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2010 01 19 CCeaf 4 4vadha City Council agendas are available on the City's web page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting TUESDAY, JANUARY 19, 2010 3:30 P.M. Closed Session / 4:00 P.M. Open Session Beginning Resolution No. 2010-004 Ordinance No. 477 CALL TO ORDER Roll Call: Council Members: Evans, Franklin, Henderson, Sniff, and Mayor Adolph PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CLOSED SESSION NOTE: Time permitting the City Council may conduct Closed Session discussions during the dinner recess. In addition, persons identified as negotiating parties are not invited into the Closed Session meeting when acquisition of real property is considered. 1. CONFERENCE WITH CHIEF OF POLICE, RODNEY VIGUE, ON MATTERS POSING A THREAT TO THE SECURITY OF PUBLIC BUILDINGS, PURSUANT TO GOVERNMENT CODE SECTION 54957. RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. 00A 0. City Council Agenda 1 January 19, 2010 4:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CONFIRMATION OF AGENDA PRESENTATIONS — NONE mf:IY>t>t I0191h y llme7iY> GHR 1. WRITTEN CORRESPONDENCE FROM RANDY REYES, STING-REY, LLC, DATED JANUARY 13, 2010, REQUESTING HOSTING A MARIACHI FESTIVAL AT SILVERROCK RESORT. APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF JANUARY 5. 2010. CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. 1. APPROVAL OF DEMAND REGISTER DATED JANUARY 19, 2010. 2. RECEIVE AND FILE TREASURER'S REPORT DATED NOVEMBER 30, 2009. 3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED NOVEMBER 30, 2009, AND INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING DECEMBER 31, 2009. 4. APPROVAL TO EXCUSE COMMISSIONER JOAN BIEGEL'S ABSENCE FROM THE FEBRUARY 8, 2010 COMMUNITY SERVICES COMMISSION MEETING. te. ` 002 City Council Agenda 2 January 19, 2010 5. APPROVAL OF A CONTRACT EXTENSION WITH LANDMARK GOLF MANAGEMENT, LLC THROUGH JUNE 30, 2013. 6. ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM THE FRIENDS OF THE LA QUINTA LIBRARY. 7. APPROVAL OF AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT (PSA) WITH DOMINY AND ASSOCIATES ARCHITECTS FOR DESIGN SERVICES ASSOCIATED WITH FIRE STATION 32, PROJECT NO. 2008-03, AND PHASE I OF THE CORPORATE YARD, PROJECT NO. 2007-08. 8. APPROVAL OF A REQUEST BY THE CALIFORNIA REGIONAL WATER QUALITY BOARD TO UTILIZE THE COUNCIL CHAMBERS FOR PUBLIC HEARINGS ON JANUARY 21, MARCH 18, MAY 20, JUNE 17, SEPTEMBER 16, AND NOVEMBER 18, 2010, FROM 8:00 A.M. TO 5:00 P.M. 9. DENIAL OF CLAIM FOR DAMAGES FILED BY REA DAY SPA SALON - DATE OF LOSS: JULY 23, 2009. 10. DENIAL OF CLAIM FOR INDEMNITY AGAINST THE CITY OF LA QUINTA FILED BY COACHELLA VALLEY WATER DISTRICT ON DECEMBER 10, 2009. 11. DENIAL OF CLAIM FOR DAMAGES FILED BY MATT JERVIS - DATE OF LOSS: NOVEMBER 28. 2009. 12. APPROVAL OF NOTICE TO LOUIS DEMARTINO TERMINATING ART PURCHASE AGREEMENT AND NOTICE OF INTENT TO PERMANENTLY REMOVE AND DISPOSE OF ARTWORK LOCATED AT ONE ELEVEN LA QUINTA SHOPPING CENTER. 13. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THREE MEMBERS OF THE PLANNING COMMISSION AND THE PLANNING DIRECTOR TO ATTEND THE 2010 PLANNERS INSTITUTE IN MONTEREY, CALIFORNIA, MARCH 24-26, 2010. 14. AUTHORIZATION OF OVERNIGHT TRAVEL FOR ONE COUNCIL MEMBER TO ATTEND THE LEAGUE OF CALIFORNIA CITIES REVENUE AND TAXATION COMMITTEE MEETING IN SACRAMENTO, CALIFORNIA, JANUARY 21, 2010. 15. ACCEPTANCE OF LAGO LA QUINTA AND VILLAS AT LA QUINTA SOUND ATTENUATION WALLS, PROJECT NO. 2006-02. City Council Agenda 3 January 19, 2010 003 BUSINESS SESSION 1. CONSIDERATION OF INCLUSION OF AN 8.99-ACRE PARCEL LOCATED SOUTH OF THE FRED WOLFF BEAR CREEK NATURE PRESERVE. A. MINUTE ORDER ACTION STUDY SESSION DISCUSSION OF TRANSPORTATION FUNDING OPTIONS RELATED TO THE COACHELLA VALLEY TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) PROGRAM. 2. DISCUSSION OF LA QUINTA MUNICIPAL CODE SECTION 9.160.060 - PERMITTED TEMPORARY SIGNS. REPORTS AND INFORMATIONAL ITEMS 1 . ANIMAL CAMPUS COMMISSION (FRANKLIN) 2. BOB HOPE CLASSIC FUND DISTRIBUTION COMMITTEE (ADOLPH) 3. CITY COUNCIL AD HOC COMMITTEE REPORTS 4. CVAG COMMITTEE REPORTS 5. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (ADOLPH) 6. C.V. CONSERVATION COMMISSION (SNIFF) 7. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (ROBERT COX) 8. C.V. MOUNTAINS CONSERVANCY (FRANKLIN) 9. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 10. IID ENERGY CONSUMERS' ADVISORY COMMITTEE (FRANKLIN) 11. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (FRANKLIN) 12. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 13. PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION & VISITORS AUTHORITY (EVANS) 14. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 15. RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMITTEE (DIANE GUNN) 16. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 17. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 18. PLANNING COMMISSION MINUTES DATED NOVEMBER 24, 2009 City Council Agenda 4 January 19, 2010'"» 004 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS B. UPDATE ON GREEN AND SUSTAINABLE LA QUINTA PROGRAM 2. CITY ATTORNEY 3. CITY CLERK A. UPCOMING EVENTS AND CITY COUNCIL CALENDAR 4. BUILDING & SAFETY DEPARTMENT REPORT FOR DECEMBER 2009 5. COMMUNITY SERVICES DEPARTMENT REPORT FOR DECEMBER 2009 6. FINANCE DEPARTMENT REPORT - NONE 7. PLANNING DEPARTMENT REPORT FOR DECEMBER 2009 8. PUBLIC WORKS DEPARTMENT REPORT FOR DECEMBER 2009 9. POLICE DEPARTMENT REPORT FOR DECEMBER 2009 10. FIRE DEPARTMENT QUARTERLY REPORT FOR DECEMBER 2009 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 5 January 19, 20101,,,.', 005 1. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS APPROVING A THIRD EXTENSION OF TIME FOR CONDITIONAL USE PERMIT 2003-074 AND SITE DEVELOPMENT PERMIT 2003-762, A SENIOR RETIREMENT COMMUNITY CONSISTING OF INDEPENDENT LIVING UNITS, ASSISTED LIVING UNITS, AND EXTENDED CARE ON 14± ACRES LOCATED AT THE NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50. APPLICANT: WSL LA QUINTA, LLC, C/O WEST LIVING, LLC. A. RESOLUTION(S) ACTION ADJOURNMENT The next regular meeting of the City Council will be held on February 2, 2010, commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Veronica Montecino, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of January 19, 2010, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 111, on January 15, 2010. DATED;/January 15, 2010 VERONICA ,,, tKONTECINO, City Clerk City of La Minta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7103, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777-7103. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. City Council Agenda 6 January 19, 2010 006 WRITTEN CORRESPONDENCE ITEM: January 13, 2010 La Quinta City Council P.O. Box 1504 La Quinta, CA 92247 Dear Councilmen and women; I would like the opportunity to introduce my company and concept to the La Quinta City Council. We are bringing a music festival to the desert that is highlighting the culture of the Mexican American population. The title is "The International Mariachi and Cultural Arts Festival." Having been born and raised in the Coachella Valley and of Mexican - American decent I feel passionate about highlighting my heritage. We have also partnered with the Coachella Valley Mexican American Chamber of Commerce (CVMACC) to donate a percentage of our proceeds to a scholarship fund for our future leaders. It is important for us to be able to help the youth of the area and keep the money in the desert. The music will be a blend of Mariachi music and other Latino genres for all age groups, along with a Mexican Arts display, dancing and fun for the entire family. We have secured the majority of our funding and plan on raising more money by vendor participation and local and national sponsors. We are interested in hosting the event on May 8, 2010 at Silverock in the fields on the corner of Jefferson and Avenue 52. We are expecting approximately 10,000 people in attendance. Please let me know if we can present to the City Council soon, as time is of an essence to facilitate the event. Thank you for your time and attention. Sin efely, c� Randy"Rey es C.O.O Sting -Rey, LLC 007 L�T am `�•c w CFh! OF COUNCIL/RDA MEETING DATE: January 19, 2010 ITEM TITLE: Demand Register Dated January 19, 2010 RECOMMENDATION: Approve Demand Register Dated January 19, 2010 BACKGROUND: Prepaid Warrants: 85707 - 85722) 85723 - 85737) 85738 - 857591 Voids} Wire Transfers} P/R 35944 - 3596911 P/R Tax Transfers} Payable Warrants: 85760 - 858661 FISCAL IMPLICATIONS: Demand of Cash - City Demand of Cash -RDA Demand of Cash - HA John M. Falconer, Finance Director 750,138.90 33,940.94 97,336.70 0.00 555,478.79 479,389.45 133,623.89 416,141.80 $2,466,050.47 $2,011,124.56 $454,638.60 $287.31 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING 008 CITY OF LA QUINTA BANK TRANSACTIONS 12/22/09 - 1/12/10 12/22/09 WIRE TRANSFER - LANDMARK 12/23/09 WIRE TRANSFER - ICMA 12/24/09 WIRE TRANSFER - PERS 12/29/09 WIRE TRANSFER - TASC 12/30/09 WIRE TRANSFER - PERS 1104/10 WIRE TRANSFER - HEALTH PREMIUM 1/07/10 WIRE TRANSFER - SLATER/DUNE PALMS AQU 1108110 WIRE TRANSFER - ICMA 1/08/10 WIRE TRANSFER - PERS 1/11/10 WIRE TRANSFER - LANDMARK TOTAL WIRE TRANSFER OUT $175,623.17 ` $13,387.10 $23,813.89 $1,078.08 $1,002.80 $103,047.46 $50,000.00 / $19,039.96 $23,810.10 $144,676.23 $555,478.79 e.. •',j - 009 .I b III \ 1 Y J 1 O Ifl m O O M h r O O O I UQ I .n I W r 1 W A O 120 I M m m P M W N m O WNW I Uf I O V P V .Qi N m r Ur W a £ v oz o N zr w rr ao a zl w Irz1 zz 1z..1 r of 1 z £w1 O 00 bb mM III III 0000 m O \ I If11110 1(11f1 mm rIOOOMVObr N.nNh00 00 MM N = lllr rr Q mw 0000 M U I W O I U I UN 1 .r VV bb 01110PPM1fl .nPr blllP.i �i PP PP OomI o mm MM 0000 .r Q 1Z1-11 w �Nc mm mm PbN bb01l1 �1' MM hMO M III NN mm 0000 O I QOI rhV �t �t VmONI(INP O Mti1(1 bbPPMrIP �tV -1. .-1 .n M m N mm I fLL I NNlfl .i M P bb =M -I rr 1I m NNNb III MIA vv I £ W r W KW1 ZI 00 III O NbbbbPMlflb P�tVbb .1 V M V ID Ohh .n r-I rl O O O ti 'I rl rl rl O O i-I rl O rl rl rl O O MM = O O V O O O I N N M P O .+ .a .a .1 .n O O'I n O O .n .i Ifl O .•� r1 rl .i O I!1 N N N I N K M M III V V V V V V V V V V V V V V V V m V V V V m V V V V M Wm I rl M P .•IN N r1M" rll .tr + £ I ZI "M m m 0Mrl10 NNN '+ M 1 vV V N V VVVV V VVV VVVV V III Ill V VV V I!1 III VVV I V 1 Z O I r I I b b I V I O I I I I I I I I I I I I I I 1(1 Ifl III I(1111 �? 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OJJ o �01D �0 b�0 03 0.+ o❑ omm me oV oV oF1- .,� 045 L01 moo'QK&rC4V r, 40 fF' S lOl � Vr tv COUNCIL/RDA MEETING DATE: January 19, 2010 ITEM TITLE: Transmittal of Treasurer's Report as of November 30, 2009 RECOMMENDATION: Receive and File FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: C9— STUDY SESSION: PUBLIC HEARING: Transmittal of Treasurer's Report dated November 30, 2009 for the City of La Quinta. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: I certify that this report accurately reflects all pooled investments and is in compliance with California Government Code Section 53645 as amended 1 /1 /86; and is in conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds. I herby certify that sufficient investment liquidity and anticipated revenues are available to meet next month's estimated expenditures. Respectfully submitted, John M. Falconer, Finance Director 046 Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Treasurer's Report, City of La Quinta MEMORANDUM TO: La Quinta City Council FROM: John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurer's Report for November 30. 2009 DATE: December 30, 2009 Attached is the Treasurers Report for the month ending November 30, 2009. The report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Department. The following table summarizes the changes in investment types for the month: Investment Be innin Purchased Notes Sold/Matured Other Endin Chan e $ 49,956,194 $ (1,850,000) $ 48,106,194 (1,850,000) LAIF Certificates of Deposit 1,209,000 100,958,667 25,000,000 (23,000,000) 16,581 1,209,000 102,975,246 0 2,016,581 US Treasuries (2) 0 0 0 US Gov't Sponsored Enterprises (2) - 0 0 0 Commercial Paper (2) 15,274,701 (11,703) 15,262,998 (11,703) Corporate Notes 1 0 0 0 Mutual Funds $ 167,398,562 $ 25,000,000 $ 24,850,000 $ 4,878 $ 167,553,440 $ 154,878 Subtotal $ 1,745,593 2,312,186 $ 566,593 2,312,186 Cash 3 $ 169,144,155 $ 25,000,000 $ 27,162,186 $ 4,878 $ 166,986,847 $ 2,157,308 Total I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy. As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. The City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. L/ 3o/ZoU Date John M. Falconer Finance DirectorfFreasurer 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. 048 3 Treasurer's Commentary For the Month of November 2009 Cash Balances - The portfolio size decreased by $2.2 million to end the month at $166.99 million. The major reason for the decrease was that expenditures were more than revenues which included $329,000 for Capital Projects. Investment Activity - The average maturity of the portfolio increased by 62 days to 152 days at the end of November. The Treasurer follows a buy and hold investment policy and three (3) U.S. Treasury Securities were purchased in November. Two of the U.S. Treasury Securities mature in two.(2) years and the other Security matures in one (1) day. The sweep account earned $7 in interest income for the month of November and the bank fees for the month were $ 1,773 which resulted in a net decrease of $1,766 in real savings. Portfolio Performance - The overall portfolio performance increased by three (3) basis points from the prior month and ended at .53% for the month, with the pooled cash investments yielding .56%. The portfolio yield should continue to stay at these levels for the near future. At this time last year, the portfolio was yielding 2.36% which reflects the current interest rate environment. Looking Ahead While the liquidity crisis impacting financial and business institutions has somewhat waned, the Treasurer is still 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 non-TLGP corporate notes, non-TLGP commercial paper or GSE's due to the current economic conditions affecting the financial markets; but instead will be investing in short term (up to two year) U.S. Treasury Bills. 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VAR \\\! ) ! | \ \ {§3 {\!| � Q55 City of La Quincy Competitive Rates of Interest November 30, 2009 City of La Quinla Average I I Treasury 6111sMote I I Three Month August 2006 4.94% 5.01% 4.97% 48 497% 4.95% Sept2006 4.98% 5,01% 499% 53 5.00% 502% 002006 500% 5,02% 5,01% 67 496% SAO% Nav2006 5.04% 6,03% 5.03% 62 4.94% 5A3% Dec 2006 508% 5.04% 5.06% 80 4.90% 5.13% Jan 2007 5.18% 5,12% 6,16% 64 498% 5.16% Feb2007 5.19% 5.13% 6,17% 45 4.95% 5.18% Mar 2007 521% 5.03% 5.15% 67 408% 5.21% Apr2007 5.20% 5.14% 6.15% 42 4,84% 5.22% May 2007 5.20% 5.05% 5.16% 32 4.81% 5.25% June 2007 5,19% 4.88% 5.10% 85 4.81% 5.25% FY 07108 July 2007 5.21% 490% 5,12% 129 4,80% 5.26% August 2007 5.17% 4,85% 508% 109 4,59% 5.25% Sep12007 5.16% 4.86% 506% 129 400% 5,23% Oct 2007 5.11% 4.85% 6.02% 116 3,95% 5.14% Nov 2007 5.03% 4.83% 4.96% 09 3.34% 4.96% Dec 2007 4.95% 3,43% .445% 123 3,39% 4.80% Jan 2008 4.58% 3.33% 4.22% 96 2.31% 4.62% Feb2008 4.12% 3.24% 3,65% 86 2.07% 4.16% Mar2OO8 407% 2,83% 367% 74 1,50% 378% Apr2008 3.45% 3.27% 3.41% 82 1.70% 3.40% May 2008 3,14% 3.27% 3,17% 63 1,92% 307% June 2008 3.09% 1.94% 286% 80 2,14% 2,80% FV OM9 July 2008 2,99% 1.93% 2.77% 62 170% 1.88% 2,29% 2.75% 2.18% 2.79% August 2008 3.16% 1.92% 2.88% 51 169% 1.89% 2.14% 2.38% 2.08% 2,78% Sept 2008 2.81% 1.92% 2.64% 37 1.42% 179% 1.96% 2.00% 2.13% 2.77% Oct2008 2,66% 2.61% 2.61% 29 0.90% 1.40% 1.72% 1.50% 2,07% 271% Nov2008 2.38% 2.36% 2.36% 64 0,15% 0.49% 1,04% 1.25% 1.45% 257% Dec 2008 1.60% 0,18% 1,42% 116 0,05% 0.25% 0.59% 0.88% 0,97% 2.35% Jan 2009 1.36% 0,18% 123% 82 0.15% 0.36% 0.43% 0.88% 0.31% 205% can 2009 1.23% 0.18% 1,11% 75 0.30% 0.50% 0.61% 0.88% 0.48% 1.87% Mar2009 1.26% 0A8% 1.13% fig 0,20% D42% 070% 0.88% 0.37% 1.82% Apr2009 0.94% 0.18% 0.85% 54 0.31% 0.33% 0.59% 0,88% 028% 1.61% May 2009 0.92% 0.18% 0.84% 80 0,18% 0.30% 0,53% OS11% 023% 1.53% June 2009 0.85% 0.29% 0.80% 111 0.20% 0.35% 0,55% 1.13% 026% 138% FY 09110 July 2009 0.69% 0.30% 0.65% 111 0.19% 028% 0.47% 1.00% 0.28% 104% August 2009 0.64% 0,30% 0.61% 92 0.16% 0.26% 0.46% 1.00% 0.24% 0.93% Sept 2009 0.56% 0.31% 0.53% 112 0.12% 0.19% D4194 1.00% 0A9% 075% Od 2009 0,52% 031% 0.50% 90 0.08% 0.19% 0.38% 100% 0A9% 065% 056 97 m O E 0 tA m O 0 m O T 7 O � o c ¢ 7 Im} I I i 0 0 0 o o d o O O O N O o O 051 wb. IL HK , 04 �O2 4 � W i V s r ib CE,y OF TK- COUNCIURDA MEETING DATE: January 19, 2010 ITEM TITLE: Transmittal of Revenue and Expenditure Report for November 30, 2009 and Investment Summary Report for the Quarter Ending December 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 the November 30, 2009 Statement of Revenue and Expenditures and Investment Summary Report for the Quarter Ending December 31, 2009 for the City of La Quinta. Respectfully submitted, John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Revenue and Expenditure Report, November 30, 2009 2. Investment Summary Report for the Quarter Ending December 31, 2009 059 N P11 1 Yws IrYr Vrw . I CITY OF LA QUINTA REVENUES -ALL FUNDS 07101/2009 - 1113012009 FUNDS ADJUSTED BUDGET RECEIVED % RECEIVED General $39,197,246.00 $6,589,650.01 16.60% Library 2,552,500.00 0.00 0.00% Gas Tax Revenue 959,200.00 186,226.10 19.40% Federal Assistance 350,055.00 0.00 0.00% JAG Grant 86,303.00 32,307.20 37.40% Slesf (Cops) Revenue 100,000.00 22.57 0.00% Indian Gaming 120,300.00 55,316.94 46.00% Lighting & Landscaping 947,800.00 38.52 0.00% RCTC 1,970,763.00 281,469.89 14.30% Development Funding 0.00 0.00 0.00% Crime Violent Task Force 0.00 0.00 0,00% AB 939 14,000.00 1,096.98 7,80% Quimby 15,600.00 7,992.00 51.20% Infrastructure 100.00 311.53 311.50% Proposition lB 606,885.00 461.95 0.10% South Coast Air Quality 99,700.00 4,588.37 4.60% Transportation 388,400.00 67.383.88 17.30% Parks & Recreation 111,500.00 27.653.00 24,80% Civic Center 140,400.00 30,908.31 22,00% Library Development 44,400.00 11,006.00 24.80% Community Center 21,000.00 3,180.77 15.10% Street Facility 14,700.00 2,475.86 16.80% Park Facility 3,800.00 760.03 20,00% Fire Protection Facility 26,500.00 4,375.64 16.50% Arts In Public Places 37,325.00 9,876.62 26,50% Interest Allocation 0.00 138,892.48 0.00% Capital Improvement 100,611,354.00 411,525.82 0.40% Equipment Replacement 23,800.00 4,115.24 17,30% Information Technology 340,744.00 332,217.24 97.50% Park Equipment & Facility 13,600.00 1,263.37 9.30% SilverRock Golf 3,430,349.00 768,501.04 22.40% SilverRock Golf Reserve 70,707.00 181.65 0.30% La Quinta Public Safety Officer 2,200.00 2,017.40 91.70% La Quinta Financing Authority 6,603,611.00 4,356,882.41 66,00% RDA Project Area No. 1 69,289,392.00 3,144,494.19 4.50% RDA Project Area No. 2 31,327,499.00 1,527,889.33 4.90% La Quinta Housin Authori 0.00 0.00 0.00% Total $2595721,733.00 $18,005,681.34 060 3 CITY OF LA DUINTA EXPENDITURES - ALL FUNDS FUNDS BUDGET EXPENDITURES ENCUMBERED BUDGET General ary Library 1.720,350.00 250,706.14 0.00 1,469,643.85 Gas Tax 1,34,230, 00 504,211.38 0.00 1 Assistance FederalGrant 33 3 00 0.,300 0.00 334,230.00,995. JAG62 JAG Granl 86,, 0 , 0 .3 32.0,00 0,00 53,995.80 0. 100,000.00 0.00 000 IBleed ndian Gaming Gaming 0.00 64.98100 Lighting 8 Landscaping Lighting 979,504.00 9970,76 08,12 .6 0.00 71,37 .3 5689,29 RCTC .0 7,970,763.00 281,469.89 281,.00 0.00 .1 1,689,293.11 Development Agreement 0.00 0183 0.00 Volent Crime Task Force 217.482.00 0.00 810 9,816,01 AS ABmb 31.29.99 33,601.25 2,0.0.00 Quimby ,617,963.0 9,67,57600 3,322.0 0.00 .584,32.21 61.7 Infrastructure 0.00 393,253.50 393,253.50 Proposition 7B Prop 606,885.00 7,505.00 0.00 599.380.00 South Coast Air Quality 372.582.00 6,043.41 6,043.41 0.00 3M.53177.000,00 CMAD 177,000.00 000 0.00 177.000.00 Transportation ,530.392.0 7,530,392.00 92,323,.96 0.00 6,5.323,69) Parks BRecreation 000 0.00 t2,323..95 Civic Center 202.764.00 01,17.0 13,112.505 0.00 10,112.0) Library Development 0.00 3, 0.00 (3,0.00 ) Community Center 0.00 0.00 0.00 0,26 Steel Facility F 6.39 2,470.398.00 660.0.22 0.00 2,410,267.78 Facility 0.00 0,00 0,00 Fire FireProtection 96,20.00 501, 1,,695.8 0.00 7,7434fi 748 Ares In Public Places 496,.00.00 23,695.81 0.00 472,.04.19 Interest Allocation 0.2 00 nt CapitolImprovementReplacement 11 3 tOQ6,607.000 49,939,02 ,90.00 33 17,9 21.80 1026,02465 Equipment Replacement 754,60L00 28.643,06 280.00 3 a Technology 53.38.1 753.,00 0.00 369,53382 378931.00 Perk Maintenance Facility Park int 378,93100 0.00 SilverRock ,18 ,771,0 4,188,77100 2,00 1,460.032.67 0.00 ,78 ,738.3 2,720,738.33 RGolfes Reserve SQ 0.00 0.00 0.00 0.00 Public LD Public Safety OfficerAuthority 24 0,00 0 2,00000 La Ouima Financing Auorityy 4110 6,55004 100 4.3.000041 6,88 0.00 2,247,5284,50000 La using Authority 350000 0 0.00 Project RDA Project Area No. 1 RDA 104378,259.00 14,420,344 0.00 ,957.91426 RDA Project Area No.2 43,254,805.00 ,706,.95 2,706,346.95 0.00 40,548,458.05 40,548,458.05 oa s„ o 6 l CITY OF LA QUINTA 07/01/2009-11130/2009 GENERAL FUND REVENUES DETAIL ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED TAXES: Property Tax 2,993,000.00 75,428.37 2,917,571.63 2.520% No Low Property Tax Distribution 3,413,000.00 154,232.43 3,258,767.57 4.520% Statutory Tax 0.00 0.00 0.00 0.000% Sales Tax 5,617,500.00 951,600.00 4,665,900.00 16.940% Sales Tax Reimbursement 1,872,500.00 462,452.40 1,410,047.60 24.700% Document Transfer Tax 573,760.00 136,973.50 436,786.50 23.870% Transient Occupancy Tax 4,128,000.00 705,253.65 3,422,746.35 17.080% Transient Occupancy Tax- Mitigation Measures 328,300.00 150.00 328,150.00 0.050% Franchise Tax 1,584,500.00 299,673.16 1,284,826.84 18.910% TOTALTAXES 20,510,560.00 2,785,763.51 17,724,796.49 13.580% LICENSE & PERMITS: Business License 288,800.00 130,137.90 158,662.10 45.060% Animal License 19.700,00 13.698,50 6.001.50 69.540% Building Permits 101.500.00 99,169.24 2,330.76 97.700% Plumbing Permits 18,100,00 12,040.50 6.059.50 66.520% Mechanical Permits 13,600.00 9,027.00 4,573.00 66.380% Electrical Permits 12,400.00 12,678.84 (278,84) 102.250% Garage Sale Permits 12,600.00 7,110.00 5,490.00 56.430% Misc. Permits 45,300.00 25,220.59 20,079.41 55.670% TOTAL LICENSES & PERMITS 512,000.00 309,082.57 202,917.43 60,370% FEES: Sale of Maps & Publications 3,700.00 2,253.25 1,446.75 60.900% Community Services Fees 328,900.00 211,082.01 117,817.99 64.180% Finance 550.00 330.00 220.00 60.000% Bldg & Safety Fees 84,100.00 80,471.51 3,628.49 95,690% Community Development Fees 50,000.00 15,042.50 34,957.50 30.090% Public Works Fees 327,400.00 50,548.60 276,851.40 15.440% TOTAL FEES 794,650.00 359,727.87 434,922.13 45.270% INTERGOVERNMENTAL Motor Vehicle In -Lieu 3,931,500.00 29,292.37 3,902,207.63 0.750% Motor Vehicle Cade Fines 107,100.00 29,116.67 77,983.33 27.190% Parking Violations 48,500.00 23,410.67 25,089.33 48.270% Misc. Fines 36,800.00 62,654.23 (25,854.23) 170.260% Federal Govt Grants 202,098.00 0.00 202,098.00 0.000% County of Riverside Grant 50,000.00 0.00 50,000.00 0.000% State of California Grant 38,282.00 6,985.73 31,296.27 18.250% Fire Services Credit - Capital (10110003370000: 3,748,505.00 262,956.07 3,485,548.93 7.010% Fire Services Credit- Oper(10150003375000) 5,068,200.00 1,153,183.86 3,915,016.14 22.750% CVWD 16,800.00 8,400.00 8,400.00 50.000% CSA152 Assessment 238 500.00 253 757.26 (15 257.26) 106.400% TOTAL INTERGOVERNMENTAL 13,486,285.00 1,829,756.86 11,656,528.14 13.570% INTEREST 3,407,800.00 1.178,649.88 2,229,150.12 34.590% MISCELLANEOUS Miscellaneous Revenue 11,000.00 11,548.58 (548.58) 104.990% AB939 94,900.00 27,467.72 67,432.28 28.940% Assmnl Dist Surplus 0.00 0.00 0.00 0.000% Other Mitigation Measures 0.00 0.00 0.00 0.000% Litigation settlement 0.00 0.00 0.00 0.000% Cash Overl(Short) 50.00 28.88 21.12 57,760% TOTAL MISCELLANEOUS 105,950.00 39,045.18 66,904.82 36.850% TRANSFER IN 380,001.00 87,624.14 292,376.86 23.060% TOTAL GENERAL FUND 39,197,246.00 6,589,650.01 32,607,595.99 16.810% 062 5 CITY OF LA OUINTA 07101/2009-11/3012009 GENERAL FUND EXPENDITURE SUMMARY BY DEPARTMENT ADJUSTED 11/30109 REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET GENERAL GOVERNMENT:693,596,51 LEGISLATIVE 1,542,643,00 0.00 CITY MANAGER'S OFFICE 225.41849 225.530.15 000 317.112,85 DEVELOPMENT SERVICES 930.73700 1,930,737.00 934,232.67 0.00 996.504.33 969.16137 MANAGEMENT SERVICES 1.729,90000 770,738.63 0.00 959,1613] TOTAL GENERAL GOVERNMENT CITY CLERK 706.637.00 304,757" 0.00 401,879.57 TOTAL CITY CLERK COMMUNITY SERVICES PARKS& RECREATION ADMINISTRATION 1,440, 14100 809, 18224 0.00 630,95875 SENIOR CENTER 419,799,00 170,18070 0.00 249,61830 PARKS& RECREATION PROGRAMS 210,498D0 87,077,35 1,433.69 121,986.96 LIBRARY 1,432,934.00 217.32879 0.00 1,215,605.21 MUSEUM 296,863.00 49,216.36 0,00 247,646.64 PARK MAINTENANCE 1,031,084.00 406,714.90 000 624.369.10 TOTAL COMMUNITY SERVICES FINANCE FISCAL SERVICES 1,098,857 00 570,066.00 0.00 588,791.00 CENTRAL SERVICES 326,796.00 140,741.05 0.00 186,054.95 TOTAL FINANCE BUILDING & SAFETY: BUILDING&SAFETV -ADMIN 0.00 BUILDING 958,50800 427,000.88 427,11M.88 000 531.507.12 582.930.99 CODE COMPLIANCE 054,785.00 1.401,854,00 0.00 ANIMAL CONTROL 168,693.1 173,853,64 0.00 233.160,90 233.160.90 FIRE 4, 957,94000 1,188,854.54 000 3,784,08636 EMERGENCE SERVICES 168,225.00 168,225.00 88,854.7' 0.00 CIVIC CENTER BUILDING -OPERATIONS 1,180,20600 749,508.]t 0.00 30,697.29 430,697.29 TOTAL BUILDING & SAFETY POLICE: POLICE SERVICES 12,588,245.00 3,124,310.48 0.00 9,463,934.52 TOTAL PUBLIC SAFETY COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT -ADMIN 1,581,432.00 357,304.29 800 1,224,12771 CURRENT PLANNING 848,416.00 331.121.43 2,167.07 515.12L50 TOTAL COMMUNITY DEVELOPMENT PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 265,668D3 21,44000 DEVELOPMENTONS 100.75900 469,659D8 0.00 631,099.50 92 -STC MAINT/OPERATIONS-STREETS 4,309.287,00 1,599,262.99 0.00 723,970,18 1,814,14200 1395,55000 599,262.99 1,214.879,01 7,785,158.98 CONT/OPERATIONS-LTG/LANDSCAPING CONSTRUCTION MANAGEMENT 1,395,550.00 511,375.02 6.00 39,076.00 785,158.98 TOTAL PUBLIC WORKS TRANSFERS OUT 5,040,083.00 615.654.87 0.00 4,424,428.13 GENERAL FUND REIMBURSEMENTS (6,865,334.00) (1,998,591,51) 0.00 (4866.742.49) NET GENERAL FUND EXPENDITURES 4387276800 14150356.52 64,123.43 29,658,288.05 063 C CITY OF LA QUINTA 07/0112009 - 1113012009 ALL OTHER FUNDS REVENUE DETAIL ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED LIBRARY: County of Riverside 2,549,700.00 0.00 2,649,700.00 0.000% Contributions 0.00 0.00 0.00 0,000% Interest 2,800.00 0.00 2,800.00 0.000% TOTAL LIBRARY 2,552,500.00 0.00 2,552,500.00 0.000% GAS TAX REVENUE: Section 2105 201,600.00 62,679.07 138,920.93 31.090% Section 2106 123,600.00 38,595.90 85,004.10 31.230% Section 2107 271,600.00 84,753.76 186,846.24 31.210% Section 2107.5 0.00 0.00 0.00 0.000% Traffic Congestion Relief 357,000.00 0.00 357,000.00 0.000% Interest 5,400.00 196.37 5,203.63 3.640% TOTAL GAS TAX 959,200.00 186,225.10 772,974.90 19.410% FEDERAL ASSISTANCE REVENUE: CDBG Grant 350,055.00 0.00 350,055.00 0.000% Federal Stimulus 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL FEDERAL ASSISTANCE 350,055.00 0.00 350,055.00 0,000% JAG GRANT Grant Revenue 86,303.00 32,307.20 53,995.80 37.430% Interest 0.00 0.00 0.00 0,000% TOTAL JAG GRANT 86,303.00 32,307.20 53,995.80 37.430% SLESF (COPS) REVENUE: SLESF (Cops) Funding 100,000.00 0.00 100,000.00 0.000% Interest 0.00 22.57 (22.57) 0.000% TOTAL SLESF (COPS) 100,000.00 22.57 99,977.43 0.020% INDIAN GAMING Grant revenue 120,000.00 55,316.94 64,683.06 46.100% Interest 300.00 0.00 300.00 0.000% TOTAL INDIAN GAMING 120,300.00 55,316.94 64,983.06 45.980% LIGHTING & LANDSCAPING REVENUE: Assessment 947,800.00 38.52 947,761.48 0.000% Developer 0.00 0.00 0.00 0.000% Interest 0,00 0.00 0.00 0.000% TOTAL LIGHTING & LANDSCAPING 947,800.00 38.52 947.761.48 0.000% RCTC RCTC Funding 1,970,763.00 281,469.89 1,689293.11 14.280% Transfer in 0.00 0.00 0.00 0.000% TOTAL RCTC ° DEVELOPMENT AGREEMENT FUND Mitigation Measures 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 a000% TOTAL DEV AGREEMENT 0.00 0.00 0.00 0.000% CRIME VIOLENT TASK FORCE Member Contributions - Carryover 0.00 0.00 0.00 0.000% Grant revenue - JAIB 0.00 0.00 0.00 0,000% CLET Line 0.00 0.00 0.00 0.000% Asset Forfeiture -State Adjudicated 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL CRIME VIOLENT TASK FORCE 0.00 0.00 0.00 0.000% AS 939 REVENUE: AS 939 Fees 0.00 0.00 0.00 0.000% Interest 14.000.00 1,096.98 12,903.02 7,840% TOTAL AS 939 ° 064 7 07/0112009-11130/2009 CITY OF LA QUINTA ADJUSTED REMAINING ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET RECEIVED QUIMBY REVENUE: 0.00 0.00 0.00 0.00 0,000% Quimby Fees Donations 0.00 0.00 0.00 0.000% Interest 15,600.00 7,992.00 7,608.00 61.230% TOTAL QUIMBY ° INFRASTRUCTURE REVENUE: Utility refund 0.00 0.00 0.00 0.000% Interest 100.00 311.53 (211.53) 311.530% Transfer in 0.00 0.00 0.00 0.000% TOTAL INFRASTRUCTURE 100.00 311.53 (211,53) 311.530% PROPOSITION 1 B - SB1266 Prop 18 Grant 606,885.00 0.00 606,885.00 0.000% Interest 0.00 461.95 (461.95) 0.000% TOTAL PROPOSITION 1 B 608,885-0�-�81?3'S 6O6 42A5-- 0.080 /° SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution 48,900.00 1,329.80 47,570.20 2.720% MSRC Funding 48,000.00 3,032.94 44,967.06 6.320% Street Sweeping Grant 0.00 0.00 0.00 0.000% Interest 2,800.00 225.63 2,574.37 8.060% TOTALSCAQ 99,700.00 4,588.37 95,111.63 4.600% TRANSPORTATION Developer fees 382,400.00 63,080.64 319,319.36 16.500% Interest 6,000.00 4,303.24 1,696.76 71.720% Transfer in 0.00 0.00 0.00 0.000% TOTAL TRANSPORTATION 388,400.00 67,383.88 321,016.12 17.350% PARKS & RECREATION Developer fees 111,500.00 27,653.00 83,847.00 24.800% Interest 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL PARKS & RECREATION 111,500.00 27,653.00 83,847.00 24.800% CIVIC CENTER Developer fees 140,400.00 30,908.31 109,491.69 22.010% Interest 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL CIVIC CENTER 140,400.00 30,908.31 109,491.69 22.010% LIBRARY DEVELOPMENT Developer fees 44,400.00 11,006.00 33,394.00 24.790% Interest 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL LIBRARY DEVELOPMENT 44,400.00 11,006.00 33,394.00 24.790% COMMUNITY CENTER Developer fees 9,300.00 2,294.00 7,006.00 24.670% Interest 11,700.00 886.77 10,813,23 7.580% TOTAL COMMUNITY CENTER 21,000.00 3,180,77 17,819.23 15.150% 3 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL 0710112009-11/3012009 ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED STREET FACILITY Developer fees Interest Transferin TOTAL STREET FACILITY PARK FACILITY Developer fees Interest TOTAL PARK FACILITY FIRE PROTECTION FACILITY Developer fees Interest TOTAL FIRE PROTECTION FACILITY 14,700.00 2,221.92 12,478.08 15.120% 0.00 253.94 (253.94) 0.000% 0.00 0.00 0.00 0.000% 14,700.00 2,475.86 12,224.14 16.840% 2,800.00 682.00 2,118.00 24.360% 1,000.00 78.03 921.97 7,800% 3.800.00 760.03 3,039.97 20.000% 26,500,00 4,375.64 22,124.36 16.510% 0.00 0.00 0.00 0.000% 26,500.00 4,375.64 22,124.36 16.510% ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places 33,525.00 9,179.06 24,345.94 27.380% Arts in Public Places Credits Applied 0.00 0.00 0.00 0.000% Insurance Recoveries 0.00 0.00 0.00 0.000% Donations 0.00 0.00 0.00 0,000% Interest 3,800.00 697.56 3,102.44 18.360% TOTAL ARTS IN PUBLIC PLACES 37,325.00 9,876.62 27,448.38 26.460% INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 0.00 138,892.48 (138,892.48) 0.000% Transfer In 0.00 0.00 0.00 0.000% TOTAL INTEREST ALLOCATION 0.00 138,892.48 (138,892.48) 0.000% . 066 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL CAPITAL IMPROVEMENT FUND: 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 EQUIPMENT REPLACEMENT FUND: Equipment Charges Capital Contribution Sale of Fixed Asset Insurance Recoveries Interest Transfers In TOTAL EQUIPMENT REPLACEMENT 0710112009. 11130/2009 ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED 114,123.00 35,779.23 78,343.77 31.350% 50,851.00 0.00 50,851.00 0.000% 0.00 0.00 0.00 0.000% 9,523,273.00 0.00 9,523,273.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 87,300.00 0.00 87,300.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0,000% 490,108.00 1,296.49 488,811.51 0.260% 0.00 0.00 0.00 0.000% 90,345,699.00 374,450.10 89,971,248.90 0.410% 100,611,354.00 411,525.82 100,199,828.18 32.020% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 1,535.00 (1,535.00) 0.000% 0.00 596.78 (596.78) 0.000% 23,800.00 1,983.46 21,816.54 8.330% 0.00 0.00 0.00 0,000% 23,800.00 4,115.24 19,684.76 17.290% INFORMATION TECHNOLOGY FUND: Charges for services 331,044.00 331,044.00 0.00 100.000% Capital Contribution 0.00 0.00 0.00 0.000% Sale of Fixed Asset 0.00 0.00 0.00 0.000% Interest 9,700.00 1,173.24 8,526.76 12.100% Transfers In 0.00 0.00 0.00 0.000% TOTAL INFORMATION TECHNOLOGY 340,744.00 332,217.24 8,526.76 97,500% 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 0.00 0.00 0.00 0,000% 13,600.00 1,263.37 12,336,63 9.290% 0.00 0.00 0.00 0.000% 13,600.00 1,263.37 12,336.63 9.290% 2,980,503.00 673,979.82 2,306,523.18 22.610% 109,296.00 19,743.00 89,553.00 18.060% 15,000.00 12,345.01 2,654.99 82.300% 0.00 0.00 0.00 0.000% 325,550.00 62,433.21 263.116.79 19.180% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 3,430,349.00 768,501.04 2,661,847.96 22.400% 2,400.00 181.65 2,218.35 7.570% 68,307.00 0.00 68,307.00 0.000% 70,707.00 181.65 70,525.35 0.260% 2,000.00 2,000.00 0.00 100.000% 200.00 17.40 182.60 8.700% 2,200.00 2,017.40 182.60 91.700% ».. 067 10 CITY OF LA QUINTA OTHERCITYFUNDS ADJUSTED 11/30/09 REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET LIBRARY FUND INTEREST ADVANCE 0.00 1,54L 15 0,00 (1,541.15) CAPITAL PURCHASES 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 1.720,350.00 249,164.99 0.00 1,471,185.01 TRANSFER OUT 0.00 0.00 O O TOTAL LIBRARY FUND GAS TAX CONTRACT SERVICES 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 1.131,354.00 471,397.43 0.00 659,956.57 TRANSFER OUT 537,840.00 32,813.95 0.00 505,026.05 TOTAL GAS TAX FUND FEDERAL ASSISTANCE FUND: TRANSFER OUT 334,230.00 0.00 334,2W 00 TOTAL FEDERAL ASSISTANCE FUND JAG GRANT TRANSFER DO TOTAL JAG GRANT 86,30.00 32,307.ZU O.W 53,99560 SLESF(COPS) I RANSFER DO TOTAL SLESF(COPS) FUND 100,000.00 000 U.OU 100.000.00 INDIAN GAMING FUND TRANSFER OUT 120,300.00 55,316.94 0.00 64,983.06 TOTAL INDIAN GAMING FUND LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 979,504.00 408,12662 0.00 571,377.38 TRANSFER OUT 000 0.00 0.00 0.00 TOTAL LTGILAN05CAPING FUND RCTC TRANSFER OUT 1,970,76300 281,469,89 0.00 1.689,293.11 TOTAL ROTC DEVELOPMENT AGREEMENT FUND CONSTRUCTION 0.00 0.00 0DO 0.00 REIMBURSE GENERAL FUND 0.00 0.00 0,00 0.00 TRANSFER OUT 0.00 0.00 0.00 0,00 TOTAL DEV AGREEMENT FUND CRIME VIOLENT TASK FORCE OPERATING EXPENSES 205,000.00 195,183.99 0.00 9,816.01 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL GRIME VIOLENT TASK FORCE AS 939 OPERATING EXPENSES 69.000,00 2.715.67 2,000.00 64,28433 REIMBURSE GENERAL FUND 68,482.00 28,534.12 0.00 39,947.98 TRANSFER OUT 80,000.00 000 0.00 8O000.00 TOTAL AS 939 QUIMBY FUND: FEASIBILITY STUDY 0.00 0,00 0.00 000 REIMBURSE DEVELOPER FEES 0.00 O.W 0.00 0.00 TRANSFER OUT 9,617,%3.UU 33,601,25 UUU 9,584,36175 TOTAL QUIMBY INFRASTRUCTURE FUND CONSTRUCTION 0.00 0.00 0,00 0.00 REIMBURSE GENERAL FUND 000 0,00 000 0.00 TRANSFER UUI 397,57000 4,322.50 OW 393253.50 TOTAL INFRASTRUCTURE PROPOSITION 1B - SB 1266 TRANSFER OUT TOTAL PROPOSITION 1 B FUND 6U6,985.00 7,5U5.00 000 599.380,00 SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 26,600.00 6.043.41 0.00 20.556.59 TRANSFER OUT 345,982.00 0,00 0.00 345,982.00 TOTAL SOUTH COAST AIR QUALITY CMAQ PROJECT EXPENDITURES 0.00 0.00 0.00 0.00 TRANSFER OUT 177.000,00 0.00 0.00 177,00T00 TOTAL GMAO TRANSPORTATION PROGRAM COSTS 0.00 0.00 0,00 0.00 CONTRIBUTION 0.00 0.00 0.00 0.00 TRANSFER OUT 7,530392.00 958,708.96 0.00 6.571,683.04 TOTAL TRANSPORTATION PARKS & RECREATION INTEREST ON ADVANCE OW 2,323.69 0,00 (2,323.69) TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL PARKS & RECREATION CIVIC CENTER SERVICES 0.00 1,598.03 0.00 (L598.03) INTEREST ON ADVANCE 0.00 15,093.02 0.00 (15.093,02) REIMBURSE GENERAL FUND 202.764,00 84.485.00 0.00 118.279,00 TRANSFER OUT 0.00 0.00 0,00 000 TOTAL CIVIC CENTER LIBRARY DEVELOPMENT PROGRAM COSTS 0.00 0,00 0,00 O,W INTEREST ON ADVANCE 0.00 3,112,50 0,00 (3,112.50) TRANSFER OUT 000 0,00 0.00 0,00 TOTAL LIBRARY DEVELOPMENT �... 068 11 CITY OF LA QUINTA OTHER CITY FUNDS ADJUSTED 11/30/09 REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET COMMUNITY CENTER PROGRAM COSTS 0.00 000 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL COMMUNITY CENTER STREET FACILITY PROGRAM COSTS 0.00 0.00 0,00 0,00 TRANSFER OUT 2,476,398.00 66,130.22 0.00 2410,267.71 TOTAL STREET FACILITY PARK FACILITY PROGRAM COSTS OOD 0.00 000 0,00 TRANSFER OUT 000 0.00 000 0.00 TOTAL PARK FACILITY FIRE PROTECTION INTEREST ON ADVANCE 9.250.00 1,501.54 OW 7.748.46 TRANSFER OUT 0,00 0.00 0.00 0.00 TOTAL FIRE PROTECTION DIF ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 30,000.00 8,88625 0.00 21,113.75 OPERATING EXPENSES-APP 6,200.00 559.56 0,00 5,640.44 ART PURCHASES 260,000.00 14,250,00 0.00 245,750.00 TRANSFER OUT 200,000.00 O.W 0.00 200,000.00 TOTAL ART IN PUBLIC PLACES CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 99,443,114.00 381,688.47 81.906.38 98,979.519.15 PROJECT REIMBURSEMENTS TO GEN FUND 1,168,240.00 29,837.35 000 1.138,402.65 TRANSFER OUT 0 O 0.00 0.00 0,00 TOTAL CAPITAL IMPROVEMENT EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 707.18500 78,274.40 28,643.33 600,267.27 CAPITAL PURCHASES 47.422.00 21,664.62 0 W 25,757.38 TRANSFER OUT 0,00 000 0.00 0.00 TOTAL EQUIPMENT REPLACEMENT FUND INFORMATION TECHNOLOGY FUND OPERATING EXPENSES CAPITAL PURCHASES PARK MAINTENANCE FACILITY OPERATING EXPENSES CAPITAL PURCHASES TRANSFER OUT SILVERROCK GOLF OPERATING EXPENSES TRANSFER OUT SILVERROCK GOLF RESERVE TRANSFER OUT LA QUINTA PUBLIC SAFETY CONTRIBUTIONS 505,772.00 145,130.96 0.00 360,641.04 17,150.00 8,257,22 0.00 8,89278 TOTAL INFORMATION TECHNOLOGY 369,533,52 25,50000 0.00 000 25,500.00 0.00 0,00 0.00 0.00 353,43L00 0,00 0,00 353.431.00 TOTAL PARK MAINTENANCE FAG 4,120.464.00 1,462,032.67 0.00 2,658.431.33 68.307.00 0.00 0,00 68.307.00 TOTAL SILVERROCK GOLF 000 0.00 0.00 0.00 TOTAL SILVERROCK GOLF RESERVE TOTAL LA QUINTA PUBLIC SAFETY 2,OW 00 0.00 0,00 2,00U.00 » 069 12 City of La Quinta Quarterly Investment Summary - Footnote 1 December 31, 2009 City Investments Issuer of Investment T-Bill T-Bill T-Bill T-Bill T-Bill T-Bill T-Bill GE Capital Medium Term Note TLGP Goldman Sachs Grp Inc TLGP Morgan Stanley FDCI TLGP FirstBank CD La Jolla Bank CD Rabobank CD Pacific Western Bank CD Palm Desert Nat'l Bank CD Local Agency Investment Fund Less % Attributable to RDA Less % Attributable to Financing Authority Total City Pooled Investments Date 3/18/2010 12/16/2010 7/1/2010 11/18/2010 10/31/2011 10/31/2011 12/16/2010 12/19/2011 3/15/2011 9/22/2011 8/6/2010 6/16/2010 6/17/2010 6/18/2010 6/23/2010 Next Day Par Value 10,000,000 10,000,000 10,000,000 13,000,000 2,000,000 10,000,000 27,000,000 5,000,000 5,000,000 5,000,000 240,000 244,000 245,000 240,000 240,000 37,884,386 5EYj Footnote 1 - The Quarterly Investment Report does not include the City of La Quinta checking account, sweep account, Housing Program account or petty cash account. Market Value is based upon most current information available. 9,999,000 9,947,742 9,990,500 12,954,110 2,002,196 9,987,004 26,895,748 5,154,100 5,055,469 5,076,950 241,921 246,915 246,998 241,694 242,088 37,884,386 I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy. As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. The City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York X Custodian Report to determine the fair market value of investments at month end. f l 1'11' Z o 1 p John M. Alconer Date Finance Dlrector/freasurer 9,996,064 9,959,283 9,990,698 12,965,792 2,001,004 10,029,077 26,900,529 5,159,609 5,033,126 5,058,171 240,000 244,000 245,000 240,000 240,000 37,884,386 11.071.808 (83,633,626) (4,677) $63,620.244 D n Z m z —I N T4hf 4 4 a" COUNCIL/RDA MEETING DATE: January 19, 2010 ITEM TITLE: Approval to Excuse Commissioner Joan Biegel's Absence from the February 8, 2010 Community Services Commission Meeting RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a request for Commissioner Joan Biegel to be excused from attending the February 8, 2010, Community Services Commission meeting. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: 1►rom BACKGROUND AND OVERVIEW: The La Quinta Municipal Code, Section 2.06.020(B) includes the statement: "A board or commission member may request advance permission from the City Council to be absent at one or more regular meetings due to extenuating circumstances ... If such permission or excuse is granted by the City Council, the absence shall not be counted toward the above -stated limitations on absences." Staff has discussed this section with all Commissions and, in response, Community Services Commission Commissioner Biegel has requested of the City Council to be excused from the February 8, 2010 Community Services Commission meeting. The request is being made prior to the meeting, as noted in Attachment 1 . 071 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve Commissioner Biegel's request to be excused from the February 8, 2010, Community Services Commission meeting; or 2. Deny Commissioners Biegel's request; or 3. Provide staff with alternative direction. Respectfully submitted, Edie Hylt n Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Request from Commissioner Biegel 072 ATTACHMENT 1 January 7, 2010 Honorable Mayor Don Adolph Members of the City Council Dear Honorable Mayor and City Council Members: Please consider an excused absence for me for the February 8, 2010 Community Services Commission Meeting. Due to health reasons, I am unable to attend, but plan to be at the meeting in March. I appreciate the opportunity to be a Commissioner for the Community Services Department and plan to continue my efforts to support this wonderful City. Sincerely, Joan Biegel Tuy" 4 4 a" COUNCIL/RDA MEETING DATE: January 19, 2010 ITEM TITLE: Approval of a Contract Extension with Landmark Golf Management, LLC through June 30, 2013 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a contract extension with Landmark Golf Management LLC (Landmark) through June 30, 2013 and authorize the City Manager to execute the extension documentation. FISCAL IMPLICATIONS: None. Funding for the referenced services is contained within the City's annual budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On January 14, 2005, the City of La Quinta and Landmark Golf Management entered into a Golf Course Management Agreement for the SilverRock Golf Course operations. The Agreement includes the 18-hole golf course, driving range, clubhouse, pro shop, and maintenance facility. The five year Management Agreement was scheduled to expire on January 14, 2010. On May 19, 2009, City Council approved an extension of the Golf Course Management Agreement to expire on June 30 2010. This extension was necessary for Landmark to complete the Fiscal Year 2009-2010 Annual Plan. On January 5, 2010, City Council voted to extend the existing agreement with Landmark Golf Management for an additional three years. 014 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a contract extension with Landmark Golf Management LLC through June 30, 2013 and authorize the City Manager to execute the extension documentation; or 2. Do not approve a contract extension with Landmark Golf Management LLC through June 30, 2013; or 3. Provide staff with alternative direction. Respectfully 'submitted, Edie Hylton Community Services Director Approved for submission by: Thomas P. Genovese, City Manager 075 T4ht 4 lwQuiftrw COUNCIL/RDA MEETING DATE: January 19, 2010 ITEM TITLE: Adoption of a Resolution Accepting a Donation from the Friends of the La Quinta Library RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: T STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council accepting a $1,000 donation from the Friends of the La Quinta Library to the Art in Public Places Fund. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Friends of the La Quinta Library would like to donate $1,000 to the Art in Public Places Fund for the Seasons Art Panels in the children's classroom at the Library. The Friends of the La Quinta Library requested that art panels be designed and placed in the Library. The S.C.R.A.P. Gallery was selected to work with La Quinta youth to design the panels and place recycled materials on the panels to complete the project. The project is near completion and the Friends of the Library would like to contribute $1,000 toward this project. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council accepting a $1,000 donation from the Friends of the La Quinta Library; or 2. Do not adopt a Resolution of the City Council accepting a donation from The Friends of the La Quinta Library; or 076 3. Provide staff with alternative direction Respectfully submitted, �� ",-16 Edie Hylton 1-1 Community Services Director Approved for submission by: Thomas P. Genovese, City Manager 077 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING A DONATION FROM THE FRIENDS OF THE LA QUINTA LIBRARY WHEREAS, on January 19, 2010, Friends of the La Quinta Library generously offered a $1,000 donation to be given to the City of La Quinta as a contribution toward the Seasons Art Panels located in the children's classroom of the Library; and WHEREAS, the donation was offered to the City of La Quinta and was not given to or limited to the use of any particular employee or official; and WHEREAS, it is in the best interest of the City of La Quinta to accept the donation; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: The City of La Quinta hereby accepts the donation of the $1,000 as a contribution to the children and parents who utilize the facility. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 19" day of January 2010, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 073 Resolution No. 2010- Friends of the Library Donation Adopted: January 19, 2010 Page 2 ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 013 T-itf 4 4 a" COUNCIL/RDA MEETING DATE: January 19, 2010 ITEM TITLE: Approval of an Amendment to the Professional Services Agreement (PSA) With Dominy and Associates Architects, for Design Services, Associated With Fire Station 32, Project No. 2008-03 and Phase I of the City Yard, Project 2007-08 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve an amendment to the Professional Services Agreement with Dominy and Associates Architects in an amount not to exceed $20,000 for design services associated with Fire Station 32, Project No. 2008-03 and Phase I of the City Yard, Project 2007-08, and authorize the City Manager to execute the amendment. FISCAL IMPLICATIONS: Sufficient funds exist in the contingency portion of the project for the additional expenditure, which will not exceed $20,000. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On August 28, 2008, the City entered into a Professional Services Agreement in an amount not to exceed $626,500 with Dominy and Associates Architects to complete the construction documents for the new Fire Station 32 and Phase I of the Corporate Yard. »...� 080 The original PSA allows for additional services and compensation to be added to the scope of work with the City Council's approval. The added services are utility related and exceed the scope of the original agreement. The amendment to the agreement is included as Attachment 1 and outlines the scope of additional work as well as the increase in compensation. FINDINGS AND ALTERNATIVES: 1. Approve an amendment to the Professional Services Agreement with Dominy and Associates Architects in an amount not to exceed $20,000 for design services associated with Fire Station 32, Project No. 2008-03 and Phase I of the City Yard, Project 2007-08, and authorize the City Manager to execute the amendment; or 2. Do not approve an amendment to the Professional Services Agreement with Dominy and Associates Architects; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, Director of Building and Safety Approved for submission by: `Thomas P. Genovese, City Manager Attachment: 1. Amendment to the PSA with Dominy and Associates Architects 01 81 ATTACHMENT 1 Dominy+Associates Architects @ domusstudio LLP Amendment to the Professional Services Agreement 0839.05 I I studio TO: City of La Quinta In accordance with the Agreement dated: August 28, 2008 between the Owner, City of La Quinta and the Architect, Dominy + Associates Architects @ domusstudio LLP for the Project: La Quinta Fire Station 32 The Owner hereby authorizes the Architect to: ® Proceed with Additional Services or a Change in Services ❑ Incur Additional Reimbursable Expenses As follows: Civil Engineering related to easements, utility coordination, construction admin, and paver design as attached. The following adjustments shall be made to compensation and time. Compensation: $20,000.00 (Twenty Thousand Dollars) Time: Incorporate into existing schedule AGREED TO: I SUBMITTED BY: (Signature) Name and Tide) Date Dominy + Associates Architects @ domusstudio LLP -01 (intiom Date Wayne Holtan A I A Principal WRIMMOM EMERMOK4 2150 West Washington, Suite 303, San Diego, California 92110 Te1619.692.9393 Fax 619.692.9394 domusstudio.com O\]01,-. 1..1 11 Wg1-EveA -I]\I0 aM11N1319PTON\I.1 UNT,I. I,I CO44EYONCf NCE\30J0.1 ti3 Am —01. 99 AUTHORIZATION FOR ADDITIONAL SERVICE CLIENT: Dominy + Associates Architects JOB NUMBER: 1928 (RFP No. 3634) domusstudio, LLP ADDRESS: 2150 West Washington Street, Suite 303 DATE REC'D: December 21, 2009 San Diego, CA 92110 ORDERED BY: Wayne Holtan FIRM: Domin + Associates Architects TELEPHONE: 619-692-9393 ATTN: Wayne Holtan FAX: 619-692-9394 BILL TO: Same As Above PO NUMBER: ESTIMATE AMOUNT: CONTRACT AMOUNT: $20,000 Task 1 = $9,500 Task 2 = $ 500 Task 3 = $ 800 Task 4 = $ 600 Task 5 = $4,600 Task 6 = $2,200 Task 7 = $1,800 AMENDMENT TO CONTRACT DATED: 08/26/2008 1 TIME & MATERIALS: PROJECT LOCATION: La Quinta Fire Station No. 32/Avenue 52, La Quinta SCOPE OF SERVICES TO BE PROVIDED: Additional Services related to easements, utility coordination, construction admin, and paver design: 1. Tradition easement documents (legals and exhibits), title report coordination, meetings, CVWD coordination. 2. Temporary power coordination for construction 3. On -site existing private utility reconfiguration coordination 4. Traffic signal temporary power coordination 5. Field surveillance and administration 6. The Gas Company easements legals and exhibits 7. Permeable paver design REMARKS: Services to continue upon receipt oJ'signed Authorization and/or contract addendum to our existing contract. MSA CONSULTING, INC. AUTHORIZED BY: PROJECT MANAGER: Bruce S. Kassler TITLE: PREPARED BY: BSK:dv FIRM: DATE: December 21, 2009 DATE: PLEASE NOTE: Payment for Professional Services rendered shall be due UPON PRESENTATION OF INVOICE. The proposed Aereement, both Scone and Fee, contained herein, shall be valid until January 25, 2010. ALL TERMS AND CONDITIONS OF OUR EXISTING AGREEMENT, DATED AUGUST 16, 1008, SHALL APPLY. CC: Tom Hartung, City of La Quinta R\TW SC ts1P.NgtY4'd 'NN W cye�i�inGBM 9B EW 122109.pp[ 34200 BOB HOPE. DRIVE ■ R:\NCHO NIIRACE ■ CALIFORNIA ■ 92270 760.320-9811 0 760.323-7893 fax 2 www.blSACONSUFr1NOINC.com 083 Tity� 4 4 Q" COUNCIL/RDA MEETING DATE: January 19, 2010 ITEM TITLE: Approval of a Request by the California Regional Water Quality Control Board to Utilize the Council Chambers for Public Hearings on January 21, March 18, May 20, June 17, September 16 and November 18, 2010, from 8:00 a.m. to 5:00 p.m. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a request from the California Regional Water Quality Control Board to utilize the Council Chambers on January 21, March 18, May 20, June 17, September 16 and November 18, 2010 from 8:00 a.m. to 5:00 p.m. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The California Regional Water Quality Control Board has requested that the Council Chambers be made available for Regional Board meetings on the following dates in 2010: January 21, March 18, May 20, June 17, September 16 and November 18. The request meets all the requirements of facility use as contained in the City's Guidelines. A complete application has been submitted (Attachment 1) for the City Council's consideration. ME FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve a request from the California Regional Water Quality Control Board to utilize the Council Chambers on January 21, March 18, May 20, June 17, September 16 and November 18, 2010 from 8:00 a.m. to 5:00 p.m.; or 2. Do not approve the request from the California Regional Water Quality Control Board to utilize the Council Chambers; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, Director of Bidilding and Safety Attachment: 1. Application Approved for submission by: Thomas P. Genovese, City Manager ».." 085 ATTACHMENTI Type of Event: Public_X— Private .ption of Activity: P)DCIrd Pllee+(nA I fJ)Wrr' WorshoPG A Myvr`loo e j�;,, +Pc+ mrn .r dr�d i an m concerrind �par+i-es and ma 2 d,ects��s �tcr�Cov�sic�r�n5 K K ✓ O Date(s) of IIse:S2-C �O(.t.J�� Size of Group: Time of Use: Start a. /p.m.) .QU Finish (a.m. p.m) Total Hours of IIse x $3,00/hour of S O Certificate of Additional Insured Attached: tifA ior- City Insurance Requested:. 1.LA Fee Paid: S C) Refundable Cleaning Deposit Paid: $ O Session Rom - $200 Council Chambers (up to 53 people) = $300 Council Chambers (54 people plus) as $500 Total Paid: The undeYsigned hereby agrees to abide by the rules and regulations of the City of La. Quinta relating to �the luse of public facilities. Date: 2 Signature: 4tL&� (� a4 Oq- t� Title: syag-� S2fU1 C-eCA% Deposit Required For: N 7 A Deposit Returned: Date: N A S O NOTE: The person signing the application and the statawsnt of iofermtiod oust hs an officer of the sponsoring eryeoi setien. If the person is net as eftieer of the erpaltatien for which application is Bade, he/she .at preasnc written ..thnrinatiea tree Che pre, to sign. Tarxvar � 21 , March l0 , May 2-D , J-UYxe- 1-7 , `sCpA-ember Kv , and Uov-ember lb . s..._ 086 a uQ 04- o� au�w of COUNCIURDA MEETING DATE: January 19, 2010 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Denial of Claim for Damages Filed by: REA CONSENT CALENDAR: Day Spa Salon, Inc.; Date of Loss — July 23, 2009 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Deny the Claims for Damages filed by REA Day Spa Salon, Inc.; Date of Loss — July 23, 2009. FISCAL IMPLICATIONS: The total amount of the claim is $10,000. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by REA Day Spa Salon, Inc. with a reported date of loss of July 23, 2009 (Attachment 1).. The claim was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. has reviewed the matter and recommends that the City Council deny the claim. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Deny the Claim for Damages filed by REA Day Spa Salon, Inc. with a reported date of loss of July 23, 2009; or 0$l 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, 4kIn/ Bret M. Plumlee, Assistant City Manager — Management Services Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . July 23, 2009 Claim for Damages ATTACHMENT 1 FILE WITH: CLAIM FOR DAMAGES CITY CLERK'S OFFICE City Of LaO*ta TO PERSON OR PROPERTY P.O. Box 1604 La 0*W. CA9= INSTRUCTIONS . 1. Ciakm for&* In?4 W pMM'or jD WNWPopmtymustbeffW lalmdmnebtmona%eW Pkocmxremm (Gov. Code19112.) 2 CWm fw damepea b mal pmpedy must be filed rol ldw Inert 1 year GW the oeamanoe. (Gm. Code § 9112.) S. Read er ore debt form before f6tq. 4. See pop 2 brdagrem upon which to bmie Fbce ofac idenl. 5. 7W dalm ban must be SVW on page 2 d boWnt. 6. A9ach separate dm %I►neoeaserl bghe fug detwl& SIGN EACH %M. e mgwdhgdaM: Del': =free: /y!�'" SCfalm for ' bufenvlAy,gtvedal' dafrrent served wdh the eoopfaint Data: Where did DAMAGE or INJURY ooad! Desolbe fully, ane brats on diagram on reverse and address and me nls imJn l'nd a 4W1 Il / k P 11j-z/d- /-a a Desate N deW how thaw or INJURY occurred. �5—ce /legec- RESERVE FOR FILING STAMP CLAIM NO.� y do you daM 9m dly l' spons s c'� 74 c-3 N o c> 4 M m T rn n x r �' rn m v The amwml chimed, as of ft dab of plesent&rk of tlds dahM is Com{wled as folaws: Damages in ned iodate (exact): Estimated prospedive damages as far as town: Damage to property ..................... $ Fuwe expenses for modiW and hospital Care .S �.,��p�� — �—. Expanses tomedxatand1Kxplalcare ..... E Fudge loss of earrings ....................E„7u '- Loss Of eamkgs ...... :.......... I ...... $ Odw proepecM special damages ..........E Special damages for ..................... $ Prospedwe general damages ..............$ $.y i v k: - Total estimated prospective damages .......E 16 a, X). General damages ....................... $ Tobldamages draaredbdab .......... E Total amcunt dainad es of dab of presantafan bf M daim: $ Was damage vAbrkduryhves gaWbypoke? nvo Msomatcit? Were perameft atarnbularm caled7 If so trams dty or ambulance If Wed, state dab, 8pmmee, name wW address dodo of yaow Wtlal vtsMp re q at have z MhY1, oXv. d ndaress �Y(�rk) 7,Ard� � Phone-ti477jf2YZ-3 Name address Phana Nam Address —Ptole DOCTORANDHOSHTALS: Hospital Address PDone Dolor Address Pborle Dodo Address; Pbooe READCAFMIALY Fardwd6edd"plaoeanW*i%MWMMee,dxfi�trdUft e'..-hYA1'andbow ofyourae aryoerveakbetFeameataaoddra East, Souk And Wo C bd mb place of amMW by't' and by staatrq laws by'B-P end Cie pcW of iapadbyW nurbnordtswMiasbeatmnem CCIbVe"wwk dvad.damwbby WwonaCmofQ11al dewbeyouWon IkwWby'B'baaon01wMdf NOTE PobgambebwdonaMOnduab^albdreemloaprWe d*w oryour vd b whM)w kdaawGyVOW,loaemaf00wdddeatimeof WOW bydelawd. J ZL SIDEWALK A CURB 9.`1 .' .. CURB PARKWAY SIDEWALK 7 0913 Rea day spa salon Inc. 78-370 hwy Ill ste 180 (760) 777-7816 La quinta ca. 92253 fax (760) 341-3299 October 9,2009 Dear Mrs. Bret M. Plumlee I am sending the claim back because the city of La Quinta did a poor job of in forming us in in this project. The city did not take the impact it would on our business. We our a hard time with people losing their jobs , the city should have thought before they went with project ONLY if city had talk to us so we could work together. I have work for caltrans for 38 years and 34 years 1 have work Hwy]H Aim sending pictures of what caltrans did in one day on the rock back five years ago. And all that time we had small amount of rocks coming down .(see sheet caltrans 1,2) THE MAINPROBLEM WITH THE CLOSER OF III? LPLAZA LA Quinta intersection was closed now more that 2-months Because of this close now people have go to Washington then black to enter of Ill west bound 2.when you do get in shopping center you only have one exit out by the light close to our salon .(see sheet # 6) 3. Now city put up sign on Ill and Washington and we do have rea day spa salon on this sign only because I complain. 4. Radio spot 103.1 and 106.1 this very important ad vestment we were not add to radio spot. This did not help our business at all. On Sept 4,09 1 meet with Timothy R. Jonasson and Leonard R Sauver on this problem losing of III exits from point happy shopping center. They explain that try to do project fast has they can and than t offer the contractor more money if they finish early. THIS WHAT I SAY TO THAT WHYIS THE CITY OFLA QUINTA GIVING MONEYTO CONTRATER .REA DAYSPA SALONINC. IS LOSING MONEY AND WE SHOUD GETTING THE MONEY. Gene H. Aviles (preL.) of Rea Day Spa Salon inc. is asking the city of La Quinta help thought this project that hurt our business. The impact is Aug. 2009 - 2500.00 Sept 2009 - 2500.00 Oct 2009 - 2500.00 (season) Nov, 2009- 2500.00 (season) Total of 10,000.00 for all 4 month 2- month of summer, 2 month of season. Please do not let business go down, this cause by the city of La quinta. Gene H. Aviles 10-09-09 091 r.. WL t k4.AA-"v a 093 0 vy... I, r..t l C A .T 11 4-0tr/Y ti un t3 i i IN 'll l 096 r xtr y OF Tt� COUNCIL/RDA MEETING DATE: January 19, 2010 ITEM TITLE: Denial of Claim for Indemnity Against the City of La Quinta Filed By Coachella Valley Water District on December 10, 2009 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: �D STUDY SESSION: PUBLIC HEARING: Deny the Claim for Indemnity against the City of La Quinta filed by Coachella Valley Water District ("CVWD") on December 10, 2009, and authorize the City Manager and City Attorney to enter into a tolling agreement with CVWD. FISCAL IMPLICATIONS: I0Iem CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim for indemnity was filed by CVWD on December 10, 2009. (Attachmentl ). The City Attorney has reviewed the matter and recommends that the City Council deny the claim. Both the City and CVWD are defendants in a lawsuit filed by Maricela Cisneros Casarez relating to a utility easement. The City has successfully demurred to the complaint in the action and is now out of the case on all claims except a claim for declaratory relief relating to the easement and the parties rights relating thereto. Since the easement is not in favor of the City, this City has little interest in the case at this point. „_. i0o CVWD has filed this claim for indemnification against both the City and the County to protect its interests against a statute of limitations argument. However, the City Attorney and the counsel for CVWD have agreed to enter into a tolling agreement whereby CVWD will not need to file any cross -complaint against the City at this point in time, and the parties reserve their rights. This will avoid litigation expenses. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Deny the Claim for Indemnity filed by CVWD on December 10, 2009, and authorize the City Manager and City Attorney to enter into a tolling agreement with CVWD; or 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 . Claim for Indemnity Against the City of La Quinta a 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 %TTACHMENT 1 o �< C7 rn LAW OFFICES R EDWINE AND SHERRILL r O rn 1-� C> 1950 MARKET STREET i -"= rn RIVERSIDE, CALIFORNIA 925014720 TELEPHONE(951) 684-2520 684-9583 (P "D 3 rn FACSIMILES(951) (951)276-9099 O Harry C. Carpelan, SBN 102239 v Julianna K. Strong, SBN 180552 o v r A Attorneys for Defendant rn rn COACHELLA VALLEY WATER DISTRICT SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF RIVERSIDE MARICELA CISNEROS CASAREZ, ) CASE NO. INC 085601 (Hon. John G. Evans) Plaintiff, vs. CITY OF LA QUINTA; COACHELLA VALLEY ) WATER DISTRICT; FIDELITY NATIONAL ) FINANCIAL, INC. and DOES 1 through 50, inclusive,) Defendants. ) CLAIM FOR INDEMNITY AGAINST THE CITY OF LA QUINTA TO THE CITY OF LA QUINTA 78-495 Calle Tampico La Quinta Ca 92253 NOTICE IS HEREBY GIVEN that claimant COACHELLA VALLEY WATER DISTRICT, a county water district, hereby claims indemnity from the CITY OF LA QUINTA for any liability which claimant COACHELLA VALLEY WATER DISTRICT may incur as a result of the above - captioned lawsuit. The mailing address for claimant COACHELLA VALLEY WATER DISTRICT is P.O. Box 1058, Coachella CA 92236, however all notices regarding this claim should be sent to claimant's attorneys, Redwine and Sherrill, attention Julianna K. Strong, Esq., 1950 Market Street, Riverside, CA 92501, telephone 951-684-2520. This claim for indemnity arises from the First Amended Complaint filed as action number INC 085601 in the Superior Court of the State of California for the County of Riverside by plaintiff MARICELA CISNEROS CASAREZ against defendants CITY OF LA QUINTA; COACHELLA VALLEY WATER DISTRICT; FIDELITY NATIONAL FINANCIAL, INC. and DOES 1 through 102 1 50, inclusive. Plaintiff alleges she purchased a residence at 51-040 Avenida Velasco, in La Quinta, 2 California in 2007 without notice of an eight inch diameter subsurface water pipe on the property, 3 maintained by defendant COACHELLA VALLEY WATER DISTRICT (hereafter, CVWD or 4 DISTRICT). 5 The injuries claimed in the complaint allegedly occurred as follows: 6 1. Plaintiff's First Amended Complaint alleges three causes of action against CVWD, the 7 First for Declaratory Relief, the Second for Quiet Title, and the Third for Inverse Condemnation. 8 2. Plaintiff alleges that in May 1993 the CITY OF LA QUINTA passed a Resolution, 93-35, 9 establishing a public road, to be an extension of Calle Tampico, and an easement right of way for 10 public utilities therein on a portion of the property later purchased by plaintiff. 11 3. Prior to February 1994, defendant COACHELLA VALLEY WATER DISTRICT g 12 constructed its eight inch subsurface water pipe seven feet south of the center line for the planned J n J O N a• pNrO 13 extension of Calle Tampico, within the 30 foot public road established in Resolution 93-35. W w N N 0 W wm0ew 4. COACHELLA VALLEY WATER DISTRICT, as a county water district, had a right to w �m"o 14 Z_m U UIN. Y O N n s W N_ 15 exercise its right of way along the public streets under Water Code Section 31060: "A district may Z o U O 2 m ;mow 16 construct any works along, under, or across any street, watercourse, railway or conduit in a manner o �d< 17 that will afford security for life and property." ........... ........................ 18 5. Plaintiff alleges that in February 1994 the CITY OF LA QUINTA passed Resolution 94- 19 13, vacating the prior planned extension of Calle Tampico; however, pursuant to Streets and 20 Highways Code Section 8340, Resolution 94-13 expreqslv reserved from the rescission and vacation 21 of the public right of way dedication any existing public utilities placed therein for various 22 properties adjoining Calle Tampico, including plaintiffs property. 23 6. Plaintiff alleges that although Resolution 94-13 was recorded with the Riverside County 24 Recorder's office, it was improperly indexed and plaintiff seeks ultimately a declaration that the 25 defendant DISTRICT has no right to maintain its subsurface waterpipe on her property. 26 7 Plaintiff alleges that the CITY OF LA QUINTA, as the recording party, is liable for any 27 faultyindexing performed bythe RIVERSIDE COUNTY RECORDER. Whether, as plaintiff alleges 28 Resolution 94-13 was in fact improperly indexed is unknown to claimant at the present time. 0, ,.» • J -2- 1 1 2 3 4 5 6 7 8 9 10 11 ° 12 J _oN rc oNm 13 f N N N W w N N m Wpmdvm UNNzBm�o14 0 O y O N N n 15 W < m JZ NO=FN 16 3 m w w m ❑ J U ❑ Q, W 6 W 4 rc W 17 _ p _ 18 8. Defendant COACHELLA VALLEY WATER DISTRICT was not responsible for recording the CITY OF LA QUINTA's Resolution 94-13, and through no fault of its own is now placed in the position of potentially being found liable to plaintiff without any right to have its waterpipe on plaintiff's property. 9. The Summons and First Amended Complaint by plaintiff, filed as action number INC 085601 in the Superior Court of the State of California for the County of Riverside against defendant COACHELLA VALLEY WATER DISTRICT, among others, was served on claimant herein on August 26, 2009. COACHELLA VALLEY WATER DISTRICT was not previously served with the original complaint. This claim for indemnity is presented to the CITY OF LA QUTNTA within the six month time period set forth in Government Code Section 901. 10. The exact nature and extent of the damages claimed by plaintiff for which claimant COACHELLA VALLEY WATER DISTRICT may be held liable and for which it seeks indemnification are presently unknown to claimant. Claimant COACHELLA VALLEY WATER DISTRICT demands that the CITY OF LA QUINTA defend and indemnify claimant for any and all damages and costs in connection with the defense against the action by plaintiff and for all costs associated with any relief which the plaintiff may obtain from the court in regards to claimant, for which the claimant may be found liable to plaintiff, due to the negligence and fault of the CITY's employees and agents. 19 11. Claimant COACHELLA VALLEY WATER DISTRICT will also seek to recover from 20 the CITY OF LA QUINTA its attorneys fees incurred under the provisions of Code of Civil 21 Procedure Section 1021.6. 22 All notices or other communications with regard to this claim should be sent to claimant's 23 attorney as follows: Redwine and Sherrill, attention Julianna K. Strong, Esq., 1950 Market Street, 24 Riverside CA, 92501, telephone 951-684-2520. 25 Dated: December 10, 2009 REDWINE AND SHERRILL 26 27 By: " . ( V I 2 8 Harry'C. C elan Attorneys for Defendant COACHELLA VALLEY WATER DISTRICT 104 -3- y OF Tt� COUNCIL/RDA MEETING DATE: January 19, 2010 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Denial of Claim for Damages Filed by: Matt CONSENT CALENDAR: Jervis; Date of Loss — November 28, 2009 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Deny the Claims for Damages filed by Matt Jervis; Date of Loss — November 28, 2009. FISCAL IMPLICATIONS: The total amount of the claim is $250. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Matt Jervis with a reported date of loss of November 28, 2009 (Attachment 1). The claim 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 Matt Jervis, with a reported date of loss of November 28, 2009; or 1p5 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. November 28, 2009 Claim for Damages FILE WITH CITY CLERKS OFFICE City of La Quinta P.O. Box 1504 La Quinta, CA 92253 CLAIM FOR DAMAGES TO PERSON OR PROPERTY 2009 RESERVE FORA//WTA STAMP RECEIVED EC 4 P 33 57 INSTRUCTIONS CITY OF LA QUINTA 1. Claims for death, injury to person or to personal property must be filed not later than CjTr fta�Ttka Scce'FffC E (Gov. Code §911.2) 2. Claims for damages to real property musk be filed not later fl m I year after the occurrence. (Gov. Code § 91112 3. Read entire claim for before filing. 4. See page 2 for diagram upon which to locate place of accident. 5. This claim form must be signed on page 2 at the bottom. 6. Attach separate sheets, if necessary, in give full details. SIGN EACH SHEET. TO: (Name Of City) La Quinta Name of Claimant Matt Jervis Home Address of Claimant City and State 44830 Via Mirabel _ La Quinta, CA Business Address of Claimant City and State 42104 Washington Street Bermuda Dunes, CA Give address and Phone No. to which you desire notices or communications to be Sent regarding this claim When did DAMAGE or INJURY occur? Date: 1128/2009 Time: 1:00 am if Claim is for Equitable Indemnity, give date claimant served with the complaint: Date: Birth Date of Claimant: Occupation of Claimant: Food Server Home Phone of Claimant: (760)360-9374 Business Phone of Claimant: (760)772-6100 ClaimanCs Social Security No.: Names crony city employees involved in INJURY or DAMAGE: where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet. Where appropriate, give street names and address and measurements from landmarks. Just before the intersection of Avenue 60 and Palm Ave. Describe in deal how the DAMAGE or INJURY occurred. 1 was driving west on Avenue 50 and all of a sudden a tree appeared in the middle of the street. I slammed on my brakes and swerved to the right lane but the tree still managed to break my windshield. Why do you claim the City is responsible? A city tree had blown into the middle of the road. Describe in detail each INJURY or DAMAGE THis a Ape MUST BE SIGNED ON REVERSE SIDE shattered my windshield. HMENT 1 101 Nn• The amount claimed, as of the date of presentation of this claim, is computed as follows: Damages incurred to date (EXACT'): Estimated prospective damages as far as (mown: Future expenses for medical and Damage to Property $ 250 hospital wre Expenses for medical and hospital pre 5, Future loss of earnings Loss of earnings E. Other prospective special damages Special damages for E, Prospective general damages Total estimated prospective damages General damages S Total damages Incurred to date f Total amount claimed as of date of presentation of this Jahn f, Was damage and/or injury investigated by police? Yes If so what City? La Quirda Where paramedics or an ambulance called? If so, name, City or ambulance If injured, state date, time, name and address of your initial visit WffNFSSES to DAMAGE or INJURY: List all persons and address of person known to have information: Name Richard Jervis Address 44A30 Via Mirebel Phone (760)333<9W Name_ Address Phone m Nee_ Address_ ' _Phone_ DOCTOR AND HOSPITALS: Hospital Address _Phone Doctor Address _Phone Doctor Address Phone READ CAREFULLY For all accident claims place on following diagram name of streets, including North, South, East and West. Indicate place of accident by "X" and by showing house numbers or distances to street corners. If City Vehicle was involved, designate by letter "A" location of City Vehicle when you first saw it, and by "B" location of yourself or your vehicle when you first saw City Vehicle: location of City vehicle at time of accident by "A -I" and location of yourself or your vehicle at the time of the accident by `B-I"and the point of impact by "X". NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. H L am WALK CURB CURB —y PARKWAY eIDBWALK 7 Signature ofCl�ylj�gt �or pg�rso dingo rs behalf giving relationship TvDed Name: Date: To Claimant: i0yCf if � Matt 0-er v i s I A- H - 09 NOTE: CLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code § 915a.) Presentation of false claim is a felony (Pcn. Code § 72.) ip8 w I Tldf 4 4 a" COUNCIL/RDA MEETING DATE: January 19, 2010 ITEM TITLE: Approval of Notice to Louis DeMartino Terminating Art Purchase Agreement and Notice of Intent to Permanently Remove and Dispose of Artwork located at One Eleven La Quinta Shopping Center RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: ee�� CONSENT CALENDAR: �de STUDY SESSION: PUBLIC HEARING: Approve the sending of a notice to Louis DeMartino terminating the Art Purchase Agreement between Mr. DeMartino and the City, and notifying him of the City's and the property owner's intent to permanently remove and dispose of the artwork ("Oasis One Eleven") located at the One Eleven La Quinta Shopping Center. FISCAL IMPLICATIONS: None at this time. There will be costs to the City associated with the removal. The removal, disposal and turf replacement costs were previously estimated to be $15,000. The artist would be given the opportunity to take possession of the art piece at his own cost. BACKGROUND AND OVERVIEW: The City and Shovlin Companies ("Mr. Shoviin") jointly commissioned Mr. DeMartino to create the sculpture entitled "Oasis One Eleven" ("Artwork"). It is located at the northeast corner of Highway 111 and Washington Boulevard. The respective obligations of the parties were memorialized in an Art Purchase Agreement dated September 6, 1996 ("Agreement"). After the installation of the Artwork, it was subsequently determined that the Artwork was not what was originally envisioned by the City Council, and modifications were commissioned. Many people felt that the modifications did not improve the Artwork. The City Council has determined that the Artwork is not in keeping with community design standards, and the materials used in the Artwork are not suitable for the location. Specifically, the materials have not held up to the desert climate. 142 Over the years, numerous members of the public have complained to the City, to Mr. Shovlin and to the businesses at the One Eleven Center about the appearance of the Artwork and its incompatibility with its surroundings. As a result of these factors, the City Council has requested the City staff to investigate its removal or relocation. The City staff has also investigated the potential for relocating the Artwork, but it is cost prohibitive to do so. In addition, Mr. DeMartino has indicated in a letter to the City that the bronze top cannot be removed from the concrete base element without unalterably destroying the Artwork. Due to its size, weight, and configuration, it is not possible to relocate the base. In addition, traffic studies for projects in the area have identified the need to ultimately add an additional dedicated right turn lane on westbound Highway 1 1 1 to northbound Washington Street. The installation of that lane will require the removal of Artwork. Article IX of the Agreement provides that the City and Mr. Shovlin may, in their sole and absolute discretion, terminate the Agreement at any time. Article IX further provides that, upon such termination, the Artwork shall belong to Mr. Shovlin. Mr. Shovlin has indicated that he intends to permanently remove the Artwork from the Site and dispose of it. However, he is willing to donate it back to Mr. DeMartino or to any non-profit that would like to claim the Artwork. The California Civil Code contains provisions for the disposition of artwork that is part of a building or part of real property. The City Attorney had prepared a draft letter that provided Mr. DeMartino with 90 days to remove the Artwork, consistent with sections 989(e) and 987(h)(2) of the California Civil Code. A copy of the Draft Notice is Attachment 1 to this report. Mr. Shovlin and his legal counsel have approved the issuance of the letter. If Mr. DeMartino does not remove the Artwork from the Site within 90 days, Mr. Shovlin may remove and dispose of the Artwork in accordance with the provisions of the Civil Code. Alternatively, if Mr. DeMartino removes the Artwork from the Site within the 90-day period, title to the Artwork will pass back to him. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the sending of a notice to Louis DeMartino terminating the Art Purchase Agreement between Mr. DeMartino and the City, and notifying him of the City's and the property owner's intent to permanently remove and dispose of the artwork ("Oasis One Eleven") located at the One Eleven La Quinta Shopping Center; or 113 2. Do not approve the sending of the notice to Louis DeMartino; or 3. Provide staff with alternative direction. Respectfully submitted, rx M. Katherine Jenson City Attorney Approved for submission by: C z Thomas P. Genovese, City Manager Attachment: 1. Draft Notice to Louis DeMartino Terminating Art Purchase Agreement and Notice of Intent to Permanently Remove and Dispose of Public Artwork ("Oasis One Eleven") located at One Eleven La Quinta Shopping Center 1j4 Attachment 1 [PRINT ON CITY OR DEVELOPER LETTERHEAD] January 14, 2010 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND FACSIMILE TRANSMISSION (951) 970-7809 Mr. Louis DeMartino P.O. Box No. 391370 Anza, California 92530 Re: Notice of Termination of Art Purchase Agreement and Notice of Intent to Permanent) Remove and Dispose of Public Artwork ("Oasis One Eleven") located at One Eleven La Quetta Shopping Center Dear Mr. DeMartino: As you are aware, the City of La Quinta ("City') and Shovlin Companies ("Shovlin") jointly commissioned you to create the sculpture entitled "Oasis One Eleven" (the "Artwork") currently located at corner of Highway 111 and Washing Boulevard ("Site"). The respective obligations of the parties were memorialized in that certain Art Purchase Agreement dated September 6, 1996 ("Agreement'). A copy of the Agreement is enclosed for your reference. Article IX of the Agreement provides, among other things, that the City and Shovlin may, in their sole and absolute discretion, terminate the Agreement at any time. Article IX further provides that, upon such termination, the Artwork shall belong to Shovlin. You are hereby notified that the City and Shovlin are terminating the Agreement in accordance with the provisions of said Article IX As provided by the express terms of the Agreement, you may, if you so desire, submit a written request to Shovlin or the City that your name be removed from the Artwork. YOU ARE FURTHER NOTIFIED that Shovlin intends to permanently remove the Artwork from the Site and dispose of it. By your own admission, the bronze top cannot be removed from the concrete base element without unalterably destroying the Artwork.' Under such circumstances, California law imposes no requirement on either Shovlin or the City to take any action to preserve the integrity of the work. (See e.g., Cal. Civ. Code §§ 987(h) and 989(e)(1).) Nonetheless, you are hereby provided with an opportunity to remove the Artwork from the Site, at your sole expense, within 90 days of the date of this letter as provided by sections 989(e) and 987(h)(2) of the California Civil Code. Please be advised, that if you do not remove the Artwork from the Site within the requisite 90 days, Shovlin will remove and dispose of the Artwork in accordance with the provisions of section 989(e)(2) of the Civil Code. Alternatively, if you remove the Artwork from the Site within the 90-day period, title to the Artwork will pass back to you. This is a notice of intent to remove fine art from real property and dispose of the same and is intended to comply with Civil Code section 989. I See Letter from Louis DeMartino addressed to Edie Hylton, Community Services Director, City of La Quinta, dated April 11, 2007 (copy enclosed). Mr. Louis DeMartino January 14, 2010 Page 2 Sincerely, Thomas P. Genovese, City Manager Michael Shovlin City of La Quinta Shovlin Companies I j 6 i F LW 4 XP Quigrry CFM OF 11�F'9 COUNCIL/RDA MEETING DATE: January 19, 2010 ITEM TITLE: Authorization for Overnight Travel for Three Members of the Planning Commission and Planning Director to Attend the 2010 Planners Institute and Mini Expo in Monterey, CA, March 24 -26, 2010 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _a CONSENT CALENDAR: J STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for three (3) members of the Planning Commission and the Planning Director to attend the three-day 2010 Planners Institute in Monterey, CA, March 24-26, 2010. FISCAL IMPLICATIONS: Costs associated with attending the Conference will be funded through Fiscal Services Training & Meetings, Account No. 101-6001-463.51.01. This conference was budgeted in the 2009-2010 Fiscal Year Budget at $9,600. The breakdown of expenditures per person anticipated for this conference is as follows: • Conference Enrollment - Early Registration • Travel • Meals (3 days x $75) • Lodging Total CHARTER CITY IMPLICATIONS: None. $ 510 $ 325 225 590 $1,650 x 4 = $6,600 BACKGROUND AND OVERVIEW: The three-day 2010 Conference focuses on planning issues affecting local governments such as: Addressing Air Quality, CEQA Information, Changing Climate, Changing Regulations, Addressing the Requirements of SB 375 and Local Government Implementation of Planning Principles into their General Plans. Additional Seminar information is included in Attachment 1 . FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for the Planning Commission members and Planning Director to attend the three-day 2010 Planners Institute in Monterey, CA, March 24-26, 2010; or 2. Do not approve authorization for overnight travel for the Planning Commission and Planning Director to attend the three-day 2010 Planners Institute in Monterey, CA, March 24-26, 2010; or 3. Provide staff with alternative direction. bmitted, , Planning Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Conference Material „.. 148 4 4.vQur«rw COUNCIL/RDA MEETING DATE: January 19, 2010 ITEM TITLE: Authorization for Overnight Travel for One Council Member to Attend the League of California Cities Revenue and Taxation Committee Meeting in Sacramento, California to the Held January 21, 2010 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 14 STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for one member of the City Council to attend the League of California Cities Revenue and Taxation Policy Committee Meeting to be held Thursday, January 21, 2010 at the Sacramento Convention Center in Sacramento, California (Attachment 1). FISCAL IMPLICATIONS: Expenditures for this conference are estimated as follows: Travel $ 370 Hotel $ 200 Meals $ 75 TOTAL $ 645 Funds for this conference attendance are available in the Legislative Program's Travel, Training and Meetings Account (#101-1001-411.51-01). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The League of California Cities Policy Committees meets four times each year. The first meeting of the Policy Committees in 2010 is scheduled for January 21, 2010 at the Sacramento Convention Center in Sacramento, California. Council Member Henderson sits on the Revenue and Taxation Policy Committee. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for one member of the City Council to attend the League of California Cities Revenue and Taxation Committee Meeting in Sacramento, California to be held January 21, 2010; or 2. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, Wanda Wise -Latta, Executive Assistant Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . League of California Cities Revenue and Taxation Policy Committee Agenda for January 21, 2010 120 ATTACHMENT 1 REVENUE AND TAXATION POLICY COMMITTEE Thursday, January 21, 2010 10:00 a.m. — 3:00 p.m. Sacramento Convention Center, 1400 J Street, Room 204, Sacramento Note: For the early -birds, you are invited to join us at 9 — 9:30 a.m. for a continental breakfast and a tour of the newly remodeled League offices at 1400 K Street, 3rtl floor (behind the convention center). AGENDA I. Welcome and Introductions II. Public Comment III. Overview of Parliamentary Procedure and Roberts Rules (Handout) - To review seven page document, visit., www.cacities.ore%olcomm IV. Committee Orientation V. League Strategic Goals for 2010 (Attachment A) VI. State Legislative/Budget Update • Governor's Budget —Michael Coleman and Dan Carrigg (Attachment B) For more information, please visit: www.ebudcet.ca.gov • Mark Hill, Program Budget Manager, Local Government, State Department offinance • CRA Redevelopment Litigation Update —Hugh Bower, Emanuels, Jones & Assoc. VIL Governance Reform Update (Attachment C) • Chris McKenzie, Executive Director, League of CA Cities (11:15 am) (Title and Summary, and LAO write-up on League -Sponsored ballot initiative) Vill. Federal Legislative Update • League Federal Priorities (Attachment D ) • Summary of Federal Jobs Bill, Most Recent League Letter (Attachment El, E2) • Federal Legislation: Request by California Earthquake Authority for League Support for pending federal legislation: Catastrophe Obligation Guarantee Act (Attachment Fl, 172) IX. Review of Summary of Existing Policy & Guiding Principles (Attachment G) X. Perspective on State Budget, Economic Development and Reform (12:00 pm) - Senator Bob Dutton, Vice Chair, Senate Budget and Fiscal Review Committee XI. Committee Work Program • 2009 Work Program: Status (Attachment H) • 2010 Draft Work Program (Attachment I) XII. Comprehensive Needs Assessment for Local Streets & Roads — League/CSAC -Presentation —Dorothy Johnson, Policy Analyst, LCC (Attachment .9 For additional information visit: www.SaveCaliforniaStreets.org XIII. Next Meeting: THURSDAY, April 8, 2010, Ontario Convention Center �... 121 rd cm Registration Open 10:00 a.m. - 5:00 p.m. Opening General Session The Economy 2010 - Will it Delight, ( ValAtDisappoint or Dismay.' 1. What will the real estate market be like in 2010? Who is in charge of the market and valuation? It used to be the buyer, not any more? By popular demand, renowned expert, Carole Rodoni will kick off the conference with an update of financial and real estate hot topics. Speaker.' Carole Rodoni, Bamboo Consulting Concurrent Sessions 2:30 - 3:45 p. nn. Art in the DNA of a City Art is frequently an afterthought in our cities and public realm. Yet, cities that integrate and promote culture, art, creative activities and jobs reap benefits that can be transforming. Learn to incorporate art into the fabric of the city through general plans and other ordinances. Examples will show how public art entails symbolic meaning, physical form, interactive or passive activity, maintenance and security issues -- simultaneously planned with public input to obtain the mutual benefits of public art and public places. Moderator and Speaker: Gsvynne Pugh, Planning Commissioner, Santa Monica Speakers: Jessica Cusick, Cultural Affairs Manager, Santa Monica K.M. Williamson, Ph.D., Consultant/Social Ecologist, Urban Public Realm Constdring California Environmental Quality Act (CEQA) Update From a quick review of CEQA fundamentals to more advanced topics of key court decisions, learn and review the law's objectives and the latest information. Revisions to the CEQA guidelines relative to analyzing greenhouse gas emissions will also be addressed. Speaker: Terry Rivasplata, Environmental Planner and Technical Director, ICI' International, Sacramento California Statewide Blueprint Planning The Blueprint Planning process is an example of collaborative land use and transportation planning. Representatives from SACOG and SANDAG will share their experiences and address challenges such as addressing the requirements of SB 375 and assisting local governments in implementing blueprint planning principles into their general plans. !'resider: Donna Kerger, Planning Commissioner, San Ramon Speakers: Gordon Garry, Director of Research & Analysis, Sacramento Area Council Of Governments, Sacramento Bob Leiter, San Diego Association of Governments, San Diego Planning Commissioners' Role and Responsibilities What is your role and responsibility as a planning commissioner in your community? How do you interact with the city council? Do you have knowledge of the legal and planning documents needed to make the best planning decisions? Discuss innovative ways to improve your practical working relations with staff, proponents, and the public. Presider: Laurel Preve[ti, Deputy Director, Department of Planning, Building.md Code Enforcement, Plan Implementation Division, San Jose Speakers: Renee Gum, Sr. Deputy City Attorney, San Jose Richard A. McDonald. Chairman, Planning Commission, Pasadena Dennis Viers, Planning Commissioner, San Ramon FUNDAMENIAM: 'Ibis track Qhas been designed for new commissioners and offers a basic understanding of the topics 123 Concurrent Sessions 4:15 - 5:30 p.m. F How to Run a Meeting Are your meetings getting unruly? Do your Commissioners speak out of turn and speakers comment from the audience? Learn how to control a meeting to ensure everyone has an opportunity to speak and get practical tips on how to have amicable dynamics and successful meetings. Presider. Debbie Chamberlain, Planning Manager, San Ramon .Speakers: Patricia Curtin, Planning Commissioner, Lafayette Joel Rojas, Community Development Director, Rancho Palos Verdes Niroop Srivatsa, Planning and Building Services Manager, Lafayette Sustainability 2.0 - Creating a Culture of Sustainability Sustainable design is a high priority for addressing climate change and quality of life. Principles and practices for implementation will be studied including a small California town's decade of progress in going green, a Canadian ecodensity model and the new Portland, Oregon, eco-district concept. Emerge with valuable tools and strategies for facilitating sustainable and cost saving practices in cities and communities. These strategies will enable your city to set the green bar high and create a sustainable legacy for future generations. Moderator and Speaker: Darin Dinsmore & Associates - Sustainable Community Strategies, Lake Tahoe/Vancouver, British Columbia, Canada Speaker: Peter Chamberlin, Planning Director, Windsor Legislative Update Get the latest legislative and regulatory updates. Focus on the SB 375 process, specifically, the actions of the Regional Targets Advisory Committee and pending actions by the Air Resources Board. Current legislation and budget discussions will be highlighted. Presider: Bob Nichols, Planning Commission Chairperson, Danville .Speakers: Bill Higgins, Legislative Representative, League of California Cities, Sacramento Dane Wadle, Legislative Analyst, League of California Cities, Sacramento F LAFCOs: Annexations, Spheres of Influence, and Provision of Municipal Services Local Agency Formation Commissions (LAFCOs) establish boundaries and municipal service areas for cities and other local agencies. What laws regulate LAFCOs and what LAFCO issues do city planners routinely face? A wide variety of issues and questions will be covered from how a city can annex a territory to what a city can do to stop or regulate development by the county or other governmental entity within a city. Speakers: Bob Braivnan, Executive Offer, LAPCQ Santa Barbara Holly Whatley, Attorney, Colantuono & Levin, PC, Los Angeles Networking Reception 5:30 - 6:30 p. m. Relax and network with your colleagues before heading out for dinner on your own in beautiful Monterey. A reception only registration badge is available for $25.00 for guests and spouses of registered attendees. AICP CREDIT'S This program has been submitted to the American Planning Association to be approved for CM credits to AICP members. Please check your onsite program to find out how to apply for cnediLs 10 i 124 Demystifying the Architectural and r S N� Wi Registration Open 7:30 a.m. - Noon General Session & Breakfast Reading People From the Outside In - Face Reading 8:00 - 9:45 a.m. 9tGet to the truth by accurately reading any facial expression within 60 seconds. Detect a person's thinking style by looking at their eyebrows and spot the indicators of resistance and how to avoid them. Increase your persuasion abilities by knowing what response you'll get before approaching someone. Speaker. Harry Perdew, Ph.D., The Perdew Group, Chino Hills Concurrent Sessions 10:00 - 1 1:30 a.m. Addressing Air Quality in the Planning Process Air pollution expands beyond political boundaries, therefore many air quality problems are best managed on a regional basis through local agency participation. Insights will be shared on what cities can do. AB 170 which requires cities and counties within the San Joaquin Valley Air Pollution Control District to incorporate strategies to improve air quality in their general planning efforts will also be discussed. Moderator and Speaker: Ralph Kachadourian, Senior Planner, Sanger Development Services, Sanger Speaker: Eric N. Schreffler, Transportation Consultant, San Diego 10 City Finance 101 for Planners Embark on a voyage into the strange world of California municipal finance. The essentials of city finance will be tailored to city planners and planning commissioners. Learn the rules and trends in taxes, fees and other city revenues, the relationship with the state budget, problems and prospects for reform. Explore the valid relationship of city finances with land use planning and get your questions answered about the most pressing fiscal issues facing cities. Speaker: Michael Coleman, Fiscal Policy Advisor, League of California Cities, CaliforniaCityFinance.com, Davis Site Plan Review Process The review of architecture and site plans for proposed development projects is a common responsibility of a planning commission. Highlight insights and tools for evaluating design plans and achieving well -designed projects. Discuss basic design principles and approaches for effective plan review, appropriate questions and issues to ask planning staff and the applicant, and how design guidelines can assist in the review of development projects. Illustrate a productive design review process and successful design solutions. Presider: Hanson Hom, Director of Community Development, Sunnyvale Speakers: Larry L. Cannon, President, Cannon Design Group, Sausi ito Margaret Kavanaugh -Lynch, Planning Commissioner, El Cerrito Ron Munekawa, Chief of Planning, San Mateo Ensuring Mobility in a Changing Era Spreading foreclosures, rising traffic congestion, escalating commute costs, transit cutbacks, increasing diversity, an aging population -- these trends and more are contributing to a growing mobility crisis at the same time that SB 375 aims to cut carbon emissions. How can we plan communities so residents of all ages and abilities can fully participate in community life while also reducing Vehicle Miles of Travel (VMT)? Describe promising approaches to enhance neighborhood mobility and compliance. Presiding: Steve Sanders, Director, Land Use and Environment Program, Institute for Local Government, Sacramento hN Speakers: Kristin Mueller, Executive Director, WalkSan Diego Janet Ruggiero, FAICP, Forster Community Development Director, Citrus Heights Jo:utTwiss, Executive Director, Center forCivic Partnerships, Sa¢:unenro Lunch and Mini Expo 11:45 a.m. - 1:45 p.m. Meet vendors who serve city planning departments and specialize in environmental planning, land use, affordable housing, municipal law, community development, urban design, traffic solutions, air quality and more. 125 Concurrent Sessions Mobile Tours 2:00 - 4:00 p.m. Ethics for Planners & Planning Commissioners (AB 1234) State law requires elected and appointed officials to receive training in specified ethics laws and principles every two years. Newly elected and appointed officials must receive this training within one year of becoming a public servant. This lively, example laden, two -hours will make this mandatory training more tolerable -- if not outright enjoyable. Speaker. Michael Martello, City Attorney, Mountain View High Speed Rail Hear the latest information about the development of the High Speed Rail. Specific topics to be discussed include: route plans, updates on efforts to secure financing at the federal level and economic stimulus projections associated with the High Speed Rail. How to Read an EIR California Environmental Quality Act was conceived to promote the goal of ensuring that elected officials understand the environmental impacts of their decisions. People familiar with EIRs are painfully aware that most of them stray far from the ideals. EIRs commonly exceed 500 pages and their language has become overly complicated. With helpful background, everyone can learn to read an EIR critically and focus on the information that is most important to making good policy decisions for their communities. Presider. Avanindra Gangapuram, Planning Manager, San Pablo Speaker: l mry Wiener, President, Richards Watson and Gershon, Los Angeles 2:00 - 5:00 p.m. $25 siga-tip fee To attend one of the mobile tours you will need to register ordine. The tours will be on a fast -come, first -served basis. Your tour coupon will be included in your registration packet, along with it badge and meal coupons. Once a ,.,,.r is filled, it will be marked onliue:rs "Not AvaiLrble". llaere will be no refunds. Monterey Pemnsula College (maxinrnor of45 People) In 2002, Monterey Peninsula College passed a $145 million capic l improvement bond. With those funds, they are undergoing a total campus renovation. Tour the College and view how one community integrates sustainability into their everyday actions, their buildings and in their community as a neighborhood. Tour Leaders; Joe Bissell, Vice President for Administrative Services, Monterey Peninsula College Joe Demko, Project Director, Kitchell CEM Walldng Tour of Monterey (M.,aetpGnotos jio) Get an insider's perspective on local economic development and redevelopment in the waterfront and downtown mixed -arse districts. Monterey Planning staffwill highlight opportunity sites and futures planned development, as well as provide a foram for questions from participants. Local issues affecting infill development will be discussed, including local seater constraints and impacts to historic properties. (my United spare) 7onr Lenders: Christy Hopper, Sr Associate Planner, Monterey rricia Wotan, Associate Plannet, Nlonterey Sustainable Reuse of the Former Fort Ord (Maximum of45 People) Visit the Seaside Highlands residential project, Seaside Resort, Preston and Abrams Pak rehabilitated housing, Dimes on Monterey Bay, and CS UMB campus. The APA award winning Base Reuse Plan emphasizes a sustainable mix of educational, environmental and economic development components. Lean how the former army base is transitioning to civilian reuse on a tour including Base Retie Plan and Capital Improvement Program elements, such as transportation and transit, affordable and workforce housing, augmented water supply, stormwater management, and public safety, Habitat Conservation Planning, and munitions remediation through a novel Environmental Services Cooperative Agreement grant from the Army. Tour Leaden: Steve Endsley, Director of planning and Finance, Fort Ord Reuse Authority, Marina Doug Yount, Development Services Director, Marina Evening on Own 1 6 u Lai 1001 we Grab and Go Breakfast Housing Elements and Id 7:45 - 8:15 a.m. Housing Laws: What Every Concurrent Sessions . Commissioner Should Know 8:15 - 9:45 a.m. Most cities in California have completed housing Changing Climate, Changing elements in the past two years. Laws regarding affordable housing have become increasingly Regulations: Climate -Proofing complex. Discuss key issues including zoning for Your Community adequate sites and emergency shelters; other housing Planners are confronting not only climate change laws, including the Housing Accountability Act, but an uncertain future of regulation and strained density bonuses, and the Fair Housing Act; recent Finances. Discuss practical, cost-effective planning cases involving inclusionary zoning; and,1 how to tools that can be used now to meet community engage the community in issues involving affordable needs and put your city in a position to satisfy future housing. legal requirements. Determine how to use the General Plan to promote climate protection and p p Moderator and Speaker.' Barbara Kautz, Attorney, Goldfarb & Lipman LLP, Oakland Speakers: sustainability. Identify tools to recover climate Jeff Baird, AICP, Principal, Baird + Driskell Ctunmunity planning costs and limit general fund expenses and Planning Collaborative, Fairfax strategies to maintain local land use control while Janet Kennedy, Council Member, Martinez and Housing S meeting state mandates. Coordinator, Antioch Presiding:Hot Issues for 2010 Terrell ll Watt, AICP, Attorney General's Office Climate Planning Advisor, State of California, San Francisco Explore the latest information on timely late Speakers: breaking issues. Autumn Bernstein, Executive Director, ClimatePlan, Sacramento Chandra Krout, Environmental Programs Administrator, Irvine Closing General Session Richard Taylor, Partner, Shute, Mihaly & Weinberger LLP, Local Strategies for San Francisco Creating Healthy IN No Stupid Questions Communities UJ Do you have planning questions, but are I U:00 - l 1:0o a.m. reluctant to call your peers or staff for the answers? There is a growing awareness that Do you wish for a better system for getting advance how neighborhoods are planned and built has a notice about upcoming agenda items? Fear not! profound influence on public health. Hear a Share your frustrations or questions and hear how dynamic presentation on ways cities can use other cities have handled similar situations. Planning planning, economic development, redevelopment commissioners, council members and staff are and other tools to create healthier neighborhoods for invited to this popular interactive session of lively all their residents. exchange where your questions will be answered. Speaker. - Everyone gets to chime in ...there are no stupid Dr. Robert Ogilvie, Program Director, Planning for Healthy questions and no talking heads! Places, Public Health Law and Policy, Oakland Speakers: Robert Combs, Planning Commissioner, Danville Lynn Overcashier, Program Manager, 511 Contra Costa, Sessions/speakers are subject to change. Pleasant Hill ..... 121 All attendees must register for the conference directly with the League of California Cities online at www.cacities.org/events prior to reserving a hotel room. Once your registration is complete, you will be directed to the housing registration page. If paying with a check or money order, please download a registration form from our website at www.cacities.org/events * Full registration includes two breakfasts, reception and Mini Expo Luncheon. Full Conference (Wed thru Fri) City Staff/ Officials $510.00 All Others $650.00 One day registration is not available A guest badge is required to allow attendance at all sessions and meal functions. Guest/Spouse (full conference) $125.00 Guest/Spouse (Reception only) $25.00 Note: It is inadvisable to use city funds to pay for spouse registration. See 75 Ops. Cal. Arty. Gen. 20 (1992). Consult with your city attorney for more information. * Refunds will be made for cancellations submitted in writing and received by Friday, March 12, subject to a $50.00 processing charge. There will be no refunds for cancellations received after this date. Substitutions can be made onsite. Mobile Tours The following mobile tours are offered at $25.00 per person with advanced online registration and have limited space. One tour per attendee only. Guest/Spouses are not eligible for educational tours due to limited space. + Sustainable Reuse of the Former Fort Ord + Monterey Peninsula College Walking tour of downtown Monterey (very limited space) * Secure Your Hotel OPTION A (credit card): The online conference registration link, will take you directly to the online housing reservation currently available on your selected dates. For immediate hotel reservations and confirmation, please book your required rooming needs online after registering for the conference. OPTION B (check or money order): After the League of California Cities receives and processes your registration for the conference, an e-mail with an online link (URL) for hotel reservations and/or a housing request form will be sent to you. If electing to mail the housing form with hotel deposit, please fill out the hotel reservations form completely and mail it with check or money order to the group reservations department. tF Hotel reservation changes, date modifications, early check-outs or cancellations must be communicated directly by each individual to the hotel. After March 2, all late cancellations and early check-outs will incur a financial penalty or minimum one-night room charge from the hotel and you/your city will be responsible for any attrition fees charged to the League of California Cities. Portola Hotel Two Portola Plaza, Monterey, CA 93940 It Hotel Rate: $175.00 (Per night plus taxes and fees) Valet Parking: $20 per day; Self Parking: $17 per day The League strongly encourages all attendees to utilize the headquarters hotel to minimize contractual and financial damages. a,e._.. 128 Twf ot 4 aubfm COUNCIL/RDA MEETING DATE: January 19, 2010 ITEM TITLE: Acceptance of Lago La Quinta and Villas at La Quinta Sound Attenuation Walls, Project No. 2006-02 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: _Z STUDY SESSION: PUBLIC HEARING: Accept Lago La Quinta and Villas at La Quinta Sound Attenuation Walls, Project No. 2006-02, as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; authorize staff to release retention in the amount of $101,317, thirty-five (35) days after the Notice of Completion is recorded. FISCAL IMPLICATIONS: The following is a budget summary Project Budget Total $1,357,731 Amount Spent Through December 31, 2009 $1,112,038 Project Budget Amount Remaining $ 245,693 Current Progress Billing $ 47,475 Remaining Fiscal Commitment to Contractor $ 125,908 Project Budget Amount Remaining After Construction Efforts $ 72,310 Original Construction Contract Amount $ 963,697 Contract Change Orders No. 1-4 $ 83,018 Contract Quantity Change Order No. 5 (Credit) $ (29,550) New Contract Total $ 1,017,165 Amount Paid to Contractor to Date $ 891,257 Total Remaining Fiscal Commitment to Contractor $ 125,908 Total Retention to be Released (Less Plant Estab. Period) $ 101,317 90 Day Plant Establishment Period to be billed (No Retention) $ 4,000 Contract Amount Remaining to be Billed By Contractor $ 20,591 129 Adequate funding is available to pay the contractor's remaining billing ($20,591) and retention ($101,317) for project closeout. CHARTER CITY IMPLICATIONS: The project was funded 100% with Transportation Development Impact Fee (DIF) funds, which are generated locally. Consequently, the project was bid without the prevailing wage requirements. BACKGROUND AND OVERVIEW: The proposed improvements included 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 was expanded to include the installation of drought tolerant landscape improvements within the parkway adjacent to Lago La Quinta. At the request of Coachella Valley Water District (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. 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 were included in the adopted CIP budget as a single project and reflect previously appropriated funding. On December 18, 2007, City Council approved the plans, specifications and engineer's estimate for the Lago La Quinta and Villas of La Quinta sound walls Project No. 2006- 02 and authorized staff to advertise the project for construction bids. On March 17, 2009, City Council awarded a contract for $963,697 to Parsam Construction, Inc., to construct the Lago La Quinta and Villas at La Quinta Sound Attenuation Walls, Project No. 2006-02. On April 13, 2009 a Notice to Proceed was issued with a one hundred twenty (120) working day contract completion time starting April 27, 2009 and ending on October 14, 2009. Contract Change Orders extended the project until December 7, 2009. The project was deemed substantially complete on November 30, 2009. The project's construction effort is now deemed to be 100% complete and is in compliance with the plans and specifications. Quantity adjustments were made between the proposed bid quantities, and the actual quantities utilized resulting in a credit to the project for reduced trench repair and overlay quantities. In this case, 130 water service lines were bored underneath the pavement rather than trenching in Washington Street. Therefore, no patches or overlay were required. Prior to filing the Notice of Completion, staff must receive authorization from the City Council to approve this project as 100% complete and authorize the City Clerk to file a Notice of Completion. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the Lago La Quinta and Villas at La Quinta Sound Attenuation Walls, Project No. 2006-02 as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; authorize staff to release retention in the amount of $101,317, thirty-five (35) days after the Notice of Completion is recorded; or 2. Do not accept the Lago La Quinta and Villas at La Quinta Sound Attenuation Walls as 100% complete; do not authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; do not authorize staff to release retention in the amount of $101,317, thirty-five (35) days after the Notice of Completion is recorded; or 3. Provide staff with alternative direction. Respectfully submitted, imothy onas P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager 131 COUNCIL/RDA MEETING DATE: January 19, 2010 ITEM TITLE: Consideration of Inclusion of the 8.99- Acre Parcel Located South of the Fred Wolff Bear Creek Nature Preserve RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None for this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: / CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: On June 19, 2003, the City Council approved the purchase of 19 acres of land zoned as Open Space as part of the General Plan. On July 6, 2004, the City Council named this open space park the Fred Wolff Bear Creek Nature Preserve (Preserve). A park site map is provided as Attachment 1. On November 24, 2009, the City Council received a letter from the Stewards of the Fred Wolff Nature Preserve to include 8.99 acres of undeveloped city owned property into the Preserve (Attachment 2). The property is located directly south of the Preserve and east of the Bear Creek Trail. This property, along with four other parcels, was conveyed to the City on June 18, 1996 from the Coachella Valley Water District and is zoned for recreational use. This property serves as open space. An amendment to the Preserve Master Plan will need to be developed in the future to address this area if added to the Preserve. On January 11, 2010, the Community Services Commission approved the inclusion of the 8.99 parcel to the Preserve. 13, FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the inclusion of 8.99-acre parcel south of the Preserve into the Fred Wolff Bear Creek Nature Preserve; or 2. Do not approve the inclusion of 8.99-acre parcel south of the Preserve into the Fred Wolff Bear Creek Nature Preserve; or 3. Provide staff with alternative direction. Respectfully ubmitted, t1h. Edie Hylton Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Map of the Preserve and 8.99 Acre Site 2. Letter from Stewards of the Fred Wolff Bear Creek Nature Preserve dated November 24, 2009 133 ATTACHMENT 2 Honorable Mayor Don Adolph Honorable Councilman Stanley Sniff Honorable Councilwoman Terry Henderson Honorable Councilwoman Linda Evans Honorable Councilwoman Kristy Franklin 78 495 Calle Tampico La Quinta, California 92253 November 24, 2009 u' Nov 2 4 2009 L city OF 17A UOIti IA—� CITY MANAGER S DEPT. Honorable Mayor and Members of the City Council: The Stewards of the Fred Wolff Bear Creek Nature Preserve request that the land along the Fred Wolff Bear Creek Trail south of the existing preserve be officially designated as part of the preserve, and be included in its master plan. . The area we wish to add is bordered by the Calle Chillon entrance to the trail (north), the Calle Tecate entrance (south), the flood control channel (west), and Avenida Montezuma and the rear property lines of 17 lots along the west side of the southern end of Avenida Madero (east). The original preserve, 19 acres purchased by the city in 2003, stopped at the Calle Chillon entrance to the trail. City staff research shows that the proposed addition, an approximately 8.99 acre parcel, is city land with an access easement for the Coachella Water District similar to the rest of the preserve. Many who enjoy the southern end of the trail are surprised to learn that it is not yet protected as part of the preserve. The stewards encourage the city to protect the natural characteristics of this area by including it in the preserve. We invite each of you to visit to this area to see that it retains much of the natural character and native vegetation of the desert. We are sure this will confirm the wisdom of officially adding this area to the Fred Wolff Bear Creek Nature Preserve. The stewards look forward to continuing working with Community Services Department to preserve our beautiful desert. Those who use the trail and enjoy the flora and fauna flourishing there will thank you for your foresight in protecting it for generations to come. Thank you. Sincerely,0"4-�4&e Stewards o the Fred Wolff Bear Creek Nature Preserve cc: Tom Genovese, City Manager M.. 135 C�`N OF 7tt4'O COUNCIL/RDA MEETING DATE: January 19, 2010 AGENDA CATEGORY: ITEM TITLE: Discussion of the City of La Quinta's Transportation Funding Options Related to the Coachella Valley Transportation Uniform Mitigation Fee (TUMF) Program RECOMMENDATION: As deemed appropriate by the City Council. CHARTER CITY IMPLICATIONS: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: None at this time. However, if the City Council chooses to ultimately adopt the Coachella Valley Transportation Uniform Mitigation Fee (TUMF) Program, the City will begin receiving its proportionate share of the Measure "A" one half cent sales tax. Because the sales tax is collected county wide, it is considered regional in nature and projects funded through it are subject to prevailing wage requirements. FISCAL IMPACTS Please refer to Tables 2 and 3 in Attachment 1 for the Fiscal Impacts BACKGROUND AND OVERVIEW: A detailed evaluation of the City of La Quinta's transportation funding options related to the Coachella Valley TUMF Program is provided for the City Council's consideration as Attachment 1 . The purpose of the attached study is to provide a focused evaluation of the City of La Quinta's options regarding participation in several transportation funding programs including: continued "indirect" participation in the Coachella Valley TUMF Program through forfeiture of the City's local share of Measure "A" sales tax; and implementation of the TUMF — "direct" participation in the TUMF Program. 136 Measure "A" was initially adopted by the voters in Riverside County in 1988. Measure "A" levied a new one half cent sales tax for transportation purposes for a period of 20 years, beginning July 1, 1989 and ending on June 30, 2009. The voters renewed Measure "A" in 2002 for a period of thirty (30) additional years, beginning on July 1, 2009 and ending on June 30, 2039. The voter -approved legislation directly links a local agency's receipt of the half cent of sales tax to that agency's participation in the Coachella Valley TUMF Program. The Program required the local agencies to charge a fee on new development. If an agency chose not to impose TUMF payments on local development projects, the agency was not eligible to receive its proportionate share of the half cent sales tax revenues set aside for local streets and roads under Measure "A". The City of La Quinta chose not to impose the TUMF during the first 20 years and forfeited its local share to the Regional Arterial Program administered by Coachella Valley Association of Governments (CVAG). As of June 30, 2009, the City forfeited an amount of $12,022,203 from the Measure "A" half cent proceeds. It is estimated that if the City would have adopted the TUMF Program, the City would have collected $21,955,646 of regional development impact fees and contributed those fees to CVAG for use on eligible regional arterials. The difference between what the City would have collected if it had a TUMF Program and what it forfeited in sales tax ($9,933,443) is the shortfall amount CVAG might ask the City to make up in order to make the Regional Arterial Program "whole". This amount is referred to hereinafter as "the shortfall." There is nothing in the original Measure "A", the newly adopted Measure "A", or in the implementing agreement that provides for collecting the "shortfall" from an agency that initially chose not to adopt a TUMF Program but later chooses to do so. However, that has been CVAG's approach with the two agencies that went through the process (Coachella and Desert Hot Springs) both of which paid their "shortfall" by assigning a portion of their Measure "A" local monies to the TUMF until the "shortfall" was made up. Moreover, since the renewed Measure "A" that went into effect on July 1, 2009, was a separate tax measure, there is no real precedent for carrying a "shortfall" under one taxing program over to a new taxing program. While the "shortfall" appears large on the surface, the City has funded the construction of certain transportation -related infrastructure that was, or is currently, listed within the approved Regional Arterial Program as eligible for Regional Arterial Program funding. The City could request that the "shortfall" be reduced to reflect some level of credit for these expenditures. To determine the amount of the credit Staff reviewed the financial records associated with the transportation related capital improvement projects constructed by the City of La Quinta between Fiscal Years 1989-1990 and 2008-2009. After 137 completing this review, it was determined that the City constructed $7,931,889 worth of transportation infrastructure improvements identified within the Coachella Valley Regional Arterial Program as eligible for 50 to 75% Regional Arterial Program funding. Considering the City of La Quinta has not received past credit for any of the costs of these improvements from CVAG, the City should be eligible for a credit of at least 50%, and possibly as much as 75%, of these costs to offset the shortfall identified above. If the City is able to obtain a 50% credit in the amount of $3,965,944, to offset the identified "shortfall" in the amount of $9,933,443, the City's "shortfall" would be reduced to $5,967,499. If the City is able to obtain a 75% credit in the amount of $5,948,916, the City's shortfall would be reduced to $3,984,527. Staff has approached CVAG staff regarding this matter; CVAG staff was hesitant to commit to providing the City with such credit, but were receptive to further exploring the City's request for offsetting credit for the City's non -reimbursed improvements to eligible regional arterials. Also worth noting is from 1989 to 2009, the City collected $29,898,035 from its local transportation impact fees (Infrastructure Fee/Development Impact Fee) and invested this money in its City-wide transportation infrastructure. The City's transportation impact fee collected more funds than either the TUMF funds that would have been collected or the sales tax forfeited by the City (see Table 3 of Attachment 1). Since the renewed Measure "A" adopted in 2002 imposed a replacement one-half cent tax starting on July 1, 2009, it is an appropriate time for the City to consider if it is in its best interest to directly participate in the TUMF Program during the next thirty (30) years. If the City chooses to adopt the TUMF, the City would collect an estimated $27,381,000 (based on the maximum density currently allowed under the General Plan multiplied by the existing TUMF) of regional transportation impact fees at build out and contribute these funds to CVAG for use on the Coachella Valley's regional arterials. For this contribution, the City would receive an estimated $35,534,250 of sales tax for use on its local streets and roads. The City's transportation -related developer impact fee (DIF) is estimated to generate $48,436,297 (based on the maximum density currently allowed under the General Plan multiplied by the current development impact fee) through buildout. However, the City's DIF is restricted to new construction and cannot be used for maintenance purposes. Any measure "A" sales tax the City would receive could be used for either new construction or maintenance of existing roadways. .S., 138 There are three actions the City of La Quinta would need to take in order to implement the regional TUMF Program and receive its local share of Measure "A" sales tax. First, the City would need to determine how to address CVAG's request that the City make up the "shortfall". Second, the City would have to adopt the Model TUMF Ordinance. Finally, once the first two actions have been accomplished, the City would be required to establish a "Maintenance of Effort" amount which ensures a continuing commitment of local discretionary funds to local street and road improvements. Using the RCTC adopted Maintenance of Effort guidelines for Measure "A", the City's annual maintenance of effort would be approximately $1,158,838. FINDINGS AND ALTERNATIVES: The City of La Quinta has forfeited $12,022,203 of Measure "A" sales tax to the Valley -wide Regional Arterial Program during the study period July 1, 1989 through June 30, 2009. This essentially equates to the City paying the TUMF on behalf of its developers. However, this amount was more than made up for by the City's Developer Impact Fee which were used 100% in the City of La Quinta for needed transportation improvements. While a "shortfall" of $9,933,443 currently exists between what the City would have collected and remitted under a TUMF Program and the City's forfeited sales tax, considering the City is approximately 71 % built out and has considerable commercial development, it is possible that the forfeited sale tax would catch up with the estimated TUMF over time if the City does not opt into the TUMF Program. The City of La Quinta constructed transportation infrastructure improvements that were listed as approved Regional Arterials by CVAG. The City did not receive reimbursement for these facilities. CVAG currently reimburses up to 75% of the costs of approved regional arterials. Subsequently, if the City determines that it should pay the "shortfall," the City should first request that CVAG recognize the City's past expenditures on approved regional arterials and negotiate an appropriate credit to offset any shortfall. 139 The amount of City Transportation Impact Fees generated was considerably higher than that which would have been generated by the regional TUMF and the amount of Measure "A" sales tax revenue forfeited for the period July 1, 1989 through June 30, 2009. The forecasted additional revenues generated by the City Transportation Impact Fees (i.e. DIF) will continue to outperform the regional TUMF and the City's share of Measure "A" sales tax revenue through June 30, 2039. However, DIF consists of one time payments that are restricted to capital projects and cannot be used for street maintenance. This restriction will become more of an issue as the City's street system ages and regular maintenance takes priority over capital improvements. The amount of regional TUMF the City may generate through build -out is estimated at $27,371,000, the amount of the City's share of Measure "A" sales tax is estimated at $35,534,250. If these estimates are correct, the City will receive approximately $8,153,250 more than it would be required to contribute in developer -paid TUMF contributions if it were to join the TUMF Program. Options In an effort to address the Program requirements outlined above, the following two options are provided. These options include: No Change or Status Quo; and implementation of the regional TUMF Program. The implications of each of these two options are presented below. Option 1 - No Change/Status Quo The "No Change/Status Quo" option assumes that no significant changes are made to the existing process. The City will continue to collect its transportation impact fees and continue to forfeit its local share of the Measure "A" sales tax to the Regional Arterial Program. Advantages: The City Council will maintain full discretion in administering the total transportation related impact fees collected within the City of La Quinta. The City's infrastructure fee attributed to transportation improvements will likely continue to generate more revenue than would be generated in the future by the TUMF. 140 There will be no changes to the existing process. Subsequently, no additional administrative burden will be placed on City staff. Disadvantages: The City will continue to forfeit its local share of the Measure "A" Sales Tax proceeds. The Measure "A" sales tax proceeds may generate approximately $8 million or more than the developers would pay under a City' TUMF Program through the year 2039. The City may have less influence at CVAG to obtain additional Regional Arterial Program funding. The City's DIF can only be used for capital improvements and cannot be used to maintain the existing roadway network. Option 2 - Adopt and Implement the Regional Transportation Uniform Mitigation Fee This option assumes the City of La Quinta will choose to adopt and implement the regional TUMF. Advantages The City would begin receiving its proportionate share of the local one half cent sales tax. After the City prepares and submits its 5-year capital improvement plan outlining the intended use of these monies, the money is virtually "no strings attached" and can be used on almost any transportation improvement. The sales tax pretty much stays at constant levels with only slight deviations from year to year. Subsequently, it is easier to prepare and implement capital improvement plans than relying solely on DIF fees. The City will be considered a "Full" participant in CVAG"s Regional Arterial Program. Disadvantages: The City's developers would begin paying the regional developer fee in addition to the City transportation impact fee via the DIF. The City may be required to lower its transportation impact fee by the amount of the TUMF for each land use category to stay competitive in the Valley's economic market. 141 CVAG is requesting the City make up the "shortfall" between the amount of Local Measure "A" funds forfeited and the amount of regional developer fees that would have been collected if the City had implemented a TUMF Program from the inception of the program. m The City Council would lose some of its current discretionary authority as it relates to transportation infrastructure related developer fees collected within its jurisdiction. City Staff would experience a slight increase in workload. This increase in workload would likely reach all departments. The City may also experience "start- up" costs for establishing its program procedures. The City would be required to implement prevailing wage requirements for the use of Measure "A" sales tax. Other Unresolved Issues: CVAG has allowed municipal jurisdictions to make up any TUMF/Measure "A" shortfall over a period of years using a portion of its local Measure "A" sales tax. CVAG may be willing to make similar arrangements with the City of La Quinta. The City of La Quinta should negotiate with CVAG in an attempt to obtain recognition of its expenditure of locally generated revenue on eligible regional arterials and pursue getting credit for,these expenditures to offset the gap between the amount the City has contributed with its share of the sales tax and the amount it would have generated in TUMF revenue. The issue of whether it is appropriate to carry over a "shortfall" under one tax measure to the implementation of another tax measure has not been addressed. Respectfully submitted, Ti othy R. Jon ssor, .E. ublic Work irect /City Engineer 142 Approved for submission by: Z4 Thomas P. Genovese, City Manager Attachment: 1. Detailed TUMF Evaluation 143 VNAI Consulting January 8, 2010 Timothy R. Jonasson, P.E. Director of Public Works/City Engineer City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 63 955 Adelina Road Cathedral City. CA 92234 17601 323-5344 • Fax 17601 323-5699 SUBJECT: LETTER REPORT -AN EVALUATION OF THE CITY OF LA QUINTA'S TRANSPORTATION FUNDING OPTIONS RELATED TO THE COACHELLA VALLEY TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) PROGRAM Dear Mr. Jonasson: The following are NAI Consulting's findings and conclusions regarding the City's transportation funding options related to the Coachella Valley Regional Arterial Program, Transportation Uniform Mitigation Fee (TUMF), and Measure "A" one half cent 11/2%) sales tax. The relationship of the City's Infrastructure Fee Program/Development Impact Fee (DIF) Program to the Regional Program's TUMF component is also addressed. Introduction: The purpose of this study is to provide a focused evaluation of the City of La Quinta's options regarding participation in several transportation funding programs including: continued "indirect" participation in the Coachella Valley TUMF Program through forfeiture of the City's local share of Measure "A" sales tax; and implementation of the TUMF - "direct" participation in the TUMF Program. In 1988, voters in Riverside County passed Measure '.A", which levied a new one half cent sale's tax for transportation improvements. Measure "A" required developers to provide additional contributions to transportation improvements, and the Coachella Valley cities decided, through the Coachella Valley Association of Governments (CVAGI, to implement a uniform fee called the Transportation Uniform Mitigation Fee (TUMF). 144 It is important to identify the relationship between the TUMF Program, and Measure "A". In addition to identifying the financial implications associated with each of the funding options, this analysis also identifies the impacts of compliance or non- compliance with the regulatory requirements of each funding option being considered by the City of La Quints. REVIEW OF PROGRAMS AFFECTING THE CITY OF LA QUINTA Coachella Vallev Reqional Arterial Program In September, 1984, the Southern California Association of Governments (SCAG), the Riverside County Transportation Commission (RCTC), and CVAG initiated the development of the Coachella Valley Area Transportation Study (CVATS). The purpose of the CVATS was to identify the Coachella Valley's street and highway needs through the Year 2010. Based on the results of the CVATS study (completed in December 1987) $800 million in State, regional and local road improvements were identified. Approximately $590 million of that amount was earmarked for new improvement projects on the Regional Arterial System. Proposed facilities include; improved freeway interchanges, railroad crossings, bridges across the Whitewater River or other channels, and major arterials. Through this Coachella Valley sub -regional planning effort, it was determined that approximately 50% of the future street and highway system projects, which were needed to accommodate growth, could be built using existing transportation revenues (developer contributions and local street and road funding). The remaining 50% of the needed funding would be provided by alternative funding mechanisms. CVAG, through it's member agencies, concluded that two additional funding mechanisms would be necessary in order to implement the system, 25% from implementation of a valley - wide TUMF and 25% from a one half cent (1/2%) increase in the sales tax. To address the first additional funding mechanism, CVAG developed a model ordinance (applied to new development and expansion of existing projects throughout the Coachella Valley) to be adopted by each local agency in order to collect TUMF fees. To develop a uniform fee and model ordinance for the entire Valley, the Coachella Valley was identified as "single impact area" based on the findings and conclusions of the CVATS Study. That study determined that growth induced impacts in the Coachella Valley by the Year 2010 will affect the total regional transportation system and double the Valley's population and employment. These effects would result in significant congestion along existing streets and roads and insufficient public revenues necessary to fund the needed improvements. It was also determined that the collection of TUMF fees was a fair and equitable method of distributing the cost of the needed improvements among developments which would ultimately generate the 2 145 increased traffic, Finally, CVAG developed and adopted criteria which identified a list of Regional Arterial System projects which would be eligible to receive TUMF funding. In addition to TUMF fees, the affected local agencies were encouraged to provide additional funding for the transportation projects through gas tax subventions, Federal Surface Transportation Program (STP) Funds and Congestion Mitigation and Air Quality (CMAQ) Program funds which are both administered under the Federal Transportation Development Act, or the Safe Accountable, Flexible Efficient Transportation Equity Act a Legacy for Users (SAFE TE LU), developer dedications, and the local share of the Measure "A" '/2 cent sales tax. Further, CVAG created a formula to provide developer "in -lieu -of fee" credits, wherein developers would be eligible for credits if they provided Regional Arterial System improvements in addition to those adjacent to their development. However, in order to receive a credit, CVAG would have to first determine the developer installed improvements to be over and above the developers' required contributions to mitigate the impacts of its project. Measure "A" One Half Cent (or Yz %) Sales Tax Program To address the second additional funding mechanism, Riverside County voters approved Measure "A" on November 8, 1988, Measure "A" provided for an increase of the sales tax by one half cent 0 /2%) to be used County -wide for transportation purposes through the year 2009. Currently, the Coachella Valley Area receives approximately 25% of the Riverside County Measure "A" funds. The Measure "A" Ordinance required that revenues generated within the Coachella Valley be returned to the Coachella Valley and be used specifically for transportation purposes. The funds were divided into four programs. Fifteen percent (15%) was dedicated to State Highways, not less than 35% and not more then 40% was to be returned to local jurisdictions for local road improvements, not less than 5% and not more than 10% was dedicated to public transit projects, and 40% was to be dedicated to the Regional Arterial Program. That portion of the Measure "A" sales tax revenue which is returned to local jurisdictions is based on a 50/50 average considering sales tax generated (point of sale) and the number of dwelling units, rather than simply on a point of sale basis. This method (formula) was intended to recognize that it is the residents who pay sales tax and to provide some equity to those jurisdictions that have more residential development than retail sales tax producing development. The 40% sales tax dedicated to the Coachella Valley's Regional Arterial Program was originally estimated to generate approximately $121 million by Fiscal Year 2008/09. (The current forecasts estimate the sales tax funding to be closer to $1 81 million.) It should be noted that the voter adopted Measure "A" Expenditure Plan specifically links implementation of the TUMF Program to the Measure "A" Regional Arterial Program. It 3 146 also stipulates that TUMF funds must generate an amount equal to Measure "A" sales tax allocated for the Regional Arterial System. To comply with this requirement, the cities and Riverside County must participate in the Coachella Valley TUMF Program or forfeit their local share of the Measure "A" sales tax proceeds (called "in -lieu of TUMF" fees) to Coachella Valley Regional Arterial Program. Currently, the City of La Quinta is the only City assessed "in -lieu of TUMF" fees from the Measure "A" Local Streets and Roads Program. Cumulatively, these sources of funding were expected to provide over $362 million toward the cost of completing the Regional Arterial System ($181 million from Measure "A" sales taxes and $181 million from the TUMF Program). Local jurisdictions are also required to ensure that local transportation infrastructure funding efforts ("Maintenance of Effort") and "Developer Contributions" continue to be provided and not substituted with the "new" sales tax funding. The Maintenance of Effort requirement intends that the additional funds provided by the sales tax measure be used to supplement, not replace, local revenues and required developer contributions being used for transportation purposes. Measure "A" recipients (Local Cities and the County) are required to annually submit to RCTC a list of proposed uses for the new sales tax revenues and a certification that the maintenance of effort requirements are being met. If in any fiscal year the maintenance of effort requirement is not met, the agency will not be eligible for any sales tax funds in the following fiscal year. Such funds will be redistributed to the remaining local governments using the formula for the area. In 2002, the voters of Riverside County renewed the one half cent sales tax measure, again submitted as Measure "A". The new measure began on July 1, 2009 and will end on June 30, 2039. The renewed measure is similar to the original legislation in that it requires the new funds generated to be distributed to the sub -region the funds are collected in; includes "Maintenance of Effort" requirements; and links the receipt of the local share by agencies to the adoption of the sub -regional TUMF. The new measure will distribute 50% of the funds collected to State Highways and Regional Arterials, 35% of the funds collected will be returned to cities and the county in the Coachella Valley for use to assist with the costs of local street and road improvements, and 15% of the funds collected will be used to improve and expand public transit services. As with the past measure, the 35% local share may be used for maintenance of an agency's local streets and roads. However, the new measure also allows a portion of the 50% set aside for State Highways and Regional Arterials to be used to maintain the regional system. 4 .. 141 Transportation Uniform Mitigation Fee (TUMF) Program The valley -wide TUMF Program was implemented on July 1, 1989, The TUMF Program (adopted ordinance) does not have a specific sunset date and does not require renewal to meet the requirements of the new sales tax measure. However, unless renewed, the Implementation Agreement authorizing CVAG to manage and administer the Regional Transportation Program expires at the end of calendar year 2010. The TUMF is collected by each participating agency and is provided to CVAG for use on eligible regional arterials. The TUMF Program establishes a single, uniform, per trip fee applicable to all new development in the nine cities and unincorporated Riverside County within the Coachella Valley. As previously stated, the funds generated by the fee will provide additional revenue toward the construction of the regional arterial system. The TUMF assessment is based on the number of vehicle trips that new development or site improvements will generate as stated in the Institute of Transportation Engineers Trip Generation Manual, 7"' edition. To estimate costs for the Coachella Valley's planned Regional Arterial System, CVAG prepares and maintains the Coachella Valley Regional Arterial Cost Estimates (RACE). The current RACE was adopted in February 2006. The 2006 RACE is the latest of 5 cost estimates prepared by CVAG. To summarize the report's content, CVAG now projects the adopted regional arterial system to cost approximately $2,611,390,862 distributed: $2,248,025,920 for construction projects, $317,222,935 for right-of-way acquisitions, and $46,141,997 for other project related impact costs. The costs associated with engineering are included within the estimated construction costs. In determining the per -trip fee, CVAG determined that developers should contribute at least 50% of the Coachella Valley's Regional Arterial System costs. These contributions would come from fees and/or dedications, based on a uniform average per -trip cost assigned to all new development according to land use type. CVAG determined and identified certain land uses which are exempt from TUMF fees. These exempted uses include: low and lower income housing; public buildings, public schools and public facilities; buildings used for religious purposes; and the reconstruction of any building within one year of its untimely destruction. Early in the program CVAG expanded this list to include any expansion of less than 1000 square feet to an existing commercial or industrial development. CVAG's TUMF Program also provides for a possible "Conditional Waiver" of TUMF fees for Day Care Centers and Private Schools if these uses meet certain criteria. 5 148 On June 27, 2005, CVAG's General Assembly approved a modification of the CVAG boundaries as well as the TUMF collection boundary. As a result, CVAG updated the Transportation Project Prioritization Study (TPPS) and conducted a Fee Nexus Study. Based on those studies, the following per -trip fees were adopted: $192/trip for new residential, $74/trip for new retail/commercial, and $148/trip for new non -retail and new hotels. Table 1 summarizes the effects of these fees on new development. TABLE 1 TYPE OF DEVELOPMENT FEE IMPACT Residential $192.00 Per Trip $1,837.44 per SFD DU Commercial Sales Tax Producing $74.00 Per Trip $5.69 Per Sq. Ft.(Based on 10,000 Sq. Ft. Development) Non Sales Tax Producing Conn mercial(Office) $148,00 Per Trip $5.19 Per Sq. Ft. Hotel $148.00 Per Trip $1,075.96 Per Room Industrial $148.00 Per Trip $1.04 Per Sq, Ft. Relationship to the Measure "A" Program Measure "A" increased the local sales tax by one-half cent. Revenues from this increase help finance improvement projects on State Highways, the Regional Arterial System, and on local streets and roads over a twenty year period between fiscal years (FY) 1989/90 and 2008/09. The one-half cent sales tax increase is expected to provide over $181 million toward the cost of the Coachella Valley Regional Arterial System during the initial twenty year period. The renewed Measure "A" will continue collecting the one-half cent sales tax revenue for transportation purposes for an additional 30 years, beginning July 1 , 2009 through June 30, 2039, During this 30 year period the one half cent sales tax is estimated to generate an additional $1.255 billion. The voter approved legislation directly links the sales tax and TUMF programs. Both the existing measure and the renewed measure specifically state that: "Cities and the County in the Coachella Valley must participate in the Transportation Uniform Mitigation Fee (TUMF) program to assist in the financing of the priority regional arterial system in order to receive these funds. If a city or county chooses not to levy the TUMF, the funds they would otherwise receive for local streets and roads will be added to the Measure "A" funds for the Regional Arterial Program." 6 149 In other words, any non-TUMF collecting jurisdiction forfeits its local share of the sales tax to the Regional Arterial Program administered by CVAG. The City of La Quinta does not currently collect the TUMF and forfeits it's local share of the one half cent sales tax to the Coachella Valley Regional Arterial Program. Analysis of Conditions that Affect the City of La Quinta The City of La Quinta chose not to adopt and implement the Transportation Uniform Mitigation Fee (TUMF) Ordinance within its jurisdiction. Table 2 evaluates how much TUMF would have been collected and compares it to how much the City forfeited and contributed to the Regional Arterial Program through Measure "A" In -lieu funds. TABLE 2 FISCAL YEAR ESTIMATED TUMF (Note 1) MEASURE'A' IN -LIEU (Note 2) DIFFERENCE 1989/90 $1,094,460.61 $116,761.00 ($977,699.61) 1990/91 $333,862.41 $146,886.00 ($186,976.41) 1991/92 $524,984.27 $173,539.00 ($351,445.27) 1992/93 $876,856.29 $180,126.00 ($696,730.29) 1993/94 $509,172.24 $186,593.00 ($322,579.24) 1994/95 $457,005.02 $234,915.00 ($222,090.02) 1995/96 $598,740.76 $291,576.00 ($307,164.76) 1996/97 $688,706.42 $298,331.00 ($390,375.42) 1997/98 $958,902.48 $323,704.00 ($635,198.48) 1998/99 $1,273,840.54 $393,577.00 ($880,263.54) 1999/00 $1,221,567.15 $523,100.00 ($698,467.15) 2000/01 $1,056,827.34 $621,078.00 ($435,749.34) 2001/02 $1,427,542.84 $685,965.00 ($741,577.84) 2002/03 $1,508,933.69 $890,931.00 ($618,002.69) 2003/04 $1,560,440.25 $905,706.00 ($654,734.25) 2004/05 $1,573,746.40 $1,063,890.00 ($509,856.40) 2005/06 $2,273,447.04 $1,296,935.00 ($976,512,04) 2006/07 $1,437,931.38 $1,323,162.00 ($114,769.38) 7 FISCAL YEAR ESTIMATED TUMF (Note 1) MEASURE 'A' IN -LIEU (Note 2) DIFFERENCE 2007/08 $1,394,203.74 $1,280,743.00 ($113,460.74) 2008/09 $1,184,475.42 $1,084,686.00 099,789.42) TOTAL $21,955,646.29 $12,022,203.00 ($9,933,443.29) Note 1: The estimated TUMF values were determined by calculating the TUMF for each City Building Permit issued during the period July 1, 1989 through June 30, 2009. Detailed information regarding NAI's calculations are available upon request. The Estimated TUMF provided for FY's 2007/08 and 2008/09 were obtained from CVAG. Note 2: The Measure 'A" In -Lieu contributions were obtained from CVAG unaudited Measure "A" reports. As indicated, the City would have collected $21,955,646.29 in TUMF. During this same time period the City forfeited $1 2,022,203 as its in -lieu TUMF contribution. The difference of $9,933,443.29 is the shortfall amount CVAG may ask the City to make up in order to make the Regional Arterial Program "whole". While the gap between the amounts of in -lieu TUMF (sales tax) contributed and the amount of TUMF the City would have generated appears large on the surface, the City has constructed certain transportation related infrastructure that was, or is currently, listed within the approved Regional Arterial Program as eligible for Regional Arterial Program funding. Staff reviewed the financial records associated with the transportation related capital improvement projects constructed by the City of La Quinta between Fiscal Years 1989/1990 and 2008/2009. Following this review, it was determined that the City constructed $7,931,889 worth of transportation infrastructure improvements identified within the Coachella Valley Regional Arterial Program as eligible for Regional Arterial Program Funding. Considering the City of La Quinta has not received past credit for any of the costs of these improvements from CVAG, the City should be eligible for a credit of at least 50%, and possibly as much as 75%, of these costs to offset the shortfall identified above. If the City is able to obtain a 50% credit in the amount of $3,965,944, to offset the identified shortfall in the amount of $9,933,443, the City's shortfall would be reduced to $5,967,499. If the City is able to obtain a 75% credit in the amount of $5,948,91 6, to offset the identified shortfall in the amount of $9,933,443, the City's shortfall would be reduced to $3,984,527. As an interesting side note, CVAG's TUMF Collection Report for Fiscal Year Ending 2008/2009 listed the City of La Quinta's in -lieu contributions as the fourth highest amount contributed to the TUMF Program since its inception on July 1, 1989, 8 City of La Quinta Transportation Related Transportation Impact Fees During the period of this analysis, the City of La Quinta assessed and collected both Infrastructure Fees and Development Impact Fees for transportation purposes. Transportation Infrastructure fees, 62.9% of the total fees collected, are used in this analysis for FY 1989/1 990 through FY 1998/1 999. Transportation Developer Impact Fees are used in this analysis for FY 1 999/2000 through 2008/2009. Table 3 compares the City's impact fees collected for transportation purposes to the estimated TUMF the City would have collected and to the Measure "A" In -Lieu funds the City forfeited. TABLE 3 FISCAL YEAR TRANSPORTATION IMPACT FEES ESTIMATED TUMF MEASURE "A" 1989/90 $1,616,823.11 $1,094,460.61 $116,761.00 1990/91 $708,249.60 $333,862.41 $146,886.00 1991192 $409,466.36 $524,984.27 $173,539.00 1992/93 $518,273.99 $876,856.29 $180,126.00 1993/94 $895,297.84 $509,172.24 $186,69100 1994/95 $878,531.22 $457,005.02 $234,915.00 1995/96 $1,008,317.19 $598,740.76 $291,576.00 1996/97 $976,442.62 $688,706.42 $298,331 00 1997198 $1,619,011.38 $958,902.48 $323,704.00 1998/99 $5,564,544.99 $1,273,840.54 $393,577,00 1999/00 $779,825.00 $1,221,567.15 $523,100.00 2000/01 $823,412.00 $1,056,827.34 $621,078.00 2001/02 $655,885.00 $1,427,542.84 $685,965.00 2002/03 $1,517,388.00 $1,508,933.69 $890,931.00 2003/04 $2,358,474.00 $1,560,440.25 $906,706.00 2004/05 $2,239,022.00 $1,573,746.40 $1,063,890.00 2005/06 $3,632,186.00 $2,273,447.04 $1,296,935.00 2006/07 $1,682,436.00 $1,437,931.38 $1,323,162.00 9 FISCAL YEAR TRANSPORTATION IMPACT FEES ESTIMATED TUMF MEASURE "A" 2007/08 $1,189,154.57 $1,394,203.74 $1,280,743.00 2008/09 $825,304.20 $1,184,475.42 $1,084,686.00 TOTAL *29,898,035.07 $21,955,646.29 $12,022,203.00 As indicated in Table 4 below, the City's Transportation Impact Fees out performed bath the Regional TUMF and the amount of Measure "A" sales tax forfeited. TABLE 4 CLQ Fee-vs-TUMF 529,898, 135.07 $21,955,646.29 CLQ Fee -vs -Measure "A" $29,898,035.07 $12,022,203.00 Considering the renewed Measure A and TUMF Programs are expected to continue through June 30, 2039 it is necessary to evaluate the forecasted amounts of Transportation DIF, TUMF and Measure "A" funding that could potentially be generated over this time period. Table 5 uses the latest land use estimates from the September 16, 2008 DIF Update to forecast the amount Transportation DIF and TUMF that may be generated through build -out of the City. The forecasts are in today's dollars and are not adjusted for inflation. TABLE S *Forecasted New Development- Jul 1, 2007-Build Out 'Transportation DIF *TUMF Land use Category Use Developed Acres Dev Units No. of units Fee per Unit Projected Revenue Fee per Unit Projected Revenue Residential (SF Detached) 3,093 DU 8,982 $3,592 $32,263,344 $1,837.44 $16,503,886.08 Residential (SF Attached) 55 DU 955 $3,592 $3,430,360 $1,290.24 $1,232,179, 20 Residential (Multi / Other) 69 DU 780 $2,098 $1,636,440 $1,290.24 $1,006,387. 20 Office ( Including) 37 KSF 865 $6,931 $5,995,315 $5,187.40 $4,487,101.00 General Commercial 72 KSF 356 $5,648 $2,010,688 $5,683.94 $2, 023,482.64 Tourist Commercial 83 Rooms 1,385 $1,826 $2,529,010 $1,075.96 $1,490, 204.601 Golf Courses 855 Acres 855 $668 $571,140 $745.92 5637,761.G0 TOTALS 4,264 $48,436,297 $27,381,002.32 Note 1 - The forecasted new development from July 1, 2007 thou bwld-out were extracted from the aep u, zuuo uir upuare. Note 2 - Transportation DIF Fees are calculated using the Trans DIF Units Casts presented in the Sep 16, 2008 DIF Update. Note 3 - TUMF forecasts were calculated using the per unit fees presented within the January 1, 2007 TUMF Handbook. 10 The City generated and forfeited $1,184,475 of Measure A sales tax during FY 08/09. Assuming the City will generate the same amount per year through FY 38/39, a period of 30 years, and using a straight line forecast in today's dollars, the City may generate approximately $35,534,250 of additional one half cent sales tax. As indicated in Table 6 below, the City's Transportation DIF will continue to outperform both the TUMF and City's share of one half cent sales tax through build - out or June 30, 2039. However, the one half cent sales tax will generate approximately $8,153,250 more than the revenue generated by the TUMF for the same period. 11re1:i1111:11B.1 CLQ Fee-vs-TUMF $48,436,297 $27,381,000 CLQ Fee -vs -Measure "A" $48,436,297 $35,534,250 TUMF-vs-Measure "A" $27,381,000 $35,534,250 Requirements for Implementing the TUMF Program There are three actions the City of La Quinta would need to take in order to implement the Regional TUMF Program. First, the City would have to adopt the Model TUMF Ordinance. Second, the City would be required to satisfactorily resolve any shortfall between the amount of Local Measure "A" funds forfeited and the amount of TUMF that would have been collected from the inception of the program. Finally, once the first two actions have been accomplished, the City would be required to establish a "Maintenance of Effort" amount which ensures a continuing commitment of local discretionary funds to local street and road improvements. Using the RCTC adopted Maintenance of Effort guidelines for Measure "A", the City's annual maintenance of effort would be approximately $1,158,838. Summary of Findings and Conclusions The City of La Quinta has forfeited $12,022,203 of Measure "A" sales tax to the Valley -wide Regional Arterial Program during the study period July 1, 1989 through June 30, 2009. This essentially equates to the City paying the TUMF on behalf of its developers. However, this amount was more than made up for by the City's Developer Impact Fee. ... 154 A shortfall or deficit in the amount of $9,933,443.29 currently exists between the amount the City would have contributed by the TUMF and the City's actual contributions from its forfeited sales tax. Considering the City is approximately 71 % built out within its existing corporate boundaries, it is likely that the sales tax forfeited would catch up with the estimated TUMF over time. The City of La Quinta constructed transportation infrastructure improvements that were listed as approved Regional Arterials by CVAG. The City has not requested reimbursement for these facilities. CVAG currently reimburses up to 75% of the costs of approved Regional Arterials. Subsequently, the City should request that CVAG recognize the City's past expenditures on approved regional arterials and negotiate an appropriate credit to offset or resolve any shortfall or deficit. The amount of City Transportation Impact Fees generated was considerably higher than that which would have been generated by the Regional TUMF and the amount of Measure"A" sales tax revenue forfeited for the period for the period July 1 , 1989 through June 30, 2009. The forecasted additional revenues generated by the City Transportation Impact Fees will continue to out perform the Regional TUMF and the City's share of Measure "A" sales tax revenue through June 30, 2039. The amount of Regional TUMF the City may generate through build -out is approximately $27,371 ,000, the amount of the City's share of Measure "A" sales tax is estimated at $35,534,250. If the forecasts are to be believed, the City will receive approximately $8,1 53,250 more than it would be required to contribute if it were to join the TUMF Program. As previously stated, the City's Developer Fee program outperformed the TUMF program and the Measure "A" program during the 20 year life of the original sales tax measure. The City's Developer Fee program enabled the City to construct the majority of its transportation infrastructure (streets and roads)• However, during the 30 year life of the new measure, new street and road infrastructure will not likely be the City's focus. The maintenance of the street and road infrastructure constructed during the first 20 years will likely become the new priority during the next 30 years. According to the funding forecasts presented above, the City's Developer Fee revenue will continue to outperform both the TUMF and Measure "A" revenues in the future. However, the developer fees are limited to new construction and cannot be used to maintain the existing streets and roads. Adopting the TUMF at this time will provide the City with an estimated $35,534,250 of sales tax funding that can be used for either new construction or maintenance, rather than $48,436,297 for new construction only. !2 155 Options In an effort to address the Program requirements outlined above, the following two options are provided. These options include: No Change or Status Quo; and Implementation of the Regional Transportation Uniform Mitigation Fee Program. The implications of each of these two options are presented below. Option 1 - No Change/Status Quo The "No Change/Status Quo" option assumes that no significant changes are made to the existing process. The City will continue to collect its transportation impact fees and continue to forfeit its local share of the Measure "A" sales tax to the Regional Arterial Program. Advantages: The City Council will maintain full discretion in administering the total transportation related impact fees collected within the City of La Quinta. The City's infrastructure fee attributed to transportation improvements will likely continue to generate more revenue than would be generated in the future by the TUMF. There will be no changes to the existing process. Subsequently, no additional administrative burden will be placed on City Staff. Disadvantages: The City will continue to forfeit its local share of the Measure "A" Sales Tax proceeds. The Measure "A" sales tax proceeds may generate approximately $8 million more than the City's Regional TUMF through the year 2039. The City will not be able to take advantage of the flexibility to use the sales tax proceeds for either new construction or maintenance improvements. The City may have less influence at CVAG to obtain additional Regional Arterial Program funding. Option 2 - Adopt and Implement the Regional Transportation Uniform Mitigation Fee This option assumes the City of La Quinta will choose to adopt and implement the Regional Transportation Uniform Mitigation Fee (TUMF). 13 Advantages: The City will begin receiving its proportionate share of the Local one half cent sales tax. After the City prepares and submits its 5-year capital improvement plan outlining the intended use of these monies, the money is virtually "no strings attached" and can be used on almost any transportation improvement, including maintenance of existing transportation infrastructure. Another key advantage to receiving the sales tax is that it pretty much stays at constant levels with only slight deviations from year to year. Subsequently, it is easier to prepare and implement capital improvement plans. The City will be considered a "Full" participant in CVAG's Regional Arterial Program. Disadvantages: The City's developers will begin paying the Regional developer fee in addition to the City Transportation Impact fee. The City may be required to lower its Transportation Impact fee by the amount of the TUMF for each land use category to stay competitive in the Valley's economic market. The City will be required to satisfactorily resolve any shortfall between the amount of Local Measure "A" funds forfeited and the amount of regional developer fees that would have been collected by the TUMF from the inception of the program through the date the City implements the TUMF. The City Council will lose some of its current discretionary authority as it relates to transportation infrastructure related developer fees collected within its jurisdiction. City Staff will experience a slight increase in workload. This increase in workload will likely reach all departments. The City may also experience "start-up" costs for establishing its program procedures. er Unresolved Issues: CVAG has allowed municipal jurisdictions to make up any TUMF/Measure "A" shortfall over a period of years using a portion of its local Measure "A" sales tax. CVAG may be willing to make similar arrangements with the City of La Quinta. The City of La Quinta should negotiate with CVAG in an attempt to obtain recognition of its expenditure of locally generated revenue on eligible regional arterials and pursue getting credit for these expenditures to offset the gap between the amount the City has contributed with its share of the sales tax and the amount it would have generated in TUMF revenue. 14 NAI Consulting appreciates the opportunity to provide the foregoing Transportation Funding Analysis to the City of La Quinta. Please don't hesitate to contact me if we can be of further service or if you require clarification on any of the issues presented. Sincerely, U � l.C�y, LLOYD " ICK" NICKERSON, JR. President, NAI Consulting, Inc. References (available upon request): 1-Measure "A" Expenditure Plans 2-TUMF Collection Handbooks 3-RCTC Maintenance of Effort Guidelines 4-TUMF Model Ordinance 5-SB 1435 6-City of La Quinta TUMF Building Permit Activity Summary/Permits s OF COUNCIL/RDA MEETING DATE: January 19, 2010 ITEM TITLE: Discussion of La Quinta Municipal Code Section 9.160.060 — Permitted Temporary Signs RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: oe� STUDY SESSION: c�-- PUBLIC HEARING: This item is being brought forth as requested by Council Member Evans during the December 15, 2009 City Council meeting. During multiple meetings in 2008 and the first half of 2009, City Council reviewed and ultimately amended the Municipal Code provisions relevant to temporary signs (LQMC 9.160.060). The primary focus of the amendment is upon the political sign standards. The following provides a summary of what transpired: • During the Mayor and Council Member's Items section of the February 5, 2008 City Council meeting, Council Member Kirk stated that just prior to elections, there were numerous violations of the Municipal Code provisions relating to sign placement. Council Member Kirk requested the matter be placed on a future meeting agenda. ■ At the May 20, 2008 City Council meeting, a study session was conducted regarding this matter. Council Member Kirk requested the City Attorney research the City's ability to penalize flagrant abuses with stiff fines, and to consider a 1.5 9 restriction of all temporary signs in the right-of-way except directional signs, including signs pointing the way to special events. ■ During the June 17, 2008 meeting, staff reported back to City Council and the City Attorney provided a memorandum that analyzed the prohibition of temporary signs within public rights -of -way, use of directional signs and the potential for increasing fines for temporary signs in violation of the City's provisions. Council Members discussed the memorandum and use of temporary signs ultimately directing Planning Department staff to survey other communities and report back on their temporary sign provisions. ■ Planning staff reviewed temporary/political sign code provisions from nine southern California communities and reported back to the City Council at the July 15, 2008 meeting. Staff reported that all of the communities all allowed temporary/political signs in private property, but beyond that the specific code provisions varied. Most identified some restrictions regarding placement of temporary/political signs. Three of the communities (Palm Desert, Indian Wells and Indio) prohibited the placement of temporary/political signs within public rights -of -way. Following brief discussion, Council directed staff to bring the matter back for further consideration and requested providing an update of any cities changing their temporary sign code provisions. ■ In response to the direction provided, staff revisited the code provisions from the three aforementioned neighboring communities and found that none of the provisions have changed from what staff reported. It is worth noting that enforcement of these code provisions appear to vary from jurisdiction to jurisdiction as staff observed political signs being placed within the right-of-way of two of the listed communities during the past election. ■ During the March 3, 2009 City Council meeting, comments provided during the study session directed staff to process an amendment to the City's Municipal Code specifically addressing temporary signs, including provisions limiting the placement of such signs to private property, as well as reducing the maximum time period for temporary sign placement. ■ Prior to the City Council meeting of May 5, 2009, the Planning Commission reviewed the proposed amendment at its April 14, 2009 meeting ultimately recommending City Council approval by a 4-1 vote. A copy of the Planning Commission meeting minutes is attached (Attachment 1). ■ On May 5, 2009, City Council conducted a public hearing for consideration of an amendment to the municipal code provisions regarding temporary and exempt signs. By a vote of 3-2, Ordinance 468 passed, restricting the placement of permitted temporary signs within the public rights -of -way, reduced the posting period from 60 to 45 days prior to the event, and revised the maximum size and 160 height standards for exempt directional and non-profit public information signs. A copy of the Ordinance and meeting minutes are attached (Attachments 2 and 3). The amended language has allowed non-profit organizations additional signage opportunities to advertise their events. Most notably, the Blues & Brews and Bob Hope Classic events established additional signage when advertising their most recent events. A major election has yet to occur since the code amendment and thus the impacts resulting from the amendment are yet to be determined. FINDINGS AND ALTERNATIVES: 1 . Direct staff to prepare an amendment to the temporary sign provisions of the Municipal Code for the City Council's consideration at a further meeting; 2. Do not direct staff to prepare an amendment to the Municipal Code; or 3. Provide staff with alternative direction. Respectfully, J annincVDirector Approved for submission by: /x'y z Thomas P. Genovese City Manager Attachments: 1. Planning Commission Meeting Minutes — April 14, 2009 2. Ordinance No. 468 3. City Council Meeting Minutes — May 5, 2009 .. 161 ATTACHMENT # 1 Planning Commission Minutes April 14, 2009 There --being no further questions, or public comment, hairman Alderson cbs the public hearing and open a matter for Commission discus There was no further discuss' ai was moved and seconded by Commissioners Barrow ill to approve nute Motion 2009-005 recommending ap val of Sign Application 2 -682, Amendment No. 1, 1 g the proposed revised Al and A2 sig and having the ap ' ant comply with staffs recommendation to re the si. ge area for the B1 sign to sixty-five feet. Unanimously approved. D. Zoning Ordinance Amendment 2009-097; a request by staff for consideration of the following amendments to the La Quinta Municipal Code: 1. To restrict the placement of permitted temporary signs within the public right-of-way (9.160.60); 2. To reduce the maximum time period for permitted temporary signs from sixty (60) days to forty-five (45) (9.160.60); 3. To eliminate sign size restrictions for exempt directional and informational signs for public, quasi -public, and non- profits (9.160.020); 4. To revise Table 9-17 to change maximum sign size and height restrictions for exempt signs (9.160.020) Chairman Alderson opened the public hearing and asked for the staff report. Assistant Planner Eric Ceja presented the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. There being no questions of the staff, Chairman Alderson opened the public hearing and asked if there was any public comment. There being no questions, or public comment, Chairman Alderson closed the public participation hearing and opened the matter for Commission discussion. Chairman Alderson asked staff to clarify that the Commission was to review the proposed changes, provide feedback and comments, and recommend approval to City Council. 16? Planning Commission Minutes April 14, 2009 Planning Director Johnson explained there were multiple study sessions that led up to the proposed changes. There was a lot of general discussion between the Council members, but no clear, definitive direction was given. Staff followed Council's general comments to bring this information together and the document was open for the Commission's review, comments and recommendations. Chairman Alderson asked if the document provided by staff had Council's input in it. Planning Director Johnson replied it did have Council's input; however, it consisted of comments during the study session discussions. Commissioner Weber said he was pleased to see that staff was working on code revisions, he thought such updates were necessary, and contributed to the clean and overall appropriate appearance of the City of La Quinta and the standards the City would like to maintain. Chairman Alderson commented that signage was one of the most inexpensive and effective ways to obtain public recognition. He said other types of advertising, such as magazines, newspapers, TV, etc. were not as effective and were also very expensive. He noted taking away the political candidate's privilege to advertise through signage, would be taking away their most effective and affordable weapon. Chairman Alderson said he agreed that the display of political signs took away from the aesthetics of the City and he found that reducing the amount of days the signs could be displayed from sixty to forty- five would most definitely help with that problem. He noted he was in favor or prohibiting the display of signs in the public medians as it was dangerous for those trying to put up or take down the signs, but he was in opposition of prohibiting the display of political signs in the public right-of-way all together. There was no further discussion and it was moved and seconded by Commissioners Barrows/Weber to approve Resolution 2009-015 recommending approval of Zoning Ordinance Amendment 2009-097 as submitted. AYES: Commissioners Barrows, Quill, Weber, and Wilkinson. NOES: Chairman Alderson. ABSTAIN: None. ABSENT: None. ]16J ATTACHMENT # 2 ORDINANCE NO. 468 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 9 OF THE LA QUINTA MUNICIPAL CODE, 1) TO RESTRICT THE PLACEMENT AND MAXIMUM TIME PERIOD OF PERMITTED TEMPORARY SIGNS WITHIN THE PUBLIC RIGHT-OF- WAY (9.160.060); AND 2) TO REVISE TABLE 9-17, TO REMOVE MAXIMUM SIGN SIZE AND HEIGHT RESTRICTIONS FOR EXEMPT SIGNS (9.160.0201. WHEREAS, the City has found that changes in policies, procedures, and issues with permitting have arisen as staff implements the Zoning Ordinance that necessitate an amendment to the Zoning Ordinance ("Zoning Ordinance Amendment'); and, WHEREAS, said Zoning Ordinance Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63) in that the La Quinta Planning Department has reviewed the Amendment under the provisions of CEQA, and has determined that the Amendment is exempt pursuant to Section 15061(13)(3), Review for Exemptions of the CEQA Guidelines; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 141" of April, 2009, hold a duly noticed Public Hearing for review of a Zoning Ordinance Amendment to restrict the placement of permitted temporary signs within the public right-of-way (9.160.060), and to revise Table 9-17 "Exempt Signs" for the removal of maximum sign height and maximum sign area (9.160.020); and recommended approval of the proposed Amendments to the City Council; and WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on April 23, 2009, as prescribed by the Municipal Code, advertising the public hearing before the City Council on the Zoning Ordinance Amendment; and WHEREAS, The City Council held a duly noticed public hearing on the 5" day of May, 2009, and considered the evidence, both written and oral, presented at said hearing; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of La Quinta does ordain as follows: 164 Ordinance No. 468 Zoning Code 9.160 Amendment Adopted: May 19. 2009 Page 2 SECTION 1. Title 9, the Zoning Ordinance of the La Quinta Municipal Code, is amended as identified on Exhibits "A" and "B", attached hereto and incorporated herein by reference. SECTION 2. ENVIRONMENTAL. The Planning Director has determined said Zoning Ordinance Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970 (CEQA) as amended (Resolution 83-63) in that the La Quinta Planning Department has reviewed the Amendment under the provisions of CEQA, and has determined that the Amendment is exempt pursuant to Section 15061 (B)(3), Review for Exemptions of the CEQA Guidelines. SECTION 3. SEVERABILITY. The provisions of this Ordinance shall be severable, and is any clause, sentence, paragraph, subdivision, section, or part of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operations to the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 4. LEGAL CONSTRUCTION. The provisions of this Ordinance shall be construed as necessary to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety and welfare. SECTION 5. EFFECTIVE DATE. This Ordinance shall take full force and effect and be in force 30 days after passage. SECTION 6. POSTING. The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. PASSED, APPROVED, and ADOPTED by the City Council of the City of La Quinta at a regular meeting thereof held on the 19tn day of May, 2009, by the following vote: AYES: Council Members Henderson, Kirk, Mayor Adolph NOES: Council Members Franklin and Sniff ABSENT: None ABSTAIN: None c Ordinance No. 468 Zoning Code 9.160 Amendment Adopted: May 19, 2009 Page 3 City of La Quinta, ATTEST: City of La Quinta, California (CITY SEALI-, APPROVED AS TO FORM: & k & 4�1- =-- - AAATHERINE JEKSUN, City Attorney City of La Quinta, California 1., 166 ordinance No. 468 Zoning Code 9.160 Amendment Adopted: May 19, 2009 Page 4 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. 468 which was introduced at a regular meeting on the 51h day of May, 2009, and was adopted at a regular meeting held on the 190 day of May, 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. VERONI;J.N CINO, CMC, City Clerk City of LCalifornia 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 M �-0 ZO pursuant to Council Resolution. VERONICA J. ONTECINO, CMC, City Clerk City of La Quinta, California 16l Ordinance 468 Zoning Code 9.160 Amendments Adopted: May 19, 2009 EXHIBIT A 9.160.020 Exempt signs. A. Signs Not Requiring Sign Permits. The signs listed in Table 9-17 following do not require a sign permit nor shall their area and number be included in the aggregate area or number of signs permitted for any premises or use. However, this exemption shall not be construed as relieving the sign owner of the responsibility of: (1) obtaining any building or other permits required for sign erection, if any; (2) proper sign maintenance; or (3) compliance with applicable provisions of this chapter or of any other law or ordinance. Exempt signs shall not be illuminated nor placed within _x . ..L.,... ..:Fin n.. narmittarl harpin hP.Inw- [ly JJUUJW II Ill-V, rrVt v,,,v.,v r_.... Table 9-17 Exempt Signs Not Requiring a Sign Permit* Sign Type Placement Maximum Area Illumination In this table: "n/a' means not applicable or no restriction 'Building -mounted" means sings mounted flush -to -wall only 1. Official notices issued by any court or public body or officer and notices n/a n/a n/a posted by any public officer in the performance of a public duty or by any person giving legal notice 2. Within residential districts, address or identification signs Building -mounted 1 sq. ft. Required aggregate 3. Signs located in the interior of any building or enclosed outdoor area n/a n/a Yes which are designed and located to be viewed exclusively from within such building or outdoor area 4. Tablets, stained glass windows or dates of erection cut into the surface Building -mounted 3 sq. ft. No of a wall or pedestal or projecting not more than two inches or freestanding 5. Directional, warning or informational signs required by or authorized by n/a n/a Yes law or by a governmental authority, including signs necessary for the operation and safety of public utility uses No 6. Incidental accessory signs and placards (e.g., open/closed signs, six Window or 3 sq. ft. signs maximum per premises) building -mounted aggregate 7. Temporary decorations clearly incidental and customary and commonly We n!a Yes associated with any national, local or religious holiday, provided such signs are erected no earlier than forty-five days from the applicable holiday and removed within twenty-one days after the applicable holiday. 8. Sculptures, fountains, mosaics and design features which do not n/a n/a Yes incorporate advertising or premise identification 9. Property signs (e.g., "No Trespassing," "No Parking," etc.), Building -mounted 3 sq. ft. Yes informational/directional signs 1e.g., "Restrooms," "Exit." etc.), and or freestanding warning signs (e.g., 'High Voltage") 10. Vehicular directional signs used to identify street entrances and exits, Building -mounted 3 sq. ft. Yes maximum three feet if freestanding or freestanding 11. Directional pavement marking n/a We n/a No 12. Newspaper stand identification 13. Within commercial districts, chalkboards or small placards (e.g., We 3 sq/ ft/ Building -mounted 3 sq. ft. Indirect only restaurant menu boards) n/a n/a Yes 14. Vending machine signs and automatic teller signs ft, No 15. Directional and nonprofit public information signs for public, quasi- Freestanding 6-sq, public, and nonprofit uses on public or private property, adjacent to an Arterial thoroughfare. Number, shape, location and height of We signs shall be approved by the director of community development and public works 16. Within commercial zones, temporary information window signs Window -mounted No one No fronting on a street, parking lot or common on -site area, not window sign exceed 4' covering more than 25% of the area of the window(s) within which shall high or 8' long they are placed for a period not to exceed 14 days nor more than 6 (32 sq. ft.) times per calendar year. No more then 3 signs per elevation with windows may be installed at any one time 1 Ordinance 466 Zoning Code 9,160 Amendments Adopted: May 19, 2009 17. Within residential zones, temporary decorative flags clearly incidental Building -mounted 7 sq. ft. No which may or may not be associated with any national, local or religious holiday IS. Temporary for sale, lease, open house, or rent signs located on the Freestanding 6 sq. ft., 4 No subject property. One sign per street frontage. - feet high. Aggregate not to exceed 12 19. Temporary for sale, lease, open house, or rent signs located on Freestanding 12 sq, ft. 6 ft No commercial/ten acre residential parcels in one ownership. One sign high• per street frontage Aggregate not to exceed 24 sq. ft. Si ns in residential districts requiring a permit See Section 9.160.040 Si ns in nonresidential districts requiring a permit See Section 9.160.050 Temporary and semipermanent signs See Sections 9.160.060 and 9.160.070 B. Repainting. The repainting of a sign in original colors shall not be considered an erection or alteration which requires sign approval unless a structural, text or design change is made. 169 Ordinance 468 Zoning Code 9.160 Amendments Adopted: May 19, 2009 EXHIBIT B 9.160.060 Permitted temporary signs. A. Definition. "Temporary sign" means any nonilluminated sign which may require a sign permit and which is intended to be posted for a maximum of sixty -forty- five (45) days. Temporary signs include without limitation: political campaign signs, garage sale signs and seasonal sales signs. B. Maximum Time Periods. No temporary sign shall be posted for more than sixty forty-five (45) consecutive days nor shall such temporary sign or sign displaying similar messages regarding the same event, if any, which is the subject of such temporary sign be reposted upon the same site, or any site which is visible from the original site, within ninety days of the removal of the original temporary sign. In addition, all temporary signs shall be removed within seven days after the occurrence of the event, if any, which is the subject of the temporary sign. (For example, a temporary sign advertising a garage sale on a particular date, or a temporary sign promoting a candidate in a particular election). The date of posting and permit number shall be permanently and legibly marked on the lower right-hand corner of the face of the sign. C. Maximum Sign Area. Except where an approval is obtained under subsection F of this section, temporary signs placed on public property may not exceed six square feet in area and temporary signs placed on private property may not exceed twelve square feet in area. The aggregate area of all temporary signs maintained on any private property parcel of real property in one ownership may not exceed twenty- four square feet. Area shall be calculated on the basis of the entire sign area, as defined in Section 9.160.030. D. Maximum Height. Freestanding temporary signs which are placed on public or private property shall not exceed six feet in height. Temporary signs which are posted, attached or affixed to private multiple -floor buildings shall not be placed higher than eight feet or the finish floor line of the second floor of such buildings, whichever is less, and temporary signs which are posted, attached or affixed to private single -floor buildings shall not be higher than the eave line or top of wall of the building. All heights shall be measured to the highest point of the surface of the sign. E. Maximum Number. In no case shall the total number of temporary signs for any permit exceed fifty. F. Placement Restrictions. Temporary signs shall not be posted within the public right-of-way, or on sidewalk surfaces, mailboxes, utility boxes, electric light or power or telephone wires, poles or appendages, hydrants, trees, shrubs, tree stakes or guards, public bridges, fences or walls, fire alarm or police telegraph systems, drinking fountains, life buoys, life preservers, lifesaving equipment, street signs or traffic signs or signals. Temporary signs shall not be posted within the public right-of-way and 170 Ordinance 468 Zoning Code 9.160 Amendments Adopted: May 19, 2009 shall not be located be--posted--no closer than five feet from the edge of the paved area of any public road or street. Temporary signs shall be placed no less than two hundred feet apart from identical or.substantially similar temporary signs and shall not be visible simultaneously with the boundaries of the city. Temporary signs shall not be posted in a manner which obstructs.the visibility of traffic or street signs or signals or emergency equipment. G. Sign Permit Required. Any person, business, campaign organization, or other entity who proposes to post more than five temporary signs on private or public property shall make application to the community development department for a sign permit. To insure sign removal upon expiration of the permitted posting time, a refundable deposit as established by city council resolution shall be paid in conjunction with the issuance of the sign permit. 1. Statement of Responsibility Required. Each applicant for a temporary sign permit shall submit to the community development department a statement of responsibility certifying a natural person who will be responsible for removing each temporary sign for which a permit,is issued by the date removal is required, and who will reimburse the city for any costs incurred by the city in removing each such sign which violates the provisions of this section. 2. Standards for Approval. a. Within ten business days of the community development department's receipt of a temporary sign permit application, the community development director shall approve or disapprove such application. If the director disapproves an application, the notice of disapproval shall specify the reasons for disapproval. The director shall approve or disapprove any permit application for temporary signs based on character, location and design, including design elements such as materials, letter style, colors, sign type or shape, and the provisions of this section. b. The director's decision with respect to a permit application for a temporary sign may be appealed to the planning commission. H. Maintenance and Removal of Temporary Signs. 1. Maintenance. All temporary signs shall be constantly maintained in a state of security, safety and good repair. 2. Removal from Public Property. If the city determines that a temporary sign located on public property is unsafe or insecure, is a menace to public safety or has been constructed, erected, relocated or altered in violation of this section, it may be removed summarily. If the sign contains identification, the owner shall be notified that the.sign may be recovered within five days of the date of notice. 3. Removal from Private Property. If the city finds that a temporary sign located on private property is unsafe or insecure, is .a menace to public safety or has been 1�1 Ordinance 468 'Zoning Code 9.160 Amendments Adopted: May 19, 2009 constructed, erected, relocated or altered in violation of this section, the city shall give written notice to the owner of the temporary sign, or the person who has claimed responsibility for the temporary sign pursuant to subsection F of this section, that the temporary sign is in violation of this section, shall specify the nature of the violation, and shall direct the owner of the temporary sign or responsible person to remove or alter such temporary sign. If the city cannot determine the owner of the sign or person responsible therefore, the city shall post such notice on or adjacent to each temporary sign which is in violation. If the owner of the temporary sign or the person responsible therefore fails to comply with the notice within five days after such notice is given, the temporary sign shall be deemed abandoned, and the city may cause such temporary sign to be removed and the cost thereof shall be payable by the owner or person responsible for the temporary sign to the city. I. The placement of temporary signs for existing commercial businesses during the construction of any department of public workscontract over forty-five days in length, where the ingress and egress points to a commercial establishment, have been interrupted, and further when the construction/modification of the public street involves a distance of more than three thousand feet in length, the above regulations pertaining to temporary signs and the associated processing fees, shall not be enforced for the duration of the department of public works street contract. However, the placement of temporary signs must not interfere with site visibility for vehicular movement. J. A grand opening banner is allowed on each building street frontage within six months of the business opening with a sign permit. The signs shall consist of light- weight fabric or similar material attached to the building wall below the eave line for a period not to exceed thirty days. The signs shall be nonilluminated and its size shall not exceed thirty-two square feet. City Council Minutes 14 May 5, 2009 ATTACHMENT # 3 Lori Livacich, president of Puerta Azul Homeowners Association ( OA►, staid the HOA is in support of moving the traffic signal. She req ted five more es be removed and replaced with shrubbery. Penny Sturgi 57-605 Ballybunion, delegate of,,s6mmit Homeowners Association, requ ted that any new or replaced ant material on Madison Street be replaced wi low -growing material. / James Vaughn, 2815 Tor developer is willing to pay for the landscaping along Madisc agreement. / 4d, Westlake Village, stated the val of the five trees; and confirmed was covered by the common area There being no furthe requests to speak, Mayor declared the PUBLIC HEARING CLOSED 7:35 p.m. Public Work irector Jonasson corrected the stateme made regarding the warranty• xplained the normal requirement is one-year, suggested at least 0-day warranty be imposed for tree replacement. RESOLUTION NO. 2009-037 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA TA, CAL NIA, AMENDING THE SUBDIVISION IMPROVEMENT REEMENT FOR THE SITE IMPROVEMENTS AND ACCEPT THE OFFSITE IMPROVEMENTS PUERTA AZUL (TRACT MAP 096). It was moved by Council M!elnters Kir enderson to adopt Resolution No. 2009-037 as amended (removin references to landscaping other than accepting the developer's of to remov to five trees at the discretion of the HOA). In response Mayor Adolph, Ms. Livacich stated i e five trees are remove a Homeowners Association will replace them with ubbery. carried by a vote of 4-0-1, with Council Member Franklin 2. PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING TITLE 9, ZONING, TO: 1) RESTRICT THE PLACEMENT OF PERMITTED TEMPORARY SIGNS WITHIN THE PUBLIC RIGHT-OF-WAY (9.160.060): AND 2) REVISE TABLE 9-17 TO CHANGE THE MAXIMUM SIGN SIZE AND HEIGHT RESTRICTIONS FOR EXEMPT SIGNS 19.160.020). City Council Minutes 15 May 5, 2009 Planning Director Johnson presented the staff report. In response to Council Member Henderson, Planning Director Johnson confirmed sign twirlers are prohibited in the City as they are considered moving animated signs. Mayor Adolph asked if people can be fined if they do not pick up their signs. Planning Director Johnson stated there is no provision to address that issue as it is a matter of enforcement; and stated the deposits are often fully refunded at the end of the period. Council Member Henderson noted the ordinance addresses the right-of-way and not just medians. Council Member Kirk asked if the ordinance eliminates a sign program. Planning Director Johnson stated there will be no requirement for a permit for temporary signs if posted on private property; and the application and stickers are relevant only to signs placed in the public right-of-way. Council Member Sniff referenced terminology used on page 2, and asked who would determine "aesthetic nuisances." Planning Director Johnson stated an aesthetic nuisance would not be offensive to everyone. Council Member Sniff stated the real effect of this ordinance is to eliminate public expression and free speech. Council Member Franklin agreed with Council Member Sniff that the ordinance is creating a hardship for those wanting to run for public office. She stated signs are the least expensive way to promote campaign and is opposed to the ordinance. She suggested reducing a posting period to 45 days and prohibit them in the median. Council Member Sniff stated signs helps get name recognition out to the community. The Mayor declared the PUBLIC HEARING OPEN at 7:53 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:53 p.m. Council Member Kirk stated he believes this is an aesthetic question and the City Council makes many decisions for aesthetic reasons; temporary signs clutter the City and the sign ordinance is routinely violated; and those who continually violate the ordinance have an advantage over others. He stated the ordinance says no to those who think they can buy their election by placing many signs all over the City; and he does not want that kind of City. 174 City Council Minutes 16 May 5, 2009 Council Member Henderson noted this issue has been discussed before and it has always left a little room to allow freedom of speech; and stated the candidate should get person recognition, not name recognition. She is opposed to posting signs in the median; the more you give the more they take; this issue will most likely be revisited in the future; and realtors will come to address the City Council if not enabled to post signs. She asked if realty signs are allowed to be posted in the right-of-way. Building & Safety Director Hartung explained realty signs are not allowed in the right-of-way; and explained the Code allows posting on private property and two on the corner of private property. Council Member Henderson asked if the ordinance is adopted, will the signs be removed. Building & Safety Director Hartung stated realtors were here when the restrictions were established. Council Member Henderson voiced support of the ordinance to give an opportunity to implement it. MOTION — It was moved by Council Members Kirk/Henderson to take up Ordinance No. 468 by title and number only and waive further reading. Motion carried by a vote of 3-2, with Council Members Franklin and Sniff dissenting. ORDINANCE NO. 468 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 9 OF THE LA QUINTA MUNICIPAL CODE BY: 1) RESTRICTING THE PLACEMENT AND MAXIMUM TIME PERIOD OF PERMITTED TEMPORARY SIGNS WITHIN THE PUBLIC RIGHT-OF-WAY (9.160.060); AND 2) REVISING TABLE 9-17 TO REMOVE MAXIMUM SIGN SIZE AND HEIGHT RESTRICTIONS FOR EXEMPT SIGNS (9.160.020). It was moved by Council Members Kirk/Henderson to introduce Ordinance No. 468 on first reading. Motion carried by the following vote: AYES: Council Members Henderson, Kirk, Mayor Adolph NOES: Council Members Franklin, Sniff ABSTAIN: None ABSENT: None a, 175 REPORTS/INFORMATIONAL ITEM: /9 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA November 24, 2009 CALL TO ORDER 7:01 P.M. A. This meeting of the Planning Commission was called to order at 7:01 p.m. by Chairman Ed Alderson who asked Commissioner Barrows to lead the flag salute. B. Present: Commissioners Katie Barrows, Paul Quill, Mark Weber, Robert Wilkinson, and Chairman Ed Alderson. Staff present: Planning Director Les Johnson, Assistant City Attorney Michael Houston, Planning Manager David Sawyer, Associate Planner Jay Wuu, and Secretary Monika Radeva. II. PUBLIC COMMENT: III. CONFIRMATION OF THE AGENDA: IV. CONSENT CALENDAR: Chairman Alderson asked if there were any changes to the minutes of November 10, 2009. Commissioner Weber asked the following typographical errors to be corrected: Page 10, Commissioner Items, C, second line, Hyndai should read Hyundai. Page 10, Commissioner Items, D should read: Commissioner Weber stated he wanted to say thanks to staff for clarification on the housing element item relating to guest houses, second units, and casitas. Page 10, Commissioner Items, E, first line, my should read may. Planning Commission Minutes November 24, 2009 There being no further comments or corrections it was moved and seconded by Commissioners Weber/Wilkinson to approve the minutes as corrected. Unanimously approved. V. PUBLIC HEARINGS: None VI. BUSINESS ITEMS: A. Modification By Applicant 2009-025; a request by Stephen Judice for consideration of a request to permit medical office uses in an existing office building approved for general office use only. Associate Planner Jay Wuu presented the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. Commissioner Weber wanted to confirm with staff that the fee -in -lieu process was not a new one and had been employed in the past. Staff confirmed. He inquired about the current fee -in -lieu amount. Planning Director Johnson replied the amount was individually calculated based on a development agreement process which required City Council approval. He said it had been a while since it had been done and gave examples of two projects it was applied to. He explained that prior to these projects, there had been others with lower amounts per space, emphasizing that the fee -in -lieu was individually calculated. Commissioner Weber asked for clarification that the original required number of spaces for this project was 31 which had been reduced to 17 reduced -size spaces. Staff confirmed and explained the deviation in the parking lot design stemmed from the original approval of Village Use Permit 2003-019. Commissioner Barrows asked if on -street parking could be used to satisfy the required number of parking spaces. Staff replied that on - street parking was usually not included in the count for the code analysis, but it could be taken into consideration. Planning Director Johnson said that currently, both Desert Club Drive and Calle Cadiz allowed on -street parking. 177 2 Planning Commission Minutes November 24, 2009 Commissioner Wilkinson inquired about what parking alternatives were available and if there were any agreements to allow parking on the adjacent lots if there was an overflow. Staff replied there were no such agreements in place at this time. Staff said the parking study, recommended in the conditions of approval focused on on -site parking and street parking for medical use. Commissioner Wilkinson asked for clarification that if the parking study was conducted, it would not take into account the available on - street parking to meet the code parking requirement. Staff said the on -street parking spaces could be counted in. Commissioner Wilkinson asked if on -street parking would create a traffic hazard. Staff replied that Desert Club Drive was designed to accommodate on -street parking in both directions and to allow for two-lane traffic; Calle Cadiz was a little bit narrower. Staff anticipated Desert Club Drive would be the more prominent focus for any overflow parking due to its proximity to the main entrance. Staff spoke with owners of the two most adjacent homes and both owners were supportive of the reduced parking requirements allowing the medical use. Staff said the owners of the adjacent vacant lots had not been contacted since staff felt the significant impact would be to the adjacent home owners. Commissioner Wilkinson noted the aerial view showed that cars were already being parked on one of the adjacent vacant lots. Staff said they were unaware of the exact situation and suggested parking may have been allowed due to on -going construction in the area when the image was taken. Staff stated the vacant lot was not set up to serve as a parking lot and, if that was to happen, the City would be addressing this issue with the property owner. Commissioner Wilkinson inquired about the size difference between a standard parking space and the existing ones. Staff replied the sizes were listed in the staff report on page #16. Commissioner Wilkinson expressed a concern that there might be some unintended consequences if the applicant was not held up to the code requirements. Commissioner Quill asked if the fee -in -lieu was being put aside for some type of a parking structure for the Village or if it was being 178 3 Planning Commission Minutes November 24, 2009 rolled into the general fund. Planning Director Johnson replied that all monies collected were being put aside specifically for future parking improvements within the Village, such as land acquisition, actual hardscape improvements for parking, or potentially more parking structures being established as needed. He said nothing has been done to date because the latest parking study identified that the Village had more than adequate parking available. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Michael Meade, a Broker with Lee & Associates, 48-972 Desert Drive, Palm Desert, CA, introduced himself and said he would be representing the applicant and the building owner. He explained the applicant had requested that the Planning Department grant a variance for the tenant to allow the remainder of the building to be used for medical offices, so that the entire building could be leased out to Dr. Fraschetti. Mr. Meade gave the Commission a brief summation of the history of the building, its designated use, and parking challenges. He explained that the fee -in -lieu would be too burdensome on the tenant and would cause him to relocate his current practice from Yucca Valley to Palm Desert instead of La Quinta. Chairman Alderson asked if the Commission had any questions for the applicant. Commissioner Weber asked if the applicant felt comfortable with the parking estimates provided by Dr. Fraschetti. Mr. Meade confirmed he did. Commissioner Weber said that if the applicant was comfortable with those numbers, then a parking study projected for two years into the future should not be worrisome. He pointed out that the Planning Department has been trying to work with the applicant to accommodate the business going in and has proposed a reasonable comprise. Mr. Meade explained that when the fee -in -lieu was originally proposed, it seemed like a good option. But after a more in depth discussion, the tenant would not want to proceed with the potential liability of a $200,000 fee, should the City arbitrarily decide to impose it after a parking study was conducted. The assessed fee - in -lieu was not financially feasible for either the tenant or the applicant, especially in the current economic environment. 179 0 Planning Commission Minutes November 24, 2009 Commissioner Weber wanted to clarify that the fee -in -lieu was not arbitrary as the intent behind the assessed fee was clearly stated. He said he would like to find a way to accommodate the applicant's request, however, he felt that a good solution had already been presented by staff. He noted that Dr. Fraschetti's pediatric practice would be a valuable business addition to the La Quinta Cove, but he questioned the lack of a signed lease and the tenant's commitment to relocate his practice. Mr. Meade replied that the applicant did have a signed lease with Dr. Fraschetti, however, the lease included a contingency pending Planning Commission approval. Commissioner Weber asked staff if the applicant was in compliance with the requirement of having 30% of the parking area covered. Mr. Meade said he thought the applicant was in compliance with that requirement. He asked staff to display the site plan for more information. The site plan showed five covered parking spaces out of 17. Commissioner Quill said his questions were more directed to staff. He stated he was a member on the Commission when the building was originally approved in 2004. Even though parking was an issue at that time because it did not provide the required 25 parking spaces for the proposed uses, the building was approved because the consensus was that it was located in the Village and the Commission felt that the Village was over -parked. Further, the City was getting ready to complete a parking study at that time which showed that The Village had adequate parking. He asked staff if the required number of parking spaces had increased because it would be used as a pediatric office. Planning Director Johnson replied the medical office parking standard was the same, regardless of the type of practitioner or location within the community. Commissioner Quill said he remembered that when the Commission approved the building in 2004, credit was given for on -street parking which was how the requirement of 25 parking spaces was met. He asked staff why the number of parking spaces had increased and the applicant was being asked to incur fees for the difference. Staff replied the calculations currently conducted were based on the off-street parking provisions set forth for the proposed medical use. Commissioner Quill said that the applicant was being penalized because the rules had changed from when the building was originally 5 180 Planning Commission Minutes November 24. 2009 approved. Planning Director Johnson said there was a blanket provision, specific to the Village District only, which allowed the Commission to deviate from the established standards. Commissioner Quill asked what the empirical basis was for the code with respect to medical use parking requirements. Staff replied the standards were established based on what was happening in the industry at the time. For example, staff used data from the American Planning Association which did a periodic analysis study of parking standards across the nation, calculation data from the Urban Land Institute, and an engineering resource that addressed parking. Staff stated the calculations were typically done by looking at a variety of different resources, sometimes even local assessment looking at neighboring communities and what they were establishing. Usually there were multiple sources that were researched in calculating what the ratio would be. Commissioner Quill discussed his observations of on -street parking in the Village at different times of the day and stated there was very little, if any, on -street parking occurring on that side of Desert Club Drive. He said the applicant should be able to use some of the available on -street parking to meet the parking requirements. He asked staff why the number of required parking spaces had increased from 25 in 2004 to 34 for the current applicant. Staff replied the original approval in 2004 required 26 parking spaces, out of which 8 were for the medical use offices in the converted building, and 18 for the expansion of the building which were calculated based on general office use. For the current application staff's calculations called for 31 parking spaces based on medical use for the expansion and general office use for the converted building. Planning Director Johnson pointed out that there also was a condition in the original approval that prohibited medical use for the expansion of the building. Thus, the request presented before the Commission was to modify that condition from the original Village Use Permit (VUP) application. Planning Director Johnson explained that a VUP is a combination of a Site Development Permit (SDP) and a Conditional Use Permit (CUP) and the imposed conditions could have a more definitive and longer life than a typical SDP entitlement approval. Therefore, in this instance, the stipulation regarding limited use imposed by the VUP 181 G Planning Commission Minutes November 24, 2009 stayed with the land and the applicant could only change it by coming in front of the Commission with an application for modification. He said the Commission could also treat this as a CUP. Commissioner Quill asked the applicant about the terms of the lease. Mr. Meade replied the lease was for five years giving the tenant the option to purchase the building within the first two years, as it was the doctor's intent to purchase the building. He explained Dr. Fraschetti would invest approximately $120,000 in improvements to the building and establish his practice. He would not want a possible expense of $200,000 hanging out there for parking improvements. Commissioner Weber asked where the $200,000 dollar fee -in -lieu figure came from. Mr. Meade said it was an estimate of the number of missing parking stalls times $15,000 per stall. Commissioner Quill asked if the building was still owned by the original owner, Skip Lench. Mr. Meade explained Skip Lench was the Architect, the current owner purchased the building from Dr. Dixon under the assumption that it was designated for medical use. Chairman Alderson asked how the patients parking in the southern parking lot would enter the building. Mr. Meade said there was a walkway from the back entrance of the building to the parking lot. Chairman Alderson asked if Dr. Fraschetti would have four separate medical suites with different doctors. Mr. Meade replied the entire space would be utilized by one doctor. Chairman Alderson wanted to confirm that the parking would have to accommodate only one doctor and his four to five patients per hour. Chairman Alderson said that even though the applicant was not able to take into account the public on -street parking available on Desert Club Drive, common sense dictated that the parking would be available for that building as it was a legal parking area for the general public. He asked if the lease was contingent upon Planning Commission approval. Mr. Meade confirmed it was. Commissioner Weber asked if the lease was contingent upon a satisfactory resolution of the parking requirements or the change in permitted use to allow for medical offices. Mr. Meade replied it was the latter. There being no further questions of the applicant, Chairman Alderson opened the matter for Commission discussion. •I - 182 7 Planning Commission Minutes November 24, 2009 Commissioner Barrows asked for clarification on the original approval of the building in 2004. Staff described the original approval process and the placement of the medical limitation. Commissioner Barrows gave examples from the 2004 staff report stating that other businesses within the Village had been granted parking reductions. She said she was not very concerned about this application's parking issue and explained why. She was, however, concerned about the Village image with parking lot after parking lot. She stated she was concerned that a tenant might be potentially required to pay for more parking than it was appropriate for the location. Commissioner Weber had visited the site and found the size of the current parking stalls to be completely inadequate. He said he viewed covered parking as a critical issue in the Valley. He only counted four covered stalls on site, which did not meet the covered parking requirement as 30% of the 17 stalls required 5.1 covered stalls. He asked staff to display the site map and commented on the differences between what was on site and what the map displayed regarding parking stalls, as well as landscaping and a fire hydrant that were obstructing the parking lot. He said the parking stalls, located in the parking area on the back side of the building, were adequate, but he pointed out that the site map did not reflect the trash enclosure that was there. He asked for more clarification on the reasoning the Planning Commission based their decision in 2006 to prohibit the medical use for the building. He asked if the use of Desert Club Drive for additional parking by patients and staff imposed a negative impact on the tenant and required him to pay for parking mitigation in the future. He pointed out that he did not appreciate the flavor of the letter submitted by the applicant, attachment #7, putting a push on the City as if the City had done something inadequate, when the City had tried numerous times to accommodate the applicant to make this project work. Staff clarified the less-than-30% covered parking for the site was approved as part of the original VUP application. Planning Director Johnson explained that if the tenant was to use Desert Club Drive for a significant amount of additional parking that exceeded what a parking study identified as expected, the City would evaluate the 183 H Planning Commission Minutes November 24, 2009 potential impact not only on existing, but future business, and request the applicant to remedy the situation and a fee -in -lieu would be determined. Staff said it would be recommending that the parking requirements within the Village be reduced to encourage more buildings with pedestrian focus instead of numerous parking lots. Staff stated it felt that this case might be precedent setting for other projects in process, and that was why it was important to bring it to the Commission for review the way it's written. At the same time, staff expressed its support of having a pediatrician in that location and appreciated the Commissioners' comments about using Desert Club Drive for additional parking as that was the intent of it. Commissioner Weber said he was also supportive of the idea of bringing in a pediatrician into the Village, but he wanted to emphasize that he was concerned about setting a precedent. He noted that Calle Cadiz was inadequate for additional parking because it was a residential street. He said the Commission should make reasonable concessions, but should also be very cautious in addressing this matter and in setting a precedent. Staff pointed out that a VUP could be treated as a CUP which would give the Commission the ability to designate certain parking areas on the site for employee parking if warranted. The Commission could also condition the applicant to have the tenant comply with its operational set up outlined in the second paragraph of the letter dated November 9, 2009, as attachment #7. Commissioner Quill said the precedent of allowing lesser parking in the Village than required was already set back in 2004 because of the reasons outlined by staff above. The Commission had a different concept for the Village and felt it was over -parked, and didn't need to have additional parking. Commissioner Quill stated he remembered the approval, but did not recall any specifics on the different types of allowed uses for the building as being a significant part of the parking concept. He said he was in support of setting the precedent that the Commission would allow deviations from having seas of asphalt in the Village. He commented that the building in question was never designed as a retail space, it was always meant to be used as an office space and this application was an opportunity not only to fill a 9 Planning Commission Minutes November 24, 2009 vacant building, but to put a pediatrician in the heart of the La Quinta Cove. He said he did not foresee any possible issues with parking availability. Commissioner Wilkinson said he agreed with Commissioner Quill's statement that the Commission had already set the precedent to reduce the parking requirements for the Village. He said he viewed the vacant lots in the Village as potential for businesses and traffic as well. He asked staff for suggestions on solutions for parking such as a VUP allowing for the Commission to condition the tenant to have designated employee parking spaces. He asked if it was feasible to identify employee parking at the parking lot on the other side of the Village. He inquired if the City was working on any projects to provide parking solutions. Staff replied that at this time the City was not actively looking at the acquisition of property for additional parking. Commissioner Wilkinson asked staff what would be the best location to identify employee parking for this building. Staff recommended designating the seven spaces on the back side of the building, by Calle Cadiz, leaving all of the front parking area and parking along Desert Club Drive available for patients. Planning Director Johnson said he'd be hesitant to encourage the Commission to go too far beyond the property for employee parking. Staff said the applicant tried to obtain shared parking agreements with a few of the adjacent businesses, but was unsuccessful. Commissioner Wilkinson asked if the Commission was to condition the applicant to have the seven parking spaces in the back designated for employee parking how would that be monitored to ensure that the tenant was complying with the condition of approval. Planning Director Johnson replied the applicant would be trusted to follow the conditions of approval, but if there was significant abuse, the matter could be brought back to the Commission for reconsideration. Mr. Meade clarified that, in the lease agreement, the applicant had strictly reserved the front parking for Dr. Fraschetti's patients and he would have all of his employees park in the back. Commissioner Wilkinson asked if the applicant would not have any objections if the Commission decided to add this as a condition of approval. Mr. Meade said there would be no objections as Dr. Fraschetti mandated himself to have this provision included in the lease agreement. 185 10 Planning Commission Minutes November 24, 2009 Chairman Alderson asked to verify that the business would operate during standard business hours. Mr. Meade confirmed it would. Chairman Alderson said the parking issue had been discussed at length. He stated in his opinion there was sufficient parking for the proposed business use and it would not be a good business policy to have the applicant tied into a possible $150,000 to $200,000 parking fee -in -lieu assessment two years down the road. He said in two years the City would complete a parking study that would indicate whether or not the available parking was sufficient. He asked staff what would happen if the parking study indicated that more parking was needed. Planning Director Johnson replied the Commission would still have the ability to impose the fee -in -lieu provision, request the applicant to obtain shared use parking agreements, accept it as the face value that was there, or the medical use could be restricted again. Chairman Alderson said this could also be tempered by the upcoming staff's overall parking analysis. Staff replied it anticipated that the analysis would give a good comprehensive assessment of the peak demand of the activity. Commissioner Weber asked if in the future staff could provide copies of the previous minutes relevant to the case being reviewed. He said the standards were established to safeguard the developer as well as the City. He was concerned regarding the front parking lot because of the stalls' inadequate size. He said he was trying to diligently look through the process and be consistent in applying the City's standards. He said he would be willing to support a motion that would condition the dedicated parking spaces. He emphasized that with it being unknown how the surrounding vacant parcels would be developed the Commission might be setting standards that might not be possible to be met in the future. There was no further discussion and it was moved and seconded by Commissioners Barrows/Quill to approve Resolution 2009-032 approving Modification By Applicant 2009-025 as amended below: 44. This Village Use Permit allows the construction of a one-story, 4,494 square foot commercial office building addition on a 0.41-acre site with 17 on -site parking spaces. The original building area (Suite 1; approximately 1,450 square feet) shall „... 186 11 Planning Commission Minutes November 24, 2009 consist only of general office uses. Medical office uses shall be permitted only in the additional expanded area of the building (Suites 2 — 5). Equally or less intensive uses (based on parking standards in LOMC Section 9.150.060) are also permitted in the expanded area. No additional parking spaces beyond those provided on -site are required as part of the expansion of uses in Suites 2 — 5. Employees of the medical use (Suites 2 — 5) shall park in the rear parking area on Calle Cadiz. The front parking area, on Desert Club Drive, shall be reserved for patient parking. AYES: Commissioners Barrows, Quill, Wilkinson, and Chairman Alderson. NOES: Commissioner Weber. ABSTAIN: None. ABSENT: None. VII. CORRESPONDENCE AND WRITTEN MATERIAL: A. Informational letter regarding noise complaint. VIII. COMMISSIONER ITEMS: A. Report on City Council Meeting of November 17, 2009, from Commissioner Weber, with comments on the following items: • Code Enforcement issues with regards to the noise and dog barking issues. • Coachella Valley Parks & Recreation District proposal by Randy Hemingway by Desert Star, LLC. for a Cultural Arts Center to be located down on a parcel owned by the district off of Avenue 58. • Council Member Kristy Franklin would be the Chamber Representative for the City of La Quinta. • Finance Director John Falconer presented the annual financial report. • City Hall would be closed on December 24 and 31, 2009. • Councilman Sniff indicated he attended a presentation regarding the energy, the environment and the solar farm in the east end of the Coachella Valley. • Another commendation for Vista Dunes Courtyard Homes. • Council approved a donation for Martha's Village and Kitchen and the Coachella Valley Rescue Mission. 12' Planning Commission Minutes November 24, 2009 • The PGA West Private Clubhouse and PGA West Golf Villas projects were continued for another 30 days. • Community Development Block Grants annual solicitation of applications for funds for capital projects and for public service projects. B. Chairman Alderson noted Commissioner Wilkinson was scheduled to report back on the December 1, 2009, Council meeting. IX: DIRECTOR ITEMS: A. Interpretation of Allowable Uses in the Community and Regional Commercial Zone. Planning Director Johnson commented on the memo included in the Commissioners' packet on file in the Planning Department. Highlights of the discussion included: • Locations of allowable use. • Staff requested Commission's concurrence with the position that particular uses such as golf carts, neighborhood electric vehicles and/or scooters, categorized as motor vehicles, would not fit in the same category as automobiles. That they would be an outright permitted use within the three listed commercial zoning districts with the exception that if there was to be an outdoor display, it would be allowed via a Conditional Use Permit application which would have to come before the Commission for consideration. Staff asked the Commission to either concur or modify this proposal, so that the next municipal code update would properly identify it within the code provisions. • Commissioner Quill was supportive of staff's recommendation and he thought the City should do anything possible to promote alternative forms of transportation. He agreed that the outside display of electric vehicles should be brought to the Commission for consideration. • Commissioner Quill asked staff to bring the issue of prohibiting the use of private golf carts at the SilverRock Resort for City Council consideration, in light of the fact that City Council recently approved phase 1 of the golf cart plan allowing residents to drive their private golf carts to the SilverRock Resort. 13 188 Planning Commission Minutes November 24, 2009 • The Commission interpretation on above. X. ADJOURNMENT: passed a motion concurring with staff's motor vehicles permitted uses, as described There being no further business, it was moved and seconded by Commissioners Wilkinson/Quill to adjourn this regular meeting of the Planning Commission to the next regular meeting to be held on December 8, 2009. This regular meeting was adjourned at 8:33 p.m. on November 24, 2009. Respectfully submitted, Monika Radeva, Secretary City of La Quinta, California 0 • 14 Department Report: I— A U� TA" 4 dOs• 9ti5 OF TO: The Honorable Mayor and Members of the City Council FROM: Bret M. Plumlee, Assistant City Manager, Management Service DATE: January 19, 2019 SUBJECT: Department Report — Response to Public Comment The following public comment was made at the January 5, 2010 City Council meeting: 1. Deborah McGarrey, 79-335 Camino Del Oro, introduced herself as the new Public Affairs Manager for Southern California Gas Company. She has begun working on projects with the City staff and as a La Quinta resident, Ms. McGarrey looks forward to a continued association with the City. Department Report: 1 "-2) a, �W V S c% 4 C NOFT1 TO: The Honorable Mayor and Members of the City Council FROM: Bret M. Plumlee, Assistant City Manager — Management Services AV DATE: January 19, 2010 SUBJECT: Update on Green and Sustainable La Quinta Program This report provides a quarterly update to La Quinta "green" activities for the period October 2009 through December 2009. City-wide Green. Publicity, Projects, Outreach and Activities The City, along with its Green Partners, hosted a Green Workshop at the Certified Farmers Market in Old Town La Quinta on Sunday, November 22, 2009, from 8:00 a.m. to 12:30 p.m. There were over 650 people in attendance at the event, which provided a great opportunity for Burrtec Waste and Recycling, Coachella Valley Water District, Imperial Irrigation District, and Southern California Gas Company and City personnel to talk about energy efficiency, water conservation, waste and recycling programs and City activities available. In addition, the City and its Green Partners purchased re -usable shopping bags to give to Certified Farmers Market attendees at no cost. The sturdy, re -usable forest green bags which are made out of recycled materials were given to approximately 250 attendees. Based on a request from Trilogy homeowners, staff from various departments recently presented information about various City programs including Green and Sustainable La Quinta, Community Services programs and services, the General Plan, and miscellaneous street improvements and projects currently being done in the City. Staff had the opportunity to answer many questions posed by the residents, and the general feedback from the residents after the meeting was positive. As a follow-up, City staff and its Green partners will provide water conservation and energy efficiency information to the Trilogy Homeowner's Association Board of Directors. Although a date has not been established, staff is '91 targeting a mid -February date. The presentation will be informal and provide Trilogy HOA board members the opportunity to learn about the various programs that our Green partners offer. The Green partners will schedule energy and water efficiency audits with the Trilogy board with the objective of reducing consumption of water and energy and lowering the bills for the common areas of the Homeowner's Association. On December 1, 2009, the City of La Quinta began offering a collection site for Hidden Harvest's expanded citrus recovery program. Hidden Harvest collects excess citrus to donate to agencies that feed the hungry. The citrus collection period began December 1, 2009 and will end on May 24 - Memorial Day 2010. All residents, country club communities, and businesses are encouraged to drop-off their citrus Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. at the City's collection site which is located at the La Quinta Library parking lot (78-275 Calle Tampico). For the month of December, 450 pounds of citrus was collected and as the "season" kicks in, so will the citrus donations. For further information on the citrus collection program, please visit the City website: http://www.la-guinta.org/Index.aspx?page=382 Development Projects Vista Dunes Courtvard Homes Building with Style magazine featured an article on the Vista Dunes Courtyard Homes. The article noted the project was a winner of two categories of the Grand Awards at the 2009 Builders Choice Awards in Washington D.C., and the Affordable Housing Project and Green/Sustainable Community. This was a national competition and Vista Dunes took first amongst its peers in both categories. The Vista Dunes project won the Building of America Award and was featured in the Real Estate & Construction Review -Southern California Edition magazine. The following link is for the magazine that is presenting the award: www.constructionreviews.com. In addition, the Vista Dunes project won a Home Depot Award of Excellence. The Awards of Excellence program identifies recognizes and showcases the outstanding and innovative work of local organizations across the country in the areas of affordable housing built responsibly and using sustainable development strategically to create healthier more vibrant communities. Updates of Utility Programs Partnership with Coachella Valley Water District (CVWD) The City and the CVWD established a Water Waste Helpline (1-888-398-5008) which is intended to allow individuals to report violations contributing to water waste. City and CVWD personnel have been trained to ensure calls are responded to in an efficient manner. The phone number for the helpline is also available on the City's after-hours phone directory. As calls are received at CVWD, CVWD staff members are dispatched to the location for follow-up. For after-hours calls and on weekends, calls are responded to the following day or Monday. Since implementation, there have been 77 total calls related to broken sprinkler heads, flow off landscape, missing spray heads, spray head alignment, standing water and other waste water violations. The City Municipal Code currently has a provision which prohibits allowing water, including irrigation water, from flowing onto a right of way (street). This provision, when combined with the CVWD/City Water Waste Helpline Program will help in reducing water waste. The City and CVWD cooperative Landscape Water Conservation Program continues to provide La Quinta Residents with incentives to replace their turf with drought tolerant landscape. For calendar year 2009, there have been 123 landscape conversion applications received and 44 homes have completed the program. To date, the City and CVWD have issued 56 rebate checks to residents for completing the program, which began in August 2008. Since the inception of the program, 280 Weather Based Irrigation Controllers (WBIC) have been installed in City of La Quinta homes. Partnership with Imperial Irrigation District (IID) A Preliminary Energy Analysis and Green House Gas Emission Study for PGA West Residential Community Association which consisted of 54 pool sites and Lake Pumps was prepared by IID. This preliminary energy analysis report provided by the IID Custom Solutions Program (CSP) is designed to provide the PGA West Residential Community Association with energy efficiency measure identification in the buildings audited and the financial analysis of those measures recommended for implementation. There is good potential for significant electricity and indirect gas savings for various portions of this site. IID Home Energy Audits continue to be a great way to assist La Quinta residents save on home energy costs providing no -cost and low-cost energy efficiency recommendations to homeowners. From July through December 2009, there were 73 energy audits conducted with a total Kwh reduction of 8,022 over the six- month period compared to last year representing a significant reduction. This energy reduction was a result of implementing no -cost and low-cost recommendations provided by IID personnel during the energy audit. IID personnel also gave away 284 Compact Fluorescent Lights (CFL) to help those homeowners get started with their energy efficiency. 193 In addition, IID offers an Energy Star Rebate program. For calendar year 2009, 457 rebates totaling $145,773 have been issued to La Quinta residents, saving more than 451,000 kilowatt hours annually. The City of La Quinta Redevelopment Agency (RDA) owns 27 homes which were built between 1987 and 1989 in the La Quinta Cove. These homes have older, inefficient air conditioning units and need to be replaced. So far, two RDA homes have had high efficiency 14 SEER units installed replacing the much older units. Residents can expect to save approximately 10,000 kWh hours and $1,300 annually in electricity costs. Waste and Recycling Staff continues to meet and work with Burrtec Waste and Recycling (Burrtec) and Hilton, Farnkopf & Hobson (HF&H) Consulting with regard to waste and recycling management services. Burrtec and HF&H have been cooperative and valuable partners in providing City staff with waste management data and providing quality customer service. La Quinta residents can drop-off certain household hazardous waste for recycling on Saturdays from 9:00 a.m. to 1:00 p.m. at the Burrtec facility located at 41-800 Corporate Way in Palm Desert. Household hazardous waste that will be accepted at this facility includes: used oil and filters, batteries, florescent or mercury light tubes and E-waste: old computers, monitors, printers and more. The Sharp's Program allows La Quinta residents to properly dispose of used needles and syringes thereby protecting themselves, their families and the community. The program is completely confidential and is FREE to La Quinta residents. From July to December 2009, over 561 "sharps" containers were received from La Quinta residents for proper disposal. City staff mailed letters to La Quinta businesses not currently participating in the free Commercial Recycling Program. The letter informed them how they may be able to reduce their trash bill by 10% to 30%. This program is included in the City's franchise agreement with Burrtec Waste and Recycling and, by signing up, businesses have the potential to reduce the size of their trash container or the number of weekly pickups, thereby reducing the cost for trash collection and the amount of solid waste going to the landfills. There are eight La Quinta businesses that have signed up for the free commercial recycling program as a result of the letters. In addition, staff is in the process of following up with phone calls to those businesses that received the letter but have not signed up. On October 24, 2009, the City in partnership with Burrtec Waste & Recycling Services hosted a FREE Document Shred Day to the residents and businesses of La 194 Quinta at the Home Depot in La Quinta. The bi-annual document shred day brought in more than 98 vehicles and filled a truck with over 2.25 tons of material. In addition, Burrtec personnel continue to conduct recycling presentations. Recycling presentations were conducted at various schools in La Quinta to classes consisting of kindergarten through 71" grade. Commercial recycling was discussed at the La Quinta Mayors Luncheon; a recycle program was set up at Seasons Senior Housing; and an Outreach & Education Booth was made available at the Certified Farmers Market in Old Town. Educational Programs and Seminars Attended by City Staff On October 19, 2009, staff attended the Desert Cities Energy Efficiency Partnership kickoff meeting. The Coachella Valley Association of Governments (CVAG) hosted the meeting and representatives from local governments, utilities and tribes were in attendance. The objective of the partnership is to provide a forum among participating CVAG member jurisdictions for coordination and information sharing regarding energy efficiency and sustainability projects and opportunities. Meetings are planned for two times per year and email will be used for ongoing communication. On November 12, 2009, four staff members attended a "Webinar" training regarding SB 375, which was presented by the California Redevelopment Association. Topics of interest were: California's climate change legislation, land use and climate change, how SB 375 affects planning, CEQA, the Housing Element, and the practical impact of SB 375 and how the Redevelopment Agencies will play a role. More detailed information is available from staff. On November 18, 2009, staff attended a SB 375 Regional Workshop hosted by the Southern California Association of Governments (SCAG). The workshop agenda included a keynote speaker from the California Air Resources Board and panel discussion involving the Regional Targets Advisory Committee as well as local and regional leaders. In general, the workshop provided opportunity to receive a status report on what is currently underway in preparing for the implementation of SB 375. On December 10, 2009, staff attended an SB-375 workshop at UC Riverside's Palm Desert campus. The workshop included an overview of the planning legislation from a local perspective, a presentation of our current regional economic statistics, and a panel discussion. Representatives from the Southern California Association of Governments also discussed how the legislation may impact the Coachella Valley. A City staff member has been assigned to the CVAG Energy and Water Conservation Subcommittee. The subcommittee is attended by local governments, 195 tribes, utility agencies, consultants, private industry and residents of the Coachella Valley. The purpose of the subcommittee is to discuss, energy efficiency and water conservation not only on a local level but a regional level as well. The Subcommittee meets every other month at the CVAG offices. Green Stimulus Funding In October 2009, a $50,000 grant award was received from the County of Riverside COLMAC Air Quality Enhancement Fund. This award is being used to help support the landscape conversion program (replacement of turf lawns with desert landscaping), which helps reduce PM10 by eliminating re -seeding. It is also being used for the smart controllers for irrigation, which reduces kilowatts used by water pumps and helps reduce greenhouse gas emissions. Staff will be working with the Coachella Valley Water District to increase the incentives to encourage more participation in the existing programs. Conclusion The City has been very pro -active in developing programs, training staff and reaching out to La Quinta residents to ensure reduction in water and energy consumption and greenhouse gas emissions. Staff will continue to make significant efforts to meet the City Council's expectations to protect the environment and maintain a "Green and Sustainable La Quinta." 196 JANUARY 18-24 JANUARY 19 FEBRUARY 2 FEBRUARY 16 FEBRUARY 20 MARCH 2 MARCH 11-14 MARCH 16 APRIL 6 APRIL 20 DEPARTMENT REPORT: B - A CITY COUNCIUS UPCOMING EVENTS BOB HOPE CLASSIC CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING DISTINGUISHED ARTISTS AT CIVIC CENTER CAMPUS CITY COUNCIL MEETING LA QUINTA ARTS FESTIVAL CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING 197 LA QUINTA CITY COUNCIL MONTHLY CALENDAR January 20 10 ..Monday.. ..Thursday:..y Saturday 1 2 New Years Day CITY HALL CLOSED 3 4 5 6 7 8 9 3:00 PM City Council 10:00 AM ALHC Meeting 10 11 12 13 14 15 16 10:00 AM Pub. Shy. 7:00 PM Planning 9:00 AM RCTC 9:30 AM Animal Campus 9:00 AM CVA Evans Henderson Commission Henderson Franklin 12:00 PM Transp 4:00 PM Investment 11:00 AM CVCC-Sniff Henderson Advisory Board 12:00 PM Energy/ 5:30 PM Community Environs Sniff Services Commission 6:00 PM League - Henderson 17 18 19 20 21 22 23 /'� 3:00 PM City Council 10:00 AM Homelessness 3:00 PM Historic Preser- (Z\�"$� Meeting Core. Franklin vation Commission 12:00 PM HCRC Franklin Martin Luther King's Birthday (CITY HALL CLOSEDI Bob Hope Classic Golf Tournament 24 25 26 27 28 29 30 10:30 AM RCTC Budget - 7:00 PM Planning 12:00 PM Sunline-Adolph 9:00 AM LAFCO Henderson Commission 4:00 PM J.Cochran Reg. Henderson 6:00 PM Exec Cmte: Airp Franklin Adolph gob Hope Classic GoL.1 31 December 09 February 10 S M T W T F S S M T W T F S 1 2 3.._4 5 1. 2 3 4.....-5 6 6 7 8 9 10 11 12 7 8 9 10 11 12 13 : 13 14 15 16 17 18 19 14 15 16 17 18 19 20 20 21 22 23 24 25 26 21 22 23 24 25 26 27 27 28 29 30 31 28 Printed by Calendar Creator Plus on 1/12/2010 198 LA QUINTA CITY COUNCIL MONTHLY CALENDAR February 2010 Sunday;Monday'.. Wednesday ..y Friday Saturday 1 2 3 4 5 6 3:00 PM City Council 10:00 AM ALRC 12:00 PM Mayor's Lunch Meeting 7 8 9 10 11 12 13 10:00 AM Pub. Sity 7:00 PM Planning 9:00 AM RCTC- 11:00 AM CVCC-Sniff Henderson Commission Henderson 12:00 PM Energyl 12:00 PM Transp 4:00 PM Investment Environs Sniff Henderson Advisory Board 5:30 PM Community Services Commission 6:00 PM League - Henderson 14 15 16 17 18 19 20 3:00 PM City Council 10:00 AM Homelessness 3:00 PM Historic Preser. 9:00 AM CVA Evans Meeting Cmte. Franklin vation Commission f 12:00 PM HCRC Franklin President's Day (CITY HALL CLOSED) i 21 22 23 24 25 26 27 m30 AM RCTC Budget - 7:00 PM Planning 12:00 PM Sunline Adolph 9:00 AM LAFCO- Henderson Commission Henderson 6:00 PM Exec Cmte: Adolph 28 January March S M T W T F S S M T W T F S Ll3 1 2 1 2 3 4 5 6 4 5 6 7 8 9 7 8 9 10 11 12 13 " 10 11 12 13 14 15 16 14 15 16 17 18 19 20 17 18 19 20 21 22 23 21 22 23 24 25 26 27 24 25 26 27 28 29 30 31 28 29 30 31 Printed by Calendar Creator Plus on 1/12/2010 1g LA QUINTA CITY COUNCIL MONTHLY CALENDAR March 2010 -- -- 1 2 3-- 4 5 6 - 3:00 PM City Council 10:00 AM ALBC Meeting 7 8 9 10 11 12 13 10:00 AM Pub, Shy- 7:00 PM Planning 9:00 AM RCTC 9:30 AM Animal Campus Henderson Commission Henderson Franklin 12:00 PM Transp 4:00 PM Investment 11:00 AM CVCC Sniff Henderson Advisory Board 12:00 PM Energy) 3:00 PM Mons. Environs Sniff Consversancy Franklin 5:30 PM Community Services Commission 6:00 PM League to Circle Arts Festival _ Henderson 14 15 16 17 18 19 20 3:00 PM City Council 10:00 AM Homelessness 3:00 PM Historic Preser- 9:00 AM CVA Evans Meeting Cmie: Franklin vation Commission 12:00 PM HCRC-Franklin La Cuinoa Arts Festival 21 22 23 24 25 26 27 10:30 AM BCTC Budget 7:00 PM Planning 12:00 PM Sunline Adolph 9:00 AM LAFCO Henderson Commission 4:00 PM J.Cochran Reg. Henderson Aim Franklin 28 29 30 31 6:00 PM Exec Cone: Adolph February April S M T W T F S S M T W T F S 1 2 3 4 5 6 1 2 3 7 8 9 TO 11 f2 13 4 5 6 7 8 9 10 14 15 IS 17 18 19 20 11 12 13 14 15 16 17 21 22 23 24 25 26 27 18 19 20 21 22 23 24 28 25 26 27 28 29 30 Printed by Calendar Creator Plus on 1/12/2010 2�3� DEPARTMENT REPORT: ____[_ C&hf 4 4 a" TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & SafetyT/4 DATE: January 19, 2010 RE: Department Report — December, 2009 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of December. The statistical summaries depict the following highlights: • Year-to-date building permit valuation is $44,638,687 which represents an issuance of 87 building permits in December; • Animal Control handled 280 cases in December; • Code Compliance initiated 189 cases in December; • Garage sale permits generated $1250 revenue in December. r vi o o m w o w o m o m P w m o m o o m o o r ti o r m �n o ry o m m m m r N o p o o m o o w m� wm�o minty a aHwo m�ooe m a o ry r W w�aryma a s Noo�nmmrvHin Ho a W mmmo.+ .� .imHm mamH ma m w r N rl N ry r P m �O aQ N p W F .......... r> a Vl Vl O O m O P O� N r m w 01 T N N r fi Ol r W Q �O m 01 O p m O� r ry 'i ry m m N N 0 O r � N1 O If1 ri a p b q a O a H Q a W a VI F r pi m r4 m N N p O m �O p �O N O N In p O �O p O Ada w W w r !/j Ifl m N N N N P O m �O P P N N N ri P O ry P O r a ti r-1 N N 01 a a a O O O O O O O O N In T N r P O r O m P O O N W m U] W a o W W m m m r rn m m m m m o r m m m o 0 H F N N : 1I1 rl fl N N �O m N �O r ri O r N N r Z\ N O N E H N H U, E x Z ' U a W w r Q r N N O O O O O r rl N O O O O m N O N N O O O H x a Q r W 5 r In '-I N O N P r O P O Ifl N O N r O O N a F w r O a r T T p p r m r O r In H N O P rJ N ry O a a H Q �p a ry ry m m r4 Vl �D m N N N N O� ry a max r a> r r fr ri N m N N m N r m �O N 111 m p Q O Q : W VI nl r N N H W Z r a r m ooHrma mnq rHQ marx U ti E H r E H a w F mxm F r N m0000uiH �nwa mN�D �ommNmry H m fn O a H H W x H F aar a F a g Z a r w W W r W7x f Harrar as array W oawra a woo: w m a a F O r F q W x w u o 6 Z F w q w a a a m a F H a a a uzi 49 a F a a❑ aH w x z F a H E a F z w uazw F m Uz4 w Oa q aawx Z W aWH a aHW W,QP w a WOP U wFa m UHo o x Z mu" w awl xmi H FWQ a a owwo w owo w Oaa E �w uxax w a uaH wF z � a W x xaa w w wz r uoroa i> rrW wHr u rF zz u uu�uoo a o a a oW F F H uzaa wz a rr aa : ooroapgN FloaooFo�owauo Oaz ouw.E oamau4w, oaxwauExo Wawx w Q W 4 4 0 a W a Q W Q a W w O W 3 «+ o F a w O V N a x E m o U m x 0 Z m z F r a u o W x W w u F m Ms 004F, ra aauaaWaaWaauWaawHooaF 2�� u a r amuuugwoxaaaaaammmmmE fn U a� zF N J � U_ oa 0 z U� J_ 5 m n 0 0 N co O 0 N j N 0 00 Lo v N n M N V 0) 0 O V LO Lo € O r-- N O O 0 O 0 V (O r N M O M O M r N! 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O) C f- H a 0>p .� a c O O O 0 O E W w c N (Q c c C Y C N J aI N = N L aYaQ mas � �Q10 0Qx�V � cE cl E > E E E 2 mro ` >a> a> c >F°- c a H Oa) cp _ > af0iFE°3- aiFEes3- -Hc z� a)— o�Q �O¢a>� 00a000<00Ro�o,W 1�= Z ��a.E0)R-,LQO L V = O CL cU O m¢U>NL0Z 0F° Z Ho c Q Z F 204 It O NN� R V U) R cn ci CL C R L O U m O U CD 0 0 N N m O M O c0 n O (D (O :3 m m 7 m 7 M M n O a O M N M Mc N O N N m N m of (O m N N M M M M N N N O H (a } N LL) r O V ID co (O t0 1— W O w m m N N (O m )O O MO NN (Om NOM mm co n )n ma0 (00 M W a U 0(0 (O V M V' (O 0 N N N N N m Q r o � � N � N M N N m M I m m M (O m NO O O m NO(D`-(O u Q IONO O m m LO NO r M M M N N N N N � C m N m (O N )O O m m cT N G M W O r N IQ k N J N N N N M M (y (y �p �_� O N O (O m I� 7 r W fr') w N N N N (O r N m N M M N M I N � O M N m M CO m N IT N m m O M CO (O V M O M O N Q N N M M m QO Omc-W m rG Nco M m N m�N M [C4 O N (O m a0 I� M m MO N Z V U O a W y c o ~ y y y H y Z u c vi Z F z Z G O F W O O N Cl W d' fn F' Z O V) w W w 4% Z > d y W F O. LU~ i azFm a a) V w o w p C£ a Z wroa rn��h�LL U) ��yJ�LU m Q V d oc a) C 'Er a) m ar a) w m C �. zr a) O. E N N wr m Q EC9m�am W J V (7 z E E N E J E :°.° w Q Q O O O 0 O U@ O Q O O O a7 U Z (4 O U Q O W U) IL U) N (/) U W (n U = (n U -i c H H y W Z (/1 0 W z 3 > m m 0==tea 2u5 DEPARTMENT REPORT: 6' a °4 �it4�iv flUtr6l/ Y,oO mO�S� y OF T TO: Honorable Mayor and Members of the City Council FROM: Edie Hylton, Community Services Director VA\ DATE: January 19, 2010 SUBJECT: Community Services Department Report for December 2009 Upcoming events of the Community Services Department for February 2010: February 1 *Morning Workout *Mat Pilates Jazzercise, Senior Center Tae Kwon Do, Senior Center Tai Chi Qi Gong, Fitness Center February 2 *Tai Chi Intermediate *Yoga for Health *Swing/Latin Fusion *Hawaiian Hula *Beginning Email Body Sculpting, Senior Center Zumba, Senior Center February 3 *Tap Technique *Sketching & Drawing *Conventions in Bridge Ballet/Tap, La Quinta High School February 4 *Creative Photography February 5 *Beginning Bridge February 9 Free Lecture Series Acupuncture, Museum February 11 Dance, Play & Pretend, La Quinta High School Beginning Ballet, La Quinta High School Beginning Belly Dance, La Quinta High School February 12 *Karaoke (FREE Class) *Dance Workshop *Evening Dance February 18 *Valentine Luncheon February 20 Distinguished Artists, Civic Center Campus February 25 *Mature Driver February 27 Temecula Valley Excursion Youth Festival, La Quinta Park *Senior Center class or activity 2 0 Community Services Department Attendance Report for the Month of December 2009 Summary Sheet Program 2009 2008 Variance Sessions Per Month 2009 20OR Leisure Classes 78 35 431 64 26 Special Events 1330 745 585 2 4 Sports/Fitness Center 1077 681 396 41 46 Senior Center 1508 1362 146 78 89 Total 3,993 2,823 1,170 185 165 Senior Services Senior Center 238 216 22 13 13 Total 238 216 22 13 13 Sports User Groups La Quinta Park Use AYSO 1400 1300 100 13 11 C.V. Soccer Club 100 0 100 3 0 Desert Boot Camp 50 0 50 7 0 Sports Complex LQ Sports & Youth 160 120 40 19 17 PDLQ Football 220 0 220 5 0 So Cal Xtreme 25 0 25 3 0 Col. Paige School AYSO 270 0 270 1 0 Facility/Park Rentals Senior Center Private Part 250 600 -350 2 5 Churches-2 600 600 0 8 8 Museum Meeting Room 60 60 0 1 1 Osher classes 480 300 180 4 6 Library Classroom 540 360 180 9 6 Civic Center Campus Private Part 150 0 150 3 0 Park Rentals La Quinta Park 100 150 -50 2 3 Fritz Burns Park 50 0 50 1 0 Total i 4,455 3,490 965 811 57 Total Programs 1 91 2,1571 2791 235 Volunteer Hours Senior Center 201 166 35 Total Volunteer Hours 201 1661 35 201 Community Services Program Report for December 2009 2009 2008 2nnc 2nnR Participants Participants Variance Meetings Meetings Leisure Classes Relaxing Movements 4 0 4 6 0 Ballet/Tap 3 0 3 2 0 Microsoft Excel 8 3 5 2 3 Inter. Computers 6 4 2 1 3 Photoshop Pro 3 0 3 1 0 Begin. Ballet 31 4 -1 3 1 Tai Chi Qi Gong 10 0 10 18 0 Tae Kwon Do 3 3 0 12 12 Balancing Hormones 9 0 9 1 0 Ways To Spend Less 8 0 8 1 0 Jazzercise 13 0 13 11 0 Body Sculpting 8 0 8 6 0 Totals 78 14 641 641 9 2009 2008 2009 2008 Participants I Participants Variance Meetings Meetings Special Events Tree Lighting Ceremony 1100 500 600 1 1 Breakfast With Santa 230 225 5 1 1 Totals 1330 725 605 2 2 2009 2008 2009 2008 Participants I Participants Variance Meetings Meetings Sports & Fitness Center Open Gym Basketball 437 201 236 14 23 Open Gym Volleyball 41 0 41 3 0 Fitness Center 599 480 119 24 23 Totals 1077 681 396 41 46 Community Services Totals 2,4851 1,4201 1,0651 1071 67 208 Monthly Revenue Report for December 2009 Monthly Revenue - Facility Rentals 2009 2008 Variance Libra $ - $ 700.00 $ 700.00 Museum $ 75.00 $ 385.00 $ 310.00 Senior Center $ 3,975.00 $ 3,885.00 $ 90.00 Parks * $ 830.00 $ 160.00 $ 670.00 Sports Fields ** $ 2,026.00 $ 230.00 $ 1,796.00 Monthly Facility Revenue $ 6,906.00 $ 5,360.00 $ 1,546.00 Monthly Revenue Senior Center .** $ 4,456.00 $ 7,469.00 $ 3,013.00 Community Services $ 2,742.00 $ 2,593.00 $ 149.00 La Quinta Resident Cards $ 3,255.00 $ 2,760.00 $ 495.00 Fitness Cards $ 330.00 $ 465.00 $ 135.00 Total Revenue $ 10,783.00 $ 13,287.00 $ 2,504.00 Revenue Year to Date Facility Revenue $ 27,945.00 $ 26,002.50 $ 1,942.50 Senior Center $ 40,888.00 $ 30,116.00 $ 10,772.00 Community Services $ 25,747.00 $ 30,430.00 $ 4,683.00 La Quinta Resident Cards $ 15,540.00 $ 9,990.00 $ 5,550.00 Fitness Cards $ 2,960.00 $ 3,580.00 $ 620.00 Total Revenue to Date $ 113,080.00 $ 100,118.50 $ 12,961.50 * Gazebo rentals increased in 2009 compared to Dec. 2008. LQSYA paid $1,600 for 2009 Winter Ball Elite teams' usage of Sports Complex. "* Registration for new season classes will not take place till March 2010 so revenue decreased compared to Dec. 2008. 209 Senior Center Attendance Senior Center Program Report for November 2009 Participation Participation Variance Meetings Meetings 2009 2008 2009 2008 Senior Activities ACBL Bride 209 170 39 3 2 Bridge, Social/Party 389 473 -84 12 17 Evening Dance Winter Wonderland 61 30 31 1 1 Monthly Birthday Party 40 35 5 1 1 Monthly Luncheon (Holiday) 141 119 221 1 1 Arts & Crafts Bazaar 300 150 1501 1 1 Movie Time 35 48 -13 3 3 Putting Action 19 10 9 5 2 Tennis 101 71 30 8 7 Wii Tournament 2 0 2 1 0 Senior Activity Total 1297 1106 191 36 35 Senior Leisure Classes Arts & Crafts (Holiday Cards) 4 4 0 1 1 Bridge Classes 17 15 2 2 3 Exercise 28 23 5 8 9 Golden Tones 19 24 -5 3 2 Issues of the Day 65 28 37 2 2 Mat Pilates 14 17 -3 8 4 Quilters 14 16 -2 3 3 Tap Dance 9 0 91 3 0 Ukulele Players 19 12 7 6 6 Watercolor 13 13 0 3 2 Woodcarvers 9 12 -3 3 3 Senior Leisure Classes Total 211 164 47 42 35 TOTAL SENIOR PROGRAMS 1508 1270 238 78 70 Senior Services FIND 128 101 27 2 2 Geriatric Consultation 1 0 1 1 0 HICAP 27 3 24 4 1 Legal Consultation 4 6 -2 1 1 FREE Seminars/Presentations/Screenings (4)' 34 46 -12 4 6 Notary 4 0 4 1 0 Volunteers 40 31 9 n/a n/a TOTAL SENIOR SERVICES 238 1871 51 13 10 SENIOR CENTER TOTAL 1746 14571 289 91 80 *Included: HUH! Help U Hear; Eisenhower Medical Center: Blood Pressure & Carotid Artery Screening La Quinta Resort Sou Chef presentation & Senior Spotlight: Meet Mr. Hong 210 Parks Activities Updates For December 2009 The La Quinta Park interactive water feature is closed for the season as of December 1, 2009. The date for re -opening has not been set but it will occur in the Spring when the daytime temperatures increase. A 15 foot palm tree located by the gazebo at the Civic Center Campus was replaced. It is unknown why the tree did not survive but it was immediately replaced with a 10 foot palm tree. The installation was successful with no damage to the property. The La Quinta AYSO ended practice at La Quinta Park December 19, 2009 for the holiday season. Practices and play will resume on January 4, 2010. Staff has noticed an increase of use at the City parks. This is most likely due to school being on winter break as well as "Snow Birds" returning for the holidays. The dog parks at Fritz Burns Park and Pioneer Park are being heavily used throughout the day. Staff has received complaints about too many dogs in the dog parks and large dogs in the small dog sections. A sign has been posted at the entrance to the small dog section at Pioneer Park requiring dogs to be less than 30 pounds for that area. All dogs larger than 30 pounds must use the large dog section. A community workshop has been scheduled for Wednesday, January 13, 2010 from 5:30pm to 7pm at the La Quinta Library. The purpose of the workshop is to discuss the off -leash dog park and proposed lighting at Seasons Park. This project will include outdoor low-level lighting which would be required to be turned -on only during use and turned -off when not in use. Notices were sent to all residents that live within 500 feet of the Seasons Retention Basin. " 211 Department Report: Lill ^� OF Tt� TO: The Honorable Mayor and Members of the City Council FROM: Les Johnson, Planning Direct tlll DATE: January 19, 2010 SUBJECT: Department Report for the Month of December 2009 Attached please find a copy of the Planning Department Report which outlines the current cases processed by staff for the month of December. 212 1 E- Z cw G Q a w C7 Z Z Z Q a F— Ir O IL w Z w F- Q d w 0 O O N cc w co 2 w U w 0 0 w Z O F~— F- g a m U N U) N N O w U) U -a a D m m 'a 'a 'O 'a 'a a a 'a 'D 'a D 'a 'D m m m Q W a) () 0 a) 0 a) 0 0 @ 0 W a) a) a) a) a) Q a) 0 N 0 U 2 O E E E E E E E E E E E E E E E E E E E E w Z a a .0 .0 -0 -0 -0 -0 -0 a a -0 -0 -0 -0 -0 m -0 -0 -0 Z Q 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 D J Cl N 0 N 0 N 0 w w 0 N 0 N N 0 0 N w w 0 N M d W M 0 0 0 0 �1r 00-;t00000MO00� a Z Q N Z O J N Q U n F- W a) d cn U c Z } fn ++ U)�y+ @ a1 C E fA @ E U) (D CL N C W aa)i aa)i a a W a d °' @ fCL Q0 ` y C N cm: CLE O�mQ.�EaciQ- a) c @ a� E a a w Q < E o (D a) a>i E U o y Q O mcL N 'a a a+ O N E 6 d@ o o- U@ O O oQ E c v Q @ O c> U Z>> t U a c J 0 w a� E ao o O y '+ o ❑. a) U c > "a a) o @ O 'a O U a@@ ++ ++ m a) . 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Jonasson, Public Works Director/City Engineer DATE: January 19, 2010 SUBJECT: Public Works Department Report for December 2009 Attached please find the following: 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; 215 } F N Z } W J S Ya-�Z rn Z O j d i N OOFW J N W f0 03UJ Lu0 U U U m> a y Z W N F U F N OJ O O O O O O O O O O O O O O O O O O W J . O N U W o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O, m� aw` U ow w� m in'I o 0 0 0 0 0 0 0 0 0 0 0 0 0 o N z M O O O O O O O O O O O O O O O O O O O O O O N O N O O O O O O O O (O Y U " o U m N W a' W O O O O O O O00 M O O O O O O O N m 0 2a o oO N o m o m o CwnO Z O. U MW> wo O Mo NO W 2 a. Y O C O U N 6 V Y U zi d O .. 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U y o � � N E C p Q -0� O � DUui 0 D U O I T \ � I tS) _0 E m U p C N m C m a) N N .pC O N N > Y C 00 F M M O I a)O N O O O v n Y U N O rn- � LL C � Y r � O .0 N (A MONTHLY SUMMARY OF PUBLIC WORK TASKS MONTH OF: DECEMBER, 2009 Employee's Hourly Labor Breakdown Crew#1 Crew #2 Crew #3 Maint. Mg. Code Activity 5 Men 4 Men 3 Men 1 Man Total 1000 Policing/Inspection 45 146 26 .7 224 1001 Pot Hole -Repair/Patching 11 14 0 0 25 1002 Crack/Joint-Repair 0 0 0 0 0 1003 Pavement Marking/Legends 22 0 0 1 23 1004 Pavement Marking/Striping 2 01 0 0 2 1005 Curb Painting 8 0 0 0 8 1006 Other Traffic Controls 0 95 0 0 95 1007 Curb & Gutter Repair/Const. 0 0 0 0 0 1008 Other Concrete Repairs/Const. 0 4 4 0 8 1009 Street Sign Install (New) 5 0 0 0 5 1010 Street Sign Repair/Maint 24 12 0 4 40 1011 Debris Removal 17 71 0 1 89 1012 Right of Way Maint. 2 18 31 01 51 1021 CLEAN Catch Basin Inlet/Outlet 1 5 0 0 6 1022 Rondo Channel Outlet/Vault 2 0 0 1 3 1022A Desert Club Outlet/Vault 0 0 0 0 0 1023 S.D./ D.W./C.B. Repair/Maint. 0 1 0 3 4 1024 Gutter/Median Sand Removal 0 01 0 0 0 1025 Street Sweeping (Machine) 137 0 0 0 137 1026 Street Sweeping (Hand) 8 0 0 0 8 1027 Sidewalk/Bike Path Cleaning 0 0 20 0 20 1028 Dust Control 0 0 0 0 0 1029 Flood Control 8 27 4 4 43 1031 Parks/Retention Basins Inspection/Clean-ul 0 0 84 0 84 1041 Irrig/ Weeding, Shrubs & Tree Trimming 24 0 195 9 228 1051 Landscape/Irrigation Contract Management 0 01 30 13 43 1052 Lighting/Electrical Contract Management 0 0 22 10 32 1061 Small Tools Repair/Maint. 0 0 4 0 4 1062 Equipment Repair/Maint. 1 1 0 0 2 1063 Vehicle Repair Maint. 17 3 3 0 23 1081 Trash/Litter/Recycable Removal 0 0 6 0 6 1082 lVandalism Repairs 0 8 2 0 10 1083 IGraffiti Removal 132 79 38 8 257 1084 Maint. Yard Building Maint. 33 79 0 3 115 1085 Seminars/Training 20 31 4 8 63 1086 Special Events 0 0 0 0 0 1087 Citizen Complaints/Requests 116 0 0 0 116 1088 Meeting 10 4 27 26 67 1089 Office (Phone, paper work, reports, Misc.) 38 34 4 38 114 SUBTOTAL 1 683 6321 504 136 1955 1091 Over Time 11 15 36 0 62 1094 Jury Duty( 0 0 0 0 0 1095 Sick Leave 32 16 0 8 56 1096 Vacation 61 24 0 24 109 1097 Holiday 160 128 96 32 416 1098 Floating Holiday 0 0 0 0 0 1099 Worker Comp/ Bereavement 64 0 0 0 64 SUBTOTAL 3281 1831 1321 641 1 707 TOTAL HOURS 10001 8001 6001 2001 1 2600 TOTAL MILES 33231 28961 23321 2451 1 8796 223 Department Report: LA L11 TA PiLICI Served by the PJverside County Sherirs Department Police Department Monthly Report December 2009 Prepared for La Quinta Police Department • SIGNIFICANT ACTIVITY REPORT Captain Rodney Vigue Chief of Police 12/01 Tuesday 1330 hours-- Dep. McAnallen arrested Stephen Garcia for public intoxication at Hwy. I I I and Washington St. 1400 hours — La Quinta SET members served a search warrant in the 51400 block of Avenida Martinez. The warrant location was the residence of Harry Macon. No additional evidence was seized. 1730 hours — La Quinta SET Deputies Rodriguez and Burgie conducted a pedestrian check in the parking lot of Home Depot. Orlando Gonzalez was arrested for possession of illegal drugs and a small bag of marijuana. Gonzalez was booked into the Indio Jail. 1640 hours- Deputy Hernandez responded to the bike trail off Montezuma to an indecent exposure incident. The adult female victim said she would not be able to identify the suspect. 1902 hours- Deputies Russell and Lopez responded to a disturbance in the 46100 block of Washington St. Deputy Russell arrested Frederick Ige for misdemeanor domestic violence. Booked into Indio jail. 12/02 Wednesda 0330 hours — Deputy Lewis conducted a vehicle check at Dune Palms and Fred Waring. Alfonso Walls • was arrested for possession of methamphetamines and drug paraphernalia. Anna Maria Villespir was cited for a misdemeanor traffic warrant. 1600 hours — La Quinta SET deputies contacted Harry Macon at his residence in the 51400 block of Avenida Martinez. Macon was arrested for violation of his probation and booked into the Indio Jail. 1630 hours- Deputies Smith and Moore conducted a home visit on a juvenile who was not attending school. They located marijuana packaged for sales, money, a scale and packaging. 1958 hours — Deputy Rodriguez responded to La Quinta Park, Westward He X Adams St. reference a domestic violence call. Andrew Rubalcava was arrested for domestic battery. Rubalcava was transported to Indio Jail and booked. 2101 hours- Deputies responded to a battery in progress in the 79700 block of Westward Ho. The juvenile suspect entered through the garage and confronted the victim. Deputy Vanderhoof located and detained the suspect. 2324 Hours- Deputy Martinez responded to the 52700 block of Avenida Velasco regarding a domestic disturbance. Christina Madriaga was arrested for domestic battery. 12/03 Thursda No Significant Activity 12/04 Friday • 1756 hours — La Quinta SET Deputy Glasper conducted a vehicle check on Calle Hildago and Avenida Herrera. Ellen Lauw was arrested for a felony warrant for parole violation and booked into the Indio Jail. 225 • 2157 hours — Deputy Ramos conducted a traffic stop at Eisenhower and Calle Sinaloa. Celine Dusablon was arrested for DUI. 12/05 Saturday 0019 hours — Deputy Miller conducted a traffic stop at Jefferson and Avenue 54. Miguel Ponce was arrested for DUI. 12/06 Sunday 2200 hours- Deputies Anderson and Kibbey responded to the 50700 block of Santa Rosa Plaza regarding an intoxicated person. Lon Hinkle was determined to be unable to care for himself and was booked into the Indio Jail. 12/07 Monday 0102 hours — La Quinta deputies responded to the Beer Hunter Bar reference a fight in the parking lot. While investigating the fight, Deputies arrested Matthew Christopher, Kenneth Stucki Jr. and Ryan Stewart for public intoxication. 12/08 Tuesday 1748 hours -- La Quinta SET Deputies Vanderhoof and Burgie contacted Robert Diano in front of Kohl's Department Store. Diann, a parolee, was found to be in possession of stolen property. Diano was booked into the 'on -of -stolen piupw ty and for bein -under the-infltrence cf a -narcotic. • 2257 hours — Deputy Hart responded to a citizen's report of a possible drunk driver in the area of Washington and Highway 111. Deputy Anderson stopped the vehicle at Highway I I I and Adams St. Peter Ray was arrested for DUI and Gary Bowling was arrested for public intoxication. 12/09 Wednesday 1520 hours- Deputy Bawdon responded to the 45100 block of Coldbrook regarding a report of a kidnapping. Two juveniles reported that an adult grabbed them and took them to a nearby park. Deputy Bawdon learned that the two juveniles had been playing with matches and starting fires at the park and made up the story about being kidnapped to avoid getting in trouble. 12/10 Thursday No Significant Activity 12/11 Friday 1400 hours — Deputies responded to the 79800 block of Ave. 52 regarding a report of copper theft. Private security guards had detained Gerald Peery with suspected stolen copper. Deputies located Peery's accomplice, Kevin Seals, with burglary tools. Both were arrested for burglary and possession of stolen property. La Quinta SET Deputy Reinbolz authored a search warrant for the suspect's vehicle where additional suspected stolen property was located. Both Peery and Seals were booked into the Indio jail for burglary. 1659 hours- Deputy Ramos conducted a pedestrian check at Avenida Mendoza and Calle Hidalgo. Scott Taylor Madigan was arrested for an outstanding felony warrant for possession of methamphetamine. Madigan was transported and booked into the Indio Jail. • 2135 hours- Deputy Newton responded to the McDonalds restaurant in reference to a subject causing a • disturbance at the location. Ernest Barraza was arrested for public intoxication and booked into the Indio Jail. 2247 Hours- Deputy Martinez responded to the 52100 block of Avenida Bermudas regarding a domestic disturbance. The victim stated that her ex -boyfriend had assaulted her. The boyfriend was located in Moreno Valley. He was detained pending further investigation. 12/12 Saturday 0655 hours- Deputy Martinez arrested Pablo Gutierrez for a felony narcotic warrant. 1250 hours- SET Deputy Hughes responded to Costco in reference to a subject detained at the location for theft. Steven Kraig Kover was arrested for burglary, violation of probation and for an outstanding felony warrant for narcotics violations. Kover was transported and booked into the Indio Jail. 1644 hours- SET Deputies Burgie and Glasper responded to Kohl's in reference to a theft in progress. They arrested Daniel Mejia and Octavio Ortega for burglary. 12/13 Sunday No Significant Activity 12/14 Monday 0143 hours — Deputy Hart attempted to conduct a vehicle stop, however, the driver failed to yield. After a brief pursuit, the vehicle collided with the curb on Warner Trail. Two subjects fled on foot. Jose Ivan • Carbajal was arrested for fleeing from police. The driver was not located. 2244 hours- Deputy Anderson responded to the 79800 block of Derek Alan Dr to a domestic disturbance. Danielle Woolford was booked for misdemeanor domestic violence. 12/15 Tuesday 1400 hours — La Quinta deputies responded to an unfounded report of a kidnapping in the 78900 block of Ave. 50. Deputy Trueblood located the suspect vehicle and found that the driver of the vehicle was the mother of the alleged victim. The driver, Deborah Flanagan, and the passenger, Russell Shope, are both on parole. A parole compliance check was conducted and deputies located prescription drugs in Flanagan's purse belonging to a victim of a burglary out of Indio. Shope was found to be in possession of one prescription pill. Additional investigation revealed Flanagan was in possession of stolen property from Wal-Mart. Flanagan was arrested for possession of prescription drugs without a prescription, possession of stolen property and commercial burglary. Shope was released from the scene and deputies will be filing charges out of custody for violation of probation and possession of prescription drugs without a prescription. 1401hours- Cpl. Myers was flagged down in the area of Adams x La Palma reference a residential burglary that had just occurred. The citizen reported that he observed two males load a flat screen television into a black older model vehicle. Cpl. Myers contacted the homeowner who lives out of town and advised of the circumstance. 1525 hours- Deputy Hernandez responded to an indecent exposure call on the bike path at Avenida Rubio and Avenida Montezuma. The reporting party said she was walking on the bike path when she saw a young male with his back to her. As she approached the male he turned to faced her and made obscene gestures. • 12/16 Wednesday 221 0223 hours — Deputy Hart responded to the 78400 block of Crestview reference a disturbance. A thirty year • old male was transported to Oasis Mental Health for a 72-hour mental evaluation. 1130 Hours: Dep. Alexander responded to a report of a past robbery. The victim stated that she was robbed of $8,000.00 cash. Investigation revealed several inconsistencies in the victim's statements and when confronted with these inconsistencies she admitted she was not robbed. She was the victim of a scam and was embarrassed to tell the truth. 1315 hours — Deputies responded to a report of a suspicious person in the area of Margurite Court and Star Flower Trail. Officer's contacted Derek Yescas and Mary Delara and determined they were responsible for two residential burglaries in the immediate area. Both Yescas and Delara were booked into the Indio Jail for two counts of residential burglary and committing a felony while out on bail. 1440 hours- Deputy Newton responded to Sam's Club regarding a suspect being detained for theft by access card. Graciela Flores was arrested for theft by access card and obtaining information from an access card. The suspect is an employee of Sam's and used the information to purchase gasoline. 12/17 Thursdav 1533 hours- Deputy Newton responded to Wal-Mart in reference to two subjects detained at the location for theft. Geraldine Calderon and Johanna Alarcon were arrested for shoplifting and booked into the Indio Jail. 2303 hours- Deputy Martinez was dispatched to the Circle K on Calle Tampico regarding a suspicious person. Marisa Lynn was arrested for possession of a controlled substance and committing a felony while out on bail. • 12/18 Friday 0215 hours- Deputy Lun conducted a vehicle stop on Hwy I I I & Channel Drive. Kitzia Maeda was arrested for driving under the influence of alcohol. 2100 hours- Deputy Scott responded to the 56300 block of Pebble Beach Drive in reference to a domestic disturbance and arrested Margaret Kirkby for domestic violence. 2115 hours - La Quinta SET deputies arrested Nicholas Ulsh and Alexis Tveit in the 81100 block of Pindo Dr, Indio as the result of a theft investigation involving the two suspects. Tveit was also found to be in possession of heroin at the time of arrest. 2218 hours- Deputy Kibbey responded to the 50600 block of Eisenhower Drive in reference to a domestic disturbance and arrested William Sumpter for domestic battery. 12/19 Saturday 0005 hours — Deputy Martinez conducted a traffic stop at Desert Club and Calle Tampico. Colette Stanley was arrested for DUI. and was booked into the Indio Jail. 0208 hours — Deputy Davis conducted a traffic stop at Washington St and Fred Waring Dr. Keith Butts was arrested for DUI and was booked into the Indio Jail. 1600 hours- Deputy Anderson conducted a traffic stop at Avenue 50 and Madison Street and arrested Jack Hubert for DUI. 1937 hours -Deputy Anderson conducted a traffic stop at Avenue 48 and Washington Street and arrested • Mandy Gutman for DUI. 228 2002 hours — Sergeant Devinny stopped a wrong -way driver at Jefferson and Fred Waring. Daria Adams • was arrested for DUI. 2100 hours- Deputy Jauert responded to the 78700 block of Hwy. I I I in reference to two subjects fighting. Juan Lopez and Javier Lopez were arrested for public intoxication and booked at the Indio Jail. 2342 hours — Deputy Miller conducted a traffic stop at Eisenhower and Sinaloa. Vincent Robinson was arrested for DUI. 12/20 Sunday 0123 hours — Deputy Davis arrested Andres Montemayor for violation of a restraining order that occurred in the 51600 block of Avenida Alvarado. He was booked at the Indio Jail. 1445 hours — La Quinta SET Deputies contacted Preston Greer who was standing in front of Marshalls Department Store. Greer was arrested for being under the influence of suspected heroin and booked into the Indio Jail. 1523 hours- Deputy Berry responded to the 43600 block of Verona Ct. to a domestic disturbance. Andrew Joseph Strong was arrested and booked for misdemeanor domestic violence. 12/21 Monday 1547 hours- Deputy Chancellor conducted a pedestrian check on Highway I I I at Dune Palms. Velia Collins was arrested and booked for being under the influence of a controlled substance. 12/22 Tuesday • 0057 hours — Deputy Davis made a traffic enforcement stop at Calle Tampico and Washington. Juan Vargas was arrested for DUI. 1510 hours- Deputies responded to the 79300 block of Camino Del Oro regarding an assault. Units arrived and arrested Nick Louis Caupain who had assaulted a female acquaintance. 1747 hours- Dep. Anderson responded to a reported DUI driver in the cove area. Perini Alice Buck was arrested for DUI and was booked into the jail. 12/23 Wednesday 0239 hours — Deputy Lewis responded to the 56100 block of PGA Blvd. regarding a report of suspicious circumstances. An adult male was found with a laceration to his head. He was extremely intoxicated and did not know what happened but believed he may have fallen. 0454 hours — Deputy Post responded to the 45400 block of Deerbrook Circle regarding a report of an assault. An adult female claimed an acquaintance assaulted her while she slept. 1638 hours: Deputy Ramos shot a dog while responding to a call in the 52300 block of Ave Juarez. He and other deputies were approaching the residence when a large dog attacked. No deputies were injured and the dog survived. 2008 hours- Deputy Newton responded to Wal-Mart regarding a shoplifter in custody. Valerie Wagner and a female juvenile were arrested for shoplifting. Wagner was booked into the Indio Jail and the juvenile was cited and released. 2034 hours- Deputy Krachman responded to Marshalls regarding a shoplifter in custody. Lynda Bravo was • arrested and booked for shoplifting. 229 • 12/24 Thursday 1500 hours- Deputy Newton responded to Wal-Mart reference a shoplifter in custody. Grace Cooney was arrested for shoplifting. 12/25 Friday 2335 hours — Deputy Davis conducted a traffic enforcement stop at Eisenhower Dr and Coachella Dr. Guillermo Valencia was arrested for DUI and was booked at the Indio Jail. 12/26 Saturday 0810 Hours: Dep. Fiebig investigated multiple thefts from vehicle in Lake La Quinta. Most of the vehicles were unlocked, with small items stolen. 12/27 Sunday 0023 Deputy Davis conducted a traffic stop at Washington x Avenue 52. Ernesto Reyes was arrested for driving under the influence of alcohol. 0038 Hours- Deputy Martinez was dispatched to a report of a possible DUI driver in the area of Hwy I I I x Adams. Deputy Martinez located the vehicle at Ave. 48 x Dune Palms. The pursuit of the vehicle terminated when the CHP spiked the vehicle on EB 10 at Eagle Mtn. Arrested for DUI, Felony Evading was Jon Anthony Sanchez. 0230 hours- Deputy Lee responded to the 79100 block of Latigo Circle regarding an attempted burglary. Julian Saucedo was arrested and booked into the jail. • 0301 hours — Deputy Martinez responded to JFK Hospital reference a male with multiple stab wounds. Further investigation revealed the victim had attended a party at the La Quinta Resort and had been involved in an altercation 1703 hours- Deputy Anderson investigated a report of the theft of a wallet near the La Quinta Senior Center. The victim walked to his parked vehicle when a male confronted him and demanded money. 12/28 Monday 1649 hours- Deputy Kibbey responded to the 52600 block of Avenida Diaz regarding a domestic disturbance. Isaac Rodriguez was arrested and booked for misdemeanor domestic violence. 1721 hours- SET Deputy Burgie responded to Target and arrested Christopher Ramirez for burglary. 12/29 Tuesday 0223 hours — Deputies responded to the 55-400 block of Laurel Valley regarding an assault. The victim stated that the suspect, Megan Stevens, confronted him about a personal matter. Stevens became agitated and assaulted the victim. Stevens was arrested and booked at the Indio Jail. 1450 hours- Deputy Vanderhoof responded to Wells Fargo Bank regarding an attempted fraud. Investigation revealed that the suspect, Queen Pomel, had attempted to cash a stolen check. Pomel was arrested for forgery and commercial burglary. She was booked into the Indio Jail. 12/30 Wednesday • 1220 hours - Deputy Ervin arrested Robert Seym Jr. for shoplifting at Kohl's. 230 • 1444 hours- SET Deputy Burgie responded COSCO and arrested Rebecca Hanson for shoplifting. 12/31 Thursday 1220 hours-- Dep. Ervin arrested Robert Seym Jr. for shoplifting at Kohl's. 1444 hours- Deputy Burgic responded COSTCO and arrested Rebecca Hanson for shoplifting. LJ 231 • CITY OF LA QUINTA Traffic Services Team Report December 2009 • Traffic Services Team Impaired Driver Checkpoint on Washington Street SIGNIFICANT ACTIVITY Overall public roadways collision activity has dropped 12.02% when compared with the same time frame in 2008. When all collision activity is counted, the residents and visitors throughout our city are enjoying a 10.61 % collision rate reduction. Due to an alarming increase in collision activity involving bicycles and pedestrians (accounting for 10% of all collisions within the city), Traffic Services increased safety enforcement programs throughout the months of November and December. Due to, in part, of this intensive focus, no reported collisions involving bicycles or pedestrians occurred during the month of December. violations that contribute to this collision type. La Quinta Traffic Services conducted two Impaired Driver Checkpoints during the month of December. These checkpoint operations removed seven drunk drivers from the streets of La Quinta in two nights. At the same time, Traffic Services fielded four proactive DUI saturation patrols within the city boundaries. Interestingly, the month of December was the only month during 2009 without a drunk driver related traffic collision. Overall, DUI collisions have stabilized throughout the city and receded 46.67% when compared with 2008. Always vigilant, Traffic Services will continue to • lengthen the strides developed by educational programs and increased saturation patrols. In keeping with all developing trends, La Quinta Traffic Services constantly shifts 232 its focus to address the leading causes of collisions within the city boundaries. City of La Quinta La Quinta Police Department Monthly Traffic Collisions Report • December 2009 Current Month New YTD Last YTD % Change Total T/C - Public Highway 22 322 366 -12.02% Fatal Collisions 0 0 3 -100.00% Number Killed 0 0 3 -100.00% Injury Collisions 2 65 79 -17.72% Number Injured 2 74 107 -30.84% Property Damage 20 257 284 -9.51% Type of Collision Hit 8 Run 3 55 54 1.85% Private Property 0 57 58 -1.72% Bicycle Collisions 0 17 6 183.33% Number Injured - Bicycle Collisions 0 11 5 120.00% Vehicle vs. Pedestrian 0 8 2 300.00% Alcohol Involved 0 24 45 -46.67% •Reports Taken By Patrol 19 312 333 -6.31 % Traffic 4 71 75 -5.33% 0 0 SRO 0 5 6 -16.67% Target Team 0 4 11 -63.64% DUTY UNKNOWN 0 1 4 -75.00% Detective 0 0 1 100.00% TOTAL REPORTS 22 379 424 -10.61% Counter Reports % DUI Arrests 24 225 204 10.29% Investigations Assigned Last YTD This YTD Closed Open Hit and Run Primary Collision Factors Number % Total Unsafe Speed 10 45.45% Auto R/W Violation 6 27.27% Unsafe Lane Change 4 18.18% Unsafe Starting or Backing 1 4.55% proper Turning 1 4.55% 233 Deputy Adonis Glasper Deputy Chris Frederick Deputy Jason Chancellor Sgt. Mark Hoyt CITY OF LA QUINTA Special Enforcement Team December 2009 Summary of Activity Deputy Joshua Reinbolz Deputy Claudia Rodriguez Deputy Shaun Hughes Deputy Christian Bloomquist Type of Act ivit # of Incidents Type of Activity # of Incidents Programs 2 Weapons Recovered 0 Vehicle Checks/Stops 62 Arrest Warrants Served 21 Pedestrian Checks 53 Search Warrants 4 Follow-ups 27 Parole Searches 15 Citations Issued 15 Arrests/Filings 19 SIGNIFICANT ACTIVITY • SET Team deputies and the Riverside County Special Investigations Bureau served a search warrant in Avenida Martinez. The suspect was not at the location at the time of the service, however, SET Team members located the suspect at the location on the following day and arrested him for violation of probation. La Quinta SET deputies and patrol deputies responded to the Watermark Villas in response to a report of a theft in progress. SET deputies detained two suspects who were stealing copper wiring from the vacant building. A search warrant was obtained and several pieces of copper wire were located in the suspect's truck. Both suspects were arrested for copper theft, burglary and possession of burglary tools. SET deputies responded to a report of a suspicious person in a vehicle on Marguerite Court. Twc subjects were contacted and questioned. Investigation led to the discovery of several stolen items in the rear seat of the vehicle. It was determined that two unreported burglaries had taken place on Marguerite Court and Herrings Way. Both suspects were arrested and booked into jail. A search warrant was served at the home of the suspects where additional stolen property was located, associated with a past burglary in La Quinta. • Investigating a theft on Calle Chillon, SET deputies obtained an arrest warrant for two suspects. Additional information led SET deputies to an address in the City of Indio where both suspects were located and arrested. One of the two suspects was also found to be in possession of heroin. 234 M CITY OF LA QUINTA Business District Deputy Report December 2009 Deputy Prezell Burgie ziummary ACUVIFY Type of Activity Number Business Management Contacts 18 Investigations 15 Suspects Arrested / Charged 10 SIGNIFICANT ACTIVITY Working in partnership with the La Quinta Police volunteers, patrol and Special Enforcement Team deputies, we conducted an intense patrol program throughout the business community as the number of individuals significantly increased in our businesses and parking lots during the holiday season. Increased patrol, as well as bicycle patrol, Segway patrol, undercover vehicles and drone vehicles were utilized to deter criminal activity. To reflect the ever -changing techniques used by shoplifters to steal merchandise, I conducted training on the the latest crime trend of shoplifters disarming "spider wrap alarms" placed on high end merchandise. A concerned La Quinta citizen called the police reference a suspicious occupied vehicle in their neighborhood. I responded and contacted two subjects and observed electronics and Christmas presents in their vehicle. During this time, dispatch advised of two residential burglaries that just occurred in the area. The property in the vehicle was positively identified by one of the victims. I interviewed the subjects and obtained a full confession. I authored a property related search warrant at the subjects residence and located property taken from a third residential burglary that occurred in La Quinta. The subjects were booked into jail. O1 responded to a commercial burglary in progress at a department store. Two subjects had concealed merchandise inside a back pack. When the subjects exited the store, they attempted to flee in a vehicle. The subjects were stopped and the merchandise was recovered and returned. The subjects were arrested and booked into jail. 235 11 0 Deputy Kevin Moore La Quinta High School CITY OF LA QUINTA School Resource Officer Report December 2009 Summary of Activity Type of Activity Number of Incidents Criminal Reports 11 Parking Citations 4 Home Visits 2 Business Checks 3 Traffic Citations 17 Vehicle Checks 10 Pedestrian Checks 20 Follow -Up 3 Traffic Stops 18 DA Filings 4 Bicycle / Segway Patrol Miles 5.9 Truancy Citations 12 Received information that a student stated that he was going to make a bomb and he had the "stuff' to do it. I conducted an investigation and, with his mother's consent, searched his bedroom. I did not find anything that indicated he was in the process of making a bomb. I investigated a report that an unidentified male, driving a green sport utility vehicle, had brandished a firearm at a student. The purported event was said to have happened near the campus and after school hours. Investigation is continuing at this time. Two students were charged with sending pornographic materials after sexually explicit photographs were observed on one students cell phone. Performed an after -school home visit in an effort to determine why a student was not attending classes. No criminal charges have been filed against the parent at this time and the investigation is continuing. Conducted RADAR speed enforcement on the roadways surrounding L.Q.H.S. I have concentrated on enforcement and citations related to jaywalking students. It is my goal to promote use of sidewalks and prevent vehicle versus student collisions. 236 • • Deputy Thomas Hendry Summit H.S. Paige M.S. Horizon O.S. CITY OF LA QUINTA School Resource Officer Report December 2009 Summary of Activity Type of Activity Number of Incidents Reports 9 YAT Referral 1 Out of Custody Filings 11 Pedestrian Checks 1 Truant 1 Charges were filed out of custody on three students for possession of a knife on campus. Two of the students were in possession of knives with locking blades and the third student was in possession of a steak knife with blade longer than 2.5 inches. A student at Summit High School was found in possession of spray paint can tips, paint markers and a notebook with graffiti exemplars. Charges were filed out of custody for being in possession of vandalism tools. A camera was stolen from a Colonel Mitchell Paige art class. An investigation was conducted and the camera and suspect were located. Theft charges were filed against the student who stole the camera. Possession of stolen property charges were filed against the student found in possession of the camera. A student at Summit High School was found to be in possession of marijuana. Charges were filed out of custody against the student. As the result of a disturbing the peace incident, one student was battered by another. In the aftermath, one student's father became involved and threatened to follow another student home and batter the father of that student. Charges were filed for disturbing the peace, battery and for annoying or molesting a child. I received informaton of a student distributing an unknown prescription on campus. After an investigation, it was learned that a female student brought Methadone to school and gave it to several of her friends which resulted in them becoming ill. An incorrigible juvenile report was submitted to Riverside County Juvenile Probation. 2V • La Quinta MS Franklin E.S.. Truman ES Adams ES CITY OF LA QUINTA School Resource Officer Report December 2009 Deputy Rebecca Smith Summary of Activity Type of Activity Number of Incidents Reports 9 Arrests 6 City Park Area Checks 2 Parking Citations 1 Truancy Citations 0 Vehicle Checks 2 Follow-up / Public Assist 3 Pedestrian Checks 17 Y.A.T. Referral 5 Traffic Citations / Traffic Stops 4 District Attorney Filings 1 Business Checks 2 Home Visits 1 On December 16th. I contacted a student who I believed was involved in several acts of vandalism in the city and specifically in the area near the Ralph's Market located on Calle Tampico. The juvenile consented to a search of his property and I located multiple "slap tags" and other graffiti tools. The juvenile confessed that he had placed the "slap tags" in numerous locations and had provided other students with the graffiti tools as well. He was arrested and released to his parents. The case was sent to Juvenile Probation for further action. On December 18th. I was at Adams elementary School for their annual Christmas canned food drive in support of the La Quinta Police Departments annual Toy Drive. A school administrator advised me that they had information regarding a fifth grade student on campus and in possession of illegal narcotics. I contacted the male juvenile and he consented to a search. I located marijuana on his person. He was arrested and released to his mother. The case was sent to Juvenile Probation for further action. 238 M CITY OF LA QUINTA Community Service Officer Report December 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 Activity Type of Activit Number of Incidents Bur lary Investigations 4 Grand Theft Reports 2 PettyTheft Reports 6 Vandalism/Malicious Mischief Reports 11 Traffic Collision Response 22 Vehicle Code or Parking Citations 96 Abandoned Vehicles Tagged/WarningTagged/Warning 1 Towed Vehicles 0 Lost or Found Property Reports 4 Stolen Vehicle Report 1 Custodial / Non -Custodial Transport 36 Miscellaneous Calls 101 to... 239 N Danese Maldonado Volunteer Coordinator CITY OF LA QUINTA Citizens On Patrol Community Policing Office Monthly Volunteer Report December 2009 Summary of Activity Community Policin Office Number Citizens On Patrol Number Monthly Volunteer Hours 149 Traffic Control / Collision 0 Hours Y.T.D. 1,901 Business Checks 22 Hours 4/03 to Present 17,765 Community Events 1 CPO Monthly Visits 130 Courtesy Notifications 14 CPO Y.T.D. Visits 1,288 Miscellaneous Activity 1 CPO Visits 4/03 to Present 15,983 Neighborhood Patrol 18 Vacation Checks 5 Patrol Hours 99.5 Y.T.D. Patrol Hours 925 Hours 7/06 to Present 4,540 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: $45,894.00. Total savings since 2003: $362,233.00. 2009 Year End Highlights 1. Office volunteers entered 3,000 citations into the Crossroads database. 2. Citizens on Patrol members assisted at four DUI checkpoints. 3. Volunteers assisted with traffic control at the Bob Hope, La Quinta Arts Festival and the Blues and Brews events. 4. Family health issues led to the retirement of volunteer Bob Sharman after five years of service. 5. Volunteers worked extensively in support of the annual Christmas Toy Drive with more than O three hundred children receiving new toys for Christmas. 6. As 2009 came to a close, there were sixteen active volunteers serving their community and there were five applicants being processed to join the volunteer team. 7. Volunteer team members were happy to host students from Adams Elementary School at the community policing office for a tour and police vehicle display. 1 '� 4 (� p.., Corporal David Perez CITY OF LA QUINTA Post 503 Explorer Report Dec-09 Post 503 Explorers and Staff at Knott's Berry Farm The hardworking Post 503 Explorers earned a weekend outing at Knott's Berry Farm. Post 503 1 team members have been working extremely hard as they have assisted at numerous business and community events. It was a well deserved outing for the Explorers. There were no major glitches and everyone had a lot of fun. Thanks again to the hard working team members of Post 503. Post 503 members are continuing their intense training in preparation for the 2010 Chandler, Arizona Police Explorers Competition which takes place in January. Assisted in their training by Sgt. Roggeveen and Dep. B. Anderson, the Post 503 members look like they will be well prepared for the competition. During the month of December, Post 503 members were kept busy as they carried out assigned ies at two Coachella Valley events. 1. December 11 - 13 team members assisted as needed at the tribal Pow Wow held at a local casino. 2. December 16 team members conducted parking duties at a major valley concert. e Explorer program offers law enforcement career education for young people 14 years of age ust have completed 8th grade.) to age 20. Explorer team members must maintain a minimum a "C" average in their studies in order to participate in the program. O IFor additional information, or to apply for membership, call 760-863-8990 and ask for Corporal Ruben Perez. 241 Department Report: 11 • LA Ul TA P@-LICE Served by the FJuerside County Sheriffs Deparonent Crime Statistics Summary November -- 2009 Prepared for ,.�. 242 • 10 11 12 13 11 CITY OF LA QUINTA Crime Comparison -- November CRIME November November YTD YTD 2009 2008 2009 2008 AGGRAVATED ASSAULTS 5 2 58 51 BURGLARY 53 73 515 509 BURGLARY -VEHICLE 8 41 228 231 DOMESTIC VIOLENCE 18 8 157 151 HOMICIDE 0 0 1 1 NARCOTICS VIOLATIONS 26 19 245 208 ROBBERY 1 2 21 31 ROBBERY - CAR JACKING 0 0 0 0 SEX CRIME FELONY 3 3 53 36 SEX CRIME MISDEMEANOR 1 2 22 15 SIMPLE ASSAULTS 10 6 70 93 THEFT 67 68 757 694 VEHICLE THEFT 5 10 76 115 CITY OF LA QUINTA Average Response Time -- November 2009 TYPE OF CALL RESPONSE TIME (MINUTES) NUMBER OF INCIDENTS EMERGENCY 4.27 1 ROUTINE 7.4 1,206 Data from Riverside Co. Sheriffs Department Data Warehouse, Average Response Time Report. 0 24%) 0 • 0 Crime Distribution Table Nov-09 % of Total Nov-08 % of Total 1 AGGRAVATED ASSAULTS 5 2.54% 2 0.85% 2 BURGLARY 53 26.90% 73 30.93% 3 BURGLARY -VEHICLE 8 4.06% 41 17.37% 4 DOMESTIC VIOLENCE 18 9.14% 8 3.39% 5 HOMICIDE 0 0.00% 0 0.00% 6 NARCOTICS VIOLATIONS 26 13.20% 19 8.05% 7 ROBBERY 1 0.51% 2 0.85% 8 ROBBERY - CAR JACKING 0 0.00% 0 0.00% 9 SEX CRIME FELONY 3 1.52% 3 1.27% 10 SEX CRIME MISDEMEANOR 1 0.51% 2 0.85% 11 SIMPLE ASSAULTS 10 5.08% 6 2.54% 12 THEFT 67 34.01 % 68 28.81 % 13 VEHICLE THEFT 5 2.54% 10 4.24% Total 197 97.46% 236 98.31% CITY OF LA QUINTA November 2009 Crime Distribution so 67 70 53 60 50 40 26 30 210 0oi a �an 0 0 a 0a0 a m = mx �t7Nma �c,r-i=3rom 9y> nMr O_ mX a � m a m o a 0m 244 • • so 70 60 s0 40 30 20 10 0 Month to Month Crime Comparison November r 1 9 W W C O x < Z A A > --1 9A o xn m� r' >� m >m o" �x cb n c< -20 a �a ZA m h n z x A A y Year to Date Crime Comparison November D W W <0 x <Z A A N K Y �1 < D� <[ 0 0 pD 0 0 mk 7y uN W m Dy O� !1 Y0 0� 0k tCD'R yy A m � m n 1 00 2 < <K rn Rr Rr z z d D Om © November2009 13 November 2008 245 3,500 3,000 2,500 2,000 1,500 1,000 500 0 • 35,000 30,000 25,000 20,000 15,000 10,000 5,000 O • Month to Month Calls for Service Comparison November 2009 ❑ Nov-09 ❑ Nov-08 Total Non -Criminal Criminal Year to Date Calls for Service Comparison 31,452 27,737 ,r 17,209 — - 4�479i c 3-4 1. p Total Non -Criminal Criminal ❑ YTD 2009 0 YTD 2008 246 a ,�F`6RNIA DEP �Ll5vty &FIRE 0 m wIRE 4CE 1885 a RIVERSIDE COUNTY FIRE DEPARTMENT IN COOPERATION WITH THE CALJFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION John R. Hawkins - Fire Chief 210 West San Jacinto Avenue - Perris, CA 92570 (951) 940.6900 - www.rvcfire.org PROUDLY SERVING THE UNINCORPORATED AREAS January 5, 2010 OF RIVERSIDE COUNTY AND THE CITIES OF. Honorable Mayor Adolph Members of the City Council BANNING City of La Quinta P.O. Box 1504 BEAUMONT La Quinta, CA 92253 CAUMESA Ref: Quarterly Report CANYON LAKE COACHELLA Attached please fmd the Fire Department Quarterly Report for the City of La Quinta for October DESERT HOT SPRINGS 1", 2009 through December 31, 2009. The report depicts the following highlights: INDIAN WELLS Riverside County Fire Department units responded to the following La Quinta Calls: INDIO LAKE ELSINORE • Medical Emergency 511 • False Alarms 92 LA QuINTA • Structure Fires 6 MENIFEE • Vegetation Fires 0 MORENO VALLEY • Rescues (accidents, entrapments) 48 • Other Fires (vehicle, refuse, etc.) 18 !A DESERT • Public Service Assists 32 PERRIS (Non -emergency assistance) RANCHO MIRAGE • Fire Menace Standby 12 (Fuel spill, Haz Mat calls, gas leak etc.) RuBIDOux CSD SAN JACINTO As you review this quarter's statistics, you will note that the numbers show a slight increase TEMECULA from the 3'd Quarter 2009 reports. This increase would be most likely due to the annual returning of residents and visitors to the community. WILDOMAR I have also included a comparison graph showing the total responses during 2008 and 2009. You will note a decrease in emergency activity of approximately 5 %. Medical Emergencies and BOARD OF Vegetation Fires saw a slight increase between years. All other types of responses showed SUPERVISORS: decreases, BOB BUSTER DISTRICT I A summary of activities' within the city during the last quarter of 2009 JOHN TAVAGUONE DISTRICT 2 • PUBLIC EDUCATION / RELATIONS JEFF STONE DISTRICT 3 • October was Fire Prevention month. Battalion personnel conducted Fire Prevention JOHN BENOIT education programs to all elementary schools within the City. DISTRICT 4 • Annual "Spark of Love" Toy drive concluded on December 20. All three fires MARION A DISTRICT 5 stations collected hundreds of toys that were provided to under privileged children . i from the community. Page 1 of 2 248 • EMERGENCY OPERATIONS The last quarter of the year saw damaging structures within the City. One involved a :1. < 111LVQ,IQ December 15, 2009 51000 BLK Avd Montezuma One unit of a duplex destroyed, one unit saved. One family displaced. • Personnel from the city and surrounding Battalions completed a live fire training exercise in November. During this exercise Firefighters were able to practice Rescue, Suppression, Ventilation and several other tasks in a controlled environment utilizing live fire. November 16, 2009 Battalion Firefighters conducting Live Fire Training Respectfully Submitted, John R. Hawkins County Fire Chief By: -- Pete Blakemore Battalion Chief Page 2 of 2 249 La Quinta city Fire Responses Quarter Totals ,al Responses ■ False Alarms ■ Structure Fire ® Vegetation Fires O Rescues ■ Other Fires ■ Public Service Assists ■ Fire Menace Standby October-09 November-09 December-09 Totals Medical Responses 177 159 175 511 False Alarms 36 24 32 92 Structure Fire 3 1 2 6 Vegetation Fires 0 0 0 0 Rescues 18 16 14 48 Other Fires 6 3 1 9 18 Public Service Assists 8 11 13 32 Fire Menace Standby 2 2 8 12 TOTALS 250 216 253 719 250 671I9 200 m 0 La Qulbmta city Fire ]Responses Quarterly Totals Qu,art�rly C�n�E•�ari�;c�r�� ❑ 2009 ❑ 2008 oe fro es se e-> 0 s ''s es 2 e des 9ss's�o fs a6L Fourth Quarter 2009 2008 Medical Responses 511 514 False Alarms 92 120 Structure Fire 6 9 Vegetation Fires 0 0 Rescues 48 41 Other Fires 18 13 Public Service Assists 32 46 Fire Menace Standby 12 20 TOTALS 719 763 rnrz010 251 4k1 m12010 ffim Qti i ntt& city Fire Responses Quarterly Totals Yt-�,arly ConiE•��ari��l�� 132009 ❑ 2008 'AL cd j,Q �d 4G,0A rdGO OI,�oS s� s G6; s 2; sirs �p6y Yeady Totals 2009 2008 Medical Responses 2037 2012 False Alarms 320 378 Structure Fire 22 36 Vegetation Fires 8 2 Rescues 186 225 Other Fires 49 56 Public Service Assists 119 145 Fire Menace Standby 40 65 TOTALS 27a1 2919 252 La�� Q•c OF T1'9w COUNCIL/RDA MEETING DATE: January 19, 2010 ITEM TITLE: Public Hearing to Consider Adoption of Resolutions Approving a Third Extension of Time for Conditional Use Permit 2003-074 and Site Development Permit 2003-762 a Senior Retirement Community Consisting of Independent Living Units, Assisted Living Units, and Extended Care on 14± Acres Located at the Northeast Corner of Washington Street and Avenue 50. Applicant: WSL La Quinta, LLC C/O West Living LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: _ PUBLIC HEARING: Adopt a Resolution of the City Council approving an extension to Conditional Use Permit 2003-074, subject to Findings and Conditions of Approval; Adopt a Resolution of the City Council approving an extension to Site Development Permit 2003-762, subject to Findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: General Plan Designation and Zoning of Site Medium -High Density Residential 253 Surrounding Zoning and Land Uses North: RM / single-family residential South: RM and FP / vacant and drainage channel East: FP / drainage channel West: RL / single-family residential Environmental Consideration This project has been assessed in conjunction with Environmental Assessment 2003- 470 prepared for this project for which a Mitigated Negative Declaration was certified on December 7, 2004. No changed circumstances or conditions are proposed, nor has any new information been submitted which would trigger the preparation of a subsequent environmental review in accordance with Section 15162 of the Guidelines for Implementation of the California Environmental Quality Act. General The applicant has applied for a third one-year extension of time for a senior retirement community located on the northeast corner of Washington Street and Avenue 50, originally approved on December 7, 2004 (Attachment 1). The first one-year extension was approved by the City Council, subject to Conditions on September 18, 2007 and extended the approval to September 18, 2008. The second extension request was approved on October 7, 2008 (Attachment 2). A third extension request was submitted on September 22, 2009. This extension, if approved, will extend the approval to September 18, 2010. The original project, approved in 2004, was for the northeast and southeast corners of Washington Street and Avenue 50. At the time of the first time extension request, the project area was revised to include only the northeast corner, with the southeast corner allowed to expire. In 2004, the applicant was granted several entitlements to allow this project. A Specific Plan was approved to address the project design criteria and development standards. In order to accommodate the project, a General Plan Amendment and Zone Change was approved. The 14 acre site was changed from Low -Density Residential (up to 4 dwelling units per acre (du/ac)) to Medium -High Density Residential (up to 12 du/ac). The facility was approved via a Conditional Use Permit and Site Development Permit. Since approval of the first extension in September 2007, no plan checking for the project has occurred and ownership of the property has changed since the last extension. As part of the application, the new property owner has submitted a letter requesting this third time extension for their SDP and CUP applications (Attachment 3)• Mr. John Rimbach, Manager of WSL La Quinta, LLC notes that the project has been 254 delayed because of the state of the economy and its effect on the credit market and housing prices. Mr. Rimbach notes that there is a need for this type of senior housing project in the City on this site. He also notes that there is a need to make some revisions to the approved plans and those will be submitted in the near future for consideration. Project Description The approved project is a full -service retirement community complex consisting of 166 independent living units, 20 assisted living units, 18 dementia care beds and 20 skilled nursing beds (Attachment 4). Site Development Permit Extension The approved project consists of three structures including a 135,000+ square foot two-story building on the west half of the site that will house the independent living units and facility administrative offices (Attachment 4 — sheet A1.1). The skilled nursing beds will be in a separate 17,500+ square foot one-story building near the southeast corner of the site, with a 18,500+ square foot two-story assisted living units and dementia beds in a separate building in the northeast corner of the site. These two buildings will be connected by a covered walkway. All buildings have the exterior appearance of a condominium or small hotel complex (Attachment 4 — sheets A2.6 to A2.1 1 and A3.3). The design theme of the buildings is based on a combination of early traditional Mediterranean, California Mission, Spanish, and Southwest designs. The building uses both flat and sloped tile roofs with roof wells for air conditioning equipment. Some rooms will have balconies or trellises or tile "eyebrows" over first floor windows. Additionally, the accents on the building walls and a first floor wainscot treatment around the building will be provided. Roof tiles will be a red blend "S" style with plaster walls in creme to light gold color. Wood trim will be dark brown with black railings. Windows will consist of a combination of paned and un-paned glass. Conditional Use Permit Extension The Medium -High Residential District (RMH) requires a CUP for this type of land use. The applicant is requesting an extension of the original permit to allow use of the senior retirement community on the project site. Uses of this nature require licensing from various State of California agencies to operate the project. Revisions to Conditions of Approval Several Conditions of Approval have been amended to identify current standards and procedures of the Public Works. The most significant amendment to the L. J recommended Conditions of Approval for the Site Development Permit is the addition of Condition No. 9B. This new condition requires that the required street dedication for Washington Street and Avenue 50 be made to the City within 60 days following approval of this time extension. The proposed changes are bolded and with deleted conditions lined out in the recommended Conditions of Approval. Public Notice This request was advertised in The Desert Sun newspaper on, January 8, 2010, and mailed to all property owners within 500 feet around the project boundaries. As of this writing, no new correspondence has been received. Any comments received will be handed out at the meeting. FINDINGS AND ALTERNATIVES: The Findings needed to approve time extensions to the Conditional Use Permit and Site Development Permit can be made as noted in the attached Resolutions. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving extension #3 for Conditional Use Permit 2003-074 to September 18, 2010, subject to Findings and Conditions of Approval; and Adopt a Resolution of the City Council approving extension #3 for Site Development Permit 2003-762 to September 18, 2010, subject to Findings and Conditions of Approval; or 2. Do not adopt Resolutions of the City Council approving the extensions; or 3. Provide staff with alternative direction. Respectfully4bmitted, n, Planning Director Approved for submission by: Thomas P. Genovese, City Manager 256 Attachments: 1 . Location map 2. Excerpt of minutes for the City Council meeting of October 7, 2008 3. Letter from West Living LLC dated December 2, 2009 4. Previously approved plan exhibits (Council only) 257 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A THIRD TIME EXTENSION TO A CONDITIONAL USE PERMIT FOR A SENIOR RETIREMENT COMMUNITY LOCATED AT THE NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50 CASE NO.: CONDITIONAL USE PERMIT 2003-074, EXTENSION #3 WEST LIVING LLC WHEREAS, the City Council of the City of La Quinta did on the 191h day of January, 2010, hold a duly noticed public hearing to consider the request of West Living LLC for approval of a one-year extension of time for a Conditional Use Permit to allow a senior retirement community complex, on 14± acres on the northeast corner of Washington Street and Avenue 50, more particularly described as: APN 646-070-013 WHEREAS, the City Council of the City of La Quinta did on the 71h day of December, 2004, hold a duly ,noticed public hearing and approve by adoption of Resolution 2004-151, the request of Pacific Retirement Services and Westport La Quinta, L.P. for approval of a Conditional Use Permit to allow a senior retirement community complex; and WHEREAS, the City Council of the City of La Quinta, California did, on the 18`h day of September, 2007, hold a duly noticed Public Hearing and approve by adoption of Resolution 2007-088, a first one-year time extension as requested by Westport La Quinta, L.P. for the Conditional Use Permit for the project; and WHEREAS, the City Council of the City of La Quinta, California did, on the 71h day of October, 2008, hold a duly noticed Public Hearing and approve by adoption of Resolution 2008-062, a second one-year time extension as requested by Westport La Quinta L.P. for the Conditional Use Permit for the project; and WHEREAS, the La Quinta Planning Department has determined that the request has been assessed in conjunction with Environmental Assessment 2003-470 prepared for this project for which a Mitigated Negative Declaration was certified on December 7, 2004. No changed circumstances or conditions are proposed nor has any new information been submitted which would trigger the preparation of a subsequent environmental review in accordance with Section 258 Resolution No. 2010- Conditional Use Permit 2004-074, Extension #3 West Living LLC Adopted: January 19, 2010 Page 2 15162 of the Guidelines for Implementation the California Environmental Quality Act; and WHEREAS, the Planning Department did publish a public hearing notice for this request in The Desert Sun newspaper on January 8, 2010, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, at said public hearing upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find that the circumstances of the project as noted in the following facts and reasons justify approving said Conditional Use Permit time extension: 1. The property is designated Medium -High Density Residential which conditionally permits the senior retirement community. Additionally, the project as approved provides adequate perimeter landscaping, setbacks and acceptable architectural design pursuant to Image Corridor General Plan policies. 2. This project has been designed to be consistent with the provisions of the Zoning Code and applicable Specific Plan. 3. The La Quinta City Council has certified Environmental Assessment 2003- 470 and based upon this Assessment the project will not have a significant adverse effect on the environment provided the mitigation measures are complied with. 4. The site design of the project as approved is appropriate for the use in that it has been designed to minimize the impacts to the adjacent residential uses and from the major Arterials to the west and south. 5. The applicant indicates they are continuing to progress toward development of the 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 correct and constitute the findings of the City Council in this case. 259 Resolution No. 2010- Conditional Use Permit 2004-074, Extension #3 West Living LLC Adopted: January 19, 2010 Page 3 2. That it does hereby approve the above -described Conditional Use Permit time extension to September 18, 2010, 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 19' day of January, 2010, 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) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 1• 260 CITY COUNCIL RESOLUTION NO. 2010- CONDITIONS OF APPROVAL — RECOMMENDED CONDITIONAL USE PERMIT 2003-074, EXTENSION NO. 3 WEST LIVING LLC ADOPTED: AFNFRAI_ 1. The use of the subject property for a congregate care facility (senior retirement community complex) shall be in conformance with the approved exhibits and conditions of approval contained in Conditional Use Permit 2003-074 Extension #3, Specific Plan 2004-071, Site Development Permit 2003-762 Extension #3 and Environmental Assessment 2003-470, unless otherwise amended by the following conditions. 2. The Conditional Use Permit shall expire on September 18, 2010 and shall become null and void in accordance with La Quinta Municipal Code Section 9.220.020, unless a building permit has been issued. A time extension may be requested per LQMC Section 9.200.080. 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 Conditional Use Permit. 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. End of conditions .. 2G1 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A THIRD TIME EXTENSION FOR DEVELOPMENT PLANS FOR A SENIOR RETIREMENT COMMUNITY ON 14± ACRES LOCATED ON THE NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50 CASE: SITE DEVELOPMENT PERMIT 2003-762, EXTENSION #3 WEST LIVING, LLC WHEREAS, the City Council of the City of La Quinta, California did, on the 19`h day of January, 2010, hold a duly noticed Public Hearing to consider a request by West Living, LLC for approval of a one-year extension of time for a Site Development Permit to allow a senior retirement community complex, on 14± acres on the northeast corner of Washington Street and Avenue 50, more particularly described as: APN 646-070-013 WHEREAS, the City Council of the City of La Quinta, California did, on the 7`" day of December, 2004, hold a duly noticed Public Hearing and approve by adoption of Resolution 2004-153, a request by Westport La Quinta, L.P. for approval of a Site Development Permit to allow a senior retirement community complex; and WHEREAS, the City Council of the City of La Quinta, California did, on the 181" day of September, 2007, hold a duly noticed Public Hearing and approve by adoption of Resolution 2007-089, a first one-year time extension as requested by Westport La Quinta, L.P. for the Site Development Permit for the project; and WHEREAS, the City Council of the City of La Quinta, California did, on the 7`h day of October, 2008, hold a duly noticed Public Hearing and approve by adoption of Resolution 2008-063, a second one-year time extension as requested by Westport La Quinta, L.P. for the Site Development Permit for the project; and WHEREAS, the La Quinta Planning Department has determined that the request has been assessed in conjunction with Environmental Assessment 2003-470 prepared for this project for which a Mitigated Negative Declaration was certified on December 7, 2004. No changed circumstances or conditions are proposed nor has any new information been submitted which would trigger the preparation of a subsequent environmental review in accordance with Section Resolution No. 2010- Site Development Permit 2003-762, Extension k3 West Living LLC Adopted:January 19, 2010 Page 2 15162 of the Guidelines for Implementation the California Environmental Quality Act; and WHEREAS, the Planning Department published a public hearing notice for this request in The Desert Sun newspaper on January 8, 2010, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, at the Public Hearing upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said City Council did make the following Mandatory Findings to justify approving said Site Development Permit time extension: 1. The property is designated Medium -High Density Residential which conditionally permits the senior retirement community. Additionally, the project as approved provides adequate perimeter landscaping, setbacks and acceptable architectural design pursuant to image corridor General Plan policies. 2. The proposed buildings are designed to comply with the Zoning Code and Specific Plan requirements, including, but not limited to height limits, parking, setbacks, lot coverage, and signs. 3. The La Quinta City Council has certified Environmental Assessment 2003- 470 and based upon this Assessment the project will not have a significant adverse effect on the environment provided the mitigation measures are complied with. 4. The architectural design of the project as approved, including, but not limited to the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements are compatible with the development and quality of design prevalent in the City. 5. The site design of the project, including, but not limited to project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements are compatible with development and the quality of design prevalent in the City. Resolution No. 2010- Site Development Permit 2003-762, Extension #3 West Living LLC Adopted:January 19, 2010 Page 3 6. Project landscaping, including, but not limited to the location, type, size, color, texture, and coverage of plant materials has been designed and conditioned to provide relief, compliment buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, provide an overall unifying influence, enhance the visual continuity of the project, and compliment the surrounding project area, ensuring lower maintenance and water use. 7. The building signs will comply and be consistent with the requirements and intent of the Zoning Code. 8. The applicant indicates they are continuing to progress towards development of the 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 correct and constitute the findings of said City Council in this case; and 2. That it does hereby acknowledge that Environmental Assessment 2003- 470 has determined that no significant effects on the environment have been identified which cannot be mitigated; and 3. That it does hereby approve a one year time extension to September 18, 2010 for Site Development Permit 2003-762, 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 La Quinta City Council, held on this 1 gth day of January, 2010, by the following vote: AYES: NOES: ABSENT: Resolution No. 2010- Site Development Permit 2003-762, Extension #3 West Living LLC Adopted:January 19, 2010 Page 4 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 City of La Quinta, California 265 CITY COUNCIL RESOLUTION NO. 2010- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION NO. 3 WEST LIVING 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 Site Development Permit. 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 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: • 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) • 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. 266 CITY COUNCIL RESOLUTION NO. 2010- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION NO. 3 WEST LIVING LLC ADOPTED: 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 (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)): 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 (� L`� CITY COUNCIL RESOLUTION NO. 2010- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003462, EXTENSION NO. 3 WEST LIVING LLC ADOPTED: 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. .M ..- .. .. ._ _ _ .. - .. 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. The developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the 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 to CITY COUNCIL RESOLUTION NO. 2010- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION NO. 3 WEST LIVING LLC ADOPTED: 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. 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. The applicant shall offer for dedication all public street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable site development permit, and/or as required by the City Engineer. 9. 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 for: Additional right of way is required on Washington Street north of Avenue 50 to provide for the realignment of Washington Street in order to construct dual left turn lanes for southbound Washington Street to eastbound Avenue 50 as approved by the City Engineer in the plan check process. a) North of Avenue 50, an additional variable right of way 263 CITY COUNCIL RESOLUTION NO. 2010- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION NO. 3 WEST LIVING LLC ADOPTED: dedication at the proposed primary project entry measured seventy six feet (76') east of the centerline of Washington Street and deceleration length of 248 feet plus a transition length of 150 feet to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS 2) Avenue 50 (Primary Arterial, Option B 100' ROW) — The standard 50 feet from the centerline of Avenue 50 for a total 100-foot ultimate developed right of way except an additional variable right of way dedication at the Secondary entries and at the Avenue 50 intersection with Washington Street measured sixty feet (60') north of the centerline of Avenue 50 and deceleration length of 248 feet plus a transition length of 150 feet to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. B. The applicant shall dedicate all public street rights -of -way as conditioned in Conditions 8 and 9. Said dedication shall be made within 60 days following the approval of SDP 2003-762 Extension #3 or as approved by the City Engineer. 10. The applicant shall retain for private use all private street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable site development permit, and/or as required by the City Engineer. 11. The private street right-of-ways to be retained for private use required for this development include: A. PRIVATE STREETS The applicant shall redesign private circulation streets measured at flow line to flow line to have 28 feet of travel width and on -street parking prohibited, 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 and approved by the Engineering Department prior to recordation. 12. 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. 13. Pursuant to these requirements, the Applicant shall include in the submittal packet containing the rough grading plans submitted for plan checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: 270 CITY COUNCIL RESOLUTION NO. 2010- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION NO. 3 WEST LIVING LLC ADOPTED: 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 right-of- ways shown on the approved Site Development Permit are necessary prior to approval of improvement dedicating such right-of-ways, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 15. The applicant shall offer for dedication a ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. 16. The applicant shall create perimeter landscaping setbacks along all public right-of- ways as follows: A. Washington Street (Major Arterial) - 20-foot from the R/W-P/L. B. Avenue 50 (Primary Arterial) — A minimum 20-foot from the R/W-P/L. Additional landscape easement is required along the northerly side of Avenue 50 between the roadway right of way and the property line. 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. 17. At locations where the onsite finished grade adjacent to the landscaped setback lot has an elevation differential with respect to the arterial street top of curb exceeding 11.0 feet, the applicant shall comply with, and accommodate, the maximum slope gradients in the parkway/setback area and meandering sidewalk requirements by either: 1) increasing the landscape setback size as needed, or 2) installing retaining walls between the sidewalk and the back of the landscaped area as needed. 18. 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. 19. Direct vehicular access to Washington Street and Avenue 50 from lots with frontage 2l1 CITY COUNCIL RESOLUTION NO. 2010- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION NO. 3 WEST LIVING LLC ADOPTED: along Washington Street and Avenue 50 is restricted, except for those access points identified on the Site Development Permit, or as otherwise conditioned in these conditions of approval. 20. 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. 21. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property after the date of approval of the Site Development Permit, unless such easement is approved by the City Engineer. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refers to persons currently certified or licensed to practice their respective professions in the State of California. 22. 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. 23. 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. Storm Drain Plans 1 " = 40' Horizontal Note: Submittal of A thru D to be concurrent. E. On -Site Non-Residential/Commercial Precise Grading Plan 1 " = 20' Horizontal F. Off -Site Street Plan 1 " = 40' Horizontal, 1 " = 4' Vertical •. 272 CITY COUNCIL RESOLUTION NO. 2010- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION NO. 3 WEST LIVING LLC ADOPTED: 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. H. On -Site Street/Signing & Striping Plan 1 " = 40' Horizontal, 1 " = 4' Vertical 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. 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. 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 "Site Development" plan is required to be submitted for approval by the Building Official and the City Engineer. '173 CITY COUNCIL RESOLUTION NO. 2010- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION NO. 3 WEST LIVING LLC ADOPTED: "On -site residential and commercial 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. 24. 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. 25. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 26. 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" 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 FOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. �14 CITY COUNCIL RESOLUTION NO. 2010- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION NO. 3 WEST LIVING LLC ADOPTED: IMPROVEMENT SECURITY AGREEMENTS 27. 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 including street, traffic signal and storm drain 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 on -site 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 completion of homes or 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. 28. 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, 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. 215 CITY COUNCIL RESOLUTION NO. 2010- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION NO. 3 WEST LIVING LLC ADOPTED: In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to issuance of any permit related thereto, reimburse the City for the costs of such improvements. 29. 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. 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 30. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 31. 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. 32. 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. 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. As previously submitted soils information submitted to the 27b CITY COUNCIL RESOLUTION NO. 2010- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION NO. 3 WEST LIVING LLC ADOPTED: Public Works Department regarding loose soil conditions encountered in the Site Development Permit area, the soils report shall be revised to address this issue and mitigation measures submitted for approval by the City Engineer. A statement shall appear on the applicable improvement plans 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. 33. 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. 34. 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. 35. 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. Pursuant to the aforementioned, the applicant is advised of the Coachella Valley Water District letter dated September 2, 2008 to the Planning Department requiring the development to have a finish floor elevation of 50.0 feet MSL. 36. Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments. 37. Prior to any site grading or re -grading that will raise or lower any portion of the site by site by more than plus or minus five tenths of a foot (0.5') from the elevations shown on the approved Site Development Permit Site Plan, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 211 CITY COUNCIL RESOLUTION NO. 2010- CONDITIONS OF APPROVAL -RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION NO. 3 WEST LIVING LLC ADOPTED: 38. 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. 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. 39. This development shall comply with LQMC Chapter 8.11 (Flood Hazard Regulations). If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6)• Prior to issuance of building permits for buildings which are so located, the applicant shall furnish elevation certifications, as required by FEMA, that the above conditions have been met. nRAINAGF 40. The tributary drainage area shall extend to the centerline of adjacent public streets. Nuisance water from landscaping and off and on -site streets shall be disposed of in a manner approved by the City Engineer. 41. If permitted by CVWD, when an applicant proposes discharge of storm water directly, or indirectly, into the La Quinta Evacuation Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge which may be required under the City's NPDES Permit or other City- or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The applicant is required to construct required discharge treatment Best Management Practice facilities per the NPDES Permit per Supplement A but at a minimum shall install a CDS Unit or equal system as approved by the City Engineer. The indemnification shall be executed and furnished to the City prior to the issuance of any grading, construction or building permit, and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative parcel map excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions for meeting these obligations. The 100-year storm water HGL shall be at 48 foot elevation ± or as determined by CVWD. Additionally, the applicant shall submit verification to the City of CVWD acceptance of the proposed discharge of storm water directly, or indirectly, into the La Quinta 278 CITY COUNCIL RESOLUTION NO. 2010- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION NO. 3 WEST LIVING LLC ADOPTED: Evacuation Channel with the initial submittal of storm drain improvement plans. 42. The applicant shall landscape the Coachella Valley Stormwater Channel along its easterly boundary of the project site as approved by CVWD. 43. If the development is not able to discharge storm or nuisance water from the project into the La Quinta Evacuation Channel, 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 failing 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. 44. 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. 45. 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. 46. 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. 47. No fence or wall shall be constructed around any retention basin unless approved by the Planning Director and the City Engineer. 48. 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 279 CITY COUNCIL RESOLUTION NO. 2010- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION NO. 3 WEST LIVING LLC ADOPTED: be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin. 49. 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). 50. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 51. 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. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 52. Since the preliminary rough grading plans previously submitted to the Public Works Department did not demonstrate how storm water would be adequately discharged into the La Quinta Evacuation Channel during major storm events resulting in possible flooding of the site, the applicant is hereby notified that future site modifications may be necessary including, but not limited to building and street reconfiguration and additional improvements to the existing drainage facilities. Verification of the proposed storm water retention system is subject to review and approval by the Coachella Valley Water District and the City Engineer. The Applicant shall revise what is currently proposed and make adjustments to the site layout as needed to accommodate the increased retention/detention or pass through capacity required to satisfy safety issues of the Public Works Department and CVWD. Pursuant to the aforementioned, the applicant may be required to construct additional underground and above ground drainage facilities to convey on site and off site stormwater as well as stormwater from the adjacent La Quinta Evacuation Channel that historically flows onto and/or through the project site. 53. The applicant shall install suitable facilities to prohibit access to the La Quinta Evacuation Channel along the easterly boundary to prohibit access to this right of way. Additionally, the applicant shall work with CVWD to construct a perpetual maintenance access to the La Quinta Evacuation Channel as required by CVWD and approved by the City Engineer. 230 CITY COUNCIL RESOLUTION NO. 2010- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION NO. 3 WEST LIVING LLC ADOPTED: UTILITIES 54. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 55. 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. 56. 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. 57. 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. STREET AND TRAFFIC IMPROVEMENTS 58. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 59. 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 project 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: 2$I CITY COUNCIL RESOLUTION NO. 2010- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION NO. 3 WEST LIVING LLC ADOPTED: a) The applicant shall construct a concrete bus stop pad, La Quinta bus shelter with night lighting equipped with bench and trash receptacle at the existing bus stop located on the northeast corner of Washington Street and Avenue 50. Bus turnout if required by Sunline Transit at the existing bus stop shall be provided. b) The deceleration/right turn only lane with bus turnout incorporated as part of the lane (if approved by SunLine Transit and the City Engineer) shall be provided on Washington Street at the north side primary entrance. At a minimum, the east curb face shall be located sixty four feet (64') east of the centerline and deceleration length of 248 feet plus a taper transition length of 150 feet or as approved on the Off -Site Street Improvement Plans. c) A dual left turn lane on southbound Washington Street at the Avenue 50 intersection. The east curb face shall be located fifty seven six (56') east from the centerline of Washington Street and for a length and transition as approved by the City Engineer. Other required improvements in the Washington Street right or 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) 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. f) An 18' - foot wide raised landscaped median on Washington Street north of Avenue 50 along the entire boundary of the Site Development Permit plus variable width as needed to accommodate the dual left turn lanes and installation of a median nose for the southbound Washington Street traffic turning east 282 CITY COUNCIL RESOLUTION NO. 2010- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION NO. 3 WEST LIVING LLC ADOPTED: on to Avenue 50. g) Establish a benchmark in the Washington Street right of way and file a record of the benchmark with the County of Riverside. h) Modify the existing traffic signal system at the Washington Street and Avenue 50 intersection for the abovementioned improvements. The applicant shall design and install modification of the existing traffic signal equipment and appurtenances as needed and approved by the City Engineer. 2) Avenue 50 (Primary Arterial — Option B; 100' R/W): Widen the north side of the street along all frontages adjacent to the Site Development Permit boundary to its ultimate width in the General Plan 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 urban arterial design standard. The north curb face shall be located thirty eight feet (38') north of the centerline, except at locations where additional street width is needed to accommodate: a) A deceleration/right turn only lane on Avenue 50 at the Avenue 50/Washington Street intersection. The north curb face shall be located forty eight feet (48') north of the centerline of Avenue 50 and deceleration length of 248 feet plus a taper transition length of 150 feet. b) A deceleration/right turn only lane on Avenue 50 at access driveway. The north curb face shall be located forty eight feet (48') north of the centerline of Avenue 50 and deceleration length of 248 feet plus a taper transition length of 150 feet. The above condition for a deceleration/right turn only lane at the Avenue 50 Residential Project Secondary Entry intersection is contingent on the applicant obtaining the additional right of way dedication from CVWD for said deceleration/right turn only lane at the residential project entry on Avenue 50. Other required improvements in the Avenue 50 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. 233 CITY COUNCIL RESOLUTION NO. 2010- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION NO. 3 WEST LIVING LLC ADOPTED: d) 8-foor 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 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 lit and approach 5 feet of the perimeter wall at intervals not to exceed 250 feet. e) A 12- foot wide raised landscaped median along the entire boundary of the Site Development Permit plus variable width as needed to accommodate for a left turn lane for the eastbound Avenue 50 traffic at the Project entry on the north side and for a left turn lane for westbound Avenue 50 traffic at the intersection of Washington Street and Avenue 50. B. PRIVATE STREETS 1) The applicant shall redesign private circulation streets measured at flow line to flow line to have 28 feet of travel width with on -street parking prohibited, 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 and approved by the Engineering Department prior to recordation. On the north site minimum four -foot wide sidewalks shall be constructed on the inside of the private circulation streets adjacent to the main buildings. 2) The primary entry for the north side property and porte cochere shall be redesigned to accommodate for possible stacking for functional activities and/or special occasion traffic to prevent back up onto Washington Street as approved by the City Engineer. If adequate stacking in the porte cochere is not achievable, a deceleration lane shall be installed on Washington Street. 3) The location of driveways of corner lots shall not be located within the curb return and away from the intersection when possible. C. KNUCKLE 1) Construct the knuckle to conform to the lay -out shown in the Site CITY COUNCIL RESOLUTION NO. 2010- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION NO. 3 WEST LIVING LLC ADOPTED: Development Permit, except for minor revisions as may be required by the City Engineer. D. DRIVEWAYS/INTERSECTIONS TO PUBLIC STREETS 1) All right -turn only street intersections shall have a splitter median island located in the side street that adequately channelizes the right -turn vehicles turning onto the arterial street to eliminate illegal left turns. The splitter island shall be designed in conformance with design concepts approved by the City Engineer. 60. 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. 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. 61. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential/Parking Area Primary Arterial Major Arterial 3.0" a.c./4.5" c.a.b. 4.5" a.c./6.0" c.a.b. 5.5" a.c./6.5" c.a.b. or the approved equivalents of alternate materials. 62. 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 submittal285 CITY COUNCIL RESOLUTION NO. 2010- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION NO. 3 WEST LIVING LLC ADOPTED: 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. 63. General access points and turning movements of traffic are limited to the following: A. Washington Street: 1) North Facility Entry (Washington Street): Right turn movements in and out are allowed. Left turn movements in and out are prohibited. B. Avenue 50: 11 North Facility Entry (Avenue 50): Right turn in and out and left turn in movements are allowed. Left turn movements out are prohibited. 64. 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. 65. 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. 66. Standard knuckles and corner cut -backs shall conform to Riverside County Standard Drawings #801 and #805, respectively, unless otherwise approved by the City Engineer. NSTRUCTION 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. 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 buildings within the development or when directed by the City, whichever comes first. 2�6 CITY COUNCIL RESOLUTION NO. 2010- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION NO. 3 WEST LIVING LLC ADOPTED: LANDSCAPING AND IRRIGATION 68. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 69. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 70. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 71. The applicant shall submit the landscape plans for approval by the Planning Department and green sheet sign off by the Public Works Department. When plan checking has been completed by the Planning Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Director, however landscape plans for landscaped median on public streets shall be approved by both the Planning Director and the City Engineer. Where City Engineer approval is not required, the applicant shall submit for a green sheet approval by the Public Works Department. Final landscape plans for on -site planting shall be reviewed by the ALRC and approved by the Planning Director. Said review and approval shall occur prior to issuance of first building permit unless the Planning Director determines extenuating circumstances exist which justify an alternative processing schedule. Final plans shall include all landscaping associated with this project. 72. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director and the City Engineer. 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. BLIC SERVICES 74. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. 20 CITY COUNCIL RESOLUTION NO. 2010- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION NO. 3 WEST LIVING LLC ADOPTED: 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. FEES AND DEPOSITS 77. 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. 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. Coachella Valley Multiple Species Habitat mitigation fee shall be paid in accordance with City of La Quinta Ordinance No. 453. FIRE MARSHAL 80. Approved super fire hydrants, shall be spaced every 330 feet and shall be located not less than 25 feet nor more than 165 feet from any portion of the buildings 15`. floor as measured along outside travel ways. 81. Blue dot reflectors shall be placed in the street 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 82. The water mains shall be capable of providing a potential fire flow of 4000 gpm and the actual fire flow from any two adjacent hydrants shall be 2000 gpm for a 4-hour duration at 20-psi residual operating pressure. 83. City of La Quinta ordinance requires all commercial buildings 5,000 sq. ft. or larger to be fully sprinkled. NFPA 13 Standard. Sprinkler plans will need to be submitted to the Fire Department. 84. Fire Department connections (FDC) shall be not less than 25 feet nor more than 50 feet from a fire hydrant and shall be located on the front street side of the buildings. FDC's and PIV's may not be located at the rear of buildings. Note also that FDC's 288 CITY COUNCIL RESOLUTION NO. 2010- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION NO. 3 WEST LIVING LLC ADOPTED: must be at least 25 feet from the building and may not be blocked by landscaping, parking stalls or anything that may restrict immediate access. 85. This project will require a full life safety monitored alarm system. Alarm plans will need to be submitted to the Fire Department. 86. Building plans shall be submitted to the Fire Department for plan review to run concurrent with the City plan check. 87. Water plans for the fire protection system (fire hydrants, fdc, etc.) shall be submitted to the Fire Department for approval prior to issuance of a building permit. 88. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. 89. Fire Department street access shall come to within 150 feet of all portions of the 151 floor of all buildings, by path of exterior travel. Minimum road width is 20 feet clear and unobstructed with a vertical clearance of 13'/2 feet clear. Turning radiuses shall be no less than 38 feet outside. 90. Any commercial operations that produce grease -laden vapors will require a Hood/duct system for fire protection. 91. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. Streets shall be a minimum 20 feet wide with a height of 13"6" clear and unobstructed. 92. Install a KNOX key box on each commercial building and/or suite. (Contact the fire department for an application). 93. Install portable fire extinguishers as required by the California Fire Code. 94. Any submissions to the fire department are the responsibility of the applicant. MISCELLANEOUS 95. The Site Development Permit shall be expire on September 18, 2010, and shall become null and void in accordance with La Quinta Municipal Code Section 9.210.020, unless a building permit has been issued. A time extension may be requested per LQMC Section 9.200.080. 96. This facility is approved for use as a senior retirement community with independent, 289 CITY COUNCIL RESOLUTION NO. 2010- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION NO. 3 WEST LIVING LLC ADOPTED: assisted and skilled nursing components that are licensed by the State of California. Any change of use where any or all of the above components are replaced with a market rate rental project must be approved by the Planning Commission and City Council at public hearings. 97. Sign permit shall be submitted for staff approval for proposed monument signs specified in Specific Plan 2004-071. 98. Roof tiles shall consist of a least three colors. 99. Flat roofs shall be finished in an attractive finish and color to the satisfaction of the Planning Director. 100. Railings shall be provided with decorative treatment to complement architectural style of project. 101. Window arches shall be provided over large first floor windows at the ends of the two story independent living building. 102. Long term easement or other legally binding agreement shall be obtained for use, landscaping and access over CVWD owned property along east end of project sites along Avenue 50. 103. The northern -most carports shall be enclosed on the north elevation with architecturally compatible materials and shall have a sloped or mansard concrete tile roof to the satisfaction of the Planning Director. 104. Roof tiles shall be concrete "S" tile. 105. The perimeter wall along the north property line may be a maximum eight feet high as measured from the north side. The design of this wall, including the north -facing finish, demolition, and prevention of dead space between walls (new and existing) shall be to the satisfaction of the Building Official and City Engineer. 106. Open wrought iron type fencing in conjunction with masonry walls shall be allowed along Washington Street and Avenue 50 to the satisfaction of the Planning Director. Should a sound study or wall be required or desired, the associated costs for the study and walls shall be borne entirely by the applicant/operator of the facility. This condition shall be recorded against the properties to the satisfaction of the City Attorney. End of conditions .. 290 ATTACHMENT # 2 City Council Minutes 15 October 7, 2008 .r 2. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS APPROVING A SECOND EXTENSION OF TIME FOR CONDITIONAL USE PERMIT 2003- 074 AND SITE DEVELOPMENT PERMIT 2003-762 FOR A SENIOR RETIREMENT COMMUNITY CONSISTING OF INDEPENDENT LIVING UNITS, ASSISTED LIVING UNITS, AND EXTENDED CARE LOCATED AT, THE NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50. APPLICANT: WESTPORT LA QUINTA, L.P. Principal Planner Sawa presented the staff report. Council Member Osborne questioned if the lot in its current condition has been addressed by Code Enforcement. Planning Director Johnson explained nuisance weeds and graffiti have been addressed, and that because of the size of the lot, additional maintenance is needed. Public Works Director Jonasson further explained the property has not been graded and the ground has not been disturbed which does not require PM-10 requirements to be in effect. The Mayor declared the PUBLIC HEARING OPEN at 7:56 p.m. Brian Dowd, applicant, explained the downsizing of Sunrise Development and the decision to stop expansion; stated they have a new buyer who is willing to build with the current design and plans submitted; and requested for a second extension to proceed with the process. Mayor Adolph questioned if those who put a down payment for the development have received their money back. Mr. Dowd confirmed they have been refunded as mandated by State law. Mayor Adolph questioned the applicant's confidence in this project to proceed as proposed. Mr. Dowd explained a lot of time and effort would need to be made to change the plan and the applicant would not get a favorable reception at the City. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 8:02 p.m. RESOLUTION NO. 2008-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA. APPROVING A SECOND TIME EXTENSION TO CONDITIONAL USE PERMIT 2003-074 FOR A SENIOR RETIREMENT COMMUNITY LOCATED AT THE NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50 (WESTPORT LA QUINTA, L.P.). 292 "City Council Minutes 16 October 7, 2008 It was moved by Council Members Henderson/Kirk to adopt Resolution No. 2008-062 as submitted. Motion carried unanimously. RESOLUTION NO. 2008-063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SECOND TIME EXTENSION FOR DEVELOPMENT PLANS FOR A SENIOR RETIREMENT COMMUNITY ON 14 t ACRES LOCATED ON THE NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50 (SITE DEVELOPMENT PERMIT 2003-762, EXTENSION #2 - WESTPORT LA QUINTA, L.P.). it was moved by Council Members Osborne/Sniff to adopt Resolution No. 2008-063 as submitted. Motion carried unanimously. ATTACHMENT # 3 • YrWESTliving we December 2. 2009 DEC 2 2009 City Ot La Q.t,1n1C Mr. Stan Sawa planningDepadmant Principal Planner City of La Quinta. Planning Department 75495 Callc Tampico L,a Quinla, California 92253 RE; 14 +/- acre parcel at the Northeast corner of Washington Street and Avenue 50 (APN 6764)704)13-9) Dear Mr. Sawa, The past year has proven a very difficult time no matter what business you are in, senior housing is no exception. The senior housing market has not been immune to the state of the economy and the correction in the housing market. The slowdown in home sales and increased time a home is on the market has delayed the move -in decision making process, which has put stress on the required ]case -up period being modeled for new projects. Additionally, the rapid drop in home sale prices and loss of investment income has put downward pressure on senior housing rental rates. Credit markets have remained largely frozen which has brought new construction to a virtual halt. It is difficult to determine when a full market recovery will occur. '['here have been a number ol'positivc signs over the past six months that the worst is over. the outlook for a continuation ofeconomic recovery into 2010 and beyond is promising. With an economic recovery we believe the utiderlying Iundamentals of the senior housing market arc very strong not only because of the growing demographic but also the huge opportunity to improve upon historical senior population penetration rates by building projects with multiple levels of service, amenities, wellness and innovative customer -centric features. We feel that this site is still best suited for a senior community product and hopes the City concurs now as it has in the past. While we anticipate having a development much in line with the approved plans it is our desire to improve upon it by incorporating the latest innovations and aspects of multiple levels of service. amenities. wellness and customer -centric features. Therefore, we believe there needs to be changes to some functions and use that may alter somewhat the final plan and configuration of the community. And I look forward to sharing with you our desired plan changes at our scheduled meeting on December 7ih at 4:00 PM. West Living, LLC 1 6005 Fidden Valley Road, Suite 215 1 Carlsbad, CA 92011 1 (760) 4W7440 1 (760) 49E7527 Fax 294 Mr. Stan Sawa December 2.2009 Page 2 Our desire for a one year extension of the Conditional Use Permit 2(N)3-074 and Site Development Permit 2003-762 (together, the Permits) is to keep the existing approvals and the environmental determination intact and apply for amendment(s) to the approvals rather than starting over. We understand that any change to the approved layout and design will still necessitate public hearing and having the extension of the Permits would allow everyone to focus on the atnendmeni(s). Sincerely. WS), la Quinta R/L, LLC ohn Rimbach Manager West Living. LLC 1 6005 Fadden Valley Road, Suite 215 1 Carlsbad, CA 92011 1 (760) 4W7410 1 (760) 496-7527 Fax 295