the form of Emission Reduction Credits (ERCs). AQMD rules do, however, allow some types of facilities, such as essential public services, to obtain offsets from the District (Rule 1309.1, the "Priority Reserve"). AQMD rules also allow exemptions from the offset requirement for facilities with low emissions, or certain types of actions, such as equipment replacements or some relocations (Rule 1304). A recent court decision invalidated the AQMD rule specifying how the agency accounts for and calculates the amount of emission reductions available to fund the Priority Reserve and offset exemptions. Because of this decision, the AQMD cannot at this time issue Permits to Construct that rely on credits from the Rule 1309.1 Priority Reserve, or that rely on a Rule 1304 offset exemption. This situation will exist until the AQMD adopts a new rule or program that addresses the court decision. Next Steps. The AQMD plans to readopt the invalidated rule, or other appropriate program, as soon as possible. We expect this will take at least nine to twelve months. In the meantime, Permits to Construct can only be issued to applicants providing offsets in the form of ERC certificates that are owned by applicants or that are purchased from ERC holders in the open market. 429 Moratorium On Permits -2- January 9, 2009 The AQMD will continue to accept permit applications and will continue to process and issue permits for applicants that provide ERC certificates. To the extent, however, that permit applicant relies on credits from the Rule 1309.1 Priority Reserve, or on a Rule 1304 exemption, the AQMD cannot issue a Permit to Construct at this time. Please be advised that any construction, installation, or operation of new, replaced, relocated, or modified equipment without first having obtained a Permit to Construct from AQMD is a violation of AQMD Rule 201 and is subject to a notice of violation and associated penalties and shutdown orders. We recognize that this situation could create substantial hardships for many facilities. My staff and I will do our utmost to rninirrize these hardships until this difficult situation is fully resolved. If you have any questions, please do not hesitate to contact Mohsen Nazem , the agency's Deputy Executive Officer for Engineering and Compliance. He can be reached at 909-396-3447 or permitmoratonum@aomd.pov. Sincerely, Barry R. Wallerstein, D.Env. Executive Officer BRW:KRW:MN:vmr Attachment 430 South Coast Air Quality Management District *0 21865 Copley Drive, Diamond Bar, CA 91765-4178 (909) 396-2000 • www.agmd.gov Of we of the Executive Officer 909.396.2100 January 9, 2009 TO: PERSONS INSTALLING OR OPERATING EQUIPMENT THAT REQUIRES AN AQMD PERMIT Re: Moratorium on Issuance of Certain Air Permits This letter is to advise you that the South Coast Air Quality Management District (AQMD) is required to make significant changes to its permitting program as the result of a recent court ruling. This court decision may substantially affect your activities if you plan to install, construct, modify, replace or relocate equipment that emits air pollution. In addition, permits issued by the AQMD since September 8, 2006 may be affected by this court decision. For more detailed information please read the Fact Sheet attached to this letter. The Court Decision. Under federal and state law, AQMD can issue permits for new, replaced, relocated, or modified equipment only if emission increases are `offset' by emission reductions from other equipment. Emission offsets are generally provided by the permit applicant in the form of Emission Reduction Credits (ERCs). AQMD rules do, however, allow some types of facilities, such as essential public services, to obtain offsets from the District (Rule 1309.1, the "Priority Reserve"). AQMD rules also allow exemptions from the offset requirement for facilities with low emissions, or certain types of actions, such as equipment replacements or some relocations (Rule 1304). A recent court decision invalidated the AQMD rule specifying how the agency accounts for and calculates the amount of emission reductions available to fund the Priority Reserve and offset exemptions. Because of this decision, the AQMD cannot at this time issue Permits to Construct that rely on credits from the Rule 1309.1 Priority Reserve, or that rely on a Rule 1304 offset exemption. This situation will exist until the AQMD adopts a new rule or program that addresses the court decision. Next Steps. The AQMD plans to readopt the invalidated rule, or other appropriate program, as soon as possible. We expect this will take at least nine to twelve months. In the meantime, Permits to Construct can only be issued to applicants providing offsets in the form of ERC certificates that are owned by applicants or that are purchased from ERC holders in the open market. 431 AQMD's Permit Moratorium Fact Sheet January 9, 2009 Q: Why is there a moratorium on the South Coast Air Quality Management District (AQMD) issuing hundreds of permits? A: As the result of a recent court ruling, AQMD is suspending operation of its internal bank of emission reduction credits (ERCs), also known as offset credits. Operation of the internal bank is needed for the AQMD to provide credits to permit applicants from the Rule 1309.1 Priority Reserve, and for AQMD to allow permit applicants exemptions from offset requirements specified in Rule 1304. No offset credits will be provided from the AQMD's internal bank at this time. Accordingly, AQMD will only be able to issue permits to sources that have provided their own offsets in the form of Emission Reduction Credit (ERC) certificates. Q: Who is affected by this action? A: All permit applicants intending to obtain credits for essential public services such as hospitals, schools, police stations, landfills or sewage treatment plants through AQMD Rule 1309.1 (Priority Reserve). Any facilities, regardless of size, intending to rely on any of the offset exemptions in AQMD Rule 1304 (Exemptions) are also affected. Examples are auto body shops, service stations, printers, local government and other medium and large businesses. Offset exemptions in Rule 1304 include sources with facility emissions less than four tons per year of any air pollutant, equipment replacements, facility and equipment relocations, facility modifications, and projects seeking to achieve regulatory compliance. Q: Are previously issued permits affected? A: Yes, thousands of previously issued permits are affected. The recent court ruling revoked AQMD Rule 1315 and required the agency to discontinue the use of offset credits issued from the AQMD internal bank for permits issued at least since Aug. 3, 2007. Certain aspects of the court ruling may suggest that the use of credits issued on or after Sept. 8, 2006 has been 7 43I invalidated as well. AQMD, however, has appealed the court ruling, which will stay the court's action to the extent that it would have required AQMD to cancel credits and revoke permits already issued since at least August 3, 2007. For this reason, until an appeal is concluded in AQMD's favor, or Rule 1315 or an equivalent replacement has been readopted and any litigation over the readopted rule has been concluded in AQMD's favor —none of which can be guaranteed — AQMD cannot ensure the long-term validity of permits issued on or after August 3, 2007, or possibly on or after September 8, 2006. Q: What has caused this action? A: This action results from a ruling by Los Angeles Superior Court Judge Ann I. Jones in a lawsuit (Case No. BS 110792) brought on August 31, 2007 against AQMD by the Natural Resources Defense Council, Communities for a Better Environment, Coalition for a Safe Environment, and California Communities Against Toxics. The lawsuit challenged the adoption of AQMD Rule 1315 (Federal New Source Review Tracking System) used for tracking the agency's internal credit bank and amendments to Rule 1309.1 (Priority Reserve), which also allowed power plants to access credits in the AQMD's internal credit bank. In her final ruling on Nov. 3, 2008, Judge Jones invalidated the rules and prohibited the agency from taking any action to implement Rule 1315 or the amendments to Rule 1309.1 until it has prepared a new environmental assessment under the California Environmental Quality Act (CEQA). Q: What has the AQMD done to address this situation? A: AQMD appealed Judge Jones' decision on Nov. 25, 2008. Although this appeal does not allow AQMD to issue any new permits, it puts a stay on canceling thousands of previously issued permits. In addition, AQMD intends to readopt a credit tracking rule or other appropriate program to replace Rule 1315. If the rule or program is adopted, credits will again be available for essential public services, innovative technology and research operations under Rule 1309.1 and for exempt sources under Rule 1304. n 430 Q: How long will readoption of Rule 1315 take? A: At least nine to 12 months and possibly longer. Q: Does AQMD intend to readopt the power -plant amendments to Rule 1309.1? A: The AQMD Governing Board has decided not to readopt the amendments to Rule 1309.1 allowing power plants to access credits from the Priority Reserve. Q: Can I purchase ERCs on the open market? A: Possibly, although they are scarce and in some cases very expensive, especially for PM 10 (particulate matter). The table below illustrates examples of estimated costs* of obtaining ERCs for typical equipment or operations: Type of Facility Estimated Cost of ERCs* Landfill (landfill gas/ renewable energy project with five turbines) $140 million Sewage treatment plant (expansion with new digester and flare) $3 million Food manufacturer (tortilla chip fryer and oven) $2 million Hospital (boiler) $2 million Auto body shop (spray booth) $500,000 Printer (printing press) $390,000 Gas station $255,000 Police station (emergency back-up generator) $110,000 Based on average market price of ERCs in 2008. Individual ERC purchase prices may van on a case-bv-case basis. Q. Are there permitting actions not subject to the moratorium? A: Yes. The moratorium applies to permitting actions involving the AQMD's internal bank. The following permitting actions that do not involve AQMD's internal bank are not affected: • Permits for new, modified, replaced or relocated equipment where: o Applicants provide their own ERCs; OR 0 434 South Coast Air Quality Management District 21865 Copley Drive, Diamond Bar, CA 91765.4182 (909) 396-2000 • www.agmd.gov 1 .... -.. #„fL . . .... ...... ... � - aa7e0aG�Eaf1.CE'i.1(a . `yi[FY:tx, �..9i ... _x1C'.��: 4.. ✓-• � 1 � �'�W��tt x yy' '=�}1, � 1y L i , "r..�'+�� ♦ Y 3 Si .� IY ry'➢. 'ffo�S„ q5° y��'C`r i' 4 »Y'4 'j S,A I' II %zt, lily i�(.ti 'w���bb�^t4.�'� t fk1� H�4 NC � "A �x}� t Y i3. �M \Al1l:F;,eyG-?%{° The South Coast Air Quality Management District (SCAQMD) staff would like to invite you to participate in a kick-off meeting to discuss near- and long-term solutions to recent issues affecting the SCAQMD's New Source Review (NSR) program. Under federal and state law, AQMD can issue pen -nits for new, replaced, relocated or modified equipment only if emission increases are "offset" by emission reductions from other equipment. As a result of a recent court ruling, AQMD is suspending operation of its internal bank for emission reduction credits (ERCs), also known as off -set credits. At this time, AQMD will only be able to issue permits to sources that have provided their own offsets in the form of ERC certificates. This action will affect all facilities, regardless of size, intending to rely on any offset credit exemption from AQMD's Rule 1304 or the Rule 1309.1 Priority Reserve. The SCAQMD staff is seeking new and innovative ideas to address the availability and price of NSR credits. The purpose of this first meeting is to share background information and establish the framework and process for the subsequent meetings to develop potential solutions to address these and other NSR issues. The resolution of these,issues is important to ensure that all affected parties can continue to modernize their facilities. The NSR Stakeholders Meeting will be held on January 21, 2009, from 1:00 PM to 3:00 PM at the SCAQMD Headquarters, in the auditorium. SCAQMD Headquarters 21865 Copley Dr. Diamond Bar, CA 91765 This will be the first of a series of meetings to address issues surrounding the SCAQMD's NSR program. We look forward to your participation on this important topic. For more information on this meeting please visit our website at www.agmd.eov. Detailed meeting agenda will be posted on our website this week. If you have any questions, please call Susan Nakamura at (909) 396-3105. �.1 435 DRAFT - DISCUSSION ONLY FOR CONSIDERATION BY LEGISLATIVE COMMITTEE 3/11/09 An act to add sections 21080(b)(16) and 21080(b)(17) of the Public Resources Code, relating to air pollution, and declaring the urgency thereof, to take effect immediately. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOW; SECTION 1, Section 21080 of the Public Resources Code is amended to add paragraphs 21080(b)(16) and 21080(b)(17), to read: 21080(b)(16). No California Environmental Quality Act (CEQA) analysis shall be required of the adoption or implementation of South Coast Air Quality Management District (District) rules establishing offset exemptions, providing Priority Reserve credits, or creating or tracking the credits used for offset exemptions or Priority Reserve projects, if discretionary projects that use such exemptions or credits are subject to CEQA (or exempt therefrom) and all the requirements of this paragraph are satisfied. This paragraph applies only to offset exemptions used under District Rule 1304, as amended June 14, 1996, Priority Reserve Credits pursuant to District Rule 1309.1, as amended May 3, 2002, and implementation of District Rule 1315, as adopted September 6, 2006 and re- 436 adopted August 3, 2007. This paragraph applies only if all of the following requirements are satisfied: (i) District rules require use of the best available control technology, as defined in Health & Safety Code Section 40405, and air quality modeling to assure the source will not cause a violation, or make significantly worse an existing violation of any ambient air quality standards, as defined in District Rule 1303, for each new, relocated or modified source with an emissions increase of one pound per day or greater of any air contaminant; (ii) District rules prohibit the construction of any new, relocated, or modified permit unit if the emissions of any toxic air contaminant, as listed by the District Board, exceed a cumulative increase in maximum individual cancer risk at any receptor location of (A) greater than one in one million, if the permit unit is constructed without best available control technology for toxic air contaminants, or (B) greater than ten in one million, if the permit unit is constructed with best available control technology for toxic air contaminants; or if the permit unit exceeds a chronic or acute non -cancer health effect hazard index of 1.0; (iii) The District accounts for the use of offset credits pursuant to this paragraph as part of its state implementation plan submissions, and demonstrates that such use will not interfere with attainment or maintenance of ambient air quality standards; and (iv) District Rules 1304, 1309.1, and 1315, as described in this paragraph, have been submitted to the U.S. Environmental Protection Agency (EPA), and have not been disapproved by EPA. 437 21080(b)(17). If a thermal power plant is subject to California Environmental Quality Act (CEQA) and the State Energy Resources Conservation and Development Commission (California Energy Commission), or other public agency will act as lead agency for the plant, no additional CEQA analysis is required of the creation or use of Priority Reserve offset credits by such power plants pursuant to South Coast Air Quality Management District (District) Rule 1309.1, as amended August 3, 2007, if all of the following requirements are satisfied: (i) District Hiles include the requirements and prohibitions specified in Section 21080(b)(16)(i) and (ii); (ii) The power plant emissions comply with the requirements for best available control technology, air quality modeling impacts, toxics impacts, and emissions levels as specified in District Rule 1309.1 as amended August 3, 2007; (iii) The power plant has entered into long-term contracts with Southern California Edison Company, San Diego Gas and Electric Company, or the state of California to provide electricity in Southern California or is a municipal -owned power plant designed and constructed not to exceed its native demand load projections, or otherwise, as specified in District Rule 1309.1; (iv) The District accounts for the power plants' use of Priority Reserve offset credits pursuant to this paragraph as part of its state implementation plan submissions, and demonstrates that such use will not interfere with attainment or maintenance of ambient air quality standards; t ; (v) Rule 1309.1 as amended August 3, 2007, and Rule 1315, as adopted September 6, 2006, and re -adopted August 3, 2007, have been submitted to the U.S. Environmental Protection Agency (EPA) and have not been disapproved by EPA; (vi)The California Energy Commission has conducted a needs assessment which has determined that the thermal power plant is reasonably necessary to meet future energy needs in Southern California or the District; (vii) The power plant pays a mitigation fee for Priority Reserve offset credits obtained which shall be at minimum the amount set forth in District Rule 1309.1 as amended August 3, 2007. The District Board may by rule amendment, after a public hearing, increase such fees without affecting the applicability of section 21080(b)(17). The District shall, to the extent technically and economically feasible, use such mitigation fees to mitigate emissions of the relevant pollutant or its precursors in the area impacted by emissions from the power plant, with a minimum of one third to be used for installation of renewable or alternative sources of energy, except that up to 10% may be used by the District for administration of the mitigation program. SEC. 2 Due to unique circumstances concerning the South Coast Air Quality Management District, the Legislature finds and declares that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution. SEC. 3 439 This act is an urgency statute necessary for the immediate preservation of the public Peace, health or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are: Due to a state court CEQA decision, the South Coast Air Quality Management District is unable to issue over a thousand pending permits which are either exempt from offset requirements or qualified to use offset credits from the District's "Priority Reserve." Among these projects are those such as projects for equipment replacement or relocation, projects which would reduce emissions, essential public services such as hospitals, schools, landfills, and sewage treatment plants, renewable energy projects, and small sources, including small businesses that are unable to locate or afford credits on the open market. It is expected that as time goes on, many other similar projects will have to be placed on hold, or will have to withdraw their applications or not submit any applications to the District, if legislative action is not taken, resulting in significant harm to the economy and jobs. In addition, the District is unable to issue credits from its Priority Reserve to thermal power plants that are necessary to meet the current and future projected electricity needs of the region, to prevent blackouts during peak demand periods, to allow existing power plants to eliminate reliance on once -through cooling and the existing aged higher emitting and less efficient power plants be replaced with new cleaner and more efficient power plants, and to provide necessary peaking power to support increased reliance on renewable energy as will be required by AB32 and other state efforts to reduce greenhouse gases. This legislation will allow such permits to be issued, but will not exempt the projects from CEQA. 501 AQMD Permit Moratorium ram-'' Impact of the Environmental Organizations' Law Suits & Court Order Coachella Valley Association of Governments Energy & Environmental Resources Committee Meeting Thursday, March 12, 2009 Palm Desert, CA Mohsen Nazemi, P.E. Deputy Executive Officer South Coast Air Quality Management District SouthWhat is •. t�a�1 �pQuality. . • District (AQMD)? • Local Air Pollution Control District in Southern California (Counties of LA, Orange, Riverside & San Bernardino) • Population of over 16 million (about half of State's population) • Covers 10,743 sq. miles Los Mgdes JS Rermrdmn Owrge-� Rrversde • Worst air quality in the nation (Ozone & PM 2.5) • Regulates >28,000 Stationary Sources • Over 80,000 permits • Process and receives about 10,000 permits annually 2 Q�l 1 AQMD's Permitting Process • Prior to construction or installation of equipment which releases or controls air emissions, the owner/ operator is required to obtain a written Permit to Construct from AQMD • Major elements of Permitting are: — CEQA Document, if necessary — New Source Review Rules — Toxic Analysis — Public Notice, if required — Other Rules & Regulations G New Source Review (NSR) • Federal Law — The Federal Clean Air Act has NSR requirements for major sources • State Law — The California Clean Air Act has NSR (No Net Increase) requirements for both major and non-maor sources • NSR Requirements — Best Available Control Technology — Air Quality Impact Analysis (Modeling) — Emission Offsets 3 a NN' K When are Emission Offsets Required 1159M-1' Under Federal & State Laws? • Emission Offsets are required for permitting of: — New Facilities & Relocations — Existing Facility Modifications/Expansions by: • Installation of New Equipment • Replacement of Existing Equipment • Modification and/or modernization of existing equipment • However, under AQMD's NSR Rules certain sources are exempt from providing their own offsets, but AQMD still provides the offsets to comply with Federal & State laws. 5 :d Sources Exempt from Offsets under AQMD's NSR Rules (Rule 1309.1 - Priority Reserve) e Essential Public Service — Sewage Treatment facilities; Prison & Police facilities; Fire Fighting facilities; Schools; Hospitals; Construction and operation of a Landfill Gas Control or Processing facility; Water Delivery operations; and Public Transit. • Innovative Technology • Research Operations • Limited Power Plants 5 •. 443 3 M Sources Exempt from Offsets under AQMD's NSR Rules (conYd) (Rule 1304 - Exemptions) • Equipment Replacements • Facility or Equipment Relocations • Emergency Equipment or Operations • Air Pollution Control Strategies • Regulatory Compliance • Concurrent Facility Modification • Small Sources (< 4 Tons per Year) W What Are the Sources of Offsets? • Open Market Credits — Sources shutdown or over -control emissions and apply to and obtain from AQMD Emission Reduction Credits (ERCs) Certificates — ERCs traded between companies for offsets • The AQMD's Offset Credit Bank — Offset credits are emission reductions created from sources which do not obtain ERCs (Orphan Shutdowns) — Offsets are provided by AQMD free of charge to Essential Public Services, Smaller Sources and other exempt sources 8 444 0 W Status of Environmental Organizations' Law Suit Against AQMD in State Court Date Event AQMD Adopted Rule 1315 - Federal NSR Tracking System and August 3, 2007 Amended Rule 1309 1 - Priority Reserve NRDC, CBE, CSA & CCAT filed a law suit in State Superior Court challenging AOMD's adoption of Rule1315 and Rule 1309.1 August 31, 2007 Amendment Judge Ann I. Jones issued a ruling invalidating Adoption of Rule July 28, 2008 1315 and Amendments to Rule 1309.1 based on CEQA AQMD filed a motion with Judge Jones requesting to allow permitting of essential public services and other exempt sources (excluding power plants) to continue while AOMD October 2, 2008 readopts Rule 1315 October 20, 2008 NRDC, at. al. filed a motion in opposition to AQMD's motion Judge Jones issued a final decision denying AQMD's motion and November 3, 2008 approving NRDC's motion AQMD filed an appeal to Judge Jones' decision in the Court of Appeals, November 28, 2008 2nd District . NRDC, at al. filed a cross appeal to Judge Jones' decision in the Cour(J December 18, 2008 of Appeals, 2nd District %- Status of Environmental Organizations' Law Suit Against AQMD in Federal Courtl Date Event NRDC, CBE, CSA & Desert Citizens Against Pollution filed a lawsuit in federal court against August 18, 2008 AQMD to invalidate credits in AQMD's offset bank October 8, 2008 AQMD filed a motion to dismiss NRDC, et.al. lawsuit Court Hearing on motion to dismiss and request for December 11, 2008 intervention. Decision continued. February 2 and 26, Continuation of court hearing on motion to dismiss & and March 19, request for intervention & court's decision on the 2009 motion 10 W As A Result of the State Court WE I Decision • Without AQMD's bank of offset credits: - No essential public service projects can be permitted - No other local government & business permits can be issued • The only remaining option for local government and business is to purchase ERCs in Open Market - Not enough ERCs in the open market - ERCs are expensive and potentially unaffordable 11 [) PM10 ERC Supply & Average G Cost Trends (2000-2008) Supply dropped by 54%since 2000 Cost Increased by 3,755%since 2000 Highest Price of PM10 ERC sold In 2009 was $320,000 per Ib/day, 2,5N Sim WD z,M t,ssa Stao,000 z,aoo St2o.o00 1,500 Et00," !� p t,1Cs ai $eo,aoo S y t.aoo 961 en e � � � ew n aso,oao o m 3 x 5 sw,aao soo tt �* b f azo,000 o A a s 2000 2001 2002 20IXi 2000 2M 20B 2W7 2CW hC of umo 12 440 D" K& Cost of ERCs for Businesses, If AQMD Does not Provide Offset Credits Typical Proiects Cost of ERCs' • Police Station (Emergency Backup Generator) $77,000 • Gas Station $234,000 • Printer (Printing Press) $358,000 • Auto body Shop (Spray Booth) $435,000 • Hospital (Boiler) $1.8 million • Food Processing (Tortilla Fryer & Oven) $1.6 million • Sewage Treatment Plant Expansion $2.4 million • Landfill Gas Recovery (Renewable Energy) $115 million • Power Plants (state-of-the-art) $100-200 million • Based on typical project emissions and average market price or ERCs in 2008109. Individual project emissions and ERC purchase prices may vary on a case -by -case basis. 13 M. Present Status of Permit R-0;J Moratorium • Presently, over 1,100 permits which qualify for offset exemptions under Rules 1309.1 or 1304 cannot be issued without applicants providing ERCs. • Of those, only about a dozen projects have purchased ERCs. • Actions taken by AQMD : — Appealed the State court decision — Initiated work to re -adopt its NSR offset tracking rule (Rule 1315) which was invalidated by State court order — Engaged in Mediation with the Environmental Organizations 14 447 7 Department Report: /—TI / T 'y,�c�F �owyw Hof TO: The Honorable Mayor and Members of the City Council FROM: Bret M. Plumlee, Assistant City Manager, Management Services DATE: March 17, 2009 SUBJECT: Department Report - Response to Public Comment The following public comment was made at the March 3, 2009 City Council meeting: 1. Cristina Deniel, 79-860 Pecan Valley, spoke regarding two items She stated she had observed four Sheriff Deputies on motorcycles sitting at the traffic circle on Avenue 52 and Jefferson Street, as traffic was exiting the SilverRock Resort following the Bob Hope Chrysler Classic event. She suggested they should have been directing traffic. Secondly she addressed there has been firing of automatic weapons and shooting at night at the Coral Mountain firing range at the south end of the City. She thought there were restrictions to using automatic weapons as well as shooting at night. The Mayor thanked Ms. Deniel for her comments. He indicated certain conditions had been implemented at the firing range; however it is on County property where the City has no jurisdiction. The City will be in conversation with the Sheriff's office regarding her concerns. Council Member Kirk commented on the use of police presence at the Bob Hope Chrysler Classic. He stated our officers do a fantastic job, but possibly helping with the flow of traffic would have been a better use of their time. • • • /-3 c% 4 4 Qumro MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Douglas R. Evans, Assistant Cit Manager — Development Services DATE: March 17, 2009 SUBJECT: Quarterly Marketing Report Per the City's contract with Kiner Communications, a Quarterly Marketing Report for Fiscal Year 2008/2009 is attached. 449 U • K 1 n e r C o m m u n 1 C a t i 0 n s Quarterly Marketing Report City of La Quinta Marketing Plan Implemented by Kiner Communications March 17, 2009 COMPLETED: 2009 City Calendar — Completed design and production of 2009 City Calendar, which was mailed to La Quinta residents in November 2008. Bob Hope Chrysler Classic Pairings Sheet Ad — Designed City of La Quinta ad for the Bob Hope Chrysler Classic Pairings Sheet highlighting stay/play & shop/dine message. (See attached) Village Cooperative Marketing Program — Secured, coordinated, managed and implemented a cooperative plan with Village partners (Old Town La Quinta, SilverRock Resort, Embassy Suites La Quinta, and La Quinta Resort & Club) to advertise during key Valley events located in or near La Quinta, including: the Skins Game; the HITS horse hunter/jumper series in Thermal which draws 25,000 people from January through March; the Bob Hope Chrysler Classic, and; the BNP Paribas Tennis Open. Ads showcased the charm and vitality of the Village and featured it as a shopping, dining, golfing, and hospitality destination "...just minutes away" from each event. (See attached) Going Green Community Workshop Ad — Created a cooperative ad promoting the "Going Green Community Workshop" held in December 2008 in conjunction Imperial Irrigation District, Coachella Valley Water District, and Burrtec Waste & Recycling. (See attached) 450 Winter City Newsletter — Wrote, designed, printed, and mailed winter newsletter which ® highlighted a local economy message, ways to enjoy La Quinta on a budget, road improvements, the new fire station, and the La Quinta Arts Festival. (See attached) Public Relations — Wrote and distributed press releases regarding the Golden Guardian exercise, Going Green Workshop, Trails Day, the La Quinta Youth Festival, and a CERT training course, as well as press releases on a variety of February community events and classes. Conducted extensive media follow-up for the Last Stand exhibit at the La Quinta Museum — securing a 3-minute segment on the Museum featured on CBS-2's Eye on the Desert. (See attached) Annual Financial Management Review Cover — Designed cover for City's Financial Review that families with its Marketing and Economic Development Plans. (See attached) Hotel Cooperative Marketing Program — Reviewed and reported on final results of the Journey TV cooperative marketing program. Met with hotel partners to explore cooperative marketing strategies for the remaining fiscal year. Researched and developed online pay -per -click cooperative marketing program with hotels. Presented to City Council for approval and program will be launched April 1, 2009. Community Calendar Brochure — Designed, wrote, printed, and coordinated distribution of the Community Calendar Brochure for the City, highlighting events in the area from January -June, 2009. Brochure will be distributed at racks in 167 hotels and visitor's centers in the region. (See attached) Marketing Requests Agenda Item — Consulted on criteria for reviewing City marketing requests via the Community Services Grants Program, and attended Council meeting to assist with any potential questions as part of the La Quinta Marketing Committee. 40 451 ® INPROGRESS. New Tourism Website — Developed design for PlayInLaQuinta.com. In final stages of building the website to launch this spring in conjunction with online pay -per -click program with La Quinta hotels Shopping Map — Researched La Quinta businesses and compiled a list of those appropriate to be featured on a shopping and dining map of the City. Currently finalizing design and building the map to be interactive on the P1ayInLaQuinta.com website and to be offered as printed version as well. Spring Events Marketing Campaign — Developing design and creative approach for spring advertising campaign geared towards promoting upcoming key events in La Quinta, such as the Chamber of Commerce Car Show, Art Under the Umbrellas, the City Picnic, Certified Farmer's Market, First Fridays at the Museum, and Movies in the Park. The goal is to attract more people to shop, dine, play, and stay in La Quinta. Spring Newsletter — Collecting concept and beginning design of spring newsletter. Will highlight the City Picnic, a feature trails article, SilverRock Resort, Movies in the Park, a commercial update, and more. • 452 Welcome to IV-1 La uinta Enjoy your stay. -- -- i L r RESORT & CLUB c�'- eoeg? ,.. LA QUINTA RESORT R La QUinta VIllageis jvar momenaway + Stroll through Civic Center Campus, featuring a lake with a geyser, a gazebo and public art • Explore exhibits and watch a local artist paint at the Is, Quinta Museum; 77-885 Avenida Montezuma ' www.la-quinta.org • 760.717.1108 • This legendary property opened in 1926 has been a Hollywood hideaway • The 45-acre resort offers luxurious casitas and suites, five golf courses at the Resort and nearby PGA WES P, 23 tennis courts, seven restaurants and more • Relax and rejuvenate at Spa La QuintaO, as well as ga pools and 53 hot spas www.laquintaresort.com • 800.598.3828 • A home course of the Bob Hope Chrysler Classac '`'"' ' • Immaculate course conditions and GPS golf carts • Beautiful outdoor patio dining area and grill EMBASSY SUITES LA QUINTA Embassy Suites La Quints, offers beautiful mountain views, spacious casitas and a world -class spa • Ask for the HITS rate! • Full cook -to -order breakfast • Manager's reception everyday — Guests enjoy free drinks &. food; 5=30-7:30 • Special Offer - Cafe LQ- Buy one entree, get the second half off • Spa Hibiscus - Sports Massage ;D.00 . dd Through 3/28/og EmbassySuiteslaQuintaHoteLkudSpa. com 760.777.1711 TOLDtiQUAhli;: o- ns�����8 la�iun `. + P^w 1 i, � 1 LIN MPZPiLPY P ENVf 0 CALLE iG M1IPICO f y `J' 777 s %r > EMBASSY SUITES LA QUINTA Embassy Suites La Quinta offers beautiful mountain views, spacious casitas and a world -class spa • Full cook -to -order breakfast • Manager's reception everyday — Guests enjoy free S s drinks &. food, 5:30-7:3OPm * Spa Hibiscus — Spacation, Package: Swedish Massage - 50 minutes, Refresher Facial - 50 minutes, TIIDIS�Ui 77 ` S Spa Manicure, Spa Pedicure (includes tax & gratuity) $299.00 Expires April 30, 20,09 - w .laquinta.embassysuites.com• 76o.777.171I +LJ EMBASSY SUITE89 _.. leflliota-NotefiSpa *o. NOSTMARR 459 RESORT & CW8 Enhance your game from America's most successful Davis Cup Captain. Tom Gorman, Director of Tennis at 1a Quinta Resort & Club led Davis Cup teams that included Andre Agassi, Michael Chang, Jim Courier, John McEnroe, and Pete Sampras. Discover a place winter cannot touch. Enjoy $3 courts and personalized instruction from T6m and his USPTA certified staff. Visit BE 1 mot. 'N OLD TOWN LA QUINTA Old Town La Quints is the shopping & dining district at the heart of the La Quints, Village • Boutique shops, restaurants, spa & salon services, gourmet coffee, wine bar, art and more • Certified Farmer's Market every Sunday, 8:00 a.m. - 12:30 p.m. • Shop, stroll & dine while surrounded by breathtaking mountain -& vUiage views w .oldtownlaquinta.eorn • 76o.771•?770 ` 461 Going Green Community Workshop La Quinta City Hall Thursday, December 4, 2008 Drop in anytime between 4:00 p.m. and 8:00 p.m. (Free of Charge) ` `' Z ' lip• Green" has gone global, so how can you bring it to the epicenter of your world? \,! ' The City of La Quinta, along with its local energy and conservation partners, r�., are sponsoring a special event to help bring "green" into your life. V Don't Miss the Opportunity to: • Discover how "going green" can save you money • Meet representatives from the electric, water, and trash/recycling ` companies as well as The gas Company rti r. • Make a voluntary pledge to help conserve resources •1 .3L� fi i'-_ °.° - • Take advantage of discounts on energy and water saving products Learn from Community Energy & Conservation Partners: CVWD - CONSERVE WATER Weather -Based irrigation Controller • Ensure efficient irrigation and avoid beer -watering • Install an irrigation device ("smart controller) • Purchase irrigation device for a reduced rate Landscape Water Management Program. • Replace lawn and water -consuming plants with beautiful native and drought -tolerant plants • Get assistance with design, conversion, and cost Imperial Inigation District Protecting the flow of progress, y BURRTEC WASTESRECMLflMSERWCES [ID - SAVE ENERGY Inspector Energy Program - Have your home or business inspected and get advice for improving energy use Energy Star Rebates - Receive rebates on energy efficient ENERGY SPAR products SwingShift Program - Receive incentives for curtailing energy use during peak demand times: sign up, save energy and enjoy benefits' Energy Efficiency for Businesses - Leam about the numerous programs to Improve your bottom line and help protect our environment cot" aaurcy wiX.Pl.: el qiP1e0"gUtK"youAN •��'i"a. 3.K �.f r Tips to save fuel • Disposing of batteries. light bulbs. and electronics safely • Fun enviro-facts • Ways to save money and be kind to the environment F more nfnrmation on this event, please call (760) 777-70: BURRTEC - RECYCLE SMART Learn about: • What can and cart be recycled in your household and yard • The Sharps program and how to safely dispose of needles, syringes, and other sharp devices • Free recycling for businesses • Coordinating recycling at large venues and special events • Recycling consbucdon/demolition projects and debris diversion F". I I -------- - 6E4 tt *c VWSER-r 462 m� CITYRE PORT Winter 2008-2009 City of La Quinta Evaluating Local Economic Impacts The economy is weighing heavily on everyone's minds these days, including the leaders of the City of La Quinta. While sales tax and transient occupancy tax (T.O.T. or hotel tax) have been on the decline, they have not been down in the City of La Quinta to the extent of the statewide average. And because the City has planned conservatively for difficult times such as these, the tax revenue decreases are just something to monitor at this time and take into account during the City's upcoming Mid -Year Review. At the City Council meeting of February 17th, the City Council will go over Council goals and its Annual Financial Management Review. The City will discuss its financial position in more detail at this time, as well as potential ways it can help stimulate the local economy. The City's proactive economic development efforts are focused on bringing people into La Quinta to shop, ding, stay, and play. A new tourism website, PlaylnLaQuinta.com, will be launched this spring. The City is working closely with local hotels and businesses to promote La Quinta as an exceptional destination. And, the City will continue its investment in capital projects, which generate jobs and will provide adequate roads and facilities for residents and visitors. 10 With the sound fiscal policies the City has put into place, it will be able to weather the financial storm. New Fire Station and City Yard Coming Soon Phase I of the City Yard and Fire Station 32 project is scheduled to start the beginning of summer 2009. This project is estimated to cost 6.8 million dollars and will include a new 8,000 sq. ft. fire station and improvements to the City Yard. Dominy & Associates will be the architects for the project which is expected to be completed ten months after its start date. La Ouinta City Council has approved a sustainable design for the building and its surrounding landscape. The new Fire Station 32 will be located at Avenue 52 and Desert Club Drive where a new traffic signal will be installed. The location will improve emergency response time to its current service area of the La Quinta Cove and central La Quinta. Funding for Station 32 is coming from the La Quinta Fire Trust Fund. Improvements to the City Yard will increase efficiency in maintenance services. City Yard staff will be moved from their current trailers to the old fire station building once the new station is completed. Road Report Watch for the latest traffic improvements in La Quinta: Highway 111 —The expansion of this main artery through the City takes it to three lanes o travel in each direction. Highway 111 will be wid to six lanes from Washington Street to the wes Limits. This expansion, which is scheduled to b will also include stabilizing the rock face on the the La Quinta Cliff House. Fred Waring — Currently in progress is the widening of Fred Waring between Washington and Adams, opening the stretch up to three lanes. Once Riverside County finishes widening the north side of Fred Waring, which is within its jurisdiction, the City plans to have six lanes from Washington to Jefferson. Fred Waring and Palm Royal —A traffic signal will be added at this intersection within the next month, which will help with the school traffic congestion in that area. Avenue 52 —The bridge is being widened over the Coachella Canal, allowing for two lanes of traffic over the bridge. Avenue 50 — Sound walls will be built in front of Lago La Quinta and the Villas of La Quinta, beginning in March. Cove Street Signs — This project will replace street signs at all intersections in the Cove with diamond grade reflective material — making them more visible at night. 11 Y MEN-iU CITY AND CVWD LAUNCH REBATE PROGRAM EXCLUSIVE TO LA QUINTA Transform your yard from the traditional turf to a desert dream — and get a rebate to do it! The Coachella Valley Water District (CVWD) has partnered with the City to launch a new pilot program exclusively available to La Ouinta residents. Known as the Cooperative Landscape Water Management Program, this opportunity gives homeowners a chance to earn a rebate of $1.50 per sq. ft, of grass removed, up to $1,000! Interested homeowners must be pre -qualified for the program, which includes inspections "before" and "after" the land- scaping is converted. Think desert landscaping is downright drab? It has come a long way! The City and CVWD have hired a landscape designer — RGA Landscape Architects — to create sample renderings and landscape plans for La 0uinta-style homes to help homeowners REDUCE, REUSE & RECYCLE: BEING WISE IN WASTE envision just how beautiful their new land scaping can be. Plus, CVWD also has a resource called Lush & Efficient Landscape Gardening in the Coachella Valley — a book and CD-ROM set sold for $15. The guide, along with sample yard renderings and an application for the program, can be found on CVWD's website under the Conservation tab. Not only will this rebate put money in your pocket, but you'll see return -on -investment in your water bills, as well! Go online for your application today. (760) 398-2651 • www.cvwd.org Did you know that if every La Quinta resident reduced their weekly trash by just one pound per week, we could reduce the amount of trash disposed at landfills by 2,200,816 pounds per year? That's over 1,1 10 tonsl REDUCE. When purchasing Items, take notice of the packaging as many Items aro ovor•pockogod, look for alternatives with less wnotnful packagin0. RC1131, Mnny Itnnln IInIIl0In pI0h11B, glnoo no motal containers which pan bn wtlllhnd unll HI(tndtl In utolo othur Itums or for arts and crafts ptrll(ItIVI! 11101111 Wool ihlnt you gn to tho trash can, stop and think "Can 1111,1 ho Int y( Jody" Mink how much lighter your trash can would be if Wm I,hnply t1Inyclud your newspaper everyday. he nhrl(I Intutmnflun on waste programs, such as the Sharps tirffn tIP,IkJ;ut( I'rogmm or the FREE Commercial Recycling Program, contd(Y 1101f10C. BURRTEC WASM 6 RECYCLING SERVICES 340.2113 knr4nrelacart rnm Before Desert Landscape Improvements After Desert Landscape Improvements IID'S PROGRAMS AND TIPS MAKE ENERGY EFFICIENCIES EASY Here are some bright ideas! Imperial Irrigation District offers programs and tips to help its customers lower their energy bills as well as help the environment. Energy Star Rebates IID's Energy Residential Rebate Program promolos the use of ENERGY STAR® products. 0ualifying product categories Include; • ENERGY STAR® qualified refrigerators, programmable thermostats, room air conditionore, dual pnnn whtdowil, TVs, and computers • Energy -efficient central air condltionom and host pumps Rebate funding is Ilmited. Applications for rebates totaling $2,500 or more require pro -approval. CFL Lighting Saving money Is as easy as flipping the switch. ENERGY STAR® qualified compact fluorescent light bulbs (CFL) produce just as much light as an incandescent bulb but at a much cooler temperature. CFL's use 66 percent less energy and u 100141211 last up to 10 times longer. They can be used almost • anywhere standard Incandescent bulbs are used. Switching out your 100 watt light bulb with a 32 watt CFL will save you as much as $30 in energy costs over the life of the bulbl e6a Quckia P.O. Box 1504 La Quints, CA 92247-1504 CONTACT US Please feel free to contact us with any questions regarding information presented in this newsletter: City of La Quinta Office of the City Manager Phone: (760) 777-7108 Email: contactus@la-quinta.org PRESORTED STANDARD U.S POSTAGE PAID PALM DESERT, CA PERMIT NO. t49 ECRWSS Postal Patron La Quints, CA 92253 City of La Quinta Premier Sponsor of La Quinta Arts Festival Excitement is building for the 27th Annual La Quinta Arts Festival coming up next month, for which the City of La Quinta is proud to be the premier sponsor. The Festival was recently named #8 in the nation in Ari Fair Source Book's 2009 rankings of fine art festivals, and attracts art patrons and visitors from across the country. Only two California festivals, La Quinta Arts Festival and Sausalito Art Festival, ranked in the top 25. Produced by the La Quinta Arts Foundation (LOAF), the award -winning Festival draws over 900 applications from acclaimed artists in disciplines ranging from sculpture, painting, and jewelry to fine craft, photography, textile and more. The esteemed jury panel — com- prised of 37 educators, museum curators and professional artists — were challenged to narrow the field to just the top 250 artists invited to participate. The 2009 La Quinta Arts Festival is set for March 12-15, 2009. Hours are 10 am to 5 pm daily. Ticket prices are: Single Day Admission - $12; Multi -Day Pass - $15; Children under 12 - Free. FREE parking available. For more information, go to www.lgaf.com. The La Quinta community is invited to attend this fine and festive event. Whether you are a passionate art collector or just simply want to enjoy the sights, the La Quinta Arts• Festival is an affair you won't want to miss! i - eem OO, PF5LRT - Media Contact: Heather McMahan (760) 773-0290 ext 240 Free weekend at the La Quinta Museum (La Quinta, CA) — December 23, 2009 — The City of La Quinta's newest attraction, the La Quinta Museum, is hosting an extraordinary temporary exhibition from the National Geographic Museum. This must -see exhibition, titled "Last Stand: America's Virgin Lands," showcases unique images that document and capture the essence of America's endangered wilderness area. On January 3r1 and 4th, the final weekend of the exhibit, it is free to the public. "Last Stand: America's Virgin Lands" features 57 works that are drawn from a National Geographic book of the same name by award -winning photographer Annie Griffiths Belt and noted author Barbara Kingsolver. Belt's images take viewers from the tall -grass prairies of Kansas to the Arctic tundra of Alaska — bearing passionate witness to our remaining few wildernesses and reminding us why they should be preserved. Cost for the exhibition is $7.00 for adults 18 and older, and free -of -charge for members of the La Quinta Historical Society. "Last Stand: America's Virgin Lands" is organized, produced, and traveled by the National Geographic Museum. In addition to the National Geographic Museum exhibition, the La Quinta Museum has a number of other exciting programs and exhibitions. "The History of Food in La Quinta," located on the first floor gallery, explores the evolution of food in La Quinta through local plants and animals, Cahuilla cooking, agricultural changes and luxury, and the modern diet. Also of interest is the Museum's masterpiece -in -progress — a mural by Andre Blanche depicting some of La Quinta's most significant landmarks and historical milestones. Museum guests can come to the museum and watch Blanche at work. For more information, call (760) 564-1283. The La Quinta Museum is located at 77-885 Avenida Montezuma. Hours of operation are Wednesday -Saturday, 10:00 a.m. to 4:00 p.m. and Sunday, 1:00-4:00 p.m. The new La Quinta Museum opened on May 24, 2008. The new building includes archives, a research area, a catering kitchen, three galleries, a museum store, a stunning courtyard, and a multipurpose room. The two-story Spanish Colonial Revival style building will host local and traveling exhibits, programs, lectures, and cultural activities. The 9,000 square foot expansion was a project of the City of La Quinta. The National Geographic Museum produces exhibitions based on National Geographic projects and research, which are displayed at the Society's headquarters in Washington, D.C., and travel to museums around the world. National Geographic exhibitions reflect the richness and diversity .. 467 of our world while supporting the Society's mission to inspire people to care about the planet. For more information on the National Geographic Museum, visit ngmuseum.org. 468 —GEM of the DESERT — FOR IMMEDIATE RELEASE December 2, 2008 Learn How to Save the Environment, and Money, at La Quinta's Free Going Green Workshop WHAT: Going Green Community Workshop WHEN: Thursday, December 4, 2008 4:00 — 8:OOPM WHERE: La Quinta City Hall — Study Session Room (corner of Washington and Calle Tampico in La Quinta) COST: FREE CONTACT: 760-777-7120 DETAILS: The City of La Quinta is partnering with four community and conservation partners for the event — the Coachella Valley Water District, Imperial Irrigation District, Burrtec Waste and Southern California Gas Company. Talk to the experts, meet city staff, and take advantage of discounts on water and energy saving products and come away with great tips to "Go Green!" La Quinta invites participants to take a pledge and be kind to the environment ...and save money as an added benefit. 469 WNW,� to Qai tkv GCM Mth, OrSLRT - Media Contact: Heather McMahan (760) 773-0290 ext 240 La Quinta Museum to Host National Geographic Exhibition and Fall Events (La Quinta, CA) The City of La Quinta's newest attraction, the La Quinta Museum, is hosting an extraordinary temporary exhibition from the National Geographic Museum. This must -see exhibition, titled "Last Stand: America's Virgin Lands," showcases unique images that document and capture the essence of America's endangered wilderness area. "Last Stand: America's Virgin Lands" will run through January 4, 2009. The 57 works are drawn from a National Geographic book of the same name by award -winning photographer Annie Griffiths Belt and noted author Barbara Kingsolver. Belt's images take viewers from the tall -grass prairies of Kansas to the Arctic tundra of Alaska — bearing passionate witness to our remaining few wildernesses and reminding us why they should be preserved. Cost for the exhibition is $7.00 for adults 18 and older, and free -of -charge for members of the La Quinta Historical Society. "Last Stand: America's Virgin Lands" is organized, produced, and traveled by the National Geographic Museum. In addition to the National Geographic Museum exhibition, the La Quinta Museum has a number of other exciting programs and exhibitions this fall. "The History of Food in La Quinta," located on the first floor gallery, explores the evolution of food in La Quinta through local plants and animals, Cahuilla cooking, agricultural changes and luxury, and the modern diet. Also of interest is the Museum's masterpiece -in -progress — a mural by Andre Blanche depicting some of La Quinta's most significant landmarks and historical milestones. Museum guests can come to the museum and watch Blanche at work. Special events such as Storytime for preschoolers on November 5, and First Fridays, a free event the first Friday of each month featuring music and light refreshments, round out the many things to enjoy at the La Quinta Museum. For more information, call (760) 564-1283. The La Quinta Museum is located at 77-885 Avenida Montezuma. Hours of operation are Wednesday -Saturday, 10:00 a.m. to 4:00 p.m. and Sunday, 1:00-4:00 p.m. The new La Quinta Museum opened on May 24, 200& The new building includes archives, a research area, a catering kitchen, three galleries, a museum store, a stunning courtyard, and a multipurpose room. The two-story Spanish Colonial Revival style building will host local and traveling exhibits, programs, lectures, and cultural activities. The 9,000 square foot expansion was a project of the City of La Quinta. 470 The National Geographic Museum produces exhibitions based on National Geographic projects and research, which are displayed at the Society's headquarters in Washington, D.C., and travel to museums around the world. National Geographic exhibitions reflect the richness and diversity of our world while supporting the Society's mission to inspire people to care about the planet. For more information on the National Geographic Museum, visit ngmuseum.org. 471 s ta FOR IMMEDIATE RELEASE Contact November 25, 2009 Heather McMahan Kiner Communications 760.773.0290 ext 240 FREE TO THE PUBLIC "GOING GREEN" COMMUNITY WORKSHOP TO BE HELD IN LA OUINTA La Quinta, CA— On Thursday, December 4, 2008, the community is invited to attend a free Going Green Workshop hosted by the city of La Quinta. The workshop will be held in the La Quinta City Hall, Study Session Room, from 4-8 p.m. and will offer a variety of programs on how to conserve water, save energy, and recycle smart. The city of La Quinta is partnering with four community and conservation partners for the event - Coachella Valley Water District, Imperial Irrigation District, Burrtec Waste and Recycling services as well as Southern California Gas Company. The Coachella Valley Water District will focus on tips for conserving water. Converting the landscaping of your residence by replacing water -consuming plants with beautiful native and drought -tolerant plants, or using a weather -based irrigation controller to ensure efficient irrigation are just some of the highlights of the workshop. Imperial Irrigation District will be on hand with many tips on saving energy. Some tips that will be discussed are: where to get Energy Star products and how to receive rebates, energy efficiency for businesses and how to improve your bottom line and protect the environment, and how to identify which energy saving programs will work for your lifestyle and save you money. Burrtec Waste and Recycling will focus on how to recycle smart. Learn about free commercial recycling, how to safely dispose of needles and other sharp devices and batteries, and how to coordinate recycling at large venues and special events. Talk to the experts, meet city staff, take advantage of discounts on water and energy saving products, and come away with great tips to "go green." La Quinta invites you take a pledge to be kind to the environment... and save money as an added benefit. The La Quinta City Hall is located at 78-495 Calle Tampico, on the comer of Washington and Calle Tampico in La Quinta. For more information on the workshop, call (760) 777-7120. 472 �j taa�� — GEM aJt4 DESERT — FOR IMMEDIATE RELEASE THE CITY OF LA OUINTA PREPARES FOR MAJOR EARTHQUAKE BY PARTICIPATING IN THE GOLDEN GUARDIAN 2008 EXERCISE La Quinta, CA November 12, 2008 — The City of La Quinta will be participating in the Golden Guardian 2008 Exercise which will test the capability of government to respond to a major disaster. This exercise will take place on November 13' from loam to 6pm and runs in conjunction with ShakeOut 2008. Over 5 million people in Southern Californian will take part in ShakeOut, the nation's largest state sponsored emergency exercise. It is the largest earthquake preparedness exercise event undertaken in the United States. The Golden Guardian runs concurrent with ShakeOut and will test California's capability to respond and recover during a major catastrophic event. The exercise will be based on a 7.8 magnitude earthquake on the San Andreas Fault. The City will activate its new, state of the art Emergency Operations Center (EOC) with city staff, volunteers, and allied agencies during the day long event. City staff and volunteers have been receiving training for the past year in preparation for a real disaster. A full evaluation will take place after the exercise is complete. In addition, on November 15'", the La Quinta Community Emergency Response Team (CERT), along with other local CERT teams will practice medical triage, first aid, fire fighting with fire extinguishers, light searches, and rescue/communications. This exercise will enable CERT members to work with others with similar skills learned in the 20 hour FEMA CART program. The City is accepting applications for those interested in volunteering as official CERT members. The City of La Quinta's EOC will be activated and open to the media for footage or photography opportunities and interviews the day of the event. For additional information: Heather McMahan, Kiner Communications 760.773.0290 ext240 473 p _ i� ta Qa�t — GEiM cfthe DESERP — FOR IMMEDIATE RELEASE November 7, 2008 Contact: Heather McMahan Kiner Communications 760.773.0290 x240 CERTIFIED FARMERS MARKET COMES TO LA OUINTA Food -based community event will feature seasonal produce, fresh flowers and local farmers La Quinta, CA — This Sunday, November 9`h, Old Town La Quinta will be hosting a Certified Farmers Market from 8:OOAM to 12:30PM. This is the first of a weekly community event that will take place every Sunday through May 17, 2009. This food -based event will feature seasonal produce, fresh flowers and entertainment. Local farmers, chef demonstrations, and vendors will also be on hand to help teach and educate about different items showcased. Also, the City of La Quinta, in partnership with Burrtec, will be giving away premium quality tote bags to all who attend. They are 100% reusable and recyclable. The Certified Farmers Market is an event designed to create synergy and benefit both the people and the community. It is sponsored in part by Old Town La Quinta and the City of La Quinta. All ages are welcome to attend. Old Town La Quinta is located in the La Quinta Village. Go south on Washington Street and turn right on Calle Tampico (Old Town is located between Desert Club and Avenida Bermudas). 474 3 taa�� — GEM nJth, DESERT — FOR IMMEDIATE RELEASE NOVEMBER 13, 2008 THE CITY OF LA QUINTA INVITES YOU TO ENJOY LA QUINTA TRAILS DAY WHAT: La Quinta Trails Day WHEN: Saturday, November 15, 2008 8 am - noon WHERE: La Quinta Cove Oasis (Top of the cove, corner of Madero and Tecate) COST: FREE CONTACT: 760-777-7090 DETAILS: Beginning at 8am, participants can go on guided hikes (8am, 9am, 1 Oam and I I am) or try their hand at Geocaching. The Living Desert will be giving outdoor education sessions, and there will be several information booths with community information. Special guest, Philip Ferranti, author of 140 Great Hikes in and near Palm Springs will be doing a book signing at 9:30am as well as a slideshow presentation at the Senior Center at 8:30am. In the evening, Stargazing at the Cove Oasis will begin at 6:00pm. 475 — GEM cfthe DESERT — FOR IMMEDIATE RELEASE October 29, 2008 Contact: Heather McMahan Kiner Communications 760.773.0290 ext 240 THE CITY OF LA QUINTA HOSTS A DAY OF HIKING, OUTDOOR EDUCATION, STARGAZING AND MORE The City of La Quinta is hosting a day of outdoor activities and all community members are invited to participate in this year's La Quinta Trails Day, which is taking place on November 15th at the La Quinta Cove Oasis. Beginning at 8am, participants can go on guided hikes (8am, 9am, 1 Oam and 11 am) or try their hand at Geocaching. The Living Desert will be giving outdoor education sessions, and there will be several information booths with community information. Special guest, Philip Ferranti, author of 140 Great Hikes in and near Palm Springs will be doing a slideshow presentation at the Senior Center at 8:30am and a book signing at 9:30am at the Cove Oasis. In the evening, a Stargazing presentation will take place at 4:OOpm at the La Quinta Museum and will continue at the Cove Oasis at 6:OOpm. La Quinta Trails Day is from 8:OOam — noon and free to attend. The event takes place at the La Quinta Cove Oasis, top of the cove, corner of Madero and Tecate. All ages are welcome. Come out to enjoy a hike, search for a cache, view the stars through a telescope and take advantage of the natural resources La Quinta has to offer. For more information, please contact La Quinta's Community Services Department at (760) 777-7090. 476 478 MARCH 17 APRIL 7 APRIL 3 APRIL 16 APRIL 21 APRIL 22 APRIL 25 MAY 5 MAY 8 MAY 19 DEPARTMENT REPORT: 3-A CITY COUNCIUS UPCOMING EVENTS CITY COUNCIL MEETING CITY COUNCIL MEETING Is' FRIDAY AT LA QUINTA MUSEUM — AN EVENING IN PARIS AN EVENING WITH FRIENDS AT THE LA QUINTA LIBRARY — TEHANI DANCING EVENT CITY COUNCIL MEETING GREEN COMMUNITY MEETING AT THE LA QUINTA MUSEUM CITY'S BIRTHDAY PARTY AND COMMUNITY PICNIC CITY COUNCIL MEETING OPEN AIR CINEMA CITY COUNCIL MEETING 4 7 ;1 LA QUINTA CITY COUNCIL MONTHLY CALENDAR March 2009 ... ... 1 2 3 4 5 6 7 3:00 PM City Council 10:00 AM ALRC Meeting 8 9 10 11 12 13 14 10:00 AM Pub. Sfty-Kirk 7:00 PM Planning 9:00 AM RCTC 9:30 AM Animal Campus. 12:00 PM Tramp Kirk Commission Henderson Franklin 3:01] PM Mans. 4:30 PM Investment 11:00 AM CVCC-Sniff Conversancy Kirk Advisory Board 12:00 PM Energyf 5:30 PM Community Environ -Sniff Services Commission 6:00 PM League - Henderson La Quints Arts Festival 15 16 17 18 19 20 21 3:00 PM City Council 10:00 AM Homelessness 3:00 PM Historic Preset 9:00 AM CVA-Henderson Meeting Corte. Franklin vation Com umion 12:00 PM HCRC-Franklin 4:00 PM J.Cochran Airport Franklin la Qmnta Arts Festival 22 23 24 25 26 27 28 10:30 AM RCTC Budget - 7:00 PM Planning 12:00 PM Sunline-Adolph 9:00 AM LAFC0- Henderson Commission Henderson 29 30 31 6:00 PM Exec Come. February L272 Adolph S M T W T F S F S 12 3 4 5 6 7 3 4 11 8 9 10 11 12 13 14 177 18 15 16 17 18 19 20 21 24 25 22 23 24 25 26 27 28 Printed by Calendar Creator Plus on 3/11/2009 .. 480 LA QUINTA CITY COUNCIL MONTHLY CALENDAR April 2009 Sunday Monday Tuesday: Wednesday Thursday Friday Saturday 1 2 3 4 March 10:00 AM ALRC 12:00 PM Mayor's Lunch S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 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 Energyl 4:30 PM Investment Enviren: Sniff Advisory Board 12 13 14 15 16 17 18 10:00 AM Pub. Sity-Kuk 7:00 PM Planning 10:00 AM Homelessness 3:00 PM Historic Preser 9:00 AM CVA Henderson 12:00 PM Transp Kirk Commission Cmte: Franklin vatien Commission 5:30 PM Community 12:00 PM HCRC Franklin Services Commission 6:00 PM League Henderson 19 20 21 22 23 24 25 3:00 PM City Council 12:00 PM Sunline Adolph 9:00 AM LAFCO. Meeting Henderson 46 City Birthday Party & Community Picnic 26 27 28 29 30 10:30 AM RCTC Budget 7:00 PM Planning May Henderson Commission S M T W T F S 6:00 PM Exec Come. I 2 Adolph 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Printed by Calendar Creator Plus on 3/11/2009 481 LA QUINTA CITY COUNCIL MONTHLY CALENDAR May 2009 MondaySunday .. Wednesday ..y Friday Saturday 1 2 Happy Birthday La Ouinta 127th1 3 4 5 6 7 8 9 3:00 PM City Council 10:00 AM ALBC Meeting 10 11 12 13 14 15 16 10:00 AM Pub. Shy Kirk 7:00 PM Planning 9:00 AM BCTC 9:30 AM Animal Campus 9:00 AM CIA Henderson 12:00 PM Transp Kirk Commission Henderson Franklin 3:00 PM Mons. 4:30 PM Investment 11:00 AM CVCC-Sniff Consversancy-Kirk Advisory Board 12:00 PM Energy/ 5:30 PM Community Envnon.-Sniff Services Commission 6:00 PM League - Henderson 17 18 19 20 21 22 23 3:00 PM City Council 10:00 AM Homelessness 3:00 PM Historic Preser Meeting Cmoe:Franklin vation Commission 12.00 PM HCBCGFranklin 4:00 PM J.Cochran Airport -Franklin 24 25 26 27 28 29 30 7:00 PM Planning 12:00 PM Sardine Adolph 9:00 AM LAFCO- Commission Henderson Memorial Day (CITY HALL CLOSE0) 31 April June S M T W T F S S M T W T F S 1 2 3 4 1 2 3 4 5 6 5 6 7 8 9 10 11 7 8 9 10 11 12 13 12 13 14 15 16 17 IS 14 15 16 17 18 19 29 19 20 21 22 23 24 25 21 22 23 24 25 26 27 26 27 28 29 30 28 29 30 Printed by Calendar Creator Plus on 3/1112009 432 DEPARTMENT REPORT: Tilf 4 4 a" TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety DATE: March 17, 2009 RE: Department Report — February, 2009 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of February. The statistical summaries depict the following highlights: • Year-to-date building permit valuation is $4,632,107 which represents an issuance of 85 building permits in February; • Animal Control handled 316 cases in February; • Code Compliance initiated 291 cases in February; • Garage sale permits generated $1050 in revenue in February. 4,33 N a� I I Y1 r ri O O I I . . . . m. I(1 O. M M O O. O. m. O. IfM. r m. O. O. m I m I O M M N'i r 1(1 b V) O m O r O b tD N Q O O N I w 1 m b r M Q Q m M N N Q IA M 'i O m m m O O M 1 [�j I Q m VI 'i M O ri VI m'i M M m N VI N Q M N b I W I ei fi Q rl M M Q 1(1 N ri I I N I HI I I I ON ei Mm Q.1%OI(1 rlO N N uiOOOO.i RRR 1 Q r O O I(1 Q m M 1(1 % M V r m M O Q lD O N I O m m O M N H r M m m N m O O Q M F m N b r V1 N N Yl ri ry a I r✓ m HN N m Q m a w i m 1O 1O a w I a % I j�j F{ I rl M .i rl O r .i N I I 1 m I MbrIOMr.i In HlnQQmMrin Q.imM.im a i M N H M a I I I 1 1 1 I 'i m N O O m O O O O O m m Q O O O O 10 O O N I I N Q r r m N O m N m M M O m I I N mO N M ul O I(1m O r % N M 1 I M N N N ri m m 1 I N I I I I I $ I I fi I b r Q o 0 0 o O o V o 0 0 0 Q o o O o o N ❑ 'J Q m m o 0 W Q o 0 o O m N o ON N Q M 0.7 I mrnrno m .I M oo.a Qr Q o r .I 4 I N bm1(1 m 1 m M m r O1(1N QN N N Q I(1 H1I1 N M. Q 10 r N Q a a 1 N b H HNO N a H a I F m 1 N N M ri e1 Q I W$ 1 r♦ I I I W I I a I I(1 .i .i 'i o m o M o M rl N .i 10 I(1 N ri O Q ri O IA W V H W W % m F H F a o a m WWQx�oWm WM OHa W 9LG (�m]?aE tag W EI] m OIN ma WNW ut -. a p WN O a. 1 Wxlq�LG m UC WH WW Iz H U' [A6 t5 U' a OH 11 g I L5 W H H U H gy w gry w 1 a H ,gy � QQ WWW ooa as o (yH0 a am UqA W mU' £ E W W atGm a' Vi n10W 0NF 4134 C IN MI00 t.[)�0V�N r, M N M m V O N O M N I O M LO IN 1� M N O M M W M OV M N 7 COI� O 00 M 16 Il M M It 00 M .-co I� M 00 M 00 M 00 N CV)O V O to (O� ��M�(O 00 � O 0� N (� N M.� y N C4 � M �IM�d' N�MINi(O�N I� � I � � � � tD � ��� 67-� O (O (N i � � �-�� E 7 f o 11 N y cyi a.C.....Nt.�CY)�I�_N_iMCNLCY)��MIin� O O'OIM CY) cl) V 1Nl(O� iM�CO NII- �p N 00 M NI��N LOIN Mi(y) O M CO .+ 7 ry. CO O�00 i.-i� �i[fll�ir� rI O _ _ C ey+ f0 R M N I M I� ' � V t.O M N N N V1 O 11-iM �j V �tn'V O N (O�00 M� V I� �= 'O L (O O M I� C I� (O(() M M10 -- O O O O d N _LC, M I- (nOU(a'OON M. M N O (O I� cOy-��..._ L MC4 V V M VIM C 400N M� In �4 N M �.— ti Ift N IIOC (oM -- N(O�? t mON a) � NI '+m OuiOD) j ~ d to C �0to r O C d co ` co C ? M Y O O O O .)tLL 2 <i -) ��Q M O z 0 435 @ M V7 00 N O O O W O n N a7 C co N N O O O •- N M N M N, M N 1n Q e N N N O H f0 } N Q O Z + U Z i t Q I I I � i I � a O M N a0 M O N N O O .O O N M N N M r LL i0 M N 10 coD O N �O DD m M N O) L C O O O O O Q y c c N c c c c d J N = N U N C C A Q .2 ° Y F r E F E E=rE2Qc N c E a) (D `m3mo n w° —° 4(A (D3 a�3L,a) <(MDU D o -oO 0 mN —E Ja QQ Q O O m O sZ .. - Wa)a Qcm 'Q UO O U mQU>v C O o 00FO-JQpZOQ OL`m HZy Oof rO Q > FmO owr � N N O N O CD M (O O N 1� N M 0 N� 0Of M N M N O F l0 } N i z° = o � a I I � I a L M a a ca w -ItM M O O I- a0 N� N M a- lL - r. 00 N IF m W n N O M C m N N N N cc M O z U U F d zc 0O O N y H cc g i z d m w w a _U-az< o IL F 'o Q pvw w w~ Q m o ua a- a z_ m LLJ d -a) Oa0 a a d a t) o_ NULL my N-iUw Q U zQ Cl a c aOi a�i @o @o o �o A z �o�¢QWNJ0)ILw °.�°o ono jw w(n0 (nU JCOU F 0 o FU mfnUz2cno wz130< > m m SS�a ta'J Dal DEPARTMENT REPORT: 16— a is �b F`k OF TO: Honorable Mayor and Members of the City Council FROM: Edie Hylton, Community Services DirectoN DATE: March 17, 2009 SUBJECT: Community Services Department Report for February 2009 Upcoming events of the Community Services Department for April 2009: April 1 *Morning Workout April 1 *Mat Pilates April 1 *Tap Technique April 1 *Path 2 Philadelphia (FREE Class) April 1 Tae Kwon Do, Senior Center April 1 Jazz to the Max, Senior Center April 1 Yoga, Fitness Center April 1 Tap 1, La Quinta High School April 1 Ballet/Tap, La Quinta High School April 1 **Storytime @ La Quinta Museum April 2 *Digital Photo April 2 *Quicken Investments II April 2 Zumba, Senior Center April 2 Living A Legacy April 2 Youth Tennis 11-13, Fritz Burns Park April 2 Adult Tennis, Fritz Burns Park April 3 *Spring Evening Dance April 3 **First Friday — "An Evening In Paris" April 7 *West Coast Swing April 7 *Yoga for Health April 7 *Basic Internet April 7 *Word Processing April 8 *Sketching & Drawing April 8 Photoshop Pro, Senior Center April 9 Dance, Play & Pretend, La Quinta High School April 9 Beginning Ballet, La Quinta High School April 9 * * Vail Ranch and Butterfield Stage Route Talk April 10 Egg Hunt — For Adults, Civic Center Campus April 11 Egg Hunt — For Kids, La Quinta Park 438 April 13 Photoshop Elements, Senior Center April 14 *Dog Training April 14 Intermediate Belly Dance April 14 Beginning Guitar, Senior Center April 14 Second Level Guitar April 16 Beginning Belly Dance April 16 *Photo Editing 1 April 16 *Vista Laptops April 16 **La Quinta Legends — Victoria Bailey April 20 *Hooked on Loops April 20 Feldenkrais April 20 Sculpt & Stretch, Senior Center April 21 *E-Mail April 21 *Therapeutic Yoga April 21 *List & Labels April 21 Body Sculpting, Senior Center April 21 **Hacienda Del Gato April 22 Yoga Somatica April 23 *Basic Computer April 24 *Talent Show April 23 *Photo Editing 2 April 23 Voiceovers, Library April 25 Birthday & Community Picnic, La Quinta Park April 27 Memoir Writing, Senior Center April 28 *Traditional Tai Chi April 28 *Simple Spreadsheets April 28 *Files & Folders April 28 Transitions Live the Lifestyle Part 2, Library April 29 Dispute Resolution Workshop April 30 *Ballroom Dance April 30 *Photo Editing 3 April 30 Living A Legacy *Senior Center class or activity **Museum class or activity 439 Community Services Program Report for February 2009 2009 2008 2009 2008 Participants Participants Variance Meetings Meetings Leisure Classes Yoga 15 0 15 16 0 Belly Dancing 7 22 -15 4 4 Adobe Photo Basic 5 3 2 4 4 Computers - Beg. 4 9 -5 4 4 Guitar 11 18 -7 7 6 Beginning Ballet 5 4 1 4 4 Dance, Play, & Pretend 7 7 0 4 4 Zumba 18 17 1 7 8 Ballet/ Jazz 4 0 4 8 0 Ballet/ Tap 3 0 3 8 0 Tae Kwon Do 5 2 3 12 13 Totals 84 821 21 78 47 2009 2008 2009 2008 Participants I Participants Variance Meetings Meetings Special Events NONE Totals 01 0 0 0 0 2009 2008 2009 2008 Participants I Participants Variance Meetings Meetings Adult Sports & Fitness Open Gym Basketball 219 172 47 24 20 Fitness Center 832 578 254 24 25 Totals 1051 750 301 48 45 2009 2008 2009 2008 Participants I Participants Variance Meetings Meetings Museum Research Requests 33 0 33 33 0 Storytime 19 0 19 1 0 Presidential Pets 30 0 30 1 0 Riverside County Archivist 11 0 11 1 0 Totals 93 0 93 36 0 Community Services Totals 1,2281 832 396 162 92 490 Community Services Department Attendance Report for the Month of February 2009 Summary Sheet Program 2009 2008 Variance Sessions Per Month 2009 2008 Leisure Classes 84 106 -221 78 53 Special Events 0 170 -170 0 3 Adult Sports/ Fitness 1051 950 101 48 49 Museum 93 0 93 36 0 Senior Center 1835 1744 91 141 138 Total 3,063 2,970 93 303 243 Museum Services Visitors -Adults 658 0 6581 20 0 Visitors - Youth 17 0 17 20 0 Total 675 0 675 40 0 Senior Services Senior Center 386 395 -9 12 14 Total 386 395 -9 12 14 Sports User Groups La Quinta Park Use AYSO 500 250 250 16 20 LQ Sports & Youth 120 75 45 15 16 Sports Complex LQ Sports & Youth 10001 200 800 19 21 Facility/Park Rentals Senior Center Private Pa 200 300 -1001 2 2 Churches-2 600 300 300 8 4 Museum Meeting Room 120 0 120 2 0 Osher classes 110 130 -20 6 6 Library Classroom 720 450 270 12 9 Civic Center Campus Private Part 50 0 501 1 0 Park Rentals La Quinta Park 250 50 200 5 1 Fritz Burns Park 50 350 -300 1 4 Total 3,720 2,105 1,615 87 83 Total Programs 7,844 5,470 2,374 442 340 Volunteer Hours Museum 93 0 93 Senior Center 4311 4291 2 Total Volunteer Hours 1 5241 4291 95 491 Monthly Revenue Report for February 2009 Monthly Revenue - Facility Rentals 2009 2008 Variance Libra $ - $ $ - Museum $ 212.50 $ - $ 212.50 Senior Center $ 3,462.50 $ 2,357.50 $ 1,105.00 Parks $ 730.00 $ 320.00 $ 410.00 Sports Fields $ 340.00 $ 933.00 $ 593.00 Monthly Facility Revenue $ 4,745.00 $ 3,610.50 $ 1,134.60 Monthly Revenue Museum $ 167.00 $ - $ 167.00 Senior Center $ 11,096.50 $ 11,329.00 $ 232.50 Community Services $ 2,352.00 $ 3,800.00 $ 1,448.00 La Quinta Resident Cards $ 4,455.00 $ 2,700.00 $ 1,755.00 Fitness Cards $ 835.00 $ 800.00 $ 35.00 Total Revenue $ 18,905.50 $ 18,629.00 $ 276.50 Revenue Year to Date Facility Revenue $ 35,590.00 $ 43,471.00 $ 7,881.00 Museum $ 1,623.00 $ - $ 1,623.00 Senior Center $ 55,647.00 $ 62,634.00 $ 6,987.00 Community Services $ 37,261.50 $ 48,004.50 $ 10,743.00 La Quinta Resident Cards $ 18,450.00 $ 16,635.00 $ 1,815.00 Fitness Cards $ 5,285.00 $ 5,035.00 $ 250.00 Total Revenue to Date $ 153,856.50 $ 175,779.50 $ 21,923.00 492 Senior Center Attendance Senior Center Program Report for February 2009 Participation Participation Variance Meetings Meetings 2009 2008 2009 2008 Senior Activities ACBL Bride 332 419 -87 3 4 Bridge, Social/Party 507 426 81 13 14 Valentine Evening Dance 77 58 19 1 1 Monthly Birthday Party 45 38 7 1 1 Monthly Luncheon Valentine 94 83 ill 1 1 Movie Time 74 36 38 5 4 Putting Action 13 11 2 3 4 Tennis 97 49 48 8 8 Senior Activity Total 1239 1120 119 35 37 Senior Leisure Classes Arts & Crafts Stamp Canvas Bags) 11 19 -8 1 2 Balancing Act 8 0 8 3 0 Ballroom Dance/West Coast Swing 19 17 5 4 4 Beginning Ukulele 6 0 6 4 0 Bridge Classes 30 60 -30 4 10 Computer Classes 55 29 26 12 9 Dog Training 5 8 -3 3 1 Exercise 67 73 -6 ill 12 Golden Tones 57 71 -14 4 3 Hooked on Loops 8 12 -4 3 3 Issues of the Day 72 80 -8 4 4 Mat Pilates 11 0 11 10 0 Quilters 14 20 -6 2 3 Sketch & Draw 20 26 -6 4 4 Tai Chi 18 5 131 13 4 Tap Technique 18 18 0 3 4 Therapeutic Yoga 13 0 13 3 0 Ukulele Players 89 48 41 7 5 Watercolor 46 57 -11 6 7 Woodcarvers 26 15 11 2 3 Yoga for Health 3 0 3 3 0 Senior Leisure Classes Total 596 558 41 106 78 TOTAL SENIOR PROGRAMS 1835 1678 160 141 115 Senior Services AARP Tax Assistance 131 120 11 10 10 FIND 156 202 -46 8 5 HICAP 3 7 -41 1 2 Legal Consultation 7 4 31 1 1 Seminars - Febua 5 22 34 -121 5 4 FREE Class 3 'see list below 27 8 19 5 1 Volunteers 40 30 10 n/a n/a TOTAL SENIOR SERVICES 386 405 -30 12 23 SENIOR CENTER TOTAL 22211 2083 130 153 138 . Free Classes: On the Ball Training, Path 2 Philidelphia and Sketch & Draw. 493 Volunteer_Hours Senior Center Volunteer Total: Revenue Senior Center Revenue Revenue Total: Feb-09 2009 2008 4291 _431 --- - - 431, - 429_-- $11,096.50 $11,329.00 $11,096.501I $11,329.00 494 Parks Activities Updates For February 2009 Staff along with a member of the Community Services Commission and the Monument Manager from the Bureau of Land Management, hiked the Cove to Lake Trail from the Cove Oasis. During the hike, 10 trail markers were installed to help guide hikers through the trail and prevent them from trespassing on non public property. These trail markers are four feet tall and four inches wide and are made from recycled materials. Last November, twelve trail markers were installed in the Cove Oasis to guide hikers through the Oasis as well as direct them to the Cove to Lake Trail, the Boo Hoff Trail, and the Bear Creek Canyon Oasis Trail. Staff will schedule a future hikes on the Boo Hoff Trail and Bear Creek Canyon Trail to install more trail markers to guide hikers into the National Monument. The Desert Sands Unified School District has decided not to move forward with their portion of the renovations for the La Quinta Sports Complex. This decision is most likely due to financial concerns in the current economy. Based on the design on cost estimates from the City of La Quinta's "Sports Complex Needs Analysis and Rehabilitation Plan," staff was going to present the partnership to City Council where the City would fund their portion of the improvements through Quimby Funds and the DSUSD would fund their portion of the improvements through Measure K Funds. Staff is now preparing estimates for City Councils consideration for renovations of the existing core area of the Sports Complex. Department Report: / a,Qum& 4� �yFc'. ,W9�Sw y OF I1 TO: The Honorable Mayor and Members of the City Council FROM: Les Johnson, Planning Director DATE: March 17, 2009 SUBJECT: Department Report for the Month of February 2009 Attached please find a copy of the Planning Department Report which outlines the current cases processed by staff for the month of February. 496 P:\Monthly Report Folder\2009Planning_Monthly Reports\t_FEB 2009_PL Mo Rpt.doc 1 F- Z w d w 0 C7 Z_ Z Z Q J IL F- Ir O a w cr F- Z w CL m Q w w rn O O N } m Q c0 w LL w Z O I~— F a m m oc D U cn w m N p LLI Y 0 o U a) -ov-ov-o-o-o-o-o� �-asvv �-o-o-oQ w a) i� i+ 1-- ♦+ ♦+ Y Y ci +_+ +_+ +_+ a +_+ +_+ +_+ ++ ++ ++ t uj o E E E E E E E E E E E E E- E E E Z a .0 .0 .0 .0 .0 -0 -0 -0 a » .0 .0 » -0m Z Q a 7 7 7 7 7 m 7 7 7 7 N 7 7 m 0 7 7 7 J w U) (n U) (n U) U) N a) fn N (n (n U) m 0 0 M� d co O O O O O Oqt O O N O O O M O N Z Q y Z O .J N Q U cYi r 0 d a ~ U) co�Ecaci w Z c 0) E w aa)i a Eo U E E y m- a`) a'E ci w a� w LL c c y a m (n O LL ami rn a E c t c a E OC E E a a y Q aQ N E cn o y Q ❑ C M U C 7 N a N N C. c LL a) a) U) m to m U+ 7 N O. °) '= O> d 'O C °ava) a m E ai M a o OcOOEC c a) Q )0 U 'N ++ O O ❑6 Om U Cw > c>'> c c c a N c Em c c0 a) _ U❑ WJ mU �2aacn cn u) iNN U) N 497 rn O O N 00 N } Q m w LL F- O O O N J co O Lo n M Z O N a E U M w c a a a a a a a a a a a a a a p a) a) a) a) (1) a) a) (1) a) a) a) (1) a1 (L) L W Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y tf t- Y Y Y Y Y Y Y W` E E E E E E E E E E E E E E \ O O Ci a a a w U C7 F H Z n O J O QLL W Z� W y W Q d Y w p 70 H C O C C Y C U)Y y E N (D W E E y a E 'v a y E OC J fU s a a a s W � a a) m a) a a W 2 m u) Y O U y rn aci a) rn Q E> —y E E w w a N Q .S O. Q -0 aci E y` U N Q CD C O C C N a C" `Pa a Q 0 a- o E c° m> o>> coU Z U a O `�° U Y O J ' r- a 0 .ti Y a7 Y a7 m Q\ O a) C O O CD a 0 0� 0 0 O, O U O W ,C LL CD� (n (n (f) > N N H H d N 7 O r 7 U Y U O N M O a CM 498 DEPARTMENT REPORT: a Titq� 4 4Qumrw MEMORANDUM TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, Public Works Director/City Engineer DATE: March 17, 2009 SUBJECT: Public Works Department Report for February 2009 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. 4othy R. nass Public Wor Direc or/City Engineer 49� K a U) r N Z Y W J F� Zak O W ;itw V U W m dw N Z w N f L) O r Q O O O O O O O O O O O O O O O N No 0 0 0 0 0 0 0 0 0 0 o N o P 0 R 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 e O O O O O O O O O O O O O O O O O W RI O O O O O O O O O O O O O O O r a �r U S A O O O O r O R O O O O O O O O O N 0 Q W N QU O LL ri ap o o a e o o � o 0 0 0 0 0 0 0 0 OW wN Z Y O O O O O O O O O O O O O N O M 4h O N O O r O r O O O O O O h >ZU O n m 0 U wh WN Oo 0 0 0 0 0 0 0 0 0 0 0 0 0 4 a 2 K CWG n Zm O U � W h m = M �W Z d C ! 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N U N Q (D m .O m a) N L O N r a a CD m I- m N w o Y c c p 3 Y + m O Q CO Um E H c ¢ m dc a) U� ° E " E O. E -O O E Na) C C -CV m +N r O O H a Y V ^ C a .(D U N o) O m 0 0. c p m o m 3 a m Q w o rp (n +m.• p O _ U 'm a) m N C N O O) .0 U O) w >n m - O a) L N S "O " am a C m (n p O Y c CD Y O a H 0 C C N p 0 C O N S H O N 7 p Y � U -COp N C C a fUn N "O O O) C C .N O O co U m O - u U m L 0 N a o cn 2 o 3 c Cc o I� N _O U Q Y ui °- c am) o O O O O rr N -a N O E = a, o m m O Or " 00 m O N N ? a) N C O C` 7 O 1 0 a a o Cl-No �j c a w d w r c w m a UID 0 ccQ a)� -o E > =O E E a N 'Y a) a) 0 -O .. Y C m C E d O C C E @ -CQ O. T 'o 'O c c o Y > o 0 O Y Y O. N a a) E a :3 = ` O N C N c cl O O O O U U N O a a 'V •V � m C c 7 O 0. )L O O U U m cl T T cm O Y U Y U O o a o U m rn N O Y O .E C: a) E O L +N L 9 9 m m m N O N O Qmm O -0O N N C O) O. C O. w U w U E m E 0 m z m m m m m m m m F- F F- F- F- F- F- O O O O O00 O O O O O O 0 O O O m I I I I N m m m m co OD O O O O O Q O O N N N O N N H O O O fM N O W �t O fM m O (D r) m cc N tt )1) .� +n a a yr U p m J d > W a) m C y O N L U Q _ O N N C a O ' C 10 E a) N > C aN O N fr0 7 ~ O) 00 COLLJ Y y Q N0 J N N C m a r an d 3 C N O 0) fi 9 C an a)W N CO d Z N N � O (� j LL U m R O y E 4 N G = g (D 0) O O d N 10 N I� a y m O I� •- r Q OD C 7 00 m C N 00 m N 00 N T m r 00 O ?) O E. Q O L n 0-0 0= O 504 MONTHLY SUMMARY OF PUBLIC WORK TASKS MONTH OF: February, 2009 Employee's Hourly Labor Breakdown Crew#1 Crew #2 Crew #3 Maint. Mg. Code Activity 5 Men 5 Men 2 Men 1 Man Total 1000 Policing/Inspection 48 118 1 7 174 1001 Pot Hole -Repair/Patching 26 21 0 1 48 1002 Crack/Joint-Repair 6 0 0 0 6 1003 Pavement Marking/Legends 0 0 0 0 0 1004 Pavement Marking/Striping 0 0 0 0 0 1005 Curb Painting 0 0 0 0 0 1006 Other Traffic Controls 12 29 0 0 41 1007 Curb & Gutter Repair/Const. 0 0 0 0 0 1008 Other Concrete Repairs/Const. 10 8 0 0 18 1009 Street Sign Install (New) 2 8 0 0 10 1010 Street Sign Repair/Maint 30 25 0 3 58 1011 Debris Removal 5 411 0 1 47 1012 Right of Way Maint. 5 84 93 0 182 1021 CLEAN Catch Basin Inlet/Outlet 4 8 0 0 12 1022 Rondo Channel Outlet/Vault 5 0 0 0 5 1022A Desert Club Outlet/Vault 0 0 0 0 0 1023 S.D./ D.W./C.B. Repair/Maint. 2 39 0 3 44 1024 Gutter/Median Sand Removal 0 0 0 0 0 1025 Street Sweeping (Machine) 100 0 0 0 100 1026 Street Sweeping (Hand) 0 0 0 0 0 1027 Sidewalk/Bike Path Cleaning 0 6 0 0 6 1028 Dust Control 0 0 0 0 0 1029 Flood Control 5 2 4 0 11 1031 Parks/Retention Basins Inspection/Clean-L 8 24 64 0 96 1041 Irrig/ Weeding, Shrubs & Tree Trimming 4 581 56 0 118 1051 Landscape/Irrigation Contract Managerner 0 0 44 121 56 1052 Lighting/Electrical Contract Management 0 0 0 11 11 1061 Small Tools Repair/Maint. 1 0 0 0 1 1062 Equipment Repair/Maint. 0 4 0 0 4 1063 Vehicle Repair Maint. 25 5 0 0 30 1081 Trash/Litter/Recycable Removal 1 6 13 0 20 1082 Vandalism Repairs 2 0 0 0 2 1083 Graffiti Removal 94 116 15 10 235 1084 Maint. Yard Building Maint. 10 6 0 0 16 1085 Seminars/Training 28 9 0 8 45 1086 Special Events 0 1 0 0 1 1087 Citizen Complaints/Requests 75 43 0 0 118 1088 Meeting 1 47 7 23 78 1089 Office (Phone, paper work, reports, 7sc.) 35 28 7 49 119 SUBTOTAL 544 736 304 128 1712 1091 Over Time 16 15 18 0 49 1094 Jury Duty( 0 0 0 0 0 1095 Sick Leave 56 24 0 8 88 1096 Vacation 120 0 0 16 136 1097 Holiday 40 40 16 8 104 1098 Floating Holiday 16 0 0 0 16 1099 Worker Comp/ Bereavement 24 0 0 0 24 SUBTOTAL 1 272 791 34 32 417 TOTAL HOURS 816 815 338 160 2129 TOTAL MILES 4981 1204 88 8689 5 1S Department Report: 9 • LA Uf TA POo LICE Served by the PJverside County Sherffs Department Police Department Monthly Report February 2009 Prepared for 5)6 La Quinta Police Department ® SIGNIFICANT ACTIVITY REPORT Captain Rodney Vigue Chief of Police (Number in parenthesis denotes number of calls for service that day.) 02/01 Sunday (73) No Significant Activity 02/02 Monday (164) 1604 hours- Deputy Rowley responded to 79295 Hwy 111(Wal-Mart) and arrested Alfonso Lopez and Silvia Montillo-Ramirez for Commercial Burglary after stealing jewelry, clothing and infant products. Both were booked into Indio jail. 2215 hours — La Quinta SET Deputy Burgie contacted Gustavo Munoz at Channel Dr. X Washington St. Munoz was arrested for public intoxication and three misdemeanor warrants. Munoz was booked into the Indio Jail. 02/03 Tuesday (123) 0619 hours- Deputy Anderson conducted a traffic enforcement stop at Avenue 48 x Washington. He arrested Luis Raul Jaquez for DUI. Jaquez was booked into the Indio Jail. • 1030 hours — La Quinta SET Deputy Burgie contacted Ernesto Tavares in front of 78630 Hwy 111, Stater Brothers. Tavares was arrested for theft and trespassing warrants and booked into the Indio Jail. 1121 hours- Deputy Illera conducting a follow-up investigation of a burglary that occurred on 020209 in La Quinta. He arrested Leo Rodriguez for the burglary. The stolen property was also recovered. Rodriguez was booked into the Indio Jail. 1130 hours — La Quinta SET Deputy Burgie contacted Kai Jacobsen in front of 78840 Hwy I I I (The 99 Cent Store) and arrested him for a domestic violence warrant. Jacobsen was booked into the Indio Jail. 1706 hours- Deputy Alexander arrested Robert Hernandez for possession of Marijuana in the 44900 block of Vista Dunes. 2245 hours- Deputy Anderson responded to The Silver Hawk Apartments in reference to a mentally disturbed person call. Taken into custody for mental evaluation was twenty -year -old female. She was transported to JFK due to her ingesting household cleaners and large quantities of prescription medication. 02/04 Wednesday (104) 0108 hours- Deputy Pereyda arrested Susan Ruthaford for public intoxication at Avenue 54 and Monroe Street. 1030 Hours — Motor Officer Reynolds arrested Brian Hutchinson on Washington Street and Sagebrush Drive. Hutchinson had an active arrest warrant for drunk driving and was booked into the Indio Jail. 7 J') i 1405 hours — Deputy Heredia responded to Wal-Mart regarding a check fraud incident. His investigation led to the suspect in the 83100 block of Broadmoor in the city of Indio. David White was arrested and booked for check forgery and a felony warrant for embezzlement. 1530 hours — Deputy Fiebig responded to a report of a commercial burglary at 79795 SR i l l (Costco). Deputy Fiebig arrested Luis Sanchez. Sanchez had entered the store, walked directly to the computer programs and selected a virus protection program. He walked to the frozen food area and cut the CD from its box. He threw the box in the trash and fled the store. He was captured by their loss prevention officer and brought back into the store. He was later transported to the Indio Jail for the booking process. 02/05 Thursday (116) 1240 hours — Deputy Macken responded to the 53800 block of Avenida Herrera regarding a suicidal subject. Jamie Nugen was transported to JFK Hospital for a possible overdose of Methocarbanal. 1555 hours — Deputy Alexander responded to a report of a burglary in the 44300 block of Villeta. Unknown suspect(s) had pried open the rear slider to the master bedroom. They made entry into several rooms and took over 50k dollars worth ofjewelry and fled the scene. 1710 hours — Deputies responded to a report of a commercial burglary at 78950 SR 111 (Kohl's). Deputies Rodriguez and Celaya arrested Jimmy Flores Meza. Meza entered the store, selected clothing items, purchased less than twenty dollars worth of miscellaneous items and walked back to the shopping cart where he placed the bag on top of the clothing items. He walked out of the store without paying and he was contacted by store security officers. He was taken into custody and transported to the Indio Jail. 02/06 Friday (142 • 0315 hours — Deputy Anderson conducted a vehicle stop at Washington x Miles and arrested Ryan Yip for DUI. Yip was transported and booked at Indio Jail. 1341 hours- Deputy Lun responded to 78950 Highway I I I (Kohl's) regarding a theft in progress. Kohl's security observed three female juveniles placing numerous items into their purses. Deputies detained the three suspects after they exited the store and the merchandise was recovered. The three suspects were arrested for conspiracy and commercial burglary. They were transported and booked into Indio Juvenile Hall. 02/07 Saturday (86) 0100 hours: La Quinta Motor Officer Reynolds arrested Antonio Villalpando for DUI at Hwy. 111 and Depot Drive. 0130 hours; Deputy Kibbey responded to the area of Hwy. I I I and Washington Street in reference to a man down call. He observed the driver of a gray Lexus clip the guardrail of the bridge at the wash and come to a stop in the southbound lane facing opposing traffic. The driver, Alexis Andrae Lerma was arrested for DUI and booked at the Indio Jail. There was no apparent damage to city property. 1530 hours — Deputy Heredia conducted a pedestrian check on Bayberry Drive and Debbie Drive. Michelle Nicole Austin was arrested and booked for a felony drug possession warrant. 02/08 Sunday (59) 1415 hours — Deputy Miller responded to the 43500 block of Calle Espada regarding a domestic disturbance. David Sneed was arrested and booked for domestic battery and for having an outstanding Sfelony warrant for domestic battery. 5�a 02/09 Monday (106) • 0343 hours — Deputy Anderson conducted a vehicle stop at Ave. 50 and Jefferson St. Jaime Gonzalez was found to be driving under the influence. Gonzalez was transported to the Indio Jail and booked for DUI. 1530 hours- Deputy James responded to Kohl's, 78950 Hwy 111, reference a burglary in progress. Security personnel had observed an individual cutting off tags and taking items. Before units arrived, the suspect, later identified as Manuel Arce, fled the scene on the Sun Bus. Deputies eventually stopped the bus at Hwy I I I and Dune Palms. Arce was detained and found to be in possession of items from both Kohl's and Big Five. Arce is currently on active patrol for burglary. He was arrested and booked for commercial burglary. 1650 hours- Deputies responded to the area of the Target located at 78935 Hwy 11 l in the city of La Quinta. Security personnel watched two juveniles throughout the store stealing video games and other accessories. The two suspects exited the rear of the store, and via closed circuit cameras watched them cross Avenue 47 and into the residential neighborhood south of the business. Sgt. Roggeveen was in the area and began searching for the suspects based on the descriptions provided by Target loss prevention. The two suspects from Target were located looking through a vehicle in front of 47185 Via Antibes. The two juveniles were detained, with one of them in possession of the identified stolen property from Target. Due to being in front of another victim's house, the suspects were moved back to Target where they were identified by loss prevention. Both suspects were taken back to the Indio Station, interviewed and eventually booked into Juvenile Hall. Deputy Christopher Rowley handled as primary 1900 hours — La Quinta SET Deputy Glasper arrested Alfredo Ramirez in the 52900 block of Ave. Rubio for an outstanding felony narcotic warrant. Ramirez was booked into the Indio Jail. 02/10 Tuesdav (152 • 1942 hours- Deputy Alexander responded to a shoplifter in custody at Henry's Market. A female juvenile walked into the market, took a chicken from the deli and attempted to walk out of the store without paying. The juvenile was arrested for burglary and booked at Indio Juvenile Hall. 02/11 Wednesdav (159 1950 hours -- Deputy McAnallen conducted a traffic stop at SR 111 X Depot Dr. and arrested Eric Delara for driving under the influence and Anthony Apodaca for possession of marijuana. They were both transported to the Indio Jail for the booking process. 2100 hours- La Quinta SET served a property related search warrant in the 40000 block of Alabama Hills Dr., City of Indio, and the residence of Tayler Pearce. Pearce was not present during the service of the search warrant, however, deputies obtained information of Tyler Pearce possibly being at Wal-Mart in La Quinta. SET responded to Wal-Mart and located Pearce as he was exiting the store. After a short foot pursuit Pearce was taken into custody. Pearce was found to be in possession of stolen property, in possession of a stolen vehicle and illegal narcotics. Pearce was booked into the Indio Jail for several theft related crimes to include residential burglary, commercial burglary, vehicle theft, possession of stolen property, and possession of illegal drugs, and parole violation. 02/12 Thursday (102) 0225 hours — Deputy Lopez responded to the 79800 block of Hwy I I I regarding a report of a man down. Jaime Quintero was arrested for public intoxication and booked into Indio Jail. 1132 hours — Deputy Heredia responded to the 46400 block of Dune Palms regarding a burglary in progress. As Deputy Heredia was nearing the location, a witness who was following the suspect, directed • him to the suspect who was leaving the area. Fred James Marohn was arrested and booked for burglary 5 )9 S 1335 hours — La Quinta SET served a property related search warrant in the 46500 block of Vargas St., Indio. The warrant stemmed from an ongoing investigation of a residential burglary occurring in La Quinta. Deputies did not find any physical evidence. 1619 hours — Deputy Alexander contacted and arrested Richard Clemens Jr. for entering the Wal-Mart store with the intent to steal merchandise. He was transported to the Indio Jail for the booking process. 1731 hours — La Quinta SET served a property related search warrant in the 83300 block of Emerald Dr., Indio. This warrant stemmed from an ongoing investigation of a residential burglary occurring in La Quints. Deputies located property from the burglary. 2147 hours — La Quinta SET, following up on leads related to the above burglary investigation, served a felony arrest warrant in the 436000 block of Town St, Indio. Deputies arrested Jeanett Meza. Meza's warrant included charges of 7 counts of burglary and 2 counts of fraud. Meza was booked into the Indio Jail. 02/13 Friday (105) 0430 hours- Deputies Mitic and Pereyda responded to a report of domestic violence in the 51600 block of Avenida Alvarado. Andreas Montemayor was arrested for felony corporal injury to a spouse and child abuse. Medical personnel from Cal Fire treated the victim at the scene. Montemayor was transported to the Indio Jail for booking. 2000 hours — La Quinta SET deputies located and arrested Daniel Manriquez and Lillian Romero at the Palm Springs Jail. Manriquez and a bail agent drove Romero to the PSPD Jail to take care of an outstanding misdemeanor burglary warrant. Deputies contacted Manriquez outside the jail and took him into custody. After Romero was booked for her warrant she was arrested her for the La Quinta case. Both were transported back to Indio Station and were booked for residential burglary and possession of stolen property. 02/14 Saturday (71) 2035 hours — DUI @ Madison and Avenue 54 within the City of La Quinta. Corporal Perez conducted a traffic stop at Madison and Avenue 54 and arrested Susan Lynn for driving under the influence. She was taken to the Indio Jail for the booking process. 2015 hours- Deputy Rowley responded to the Kohl's Department Store reference suspicious activity in the parking lot. Deputy Rowley contacted Vivian Gonzalez and Manuel Valencia and determined they were both under the influence of a controlled substance. Valencia was also in possession of a methamphetamine pipe. Both were booked into Indio Jail. 02/15 Sunday (49) 0202- Deputy Anderson conducted a traffic stop at Hwy.I 11 and Depot Drive and arrested Louis Morgan for DUI. 0238 hours —Deputy Barandes conducted a pedestrian check at Avenida Alvarado x Calle Monterey. A male juvenile was cited and released for possession of alcohol. 0813 hours- Deputies Macken and Martinez responded to the 52000 block of Ave. Villa reference an assault that had just occurred. Deputy Macken made contact with the victim who advised she had just been assaulted, physically and sexually, by her estranged husband. Alex Torres was arrested at the location and was booked into the Indio Jail. 510 • 02/16 Monday (68) 0130 hours- Deputy Anderson conducted a traffic stop at Avenida Vallejo and Calle Sinaloa and arrested Francisco Javier Cecena for DUI. 02/17 Tuesdav (105 1700 hours- Deputy Alexander responded to a theft at Target. Advised that the suspect was running eastbound Hwy l 11, Deputy Alexander arrived and saw the suspect get on a Sun Bus traveling east toward Indio. Deputy Alexander stopped the bus, and positively identified Dave Evans as the suspect. Evans was arrested and booked at Indio Jail for burglary. 1822 hours, Deputies Celaya and Rodriguez responded to a domestic dispute in the 52700 block of Eisenhower Dr. Arrested for assaulting his wife was Israel Lerma who was booked at Indio Jail. 1825 hours — La Quinta SET, with the assistance of the Indio Police Department, served a property related search warrant in the 81700 block of Arus Ave, city of Indio. Stephen Tollette was arrested for his involvement in a residential burglary in north La Quinta. Tollette was booked into the Indio Jail for burglary. 1920 hours — La Quinta SET, with assistance of the Coachella Police Department, served a property related search warrant in the 52800 block of Lee St., City of Coachella. No property was located during the service of this search warrant. 1931 hours- Deputies responded to the 79700 block of Morning Glory Ct. in reference a suicidal subject who fired one round from a handgun in the rear yard of his residence. The subject left in his vehicle prior • to deputies arriving. Deputies located the subject in the city of Indio and was arrested and booked at Indio Jail for shooting into inhabited dwelling. 2200 hours — La Quinta SET arrested Lillian Romero in the 83300 block of Emerald Dr., Indio. This arrest stemmed from an ongoing investigation into a residential burglary from last week. Romero was booked into the Indio Jail for possession of stolen property and conspiracy to commit burglary. 2230 hours — La Quinta SET served a search warrant on a vehicle in the possession of Leonardo Reyes after locating the vehicle on Jackson St. and Lupine, city of Indio. Further investigation revealed Reyes assisted in the residential burglary La Quinta SET has been working on. Reyes was booked into the Indio Jail for receiving stolen property. 02/18 Wednesdav (115 0422 hours- Deputy Anderson responded to Washington Avenue and Avenue 50 in reference to a hit and run. Deputy Anderson located and arrested Louis Mendez for DUI and misdemeanor hit and run. 2059 hours — La Quinta SET deputies served a property related search warrant in the 2900 block of Ramon Rd., Palm Springs. Deputies located stolen property belonging to the victim of a residential burglary from north La Quinta. Deputies arrested Steffenie Gorman for possession of stolen property. Gorman was booked into the Indio Jail. 2245 hours — Deputy Russell responded to the 55900 block of Pebble Beach regarding a disturbance over housekeeping. Nicole Shetrome was arrested after striking her roommate Raymond Leighton with a chair. Shetrome was booked into the Indio Jail. 511 02/19 Thursday (85) 1200 hours — Deputy Contreras responded to Wal-Mart reference a shoplifting. Rosa Canchola was arrested for shoplifting. Due to a preexisting medical conditions she was issued a citation and released from the scene. 1600 hours — Deputies responded to a major injury traffic collision at Seeley Dr. and Miles Ave. Virginia Reyes struck a 5 year -old female within the crosswalk. The 5 year -old was transported to Desert Hospital for medical treatment. Members from the La Quinta Traffic Services Team were called and took over the investigation. 02/20 Fridav (106 0830 hours — School Resource Deputy Smith responded to the Nurse's Office of La Quinta Middle School regarding an injured student. The 14-year-old student claimed her teacher assaulted her when attempting to take a piece of paper away from the student. The student sustained a minor scrape to one of her fingers. 1047 hours- Deputy Lun responded to an unattended death in the 47700 block of Gertrude Way. A 68 year old male had numerous health issues but had not seen a doctor in two years. 1330 hours — Deputy Heffley conducted a traffic enforcement stop in the 54000 block of Avenida Alvarado. Raymond Ramirez was arrested for three misdemeanor traffic related warrants. He was booked into the Indio Jail. 1612 hours- Deputies responded to a structure fire in the 53200 block of Avenida Navarro. CDF was on scene putting the fire out and nobody was injured in the fire. The residence was a total loss. • 1730 hours- Deputy Vanderhoof arrested Maria Rosalez and Kenia Rosalez, for burglary at the La Quinta Wal-Mart. 1909 hours- Deputy Rowley responded to a domestic dispute in the 43100 block of Palm Royale. Arrested for assaulting and injuring her boyfriend was Donna Johnson. Johnson was extremely intoxicated and transported to Indio Jail. Prior to arriving, Johnson passed out and could not be awakened. Johnson was transported to JFK Hospital. 1930 hours — Deputy Wiggs conducted a vehicle stop at Avenida Bermudas and Calle Nogales. Andres Camacho was found to have two active warrants for DUI. Camacho was transported to the Indio Jail and booked. 2030 hours- Deputy Pittenger arrested Michael Curtis for public intoxication. 2200 hours- Deputy Fiebig responded to a domestic dispute in the 52600 block of Avenue Diaz. Anthony Johnson assaulted his girlfriend Katherine Carrol. Johnson left prior to deputies arriving. and is currently on parole for domestic battery. 2315 hours — La Quinta SET Deputies Glasper and Hughes stopped a vehicle for vehicle code violation on Eisenhower Dr. and Calle Tampico. The driver, Steven Mazer, was arrested for a felony theft warrant. The passenger, Kimberly George, was arrested for possession of methamphetamine and drug paraphernalia. Both were booked into the Indio Jail. 02/21 Saturday (51) 0001 hours — Deputy Barandes conducted a vehicle stop at Westward Ho and Roadrunner. Garland Hayes was found to be driving under the influence. Hayes was transported to the Indio Jail and booked for DUI. 512 • 0200 hours — Deputy Wiggs conducted a vehicle stop at Ave. 52 and Washington. Kevin Burgo was found to be driving under the influence. Burgo was transported to the Indio Jail and booked for DUI. 02/22 Sunday (54) 0023 hours — Deputy Anderson conducted a vehicle stop at Desert Club and Calle Tampico. Michael Pickett was found to be driving under the influence. Pickett was transported to the Indio Jail and booked for DUI. 02/23 Monday (66) 0751 hours — Deputies responded to the 80000 block of Via Velarosa reference a suicide. Deputies arrived and found a deceased male adult lying in bed in the master bedroom. Investigations, Forensics and the Coroner's Office responded to the location. 02/24 Tuesday (115) 0512 hours- Deputy Barandes responded to the 53200 block of Avenida Martinez in reference to a disturbance. Deputy Barandes spoke with a female at the location who stated that she had been the victim of sexual assault and theft. The victim was transported to EMC for a sexual assault examination. Indio station investigators arrived and assumed the investigation. 1639 hours — La Quinta SET deputies served a property related search warrant in the 11500 block of Cholla Dr., Desert Hot Springs. Deputies arrested Leonard Lee Jr., and Kimberly Johnson. Deputies located stolen property and received consent to search Johnson's hotel room in Palm Springs where they recovered additional evidence. Both Lee and Johnson were booked into the Indio Jail for commercial burglary. • 02/25 Wednesday (151) 0001 hours- Cpl. Brian Taylor conducted a vehicle stop at Eisenhower Street and Calle Hidalgo and arrested Anthony Legarreta for DUI. 1131 hours — La Quinta SET Deputy Burgie conducted a vehicle check behind 79440 Hwy I I I and contacted Ervin Billy. Billy was found to be in possession of suspected methamphetamme and drug paraphernalia. Billy was booked into the Indio Jail. 1213 hours- Deputy Morrow responded to a shoplifter in custody at Costco. Lisa Marie Hagen and a female juvenile were transported to Indio Jail and Juvenile Hall. 1534 hours- Deputies Moore and Deputy Smith arrested Katlic Michelle Terry and a 12 year old female juvenile at Kohl's for shoplifting. Both suspects entered the store and took over one hundred dollars worth of clothing without permission. Terry was booked at Indio Jail. The juvenile female was released to her mother at Indio Station. 02/26 Thursday (123) 1356 hours —Deputy Speirs responded to Palm Royale and Washington regarding a traffic collision. An ice cream vendor was pushing his ice cream cart in the marked crosswalk when a northbound vehicle struck him. The driver was making a right tarn onto eastbound Palm Royale and did not see the vendor prior to striking him. He was transported to Desert Hospital per Trauma Center protocol. The vehicle driver was cited for failing to yield to a pedestrian within the crosswalk. 1620 hours — Deputies responded to a report of a burglary at Kohl's. Deputy Vanderhoof contacted and arrested Biviana Gonzales and Manuel Valencia. Both of them had concealed multiple items and left the • store without pay for them. They were also in possession of methamphetamine and stolen golf clubs. 513 Rancho Mirage officer responded because they were also wanted for questioning in several burglaries in their area. They were taken to the Indio Jail for the booking process. 2048 hours- Deputy Fiebig arrested Robert Martinez for a Domestic Violence restraining order. Booked at Indio Jail. 02/27 Friday (70) 2320 hours — Deputy Abrego responded to a hit and run collision at Calle Temecula and Avenida Rubio. Mary Beth Smith was found to be driving under the influence. Smith was transported to the Indio Jail and booked for DUI and leaving the scene of an accident. 02/28 Saturday (62) 0225 hours — Deputy Kibbey conducted a pedestrian check in the 51200 block of Avenida Herrera. Melissa Nunez was found to have an active warrant for DUI. Nunez was transported to the Indio Jail and booked for the warrant. 0321 hours - Deputy Lopez responded to the 53800 block of Avenida Alvarado regarding a loud party. Leeanna Brown was arrested for public intoxication. Brown was transported to the Indio Jail and booked for public intoxication. 1415 hours —Deputy Lun responded to a subject in custody for shoplifting at Kohl's. Jessica Torrez and a 16 year oldjuvenile were arrested for shoplifting. Torrez was booked into Indio Jail and the juvenile was released to the parent. 1700 hours- La Quinta SET conducted a warrant service in the 78700 block of Maracas Ct. and arrested Ian • Spencer for a felony criminal threats warrant. TOTAL CALLS FOR SERVICE: 2,782 s 514 0 0 Deputy Adonis Glasper Deputy Tim White Deputy Jason Chancellor CITY OF LA QUINTA Special Enforcement Team January 2009 SET TEAM Supervising Sgt. Mark Hoyt Summary of Activitv Cpl. Randy Morton Deputy Claudia Rodriguez Deputy Shaun Hughes Type of Activity # of Incidents Type of Activity # of Incidents Programs 4 lWeapons Recovered 1 2 Vehicle Checks/Stops 23 Arrest Warrants Served 4 Pedestrian Checks 19 Search Warrants 9 Follow-ups 63 Parole Searches 1 4 Citations Issued 7 Arrests/Filings 18 SIGNIFICANT ACTIVITY During the month of February, the La Quinta Special Enforcement Team served nine property related search warrants throughout the Coachella Valley. Results of the search warrants include: --Eleven individuals were arrested for multiple charges of burglary, possession of stolen property and possession • of illegal narcotics. --Two stolen vehicle were recovered. --Stolen property valued in excess of sixty thousand dollars was recovered. The recovered property came from residential, commercial and vehicle burglaries in the City of La Quinta. 515 E CITY OF LA QUINTA Traffic Services Team Report February 2009 Traffic Services Team Dep. Frederick Dep. Heffley Dep. Wiggs Cpl. Covington Sgt. Walton C.S.O. Delaney Dep. Reynolds SIGNIFICANT ACTIVITY The Monthly Citation Loa provides a comparison over the previous month for citations issued within the city of La Quinta. The report shows 581 citations were issued during February 2009. This represents a 16.6% decrease over the month of January 2009, at 697 citations issued. The Traffic Unit has focused on suppressing hazardous violations during 2009. To demonstrate this philosophy, excessive speed citations have increased 227.9% and signs and signal light citations have increased 23.1 % beyond those issued at the same time period in 2008. The Monthly Traffic Collision Report provides a comparison over the previous year for collisions that were reported within the City of La Quinta. The report shows 15 collisions were reported during the month of November. When all collision types are counted, including those on private property, the residents of La Quinta are enjoying a 23.81 % collision rate reduction this year to date when compared with the same time period in 2008. More specific to public roadway collisions, the residents of La Quinta enjoyed a 26.92% collision rate reduction compared with 2008. More importantly, February 2009 saw a 47.37% reduction in reported injury collisions to our citizens. To demonstrate our focus on collision reduction, unsafe lane changes have equaled speed violations as the leading cause for traffic collisions within our city. As a . result of the alarming trend, La Quinta Traffic Services has increased enforcement of unsafe turning violations by 333.3% since January 2009. At the same time, drunken driving collisions have been impacted by ongoing education and enforcement efforts, resulting in a 62.5% decrease in alcohol involved motor vehicle collisions to date. 516 City of La Quinta La Quinta Police Department • Monthly Citation Activity Log February. 2009 p jet I_ di 11114 %x Changq Tb'd Q/a Excessive Speed Citations 219 181 21.0% 400 122 227.9% Excessive Speed Violations 219 181 21.0% 400 122 227.9% Signs and Signals Citations 92 100 -8.0% 192 156 23.1 % Signs and Signals Violations 92 100 -8.0% 192 157 22.3% Unsafe Turning Citations 20 32 -37.5% 52 12 333.3% Unsafe Turning Violations 20 32 -37.5% 52 12 333.3% Failure to Yield Citations 8 21 -61.9% 29 3 866.7% Failure to Yield Violations 8 21 -61.9% 29 3 866.7% Child Restraint Citations 5 6 -16.7% 11 8 37.5% Child Restraint Violations 5 6 -16.7% 11 9 22.2% Safety Belt Citations 7 9 -222% 16 26 -38.5% Safety Belt Violations 7 9 -22.2% 16 26 -38.5% 1 Cites 3 15 -80.0% 18 27 -33.3% 1 Arrests 1 10 -90.0% 11 25 -56.0% Actual DUI 3 17 -82.4% 20 31 -35.5% Other Hazardous Citations 25 23 8.7% 48 20 140.0% Other Hazardous Violations 117 144 -18.8% 261 161 62.1% Non -Hazardous Citations 145 237 -38.8% 382 132 189.4% Non -Hazardous Violations 307 432 -28.9% 739 373 98.1% Total Hazardous Citations 436 460 -5.2% 896 430 108.4% Total Hazardous Violations 456 478 -4.6% 934 455 105.3% Pedestrian Citations 5 6 -16.7% 11 0 0.0% Pedestrian Violations 5 6 -16.7% 11 0 0.0% Bicycle Citations 0 0 0.0% 0 0 0.0% Bicycle Violations 0 0 0.0% 0 0 0.0% Financial Responsibility 86 94 -8.5% 180 134 34.3% Radar Cites 20 42 -52.4% 62 111 -44.1% Parking Cites 107 14 664.3% 121 2 5950.0% Total Hazardous Double Stat 448 475 -5.7% 923 464 98.9% JOWni Citations 581 697 -16.6% 1278 562 127.4% tal Violations 763 910 -16.2% 1673 828 102.1% 5i7 City of La Quinta La Quinta Police Department Monthly Traffic Collisions Report . February 2009 Current Month New YTD Last YTD % Change Total T/C - Public Highway 18 57 78 -26.92% Fatal Collisions 0 0 0 Number Killed 0 0 0 Injury Collisions 3 10 19 -47.37% Number Injured 3 10 24 -58.33% Property Damage 15 47 59 -20.34% Type of Collision Hit & Run 4 10 7 42.86% Private Property 2 7 6 16.67% Bicycle Collisions 0 1 4 -75.00% Number Injured - Bicycle Collisions 0 1 3 -66.67% Vehicle vs. Pedestrian 3 6 0 Alcohol Involved 2 3 8 -62.50% Reports Taken By PAtrol 19 58 71 -18.31 % SRO 1 1 1 0.00% Traffic 4 12 7 71.43% Target Team 0 1 Detective 0 0 1 100.00% DUTY UNKNOWN 0 0 4 100.00% TOTAL REPORTS 20 64 84 -23.81 % Counter Reports % DUI Arrests Investigations Assigned Last YTD This YTD Closed Open Hit and Run Primary Collision Factors Number % Total Unsafe Speed 4 20.00% Unsafe Lane Change 4 20.00% Ped RAN Violation 2 10.00% Other Improper Driving 2 10.00% iving Under Influence 2 10.00% known 1 5.00% Traffic Signals and Signs 1 5.00% Pedestrian Violation 1 5.00% Improper Turning 1 5.00% Following Too Closely 1 5.00% 5A 0 Deputy Prezell Burgie CITY OF LA QUINTA Business District Deputy Report February 2009 SIGNIFICANT ACTIVITY I conducted a follow-up investigation related to a burglary that occurred in the La Quinta business corridor. In the course of my investigation I was able to develop leads that resulted in the identification of two suspects. I authored a search warrant that resulted in the arrest of both suspects as well as the recovery of stolen property. While conducting routine patrol in the La Quinta business corridor I saw a suspicious vehicle parked behind a commercial facility. I initiated a vehicle check and found the occupant of the vehicle to be in possession of drug paraphernalia and illegal narcotics. The occupant was placed under arrest, transported and booked into Indio jail. I worked extensively with the La Quinta Special Enforcement Team in an ongoing investigation of a residential burglary that occurred within the City of La Quinta. Investigative leads resulted in multiple search warrants being written and carried out. During the service of the search warrants a substantial amount of stolen jewelry was recovered, three subjects were arrested and further arrests are anticipated. 5'9 0 7� 0 Deputy Kevin Moore La Quinta High School CITY OF LA QUINTA School Resource Officer Report February 2009 Summary of Activitv Type of Activity Number of Incidents Criminal Reports 26 City Administrative Citations 1 Arrests 2 District Attorney Filings 7 Y.A.T.. Referral 15 Vehicle Checks 11 Pedestrian Checks 20 Follow -Up 7 Traffic Stops & Citations 219 Parking Citations 3 Bicycle Patrol Miles 19.5 Truants Cited 4 1. 1 investigated a report of an adult attempting to contact a juvenile female. It was determined that there was no improper conduct and that the adult was acting in accordance with terms of a custody matter. A report was written for documentation only. 2. A student reported that her mother had assaulted her while at home the previous evening. I assisted her in getting an Emergency Protection Order and filed misdemeanor charges against her mother. 3. Deputy Nelson Pena of the gang task force conducted a gang awareness presentation for approximately thirty faculty members from four area schools. 4. 1 coordinated a bomb squad demonstration for 12th grade Public Service Academy students at the Sheriffs Range located at Lake Cahuilla. Corporal Frank Anderson conducted the explosives demonstration. 5. Responding to an "on campus" incident, I transported one student to Oasis mental health for observation and care. 6. 1 have given strong focus and emphasis on enforcement related to jaywalking students throuqh issuance of citations. 5'0 0 i • La Quinta MS Franklin E.S.. Truman ES Adams ES CITY OF LA QUINTA School Resource Officer Report February 2009 Deputy Rebecca Smith Summa of Activi Type of Activity Number of Incidents Reports 8 Arrests 0 Traffic Stops 2 District Attorney Filings 0 Public Assists 3 Vehicle Checks 4 Follow-up I Public Assist 3 Pedestrian Checks 36 Y.A.T. Referral 2 Administrative Citations 11 Business Checks 3 Home Visits 2 I investigated a student allegations that a teacher had physically assaulted him on at st three occasions during the past eighteen months. After a thorough review of the is and details it was determined that the charges were unfounded. I located a runaway juvenile in the city of Indio. After speaking with her, she agreed to inqly return to school and her residence 3. Investigation is continuing regarding an act of vandalism that was discovered when staff returned to school after the weekend. An unknown suspect(s) had trespassed on school grounds and tagged numerous locations with graffiti. was called upon by a school principal to investigate a possible battery by a teacher a student. Investigation revealed that the teacher accidentally scratched the student as attempted to take a note away from the student. The battery was unfounded and was idled internally at the school. 5. A second report of a possible battery by a teacher on a student was received. It was determined that the teacher had grabbed the student's arm to stop her from leaving the classroom without permission. Examination of the student's arm confirmed that she was not injured. The battery was unfounded and was handled internally at the school. 521 9 • • Deputy Thomas Hendry Summit H.S. Paige M.S. Horizon O.S. CITY OF LA QUINTA School Resource Officer Report February 2009 Summary of Activitv Type of Activity Number of Incidents Reports 7 Arrests 0 Traffic Stops 1 Business Checks 8 Truant 0 Vehicle Checks 1 Pedestrian Checks 0 YAT Referral 0 Two students at Mitchell Paige were found to be in possession of property stolen from a acher and another student. Neither victim desired prosecution. Two students at Mitchell Paige were involved in a verbal confrontation that escalated into physical assault by one of the involved students. The victim received scratches and redness the face. Out of custody charges were filed against the aggressor in the assault. Mitchell Paige security personnel observed a student showing a suspicious item to other udents. When questioned by the security agent, the student showed him a small baggie mtaining marijuana. Out of custody charges were filed against the student. In addition, e student told me the name of another student who had sold him the marijuana. I made intact with the second student and he admitted that he had sold the marijuana to the first udent. Out of custody charges were filed against the second student. A Summit High School student was found to be in possession of marijuana and tobacco ^oducts on campus. Out of custody charges were filed against the student. I received a verbal report of a possible sex crime involving a Mitchell Paige student. I )ntacted the Indio Station, Riverside County Sheriffs Office, investigations team and irned the investigation over to them. I investigated an allegation that a security agent had battered a parent on campus. It was etermined that the allegation was unfounded. No charges were filed. 5?2 • 0 0 CITY OF LA QUINTA Community Service Officer Report January 2009 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 Activitv T e of Activity Number of Incidents Burglary Investigations 7 Grand Theft Reports 1 PettyTheft Reports 8 Vandalism/Malicious Mischief Reports 11 Traffic Collision Response 23 Vehicle Code or Parking Citations 154 Abandoned Vehicles Tagged/WarningTagged/Warning 6 Towed Vehicles 3 Lost or Found Property Reports 1 Stolen Vehicle Report 0 Custodial / Non -Custodial Transport 22 Miscellaneous Calls 94 n I`J Danese Maldonado Volunteer Coordinator CITY OF LA QUINTA Citizens On Patrol Community Policing Office Monthly Volunteer Report February 2009 Summary of Activitv Community Policing Office Number Citizens On Patrol Number Monthly Volunteer Hours 143 Training Hours 6 Hours Y.T.D. 299 Business Checks 69 Hours 4/03 to Present 16,269 Traffic Control 0 CPO Monthly Visits 83 Courtesy Notifications 36 CPO Y.T.D. Visits 192 Miscellaneous Activity 5 CPO Visits 4/03 to Present 12,692 Neighborhood Patrol 18 Vacation Checks 47 Patrol Hours 87 Y.T.D. Patrol Hours 263 Hours 7/06 to Present 3,467 The established rate for value received for volunteers in the State of California is calculated at $16.24 per hour. The estimated Y.T.D. financial benefit to the La Quinta Police Department and the City of La Quinta totals: $9,126.00. Total savings since 2003: $320,512.00. Citizens on Patrol have been regularly assisting School Resource Officer Moore with traffic control at La Quinta High School when school dismisses in the afternoon. Citizens on Patrol members recently participated in a training class that addressed both policy and procedure related to the newly installed vehicle radio system. .. 5'G n �J 0 Corporal Andy Gerrard CITY OF LA QUINTA Post 503 Explorer Report February Rosario Moya at Post 503 Range Day Indio Station Post 503 and Palm Desert Station Post 507 Explorers assisted with crowd and traffic control during the National Date Festival in Indio. The Explorers successfully directed thousands of drivers to the assigned parking areas. orer volunteers also served inside the Date Festival fairgrounds assisting with reuniting lost found children with their parents, interior bicycle patrol and other duties as needed. 503 Explorer training addressed the following areas: (1). Competition preparation events. Patrol procedures training. (3). Physical conditioning. (4). New Explorer orientation. (5). control and direction. (6). Leadership development and practice. Future Post 503 events include the annual Ex -Con Explorer Competition in Las Vegas, Nevada and the annual Riverside County Sheriffs Department Explorer Academy in Riverside. Exploring is a career education program for young men and women who are age 14 (and have completed the eighth grade) through 20 years of age. The purpose of the program is to provide experiences to nurture these young people into maturity as they become responsible and caring adults. SPost 503 meetings are held on Wednesday evenings, 5:00 p.m. -- 7:00 p.m. at the Indio station of the Riverside County Sheriffs Department (82-695 Dr. Carreon Blvd.). For information about the Post 503 Explorer program, please contact Cpl. Andy Gerrard at 760-863-8990. 5?5 Department Report: • LA UNTA P 0o, LICE Served by the Riverside County SherBfs Deparhner4 Crime Statistics Summary January -- 2009 Prepared for 5�b E PART I: i 9 10 11 12 13 CITY OF LA QUINTA Crime Com CRIME arison January -- Janua January YTD 2009 YTD 2008 2009 2008 AGGRAVATED ASSAULTS 8 3 8 3 BURGLARY 40 57 40 57 BURGLARY -VEHICLE 30 38 30 38 DOMESTIC VIOLENCE 11 13 11 13 HOMICIDE 0 0 0 0 NARCOTICS VIOLATIONS 28 25 28 25 ROBBERY 2 1 2 1 ROBBERY - CAR JACKING 0 0 0 0 SEX CRIME FELONY 5 2 5 2 SEX CRIME MISDEMEANOR 1 0 1 0 SIMPLE ASSAULTS 10 4 10 4 THEFT 88 64 88 64 VEHICLE THEFT 11 16 11 16 CITY OF LA QUINTA DISPATCH INFORMATION - January 2009* TYPE OF CALL RESPONSE TIME (MINUTES) NUMBER OF INCIDENTS EMERGENCY 2.05 4 ROUTINE 1 8.51 1,530 Data from Riverside Co Sheriffs Department Data Warehouse, Average Response Time Report. • 527 r1 u • Crime Distribution Table Jan-09 % of Total Jan-08 % of Total 1 AGGRAVATED ASSAULTS 8 3.42% 3 1.35% 2 BURGLARY 40 17.09% 57 25.56% 3 BURGLARY -VEHICLE 30 12.82% 38 17.04% 4 DOMESTIC VIOLENCE 11 4.70% 13 5.83% 5 HOMICIDE 0 0.00% 0 0.00% 6 NARCOTICS VIOLATIONS 28 11.97% 25 11.21% 7 ROBBERY 2 0.85% 1 0.45% 8 ROBBERY - CAR JACKING 0 0.00% 0 0.00% 9 SEX CRIME FELONY 5 2.149/. 2 0.90% 10 SEX CRIME MISDEMEANOR 1 0.43% 0 0.00% 11 SIMPLE ASSAULTS 10 4.27% 4 1.79% 12 THEFT 88 37.61% 64 28.70% 13 VEHICLE THEFT 11 4.70% 16 7.17% Total 234 96.58% 223 98.65% CITY OF LA QUINVTA January 2009 Crime Distribution 100 90 80 70 60 40 50 40 30 20 2 10 0 > co m < o -^ < z z z -r, m '� > s m .> O �c C a < C m�' O O O a >m m X ti dm >� m x viz O xn mm > m m Om C) mX >> c< > > Y O Z 3 n r m m > y �d om > 5,)s • 100 90 80 70 60 50 40 30 20 10 Month to Month Crime Comparison - January a m m <o x <Z an c <c -o 0 oa z as a x� mm ac y'"'� rA mK mf7 "m K yh O 0 January 2009 0 January 2008 0 o mm x m m >m r"c e7m a3 � O m m a a m -a Yearto Date Crane CotIxarison -January 0 YTD 2009 0 YTD 2008 YV o mx y m x � r•� n_ � �_ K 2K K� m� r, �, a s Month to Month Calls for Service Comparison January 2009 0 Jan. 09 a Jan. OS 3,000 2,8492,540 2,000 � 1,53 0�257 1.3191 283 1,000 Total Non -Criminal Criminal Year to Date Calls for Service Comparison 3,000 2,540 2,500 d Y 2,000 1,530 ❑ YTD 2009 1,500 1,283 p YTD 2008 1,257 1,000 -- --- 500 0 Total Non -Criminal Criminal 530 u e � C ~9VK' COUNCIL/RDA MEETING DATE: March 17, 2009 AGENDA CATEGORY: ITEM TITLE: Continued Public Hearing to Consider BUSINESS SESSION: — Adoption of Resolutions and an Ordinance for: 1) Certification of Mitigated Negative Declaration of CONSENT CALENDAR: Environmental Impact for Environmental Assessment STUDY SESSION: 2008-597, General Plan Amendment 2008-116 from Low Density Agricultural/Residential to Low Density PUBLIC HEARING: Residential, Zone Change 2008-136 from Low Density Agricultural/Equestrian Residential to Low Density — Residential and Tentative Tract Map 31434 for Subdivision of ±30.2 Acres into 94 Single Family Lots and Other Miscellaneous Lots for Property Located on the West Side of Monroe Street at the West Termination of Avenue 61. Applicant: Monroe Dates, LLC RECOMMENDATION: 1. Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2008- 597. 2. Adopt a Resolution of the City Council approving General Plan Amendment 2008-1 16. 3. Move to take up Ordinance No. _, by title and number only and waive further reading. Motion to introduce Ordinance No. on first reading, approving Zone Change 2008-136. 4. Adopt a Resolution of the City Council approving Tentative Tract Map 31434, subject to Conditions. FISCAL IMPLICATIONS: None CHARTER CITY IMPLICATIONS: None 53 i PREVIOUS CITY COUNCIL REVIEW: This request was previously considered by the City Council at the meeting of February 17, 2009 (Attachment 1). During the meeting, the Council discussed the applicant's concerns regarding the Planning Commission's recommendation for limiting structures to a single story and requiring larger side yard setbacks on Lots 24, 25 and 54. While there was little comment from surrounding property owners, the City Council voiced several concerns regarding the lack of amenities proposed for the age restricted single family residential project. The City Council moved to continue the request to the March 17, 2009 meeting to allow time for the applicant to address the larger side yard setbacks and to consider additional amenities appropriate for the applicant's request. REVISED PROPOSAL: In response, the applicant has submitted a letter specifically addressing amenities and has included a drawing illustrating his revised proposal (Attachment 2). In his letter, Mr. Knight is withdrawing his request to allow second floor sun decks in his project and is requesting a 15 foot side yard setback for Lots 24, 25 and 54 rather than the 20 feet recommended by the Planning Commission. The applicant's letter includes a survey of a number of 55 + and non -age restricted residential projects in La Quinta to determine what amenities they provide. All of the age -restricted projects are much larger than the 94 lots he proposes. The amenities are proposed to be within the boundaries of his 2.48 acre retention basin in the middle of the project. The amenities are: 1. Shade structure, picnic table, barbeque, drinking fountain 2. Play structure, swings 3. Bocci ball court 4. Exercise/fitness course 5. Basketball court (half -court) 6. Walking path 7. Open turf area 8. Park benches Except for the benches, the location of these amenities is conceptually shown on the submitted plan. The applicant notes these facilities would probably use less than .25 acre of the basin. The applicant is also proposing to utilize the second .68 acre retention basin at the southwest corner of the site as a dog park. The applicant notes that his survey found this is one of the most requested amenities in age -restricted projects. As 53� with typical dog parks, clean—up provisions and a picket -type fence and gate enclosure along the street would be provided. The applicant has identified that this will be a low water use area that will be covered in decomposed granite. The applicant notes that at the last hearing the impact of Lots 89 and 90 on the adjacent neighbors was brought up. It is noted that in addition to the required setback a 10 foot wide landscape lot will be provided and landscaped to minimize any impacts. BACKGROUND AND OVERVIEW: The 30.2t acre site consists of two parcels with 1,322 feet of depth and a combined 997 feet of street frontage on the west side of Monroe Street at the west termination of Avenue 61 (Attachment 3). The project site is surrounded on the north, south and west by Trilogy Country Club with the approved, but undeveloped Palazzo subdivision Avenue 61, and unincorporated vacant land to the east. The site once was improved with a single-family residence and large pool. These improvements have been demolished. With the exception of the northeast quadrant of the site, approximately three -fourths of the site is planted in date palm trees which were farmed in the past. They are no longer farmed or watered. Approximately 12 full grown Washingtonia fan palms exist near the northeast corner of the site along Monroe Street. Trilogy Country Club has constructed block walls around the property on three sides. Previously in 2005, the applicant proposed a 118 single-family lot non -age restricted subdivision on the property (Attachment 4). A Planning Commission public hearing was held on that request in June, 2005. At the hearing a number of adjacent Trilogy home owners spoke in opposition to, or raised questions about the project. Their concerns included items such as noise from cars and residents, retention basin maintenance, lot size compatibility and removal of the date palm trees. The Planning Commission requested the applicant redesign the previously submitted project. They noted it lacked creative design, needed clarification of recreational facilities and possibly was too high in density (7,700 square foot average lot size). They provided the following general direction to the applicant: 1. Provide narrower interior private streets, with no parking or parking on one side only. Parking on both sides of the streets was proposed. 2. Provide a design for the project entry area. 3. Identify the miscellaneous lots and their uses. The applicant did not submit a redesigned proposal to staff and the case was closed in 2007. 53 31 PROPOSAL: Overview: The following is an overview of the original proposal presented at the last City Council hearing of February 17, 2009. General Plan Amendment: The General Plan designates property as Low -Density Residential with an Agricultural/Equestrian Overlay. The overlay exists over some of the eastern residentially zoned parts of the City and all of the City Sphere of Influence and is intended to maintain and allow agricultural and equestrian land uses in the eastern part of the City and its Sphere of Influence. The General Plan Amendment request proposes to remove the Agricultural/Equestrian overlay leaving the property with a Low Density Residential designation. This would allow single family lot development at a maximum density of 4 dwelling units per acre (du/ac). The proposed subdivision is proposed at less than 4 du/ac. In addition to this amendment, a zone change is required to change the zoning in the same manner to be in conformance with the proposed Low - Density Residential General Plan designation. Zone Change: The Zone Change as requested changes the Low-Density/Agricultural-Equestrian Residential District zoning to Low Density Residential, which allows minimum 7,200 square foot single family lots and up to 4 du/ac. The existing Low Density/Agricultural-Equestrian Residential District requires a minimum 10,000 square foot lot, larger setbacks and allows a density of approximately 3 du/ac. Additionally, it permits limited equestrian and agricultural uses. The applicant is proposing 94 single family lots, which is approximately 3.1 du/ac. The smallest proposed residential lot is 8,380 square feet exceeding the minimum 7,200 square foot size required under the proposed Low -Density Residential zoning but not meeting the 10,000 square foot requirement of the existing Low- Density/Agricultural-Equestrian Residential District. Tentative Tract Map: The tract is proposed to consist of 94 single-family lots. Several miscellaneous lots would be created for landscaping, private streets and storm water retention (Attachment 5). The applicant indicates the residency would be age -restricted to residents 55 years old and older. As noted, the proposed Low Density Residential (RL) zoning requires a minimum lot size of 7,200 square feet. All proposed lots exceed this requirement with the 4 smallest lot 8,380 square feet, the largest 16,236 square feet and the average lot 9,694 square feet. Storm water will be held in two retention basins, one near the center of the site and the second smaller one at the southeast corner of the property adjacent to Monroe Street. In the previous tract map proposal this second basin was to be a Coachella Valley Water District (CVWD) well site. It has since been determined by CVWD that a well site is not needed for this project. By providing this second retention basin, the original larger basin's depth has been reduced. The vehicular circulation for the tract is laid out in two connecting loops and utilizes private curvilinear streets and two cul-de-sacs. The project will have a card accessed gate and provide private 36-foot wide curvilinear streets except for two short 33-foot wide dead-end sections. The wider streets will allow on -street parking on both sides of the street with the narrower street sections allowing parking only on one side. Access to the gated community is via Monroe Street and aligns with Avenue 61 to the east. A twelve -foot wide landscape median is shown in the middle of the private street entry. An emergency vehicle access connection, shown to Monroe Street, is proposed near the north end of the tract between Lots 6 and 7. Originally, the project did not propose any recreational amenities. As noted, a number of amenities are now proposed. The retention basins will be landscaped and be the location of the newly proposed amenities. Landscaping and home plans will be submitted at a later date and be subject to separate site development permit review and approval. Grading of the tract will place the proposed residential pads anywhere from even to approximately three feet below the adjacent Trilogy residences. PUBLIC AGENCY REVIEW Staff transmitted a copy of the applicant's project request to responsible public agencies. All agency comments received have been made part of the Conditions of Approval for this case to the extent they are applicable. SENATE BILL18 (SB 18) CONSULTATION REVIEW As required by SB 18, staff notified the local Native -American tribes of the General Plan Amendment request, giving them the opportunity to request consultation on the project and its effects on Native -American cultural resources. Although no responses were received from any of the tribes, mitigation measures as discussed below have been included in the Mitigation Negative Declaration to address possible impacts on any cultural resources. Therefore, the requirements of SB 18 have been complied with. ,.... 535 PUBLIC NOTICE The proposed project applications were advertised in The Desert Sun newspaper on January 16, 2009 for the January 27, 2009 Planning Commission hearing and February 2, 2009 for the City Council hearing on February 17, 2009. No written comments or phone calls were received for the Planning Commission hearing, and to date, none have been received for the continued City Council hearing. ANALYSIS: New Amenities: As requested, the applicant has re -studied his submittal and is now proposing amenities that he believes addresses the concerns previously raised. Originally, no amenities were proposed for the project. However, as a result of the Planning Commission hearing, sidewalks and a walkway around the retention basin along with a shade structure were recommended. City Council requested the applicant consider providing additional amenities. In response, the applicant has proposed additional amenities including a half -court basketball court, dog park, exercise course, bocce ball court and a children's play structure and swings. The dog park is intended to be covered with decomposed granite. It is suggested that City Council consider such an area be equipped with a turf base and be equipped with a shade structure, benches and a two level water fountain. A Condition of Approval has been added to the Tentative Tract Map requiring that the amenities listed in the letter from the applicant be provided and further addressed during the Site Development Permit process. The Condition further requires the use of turf as the primary base of the dog park. Side Yard Setbacks: The applicant is still requesting a modification of the Tentative Tract Map condition (Condition #81) recommended by the Planning Commission requiring 20 foot side yard setbacks adjacent to the Trilogy boundary for Lots 24, 25, and 56. At the last hearing on February 17, 2009 the applicant requested the setback be changed from 20 feet to 10 feet. The applicant is now requesting the setback be 15 feet. The Planning Commission recommended the increased setback as they believed the standard five foot setback adjacent to the Trilogy boundary would be detrimental to existing homes. Depending on whether the side yard setback is 20 feet or 15 feet, the following buildable house width envelopes would be created: 1. Lot 24 — 70 feet wide a. 20 foot setback - 45 foot width home b. 15 foot setback - 50 foot wide home 2. Lot 25 — 71 feet wide a. 20 foot setback - 46 foot width home b. 15 foot setback - 51 foot wide home 3. Lot 54 — 87 feet wide a. 20 foot setback - 62 foot width home b. 15 foot setback - 67 foot wide home The existing Trilogy homes that back up to these lots vary between 42 and 45 feet in width on mostly 55 foot wide lots. The rear yards for these homes vary from 22.3 to 66.7 feet deep. The deeper yards are adjacent to the Monroe Dates Lots 24 and 25. With regards to pad elevation difference, proposed Lots 24 and 25 vary from 1.1 to 2.3 feet lower than the six adjacent Trilogy lots. Proposed lot 54 is lower than the two adjacent Trilogy lots by 4.9 and 6.4 feet. With a 20 foot side yard setback Lots 24 and 25 may require a modified house plan as it is anticipated that the homes in this development will typically be wider with the majority of the proposed lots being at least 70 feet wide. Lot 54 is wider and should accommodate a typical home for this development. The following is analysis from the City Council hearing on February 17, 2009 follows: Applications: As previously noted, the 2005 Tentative Tract Map submittal was objected to by the neighbors and Planning Commission because it lacked creativity, was too dense, and could create nuisances. This new design addresses many of the previous concerns. The design provides larger lots, and is laid out in a manner that utilizes meandering streets, cul-de-sacs and two connecting loops. The proposed lots are larger than those in Trilogy abutting the property and the project is to be an adult community. The layout of the tract is acceptable, as conditioned, and staff believes it is compatible with surrounding properties. The current map now proposes recreational amenities. Staff and Planning Commission have recommended a walking path around the top of the larger retention basin (Lot H) with a gazebo -type structure and benches thus providing some amenities appropriate for active adults. The walkway should tie-in with and include the retention basin access between Lots 78 and 79. Furthermore, as noted below in the next section, during their review the Planning Commission added a Condition of Approval that sidewalks be provided throughout the tract so residents do not have to walk in the street. One of the items discussed in the 2005 review was the desirability of providing narrower streets with one side or no on -street parking. As part of the current 531 proposal, staff has discussed this with the applicant who stated that streets with parking on both sides as he is proposing provides a safer walking and driving environment and is more compatible with the upscale adult type of project he envisions. He also noted that Trilogy, which surrounds his site on three sides, has a similar street section that provides parking on both sides of the street. The recommended Conditions of Approval allow the 36' wide streets, but permit a reduction in width to 32' in conjunction with a reduction in on -street parking (Condition #22.B.4). The Planning Commission during their review on January 27, 2009 did not require narrower streets. The General Plan Amendment and Zone Change requests would remove the agricultural and equestrian designation from the property. This would be compatible with the surrounding Trilogy property on three sides, and KB Homes tract to the east. The Trilogy and KB Homes properties are zoned Medium -Density, but a lower density is compatible with those properties. Common area, entry and perimeter landscaping plans have not been submitted to date because the applicant wanted to insure that the design issues of the tract layout were resolved first. Landscaping and home plans will be approved separately under a Site Development Permit. Most of the existing Washingtonia fan palms appear to be in good condition. They should be retained and incorporated into the landscape near the project entry and/or in the retention basin bottoms or edges. The proposed finish grade of the lots adjacent to Trilogy, are lower than the adjacent Trilogy residential lots, except for one lot which is even with the existing Trilogy lot. This will help to minimize impacts on the adjacent properties. Furthermore, Section 9.60.310 of the Municipal Code restricts homes on the boundary where homes abut the tract, to a one story height for compatibility. The applicant states he has met with the adjacent Trilogy property owners and homeowners association to show them his current proposal. He indicates they felt the project was acceptable to them. PLANNING COMMISSION ACTION The Planning Commission reviewed this project at its January 27, 2009 regular meeting, and recommended to the City Council approval of all applications, on 5-0 votes (Attachment 6)• Staff noted the request included a General Plan Amendment and Zone Change to eliminate the agricultural/equestrian designation on the property. The Planning Commission did not indicate that this was an issue. Planning Commission discussion prior to the public testimony included whether the 538 Tentative Tract Map should provide some amenities and design features for the senior adult residents, ensuring the project is developed and remains a seniors only project, and setback compatibility of several lots (#24, 25, and 54) with existing Trilogy homes. Staff noted that the Public Works Department requested a modification to Condition #22A1 i of the Tentative Tract Map to clarify the applicant's traffic signal interconnection requirements along Monroe Street. During the meeting several homeowners from Trilogy spoke regarding the project. While none objected to development of the project, they discussed several items including, poor condition of the existing date palm trees, proposed grading of the tract, a desire that only one story homes be allowed, and how the adult nature of the project and amenities would be guaranteed. The Commission recommended that, due to the nature of the residents that would live there, rolled curbs and four foot wide sidewalks on all streets, be provided for safety and to provide an amenity attractive to active adult residents. This could be used in conjunction with the staff -recommended walking path around the larger retention basin and seating areas. It was discussed, with agreement from the applicant that the Conditions, Covenants, and Restrictions (CC & R's) include provisions that the project be limited to 55 years or older active adults. Proposed Lots 24, 25 and 54 have side yards that are adjacent to Trilogy back yards. As such, the new homes could be within five feet of the Trilogy back property lines because the lots side property line abutted the Trilogy back property line. The Commission felt a larger side yard setback, similar to the 20' rear yard (if the lots were back-to-back should be provided to minimize impacts on existing adjacent Trilogy homes. After the above discussion, the Planning Commission took actions to recommend to the City Council approval of the project applications, with the Tentative Tract Map subject to the following modifications to the Conditions of Approval: 22A1 i. Install traffic signal interconnection and loop detection conduit and pull boxes for future traffic signal installations at Avenues 60 and 62 along the project frontage. (amended at request of Public Works Department) 81. Lots 24, 25, and 54 shall provide a minimum 20' interior side yard setback on the side adjacent to the project boundary. (added) 82. A rolled or similar curb shall be used throughout the project. (added) 83. Minimum four foot wide sidewalks shall be provided adjacent to the street curbs, except in areas adjacent to the retention basin where the 539 required walking pathways are provided. (added) 84. As proposed per the application submitted by the applicant and reiterated at the time of the Planning Commission hearing, the project shall be age -restricted to 55 years and older as defined by the State Department of Real Estate. Said age -restriction shall be included in the Conditions, Covenants, and Restrictions (CC & R's) with the CC & R's reviewed and approved by the City Attorney prior to final approval of the Final Map by the City Council. (added) 85. All structures in the project shall be limited to one story in height. (added) FINDINGS AND ALTERNATIVES: Findings necessary to approve the various development applications can be made and are contained in the attached Ordinance and Resolutions. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2008- 597. Adopt a Resolution of the City Council approving General Plan Amendment 2008-1 16. Move to take up Ordinance No. _, by title and number only and waive further reading. Motion to introduce Ordinance No._ on first reading, approving Zone Change 2008-136. Adopt a Resolution of the City Council approving Tentative Tract Map 31434, subject to Conditions; or, 2. Do not take up Ordinance or adopt Resolutions of the City Council approving project; or, 3. Provide staff with alternative direction. 540 /Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Council Minutes for the Meeting of February 17, 2009 2. Letter from Mr. Craig Knight dated March 9, 2009 3. Location Map 4. Prior TTM 31434 Map exhibit 5. Current TTM 31434 exhibit 6. Planning Commission Minutes for the Meeting of January 27, 2009 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2008-597 PREPARED FOR GENERAL PLAN AMENDMENT 2008-597, ZONE CHANGE 2008-136 AND TENTATIVE TRACT MAP 31434 ENVIRONMENTAL ASSESSMENT 2008-597 APPLICANT: MONROE DATES, LLC WHEREAS, the City Council of the City of La Quinta, California, did, on the 17`" day of February, and continued to the 17`" day of March, 2009, hold duly noticed Public Hearings to consider the request of MONROE DATES, LLC for Environmental Assessment 2005-536 prepared for General Plan Amendment 2008- 116, Zone Change 2008-136 and Tentative Tract 31434, for a 30.2± acre site located on the west side of Monroe Street at the west termination of Avenue 61, more particularly described as: APN's: 764-280-014 and 764-270-015 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 271h day of January, 2009, hold a duly noticed Public Hearing to consider the request of Monroe Dates, LLC for Environmental Assessment 2005-536 prepared for General Plan Amendment 2008-1 16, Zone Change 2008-136 and Tentative Tract 31434 and did recommend certification by adoption of Resolution 2009-002; and WHEREAS, said Environmental Assessment complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Planning Director has conducted an Initial Study (Environmental Assessment 2008-597) and has determined that although the proposed Project could have a significant effect on the environment, mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non -significance, and that a Mitigated Negative Declaration of environmental impact and associated Mitigation Monitoring Program should be adopted; and WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify certification of said Environmental Assessment: 5411 Resolution No. 2009- Environmental Assessment 2008-597 Monroe Dates, LLC Adopted: Page 2 1. The proposed applications will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 2008-597. 2. The proposed project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. The property has not been identified as a habitat for any endangered or threatened wildlife. 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. The property has not been identified as a habitat for any endangered or threatened wildlife. Furthermore, landscaping will be installed which may provide some habitat. 4. The proposed project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Environmental Assessment. 5. The proposed project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project. If the project is approved as proposed, it will be in compliance with the General Plan and in conformance with surrounding development. 6. The proposed project will not have environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment. 543 Resolution No. 2009- Environmental Assessment 2008-597 Monroe Dates, LLC Adopted: Page 3 8. The City Council has considered Environmental Assessment 2008-597 and said assessment reflects the independent judgment of the City. 9. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.51d►. 10. The location and custodian of the City's records relating to this project is the Planning Department located at 78-495 Calle Tampico, La Quinta, California. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council for this Environmental Assessment. 2. That it does hereby certify Environmental Assessment 2008-597 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Mitigation Monitoring Program, attached as Exhibit "A" and on file in the Planning Department. 3. That Environmental Assessment 2008-597 reflects the independent judgment of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 17`n day of March, 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 544 Resolution No. 2009- Environmental Assessment 2009-597 Monroe Dates, LLC Adopted: Page 4 ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California Environmental Checklist Form (EA 2008-597) Resolution No. 2009- Exhibit "A" 1. Project title: General Plan Amendment 2008-116; Zone Change 2006-136; Tentative Tract Map 31434. "Monroe Dates LLC" 2. Lead agency name and address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact person and phone number: Stan Sawa 760-777-7125 4. Project location: The west side of Monroe Street, north and south of Avenue 61. Assessor's Parcel No. 764-280-014, -015. 5. Project sponsor's name and address: Monroe Dates LLC 1387 Ambassador Way Salt Lake City, UT 84108 6. General Plan Designation: Existing: Low Density Residential, Low Density Agriculture/Equestrian Residential Proposed: Low Density Residential 7. Zoning: Existing: Low Density Residential, Low Density Agriculture/Equestrian Residential Proposed: Low Density Residential 8. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) The proposal includes a General Plan Amendment and Zone Change to remove the Low Density Agriculture/Equestrian Residential overlay from 30.26 acres located on the west side of Monroe Street, north and south of Avenue 61. This overlay provides special standards and requirements associated with lot size and land uses in this portion of the City. The Tentative Tract Map proposes the subdivision of the 30.26 acres into 94 single family residential lots of 8,668 square feet or more, as well as lots for a well site, retention and landscaping areas, and streets. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North: Existing single family residential and golf course (Trilogy) South: Existing single family residential and golf course (Trilogy) East: Monroe Street, North of Avenue 61: existing single family residential (Tract Map 31733). South of Avenue 61: existing agriculture. West: Existing single family residential and golf course (Trilogy) 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) 546 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Biological Resources Agriculture Resources Cultural Resources Air Quality Geology /Soils Hazards & Hazardous Hydrology / Water Land Use / Planning Materials Quality Mineral Resources Noise Population / Housing Public Services Recreation Transportation/Traffic Utilities / Service Mandatory Findings of Significance Systems DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: find that the proposed project COULD NOT have a significant effect on the ;nvironment, and a NEGATIVE DECLARATION will be prepared. [ find that although the proposed project could have a significant effect on the -nvironment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact' or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIIt or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Date Fxhihit. I — TracTfvIIp a W o yy F ii i � f ff •: 77 � �` E�i g g � ,I 11W EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except No Impact answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on - site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). hi this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a X scenic vista? (La Quinta General Plan Exhibit 3.6 "Image Corridors") b) Substantially damage scenic resources, X including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Aerial photograph; Site Inspection) c) Substantially degrade the existing X visual character or quality of the site and its surroundings? (Application materials) X d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? (Application materials) I. a)-c) The General Plan Amendment and Zone Change will have no impact on scenic vistas. The proposed project is surrounded on three sides by existing single family development, and proposes single family homes of similar size and mass. The project does not include the design of the homes at this time. However, the zoning ordinance allows one and two story construction in the Low Density Residential zone, and it can be expected that one and two stories will be proposed for the project site. The views and scenic vistas in this part of the City occur to the west and south. The proposed project will not obstruct these vistas, as the site is on the Valley floor, some distance from the foothills, and views of the mountains will remain. The site is currently a date grove, and the date palms will be removed as a result of the implementation of the proposed project. The grove is man-made, however, and does not constitute a significant stand of trees. No historic buildings occur on the site. The proposed project will eventually construct single family homes on the site, of a similar size, and on similarly sized lots as those already surrounding the site. The project site is the last remaining parcel on the west side of Monroe in this area which is not developed. The project will therefore have no impact on the visual character of the area. d) The project site is currently vacant. Development of the single family homes will result in limited lighting associated with landscaping and architectural lighting. The level of lighting is expected to be consistent with that already occurring in the area, and will not significantly increase lighting levels in the area. Impacts are expected to be less than significant. 550 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact H. AGRICULTURE RESOURCES: Would theproject: a) Convert Prime Farmland, Unique X Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? (General Plan EIR p. III-21 ff.) X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing environment which, due to their location X or nature, could result in conversion of Farmland, to non-agricultural use? (General Plan Land Use Map; Site Inspection) II. a)-c) The General Plan Amendment and Zone Change will have no impact on agricultural resources. The project site is currently in agriculture. Development of the homes which will result from implementation of the proposed project will result in the loss of 30 acres of date grove in the area. However, the site is surrounded by development on three sides, and is not conducive to the long term use in agricultural production. Further, the site is too small to represent a significant agricultural production area in the long term. There are no Williamson Act contracts on the project site. The site is designated for residential development, and such development has occurred surrounding the site. The implementation of the proposed project will have no impact on lands currently in agriculture to the east, insofar as these parcels can continue to be farmed with or without the proposed project. Impacts associated with agricultural resources are expected to be less than significant. 551 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact 11I. AIR QUALITY: Would the project: a) Conflict with or obstruct X implementation of the applicable air quality plan? (General Plan EIR) b) Violate any air quality standard or X contribute substantially to an existing or projected air quality violation? (General Plan EIR) c) Result in a cumulatively considerable X net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (General Plan EIR) d) Expose sensitive receptors to X substantial pollutant concentrations? (General Plan EIR) e) Create objectionable odors affecting a X substantial number of people? (Application materials) III. a) The General Plan Amendment and Zone Change will have no impact on air quality. The implementation of the proposed project is consistent with the General Plan land use designation assigned to the site, in terms of density proposed. The South Coast Air Quality Management District (SCAQMD), which has jurisdiction over air quality management in the region, has based its air quality management planning on each jurisdiction's General Plan. Therefore, the proposed project was considered in SCAQMD planning efforts, and is consistent with the air quality management plans in effect for the City. b)- e) The City, and Coachella Valley, are in non -attainment for PM10 (particulate matter of 10 microns or smaller). The City can be subject to high winds, which can suspend dust and sand in the air, and cause unhealthful conditions. Air emissions will occur during construction and the life of the project, primarily those associated with vehicle emissions. Construction and long term emissions are addressed individually below. ., 552 Grading and Construction It is expected that the site will be mass graded. As a result, as shown in Table 1, the site has the potential to generate up to 798.9 pounds of fugitive dust during the grading process. The City will require that the project prepare a fugitive dust management plan, which will include site watering or other stabilization measure, and other controls of the grading process to reduce air emissions. This plan is required to reduce emissions associated with fugitive dust to the greatest extent possible. In addition, mitigation is proposed below to limit the area to be graded, in order to reduce the potential for fugitive dust generation. The combination of these two measures will reduce impacts associated with fugitive dust to less than significant levels. Table 1 Fugitive Dust Potential (pounds per day) Total Acres to be Factor Total Potential Dust Disturbed at Buildout (lbs /day/acre) Generation (lbs./day) 30.26 26.4 798.9 South Coast Air Quality Management District " CEQA Air Quality Handbook" In addition to fugitive dust, the proposed project will generate air emissions from the heavy equipment used in the grading process. These emissions, and the emissions generated by the worker trips associated with this phase of construction, are summarized in Table 2. As shown in the Table, grading equipment air emissions will not exceed SCAQMD thresholds of significance, and impacts will be less than significant. Table 2 Grading Equipment Emissions (nounds per day) # hrs/ Equipment Pieces dayCO NOx ROG SOx* PM10 PM2.5 CO2 2 8 9.81 20.00 2.45 0.02 1.04 0.92 2,123.2 Grader Crawler Tractors 0 1 8 8 - 8.79 - 20.54 2.33 0.02 0.87 0.77 2,100.0 Scrapers Tractor/Loader/Backhoe 1 8 3.06 4.65 0.69 0.01 0.35 0.31 534.4 Rubber Tired Dozer 1 8 9.99 21.49 2.49 0.02 0.91 0.81 1,912.8 Off -Highway Trucks 1 8 5.31 16.13 1.79 0.02 0.57 0.51 2,080.8 Other Construction Equipment 2 8 6.16 13.76 7.83 0.14 0.04 0.04 0.18 Total 43.11 96.58 17.59 0.23 3.78 3.36 8,751 Source: EMFAC 2007 (Version 2.3) SCAB Fleet Average Emission Factors (Diesel) for 2012. *PM2.5 is 89% of PM 10, based on South Coast Air Quality Management District's "Final- Methodology to Calculate Particulate Matter (PM) 2.5 and PM 2.5 Significance Thresholds, October 2006. PM 10 accounts for all particulate matter less than 10 microns in diameter. .. 553 During grading, worker trips will also contribute to air emissions in the area. Table 3, below, illustrates the combined emissions from these trips and the equipment emissions shown in Table 2. As shown in the Table, grading emissions will not exceed SCAQMD thresholds, and the impacts will be less than significant. Table 3 Grading - Related Exhaust Emissions Summary (Dounds per day) CO NOx ROG SOX PMIo PM2.5 CO2 Equipment Emissions 43.11 96.58 17.59 0.23 3.78 3.36 8,751.38 Workers' Vehicle Emissions 4.33 3.39 0.57 0.01 0.14 0.11 725.21 Total Construction Emissions 47.44 99.97 18.16 0.24 3.92 3.48 9,476.59 SCAQMD Thresholds of Significance 550.00 100.00 75.00 150.00 150.00 55.00 N/A Construction activities will follow the grading process. It is expected that homes will be built in groups on the site, and not all 94 homes will be constructed at one time. For purposes of this analysis, it has been assumed that up to 25 units would be in production at any one time. The construction of these units will generate air emissions from the application of coatings, the paving of streets, and the use of mobile and stationary equipment. Table 4 summarizes the emissions expected during the construction process. As shown in the Table, construction activities are not expected to exceed SCAQMD thresholds of significance, and impacts will be less than significant. Table 4 Aggregate Construction - Related Emissions Summary (Dounds per day) PM1 CO NOx ROG SOX 0 PM2.5 CO2 Equipment Emissions 23.06 41.16 5.83 0.05 2.46 2.19 4,755.20 Workers' Vehicle Emissions 17.33 13.58 2.28 0.03 0.55 0.46 2,900.86 Asphalt Paving Emissions - - 0.52 - - Architectural Coatings Emissions - 46.25 Total 40.40 54.74 54.88 0.08 3.01 2.64 SCAQMD Thresholds of Significance 550.00 100.00 75.00 150.00 150.00 55.00 N/A Operational Emissions The primary source of air pollutants generated by the project will be from vehicle trips to and from the project site. The Institute of Transportation Engineers estimates that single family homes generate 9.57 trips per day. At build out, therefore, the proposed project will generate 900 trips per day. Based on these trips, the emissions from the vehicles can be estimated, and are shown in Table 5. 554 Table 5 Daily Exhaust Emissions at Project Build Out (pounds per day) Total Miles Traveled per Pollutant CO NOx ROG sox PMto PM2.5 CO2 Passenger Vehicles 76.18 7.36 8.37 0.14 1.24 0.81 14,642.65 Delivery Trucks 2.92 3.17 0.44 0.01 0.13 0.10 764.46 Total Pounds per 79.10 10.53 8.80 0.15 1.37 0.91 15,407 Da SCAQMD Thresholds 550.0 100.0 of Significance 0 0 75.00 150.00 150.00 55.00 N/A Source: EMFAC 2007 (Version 2.3) Emissions Factors for On -Road Passenger Vehicles & Delivery Trucks. Passenger Vehicles are < 8500 lbs, and Delivery Trucks are > 8500 lbs. Passenger vehicles are assumed to be traveled by 98% of the total trips and delivery trucks represent 2% of total miles traveled. As illustrated in the Table, the long term operation of the proposed project will not exceed thresholds of significance established by SCAQMD. impacts are expected to be less than significant. Objectionable Odors The proposed project will consist of single family homes which will only generate cooking and similar odors. These are not expected to be objectionable. No impacts are expected. Mitigation Measures 1. Grading on the project site shall be limited to no more than 10 acres of active grading during any one day. 555 Potentially Significant Less Than Significant w/ Less Than Significant No Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would the ro.ect: a) Have a substantial adverse effect, either X directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service (General Plan MEA, p. 78 ff.) b) Have a substantial adverse effect on any X riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (General Plan MEA, p. 78 ff.) c) Have a substantial adverse effect on X federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (General Plan MEA, p. 78 ff.) d) Interfere substantially with the X movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (General Plan MEA, p. 78 ff.) e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policy or ordinance? (General Plan MEA, p. 73 ff.) f) Conflict with the provisions of an X adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (General Plan MEA, p. 78 ff.) 556 IV. a) The General Plan and Zone Change will have no impacts on biological resources. The project site is not in its native condition, and consists of disturbed agricultural lands. A biological survey prepared in 2003 found that the site is entirely in agriculture, two- thirds of it being a date grove, and the balance an abandoned agricultural field. The on - site survey found no sensitive species, and the trapping survey found no species of concern. The site is within the boundary of the Coachella Valley Multiple Species Habitat Conservation Plan, but not within a conservation area for the Plan. The project will be required to pay mitigation fees, which are designed to mitigate all impacts to covered species. Impacts are expected to be less than significant. b)-f) The project site does not contain any riparian areas or wetlands. The project site is isolated, being surrounded by development, and does not provide a migratory corridor. No policies relating to biological resource preservation will be affected by the proposed project's build out. No impacts are expected. 557 Potentially Significant Less Than Significant w/ Less Than Significant No Impact Impact Mitigation Impact V. CULTURAL RESOURCES -- Would the ro'ect: X a) Cause a substantial adverse change in the significance of a historical resource as defined in'15064.5? (General Plan MEA p. 123 f.) b) Cause a substantial adverse change in X the significance of an archaeological resource pursuant to 'l5064.5? (General Plan MEA p. 123 ff.) c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? (General Plan MEA p. 88 ff.) d) Disturb any human remains, including X those interred outside of formal cemeteries? (General Plan MEA p. 123 ff.) V.a), b) & d) The General Plan and Zone Change will have no impacts on cultural resources. The project site is in agricultural production. However, a cultural resource analysis was prepared for the site. The Phase I report identified one prehistoric resource, and two potential historic resources on the site (two wells). The wells, upon further investigation, were found to be of no historic significance. The prehistoric resource was identified as a scatter of pottery and stone, which had the potential to be significant. As a result, a testing program was undertaken. The testing found that the site does not have the potential to be significant. All testing was reported, and materials collected and analyzed in an appropriate manner, to the extent necessary. No further analysis of this location is necessary. However, there is the potential that other resources, buried beneath the soil surface, could occur on the site. This would constitute a potentially significant impact which requires mitigation, as follows: 1. A qualified archaeological monitor will be present on the site during any ground disturbing activity, including removal of the existing trees on the site. The monitor shall be empowered to stop and/or redirect ground disturbing activities, should a resource be uncovered. A recovery plan shall be prepared and implemented should this occur. The monitor shall report on the monitoring effort in writing, and provide the City with the report within 30 days of the completion of the grading on the site. Implementation of this mitigation measure will assure that impacts associated with the proposed project will be reduced to less than significant levels. "Phase I Cultural Resources Assessment..." prepared by Archaeological Advisory Group, July 2003, and "Archaeological Testing and Evaluation Report" prepared by CRM Tech, September, 2003. .. 558 The proposed project site is not known to have been the location of a burial ground. California law requires that contractors immediately notify law enforcement officials should human remains be identified when grading occurs on the project site. This requirement assures that impact to human remains will be less than significant. V. c) The project site occurs within the traditional boundary of ancient Lake Cahuilla. A paleontological study was prepared for the project site 2. The study found mollusk shells on the site during the field survey. The destruction of these resources would represent a potentially significant impact, which requires mitigation, as follows: 1. Surface collection of surface fossils shall occur prior to any ground disturbance 2. A qualified paleontological monitor will be present on the site during any ground disturbing activity, including removal of the existing trees on the site. The monitor shall be empowered to stop and/or redirect ground disturbing activities, should a resource be uncovered. A recovery plan shall be prepared and implemented should this occur. The monitor shall report on the monitoring effort in writing, and provide the City with the report within 30 days of the completion of the grading on the site. 2 "Paleontological Resources Assessment Report," prepared by CRM Tech, July 2003. 551 Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, X as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (General Plan MEA Exhibit 6.2) ii) Strong seismic ground shaking? X (General Plan MEA Exhibit 6.2) iii) Seismic -related ground failure, X including liquefaction? (General Plan MEA Exhibit 6.3) iv) Landslides? (General Plan MEA Exhibit X 6.4) b) Result in substantial soil erosion or X the loss of topsoil? (General Plan MEA Exhibit 6.5) c) Be located on expansive soil, as X defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property (General Plan MEA Exhibit 6.1) d) Have soils incapable of adequately X supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (General Plan Exhibit 8.1) VI. a)-d) The General Plan and Zone Change will have no impacts on soils and geology. Implementation of the project, however, will result in structures which will be subject to groundshaking. The proposed project site is not located in an Alquist-Priolo Earthquake Fault Zone. The site, and the City in general, are located in a seismically active area, and will experience strong groundshaking during an earthquake. The City implements the most stringent building code requirements through implementation of 5G0 the Uniform Building Code provisions for seismically active zones. This requirement assures that impacts associated with groundshaking and construction will be less than significant. The project site is located in an area of the site subject to liquefaction hazards. The geotechnical investigation undertaken for the project site found groundwater at a depth of 16 feet below the surface. This indicates a potential for liquefaction during a seismic event. The geotechnical analysis includes recommendations for soil treatment, which will carry forward to the building plans for the project, and will protect the structures from liquefaction hazards. As the City requires site and project specific geotechnical investigations be submitted with building plans, this standard requirement will assure that impacts associated with liquefaction are reduced to less than significant levels. The project site is flat, and surrounded by flat lands, and will not be subject to landslides or rockfalls. The proposed project will be required to implement a fugitive dust management plan, which will include water stabilization during grading, and other measures, as determined by the City, to assure that wind erosion impacts are less than significant. Water erosion will be controlled through the City's requirement associated with NPDES standards, to which the proposed project will be subject. These will include the preparation of a Storm Water Pollution Prevention Plan (SWPPP) which will include best management practices to assure that storm water flows leaving the site are not polluted, and do not include silt. These City requirements will assure that impacts associated with implementation of the proposed project will be less than significant. The City's soils are not expansive, as they consist of sands and silty sands. The proposed project will be required to connect to sanitary sewer facilities, and will not include septic tanks. Overall, impacts associated with geology and soils are expected to be less than significant. 3 "Geotechnical Investigation Proposed Residential Development," prepared by Sladden Engineering, May 2003. col Potentially Significant Less Than Significant w/ Less Than Significant No Impact Impact Mitigation Impact VU' HAZARDS AND HAZARDOUS MATERIALS --Would the ro'ect: a) Create a significant hazard to the X public or the environment through the routine transport, use, or disposal of hazardous materials? (Application materials) b) Create a significant hazard to the X public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (General Plan MEA, p. 95 ff.) c) Emit hazardous emissions or handle X hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Application materials) d) Be located on a site which is included X on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Application materials) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) 0 For a project within the vicinity of a X private airstrip, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) g) Impair implementation of or physically X interfere with an adopted emergency response plan or emergency evacuation plan? (General Plan MEA p. 95 ff) X h) Expose people or structures to a sioniflcant risk of loss, injury or death 562 involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) VH. a)-h) The General Plan and Zone Change will have no impacts on hazards or hazardous materials. The development of the homes will result in small quantities of cleaning products and similar materials being stored in the homes. These materials will be disposed of by Burrtec, which implements local, County and State requirements for the handling of hazardous materials. Impacts will be less than significant. A Phase I Environmental Site Assessment was prepared for the proposed prcject4. The study found that the site's use in agriculture, pesticide storage had occurred, and that waste oil and underground storage tanks were located on the site, as was suspected asbestos -containing pipe and building materials. The study recommended remediation of these items, which was undertaken. The storage tank was properly remediated, and asbestos testing undertaken. All hazardous materials on the site have been remediated to the standards imposed by the County and the State, thereby reducing potential impacts to less than significant levels. The site is not within the boundaries of the airport land use plan. The proposed project site is not listed as a compromised site on any state or federal database. The proposed project is not located within '/4 mile of a school. There are no wildlands located adjacent or near the project site. 4 "Report of Phase I Environmental Site Assessment Assessors Parcel Numbers 764-270-015 and 764-280-014," prepared by Earth Systems Southwest, March 2003. 5 "Report of Underground Storage Tank Closure," prepared by Earth Systems Southwest, June 2003; and "Report of Asbestos Removal," prepared by Scott Morrison and Associates, 2003. 5o3 Potentially Significant Less Than Significant w/ Less Than Significant No Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or X waste discharge requirements? (General Plan EIR p. III-187 ff.) b) Substantially deplete groundwater X supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (General Plan EIR p. I1I-187 ff.) c) Substantially alter the existing drainage X pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on - or off -site? (General Plan EIR p. III-187 ff.) d) Substantially alter the existing drainage X pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on - or off -site? (General Plan EIR p. III-187 ff.) e) Create or contribute runoff water which X would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?(General Plan EIR p. III-187 ff.) f) Place housing within a I00-year flood X hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (General Plan EIR p. III-187 ff.) g) Place within a I00-year flood hazard X area structures which would impede or redirect flood flows? (Master Environmental Assessment Exhibit 6.6) 564 VIII. a) & b) The General Plan Amendment and Zone Change will have no impact on hydrology. The eventual development of the homes on the site, however, will necessitate domestic water and storm water management. The proposed project will be connected to the Coachella Valley Water District's (CVWD) sanitary sewer system. The CVWD maintains its facilities in compliance with all wastewater discharge requirements. To protect against the potential contamination of storm water, the proposed project will be required to comply with the City's NPDES standards, requiring that potential pollutants not be allowed to enter surface waters. The proposed project will require potable water for domestic use and for landscaping irrigation. The CVWD will provide water to the project site. The proposed project is consistent with, and less intense than, the land use designation assigned to the property. The CVWD utilized this land use designation, and a higher intensity land use scenario, in the development of its Urban Water Management Plan. The Plan identified existing and future water sources, and determined that sufficient supplies exist to provide domestic water to the project and City. The City will also require the implementation of water conserving appliances and fixtures, consistent with the Uniform Building Code. Finally, the project will be required to comply with CVWD's landscaping standards, which require water conservation through drought tolerant landscaping and extremely efficient irrigation systems. These requirements will assure that impacts associated with the proposed project are less than significant. VIII. c) & d) The City requires that projects prepare hydrology analysis, and such an analysis has been completed for the proposed project6. The hydrology study calculated the potential runoff generated by the 100 year storm, and sized the proposed on -site retention basin to accommodate these storm flows. The City Engineer will continue to review, and will ultimately approve, the final hydrology analysis, which will be based on final plans for the project. These City requirements will assure that the impacts associated with storm flows on the project site are less than significant. VIII. e)-g) The site is not located in a flood zone as designated by FEMA. No impact is expected. 6 "Tentative Tract 31434 Preliminary Hydrology and Hydraulics Report," prepared by MDS Consulting, June 2008. 5Ga Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IX LAND USE AND PLANNING - Would the project: a) Physically divide an established X community? (Aerial photo) b) Conflict with any applicable land use X plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (General Plan Exhibit 2.1) c) Conflict with any applicable habitat X conservation plan or natural community conservation plan? General Plan MEA p. 74 ff.) IX. a)-c) The project site is currently a date grove, and development of the site will not divide an established community. The General Plan Amendment and Zone Change propose to delete the Agriculture/Equestrian Residential Overlay from both the General Plan and Zoning maps for this parcel. This designation was applied in this portion of the City for properties located adjacent to more rural lands, to provide a transition to these rural lands from the more suburban character of lands to the west. The proposed project site is, however, surrounded on three sides by the Trilogy project, which consists of equivalent or more dense development than that proposed for the project site. Monroe Street borders the proposed project site on the east, further isolating it from more rural lands to the east. The proposed Amendments, therefore, are consistent with lands surrounding the project site, and will not significantly conflict with the General Plan or Zoning Ordinance in this instance. The proposed project is within the fee area for the Coachella Valley Multiple Species Habitat Conservation Plan. The proposed project will be required to comply with that Plan, and pay fees which are designed to mitigate the potential impacts to any covered species. No impact is expected. 5J'O Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a X known mineral resource that would be of value to the region and the residents of the state? (Master Environmental Assessment p. 71 ff.) b) Result in the loss of availability of a X locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment p. 71 ff.) X. a) & b) The General Plan Amendment and Zone Change will have no impact on mineral resources. The project site is and has been designated for low -density residential development, and does not occur in the vicinity of any mining activities. No mineral resources are expected to occur within the project site, and no impact is expected as a result of implementation of development on the site. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. NOISE Would the project result in: a) Exposure of persons to or generation X of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (General Plan MEA p. 111 ff.) b) Exposure of persons to or generation X of excessive groundborne vibration or groundborne noise levels? (General Plan MEA p. 111 ff.) c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? (General Plan MEA p. 111 ff.) d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project? (General Plan MEA p. ill ff.) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) XI. a)-f) The General Plan Amendment and Zone Change will have no impact on noise. The eventual development of the proposed project will, however, result in increases in noise levels, generally associated with the increased vehicle trips in the area. The project site is located on Monroe Street. The General Plan EIR identified this area of the City as having relatively low long term noise levels. The project will include a 6 foot wall on the eastern boundary, which will serve as a noise buffer for adjacent lots. The noise levels on the project site are expected to meet the City's 65 dBA CNEL noise standards. SGry The project will result in elevated noise levels during the construction process. The site is surrounded by the walls built for the Trilogy project on three sides. Although noise levels in excess of General Plan standards are likely to occur for short periods, depending on the equipment or construction activity, these levels will be during the noisier day time hours, and will not significantly impact the noise environment in the area. Impacts are expected to be less than significant. The project's construction may also generate some vibration, depending on the construction equipment required. This condition will be temporary and periodic, and is not expected to impact sensitive receptors, since the proposed project is surrounded by existing commercial development. The impacts are expected to be less than significant. The project site is not located within the noise contours of any airport or airstrip. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XII. POPULATION AND HOUSING — Would the project: a) Induce substantial population growth X in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (General Plan, p. 9 ff., application materials) b) Displace substantial numbers of X existing housing, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) c) Displace substantial numbers of X people, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) XII. a)-c) The General Plan Amendment and Zone Change will have no impact on population or housing. The eventual development of 94 homes will occur in response to growth in the area, and is not expected to cause growth in the area. The site is located on the City's existing street system, and is served by existing infrastructure. No significant extension of infrastructure will result from the proposed project. Impacts are expected to be less than significant. 569 The project site is operated as a date grove, and will not result in the destruction of housing, or the displacement of people. Overall impacts associated with population and housing are expected to be less than significant. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, p. 57) X Police protection? (General Plan MEA, p. 57) X Schools? (General Plan MEA, p. 52 ff.) X Parks? (General Plan; Recreation and Parks X Master Plan) Other public facilities? (General Plan MEA, X p. 46 ff.) XIII, a) The General Plan Amendment and Zone Change will have no impact on public services. The proposed project will result in some increases in demand for police and fire services. However, the project will be required to pay Impact Fees, which are structured to include the additional facilities required to accommodate additional land uses in the City. hi addition, the proposed project will generate sales and property tax, which will help offset the costs associated with providing additional services. The proposed project will pay the mandated school fees in place at the time of development. These fees are designed to offset the costs associated with new development, and allow the school district to construct new facilities. 570 The proposed project will pay Quimby fees for parks, and also includes an on site park area, which will be available for residents, and which may reduce those residents' need for off -site parks facilities. Overall impacts associated with public services and facilities are expected to be less than significant. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIV. RECREATION -- a) Would the project increase the use of X existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application materials; General Plan Exhibit 5.1) b) Does the project include recreational X facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application materials) XIV. a) & b) The General Plan Amendment and Zone Change will have no impacts on recreation. As stated above, the proposed project will include an on site park area which will offset the need for other City facilities. The project will not result in a need for additional recreational facilities. Overall impacts are expected to be less than significant. 571 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is X substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (General Plan EIR, p. III-29 ff.) b) Exceed, either individually or X cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (General Plan EIR, p. III-29 ff.) c) Result in a change in air traffic X patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (No air traffic involved in project) d) Substantially increase hazards due to a X design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Application materials) e) Result in inadequate emergency X access? (Application materials) f) Result in inadequate parking capacity? X (Application materials) g) Conflict with adopted policies, plans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description; MEA Exhibit 3.10) XV. a)-g) The General Plan Amendment and Zone Change will have no impact on Traffic or Circulation. The eventual development of 94 single family residences will result in approximately 900 average daily trips to and from the site. The traffic generated by the site is consistent with that analyzed for the General Plan, as the project is consistent with the General Plan designation of Low Density Residential. The General Plan EIR found that levels of service in this area of the City, and Monroe Street in particular, will be acceptable at General Plan buildout. As the project is consistent with what was analyzed in the EIR, and no significant changes in land use have occurred in the vicinity of the proposed project, the impacts associated with traffic on local roads are expected to be less than significant. The proposed project wll be required to provide parking consistent with the Zoning Ordinance. The project is on the City's existing street system, and will have no impact on emergency access or response. The proposed project is not within the SunLine service area. The proposed project is not within the influence area of an airport or airstrip. Overall impacts associated with transportation and traffic are expected to be less than , significant. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment X requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, p. 58 ff.) b) Require or result in the construction of X new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) c) Require or result in the construction of X new stone water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff) d) Have sufficient water supplies X available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, p. 58 ff.) e) Result in a determination by the X wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (General Plan MEA, p. 58 ff.) 5 I J f) Be served by a landfill with sufficient X permitted capacity to accommodate the project's solid waste disposal needs? (General Plan MEA, p. 58 ff.) g) Comply with federal, state, and local X statutes and regulations related to solid waste? (General Plan MEA, p. 58 ff.) XVI. a)-g) The General Plan Amendment and Zone Change will have no impact on Utilities and Service Systems. The proposed project will connect to existing CVWD facilities for both domestic water and sanitary sewer. CVWD has sufficient capacity to accommodate the proposed project, and also has the ability to expand the wastewater treatment plant as regional needs require. The proposed project will design its storm water drainage to contain the 100 year stone, as required by City standards. The proposed project will not require the expansion of existing storm drainage facilities. Please also see Hydrology, above. The proposed project is consistent with the land use designation used by CVWD to determine domestic water demand in its service area. The analysis concluded that the CVWD has sufficient water available, now and in the future, to serve the proposed project. Impacts are therefore expected to be less than significant. Solid waste will be collected by Burrtec, the City's solid waste franchisee. Burrtec currently hauls City solid waste to the Edom Hill transfer station. From there, waste is transported to one of several regional landfills, including the Lambs Canyon, Badlands and El Sobrante landfills. These landfills have sufficient capacity to accommodate the proposed project. Burrtec is also required to comply with all City, regional, state and federal requirements for the disposal of solid waste. Overall impacts associated with utilities are expected to be less than significant. Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to X degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term, to the disadvantage X of long-term environmental goals? c) Does the project have impacts that are X individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? d) Does the project have environmental X effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. a) Biological resources will not be significantly impacted by the proposed project, as the site is disturbed agricultural land, and does not include native habitat. Archaeological and paleontological resources were identified on the project site, but the mitigation measures included in this document will reduce the potential impacts to less than significant levels. XVII. b) The proposed project is consistent with the General Plan vision for the area, and will have no significant impacts which cannot be mitigated. The level of impact associated with the project is consistent with that envisioned in the General Plan EIR. XVII. c) This Initial Study has found that no cumulative impact will occur as a result of the proposed project. XVII. d) The proposed project will have less than significant impacts associated with noise and traffic and circulation, which could directly affect human beings. Impacts associated with air quality during the grading process are reduced to less than significant levels by the mitigation measures in this document. XVIII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. General Plan EIR, 2002. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable 57J legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation hcorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. Not applicable. .. 5 -H 0 0 � O C o � V o�00 y 00 o .b 3 ti OF � U o zz a" W F. F aUa ap A F OU d a o 0 N ro o F� o� N ,> y Y O ) N P cq rl- a) ON N C7 Urn 00 N. O ., °z� H o z x� A U d On F d A Wy U Fq a v U U d N o U O ��Iyyy % � F b �o C A �z a a O� A 0 a O O F V] O � CIOb � a F d A W �r FO zV d G a U UU °g a a U o 0 0 z r a F b C Q a A w� E E Wz 0 0 0 o zEn p Q A U A U A U A Y '3 o Ya W a a o,a Li Cl) p Q to �0 2 O 0A C� p p O 'C O O O to t0 � a O d y o O s U 04 o ao 577 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 2008-116 FOR PROPERTY LOCATED ON THE WEST SIDE OF MONROE STREET AT THE WEST TERMINATION OF AVENUE 61 CASE NO.: GENERAL PLAN AMENDMENT 2008-116 APPLICANT: MONROE DATES, LLC WHEREAS, the City Council of the City of La Quinta, California, did on did on the 17t' day of February, and continued to the 17`h day of March, 2009, hold duly noticed Public Hearings to consider the request of MONROE DATES, LLC for a General Plan Amendment from Low Density Residential with an Agricultural/ Equestrian Overlay to Low Density Residential, for 30.2t acres located on the west side of Monroe Street at the west termination of Avenue 61, more particularly described as: APN's: 764-280-014 and 764-270-015 WHEREAS, the Planning Commission of the City of La Quinta, California, did on did on the 27" day of January, 2009, hold a duly noticed Public Hearing to consider the request of MONROE DATES, LLC for a General Plan Amendment from Low Density Residential with an Agricultural/ Equestrian Overlay to Low Density Residential and did recommend approval by adoption of Resolution 2009-003; and WHEREAS, said General Plan Amendment complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Planning Director has conducted an Initial Study (Environmental Assessment 2008-597) and has determined that, although the proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures for EA 2008-597 incorporated into the Project approval will mitigate or reduce any potential impacts to a level of non -significance; 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: 1. The proposed General Plan Amendment is internally consistent with the goals, objectives, and policies of the General Plan in that the General Plan Amendment results in promoting residential development in a controlled and logical manner. 578 Resolution No. 2009- General Plan Amendment 2008-116 Monroe Dates, LLC Adopted: Page 2 2. Approval of the General Plan Amendment will not create conditions materially detrimental to the public health, safety, and general welfare in that the resulting General Plan designation will result in a project that is compatible with surrounding residential uses, be well designed and landscaped, and comply with all applicable City, County, State and Federal requirements. 3. The General Plan Amendment is compatible with adjacent properties in that the resulting projects will be required to minimize the impacts to the surrounding single-family residences. 4. The General Plan Amendment is suitable and appropriate for the property in that it will allow expansion of residential uses which are the primary land use in the area. 5. Approval of the General Plan Amendment is warranted because the proposed residential uses are an expansion of residential uses existing or approved on surrounding properties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case; 2. That it does hereby approve General Plan Amendment 2008-116 as shown on the attached exhibit; PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 17" day of March, 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: 57,) Resolution No. 2009- General Plan Amendment 2008-116 Monroe Dates, LLC Adopted: Page 3 DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 530 y .I 63 33 RESOLUTION NO. EXHIBIT 'A' LOW DENSITY RESIDENTIAL WITH AGRICUL EQUESTRIAN OVERLAY TO LOW DENSITY P r r` L to 39 38 VX40 ��' 11117 at 74 30.2 ACRES 1322' CASE MAP CASE No. G PA 2008-116 MONROE DATES F� AVENUE 61 2 21 1531f I 149 152 14 NORT SCALE: NTS 811 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A REVISION TO THE LA QUINTA ZONING MAP, FOR CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF MONROE STREET AT THE WEST TERMINATION OF AVENUE 61 CASE NO.: ZONE CHANGE 2008-136 APPLICANT: MONROE DATES, LLC WHEREAS, the City Council of the City of La Quinta, California, did on the 17`h day of February, and continued to the 17`h day of March, 2009, hold duly - noticed Public Hearings to consider the recommendation of the Planning Commission on Zone Change 2008-136, to allow a 94 lot single-family subdivision on 30.2f acres on the west side of Monroe Street at the west termination of Avenue 61; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 271h day of January, 2009, hold a duly -noticed Public Hearing, to consider adoption of a recommendation on Zone Change 2008-136, and did adopt Planning Commission Resolution 2009-004, recommending approval to the La Quinta City Council; and, WHEREAS, said Zone Change complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Planning Director has conducted an Initial Study (Environmental Assessment 2008-597) and has determined that, although the proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures for EA 2008-597 incorporated into the Project approval will mitigate or reduce any potential impacts to a level of non -significance; and, WHEREAS, the Planning Department did publish a City Council Public Hearing notice in The Desert Sun newspaper, on the 2nd day of February, 2009, as prescribed by the La Quinta Municipal Code; and, WHEREAS, the City Council hereby makes the following mandatory findings to justify approval of Zone Change 2008-136: 1. This Zone Change is internally consistent with those goals, objectives, and policies of the General Plan and compatible (lower) with Trilogy's residential designation. Ordinance No. Zone Change 2008-136 Monroe Dates LLC Adopted: Page 2 2. This Zone Change will not create conditions materially detrimental to the public health, safety, and welfare in that the resulting land uses will require Planning Commission and or City Council review and approval of future development plans, which will ensure that the development meets standards that will not be materially detrimental. 3. The zone change designation is compatible with the designations on adjacent properties because the Planning Commission and or City Council review and approval will ensure compatibility, and in some areas the adjacent use is similar due to its resort nature. 4. The zone designation is suitable and appropriate for the properties involved because it is similar to zoning of surrounding properties. 5. The situation and general conditions have substantially changed since the existing zone designations were imposed in that agricultural and equestrian uses have not developed in the immediate area and residential uses similar to the proposed residential zoning have developed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, that it does ordain as follows: SECTION 1. PURPOSE: To rezone a portion of real property, from Low Density /Agricultural -Equestrian Residential to Low Density, for 30+ acres, located on the west side of Monroe Street at the west termination of Avenue 61. Said property is illustrated in Exhibit "A" attached hereto, more particularly described as: APN's: 764-280-014 and 764-270-015 SECTION 2. ENVIRONMENTAL: Zone Change 2008-136 complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Planning Director has conducted an Initial Study (Environmental Assessment 2008-597) and has determined that, although the proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures for EA 2008-597 incorporated into the Project approval will mitigate or reduce any potential impacts to a level of non -significance. Ordinance No. Zone Change 2008-136 Monroe Dates U-C Adopted: Page 3 SECTION 3. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4. POSTING: The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by Resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. PASSED, APPROVED, and ADOPTED at an adjourned meeting of the La Quinta City Council, held on this 17`h day of March, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (SEAL) 534 Ordinance No. Zone Change 2008-136 Monroe Dates LLC Adopted: Page 4 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ► I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. _which was introduced at a regular meeting on the day of , 2009, and was adopted at a meeting held on the _ day of 2009, not being less than five days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution No. 2006-115. VERONICA MONTECINO, CMC, City Clerk City of La Quinta, California DECLARATION OF POSTING I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on pursuant to Council Resolution. VERONICA MONTECINO, CMC, City Clerk City of La Quinta, California 5�5 W-1 06 63 3 61 112 60 — 59 � 111 i 33 32 31 6 / 23 22 21 110 58 / s] 4 1322.91' 52 53 54 55 56 J I 35 36 43 42 41 W 391 ' 37 LOW DENSITY AGRICULTURAL- 38 at seV, s] i13E'SWENTIAL TO LOW DENSITY w 9, .1 56 39 35 d 40 41 30.2 ACRES 1322' 33 41321311301291281, 120, 16] 158 ORDINANCE NO. EXHIBIT "A" 157 21 14 CASE MAP ` NORTH CASE No. ZC 2008-136 SCALE: MONROE DATES NTS 53E RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SUBDIVISION OF 30.2± ACRES INTO 94 RESIDENTIAL SINGLE FAMILY LOTS AND OTHER MISCELLANEOUS LOTS CASE NO.: TENTATIVE TRACT 31434 APPLICANT: MONROE DATES, LLC WHEREAS, The City Council of the City of La Quinta, California, did on the 171h day of February, and continued to the 17`h day of March, 2009, hold duly noticed Public Hearings to consider the request of MONROE DATES, LLC., for the subdivision of 30.2± acres into 94 single-family residential lots and other miscellaneous lots, located on the west side of Monroe Street at the west termination of Avenue 61, more particularly described as: APN's: 764-280-014 and 764-270-015 WHEREAS, The Planning Commission of the City of La Quinta, California, did on the 27`h day of January, 2009, hold a duly noticed Public Hearing to consider the request of MONROE DATES, LLC., for the subdivision of 30.2± acres into 94 single-family residential lots and other miscellaneous lots and did adopt Resolution 2009-005, recommending approval of Tentative Tract Map 31434 to the City Council; and, WHEREAS, said General Plan Amendment complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Planning Director has conducted an Initial Study (Environmental Assessment 2008-597) and has determined that, although the proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures for EA 2008-597 incorporated into the Project approval will mitigate or reduce any potential impacts to a level of non -significance; 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 Tentative Tract Map 31434: 1. The Tentative Tract Map and its improvement and design, are consistent with the General Plan in that its street design and lots are in conformance with applicable goals, policies, and will provide adequate infrastructure and public utilities. 587 Resolution No. 2009- Tentative Tract Map 31434 Monroe Dates, LLC Adopted: Page 2 of 3 2. The design of the subdivision and its proposed improvements are not likely to create environmental damage or substantially and avoidably injure wildlife or their habitat because the site does not contain significant biological resources. 3. The design of the subdivision and subsequent improvements are not likely to cause serious public health problems because the construction of 94 residential units will not have considerable cumulative impacts. The project is consistent with the General Plan, and the potential impacts associated with General Plan build out. 4. The design of the subdivision and the proposed types of improvements will not conflict with easements acquired by the public at large, for access through or use of the property within the subdivision in that none presently exist and access is provided within the project and to the adjacent public street (Monroe Street). 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 approve Tentative Tract Map 31434 for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 17`h day of March, 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: 3 Resolution No. 2009- Tentative Tract Map 31434 Monroe Dates, LLC Adopted: Page 3 of 3 DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 539 Resolution No. 2009- Conditions of Approval - Recommended Tentative Tract Map 31434 Monroe Dates, LLC Adopted: GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal (comments on file in Planning Department) • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) • Planning Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) Imperial Irrigation District (IID) California Water Quality Control Board (CWQCB) • Suni-ine Transit Agency ., 590 Resolution No. 2009- Conditions of Approval - Recommended Tentative Tract Map 31434 Monroe Dates, LLC Adopted: Page 2 of 25 South Coast Air Quality Management District Coachella Valley The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. A project -specific NPDES construction permit must be obtained by the applicant; who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI"), prior to the issuance of a grading or site construction permit by the City. 4. The applicant shall comply with applicable provisions of the City's NPDES Stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board — Colorado River Basin Region Board Order No. 137-2008-0001 and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (LQMC Section 8.70.020 (Definitions)): 591 Resolution No. 2009- Conditions of Approval - Recommended Tentative Tract Map 31434 Monroe Dates, LLC Adopted: Page 3 of 25 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. Additionally, the applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. 137-2008-001 . G. For post -construction urban runoff from New Development and Redevelopment Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2008-001. H. The applicant shall implement the WQMP Design Standards per (CRWQCB-CRB) Region Board Order No. R7-2008-001 utilizing BMPs approved by the City Engineer. 592 Resolution No. 2009- Conditions of Approval - Recommended Tentative Tract Map 31434 Monroe Dates, LLC Adopted: Page 4 of 25 The applicant shall submit a Final WQMP after approved entitlement and concurrent with the initial Grading Plan submittal for approval by the City Engineer. 5. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 6. Approval of this Tentative Tract Map shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in these conditions of approval. PROPERTY RIGHTS 7. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 8. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer or the HOA over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities of the master development. 9. The applicant shall offer for dedication on the Final Map all public street rights - of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 10. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Monroe Street (Modified Secondary Arterial C per General Plan Amendment 08-112; 88' R/W — The standard 44 feet from the centerline shall be modified per GPA 2008-1 12 along all frontages Resolution No. 2009- Conditions of Approval - Recommended Tentative Tract Map 31434 Monroe Dates, LLC Adopted: Page 5 of 25 adjacent to the Tentative Map boundary to its ultimate width on the west side as specified in the General Plan Amendment 08-1 12 and the requirements of these conditions. The required R/W shall be modified as required to facilitate road and lane transitions as approved by the City Engineer. The following right of way dedications shall be applicable to this tentative tract map to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS: a) The street right of way dedication shall be located fifty five feet (55') west of the centerline of Monroe Street from the existing westerly right of way on Monroe Street adjacent to Tract Map No. 30023-2 to the Monroe Street primary entry except where additional street width is needed to accommodate a deceleration/right turn only lane at the Monroe Street primary entry. The street right of way shall be located sixty three feet (63') west of the centerline of Monroe Street for a length of 194' north of the primary entry BCR plus an additional 120' reverse taper connecting the deceleration/right turn only lane to the street right of way located 55' west of the centerline. The street right of way south of the Monroe Street primary entry shall be located forty seven feet (47') west of the centerline of Monroe Street except for a 165' taper to transition to the existing 44' westerly right of way adjacent to Tract Map No. 30023-5. 11. The applicant shall retain for private use on the Final Map all private street rights -of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 12. The private street rights -of -way to be retained for private use required for this development include: A. PRIVATE STREETS 1) LOTS A THROUGH G - Private Residential Streets measured at gutter flow line to gutter flow line shall have a 36-foot travel width with parking permitted on both sides; except the travel width may 594 Resolution No. 2009- Conditions of Approval - Recommended Tentative Tract Map 31434 Monroe Dates, LLC Adopted: Page 6 of 25 be reduced to 32 feet with parking restricted to one side at the east end of LOT D and the west end of LOT C and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering and Planning Departments and approved by the Planning Department prior to recordation of the Final Map. B. CUL DE SACS 1) The cul de sac shall conform to the shape shown on the tentative map with a 38-foot curb radius at the bulb or larger as shown on the tentative map. Curve radii for curbs at all street intersections shall not be less than 25 feet. 13. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. Pursuant to this requirement, the Applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement 14. When the City Engineer determines that access rights to the proposed street rights -of -way shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such rights -of -way, the applicant shall grant the necessary rights -of -way within 60 days of a written request by the City. 15. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Resolution No. 2009- Conditions of Approval - Recommended Tentative Tract Map 31434 Monroe Dates, LLC Adopted: Page 7 of 25 16. The applicant shall create perimeter landscaping setbacks along all public rights - of -way as follows: A. Monroe Street (Secondary Arterial) - 10-foot from the R/W-P/L. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 17. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 18. Direct vehicular access to Monroe Street from lots with frontage along Monroe Street is restricted, except for those access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 19. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 20. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 21. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access for Individual Properties and Development) for public streets; and J9b Resolution No. 2009- Conditions of Approval - Recommended Tentative Tract Map 31434 Monroe Dates, LLC Adopted: Page 8 of 25 Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 22. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Monroe Street (Modified Secondary Arterial C per General Plan Amendment 08-112; 88' R/W: Widen the west side of the street along all frontages adjacent to the Tentative Map boundary to its ultimate width on the west side as specified in the General Plan Amendment 08-1 12 modified as required to facilitate road and lane transitions and the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's modified urban arterial design standard. The following street improvements shall be applicable to this tentative tract map: b) The west curb face shall be constructed by the applicant and located forty three feet (43') west of the centerline of Monroe Street from the existing westerly curb face on Monroe Street adjacent to Tract Map No. 30023-2 to the Monroe Street primary entry except where additional street width is needed to accommodate a deceleration/right turn only lane at the Monroe Street primary entry. The west curb face shall be located fifty one feet (51') west of the centerline of Monroe Street for a length of 194' north of the primary entry BCR plus an additional 120' reverse taper connecting the deceleration/right turn only lane to the curb line located 43' west of the centerline. The west curb face south of the Monroe Street primary entry shall be constructed by the applicant and located thirty five feet (35') west of the centerline of Monroe Street except for a 165' taper to transition to the existing 32' westerly curb face adjacent to Tract Map No. 30023-5. 597 Resolution No. 2009- Conditions of Approval - Recommended Tentative Tract Map 31434 Monroe Dates, LLC Adopted: Page 9 of 25 Other required improvements in the Monroe Street right-of-way and/or adjacent landscape setback area include: c) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. d) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that touches the back of curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. e) Install raised landscaped median island on Monroe Street as depicted on Tentative Tract Map No. 31434 dated January 7, 2009 and as approved by the City Engineer. The median shall terminate at the northerly end of the development's frontage with appropriate transitions to join existing improvements to the north. The median shall join the existing median to the south of the project on Monroe Street and maintain an exclusive left turn pocket for northbound traffic at the Monroe Street primary entry. Any work that must be accomplished east of the Monroe Street centerline will require concurrent review and approval by the County of Riverside. f) Widen the east side of the street along all frontages adjacent to the Tentative Map boundary to provide 14 feet of pavement for a northbound lane east of the aforementioned raised landscaped median. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural County road design standard to the La Quinta Primary Arterial Standard including required transitions. 506 Resolution No. 2009- Conditions of Approval - Recommended Tentative Tract Map 31434 Monroe Dates, LLC Adopted: Page 10 of 25 g) Establish a benchmark in the Monroe Street right of way and file a record of the benchmark with the County of Riverside. h) The applicant shall install the traffic signal at the project's main entry (Monroe Street at Lot A) when warrants are met. Applicant is responsible for 50 % of the cost to design and install the traffic signal. Other developments that may contribute to the cost for design and installation of the traffic signal at Monroe Street and Primary Entry/Avenue 61 intersection are 1) Tract Map No.31733 for 25%, and 2) Riverside County (future development at the south east corner of Monroe Street and Avenue 61) for 25%. i) Install traffic signal interconnection and loop detection conduit and pull boxes for future traffic signal installations at Avenues 60 and 62 along the project frontage. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and/or transitions in alignment, elevation or dimensions of streets and sidewalks). The applicant is responsible for construction of all improvements mentioned above. The development is eligible for reimbursement from the City's Development Impact Fee fund in accordance with policies established for that program. Traffic signal improvements identified in the DIF Study may be eligible for reimbursement not to exceed 50% of the DIF amount of $430,000 or $215,000. The applicant is responsible for the remaining cost of the improvements. B. PRIVATE STREETS 1) Private Residential Streets measured at gutter flow line to gutter flow line shall have a 36-foot travel width. The travel width may be reduced to 32 feet with parking restricted to one side, and 28 feet if on -street parking is prohibited and provided there is adequate off-street parking for residents and visitors, and the 519 Resolution No. 2009- Conditions of Approval - Recommended Tentative Tract Map 31434 Monroe Dates, LLC Adopted: Page 11 of 25 applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Public Works and Planning Departments and approved by the Planning Department prior to recordation. 2) The location of driveways of corner lots shall not be located within the curb return and away from the intersection when possible. C. PRIVATE CUL DE SACS 1) They shall be constructed according to the lay -out shown on the tentative map with 38-foot curb radius or greater at the bulb similar to the layout shown on the rough grading plan. 23. All gated entries shall provide for a three -car minimum stacking capacity for inbound traffic to be a minimum length of 62 feet from call box to the street; and shall provide for a full turn -around outlet for non -accepted vehicles. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around (minimum radius to be 24 feet) out onto the main street from the gated entry. Pursuant to said condition, there shall be a minimum of twenty five feet width provided at the turn -around opening provided. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents, and one lane for visitors. The two travel lanes shall be a minimum of 20 feet of total paved roadway surface or as approved by the Fire Department. Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 24. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Resolution No. 2009- Conditions of Approval - Recommended Tentative Tract Map 31434 Monroe Dates, LLC Adopted: Page 12 of 25 Residential 3.0" a.c./4.5" c.a.b. Secondary Arterial 4.0" a.c./6.0" c.a.b. Primary Arterial 4.5" a.c./6.0" c.a.b. or the approved equivalents of alternate materials. 25. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 26. General access points and turning movements of traffic are limited to the following: A. Primary Entry (Monroe Street): All turn movements in and out are permitted. B. Emergency Access (Monroe Street): Right turn movements in and out are permitted. Left turn movements in and out are prohibited. 27. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 28. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 29. Prior to the City's approval of a Final Map, the applicant shall furnish mylars of the Final Map that were approved by the City's map checker. The Final Map shall be 1 " = 40' scale. Resolution No. 2009- Conditions of Approval - Recommended Tentative Tract Map 31434 Monroe Dates, LLC Adopted: Page 13 of 25 IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 30. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 31. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan 1 " = 40' Horizontal B. PM10 Plan 1" = 40' Horizontal C. SWPPP 1" = 40' Horizontal D. WQMP (Plan submitted in Report Form) NOTE: A through D to be submitted concurrently. E. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical Off -Site F. Off -Site Street Improvement/Storm Drain Plan 1 " = 40' Horizontal 1 " = 4' Vertical 6 J 2 Resolution No. 2009- Conditions of Approval - Recommended Tentative Tract Map 31434 Monroe Dates, LLC Adopted: Page 14 of 25 G. Off -Site Signing & Striping Plan 1 " = 40' Horizontal The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. NOTE: E through G to be submitted concurrently (Separate Storm Drain Plans if applicable) The following plans shall be submitted to the Building and Safety Department for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building and Safety Director in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. H. On -Site Residential Precise Grading Plan 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1- foot of cover, or sufficient cover to clear any adjacent obstructions. 32. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website 6J0, Resolution No. 2009- Conditions of Approval - Recommended Tentative Tract Map 31434 Monroe Dates, LLC Adopted: Page 15 of 25 (www.la-quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 33. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 34. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As - Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record (EOR) during the construction phase of the project so that the FOR can make site visits in support of preparing As Built drawings. However, if subsequent approved revisions have been approved by the City Engineer and reflect said "As -Built" conditions, the FOR may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 35. Prior to approval of any Final Map, the applicant shall construct all on and off - site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 36. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of LQMC Chapter 13.28 (Improvement Security). 37. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. 6 .'j 4 Resolution No. 2009- Conditions of Approval - Recommended Tentative Tract Map 31434 Monroe Dates, LLC Adopted: Page 16 of 25 38. Depending on the timing of the development of this Tentative Tract Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these actions, as the City may require. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first phase of construction or by the issuance of the 20 % Building Permit or the nineteenth Building Permit issued. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 39. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. 6)5 Resolution No. 2009- Conditions of Approval - Recommended Tentative Tract Map 31434 Monroe Dates, LLC Adopted: Page 17 of 25 Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or cable T.V. improvements. 40. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 41. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 42. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 43. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls). Additionally, the applicant shall follow requirements of the approved WQMP for the development. Resolution No. 2009- Conditions of Approval - Recommended Tentative Tract Map 31434 Monroe Dates, LLC Adopted: Page 18 of 25 All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 44. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 45. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1 . All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1 .5") in the first eighteen inches 0 8") behind the curb. 46. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 47. Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments. 48. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus five tenths of a foot (0.5') from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the ,,.. 6 D 7 Resolution No. 2009- Conditions of Approval - Recommended Tentative Tract Map 31434 Monroe Dates, LLC Adopted: Page 19 of 25 proposed grading changes to the City Staff for a substantial conformance finding review. 49. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 50. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. 51. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 52. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise and as approved by the City Engineer. 53. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 60E! Resolution No. 2009- Conditions of Approval - Recommended Tentative Tract Map 31434 Monroe Dates, LLC Adopted: Page 20 of 25 54. No fence or wall shall be constructed around any retention basin unless approved by the Planning Director and the City Engineer. 55. For on -site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin. 56. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7). 57. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 58. The development shall be.graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 59. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 60. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 61. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 62. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. 619 Resolution No. 2009- Conditions of Approval - Recommended Tentative Tract Map 31434 Monroe Dates, LLC Adopted: Page 21 of 25 All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 63. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. CONSTRUCTION 64. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPE AND IRRIGATION 65. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 66. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 67. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 68. The final landscaping and irrigation plans shall be prepared by a licensed landscape professional, be reviewed by the Architecture and Landscape Review Committee and Public Works Director, and approved by the Planning Director prior to issuance of the first building permit. An application for Final Landscape Plan Check shall be submitted to the Planning Department for final landscape plan review. Said plans shall include all landscaping associated with this project 61.0 Resolution No. 2009- Conditions of Approval - Recommended Tentative Tract Map 31434 Monroe Dates, LLC Adopted: Page 22 of 25 and be in compliance with Chapter 8.13 (Water Efficient Landscaping) of the Municipal Code. The landscape and irrigation plans shall be approved by the Coachella Valley Water District and Riverside County Agriculture Commissioner prior to submittal of the final plans to the Planning Department. Final landscape plans for on -site planting shall be reviewed by the ALRC and approved by the Planning Director prior to issuance of first building permit. Final plans shall include all landscaping associated with this project. NOTE: Plans are not approved for construction until signed by both the Planning Director. 69. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 70. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 5" Edition" or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. Said appurtenances shall include any IID transformers and above ground utility equipment installed by any utility purveyor. 71. The approximately 12 full grown Washingtonia fan palms that exist near the northeast quadrant of the site along Monroe Street shall be retained and incorporated into the landscape near the project entry and/or in the retention basin bottoms or edges unless determined by a licensed arborist that they cannot be retained and transplanted. MAINTENANCE 72. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 73. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, including but not limited to retention basins, WQMP BMPs, perimeter landscaping, access drives, and sidewalks. •• 611 Resolution No. 2009- Conditions of Approval - Recommended Tentative Tract Map 31434 Monroe Dates, LLC Adopted: Page 23 of 25 FEES AND DEPOSITS 74. The applicant shall comply with the provisions of La Quinta Municipal Code Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 75. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 76. Quimby Act in -lieu fees, as specified in Chapter 13.48, of the Municipal Code shall be paid to the City prior to approval of the Final Map by the City Council. 77. The applicant shall pay the Coachella Valley Multi -Species Habitat Conservation Plan/Natural Community Habitat Conservation Plan Mitigation Fee, in accordance with Chapter 3.34 of the Municipal Code. 78. On the day after City Council approval of the Tentative Tract Map, a check made out to the "County of Riverside" for $1940.75 shall be delivered to the Planning Department for the environmental Notice of Determination fee. MISCELLANEOUS 79. Perimeter, front yard and common area landscaping, active and/or passive recreation areas►, entry gate, perimeter wall, and home plans shall be approved under a Site Development Permit. 80. A hard surface walking path (minimum 4' wide) shall be established within Lot H (open space/retention basin). The walking path route should tie in with and include the retention basin access between Lots 78 and 79 as well as provide connection to the easterly private road. Passive use amenities such as a gazebo, benches, etc. shall be included. Plans shall be included as part of the landscaping plans with the walking path and amenities design and location approved by the Planning Director. 81. Lots 24, 25, and 54 shall provide a minimum 20' interior side yard setback on the side adjacent to the project boundary. �iL Resolution No. 2009- Conditions of Approval - Recommended Tentative Tract Map 31434 Monroe Dates, LLC Adopted: Page 24 of 25 82. A rolled or similar curb shall be used throughout the project. 83. Minimum four foot wide sidewalks shall be provided adjacent to the street curbs, except in areas adjacent to the retention basin where the required walking pathways are provided. 84. As proposed per the application submitted by the applicant and reiterated at the time of the Planning Commission hearing, the project shall be age -restricted to 55 years and older as defined by the State Department of Real Estate. Said age -restriction shall be included in the Conditions, Covenants, and Restrictions (CC and R's) with the CC and R's reviewed and approved by the City Attorney prior to final approval of the Final Map by the City Council. 85. All structures in the project shall be limited to one story in height. 86. This Tentative Tract Map shall expire two years after City Council approval, unless recorded or granted a time extension pursuant to the requirements of La Quinta Municipal Code 9.200.080 (Permit expiration and time extensions). 87. Approval and development of this subdivision is subject to all Mitigation Measures included in EA 2008-897 as certified, in association with this project. 88. The following amenities as noted in Monroe Dates, LLC's letter dated March 9, 2009, on file in the Planning Department, shall be provided: A. Shade structure, picnic table, bar-b-que, drinking fountain B. Play structure, swings C. Bocci ball court D. Exercise/fitness course E. Basketball court (half -court) F. Walking path Resolution No. 2009- Conditions of Approval - Recommended Tentative Tract Map 31434 Monroe Dates, LLC Adopted: Page 25 of 25 G. Open turf area H. Park benches Dog park (with fencing, water fountain, shade structure, benches, clean-up facility, and turf as the primary base material for the play area) Specifics for these amenities shall be included in the Site Development Permit processed for the approval of the house and landscaping plans. G14 ATTACHMENT 1 City Council Minutes 10 February 17, 2009 PUBLIC HEARINGS 1. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS AND AN ORDINANCE FOR: 1) CERTIFICATION OF MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL NT 2008-116 FROM ASSESSMENT 0 DENSITY BAGRICULTURAL/RES DENTIAL 7; 2) GENERAL PLAN NTOFLOW-DENSITY RESIDENTIAL; ZONE CHANGE 2008-136 FROM LOW -DENSITY AGRICULTURAL/EQUESTRIAN RESIDENTIAL TO LOW -DENSITY RESIDENTIAL AND TENTATIVE TRACT MAP 31434 FOR' SUBDIVISION .OF 30.2t ACRES INTO 94 SINGLE FAMILY LOTS AND OTHER > MISCELLANEOUS LOTS FOR PROPERTY LOCATED ON THE WEST SIDE OF MONROE STREET AT THE WEST TERMINATION OF AVENUE 61. APPLICANT: MONROE DATES, LLC. Principal Planner Sawa presented the staff report. In response to Council Member Henderson, Principal Planner Sawa confirmed the low -density designation is less than agricultural/residential or agricultural/equestrian designation; and equestrian activity is allowed on 1,0,000 square -foot lots. Planning Director Johnson explained the main objectNe of the Planning Commission's change was to have a lot size less than 10,000 square feet but the average lot size is closer to 10,000 square feet. He further explained c City Council Minutes 11 February 17, 2009 one of the key items was the compatibility with the Trilogy development which is zoned at a lower density but it does have a golf course. He stated the developer is required to go through a site development permit review process for the homes and perimeter landscaping, which will include specifics for the two retention basins. He confirmed Lots 4, 5, and 6 back up to Monroe Street, front the street in Lot B, and are across from landscape Lots 89 and 90. Council Member Kirk stated this proposal is much better than what was presented during his service on the Planning Commission. In response to Mayor Adolph, Planning Director Johnson explained the open space requirement for equestrian use is based on a ratio of square footage per number of animals. The Mayor declared the PUBLIC HEARING OPEN at 7:21 p.m. Craig Knight, applicant, stated the Planning Commission imposed two conditions on the development that he would like to have changed. He requested the 20-foot, side -yard setback on Lots 24, 25, and 56 that are adjacent to the Trilogy development, be reduced to 10 feet. He referenced the depth and height of the Trilogy lots and noted his lots range from 1 to 6 feet lower than Trilogy and the lot with a 6-foot pad elevation difference has a 12-foot high wall. He also requested the one-story requirement be modified to allow the option of a roof -top sundeck, adding that he understands from staff that a second -story architectural element is already allowed. Council Member Henderson asked how many sundecks he anticipates having. Mr. Knight stated he does not know at this time because there are no plans yet, but the request is for any lot that is not adjacent to the Trilogy development. Council Member Franklin inquired about the widths of Lots 24, 25, and 56. Mayor Adolph stated the lots are 70 feet wide and Lot 54 is 87 feet wide. Mr. Knight stated Lot 54 is wider in anticipation of a wall and an additional retaining wall to mitigate the height of the wall. Planning Director Johnson explained an architectural feature is not livable space and therefore not limited to a definitive height, whereas a two-story unit would be restricted to 28 feet. Council Member Henderson clarified the 28-foot restriction would also apply to a single -story unit, and asked if Trilogy was restricted to stay below 28 feet. Planning Director Johnson stated Trilogy is built out as a single -story development, but he does not know if there is a described height limit. He City Council Minutes 12 February 17, 2009 noted any lots in this development that are adjacent to Trilogy are restricted to one story. Mayor Adolph stated he would have a problem with an architectural element being a sundeck because of privacy issues. Mr. Knight clarified the architectural element is separate and not the sundeck. Planning Director Johnson noted the development is already allowed to have architectural projections up to 28 feet high, but allowing a sundeck would require an amendment to the conditions. In response to Mayor Adolph, Planning Director Johnson confirmed a median is required to be installed on Monroe Street. Mayor Adolph asked if play areas will be provided for children in the community. Mr. Knight explained amenities for the retention basin have not yet been defined but he is not opposed to such a condition. Council Member Kirk referenced the requirement for rolled curbs and sidewalks, and asked if safety bumps are required. Public Works Director Jonasson explained truncated domes would be required at the corners where you cross the street. In response to Council Member Henderson, Planning Director Johnson confirmed Condition No. 80 addresses the addition of a hard surface trail within the larger retention area; and stated the addition of passive -use amenities, such as benches and a gazebo that would not hinder the function of the retention basin were identified. Council Member Henderson asked about the definition of an age -restricted community. Mr. Knight stated he is unsure of the restrictions but it will be a part of their CC&Rs: In response to Council Member Henderson, City Attorney Jenson stated she understands the project was originally proposed as a 55 aged -restricted project. Planning Director Johnson explained the applicant has always identified the project as an aged -restricted project, and at the Planning Commission hearing agreed to that condition; and stated the State Department of Real Estate has established a definition of a 55 years or older restricted community. Council Member Franklin stated the Trilogy development has a 55 years or older restriction with a two -week maximum time limit for visiting children. Jim Mellin, 81-940 Eagle Claw, representing residents of Trilogy the development, thanked the City Council for their efforts in maintaining I. G17 City Council Minutes 13 February 17, 2009 community; and stated the age restriction as well as the single -story restriction for lots abutting Trilogy is compatible to their development. There being no additional requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:44 p.m. Council Member Kirk conveyed concern about the lack of amenities in this project; and stated he is skeptical about a development that requests zone changes with no amenities to offer the community. Mayor Adolph. stated he has seen other communities provide pools and playhouses with smaller lots than what is proposed in this development. Council Member Henderson agreed this is a good opportunity to express the desire to include outdoor amenities, but a clubhouse is not necessary. She stated the applicant implied other improvements may be included with the landscape plans, and asked how future approval of landscape plans could include the amenities. Planning Director Johnson confirmed the City Council could modify Condition No. 80 to require outdoor amenities to be included with the landscape plans and presented to the City Council for consideration: Council Member Henderson asked about the possibility of including a condition that requires use of the Department of Real Estate definition for age -restriction. City Attorney Jenson stated the Department of Real Estate definition is what defines the'age restriction, and noted it was the applicant that initiated the age restriction. She stated she could come back with more information on that issue if the public hearing is continued. In regard to the landscaping issue, she noted if the project is approved tonight with this configuration, the lots would not be available and Council would just be dealing with the interior. Council Member Henderson stated if amenities are an issue, then they should be included with Condition 80. Council Member Kirk suggested the City Council modify the condition that the age -restriction be similar to Trilogy subject to the City Attorney's review. Council Member Henderson asked if there are any suggestions for amenities by the City Council. Council Member Kirk noted the City Council can identify like active areas or condition this to come back as part of the landscape plans but noted it may not come back for some time. He stated the challenge is improving a retention basin instead of looking at paths and small .. ES City Council Minutes 14 February 17, 2009 active areas -within the project; and stated he would rather have the applicant come back with-abine suggestions. Mayor Adolph stated the applicant has a sense of what the City Council desires as amenities for the project. Council Member Kirk stated since the applicant is requesting both general plan and zoning changes, he feels it is appropriate to ask for some amenities. Council Member Franklin asked for clarification as to whether or not the City Council wants the applicant to include a community center, and the consensus answer from the City Council was "No." Council Member Henderson asked staff's perception about reducing the side - yard setback from 20 to 10 feet. Planning Director Johnson stated he understands the applicant's request, and noted the setback is larger than what is typically seen. Council Member Henderson suggested the possibility of splitting the amount. Mayor Adolph stated the design of the home would have an effect on the three lots in order to reduce the setback. Mr. Knight explained the larger architectural features he has proposed would not be applied to the perimeter lots. Mayor Adolph stated he wants to make sure the homeowners' side - yard view is not a massive structure. Council Member Kirk agreed with the applicant that the setbacks for Lots 24 and 25 will not have as much impact, and stated he feels Lots 89 and 90 will have a greater impact. He suggested this item be continued for 2 to 4 weeks for staff to address these items with the applicant. Mayor Adolph declared the PUBLIC HEARING RE -OPENED at 8:03 p.m. MOTION — It was moved by Council Members Kirk/Henderson to continue the public hearing to March 17, 2009. Motion carried unanimously. .. E9 ATTACHMENT 2 MONROE DATES, LLC 1387 Ambassador Way Salt Lake City, Utah 84108 March 9, 2009 La Quinta City Council Re: Tentative Tract Map 31434 Dear Mayor and Council Members, received MAR 9 - 2009 City of La Quinta Planning Department During the February 17a' hearing for our project (TTM 31434) several design and amenity items were discussed. We greatly appreciate the input and suggestions provided. The matter was continued to the March 17 City Council meeting allowing me and my development team time to consider and respond to the suggestions and concerns raised. h response, I offer the following for City Council consideration: • Sun Decks: We had proposed the allowance of sun decks as an arch have decided to tural element for approximately 1/2of our homes. After further consideration, not purse this item and are formally rescinding that request. • Side Yard SetbAs you will recall, the e Planning Commission recand 56. We condition of apaacks: roval for a 20-foot side yard setback on lots 24, 25, commendation and requested City Council to reduce countered the Commission's re the side yard setback for the aforementioned lots to 10 0—foot. Further review of this maintain a 15-foot setback on these lots and still item has concluded that we could meet our objective. Therefore, we would support a 15-foot side yard setback for lots 24, 25 and 56 should the City Council be willing to amend the condition to that distance. prom Arne ties: During the February 17`n meeting. the City Council made several comments and expressed concern regarding outdoor amenities being proposed for our development. We understand the concerns raised and approving such a project without specifics being provided. Doing a project that is 55+ age-rehstricot havehtch this one is, requires amenities and features that other communities mig In response to the concerns raised, we have under taken to study what is being provided by other 55+ projects while keeping in mind that our development is somewhat unique in that at 94 lots it is very small in comparison to the number of home sites being provided at other 55+ projects here in the Coachella Valley. Our study included other projects of similar size and in the vicinity of ours for their amenities. We have attached a separate spreadsheet showing the information we gathered in our study. Our efforts included consulting with a professional management company that has extensive experience on 55+ communities. We have taken their advice into consideration in developing our list of amenities. Based on the information that we have gathered we are now proposing that our project include ALL of the following amenities within our 2.48 ac. Open Space/ Retention Area in the middle of the project. o Shade Structure, Picnic Table, Bar-b-que, Drinking Fountain o Play Structure / Swings o Bachi Ball o Exercise / Fitness Course o Basketball (half -court) o Walking Path o Open Turf Area o Park Benches The one thing that we found to be consistent in our study is the absence of any amenities for grandchildren, such as a play structure. We have included this in our plans but wanted to inform the City Council that such an amenity is typically not provided in an age -restricted community. The actual physical space taken up by these amenities is probably less than 0.25 ac. excluding the Open Turf Area that can be adjusted. We have included with this letter a conceptual plan exhibiting how these amenities might be placed. Additional information would be provided when we submit our site development permit application at a future date. We are also proposing to devote the other Open Space area adjacent to Monroe Street at the southeast comer of the project site (0.68 ac. in size) for a Dog Park. This was an item that the professional management company identified as one of the most requested amenities in an age -restricted community. Lots 89 and 90 - Views: The last item that was mentioned at the Hearing was regarding the impact of Lots 89 and 90 to their neighbors. In this location our current plan calls for a l0-foot wide lot between the property line block wall and the street that will be landscaped to minimize the impact and be shown on our landscape plans to be submitted with the site development permit. We hope that the information provided in this letter will be of assistance to City Council in considering our request. If you should have any questions, please contact me at 801- 573-1604. In addition, I will also be in attendance at the March 17 meeting to answer any question you may have. Respectfully Submitted, Craig A. 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PUBLIC HEARINGS: / A a11 r )16, Zone Change 2008-136, and Tent t ve Tract Map 31434; a request by Monroe Dates for consideration of a request to subdivide ±30.26 acres into 94 single-family residences located at the northeast corner of Monroe Street and Avenue 61. Chairman Alderson introduced the applications and stated, for the record, he was a resident of the Trilogy development located next to the project being discussed. He then opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the staff report, a copy of which is on file in the Planning Department. He did note the Public Works Department distributed a memo to the Planning Commission regarding Condition 22 (i) for the Tract Map. A copy of this memo is on file in the Planning Department. Chairman Alderson asked staff about the requirements for the traffic signal. Public Works Department staff explained what the changes were. Commissioner Weber expressed concerns about the similarity between the original conditions, the changes involved in the Public Works memo, and bonding. Principal Engineer Wimmer explained there was a bond required and explained the circumstances behind the funding of the signal and the need to change the condition. Commissioner Weber asked if Lot 15, which borders Lot 21 in Trilogy, was the only lot which was even in grade with its neighboring development. Staff indicated it was. Commissioner Weber asked for confirmation that there was no entry landscape design submitted. Staff confirmed that. Commissioner Weber noted that was one of the general directions given by the Planning Commission in 2005. Commissioner Weber commented on the school bus turnout and asked if it was still considered a necessity since this was no longer a family -type development. Staff said they received CVUSD confirmation that it was no longer needed. 6 1? 7 P:�Aeports - PC%200M-24-09kAbbrevrated Draft Minutes 1-27-09 doc 2 Planning Commission Minutes January 27, 2009 Commissioner Weber asked if a bus stop might still be needed since this would now be senior housing and might require bus service. Discussion followed regarding transportation availability and it was stated a bus turnout is not needed. Commissioner Quill commented there was no amenity package for the senior community and asked about compliance with City standards. Planning Director Johnson said all City standards would apply. He commented the amenities package would be included in the Site Development Permit. Commissioner Quill commented the approval of landscaping is done by the ALRC and Planning Director and read the conditions about the final landscape plans. Planning Director Johnson explained the procedures involved in approving the landscaping. Commissioner Quill said the previous Tentative Tract Map had some traffic calming conditions and asked why they were no longer included. Staff explained the full layout and the reasoning behind it as well as responding this was a much improved design that didn't need those types of traffic calming features. Commissioner Quill was concerned about the elimination of the bus turnout and the difference in fees collected if the development does not become an active adult community. Planning Director Johnson then explained the assessment procedures. Commissioner Quill said the community was being approved as an active adult (55+) community which under State Department of Real Estate law had certain restrictions and explained some of them. He wanted to know what would prevent this Tentative Tract Map from changing from an active adult to a regular development. Planning Director Johnson said the development had been submitted, to the City, as an active adult map. The City does not have the ability to restrict the age on the Tentative Tract Map. The key is the applicant's representation and the City's review and approval as represented by the applicant. Commissioner Quill asked if the Planning Commission had any jurisdiction over the CC & R's and if there would be the opportunity to place a restriction on this development that it remain an adult community. Assistant City Attorney Houston said among other things that would be 628 P:\Aeports - PC\2009\2-24-09\Abbreviated Draft Minutes 1-27-09.doc 3 Planning Commission Minutes January 27, 2009 correct. He then explained attorney involvement in the review of CC & R's and the fact they are typically reviewed with respect for certain obligations such as those included in a condition of approval. Chairman Alderson asked if the plans had been approved by the Fire Department. Principal Planner Sawa stated they had reviewed them and they did have some concerns which were mitigated. Chairman Alderson asked about bonding for the street improvements. He wanted to know what type of security the neighborhood had to make sure these improvements were completed in a timely manner. Planning Director Johnson responded historically security is done at the time of the final map. He then explained the procedures in requiring security. Chairman Alderson asked if the dirt would be imported or exported and how much. Applicant's representative, Chris Bergh, MDS Consulting, 78- 900 Avenue 47, Suite 208, La Quinta, introduced himself and responded 30,000 yards would be imported. Chairman Alderson echoed Commissioner Quill's concerns about this remaining an active adult community. Assistant City Attorney Houston said a conditional of approval has to have a nexus to the development that's being proposed and the land use. He was not aware of any authority that would allow the imposition of that as a condition. However, since it was a concern to the Commissioners he suggested they could ask the applicant, on the record, whether it was their intention to develop this project as an active adult complex. This would not provide full legal protection for the City, but the response would at least be on the record. Chairman Alderson asked if there were any questions of staff. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Craig Knight, 1387 Ambassador Way, Salt Lake City, Utah, introduced himself and stated, for the record, that this would be an active adult community. He then offered to answer any questions the Commissioners might have. Commissioner Wilkinson asked about the intention of including sidewalks. The applicant responded that would be addressed under landscaping and 629 anaannrtc - aCn2009\2-24-091Abbreviated Draft Minutes 1-27-09.doc 4 Planning Commission Minutes January 27, 2009 ' would be added at a later date. Applicant's representative, Mr. Bergh, said the sidewalks would only be located in the retention basin. Commissioner Wilkinson said there was parking on both sides of the street and that was an unsafe choice without sidewalks. There was then discussion about where the residents would have to go to walk safely. Mr. Knight explained the plans they had regarding the streets/sidewalks. Commissioner Barrows was also concerned, and asked the applicant to explain about the amenity features for this community. Mr. Knight explained what features were included. Commissioner Weber asked about the Condition 85 (now Condition 80) hard surface walking path and other amenities such as the gazebo. Mr. Knight said that would be handled by the landscape designer. He then discussed the access to the top of the retention basin and how it loops around leaving a lot of possibilities for use. Commissioner Weber said he liked the idea of the Washingtonian Fan Palms being incorporated into the project and asked they held any significance for the applicant. Mr. Knight responded they were of no significance to him, but their retention had been requested by the Planning Department. This was predicated on the fact they would be able to preserve the trees. Mr. Knight was concerned that if they were moved they might not survive. He then went into detail about the age and maintenance of the trees; ending by saying there were only ten left. Chairman Alderson concurred with Commissioner Weber's concerns. Commissioner Weber brought up the subject of walkways, trails and the Class I and II Bike Trails; as well as the use of the frontage along Monroe. He was also concerned about sustainable communities, and their access to mass transit; i.e., senior bus stops. The applicant then explained there was only a ten foot landscape strip available for use as a bus turnout. Commissioner Weber then commented on the use of cars in the future and the reduction of emissions. He went on to comment about mass transit and his concerns. Mr. Knight was in concurrence with the Commissioner's views and commented on residents using bicycles. Commissioner Quill had concerns about the sideyard setbacks for three lots which have sideyards adjacent to Trilogy and that the new houses would be too close to the Trilogy project. He made several suggestions 630 P:\Reports - PC\2009\2-24-09\Abbreviated Draft Minutes 1-27-09.doc 5 Planning Commission Minutes January 27, 2009 on how to change the cul-de-sac to maximize the lots and be in better harmony with the Trilogy development. He went on to explain his concerns on various conditions due to the rear and side yard setbacks. He asked staff to clarify what the setbacks were; which staff did. Chairman Alderson suggested the applicant work with staff to see if there was a way to modify the dimensions of the lots. Staff responded it would have to be included as a condition and explained the modifications would be a bigger challenge for Lots 24 and 25; which was followed by discussion of the height differences in those two lots. Chairman Alderson commented on the curvilinear design having a more calming affect and used the Trilogy street dimensions as an example. Chairman Alderson asked if there was any public comment. Ms. Joan Coombs 81800 Eagle Claw, La Quinta, introduced herself and expressed her concern about the condition of the date palm trees. She said she understood about the expense to the applicant, but thought they should at least be kept watered. They are an eyesore and a hazard and was surprised the Fire Department had not said anything. In addition, she commented on the elevation and asked if the applicant was going to bring in fill dirt. She added her concern about the possibility of the lights shining down into the homes in the Trilogy development. Marianne Mellin, 81400 Eagle Claw, La Quinta, introduced herself and commented on the clean-up, last year, of the shrubbery along the wall. She was excited to hear this was going to be a 55 + development but was concerned about the large drop behind her wall. However, that would not be such a concern if the homes were kept to one story. She also voiced her concern about the speed limit remaining at 20 or 25 mph to keep down the noise levels. Other than that she thought it was a very good project and was supportive. Barbara Irwin, 60-440 Juniper Lane, La Quinta, introduced herself and asked if these homes were going to be restricted to one story as this was ,a major concern to her. Staff responded the applicant had not submitted the house plans yet, but traditionally age -restricted developments were usually one story. Ms. Irwin expressed her concerns about the possibility of the development being sold and, if it was not conditioned, the new owner could build the two story homes. 631 P\Reoorts - PC\2009\2-24-09\Abbreviated Draft Minutes 1-27-09.doc 6 Planning Commission Minutes January 27, 2009 Ed Coombs 81800 Eagle Claw, La Quinta, introduced himself and said as long as it was built as presented, he would be in favor of it. He asked if there were any designs on security and if there was going to be a homeowners' association. Chairman Alderson responded there would be a homeowners' association. Mr. Coombs was very concerned about the fact there were no definite plans to look at and only a definition of the number of units per acre, but nothing else. He commented there was no information about the amenities and said the application was too vague. Mike Robinson, 61-304 Topaz Drive, La Quinta, introduced himself and said he was a retired professional planner, with over 30 years of experience, and agreed with Commissioner Quill's comments on the increase of setbacks. Secondly, since his wife had become disabled, was more sensitive to handicap issues and suggested the applicant consider installation of sidewalks and a non-traditional curb design. He pointed out this is an age -restricted community and there are no features for handicap accessibility. Chairman Alderson said a lot of the questions will be answered when the Commission reviews the forthcoming building elevations, house designs and landscape plans. Staff responded that some of them would be, the issues relating to the sidewalks, the number of stories, height, and the yard setbacks were certainly within the Commissions' purview. Commissioner Quill expressed his concern that the Commission impose conditions on the map in case the applicant was to sell the development. Chairman Alderson agreed. Mr. Knight said he was on the record as proposing this development as a 55 + adult community; which the Commission could add as a condition. He said they could accommodate the request for the specific type of curbing, but they did have a problem with the side yard setbacks on the two lots. He asked if they could work with the Planning Department to change the lots. He discussed the original grading plan and the request by Public Works to change it. He explained the current situation with the trees and how he had accommodated all previous conditions imposed upon the trees and their maintenance. He said if another line of date palm trees needed to be taken out he would accommodate that, as they are willing to make further changes 632 P:\Reports - PC\2009\2-24-09\Abbreviated Draft Minutes 1-27-09.doc 7 Planning Commission Minutes January 27, 2009 Staff asked Mr. Knight if he would object to the requirement of adding a condition restricting the project to 55+. Mr. Knight said he would not object and asked that it be added. Commissioner Wilkinson also expressed his concerns about Lots 24, 25, and 54, as well as the sidewalks and rolled curbs. He explained what would happen if the curbs were laid out prior to the landscaping. He said he understood a Tentative Tract Map did leave some questions unanswered. He had no conditions he would like applied other than the 55+ age group requirement. Commissioner Quill wanted to add conditions this be an age -restricted community, as defined by the California Department of Real Estate, the requirement for single story residences, the addition of four foot (minimum) sidewalks, and the use of a wedge curb design. He explained his reasons for each condition. In addition he wanted to condition Lots 24, 25, and 54 to have minimum side yard setbacks of 20 feet When adjacent to Trilogy. Commissioner Barrows supported his comments and added her own question about the sidewalks, and asked if the setback requirements would be altered because of the Zone Change. Staff explained the changes that would occur because of the Zone Change application. Commissioner Weber recapped the previously mentioned concerns of the trees, elevations, curb/gutter, single -story issue, the age restriction issue, and the design of the dead end at Lot 54. Discussion followed about Lot 54 and what had originally been intended for that area. Discussion then followed regarding the reduction of green house emissions and State Law SB 375. Most specifically, the lack of public transportation provisions from a senior development which is not close to amenities. Commissioner Barrows had a concern about access to Monroe Street and the sidewalk crossings. Staff explained the proposal for sidewalks and pointed out the current and future locations. Chairman Alderson reiterated the concerns on curbing and asked if a rolled curb would be considered handicap accessible. Public Works 63 P:\Reports - PC\2009\2-24-09\Abbreviated Draft Minutes 1-27-09.doc 8 Planning Commission Minutes January 27, 2009 Engineer Wimmer said the handicap accessibility is at the intersections and the rolled curbs do not meet the conditions of being handicap accessible. Commissioner Quill suggested adding a four foot area that might be able to accommodate mass transit in the deceleration lane. 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 2009-002 recommending approval of Environmental Assessment 2008-597 as submitted. Unanimously approved. There was no further discussion and it was moved and seconded by Commissioners Barrows/Quill to approve Resolution 2009-003 recommending approval of General Plan Amendment 2008-116 as submitted. Unanimously approved. There was no further discussion and it was moved and seconded by Commissioners Barrows/Wilkinson to approve Resolution 2009-004 recommending approval of Zone Change 2008-136 as submitted. Unanimously approved. There was no further discussion and it was moved and seconded by Commissioners Quill/Barrows to approve Resolution 2009-005 recommending approval of Tentative Tract Map 31434 with the following amended or added conditions of approval: 1. (As recommended by the Public Works Director) replace Condition 22.A. 2) i) with the following: "Install traffic signal interconnection and loop detection conduit and pull boxes for future traffic signal installations at Avenue 60 and 62 along the project frontage." 2. Add a condition stating all structures in the project shall be limited to one story in height. 3. Add a condition stating minimum four foot wide sidewalks shall be provided adjacent to the street curbs, except in areas adjacent to the retention basin where the required walking pathways are provided. 6340 P:\Reports - PC\2009\2-24-09\Abbreviated Draft Minutes 1-27-09.doc 9 Planning Commission Minutes January 27, 2009- 4. Add a condition stating Lots 24, 25, and 54 shall provided a minimum 20 foot interior side yard setback on the side adjacent to the project boundary. 5. Add a condition requiring rolled, or similar curb, shall be used throughout the project. 6. Add a condition, as requested by the applicant, which requires the applicant sign an agreement stating the project shall be age - restricted to 55 years and older as defined by the State Department of Real Estate. Said age -restriction shall be inlbluded in the Conditions, Covenants, and Restrictions (CC and R's) with the CC and R's reviewed and approved by the City Attorney prior to final approval of the Final Map by the City Council. Unanimously approved 635 ?Hd j a µ�Q 5 OF MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Veronica J. Montecino, CIVIC, City Clerk jo DATE: March 17, 2009 SUBJECT: Public Hearing Item No. 1 There was an error in the title of the environmental assessment resolution for Public Hearing Item No. 1 (Monroe Dates). The corrected resolution is attached. The resolution title has been corrected to read, General Plan Amendment No. 2008-116....... 63�> RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2008-597 PREPARED FOR GENERAL PLAN AMENDMENT 2008-116, ZONE CHANGE 2008-136 AND TENTATIVE TRACT MAP 31434 ENVIRONMENTAL ASSESSMENT 2008-597 APPLICANT: MONROE DATES, LLC WHEREAS, the City Council of the City of La Quinta, California, did, on the 17`h day of February, and continued to the 171h day of March, 2009, hold duly noticed Public Hearings to consider the request of MONROE DATES, LLC for Environmental Assessment 2005-536 prepared for General Plan Amendment 2008- 116, Zone Change 2008-136 and Tentative Tract 31434, for a 30.2± acre site located on the west side of Monroe Street at the west termination of Avenue 61, more particularly described as: APN's: 764-280-014 and 764-270-015 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 27`h day of January, 2009, hold a duly noticed Public Hearing to consider the request of Monroe Dates, LLC for Environmental Assessment 2005-536 prepared for General Plan Amendment 2008-1 16, Zone Change 2008-136 and Tentative Tract 31434 and did recommend certification by adoption of Resolution 2009-002; and WHEREAS, said Environmental Assessment complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Planning Director has conducted an Initial Study (Environmental Assessment 2008-597) and has determined that although the proposed Project could have a significant effect on the environment, mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non -significance, and that a Mitigated Negative Declaration of environmental impact and associated Mitigation Monitoring Program should be adopted; and WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify certification of said Environmental Assessment: b31 Resolution No. 2009- Environmental Assessment 2008-597 Monroe Dates, LLC Adopted: Page 2 1. The proposed applications will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 2008-597. 2. The proposed project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. The property has not been identified as a habitat for any endangered or threatened wildlife. 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. The property has not been identified as a habitat for any endangered or threatened wildlife. Furthermore, landscaping will be installed which may provide some habitat. 4. The proposed project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Environmental Assessment. 5. The proposed project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project. If the project is approved as proposed, it will be in compliance with the General Plan and in conformance with surrounding development. 6. The proposed project will not have environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment. 6313 Resolution No. 2009- Environmental Assessment 2008-597 Monroe Dates, LLC Adopted: Page 3 8. The City Council has considered Environmental Assessment 2008-597 and said assessment reflects the independent judgment of the City. 9. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.51d1. 10. The location and custodian of the City's records relating to this project is the Planning Department located at 78-495 Calle Tampico, La Quinta, California. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council for this Environmental Assessment. 2. That it does hereby certify Environmental Assessment 2008-597 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Mitigation Monitoring Program, attached as Exhibit "A" and on file in the Planning Department. 3. That Environmental Assessment 2008-597 reflects the independent judgment of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 17`n day of March, 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 639 Resolution No. 2009- Environmental Assessment 2008-597 Monroe Dates, LLC Adopted: Page 4 ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 11 640 � s �EMOFTI�� COUNCIL/RDA MEETING DATE: March 17, 2009 ITEM TITLE: Public Hearing to Consider Adoption of Resolutions for: 1) Certification of Environmental Impact Report for Environmental Assessment 2008-582, Adoption of Findings Pursuant to California Environmental Quality Act, Adoption of Statement of Overriding Consideration, Adopt a Mitigation Monitoring Program for an Environmental Impact Report, 2) Approval of Site Development Permit 2006-875 to Allow a Retail Complex and Medical Office Complex on 25+ Acres with Approximately 234,450 t Square Feet of Building Area, 3) Approval of Conditional Use Permit 2007-105 and 4) Approval of Tentative Parcel Map 35088 to Divide the Site into 10 Parcels (with 5 Lots for Condominium Purposes) for Property Located on the North Side of Fred Waring Drive, between Washington Street and Palm Royale Drive Applicant: Mayer Villa Capri, L.P. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: r� 1. Adopt a Resolution of the City Council certifying an Environmental Impact Report (SCH#2007121009) including adoption of CEQA Findings and Statement of Facts, and Statement of Overriding Considerations for Environmental Assessment 2006-582. 2. Adopt a Resolution of the City Council approving Site Development Permit 2006-875, subject to Conditions. 3. Adopt a Resolution of the City Council approving Conditional Use Permit 2006-105, subject to Conditions. 4. Adopt a Resolution of the City Council approving Tentative Parcel Map 35088, subject to Conditions. FISCAL IMPLICATIONS: 0rm 64 CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: Zoning: Community Commercial (CC) General Plan Designation: Community Commercial (CC) Surrounding Zoning and Land Uses: North: CO (Commercial Office), CC (Community Commercial) / vacant land and public middle school South: RL (Low Density Residential)/ country club development East: RL (Low Density Residential)/ Single Family Residential and Coachella Valley Water District (CVWD) well site West: Commercial and residential development in the City of Palm Desert Property Description and History: The property is located on the north side of Fred Waring Drive between Washington Street and Palm Royale Drive in north La Quinta (Attachment 1). The vacant site consists primarily of sand dunes and desert shrubs. A curb and sidewalk exist along Washington Street. Power poles and overhead lines also exist along the northern two-thirds of Washington Street. Improvements to Fred Waring Drive in front of the project and at the intersection with Palm Royale Drive, including signalization and raised center medians and curbs, are presently being completed. The subject property was divided into the existing 2 parcels by Parcel Map 31876 in 2003. In early 2004, Mayer Villa Capri proposed a residential subdivision consisting of 48 single family lots on the easterly 15 acre parcel. Additionally, at that time a General Plan Amendment and Zone Change from Community Commercial to Neighborhood Commercial was proposed for the westerly 10 acre parcel. Those applications were recommended for denial by the Planning Commission on March 23, 2004, and eventually withdrawn by the applicant prior to City Council review without any further public hearings (Attachment 2). A lot line adjustment in 2007 revised the westerly lot to 12.3 + acres and the easterly lot to 12.7 + acres. •1 5 4 Surrounding the project site to the east is the Bella Vista single family residential subdivision and a CVWD well site across Palm Royale Drive, with Colonel Mitchell Paige Middle School and vacant commercial land (proposed for a self-service car wash) located to the north, a commercial office complex and Desert Breezes residential project in Palm Desert to the west across Washington Street, and Palm Royale Country Club to the south across Fred Waring Drive. The middle school to the north has installed a steel picket type fence adjacent to their play yard areas along their common boundary with the subject property. PROPOSAL: A commercial complex and medical office complex are proposed to be developed on the subject property. Mayer Villa Capri currently owns the entire site; However, the medical complex is proposed be developed and owned by a different party. The 104,000± square foot commercial complex will be constructed on the existing westerly 12.3+ acre parcel, while a 130,450± square foot medical office complex is proposed on the eastern 12.7+ acre parcel. While the projects are separate, there will be vehicular and pedestrian connection provided between the two via east -west drives and a common north -south drive adjacent to the projects common boundary connecting to Fred Waring Drive. Commercial Complex The commercial complex will consist of a market with attached retail shop spaces, a freestanding drugstore, and six additional freestanding retail buildings (Attachment 3). The 39,709 square foot market is in the northeast corner of the commercial center site with the 12,900 square foot freestanding drugstore proposed at the southwest corner. In accordance with the permitted uses identified for Community Commercial zoning district, both of these buildings require conditional use permit approval as they exceed 10,000 square feet. Four freestanding retail shops are located near Washington Street, with the two remaining freestanding shops along Fred Waring Drive. The connected shops extend from the east side of the market and run south adjacent to the east property boundary. Though shown on exterior elevations and the landscaping plans, signs will be reviewed under a separate sign program to be considered at a future date. Retention of on -site storm water will occur in three small basins as well as an underground retention system proposed underneath a portion of the parking lot. The three basins will be landscaped with low water use plants and covered with decomposed granite. The basins are located east of the drugstore, east of the market behind the attached shops, and north of Building 9. The underground retention system is just north of the building 9 basin in the parking lot. 643 Parking and Circulation: The commercial complex proposes two driveways along the Fred Waring Drive frontage and two driveways along the Washington Street frontage. The easterly driveway on Fred Waring Drive will be shared with the proposed medical office complex to the east. Offset east -west drive aisles will connect to this driveway and provide access between the commercial and medical complexes. The northern -most driveway on Washington Street, adjacent to the north boundary of the site will provide right -in and right -out access and is intended primarily to provide access for market delivery vehicles. This driveway runs along the north and east commercial complex boundaries and heads south connecting to Fred Waring Drive, essentially separating the commercial complex from the medical complex. It is anticipated that large market delivery trucks will enter the site from the northern -most Washington Street driveway, back into the market loading dock, and pull forward and exit onto Fred Waring Drive. This Fred Waring Drive driveway will provide right -in, right -out and left -in access. The southern -most driveway and main entrance on Washington Street will permit right -in, right -out and left -in access and will lead incoming traffic to the center of the commercial complex. The westerly most driveway access on Fred Waring Drive will also serve as a primary customer access to the commercial complex and will permit right -in and right -out access. The majority of customer parking is located in the center of the site between the market and drugstore. Parking is provided at a ratio of one space per 250 square feet of building area as permitted by City Code for centers of this type. The following is a summation of the parking: Parking required: 415 spaces Parking provided: 507 spaces (including handicap and 24 compact spaces) A preliminary pedestrian ADA (Americans with Disabilities Act) circulation plan has been submitted to the Public Works Department to show how access to the various buildings can be achieved. In addition, pedestrian connectivity to the meandering sidewalks along Washington Street and Fred Waring Drive as well as within the project is identifed in several locations, such as at the Washington Street and Fred Waring Drive intersection as well as between buildings 2 & 3, 8 & 9, and 6 & 7. Pedestrian connectivity is also provided to the medical office complex to the east. Architecture: The commercial complex is designed in a desert contemporary style of architecture, utilizing flat roofs, square edges at corners, pop -outs and recesses, varying colors of smooth plaster walls, stone veneer on towers and walls, metal canopies and 644 trellis', awnings and curved roof towers. Exterior plaster colors include up to five shades of tan to brown plus a deep green. Metal work and accents will be dark brown with the stone veneer multi earth tone colors. Curved metal roofs, where used, will be standing seam metal in a clear anodized aluminum color. No architectural plans have been submitted for retail building 1 located along Washington Street. This building will require separate review at a later date. Retail Shops: Building heights are proposed at primarily 20' for the retail shops, but some areas vary slightly. Tower structures are shown on these buildings which are several feet higher than the adjacent building walls (the highest tower being 26'-6"). These buildings utilize vertical and horizontal planes of varying colors and depths. Pop -out columns and soffits create the appearance that the windows and doors are recessed into the suite. All of these retail buildings have at least one freestanding perforated steel shade cover provided over walkway or entry areas. Along shop fronts the plans allow for awnings over most windows, which are to be decided on by the tenant when they move in. In certain areas steel trellises will be provided over windows and doors. Market: The market, located at the northeast corner of the commercial complex site, is proposed with the same architectural style, colors and materials as the retail shops. The building storefront uses smooth exterior plaster and stone veneer accents. The remaining sides are primarily exterior plaster and integral color precision block, proposed in two colors. The market height varies to a maximum 29'-6" for a small portion of the building at the entry. Much of the balance of the building varies from approximately 24' to 26' in height. A covered two lane drive -through pharmacy window is provided on the northwest end of the building. A screened delivery dock and trash enclosure is provided at the rear of the building. Drugstore: A drugstore is proposed near the intersection of Washington Street and Fred Waring Drive and has been designed consistent in architecture, colors and material with the other buildings in the center. The primary building height is 22' with towers extending up to a maximum 27'-6" at the store entry. A covered two lane drive -through pharmacy window is provided on the east side of the building. A screened delivery dock and trash enclosure is located on the north side of the building. Medical Office Complex The proposed medical office complex will consist of five freestanding buildings on 645 12.7+ acres, with the northern three buildings proposed to be two stories and the southern two buildings closest to Fred Waring Drive proposed at one story (Attachment 4). Specific design detail has only been provided for one building (building 14) at this time. The total building square footage of the complex will be 130,450 square feet, with the center two-story "flagship" building (building 14) being the largest at 44,850 square feet. Signs will be reviewed under a separate sign program at a future date. A convalescent/rehabilitation facility is proposed to be located in the "flagship" building. The facility will provide elective surgeries, primarily for joint repair and similar operations and would include a maximum of 50 private suite rehabilitation rooms, capable of accommodating both long and short term rehabilitation patients. In addition to the beds, the facility will include a dietary/cafeteria space, one or more gym/rehabilitation rooms, therapy pools and nursing stations. The operating room in the facility is designed for elective outpatient surgeries. Total staffing is not yet known. It has yet to be determined if the facility will use all of the building space. If it does not, other medical offices will occupy the balance of the building. This facility requires a Conditional Use Permit in the Community Commercial zone, which has been applied for and is included in your review. The applicant has identified that in addition to the convalescent/rehabilitation facility the balance of the buildings in the complex are expected to contain sports medicine outpatient surgical facilities, medical office space, dialysis, orthopedic offices, family practices and various other specialists. Retention of on -site storm -water will be provided in a large basin at the northeast corner of the site and in an adjacent underground retention system underneath a portion of the parking lot. The unfenced basin will be landscaped with low water use plants and covered with decomposed granite. Parking and Circulation: The medical complex will have one driveway along the Palm Royale Drive frontage and two driveways along Fred Waring Drive, the westerly one being the aforementioned drive to be shared with the commercial complex. The easterly Fred Waring Drive driveway, which will provide right -in and right -out access, leads to the front door of the "flagship" medical building where a circular drive with an entry water feature in the center and drop off area and several close handicap parking spaces are shown. The circular drive intersects an east -west drive that provides access to Palm Royale Drive to the east and the commercial complex to the west. The driveway on Palm Royale Drive will be a full turn access and align with Rome Drive to the east. Rome Drive provides access to the adjacent Bella Vista residential neighborhood. 5 06 Parking for the medical complex is required at the convalescent hospital requirement of one space per four beds for the 44,850 square foot convalescent/rehabilitation facility and one space per 200 square feet of the first 2,000 medical office square footage plus one space per 175 square feet of the balance of the medical office square footage over 2,000 square feet. Using these ratios, the parking required and provided is: Parking required: 483 spaces Parking provided: 717 spaces (including handicap and six compact spaces) The site plan was originally designed for the entire project to be medical offices only. This requires more parking than a project with a convalescent facility. When the 44,850 square foot convalescent/rehabilitation facility was added to the project, the parking lot plan was not revised. Therefore, a large number of excess parking spaces remain. They are provided in case the convalescent/rehabilitation facility leaves and the space is converted back to medical offices. The applicant has also noted that a similar convalescent/rehabilitation facility in Rancho Mirage provides two parking spaces per bed, which would increase the required parking from 13 to 100 spaces for this 50 bed facility. Buildings proposed for office use require a minimum thirty percent of the parking spaces be covered by a carport or trellis. The plan proposes 30% of the spaces be covered, with carports located near each building. However, the majority of the carports are located north and west of the central building. Architecture: Architectural plans for the medical complex buildings focus on and are limited to the main "flagship" 44,850 square feet two-story building. This medical building is designed in a desert contemporary style of architecture utilizing similar architectural features as the retail complex. Exterior colors and materials will be consistent with those proposed in the commercial complex. Metal work and accents, including a curved standing seam metal roof over the tower feature, are to be clear anodized aluminum color, with a stone veneer face on the tower. Entries are provided on all four sides of the building with the main entry facing Fred Waring Drive where the water feature and circular drive are shown. On the south side of the building, following the curve of the circular drive and adjacent to the front door is a covered arcade over the sidewalk. The building parapet is proposed at 30' high, which is lower than the 40' maximum height allowed in the Community Commercial zone. Inside of the parapet wall and mounted to the roof will be a painted louvered equipment screen which will add an ,. G47 additional four feet of height to the structure. This screen is set approximately 10 feet behind the exterior walls of the building. In addition to providing a necessary screen for the roof equipment, the applicant has also identified that the screen is designed to be an integral architectural feature of the building. A tower (with the curved metal roof) over the north and south building entries will have a parapet wall height of 30 feet, screen wall height of 34 feet, with a maximum height of 43 feet at the entry tower. Plans for the carports have not been submitted, but the applicant has indicated they will be compatible with the desert contemporary architectural style and materials used for the medical buildings. The applicant has submitted a rendering and cross section drawings to show the relative relationships between the northeasterly two story medical office building (Building 13) and the four closest homes that back up to Palm Royale Drive north of Rome Drive. The drawings indicate the 34 foot high (including mechanical screening) office building would vary from approximately 198-238 feet away from the back wall of the neighboring homes to the east. Because of the height of the existing rear yard perimeter wall of the homes and their lower pad grades along Palm Royale Drive the first three homes north of Rome Drive should not see the future two story medical building across the street. As one moves north (from the fourth home north of Rome Drive and beyond), due to the lower perimeter wall height, the building will be seen. Landscape Design (both complexes) A landscape plan for the entire site has been submitted showing specific trees and shrub types (In Attachments 3 and 4). The plan includes a plant palette with sizes for the project. Trees are shown at 24" to 36" box size (with a minimum 2" caliper), with Date Palms at 14' and Mexican Fan Palms at 25' high. Shrubs are shown at 15, five and one gallon sizes (some grasses at one gallon) with groundcovers at five and one gallon size. The landscape design is desertscape in nature with no use of turf indicated. Decomposed granite or gravel will be used in all planters for groundcover. Additionally, landscape plan details are provided for the area around buildings 2-4 of the commercial complex (Attachment 3) and the area around the proposed medical building entry with its proposed water feature (Attachment 4). Along the Washington Street and Fred Waring Drive perimeters an 8' wide meandering sidewalk is shown. Along Palm Royale Drive, a 6' wide sidewalk is shown with a 6' wide planter located between the sidewalk and curb. At the corner of Washington Street and Fred Waring Drive a fountain -type water feature is proposed. Planted retention basins are shown at the northeast corner of the medical complex site adjacent to Palm Royale Drive, and in the commercial 648 complex to the east of building 10, to the southeast of the market and in the triangular area north of building 9. In front of the medical complex "flagship" building's main entry, south of the circular driveway, an oblong shaped waterfall style water feature is proposed surrounded by planting and the circular drive. Decorative paving is also proposed in the circular drive area of this entry and at the aisle crossing to the south in the main driveway leading to Fred Waring Drive. Water fountain and paver details have not been provided to date. Exterior Lighting (both complexes) Typical parking lot lighting will be provided for both commercial projects. This will consist of standard box fixtures on a pole. Lighting will be provided for the carports in the medical complex. No specific fixture details or photometric plans have been submitted to date. Tentative Parcel Map The Tentative Parcel Map proposes to divide the existing two lots into 10 parcels (Attachment 5). Five parcels would be created for the commercial complex with five parcels for the medical complex. In the commercial complex the market and drugstore will each be on a separate parcel with the balance of the three retail buildings on the remaining three parcels. Street perimeters are shown as part of the parcel they are adjacent to and not as common parcels. Each of the five medical complex buildings will be on an individual parcel. The interior parcel lines between the parcels will run down the middle of the driveways surrounding the buildings. The retention basin at the northeast corner of the site and street perimeters are included within the parcels versus being identified as common area lots. The applicant has indicated that all or some medical buildings may be sold as condominiums. Therefore, the five medical complex parcels are identified for condominium purposes. PUBLIC AGENCY REVIEW Staff transmitted a copy of the applicant's project request to responsible public agencies. All agency comments received have been made part of the Conditions of Approval for this case to the extent they are applicable. PUBLIC NOTICE The proposed project applications were advertised in The Desert Sun newspaper on 649 February 13, 2009 for the February 24, 2009 Planning Commission hearing and on March 6, 2009 for this City Council hearing. One written comment was received prior to the Planning Commission hearing (Attachment 6), and to date none have been received for the City Council hearing. ENVIRONMENTAL REVIEW Draft Environmental Impact Report A Draft Environmental Impact Report (DEIR) has been prepared, consistent with CEQA requirements (previously passed out to the City Council). The City of La Quinta is the Lead Agency and has the authority for preparation and certification of the DEIR. The DEIR includes a detailed project description and a description of the environmental setting of this project. The DEIR addresses the topics of Aesthetics, Air Quality, Biological Resources, Cultural Resources, Soils and Geology, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, Population and Housing, Public Services and Utilities, Recreational Resources, Transportation and Traffic. Potentially significant impacts were identified with respect to Air Quality, Cultural Resources, Geology and Soils, Noise, and Transportation. With the adoption of the mitigation measures proposed in the Draft EIR, the majority of the project impacts can be reduced to less than significant levels. However, a number of traffic impacts and temporary air quality impacts (during the construction phases) remain significant after mitigation measures are required. A number of traffic related mitigation measures are included in the DEIR to reduce impacts associated with the proposed project (page III-111 of the DEIR). However, even with these mitigation measures some impacts cannot be mitigated to less than significant levels. Those are: 1. In 2010 the implementation of the proposed project will result in traffic impacts which cannot be mitigated (page M-12 of the DEIR). This is due to the fact that street improvements, such as adding a turn lane, cannot be feasibly accomplished at the following intersections: A. Washington Street at Hovley Lane B. Adams Street at Fred Waring Drive C. Washington Street at Miles Avenue D. Washington Street at Highway 111 E. Washington Street and Avenue 48 2. In 2020 cumulative impacts associated with build out of the General Plan standards will be unmitigatable. To mitigate these impacts widening Washington Street from Hovley Drive to Avenue 48, Fred Waring Drive west 650 of Washington Street, and Highway 111 east of Washington Street to eight lanes would need to be done. This is not deemed feasible due to existing development along the streets. CEQA requires an alternatives analysis as part of the EIR process. Four alternatives were identified for consideration in the DEIR: 1) No Project (required); 2) General Plan Build Out/All Retail Development; 3) Reduced Intensity Alternative; and 4) Alternate Land Use Mix Alternative. Analysis of each of these alternatives is detailed in Section V of the DEIR. Only the no project alternative would result in significantly fewer impacts. However, traffic impacts with this alternative would still be significant and unavoidable due to regional traffic growth and cumulative projects in the area. This alternative would not accomplish any of the applicant's project goals. The other alternatives would achieve some of the applicant's project goals, but all would result in significant and unavoidable traffic impacts. Additionally, any of the development alternatives would result in short term grading and construction air quality impacts. CEQA allows public agencies to make findings to approval projects, despite the fact that certain potentially significant adverse environmental impacts identified in the DEIR are not mitigated to a level of insignificance. To do so, the Agency must state in writing the reasons to support its action based upon the EIR and any information in the public record. Such a written statement is called a Statement of Overriding Considerations (SOC) and requires Council consideration and adoption should the Council wish to approve the project. Final EIR and Comments Received on the Draft EIR The DEIR was circulated for public review as required by CEQA with the comment period ending February 27, 2009, three days after the February 24 Planning Commission hearing. Therefore, comments on the DEIR received by the deadline, including at the Planning Commission hearing are included in the Final Environmental Impact Report (FEIR) (Attachment 7). The Planning Commission considered the information in the DEIR in making its recommendations to the City Council. Certification of the FEIR is an action to be considered by the City Council. The following comments were received from agencies and interested parties during the public review period: 1. Riverside County Fire Department 2. Coachella Valley Water District 3. Time Warner Cable 4. Native American Heritage Commission 5. Riverside County Transportation Commission 6. The Robert Mayer Corporation 7. Department of Toxic Substances Control 651 8. Regional Water Quality Control Board Responses to these comments have been prepared and are part of the Final Environmental Impact Report. The Fire Department provided several general comments pertaining to fire planning, services and requirements, as well as one correction to the DEIR text pertaining to fire standards. Comments from the Coachella Valley Water District only include two corrections to the DEIR text pertaining to water resources. The applicant questioned the air quality mitigation measure (MM 3) requiring all structures within the proposed project shall demonstrate energy efficiency which exceeds the standards of Title 24 of the Uniform Building Code by 20%. This mitigation measure was included in the EIR to address greenhouse gases and global warming. Although there are no thresholds established for greenhouse gases as of yet, the City is required to work towards reducing its greenhouse gas emissions 1990 levels. While no uniform threshold of significance has been officially adopted in California, numerous proposed thresholds have been developed. The greenhouse gas emission from this project [7.458 metric tons of combined carbon dioxide equivalent (CO2e) per year at build out, not including construction emissions] would be above some of the lower thresholds and below some of the higher proposed thresholds. The suggested thresholds of significance range from a low of 900 metric tons per year of CO2e (the California Air Pollution Control Officers Association suggested threshold) to a high of 38,477 metric tons per year (the San Joaquin Valley Pollution Control District adopted standard). The SCAQMD has adopted a threshold of 10,000 metric tons of CO2e per year, but requires the inclusion of construction emissions amortized over 30 years. The City has not adopted a specific numeric threshold. However, City Staff and its environmental consultant believe that the CO2e emissions from the operation of this project are large enough that they warrant specific reduction efforts. Currently, the site produces no CO2e emissions as it is undeveloped. The project as proposed will increase greenhouse gas emissions, and although the impact is not been labeled "significant," this in part is because La Quinta had not adopted a numeric threshold. For this reason, reductions should be applied wherever possible to meet the State mandated targets. The 20% reduction is consistent with guidelines being published, and other legislation and programs being implemented in California to reduce greenhouse gases. As there is no threshold established, the 20% recommended an alternate mitigation measure is recommended as follows: "Unless determined to be an unreasonable hardship by the City Planning Director, all structures shall exceed the minimum standards set forth in the 2007 California Energy Code (Title 24, 652 Part 6/ by 20%. if it is determined by the Planning Director that compliance with this measure creates an unreasonable hardship, the measure may be reduced to the highest level determined feasible by the Planning Director but in no case shall it be reduced below the minimum standard set forth by the California Energy Code in effect at the time of building permit submittal. " Staff envisions including a similar standard in the General Plan during the next update. This revision will allow the project to be constructed even if the 20% reduction in energy consumption is not reached as long as it shown that a valid attempt has been made. This change in the mitigation measure would not significantly change the intent of the measure, would not represent a significant change in the analysis or conclusions of the EIR, and would not require recirculation of the document. Other comments were general or standard in nature and are included as noted items. CEQA Findings and Statement of Facts The California Environmental Quality Act and particularly the CEQA Guidelines require that: "No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects on the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1. Changes or alterations have been required in, or incorporated into, the Project which avoid, or substantially lessen the significant environmental effect as identified in the final EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or Project alternatives identified in the final EIR." In short, CEQA requires that the lead agency adopt mitigation measures or alternatives, where feasible, to avoid or mitigate significant environmental impacts 653 that would otherwise occur with implementation of the Project. Project mitigation or alternatives are not required, however, where they are infeasible or where the responsibility for modifying the project lies with another agency. For those significant effects that cannot be mitigated to a less -than -significant level, the public agency is required to find that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment. The Guidelines state in Section 15093 that: "If the specific economic, social, technological, or other benefits of a propos[ed] project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered acceptable." The required CEQA Findings and Statement of Facts for the Proposed Project are incorporated into the City Council Resolution for the Final Environmental Impact Report 2008-582 as Exhibit "B." Benefits of Implementing the Proposed Project and Statement of Overriding Considerations CEQA requires the City as Lead Agency, to balance the benefits of the proposed Project against its unavoidable significant adverse impacts, and to determine whether the Project related significant impacts can be acceptably overridden by the Project benefits when the impacts and benefits are compared and balanced. The proposed Project is anticipated to cause Project specific or contribute to cumulative unavoidable significant adverse environmental impacts as described the EIR. The required CEQA Statement of Overriding Considerations is incorporated into the City Council Resolution for the Final Environmental Impact Report 2008-582 as Exhibit "A." The benefits of the proposed Project resulting from the implementation of the proposed Project, as detailed in Exhibit "A," outweigh the Project specific and cumulative unavoidable adverse environmental effects. The benefits from approving the proposed Project, as outlined below and in Exhibit "A", can be considered by the City Council in performing the balancing test with those unavoidable significant adverse environmental impacts previously described. The following benefits can be found to outweigh and make acceptable the unavoidable significant adverse impacts of the proposed Project as described in the Final EIR, this document and other information in the record. Each benefit can constitute an overriding consideration warranting approval of the Project, independent of other benefits, despite each and every unavoidable impact. Expansion of retail, commercial and service opportunities - Implementation of the Project will enhance the retail and service experience for costumers and clients, and attract new businesses to the City, which will promote investment and create new employment opportunities within the City of La Quinta. The Project will add 654 to the total square footage of community retail and medical office space in the City needed to achieve the benchmarks in the Economic Development Plan; the Project anticipates building 104,000 square feet of retail and 130,450 square feet of medical office space. Enhancement of retail and service experience and expansion of employment opportunities - The Project will enhance the quality of life in the City of La Quinta by enhancing the retail and service experience as well as promoting investment and creating new employment opportunities in La Quinta associated with retail and medical office businesses. Sales tax revenue and fees - The Project would generate development that will contribute to future sales tax revenues and Development Impact (DIF) Fees for the City of La Quinta. The DIF Fees will contribute to implementation of the public infrastructure improvements included in the City's Capital Improvement Program. Expansion of and proximity to professional services - The Project will provide opportunity for additional conveniently located professional services in La Quinta. The rehabilitation facility will allow opportunity for La Quinta residents to utilize such services locally. In conclusion, the benefits identified, collectively and individually, outweigh the unavoidable, Project specific and cumulative significant unavoidable adverse impacts. PLANNING COMMISSION ACTION The Planning Commission considered this request at their meeting of February 24, 2009 (Attachment 8). One person from the Bella Vista neighborhood spoke. The resident lives on the east side of Milan Court, which is one block east of Palm Royale Drive and commented that he felt his view to the west would be detrimentally affected by the construction of the medical complex. The major concerns brought up by the applicant focused upon the recommended conditions of approval that called for Building 13 of the medical center to be limited to one story rather than two stories as proposed, the requirement for a city entry sign at the Fred Waring Drive and Washington Street intersection and the requirement for tower height of the drugstore be limited to not exceed 26 feet. The applicant also expressed concern with the mitigation measure identified in the DEIR relevant to greenhouse gas emissions. The measure as written in the DEIR requires all structures within the proposed project demonstrate energy efficiency exceeding the standards of Title 24 of the Uniform Building Code by 20%. The applicant identified that this measure would be financially infeasible. The Planning Commission raised a number of issues pertaining to the proposed project. Those issues included energy efficiency, especially with regard to the G55 extensive glass use in the medical complex, water use from the corner fountain and medical entry area water feature, the feasibility of the recommended city entry sign on the corner of Washington Street and Fred Waring Drive and replacement with public art, the lack of a deceleration lane into the medical complex on the easterly Fred Waring Drive, lack of public gathering areas and pedestrian scale, in general, as well as in conjunction with the medical complex water feature and concerns brought up by the applicant pertaining to the recommended conditions. After closing the public hearing and deliberating, the Planning Commission ultimately concluded that two stories for Building 13 and the extra tower height for the drugstore was acceptable and have included this in their recommendation to the City Council. Since the DEIR comment period did not conclude until after the Planning Commission meeting, the Commission did not take action specifically on the applicants request regarding the greenhouse gas emissions mitigation measure. With regard to the medical center water feature the Commission concluded that it should be re -designed to be more water efficient, use less energy, and be located to where it could be in immediate proximity to pedestrians. To enhance pedestrian friendliness the Commission has made a recommendation for the removal of some of the excess parking spaces in order to provide additional public area in both complexes. The Commission concluded that the condition for a city entry sign should be deleted as the sign is best suited for the southeast corner of this intersection. Commissioners recommended the fountain proposed for the same corner of the project be replaced with a public art piece. Due to the heavy traffic on Fred Waring Drive, the Commission felt a deceleration lane should be added for the easterly medical complex driveway and has recommended this to the City Council. This would result in two of the three driveways along Fred Waring Drive having deceleration lanes. The other is for the westerly driveway serving the commercial complex. The Planning Commission recommended to the City Council approval of all applications, on 5-0 votes for the Conditional Use Permit and Tentative Parcel Map and 4-1 with Commissioner Weber voting no on the Site Development permit. TRANSPORTATION DEMAND MANAGEMENT On September 18, 2007, during a Study Session item discussing the traffic impacts of development projects to the Washington Street and Highway 111 corridors, City Council directed staff to complete two items: 1) optimize traffic signal operation at Highway 111 and Washington Street, and 2) commission a 656 report to study alternatives for improvements to the northern portion of the Washington Street Corridor. The City's takeover of Highway 111 has allowed greater flexibility coordinating signals on both Highway 111 and Washington Street. However, improving the northern portion of Washington Street has required coordination with Palm Desert, Indian Wells and Riverside County as all have jurisdiction over this roadway. Coachella Valley Association of Governments (CVAG) has agreed to participate in this project by funding 75% of the cost of a corridor study. On March 17, 2009, City Council will be asked to consider the award of a consultant services contract for the study of Transportation System Management (TSM) and Transportation Demand Management (TDM) for the Washington Street Corridor. This study will develop and evaluate TSM/TDM alternatives to reduce travel delays either through: a) a more effective use of existing capacity, b) adding capacity (if feasible), c) traffic signal synchronization, d) encouraging motorists to use transit, car/van pooling, etc., e) encouraging motorists to travel at less congested times, and/or f) encouraging pedestrian and bicycle alternatives. The TSM/TDM Study will identify options to address existing and anticipated congestion along the Washington Street Corridor. Since the subject project is located within a critical link in this corridor, The Public Works Department recommends the following condition of approval be added to the recommended conditions of approval for the tentative parcel map and site development permit for the subject project: The applicant shall at a minimum establish and administer a transportation demand management plan in accordance with LQMC 9.180 — Transportation Demand Management. In addition, the applicant shall, as directed by the City Engineer, implement all TOM programs identified in the Transportation System Management/Transportation Demand Management Study for the Washington Street and Highway 111 Corridors. Since it would have been inappropriate for them to consider a condition of approval on an item that had not yet been considered by City Council, this condition of approval was not included in the agenda packet for the Planning Commission meeting of February 24, 2009 when the Commission considered the Mayer Villa Capri project. For your consideration, this condition has been included as Condition #102 in the recommended Site Development Permit Resolution and Conditions of Approval and as Condition #82 in the recommended Tentative Parcel Map Resolution and Conditions of Approval. 657 FINDINGS AND ALTERNATIVES: The Findings, as noted in the attached Resolution, required by the Zoning and Subdivision Ordinance, and CEQA, can be made, subject to the recommended Conditions of Approval. The City has identified all of the adverse environmental impacts and feasible mitigation measures which can reduce potential adverse environmental impact to insignificant levels where feasible, or to the lowest achievable levels where significant adverse unavoidable adverse environmental impacts remain. The findings have also analyzed three alternatives to determine whether they are reasonable or feasible alternatives to the proposed Project, or whether these alternatives might reduce or eliminate the significant adverse impacts of the proposed Project. The Final EIR presents evidence that implementing the proposed Project will contribute to significant adverse impacts which cannot be substantially mitigated to an insignificant level. All feasible alternatives and mitigation measures are recommended for adoption or identified for implementation by the City and other agencies where appropriate. The City finds that the Project's benefits are substantial as outlined, and that these benefits justify overriding the unavoidable significant adverse impacts associated with the proposed Project. The City further finds that the benefits, when balanced against the unavoidable significant adverse impacts, outweigh these impacts because of the environmental, social and economic benefits which accrue to the City. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council certifying an Environmental Impact Report (SCH#2007121009) including adoption of CEQA Findings and Statement of Facts, and Statement of Overriding Considerations for Environmental Assessment 2006-582. Adopt a Resolution of the City Council approving Site Development Permit 2006-875, subject to Conditions. Adopt a Resolution of the City Council approving Conditional Use Permit 2006-105, subject to Conditions. Adopt a Resolution of the City Council approving Tentative Parcel Map 35088, subject to Conditions; or 2. Do not adopt the Resolutions approving the Project; or 3. Provide staff with alternative direction. 658 Respectfully submitted, Les J nson, Planning Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Location Map 2. Planning Commission minutes for the meeting of March 23, 2004 3. Commercial Complex plans 4. Medical Complex plans 5. Tentative Parcel Map exhibit 6. Letter received via e-mail 7. Final Environmental Impact Report 8. Draft Planning Commission Minutes for the Meeting of February 24, 2009 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING THAT THE ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE VILLA CAPRI PROJECT (SITE DEVELOPMENT PERMIT 06-875, CONDITIONAL USE PERMIT 2007- 105, TENTATIVE PARCEL MAP 35088) IS RECOGNIZED AS ADEQUATE AND COMPLETE; RECOGNIZING THE OVERRIDING CONSIDERATIONS TO CERTAIN SIGNIFICANT ENVIRONMENTAL IMPACTS; AND, RECOGNIZING THE SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED, BUT CAN BE REASONABLY AND SUBSTANTIALLY MITIGATED, IF THE PROPOSED PROJECT IS IMPLEMENTED. CASE. NO.: ENVIRONMENTAL ASSESSMENT 2006-582 APPLICANT: MAYER VILLA CAPRI, L.P. WHEREAS, formal applications have been submitted to allow development on a 25.05 acre site to be generally known as the Villa Capri Commercial Project (SCH #2007121009) (hereinafter "Villa Capri"); and, WHEREAS, Villa Capri will consist of a commercial complex on the western half of the site and a medical office complex and acute care rehabilitation facility on the eastern half as more particularly described as: APN'S 609-070-053 AND -054 WHEREAS, an Environmental Impact Report (hereinafter "EIR") has been prepared and circulated, pursuant to the requirements of the California Environmental Quality Act of 1970 (hereinafter "CEQA"), as amended; and, WHEREAS, it is the policy of the State of California and the City of La Quinta, in accordance with the provisions of the CEQA, as amended (Public Resources Code, Section 21000 et. seq.), and the State Guidelines for the implementation of CEQA ("Guidelines"), as amended (14 Cal. Code of Regs. Sections 15000 et. seq.), that the City shall not approve a project unless there is no feasible way to lessen or avoid significant effects; meaning all impacts have been avoided to the extent feasible or substantially lessened and any remaining 1 MO Resolution No. 2009- Environmental Assessment 2006-582 Mayer Villa Capri, L.P. Adopted: Page 2 of 32 unavoidable significant impacts are acceptable based on Guidelines, Section 15093; and, WHEREAS, it is the policy of the State of California and the City of La Quinta, in accordance with the provisions of the CEQA, as amended (Public Resources Code, Section 21000 et. seq.) and the State Guidelines for implementation of CEQA, as amended (14 Cal. Code of Regs., Sections 15000 et. seq.) that the City shall balance the benefits of a proposed project against its unavoidable environmental risks prior to project approval; meaning that if the benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects are outweighed by the project benefits and may be considered acceptable; and, WHEREAS, the City Council of the City of La Quinta has read and considered all environmental documentation comprising the EIR, has found that the EIR considers all potentially significant environmental impacts of the proposed project and is complete and adequate, and fully complies with all requirements of CEQA; and, WHEREAS, the City Council has reviewed and adopted certain overriding considerations to adverse environmental impacts, and specified CEQA Findings and Statement of Facts; and, WHEREAS, prior to action on the project, the City Council has considered all significant impacts, mitigation measures, and project alternatives identified in the EIR, and has found that all potentially significant impacts on the project have been lessened or avoided to the extent feasible; and, WHEREAS, Guidelines Section 15093(b) requires, where the decision of the City Council allows the occurrences of significant effects which are identified in the EIR, but are not mitigated, the City must state in writing the reasons to support its action based on the EIR and/or other information in the record; and, WHEREAS, CEQA and the State CEQA Guidelines provide that no public agency shall approve or carry out a project for which an EIR has been completed and which identifies one or more significant effects of the project unless the public agency makes written findings for each of the significant effects, accompanied by a statement of facts supporting each finding. 661 Resolution No. 2009- Environmental Assessment 2006-582 Mayer Villa Capri, L.P. Adopted: Page 3 of 32 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of La Quinta does hereby certify the EIR for Villa Capri as adequate and complete. BE IT FURTHER RESOLVED that the City Council of the City of La Quinta makes the Statement of Overriding Considerations as shown on attached Exhibit "A" entitled "Statement of Overriding Considerations," which is incorporated herein as though set forth at length. BE IT FURTHER RESOLVED that the City Council of the City of La Quinta adopts the CEQA Findings and Statement of Facts as shown on the attached "Exhibit B" entitled "CEQA Findings and Statement of Facts," which exhibit is incorporated herein as though set forth at length. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 17T" day of March, 2009, 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 (Seal) 662 Resolution No. 2009- Environmental Assessment 2006-562 Mayer Villa Capri, L.P. Adopted: Page 4 of 32 APPROVED AS TO FORM: M. Katherine Jenson, City Attorney City of La Quinta, California Resolution No. 2009- Environmental Assessment 2006-582 EXHIBIT `A" Mayer Villa Capri, L.P. Adopted: EXHIBIT "A" STATEMENT OF OVERRIDING CONSIDERATIONS The City of La Quinta ("City") hereby adopts and makes this statement of overriding considerations concerning the Villa Capri project's unavoidable significant impacts to explain why project benefits override and outweigh unavoidable impacts. CEQA requires the decision -making agency to balance the economic, legal, social, technological or other benefits of a project against its unavoidable environmental risks when determining whether to approve the project. If the benefits of the project outweigh the unavoidable adverse effects, those effects may be considered acceptable. CEQA requires the agency to provide written findings supporting the specific reasons for considering a project acceptable when significant impacts are unavoidable. Such reasons must be based on substantial evidence in the EIR or elsewhere in the administrative record. Those reasons are provided in this Statement of Overriding Considerations. The City finds that the project will create substantial economic, legal, social, technological, or other benefits that will enhance the quality of life for residents, businesses and visitors, resulting in increased investment within the City of La Quinta. Each benefit set forth below constitutes an overriding consideration warranting approval of the project, independent of other benefits, despite each and every unavoidable impact. The following overriding considerations apply independently to each unavoidable impact: 1. Adoption of the proposed project will provide the City with a variety of retail, commercial, and service opportunities, which currently do not exist in proximity to the Washington Street/Fred Waring intersection. 2. The economic and social benefits of an energy efficient retail, commercial, and service center will enhance the retail and service experience for costumers and clients, and attract new businesses to the City, which will promote investment and create new employment opportunities within the City of La Quinta. 3. The proposed project will generate substantial sales tax revenue for the City of La Quinta, which will enhance the quality of life for residents. 664 Resolution No. 2009- Environmental Assessment 2006-582 Mayer Villa Capri, L.P. Adopted: EXHIBIT "A" 4. Development of medical offices on the Villa Capri site will provide local and regional residents with high quality professional services that are conveniently situated for access locally and regionally. 5. Development of an in -patient rehabilitation facility on the project site will allow patients to be located closer to their families, providing a social benefit to these residents, and reducing the number of miles traveled on the regional roadway system. Build out of the Villa Capri project is projected to have a net positive effect on the City's economy. Major revenue sources will include property tax and sales tax, while additional revenue sources will be generated from developer impacts fees, building permits, business licenses, and other development -related fees. The economy of the project is expected to be self-sustaining at build out, as its annual revenues are expected to outweigh its annual costs. The City finds that the specific benefits associated with the proposed project override and outweigh the project's significant environmental impacts identified in the EIR and in the record. In making this finding, the City has balanced the benefits of the Villa Capri project against its unavoidable impacts and has determined that the project's unavoidable impacts are acceptable in light of these benefits. Resolution No. 2009- Environmental Assessment 2006-582 Mayer Villa Capri, L.P. Adopted: EXHIBIT "B" CEOA FINDINGS AND STATEMENT OF FACTS A. INTRODUCTION Project Description, Location, and Objectives EXHIBIT "B" Project Description The proposed project is located on 25.05 acres, with a General Plan designation of Community Commercial and a Zoning designation of Community Commercial. The project design generally divides the site into two halves, with a supermarket and retail complex on the western half and a medical office complex and acute care rehabilitation facility on the eastern half. The western half of the project consists of a 39,729 square foot supermarket anchor, a 13,013 square foot drug store, and 51,230 square feet of additional retail space, parking and landscaping areas on approximately 12.3 acres. Total building square footage for the retail complex is approximately 104,000 square feet. Structures within this portion of the project will be single story. The eastern half of the project site includes a medical complex consisting of five buildings ranging in size from 15,360 to 44,850 square feet, parking, landscaping areas and a storm water retention basin on approximately 12.7 acres. Total building square footage for the office complex is 130,450 square feet. Structures within this portion of the project will be one and two stories, with the two buildings located adjacent to Fred Waring Drive being single story, and the three buildings on the northern portion of the site being two stories. The central building (Building 14) is proposed to house an acute care rehabilitation facility with a maximum 50 patient beds, treatment areas, and ancillary facilities. Patients are expected to reside at the facility for a period of 12 to 15 days. The project includes two access points on Washington Street, three access points on Fred Waring Drive, and one access point on Palm Royale Drive. Project Location The Villa Capri project site is located on the northeast corner of Fred Waring Drive and Washington Street, between Washington Street and Palm Royale Drive along the north side of Fred Waring Drive. Land uses to the north of the project site include an existing two story office complex along Washington Street, the Colonel Mitchell Paige Gub Resolution No. 2009- Environmental Assessment 2006-582 Mayer Villa Capri, L.P. Adopted: EXHIBIT "B" Middle School and two-story multi -family development with frontage on both Washington Street and Palm Royale Drive. Further to the north, land uses include developed and undeveloped medium and low density residential lands with commercial uses along Washington Street. The Palm Royale Country Club is a medium density residential golf development located immediately south of the project along Fred Waring Drive. Further to the south, along the east side of Washington Street, is existing low density residential development. Development to the east, beyond Palm Royale Drive, includes existing single family low density residential development. On the west side of Washington Street, existing commercial office and residential development occurs north of Fred Waring Drive, while a church complex and the Indian Wells Tennis Garden occur south of Fred Waring Drive. Project Objectives The primary goal of the proposed project is to establish an economically viable retail and office complex at a major intersection in the City of La Quinta. The project objectives have been developed on that premise. They are as follows: 1. To provide convenient retail outlets to surrounding residents and place neighborhood commercial development convenient to the residences it serves. 2. To provide an office project which includes medical offices to serve area residents, with professional services located with convenient regional access. 3. To provide a high quality designed project which serves as a gateway for the City of La Quinta. 4. To provide an economically successful project with longevity in the community. 5. To generate sales tax revenues for the City which help it continue to meet the needs of its residents. CEQA Requirements The Villa Capri project constitutes a "project" under the California Environmental Quality Act of 1970 (CEQA), as amended, and the State Guidelines for the 66i Resolution No. 2009- Environmental Assessment 2006-582 Mayer Villa Capri, L.P. Adopted: EXHIBIT "B" implementation of CEQA, as amended. Therefore, the City has prepared an Environmental Impact Report (EIR) that identifies certain unavoidable significant effects which may occur as a result of the project, or which may occur on a cumulative basis in conjunction with the project and other past, present, and reasonably foreseeable future projects. CEQA and the State Guidelines require that no public agency approve or carry out a project for which an EIR has been certified and which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of the significant effects, accompanied by an explanation of the rationale supporting each finding. The possible findings include the following: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunity for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the EIR. The City has determined that the EIR is complete and has been prepared in accordance with CEQA and the CEQA Guidelines. Therefore, the City of La Quinta proposes to approve the Villa Capri project, and the findings set forth herein. B. EFFECTS DETERMINED TO HAVE NO IMPACT The CEQA Guidelines Environmental Checklist Form was used to prepare the Initial Study, which was reviewed by the City of La Quinta to assure that all required environmental issues would be addressed in the EIR. It was determined that the proposed project would have no impact on agricultural resources, land use and planning, and mineral resources. The following environmental areas of concern will also result in no impacts: 1. Scenic resources; Resolution No. 2009- Environmental Assessment 2006-582 Mayer Villa Capri, L.P. Adopted: EXHIBIT "B" 2. Conflict with implementation of the air quality plan; 3. Riparian or sensitive natural habitat; 4. Federally protected wetlands; 5. Migratory wildlife corridors or species; 6. Local policies or ordinances protecting biological resources including an adopted Habitat Conservation Plan; 7. Historical resources as defined in Section 150645.5; 8. Disturbance of any human remains; 9. Exposure of people or structures to risk of loss, injury or death from the rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map, or from a landslide; 10. Expansive soils or soils that are incapable of supporting the use of a septic tank; 11. Location on a listed hazardous materials site; 12. Safety hazard for people residing or working in the project area, in the vicinity of a private airstrip; 13. Risk of loss, injury or death from wildland fires; 14. Placing housing or structures within a 100-year flood zone; 15. Exposure to excessive groundborne vibration or noise levels; 16. Exposure to excessive noise levels within 2 miles of an airport; 17. Displacement of a substantial number of people or existing housing, necessitating the construction of replacement housing elsewhere; 18. Require new or expanded stormwater drainage facilities; 19. Result in a change in air traffic patterns. C. EFFECTS DETERMINED TO BE LESS THAN SIGNIFICANT Aesthetic Resources Impacts To be in compliance with the La Quinta General Plan, the project will be required to implement enhanced landscaping treatments and limit building height to 22 feet within 150 feet of the rights -of -way for Washington Street and Fred Waring, since these roadways are designated as Primary Image Corridors in the General Plan, and must conform to the standards in Section 9.90.050 of the City's Zoning Ordinance. Palm Royale Drive serves as a buffer between the residential neighborhood to the east and the proposed commercial center. The inclusion of the proposed landscaping buffer onsite will protect residences from any potential impacts to visual resources, by requiring further distance to reduce the blockage potentially created by the buildings 6i�9 Resolution No. 2009- Environmental Assessment 2006-582 Mayer Villa Capri, L.P. Adopted: EXHIBIT "B" on site. In addition, the project's eastern half is designed with multiple buildings and wide spacing between buildings, which will allow for view corridors through the site, and of the mountains to the west. Impacts to the views of adjacent residences are expected to be less than significant. The proposed project will create new sources of light and glare from interior and exterior lighting sources, windows and other reflective building materials, project - related vehicular traffic, and lighting associated with parking lots. The nearby residential neighborhood to the east of the site is protected from light and glare by an existing 5 foot high sound/privacy wall, which will in certain locations increases to 9 feet. The project proposes the inclusion of landscape buffers along the eastern perimeter of the project to further reduce potential light and glare impacts to nearby residences. In addition, the City requires the preparation of lighting plans and photometric analyses to demonstrate that on -site lighting will be contained within the proposed project. Impacts to the light and glare are expected to be less than significant. The application of City regulations and guidelines for building setbacks, building design and exterior finishes, landscape, walls and fences, and exterior lighting, are expected to reduce potentially significant impacts to visual resources to less than significant levels. Air Quality Impacts The proposed project will generate short and long term mobile emissions from increased motor vehicle activity, stationary source emissions from the operation of construction equipment, and the consumption of natural gas. The proposed project will have a less than significant impact on carbon monoxide levels for all stages of development and operation. Long-term emissions from project operation will have a less than significant impact to air quality since none of the SCAQMD daily thresholds are exceeded. The project is not expected to create or result in any objectionable odors. Therefore, impacts from objectionable odors will be less than significant. 670 Resolution No. 2009- Environmental Assessment 2006-582 EXHIBIT "B" Mayer Villa Capri, L.P. Adopted: Biological Impacts Development of the Villa Capri project will have less than significant impacts on biological resources, including native wildlife and plant species. The project site does not contain critical or essential habitat for sensitive biological species and the area has been disturbed and fragmented by surrounding development. However, since the site is currently undeveloped and remains vacant, there may be some ruderal nesting and foraging habitat for endemic wildlife species. Although build out will result in habitat loss, the project site does not contain valuable biological resources. The project will be required to pay mitigation fees designed to implement the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP), which will reduce impacts to biological resources to less than significant levels. Due to the degraded nature of the site, the lack of sensitive habitat or species on the project site, and the project's requirement to participate in the CVMSHCP mitigation fee program, overall impacts associated with biological resources are expected to be less than significant. Hazards and Toxic Materials Impacts The proposed project is not expected to use, store or transport significant amounts of chemicals, cleaners or other hazardous or toxic materials. However, medical offices, landscaping, and other retail/commercial land uses may store, use or generate small amounts of hazardous materials or wastes. Proper use, storage, and transport of such materials, as regulated by the Fire Department and County Environmental Health Department, as regulated by the Fire Department and County Environmental Health Department, will assure that any potential impacts associated with hazardous or toxic materials are less than significant. The proposed project is located adjacent to an existing school. The Desert Sands Unified School District has protocols at each of its facilities for emergency situations of all types. These protocols are designed to assure that impacts to school children and staff are less than significant in an emergency situation. There are no airports or airstrips located in the immediate vicinity of the project site. The Bermuda Dunes Airport is located two miles north of the site, and the flight patterns for that private airport do not impact the project site. Therefore, hazardous and toxic material impacts from airport operations will be less than significant. Resolution No. 2009- Environmental Assessment 2006-582 EXHIBIT "B" Mayer Villa Capri. L.P. Adopted: Hydrology and Water Resources Impacts Hydrology The City requires that all projects, including the Villa Capri project, manage storm water on site. The Public Works Department manages the National Pollution Discharge Elimination System (NPDES) program within the City, and will continue to review the storm water management plan proposed for the Villa Capri site, which consists of a combination of underground and above ground retention. Drains will convey water to both the on -site retention basins and the underground storage basins (two are proposed: one in the western portion of the site, and one in the eastern portion of the site), where flows will then be percolated into the ground. The project will comply with the City's standards for surface water management, including the preparation of an NPDES permit for non -point pollution. In addition, a Storm Water Pollution Prevention Program (SWPPP) will also be prepared for the project, and will contain Best Management Practices designed to prevent the pollution of surface waters during construction and operation. These requirements assure that storm water is not contaminated by on -site pollutants, silts or debris and that impacts to water resources as a result of runoff originating onsite are less than significant. All onsite storm drainage and hydrologic improvements are designed to conform to the City's master hydrology and storm drain improvement program. Therefore, impacts to drainage patterns and flood control as a result of site development will be less than significant. All onsite development will connect to the existing sewage system, which will eliminate the potential risk of groundwater contamination associated with the use of septic tanks and seepage pits. Water Resources Although the site is currently vacant and does not utilize domestic water, project development will generate water demand onsite. Based on calculations for water consumption for interior and landscaping areas onsite, at build out the project will use approximately 102.5 acre-feet of water per year, or 8.54 acre-feet per month. Although the project will result in increased water demand within the City, the proposed water demand is not expected to have a significant impact on the region's water supply. The Coachella Valley Water District will provide potable water to the project site. CVWD anticipates that existing and planned water extraction is sufficient to meet the water demand that will be generated by this project. Resolution No. 2009- Environmental Assessment 2006-582 Mayer Villa Capri, L.P. Adopted: EXHIBIT "B" In order to limit water demand for this development, a number of water conservation techniques are included in the design. One strategy includes the use of xeriscape landscaping, which requires the use of water efficient desert plants, boulders, and other landscaping features that require little or no water. In addition, water conserving appliances will be incorporated into all buildings, and will include low flush toilets, water efficient faucets, dishwashers, and other appliances consistent with the City's water efficiency requirements. Therefore, impacts to water resources as a result of project development will be less than significant. Noise Impacts The development of retail and office commercial structures will not result in sensitive receptors on site. The development of the acute care rehabilitation facility will place sensitive receptors on the site, however. Traffic along Washington Street and Fred Waring Drive has the potential to result in long-term noise impacts on site. At project build out, within 50 feet of the outermost lane on Washington and Fred Waring, closest to the project, the noise level will be less than 75 dBA CNEL. The shops closest to Washington Street would have noise levels of up to 73 dBA CNEL. The shops closest to Fred Waring would experience noise levels of up to 66 dBA CNEL. The offices located on Fred Waring would have noise levels of up to 67 dBA CNEL. At the acute care rehabilitation facility, noise levels will be below the 65 dBA CNEL General Plan requirement. The City's standard for commercial land uses is that the exterior noise level cannot exceed 75 dBA CNEL, and that sensitive receptors (the rehabilitation facility) not experience noise levels above 65 dBA CNEL. Therefore, noise impacts from traffic along Washington Street and Fred Waring will be less than significant. Other noise sources may include landscape maintenance equipment, delivery and unloading operations, and outdoor mechanical equipment, such as heating, cooling and ventilation equipment. Noise impacts from these sources are expected to be less than significant. Population and Housing Impacts The proposed project is estimated to generate a demand for about 400 to 450 jobs at build out. These jobs are expected to be in a variety of sectors, including service, retail and professional categories. Based on this level of new jobs, the proposed project has the potential to generate between 200 and 225 new households within the City of La Quinta. The City has been experiencing household growth in excess of 800 households annually for the first seven years of this decade. Due to the current 6 l3 Resolution No. 2009- Environmental Assessment 2006-582 Mayer Villa Capri, L.P. Adopted: EXHIBIT "B" economic conditions this rate is likely to slow. The proposed project will contribute to the annual population and household growth within the City of La Quinta, but is not expected to generate additional household growth beyond the established growth rate. The City currently experiences an imbalance in jobs when compared to housing. The City has traditionally been primarily a residential community, where residents looked outside the City's boundaries for employment. The proposed project will provide job opportunities for existing City residents, who could seek employment at the proposed project rather than at employment centers located in other cities. The Villa Capri project will have less than significant impacts to population and housing. Public Services and Facilities Impacts Police and Fire Service Impacts The proposed project, when combined with other projects in the City, will require additional services from the police and fire departments, which may include personnel, equipment, and the expansion of facilities. The County Fire Department and the City will continue to monitor fire and police services, and provide additional fire protection services as needed. The proposed project will pay Development Impact Fees, which include a component for fire and police facilities. Revenues generated by sales and property tax will be sufficient to address the costs of additional personnel associated with the proposed project. The Fire and Sheriff Departments will review the proposed project's site plans to assure that adequate emergency access, signage, and internal circulation are provided. Impacts to police and fire protection services are expected to be less than significant. Solid Waste Based on solid waste generation rates provided by the California Integrated Waste Management Board, the proposed project will generate approximately 1,825 pounds of solid waste per day, or approximately 300 tons per year. The project is not anticipated to produce unusually high quantities of solid waste or hazardous waste. Adherence to the City's and Burrtec's requirements will assure that impacts associated with solid waste are less than significant. 674 Resolution No. 2009- Environmental Assessment 2006-582 Mayer Villa Capri, L.P. Adopted: EXHIBIT 'B" Sanitary Sewer Since no current sewer system exists on site, pipes and similar conveyance devices will need to be installed in order to provide wastewater collection services to individual buildings on site. CVWD will determine appropriate engineering of the on site sewer system and facilitate connection to CVWD's existing sewer treatment system in adjacent streets. CVWD's treatment plant currently has sufficient capacity to accommodate flows from the project site. Sewer system connection fees and associated facility fees will be collected, which will offset costs associated with wastewater reclamation plant expansion resulting from development of all projects, including the proposed project, as needed. These fees will assure that impacts associated with sanitary sewer are less than significant. Schools In order to compensate for any potential impacts to schools, the project will be required to pay school fees to the Desert Sands Unified School District to fund the construction and reconstruction of public schools. Due to the small size of the commercial project it is reasonable to expect that student generation impacts to schools as a result of the proposed project will be less than significant. Libraries The proposed project has the potential to indirectly generate a demand for 800 to 900 new books and 200 to 225 square feet of additional library space, as a result of new households which may occur in the City to work at the project site. The project will pay Development Impact Fees which include Library facilities, and also generate both property tax and sales tax revenues which will in part be collected by the County. These tax revenues will serve to offset costs associated with the minor increased demand for library facilities. Domestic Water Projected water demand for the proposed project is estimated at 102.5 acre feet per year. Water usage and consumption for on -site businesses will be reduced to the greatest extent practicable through the use of low flush toilets, and other water conserving technologies. Likewise, water used for landscaping purposes will be minimized via the use a drought tolerant plants and xeriscape design. Impacts to water resources will be less than significant. Electricity and Natural Gas Development of the proposed project will result in the consumption of 258,179 kilowatt-hours per month and 562,418.8 cubic feet of natural gas per month. The 675 Resolution No. 2009- Environmental Assessment 2006-582 Mayer Villa Capri, L.P. Adopted: EXHIBIT "B" utilization of energy -efficient appliances, lighting fixtures, and mechanical equipment will minimize energy and natural gas consumption. Impacts to energy and natural gas consumption will be less than significant. Telephone, Cable and Medical Services Build out will also increase the demand for telephone, cable television, and medical services and infrastructure. Impacts to these services as a result of project development will be less than significant particularly as the project will result in additional medical services available in the community. Recreational Resources Impacts The proposed commercial development project is subject to taxes and fees that contribute to the City's General Fund and may be used for the maintenance of public facilities, such as parks and trails. The proposed project is not expected to result, even indirectly, in substantial population growth or associated impacts to recreational resources. Therefore, impacts to recreational resources will be less than significant. Transportation and Traffic Impacts Grading and construction operations will result in temporary increases to vehicle worker trips and truck deliveries. Due to the limited size of the project, impacts from these sources will be less than significant. Upon build out of the proposed project, increased traffic is expected. The project will not directly significantly impact the roadway segments analyzed on Adams Street, Hovley Lane, Miles Avenue, Highway 111 or Avenue 48. The improvements associated with the proposed project will improve levels of service on Fred Waring, east of Washington Street; and on Fred Waring west of Palm Royale. On other segments of Fred Waring Drive, the addition of project traffic will result in levels of service changes from LOS C to LOS D east of Palm Royale, west of Adams Street, and east of Adams Street. Although the LOS level will change, LOS D is acceptable, and impacts on this roadway will therefore be less than significant. On Fred Waring Drive, the proposed project will significantly impact three of the eight roadway segments analyzed, but will contribute less than 2% to these impacts. The City will require the payment of Developer Impact Fees, which will reduce the project's impacts to less than significant levels. Upon build out of the proposed project, addition of project traffic will not significantly impact the intersections analyzed. The addition of project traffic will result in changes 676 Resolution No. 2009- Environmental Assessment 2006.582 Mayer Villa Capri, L.P. Adopted: EXHIBIT "B" in level of service at three intersections, but all these levels of service will remain within acceptable levels as identified in the General Plan. The fire station serving the proposed project is located within one mile of the project site, and the levels of service on Fred Waring are not expected to fall below level of service D west of Adams Street. Therefore, impacts associated with emergency access are expected to be less than significant. The project is designed to provide adequate parking facilities onsite to meet the demand generated by land uses at project build out. Therefore, there will be sufficient parking facilities onsite and impacts to parking will be less than significant. The project will not result in any changes to air traffic patterns and impacts to air traffic will be less than significant during all phases of project development and operation. D. EFFECTS MITIGATABLE TO A LEVEL OF INSIGNIFICANCE Air Quality Impacts The proposed project will result in potentially significant impacts associated with fugitive dust during the grading process. Mitigation measures included in the EIR will reduce these impacts to less than significant levels. These mitigation measures include the limitation of the area to be graded, and the implementation of dust control measures through the City's required Dust Management Plan. During the construction process, emissions associated with construction vehicles, architectural coatings and asphalt paving will exceed SCAQMD thresholds. The impacts associated with the construction vehicles and asphalt paving can be reduced to less than significant levels through the mitigation measures included in the EIR, particular that mitigation measure which prohibits the overlap of construction, architectural coating and asphalt paving activities. The proposed project will generate Greenhouse Gas emissions during the construction and operation phases of development. Mitigation measures are included in the EIR which reduce these emissions to less than significant levels. These mitigation measures include the use of alternative energy and conservation programs, the use of LEED or other Green Building techniques, and the use of energy efficient construction materials to a level greater than the requirements of Title 24 of the Building Code. Resolution No. 2009- Environmental Assessment 2006-582 EXHIBIT "B" Mayer Villa Capri, L.P. Adopted: Findings: 1. Changes, alterations, and other measures have been made in or incorporated into the project which will mitigate these impacts to less than significant levels, including: a. Promote and facilitate alternative energy and conservation programs such as district energy, landfill gas co -generation, water conservation, heat recovery systems, street lighting and employee energy efficiency programs. b. Utilize sustainable building practice such as Leadership in Energy and Environmental Design (LEED) Green Building standards for building construction to the greatest extent possible. c. Unless determined to be an unreasonable hardship by the City Planning Director, all structures shall exceed the minimum standards set forth in the 2007 California Energy Code (Title 24, Part 6) by 20%. If it is determined by the Planning Director that compliance with this measure creates an unreasonable hardship, the measure may be reduced to the highest level determined feasible by the Planning Director but in no case shall it be reduced below the minimum standard set forth by the California Energy Code in effect at the time of building permit submittal. d. No more than 6.25 acres of the project site shall be actively graded in any one day. e. Grading activities shall be completed prior to the initiation of construction activities. No overlap of the two activities shall occur. f. Grading and development permits shall be reviewed and conditioned to require the provision of all reasonably available methods and technologies to assure the minimal emission of pollutants (see Table III-5 in the EIR). The City of La Quinta shall approve grading plans and recommend the use of emission reduction technologies as appropriate prior to initiation of grading. g. As part of the City's grading permit process, the applicant shall submit a dust control plan as required by SCAQMD in compliance with Rule 403 (Fugitive Dust). Mitigation measures to be implemented through this plan G?6 Resolution No. 2009- Environmental Assessment 2006-582 Mayer Villa Capri, L.P. Adopted: EXHIBIT "B" shall include, but not be limited to, the use of water trucks and temporary irrigation systems, post -grading soil stabilization, phased asphalt paving, as well as other measures which will effectively limit fugitive dust emissions resulting from construction or other site disturbance (see Table III-6 in the EIR). h. Project developers and the City shall work to promote and encourage future employees and shoppers to use ride sharing opportunities and public transit to access the site. To reduce PM10 and PM2.5 emissions, the developer and contractor shall implement the following control measures: • chemically stabilize soil where activity will cease for at least four consecutive days; • pave on -site construction access driveways that extend at least 120 feet from roadway into the construction site and clean driveways and roadways at the end of each working day as needed; • chemically stabilize unpaved roads that carry 20 vehicle trips per day or more; • plant tree windbreaks utilizing non-invasive species on the windward perimeter of construction projects, where feasible; • all construction grading operations and earth moving operations shall cease when winds exceed 25 miles per hour or during first and second stage ozone episodes; • maximum equipment and vehicle speed on unpaved roads shall be less than 15 mph; • water site and equipment morning and evening and during all earth - moving operations; • spread soil binders on site, unpaved roads, and parking areas; and • operate street -sweepers on paved roads adjacent to site. To minimize construction equipment emissions, the developer and contractors shall implement the following: • wash off trucks and vehicles leaving the site; • require trucks to maintain two feet of freeboard; • cover loaded trucks with tarpaulins; • properly tune and maintain construction equipment; • use low sulfur fuel for construction equipment; • all access areas shall remain free of dust; and Resolution No. 2009- Environmental Assessment 2006.582 Mayer Villa Capri, L.P. Adopted: EXHIBIT "B" • the use of low emission building materials such as pre -primed and sanded wood molding, wall boards, and trim products shall be considered; k. To reduce construction -related traffic congestion, the developer and contractors shall implement the following: • configure construction parking to minimize traffic interference; • provide a flag person to ensure safety at construction sites, as necessary; • schedule operations affecting roadways for off-peak hours, as practical; • use emission control devices on gasoline and diesel powered equipment; • prohibit idling and other unnecessary operation of equipment; and • minimize traffic flow interference by providing advance public notice of rerouting. To minimize operational source emissions, the developer shall: • install low -polluting and high -efficiency appliances; • install energy -efficient parking lot lighting; • landscape with native and other appropriate drought -resistant species to reduce water consumption and to provide passive solar shading. m. To minimize building energy requirements, the developer shall implement all of the following: • assure the thermal integrity of buildings and reduce the thermal load with automated time clocks or occupant sensors; • use efficient window glazing, wall insulation and ventilation methods; • install Energy Star rated heating and other appliances, such as water heaters, cooking equipment, refrigerators, furnaces and boiler units; • incorporate appropriate passive solar design, including solar heaters, and solar water heaters, to the greatest extent feasible; • use devices that minimize the combustion of fossil fuels; • capture waste heat and re-employ this heat, where feasible. Cultural Resources Impacts The project site is not known to harbor any archaeological or historic resources. Further, the site is located in an area of La Quinta considered to have soils too young to support paleontological resources. There is a possibility that archaeological ,. 680 Resolution No. 2009- Environmental Assessment 2006-582 Mayer Villa Capri, L.P. Adopted: EXHIBIT "B" resources occur on the site below ground. The destruction of these resources represents a potentially significant impact, and requires mitigation. The EIR includes mitigation measures for the monitoring of all trenching, grading and excavation by a qualified archaeologist; the proper analysis and curation of any identified materials; and the submittal of a report to the Community Development Department detailing monitoring activities. These mitigation measures will assure that onsite cultural resources are protected. The implementation of these mitigation measures will reduce impacts associated with cultural resources to less than significant levels. Findings: 1. Changes, alterations, and other measures have been made in or incorporated into the project which will mitigate these impacts to less than significant levels, including: a. The site shall be monitored during on- and off -site trenching and rough grading by qualified archaeological monitors, including a Native -American. Proof of retention of monitors shall be given to the City prior to issuance of the first earth -moving or clearing permit. The monitor shall be empowered to temporarily halt or divert equipment to allow for City notification and analysis. b. The final report on the monitoring shall be submitted to the Community Development Department prior to the issuance of a Certificate of Occupancy for the project. c. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first Certificate of Occupancy for the property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. d. The conditions of approval recommended by the La Quinta Historic Preservation Commission on December 6, 2007 shall be included in the submitted Phase I historical/archaeological report prior to issuance of the first permit requiring monitoring. Resolution No. 2009- Environmental Assessment 2006-582 Mayer Villa Capri, L.P. Adopted: EXHIBIT "B" e. If prehistoric or historic resources are discovered during monitoring or the subsequent construction phase, the Community Development Department shall be notified immediately. Geology and Soils Impacts Although the project site does not contain any known active or potentially active faults, it is located in close proximity to the San Andreas and San Jacinto Fault Zones, and has the potential to be impacted by strong seismic groundshaking. Through the City's review process, the project will be subject to measures set forth in the most recent California Building Code and the seismic design parameters of the Structural Engineers' Association of California, which have been adopted by the City and provide stringent building code requirements for seismically active areas. Given the composition of on -site soils, strong ground motions or saturation could induce differential settlement, thereby resulting in damage to structures and foundations. Proper construction techniques, including over excavation and soil compaction, will reduce potential impacts associated with soil settlement to less than significant levels. The property is located in an area subject to high winds and soils on -site are considered highly erodible. Acquisition of a grading permit, which includes a soil erosion prevention plan, will assure that blowing dust and sand during grading operations is minimized through adequate watering, soil stabilization treatment, and other approved measures. This will assure that impacts of soil erosion from high wind events are reduced to less than significant levels. Findings: 1. Changes, alterations, and other measures have been made in or incorporated into the project which will mitigate these impacts to less than significant levels, including: a. All structural design shall be in accordance with the most recent edition of the Building Code, including California amendments and the seismic design parameters of the Structural Engineer's Association of California. b. During site grading, all existing vegetation and debris shall be removed from areas that are to receive compacted fill. Any trees to be removed •• 63? Resolution No. 2009- Environmental Assessment 2006-582 Mayer Villa Capri, L.P. Adopted: EXHIBIT "B" shall have a minimum of 95% of the root systems extracted. Man-made objects shall be over excavated and exported from the site. Removal of unsuitable materials may require excavation to depths ranging from 2 to 4 feet or more below the existing site grade. c. All fill soil, whether excavated on -site or imported, shall be approved by the project soils engineer prior to placement as compaction fill. All fill soil shall be free from vegetation, organic material, cobbles and boulders greater than 6 inches in diameter, and other debris. Approved soil shall be placed in horizontal lifts of appropriate thickness as prescribed by the soils engineer and watered or aerated as necessary to obtain near - optimum moisture content. d. Fill materials shall be completely and uniformly compacted to not less than 90% of the laboratory maximum density as determined by ASTM test method D-1557-78. The soils engineer shall observe the placement of fill and take sufficient tests to verify the moisture content, uniformity, and degree of compaction obtained. In -place soil density should be determined by the sand -cone method, in accordance with ASTM Test Method D-1556-64 (74), or equivalent test method acceptable as approved by the City Building and Safety Department. e. Finish cut slopes generally shall not be inclined steeper than 2:1 (horizontal to vertical). All cut slopes must be inspected during grading to provide additional recommendations for safe construction. f. Finish fill slopes shall not be included steeper than 2:1 (horizontal to vertical). Fill slope surfaces shall be compacted to 90% of the laboratory maximum density by either over -filling and cutting back to expose a compacted core or by approved mechanical methods. g. Retaining walls shall be constructed to adopted building code standards and inspected by the City building inspector. An adequate sub -drain system shall be constructed behind and at the base of all retaining walls to allow for adequate drainage and to prevent excessive hydrostatic pressure. h. For the support of one and two-story structures, foundations systems that utilize continuous footings or isolated pad footings shall be used. Resolution No. 2009- Environmental Assessment 2006-582 Mayer Villa Capri, L.P. Adopted: EXHIBIT "B" Positive site drainage shall be established during finish grading. Finish lot grading shall include a minimum positive gradient of 2% away from structures for a minimum distance of three (3) feet and a minimum gradient of 1 % to the street or other approved drainage course. j. Utility trench excavations in slope areas or within the zone of influence of structures shall be properly backfilled in accordance with the following: i. Pipes shall be bedded with a minimum of 6 inches of pea gravel or approved granular soil. Similar material shall be used to provide a cover of at least 1 foot over the pipe. This backfill shall then be uniformly compacted by mechanical means or jetted to a firm and unyielding condition. ii. Remaining backfill may be fine-grained soil. It shall be placed in lifts not exceeding 6 inches in thickness or as determined appropriate, watered or aerated to near optimum moisture content, and mechanically compacted to a minimum of 90% of the laboratory maximum density. iii. Pipes in trenches within 5 feet of the top of slopes or on the face of slopes shall be bedded and backfilled with pea gravel or approved granular soils as described above. The remainder of the trench backfill shall comprise typical on -site fill soil mechanically compacted as described in item 12.b. Noise Impacts Construction noise will result in short-term, but occasionally intrusive impacts. The noise study prepared for the project estimated that the worst -case noise level generated by combinations of construction equipment would be 91 dBA at a distance of 50 feet. Construction noise lessens with distance, with an approximate 6 dBA reduction in noise levels with each doubling of distance from the noise source. The closest residences are located about 100 feet from the project site, to the east. Construction activities on the project site would result in short term noise levels of 85 dBA at these residences. Noise levels at the middle school to the north, and the residences to the south would be expected to be approximately 79 dBA. Finally, noise levels at the church building located on the west side of Washington Street, southwest of the project site, could reach 73 dBA. Mitigation measures are included in the EIR to reduce construction impacts to less than significant levels. These include: a requirement that all construction equipment .. rat Resolution No. 2009- Environmental Assessment 2006-582 Mayer Villa Capri, L.P. Adopted: EXHIBIT "B" operating on the project site be fitted with well -maintained, functional mufflers to limit noise emissions; a requirement to place stationary equipment as far from the school and residences as possible; and, to the greatest extent feasible, staging areas shall be located away from nearby existing residences and the school. Findings: 1. Changes, alterations, and other measures have been made in or incorporated into the project which will mitigate these impacts to less than significant levels, including: a. The project contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with the manufacturer's standards. b. The project contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors. c. The project contractor shall located equipment staging in areas that will create the greatest distance between construction -related noise sources and sensitive receptors. d. All construction activities shall be limited to those hours prescribed in the Municipal Code, with the exception of emergencies. Transportation and Traffic Impacts The proposed project will contribute to the incremental increase of traffic on surrounding roadways. The impacts have the potential to be significant at the intersection of Palm Royale and Fred Waring. However, the EIR includes mitigation measures which will require the striping. of a southbound left turn lane, and participation on a fair share basis in the installation of a traffic signal at this intersection. These mitigation measures will reduce impacts at this intersection to less than significant levels. Impacts associated with access to the project site have the potential to be significant, insofar as the proposed project requires the inclusion of deceleration lanes on Fred Waring Drive and Washington Street. The EIR includes mitigation measures requiring these lanes at specified lengths, so as to assure safe ingress into the project site. J Resolution No. 2009- Environmental Assessment 2006-582 Mayer Villa Capri, L.P. Adopted: EXHIBIT "B" These mitigation measures will reduce impacts associated with design features to less than significant levels. Findings: 1. Changes, alterations, and other measures have been made in or incorporated into the project which will mitigate these impacts to less than significant levels, including: a. A raised median shall be provided on Washington Street, for the entire length of the project boundary, which allows left turns into Access B, but prohibits left turns out of Access B, or left turns from Calle las Brisas, consistent with Figure 6-1 of the traffic impact analysis. The median shall include a left turn bay at Access B of at least 150 feet in length. b. The existing northbound left turn bay on Washington Street at the intersection of Calle Las Brisas will be removed, and replaced with a raised median, and extended southbound left turn lane queuing length to 450 feet, consistent with the recommendations of the traffic impact analysis. c. A raised median shall be provided on Fred Waring Drive, for the entire length of the project boundary, which allows left turns into Access D, but prohibits left turns out of Access D, consistent with Figure 6-1 of the traffic impact analysis. The median shall include a left turn bay at Access D of 175 feet in length. d. A minimum 248 foot long deceleration lane shall be installed on -site at Access B. e. A minimum 175 foot long deceleration lane shall be installed on -site at Access C. f. A minimum 100 foot long painted northbound left turn bay shall be provided on Palm Royale Drive at Rome Drive. g. A minimum 100 foot long painted southbound left turn bay shall be provided on Palm Royale Drive at Rome Drive. 636 Resolution No. 2009- Environmental Assessment 2006-582 Mayer Villa Capri, L.P. Adopted: EXHIBIT "B" h. A painted southbound left turn deceleration lane shall be provided on Palm Royale Drive at Fred Waring Drive. i. The applicant shall contribute his fair share to the installation of a traffic signal at Palm Royale Drive and Fred Waring Drive, including the provision of east -west left turn phasing and signal interconnection, consistent with Table 7-4 of the traffic impact analysis. j. The applicant shall contribute his fair share to improvements to the intersections of Washington Street and Hovley; Washington Street and Fred Waring; Adams Street and Fred Waring; and Washington Street and Miles, consistent with Table 7-4 of the traffic impact analysis. k. The proposed project shall dedicate appropriate right of way and improve Washington Street, Fred Waring Drive and Palm Royale Drive to their ultimate half width, including curb, gutter, sidewalk and landscaped parkway, along the entire frontage of these roadways on the project site. E. SIGNIFICANT UNAVOIDABLE ENVIRONMENTAL IMPACTS Air Quality Impacts The proposed project will generate significant impacts to air quality during the grading and construction phase of the project as a result of mobile emissions from motor vehicle activity, stationary source emissions from the operation of grading equipment, and off-gasing from architectural coatings. During site grading, one threshold criteria pollutant, nitrogen oxide, is expected to exceed the SCAQMD threshold by 70.56 pounds per day. For the building and construction phase of the project, two threshold criteria pollutants, nitrogen oxide and reactive organic gases, will exceed the SCAQMD threshold by 21.04 and 210.27 pounds per day, respectively. Findings: 1. The City of La Quinta hereby finds that impacts from nitrogen oxide and reactive organic gas emissions constitute a significant unavoidable impact to air quality. Even with the implementation of mitigation measures, air quality impacts associated with nitrogen oxides will exceed SCAQMD thresholds during grading; and emissions associated with reactive organic gases will exceed Resolution No. 2009- Environmental Assessment 2006-582 Mayer Villa Capri, L.P. Adopted: EXHIBIT "B" thresholds during the architectural coating phase of construction. All reasonable and feasible mitigation measures that can substantially reduce impacts have been included in the EIR. No other feasible mitigation measures are available to further reduce emissions from grading and construction activities. The City of La Quinta finds that the remaining unavoidable significant effects are acceptable based on the inclusion of mitigation, the short duration of the impacts, the overall inability to mitigate the impacts despite inclusion of mitigation, the benefits associated with the proposed project, objectives established for the proposed project, and specific overriding considerations described in the Statement of Overriding Considerations. Transportation and Traffic Impacts The project would generate 8,130 adjusted total trips at build out of the Villa Capri project, with 469 of these occurring in the morning peak hour, and 832 occurring in the evening peak hour. A number of mitigation measures are included to reduce impacts associated with the proposed project. However, in 2010 and 2020 impacts associated with the proposed project, in conjunction with the existing traffic volumes and anticipated future traffic volumes from other projects, will result in unmitigatable impacts to area roadway segments and intersections. These impacts are due to the inability of the project or the City to widen affected roadways to the necessary widths required to accommodate traffic levels. Roadway segments along Washington Street have been identified as exceeding average daily traffic (ADT) capacities with and without project development by 2010. The project will reduce the level of service from E to F at three segments: 1. south of Avenue of the States, 2. north and south of Fred Waring, and 3. north of Miles Avenue. By 2020, the proposed project will reduce level of service on that segment of Washington Street north of Avenue of the States from E to F as a result of project development. By 2020 all other segments along Washington Street would exceed acceptable LOS regardless of project development. The project will result in significant and unavoidable impacts to 16 and 17 of the 18 roadway segments for 2010 and 2020, respectively, since ADT increases by more than 100 trips on these segments that operate below an acceptable LOS. .. 6 3 6 Resolution No. 2009- Environmental Assessment 2006.582 Mayer Villa Capri, L.P. Adopted: EXHIBIT "B" Without the implementation of mitigation measures, the proposed project will have significant impacts on the following intersections upon project build out, in 2010: 1. Washington Street at Hovley Lane 2. Washington Street at Fred Waring Drive 3. Palm Royale Drive at Fred Waring Drive 4. Adams Street at Fred Waring Drive 5. Washington Street at Miles Avenue 6. Washington Street at Highway 111 7. Washington Street at Avenue 48 Improvements required of the project at the intersections of Washington Street and Fred Waring Drive, and at the intersection of Palm Royale Drive and Fred Waring Drive, will reduce the impacts to less than significant levels. However, improvements at the other five listed intersections are infeasible, and impacts will remain significant. Findings: 1. The City of la Quinta hereby finds that the Villa Capri project will result in significant and unavoidable impacts to traffic volumes, which will adversely affect level of service for area roadways. The following mitigation measures would be required, but have been determined to be infeasible: a. Add a second northbound left turn lane at Washington Street and Hovley Lane. b. Change the existing westbound right turn lane into a shared through/right lane at Adams Street and Fred Waring Drive. c. Add a second southbound left turn lane at Washington Street and Miles Avenue. d. Add a third northbound left turn lane and third southbound left turn lane at Washington Street and Highway 111. e. Add a second southbound left turn lane at Washington Street and Avenue 48. No feasible mitigation measures are available to mitigate this impact, insofar as right of way is not controlled by any of the affected jurisdictions; structures and project improvements have been constructed; and the cities of La Quinta, Palm Desert and Indian Wells have no capital improvement plans in place to acquire right of way or provide improvements. Further, these impacts will result with or without the proposed project, and are a 633 Resolution No. 2009- Environmental Assessment 2006-582 Mayer Villa Capri, L.P. Adopted: EXHIBIT "B" result of anticipated growth in traffic volumes from the existing volumes, anticipated future growth, anticipated future projects and the proposed project. The City of La Quinta finds that these unavoidable significant impacts are acceptable based on the overall inability to mitigate the impacts despite inclusion of mitigation, the benefits associated with the proposed project, objectives established for the proposed project, and specific overriding considerations described in the Statement of Overriding Considerations. 2. The City of La Quinta hereby finds that the improvements required to maintain General Plan designated levels of service have been determined to be infeasible. Roadway widening to 8 lanes by 2010 on Washington Street, from Hovley Lane to Avenue 48, on Fred Waring west of Washington, and on Highway 111 east of Washington would be required, with or without the proposed project, to maintain acceptable levels of service on these roadways. In addition, roadway widening to 10 lanes by 2020 on Washington Street, south of Avenue 48, would be required, with or without the proposed project, to maintain acceptable levels of service on this roadway. No feasible mitigation measures are available to mitigate this impact, insofar as right of ways have not been secured by any of the affected jurisdictions, and structures and other improvements occur all along these roadways; and the cities of La Quinta, Palm Desert and Indian Wells have no capital improvement plans in place to acquire right of way or provide improvements. The City of La Quinta finds that the unavoidable significant impacts are acceptable based on the overall inability to mitigate the impacts despite inclusion of mitigation, the benefits associated with the proposed project, objectives established for the proposed project, and specific overriding considerations described in the Statement of Overriding Considerations. 3. The City of La Quinta hereby finds that most of the identified impacts are associated with projected growth in background traffic through the 2020 period. Most significant environmental effects that can be feasibly avoided have been reduced by virtue of mitigation measures in the EIR. The remaining unavoidable significant effects are acceptable when balanced against the facts set forth in the Statement of Overriding Considerations. In addition, impacts to transportation and traffic from the proposed project are considered significant only on a cumulative basis in association with other projects occurring on a local and regional scale. The City of La Quinta finds 690 Resolution No. 2009- Environmental Assessment 2006-582 Mayer Villa Capri, L.P. Adopted: EXHIBIT "B" that the unavoidable significant impacts are acceptable based on the overall inability to mitigate the impacts despite inclusion of mitigation, the cumulative nature of the impacts, the benefits associated with the proposed project, objectives established for the proposed project, and specific overriding considerations described in the Statement of Overriding Considerations. RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PLANS FOR A COMMERCIAL COMPLEX AND A MEDICAL OFFICE COMPLEX LOCATED ON THE NORTH SIDE OF FRED WARING DRIVE BETWEEN WASHINGTON STREET AND PALM ROYALE DRIVE CASE NO.: SITE DEVELOPMENT PERMIT 2006-875 APPLICANT: MAYER VILLA CAPRI, L.P. WHEREAS, the City Council of the City of La Quinta, California, did on the 17" day of March, 2009, hold a duly -noticed Public Hearing to consider the request of MAYER VILLA CAPRI, L.P. for approval of a 104,000± square foot retail complex and 130,450± square foot medical office complex on 25+ acres located on the north side of Fred Waring Drive between Washington Street and Palm Royale Drive more particularly described as: APN'S 609-070-053 AND -054 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 24t'day of February, 2009, hold a duly -noticed Public Hearing on this request and by adoption of Resolution 2009-006, did recommend approval of Site Development Permit 2006-875, subject to Conditions; and, WHEREAS, said Site Development Permit has been filed concurrently with a Conditional Use Permit and Tentative Parcel Map and in whole represents the development permit application for the project as contemplated; and, WHEREAS, the Department has prepared a Final Environmental Impact Report ("Final EIR"), State Clearinghouse #2007121009 in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970 as amended. The Final EIR was presented to the La Quinta City Council, which reviewed and considered the information contained in the Final EIR, as well as all testimony presented at the public hearing, and has adopted a Resolution certifying that the Final EIR prepared for this application is recognized as adequate and complete, recognizing the overriding considerations to certain significant environmental impacts, and, recognizing the significant environmental effects which cannot be avoided, but can be reasonably and substantially mitigated if the proposed project is implemented; and WHEREAS, the Planning Department did publish a public hearing notice in the Desert Sun newspaper on March 6, 2009 for the City Council hearing, and on the 131" day of February, 2009 for the Planning Commission hearing, as 69? P:\reports-cc\2009\3-17-09\mayer villa Capri\sdp cc reso rec.doc Resolution No. 2009- Site Development Permit 2006-875 Mayer Villa Capri, L.P. Adopted: prescribed by the Municipal Code, with public hearing notices mailed to all property owners within 500 feet of the property in question; and, WHEREAS, the Historic Preservation Commission, at their meeting held on the 6th, day of December, 2007, reviewed the archaeological resources survey associated with the applications, and adopted a Minute Motion recommending approval of the survey to the City Council, subject to staff - recommended conditions; and WHEREAS, the La Quinta Architecture and Landscaping Review Committee, at their meeting on the 7`" day of March, 2007 reviewed the development plans associated with Site Development Permit 2006-875, and adopted a Minute Motion recommending approval to the City Council, subject to staff -recommended conditions; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the City Council did make the following mandatory findings to justify approval of the Site Development Permit: 1. Site Development Permit 2006-875 is consistent with the La Quinta General Plan, in that the project site is designated as Community Commercial (CC) which permits and anticipates the retail and office uses as proposed. The commercial uses will therefore help achieve the goal and permitted uses of the CC designation. 2. Site Development Permit 2006-875 is consistent with the La Quinta Zoning Code in that it proposes commercial uses permitted under the Community Commercial (CC) zoning designation. The project's proposed uses are consistent with the uses identified in the CC district and have been designed or are conditioned to comply with the development standards of the CC district and other Zoning Code requirements such as parking, setbacks, building heights, and landscaping. 3. Processing and approval of Site Development Permit 2006-875 is in compliance with the requirements of the California Environmental Quality Act. The La Quinta Planning Department has prepared a Final Environmental Impact Report SCH #2007121009 (Final EIR) for the Project, which includes Site Development Permit 2006-875, in compliance with the requirements of the California Environmental Quality Act of 1970. The Final EIR was presented to the City Council, who reviewed and considered the information contained in said Final EIR prior to their action on this application. Gin Resolution No. 2009- Site Development Permit 2006-875 Mayer Villa Capri, L.P. Adopted: 4. The architectural design of Site Development Permit 2006-875, including, but not limited to the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements, are compatible with surrounding development and with the quality of design prevalent in the City. The project architecture is internally consistent in architectural design and materials used throughout the project site. 5. The site design of Site Development Permit 2006-875, including, but not limited to project entries, interior circulation, pedestrian amenities, and other site design elements will be compatible with surrounding development and with the quality of design prevalent in the City. 6. Site Development Permit 2006-875 landscaping, including but not limited to the location, type, size, color, texture, and coverage of plant materials is designed and conditioned so as to provide relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, and provide a harmonious transition between adjacent land uses. The project will serve to establish an overall unifying influence, enhance the visual continuity of the project, complement the surrounding project area and comply with City and Coachella Valley Water District water efficiency requirements, ensuring efficient water use. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the Findings of the City Council in this case; 2. That it does hereby approve Site Development Permit 2006-875, as referenced in the title of this Resolution, for the reasons set forth in this Resolution, and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on this the 17`" day of March, 2009, by the following vote, to wit: 694 Resolution No. 2009- Site Development Permit 2006-875 Mayer Villa Capri, L.P. Adopted: AYES: NOES: ABSENT: ABSTAIN: Don Adolph, Mayor City of La Quinta, California ATTEST: Veronica J. Montecino, CMC, City Clerk City of La Quinta, California (Seal) APPROVED AS TO FORM: M. Katherine Jenson, City Attorney 69a RESOLUTION NO. 2009- SITE DEVELOPMENT PERMIT 2006-875 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL — RECOMMENDED ADOPTED: GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Site Development Permit is valid for two years, unless an extension is applied for and granted by the Planning Commission pursuant to Section 9.200.080 of the La Quinta Municipal Code. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) • Planning Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • Sun Line Transit Agency • South Coast Air Quality Management District Coachella Valley The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof•of such approvals when submitting those improvements plans for City approval. 6 `) 6 RESOLUTION NO. 2009- SITE DEVELOPMENT PERMIT 2006-875 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL — RECOMMENDED ADOPTED: Page Page 2 of 29 A project -specific NPDES construction permit must be obtained by the applicant; and who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOl"), prior to the issuance of a grading or site construction permit by the City. 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board — Colorado River Basin Region Board Order No. R7-2008-0001 and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the applicant shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 697 RESOLUTION NO.2009- SITE DEVELOPMENT PERMIT 2006-875 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: Page Page 3 of 29 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. Additionally, the applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board - Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2008-001. G. For post -construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board - Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2008-001. H. The applicant shall implement the WQMP Design Standards per (CRWQCB-CRB) Region Board Order No. 137-2008-001 utilizing BMPs approved by the City Engineer. 5. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 6. Approval of this Site Development Permit shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. PROPERTY RIGHTS 7. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper RESOLUTION NO. 2009- SITE DEVELOPMENT PERMIT 2006-875 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: Page Page 4 of 29 functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. Pursuant to the aforementioned, the applicant shall submit an "AUTHORIZATION TO REMOVE GRAFFITI FROM PRIVATE PROPERTY" form located at the Public Works Department Counter prior to Certificate of Occupancy. 8. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities of the master development. 9. The applicant shall offer for dedication on the Final Map all public street rights - of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 10. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Washington Street (Major Arterial, 120' ROW) — The standard 60 feet from the centerline of Washington Street for a total 120-foot ultimate developed right of way except an additional variable right of way dedication on Washington Street: a) at the intersection of Fred Waring Drive to provide for three southbound through lanes (existing), a dual southbound left turn lanes to eastbound Fred Waring Drive (existing), a three foot wide raised median, three northbound lanes consisting of a 13-foot wide inside lane, a 12-foot wide middle lane, a 13-foot wide curb lane and a 9-foot wide parkway as RESOLUTION NO. 2009- SITE DEVELOPMENT PERMIT 2006-875 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: Page Page 5 of 29 approved by the City Engineer, and b) a 12-foot deceleration/right turn only lane at the Southerly Entry to extend south toward the intersection of Fred Waring Drive to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS and as approved by the City Engineer. Pursuant to the aforementioned conditions, the applicant or his design professional shall properly align said improvements with existing laneage to the south of the Washington Street and Fred Waring Drive intersection as required by the City Engineer. 2) Fred Waring Drive (Major Arterial, 120' ROW) - The standard 60 feet from the centerline of Fred Waring Drive for a total 120-foot ultimate developed right of way except an additional variable right of way dedication on Fred Waring Drive: a) at the intersection of Washington Street to provide for a 12- foot parkway, 12-foot deceleration/right turn only lane, three westbound through lanes, a dual westbound left turn lanes to southbound Washington Street, and a raised median as approved by the City Engineer. The proposed right of way shall be measured 75 feet north of the centerline of Fred Waring Drive as shown on the approved Site Plan for this Site Development Permit and as approved by the City Engineer. b) for a deceleration/right turn only lane at the westerly most driveway on Fred Waring Drive to provide measured 87 feet north of the centerline of Fred Waring Drive for a length of 248 feet plus storage length and a transition taper of an additional 150 feet (or length as approved by the City Engineer) to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. c) for a deceleration/right turn only lane at the easterly most driveway on Fred Waring Drive as approved by the City Engineer. 7 _) 0 RESOLUTION NO.2009- SITE DEVELOPMENT PERMIT 2006-875 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL — RECOMMENDED ADOPTED: Page Page 6 of 29 3) Palm Royale Drive (Pursuant to Parcel Map No. 27131 - Collector Street, 72' ROW) — Street right of way has been dedicated with recorded Parcel Map 27131. No additional right of way is required to comply with General Plan street widths, except an additional variable right of way dedication 1) at the northerly limits of the Parcel Map of 44 feet from the centerline to align with Palm Royale Drive right-of-way at the Desert Sands Unified School District boundary and to transition as required to 36 feet from the centerline at the Rome Drive intersection and 2) on Palm Royale Drive at the Fred Waring Drive intersection measured 42 feet west of the centerline to accommodate one left turn lane, one through lane and one right turn lane and as conditioned under STREET AND TRAFFIC IMPROVEMENTS. 11. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. Pursuant to this requirement, the Applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement 12. When the City Engineer determines that access rights to the proposed street rights -of -way shown on the approved Site Development Permit prior to approval of grading, dedicating such rights -of -way, the applicant shall grant the necessary rights -of -way within 60 days of a written request by the City. 13. The applicant shall offer for dedication a ten -foot wide public utility easement contiguous with, and along both sides of all public streets. Additional on -site utility easements shall be dedicated for this Site Development Permit approval as required by the utility purveyors. 14. The applicant shall create perimeter landscaping setbacks along all public rights - of -way as follows: RESOLUTION NO. 2009- SITE DEVELOPMENT PERMIT 2006-875 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL — RECOMMENDED ADOPTED: Page Page 7 of 29 A. Washington Street and Fred Waring Drive (Major Arterial) - 20-foot from the R/W-P/L. B. Palm Royale Drive (Collector Street) - 10-foot from the R/W-P/L. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 15. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the associated Final Map. 16. Direct vehicular access to Washington Street, Fred Waring Drive and Palm Royale Drive from lots with frontage along Washington Street, Fred Waring Drive and Palm Royale Drive is restricted, except for those access points identified on the Site Plan, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final parcel map. 17. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. STREET AND TRAFFIC IMPROVEMENTS 18. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Washington Street (Major Arterial; 120' R/W): Widen the east side of the street along all frontage adjacent to the Site Development Permit boundary to its ultimate width on the east side as specified in the General Plan and the requirements of these conditions. The east curb face shall be located fifty one feet (51') east of the .. 732 RESOLUTION NO. 2009- SITE DEVELOPMENT PERMIT 2006-875 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: Page Page 8 of 29 centerline, except at locations where additional street width is needed to accommodate: a) at the intersection of Fred Waring Drive to provide for three southbound through lanes (existing), a dual southbound left turn lanes to eastbound Fred Waring Drive (existing), a raised median, three northbound lanes consisting of a 13- foot wide inside lane, an 12-foot wide middle lane, a 13- foot wide curb lane and a 9-foot wide parkway as approved by the City Engineer, and b) a 12-foot deceleration/right turn only lane at the Southerly Entry to extend south toward the intersection of Fred Waring Drive and as approved by the City Engineer. Pursuant to the aforementioned conditions, the applicant shall submit plans and construct improvements south of Fred Waring Drive to align with and safely transition to the improvements in a) and b) above as required by the City Engineer. Other required improvements in the Washington Street right-of-way and/or adjacent landscape setback area include: c) All appurtenant components such as, but not limited to curb, gutter, traffic control striping, legends, and signs, d) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. Said sidewalk shall be separated from curb a minimum distance of 1 foot. .. 7 0 RESOLUTION NO. 2009- SITE DEVELOPMENT PERMIT 2006-875 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: Page Page 9 of 29 e) Reconstruct the existing 14 - foot wide raised landscaped median at the Primary Access Drive Aisle on Washington Street to provide for left turn movement into the Primary Access Driveway while restricting left turn movement out of the Primary Access Driveway and left turn movement out of Calle Las Brisas on the westerly side of Washington Street as approved by the City Engineer. f) Design and construct traffic signal interconnect improvements along the project frontage to include conduit, pull boxes and other appurtenances for the interconnection of the traffic signals. g) Establish a benchmark in the Washington Street right of way and file a record of the benchmark with the County of Riverside. h) Relocate the SunLine Transit Agency Bus Stop and Shelter as required to incorporate the SunLine Transit Agency requirements within the proposed deceleration lane. The applicant shall extend improvements beyond the property boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 2) Fred Waring Drive (Major Arterial; 120' R/W): Widen the north side of Fred Waring Drive along all frontages adjacent to the Site Development Permit boundary to its ultimate width on the north side as specified in the General Plan and the requirements of these conditions. The north curb face shall be located fifty one feet (51') north of the centerline, except at locations where additional street width is needed to accommodate: a► at the intersection of Washington Street to provide for a 12- foot parkway, 12-foot deceleration/right turn only lane, three westbound through lanes, a dual westbound left turn lanes to southbound Washington Street, and a raised median as approved by the City Engineer. The proposed 134 RESOLUTION NO. 2009- SITE DEVELOPMENT PERMIT 2006-875 MAVER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL — RECOMMENDED ADOPTED: Page Page 10 of 29 right of way shall be measured 75 feet north of the centerline of Fred Waring Drive as shown on the approved Site Plan for this Site Development Permit and as approved by the City Engineer. b) for a deceleration/right turn only lane at the westerly most driveway on Fred Waring Drive to provide measured 87 feet north of the centerline of Fred Waring Drive for a length of 248 feet plus storage length and a transition taper of an additional 150 feet or length as approved by the City Engineer. c) For a deceleration/right turn only lane at the easterly most driveway on Fred Waring Drive to the satisfaction of the City Engineer. Other required improvements in the Fred Waring Drive right-of-way and/or adjacent landscape setback area include: d) All appurtenant components such as, but not limited to curb, gutter, traffic control striping, legends, and signs, e) An 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. Said sidewalk shall be separated from curb a minimum distance of 1 foot. f) A 14 - foot wide raised landscaped median along the entire boundary of the Site Development Permit plus variable width as needed to accommodate 1) a raised median for the dual left turn pockets for the eastbound traffic of Fred Waring Drive to southbound Washington Street and left turn 70 RESOLUTION NO.2009- SITE DEVELOPMENT PERMIT 2006-875 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: Page Page 11 of 29 in movements at Palm Royale Drive. g) Reconstruct the raised median at the shared drive aisle at Parcels 5 and 10 for a left turn deceleration lane with a left turn out restrictor for a length and taper up to the dual left turn lanes at the Fred Waring Drive and Washington Street intersection as approved by the City Engineer. h) Modification of the existing traffic signal at the Washington Street and Fred Waring Drive intersection as required by the abovementioned improvements and as approved by the City Engineer and the City of Palm Desert. Applicant shall submit plans and fees required for the City of Palm Desert concurrent approval. i) Class II Bike Lane as approved by the City Engineer. 3) Palm Royale Drive (Pursuant to Parcel Map No. 27131 - Collector Street, 72' ROW): Widen the west side of the street along all frontage adjacent to the Site Development Permit boundary to its ultimate width on the west side as specified in the General Plan and the requirements of these conditions. The west curb face shall be located twenty four feet (24') west of the centerline, except at locations where additional street width is needed to accommodate: a1 Transitional street width required from 32 feet at the northerly boundary adjacent to the Colonel Mitchell Page Middle School to 24 feet at Rome Drive as approved by the City Engineer. b) A deceleration/right turn only lane on Palm Royale at the Fred Waring Drive intersection. The west curb face shall be located thirty two (32') west of the centerline and length to be as approved by the City Engineer to extend from the Access Drive across Rome Drive to Fred Waring Drive. to accommodate one left turn lane, one through lane and one right turn lane, Other required improvements in the Palm Royale Drive right-of-way r 710 RESOLUTION NO. 2009- SITE DEVELOPMENT PERMIT 2006-875 MAVER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL — RECOMMENDED ADOPTED: Page Page 12 of 29 and/or adjacent landscape setback area include: c) All appurtenant components such as, but not limited to curb, gutter, traffic control striping, legends, and signs, d) 6-foot wide sidewalk with a planter next to the curb. e) Class II Bike Lane to connect with the existing Bike Lane to the north and as required by the City Engineer. f) The applicant is responsible for 25 % share of the cost to design and install the traffic signal at the intersection of Palm Royale Drive and Fred Waring Drive to be installed by the City of La Quinta with the CIP 2007-06 Project. Additionally, the applicant is responsible to design and construct all traffic signal interconnect equipment including pull boxes, conduit and other appurtenances along the project frontage for the interconnection of this traffic signal with the existing traffic signal at the Washington Street and Fred Waring Drive intersection. g) The applicant shall install interconnect/loop conduits as required. The applicant shall extend improvements beyond the parcel map boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 19. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Collector 4.0" a.c /5.0" c.a.b. Major Arterial 5.5" a.c./6.5" c.a.b. or the approved equivalents of alternate materials. 20. The applicant shall submit current mix designs (less than two years old at the TO RESOLUTION NO. 2009- SITE DEVELOPMENT PERMIT 2006-875 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: Page Page 13 of 29 time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 21. General access points and turning movements of traffic are limited to the following: A. Washington Street 1) Primary Access Drive (between Parcel 1 and 2): Right turn movements in and out and left turn movements in are permitted. Left turn movement out is prohibited. 2) Secondary Access Drive (northerly end of Site Development Permit): Right turn movements in and out are permitted. Left turn movements in and out are prohibited. B. Fred Waring Drive 1) Service Access Drive: Right turn movements in and out and left turn movements in are permitted. Left turn movements out are prohibited. 2) Westerly most driveway: Right turn movements in and out turn movements are permitted. Left turn movements in and out are prohibited. 3) Secondary most easterly Access Drive: Right turn movements in and out are permitted. Left turn movements in and out are prohibited. C. Palm Royale Drive 11 Access Drive across Rome Drive: Full turn movements are permitted. 22. Improvements shall include appurtenances such as traffic control signs, 7 J 8 RESOLUTION NO. 2009- SITE DEVELOPMENT PERMIT 2006-875 MAVER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL — RECOMMENDED ADOPTED: Page Page 14 of 29 markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 23. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. PARKING LOTS and ACCESS POINTS 24. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking). In particular, the following are conditioned with this approval. A. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. B. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to better evaluate ADA accessibility issues. D. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length for standard parking stalls and 18 feet for handicapped parking stall or as approved by the City Engineer. E. Drive aisles between parking stalls shall be a minimum of 26 feet with egress drive aisles a minimum of 30 feet or as approved by the City Engineer. F. Drive-thru aisles shall be a minimum of 12 feet along straight away portions and increased to a minimum 14 feet at bends Ito accommodate turning movements). The minimum dimensions shall be paved roadway surface. Additionally for the drive-thru proposed at Building 10, a seven - car minimum stacking capacity is required from the order window to the drive-thru entrance off of the east -west drive aisle or as approved by the City Engineer. Additionally, the applicant shall construct signage and pavement markings to prevent vehicles blocking this east -west drive aisle as approved by the City Engineer. �`i RESOLUTION NO.2009- SITE DEVELOPMENT PERMIT 2006-875 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: Page Page 15 of 29 Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. Site Plan dated January 14, 2009 requires additional revisions based on Public Works Department plan review of said Site Plan. 25. General access points and turning movements of traffic to off site public streets are limited to the access locations approved for Parcel Map No. 35088 and these conditions of approval. 26. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (High Traffic) 4.5" a.c./5.5" c.a.b. Loading Areas 6" P.C.C./4" c.a.b. or the approved equivalents of alternate materials. 27. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 28. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 29. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 710 RESOLUTION NO. 2009- SITE DEVELOPMENT PERMIT 2006-875 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: Page Page 16 of 29 30. The applicant is required to eliminate parking stalls along the main entry drive aisle along the Primary Entry off of Washington Street up to Building 5 as shown on the Site Plan dated January 14, 2009 and as approved by the City Engineer. 31. The applicant is required to redesign the parking lot layout between Buildings 4 and 5 as required by the City Engineer. 32. The applicant is required to address the westerly edge of the westerly parking stalls adjacent to Office Building 11 as approved by the City Engineer. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 33. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 34. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. ,Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan 1 " = 40' Horizontal B. PM10 Plan 1" = 40' Horizontal C. SWPPP 1" = 40' Horizontal D. WQMP (Plan submitted in Report Form) NOTE: A through D to be submitted concurrently. E. Off -Site Street Improvement/Storm Drain Plan 711 RESOLUTION NO. 2009- SITE DEVELOPMENT PERMIT 2006-875 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: Page Page 17 of 29 1 " = 40' Horizontal, 1 " = 4' Vertical F. Off -Site Signing & Striping Plan 1 " = 40' Horizontal G. Washington Street/Fred Waring Drive Traffic Signal Modification Plan 1 " = 20' Horizontal The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. H. Traffic Signal Interconnect Plan 1" = 40' Horizontal I. Precise Grading Plan 1 " = 30' Horizontal NOTE: E through I to be submitted concurrently. Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1- foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2001 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, a "Precise Grading" plan is required to be submitted for approval by the Building Official and the City Engineer. 1. 712 RESOLUTION NO.2009- SITE DEVELOPMENT PERMIT 2006-875 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: Page Page 18 of 29 "Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. 35. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (www.la-quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 36. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 37. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As - Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the EOR. can make site visits in support of preparing As Built drawings. However, if subsequent approved revisions have been approved by the City Engineer and reflect said "As -Built" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 38. Prior to approval of any Final Map, the applicant shall construct all on and off - site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 39. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Site Development Permit, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. RESOLUTION NO. 2009- SITE DEVELOPMENT PERMIT 2006-875 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: Page Page 19 of 29 40. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on -site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 41. Depending on the timing of the development of this Site Development Permit, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements required for development of this project, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this Site Development Permit. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these means, as the City may require. Off -Site Improvements should be completed on a first priority basis. The 714 RESOLUTION NO.2009- SITE DEVELOPMENT PERMIT 2006-875 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL — RECOMMENDED ADOPTED: Page Page 20 of 29 applicant shall complete Off -Site Improvements in the first phase of construction or by the issuance of the first building occupancy. In the event that any of the improvements which this project is conditioned to provide required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the project's proportionate share of the costs of such improvements to the satisfaction of the City Engineer. 42. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1/2" x 11" reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. GRADING 43. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 44. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 45. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: 71J RESOLUTION NO. 2009- SITE DEVELOPMENT PERMIT 2006.875 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: Page Page 21 of 29 A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 46. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 47. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (61 of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 716 RESOLUTION NO. 2009- SITE DEVELOPMENT PERMIT 2006-875 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: Page Page 22 of 29 48. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the Site Development Permit, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 49. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 50. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus five tenths of a foot (0.5') from the elevations shown on the approved Site Plan for this Site Development Permit, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance review. 51. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 52. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site plus offsite water to the street centerline tributary area during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. Retention volume requirements are documented in the MSA October 15, 2006 Hydrology Report to equal 8.18 71 7 RESOLUTION NO. 2009- SITE DEVELOPMENT PERMIT 2006-875 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: Page Page 23 of 29 acre-feet. 53. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 54. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise and as approved by the City Engineer. 55. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 56. No fence or wall shall be constructed around any retention basin unless approved by the Planning Director and the City Engineer. 57. For on -site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin. 58. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7). 59. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 60. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 718 RESOLUTION NO.2009- SITE DEVELOPMENT PERMIT 2006-875 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: Page Page 24 of 29 61. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 62. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 63. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 64. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. CONSTRUCTION 65. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. Temporary occupancy permits, solely for the purpose of allowing fixture interior improvements will be allowed. LANDSCAPE AND IRRIGATION 66. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 67. The applicant shall provide landscaping in the required setbacks, retention 719 RESOLUTION NO. 2009- SITE DEVELOPMENT PERMIT 2006-875 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: Page Page 25 of 29 basins, and common lots areas. 68. Landscape and irrigation plans for landscaped lots and setbacks, medians and retention basins shall be signed and stamped by a licensed landscape architect. 69. The applicant shall submit the final landscape plans for preliminary approval by the Planning Department and green sheet sign off by the Public Works Department. After plan checking has been completed by the Planning Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Director, however landscape plans for landscaped median on public streets shall be approved by the both the Planning Director and the City Engineer. Where City Engineer approval is not required, the applicant shall submit for a green sheet approval by the Public Works Department. Final irrigation and landscape plans for on -site planting shall be reviewed by the ALRC and approved by the Planning Director prior to issuance of first building permit. Final plans shall include all landscaping associated with this project. NOTE: Plans are not approved for construction until signed by both the Planning Director and/or the City Engineer. 70. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 71. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 5th Edition" or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way, 72. In the commercial complex diamond shaped tree planters and/or regular planters shall be provided between head of parking spaces and buildings or in adjacent sidewalks to provide code required shading and soften the buildings appearance. PUBLIC SERVICES 73. The applicant shall provide and/or modify public transit improvements as required by SunLine Transit Agency and as approved by the City Engineer. l20 RESOLUTION NO.2009- SITE DEVELOPMENT PERMIT 2006-875 MAVER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL — RECOMMENDED ADOPTED: Page Page 26 of 29 MAINTENANCE 74. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 75. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. The applicant will prepare and submit documentation that "runs with the land" for approval by the City Engineer and City Attorney for this continuous and perpetual maintenance obligation. FEES AND DEPOSITS 76. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 77. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 78. The applicant shall pay the Coachella Valley Multi -Species Habitat Conservation Plan/Natural Community Habitat Conservation Plan Mitigation Fee, in accordance with Chapter 3.34 of the Municipal Code. 79. On the day after City Council approval of the application, a check made out to the "County of Riverside" for $2,832.25 shall be delivered to the Planning Department for the environmental Notice of Determination fee. MISCELLANEOUS 80. The commercial complex and medical office complex projects may be considered separate projects for plan checking purposes. 81. An exterior lighting plan (parking lot, carports, walkway, building, landscaping) shall be submitted to the Planning Department for approval prior to issuance of first building permit. A photometric study for the parking lot shall be included with the lighting plan complying with Zoning Code Section 9.100.150. 121 RESOLUTION NO.2009- SITE DEVELOPMENT PERMIT 2006-875 MAVER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL — RECOMMENDED ADOPTED: Page Page 27 of 29 Parking lot fixture height shall not exceed 20' above parking lot grade. Side shielding of fixtures shall be provided on all perimeter parking lot fixtures and any other fixture that may glare onto adjacent residential properties, to the satisfaction of the Planning Director. Carport lighting shall be recessed and not readily visible from the side view. Parking lot lights shall be dimmed or partially turned off to "night mode" within one hour of closing. Dimmed lights shall be at a level to maintain safety. 82. Sign programs for each complex shall be submitted to the Planning Department for approval and comply with the requirements of Zoning Code Chapter 9.160. 83. The parking lot perimeter shall be screened from view of public streets through the use of +3' berming and/or 3'-6" high decorative masonry wall to the satisfaction of the Planning Director. 84. Prior to submission of first plan check of architectural, improvement plan, precise plan or grading plan, the applicant shall submit the plans to the Fire Marshal for their review and approval. 85. Height, design and location for all trash enclosures and loading screen walls shall be approved by the Planning Director during plan check of working drawings. 86. The carport design for the medical complex shall be compatible in design, material and color to the approved buildings. Preliminary design plans for the carport shall be submitted to the Planning Director for review and approval prior to building permit submittal. The Planning Director may approve the plans or have the discretion to forward them to the Planning Commission for consideration as a business item. 87. Medical complex buildings 11, 12, 13 and 15 shall be architecturally consistent (including design, material and color) with approved building 14. Preliminary plans for buildings 11, 12, 13 and 15 shall be submitted to the Planning Director for review and approval. The Director may approval the plans or has the discretion to forward them to the Planning Commission for consideration as a business item. 88. Height of Buildings 11 and 12 shall be no higher than 22' (except limited tower elements) as stipulated in the Image Corridor requirements. 122 RESOLUTION NO. 2009- SITE DEVELOPMENT PERMIT 2006-875 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL — RECOMMENDED ADOPTED: Page Page 28 of 29 89. The medical complex water feature shall be re -designed to be more water efficient, use less energy, and be more interactive with the general public, pedestrians, and other people using the facilities. The final plans for the water feature shall be included in the final landscaping plans submitted to the City and shall be reviewed by the Planning Commission as a business item prior to approval by the Planning Director. 90. The two story high windows of the medical complex shall be provided with solar protection for summer sun to the satisfaction of the Planning Director. 91. A sample or detailed photographs of the roof equipment screen material for the medical complex shall be submitted to the Planning Director for approval at the time of working drawing plan check. 92. The planters in areas adjacent to the school building grounds shall be heavily planted with canopy trees (minimum 36" box, 2.5" caliper) to provide a visual screen of the commercial complex. All planters along north property line shall be a minimum 10 feet wide to accommodate trees and planting. 93. Design and location plans for all cart returns within the parking lot shall be approved by the Planning Director. 94. Plans for building 1 of the commercial complex shall be architecturally compatible the other commercial complex buildings. Preliminary plans for the building shall be submitted to the Planning Director for review and approval. The Director may approval the plans or have the discretion to forward them to the Planning Commission for consideration as a business item. 95. A palette of designs, colors and materials for the awnings by tenant shall be submitted to and approved by the Planning Director prior to issuance of first commercial complex building permit. The developer shall consider providing "awnings by tenant" as part of initial construction. 96. The proposed water feature at the northeast corner of Washington Street and Fred Waring Drive shall be removed and, in its place, an art piece shall be explored, as part of the City's Art in Public Places Program. 97. All mechanical equipment shall be screened to the satisfaction of the Planning Director. 98. All applicable requirements of CUP 2007-105 and TPM 35088 shall be complied RESOLUTION NO.2009- SITE DEVELOPMENT PERMIT 2006-875 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL — RECOMMENDED ADOPTED: Page Page 29 of 29 with. 99. All mitigation measures contained in the Final Environmental Impact (EIR) Report for EA 2006-582 shall be complied with. Said EIR is on file in the Planning Department of the City of La Quinta. 100. Within the landscape perimeter strip along Palm Royale Drive minimum 36" box size trees shall be densely planted adjacent to Building 13 of the medical complex. 101. The applicant shall consider eliminating parking spaces in each complex to provide additional pedestrian -friendly outdoor public spaces. Areas provided shall be included in the final landscaping plans. 102. The applicant shall, to the satisfaction of the City Engineer, comply with all recommendations contained within the Transportation System Management/Transportation Demand Management Study for the Washington Street and Highway 111 Corridors. RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONVALESCENT/REHABILITATION FACILITY AS PART OF A MEDICAL OFFICE COMPLEX AND 10,000+ SQUARE FOOT RETAIL STORES LOCATED ON THE NORTH SIDE OF FRED WARING DRIVE BETWEEN WASHINGTON STREET AND PALM ROYALE DRIVE CASE NO.: CONDITIONAL USE PERMIT 2007-105 APPLICANT: MAYER VILLA CAPRI, L.P. WHEREAS, the City Council of the City of La Quinta, California, did on the 17`" day of March, 2009, hold a duly -noticed Public Hearing to consider the request of MAYER VILLA CAPRI L.P. for approval of a Convalescent/Rehabilitation facility as part of an 130,450± square foot medical office complex and 10,000+ square foot retail stores as part of a 104,000± square foot commercial complex, located on the north side of Fred Waring Drive between Washington Street and Palm Royale Drive, more particularly described as: APN 609-070-053 AND 609-070-054 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 24" day of February, 2009, hold a duly -noticed Public Hearing on this request and by adoption of Resolution 2009-007, did recommend approval of Conditional Use Permit 2007-105, subject to Conditions; and, WHEREAS, said Conditional Use Permit has been filed concurrently with a Site Development Permit and Tentative Parcel Map and in whole represents the development permit application for the project as contemplated; and, WHEREAS, the Department has prepared a Final Environmental Impact Report ("Final EIR"), State Clearinghouse #2007121009, in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970 as amended. The Final EIR was presented to the La Quinta City Council, which reviewed and considered the information contained in the Final EIR, as well as all testimony presented at the public hearing, and has adopted a Resolution certifying that the EIR prepared for this application is recognized as adequate and complete, recognizing the overriding considerations to certain significant environmental impacts, and, recognizing the significant environmental effects which cannot be avoided, but can be reasonably and substantially mitigated if the proposed project is implemented; and Resolution No. 2009- Conditional Use Permit 2007-105 Mayer Villa Capri, L.P. Adopted: WHEREAS, the Planning Department did publish a public hearing notice in the Desert Sun newspaper, on the 6" day of March, 2009 for the City Council hearing, and on the 13" day of February, 2009 for the Planning Commission hearing, as prescribed by the Municipal Code, with public hearing notices mailed to all property owners within 500 feet of the property in question; and, WHEREAS, the Historic Preservation Commission, at their meeting held on the 6th, day of December, 2007, reviewed the archaeological resources survey associated with the application, and adopted a Minute Motion recommending approval of the survey to the City Council, subject to staff - recommended conditions; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the City Council did make the following mandatory findings to justify approval of the Conditional Use Permit: 1. Conditional Use Permit 2007-105 is consistent with the La Quinta General Plan, in that the project site is designated as Community Commercial (CC) which is intended to be developed with commercial uses similar to the Convalescent/Rehabilitation and retail uses proposed herein. These commercial uses will therefore help achieve the goals and uses of the CC designation. 2. Conditional Use Permit 2007-105 is consistent with the La Quinta Zoning Code in that it is conditionally permitted under the CC zoning designation. The project's proposed uses are consistent with the uses identified in the CC district and have been designed and is conditioned to comply with the development standards of the CC district and other Zoning Code requirements such as parking, setbacks, building heights, and landscaping. 3. Processing and approval of Conditional Use Permit 2007-105 is in compliance with the requirements of the California Environmental Quality Act. The La Quinta Planning Department has prepared a Final Environmental Impact Report SCH #2007121009 (Final EIR) for the Project, which includes Conditional Use Permit 2007-105, in compliance with the requirements of the California Environmental Quality Act of 1970. The Final EIR was presented to the City Council, who reviewed and considered the information Resolution No. 2009- Conditional Use Permit 2007-105 Mayer Villa Capri, L.P. Adopted: contained in said Final EIR prior to their action on this application and certified said Final EIR. 4. Approval of Conditional Use Permit 2007-105 will not create conditions materially detrimental to the public health, safety and general welfare or be injurious to or be incompatible with other properties or land uses in the vicinity in that the use is self contained in a building that has been designed to be compatible with the adjacent medical office buildings and commercial complex. Furthermore, it is a significant distance from nearby residential and school uses and will not create conditions, such as noise, odors, traffic, etc. that will be detrimental to adjacent properties. The use of 10,000+ square foot retail buildings will not be detrimental to the surrounding existing and proposed land 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; 2. That it does hereby approve Conditional Use Permit 2007-105, as referenced in the title of this Resolution, for the reasons set forth in this Resolution, and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on this the 17`" day of March, 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Don Adolph, Mayor City of La Quinta, California Resolution No. 2009- Conditional Use Permit 2007.105 Mayer Villa Capri, L.P. Adopted: ATTEST: Veronica J. Montecino, CMC, City Clerk City of La Quinta, California (Seal) APPROVED AS TO FORM: M. Katherine Jenson, City Attorney P8 RESOLUTION NO. 2009- CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2007-105 MAYER VILLA CAPRI, L.P. ADOPTED: GENERAL 1. The use of the subject property for a convalescent/rehabilitation facility as part of a medical complex shall be in conformance with the approved exhibits and conditions of approval contained in Conditional Use Permit 20073-105, Site Development Permit 20063-875, Tentative Parcel Map 35088 and Environmental Assessment 2006-582, unless otherwise amended by the following conditions. 2. Unless established, the Conditional Use Permit shall be expire after two years of the effective date of approval, and shall become null and void. A time extension for this Conditional Use Permit may be requested as permitted in Municipal Code Section 9.200.080 D. 3. Developer agrees to indemnify, defend, and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. l?9 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SUBDIVISION OF 25± ACRES INTO TEN PARCELS (FIVE FOR CONDOMINIUM PURPOSES) LOCATED ON THE NORTH SIDE OF FRED WARING DRIVE BETWEEN WASHINGTON STREET AND PALM ROYALE DRIVE CASE NO.: TENTATIVE PARCEL MAP 35088 APPLICANT: MAYER VILLA CAPRI, L.P. WHEREAS, the City Council of the City of La Quinta, California, did on the 17" day of March, 2009, hold a duly -noticed Public Hearing to consider the request of MAYER VILLA CAPRI for approval of Tentative Parcel Map 35088 which divides 25 ± acres into 10 commercial parcels (five for condominium purposes) for a commercial complex and medical office complex located on the north side of Fred Waring Drive between Washington Street and Palm Royale Drive more particularly described as: APN'S 609-070-053 AND 609-070-054 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 24`h day of February, 2009, hold a duly -noticed Public Hearing on this request and did recommend approval of Tentative Parcel Map 35088 by adoption of Resolution 2009-008, subject to Conditions; and, WHEREAS, said Tentative Parcel Map has been filed concurrently with a Site Development Permit and Conditional Use Permit and in whole represents the development permit applications for the project as contemplated; and, WHEREAS, the Department has prepared a Final Environmental Impact Report ("Final EIR"), State Clearinghouse #2007121009 in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970 as amended. The Final EIR was presented to the La Quinta City Council, which reviewed and considered the information contained in the Final EIR, as well as all testimony presented at the public hearing, and has adopted a Resolution certifying that the Final EIR prepared for this application is recognized as adequate and complete, recognizing the overriding considerations to certain significant environmental impacts, and, recognizing the significant environmental effects which cannot be avoided, but can be reasonably and substantially mitigated if the proposed project is implemented; and .. 730 Resolution No. 2009- Tentative Parcel Map 35088 Mayer Villa Capri, L.P. Adopted: Page 2 of 4 WHEREAS, the Planning Department did publish a public hearing notice in the Desert Sun newspaper, on March 6, 2009 for the City Council hearing, and on the 13" day of February, 2009 for the Planning Commission hearing, as prescribed by the Municipal Code, with public hearing notices mailed to all property owners within 500 feet of the property in question; and WHEREAS, the Historic Preservation Commission, at their meeting held on the 6th, day of December, 2007, reviewed the archaeological resources survey associated with the application, and adopted a Minute Motion recommending approval of the survey to the City Council, subject to staff - recommended conditions; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the City Council did make the following mandatory findings to justify approval of the Tentative Parcel Map: 1. As proposed, Tentative Parcel Map 35088 is consistent with the La Quinta General Plan. The Tentative Parcel Map is consistent with the Community Commercial land use designation of the site in that the resulting parcels conforms with the associated proposed condominium commercial and medical uses. 2. The design and improvement of Tentative Parcel Map 35088 is consistent with the La Quinta General Plan with the implementation of conditions of approval to ensure proper street widths, and timing of their construction, as well as adequate storm water drainage, street and other infrastructure improvements. The Final EIR requires specific off -site improvements to mitigate traffic -related impacts from this project. These improvements have been incorporated into the approval conditions for the Project, and identified in the Final EIR. 3. The design of Tentative Parcel Map 35088 and proposed improvements are not likely to cause substantial environmental damage, nor substantially and avoidably injure fish or wildlife or their habitat. No significant biological resources have been identified to exist on the site. The Project site does not contain and is not proximate to any wetland, blue -line stream, marsh, vernal pool or other wildlife habit. The Project will not routinely use or transport any hazardous material(s), nor are there any hazardous materials identified to exist on the Project site. The Final EIR prepared for the Project, which 731 Resolution No. 2009- Tentative Parcel Map 35088 Mayer Villa Capri, L.P. Adopted: Page 3 of 4 includes Tentative Parcel Map 35088, determined that there are no significant impacts to air (permanent) or water quality, biological or cultural resources, geology and soils which can not be mitigated to less than significant levels, with incorporation of recommended mitigation measures into the Project, which has been required. 4. The design of Tentative Parcel Map 35088 and type of improvements are not likely to cause serious public health problems, in that this issue was considered and addressed in the Final EIR prepared for the Project. The Project will not routinely use or transport any hazardous material(s), nor are there any hazardous materials identified to exist on the Project site. The Final EIR prepared for the Project, which includes Tentative Parcel Map 30588, determined that there are no significant impacts to air (permanent) or water quality, geology soils, or other significant health or safety -related impacts which cannot be mitigated to less than significant levels with incorporation of mitigation measures into the Project, which has been required. 5. The design and improvements required for Tentative Parcel Map 35088 will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. All necessary right-of-way for construction of off -site improvements associated with this site will be provided as required by the conditions of approval for this Project. 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 of La Quinta Council in this case; 2. That it does hereby approve Tentative Parcel Map 35088, as referenced in the title of this Resolution, for the reasons set forth in this Resolution, and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on this the 17" day of March, 2009, by the following vote, to wit: 732 Resolution No. 2009- Tentative Parcel Map 35088 Mayer Villa Capri, L.P. Adopted: Page 4 of 4 AYES: NOES: ABSENT: ABSTAIN: Don Adolph, Mayor City of La Quinta, California ATTEST: Veronica J. Montecino, CIVIC, City Clerk City of La Quinta, California (Seal) APPROVED AS TO FORM: M. Katherine Jenson, City Attorney 733 RESOLUTION NO. 2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL — RECOMMENDED ADOPTED: GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Parcel Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Parcel Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). This Tentative Parcel Map shall expire two years after City Council approval, unless recorded or granted a time extension pursuant to the requirements of La Quinta Municipal Code 9.200.080 (Permit expiration and time extensions). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: Riverside County Fire Marshal Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) • Planning Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) 1. 734 RESOLUTION NO. 2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: Page Page 2 of 27 • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • South Coast Air Quality Management District Coachella Valley The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. A project -specific NPDES construction permit must be obtained by the applicant; and who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI"), prior to the issuance of a grading or site construction permit by the City. 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board — Colorado River Basin Region Board Order No. R7-2008-0001 and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one 01 acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the applicant shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. 735 RESOLUTION NO.2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: Page Page 3 of 27 D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. Additionally, the applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board - Colorado River Basin (CRWQCB-CRB) Region Board Order No. 137-2008-001. G. For post -construction urban runoff from New Development and Redevelopment Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board - Colorado River Basin (CRWQCB-CRB) Region Board Order No. 137-2008-001. H. The applicant shall implement the WQMP Design Standards per (CRWQCB-CRB) Region Board Order No. 137-2008-001 utilizing BMPs approved by the City Engineer. 73G RESOLUTION NO.2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: Page Page 4 of 27 5. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 6. Approval of this Tentative Parcel Map shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. PROPERTY RIGHTS 7. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. Pursuant to the aforementioned, the applicant shall submit an "AUTHORIZATION TO REMOVE GRAFFITI FROM PRIVATE PROPERTY" form located at the Public Works Department Counter prior to Certificate of Occupancy. 8. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities of the master development. 9. The applicant shall offer for dedication on the Final Map all public street rights - of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 10. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 73t RESOLUTION NO. 2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL — RECOMMENDED ADOPTED: Page Page 5 of 27 1► Washington Street (Major Arterial, 120' ROW) — The standard 60 feet from the centerline of Washington Street for a total 120-foot ultimate developed right of way except an additional variable right of way dedication on Washington Street: a► at the intersection of Fred Waring Drive to provide for three southbound through lanes (existing), a dual southbound left turn lanes to eastbound Fred Waring Drive (existing), a raised median, three northbound lanes consisting of a 13- foot wide inside lane, a 12-foot wide middle lane, a 13-foot wide curb lane and a 9-foot wide parkway as approved by the City Engineer, and b) a 12-foot deceleration/right turn only lane as shown on the January 14, 2009 Site Plan to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. Pursuant to the aforementioned conditions, the applicant shall also design and construct improvements on Washington Street to the south of the intersection with Fred Waring Drive that are required to properly align and safely transition to the Washington Street improvements northerly of the Fred Waring Drive intersection as approved by the City Engineer. 2) Fred Waring Drive (Major Arterial, 120' ROW) — The standard 60 feet from the centerline of Fred Waring Drive for a total 120-foot ultimate developed right of way except an additional variable right of way dedication on Fred Waring Drive: a) at the intersection of Washington Street to provide for a 12- foot parkway, 12-foot deceleration/right turn only lane, three westbound through lanes, a dual westbound left turn lanes to southbound Washington Street, and a raised median as approved by the City Engineer. The proposed right of way shall be measured 75 feet north of the centerline of Fred Waring Drive as shown on the approved Site Plan for this Tentative Parcel Map and as approved by the City Engineer. 138 RESOLUTION NO.2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: Page Page 6 of 27 b) for a deceleration/right turn only lane at the westerly most driveway on Fred Waring Drive to provide measured 87 feet north of the centerline of Fred Waring Drive for a length of 248 feet plus storage length and a transition taper of an additional 150 feet (or length as approved by the City Engineer) to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. c) for a deceleration/right turn only lane at the easterly most driveway on Fred Waring Drive as approved by the City Engineer. 3) Palm Royale Drive (Pursuant to Parcel Map No. 27131 - Collector Street, 72' ROW) - Street right of way has been dedicated with recorded Parcel Map 27131. No additional right of way is required to comply with General Plan street widths, except an additional variable right of way dedication 1) at the northerly limits of the Parcel Map of 44 feet from the centerline to align with Palm Royale Drive right-of-way at the Desert Sands Unified School District boundary and to transition as required to 36 feet from the centerline at the Rome Drive intersection and 2) on Palm Royale Drive at the Fred Waring Drive intersection measured 42 feet west of the centerline to accommodate one left turn lane, one through lane and one right turn lane and as conditioned under STREET AND TRAFFIC IMPROVEMENTS. 11. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. Pursuant to this requirement, the Applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement. .. -, 3 9 RESOLUTION NO. 2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL — RECOMMENDED ADOPTED: Page Page 7 of 27 12. When the City Engineer determines that access rights to the proposed street rights -of -way shown on the approved Tentative Parcel Map are necessary prior to approval of the Final Map dedicating such rights -of -way, the applicant shall grant the necessary rights -of -way within 60 days of a written request by the City. 13. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of all public streets. Additional on -site utility easements shall be shown on the Final Map for this Tentative Parcel Map as required by the utility purveyors. 14. The applicant shall create perimeter landscaping setbacks along all public rights - of -way as follows: A. Washington Street and Fred Waring Drive (Major Arterial) - 20-foot from the R/W-P/L. B. Palm Royale Drive (Collector Street) - 10-foot from the R/W-P/L. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 15. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 16. Direct vehicular access to Washington Street, Fred Waring Drive and Palm Royale Drive from lots with frontage along Washington Street, Fred Waring Drive and Palm Royale Drive is restricted, except for those access points identified on the Site Plan, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final parcel map. 17. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. ��0 RESOLUTION NO. 2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: Page Page 8 of 27 18. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Parcel Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 19. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 11 Washington Street (Major Arterial; 120' R/W): Widen the east side of the street along all frontage adjacent to the Tentative Parcel Map boundary to its ultimate width on the east side as specified in the General Plan and the requirements of these conditions. The east curb face shall be located fifty one feet (51') east of the centerline, except at locations where additional street width is needed to accommodate: a► at the intersection of Fred Waring Drive to provide for three southbound through lanes (existing), a dual southbound left turn lanes to eastbound Fred Waring Drive (existing), a raised median, three northbound lanes consisting of a 13- foot wide inside lane, a 12-foot wide middle lane, a 13-foot wide curb lane and a 9-foot wide parkway as approved by the City Engineer, and b) a 12-foot combined continuous deceleration/right turn only lane as shown on the January 14, 2009 Site Plan. Pursuant to the aforementioned conditions, the applicant shall design and construct improvements on Washington Street southerly of the intersection with Fred Waring Drive as approved by the City Engineer to align and safely transition to the improvements as conditioned northerly of the intersection. Other required improvements in the Washington Street right-of-way and/or adjacent landscape setback area include: 741 RESOLUTION NO. 2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: Page Page 9 of 27 c) All appurtenant components such as, but not limited to curb, gutter, traffic control striping, legends, and signs, d) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. e) The design and installation of all traffic signal interconnect equipment, conduit, pull boxes and appurtenances along the frontage of the project for the interconnection of the existing traffic signal at Washington Street and Fred Waring Drive intersection to adjacent traffic signals. f) Reconstruct the existing 14 - foot wide raised landscaped median at the Primary Access Drive Aisle on Washington Street to provide for left turn movement into the Primary Access Driveway while restricting left turn movement out of the Primary Access Driveway and left turn movement out of Calle Las Brisas on the westerly side of Washington Street as approved by the City Engineer. g) Establish a benchmark in the Washington Street right of way and file a record of the benchmark with the County of Riverside. h) Relocate the SunLine Transit Agency Bus Stop and Shelter as required to incorporate the SunLine Transit Agency requirements within the proposed deceleration lane. The applicant shall extend improvements beyond the parcel map boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets -14 2 RESOLUTION NO. 2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: Page Page 10 of 27 and sidewalks). 2) Fred Waring Drive (Major Arterial; 120' R/W): Widen the north side of Fred Waring Drive along all frontages adjacent to the Tentative Parcel Map boundary to its ultimate width on the north side as specified in the General Plan and the requirements of these conditions. The north curb face shall be located fifty one feet (51') north of the centerline, except at locations where additional street width is needed to accommodate: a) at the intersection of Washington Street to provide for a 12- foot parkway, 12-foot deceleration/right turn only lane, three westbound through lanes, dual westbound left turn lanes to southbound Washington Street, and a raised median as approved by the City Engineer. The proposed right of way shall be measured 75 feet north of the centerline of Fred Waring Drive as shown on the approved Site Plan for the Site Development Permit and as approved by the City Engineer. b) for a deceleration/right turn only lane at the westerly most driveway on Fred Waring Drive measured 87 feet north of the centerline of Fred Waring Drive for a length of 248 feet plus storage length and a transition taper of an additional 150 feet or length as approved by the City Engineer to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. c) for a deceleration/right turn only lane at the easterly most driveway on Fred Waring Drive as approved by the City Engineer. Other required improvements in the Fred Waring Drive right-of-way and/or adjacent landscape setback area include: d) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs, e) An 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that ., 7ai RESOLUTION NO. 2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL — RECOMMENDED ADOPTED: Page Page 11 of 27 utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. f) A 14 - foot wide raised landscaped median along the entire boundary of the Tentative Parcel Map. plus variable width as needed to accommodate 1) a raised median for the dual left turn pockets for the eastbound traffic of Fred Waring Drive to southbound Washington Street and left turn in movements at Palm Royale Drive. g) Reconstruct the raised median at the shared drive aisle at Parcels 5 and 10 for a left turn deceleration lane with a left turn out restrictor for a length and taper up to the dual left turn lanes at the Fred Waring Drive and Washington Street intersection as approved by the City Engineer. h) Design and construct traffic signal equipment and interconnect improvements along the project frontage including conduit, pull boxes and other appurtenances for the interconnection of the traffic signals. i) Modification of the existing traffic signal at the Washington Street and Fred Waring Drive intersection as required by the abovementioned improvements and as approved by the City Engineer and the City of Palm Desert. Applicant shall submit plans and fees required for the City of Palm Desert concurrent approval. j) Class II Bike Lane as approved by the City Engineer. 3) Palm Royale Drive (Pursuant to Parcel Map No. 27131 - Collector l44 RESOLUTION NO.2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL — RECOMMENDED ADOPTED: Page Page 12 of 27 Street, 72' ROW): Widen the west side of the street along all frontage adjacent to the Tentative Parcel Map boundary to its ultimate width on the west side as specified in the General Plan and the requirements of these conditions. The west curb face shall be located twenty four feet (24') west of the centerline, except at locations where additional street width is needed to accommodate: a) Transitional street width required from 32 feet at the northerly boundary adjacent to the Colonel Mitchell Page Middle School to 24 feet at Rome Drive as approved by the City Engineer. b) A deceleration/right turn only lane on Palm Royale at the Fred Waring Drive intersection. The west curb face shall be located thirty two (32') west of the centerline and length to be as approved by the City Engineer to extend from the Access Drive across Rome Drive to Fred Waring Drive. to accommodate one left turn lane, one through lane and one right turn lane, Other required improvements in the Palm Royale Drive right-of-way and/or adjacent landscape setback area include: c) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs, d) 6-foot wide sidewalk with a planter adjacent to curb. e) Class II Bike Lane to connect with the existing Bike Lane to the north and as required by the City Engineer. f) The applicant is responsible for a 25% share of the cost to design and install the traffic signal at the intersection of Palm Royale Drive and Fred Waring Drive that will be installed by the City of La Quinta CIP Project 2007-06. g) The applicant is responsible for the cost to design and install all traffic signal equipment including conduit, pull boxes and other appurtenances for the interconnection of this traffic ,45 RESOLUTION NO. 2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL — RECOMMENDED ADOPTED: Page Page 13 of 27 signal with the existing traffic signal at the Washington Street and Fred Waring Drive intersection as approved by the City Engineer. The applicant shall extend improvements beyond the parcel map boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 20. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Collector 4.0" a.c /5.0" c.a.b. Major Arterial 5.5" a.c./6.5" c.a.b. or the approved equivalents of alternate materials. 21. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 22. General access points and turning movements of traffic are limited to the following: A. Washington Street 1) Primary Access Drive (between Parcel 1 and 2): Right turn movements in and out and left turn movements in are permitted. Left turn movement out is prohibited. 2) Secondary Access Drive (northerly end of Tentative Parcel Map): Right turn movements in and out are permitted. Left turn movements in and out are prohibited. 14v RESOLUTION NO. 2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL — RECOMMENDED ADOPTED: Page Page 14 of 27 B. Fred Waring Drive 1) Service Access Drive between Parcel 5 and 10: Right turn movements in and out and left turn movements in are permitted. Left turn movements out are prohibited. 2) Westerly most driveway to Parcel 3 between Parcels 4 and 5 on Fred Waring Drive: Right turn movements in and out turn movements are permitted. Left turn movements in and out are prohibited. 3) Secondary most easterly Access Drive to Parcels 9 and 10. Right turn movements in and out are permitted. Left turn movements in and out are prohibited. C. Palm Royale Drive 1) Access Drive across Rome Drive: Full turn movements are permitted. 23. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 24. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. PARKING LOTS and ACCESS POINTS 25. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking). In particular, the following are conditioned with this approval. A. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. B. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. RESOLUTION NO.2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: Page Page 15 of 27 C. Building access points shall be shown on the Precise Grading Plans to better evaluate ADA accessibility issues. D. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length for standard parking stalls and 18 feet for handicapped parking stalls or as approved by the City Engineer. E. Drive aisles between parking stalls shall be a minimum of 26 feet with egress drive aisles a minimum of 30 feet or as approved by the City Engineer. F. Drive-thru aisles shall be a minimum of 12 feet along straight away portions and increased to a minimum 14 feet at bends (to accommodate turning movements). The minimum dimensions shall be paved roadway surface. Additionally for the drive-thru proposed at Building 10, a seven - car minimum stacking capacity is required from the order window to the drive-thru entrance off of the east -west drive aisle or as approved by the City Engineer. Additionally, the applicant shall construct signage and pavement markings to prevent vehicles blocking this east -west drive aisle as approved by the City Engineer. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. Site Plan dated January 14, 2009 requires additional revisions based on Public Works Department plan review of said Site Plan. 26. General access points and turning movements of traffic to off site public streets are limited to the access locations approved for Parcel Map No. 35088 and these conditions of approval. 27. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (High Traffic) 4.5" a.c./5.5" c.a.b. ,• 746 RESOLUTION NO.2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: Page Page 18 of 27 Loading Areas 6" P.C.C./4" c.a.b. or the approved equivalents of alternate materials. 28. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 29. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 30. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 31. The applicant is required to eliminate parking stalls along the main entry drive aisle along the Primary Entry off of Washington Street up to Building 5 as shown on the Site Plan dated January 14, 2009 and as approved by the City Engineer. 32. The applicant is required to redesign the parking lot layout between Buildings 4 and 5 as approved by the City Engineer. 33. The applicant is required to address the westerly edge of the westerly parking stalls adjacent to the Office Building 11 as approved by the City Engineer. FINAL MAPS 34. Prior to the City's approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map that were approved by the City's map checker on a storage media acceptable to the City Engineer. The Final Map shall be 1 " = 40' scale. IMPROVEMENT PLANS RESOLUTION NO. 2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: Page Page 17 of 27 As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 35. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 36. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan 1 " = 40' Horizontal B. PM10 Plan 1" = 40' Horizontal C. SWPPP 1 " = 40' Horizontal D. WQMP (Plan submitted in Report Form) NOTE: A through D to be submitted concurrently. E. Off -Site Street Improvement/Storm Drain Plan F. Off -Site Signing & Striping Plan 1 " = 40' Horizontal, 1 " = 4' Vertical 1 " = 40' Horizontal G. Washington Street/Fred Waring Drive Traffic Signal Modification Plan 1 " = 20' Horizontal The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. 750 RESOLUTION NO.2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: Page Page 18 of 27 H. Traffic Signal Interconnect Plan I" = 40' Horizontal I. Precise Grading Plan 1 " = 30' Horizontal NOTE: E through I to be submitted concurrently. Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1- foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2001 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, a "Precise Grading" plan is required to be submitted for approval by the Building Official and the City Engineer. "Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. 37. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (www.la-quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 38. The applicant shall furnish a complete set of the mylars of all approved 751 RESOLUTION NO. 2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: Page Page 19 of 27 improvement plans on a storage media acceptable to the City Engineer 39. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As - Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the EOR. can make site visits in support of preparing As Built drawings. However, if subsequent approved revisions have been approved by the City Engineer and reflect said "As -Built" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 40. Prior to approval of any Final Map, the applicant shall construct all on and off - site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 41. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Parcel Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 42. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on -site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. RESOLUTION NO. 2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL — RECOMMENDED ADOPTED: Page Page 20 of 27 Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 43. Depending on the timing of the development of this Tentative Parcel Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements required for development of this project, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative parcel map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these means, as the City may require. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first phase of construction or by the issuance of the prior to the first building occupancy. In the event that any of the improvements required for this development which this project is conditioned to provide are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the project's proportionate share of the costs of such improvements to the satisfaction of the City Engineer. 44. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey 753 RESOLUTION NO. 2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: Page Page 21 of 27 monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. r;RADING 45. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 46. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 47. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. 754 RESOLUTION NO. 2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: Page Page 22 of 27 All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 48. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 49. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 50. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative parcel map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 51. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 755 RESOLUTION NO. 2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL — RECOMMENDED ADOPTED: Page Page 23 of 27 52. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus five tenths of a foot (0.5') from the elevations shown on the approved Tentative Parcel Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 53. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 54. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site plus offsite water to the street centerline tributary area during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. Retention volume requirements are documented in the MSA October 15, 2006 Hydrology Report to equal 8.18 acre-feet. 55. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 56. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise and as approved by the City Engineer. 750 RESOLUTION NO.2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL — RECOMMENDED ADOPTED: Page Page 24 of 27 57. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 58. No fence or wall shall be constructed around any retention basin unless approved by the Planning Director and the City Engineer. 59. For on -site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin. 60. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7). 61. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 62. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 63. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. LJTII ITIFS 64. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 65. Existing overhead utility lines within, or adjacent to the proposed development, 75 7 RESOLUTION NO.2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: Page Page 25 of 27 and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 66. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. CONSTRUCTION 67. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. Temporary occupancy permits, solely for the purpose of allowing fixture interior improvements will be allowed. LANDSCAPE AND IRRIGATION 68. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 69. The applicant shall provide landscaping in the required setbacks and retention basins, common lots areas. 70. Landscape and irrigation plans for landscaped lots and setbacks, medians and retention basins shall be signed and stamped by a licensed landscape architect. 71. The applicant shall submit the final landscape plans for preliminary approval by the Planning Department and green sheet sign off by the Public Works Department. After plan checking has been completed by the Planning Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Director, however landscape plans for landscaped median on public 758 RESOLUTION NO.2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL — RECOMMENDED ADOPTED: Page Page 28 of 27 streets shall be approved by the both the Planning Director and the City Engineer. Where City Engineer approval is not required, the applicant shall submit for a green sheet approval by the Public Works Department. Final irrigation and landscape plans for on -site planting shall be reviewed by the ALRC and approved by the Planning Director prior to issuance of first building permit. Final plans shall include all landscaping associated with this project. NOTE: Plans are not approved for construction until signed by both the Planning Director and/or the City Engineer. 72. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 73. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 5`h Edition" or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. PUBLIC SERVICES 74. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. MAINTENANCE 75. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 76. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. The applicant will prepare and submit documentation that "runs with the land" for approval by the City Engineer and City Attorney for this continuous and perpetual maintenance obligation. FEES AND DEPOSITS 77. The applicant shall comply with the provisions of Section 13.24.180 (Fees and • 759 RESOLUTION NO. 2009- TENTATIVE PARCEL MAP 35088 MAYER VILLA CAPRI, L.P. CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: Page Page 27 of 27 Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 78. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 79. On the day after City Council approval of the application, a check made out to the "County of Riverside" for $2,832.25 shall be delivered to the Planning Department for the environmental Notice of Determination fee. MISCELLANEOUS 80. All applicable requirements of CUP 2007-105 and SDP 2006-875 shall be complied with. 81. All mitigation measures contained in the Final Environmental Impact (EIR) Report for EA 2006-582 shall be complied with. Said EIR is on file in the Planning Department of the City of La Quinta. 82. The applicant shall, to the satisfaction of the City Engineer, comply with all recommendations contained within the Transportation System Management/Transportation Demand Management Study for the Washington Street and Highway 111 Corridors. 760 CASE No. ATTACHMENT 1 Q+TA ":'r. 4 l VICINITY MAP N.T.S. CASE MAP RT MAYER VILLA CAPRI , SCALE: NTS 1 1 ATTACHMENT 2 Planning Commission Minutes March 23, 2004 G. Environmental Assessment 2004-499 General Plan Amendment 2004- 098 Zone Change 2004-118 and Tentative Tract Map 32119; a request of Mayer Villa Capri for consideration of certification of a Mitigated Negative Declaration, General Plan Amendment and Zone Change from Community Commercial to Neighborhood Commercial and Low Density Residential and a request of Trans West Housing for the subdivision of 15 acres into 48 single-family residential lots located northeast of the intersection of Washington Street and Fred Waring Drive. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the report a copy of which is on file in the Community Development Department. 2. Chairman Kirk- asked if there were any questions of staff. Commissioner Daniels asked how much commercial property will be lost if the zone change is approved. Staff explained the loss would be 15 gross acres from the Community Commercial for a total of 63 vacant acres from the Community Commercial designation since the updated General Plan was adopted. Commissioner Daniels asked if there were any other areas that could be designated as commercial to make up this loss. Staff stated they were unaware of any currently being planned. Commissioner Daniels asked how much revenue would be lost with this change in land use, or have circumstances changed to cause this land use modification since the General Plan update. Staff stated they did not know of any change in circumstances but 76!' G:\WPDOCS\PC Minutes\3-23-04.doc Planning Commission Minutes March 23, 2004 concerns had been raised by the adjoining residents regarding the density in the area with a previous application that was processed in the area. 3. Commissioner Tyler asked if staff had any conversation with anyone who would like to develop the commercial. Staff stated they have had none. Commissioner Tyler asked if this project were approved, would they be improving only that section of Fred Waring Drive in front of this development. Assistant City Engineer Steve Speer stated no, they will be required to do the street improvements for the entire length west to Washington Street. 4. Commissioner Daniels asked the difference between the uses of Community Commercial and Neighborhood Commercial. Interim Community Development Director Oscar Orci stated the ability to have retail stores over 50,000 square feet are prohibited under Neighborhood Commercial and the minimum parcel size is different for both. 5. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Larry Brose, representing Mayer Villa Capri, stated they concur with staff's position and conditions. They own the entire site, but Trans West Housing will be developing the residential. They will maintain ownership on the commercial site with another entity. They have no objection to improving the entire frontage along Fred Waring Drive. 6. Commissioner Tyler asked how they envisioned Lot 1 being marketed. Chris Schultz, representing Trans West Housing, explained their proposed use of the residential site. 7. There being no questions of the applicant and no other public comment, Chairman Kirk closed the public participation portion of the hearing. B. Commissioner Daniels asked the minimum lot size for Community Commercial. Interim Community Development Director Oscar Orci stated the General Plan under Table 2-1 states Community Commercial sizes shall range from 20-30 acres. This site was approved under a parcel map application. The action before the Commission will be consistent with the General Plan. 7611 ;; G:\WPDOCS\PC Minutes\3-23-04.doc Planning Commission Minutes March 23, 2004 9. Commissioner Tyler stated the project as designed is not in compliance with the General Plan. The residential design is sterile and shows no interest. The remaining Neighborhood Commercial size is too small to create any substantial project that would create interest for the entry to the City. There is no buffer between the residential and commercial, nor the school district. He cannot support this project as designed. 10. Commissioner Quill stated he thinks there is a market for Lots 1- 10 and Lots B and C are good buffers from the commercial. Curvilinear streets do not lend themselves to this rectangular parcel. The fact that there is that much commercial in the neighborhood north and south of this site is a good reason to downsize the commercial in this area. 11. Commissioner Tyler stated he would never support a big box at this location. 12. Commissioner Daniels stated he too would not be able to support this plan. It is not consistent with the General Plan just adopted by the Council two years ago. The amount of commercial lost is traumatic for the City. There is still a great demand for commercial activity in this area. He would like to know how this was parceled in this manner. 13. Chairman Kirk stated he too could not support the project as designed. The expectations of the residents and the City may be different. Designed as a 20 acre site would do better. He too would like to know how this happened. 14. It was moved and seconded by Commissioners Tyler/Daniels to adopt Minute Motion 2004-006, denying the project. ROLL CALL: AYES: Commissioners Abels, Daniels, Tyler, and Chairman Kirk. NOES: Commissioner Quill. ABSENT: None. ABSTAIN: None. -16 4 ATTACHMENT 3 Please see attached booklet 765 ATTACHMENT 4 Please see attached booklet 766 s o ATTACHMENT 5 al a 9' i ! a alai exhdoib I y I��Illlll�lil i 1 _u�._ _ s1 � lia3aseP? auaaliill wdv[!ea I .. 767 Page 1 of 1 Stan Sawa ATTACHMENT 6 From: michele rose [mickeyrose8003@yahoo.com] Sent: Friday, February 13, 2009 2:19 PM To: Stan Sawa Subject: Washington & Fred Waring Development APN's 609-070-048 and 049 To whom it may concern; I live in Desert Breezes and am very concerned over the development being proposed, these are my concerns; 1. Traffic, Washington Blvd and Fred Waring has so much traffic as it is, with the additional commercial development more traffic will be coming through those main streets. Is it possible to add another light and left hand turn signal at the Washington St. exit gate of Desert Breezes. At present we must wait for some to make a left hand turn coming out of our gates. 2. I would like to see some upscale markets, and shops, something that is not readily available. We have within a 6 block radius; Albertson, Wall green, CVS, Ralphs, walmart, and a Vons. how many market can we support in an area? If this development does not attract busniness that we don't presently have, I fear the community will not be able to support this new development, and it will turn into a blighted strip mall, which would be a dieaster for the area. I'd rather see a park, or recreations facility and keep the wide-open mountain veiws, than see another over built area with half empty stores or stores that attract very low moderate income persons into the area.. Michele Rose 43518 Via Magellan Dr. Desert Breezes Pahn Desert, Ca. 92211 766 3/11/2009 ATTACHMENT 7 CITY OF LA QUINTA RIVERSIDE COUNTY, CALIFORNIA FINAL ENVIRONMENTAL IMPACT REPORT (SCH# 2007121009) FOR VILLA CAPRI Prepared For CITY OF LA QUINTA 78495 Calle Tampico La Quinta, CA 92253 Prepared By Terra Nova Planning & Research, Inc. 400 South Farrell, Suite B-205 Palm Springs, CA 92262 March 2009 76) TN/City of La Quinta Villa Capri Final EIR to Comments on Draft FIR FINAL EIR RESPONSE TO COMMENTS ON DRAFT ENVIRONMENTAL IMPACT REPORT FOR VILLA CAPRI (SITE DEVELOPMENT PERMIT 06-875 AND TENTATIVE PARCEL MAP 35088 March 6, 2009 STATE CLEARINGHOUSE NO.200712009 AGENCY COMMENTS/RESPONSE TO COMMENTS The Response to Comments on the Draft EIR for the Villa Capri project has been prepared in accordance with Section 15088, 15089 and 15132 of the California Environmental Quality Act (CEQA) Guidelines. The following agencies and interested parties have commented on the Draft EIR. Please note that Section I contains verbatim comments from agencies and other interested parties, and subsequent responses. Section II contains the full text of commenting agency correspondence. SECTION I: AGENCIES/PARTIES PAGE A. Riverside County Fire Department 4 B. Time Warner Cable 7 C. Coachella Valley Water District 8 D. Native American Heritage Commission 9 E. Riverside County Transportation Department 11 F. The Robert Mayer Corporation 12 G. Department of Toxic Substances Control 16 H. California Regional Water Quality Control Board 19 SECTION II: A. Riverside County Fire Department B. Time Warner Cable C. Coachella Valley Water District D. Native American Heritage Commission E. Riverside County Transportation Department F. The Robert Mayer Corporation G. Department of Toxic Substances Control H. California Regional Water Quality Control Board m 2770 TN/City of La Quinta Villa Capri Final EIR to Comments on Draft EIR SECTION I RESPONSE TO COMMENTS The following verbatim comments were received on the Draft EIR transmitted to various public agencies and interested parties. These comments concern aspects of the Draft EIR, including clarification of information, adequacy of analysis, and similar issues. Related comments may occasionally be combined to allow one response to address these related questions. The following responses have been prepared to address issues raised in the agency/interested party comments. 771 7 TN/City of La Quinta Villa Capri Final EIR to Comments on Draft EIR A. Riverside County Fire Department A.1. Comment: The proposed project will have a cumulative adverse impact on the Fire Department's ability to provide an acceptable level of service. These impacts include an increased number of emergency and public service calls due to the increased presence of structures and population. The proponents/developers shall participate in the Development Impact Fee Program as adopted by the City of La Quinta to mitigate a portion of these impacts. This will provide funding for capital improvements such as land, equipment purchases and fire station construction. The Fire Department reserves the right to negotiate developer agreements associated with the development of land and/or construction of fire facilities to meet service demands through the regional integrated fire protection response system. Mitigation measures, as defined by the City of La Quinta, should be considered in order to help reduce these impacts to a level below significance. Examples of mitigation measures might include: • Developer participation in land acquisition and fire facility construction; • Equipment upgrade and/or purchase; • Participation in a fire mitigation fee program which would allow one-time capitol (sic) development; • Participation in the cost of adding additional personnel. A.1. Response: As described in the EIR, the proposed project will not have a significant impact on fire services. The project is located less than one mile from existing fire station #93, which will directly serve the project. The project will be required to pay Development Impact Fees, which include a component for the construction of fire facilities commensurate with the impact each project has on these facilities. Since the Development Impact Fee is based on a rational nexus analysis of the demand of future development and the cost of providing facilities, the Development Impact Fee will fully mitigate the impacts associated with fire facilities and equipment. As regards personnel needs, the City funds Fire Department personnel through its General Fund. General Fund revenues include property and sales tax. The proposed project will generate both of these taxes, and as is typical of most commercial development, is expected to positively impact the General Fund. Further, the provision of fire services to commercial projects generally has a lower demand than residential development. Therefore, it is expected that the proposed project's contributions to the General Fund will adequately fund fire personnel needs generated by the project. No mitigation measures are necessary, as the impact associated with fire services will not be significant. A.2 Comment: Costs necessary to maintain the increased level of service may be at least partially offset by taxes acquired by the new construction; however additional funding sources may have to be identified to cover any shortfalls. 4 772 TN/City of La Quinta Villa Capri Final FIR to Comments on Draft EIR A.2. Response: See response to comment A.1. A.3. Comment: All water mains and fire hydrants providing required fire flows shall be constructed in accordance with the appropriate sections of Riverside County Ordinance No. 460 and/or No. 787, subject to review and approval by the Riverside County Fire Department. A.3. Response: Comment noted. As part of the City's standard permitting procedure, the Fire Department will review all construction plans related to the proposed project as they are submitted, and will regulate fire flow and hydrant locations consistent with its standards. A.4. Comment: The proposed project land use would be a Category I — Heavy Urban. The 3 nearest Fire Stations that would respond to an incident are: The attached map identifies the Project Areas (sic) (Fred Waring Dr. cross of Washington St.) The 3 nearest Fire stations that would respond to an incident in the Proposed project Area:) RCO Station #93, La Quinta North, 44-555 Adams Street, La Quinta, CA RCO Station #55, Indian Wells, 44-900 El Dorado Dr., Indian Wells, CA RCO Station #81, North Bermuda Dunes, 37-955 Washington St., Palm Desert, CA All the above mentioned RCO Fire Stations are staffed full-time, 24 hours/7 days a week, with a minimum 3 person crew, including Paramedics, operating "Type - I" structural fire fighting apparatus. A.4. Response: Comment noted. A.S. Comment: Based on the adopted Riverside County Fire Protection Master Plan, the Category I — Heavy Urban specifies that a full alarm assignment be operating on the fire ground within ten minutes and the fire station to be located within 1.5 miles. The primary station serving this area would be within the 1.5 mile objective. From the above listed fire stations, the first unit should arrive within 2-3 minutes after dispatch, the second within 3-4 minutes and the third between 4-5 minutes. These times are approximate and meet the Heavy Urban Land Use protection goals. A.S. Response: Comment noted. 5 773 TN/City of La Quinta Villa Capri Final EIR to Comments on Draft EIR A.6. Comment: Current minimum staffing levels of 3 persons per responding unit presently meet existing demands. As with any additional construction within a response area, a "cumulative" increase in requests for service will add to the Fire Department's ability to provide adequate service. A.6. Response: Comment noted. See response to comment A.1. A.7. Comment: All buildings shall be constructed with fire retardant roofing material as described in Section 1503 of the California Building Code. A.7. Response: Comment noted. AX Comment: Please delete the following under the Fire Protection Section 1. Existing Conditions Riverside County holds that the fire department should maintain 500 square feet of fire station space for each 1,000 residents. A.8. Response: Comment noted. The sentence is hereby deleted. A.9. Comment: Provide access to all fire hydrants along all access routes within the project area and provide and maintain fire department vehicle access roads both on -site and off -site within the project boundary. Construction activities could result in traffic delays that could affect the ability of fire and emergency service units to meet response time goals within the project area. Temporary road closures, lane closures, or detour routes may impair response times by the fire department and other emergency service providers. Non fire related medical emergencies could temporary (sic) increase within (sic) the presence of construction workers and heavy machinery during construction of the project. Mitigation measures should be considered in order to help reduce these impacts to a level below significance. The California Fire Code outlines fire protection standards for the safety, health, and welfare of the public. These standards will be enforced by the Fire Chief. A.9. Response: Comments noted. Please see response to comment A. I. The City requires the preparation and approval of traffic management plans for all construction projects. These management plans include the preservation of traffic lanes to the greatest extent possible. The City, in its processing of the encroachment permits necessary for road improvements, coordinates with other affected agencies, including the Fire Department, as necessary to result in minimum impacts to those agencies. 6 774 TN/City of La Quinta Villa Capri Final EIR to Comments on Draft EIR B. Time Warner Cable B.1. Comment: I have reviewed your project area and found that we do have conflict in the area. However, we have been in close contact with Leonard R. St. Sauver, Assistance (sic) Engineer II. It has been established equipment and system will have to be moved. B.1. Response: Comment noted. The project proponent will be required to coordinate with all utilities to assure that no conflicts occur between the proposed project and existing facilities. 7 775 TN/City of La Quints Villa Capri Final EIR to Comments on Draft EIR C. Coachella Valley Water District CA. Comment: Page III-47, Groundwater Replenishment — Please revise the last sentence of the paragraph to read: "CVWD has also started a similar program in the southern portion of the Coachella Valley near Lake Cahuilla and in the Martinez Canyon area, southeast of La Quinta." CA. Response: Comment noted. The referenced sentence is hereby amended. C.2. Comment: Page III-73 Wastewater Collection and Treatment, Existing Conditions — Please revise the next to last sentence in the last paragraph to read: "WRP-4 is currently able to process a maximum of 9.9 million gallons per day (mgd)." C.2. Response: Comment noted. The referenced sentence is hereby amended. 87706 TN/City of La Quinta Villa Capri Final EIR to Comments on Draft EIR D. Native American Heritage Commission D.1. Comment: q Contact the appropriate California Historic Resources Information Center (CHRIS). The record search will determine: • If a part or the entire APE has been previously surveyed for cultural resources. • If any known cultural resources have already been recorded in or adjacent to the APE. • If the probability is low, moderate, or high that cultural resources are located in the APE. • If a survey is required to determine whether previously unrecorded cultural resources are present. � If an archaeological inventory survey is required, the final stage is the preparation of a professional report detailing the findings and recommendations of the records search and field survey. • The final report containing site forms, site significance, and mitigation measurers should be submitted immediately to the planning department. All information regarding site locations, Native American human remains, and associated funerary objects should be in a separate confidential addendum, and not be made available for public disclosure. • The final written report should be submitted within 3 months after work has been completed to the appropriate regional archaeological Information Center. The Native American Heritage Commission (HAHC) performed: • A Sacred Lands File (SLF) search of the project area of potential effect (APE): The results: No known Native American Cultural Resources were identified within one-half mile of the area of potential effect (APE). However the NAHC SLF is not exhaustive and local tribal contacts should be consulted from the attached list and the there (sic) are Native American cultural resources in close proximity. • The NAHC advises the use of Native American Monitors to ensure proper identification and care given cultural resources that may be discovered. The NAHC recommends that contact be made with Native American contacts on the attached list to get their input on potential project impact, particularly the contacts of the on the list. D.I. Response: Comment noted. A Cultural Resources Technical Report was prepared for the project. As part of the research procedures, the records and the electronic databases were reviewed. Included in this review, among others, was the California Historical Resources Information System. As part of the research procedures for the Cultural Resources Technical Report for the project, the Native American Heritage Commission was contacted and a sacred lands records search was completed and no Native American cultural resources were identified in the immediate project area. 177 TN/City of La Quinta Villa Capri Final EIR to Comments on Draft EIR D.2. Comment: � Lack of surface evidence of archeological resources does not preclude their subsurface existence. • Lead agencies should include in their mitigation plan provisions for the identification and evaluation of accidentally discovered archeological resources, per California Environmental Quality Act (CEQA) § 15064.5 (f). In areas of identified archaeological sensitivity, a certified archaeologist and a culturally affiliated Native American, with knowledge in cultural resources, should monitor all ground -disturbing activities. • Again, a culturally -affiliated Native American tribe may be the only source of information about a Sacred Site/Native American cultural resource. • Lead agencies should include in their mitigation plan provisions for the disposition of recovered artifacts, in consultation with culturally affiliated Native Americans. D.2. Response: Comment noted. The proposed project shall comply with the California Environmental Quality Act (CEQA). Mitigation measures included in the EIR require that a qualified archeologist be present to monitor any earth -moving activities. Reporting is a part of the mitigation measure. D.3. Comment: � Lead agencies should include provisions for discovery of Native American human remains or unmarked cemeteries in their mitigation plans. • CEQA Guidelines, Section 15064.5 (d) require the lead agency to work with the Native Americans identified by this Commission if the initial Study identifies the presence or likely presence of native American human remains within the APE. CEQA Guidelines provide for agreements with Native American, identified by the NAHC, to assure the appropriate and dignified treatment of Native American human remains and any associated grave liens. � Health and Safety Code §7050.5, Public Resources Code §5097.98 and Sec. §15064.5 (d) of the CEQA guidelines mandate procedures to be followed in the event of an accidental discovery of any human remains in a location other than a dedicated cemetery. D.3. Response: Comment noted. The proposed project shall comply with applicable Health and Safety Codes, Public Resource Codes and CEQA. DA. Comment: � Lead agencies should consider avoidance as defined in § 15370 of the CEQA Guidelines when significant cultural resources are discovered during the course of project planning. DA. Response: Comment noted. In compliance with CEQA, the proposed project shall consider avoidance if significant cultural resources are discovered during project development. ,. 107 7 6 'IN/City of La Quinta Villa Capri Final EIR to Comments on Draft EIR E. Riverside County Transportation Department EA. Comment: While the Transportation Department is concerned about the traffic impacts of the project on Washington Street and at the intersection of Washington Street/Hovley Lane, the Department concurs with the conclusions presented in the DEIR that mitigation measures in the form of lane additions along Washington Street and at the intersection would be infeasible. EA. Response: Comment noted. It 779 TN/City of La Quinta Villa Capri Final EIR to Comments on Draft EIR F. The Robert Mayer Corporation F.I. Comment: Mitigation Measure Number 3 under "Air Quality" ("MM3") provides that "all structures within the proposed project shall demonstrate energy efficiency which exceeds the standards of Title 24 of the Uniform Building Code by 20%." [EIR page III-21.j The EIR fails, however, to provide any analysis which would document the need, effectiveness or feasibility of this measure. In reviewing this requirement with the Project architects and construction staff, we have been advised that this requirement is not economically feasible within current technology. F.1. Response: The EIR clearly describes on page III-20 that the project will generate 7,458 metric tons annually of CO2e in greenhouse gas emissions. The EIR also includes, in Appendix H, the tables from which this data was derived. As the site is vacant, the proposed project will create 7,458 metric tons of new CO2e emissions. The project will therefore increase greenhouse gases. In accordance with the State's AB 32 requirements, the City is required to reduce its greenhouse gas emissions to 1990 levels by 2020. F.2. Comment: CEQA mitigation measures must be designed to reduce project impacts to a level of being less than significant. MM3 is designed to reduce impacts to air quality and climate change from the Project's operation. Yet the EIR's analysis shows that the impacts on air quality and climate change from the operation of the structures on the Project site is already negligible. Specifically, the EIR, at page III-20 describes the Project's impacts on climate change by stating: "The project's total GHG emissions at buildout represent .001 % of California's 2004 GHG emissions and 0.0001 % of the nations 2004 GHG emissions. The proposed project does not interfere with any of the goals set forth in AB 32 and is therefore not expected to have significant impacts on climate change and global warming due to the emission of greenhouse gases during project construction or operation. " In terms of Air Quality, the EIR describes the impacts from the Project's operation on page III-18 by stating: "The Air Quality Study, prepared by Endo Engineering, shows that operational emissions from stationary sources are negligible for all criteria pollutants except for ROG [reactive organic gases]. At buildout the project would contribute 3.29 pounds per day of ROG, which is well below the daily threshold of 75 pounds per day. Operational emissions from stationary sources at buildout of the proposed project are projected to have less than significant impacts on air quality as emission levels are well below established thresholds. " WA 780 TN/City of La Quints, Villa Capri Final EIR to Comments on Draft EIR It is clear, therefore, from the detailed analysis contained in the EIR that MM3 is not necessary to mitigate the Project's impacts to air quality or climate change and therefore MM3 lacks the essential nexus to the Project's impacts required under well settled Constitutional principals (sic). The impact on the Project from MM3 is clearly disproportionate to the Project's impact on either air quality or climate change, and therefore this mitigation measure fails the Constitutionally required "proportionality" test, and the mitigation measure should, therefore, be stricken. F.2. Response: The analysis of air quality impacts is divided in the EIR according to types of emissions. The traditional emissions, for which South Coast Air Quality Management District has issued thresholds, is described separately, both in the EIR (pages III-15 to III-19) and in the air quality study. However, the air quality study (Appendix C) did not include an analysis of greenhouse gases. Since this analysis is now required under CEQA, the greenhouse gas analysis was completed separately (Appendix H). The results of the analysis are summarized in the EIR, page III-20, separately from the traditional emissions. In order to achieve the required reductions in greenhouse gas emissions, every jurisdiction must implement greenhouse gas emissions reduction strategies. The mitigation measure is appropriate insofar as it is directed specifically to greenhouse gas emissions. Although no thresholds are yet available for greenhouse gas emissions, a reduction of 20% is reasonable to reduce the project's impacts on greenhouse gases, since all the project's greenhouse gas emissions will exceed the City's 1990 greenhouse gas levels, as the site has heretofore not generated greenhouse gases. F.3. Comment: The requirement to exceed Title 24 energy efficiency requirements by 20% is not required by any current federal, state or city statute or regulation. This requirement is not imposed on a city-wide basis, and therefore its imposition on this Project places this property at an unfair disadvantage, as compared to other similarly situated properties in the City. There is nothing unique about this Project which would warrant MM3 while similar measures are not warranted in all other projects in the City. In addition to lacking the nexus and proportionality required by constitutional law principals (sic), MM3 burdens this Project unfairly in a way that is unique in this City, and MM3 should therefore be stricken. F.3. Response: The City has a responsibility to meet the State's AB 32 mandates wherever possible, and through the EIR process, has identified a credible and feasible mitigation measure to help meet these requirements. It would be irresponsible for the City to ignore AB 32 requirements when a project is proposed on a vacant site which will clearly not meet 1990 greenhouse gas emission levels. In recognition of possible alternative interpretation and potential impracticality of enforcing MM3 as currently worded, MM3 is revised as follows: 13 781 TN/City of La Quinta Villa Capri Final FIR to Comments on Draft EIR "Unless determined to be an unreasonable hardship by the City Planning Director, all structures shall exceed the minimum standards set forth in the 2007 California Energy Code (Title 24, Part 6) by 20%. If it is determined by the Planning Director that compliance with this measure creates an unreasonable hardship, the measure may be reduced to the highest level determined feasible by the Planning Director but in no case shall it be reduced below the minimum standard set forth by the California Energy Code in effect at the time of building permit submittal." FA. Comment: The wording of MM3 specifically references the need to exceed Title 24 energy efficiency standards by 20%. If, in the future, Title 24 is amended to increase its energy efficiency standards, with the wording of MM3, the Project would be required to not only meet the new standards but to exceed them by 20%. Given that the 20% requirement has already made the Project economically infeasible, such an increase would seal its fate. We recognize that MM3 is designed to encourage energy efficient design, and we concur that energy efficient design is an important part of any project today. In fact, we believe that the marketplace will increasingly demand energy efficient design. However, selecting an arbitrary 20% margin for exceeding Title 24 standards without determining the feasibility of such a requirement, will not, with current technology result in an energy efficient project, it will result in no project. FA. Response: See response F.3., above. The revised mitigation measure language continues to encourage an energy efficient design that reduces the generation of greenhouse gas emissions from the project while also acknowledging flexibility should an unreasonable hardship be determined. Additionally, should the project be delayed, the revised mitigation measure language acknowledges that the Title 24 standard may change and ensures that the project will at a minimum comply with the standard set forth at the time of building permit submittal. As green technologies continue to improve, the cost to incorporate energy efficient measures into the construction process is diminishing, and thus the feasibility of the reductions will increase. The City's responsibility remains to reduce greenhouse gas emissions to meet the requirements of State law. F.5. Comment: The City's concern and commitment to energy efficient design is adequately protected by Mitigation Measure Number 2 under Air Quality ("MM2"), which requires that the Project: "Utilize sustainable building practices such as Leadership in Energy and Environmental Design (LEED) Green Building standards for building construction to the greatest extent possible. " [EIR, page III-21.] Unlike MM3, MM2 assures energy efficient design without making the Project infeasible. It also requires Project design to evolve with improvements in energy efficiency technologies. 14 782 TN/City of La Quinta Villa Capri Final EIR to Comments on Draft EIR F.S. Response: Mitigation measure #2 does not require the implementation of any specific reduction, and therefore does not have a direct effect on the project's greenhouse gas emissions. Mitigation measure #3, however, is designed to show a measurable improvement in the project's direct impact on the environment, and as such is appropriate. F. 6. Comment: Based on the foregoing, we would request that MM3 be stricken, or if the City intends to adopt energy efficiency standards in the future, to protect its ability to impose those standards, we would suggest that MM3 be modified to read as follows: "Each structure within the proposed project shall comply with the city- wide energy efficiency standards in effect for development in the City at the time that building permits for that structure are issued. " F.6. Response: Comment noted. The revised language for mitigation measure #3 is appropriate to meet its responsibilities to reduce greenhouse gas emissions to 1990 levels. In the absence of thresholds, a reduction of 20% is appropriate for this project, since the project will be increasing greenhouse gases in the City by 7,458 metric tons per year. 15 TN/City of La Quinta Villa Capri Final EIR to Comments on Draft EIR G. Department of Toxic Substances Control G.1. Comment: The EIR should evaluate whether conditions within the project area may pose a threat to human health or the environment. Following are the databases of some of the regulatory agencies: • National Priorities List (NPL): A list maintained by the United States Environmental Protection Agency (U.S. EPA). • Envirostor (formerly CalSites): A Database primarily used by the California Department of Toxic Substance Control, accessible through DTSC's website (see below). • Resource Conservation and Recovery Information System (RCRIS): A database of RCRA facilities that is maintained by the U.S. EPA. • Comprehensive Environmental Response Compensation and Liability Information System (CERCLIS): A database of CERCLA sites that is maintained by the U.S. EPA. • Solid Waste Information System (SWIS): A database provided by the California Integrated Waste Management Board which consists of both open as well as closed and inactive solid waste disposal facilities and transfer stations. • Leaking Underground Storage Tanks (LUST) / Spills, Leaks, Investigations and Cleanups (SLIC): A list that is maintained by Regional Water Quality Control Boards. • Local Counties and Cities maintain lists for hazardous substances cleanup sites and leaking underground storage tanks. • The United States Army Corps of Engineers, 91 Wilshire Boulevard, Los Angeles, California, 90017, (213) 452-3908, maintains a list of Formerly Used Defense Sites (FUDS). The EIR should identify the mechanism to initiate any required investigation and/or remediation for any site that may be contaminated, and the government agency to provide appropriate regulatory oversight. If necessary, DTSC would require oversight an agreement in order to review such document. Any environmental investigation, sampling and/or remediation for a site should be conducted under a Work plan approved and overseen by a regulatory agency that has jurisdiction to oversee hazardous substance cleanup. The findings of any investigation, including any Phase I or II Environmental Site Assessment Investigation should be summarized in the document. All Sampling results in which hazardous substances were found above regulatory standards should be clearly summarized in a table. All closure, certification or remediation approval reports by regulatory agencies should be included in the EIR. 16 734 TN/City of La Quinta Villa Capri Final EIR to Comments on Draft FIR GA. Response: As stated on page III-42 of the EIR, the project site does not appear on state databases of contaminated sites, and any hazardous material spill onsite or in the project vicinity would be cleaned up the Riverside County Fire Department's hazardous waste team. As stated on page III-43 of the EIR, the Riverside County Department of Environmental Health and the Fire Department have regulations in place, and a responsibility to monitor, for commercial use and sale of hazardous materials. The Solid Waste Management discussion on page III-71 of the EIR references the Integrated Waste Management Board as the source for information about area landfill permits and capacities, as well as the Edom Hill transfer station. G.2. Comment: If buildings, other structures, asphalt, or concrete -paved surface areas are being planned to be demolished, an investigation should also be conducted for the presence of other hazardous chemical, mercury, and asbestos containing materials (ACM's). If other hazardous chemicals, leas -based paint (LBP) or products, mercury or ACM's are identified, proper precautions should be taken during demolition activities. Additionally, the contaminants should be remediated in compliance with California regulations and policies. G.2. Response: Comment noted. The project site is vacant and no previous development is known to have occurred onsite. Therefore, the project does not require demolition of any kind. G.3. Comment: Future project construction may require soil excavation or filling in certain areas. Sampling may be required. If soil is contaminated, it must be properly disposed and not simply placed in another location onsite. Land Disposal Restriction (LDR's) may be applicable to such soils. Also, if the project proposes to import soils to backfill the areas excavated, sampling should be conducted to ensure that the imported soil is free of contamination. G.3. Response: Comment noted. See response to G.2. above. In addition, as stated in the Geotechnical Investigation, found in Appendix G of the EIR, the contractor shall notify the Soil Engineer at least 48 hours in advance of importing soils in order to provide sufficient time for the evaluation of proposed import materials. GA. Comment: Human health and the environment of sensitive receptors should be protected during the construction or demolition activities. If necessary, a health risk assessment overseen and approved by the appropriate government agency should' be conducted by a qualified health risk assessor to determine if there are, have been, or will be, any releases of hazardous materials that may pose a risk to human health or the environment. 17 785 TN/City of La Quinta Villa Capri Final EIR to Comments on Draft FIR GA. Response: Comment noted. See response to G.2. above. In addition, as stated on page III-43 of the EIR, the Riverside County Department of Environmental Health and the Fire Department have regulations in place that are designed to assure proper transport, use, and storage of hazardous materials in order to prevent the release or exposure of such substances to humans or the environment. G.5. Comment: If it is determined that hazardous wastes are, or will be, generated by the proposed operations, the wastes must be managed in accordance with the California Hazardous Waste Control Law (California Health and Safety Code, Division 20, chapter 6.5) and the Hazardous Waste Control Regulations (California Code of Regulations, Title 22, Division 4.5). If it is determined that hazardous wastes will be generated, the facility should also obtain a United States Environmental Protection Agency Identification Number by contacting (800) 618-6942. Certain hazardous waste treatment processes or hazardous material handling, storage, or use may require authorization from the local Certified Unified Program Agency (CUPA). Information about the requirement for authorization can be obtained by contacting your local CUPA. G.5. Response: Comment noted. As stated on page III-42 of the EIR, the regulation of hazardous materials at the project site is under the supervision of the Southern California Hazardous Waste Management Authority (SCHWMA), and the County of Riverside takes responsibility for the management, treatment and disposal of hazardous wastes within the City of La Quinta. Riverside County manages hazardous materials in accordance with the California Hazardous Waste Control Law and the Hazardous Waste Control Regulations. Development on the site will be subject to all applicable regulations governing the management, treatment and disposal of hazardous wastes. G.6. Comment: If the project area was used for agriculture, livestock or related activities, onsite soils and groundwater might contain pesticides, agricultural chemical, organic waste or other related residue. Proper investigation, and remedial actions, if necessary, should be conducted under the oversight of and approved by a government agency in the project area prior to construction of the project. G.6. Response: Comment noted. As noted in response G.2. above, the project site is vacant, and there is no evidence that any agriculture, livestock or related activities were ever conducted on the project site. G.7. Comment: In future CEQA documents, please provide the contact person's title and e-mail address. G.7. Response: The contact person, Stan Sawa, and his title and contact information were provided in Section I of the FIR. 18 786 TN/City of La Quinta Villa Capri Final EIR to Comments on Draft EIR H. California Regional Water Quality Control Board H.I. Comment: A National Pollutant Discharge Elimination System (NPDES) permit for storm water discharges associated with construction activities is required for projects disturbing one or more acres. An NPDES storm water permit is also required for projects that are part of a common plan and disturb more than one or more acres. H.1. Response: Section III-G. Hydrology and Water Quality of the EIR identifies the requirements of the National Pollutant Discharge Elimination System. Further, on page III-52 of the impacts discussion the EIR states "the proposed project will be required to implement NPDES standards during construction and operation." 19 TN/City of La Quinta Villa Capri Final FIR to Comments on Draft EIR SECTION 11 COMMENT LETTERS The following comment letters were received on the Draft EIR transmitted to various public agencies and interested parties. Comments restated in Section I are bracketed in this section and correspond to the comment numbers in Section I. 20 788 ATTACHMENT 8 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA February 24, 2009 CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:02p.m. by Chairman Ed Alderson who asked Commissioner Wilkinson to lead 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 Principal Planner Stan Sawa, Assistant Planner Yvonne Franco, Consultant Nicole Criste, and Executive Secretary Carolyn Walker. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: IV. CONSENT CALENDAR: Chairman Alderson asked if there were any changes to the Minutes of January 27, 2009. There being no changes, or corrections, it was moved and seconded by Commissioners Wilkinson/Weber to approve the minutes as submitted. Unanimously approved. V. PUBLIC HEARINGS: ---� A. Draft Environmental Impact Report Site Development Permit 2006- 875 Conditional Use Permit 2007-105, and Tentative Parcel Map 35088; a request by Mayer Villa Capri, L.P. for consideration of 1) Site Development Permit 2006-875, for approval of a Site Development Permit consisting of a retail and medical office complex on 25 acres to allow construction of approximately 234,450± square 789 P:\Reports - CC\2009\3-17-09\PC MIN_2-24-09_Draft.doc Planning Commission Minutes February 24, 2009 Ill feet of building area; 2) Conditional Use Permit 2007-105, to recommend approval to allow a convalescent/rehabilitation facility use; and 3) Tentative Parcel Map 35088 approval of a Tentative Parcel Map to divide 25± acres into ten parcels located on the north side of Fred Waring Drive, between Washington Street and Palm Royale Drive. Chairman Alderson opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any comments from the Commissioners. Commissioner Barrows commented on the questions included in the EIR; and asked if the conditions were incorporated by reference. Staff responded they were. Commissioner Weber asked for discussion/comment on the Public Works memo which was distributed at the meeting. Staff directed the Commission to Principal Engineer Wimmer who explained the conditions included in the memo. Commissioner Quill asked about the deceleration lanes. Principal Engineer Wimmer pointed out the location of the deceleration lanes and explained the changes discussed in the memo; including the correction to 87 feet. Commissioner Quill asked if there was only one deceleration lane on Fred Waring. Staff said yes. Commissioner Quill asked why there were not three deceleration lanes on Fred Waring. Principal Engineer Wimmer responded the traffic study prepared by the applicant was reviewed by staff and it was determined there was not a need for those decal lanes per the peak hour traffic count. The condition was written to include the right -turn lane on Fred Waring Drive, but none on the other two driveways. Commissioner Wilkinson asked how there could be 50 vehicles at the westerly entrance but not at the center and easterly intersection. Planning Director Johnson said a lot of it has to do with the different land uses and explained how the determination was made. 790 P:\Reports - CC\2009\3-17-09\PC MIN_2-24-09_Dratt.doc 2 Planning Commission Minutes February 24, 2009 DRAFT Commissioner Wilkinson asked if staff was referring to future not present traffic. Staff replied yes. The improvements are identifying the conditions of the decel lane and explained what would be included in the future traffic movement. Chairman Alderson commented there are two other contributing factors; one being a signal at Palm Royale Drive, and the other being the medical driveway, which would not get the use a commercial driveway would. Staff confirmed the commercial would be a higher usage than the medical driveway. Staff introduced Consultant, Nicole Criste, who was the author of the draft EIR. She stated the comment period was still ongoing. All of the comments made tonight would be editorial and administrative and have no impact on the analysis. They would be added to Ms. Rose's comments. Chairman Alderson asked if the grocery store was to be included in the project. Staff said it was still proposed to be a grocery store. Chairman Alderson asked if there were any questions of staff. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Larry Brose, Mayer Corp., introduced himself and gave some background of his firm. He went over some of the slides that had been presented and pointed out the retail from the commercial sites. Larry Brose said staff had comments about the density of the retail site and that is why the layout had been changed to include an angle for the market site. He added they pushed the drug store back. He commented on the driveways and the decel lanes. He said they all met the City's standards. He pointed out where the delivery trucks would be entering and exiting. He wanted to point out the improvements on Fred Waring and the fact they would be able to save some of those improvements. They did look at this as one site through the use of shared elements and design standards; with the idea being it would appear to be one project, not two. Mr. Brose commented on the design, which was done by Prest-Vuksic P:\Reports - CC\2009\3-17-09\PC MIN_2-24-09_Draft.doc 3 791 Planning Commission Minutes February 24, 2009 DRAFT Architects, made note of the desert contemporary four sided architecture with pop out walls and design elements of the buildings which created spirit and excitement in the development. He commented on the CVS pharmacy and the Living Waters Medical/Professional Center and gave a little background of the medical tenant. The center building would be two stories. He described the architecture which included recessed elements and said the architectural style was well suited to the desert environment. Mr. Brose said he had concerns regarding condition of approval 91 of the Site Development Permit application addressing the height of the medical building in the back, closest to Palm Royale Drive. The condition eliminated the second story of the building, thus reducing the floor area by ten percent and imposing possible affects on the economic viability of the project. The applicant was looking at the reasons why and studied the impact of the building on the neighboring residential developments. He pointed out to the Commission that the building was set back a lot further than required, the protection the existing wall provided, which backed up to the residences, and gave examples of the view from a line of sight fir each of the first four residences and the impact on each home. He also explained what the view would be from Palm Royale and Rome Drives. They asked for the condition that this be a single story building be removed and they be allowed to build a two story building. Mr. Brose said the second condition of approval for the Site Development Permit application he was concerned about was number 41 addressing the required offsite improvements for the projects identifying what they were and when they were to be installed and whether the City or the applicant was responsible for the improvements. He explained the language used for the condition was a bit open-ended and gave room for interpretation. He asked the Commission to modify the language establishing that the applicant be reimbursed for costs incurred on installing improvements that other parties are conditioned for. Mr. Bross addressed condition of approval 65 for the Site Development Permit application and requested the condition be changed to: the city will issue final occupancy permits of habitable PAReports - CC\2009\3-17-09\PC MIN_2-24-09_Draft doc ' 4 792 Planning Commission Minutes February 24, 2009 DRAFT structures when streets and sidewalks are improved. He explained they needed to obtain the temporary certificate of occupancy in order for the buildings to be fixtured and be able to put in the interior workings of the building. Mr. Brose commented on condition of approval 80 for the Site Development Permit application stating that the commercial complex and medical office complex projects shall be considered separate projects for plan checking. He noted the two projects were linked with regard to grading, the installation of the backbone utilities infrastructure and streets. He said it would be more efficient to submit only one set of final design/engineering plans for review for both projects instead of two separate sets of plans which could possibly create some conflicts in terms of synergy and timing during the review process. Thus, he requested the condition be eliminated. Mr. Brose addressed condition of approval 98 for the Site Development Permit application asking the Commission to clarify the location of the entry monument sign for the project. He explained there was an inconsistency in the staff report requesting the sign to be placed on the northeast corner of Fred Waring Drive and Washington Street. However, the applicant found it more feasible if the sign was placed on the southeast corner instead. Mr. Brose expressed a concern with Mitigation Measure 3 of condition of approval 101 for the Site Development Permit application requiring all structures within the proposed project to demonstrate energy efficiency exceeding the standards of Title 24 of the U.B.C. by twenty percent. He said the EIR study addressed the air quality impacts and it was established there were significant impacts during the construction of the project, but not during its operation. He asked the Commission to reconsider the condition and hold the applicant liable only to the established building codes at the time the building permit is issued. He noted there was no City policy to justify imposing an arbitrary twenty percent standard over Title 24. He felt these were onerous and arbitrary and explained why. Mr. Brose discussed the water features. He said the half moon fountain was the focal point of the Living Waters Medical Center. The water features are no more than twelve inches deep with a sheer wall to minimize evaporation. He said he did not have the pump standards and efficiency levels, but he assured the Commission that at the minimum the water features would meet the city's water efficiency 793 P:\Reports - CC\2009\3-17-09\PC MIN_2-24-09_Draft doc 5 Planning Commission Minutes February 24, 2009 DRAFT standards. Mr. Brose said he would like to have Mr. John Vuksic address an eighteen inch height discrepancy with the CVS building as it was not his expertise. Mr. John Vuksic, Prest Vuksic Architects, 46311 Goldenrod Lane in Palm Desert, referenced condition of approval 96 for the Site Development Permit application addressing the 27-1/2 feet height of one of the architectural elements of the drug store; which was requested to be 26 feet. When it was designed they used 27-1/2 feet since it was well balanced with the two adjacent elements and aesthetically pleasing in terms of the three dimensional quality of the building. He then explained the design elements of the building and why the height was necessary. He requested the Commission leave the element at 27-1/2 feet. Mr. Brose said the above were all of the applicant's concerns and noted his whole team was there to answer questions the Commission might have. Commissioner Barrows asked what energy efficiency efforts were going to be used. She expressed her concern with the amount of glass on the building and the fact that the plans did not indicate that it was protected by any shading structures; neither did the landscaping provide any coverage. She noted the project was not pedestrian - friendly and wanted to gain insight on how the pedestrian scale of the project could be enhanced. Mr. Brose commented on the pedestrian scale. He said staff had asked them, early on in the process, to incorporate a pedestrian friendly connectivity and ambiance between the two projects. He pointed out various features in the commercial site which would draw the pedestrians from the medical to the retail side; as well as the nearby neighborhoods. He added there was a full ADA access accommodated in the project. He noted it is not a lifestyle center, it is a neighborhood center. Commissioner Barrows asked how the medical portion of the project would enhance the retail portion of the project. Mr. Brose commented the design of the architecture and the landscaping of the project was planned in a manner to reduce the visual mass of the building and make it more inviting. P.\Reports - CC\2009\3-17-09\PC MIN_2-24-09_Draft.doc "^ 6 794 Planning Commission Minutes February 24, 2009 DRAFT Commission Barrows said the water feature in the entry area on the east side did not have a function as it didn't have the appropriate landscaping or design to attract interactive connectivity with the patients or patrons of the center. She commented the landscaping of the Living Waters Medical Center building entry area needed to be enhanced. Mr. Brose said her comment had been noted. He explained the name of the company was Living Waters and the use of the water feature blended in with the name. Commissioner Barrows said it seemed like all the rehabilitation took place inside the building and she felt the outer grounds area around the water should be enhanced and made pedestrian friendly. Commissioner Quill stated he had the exact same comment. He explained the Commission was not favorable of water features that have no purpose and just look good. He said the fountain was inaccessible and served no benefit to the pedestrians and patients walking around the building. He added the one at the other corner was even less accessible and he suggested the use of a piece of artwork which would be lower in maintenance costs and would create the same aesthetic affect. Commissioner Weber suggested moving the water feature closer to the entrance of the building where it would be more interactive. Mr. Al Burghard, Principal with Burghard Design Group located in Menifee, CA. Mr. Burghard addressed the central water feature and that it was placed in a way so that it would be the focal point when you enter the medical facility from Fred Waring Drive. Secondly, he noted its use as a security feature in that if someone came into the driveway and picked up speed they would not be able to enter the building. With regard to enhancing the entry area and making it more pedestrian friendly, Mr. Burghard pointed to a grouping of plants by the front which he explained were raised planters with seating areas all the way around them, as well as the seat wall around the front side of the water feature. Chairman Alderson asked staff to show slides of the water features. Mr. Burghard pointed out where the seating was and the areas PAReports - CC\2009\3-17-09\PC MIN_2-24-09_Draft.doc .. I % y 9 5) Planning Commission Minutes DRAFT February 24, 2009 surrounding the water features. Chairman Alderson echoed Commissioner Weber's suggestion of making the water feature multi -purpose by moving it closer to the building, taking it out of the traffic circle to make it accessible to pedestrians without having to go trough traffic. Mr. Burghard said the suggestion had been noted and would be taken into consideration. Commissioner Barrows expressed her concern that the water feature in its current design would use and pump a lot of unnecessary water and provide no benefit as it was surrounded by driveways. She gave an example of a sculpture used in the project with water coming down which would give a similar effect, but the water use would be a lot more conservative. She reiterated that the Commission's desire was to have the water feature be part of a park life feeling, or not be there at all. Mr. Burghard acknowledged her concern and explained the water feature was only twelve inches deep, the water would be circulating constantly and the evaporation would be minimal. Commissioners Barrows and Quill said they would be interested in seeing some redesigns of the water features. Mr. Burghard addressed the energy efficiency of the building. He said the new building codes were effective as of January, 2008 and would stay in effect for at least two years. He stated their goal was to always exceed the requirements of Title 24 whenever possible, but exceeding them by twenty percent was very difficult. He said the materials and building designs that would be used would allow them to exceed Title 24 by approximately ten to fourteen percent. He described the different energy efficiency efforts they had made on this project. Commissioner Barrows asked about the shade requirement on the second story windows. Mr. Burghard explained the heat would be mitigated substantially by the fact that the windows were set back four feet and through the use of "E" glass. The windows on the first level already have shade devices. Commissioner Barrows inquired about the large expansive glass in the central area. Mr. Burghard replied there was a two-story lobby on the P:\Reports - CC\2009\3-1 7-09\PC MIN_2-24-09_Draft.doc 9 796 Planning Commission Minutes February 24, 2009 rOrt_12r south side and the glass would extend all the way up to the roof. He explained they mitigated the heat by designing the roof to overhang the face of the building by a substantial margin. Commissioner Weber asked if the applicant was referring to having package roof systems for HVAC and if so what were the calculations or if they had looked into any of the incentives offered in regards to energy efficient building. Mr. Burghard replied the engineering had not yet been started for the project. Commissioner Weber stated the City of La Quinta was trying to be a model in regards to energy efficient building. He said Title 24 would be subject to an increase by the end of the year. He commented on the water feature agreeing with Commissioner Barrows that it needs to be made accessible to pedestrians and that would not be possible if the fountain remained in the location that it currently was. He suggested the use of a raised median with Art in Public Places in place of the fountain. Commissioner Weber said he had questions regarding the covered parking. Mr. Burghard replied the design on the shade structure had not yet been initiated; however, he would be working closely with staff to ensure compliance. Chairman Alderson asked if the shade structures design would be submitted along with the Final Landscaping Plans. Mr. Burghard said he was not sure if they would be submitted at the same time. Usually, the shade structure lags a little bit behind. Commissioner Weber encouraged the applicant to consider possibly incorporating solar into the shaded parking structure. He inquired about the mass transit accessibility, the way the patients would be arriving to the facility and about the fact that the number of parking spaces exceeded the requirements. Mr. Burghard explained the reasons the rehab facility located at the flagship building was over parked. Commissioner Weber asked about the medical component of the project, since the tenants have not yet been identified, whether or not it was a partnership, a hospital affiliation, or if it was still waiting in the wings? Mr. Brose replied the negotiations needed to be kept confidential. P:\Reports - CC\2009\3-17-09\PC MIN_2-24-09_Draft.doc 1. 9 797 Planning Commission Minutes February 24, 2009 f 17:7_1 M Commissioner Weber asked if a Certificate of Need would be required to establish the outpatient surgery center. Consultant Criste said the Certificate of Need was not required. Commissioner Weber inquired about public transportation accessibility, and senior citizens' and neighborhood children's accommodations. Mr. Brose said the applicant had been in contact with SunLine and explained where the bus stop would be located. He added they would be adding anything required by code. He also pointed to the ADA access points and stated that bike racks would be provided as well. Commissioner Wilkinson asked about the twenty percent efficiency and the potential solar on the parking structure and whether or not there were any provisions for the solar application on roofs. Mr. Brose replied they would do what the code required and that they had not gotten that far down the road on design. Commissioner Wilkinson encouraged the applicant to use solar as it would be a step in the right direction. Commissioner Wilkinson asked Mr. Brose to explain his comments on condition 98. Mr. Brose asked the site plan of the project be displayed and showed the possible corner locations for the sign. Planning Director Johnson said the General Plan identified an entry sign at the northeast corner; however, staff concurred with what the applicant brought forth that the southeast corner would be the most appropriate site for the entry sign. He mentioned that on the southeast corner the City did not have sufficient right-of-way or public area for it. Commissioner Quill asked if the City could acquire the space for the sign. Staff explained the situation and the procedures which would have to be followed to allow for the monument sign. Chairman Alderson asked if the applicant would be financially responsible for acquiring the additional right-of-way and for placing the sign in the future. Planning Director Johnson explained the steps which would be taken to acquire the sign. Commissioner Wilkinson noted he was having a difficult time getting past the omission of the deceleration lane at the intersection of Fred P \Reports - CC\2009\3-17-09\PC MIN_2-24-09_Draft.doc 10 798 Planning Commission Minutes February 24, 2009 DRAFT Waring and Palm Royale Drives. He felt the decal lane was necessary. He commented on the daily traffic situation in the area and questioned the justification for not requiring a decal lane be put in. He was very concerned about the possibility of accidents in the area due to the great amount of traffic and the hazard of not having the decal lane. Commissioner Quill echoed Commissioner Wilkinson's concern in regards to not requiring that a decal lane be put in. He gave the JFK Center on Washington Street as an example as it was the same exact use and commented on the fact that there should have been a decel lane. He said that based on the traffic study submitted a decel might not be required, but a different study might indicate otherwise. Commissioner Wilkinson noted he shared the same concerns regarding the water features as the other Commissioners because it was pedestrian friendly. Commissioner Quill stated he had already voiced his concerns and he would not approve the water feature in its current design. He said it needed to be pedestrian friendly, multi -use water feature, and it should be reduced in surface area, pumping capacity and water consumption. Commissioner Quill asked if the tenants had already been identified. Mr. Brose replied the leases were in the works, but currently nothing had been executed. Commissioner Quill questioned the phasing of the projects and what was scheduled to go in first. Mr. Brose explained there would be mass grading on both project sites and the backbone utilities infrastructure installed at the same time. Commissioner Quill asked if all the parking would be paved at that time. Mr. Brose replied the underground storage would have to be built first which might trigger the build out of the parking in the early phases. He explained the smaller tenant did not want to move in until the bigger tenants were already in. Also, they still needed to work on the final engineering, the mapping, and putting all of the documents together in order to obtain the final approvals from the city. Mr. Brose explained how the leasing of a commercial center is usually done. He then laid out the plans they would follow to build the center. He said there would be a major grocery store going in and CVS was ready to go in as well. Also, they were in communications P-\Reports - CC\2009\3-17-09\PC MIN_2-24-09_Draft. doe 11 799 Planning Commission Minutes February 24, 2009 DRAFT with the medical entities. Chairman Alderson voiced a concern that the architect had provided elevations only on the two-story medical building and none for the other buildings. He emphasized the importance of coordinating closely the architecture for the rest of the buildings in both the commercial and the medical centers. He referenced lots seven and eight of the medical center where the retention basin was located and asked if the applicant could put in amenities and make it a people friendly environment. Mr. Brose replied that it would be complimentary. Commissioner Alderson asked if there would be any legal ramifications with having the retention basins split across two different lots. Mr. Brose said he was not aware of any. Commissioner Alderson suggested fencing the retention basins along the public sidewalk to keep kids walking by from entering. He commented on the wrought iron fence in the area. Mr. Brose said he would prefer not fencing the retention basin. He said it was prison - like with the existing fencing in the adjacent areas. Commissioner Alderson said he was only referring to the area of the retention basin and there was some public liability involved. Commissioner Weber asked if there was a significant elevation change. Mr. Brose pointed out where the retention basin was and there was a difference of about five feet. Commissioner Weber said fencing the retention basins was a good suggestion. Commissioner Alderson stated staff had suggested either a berm or a thirty inch high screen wall around the perimeter of the property which had not yet been discussed. He said the Commission would like that the wall is there. Mr. Brose asked if he was referring to screening the parking lot. Planning Director Johnson clarified that it was condition 83 and it was regarding fencing the parking lot wherever it was up against the perimeter property line. Commissioner Alderson asked Consultant Nicole Criste to explain her interpretation of Title 24 and the twenty percent mitigation measure. Consultant Criste said the twenty percent mitigation measure was not tied directly to the traditional air quality analysis, but rather to the P:\Reports - CC\2009\3-17-09\PC MIN_2-24-09_Draft doc •• 12 80 0 Planning Commission Minutes February 24, 2009 DRAFT greenhouse gas analysis included in the EIR. Thresholds have not yet been identified by the state, but some of the transportation related programs addressing reduction of greenhouse gases are ranging in the twenty percent range. Further, under AB32, the city is required to lower its greenhouse gas emissions to 1990 levels by 2020. This is why the twenty percent mitigation measure was included. Commissioner Weber commented the above was also in relation to SB375. Consultant Criste said SB375 was more transportation related. This mitigation measure was purely to address greenhouses gas emissions associated with the project relating to AB32. Chairman Alderson asked if the ten percent proposed by the applicant was sufficient. Consultant Criste replied that any reduction over Title 24 was a positive reduction. If the applicant believed they can accommodate fourteen percent as indicated, she suggested changing the condition to reflect fourteen percent. Commissioner Barrows asked if the change in the percentage of the mitigation measure would have an impact on the conclusions of the EIR and if reducing it would be sufficient to meet the new thresholds. Consultant Criste replied the reduction would not require the re- circulation of the EIR and since there weren't any current thresholds there wasn't a set mitigation percentage. Commissioner Barrows inquired about the EIR and some of the emission reduction opportunities. She said she would like the project to be designed to incorporate public transportation opportunities and asked if that was a mitigation measure. Consultant Criste replied the mitigation measures included a whole menu of potential strategies, ranging from transportation management strategies to grading strategies designed to be implemented to the greatest extent possible. Commissioner Weber said the electricity utility did have design assistance for any new building. This was a new construction energy efficiency program encouraging for ten percent reductions above Title 24, which also were accompanied by financial incentives. He said he was pleased that the utility was moving forward in that direction and was providing opportunities to make the mitigation a lot easier to obtain. Chairman Alderson asked about design and color of the awnings on the front of the buildings. Planning Director Johnson replied the PAReports - CC\2009\3-17-09\PC MIN_2-24-09_Draft.doc 1. . 13 � 1 Planning Commission Minutes February 24, 2009 DRAFT developer was conditioned to identify the color palette that would be available for the tenants to choose from and that awnings be established on all of those locations. The tenants would have to adhere to an administrative review prior to installing the awnings. There is a strong aesthetic value but also a strong shading value. Commissioner Barrows questioned if the significant amount of extra parking provided by the developer above the 415 spaced required by the City. She suggested the parking spaces be reduced and the space be used for outdoor amenities instead. Mr. Brose responded the plan has gone through a lot of iterations. On the retail side there were very strict parking requirements; so we have some tenant considerations. On the medical side the difference was due to the change in use of the building from medical to a rehabilitation center. Mr. Marvin Roos, MSA Consulting, explained the city's parking requirements for a medical use. He said the code did not specify parking requirements for a rehabilitation center. He described their philosophy and layout of the parking. He added they increased the size of the retention basin and that the extra parking had bee apportioned throughout the site. He said they found the projects to be adequately parked and explained why. Commissioner Barrows commented that she quoted the wrong number of extra parking spaces earlier and that in fact the actual number was quite significant. She said the extra unnecessary parking took away from the field of the project and did not encourage the use of other types of vehicles and the pedestrian atmosphere the Commission was pushing towards. Chairman Alderson noted that if the designated use of any of the buildings were to change in the future the applicant would already have accommodated the possibly greater parking requirements. Staff explained what would happen if one of the building uses was changed. Staff suggested the applicant be permitted to ensure enough spaces to allow that possibility and explained the calculations of the parking areas. Chairman Alderson asked if Staff was referring to the alternative use. Staff gave an explanation of how the parking requirements had changed. P:\Reports - CC\2009\3-17-09\PC MIN_2-24-09_Draft.doc 14 8132 Planning Commission Minutes February 24, 2009 DRAFT Commissioner Alderson asked if the calculations covered both projects. Staff responded it did and then explained the parking calculations. Commissioner Barrows wanted to clarify that on the medical side there would be an excess of 134 parking spaces. Staff confirmed. Commissioner Quill asked the applicant if they would comply if the Commission conditioned them to relocated the water feature. Mr. Brose replied he would concede to the water feature located at the corner of Fred Waring and Washington Drives. He said they would be flexible. Commissioner Quill asked if the applicant agreed to present to the Commission the re -designed water features. Mr. Brose replied he would as long as they could move forward with the project at this time. Planning Director Johnson said the Commissioner had the authority to decide whether it would be an administrative approval or if they would like it to come back to the Commission as a business item. Chairman Alderson mentioned the perimeter wall. Mr. Brose asked if the final landscape plans would be coming back to the Commission. Staff clarified. Chairman Alderson asked if there was any public comment. Mr. William Brogan, 43820 Milan Court, La Quinta, CA. He lives directly across the street from house three shown as an example earlier. He said he had a longer line of sight with a smaller angle and explained how the second story of the building would affect him. He added, the further you go back the more you can see. He requested the Commission not allow the second story to remain. 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 Wilkinson said he didn't have other concerns other than the ones discusses which included the water feature and the deceleration lane on Fred Waring. The issue with the line of sight in regards to the two-story element of the building, he wasn't sure what P \Reports - CC\2009\3-17-09\PC MIN_2-24-09_Draft.doc "••t$ 8 0 n Planning Commission Minutes February 24, 2009 DRAFT the impact would be as he didn't know what vegetation would be included. He emphasized his biggest concern was the deceleration lane and asked if staff was satisfied with that condition. Principal Engineer Wimmer replied the traffic study had been reviewed and approved by the Public Works department and the identified threshold did not require a deceleration lane. The Commission could look into seeking advice from Council to condition this or request the applicant to change the plan. Commissioner Quill referred to the dual glazed tinted windows used for the two-story lobby at the Living Waters Medical Center. He wanted to find out if the addition of awning would even make a difference. He asked if additional shading would have an impact if the quality of the glass is that high already. Because if it wouldn't he did not want to continue asking applicants and developers to install them in the future. He had further comments on shading, awnings, and architectural integrity. Commissioner Quill stated his three big concerns with the project at hand were the re -design of the water feature in front of the Living Waters Medical Center, the deceleration lane on Fred Waring Drive, especially because the turn would be after a signal, and he was pleased the applicant agreed to replace the corner water feature with a possible Art in Public Places feature. He said he did not have a problem with the height of the building extension exceeding the 26. Commissioner Barrows said she would like to see a deceleration lane as, from common sense point of view, the traffic in the area would become a problem. She noted the applicant's efforts to provide for pedestrian pathways, but her concern was that she didn't see anywhere on the project site pedestrian opportunities. She said the trend the City of La Quinta was trying to go forward with was a multi- use type facility enhancing public spaces that would encourage people to go to them. She did not like the idea of keeping the extra parking spaces instead of using them to build pedestrian scale, public -friendly gathering areas. She said she supported a limited water feature with an opportunity for folks to enjoy it. She would like to see the re- designed plans come back to the Commission for review. She suggested the applicant take advantage of the natural desert dunes and shape them into perimeter mounds rather than installing a wall or berms. PaReports- CC\2009\3-17-09\PC MIN_2-24-09_Draft.doc 804 16 Planning Commission Minutes February 24, 2009 DRAFT Commissioner Weber complimented the general layout and the building style of the project. He said the water feature needed to be moved back closer to the building, it needed to be more interactive, and the volume needed to be mitigated to comply with energy efficiency and environmental stewardship. He said he appreciated the public comment regarding the line of sight and expressed his hope that staff and the applicant would look into the issue and find a way to mitigate the impact so that his residence is not adversely affected. Commissioner Weber said he agreed a deceleration lane was needed from a safety standpoint. He stated he would like to allow the applicant to build the second story of the building, but at the same time he was sensitive to the line of sight issue and was hopeful that it could be worked out. He mentioned condition 41 regarding reimbursement of additional off -site improvements and said staff needed to weigh in on it. He addressed the sign location issue and said it would be more appropriate to have it at the location proposed by the applicant, but that would be a problem if the necessary property for that could not be secured. Commissioner Weber said he was pleased with condition 101 regarding air quality and its requirement for a greater level of compliance with Title 24. He stated he agreed with Commissioner Quill that the change in the height of the building extension from 26 feet to 27 '/2 was not significant. He touched on condition 80 and asked for staff's input whether or not two sets of plan checks were necessary or if the applicant could be accommodated and required to submit only one set. Commissioner Weber said he agreed with Commissioner Barrows on her concerns regarding the walkability, sustainability, and environmental stewardship of the project as he hoped for it to stand the test of time twenty years from now. Chairman Alderson thanked everyone for their patience. He said this was a very complicated and important project for the City of La Quinta and the Commission wanted to ensure that it was reviewed well. He concurred with Mr. Brose that it would be a good idea for the temporary occupancy permit to be issued earlier. Chairman Alderson commented regarding condition 81 asking for the plans for the two projects to be plan checked separately. He said if he PAReports - CC\2009\3-17-09\PC MIN_2-24-09_Draft.doc 17 8,1 S Planning Commission Minutes February 24, 2009 DRAFT plans were ready to be submitted, he did not see a problem to do the plan check on both projects simultaneously. He stated he was pleased with the mitigation measures exceeding Title 24 requirements. Chairman Alderson mentioned that the photometrics for the parking lot lighting were not available at this time, but they would be submitted at a later time. Planning Director Johnson said that was currently conditioned to be an administrative review of the fixtures and of the photometric plan. Chairman Alderson said he concurred with the other Commissioners on the comments regarding the water feature. It needed to be pulled back closer to the building and re -designed. He wanted the Commission to review it again along with the final landscaping plans for the project sites. Staff noted the Commission would have to recommend to Council to add the condition for the project to come back to the Commission for a second review. If the condition was upheld by Council, the project would be presented to the Commission as a business item. Commissioner Alderson commented that the deceleration lane was a very good idea and would allow patients and patrons to move into the deceleration lane. Commissioner Alderson said placing the sign at the location proposed by the applicant was a great idea. He asked if the Commission should condition them to place it there, would it impose a financial obligation or would it be just a suggestion. Planning Director Johnson replied the condition currently was encumbering the applicant to merely secure the corner space for a sign to be established, it did not pose any financial obligation. He added this condition was a matter brought forward a couple of years ago when it was considered by the ALRC. He said when staff recently revisited the matter, as stated earlier, staff concurred with the applicant's position. The issue, as pointed out by Commissioner Weber, was that the City did not have the area nor the sign designs established. Chairman Alderson said depending on the Commission's and Council's decisions, at some point in the future staff would have to come up with a sign design and the funds to establish the signs, but it would not be something that would transpire in the next couple of years. P \Reports - CC\2009\3-17-09\PC MIN_2-24-09_Draft.doc •18 806 Planning Commission Minutes February 24, 2009 DRAFT Chairman Alderson asked about the entry sign contemplated by Council to be placed on Washington Street. Planning Director Johnson referenced the two large entry signs on the east and west city limits located on Highway 111. He explained that other than those two the City did not have other entry signs except for the standard two -toned green signs. Therefore, the City would have to work something out in the future. Chairman Alderson thanked the applicant for being flexible and agreeing to change out the corner fountain with an artwork. Mr. Brose wanted to make a comment. Chairman Alderson said the public hearing portion of the meeting was closed. Assistant City Attorney Houston informed the Commission that the public hearing could be reopened. Chairman Alderson reopened the public hearing. Mr. Brose asked if the Commission was going to make a recommendation on the two-story building and in regards to Title 24. Chairman Alderson replied the recommendations would be made in the upcoming hearing. Chairman Alderson closed the public hearing. Planning Director Johnson wanted to clarify that the Commission could comment on the mitigation measure, they could not make a definitive recommendation and take any formal action on the draft EIR. Consultant Criste said her comments were in the same line as staff's. She asked if the Commission wished to make a recommendation to make it separate from their motions on the project and she asked they include in the recommendation that any change to the mitigation measure does not represent a significant change in the mitigation measures proposed, and, therefore, would not require recirculation of the document. Assistant City Attorney Houston urged the Commission to speak slowly and clearly when moving and conditioning in order to ensure that the court reporter records everything accurately. Commissioner Quill asked if the first consideration was a resolution recommending the approval of the EIR. Chairman Alderson replied it 1. 807 P.\Reports - CC\2009\3-17-09\PC MIN_2-24-09_Draft.doc 19 Planning Commission Minutes February 24, 2009 DRAFT was not. Staff clarified the first consideration was Site Development Permit 2009-006. Commissioner Quill asked if the conditions of approval were only for the parcel map and they should be addressed there. Planning Director Johnson replied there were 101 conditions relative to the site development permit. He added for clarification that the Commission was not to take any formal action or request any formal action on the draft EIR. It would only be identified as a finding and that the draft EIR was considered by the Commission, but the draft EIR process was still open until Friday. He explained Council would be taking the final action on the EIR. The Commission could make recommendations for Council tonight, but it was not a requirement. Commissioner Weber asked staff for clarification on whether or not condition 80 regarding the two separate plan checks on both projects was an issue. Staff replied it was not an issue and suggested modifying the condition to state "may" instead of "shall" giving the applicant the opportunity to separate the projects if need be in the future, instead of just deleting the condition all together. Commissioner Weber commented on the phtometrics. He said the Commission needed to be very sensitive about the light sources being in such a proximity to the adjacent neighborhoods. Commissioner Quill said the city's ordinance on photometrics was very solid and dealt with the issue in dept. He stated as long as the applicant complied with the city's ordinance he felt comfortable. Staff said that additional language was included requiring shielding for perimeter fixtures and as Commissioner Quill identified, the ordinance was very good and definitive with regards to the thresholds as the light trespasses off the site. He added the Commission would be seeing in the not very distant future an update in the lighting ordinance. There was no further discussion and it was moved and seconded by Commissioners Quill/Wilkinson to approve Resolution 2009-006 recommending approval of Site Development Permit 2006-875 with the following conditions and adjustments: 1. Condition number 89 shall be amended to read: The medical complex water feature shall be re -designed to be more water efficient, use less energy, and be more PAReports - CC\2009\3-17-09\PC MIN_2-24-09_Draft.doc 2F 8 13 8 Planning Commission Minutes February 24, 2009 DRAFT interactive with the general public, pedestrians, and other people using the facilities. The final plans for the water feature shall be included in the final landscaping plans submitted to the City and shall be reviewed by the Planning Commission as a business item prior to approval by the Planning Director. 2. Condition number 98 shall be amended to read: The proposed water feature at the northeast corner of Washington Street and Fred Waring Drive shall be removed and, in its place, an art piece shall be explored, as part of the City's Art in Public Places Program. 3. Condition number 91 shall be deleted. 4. Condition number 65 be amended to read: "The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to public -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. Temporary occupancy permits, solely for the purposes of allowing fixture interior improvements will be allowed." 5. Condition number 41.13. shall be amended to read: "Construction additional off -site improvements required for development of this project, subject to the reimbursement of its costs by others." 6. Condition number 41.E., 2nd paragraph shall be amended to read: "In the event that any of the improvement which this project is conditioned to provide required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the project's proportionate share of the costs of such improvements to the satisfaction of the City Engineer." P \Reports - CC12009\3-17-09\PC MIN 2-24-09 Draft.doc - 21 -, Planning Commission Minutes DRAFT February 24, 2009 7. Condition number 80 will be amended to read: "The commercial and medical office complex projects may be considered separate projects for plan checking purposes. 8. Condition number 96 shall be deleted. 9. A new condition shall be added to read: "The applicant shall consider eliminating parking spaces in each complex to provide additional pedestrian -friendly outdoor public spaces. Areas provided shall be included in the final landscaping plans." 10. A new condition shall be added to read: Within the landscape perimeter strip along Palm Royale Drive minimum 36" box size trees shall be densely planted adjacent to Building 13 of the medical complex. 11. Replace Condition 10.A.2)b) with the following: "for a deceleration/right turn only lane at the westerly most driveway on Fred Waring Drive to provide measured 87 feet north of the centerline of Fred Waring Drive for a length of 248 feet plus storage length and a transition taper of an additional 150 feet (or length as approved by the City Engineer) to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS." 12. Add Condition 10.A.2)c) as follows: "for a deceleration/right turn only lane at the easterly most driveway on Fred Waring Drive as approved by the City Engineer." 13. Replace Condition 18.A.2)a) with the following: "at the intersection of Washington Street to provide for a 12- foot parkway, 12-foot deceleration/right turn only lane, three westbound through lanes, a dual westbound left turn lane to southbound Washington Street, and a raised median as P:\Reports - CC\2009`13-17-09\PC MIN 2-24-09 Draft.doc ,... 810 22 Planning Commission Minutes February 24, 2009 DRAFT approved by the City Engineer. The proposed right of way shall be measured 75 feet north of the centerline of Fred Waring Drive as shown on the approved Site Plan for this Site Development Permit and as approved by the City Engineer." 14. Add Condition 18.A.2)c) as follows: "For a deceleration/right turn only lane at the easterly most driveway on Fred Waring Drive to the satisfaction of the City Engineer." Chairman Alderson opened the motion for discussion. Commissioner Weber disagreed with condition number 98, about the city signage. He felt the Commission should condition the applicant to dedicate the corner area for an entrance sign to be place there in the future by the city. He wanted the space noted in the architectural drawings as reserved for later signage. There was discussion about the proper signage and placement. Chairman Alderson said he did not feel strongly enough to alter the motion. Planning Director Johnson said the three items that were brought up by Public Works were not included in the recommendation. Staff asked for the memorandum to be referenced. Commissioner Quill clarified that the motion intended to include the three amendments made by Public Works are also to be included as part of the motion. Commissioner Barrows noted she supports staff's recommendation for a one-story structure for Building 13. She clarified the condition concerning the reduction in parking spaces and adding more public areas. She said the Commission would like for the applicant to work with staff and to identify ways to reduce parking. The Commission did not ask for a certain percentage or a number, but from her perspective the reduction should be fairly significant. Chairman Alderson said the Commission needed to address the two- story application of Building 13. He commented that all three of he back buildings were two -stories and all of the front buildings were one-story. He stated he did not feel that there was enough negative impact to alter the design. P.\Reports - CC\2009\3-17-09\PC MIN_2-24-09_Draft.doc 23 811 Planning Commission Minutes DRAFT February 24, 2009 Commissioner Wilkinson commented on the distance between the nearby residences and the development. He estimated it was approximately the length of a football field. Chairman Alderson said he concurred with Commissioner Wilkinson. He noted the Planning Commission was very sensitive in approving high density developments and this was not such a case. He commented that the negative impacts were very minimal and insufficient to result in the removal of the second floor. Chairman Alderson said the Commission needed to agree in order to finalize the issue. Commissioner Quill said the Commission did not have to agree as the motion had already been made and it was seconded. Commissioner Barrows said it was difficult for her to specify whether the parking spaces should be reduced by ten or twenty percent. She commented that the project would be a lot more attractive with less parking. Commissioner Quill asked staff if Commissioner Barrows' comment could serve as part of the condition already made in regards to the reduction of parking. Planning Director Johnson replied the Commission's direction to staff was "staff and applicant shall consider minor reduction of parking to add public space." Commissioner Quill suggested eliminating the work "minor." Chairman Alderson asked if the Commission could provide more definitive language such as ask for common area usage and seating amenities in both the medical and commercial complexes and that each one shall dedicate four parking stalls or 800 square feet combined. Planning Director Johnson said the more definitive the language of the condition, the easier would be for staff and the applicant to determine the best way to comply. Commissioner Barrows said she was not trying to make this difficult, but she was wondering if a percentage was specified if that would give staff some flexibility. Her point was there were over one hundred extra parking spaces between both projects and she was concerned that these projects were being approved with too much parking. 81 P:\Reports - CC\2009\3-17-09\PC MIN _2-24-09_Draft.doc 24 .`� Planning Commission Minutes DRAFT February 24, 2009 Commissioner Quill said the modification to the motion was to eliminate the word "minor," and that would be the direction given to staff. Planning Director Johnson replied staff would do their best to comply. AYES Commissioners Barrows, Quill, Wilkinson and Chairman Alderson. NOES: Commissioner Weber. ABSTAIN: None. ABSENT: None. There was no further discussion and it was moved and seconded by Commissioners Quill/Wilkinson to approve Resolution 2009-007 recommending approval of Conditional Use Permit 2007-105 as submitted. Unanimously approved. There was no further discussion and it was moved and seconded by Commissioners Quill/Wilkinson to approve Resolution 2009-008 recommending approval of Tentative Parcel Map 35088. Any conditions that are replicated in the tract map that were in the Site Development Permit 2006-875 or if there were additional conditions that were added that are applicable in the tentative parcel map those are included. Unanimously approved. Break was called at 9:53 p.m. P:\Reports- CC\2009\3-17-09\PC MIN_2-24-09_Draft.doc 25 J -PN --A� r `r MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: THOMAS P. GENOVESE, CITY MANAGE f' FROM: LES JOHNSON, PLANNING DIRECTOR SUBJECT: MAYER VILLA CAPRI, L.P. - SITE DEVELOPMENT PERMIT 2006-875 CONDITIONS OF APPROVAL DATE: MARCH 17, 2009 Upon review of the minutes of the February 24, 2009 Planning Commission meeting, it was determined that Condition of Approval #100 of Site Development Permit 2006-875 needs to be revised to clearly reflect the Planning Commission's desire when they recommended the condition pertaining to additional landscaping. Therefore, Staff recommends the condition be revised as follows: 100. Adjacent to the east side of Building 13 of the Medical Complex, substantial landscaping shall provided to screen and soften the building. In addition, the applicant has recently requested additional language be added to Condition of Approval #65, which has resulted in Staff recommending the condition be revised as follows: 65. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. Temporary occupancy permits, for the purpose of allowing fixture interior improvements and merchandise will be allowed. 814 p:\reports-cc12009\3-17-09\mayer villa Capri\memo to cadoc