2010 05 18 CCƼdja
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, MAY 18, 2010
3:00 P.M. Closed Session / 4:00 P.M. Open Session
Beginning Resolution No. 2010-034
Ordinance No. 481
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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO
GOVERNMENT CODE SECTION 54957, COUNCIL -APPOINTED POSITION —
CITY MANAGER.
RECESS TO CLOSED SESSION
RECONVENE AT 4:00 P.M.
",, r 001
City Council Agenda 1 May 18, 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
1. PRESENTATION BY ROBERT COX FOR THE COACHELLA VALLEY
MOSQUITO AND VECTOR CONTROL DISTRICT.
WRITTEN COMMUNICATIONS — NONE
APPROVAL OF MINUTES
1. APPROVAL OF MINUTES OF MAY 4, 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 MAY 18, 2010.
2. RECEIVE AND FILE TREASURER'S REPORT DATED MARCH 31, 2010.
3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED MARCH
31, 2010.
4. ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM TUSTIN
LARSON.
w„ 002
City Council Agenda 2 May 18, 2010
5. APPROVAL OF A JOINT USE AGREEMENT WITH DESERT SANDS UNIFIED
SCHOOL DISTRICT FOR USE OF THE COLONEL PAIGE MIDDLE SCHOOL
FIELDS.
6. DENIAL OF CLAIM FOR DAMAGES FILED BY PETER R. MCWILLIAMS -
DATE OF LOSS: MAY 3, 2010.
7. ADOPTION OF A RESOLUTION AMENDING THE FISCAL YEAR 2009-2010
CITY OF LA QUINTA APPROPRIATION LIMIT.
8. APPROVAL OF AMENDMENT NO. 2 TO THE MAINTENANCE SERVICES
AGREEMENT WITH CLEANSTREET FOR MECHANICAL STREET SWEEPING
SERVICES.
9. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO.
480, AMENDING TITLE 9 ZONING, ADJUSTING GUESTHOUSE PROVISIONS
IN THE TABLE OF PERMITTED USES AND IN THE SUPPLEMENTAL
RESIDENTIAL CODE; PROHIBITING SINGLE FAMILY HOMES WITHIN THE
VILLAGE COMMERCIAL DISTRICT; IDENTIFYING GOLF CART SALES IN THE
NON-RESIDENTIAL TABLE OF PERMITTED USES; ADJUSTING PERMITTED
DATE FOR CHRISTMAS TREE SALES; CORRECTING ERROR IN USED CAR
SALES REGULATIONS; PERMITTING USE OF SEASONAL SALES
BUSINESSES; AND ADDRESSING MULTI -TENANT OFFICE COMPLEXES
WITH INTERIOR TENANTS IN THE SIGN ORDINANCE.
10. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO.
479, AMENDING TITLE 9 OF THE LA QUINTA MUNICIPAL CODE TO
ALLOW FOR POSTING OF TEMPORARY SIGNS IN CERTAIN AREAS WITHIN
THE PUBLIC RIGHT-OF-WAY, INCREASING THE TIME PERIOD FOR POSTING
AND THE NUMBER OF SIGNS PER PERMIT, CLARIFYING LANGUAGE OF
CERTAIN MISCELLANEOUS PROVISIONS, AND PROVIDING FOR RETAINING
OF DEPOSIT FOR VIOLATIONS OF TEMPORARY SIGN REQUIREMENTS
(9.160.060).
11. APPROVAL OF A CITY OF LA QUINTA MARKETING PLAN FOR FISCAL
YEAR 2010-2011.
12. APPROVAL OF EXTENSION OF MEMORANDUM OF UNDERSTANDING WITH
DESERT SANDS UNIFIED SCHOOL DISTRICT REGARDING SCHOOL
RESOURCE OFFICERS.
City Council Agenda 3
003
May 18, 2010
BUSINESS SESSION
1. CONSIDERATION OF A REQUEST FROM THE COMMUNITY SERVICES
COMMISSION TO REDUCE THE COMMISSION FROM SEVEN TO FIVE
MEMBERS.
A. MINUTE ORDER ACTION
2. CONSIDERATION TO PROCURE LIGHTING EQUIPMENT AND POLES,
APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE
(PS&E) AND AUTHORIZATION TO ADVERTISE FOR BID THE COLONEL
PAIGE MIDDLE SCHOOL FIELD LIGHTING, PROJECT NO. 2008-06.
A. MINUTE ORDER ACTION
3. CONSIDERATION OF SELECTION OF A REPRESENTATIVE TO THE
CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE
COMMITTEE.
A. MINUTE ORDER ACTION
STUDY SESSION - NONE
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 (FRANKLIN)
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)
City Council Agenda 4 May 18, 2010 '*'
fid
11F
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. COMMUNITY SERVICES COMMISSION MINUTES OF APRIL 12, 2010
19. INVESTMENT ADVISORY BOARD MINUTES OF MARCH 10, 2010
20. PLANNING COMMISSION MINUTES OF MARCH 23 AND APRIL 13, 2010
21. HISTORIC PRESERVATION COMMISSION MINUTES OF JANUARY 21, 2010
DEPARTMENT REPORTS
1. CITY MANAGER
A. RESPONSE(S) TO PUBLIC COMMENTS
2. CITY ATTORNEY
A. UPDATE ON ANIMAL CONTROL REGULATIONS
3. CITY CLERK
A. UPCOMING EVENTS AND CITY COUNCIL CALENDAR
B. SCHEDULE TO CONSIDER COMMISSION APPOINTMENTS
4. BUILDING & SAFETY DEPARTMENT REPORT FOR APRIL 2010
5. COMMUNITY SERVICES DEPARTMENT REPORT FOR APRIL 2010
6. FINANCE DEPARTMENT REPORT - NONE
7. PLANNING DEPARTMENT REPORT FOR APRIL 2010
8. PUBLIC WORKS DEPARTMENT REPORT FOR APRIL 2010
9. POLICE DEPARTMENT REPORT FOR APRIL 2010
10. FIRE DEPARTMENT QUARTERLY REPORT — NONE
MAYOR'S AND COUNCIL MEMBERS' ITEMS — NONE
RECESS TO REDEVELOPMENT AGENCY MEETING
RECESS TO 7:00 P.M.
7:00 P.M.
PUBLIC COMMENT
At this time members of the public may address the City Council on any matter not listed
on the agenda. Please complete a "request to speak" form and limit your comments to
three minutes.
PRESENTATIONS — NONE
City Council Agenda 5 May 18, 2010 005
PUBLIC HEARINGS
For all Public Hearings on the agenda, a completed "request to speak" form must be filed
with the City Clerk prior to consideration of that item.
A person may submit written comments to City Council before a public hearing or appear
in support or opposition to the approval of a project. If you challenge a project in court,
you may be limited to raising only those issues you or someone else raised at the public
hearing or in written correspondence delivered to the City Clerk at, or prior to the public
hearing.
1. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS FOR
1) CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT FOR
ENVIRONMENTAL ASSESSMENT 2008-600, ADOPTION OF FINDINGS
PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTION
OF STATEMENT OF OVERRIDING CONSIDERATION, ADOPTION OF A
MITIGATION MONITORING PROGRAM FOR AN ENVIRONMENTAL IMPACT
REPORT, AND 2► APPROVAL OF SPECIFIC PLAN 2008-085 FOR
DEVELOPMENT OF UP TO 200 AFFORDABLE RESIDENTIAL DWELLING
UNITS AND UP TO 82,000 SQUARE FEET OF AUTOMOBILE SALES AND
RELATED USES GENERALLY LOCATED ON THE SOUTH SIDE OF HIGHWAY
111 BETWEEN DUNE PALMS ROAD AND COSTCO DRIVE. APPLICANT:
LA QUINTA REDEVELOPMENT AGENCY.
A. RESOLUTION(S) ACTION
ADJOURNMENT
The next regular meeting of the City Council will be held on June 1, 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.
006
City Council Agenda 6 May 18, 2010
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 May 18, 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 1 1 1, on
May 14, 2010.
DATED: ay 14, 2010
VERONICA J. NTECINO, City Clerk
City of La Quinta, California
Public Notices
The La Quinta City Council Chamber is handicapped accessible. If special equipment is
needed for the hearing impaired, please call the City Clerk's Office at 777-7103, twenty-
four (24) hours in advance of the meeting and accommodations will be made.
If special electronic equipment is needed to make presentations to the City Council,
arrangement should be made in advance by contacting the City Clerk's Office at 777-
7103. A one (1) week notice is required.
If background material is to be presented to the City Council during a City Council meeting,
please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to
the City Clerk for distribution. It is requested that this take place prior to the beginning of
the meeting.
Any writings or documents provided to a majority of the City Council regarding any item
on this agenda will be made available for public inspection at the City Clerk counter at City
Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal
business hours.
City Council Agenda 7 May 18, 2010 007
MEMORANDUM
TO: The Honorable Mayor and Members of the City Council
FROM: Bret M. Plumlee, Assistant City Manager — Management Services ' /
DATE: May 18, 2010
SUBJECT: Coachella Valley Mosquito and Vector Control District Memorandum
The attached memorandum from Mr. Robert Cox provides an update on the
Coachella Valley Mosquito and Vector Control District.
If you have any questions or require additional information, please let me know.
Attachment
c: Thomas P. Genovese, City Manager (w/ attachment)
008
To: La Quinta City Council
From: Robert Cox
Date: 4/30/2010
Re. Coachella Valley Mosquito and Vector Control District
It has been over a year since you appointed me as a Trustee to the Coachella Valley
Mosquito and Vector Control District and I have enjoyed the opportunity to serve the citizens
of La Quinta and the Coachella Valley in this capacity as well as the challenges it has
presented.
I believe we have made considerable progress in reshaping the District in its processes and
operations and have tried to make sure you were kept apprised of what was taking place. It is
with this in mind that I submitting this summary of some of the work and accomplishments
that have taken place in the past year.
• Hired a new General Manager, Dr. Branka Lothrop, who is just finishing her first year
on the job.
• Hired a new General Counsel, Steven Quintanilla
• Completed contracts agreements with both our labor unions.
• Amended, updated, or added the following items:
• Finance and accounting policies and procedures
• Investment policy
• By-laws
• Travel policies for employees and Trustees
• Credit card policies and uses
• Personnel manual
• Policy and Procedures manual
-011. 009
• General Manager evaluation process
• Undertaken a long term strategic planning process
• I have been able to participate in a majority of these processes by being appointed to the
following committees:
*By-laws committee
*General Manager Evaluation committee
*Policies and Procedures Manual
*Travel policy sub -committee
*Strategic planning committee
*Finance committee
It has been a very busy year as well as a challenging year because of not only the many
personnel and operational issues we faced but of course the financial issues as well. We, like
everyone else, have faced reduced income but we have been able to continue to work with a
balanced budget and will continue to work toward that goal in the coming budget year.
I realize this is just a summary of the past year but I will be available to answer any questions
you might have and look forward to the coming year.
Robert G. Cox
Trustee
Coachella Valley Mosquito and Vector Control District
• Page 2
010
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COUNCIL/RDA MEETING DATE: May 18, 2010
ITEM TITLE: Demand Register Dated
May 18, 2010
RECOMMENDATION:
Approve Demand Register Dated May 18, 2010
BACKGROUND:
Prepaid Warrants:
87213 - 87231} 448,583.57
87232 - 87261} 23,640,886.23
Voids} 0.00
Wire Transfers} 393,426.75
P/R 36045 - 36056 250,852.62
P/R Tax Transfers} 71,669.04
Payable Warrants:
87262 - 87386} 1,274,114.82
$26,079,533.03
FISCAL IMPLICATIONS:
Demand of Cash -City $2,222,571.43
Demand of Cash -RDA $23,856,711.60
Demand of Cash - HA $250.00
'k, „Rt.&,4�,
John M. Falconer, Finance Director
AGENDA CATEGORY:
BUSINESS SESSION
CONSENT CALENDAR
STUDY SESSION
PUBLIC HEARING
•.. Oil
CITY OF LA QUINTA
BANK TRANSACTIONS 4/28/10 - 5111110
4/30/10 WIRE TRANSFER - ICMA
4/30/10 WIRE TRANSFER - PERS
4/30110 WIRE TRANSFER - PERS
513/10 WIRE TRANSFER - HEALTH PREMIUM
5/5/10 WIRE TRANSFER - LANDMARK
5/10110 WIRE TRANSFER - TIEMPO ESCROW
TOTAL WIRE TRANSFER OUT
$2,157.93
$23,867.09
$1,002.80
$101,800.30
$165,868.74
$98,729.89
$393,426.75
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COUNCIL/RDA MEETING DATE: May 18, 2010
ITEM TITLE: Receive and File Transmittal of
Treasurer's Report for March 31, 2010
RECOMMENDATION:
Receive and file.
BACKGROUND AND OVERVIEW:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Receive and File Transmittal of Treasurer's Report dated March 31, 2010 for the City
of La Quinta.
FINDINGS AND ALTERNATIVES:
I certify that this report accurately reflects all pooled investments and is in compliance
with California Government Code Section 53645 as amended 1 /1 /86; and is in
conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds.
I hereby certify that sufficient investment liquidity and anticipated revenues are
available to meet next month's estimated expenditures.
Respectfully submitted,
&V—/L 471�
John M. Falconer, Finance Director
Approved for Submission by:
Thomas P. Genovese, City Manager
Attachment: 1. Treasurer's Report, City of La Quinta
.„„ 051
2
H 1 1 H1.11-71VICIV 1 I
MEMORANDIIM
TO: La Quinta City Council
FROM: John M. Falconer, Finance Directorfrreasurer
SUBJECT: Treasurer's Report for March 31, 2010
DATE: April 30, 2010
Attached is the Treasurer's Report for the month ending March 31, 2010. The report is submitted to
the City Council each month after a reconciliation of accounts is accomplished by the Finance Department.
The following table summarizes the changes in investment types for the month:
Investment
Beginning
Purchased
Notes
Sold/MaturecF
Other
Ending
Change
LAIF
Certificates of Deposit
US Treasuries
US Gov't Sponsored Enterprises
Commercial Paper
Corporate Notes
Mutual Funds
$ 49,630,475
1,209,000
98,867,535
18,996,946
-
15,227,442
411,652
$ 1,550,000
10,000,000
(2)
(2)
(2)
1
$ (1,700,000)
(10,000,000)
8,644
1,618
0
(12,177)
0
$ 49,480,475
1,209,000
98,876,179
18,998,564
0
15,215,265
411,652
(150,000)
0
8,644
1,618
0
(12,177)
0
Subtotal
$ 184,343,050
1 $ 11,550,000
$ 11,700,000
$ 1,915
$ 184,191,135
$ 151,915
Cash $ 5.940,425 1 & 3 $ 5,242,164 $ 698,261 5,242,164
Total $ 190,283,475 1 $ 11,550,000 1 1 $ i6 942,164 $ 1,915 $ 184,889,396 $ 5,394,079
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.
A�A2t4Mti1.4,__- so zo/0
John M. Falconer Date
Finance Director/Treasurer
Footnote
(1) The amount reported represents the net increase (decrease) of deposits and withdrawals from
the previous month.
(2) The amount reported in the other column represents the amortization of 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.
•. n 052
3
Treasurer's Commentary
For the Month of March 2010
Cash Balances — The portfolio size decreased by $5.40 million to end the month at $184.89
million. The major reason for the decrease was $5.8 million spent on debt service payments
on March 1 ". Major Capital Projects payment of approximately $750,000 were made on the
La Quinta Fire station 32 Corporate Yard project in march.
Investment Activity — The investment activity resulted in an average maturity decreased by
14 days to 172 days at the end of March. The Treasurer follows a buy and hold investment
policy and one investment purchases were made in the month to roll over a $10 million
Treasury Security. The sweep account earned'$8 in interest income for the month of February
and the bank fees for the month were $ 2,050 which resulted in a net decrease of $2,042 in
real savings.
Portfolio Performance — The overall portfolio performance decreased by one (1) basis point
from the prior month and ended at .47% for the month, with the pooled cash investments
yielding .50%. The portfolio yield should continue to stay at these levels for the near future.
At this time last year, the portfolio was yielding 1.13% which reflects the current interest
rate environment.
Looking Ahead
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 Fannie Mae or Freddie Mac Government Sponsored Enterprises (GSE) due to the current
economic conditions affecting the financial markets.
•I-• ' 053
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City of La points
Comparative Rates of Interest
March 31, 2010
City of La puinta
Three Month
Augu512006
4.94%
5.01%
4.97%
48
4.97%
4,95%
Sept 2006
4.98%
5,01%
4.99%
53
5.00%
5,02%
Oct 2006
5.00%
5.02%
5.01%
67
4,96%
SAO%
Nov2006
5,04%
5.03%
5.03%
62
4.04%
5,13%
Dec 2006
5,08%
5.04%
5.06%
8o
4,90%
5A3%
Jan 2007
6,18%
5.12%
5.16%
64
4.98%
5.16%
Feb 2007
5A9%
5.13%
5,17%
45
4.95%
5.18%
Mar 2007
521%
5.03%
5,15%
67
4.88%
5.21%
Apr2007
5,20%
5.14%
5.15%
42
484%
522%
May 2007
5.20%
5,05%
5.16%
32
461%
6.25%
June 2007
5.19%
4,88%
5.10%
85
4.81%
5.25%
FY 07108
July 2007
5.21%
4.90%
5.12%
120
4.80%
5,26%
Augus12007
5.17%
4.85%
5.08%
109
4.59%
5,25%
Sep12007
5.16%
486%
506%
129
4,00%
5.23%
Oct2007
5.11%
4.85%
5.02%
116
3,95%
5,14%
Nov 2007
5,03%
4.83%
4.96%
99
3.34%
4.96%
Dec 2007
4,96%
3.43%
4.46%
123
3,39%
4.80%
Jan 2008
4,58%
3.33%
4.22%
96 1
231%
4.62%
Feb 2008
4.12%
3.24%
3,85%
86
2.07%
4.16%
Mar2008
4.07%
2,83%
3.67%
74
1.50%
3.78%
Apr2008
3.45%
3,27%
3.41%
82
1.70%
3.40%
May 2008
3.14%
3.27%
3.17%
63
1,92%
3,07%
June 2008
3.09%
1.94%
286%
80
2,14%
289%
FY OW09
July 2008
299%
1.93%
2.77%
62
1,70%
1.88%
2.29%
2,75%
2.18%
2.79%
Augus12008
3,16%
1.92%
2.88%
51
769%
1,89%
2.14%
2.38%
208%
278%
Sept 2008
2.81%
1.02%
2,64%
37
1.42%
1.79%
1.96%
200%
2.13%
217%
Oct2OO8
266%
2.61%
2,61%
29
0.90%
1.40%
1.72%
1.60%
2.07%
2.71%
Nov 2008
2.38%
2,36%
2.36%
64
0.16%
0.49%
1.04%
1.25%
1.45%
2.57%
Dec 2008
1.60%
0,18%
1.42%
116
0.05%
0.25%
0,59%
0,88%
097%
2.35%
Jan 2009
1.36%
0.18%
123%
82
0.15%
0,35%
0,43%
0,88%
0.31%
2.05%
Feb 2009
1,23%
0.18%
1.11%
75
0.30%
0,50%
O61%
0.88%
048%
187%
Mar2009
1,26%
0.18%
1.13%
69
020%
0.42%
070%
0.88%
037%
1.82%
Apr2009
0.94%
0.18%
0,85%
54
0.31%
0.33%
0.59%
O.N%
0,28%
1.61%
May 2009
0.92%
0.18%
0.84%
80
0.18%
0.30%
0.53%
0:88%
0.23%
l03%
June 2009
085%
0,29%
0,80%
111
0.20%
035%
0.55%
1.13%
0.26%
1.38%
FY OW10
July 2009
0.69%
0,30%
0.65%
111
0.19%
0.28%
047%
1.00%
0.28%
104%
August 2009
064%
0.30%
0.61%
92
0.16%
0.26%
0.46%
1.00%
0,24%
0.93%
Sept2009
0.56%
0,31%
0.53%
112
0,12%
0.19%
0.41%
1.00%
0,19%
0,75%
0at2009
0,52%
0.31%
0.50%
90
0,08%
0.19%
0.38%
1.00%
0.19%
0.65%
Nov 2009
0,56%
0,31%
0.53%
152
0,04%
OA4%
0,32%
0.76%
0.15%
0,61%
Dec 2009
0.56%
0,15%
0.51%
239
0,11%
030%
0,16%
1.00%
0,16%
0,57%
Jan 2010
046%
0.15%
0.43%
179
0.06%
0.14%
0.34%
0,88%
0.13%
0,66%
Feb 2010
0.51%
0.16%
048%
162
0.13%
0.19%
0.32%
0,88%
0.15%
0.58%
rs- , 060 11
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T-af 4 4 Q"
COUNCILIRDA MEETING DATE: May 18, 2010
ITEM TITLE: Receive and File Transmittal of
Revenue and Expenditure Report for March 31,
2010
RECOMMENDATION:
Receive and File
BACKGROUND AND OVERVIEW:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Transmittal of the March 31, 2010 Statement of Revenue and Expenditures for the
City of La Quinta.
espectfully submitted,
�/11
John M. Falconer, Finance Director
/Approved for submission by:
C b
Thomas P. Genovese, City Manager
Attachment: 1. Revenue and Expenditures Report, March 31, 2010
062
H I I AUHIVItIV 1 I
CITY OF LA QUINTA
REVENUES -ALL FUNDS 07101/2009 - 03/3112010
FUNDS
ADJUSTED
BUDGET
RECEIVED
%
RECEIVED
General
$38,960,980.00
$21,928,204.57
56.30%
Library
2,552,500.00
1,255,075.00
49.20%
Gas Tax Revenue
985,095.00
466,359.14
47.30%
Federal Assistance
350,055.00
12,240.00
3.50%
JAG Grant
86,353.00
32,319.93
37.40%
Slesf (Cops) Revenue
100,100.00
45.87
0.00%
Indian Gaming
120,150.00
100,537.04
83.70%
Lighting & Landscaping
947,800.00
530,341.03
56.00%
RCTC
1,970,763.00
1,327,798.02
67.40%
Development Funding
0.00
0.00
0.00%
Crime Violent Task Force
0.00
0.00
0.00%
AB 939
5,000.00
4,282.17
85,60%
Quimby
40,000.00
31,616.90
79.00%
Infrastructure
1,700.00
1,225.31
72.10%
Proposition 1B
608,885.00
1,801.81
0.30%
South Coast Air Quality
98,250.00
42,415.48
43.20%
CMAQ/ISTEA
1,163,000.00
0.00
0.00%
Transportation
135,800.00
108,239.26
79.70%
Parks & Recreation
53,520.00
32,113.00
60,00%
Civic Center
59,700.00
35,899.51
60.10%
Library Development
21,300.00
12,781.00
60,00%
Community Center
9,440.00
6,183.18
65.50%
Street Facility
107,059.00
105,779.13
98.80%
Park Facility
1,480.00
950.66
64,20%
Fire Protection Facility
8,400.00
5,084.76
60.50%
Arts In Public Places
38,325.00
18,595.72
48.50%
Interest Allocation
0.00
0.00
0.00%
Capital Improvement
98,710,498.00
5,653,404.15
5.70%
Equipment Replacement
27,737.00
24,893.80
89.70 %
Information Technology
337,044.00
335,478.12
99.50%
Park Equipment & Facility
6,500.00
4,571.24
70,30%
SilverRock Golf
3,430,349.00
2,509,003.30
73.10%
SilverRock Golf Reserve
69,307.00
720.31
1.00%
La Quinta Public Safety Officer
2,100.00
2,069.01
98.50%
La Quinta Financing Authority
6,603,611.00
6,461,848.04
97.90%
RDA Project Area No. 1
53,293,675.00
29,224,142.48
54.80%
RDA Project Area No. 2
32,540,049.00
17,907,090.90
55.00%
La Quints Housing Authority
0.00
0.00
0.00%
Total
$243,446,525.00
$88,183,109.84
,, ., f� 063
CITY OF LA QUINTA
EXPENDITURES - ALL FUNDS
FUNDS
BUDGET
EXPENDITURES
ENCUMBERED
BUDGET
General
Library
1,724.350,00
751.992.55
000
972,357.45
Gas Tax
1,669.194,00
935,00931
000
734,184.69
Federal Assistance
334,230.00
12.240,00
0,00
321,990.00
JAG Grant
86,303.00
32,307.20
0.00
53.995.80
Slesf(Cops) Revenue
129,544.00
29,543.32
000
100,ODO.68
Indian Gaming
120.300,00
100,742.64
OM
19,557,36
Lighting B Landscaping
973.182.00
734,627 98
0.00
238,554,02
RCTC
1,970.763,00
1.327,798,02
O.DO
642,964.98 '..
Development Agreement
0.00
0.00
ODD
0,00 '.
CV Violent Crime Task Farce
205,000.00
195,18399
000
9,816.01
AS 939
356,982.00
66,718.96
2,000.00
288,263.04
Quimby
9,617,963.00
60,232.54
000
9,557,730.46
Infrastructure
397,576.00
4,502.50
0.00
393,073.50
Proposition 18
606.885.00
29,052.10
D.00
577,832.90
South Coast Air Quality
372.582.00
65.835,32
0.00
306,74668
CMAQ
1, 163,000.00
0.00
0.00
1163,000.00
Transportation
5,699,192.00
1,440,183,89
0.00
4:259,008,11 !,
Parks B Recreation
15,000.00
5,971.91
0.00
9.028.09 !
Civic Center
295,264.00
192,754.01
ODD
102,509,99
Library Development
19,500.00
8,059.39
000
11,440.61
Community Center
0.00
000
ODD
0.00
Street Facility
2,480,648,00
996,21570
0.00
1,484,43230
Park Facility
102,539.00
102,707.92
000
(168,92)
Fire Protection
9,250.00
3,888.18
0.00
5,361.82
Arts In Public Places
839,230.00
45.149.14
GM
794,080.66
Interest Allocation
0.00
000
0.00
0,00
Capital Improvement
98,710,498.00
5,653,404.15
31,837,69
93,025,256.16
Equipment Replacement
1,354,607.00
766,264.55
543.75
587,798.70
Information Technology
522,922.00
230,331.55
140000
291.190.45
Park Maintenance Facility
978,931.00
600,000.00
0.00
378,931.00
SiNerRock Golf
4,093,771.00
2,919,617,12
659,527.86
514.626,02
SilverRock Reserve
0,00
0.00
0,00
0.00
LO Public Safety Officer
2,00000
0.00
0.00
2,ODO.00
Le Quintet Financing Authonly,
6,604,411.00
6,465,128.04
0,00
139.282.96
La Ouints Housing Authority
51,500,00
1,78899
0.00
49,712.69
RDA Project Area No. 1
113,853,167,00
31,636,997A1
0.00
82,216,169.89
RDA Project Area No. 2
44,628,572,00
13.107.323.48
0.00
31,521,24852
oa
�..; C64
3
CITY OF LA OUINTA
0710112009 - 03131/2010
GENERAL FUND REVENUES DETAIL
ADJUSTED
REMAINING
%
BUDGET
RECEIVED
BUDGET
RECEIVED
TAXES:
Property Tax
2,843,000.00
1,024,215.51
1,818,784.49
36.030%
No Low Property Tax Distribution
3,238,000.00
2,280,928.91
957,071.09
70.440%
Statutory Tax
215,289.00
186,243.79
29,045.21
86.510%
Sales Tax
5,021,685.00
2,857,881.80
2,163.803.20
56.910%
Sales Tax Reimbursement
1,368,315.00
1,002,269.11
366,045.89
73.250%
Document Transfer Tax
433,760.00
288,246.63
145,513.37
66.450%
Transient Occupancy Tax
3,878,000.00
2,052,983.75
1,825,016.25
52.940%
Transient Occupancy Tax - Mitigation Measures
328,300.00
13,033.50
315,266.50
3.970%
Franchise Tax
1,410,000.00
821,393.15
588,606.85
58.250%
TOTAL TAXES
18,736,349.00
10,527,196A5
8,209,152.85
56.190%
LICENSE & PERMITS:
Business License
288,800.00
223,950.20
64,849.80
77.550%
Animal License
29,700.00
23.440.50
6,259.50
78.920%
Building Permits
176,500.00
147,017.07
29,482.93
83.300%
Plumbing Permits
31,600.00
18.390.00
13,210,00
58.200%
Mechanical Permits
23,800.00
13,566.00
10,234.00
57.000%
Electrical Permits
21,700.00
19,726.98
1,973.02
90.910%
Garage Sale Permits
16,100.00
11,370.00
4,730.00
70,620%
Misc. Permits
91,100.00
39,601.70
51,498.30
43.470%
TOTAL LICENSES & PERMITS
679,300.00
497,062.45
182,237.55
73.170%
FEES:
Sale of Maps & Publications
3,700.00
2,861.80
838.20
77.350%
Community Services Fees
328,900.00
305,228.32
23,671.68
92.800%
Finance
550.00
450.00
100.00
81.820%
Bldg & Safety Fees
144,100.00
122,149.77
21,950.23
84.770%
Bldg & Safety Lease Revenue
35,000.00
20,990.87
14,009.13
59,970%
SMIP Fees
2,000.00
0.00
2,000.00
0.000%
Community Development Fees
50,000.00
40,252.50
9,747.50
80,510%
Public Works Fees
108600.00
119827.35
(11,227.35)
110.340%
TOTALFEES
672,850.00
611,760.61
61,089.39
90.920%
INTERGOVERNMENTAL
Motor Vehicle In -Lieu
3,579,061.00
1,837,437.94
1,741,623.06
51.340%
Motor Vehicle Code Fines
107,100.00
70,192.25
36,907.75
65.540%
Parking Violations
48,500.00
46,447.68
2,052.32
95.770%
Misc. Fines
243,800.00
124,304.83
119,495.17
50.990%
Federal Govt Grants
202,098.00
21,049.00
181,049.00
10.420%
County of Riverside Grant
50,000.00
50,000.00
0.00
100.000%
State of California Grant
38,282.00
25,115.82
13,166.18
65.610%
Fire Services Credit- Capital (10150003375010:
3,798,505.00
1,512,378.95
2,286,126.05
39.820%
Fire Services Credit- Oper (10150003375000)
5,118,200.00
2,428,167.37
2,690,032.63
47.440%
CVWD
16,800.00
12,600.00
4,200.00
75.000%
CSA152 Assessment
253 757.00
253 757.26
(0.26)
100.000%
TOTAL INTERGOVERNMENTAL
13,456,103.00
6,381,451.10
7,074,651.90
47,420%
INTEREST
3,624,383.00
2,438,152.33
1,186,230.67
67.270%
MISCELLANEOUS
Miscellaneous Revenue
11,000.00
2,940.77
8,059.23
26,730%
AB939
94,900.00
46,575.43
48,324.57
49,080%
Insurance Recoveries
11,500.00
26,811.37
(15,311.37)
233.140%
Assmnt Dist Surplus
0.00
165.36
(165.36)
0.000%
Other Mitigation Measures
0.00
0.00
0.00
0.000%
Litigation settlement
0.00
0.00
0.00
0.000%
Advertising Coop
65,000.00
5,137.50
59,862.50
7.900%
Cash Overl(Short)
50.00
(19.12)
69.12
-38.240%
TOTAL MISCELLANEOUS
182,450.00
81,611.31
100,838.69
44.730%
TRANSFERIN
1,609,545.00
1,390,970.62
218,574.38
86.420%
TOTAL GENERAL FUND
38,960,980.00
21,928,204.57
17,032,775.43
56.280%
065
4
CITY OF LA OUINTA 07/0112009 .0313112010
GENERAL FUND EXPENDITURE SUMMARY
BY DEPARTMENT
ADJUSTED 3131110 REMAINING
BUDGET EXPENDITURES ENCUMBERED BUDGET
GENERAL GOVERNMENT:
LEGISLATIVE
1,031,015.00
612.043.23
0.00
418.971.77
CITY MANAGER'S OFFICE
542,643.00
361,140.27
0.00
181.502,73
DEVELOPMENT SERVICES
2,030,737.00
1.490,72824
000
540,00876
MANAGEMENT SERVICES
1,760,20000
1,257,814.81
3,000.00
499,385.19
TOTAL GENERAL GOVERNMENT
CITY CLERK
706.637.00
478,186.06
000
228,450.94
TOTALCITY CLERK
FINANCE:
BUILDING & SAFETY:
POLICE:
PARKS& RECREATION ADMINISTRATION
1,440,141.00
1,056,50431
0.00
383,636.29
SENIOR CENTER
429,799.00
284.588.03
0.00
145.210.97
PARKS & RECREATION PROGRAMS
210,498.00
148,862,00
1,433,69
60,202.31
LIBRARY
1.432,93400
678,326,24
0,00
754,607.76
MUSEUM
296,86300
70,908,43
0.00
225,954.57
PARK MAINTENANCE
1,031.084,00
672,992.73
0.00
358,091.27
TOTAL COMMUNITY SERVICES
FISCAL SERVICES 1,098,857.00 803.119.04 000 295,737,96
CENTRAL SERVICES 326,796.00 224,588.45 0.00 102,207,55
TOTAL FINANCE
BUILDING&SAFETY -ADMIN
392,29500
289,678.31
0.00
102,616,69
BUILDING
958,508.00
686,583.94
0.00
271,924.06
CODE COMPLIANCE
1,054,785.00
763,893,95
0,00
290.891.05
ANIMAL CONTROL
401,85400
280,454,51
0,00
121,399.49
FIRE
4,957,940.00
2,456,839,36
0,00
2,501,100.64
EMERGENCY SERVICES
168.22500
134,138.02
0.00
34,086.98
CIVIC CENTER BUILDING -OPERATIONS
1,180,206.00
880,847.39
0.00
299,358.61
TOTAL BUILDING & SAFETY
POLICE SERVICES 12,588,245,00 5.753,83395 0.00 6,834,411.05
TOTAL PUBLIC SAFETY
COMMUNITY DEVELOPMENT:
COMMUNITY DEVELOPMENT -ADMIN 1,581,432.00 576,182,65 0.00 1005,249.35
CURRENT PLANNING 848,416,00 529,720,65 0,00 318,695.35
TOTAL COMMUNITY DEVELOPMENT
PUBLIC WORKS:
PUBLIC WORKS ADMINISTRATION
748,471,00
436,447.40
21,446.67
290,576.93
DEVELOPMENT & TRAFFIC
1,023,738.00
736,365.14
0.00
287.372,86
MAINT/OPERATIONS- STREETS
3,459,287.00
2,245,979.61
000
1.213.307.39
MAINT/OPERATIONS- LTGMNDSCAPING
1,814,142.00
1,016,949A6
0.00
797.192,84
CONSTRUCTION MANAGEMENT
1,494,550,00
1.002.599.93
22.574.39
469,375,68
TOTAL PUBLIC WORKS
TRANSFERS OUT
GENERAL FUND REIMBURSEMENTS
NET GENERAL FUND EXPENDITURES
5,170,483.00 1.926.358. 18 0.00 3,244,124.82
(6,999,043.00) (3,983,613.20) 0.00 (3,015,429.80)
43,181,738.00 23,873,061.19 48,454.75 19,260,222.06
«. 066
5
CITY OF LA QUINTA
0710112009-03131/2010
ALL OTHER FUNDS REVENUE DETAIL
ADJUSTED
REMAINING
%
BUDGET
RECEIVED
BUDGET
RECEIVED
LIBRARY:
County of Riverside
2,549,700.00
1,255,075.00
1,294,625.00
49.220%
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
1,255,075.00
1,297,425.00
49.170%
GAS TAX REVENUE:
Section 2105
201,600.00
157,049.33
44,550.67
77.900%
Section 2106
123,600.00
95,283.63
28,316.37
77.090 %
Section 2107
271,600.00
213,745.16
57,854.84
78.700%
Section 2107.5
29,795.00
0.00
29,795.00
0.000%
Traffic Congestion Relief
357,000.00
0.00
357,000.00
0.000%
Interest
1,500.00
281.02
1,218.98
18.730%
TOTAL GAS TAX
985,095.00
466,359.14
518,735.86
47.340%
FEDERAL ASSISTANCE REVENUE:
CDBG Grant
350,055.00
12,240.00
337,815.00
3.500%
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
12,240.00
337,815.00
3.500%
JAG GRANT
Grant Revenue
86,303.00
32,307.20
53,995.80
37.430%
Interest
%00
12.73
37.27
25.460%
TOTAL JAG GRANT
86,353.00
32,319.93
54,033.07
37.430%
SLESF (COPS) REVENUE:
SLESF (Cops) Funding
100,000.00
0.00
100,000.00
0.000%
Interest
100.00
45.87
54.13
45.870%
TOTAL SLESF (COPS)
100,100.00
45.87
100,054.13
0.050%
INDIAN GAMING
Grant revenue
120,000.00
100,472.64
19,527.36
83,730%
Interest
150.00
64.40
85.60
42.930%
TOTAL INDIAN GAMING
120,150.00
100,537.04
19,612.96
83.680%
LIGHTING & LANDSCAPING REVENUE:
Assessment
947,800.00
530,341.03
417,458.97
55.950%
Developer
0.00
0.00
0.00
0.000%
Interest
0.00
0.00
0.00
0.000%
TOTAL LIGHTING & LANDSCAPING
947,800.00
530,341.03
417,458.97
55.950%
RCTC
RCTC Funding
1,970,763.00
1,327,798.02
642,964.98
67.370%
Transfer in
0.00
0.00
0.00
0.000%
TOTAL RCTC
o
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
0.000%
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 -Stale 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%
AB 939 REVENUE:
AB 939 Fees 0.00 0.00 0.00 0.000%
Interest 5,000.00 4,282.17 717.83 85.640%
TOTAL AB 938
P C67 s
0710112009 - 0313112010
CITY OF LA QUINTA
ADJUSTED
REMAINING
%
ALL OTHER FUNDS REVENUE DETAIL
BUDGET
RECEIVED
BUDGET
RECEIVED
QUIMBY REVENUE:
0.00
Quimby Fees
0.00
0.00
0.00
0.000%
Donations
0.00
0.00
0.00
0.000%
Interest
40,000.00
31,616.90
8,383.10
79,040%
TOTAL QUIMBY
o
INFRASTRUCTURE REVENUE:
Utility refund
0.00
0.00
0.00
0.000%
Interest
1,700.00
1,225.31
474.69
72.080%
Transfer in
0.00
0.00
0.00
0.000%
TOTAL INFRASTRUCTURE
1,700.00
1,225.31
474.69
72.080%
PROPOSITION 1 B - SB1266
Prop I Grant
606,885.00
0.00
606,885.00
0.000%
Interest
2,000.00
1,801.81
198.19
90.090%
TOTAL PROPOSITION 1 B
o
SOUTH COAST AIR QUALITY REVENUE:
S.C.A.Q. Contribution
48,900.00
25,339.68
23,560.32
51.820%
MSRC Funding
48,000.00
16,137.46
31,862.54
33.620%
Street Sweeping Grant
0.00
0.00
0.00
0.000%
Interest
1,350.00
938.34
411.66
69.510%
TOTAL SCAQ
98,250.00
42,415.48
55,834.52
43.170%
CMAQ/ISTFA
State Grants
1,163,000.00
0.00
1,163,000.00
0.000%
Interest
0.00
0.00
0.00
0.000%
Transfer in
0.00
0.00
0.00
0.000%
TOTAL TRANSPORTATION
1,163,000.00
0.00
1,163,000.00
0.000%
TRANSPORTATION
Developer fees
115,800.00
98,159.69
17,640.31
84.770%
Interest
20,000.00
10,079.57
9,920.43
50.400%
Transfer in
0.00
0.00
0.00
0.000%
TOTAL TRANSPORTATION
135,800.00
108,239.26
27,560.74
79.700%
PARKS & RECREATION
Developer fees
53,520.00
32,113.00
21,407.00
60.000%
Interest
0.00
0.00
0.00
0.000%
Transferin
0.00
0.00
0.00
0,000%
TOTAL PARKS & RECREATION
53,520.00
32,113.00
21,407.00
60.000%
CIVIC CENTER
Developer fees
59,700.00
35,899.51
23,800.49
60.130%
Interest
0.00
0.00
0.00
0.000%
Transfer in
0.00
0.00
0.00
0.000%
TOTAL CIVIC CENTER
59,700.00
35,899.51
23,800.49
60.130%
LIBRARY DEVELOPMENT
Developer fees
21,300.00
12,781.00
8,519.00
60.000%
Interest
0.00
0.00
0.00
0.000%
Transfer in
0.00
0.00
0.00
0.000%
TOTAL LIBRARY DEVELOPMENT
21,300.00
12,781.00
8,519.00
60.000%
COMMUNITY CENTER
Developer fees
4,440.00
2,664.00
1,776.00
60.000%
Interest
5,000.00
3,519.18
1,480.82
70.380%
TOTAL COMMUNITY CENTER
9,440.00
6,183.18
3,256.82
65.500%
.,.o 068
CITY OF LA OUINTA
ALL OTHER FUNDS REVENUE DETAIL
0710112009 •03131/2010
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
4,020.00
2,594.00
1,426.00
64.530%
500.00
477.21
22.79
95,440%
102,539.00
102,707.92
(168.92)
100.160%
107,059.00
105,779.13
1,279.87
98,800%
1,320.00 792.00 528.00 60.000%
160.00 158.66 1.34 99.160%
1,480.00 950.66 529.34 64.230%
8,400.00 5,084.76 3,315.24 60.530%
0.00 0.00 0.00 0.000%
8,400.00 5,084.76 3,315.24 60.530%
ARTS IN PUBLIC PLACES REVENUE:
Arts in Public Places
33,525.00
14,842.59
18,682.41
44,270%
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
1,000.00
1,000.00
0.00
100.000%
Interest
3,800.00
2,753.13
1,046.87
72.450%
TOTAL ARTS IN PUBLIC PLACES
38,325.00
18,595.72
19,729.28
48,520%
INTEREST ALLOCATION FUND:
Pooled Cash Allocated Interest 0.00 0.00 0.00 0.000%
Transfer In 0.00 0.00 0.00 0.000%
TOTAL INTEREST ALLOCATION 0.00 0.00 0.00 0,000%
""•`t 069
N
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
58821-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 - 03/31/2010
ADJUSTED REMAINING %
BUDGET RECEIVED BUDGET RECEIVED
1,945,323.00
90,704.57
1,854,618.43
4.660%
50,851.00
49,291.00
1,560.00
96.930%
0.00
0.00
0.00
0.000%
9,523,273.00
40,642.14
9,482,630.86
0.430%
0.00
0.00
0.00
0.000%
0.00
0.00
0.00
0.000%
160,160.00
0.00
160,160.00
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
43,500.00
446,608.00
8.880%
0.00
0.00
0.00
0.000%
86,453,483.00
5,429,266.44
81,024,216.56
6.280%
98,710,498.00
5,653,404.15
93,057,093.85
117.180%
0.00
0.00
0.00
0.000%
15,407.00
15,406.71
0.29
100.000%
1,535.00
1,535.00
0.00
100.000%
795.00
794.72
0.28
99.960%
10,000.00
7,157.37
2,842.63
71.570%
0.00
0.00
0.00
0.000%
27,737.00
24,893.80
2,843.20
89.750%
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
6,000.00
4,434.12
1,565.88
73.900%
Transfers In
0.00
0.00
0.00
0.000%
TOTAL INFORMATION TECHNOLOGY
337,044.00
335,478.12
1,565.88
99.540%
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%
6,500.00
4,571.24
1,928.76
70.330%
0.00
0.00
0.00
0.000%
6,500.00
4,571.24
1,928.76
70.330%
2,980,503.00
2,198,227.57
782,275.43
73.750%
109,296.00
64,963.00
44,333.00
59.440%
15,000.00
27,735.01
(12,735.01)
184.900%
0.00
0.00
0.00
0.000%
325,550.00
218,077.72
107,472.28
66.990%
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
2,509,003.30
921,345.70
73,140%
1,000.00 720.31 279.69 72.030%
68,307.00 0.00 68,307.00 0.000%
69,307.00 720.31 68,586.69 1.040%
2,000.00 2,000.00 0.00 100.000%
100.00 69.01 30.99 69.010%
2,100.00 2,069.01 30.99 98.520%
d�M.l 070
CITY OF LA QUINTA
OTHER CITY FUNDS
ADJUSTED
3131110
REMAINING
EXPENDITURE SUMMARY
BUDGET
EXPENDITURES
ENCUMBERED
BUDGET
LIBRARY FUND
INTEREST ADVANCE
4.000.00
2,257,88
0.00
1,742.12
CAPITAL PURCHASES
0.00
ODD
000
0,00
REIMBURSE GENERAL FUND
1,720,350.00
749,734,67
0.00
970,615.33
TRANSFER OUT
000
000
0.00
TOTAL LIBRARY FUND
GAS TAX
CONTRACT SERVICES
0.00
0.00
0,00
0.00
REIMBURSE GENERAL FUND
1,131,354.00
848,515.47
0.00
282,838.53
TRANSFER OUT
537,840.00
86,493,84
0.00
451,346.16
TOTAL GAS TAX FUND
FEDERAL ASSISTANCE FUND:
TRANSFER OUT
334,230.00
12,240.00
321,990.00
TOTAL FEDERAL ASSIBTANCE FUND
JAG GRANT
TRANSFER OUT
TOTAL JAG GRANT
86.303.00
32,307.20
0.00
53,995.80
SLESF(COPS)
I RANSFER OUT
TOTAL SLESF(COPS) FUND
1291544.00
29,543.32
O.W
100.000.68
INDIAN GAMING FUND
TRANSFER OUT
120.300,00
100,742.64
0.00
19.557.36
TOTAL INDIAN GAMING FUND
LIGHTING 8 LANDSCAPING ASSESSMENT
DIST:
REIMBURSE GENERAL FUND
973,182.00
734.627.98
0,00
238.55402
TRANSFER OUT
0.00
0.00
O.W
0.00
TOTAL LTGILANDSOAPING FUND
ROTC
TRANSFER OUT
1,970,763,00
1,327,798.02
0.00
642,964.98
TOTAL ROTC
DEVELOPMENT AGREEMENT FUND
CONSTRUCTION
0.00
0.00
0.00
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
9S16.01
TRANSFER OUT
0,00
0,00
0.00
0.00
TOTAL CRIME VIOLENT TASK FORCE
AS 939
OPERATING EXPENSES
83.500.00
10,O00.91
2.000.00
71,499.09
REIMBURSE GENERAL FUND
68,482.00
51,361 48
DW
17.120.52
TRANSFER OUT
205,000.00
5,356.57
O.W
199.643.43
TOTAL AS 939
QUIMBY FUND:
FEASIBILITY STUDY
0,00
0.00
ODD
0.00
REIMBURSE DEVELOPER FEES
0,00
0.00
0.00
0.00
I HANSFER OUI
9,617.%3.00
80,232.54
0OU
9.557,730.46
TOTAL QUIMBY
INFRASTRUCTURE FUND
CONSTRUCTION
0,00
0.00
0,00
0.00
REIMBURSE GENERAL FUND
0.00
0.00
0,00
000
TRANSFER OUT
397,578.W
4,502.50
O.IX/
393,073.50
TOTAL INFRASTRUCTURE
PROPOSITION 18 - SB 1266
TRANSFER OUT
TOTAL PROPOSITION 1 B FUND
608,885.00
29,U52.10
0 W
677,832.W
SOUTH COAST AIR DUALITY FUND
PROJECT EXPENDITURES
26.600.00
16.84786
0.00
9.752.14
TRANSFER OUT
345,982.00
48,987.46
0.00
296.994.54
TOTAL SOUTH COAST AIR QUALITY
CMAQ
PROJECT EXPENDITURES
0.00
0.00
0.00
0.00
TRANSFER OUT
1,163,000.00
0.00
0.00
1.163,000.00
TOTAL CMAQ
TRANSPORTATION
PROGRAM COSTS
0.00
0.00
0.00
0.00
CONTRIBUTION
0,00
0.GO
0.00
0.00
TRANSFER OUT
5,699.192.00
1,440,183.89
0.00
4,259,008.11
TOTAL TRANSPORTATION
PARKS S RECREATION
INTEREST ON ADVANCE
15.000,00
5,971.91
0.00
9,028.09
TRANSFER OUT
0.00
0.00
0.00
O.W
TOTAL PARKS S RECREATION
CIVIC CENTER
SERVICES
000
1,598.03
0.00
(1,598.03)
INTEREST ON ADVANCE
92,500.00
39,082.98
0.00
53,417 02
REIMBURSE GENERAL FUND
202,764.00
152,073,00
0.00
50,691 00
TRANSFER OUT
O.W
0.00
0.00
0.00
TOTAL CIVIC CENTER
LIBRARY DEVELOPMENT
PROGRAM COSTS
0.00
0.00
000
0.00
INTEREST ON ADVANCE
19,500.00
8.059.39
ODD
11,440.61
TRANSFER OUT
0.00
0.00
0.00
0.00
TOTAL LIBRARY DEVELOPMENT
10
CITY OF LA QUINTA
OTHER CITY FUNDS
ADJUSTED
W31I10
REMAINING
EXPENDITURE SUMMARY
BUDGET
EXPENDITURES
ENCUMBERED
BUDGET
COMMUNITY CENTER
PROGRAM COSTS
0.00
0.00
0.00
0.00
TRANSFER OUT
0.00
0.00
0,00
0.00
TOTAL COMMUNITY CENTER
STREET FACILITY
PROGRAM COSTS
0.00
0.0
O.W
000
INTEREST ON ADVANCE
4,250.00
206.70
0,00
4,043.30
TRANSFER OUT
2,476,39800
996,009.00
0.00
1,480389.00
TOTAL STREET FACILITY
PARK FACILITY
PROGRAM COSTS
0.00
0.00
0.00
0.00
TRANSFER OUT
102,53900
102,707.92
O.UO
I168.92
TOTAL PARK FACILITY
102,,539�RPPU7-.V2
-DUD--(f6H7R�
FIRE PROTECTION
INTEREST ON ADVANCE
9,25000
3,888.18
000
5.361.82
TRANSFER OUT
0,00
000
0.00
0.00
TOTAL FIRE PROTECTION DIF
ART IN PUBLIC PLACES FUND
MAINTENANCE EXPENSES-APP
30,00000
14,843.75
0.00
15,156.25
OPERATING EXPENSES-APP
6,20000
905.39
0.00
5,294.61
ART PURCHASES
603,030W
29,400.00
0.00
573.630.00
TRANSFER OUT
200,000.00
0.00
0.00
200.000.00
TOTAL ART IN PUBLIC PLACES
CAPITAL IMPROVEMENT FUND
PROJECT EXPENDITURES
97,591,364,00
5,523.486.55
31.837.69
92,036.03976
PROJECT REIMBURSEMENTS TO GEN FUND
1,119,134.00
129,917.60
0,00
989,21640
TRANSFER OUT
0.00
0.00
0.00
0.00
TOTAL CAPITAL IMPROVEMENT
EQUIPMENT REPLACEMENT FUND
OPERATING EXPENSES
707,185.00
137,353,44
543.75
569,287.81
CAPITAL PURCHASES
47.422.00
28,1111.11
0.00
18.510,89
TRANSFER OUT
600,000.00
600,000.00
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
490,772,00 207,834.57 1,400,00 281,53Z43
32,150.00 22,496.98 O.W 9.653.02
TOTAL INFORMATION TECHNOLOGY 291.190.45
25,500.00 0,00 0.00 25,50000
0.00 0.00 0.00 0.00
953.431.00 600,000.00 0.00 353,431.00
TOTAL PARK MAINTENANCE FAG
4,025,464.00 2,919.617.12 659,527.86 446,319.02
68,307.00 0.00 0,00 68,307.00
TOTAL SILVERROCK GOLF
0.00 0 W 0,00 0.00
TOTAL SILVERROCK GOLF RESERVE
TOTAL LA QUINTA PUBLIC SAFETY 2,000.00 0.00 0.00 2,000.W
Mw 072
11
Tait 4a4u&rw
COUNCIL/RDA MEETING DATE: May 18, 2010
ITEM TITLE: Adoption of a Resolution Accepting a
Donation from Tustin Larson
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Adopt a Resolution of the City Council accepting a donation from Tustin Larson.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Tustin Larson, a City employee, would like to donate an exercise treadmill to the City
of La Quinta for use by other employees in the fitness room at City Hall. The item is
called a "Trotter CXT," is approximately 10 years old and is still in very good condition
(Attachment 1). The Trotter CXT will replace the existing treadmill, which was
donated by the La Quinta City Employees' Association as a well -used machine more
than 17 years ago. Once the donation is accepted, Tustin Larson will retain no rights
to the donation of the item donated.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
Adopt a Resolution of the City Council accepting a donation from Tustin Larson;
or
013
2. Do not adopt a Resolution of the City Council accepting a donation from Tustin
Larson; or
2. Provide staff with alternative direction
Respectfully submitted,
Bret Plumlee, Assistant City Manager —
Management Services
Approved for submission by:
Thomas P. Genovese, City Manager
Attachment: 1 . Photo of Trotter CXT Exercise Treadmill
RESOLUTION NO. 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, ACCEPTING
A DONATION FROM TUSTIN LARSON
WHEREAS, on May 18, 2010, Tustin Larson generously offered a donation
of an exercise treadmill to be given to the City of La Quinta as a contribution for all
employees for use in the fitness room at City Hall; and
WHEREAS, the gift was offered for donation 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 exercise
treadmill as a contribution to all employees for use in the fitness room
at City Hall.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held on this 18`" day of May, 2010, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta, California
1. 075
Resolution No. 2010-
Tustin Larson Donation
Adopted: May 18, 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
4. 016
INII
�'
T4&t 4 aCP Qum&
COUNCIL/RDA MEETING DATE: May 18, 2010
ITEM TITLE: Approval of a Joint Use Agreement with
Desert Sands Unified School District for Use of the
Colonel Paige Middle School Fields
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve a Joint Use Agreement (Attachment 1) with Desert Sands Unified School
District (DSUSD) for Use of Colonel Paige Middle School Fields, and authorize the City
Manager to execute the Agreement.
FISCAL IMPLICATIONS:
Funds have been approved in the City's Capital Improvement Program for the
installation of sports lighting. Funding for the operation and maintenance of the fields
and lighting, estimated at $38,400, will result in a Change Order to our existing park
maintenance contract when the improvements are completed and accepted by the
City.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Since August 2007, the City has utilized the Colonel Paige Middle School Fields for
Saturday games for the younger children in the American Youth Soccer Organization
(AYSO) soccer program. Due to the growth of youth participation in local sports
programs, the demands on La Quinta Park and the Sports Complex have continued to
increase. La Quinta AYSO has over 1,750 children in the program. To reduce the
increased field use, City staff is collaborating with DSUSD to use Colonel Paige Middle
School fields. The City is unable to maximize the use of the fields because there are
no sports lights for evening practices and games.
On June 16, 2009, City Council approved a Professional Services Agreement with
MRC Engineering to develop the lighting plan, specifications and engineers estimates
for the implementation of sports lighting at Colonel Paige Middle School.
,$ 078
On January 12, 2010, a conditional use permit for the sports lighting to be added to
the Colonel Paige Middle School Fields was approved by the Planning Commission.
The Joint Use Agreement identifies the conditions for use by the City and the School
District. The City will be responsible for the ongoing maintenance of the fields and the
costs associated with the field lighting. This agreement is similar to the Sports
Complex Joint Use Lease Agreement. It is also anticipated that other sports
associations such as La Quinta/Palm Desert Football and La Quinta Sports and Youth
Association may use these fields. City staff under the terms of this agreement will
schedule after school and weekend use of the sports fields for the sports associations
and non profit agencies. This agreement was approved by the Desert Sands Unified
School District School Board on May 4, 2010.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve a Joint Use Agreement with Desert Sands Unified School District for
Use of the Colonel Paige Middle School Fields, and authorize the City Manager
to execute the Agreement; or
2. Do not Approve a Joint Use Agreement with Desert Sands Unified School
District for Use of the Colonel Paige Middle School Fields; or
3. Provide staff with alternative direction.
Respectfully submitted,
Edie Hylton
Community Services Director
Approved for submission by:
Thomas P. Genovese, City Manager`
Attachment: 1. Joint Use Agreement with Desert Sands Unified School
District for Colonel Paige Middle School Fields
ATTACHMENT 1
JOINT USE LEASE AGREEMENT
This Joint Use Lease Agreement (the "Lease") is hereby entered into by and
between the DESERT SANDS UNIFIED SCHOOL DISTRICT, a school district organized and
existing under the laws of the State of California (the "District"), and THE CITY OF LA
QUINTA, a municipal corporation (the "City"), as of this day of
2010.
RECITALS
WHEREAS, the District is the owner of certain real property located in the City of La
Quinta consisting of approximately 24.65 acres and more commonly known as the Colonel
Paige Middle School ("Site"); and
WHEREAS, the City desires to lease from the District, and the District desires to
lease to the City, certain property located within the Site more particularly and legally
described in Exhibit A, attached hereto and incorporated herein by this reference (the
"Premises"), which the City intends to utilize for recreation purposes; and
WHEREAS, as a condition of the Lease, the District has agreed to allow the City to
utilize, subject to the restrictions and conditions set forth herein, a 9.75 acre portion of the
Colonel Paige Middle School, which is depicted on the Site Map attached hereto as Exhibit
B and incorporated herein by reference (the "Colonel Paige Middle School Fields"); and
WHEREAS, Colonel Paige Middle School fields shall be referred to herein as the
"Joint Use Property"; and
WHEREAS, this Lease sets forth the terms and conditions for the City's use of the
Joint Use Property, as well as the rights and obligations of the parties hereto with respect
to construction and maintenance of improvements on the Joint Use Property.
AGREEMENT
NOW THEREFORE, in consideration of the recitals set forth above, the covenants
and agreements set forth herein, and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, the District and the City agree as
follows:
1. Dates and Times of Use.
1.1 District Use. The District shall have the sole right to utilize the Joint Use
Property Monday through Friday from 7 a.m. to 4 p.m., exclusive of District
holidays (the "Routine Use Schedule"). In addition, the District and the City agree
to meet on an annual basis, during the first fiscal month of the District's fiscal year,
at which time the District shall notify the City of the dates and times of certain
District special events. The District shall have the sole right to use the Joint Use
Property during such dates and times in addition to its Routine Use Schedule (the
"Special Event Schedule"). Said Special Event Schedule shall be annually attached
to this Lease as Exhibit C and shall be incorporated herein by this reference and
expressly made a part of the Lease.
08O
1.2 City Use. Except during those times set forth in the Special Event Schedule
established annually by the District, the City shall have the sole and exclusive right
to utilize the Joint Use Property Monday through Friday from 4 p.m. to 9 p.m., and
on Saturdays and Sundays and all District holidays from 7 a.m. to 9 p.m. The City
shall use the Joint Use Property for public uses in accordance with the City's
Municipal Code.
2. Limitations on Use.
2.1 District Uses. The District shall have the right to use the Joint Use Property
for any and all uses authorized under the California Education Code, so long as such
use does not materially interfere with the City's rights to use of the Joint Use
Property as set forth herein. Parking shall be permitted on only those portions of
the Joint Use Property which have been set aside and paved for parking.
2.2 City Uses. The City may utilize the Joint Use Property during the times set
forth in Section 1.2 for parking (but only those portions of the Joint Use Property
which have been set aside and paved for parking), and City sponsored or affiliated
recreational uses.
3. Mutual Indemnity and Release. City and the District hereby agree to indemnify,
defend, and hold harmless the other party and its officers, employees, agents and
independent contractors (collectively, "Indemnitees") from and against any and all of
claims, causes of action, obligations, losses, liabilities, judgments, or damages, including
reasonable attorneys' fees and costs of litigation (collectively "Claims") arising out of
and/or in any way relating to the indemnifying party's activities in the performance of this
Lease, or to the indemnifying party's acts and/or omissions in providing or administering
the same, excepting only those claims, actions, obligations, losses, liabilities, judgments,
or damages arising out of the sole negligence, active negligence or willful misconduct of
the Indemnitees.
4. Insurance. The Parties agree to provide insurance in accordance with the provisions
of this Section 4.
4.1 City's Insurance Obligation. Without limiting the indemnification provisions
provided herein, the City, at its sole expense, shall obtain and keep in force during
the term of this Lease and any extensions thereof, a policy or policies of general
liability insurance covering all injuries to persons and damage to property occurring
in, upon or about the Premises resulting from any actions or omissions of the City
or any use of the Premises by the City or its invitees in accordance with the terms
of this Lease. The policy or policies evidencing such insurance shall name the
District and its officials, officers, employees, and agents as additional insureds, shall
provide that same may not be cancelled or amended without thirty (30) days prior
written notice to the District, and shall provide for a combined single limit coverage
of bodily injury and property damage in the amount of not less than One Million
Dollars ($1,000,000). Such policy or policies shall be issued by an insurance
company licensed to do business in the State of California and be rated A-/VIII or
better by ambest.com. Prior to the Commencement Date of this Lease, and upon
renewal of such policies, the City shall submit to the District certificates of
insurance and any applicable endorsements evidencing that the foregoing policy or Q F51
policies are in effect. At the City's option, CITY shall be allowed to self -insure the
insurance coverages as required above.
4.2 District's Insurance Obligation. Without limiting the indemnification
provisions provided herein, the District, at its sole expense, shall obtain and keep in
force during the term of this Agreement and any extensions thereof, a policy or
policies of general liability insurance covering all injuries to persons and damage to
property occurring in, upon or about the Premises resulting from any actions or
omissions of the District or any use of the Premises by the District or its invitees.
The policy or policies evidencing such insurance shall name the City and its officials,
officers, employees, and agents, as additional insureds, shall provide that same may
not be cancelled or amended without thirty (30) days prior written notice to the
City, and shall provide for a combined single limit coverage of bodily injury and
property damage in the amount of not less than One Million Dollars ($1,000,000).
Such policy or policies shall be issued by an insurance company licensed to do
business in the State of California and be rated A-/VIII or better by ambest.com.
Prior to the Commencement Date of this Agreement, and upon renewal of such
policies, the District shall submit to the City certificates of insurance and any
applicable endorsements evidencing that the foregoing policy or policies are in
effect. At the District's option, District shall be allowed to self -insure the insurance
coverages as required above.
5. Improvements to the Joint Use Property.
5.1 Sports Field Lighting. The City shall add sports field lighting at its sole cost
and expense to the Joint Use Property in accordance with District standards.
6. Maintenance of Joint Use Property. The Joint Use Property shall be maintained
(irrigation system and turf) by the City in accordance with the standards set forth in the
City's Maintenance Standards for Parks and Sports fields.
6.1 District Share of Water Costs. Water usage for the Joint Use Property will
be billed to the District and the District shall promptly pay all such water bills.
6.2 Other Utilities. The City shall be responsible for paying all electrical bills
incurred with respect to the operation of the Joint Use Property.
6.3 Other Maintenance Costs. The City shall be responsible for contracting for
the general maintenance and upkeep of the Joint Use Property. Such contract shall
provide for the maintenance of the Joint Use Property consistent with the standards
set forth in the City's approved landscape maintenance guidelines.
7. Term of Lease. This Lease shall become effective July 1, 2010, and shall remain in
effect for a term of thirty (30) years, unless earlier terminated as provided hereafter. Either
party may terminate this Lease providing the other with six (6) months prior written notice
of the termination date.
8. Default. Failure or delay by either party to perform any covenant, condition or
provision of this Lease within the time provided herein constitutes a default under this
Lease. The injured party shall give written notice of default to the party in default, clearly
detailing the default to be cured. The defaulting party shall immediately commence to cure 082
0n..
such default and shall diligently complete such cure within thirty (30) days from the date
of the notice or such longer period if the nature of the default is such that more than thirty
(30) days is required to cure such default. Notwithstanding any other provision of this
Lease, the injured party shall have the right to immediately terminate this Lease by written
notice to the other party in the event of a default which is not cured within the time set
forth in this section.
9. Attorneys' Fees. In the event any declaratory or other legal or equitable action is
instituted between City and District in connection with this Lease, the prevailing party shall
be entitled to recover from the losing party all of its costs and expenses, including court
costs and reasonable attorneys' fees, and all fees, costs and expenses incurred on any
appeal or in collection of any judgment.
10. Notices. Any notice, request, demand, consent, approval or other communication
required or permitted hereunder or by law shall be validly given or made only if in writing
and delivered in person to an officer or duly authorized representative of the other party, or
deposited in the United States mail, duly certified or registered (return receipt requested),
postage prepaid, or delivered through another commercially reasonable method, including
facsimile transmission and addressed to the party for whom intended, as follows:
If to City: City of La Quinta
Attn: City Manager
78-495 Calle Tampico
La Quinta, CA 92253
Fax: (760) 777-7101
If to District: Desert Sands Unified School District
Attn: Superintendent
47-950 Dune Palms Road
La Quinta, CA 92263
Fax: (760) 771-8522
Any party may from time to time, by written notice to the other, designate a different
address which shall be substituted for that specified above. If any notice or other
document is sent by mail as aforesaid, the same shall be deemed fully delivered and
received forty-eight (48) hours after mailing as provided above. If any notice or document
is sent by facsimile transmission, the same shall be deemed fully delivered and received
upon the transmission to the sender of a facsimile confirmation sheet.
11. Gender and Number. In this Lease (unless the context requires otherwise), the
masculine, feminine and neuter genders and the singular and the plural shall be deemed to
include one another, as appropriate.
12. Entire Lease. This Lease and its exhibits, each of which is incorporated herein by
reference as though set forth in full, constitute the entire agreement between the parties
hereto pertaining to the subject matter hereof, and the final, complete and exclusive
expression of the terms and conditions thereof. All prior agreements, representations,
negotiations and understanding of the parties hereto, oral or written, express or implied,
are hereby superseded and merged herein.
13. Captions. The captions used herein are for convenience only and are not a part of
this Lease and do not in any way limit or amplify the terms and provisions hereof. r 03
14. Governing Law. This Lease and the exhibits attached hereto have been negotiated
and executed in the State of California and shall be governed by and construed under the
laws of the State of California.
15. Invalidity of Provision. If any provision of this Lease as applied to any party or to
any circumstance shall be adjudged by a court of competent jurisdiction to be void or
unenforceable for any reason, the same shall in no way affect (to the maximum extent
permissible by law) any other provision of this Lease, the application of any such provision
under circumstances different from those adjudicated by the court, or the validity or
enforceability of this Lease as a whole.
16. Amendments. No addition to or modification of any provision contained in this
Lease shall be effective unless fully set forth in writing by District and City.
17. Counterparts. This Lease may be executed in one or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute but one and
the same instrument.
18. Binding Upon Successors. The terms and conditions, covenants, and agreements
set forth herein shall apply to and bind the heirs, executors, administrators, assigns and
successors of the parties hereof.
19. Fingerprinting. The City sanctioned Sports Associations including La Quinta AYSO,
La Quints Sports & Youth Association, and Palm Desert/La Quinta Football require all board
members and volunteer coaches be fingerprinted prior to participating within the leagues.
Any additional Sports Association field use contracted through the City would also require
fingerprinting of staff and volunteers.
-- SIGNATURES BEGIN ON NEXT PAGE --
'a ^ 084
IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and
year set forth herein above.
ATTEST:
School District Secretary
APPROVED AS TO FORM:
Dannis Woliver Kelley
School District Special Counsel
Date
ATTEST:
Veronica J. Montecino, CMC
City Clerk
APPROVED AS TO FORM:
M. Katherine Jenson
City Attorney
DISTRICT:
DESERT SANDS UNIFIED SCHOOL DISTRICT, a
school district organized and existing under the
laws of the State of California
e-
Its:
"CITY"
CITY OF LA QUINTA, a municipal corporation
Thomas P. Genovese, City Manager
�.." 085
EXHIBIT A
LEGAL DESCRIPTION OF THE COLONEL PAIGE SPORTS FIELDS PROPERTY
The Colonel Paige Sports Fields are located within 14.33 Acres M/L in FOR PAR 4 PM
184/087 PM 27131 Riverside, California.
CNN 086
EXHIBIT B
MAP OF COLONEL PAIGE MIDDLE SCHOOL FIELDS
EXHIBIT C
SPECIAL EVENT SCHEDULE
City staff will meet with Desert Sands Unified School District staff on an annual basis to
identify dates of special events.
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^� OF T
COUNCIL/RDA MEETING DATE: May 18, 2010 AGENDA CATEGORY:
BUSINESS SESSION:
ITEM TITLE: Denial of Claim for Damages Filed by: Peter CONSENT CALENDAR:
R. McWilliams; Date of Loss — May 3, 2010
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
Deny the Claims for Damages filed by Peter R. McWilliams; Date of Loss — May 3,
2010.
FISCAL IMPLICATIONS:
The total amount of the claim is $480.44.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
A claim was filed by Peter R. McWilliams with a reported date of loss of May 3, 2010
(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:
Deny the Claim for Damages filed by Peter R. McWilliams, with a reported
date of loss of May 3, 2010; or
1. 089
2. Accept the claim, or some portion thereof; or
3. Provide staff with alternative direction.
Respectfully submitted,
zoA--&
Bret M. Plumlee,
Assistant City Manager — Management Services
Approved for submission by:
l
Thomas P. Genovese, City Manager
Attachment: 1. May 3, 2010 Claim for Damages
090
ATTACHMENT 1
From: Peter R. McWilliams [mailto:petermacl@fea.net]
Sent: Monday, May 03, 2010 5:10 PM
To: City Managers Office
Subject: Burst Tires Due To Too Small Street Entrance & Too High Curb Construction/Let Down
Importance: High
Dear Mr. Genovese:
I am writing to make a claim to be reimbursed for the cost of replacing my
two right -side tires which were burst upon my turning into the La Quinta
Post office, located at 79125 Corporate Center Drive, at approximately 1:00
PM today.
I have attached several pictures showing the tire/wheel damage to my vehicle
and of the street entrance/curb area where the incident took place. One can
quite plainly see where many similar incidents of hitting this curb have
taken place in the past - see in particular photos #s 10, & 12.
I had exited the shopping center immediately to the west of the post office
driveway and made a right hand turn into the post office parking lot.
Because the turning radius is too tight - combined with having to leave room
for exiting cars from the post office - I was forced to ride up on the curb
on the right side.
This resulted in the right hand tires bursting - even though my speed was
under five (5) MPH - and me having to replace all four tires at a cost of
$960.89. However I am only submitting a claim for half that amount -
$480.44. Luckily, even though now damaged and unsightly, my chrome rims
were not bent, as they run $1,000 per wheel to replace.
Upon entering the post office, I spoke with one of the employees, who told
me this kind of incident "happens frequently", and further they have
complained to the City of La Quinta on many occasions in the past to do
something about the situation.
I just now got off the phone with the post -mistress who told me (not
surprisingly) they would not take any responsibility, and that my only
recourse was the City.
Please get back to me at your earliest convenience, Mr. Genovese. I will
provide you with an invoice backing up my claim at the time you agree to
reimburse me.
Sincerely,
Peter R. McWilliams, B.Sc., M.B.A.
44523 Saint Andrews Place
West Indio, CA 992201
-as..
9
091
Claims\McWilliams -post office tires 5-3-10\email from McWilliams 5-... 5/10/2010
Page 2 of 2
BlackBerry: 949.981.0144
Direct/Facsimile: 760.296.3652
petermaclRfea.net
Confidentiality Notice. This e-mail message, including any attachments, is for the sole use of the Intended recipients) and may contain material that is
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express permission is strictly prohibited If you are not the intended recipient please contact the sender by reply e-mail and delete and destroy all
copies of the original message. Thank You.
092
Claims\McWilliams -post office tires 5-3-10\email from McWilliams 5-... 5/10/2010
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COUNCIL/RDA MEETING DATE: May 18, 2010 AGENDA CATEGORY:
ITEM TITLE: Adoption of a Resolution Amending the BUSINESS SESSION:
Fiscal Year 2009-2010 City of La Quinta Appropriation CONSENT CALENDAR:
Limit
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
Adopt a Resolution of the City Council amending the Fiscal Year 2009-2010 City of
La Quinta Appropriation Limit.
FISCAL IMPLICATIONS:
The City of La Quinta appropriation limit is amended (Attachment 1) to increase the
limit by an additional $1,447,748 to $89,500,065.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
At the City Council Meeting of July 9, 2009, the City Council adopted Resolution
2009-058 establishing the appropriation limit for the 2009-2010 Fiscal Year. The
approved limit was $88,355,317. The population percentage change from 2008-2009
to 2009-2010 was incorrectly stated at 1.1 1 % rather than the correct rate of 2.42%.
As a result, the appropriation limit is increased to $89,500,065.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
-.. 095
1. Adopt a Resolution of the City Council amending Fiscal Year 2009-2010
appropriation limit
2. Do not adopt a Resolution of the City Council amending Fiscal Year 2009-
2010 appropriation limit; or
3. Provide staff with alternative direction.
Respectfully submitted,
/""`r
John M. Falconer, Finance Director
Approved for submission by:
Thomas P. Genovese, City Manager
Attachment: 1. City of La Quinta Fiscal Year 2009-2010
Amended Appropriation limit
•a.. r, 096
RESOLUTION NO. 2010 -
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, AMENDING
RESOLUTION 2009-058 ESTABLISHING THE
CITY'S APPROPRIATION LIMIT FOR FISCAL YEAR
2009-2010
WHEREAS, the City Council desires to amend the City's appropriation limit for
Fiscal Year 2009-2010 as previously approved and adopted Resolution 2009-058; and
WHEREAS, Section 7910 of the government Code of the State of California
provides that each year the governing body of each local jurisdiction shall, by
resolution, establish its appropriations limit for the following fiscal year; and
WHEREAS, Section 7902(b) of the Government Code sets forth the method for
determining the said appropriations limit, to be based upon the limit applicable for the
prior fiscal year and adjusted for changes in the cost -of -living and in City population.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta does hereby amends Resolution 2009-058 as follows and does hereby
determine that all other provisions and contents of said resolution shall remain in
effect:
SECTION 1 . The appropriations limit for the City of La Quinta established in
accordance with Section 7902(b) of the California Government Code, for Fiscal Year
2009-2010 is $89,500,065 which is $1,447,748 greater than previously reported.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City
Council held on this 18th day of May, 2010, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta, California
097
Resolution No. 2010-
Amended Appropriation Limit FY 2009-2010
Adopted: May 18, 2010
Page 2
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
098
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Fy OF MF
COUNCIL/RDA MEETING DATE: May 18, 2010
►TEM T►TLE: Approval of Amendment No. 2 to the
Maintenance Services Agreement with CleanStreet for
Mechanical Street Sweeping Services
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: ZS
STUDY SESSION:
PUBLIC HEARING:
Approve Amendment No. 2 to the existing maintenance services agreement for
mechanical street sweeping services (Attachment 1) with CleanStreet to continue
services for an additional year (July 1, 2010 through June 30, 20111 and authorize the
City Manager to execute the amendment.
FISCAL IMPLICATIONS:
Public Works staff spoke with the contractor about lowering their linear curb mile fee.
The contractor agreed to lower the fee from $25.52 to $25.32 per linear curb mile if
Amendment No. 2 is approved by City Council. The new lower rate would take effect
July 1, 2010 through June 30, 2011. It is anticipated that if Amendment No. 2 is
approved, and based on past history, this maintenance service agreement will be
approximately $104,014 in Fiscal Year 2010-201 1 . The current contract amount for
this agreement in Fiscal Year 2009-2010 is $104,836.
Adequate funds for street sweeping services have been proposed in the Fiscal Year
2010-2011 budget, Account No. 101-7003-431.44-10.
CHARTER CITY IMPLICATIONS:
The referenced services are funded by the General Fund. Therefore, under the Charter
City status, the City is not required to pay prevailing wage rates.
BACKGROUND AND OVERVIEW:
During the July 1, 2008, City Council meeting, the City Council approved a
maintenance services agreement in the amount of $104,836 with CleanStreet to
OOT
provide street sweeping services for Fiscal Year 2008-2009 and authorized the City
Manager to execute the agreement (Attachment 2).
Exhibit C Schedule of Performance in the original maintenance service agreement
allowed the City and contractor to extend the agreement for up to three (3) one-year
terms, renewable at the beginning of each fiscal year through Fiscal Year 201 1-2012.
On June 16, 2009, the City Council approved Amendment No. 1 to the maintenance
services agreement extending the term for mechanical street sweeping services from
July 1, 2009 through June 30, 2010. This was the first one-year extension.
The City and contractor now wish to enter into Amendment No. 2 to the maintenance
services agreement extending the term for mechanical street sweeping services from
July 1, 2010 through June 30, 2011 at a new lower rate of $25.32 per linear curb
mile swept. In addition, language has been added to the Amendment No. 2 that
requires the contractor to assist the City in its public outreach efforts and commits the
contractor to using alternative fuel equipment to sweep City streets.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
Approve Amendment No. 2 to the maintenance services agreement with
CleanStreet for mechanical street sweeping services extending the term for one
additional year and authorize the City Manager to execute the amendment; or
2. Do not approve Amendment No. 2 to the maintenance services agreement with
CleanStreet for mechanical street sweeping services extending the term for one
additional year and do not authorize the City Manager to execute the
amendment; or
3. Provide staff with alternative direction.
Respectfully submitted,
�mothy . on on, P.E.
Public Wo s Di ctor/City Engineer
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. Amendment No. 2
2. Maintenance Services Agreement
•, 102
ATTACHMENT 1
AMENDMENT NO. 2 TO MAINTENANCE SERVICES AGREEMENT WITH
CLEANSTREET FOR MECHANICAL STREET SWEEPING SERVICES
THIS AMENDMENT NO. 2 TO MAINTENANCE SERVICES AGREEMENT WITH
CLEANSTREET FOR MECHANICAL STREET SWEEPING SERVICES ("Amendment
No. 2") is made and entered into as of the _ day of , 2010 ("Effective
Date"), by and between the CITY OF LA QUINTA, ("City"), a California municipal
corporation, and CleanStreet ("Contractor').
RECITALS
A. On or about July 1, 2008, the City and Contractor entered into a
Maintenance Services Agreement for mechanical street sweeping services. The
term of this original agreement was July 1, 2008 through June 30, 2009.
B. Pursuant to Exhibit C Schedule of Performance of the original
Maintenance Services Agreement, the City and Contractor may extend the term of
the agreement for up to three (3) additional years (extended terms) upon mutual
agreement by both parties.
C. On June 16, 2009, the City approved Amendment No. 1 to the
original Maintenance Services Agreement, extending the term for one (1) additional
year (first extended term) July 1, 2009 through June 30, 2010.
D. Contractor and City now wish to amend the original Maintenance
Services Agreement to extend the term for one (1) additional year (second
extended term); update Exhibit B Schedule of Compensation; and update Exhibit D
Special Requirements.
AMENDMENT:
In consideration of the foregoing Recitals and the covenants and promises
hereinafter contained, and for good and valuable consideration, the sufficiency and
receipt of which are hereby acknowledged, the parties hereto agree as follows:
As provided in Exhibit C Schedule of Performance, the City and Contractor have
agreed to a second extended term commencing July 1, 2010 through June 30,
2011.
Exhibit B Schedule of Compensation of the original Maintenance Services
Agreement is replaced, in its entirety, with the following:
-00. 1C3
Payment shall be provided to the Contractor for services rendered based upon each
curb mile swept. Compensation shall be provided at $25.32 per curb mile. Total
compensation for all work under this contract shall not exceed One Hundred Four
.Thousand Fourteen Dollars and Fifty Six Cents ($104,014.56) for the second
extended term of July 1, 2010 through June 30, 2011 except as specified in
Section 1.6 Additional Services of the Agreement.
The following is a summary of costs to provide the services outlined within Exhibit
A of this Agreement for Mechanical Street Sweeping Services.
Item Description
Unit
I Estimated Quantity
Unit Cost
Extended Cost
Street Sweeping
Linear Mile
179.0
$25.32
$2,000.28
TOTAL $2,000.28 per week
Exhibit D Special Requirements of the original Maintenance Services Agreement is
replaced, in its entirety, with the following:
The City of La Quinta will provide the Contractor with a disposal site for the refuse
collected within the City of La Quinta Corporate Boundary. The City and the
Contractor will be responsible for disposal of refuse.
The Contractor will participate in at least one (1) public outreach event, to be
determined by the City, and provide an operator, street sweeper and literature and
information to inform the public about the use of alternative fuel CNG street
sweepers and the air quality control benefits of sweeping streets.
The Contractor will use vehicles with dedicated alternative fuel sources (i.e.
compressed natural gas (CNG)) to fulfill the Maintenance Services Agreement with
the City for mechanical street sweeping services..
IN WITNESS WHEREOF, the City and Contractor have executed this
Amendment No. 2 to the Maintenance. Services Agreement with CleanStreet for
mechanical -street sweeping services on the respective dates set forth below.
CITY OF LA QUINTA a California municipal corporation
Thomas P. Genovese, City Manager Date
1".. 104
i
ATTEST:
3`
Veronica J. Montecino, CMC, City Clerk
APPROVED AS TO FORM:
M. Katherine Jenson, City Attorney
CONTRACTOR: Cle7;&
/�
By:
Name: Rick Anderson
Titre: Secretary
Date: April 28, 2010
ATTACHMENT 2
MAINTENANCE SERVICES AGREEMENT
THIS MAINTENANCE SERVICES AGREEMENT (the "Agreement") is made and
entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal
corporation, and CLEAN STREET ("Contractor"). The parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Contractor shall provide those services related to Mechanical Street Sweeping
as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated
herein by this reference (the "services" or "work"). Contractor warrants that all services
will be performed in a competent, professional and satisfactory manner in accordance with
the standards prevalent in the industry for such services.
1.2 Compliance with Law. All services rendered hereunder shall be provided in
accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the
City of La Quinta and any Federal, State or local governmental agency of competent
jurisdiction.
1.3 Licenses Permits, Fees and Assessments. Except as otherwise specified
herein, Contractor shall obtain at its sole cost and expense such licenses, permits and
approvals as may be required by law for the performance of the services required by this
Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and
taxes, plus applicable penalties and interest, which may be imposed by law and arise from
or are necessary for the performance of the services required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that
(a) it has thoroughly investigated and considered the work to be performed, (b) it has
investigated the site of the work and fully acquainted itself with the conditions there
existing, (c) it has carefully considered how the work should be performed, and (d) it fully
understands the facilities, difficulties and restrictions attending performance of the work
under this Agreement. Should Contractor discover any latent or unknown conditions
materially differing from those inherent in the work or as represented by City, it shall
immediately inform City of such fact and shall not proceed except at Contractor's risk until
written instructions are received from the Contract Officer (as defined in Section 4.2
hereof).
1.5 Care of Work. Contractor shall adopt reasonable methods during the life of the
Agreement to furnish continuous protection to the work performed by Contractor, and the
equipment, materials, papers and other components thereof to prevent losses or damages,
and shall be responsible for all such damages, to persons or property, until acceptance of
the work by City, except such losses or damages as may be caused by City's own
negligence. The performance of services by Contractor shall not relieve Contractor from
any obligation to correct any incomplete, inaccurate or defective work at no further cost to
City, when such inaccuracies are due to the negligence of Contractor.
a�. 10
L
1.6 Additional Services. In accordance with the terms and conditions of this
Agreement, Contractor shall perform services in addition to those specified in the Scope of
Services when directed to do so by the Contract Officer, provided that Contractor shall not
be required to perform any additional services without compensation. Any addition in
compensation not exceeding five percent (5%) of the Contract Sum may be approved by
the Contract Officer. Any greater increase must be approved by the City Council.
1.7 Special Requirements. Additional terms and conditions of this Agreement, if
any, which are made a part hereof are set forth in Exhibit "Y (the "Special
Requirements"). In the event of a conflict between the provisions of the Special
Requirements and any other provisions of this Agreement, the provisions of the Special
Requirements shall govern.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Contractor shall be compensated in accordance with Exhibit "B" (the "Schedule of
Compensation") in a total amount not to exceed One Hundred Four Thousand Eight
Hundred Thirty -Six Dollars and Sixteen Cents ($104,836.16) (the "Contract Sum"), except
as provided in Section 1.6. The method of compensation set forth in the Schedule of
Compensation may include a lump sum payment upon completion, payment in accordance
with the percentage of completion of the services, payment for time and materials based
upon Contractor's rate schedule, but not exceeding the Contract Sum, or such other
methods as may be specified in the Schedule of Compensation. Compensation may
include reimbursement for actual and necessary expenditures for reproduction costs,
transportation expense, telephone expense, and similar costs and expenses when and if
specified in the Schedule of Compensation.
2.2 Method of Payment. Any month in which Consultant wishes to receive
payment, Consultant shall submit to City no later than the tenth (11Oth) working day
of such month, in the form approved by City's Finance Director, an invoice for
services rendered prior to the date of the invoice. Such invoice shall (1) describe in
detail the services provided, including time and materials, and (2) specify each staff
member who has provided services and the number of hours assigned to each such
staff member. Such invoice shall contain a certification by a principal member of
Contractor specifying that the payment requested is for work performed in
accordance with the terms of this Agreement. City will pay Consultant for all
expenses stated thereon which are approved by City pursuant to this Agreement no
later than thirty (30) days after invoices are received by the City's Finance
Department.
3.0 PERFORMANCE_ SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance. All services rendered pursuant to this Agreement
shall be performed diligently and within the time period established in Exhibit "C" (the
"Schedule of Performance"). Extensions to the time period specified in the Schedule of
107
Performance may be approved in writing by the Contract Officer. Yearly extensions, not to
exceed three (3) one-year extensions, renewable at the beginning of each fiscal year
through Fiscal Year 2011 /201 2, may be allowed, at the City of La Quinta's discretion.
3.3 Force Maieure. The time period specified in the Schedule of Performance for
performance of the services rendered pursuant to this Agreement shall be extended
because of any delays due to unforeseeable causes beyond the control and without the
fault or negligence of Contractor, including, but not restricted to, acts of God or of the
public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes,
freight embargoes, acts of any governmental agency other than City, and unusually severe
weather, if Contractor shall within ten (10) days of the commencement of such delay
notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall
ascertain the facts and the extent of delay, and extend the time for performing the services
for the period of the forced delay when and if in his or her judgment such delay is justified,
and the Contract Officer's determination shall be final and conclusive upon the parties to
this Agreement.
3.4 Term. .Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this
Agreement, this Agreement shall continue in full force and effect until completion of the
services, except as otherwise provided.in the Schedule of Performance.
4.0 COORDINATION OF WORK
4.1 Representative of Contractor. The following principals of Contractor are hereby
designated as being the principals and representatives of Contractor authorized to act in its
behalf with respect to the work specified herein and make all decisions in connection
therewith:
a. Mr. Rick Anderson, Business Development
b. Ms. Kelli Kessler, Administrative Assistant
C. Mr. Chase Harris, Operation Manager
It is expressly understood that the experience, knowledge, capability, and reputation
of the foregoing principals were a substantial inducement for City to enter into this
Agreement. Therefore, the foregoing principals shall be responsible during the term of this
Agreement for directing all activities of Contractor and devoting sufficient time to
personally supervise the services hereunder.
The foregoing principals may not be changed by Contractor and no other personnel
may be assigned to perform the service required hereunder without the express written
approval of City.
4.2 Contract Officer. The Contract Officer shall be Mr. Timothy R. Jonasson,
Public Works Director/City Engineer or such other person as may be designated by the City
Manager of City. It shall be Contractor's responsibility to assure that the Contract Officer
is kept informed of the progress of the performance of the services and Contractor shall
refer any decisions which must be made by City to the Contract Officer. Unless otherwise
�. 106
specified herein, any approval of City required hereunder shall mean the approval of the
Contract Officer.
4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge,
capability and reputation of Contractor, its principals and employees were a substantial
inducement for City to enter into this Agreement. Except as set forth in this Agreement,
Contractor shall not contract with any other entity to perform in whole or in part the
services required hereunder without the express written approval of City. In addition,
neither this Agreement nor any interest herein may be assigned or transferred, voluntarily
or by operation of law, without the prior written approval of City.
4.4 Independent Contractor. Neither City nor any of its employees shall have any
control over the manner, mode or means by which Contractor, its agents or employees,
perform the services required herein, except as otherwise set forth. Contractor shall
perform all services required herein as an independent contractor of City and shall remain
at all times as to City a wholly independent contractor with only such obligations as are
consistent with that role. Contractor shall not at any time or in any manner represent that
it or any of its agents or employees are agents or employees of City.
4.5 City Cooperation. City shall provide Contractor with any plans, publications,
reports, statistics, records or other data or information pertinent to services to be
performed hereunder which are reasonably available to Contractor only from or through
action by City.
5.0 INSURANCE, INDEMNIFICATION AND BONDS.
5.1 Insurance. Prior to the beginning of and throughout the duration of the Work
performed under this Agreement, Contractor shall procure and maintain, at its cost, and
submit concurrently with its execution of this Agreement, personal and public liability and
property damage insurance against all claims for injuries against persons or damages to
property resulting from Contractor's acts or omissions rising out of or related to
Contractor's performance under this Agreement. The insurance policy shall contain a
severability of interest clause providing that the coverage shall be primary for losses arising
out of Contractor's performance hereunder and neither City nor its insurers shall be
required to contribute to any such loss. A certificate evidencing the foregoing and naming
City and its officers and employees as additional insured shall be delivered to and approved
by City prior to commencement of the services hereunder.
The amount of insurance required hereunder shall be determined by the Contract Sum in
accordance with the following table:
Contract Sum Personal Injury/Property Damage Coverage
Less than $50,000 $100,000 per individual; $300,000 per occurrence
$50,000 - $300,000 $250,000 per individual; $500,000 per occurrence
Over $300,000 $500,000 per individual; $1,000,000 per occurrence
Contractor shall carry automobile liability insurance of $3,000,000 per accident
against all claims for injuries against persons or damages to property arising out of the use
of any automobile by Contractor, its officers, any person directly or indirectly employed by
•, 109
Contractor, any subcontractor or agent, or anyone for whose acts any of them may be
liable, arising directly or indirectly out of or related to Contractor's performance under this
Agreement. If Contractor or Contractor's employees'will use personal autos in any way on
this project, Contractor shall provide evidence of personal auto liability coverage for each
such person. The term "automobile" includes, but is not limited to, a land motor vehicle,
trailer or semi -trailer designed for travel on public roads. The automobile insurance policy
shall contain a severability of interest clause providing that coverage shall be primary for
losses arising out of Contractor's performance hereunder and neither City nor its insurers
shall be required to contribute to such loss. A certificate evidencing the foregoing and
naming City and its officers and employees as additional insured shall be delivered to and
approved by City prior to commencement of the services hereunder.
Contractor shall carry Workers' Compensation Insurance in accordance with State
Worker's Compensation laws with employer's liability limits no less than $1,000,000 per
accident or disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a
policy form coverage specifically designed to protect against acts, errors or omissions of
the Contractor and "Covered Professional Services" as designated in the policy must
specifically include work performed under this agreement. The policy limit shall be no less
than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the
insured and must include a provision establishing the insurer's duty to defend. The policy
retroactive date shall be on or before the effective date of this agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of "A" or better
and a minimum financial size VII.
All insurance required by this Section shall be kept in effect during the term of this
Agreement and shall not be cancelable without thirty (30) days written notice to City of
proposed cancellation. The procuring of such insurance or the delivery of policies or
certificates evidencing the same shall not be construed as a limitation of Contractor's
obligation to indemnify City, its officers, employees, contractors, subcontractors, or
agents.
5.2 Indemnification.
a. Indemnification for Professional Liability. When the law establishes a
professional standard of care for Contractor's Services, to the fullest extent permitted by
law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of
its officials, employees and agents ("Indemnified Parties") from and against any and all
losses, liabilities, damages, costs and expenses, including attorney's fees and costs to the
extent same are cause in whole or in part by any negligent or wrongful act, error or
omission of Contractor, its officers, agents, employees or subcontractors (or any entity or
individual that Contractor shall bear the legal liability thereof) in the performance of
professional services under this agreement. With respect to the design of public
improvements, the Contractor shall not be liable for any injuries or property damage
resulting from the reuse of the design at a location other than that specified in Exhibit C
without the written consent of the Contractor.
» 110
b. Indemnification for Other Than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Contractor
shall indemnify, defend and hold harmless City, and any and all of its employees, officials
and agents from and against any liability (including liability for claims, suits, actions,
arbitration proceedings, administrative proceedings, regulatory proceedings, losses,
expenses or costs of any kind, whether actual, alleged or threatened, including attorney's
fees and costs, court costs, interest, defense costs, and expert witness fees), where the
same arise our of, are a consequence of, or are in any way attributable to, in whole or in
part, the performance of this Agreement by Contractor or by any individual or entity for
which Contractor is legally liable, including but not limited to officers, agents, employees or
subcontractors of Contractor.
C. General Indemnification Provisions. Contractor agrees to obtain executed
indemnity agreements with provisions identical to those set forth here in this section from
each and every subcontractor or any other person or entity involved by, for with or on
behalf of Contractor in the performance of this agreement. In the event Contractor fails to
obtain such indemnity obligations from others as required here, Contractor agrees to be
fully responsible according to the terms of this section. Failure of City to monitor
compliance with these requirements imposes no additional obligations on City and will in
no way act as a waiver of any rights hereunder. This obligation to indemnify and defend
City as set forth here is binding on the successors, assigns or heirs of Contractor and shall
survive the termination of this agreement or this section.
d. Indemnity Provisions for Contracts Related to Construction. Without affecting
the rights of City under any provision of this agreement, Contractor shall not be required to
indemnify and hold harmless City for liability attributable to the active negligence of City,
provided such active negligence is determined by agreement between the parties or by the
findings of a court of competent jurisdiction. In instances where City is shown to have
been actively negligent and where City's active negligence accounts for only a percentage
of the liability involved, the obligation of Contractor will be for that entire portion or
percentage of liability not attributable to the active negligence of City.
5.3 Remedies. In addition to any other remedies City may have if Contractor fails
to provide or maintain any insurance policies or policy endorsements to the extent and
within the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the premiums
for such insurance from any sums due under this Agreement.
b. Order Contractor to stop work under this Agreement and/or withhold any
payment(s) which become due to Contractor hereunder until Contractor
demonstrates compliance with the requirements hereof.
C. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any other
remedies City may have. The above remedies are not the exclusive remedies for
Contractor's failure to maintain or secure appropriate policies or endorsements. Nothing
herein contained shall be construed as limiting in any way the extent to which Contractor
may be held responsible for payments of damages to persons or property resulting from
Contractor's or its subcontractors' performance of work under this Agreement.
5.4 General Conditions pertaining to provisions of insurance coverage by Contractor.
Contractor and City agree to the following with respect to insurance provided by
Contractor:
1. Contractor agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insured's City, its officials, employees and
agents, using standard ISO endorsement No. CG 2010 with an edition prior to 2004.
Contractor also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Contractor, or Contractor's employees, or agents, from waiving the right of
subrogation prior to a loss. Contractor agrees to waive subrogation rights against City
regardless of the applicability of any insurance proceeds, and to require all contractors and
subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the City or its
operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not been first
submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over" claims, including any exclusion for bodily injury
to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Contractor shall not make any
reductions in scope of coverage (e.g. elimination of contractual liability or reduction of
discovery period) that may affect City's protection without City's prior written consent.
7. Proof of compliance with these 'insurance requirements, consisting of
certificates of insurance evidencing all of the coverages required and an additional insured
endorsement to Contractor's general liability policy, shall be delivered to City at or prior to
the execution of this Agreement. In the event such proof of any insurance is not delivered
as required, or in the event such insurance is canceled at any time and no replacement
coverage is provided, City has the right , but not the duty, to obtain any insurance it
deems necessary to protect its interests under this or any other agreement and to pay the
premium. Any premium so -paid by City shall be charged to and promptly paid by
Contractor or deducted from sums due Contractor, at City option.
8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to
City of any cancellation of coverage. Contractor agrees to require its insurer to modify
.. 112
such certificates to delete any exculpatory wording stating that failure of the insurer to
mail written notice of cancellation imposes no obligation, or that any party will "endeavor"
(as opposed to being required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all insurance coverage
required to be provided by Contractor or any subcontractor, is intended to apply first and
on a primary, non-contributing basis in relation to any other insurance or self insurance
available to City.
10. Contractor agrees to ensure that subcontractors, and any other party involved
with the project who is brought onto or involved in the project by Contractor, provide the
same minimum insurance coverage required of Contractor. Contractor agrees to monitor
and review all such coverage and assumes all responsibility for ensuring that such
coverage is provided in conformity with the requirements of this section. Contractor
agrees that upon request, all agreements with subcontractors and others engaged in the
project will be submitted to City for review.
11. Contractor agrees not to self -insure or to use any self -insured retentions or
deductibles on any portion of the insurance required herein and further agrees that it will
not allow any contractor, subcontractor, Architect, Engineer or other entity or person in
any way involved in the performance of work on the project contemplated by this
agreement to self -insure its obligations to City, If Contractor's existing coverage includes a
deductible or self -insured retention, the deductible or self -insured retention must be
declared to the City. At that time the City shall review options with the Contractor, which
may include reduction or. elimination of the deductible or self -insured retention, substitution
of other coverage, or other solutions.
12. The City reserves the right at any time during the term. of the contract to
change the amounts and types of insurance required by giving the Contractor ninety (90)
days advance written notice of such change. If such change results in substantial
additional cost to the Contractor, the City will negotiate additional compensation
proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any steps that
can be deemed to be in furtherance of or towards performance of this Agreement.
14. Contractor acknowledges and agrees that any actual or alleged failure on the
part of City to inform Contractor of non-compliance with any insurance requirement in no
way imposes any additional obligations on City nor does it waive any rights hereunder in
this or any other regard.
15. Contractor will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to this
agreement. This obligation applies whether or not the agreement is canceled or terminated
for any reason. Termination of this obligation is not effective until City executes a written
statement to that effect.
113
16. Contractor shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other policies
providing at least the same coverage. Proof that such coverage has been ordered shall be
submitted prior to expiration. A coverage binder or letter from Contractor's insurance
agent to this effect is acceptable. A certificate of insurance and/or additional insured
endorsement as required in these specifications applicable to the renewing or new
coverage must be provided to City within five (5) days of the expiration of coverages.
17. The provisions of any workers' compensation or similar act will not limit the
obligations of Contractor under this agreement. Contractor expressly agrees not to use
any statutory immunity defenses under such laws with respect to City, its employees,
officials and agents.
18. Requirements of specific coverage features or limits contained in this section
are not intended as limitations on coverage, limits or other 'requirements nor as a waiver of
any coverage normally provided by any given policy. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a given issue, and is
not intended by any party or insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this agreement and are intended by the parties here to be interpreted as
such.
20. The requirements in this Section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts with or impairs
the provisions of this Section.
21. Contractor agrees to be responsible for ensuring that no contract used by any
party involved in any way with the project reserves the right to charge City or Contractor
for the cost of additional insurance coverage required by this agreement. Any such
provisions are to be deleted with reference to City. It is not the intent of City to reimburse
any third party for the cost of complying with these requirements. There shall be no
recourse against City for payment of premiums or other amounts with respect thereto.
Contractor agrees to provide immediate notice to City of any claim or loss against
Contractor arising out of the work performed under this agreement. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
6.0 RECORDS AND REPORTS.
6.1 Reports. Contractor shall periodically prepare and submit to the Contract
Officer such reports concerning Contractor's performance of the services required by this
Agreement as the Contract Officer shall require.
6.2 Records. Contractor shall keep such books and records as shall be necessary to
perform the services required by this Agreement and enable the Contract Officer to
evaluate the cost and the performance of such services. Books and records pertaining to
costs shall be kept and prepared in accordance with generally accepted accounting
., . 114
principals. The Contract Officer shall have full and free access to such books and records
at all reasonable times, including the right to inspect, copy, audit, and make records and
transcripts from such records.
6.3 Ownership of Documents. Originals of all drawings, specifications, reports,
records, documents and other materials, whether in hard copy or electronic form, which
are prepared by Contractor, its employees, subcontractors and agents in the performance
of this Agreement, shall be the property of City and shall be delivered to City upon
termination of this Agreement or upon the earlier request of the Contract Officer, and
Contractor shall have no claim for further employment or additional compensation as a
result of the exercise by City of its full rights of ownership of the documents and materials
hereunder. Contractor shall cause all subcontractors to assign to City any documents or
materials prepared by them, and in the event Contractor fails to secure such assignment,
Contractor shall indemnify City for all damages suffered thereby.
In the event City or any person, firm or corporation authorized by City reuses said
documents and materials without written verification or adaptation by Contractor for the
specific purpose intended and causes to be made or makes any changes or alterations in
said documents and materials, City hereby releases, discharges, and exonerates Contractor
from liability resulting from said change. The provisions of this clause shall survive the
completion of this Contract and shall thereafter remain in full force and effect.
6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Contractor in the performance of services
under this Agreement shall not be released publicly without the prior written approval of
the Contract Officer or as required by law. Contractor shall not disclose to any other entity
or person any information regarding the activities of City, except as required by law or as
authorized by City.
7.0 ENFORCEMENT OF AGREEMENT. .
7.1 California Law. This Agreement shall be construed and interpreted both as to
validity and to performance of the parties in accordance with the laws of the State of
California. Legal actions concerning any dispute, claim or matter arising out of or in
relation to this Agreement shall be instituted in the Superior Court of the County of
Riverside, State of California, or any other appropriate court in such county, and Contractor
covenants and agrees to submit to the personal jurisdiction of such court in the event of
such action.
7.2 Disputes. In the event of any dispute arising under this Agreement, the injured
party shall notify the injuring party in writing of its contentions by submitting a claim
therefore. The injured party shall continue performing its obligations hereunder so long as
the injuring party commences to cure such default within ten (10) days of service of such
notice and completes the cure of such default within forty-five (46) days after service of
the notice, or such longer period as may be permitted by the Contract Officer; provided
that if the default is an immediate danger to the health, safety and general welfare, City
may take such immediate action as City deems warranted. Compliance with the provisions
of this section shall be a condition precedent to termination of this Agreement for cause
and to any legal action, and such compliance shall not be a waiver of any party's right to
«...r, 115
take legal action in the event that the dispute is not cured, provided that nothing herein
shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8.
7.3 Retention of Funds. City may withhold from any monies payable to Contractor
sufficient funds to compensate City for any losses, costs, liabilities, or damages it
reasonably believes were suffered by City due to the default of Contractor in the
performance of the services required by this Agreement.
7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non
defaulting party on any default shall impair such right or remedy or be construed as a
waiver. City's consent or approval of any act by Contractor requiring City's consent or
approval shall not be deemed to waive or render unnecessary City's consent to or approval
of any subsequent act of Contractor. Any waiver by either party of any default must be in
writing and shall not be a waiver of any other default concerning the same or any other
provision of this Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of
the parties are cumulative and the exercise by either party of one or more of such rights or
remedies shall not preclude the exercise by it, at the, same or different times, of any other
rights or remedies for the same default or any other default by the other party.
7.6 Legal Action. In addition to any other rights or remedies, either party may take
legal action, at law or at equity, to cure, correct or remedy any default, to recover
damages for any default, to compel specific performance of this Agreement, to obtain
injunctive relief, or to obtain any other remedy consistent with the purposes of this
Agreement.
7.7 Termination Prior to Expiration of Term. This section shall govern any
termination of this Agreement, except as specifically provided in the following Section 7.8
for termination for cause. City reserves the right to terminate this Agreement at any time,
with or without cause, upon thirty I= days' written notice to Contractor. Upon receipt of
any notice of termination, Contractor shall immediately cease all services hereunder except
such as may be specifically approved by the Contract Officer. Contractor shall be entitled
to compensation for all services rendered prior to receipt of the notice of termination and
for any services authorized by the Contract Officer thereafter in accordance with the
Schedule of Compensation or such as may be approved by the Contract Officer, except as
provided in Section 7.3.
7.8 Termination for Default of Contractor. If termination is due to the failure of
Contractor to fulfill its obligations under this Agreement, City may, after compliance with
the provisions of Section 7.2, take over work and prosecute the same to completion by
contract or otherwise, and Contractor shall be liable.to the extent that the total cost for
completion of the services required hereunder exceeds the compensation herein stipulated
(provided that City shall use reasonable efforts to mitigate such damages), and City may
withhold any payments to Contractor for the purpose of setoff or partial payment of the
amounts owed City as previously stated in Section 7.3.
".. r.116
7.9 Attorneys' Fees. If either party commences an action against the other party
arising out of or in connection with this Agreement, the prevailing party shall be entitled to
recover reasonable attorneys' fees and costs of suit from the losing party.
8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
8.1 Non -liability of City Officers and Employees. No officer or employee of City
shall be personally liable to Contractor, or any successor in interest, in the event or any
default or breach by City or for any amount which may become due to Contractor or to its
successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest. No officer or employee of City shall have any personal
interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which affects his or her personal
interest or the interest of any corporation, partnership or association in which she or he is,
directly or indirectly, interested, in violation of any State statute or regulation. Contractor
warrants that it has not paid or given and will not pay or give any third party any money or
general consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself,
its heirs, executors, assigns, and all persons claiming under or through them, that there
shall be no discrimination against or segregation of, any person or group of persons on
account of race, color, creed, religion, sex, marital status, national origin or ancestry in the
performance of this Agreement. Contractor shall take affirmative action to insure that
applicants are employed and that employees are treated during employment without regard
to their race, color, creed, religion, sex, marital status, national origin or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, consent, approval, communication either
party desires or is required to give the other party or any other person shall be in writing
and either served personally or sent by prepaid, first-class mail to the address set forth
below. Either party may change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated forty-eight (48) hours from the
time of mailing if mailed as provided in this section.
To City:
CITY OF LA QUINTA
Attention: Timothy Jonasson
78-495 Calle Tampico
P.O. Box 1504
La.Quinta, CA 92247-1504
To Contractor:
Clean Street
Attention: Mr. Rick Anderson
1937 West 169ih Street
Gardena, CA 90247
Phone: (800) 225-7316
9.2 Integrated Agreement. This Agreement contains all of the agreements of the
parties and all previous understanding, negotiations and agreements are integrated into and
superseded by this Agreement.
9.3 Amendment. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing signed by both parties.
....r, 117
9.4 Severability. In the event that any one or more of the phrases, sentences,
clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or
unenforceable by a valid judgment or decree of a court of competent jurisdiction, such
invalidity or unenforceability shall not affect any of the remaining phrases, sentences,
clauses, paragraphs, or sections of this Agreement which are hereby declared as severable
and shall be interpreted to carry out the intent of the parties hereunder.
9.5 Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by so executing this Agreement the parties hereto are formally bound to
the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
CITY OF LA QUINTA,
a California municipal corporation
L Lt"-� —
DON ADOLP , May ,
Dated: _7PIlo9
/0
CIVIC, City Clerk
La Quinta, C41ifornia
APPROVED AS TO FORM:
O- 1<�k -
ATHEKIN JE ON, City
City of La Qui t , California
CONTRACTOR:
By:
Name: Jprp Cnctpl>
Title: Cheif Executive Officer
a 118
Exhibit A
Scope of Services
1. Services to be Provided:
Clean Street shall furnish all necessary materials, equipment, labor, and incidentals as
required to perform street sweeping for the City of La Quinta. The work involved shall
include mechanical and/or manual sweeping of all curbed flow -lines, including all cross
gutters, streets and paved center median islands. The areas to be swept consist of all
designated streets located within the northern portion of the City as illustrated within
Attachment 1, which is made a part of this agreement. Each of the streets identified shall
be swept a minimum of once per week.
2. Performance Standards
Street sweeping shall be performed in accordance with accepted standards for routine and
emergency municipal street cleaning. Additional performance standards include:
A. When necessary for proper street cleaning, more than one pass will be made on the
street without additional charge;
B. Additional sweeps requested by the City of La Quinta for unsatisfactory performance
shall be responded to immediately;
C. The City reserves the right to add additional streets and/or other right-of-way to the
street schedule. The contractor shall provide any additional sweeping services at the
agreed upon per curb mile cost;
D. Contractor shall maintain the sweeping schedule as approved by the City of La Quinta
and shall maintain standby equipment to be used in the event of equipment
breakdown or an emergency;
E. Sweeping in residential areas shall not commence prior to 7 a.m.
F. Sweepers shall not be operated faster than 10 mph when sweeping paper, leaves or
light trash, 5 mph when sweeping normal accumulation of dirt, sand and gravel, and 3
mph when sweeping heavy accumulation of dirt, sand and gravel.
G. Contractor shall make arrangements with the Coachella Valley Water District (CVWD)
to obtain and pay for water necessary for street sweeper operations. The City of La
Quinta shall review and approve water access locations.
H. The City of La Quinta shall be the sole authority for canceling scheduled street
sweeping due to inclement weather. When inclement weather prevents adherence to
the regular sweeping schedule for two or less days in a given week, the sweeping
areas so affected by the inclement weather shall be swept within seven days of the
scheduled sweeping without interruption of regular sweeping schedule. Contractor
shall perform all make-up work due to inclement weather without additional charge.
�• 119
I. In the case of prolonged inclement weather, the City, at its discretion, will consider
the Contractor's request to eliminate sweep days not completed. If sweep days are
eliminated, the Contractor shall credit the City for curb miles not performed.
J. Contractor shall not sweep on Saturday, Sunday or City recognized holidays.
K. Consultant will submit a list of the type of equipment to be utilized, including the
year, make and model of each sweeper proposed for providing these services to the
City for approval. At a minimum, the Contractor shall provide two (2) primary and
one (1) back up sweeper. The two primary sweepers shall be regenerative air
vacuum sweepers that comply with South Coast Air Quality Management District
(SCAQMD) Rule 1186.1 Less Polluting Sweepers.
L. Contractor shall develop a weekly sweeping schedule for approval by the City of La
Quinta. At a minimum, each street shall be swept as soon as possible following the
weekly trash collection.
M. Contractor shall spray street with water during street sweeping operations to the
extent required to minimize blown dust/dirt in compliance with AQMD - PM10
requirements.
•. 120
Exhibit B
Schedule of Compensation
Payment shall be provided to the Contractor for services rendered based upon each curb
mile swept. Compensation shall be provided at $25.52 per curb mile. Total compensation
for all work under this contract shall not exceed One Hundred Four Thousand Eight
Hundred Thirty -Six Dollars and Sixteen Cents ($104,836.16) except as specified in Section
1.6 - Additional Services of the Agreement.
The following is a summary of costs to provide the services outlined within Exhibit A of
this Agreement for Mechanical Street Sweeping Services.
Item Description
Unit
Est. Qty
Unit Cost
Extended Cost
Street Sweeping
Linear Mile
79.0
$25.52
$2,016.08 per week
TOTAL $ 2,016.08 per week
�.. 121
Exhibit C
Schedule of Performance
Contractor shall complete all services within Three Hundred Sixty -Five (365) days, from
July 1, 2008 to June 30, 2009. Yearly extensions, not to exceed three (3) one-year
extensions, renewable at the beginning of each fiscal year through Fiscal Year 2011/2012,
may be allowed, at the City of La Quinta's discretion.
'„..' 122
Exhibit D
Special Requirements
The City of La Quinta will provide the Contractor with a disposal site for the refuse
collected within the City of La Quinta Corporate Boundary. The City and the Contractor
will be responsible for disposal of the refuse.
„ 123
A I I AGHMENT 1
AMENDMENT TO MAINTENANCE SERVICES AGREEMENT
BETWEEN CLEANSTREET AND CITY OF LA QUINTA
This Amendment to the Maintenance Services Agreement for Mechanical
Street Sweeping Services, made and entered into on June 16, 2009, by and
between CleanStreet; herein referred to as the ."Contractor" and the CITY OF LA
QUINTA, herein referred to as the "City".
WITNESSETH:
WHEREAS, the City is desirous of Amending its Agreement for Mechanical
Street Sweeping Services with CleanStreet to provide for one (1) additional year of
service; and
WHEREAS, Contractor is agreeable to rendering services for an additional
year to the City on the same terms and conditions as contained in the Agreement
for Mechanical Street Sweeping Services between Contractor and City.
IT IS AGREED that Section 5.0 Insurance and Indemnification of said agreement is
hereby amended to read in its entirety as follows:
5.0 INSURANCE AND INDEMNIFICATION.
5.1 Insurance. Prior to the beginning of and throughout the duration of the
Work performed under this Agreement, Consultant shall procure and maintain, at
its own cost, and submit corrcurrently with its execution of this Agreement,
insurance as described herein. All insurance is to be placed with insurers
authorized to do business in the State of California with an A. M. Best and
Company rating level of A- or better, Class VI or better, or as otherwise approved
by the City.
Insurance shall include the following (or broader) coverage:
a. Insurance Services Office Commercial General Liability coverage
"occurrence" form CG 00 01 or its exact equivalent with an edition date prior to
2004 and with minimum limits of $1,000,000 per occurrence and $2,000,000 in
the aggregate.
b. insurance Services Office form number CA 0001 or equivalent covering
Automobile Liability, including hired and non -owned automobile liability with a
minimum limit of $1,000,000 per accident. If Consultant owns no vehicles, this
requirement may be satisfied by a non -owned and hired auto endorsement to
Consultant's commercial general liability policy.
•d... ` 124
C. Consultant shall carry Workers' Compensation Insurance complying with
California's worker's compensation laws, including statutory limits for workers'
compensation and an Employer's Liability limit no less than M000.000 per
accident or disease.
d. Consultant's pollution liability insurance shall be written on a form
acceptable to City providing coverage for liability arising out of sudden, accidental
and gradual pollution. The policy limit shall be no less than $1,000,000 per claim
and in the aggregate. All activities contemplated in this agreement shall be
specifically scheduled on the policy as "covered operations." The policy shall
provide coverage for the hauling of waste from the project site to the final disposal
location, including non -owned disposal sites. Products/completed operations
coverage shall extend a minimum of 3 years after project completion. Coverage
shall be included on behalf of the insured for covered claims arising out of the
actions of independent contractors. if the insured is using subcontractors the
Policy must include work performed "by or on behalf' of the insured. Policy shall
contain no language that would invalidate or remove the insurer's duty to defend
or indemnify for claims or suits expressly excluded from coverage. Policy shall
specifically provide for a duty to defend on the part of the insurer.
Liability insurance policies required to be provided by Consultant hereunder shall
contain or be endorsed to contain the following provisions:
e. City, its employees, officials, agents and member agencies shall be
covered as additional insureds. Coverage shall apply to any and all liability arising
out of the Work or related to the Contract. Additional insured status under the
general liability requirement shall be provided on Insurance Services Office Form
CG 20 10 with an edition date prior to 2004, or its exact equivalent. Additional
Insured status for completed operations shall be provided either in the additional
insured form or through another endorsement such as CG 20 37 with an edition
date prior to 2004.
f. General and automobile liability insurance shall apply separately to each
insured against whom a claim is made or suit is brought, except with respect to
the limits of the insurer's liability. Coverage will not be limited to City's vicarious
liability.
g. Liability coverage shall be primary and non-contributing with any
insurance maintained by the City.
•n. 0 125
h. Evidence of coverage (including the workers' compensation and
employer's liability policies) shall provide that coverage shall not be suspended,
voided, canceled or reduced in coverage or in limits except after 30 days' prior
written notice has been given to City. Such provision shall not include any
i limitation of liability of the insurer for failure to provide such notice.
I. No liability insurance coverage provided to comply with this Agreement
shall prohibit Consultant, or Consultant's employees, or agents, from waiving the
right of recovery prior to a loss. Consultant waives its right -of recovery against
City.
j. Consultant agrees to deposit with City within fifteen (15) days of Notice
to Proceed of the Contract certificates of insurance and required endorsements.
k. There shall be no recourse against City for payment of premiums or
other amounts with respect to the insurance required to be provided by Consultant
hereunder. Any failure, actual or alleged, on the part of City to monitor compliance
with these requirements will not be deemed as a waiver of any rights on the part
of City. City has no. additional obligations by virtue of requiring the insurance set
forth herein. In the event any policy of insurance required under this Agreement
does not comply with these requirements or is canceled and not replaced, City has
the right but not the duty to obtain the insurance it deems necessary and any
premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments.
1. Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the work performed under this agreement. City
assumes no obligation or liability by such notice, but has the right (but not the
duty) to monitor the handling of any such claim or claims if they are likely to
involve City.
5.2 Indemnification.
1. To the fullssf extent permitted by law, Consultant shall indemnify,
protect, defend and hold harmless City and any and all of its officials, employees
and agents ("Indemnified Parties") from and against any and all liability, claims,
suits, actions arbitration proceedings, administrative proceedings, regulatory
proceedings, losses, expenses or costs of any kind, whether actual, alleged or
threatened, including, without limitation, incidental and consequential damages,
actual attorney fees incurred by City, court costs, interest, defense costs including
fees of expert consultants or expert witnesses Incurred in connection therewith
and any other costs or expenses of any kind whatsoever incurred in relation to, as
a consequence of or arising out of or in anyway attributable in whole or in part to
the performance of this agreement. All obligations under this provision are'to be
paid by Consultant as the City incurs them. With respect to the design of public
improvements, the Consultant shall not be liable for any injuries or property
damage resulting from the reuse of the design at a location 'other than that
specified In Exhibit C without the written consent of the Consultant.
i 2. Without affecting the rights of City under any provision of this
i agreement or this section, Consultant shall not be required to Indemnify and hold
harmless City as set forth above for liability attributable to the sole fault ,of City,
�:.... 228
�b 126
provided such sole fault is determined by agreement between the parties or by the
findings of a court of competent jurisdiction. This exception will apply only in
instances where City is shown to have been solely at fault and not in instances
where Consultant is solely or partially at fault or in instances where City's fault
accounts for only a percentage of the liability involved. In those instances, the
obligation of Consultant will be all-inclusive and City will be indemnified for all
liability incurred, even though a percentage, of the liability is attributable to conduct
of the City..
3. Consultant acknowledges that its obligation pursuant to this section
extends to liability attributable to City, if that liability is less than the sole fault of
City.
4. Consultant. agrees to obtain executed indemnity agreements with
provisions identical to those set forth here in this section from each and every
subcontractor, sub tier contractor or any other person or entity involved by, for,
with or on behalf of Consultant in the performance of this agreement. In the event
Consultant fails to obtain such indemnity obligations from others as required here,
Consultant agrees to be fully responsible according to the terms of this section.
5. Failure of City to monitor compliance with these requirements imposes
no additional obligations on City and will in no way act as a waiver of any rights
hereunder. This obligation to indemnify and defend City as a set forth herein is
binding on the successors, assigns, or heirs of Contractor and shall survive the
termination of this agreement or this section.
IT IS AGREED that "Exhibit C Schedule of Performance" of said Agreement is
hereby amended to read in its entirety as follows:
Contractor shall complete all services within Three Hundred Sixty Five (365) days,
from July.1, 2009 to June 30, 2010. Yearly extensions, not to exceed two (2)
one-year extensions, renewable at the beginning of each. fiscal year through Fiscal
year 2011 /2012, may be allowed, at the City of La Quinta's discretion.
IT IS AGREED that, "Exhibit A Scope of Services" of said Agreement is hereby
amended to add item "N" as follows:
N. Contractor shall use vehicles with dedicated alternative fuel sources (i.e.
compressed natural gas (CNG), liquefied natural gas (LNG), liquefied petroleum gas
(LPG), Hydrogen or hydrogen natural gas blends, electric or gasoline hybrid electric)
to fulfill its Agreement with the City of La Quinta.
Dated: June 16, 2009
ATTEST:
VERONICA J. MONTECINO, CIVIC; City Clerk
CITY OF LA QUINTA
By:
THOMAS P. GENOVESE
City Manager
1... 127
APPROVED AS TO FORM:
M. KATHERINE J NSON, City Attorney
CLFA EE"f C
Dated: June 16, 2009 Ely.
Name: re Costello
Title: Chief Executive Officer
"CONTRACTOR"
-.:J 230 128
9
CFn1 OF TNti9�
COUNCIL/RDA MEETING DATE: May 18, 2010
ITEM TITLE: Approval of Second Reading and Adoption
of Ordinance No. 480 Amending Title 9, Zoning,
Adjusting Guesthouse Provisions in the Table of
Permitted Uses and in the Supplemental Residential
Code; Prohibiting Single -Family Homes Within the
Village Commercial District; Identifying Golf Cart Sales
in the Non -Residential Table of Permitted Uses;
Adjusting Permitted Date for Christmas Tree Sales;
Correcting Error in Used Car Sales Regulations;
Permitting Use of Seasonal Sales Businesses; and,
Addressing Multi -Tenant Office Complexes with Interior
Tenants in the Sign Ordinance
RECOMMENDATION
Adopt Ordinance No. 480 on second reading.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
On May 4, 2010, the City Council moved to take up Ordinance No. 480 by title and
number only and waive further reading. The City Council further moved to introduce
Ordinance No. 480 on first reading.
The motion to introduce Ordinance No. 480 carried by the following vote:
AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
«. 129
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1 . Adopt Ordinance No. 480 on second reading; or
2. Do not adopt Ordinance No. 480 on second reading; or
3. Provide staff with alternative direction.
Respectfully submitted,
Veronica J. ntecino, CIVIC, City Clerk
Approved for submission by:
Thomas P. Genovese, City Manager
-1.., 130
ORDINANCE NO. 480
AN ORDINANCE OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING TITLE 9 OF THE LA QUINTA
MUNICIPAL CODE, 1) TO ADJUST THE GUESTHOUSE
PROVISIONS IN THE TABLE OF PERMITTED USES
(9.40.040), 2) TO ADJUST THE GUESTHOUSE
PROVISIONS IN THE SUPPLEMENTAL RESIDENTIAL
CODE (9.60.100), 3) TO PROHIBIT SINGLE FAMILY
HOMES WITHIN THE VILLAGE COMMERCIAL DISTRICT
(9.65.020), 4) TO IDENTIFY GOLF CART SALES IN THE
NON-RESIDENTIAL TABLE OF PERMITTED USES
(9.80.040), 5) TO ADJUST THE PERMITTED DATE FOR
CHRISTMAS TREE SALES (9.100.080), 6) TO CORRECT
AN ERROR IN THE USED CAR SALES REGULATIONS
(9.100.300), 7) TO PERMIT THE USE OF SEASONAL
SALES BUSINESSES (9.100.310), AND 8) TO ADDRESS
MULTI -TENANT OFFICE COMPLEXES WITH INTERIOR
TENANTS IN THE SIGN ORDINANCE (9.160.050).
WHEREAS, the City has found that changes in policies, procedures, and
issues with permitting have arisen as staff implements the Zoning Ordinance; and
WHEREAS, the City has, from time to time, made amendments to the Zoning
Ordinance to address changes in circumstances; and
WHEREAS, the Planning Commission of the City of La Quinta, California, did
on the 13`h of April, 2010, hold a duly noticed Public Hearing for review of a
Zoning Ordinance Amendment to 1) Adjust the guesthouse provisions in the Table
of Permitted Uses (9.40.040), 2) Adjust the guesthouse provisions in the
Supplemental Residential Code (9.60.100), 3) Prohibit single family homes within
the Village Commercial District (9.65.020), 4) Identify golf cart sales in the Non -
Residential Table of Permitted Uses (9.80.040), 5) Adjust the permitted date for
Christmas Tree Sales (9.100.080), 6) Correct an error in the used car sales
regulations (9.100.300), 7) Permit the use of seasonal sales businesses
(9.100.310) and, 8) Address multi -tenant office complexes with interior tenants in
the Sign Ordinance (9.160.050); and recommended approval of the proposed
Amendments to the City Council; and
WHEREAS, the City Council held a duly noticed public hearing on the 4`h day
of May, 2010, and considered the evidence, written and oral, presented at the
hearing.
Ordinance No. 480
Zoning Ordinance Amendment 2010-100
Title 9, various sections
Adopted:
Page 2
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of La
Quinta does ordain as follows:
SECTION 1. Title 9, the Zoning Ordinance of the La Quinta Municipal Code, is
amended as identified on Exhibits "A" through "H," on file in the Planning
Department.
SECTION 2. CONSISTENCY WITH THE GENERAL PLAN. The City Council hereby
finds that this Ordinance is consistent with the La Quinta General Plan. The Zoning
Ordinance Amendment is consistent with the General Plan insofar as it amends the
Zoning Code to be consistent with California requirements for second units;
implements existing City policies that are in conformance with those in the General
Plan; removes inconsistent, conflicting, and incompatible portions of text; and
allows for continued high quality development in the City.
SECTION 3. 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(13)(3), Review for Exemptions of
the CEQA Guidelines.
SECTION 4. SEVERABILITY. The provisions of this Ordinance shall be severable,
and if any clause, sentence, paragraph, subdivision, section, or part of this
Ordinance shall be adjudged by any court of competent jurisdiction to be invalid,
such judgment shall not affect, impair, or invalidate the remainder thereof, but shall
be confined in its operation to the clause, sentence, paragraph, subdivision,
section, or part thereof directly involved in the controversy in which such judgment
shall have been rendered.
SECTION 5. 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 6. EFFECTIVE DATE. This Ordinance shall take full force and effect and
be in force 30 days after passage.
SECTION 7. 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
,so., 132
Ordinance No. 480
Zoning Ordinance Amendment 2010-100
Title 9, various sections
Adopted:
Page 3
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 181h day of May, 2010, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
DON ADOLPH, Mayor
City of La Quinta California
FAIVIR Ml
VERONICA MONTECINO, City Clerk
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
•rr.. 133
Ordinance No. 480
Zoning Ordinance Amendment 2010-100
Title 9, various sections
Adopted:
Page 4
Exhibit "A"
9.40.040 Residential Table of Permitted Uses.
Table 9-1 Permitted Uses in Residential Districts
P = Principal
use
District
A=
Accessory use
Very
Medium-
C =
Low
Low
Medium
High
High
Conditional use
Density
Density
Cove
Density
Density
Density
permit
Residential
Residential
Residential
Residential
Residential
Residential
M = Minor use
permit
H = Home
occupation
permit
S = Specific
plan required
X = Prohibited
use
Land Use
RVL
RL
RC
RM
RMH
RH
Accessory
Uses and
Structures
Guesthouses,
A
A
A
X A
X A
X A
subject to
Section
9.60.100
Second
A
A
A
A
A
A
Residential
Units, subject
to Section
9.60.090"
.. 134
Ordinance No. 480
Zoning Ordinance Amendment 2010-100
Title 9, various sections
Adopted:
Page 5
f
135
Ordinance No. 480
Zoning Ordinance Amendment 2010-100
Title 9, various sections
Adopted:
Page 6
Exhibit "B"
9.60.100 Guesthouses.
A. Purpose. This section provides standards and criteria for the establishment of
guesthouses where such units are permitted in accordance with Section 9.40.040.
B. Definitions. For purposes of this code, the following definitions shall apply:
1. "Guest house" means a detached or attached unit which has sleeping
and sanitary facilities but no cooking facilities and which is used primarily for
sleeping purposes by members of the family occupying the main building,
their nonpaying guests, and domestic employees.
2. "Living area" means the interior habitable area of a dwelling unit,
including basements and attics (if permitted) and shall not include a garage
or any accessory structure.
C. Limitations. Only one One SeGen ' residential use eF guesthouse may be
established on any single-family residential lot ^d'^• +^.R ^ adEl tiGn +^
the ^ sides^^ as a permitted accessory use. Theref^F^, ^ than two
of�h's spet'an In the cove residential, medium density residential, medium high
density residential and high density residential zones, only one guest house may be
permitted on a lot, unless otherwise approved through a specific plan. In the very
low density residential and low density residential zones, more than one guest
house may be permitted with Planning Director approval.
D. Standards for Guesthouses. A guesthouse be BOR641=16ted as an aceessef-y
use a ., the otn , of diStFletS .. bjeet to ^ ^i of ^ minor use pern%�-.
Guesthouses shall not be permitted when duplexes, tri-plexes, or apartments occur
on the lot. All guesthouses shall conform to the following standards:
1 . Detached guesthouses shall conform to all applicable building code
standards and all development and design standards of the zoning district in
which they are located. In addition, the height of the guesthouse shall not
exceed seventeen feet and shall not be more than one story.
2. Guesthouses shall be architecturally compatible with the main unit.
3. The floor area of the guesthouse shall not exceed thirty percent of the
existing living area of the principal residence.
a.. 136
Ordinance No. 480
Zoning Ordinance Amendment 2010-100
Title 9, various sections
Adopted:
Page 7
4. The placement of a guesthouse on a lot shall not result in violation of the
lot coverage maximums set forth in Section 9.50.030.
5. There shall be no kitchen or cooking facilities within a guesthouse.
6. A guesthouse shall be used only by the occupants of the main residence,
their non-paying guests, or domestic employees. The guesthouse shall not
be rented or otherwise occupied separately from the main residence.
7. A deed restriction shall be required for recordation against the property
to prohibit the use or conversion of the guesthouse to a rental unit, to a unit
for sale, or to add a kitchen or cooking facility.
8. If a private sewage disposal system is used, approval of the local health
officer shall be required.
9. When constructed with tract homes or prototypical residential units,
guesthouse location and design shall be reviewed and approved as a part of
the Site Development Permit process. On an individual single family lot of
record, guesthouses shall be reviewed and approved for conformance with
these provisions during the building permit plan check process.
a. r 137
Ordinance No. 480
Zoning Ordinance Amendment 2010-100
Title 9, various sections
Adopted:
Page 8
Exhibit "C"
9.65.020 Permitted uses.
A. Permitted uses in the VC zoning district will combine essential day-to-day
neighborhood goods and services, tourism and visitor -based retail and
entertainment opportunities, and facilities necessary for the operational demands of
such uses.
B. The following uses are permitted in the VC zoning district with approval of
a Village use permit (VUP), pursuant to the procedures set forth in Section
9.65.040. Where a determination on a particular use is necessary, it shall be made
pursuant to Section 9.65.040(C):
1. Single and Multifamily Residential dwellings. Such uses include town
heroes, condominiums, apartments and similar housing types. Residential density
shall be determined on a site specific basis, based on the development capacity for
the proposed project uses on the site. The ultimate decision on density shall rest
with the planning commission;
10. 138
Ordinance No. 480
Zoning Ordinance Amendment 2010-100
Title 9, various sections
Adopted:
Page 9
Exhibit "D"
9.80.040 Table of permitted uses.
Table 9-5 Permitted Uses In Nonresidential Districts (Continued)
P = Principal use
District
Regional
Commercial
Community
Neighborhood
Tourist
Office
Major
A = Accessory use
Commercial
Park
Commercial
Commercial
Commercial
Commercial
Community
Facilities
C = Conditional use permit
M = Minor use permit
T = Temporary use permit
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
Automotive Uses
(Subject to Section
9.100.120, Outdoor storage
and display)
Golf cart, Neighborhood
P
P
P
X
X
X
X
Electric Vehicle (NEV), and
electric scooter sales
rw. 139
Ordinance No. 480
Zoning Ordinance Amendment 2010-100
Title 9, various sections
Adopted:
Page 10
Exhibit "E"
9.100.080 Christmas tree sales.
Temporary Christmas tree sales facilities are permitted subject to approval of a
temporary use permit and the following requirements:
A. The facility shall not be established prior to the Manday fell
Thanksgiving in any calendar year.
B. Such a facility shall not engage in the sale of any merchandise not directly
associated with Christmas trees and Christmas decorations.
C. The applicant shall secure an electrical permit.
D. The facility shall be removed and the premises shall be cleared of all debris
and restored to the condition existing prior to the establishment of the facility by
the January 8th following the applicable Christmas holiday. A cash bond or other
guarantee shall be posted prior to establishment of the facility to ensure cleanup.
E. Each facility shall comply with fire prevention standards as approved and
enforced by the fire marshal.
F. Off-street parking and vehicular access shall be provided to the satisfaction
of the director.
G. Signs shall be restricted to one banner sign per street frontage, each sign
not exceeding thirty-two square feet. Other signs and advertising devices such as
pennants, flags, A -frame signs, are prohibited. (Ord. 284 § 1 (Exh. A) (part),
1996)
r«.. 140
Ordinance No. 480
Zoning Ordinance Amendment 2010-100
Title 9, various sections
Adopted:
Page 11
Exhibit "F"
9.100.300 Used Vehicle Sales Not Associated with a New Vehicle Sales Facility
A. Use Permit Required. Used vehicle sales not associated with a new vehicle
sales facility may be permitted in the GR district in certain zoning districts subject
to approval of a conditional use permit when consistent with a Specific Plan, as per
the Non -Residential Table of Permitted Uses. Used vehicle sales facilities are
subject to the use and design standards herein.
". r 141
Ordinance No. 480
Zoning Ordinance Amendment 2010-100
Title 9, various sections
Adopted:
Page 12
Exhibit "G"
9.100.310 Seasonal Sales Businesses.
A. Purpose. This section provides regulations for temporary businesses
operating at a single location within an existing commercial building or interior
tenant space on a seasonal or short-term basis for a period not to exceed 90
consecutive days within a calendar year. This chapter shall not apply to those
businesses which intend to operate, or have been in operation, longer than a 90
day period at a single location.
B. Where Permitted. Seasonal sales businesses may be permitted with a
Temporary Use Permit as per Section 9.210.050 when identified as a permitted
land use under Section 9.80.040.
C. City Business License Required. All seasonal businesses shall obtain a City
Business License and have a point of sale within the City of La Quinta.
D. Signs. Temporary signs for seasonal sales businesses shall be permitted in
accord with Section 9.160.050 through approval of the Temporary Use Permit.
Permitted temporary sign material shall be limited to a minimum one -inch thick
plastic formed lettering affixed to the building facade. All sign lettering shall
promptly be removed upon expiration of the Temporary Use Permit and the facade
shall be restored to its prior condition. Seasonal sales businesses shall not be
permitted an additional sign permit for a "grand opening" banner or permanent sign.
Ordinance No. 480
Zoning Ordinance Amendment 2010-100
Title 9, various sections
Adopted:
Page 13
Exhibit "H"
9.160.050 Permanent signs in nonresidential districts.
Table 9-19 Permanent Signs Permitted in Nonresidential Districts With a Sign
Permit
Note: Freestanding signs shall not be located within 5 feet of a street right-of-
way nor within a corner cutoff area identified in Section 9.100.030.
Note: "ID" means identification sign.
Note: Signs required by law shall be allowed at the minimum size specified by
such law.
Sign Type
Maximum
Maximum
Maximum
Illumination
Additional
and
Number
Area
Height
Requirements
Placement
Building-
1 flush-
Flush-
8 ft.
Direct or
ID signs Pet
mounted or
mounted
mounted: 1
indirect for
peFMitted
permanent
plus 1
sq. ft. per
all signs
for tenants
window ID
under-
lineal ft. of
above the
signs for
canopy per
lease
ground
individual
tenant
frontage up
floor in
commercial
frontage
to
buildings
or office
along a
maximum
with only
tenants
street or
of 50 sq.
interior
along a
ft.
access
common-
aggregate
above
use parking
Under-
ground
lot with no
canopy: 3
floor shall
direct street
sq. ft.
require a
frontage
sign
ro ram
�.. ' 143
Ordinance No. 480
Zoning Ordinance Amendment 2010-100
Title 9, various sections
Adopted:
Page 14
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do
hereby certify the foregoing to be a full, true, and correct copy of Ordinance No.
480 which was introduced at a regular meeting on the 4`h day of May 2010, and
was adopted at a regular meeting held on the 18`h day of May 2010, not being less
than 5 days after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of La Quinta as specified in City Council Resolution No. 2006-1 15.
VERONICA J. MONTECINO, CMC, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do
hereby certify that the foregoing ordinance was posted on May 2010
pursuant to Council Resolution.
VERONICA J. MONTECINO, CIVIC, City Clerk
City of La Quinta, California
•'_ r144
Tw�p 4 4 Q"
COUNCIL/RDA MEETING DATE: May 18, 2010
ITEM TITLE: Approval of Second Reading and
Adoption of Ordinance No. 479 Amending Title 9 of
the La Quinta Municipal Code to Allow for Posting
of Temporary Signs in Certain Areas Within the
Public Right Of Way, Increasing the Time Period for
Posting, Increasing the Number of Signs Per Permit,
Clarifying Language of Certain Miscellaneous
Provisions and Providing for Retaining of Deposit for
Violations of Temporary Sign Requirements
(9.160.060).
RECOMMENDATION:
Adopt Ordinance No. 479 on second reading.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
AGENDA CATEGORY;
BUSINESS SESSION:
CONSENT CALENDAR: -1-6
STUDY SESSION:
PUBLIC HEARING:
On May 4, 2010, the City Council moved to take up Ordinance No. 479, as amended
(to allow posting for forty-five days, no median or right-of-way locations, two hundred
dollar deposit with fifty percent retained if ordinance is violated), by title and number
only and waive further reading. The City Council further moved to introduce Ordinance
No. 479 on first reading.
The motion to introduce Ordinance No. 479 carried by the following vote:
AYES: Council Members Evans, Franklin, Sniff
NOES: Council Member Henderson, Mayor Adolph
ABSENT: None
ABSTAIN: None
.W.. 145
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Adopt Ordinance No. 479 on second reading; or
2. Do not adopt Ordinance No. 479 on second reading; or
3. Provide staff with alternative direction.
Respectfully submitted,
Veronica J. IKntecino, CMC, City Clerk
Approved for submission by:
, � Am, "." -
Thomas P. Genovese, City Manager
�_ 146
ORDINANCE NO. 479
AN ORDINANCE OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING TITLE 9 OF THE LA QUINTA
MUNICIPAL CODE TO ALLOW FOR POSTING OF
TEMPORARY SIGNS IN CERTAIN AREAS WITHIN THE
PUBLIC RIGHT OF WAY, INCREASING THE TIME PERIOD
FOR POSTING, INCREASING THE NUMBER OF SIGNS
PER PERMIT, CLARIFYING LANGUAGE OF CERTAIN
MISCELLANEOUS PROVISIONS AND PROVIDING FOR
RETAINING OF DEPOSIT FOR VIOLATIONS OF
TEMPORARY SIGN REQUIREMENTS (9.160.060).
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(B)(3),
Review for Exemptions of the CEQA Guidelines; and
WHEREAS, the Planning Commission of the City of La Quinta, California, did
on the 13`h of April, 2010, hold a duly noticed Public Hearing for review of a
Zoning Ordinance Amendment proposing to allow the placement of permitted
temporary signs within the public right-of-way (9.160.060), to increase the time
period for placement of temporary signs, to increase the number of temporary
signs, clarify certain language, provide for retaining a portion of deposits for
temporary signs; and recommended approval of certain portions 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, 2010, 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 4`h day
of May, 2010, and considered the evidence, both written and oral, presented at
said hearing.
'u» 147
Ordinance No. 479
Zoning Code Amendment
Section 9.160.060 Temporary Signs
Adopted: May 18, 2010
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
La Quinta does ordain as follows:
SECTION 1. Title 9, the Zoning Ordinance of the La Quinta Municipal Code, is
amended as identified on Exhibit "A", 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 (13)(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 18t" day of May, 2010, by the
following vote:
n> 14
Ordinance No. 479
Zoning Code Amendment
Section 9.160.060 Temporary Signs
Adopted: May 18, 2010
Page 3
AYES:
NOES:
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta, California
ATTEST:
VERONICA MONTECINO, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
Ordinance No. 479
Zoning Code Amendment
Section 9.160.060 Temporary Signs
Adopted: May 18, 2010
Page 4
EXHIBIT A
9.160.060 Permitted temporary signs
A. Definition. "Temporary sign" means any non -illuminated sign which may require a
sign permit and which is intended to be posted for a maximum of sixty 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
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 one hundred.
F. Placement Restrictions. Temporary signs shall not be posted 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 and traffic signs or signals. Temporary signs shall not be located closer
than five feet from the edge of the paved area of any public road or street and shall not be
posted within any median located in a public road or street. Temporary signs shall be placed no
less than two hundred feet apart from identical or substantially similar temporary signs placed
within the city limits. Temporary signs shall not be posted in a manner which obstructs the
visibility of traffic or street signs or signals or emergency equipment.
�' 150
Ordinance No. 479
Zoning Code Amendment
Section 9.160.060 Temporary Signs
Adopted: May 18, 2010
Page 5
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 planning department for a sign permit. To insure sign removal upon
expiration of the permitted posting time, a deposit as established by city council resolution shall
be paid in conjunction with the issuance of the sign permit. Upon the successful removal of all
temporary signs, up to 100% of the deposit shall be refunded to the applicant. However,
violations of the temporary sign provisions may result in up to 50% of said deposit being
retained by the city.
1. Statement of Responsibility Required. Each applicant for a temporary
sign permit shall submit to the planning 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.
Standards for Approval.
a. Within ten business days of the planning department's receipt of a
temporary sign permit application, the planning 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
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
Ordinance No. 479
Zoning Code Amendment
Section 9.160.060 Temporary Signs
Adopted: May 18, 2010
Page 6
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 works contract 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 non -illuminated and its size shall not exceed thirty-two square
feet. (Ord. 468 § 1, 2009; Ord. 293 § 1, 1996; Ord. 284 § 1 (Exh. A) (part), 1996)
Ordinance No. 479
Zoning Code Amendment
Section 9.160.060 Temporary Signs
Adopted: May 18, 2010
Page 7
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.
479 which was introduced at a regular meeting on the 4" day of May, 2010, and
was adopted at a regular meeting held on the 18" day of May, 2010, not being
less than five days after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of La Quinta as specified in City Council Resolution No. 2006-115.
VERONICA J. MONTECINO, CIVIC, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do
hereby certify that the foregoing ordinance was posted on May , 2010 pursuant
to Council Resolution.
VERONICA J. MONTECINO, CIVIC, City Clerk
City of La Quinta, California
°4. 4aw
N 6b OFMEMORANDUM.
TO: Honorable Mayor and Members of City Council
VIA: Thomas P. Genovese, City Manager
FROM: Les Johnson, Planning DirectoV-)
DATE: May 17, 2010
SUBJECT: Ordinance No. 479 - Maximum Time Period
Exhibit A of Ordinance No. 479. inadvertently identified the maximum time period
allowed for temporary signs as sixty (60) days. The motion made by Council
Member Sniff and seconded by Council Member Evans clearly identified the
maximum time period as forty-five (45) days. Ordinance No. 479 and the
corrected Exhibit A are attached.
�. .154
ORDINANCE NO. 479
AN ORDINANCE OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING TITLE 9 OF THE LA
QUINTA MUNICIPAL CODE TO ALLOW FOR
POSTING OF TEMPORARY SIGNS IN CERTAIN
AREAS WITHIN THE PUBLIC RIGHT OF WAY,
INCREASING THE TIME PERIOD FOR POSTING,
INCREASING THE NUMBER OF SIGNS PER
PERMIT, CLARIFYING LANGUAGE OF CERTAIN
MISCELLANEOUS PROVISIONS AND PROVIDING
FOR RETAINAGE OF DEPOSIT FOR VIOLATIONS
OF TEMPORARY SIGN REQUIREMENTS
(9.160.060).
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 151061(B)(3),
Review for Exemptions of the CEQA Guidelines; and
WHEREAS, the Planning Commission of the City of La Quinta, California, did
on the 13"' of April, 2010, hold a duly noticed Public Hearing for review of a
Zoning Ordinance Amendment proposing to allow the placement of permitted
temporary signs within the public right-of-way (9.160.060), to increase the time
period for placement of temporary signs, to increase the number of temporary
signs, clarify certain language, provide for retaining a portion of deposits for
temporary signs; and recommended approval of certain portions 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, 2010, 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 4' day
of May, 2010, and considered the evidence, both written and oral, presented at
said hearing.
".. 155
Ordinance No. 479
Zoning Code 9.160 Amendment
Adopted:
Pago 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
La Quinta does ordain as follows:
SECTION 1. Title 9, the Zoning Ordinance of the La Quinta Municipal Code, is
amended as identified on Exhibit "A", 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 (13)(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 4" day of May, 2010, by the
following vote:
i
AYES:
NOES:
�.. 156
Ordinance No. 479
Zoning Code 9.780 Amendment
Adopted:
Page 3
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta, California
ATTEST:
VERONICA MONTECINO, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
151
Ordinance No. 479
Zoning Code 9.160 Amendment
Adopted:
Page 4
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) as.
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 5" day of May, 2609, and
was adopted at a,regular meeting held on the 19' 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. 2006-1 15.
VERONICA J. MONTECINO, CMC, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do
hereby certify that the foregoing ordinance was posted on
pursuant to Council Resolution.
VERONICA J. MONTECINO, CMC, City Clerk
City of La Quinta, California
.„.. ' 1 153
Ordinance No. 479
Zoning Code 8.760 Amendment
Adopted:
Page 5
EXHIBIT A
9.160.060 Permitted temporary signs.
A. Definition. "Temporary sign" means any non -illuminated sign which may require a
sign permit and which is intended to be posted. for a maximum of forty-five days. Temporary
signs include without limitation: political campaign signs, garage sale signs and seasonal sales
signs.
B. Maximum Time Periods. No temporary sigh shall be posted for more than forty-
five 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 -foursquare 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 one hundred.
F. Placement Restrictions. Temporary signs shall not be posted 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 and traffic signs or signals. Temporary signs shall not be located closer
than five feet from the edge of the paved area of any public road or street and shall not be
posted within any median located in a public road or street. Temporary signs shall be placed no
less than two hundred feet apart from identical or substantially similar temporary signs placed
within the city limits. Temporary signs shall not be posted in a manner which obstructs the
visibility of.traffic or street signs or signals or emergency equipment.
Ordinance No. 479
Zoning Code 9.160 Amendment
Adopted;
Page 6
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 planning department for a sign permit. To insure sign removal upon
expiration of the permitted posting time, a deposit as established by city council resolution shall
be paid in conjunction with the issuance of the sign permit. Upon the successful removal of all
temporary signs, up to 100% of the deposit shall be refunded to the applicant. However,
violations of the temporary sign provisions may result in up to 50% of said deposit being
retained by the city.
1. Statement of Responsibility Required. Each applicant for a temporary sign permit
shall submit to the planning 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 planning department's receipt of a temporary
sign permit application, the planning 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
p ry 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 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
�.. 160
ordinance No. 479
Zoning code 9.160 Amendment
Adopted:
Page 7
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 works contract 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 non -illuminated and its size shall not exceed thirty-two square
feet. (Ord. 468 § 1, 2009; Ord. 293 § 1, 1996; Ord. 284 § 1 (Exh. A) (part), 1996)
•«.. ' 161
Tedf 4 4 a"
COUNCILIRDA MEETING DATE: May 18, 2010
ITEM TITLE: Approval of a City of La Quinta
Marketing Plan for Fiscal Year 2010-2011
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION: _
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve a City of La Quinta Marketing Plan for Fiscal Year 2010-201 1 .
FISCAL IMPLICATIONS:
None associated with this action. The City Council is being asked to consider approval
of a City of La Quinta Marketing Plan for Fiscal Year 2010-2011 as a strategic
planning document and as a guide for the City's comprehensive marketing efforts
during the upcoming fiscal year.
Implementation of the proposed City Marketing Plan has financial implications of up to
$500,000, which represents the estimated cost of implementing the marketing
programs included therein. Cost estimates will be reviewed and further refined as part
of the City's annual budget process.
CHARTER CITY IMPLICATIONS:
The City Charter allows the City "to utilize revenues from the General Fund to
encourage, support and promote economic development." The City's Marketing Plan
is a key tool in promoting and supporting economic development in the City.
BACKGROUND AND OVERVIEW:
On April 6, 2010, via a study session, the City Council considered marketing strategies
for Fiscal Year 2010-201 1 . The purpose of the study session was to provide staff and
Furino/Greene Creative (the City's marketing firm) with direction on the marketing
programs to be implemented during the upcoming fiscal year.
N.. 162
Staff and Furino/Greene shared that numerous marketing programs were being
recommended as continuing efforts, including: Cooperative advertising with local
businesses, local advertising campaign, tourism website marketing, shopping map,
promotion of major events, regional advertising with Palm Springs Resort Communities
Convention and Visitors Authority (CVA), public relations, and a variety of City
communication pieces.
New marketing items presented included a focused "regional" advertising campaign
and a cutting edge opportunity to promote dining, shopping, and playing in La Quinta
through new cell phone technology. Generally, Council expressed approval of current
marketing efforts and supported both "continued" and "new" marketing programs
being proposed for Fiscal Year 2010-2011. In an effort to better organize the final
City of La Quinta Marketing Plan for Fiscal Year 2010-201 1 (Attachment 1), marketing
items have been organized into three main categories: 1) Regional Marketing, 2) Local
Marketing, and 3) Community Marketing.
Once Council approves the City Marketing Plan for Fiscal Year 2010-2011, staff will
work on a final scope of work and budget with Furino/Greene, who will assist in the
Plan's implementation (Council approved a three-year contract with Furino/Greene last
year).
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve a City of La Quinta Marketing Plan for Fiscal Year 2010-2011; or
2. Do not approve a City of La Quinta Marketing Plan for Fiscal Year 2010-201 1;
or
3. Provide staff with alternative direction.
Respectfully su fitted,
DougKs VEvaKs
Assistant City Manager — Development Services
Approved for submission by:
Thomas P. Genovese, City Manager
Attachment: 1 . City of La Quinta Marketing Plan for Fiscal Year 2010-201 1 163
City of La Quinta
2010-2011
MAMIk
EXECUTIVE ACTION
The efforts presented for this Fiscal Year build on the City of La Quinta's marketing
accomplishments during Fiscal Year 2009-2010. City staff and Furino/Greene Creative
dedicated a significant amount of time and energy to creating partnerships, not only with La
Quinta businesses, but also with special event organizers. The themes for 2010-201 1 are:
"Building on successful efforts" and "Continuing to do what is working."
The overall goals of City marketing efforts include:
• Increasing awareness of La Quinta as a premier tourist destination to attract more visitors
and generate revenue.
• Assisting businesses in the City during this challenging economy through cooperative
programs that maximize their advertising budgets while promoting the City as a viable
local destination for a variety of activities.
• Strengthening lines of communication with key City partners to better strategize City -
funded efforts that maximize and leverage marketing budgets.
• Supporting key community events to drive more people to La Quinta.
• Communicating with residents on important City news, events, and programs.
• Securing positive exposure for La Quinta in the media via a comprehensive public
relations program.
165
MARKETING
OBJECTIVE:
Create an ongoing effort geared toward drive-in and selected fly -in markets to communicate
the concept of staying and playing in the City of Lo Quinta, using large-scale events, hotels and
overall destination amenities.
TARGET MARKETS:
• Orange County
• Los Angeles
• San Diego
• Northern California
• Pacific Northwest
• Canadian West Coast
1. Cooperative Advertising Program: The cooperative program, started in Fiscal Year 2009-
2010 with an emphasis on the local market, will be expanded to create multiple opportunities
for La Quinta businesses to participate in advertising efforts directed at the target markets
identified above. Mediums to be offered include television, radio, outdoor, print, Internet and
others to be determined based on interest from the businesses.
2. City Advertising: In addition to any cooperative efforts that are developed, a separate
cohesive marketing campaign for the drive—in markets (e.g., Los Angeles, Orange County,
San Diego, Inland Empire) will be implemented to encourage hotel stays, dining, shopping
and playing in the City. This multi -tiered approach will encompass traditional mediums such
as print, television and radio, while incorporating new mediums such as Internet pay -per -click,
media website advertising and other options.
3. CVA Cooperative Advertising: Continue to work with the Palm Springs Desert Resort
Communities Convention and Visitors Authority (CVA) on cooperative advertising projects that
leverage the City's marketing dollars in various outside markets, including: Southern California,
Nevada, Arizona, Pacific Northwest, Midwest, and Western Canada. The various campaigns
involve print, radio, and online efforts to attract more visitors to the Coachella Valley as well as
support and ultimately grow air service.
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�.. 166
4. Internet Marketing: Efforts will be directed at several key elements using the Internet and
e-marketing techniques that keep the City of La Quints top of mind with the online target
markets.
a. Tourism Website: The "PlaylnLaQuinta.com" website is geared towards tourists and
visitors, and is also a great resource for residents. This year, the site will be overhauled to
include a new Shopping Page with an updated map, new photography and more interactive
components making it more user-friendly and supportive to the overall marketing efforts.
o Monthly updates will keep the site viable, current, and interesting.
O b. Pay -Per -Click Program: For the Regional efforts, a monthly Pay -Per -Click Program will
be added to drive more visitors to the site from the regional target markets (in Southern
California) to dine, shop, play, and stay in La Quinta. The program will utilize keywords that
place the site at the top of the search engines, where Internet customers can more easily
click on the La Quints site to book their hotels and make plans based around the special
events and amenities offered conveniently within La Quinta.
5. Regional Public Relations: Efforts will be maintained over the next fiscal year through a
D strategic plan that leverages all media purchases and creates a coordinated effort that results
in an increase of coverage for all City events and programs. For the Regional efforts, Public
Relations will encompass:
U a. Regional: Promote City events and amenities (golf, shopping, dining, museum, art,
etc.) that warrant PR efforts to regional feeder markets (LA, Orange County, San Diego,
Scottsdale, etc.). Where feasible, enhance PR release efforts with photos and B-roll for
personal follow-up with press contacts.
b. National: For those City events with national appeal such as the Arts Festival and Bob
Hope Classic, PR efforts will be expanded to encourage national coverage and attention to
the events in conjunction with the event organizers plans.
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Marketing Plan
4010 - 4011
MARKETING
OBJECTIVE:
0 Develop a cohesive plan that melds the Cooperative marketing for the businesses with an
ongoing advertising campaign to drive local Coachella Valley traffic to La Quinta to shop, dine
and play.
TARGET MARKETS:
• Coachella Valley
• La Quinta Residents
• Long-term Visitors
• Short-term Tourists
• All ages, specifically Adults ages 25+
1. Cooperative Advertising Program: Continue to develop this program that assists La
Quinta businesses by leveraging their marketing dollars via City -subsidized advertising. Work
with 2009-2010 partners to maintain their efforts, and add new partners to increase the amount
of local media exposure. A new electronic Catalog will be produced showcasing a variety of
media options, and new methods of connecting with local businesses will be utilized to ensure
participation is enacted, including several informational meetings, one-on-one meetings, and
outreach to the center landlords for group participation.
2. Local Marketing Campaign: Throughout the year, a City marketing campaign will be
implemented to encourage shopping, dining, and special event attendance using primarily print,
radio and outdoor. All advertising purchases will be leveraged with PR and enhanced with bonus
advertising such as live radio remotes.
3. Palm Springs Life Advertorial: This annual review of the City is part of PSL's "Coachella
Valley Cities" editorial focus in the October issue. It is a great opportunity to highlight Lo
Quinta's upcoming, ongoing and recently completed projects, programs and other pertinent
information with editorial and photography.
4. Events Brochure: Distributed at key outlets in La Quinta (SilverRock, hotels, Visitor's
Center, etc.) and through the Valley -wide rack card distribution system (over 160 outlets), this
informational brochure is geared towards highlighting events, programs, golf, and showcasing
the excitement and beauty of La Quinto.
5. Travel/Tourism Website & E-Marketing: The "PlaylnLoQuinto.com" website will be updated
as described previously, and for the Local Marketing efforts, the site will be marketed as a key
resource for finding shopping, dining and activities for both residents and visitors who are
0 currently here in the Valley.
0 a. Pay -Per -Click Program: For the Local market, a separate monthly Pay -Per -Click Program
will be incorporated to specifically target Internet users who are searching within the Valley,
in an effort to drive more local traffic to dine, shop and play in La Quinta. The program will
utilize keywords that place the site at the top of the search engines, where Internet customers
can more easily click on the La Quints site to search for restaurants, shopping locations and
Dactivities.
b. Social E-Marketing: Efforts will be maintained using various Social Marketing platforms
such as Facebook and Twitter, to continue to increase awareness of large-scale events and
specialty programs. These efforts are in conjunction with the Community Services department
and are integrated into both plans to drive traffic to the tourism website.
6. Mobile Phone Application: A new marketing tool will be developed and implemented
targeting locals and visitors. A new Mobile Phone Application, or App," will be designed using
a map template, like a travel guide, that can be accessed by mobile phone users (initially only
the (Phone and (Pad). The App allows tiered interactive access to shopping and dining business
listings, with a call to action to visit the Tourism Website for more complete information. It will be
free to download and updated quarterly. When available, the La Quinta App will be marketed
through all planned advertising efforts as well as PR.
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4010 — 4011
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7. Special Events Partnerships: The City marketing efforts will continue to support the
established large-scale events and corresponding organizers to create more of an association
O with the event and to better maximize revenue opportunities for La Quinta businesses.
a. Bob Hope Classic: With the entire event taking place in the City of La Quinta again,
meetings will be scheduled with event organizers early in the year to outline the sponsorship
package that continues to leverage the City's investment in this premier golf tournament.
\J\J Goals include: driving traffic and sales to La Quinta businesses, increasing room night
bookings at La Quinta hotels, and achieving national media exposure for the City.
b. La Quinta Arts Foundation: Continue to work with the La Quinta Arts Foundation team
to develop sound strategies that maximize respective advertising budgets and PR efforts while
expanding the scope of the overall marketing to reach regional and possibly national markets.
j� Coordinate marketing efforts to drive more traffic and sales for Lo Quinta businesses and
�j increase room night bookings at La Quinta hotels. Continue to support and promote Lo
Quinta Arts Foundation events such as Lo Quinta Arts Festival, Art Under the Umbrellas, and
Blues & Brews.
c. Desert Classic Concours d'Elegance: If the event is planned in La Quinta for 2011,
continue to work with event organizers to co -promote and leverage marketing budgets.
Encourage business participation and involvement of key non-profit partners such as the
Chamber of Commerce and La Quinta Arts Foundation.
d. La Quinta Chamber of Commerce Events: Support and promote Chamber events
such as the annual Rod & Custom Car Show and Taste of La Quinta via the City's newsletter,
calendar, websites, cooperative advertising program and other promotional efforts.
8. Public Relations/Local: As developed in 2009-2010, publicity efforts will focus on all City
events that are pertinent to local businesses, residents and tourists through distribution of monthly
Calendar listings to the media, and major releases when deemed appropriate. Emphasis will be
placed on Museum, Library and City events and programs.
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MARKETING
OBJECTIVE:
` Continue the ongoing dialog with residents to deliver pertinent and interesting information that
will enable residents to stay informed and interested in all that the City of La Quinta offers.
OTARGET MARKETS:
• La Quinta Full-time Residents
• La Quinta Seasonal Residents
1. City Newsletter: Produce "La Quinta City Report" newsletters, targeted to Lo Quinta
residents with information on City projects, programs and events. As was implemented in Fiscal
Year 2009-2010, two newsletters per 12-month period will be produced, slated to be delivered
prior to major events. The newsletters will also be converted to PDF files and posted on the
Government website for resident review.
Additionally, mention will be made in each issue that residents can submit their email address
C and receive City generated information and the newsletter via email upon request. If successful,
this might eliminate the need for a printed piece in the future, thereby saving resources and
funds.
Z The newsletters will also be uploaded to the Tourism website as a PDF, creating an interactive
page that further communicates the benefits of living in the City (similar to online news
programs).
2. City Calendar: Lo Quinta's annual calendar serves as a gift to residents and highlights
important meetings, key programs, and special events, while showcasing the City through
spectacular photography. A newly redesigned Calendar will be developed with an emphasis on
new photography and a design that can be hung on the wall or used on a desk.
3. The Gem: Continue to produce "City Scene" pages for The Gem (a monthly Chamber
newspaper that is delivered to La Quinta residents and Chamber members). Promote programs,
classes, special events, and important City news related to: SilverRock Resort, Museum, Library, Senior
Center, Community Services, Police, and special feature articles such as emergency preparedness,
commission vacancies, General Plan Update, and special messages from City partners.
GOLF 40R►GpgM
«.. ' 171
COUNCIL/RDA MEETING DATE: May 18, 2010
ITEM TITLE: Approval of Extension of Memorandum of
Understanding with Desert Sands Unified School District
Regarding School Resource Officers
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION: ��yy
CONSENT CALENDAR: /pu
STUDY SESSION:
PUBLIC HEARING:
Approve the extension of Memorandum of Understanding (MOU) with Desert Sands
Unified School District (DSUSD) regarding School Resource Officers (SROs)
Attachment 1►.
FISCAL IMPLICATIONS:
On October 7, 2003, the City entered into an agreement with DSUSD for fiscal years
2003-2007 to provide two SROs, one at La Quinta High School and one at La Quinta
Middle School (Attachment 2). On August 7, 2007, the City and DSUSD extended the
MOU for three School Resource Officers. The City and DSUSD agreed to each pay
50% for the cost of the SROs for the Fiscal Years 2007-2008 through 2009-2010
(Attachment 3). Included in the preliminary 2010-2011 budget is $168,500 which
represents 50% of the total cost of the three resource officers.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
For the past three years, the City has funded 50% of the cost of three School
Resource Officers, one of which is assigned to the La Quinta High School, one is
assigned to the La Quinta Middle School, and one is assigned to Colonel Mitchell Paige
Middle School. DSUSD would like to extend the agreement for three years for one
SRO for La Quinta High School and one year for the two SROs at La Quinta Middle
School and Colonel Mitchell Paige Middle School.
„ 172
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
Approve Extension of a Memorandum of Understanding (MOU) with Desert
Sands Unified School District regarding School Resources Officers; or
2. Do not approve Extension of a Memorandum of Understanding (MOU) with
Desert Sands Unified School District regarding School Resources Officers; 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
Attachments: 1. Memorandum of Understanding dated May 18, 2010
2. Memorandum of Understanding dated October 8, 2003
3. Memorandum of Understanding dated October 25, 2007
ATTACHMENT
SECOND AMENDMENT OF AN AGREEMENT BETWEEN THE
DESERT SANDS UNIFIED SCHOOL DISTRICT AND
THE CITY OF LA QUINTA FOR THE PLACEMENT OF
THREE SCHOOL RESOURCE OFFICERS
MEMORANDUM OF UNDERSTANDING
This Extension of a Memorandum of Understanding (MOU) is entered into by and
between Desert Sands Unified School District, hereafter referred to as DISTRICT
and the City of La Quinta, hereafter referred to as CITY.
The purpose of this Extension of a Memorandum of Understanding (MOU) is to
document the parties' understanding of the financial commitment to each pay 50%
of the cost of the three assigned School Resource Officers as follows:
One School Resource Officer at La Quinta High School for Fiscal Years 2010-
through 2013.
Two School Resource Officers, one at La Quinta Middle School, and one at Colonel
Mitchell Paige Middle School, for Fiscal Year 2010-2011 .
By signing this Extension of a MOU, the DISTRICT and CITY agree to financially
contribute the matching portions of the funds. All rates are estimates. The
DISTRICT will submit an invoice to the CITY using the "percent" of total costs as
the basis for the matching portions.
Dr. Sharon P. McGehee, Superintendent Date
Desert Sands Unified School District
Thomas P. Genovese, City Manager Date
City of La Quinta
•".. 174
ATTACHMENT
AGREEMENT BETWEEN THE DESERT SANDS UNIFIED
SCHOOL DISTRICT AND THE CITY OF LA QUINTA FOR THE
PLACEMENT OF TWO SCHOOL RESOURCE OFFICERS
FUNDED BY THE COPS IN SCHOOLS GRANT FUNDS
MEMORANDUM OF UNDERSTANDING
This memorandum of Understanding is entered into for the fiscal years
2003-2007, by and between Desert Sands Unified School District, hereafter
referred to as DISTRICT and the City of La Quinta, hereafter referred to as
CITY, for participation in the COPS In Schools Grant.
The purpose of this Memorandum of Understanding (MOU) is to document
the parties' understanding of the financial commitment required to support
the COPS Grant matching funds. Exhibit "A" outlines the required estimated
annual match for the next four fiscal years.
Over the first three years of the program, the COPS Grant will contribute
$250,000. For the fourth year of the program, the COPS Grant will not
provide any funding. The DISTRICT and CITY agree to continue the
program by funding the fourth year on an equal basis (50150).
This MOU provides two School Resource Officers to be assigned as follows:
One at La Quinta High School and one at La Quinta Middle School.
By signing this MOU, the DISTRICT and CITY agree to financially
contribute the matching portions of the COPS Grant as detailed in Exhibit
"A". All rates other than fiscal year 2003-2004 are estimates. The
DISTRICT will submit an invoice to the CITY using the "percent" of total
c as shown9n it "A" as the basis for the matching portions.
16-k��3
Dr. Doris Wilson, Superintendent Date
DS SD
/0- &- 43
Tom Genovese, City Manager Date
City of La Quinta
ATTACHMENT
AMENDMENT OF AN AGREEMENT BETWEEN THE
DESERT SANDS UNIFIED SCHOOL DISTRICT AND
THE CITY OF LA QUINTA FOR THE PLACEMENT OF
THREE SCHOOL RESOURCEOFFICERS
MEMORANDUM OF UNDERSTANDING
This Extension of a Memorandum of Understanding is entered into for fiscal years
2007 — 2008, through 2009 - 2010 by and between Desert Sands Unified School
District, hereafter referred to as DISTRICT and the City of La Quinta, hereafter
referred to as CITY.
The purpose of this Extension of a Memorandum of Understanding (MOU) is to
document the parties' understanding of the financial commitment to each pay 50%
of the cost of three School Resources Officers for Fiscal Years 2007-2008 through
2009-2010.
This MOU provides three School Resource Officers to be assigned as follows:
One at La Quinta High School, one at La Quinta Middle School, and one at Mitchell
Paige Middle School.
By signing this Extension of a MOU, the DISTRICT and CITY agree to financially
contribute the matching portions of the funds. All rates other than fiscal year
2007-2008 are estimates. The DISTRICT will submit an invoice to the CITY using
the "percent" of total costs as the basis for the matching portions.
Dr. ris Wilson, Superintendent
DSU D
4ma enovese, Ci Manager
Quinta
0- 0
Date
L.fr•o23.02-
Date
�.. 176
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COUNCIL/RDA MEETING DATE: May 18, 2010
ITEM TITLE: Consideration of a Request from the
Community Services Commission to Reduce the
Commission from Seven to Five Members
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Accept the recommendation of the Community Services Commission (Commission) to
reduce the number of Commission members from seven to five and direct staff to
prepare an ordinance modifying the La Quinta Municipal Code section 2.95.030 to
reflect that recommendation.
FISCAL IMPLICATIONS:
The savings of two less commissioners to attend Community Service Commission
meetings is $1,800 per year.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
On July 3, 2007, the City Council approved an Ordinance increasing the Community
Services Commission from five members to seven members.
Several members of the Commission have expressed that the Commission is very
active in obtaining resident feedback, attending and making suggestions to staff
regarding programs, facilities and events and providing recommendations to City
Council on a variety of relevant topics. Adding additional members has not made
significant improvements to the recommendations or involvement on the Commission.
On May 10, 2010, the Community Services approved a recommendation to reduce the
number of Commission members from seven to five. The Community
Services Commission currently has one vacancy and three members whose terms are
set to expire on June 30, 2010.
177
Should City Council approve this recommendation, staff will bring forward an
Ordinance Amendment at the June 1, 2010 City Council meeting.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Accept the recommendation of the Community Services Commission to reduce
the number of Commission members from seven to five and direct staff to
prepare an ordinance modifying the La Quinta Municipal Code section 2.95.030
to reflect that recommendation; or
2. Do not initiate a modification of Municipal Code section 2.95.030 from seven to
five members; or
3. Provide staff with alternative direction.
Respectfully submitted,
1�6-46
Edie Hylton
Community Services Director
Approved for submission by:
Thomas P. Genovese, City Manager
Twyl 4 4 Qumr(u
COUNCIL/RDA MEETING DATE: May 18, 2010
ITEM TITLE: Consideration to Procure the Lighting
Equipment and Poles, Approval of Plans, Specifications
and Engineer's Estimate, and Authorization to Advertise
for Bid the Colonel Paige Middle School Field Lighting,
Project No. 2008-06
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Im
Approve the request to procure the lighting equipment and poles based upon that
procurement being in the best interest of the City, approve the Plans, Specifications
and Engineer's Estimate, and authorize staff to advertise for bid the Colonel Paige
Middle School Field Lighting Installation, Project No. 2008-06.
FISCAL IMPLICATIONS:
The Fiscal Year 2008-2009 Carryover Capital Improvement Project Budget (Account
No. 401-1794-551.00) includes funding for the construction of the Colonel Paige
Middle School field lighting as follows:
Professional Services $6,375
Technical Services $24,863
Design $25,500
Construction $255,000
Contingency $0
Administration $12,750
TOTAL $324,488
The anticipated budget could not be determined until after a design was completed by
MRC Engineering and plans processed through the California Environmental Quality Act
and the Division of the State Architect. Based on the Engineer's Estimate prepared by
MRC, in the amount of $488,553, the anticipated budget is as follows:
Professional Services
$6,375
Technical Services
$52,634
Design
$25,500
Construction
$488,553
Contingency
$59,749
Administration
$24,428 1
TOTAL
$657,239
As illustrated, a shortfall in the amount of $332,751 exists between the approved
funding and the anticipated project budget. Considering the short fall is based on the
Engineer's Estimate and not actual contract bids, staff is not recommending an
appropriation at this time. The Quimby Fund has available reserves to fund this future
appropriation. Once bids have been opened, staff will bring back a request for an
appropriation from the Quimby Fund based on the bid results.
CHARTER CITY IMPLICATIONS:
Quimby funds are generated 100% locally from developer fees. Therefore, this will be
a non -prevailing wage project which may result in additional cost savings.
BACKGROUND AND OVERVIEW:
Due to the popularity of youth soccer and the increasing demand for field space in the
City, staff has been researching opportunities for additional fields to be used by the
local youth sports associations. This item was also identified in the May 2007
Community Services Master Plan as an important item to reduce the overcrowding at
La Quinta Park.
In 2006, staff began discussions with Desert Sands Unified School District (DSUSD)
for the use of the sports fields at the new Colonel Paige Middle School.
A DSUSD facility use contract (rental agreement) was approved in 2007 to utilize the
Colonel Paige Middle School soccer fields. The contract allowed the American Youth
Soccer Organization (AYSO) to use the fields for 90 hours during the soccer season.
This contract is currently subject to annual renewal.
The La Quinta AYSO moved their youngest divisions (ages 5-9) to the Colonel Paige
Middle School site and began conducting practices and games on Saturdays. Due to
the short days in the fall and the lack of lighting, the younger age divisions are not able
to use the Colonel Paige Middle School fields for practice during soccer season on the
weekdays. The field lighting will help address concerns of overcrowding and overuse
of the soccer fields at La Quinta Park and will allow more use of the fields at Colonel
Paige Middle School.
On June 16, 2009, City Council approved a Professional Services Agreement with
MRC Engineering, Inc. for Engineering and Design Services of field lighting at Colonel
Paige Middle School.
On January 12, 2010, the Planning Commission adopted Resolution 2010-001,
approving Conditional Use Permit 2008-116, for the installation of sports lighting at
Colonel Paige Middle School. Prior to approving the Project, the Planning Commission
certified a mitigated negative declaration that assessed the potential environmental
impacts of the sports lighting and concluded that the impacts would be mitigated to
less than significant.
„.. 100
The plans and specifications were submitted to the State of California Division of the
State Architect (DSA) as required for any construction project at school sites. DSUSD
and subsequently the City received approval of the plans and specifications from DSA
for the Colonel Paige field lighting on April 7, 2010.
The scope of work for this project is to provide materials and labor to install nine 75
foot light poles with a total of 62 light assemblies to provide lighting for five soccer
fields at Colonel Paige Middle School.
Considering the proposed improvement is a time sensitive project needing to be
substantially completed by September 7, 2010, staff requests authorization to procure
the lighting equipment and poles separate from the bid process. The lead time for the
lighting equipment is approximately 12 to 14 weeks.
If approved, the lighting equipment and poles will be manufactured and it is anticipated
they will be shipped by the time construction begins. That equipment would not be
part of the bid package. In order to exempt the acquisition of the equipment and poles
from the competitive bid process, pursuant to La Quinta Municipal Code Section
3.30.070.C, the City Council would need to find that the procurement is in the best
interest of the City. The staff recommends that the City Council make this finding
based upon Musco being the manufacturer, service contractor, and system controller
for both the La Quinta Sports Complex and La Quinta Park field lighting. By
purchasing Musco equipment for Colonel Paige Middle School, all three systems will be
controlled and serviced through one source. The actual construction will be scheduled
during the summer months with the target completion of the project before September
7, 2010 when school sessions will resume.
FINDINGS AND ALTERNATIVES:
Alternatives available to the City Council include:
1. Approve the request to procure the lighting equipment and poles based upon
that procurement being in the best interest of the City, approve the Plans,
Specifications and Engineer's Estimate, and authorize staff to advertise for bid
the Colonel Paige Middle School Field Lighting Installation, Project No. 2008-06;
or
2. Do not Approve the request to procure the lighting equipment and poles,
approve the Plans, Specifications and Engineer's Estimate, and authorize staff to
advertise for bid the Colonel Paige Middle School Field Lighting Installation,
Project No. 2008-06; or
3. Provide staff with alternative direction.
,"f 1s1
Respectfully submitted,
A14- �
Edie Hylt
Community Services Director
Approved for submission by:
Thomas P. Genovese, City Manager
182
Tit<r4lwQ"
COUNCIL/RDA MEETING DATE:
ITEM TITLE: Consideration of Selection of a
Representative to the Chamber of Commerce
Workshop/Information Exchange Committee
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION: .3
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve the selection of a member of the City Council to serve for three consecutive
meetings of the Chamber of Commerce Workshop/Information Exchange Committee.
FISCAL IMPLICATIONS:
1►rem
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The City Council has established a policy of appointing one of its members to serve on
the Chamber Workshop Information Exchange Committee for three consecutive
meetings. Kristy Franklin was the last Council appointee to this Committee and has
attended three meetings. The rotation of appointees has been as follows:
Mayor Pro Tem Kristy Franklin (11/17/09)
Mayor Adolph (5/19/09)
Council Member Kirk (1/19/09)
Mayor Pro Tem Henderson (10/7/08)
Council Member Osborne (3/18/08)
Council Member Sniff (10/2/07)
In order to continue this policy, a new Council representative should be appointed
at this time. The next meeting will be held on Monday, July 12, 2010.
�.. 1 S 3
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Appoint a new Council Member as a representative to the Chamber of
Commerce Information/Exchange Committee Workshop, and select a preferred
meeting schedule; or
2. Do not appoint a new Council Member as a representative to the Chamber of
Commerce Information/Exchange Committee Workshop; or
3. Provide staff with alternative direction.
Respectfully submitted,
Dou as R. vans
Assistant City Manager — Development Services
Approved for submission by:
Thomas P. Genovese, City Manager
�•. ' 184
REPORTS & INFORMATIONAL ITEMS: I9
COMMUNITY SERVICES COMMISSION
MINUTES
April 12, 2010
CALL TO ORDER
A regular meeting of the Community Services Commission was called to order at
5:31 p.m. by Chairperson Spirtos.
Commissioner Leidner led the Pledge of Allegiance.
PRESENT: Commissioners Brodsky, Fitzpatrick, Lawrence, Leidner, and
Chairperson Spirtos
ABSENT: Commissioners Biegel and Darroch
STAFF PRESENT: Edie Hylton, Community Services Director; Steve Howlett Golf
& Parks Manager; Angela Guereque, Senior Secretary; and Jean
Wilson, Office Assistant.
PUBLIC COMMENT —
Barb Adair, Desert Recreation District, thanked the City for the support of the Soap
Box Derby. There were approximately 325 spectators and 28 racers with winners
from La Quinta. Approximately 75 children participated in the Spring Break Camp.
Commissioner Fitzpatrick asked if a new fitness program had been started at the
Community Center. Ms. Adair stated that she would get back with that
information.
CONFIRMATION OF AGENDA
Chairperson Spirtos asked that Business Item No. 3 be moved before No. 1 due to
applicant being present.
Motion - It was moved by Commissioners Leidner/Brodsky to confirm the agenda as
corrected. Motion carried unanimously.
PRESENTATIONS - NONE
APPROVAL OF MINUTES
1. Approval of February 8, 2010 Minutes
185
Community Services Commission Minutes April 12, 2010
-2-
Motion — It was moved by Commissioners Brodsky/Fitzpatrick to approve the
minutes as submitted. Motion carried unanimously.
CONSENT CALENDAR - None.
BUSINESS SESSION
3. Consideration of Reimbursements to Eisenhower Medical Center for the
Purchase of Two Sculptures Title "Montagnes De La Quinta" and "Crescendo"
Located at the Eisenhower Medical Center, George and Julia Argyros Health Center
Director Hylton presented the staff report.
Commissioner Brodsky stated that he had visited the site and that the piece inside
is appropriate for public art.
Commissioner Leidner asked who would own the art. Director Hylton stated that
the Developer will own and maintain the piece for 25 years.
Commissioner Lawrence asked if the Commission has ever approved an art piece
after it has been installed. Director Hylton stated that the Developer usually brings
forth the artist and conceptual plan first; however, with this project the pieces are
already installed.
Commissioner Leidner asked if the majority of Developers ask for their Art in Public
Places fees back. Director Hylton stated that there are a substantial amount of
fees that are not returned to the developers.
Commissioner Fitzpatrick stated that she is concerned with the interior piece
because of the 25 year clause. Mr. Morris, Eisenhower Medical Center Project
Manager, stated that the interior art piece is part of the overall theme of the Center
and should not be changed in 25 years.
Chairperson Spirtos stated she likes the indoor piece but is concerned about it
being inside of a building. She also stated a concern that the rocks would not be
considered "art."
Commissioner Brodsky stated that it is not the Commissions job to decide if it is
art, but to decide if the project should •be recommended for funding.
Commissioner Leidner asked if there is anything in the City Ordinance that says the
Art in Public Places application must be submitted before the art is installed.
Director Hylton stated that there is nothing in the Ordinance with that language.
The process has always been to see the conceptual plan first.
•._ 1 186
Community Servires Commission Minutes April 12, 2010
J
Motion — It was moved by Commissioner Brodsky to recommend the
reimbursements of $50,000 of Art in Public Places funds to Eisenhower Medical
Center, George and Julie Argyros Health Center for the purchase of two sculptures
titled "Montagnes De La Quinta" and "Crescendo." Motion failed.
1. Consideration of the 2010-201 1 Community Services Annual Work Plan
Director Hylton presented the staff report.
Commissioner Fitzpatrick suggested adding language to the Park/Recreation
Planning and Development task that the Commission will make comments to the
General Plan; suggested Commissioners actively visit park sites to report back to
staff any needs; and suggested the Commission continue to have training with
other valley commissions.
Commissioner Leidner asked about the cooperation with Time Warner Cable and
Old Town for the open air cinemas. Director Hylton stated that the City and Time
Warner Cable would be sponsors and Old Town would be the coordinator.
Motion — It was moved by Commissioners Fitzpatrick/Leidner to approve the 2010-
2011 Community Services Commission Annual Plan and direct staff to present to
the City Council for consideration. Motion carried unanimously.
2. Consideration of Participation for the Multi -Generational Talent Showcase
Christina Calderon presented the staff report.
Motion — It was moved by Commissioners Fitzpatrick/Leidner to assign
Commissioner Spirtos to participate as emcee for the Multi -Generational Talent
Showcase. Motion carried unanimously.
STUDY SESSION — None.
DEPARTMENT REPORTS
1. Department Report for February 2010
2. Department Report for March 2010
COMMISSIONER ITEMS
1. Report from Commissioners Regarding Meetings Attended.
2. Calendar of Monthly Events
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Community Services Commission Minutes April 12, 2010
-4-
Director Hylton reminded the Commission of the General Plan Update meeting at
the Library on April 21, 2010 at 6pm.
PUBLIC HEARING — None.
OPEN DISCUSSION
Chairperson Spirtos suggested staff look at scaling back the Village Roundabout or
relocating the Art Piece to a place that is more to its scale.
Commissioner Fitzpatrick reported on a seminar she attended at the CPRS
Conference. The seminar, "Working Together: Maximizing Board Effectiveness,"
was hosted by Dr. Roy Moody.
The Presentation covered the 3 barriers to effective boards:
1. Commission not prepared;
2. "Loose cannon" members; and
3. Board too large.
Dr. Moody indicated some of the ways to sustain board effectiveness are to:
1. Reach out and get people with skills to balance needs of the board;
2. Board should, on a yearly basis, evaluate it's effectiveness;
3. Good orientation of new members;
4. Goals for each member; and
5. Get to know each other on a personal basis through retreats or training
sessions.
Dr. Moody indicated that communication is critical to Board effectiveness.
Communication should be friendly, open and positive. Members should speak
directly but tactfully, open to a continued dialog regardless of a position on an
issue. Attitudes about fellow board members develop due to a lack of
communication skills or disputes. These attitudes will lead to resentment and
disconnection by other members. If communication is not based on facts and
issues; but, rather steeped in behavior of one or two members there will be
melodrama on the board rendering the board ineffective.
ADJOURNMENT
It was moved by Commissioners Fitzpatrick/Leidner to adjourn the Community
Services Commission meeting at 6:37 p.m. Motion carried unanimously.
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Community Services Commission Minutes
0
April 12, 2010
NEXT MEETING INFORMATION:
A Regular Meeting of the Community Services Commission to be held on May 10,
2010 commencing at 5:30 p.m. in the City of La Quinta Study Session Room, 78-
495 Calle Tampico, La Quinta, CA 92253.
Community Services Senior Secretary
1619
REPORT/INFORMATIONAL ITEM: / r
INVESTMENT ADVISORY BOARD
MEETING
MARCH 10, 2010
I CALL TO ORDER
Regular meeting of the La Quinta Investment Advisory Board was called to
order at the hour of 4:00 p.m. by Chairman Ross, followed by the Pledge of
Allegiance.
PRESENT: Board Members Moulin, Ross and Rassi
ABSENT: Board Member Park
OTHERS PRESENT: John Falconer, Finance Director and Monica Radeva,
Secretary
II PUBLIC COMMENT — None
III CONFIRMATION OF AGENDA — Confirmed
IV CONSENT CALENDAR
A. Approval of Minutes of Meeting on February 10, 2010 for the
Investment Advisory Board.
MOTION: It was moved by Board Members Moulin/Bassi to
approve the minutes of February 10, 2010. Motion carried
unanimously.
V BUSINESS SESSION
A. Transmittal of Treasury Report for January 2010
Mr. Falconer presented and reviewed the staff report advising the
Board that the annual cash balance for the City ended slightly over
$191 million, with an increase of $25 million due to the first
installment of property taxes received from the County of
Riverside. Mr. Falconer further advised that previously reported
page 8 reflects the temporary purchase of Federal Home Loan bank
GSE's in the amount of $19 million, which is due to mature in
April; upon maturity, these funds will be rolled over temporarily for
an August maturity, at which time the funds will be used to pay
» 190
result of the temporary $19 million investment, the overall portfolio
yield ended at .43% with the pooled investment yield at .46%, in
comparison to the previous year's yield at 1.23%, which reflects
the interest rate environment. Mr. Falconer also advised that the
City holds a Certificate of Deposit with La Jolla Bank; in February
the bank was acquired by OneWest Bank through an agreement
with the Federal Deposit Insurance Corporation (FDIC), which has
no affect on the City's CD. In addition, he advised that LAIF
recently increased their maximum from $40 million to $50 million
per account.
Chairman Ross requested that the following correction be made to
page 3, last paragraph, and third sentence:
The Treasurer plans to invest these funds in either short term Farm
Credit (GSE) or Federal Home Loan Bank (G€S) 9 L..]
In response to Board Member Moulin, Mr. Falconer clarified that a
"bullet," is a type of investment and is similar to that of a T-Note
and is paid semi-annually. Mr. Falconer also clarified that the
balances on page 8 were the LAIF quarterly interest earnings for
the City and the RDA accounts.
General discussion ensued amongst the Board and Staff regarding
interest earnings and the scheduled payments dates of the pass -
through payments.
MOTION - It was moved by Board Members Moulin/Bassi to
approve, receive and file the Treasury Report for January 2010.
Motion carried unanimously.
B. Continued Discussion of the Investment Advisory Board 2009-
2010 Work Plan and 2010-2011 Investment Policy
Mr. Falconer advised that the Investment Policy was distributed at
the previous month's meeting for the Board's review and any
recommended changes would be discussed. He further advised
that staff made the necessary changes to the glossary according to
the MTA's glossary. Mr. Falconer further advised that after
considerable consideration to alternatives to LAIF, staff had no
recommendations at this time.
•«.. �' 191
Mr. Falconer advised of the minor changes made by staff to the
glossary: the definition of "Repurchase Agreement", the maximum
amount to LAIF as well as a few cosmetic changes.
The Board reviewed the changes/deletions to the 2010-2011 with
those changes being reflected in the draft investment policy.
MOTION - It was moved by Board Members Rassi/Moulin to
continue the review of the 2009-2010 Work Plan and the 2010-
2011 Investment Policy. Motion carried unanimously.
C. CMTA Conference - Sacramento, California, April 20 - 23, 2010
Mr. Falconer presented the staff report advising that the Annual
California Municipal Treasurers Association Conference will be held
April 20 - 23, 2010 in Sacramento, California. Mr. Falconer
further advised that the City does provide for one staff member
and two Board Members to attend.
In response to Chairman Ross, Mr. Falconer advised the Board of
his tentative travel plans. He further advised that if no Board
Members are able to attend, staff will bring back the Conference
materials for the Board to review.
MOTION - It was moved by Board Members Rassi/Moulin to have
two Investment Advisory Board Members attend the CMTA
Conference in Sacramento, CA. Motion carried unanimously
VI CORRESPONDENCE AND WRITTEN MATERIAL
A. Month End Cash Report and other selected Financial Data -
February 2010
Mr. Falconer presented and reviewed the staff report advising that
page 3 reflects the LAIF Performance reporting with the yields
currently at .53% with the average maturity at 222 days with the
City's average slightly below and the PMIA loan is at 17.65%. In
addition Mr. Falconer further advised that in February, the City had
its mid -year budget review; page 12 reflects the City's budgeted
projections, with a decline in the projected property taxes by 5%,
TOT taxes declined by 5% to 6% and sales taxes declined for the
year by 15%, which is a result of the current economy.
3... 192
In response to Chairman Ross, Mr. Falconer updated the Board on
the current status of the City's property taxes owed and clarified
why the City is considered a "teeter" city.
General discussion ensued amongst the Board regarding Prop 8 and
Prop 13 and their affects on current assessed value of City homes.
Noted and Filed
B. Pooled Money Investment Board Reports — December 2009
Mr. Falconer advised that page 1 reflects a comparison of the
pooled money with an increase in the state's pooled money from
December of 2008 at $59,947,044,000 to December 2009 at
$66,354,589,000.
Noted and Filed
VII BOARD MEMBER ITEMS — None
Vill ADJOURNMENT
MOTION - It was moved by Board Members Moulin/Bassi to adjourn
the meeting at 5:1 1 p.m. Motion carried unanimously.
Su itte
Vianka Orrantia,
Senior Secretary
4
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REPORTSANFORMATIONAL ITEM: C;L0
MINUTES
PLANNING COMMISSION MEETING
A regular meeting held at the La Quinta City Hall
78-495 Calle Tampico, La Quinta, CA
March 23, 2010
CALL TO ORDER
7:02 P.M.
A. A regular meeting of the La Quinta Planning Commission was called to
order at 7:02 p.m. by Chairman Alderson.
PRESENT: Commissioners Barrows, Quill, Weber, Wilkinson, and
Chairman Alderson
ABSENT: None
STAFF PRESENT: Planning Director Les Johnson, Planning Manager
David Sawyer, Assistant Planner Yvonne Franco,
and Executive Secretary Carolyn Walker.
II. PUBLIC COMMENT: None.
III. CONFIRMATION OF THE AGENDA: Confirmed.
IV. CONSENT CALENDAR:
It was moved by Commissioners Barrows/Wilkinson to approve the minutes
of March 9, 2010, as submitted. Unanimously approved.
V. PUBLIC HEARINGS:
A. Continued — Conditional Use Permit 2009-124; a request by T-Mobile
West Corporation for consideration to allow the placement of a fifty-
seven (57) foot tall monopalm tower and equipment enclosure within
the Family Heritage Church parking lot located at 78-998 Miles
Avenue.
194
Planning Commission Minutes
March 23, 2010
Planning Manager David Sawyer presented the staff report, a copy of
which is on file in the Planning Department. He also noted that staff
recommended continuation of this item to the April 13, 2010 meeting.
Chairman Alderson asked if there were any questions of staff.
Commissioner Wilkinson asked about listening to comments from the
public in attendance. Staff explained it was at the Commission's
discretion as to whether or not they would prefer to hear comments,
but staff's recommendation would still be for a continuance.
Commissioner Wilkinson asked for confirmation that the T-Mobile
application would return to the Commission in two weeks. Staff said
they anticipated it would be back in two weeks, but that was
predicated on the receipt of some additional information from the
applicant.
There being no further questions of the staff, Chairman Alderson
asked if there was any public comment.
Mr. Graeme Donaldson, 79-115 Camino Rosada, La Quinta CA — said
he had previously spoken in opposition to this project. He said he
took a further look at the site, and the cell towers in the vicinity, and
came to the conclusion that even at fifty-seven (57) feet the cell
tower would still stand out. He said cell towers tended to show their
age, after a couple of years, and would be even more noticeable. He
emphasized this was a residential, not commercial, neighborhood and
there were no two-story homes allowed on the edge of any nearby
development. He said the fire station and the church were engineered
well and blended in, but the cell tower did not. He suggested the cell
tower could be relocated to an area near the wash, near Kohl's, or
somewhere in that vicinity as there were currently cell towers there.
He commented that arrangements could possibly be made to co -locate
or add equipment to an existing cell tower rather than putting up
another one. An additional cell tower was just not required.
There being no additional questions, or public comment, Chairman
Alderson (did not close the public hearing, but) opened the matter for
Commission discussion.
,to.. 19.3
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Planning Commission Minutes
March 23. 2010
There being no further questions or discussion, it was moved and
seconded by Commissioners Wilkinson/Weber to approve continuation
of Conditional Use Permit 2009-124 to the April 13, 2010 meeting.
Unanimously approved.
B. Conditional Use Permit 2009-126; a request by Yamaha Golf Cars of
Palm Springs for consideration to allow the outdoor display of golf
cars in the Komar Desert Center parking lot.
Assistant Planner Yvonne Franco 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 asked if the entire development belonged to
Komar. Staff responded it was Komar Desert Center.
Commissioner Weber asked if Mr. Jim Brockman was the Property
Manager for Komar Desert Properties and staff responded he was.
Commissioner Weber asked if Komar was agreeing with the whole
plan as proposed by the applicant and staff said yes.
Commissioner Weber asked if there was any anticipation of issues
with Costco and did the site hinder, or impact, any ADA requirements.
Staff responded no to both questions.
Commissioner Quill asked about the property line on the parking lot
exhibits. Staff confirmed where it was. Commissioner Quill asked if
the parking spaces were actually on Costco; not Komar, property.
Staff said yes.
Chairman Alderson asked if the applicant had seen, and was in
agreement with, the conditions of approval. Staff said yes; but pointed
out the applicant had a couple of questions which they would direct to
the Commission.
There being no further questions of the staff, Chairman Alderson
asked if the applicant would like to speak.
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Planning Commission Minutes
March 23, 2010
Mr. Robert Forsythe, 79-785 Highway 111, Suite 103, La Quinta CA
— commented on Conditions 2 and 7. He stated they originally asked
for more golf cars to be placed in the parking lot, and it had been
reduced to two. He preferred the original number of three. He said
this would produce no impact on the site and they had anticipated
that display number when they originally leased this site.
Chairman Alderson asked for confirmation of the display layout which
staff provided.
Mr. Forsythe said they would like one golf car on the sidewalk and
three in the parking lot.
Mr. Forsythe also commented on Condition 7, requiring Costco
Corporate approval. He said he thought the Store Manager's signed
permission was adequate and did not see why they would need more
than that. He added that corporate approval could be quite hard to
obtain. Chairman Alderson asked why and Mr. Forsythe said it was a
big company and easier to deal with the local, rather than corporate
staff.
Staff responded, if the CUP was approved, they would review what
was submitted by the Store Manager, on the appropriate letterhead,
and see if it was adequate. If it was, it would be accepted.
Commissioner Weber asked if the applicant had seen a recent Desert
Sun article with comments from a golf cart dealer regarding seat belts
and the use of golf carts on streets, bike lanes and sidewalks. Mr.
Forsythe said he had not.
Commissioner Weber encouraged Mr. Forsythe, and his staff, to
become familiar with the local regulations so the public would not be
misled as to where and when the golf carts could be used. The
drivability of the golf carts would be different if they are
registered/licensed, with the City and the State; than if they were not.
Commissioner Weber wanted to make sure that Mr. Forsythe was very
pro -active about providing that information. Mr. Forsythe said they
would as they wanted to be good partners with the City.
Commissioner Barrows asked Commissioner Weber if he was referring
to the new City Golf Cart Program and requesting the applicant make
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Planning Commission Minutes
March 23, 2010
sure, that when he sells a golf cart, it meets those requirements.
Commissioner Weber said he wanted to make sure the sales staff did
not mislead the general public with statements such as those
published recently in The Desert Sun regarding where, and what type
of, vehicles could be driven. He said there was a lot of incorrect
information in the article.
Staff responded the article made reference to the cart (or car)
equipment and the ability to use bike lanes, and sidewalks throughout
the community which was inconsistent with the City's Golf Cart
Program.
Commissioner Barrows asked for clarification on what the concern
was and Commissioner Weber responded sidewalks, and bike lanes
are not for golf carts.
Chairman Alderson asked about hours of operation. Mr. Forsythe
outlined the hours for both summer and winter operation.
There being no further questions of the staff, Chairman Alderson
asked if there was any public comment.
There being no additional questions, or public comment, Chairman
Alderson opened the matter for Commission discussion.
Commissioners Quill said he felt the Costco Store Manager's
authorization was sufficient.
Commissioners Wilkinson and Weber did not have any issues with the
additional parking spaces; however, they did feel staff could
adequately address the issue of the proper authorization from Costco.
Chairman Alderson asked about setting a precedent with the
recommendation of an additional space to the parking lot display.
Staff explained their recommendation was based on a previous
decision made by the Commission, on a similar application; but noted
it was the Commission's prerogative to adjust the number of cars
displayed.
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Planning Commission Minutes
March 23, 2010
There was no further discussion and it was moved and seconded by
Commissioners Weber/Wilkinson to approve Resolution 2010-009_for
approval of Conditional Use Permit 2009-126 as submitted with the
addition of the following amendments:
Condition 2 be amended to read "...a maximum of four (4) outdoor
golf car displays, one (1) on the sidewalk location and three (3) in the
adjacent Costco parking spaces;.." instead of three (3) outdoor
displays.
Condition 7 be amended to read "...Written authorization by Costco
Wholesale as reviewed and accepted by staff..." in order for the
applicant to obtain approval on Costco letterhead and staff to review
the approval for appropriateness.
Unanimously approved.
VI. BUSINESS ITEMS: None
VII. CORRESPONDENCE AND WRITTEN MATERIAL: None
Vill. COMMISSIONER ITEMS:
A. Report on City Council Meeting of March 16, 2010, from
Commissioner Barrows. (A brief summary of the meeting was given
followed by discussion of several items.)
B. Chairman Alderson noted Commissioner Quill was scheduled to report
back on the April 6, 2010, Council meeting.
C. Commissioner Weber asked if staff had received any comments on the
Draft EIR for the Dune Palms and Highway 1 1 1 (Specific Plan).
Staff responded they had received comment from a State agency and
did not anticipate many further comments. It was added that they
had tried to be as current as possible with the latest environmental
requirements. It was anticipated to be heard by the Planning
Commission on April 27, 2010, unless additional comments were
received and needed to be more adequately addressed.
Planning Commission Minutes
March 23, 2010
IX: DIRECTOR ITEMS:
A. Staff announced the first Community Workshop for the General
Plan Update will be held on April 21, 2010, from 5:30 p.m. to
8:00 p.m. at the La Quinta Library. It will be an interactive
environment with the objectives of educating the public on the
update process and obtaining more of the public's input into
that process. Staff added the Commission would be receiving a
more detailed report in their April 13, 2010, packet. (General
discussion followed).
X. ADJOURNMENT:
There being no further business, it was moved and seconded by
Commissioners Wilkinson/Alderson to adjourn this regular meeting of the
Planning Commission to the next regular meeting to be held on April 13,
2010. This regular meeting was adjourned at 7:38 p.m. on March 23,
2010.
Respectfully submitted,
Carolyn Walker, Executive Secretary
City of La Quinta, California
2U
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REPORTS/INFORMATIONAL ITEM: :
MINUTES
PLANNING COMMISSION MEETING
A regular meeting held at the La Quinta City Hall
78-495 Calle Tampico, La Quinta, CA
April 13, 2010 7:03 P.M.
CALL TO ORDER
A. A regular meeting of the La Quinta Planning Commission was called to
order at 7:03 p.m. by Chairman Alderson.
PRESENT: Commissioners Barrows, Quill, Weber, Wilkinson, and
Chairman Alderson
ABSENT: None
STAFF PRESENT: Planning Director Les Johnson, Planning Manager
David Sawyer, City Attorney Katherine Jenson,
Principal Planner Andrew Mogensen, Assistant
Planner Eric Ceja, and Executive Secretary Carolyn
Walker.
II. PUBLIC COMMENT: None.
III. CONFIRMATION OF THE AGENDA: Confirmed.
IV. CONSENT CALENDAR:
It was moved by Commissioners Weber/Wilkinson to approve the minutes of
March 23, 2010, as submitted. Unanimously approved.
V. PUBLIC HEARINGS:
A. Street Name Change 2010-020; a request by Farah Meadows — La
Quinta High School Senior Class advisor for consideration of a street
name change from Westward Ho Drive to Blackhawk Way for the
portion of Westward Ho Drive that is west of Dune Palms Road and
east of Adams Street.
'a.. 2r 1
Planning Commission Minutes
April 13, 2010
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.
Commissioner Weber asked if the City of Indio had any comments on
this request. Staff responded that the request had been routed to the
City of Indio but no comments had been received.
Commissioner Weber asked if a cost estimate had been provided to
the applicant. Staff responded the applicant has been made aware of
the condition and was put in touch with personnel in the Public Works
Department regarding the estimate.
Chairman Alderson asked if any other neighbors had come forward
with comments. Planning Director Johnson referred him to the letter
from Mr. Chank (Attachment 3), a property owner on the north side of
the street who was in full support of the change.
There being no further questions of the staff, Chairman Alderson
asked if there was any public comment.
Ms. Farah Meadows — Senior Class Advisor, La Quinta High School,
79-255 Westward Ho Drive, La Quinta CA — gave the background and
relayed to the Commission the reasons for the Senior Class request for
the name change. She also explained the school procedures they had
to follow to accomplish moving the request forward, including getting
approval from the students, faculty, and the Desert Sands Unified
School District (DSUSD) School Board. She told how every Senior
Class comes up with a gift for the school and this year's seniors and
the administration were in support of the name change. She explained
how excited the seniors were and said their goal was to get
everything changed before graduation on June 10, 2010. She said it
would definitely improve school spirit.
Ms. Brittney Boiko — Senior Class President, 44-750 Seeley Drive, La
Quinta CA — said the Senior Class wanted to make a lasting impact on
the school and improve school spirit. They wanted to give the school
something that would make all the present and future students feel
better about going to their school. She added, changing the street
name may not seem like much, but it is a matter of student pride to
say, "you're on Blackhawk Way." She spoke about filling out
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Planning Commission Minutes
April 13, 2010
scholarship applications and how it would have made her very proud
to put Blackhawk Way, instead of Westward Ho Drive. She expressed
he pride, as Senior Class President, to look back and know her class
made such a huge impact.
Mr. Miles Black — Senior Class Member, 45-390 Desert Fox Drive, La
Quinta, CA — explained his high school expectations, what led him to
become a member of the Associated Student Body (ASB), and how
being involved in their activities made a difference in his perspective.
He said knowing that your Senior Class made this important change
has a lot of meaning and every time he visits, from college, he will be
proud that it was the Class of 2010 that made such an impact. He
added that teachers will be able to point out the name change and tell
students they can make an impact on future generations.
There being no additional questions, or public comment, Chairman
Alderson opened the matter for Commission discussion.
There being no further questions or discussion, it was moved and
seconded by Commissioners Weber/Barrows to adopt Resolution
2010-010 recommending approval of Street Name Change 2010-020
to the City Council as submitted. Unanimously approved.
B. Continued — Conditional Use Permit 2009-124; a request by T-Mobile
West Corporation for consideration to allow the placement of a fifty-
seven (57) foot tall monopalm tower and equipment enclosure within
the Family Heritage Church parking lot located at 78-998 Miles
Avenue.
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.
Commissioner Wilkinson said an e-mail he received stated it would not
be possible to co -locate on another tower. He asked for more
specifics on the towers and why it was not possible. Staff said there
was an explanatory letter included in the packet, but the applicant
would be more qualified to answer that question, but staff was told
the existing towers were too far south from the area that they are
trying to provide service to, on the north.
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Planning Commission Minutes
April 13, 2010
There being no further questions of the staff, Chairman Alderson
opened the public hearing and asked if the applicant would like to
speak.
Mr. Jay Greenwood, T-mobile representative, 1594 N. Batavia Street,
Orange CA - introduced himself and stated he was taking over for
Maryann Harwood, who previously spoke to the Commission. He has
taken over the zoning process for this particular site and he was
available to answer questions. He then passed around a sample of the
bark and palm fronds which were to be used.
Chairman Alderson asked if the applicant had a maintenance
agreement, for the enclosure, with the church. Mr. Greenwood said
yes.
Chairman Alderson asked about graffiti removal. Mr. Greenwood
responded T-mobile has somebody go out to every site, every month
for maintenance. Their lease agreement states they do all the
irrigation and planting, and the church maintains all the landscaping
once it's planted.
Chairman Alderson asked about planting rotation and color of the
block wall. Mr. Greenwood responded they were planting
bougainvillea around the CMU wall. He added that they had not yet
selected a color for the block wall; however they would try to match
the color palette of the church.
Chairman Alderson asked if the applicant had read all the conditions
and if he had a problem with any of them. Mr. Greenwood said he
had read them and had no problem with them.
Chairman Alderson then complimented Mr. Greenwood on the
lowering of the tower from 70 down to 57 feet. He then asked if the
applicant had increased the number of fronds. Mr. Greenwood said
yes, they increased the number from 30 to 80.
Commissioner Wilkinson asked about re -location of the tower and Mr.
Greenwood's engineering credentials. Mr. Greenwood responded T-
mobile had their own FR (radio frequency) engineers and they say
none of those sites work.
Planning Commission Minutes
April 13, 2010
Commissioner Wilkinson asked why there were unable to co -locate on
a different pole. Mr. Greenwood then responded by referring to
Attachment 7, and an explanation of service coverage. He pointed
out the locations of other carriers' towers and explained they were not
in an area that would provide optimum coverage; that to co -locate on
those towers would be of no benefit to anyone and would not provide
anymore significant coverage than what they have currently.
Commissioner Wilkinson asked if they had included all the existing
towers in the area, not just La Quinta. Mr. Greenwood said these
were all the existing towers that he could find and they were all the
existing towers that staff was aware of. Staff responded that was
correct.
Commissioner Wilkinson asked if there were additional towers in the
County or Bermuda Dunes that they were unaware of. Mr. Greenwood
said there could be, but he said he checked every other carrier's
website and there was nothing listed in Bermuda Dunes.
Commissioner Wilkinson commented on the adequacy of his own cell
service and asked how other companies were able to provide that.
Mr. Greenwood said he could not speak for other carriers and pointed
out that Commissioner Wilkinson had, at one time, indicated he had a
radio signal booster which could have helped.
Commissioner Wilkinson said he had that before the new tower went
into the area and now he does not use it. Mr. Greenwood commented
on a tower in a nearby golf course and suggested that might be
Commissioner Wilkinson's server.
Commissioner Wilkinson asked if he couldn't co -locate on that tower.
Mr. Greenwood said they couldn't and referred him to the coverage
map; specifically the C-shape of the red zone, showing they would still
miss a significant portion of our coverage by co -locating.
Commissioner Wilkinson said he thought it would be more appropriate
if they could get an agreement to co -locate with another carrier. Mr.
Greenwood then discussed the fact that this had been thoroughly
looked into and then gave the Commission information on sites,
r
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Planning Commission Minutes
April 13, 2010
heights, and coverage. He commented they might be able to get a bit
more coverage, but wasn't sure if they would be able to get the height
needed.
Commissioner Wilkinson asked if he researched the co -location tower
heights and service. Mr. Greenwood said they didn't, but he was
referring to another 58 foot monopalm; the same height as the one
proposed. He said it would probably have to be at least 80 or 90 feet
high to get coverage where they need it and it's in the middle of a
residential area so they did not explore that. Commissioner Wilkinson
asked if he could check on this and respond back to the Commission.
Mr. Greenwood said yes.
Commissioner Wilkinson commented on the reduction of the tower
from 70 feet to 57 feet; which was an 18-1/2% variable and asked
Mr. Greenwood to comment on this variable. Mr. Greenwood
commented on the antennas in the area and the height needed to
provide their signal.
Discussion followed regarding all the previous presentations, the
change in height of the cell tower and the photo simulations.
Commissioner Barrows commented on moving the cell tower closer to
the church and asked if there was a reason why that couldn't be
done. Mr. Greenwood said to move it within the site would have an
impact on coverage and pointed out where the other grove of palm
trees was. He added it wouldn't materially impact the coverage.
Planning Director Johnson mentioned if there was a potential
relocation they would have to follow the Municipal Code setback
requirements for these types of facilities. If the tower would be
moved closer to Adams, there may be some potential issues because
of proximity to the perimeter of the property.
Discussion followed regarding possible relocation sites and setback
limitations.
Commissioner Weber asked if Mr. Greenwood would now be
responsible for this coverage area. Mr. Greenwood said he was for
this site, but they were currently looking at other cell sites within La
Quinta and he would be representing one or two of them.
M
Planning Commission Minutes
April 13, 2010
Commissioner Weber commented he appreciated the height
adjustment, but asked how that could so readily be done and asked
Mr. Greenwood to confirm the height was 57 feet; which he did. He
also referred to the original submittal showing the 70 foot height and
the latest map showing the difference with the reduction. He said
when you reduce the height, you reduce the coverage area. He
explained how the RF engineers arrived at what height was needed.
Commissioner Weber inquired about the screening which included the
30 to 35 foot live palms, maintained by the church. Mr. Greenwood
said this would help with the visual massing so it looks more like a
natural stand of trees. Commissioner Weber said that was a great
idea.
Commissioner Weber asked about relocation sites which would be
acceptable with the setback requirements. Staff commented on the
pros and cons of various sites and discussion followed.
Chairman Alderson asked Mr. Greenwood if there was any way that
the signal could be increased on one of the surrounding area towers.
Mr. Greenwood said no and explained why that could not be done as
well as why they were not co -locating this tower.
Commissioner Wilkinson asked again about how others could provide
service in the same area and T-mobile could not. Mr. Greenwood said
the RF engineers have advised him that none of those sites work. He
said he could not speak for other carriers, only T-mobile.
There being no further questions of the applicant, Chairman Alderson
asked if there was any public comment.
Mr. Chris McFadden — 42-635 Melanie Place, Suite 102, Palm Desert
CA — architect of record and also serves on the board at Family
Heritage Church - introduced himself and said the re -location of the
tower to the south would not be acceptable to the church. He
outlined all the lighting and landscaping work the Church had done as
well as their future plans for the site. He added, they worked with T-
mobile on the choice of location and it will not affect the future
development of the church; which he briefly described. He said he
could not speak to the cell coverage issues, only to the aesthetics.
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April 13, 2010
Commissioner Weber asked if the alternate location was not adequate
due to the proximity to the front. Mr. McFadden said yes, and
explained why.
Commissioner Weber asked if there would be any limitations to placing
the tower on the actual building, or immediately adjacent. Planning
Manager Sawyer said there would be none, other than the structural
capacity of the building itself.
Mr. McFadden said the main building was a metal building and
structurally speaking could not accommodate the tower. The new
wings were done under the current code which would cause the tower
to be fairly close to Vista Dunes. It was conceivable, but this would
create another expense if it was a tower -type and attached to one of
their buildings.
Commissioner Weber asked about the grassy area to the south. Mr.
McFadden said that was a future building site and explained the
church's development plans.
Commissioner Quill asked Mr. McFadden if the wall around the
facilities would be done in same slump stone similar to what was
already there. Mr. McFadden said yes, with some bougainvillea on it to
protect it from graffiti.
There being no additional questions, or public comment, Chairman
Alderson opened the matter for Commission discussion.
Commissioner Weber said he still had concerns regarding coverage,
the proliferation of cell towers, additional cell tower locations, the
sensitivity of the location due to the proximity of the residential
neighborhood, as well as additional engineering questions.
Commissioner Quill said the property owner had agreed on the
location. It is a revenue source for the church and their representative
was there to provide answers to the Commission. He did not have
any issues with the application; especially since they had lowered the
height significantly and added the palm trees for visual blending.
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Planning Commission Minutes
April 13, 2010
Commissioner Wilkinson said he was not satisfied with the answers
about existing towers and co -location and he was not in support of
this.
Commissioner Quill commented that at the last meeting a resident -in -
opposition promised there would be additional residents attending the
meeting and there were actually no residents in attendance.
Commissioner Wilkinson asked if notices went out. Staff responded
they followed all requirements for noticing and pointed out that the
neighbors that were in attendance, the last time, were informed of the
continuance date.
Chairman Alderson addressed Mr. Greenwood by asking if there had
been any improvements made in the design of these cell towers to
soften their appearance. He said he hadn't gotten any answers in the
previous meetings so he called the manufacturer and asked him. The
bottom line, of the conversation, was there are three things you can
do to customize a tower: 1) raise it, 2) lower it; or 3) add more than
50 fronds. He added he still had problems with: 1) the appearance, 2)
the height, and 3) the reception issue; since others in the area are not
experiencing problems. He suggested the applicant should look into
how others in the area are receiving clear signals.
Commissioner Wilkinson said he was ready to recommend a motion
for denial of the application on the grounds of incompatibility with the
surrounding uses.
Commissioner Quill commented that the application would have to go
back through the whole application process if this is denied. He
suggested a continuance for the applicant to have time to return with
his RF engineer to answer the Commissioners' questions.
Commissioner Weber asked for clarification of the procedures and
what would be addressed at the continued meeting.
Planning Director Johnson explained the procedures and what issues
needed to be considered. He referred the Commissioners to look at
the resolution that was provided in the packet, on page 7 and
encourage them to carefully consider item 4 with regards to the
findings in the compatibility of surrounding uses and for that
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April 13, 2010
consideration to be given if you actually proceed forward with the
motion for denial.
Commissioner Wilkinson asked for clarification.
City Attorney Jenson said in other words if you are going to move to
deny it; you can have your reasons, but you want to also make a
finding that it's not compatible with the neighborhood. That would
then be the legal basis for denial. You can then explain that you
would be doing that because of lack of information.
Commissioner Wilkinson commented he e-mailed his questions to Mr.
Greenwood and he felt there had been an adequate amount of time
allowed to answer those questions.
Chairman Alderson re -opened the public hearing portion of the
meeting.
Mr. Greenwood said he couldn't speak for other vendors but they
have researched the cell sites there, but he could not respond to the
question of why Commissioner Wilkinson is able to get full coverage.
According to their RF engineers, they need to have this tower to
provide adequate service for their customers.
Commissioner Weber commented on the fact that the previous request
was for a 70 foot tower and now itis only 57 feet. He said the
applicant should request what they actually needed. It is the role of
the Planning Commission to safeguard and properly plan for the
community and we require our applicants to come in with factual
knowledge. He said it troubled him that their questions were not
answered. He said what should have happened was a radio frequency
(RF) expert should have been brought in to answer these questions.
Mr. Greenwood said he could bring in the RF expert but, if that's the
basis of your denial, the expert's going to come and tell you it doesn't
work for the same reasons that I told you it doesn't work, so just deny
my application now.
There was no further discussion and it was moved and seconded by
Commissioners Wilkinson/Weber to adopt Resolution 2010-011
denying Conditional Use Permit 2009-124 due to lack of compatibility
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April 13, 2010
with the surrounding neighborhood uses. AYES: Commissioners
Wilkinson and Weber NOES: Commissioner Barrows, Quill, and
ABSENT• None ABSTAIN: None.
Chairman Alderson
(The motion did not carry.)
Planning Director Johnson recommended the Commissioners identify
specifics they would like to see from the applicant; which he
paraphrased as: 1) why they cannot co -locate on other existing towers
in the area as identified on the map, and 2) confirmation that the
towers identified in the exhibits are correct.
Commissioner Weber added he would like to have the rationale for the
height of 57 feet; since it was reduced from 70 feet.
Discussion followed as to whether the applicant should be required to
answer the question of why other carriers in the area are able deliver
service with the present towers. Staff explained the difficulties of
obtaining that information and the net result was Commissioner
Barrows suggested an RF engineer be in attendance in lieu of the third
party.
There was no further discussion and it was moved and seconded by
Commissioners Quill/Barrows to continue Conditional Use Permit
2009-124 to the meeting of April 27, 2010, to allow the applicant to
return with responses to the Commissioners' requests. Ayes:
Commissioners Barrows, Quill, Weber, and Chairman Alderson NOES:
Commissioner Wilkinson ABSENT: None ABSTAIN: None
Note: the Public Hearing remains open)
C. Zoning Ordinance Amendment 2010-100; a request by City of La
Quinta for consideration of the following amendments to the La Quinta
Zoning Ordinance: Adjust the Guesthouse Provisions in the Table of
Permitted Uses (9.409.040), Adjust the Guesthouse Provisions in the
Supplemental Residential Code (9.60.100), Prohibit Single -Family
Homes Within the Village Commercial District (9.65.020), Identify Golf
Cart Sales in the Table of Permitted Uses (9.80.040), Adjust the
Permitted Date for Christmas Tree Sales (9.100.080), Adjust the Used
Car Sales Regulations (9.100.300), Permit the Use of Seasonal Sales
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April 13, 2010
Businesses (9.100.310), Address Multi -Tenant Office Sales
Businesses (9.100.310), and Address Multi -Tenant Office Complexes
with Interior Tenants in the Sign Code (9.160.050).
Principal Planner Andy Mogensen 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 further questions of the staff, and the City being the
applicant, Chairman Alderson asked if there was any public comment.
There being no additional questions, or public comment, Chairman
Alderson opened the matter for Commission discussion.
Commissioner Wilkinson commented on the sale of Christmas Trees
the weekend of Thanksgiving and his concerns about: 1) one holiday
interfering with another and 2) the problem of the trees drying out and
becoming a fire hazard.
Planning Director Johnson explained where the trees come from, when
they are cut, and their storage and care. He added there was only a
four -day difference, which was not significant, and included the fact
that the Fire Department had no comments. In addition, he noted that
the neighboring jurisdictions were selling trees at that time and there
would be no conflict with parking; even on the biggest shopping day
of the year.
Commissioner Wilkinson asked about the location of the Commercial
Park Zoning District. Staff pointed out the various locations.
Commissioner Wilkinson asked if it was permissible to sell used cars in
the Commercial Park Districts. Staff said yes and then explained what
was involved in applying for those permits.
Commissioner Quill commented that it was a discretionary approval.
Staff responded that was correct.
Commissioner Wilkinson asked for an explanation of the updated
temporary sign code. Staff asked if he was referring to temporary
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April 13, 2010
seasonal sales facilities; to which he responded yes. Staff gave an
explanation of different types of signs and banners; as well as code
requirements in other cities.
Commissioner Wilkinson asked about temporary businesses and their
effect on permanent businesses; using the example of the previous
flea market request. Staff responded this applied to interior tenants
and the Code change would ensure they get a City business license
with point -of -sales within the City of La Quinta. Staff could not
comment on the competitiveness of a business -to -business
relationship.
Planning Director Johnson explained why the change was needed;
using the example of a seasonal Halloween costume shop. He said
the Municipal Code had not previously addressed a temporary
business coming in. This change would now allow a mechanism to
address any issues involved with those types of businesses.
There was no further discussion and it was moved and seconded by
Commissioners Barrows/Quill to adopt Resolution 2010-011
recommending approval to Council of Zoning Ordinance Amendment
2010-100 as submitted. Unanimously approved.
D. Zoning Ordinance Amendment 2010-101; a request by City of La
Quinta for consideration of the Following Amendments to the La
Quinta Municipal Code: Restrict the Placement and Maximum Time
Period of Permitted Temporary Signs Within the Public Right -Of -Way;
and Revise Table 9-17, to Remove Maximum Sign Size and height
Restrictions for Exempt Signs.
Planning Director Les Johnson 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 further questions of the staff, and the City being the
applicant, Chairman Alderson asked if there was any public comment.
There being no additional questions, or public comment, Chairman
Alderson opened the matter for Commission discussion.
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April 13, 2010
Commissioner Wilkinson asked about 200 foot spacing of signs on
private property. Staff responded private property was exempt; unless
they had more than four signs.
City Attorney Jenson said the changes referred to public right-of-way
only.
Chairman Alderson commented only four signs were allowed on
private property. Staff responded that was correct. Five signs, or
more, would require a Temporary Sign Permit and you would have to
post them 200 feet apart.
Commissioner Wilkinson asked if the number of signs allowed had
changed from 50 to 100. Staff said yes.
Discussion then followed regarding multiple sign requests, the impact
of a proliferation of signs, and the current average number of sign
requests
Commissioner Barrows asked for clarification of the amendment
recently approved by City Council, and if it would be legally possible
to limit a candidate's allowance of signs.
City Attorney Jenson responded it become problematic if you limit
individuals to a certain number of signs. She stated the Planning
Commission was free to recommend something else.
Discussion followed regarding the number of signs allowed per
candidate, the fairness of all candidates having the same number of
signs, the current ordinance prohibiting the placement of temporary
signs within public right-of-way and public property, the change
extension of time period from 45 to 60 days, garage sales signs and
the five-foot setback, as well as the removal of the garage sales signs.
Commissioner Weber then commented on the City's ability to recoup
costs for temporary political signs ($100) which was woefully
inadequate considering the staff it took to address the situation. Staff
then explained the 50% provision and why staff had requested the
percentage versus a dollar amount.
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April 13, 2010
Commissioner Weber commented about: 1) visual clutter and blight, 2)
the adequacy of a 7-day requirement to clean up, 3) a limitation on the
number of signs, 4) some type of a cost recovery method for the
offenders to bear at least a portion of the burden, 5) 45 days versus
60 days, and 6) signs within site of City limits.
Staff gave some history and commented on the reason for inclusion of
the language on signs posted outside of the City's jurisdiction and
how the current language would clarify that.
Commissioner Barrows commented on keeping the 50% deposit and
the fairness to all candidates. Staff gave examples of previous
situations where the signs had not been removed.
Chairman Alderson had some background on these campaign signs
and commented on the importance of having those signs available for
public viewing. He commented on the number of signs, visual blight,
and the burden of the deposit on a potential candidate who is trying to
do some good for the community. He did say he would like to see the
$100 automatic rebate removed.
Commissioner Quill asked about Council's direction on the political
signs and the options available to the Commission.
Discussion followed on the history of the political sign issue before
Council and included staff's comments on the Planning Commission's
responsibility.
Commissioner Weber commented he was in favor of: 1) the 7-day
removal plan, 2) 50 signs versus 100, 3) including language regarding
deposit and refunding the whole deposit, 4) prohibiting that signs in
the center median, 5) the setback off the right-of-way, 6) a maximum
time period of 45 days, and 7) not increasing the signs to 100 per
applicant.
Commissioner Barrows said should was supportive of: 1) the existing
condition that signs are not allowed in the right of way, 2) no
increase in maximum time allowed, 3) not allowing more than 50 signs
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Planning Commission Minutes
April 13, 2010
per application, 4) clarification and prevention of signs from being
posted outside the City limits, and 5) if all signs are removed the
applicant should get their full deposit and if not, only 50%.
City Attorney Jenson asked Commissioner Barrows to clarify that she
thought there should not be any signs in the right of way.
Commissioner Barrows said that was the current code. City Attorney
Jenson said under our current code that is what the current law is and
you would carry that forward. Commissioner Barrows said yes, that
would be her motion.
Discussion followed where Commissioners re -stated their positions
and the proposed changes.
Planning Director Johnson asked to clarify the changes which referred
to item 4 - the clarifying language about the perimeter, item 5 -
regarding the deposit; that it be 100% unless code enforcement action
is taken. Also that the existing language regarding posting within the
public right-of-way, the number of signs and the duration of time,
would remain as currently shown in the Municipal Code.
There was no further discussion and it was moved and seconded by
Commissioners Barrows/Wilkinson to adopt Resolution 2010-012
recommending approval to Council of Zoning Ordinance Amendment
2010-101 as noted above. Unanimously approved.
VI. BUSINESS ITEMS: None
VII. CORRESPONDENCE AND WRITTEN MATERIAL:
A. Chairman Alderson's letter regarding the Planners' Institute.
VIII. COMMISSIONER ITEMS:
A. Chairman Alderson commented on his attendance at the April 7, 2010
Architecture and Landscaping Review Committee meeting
B. Chairman Alderson gave a report on City Council Meeting of April 6,
2010. (A brief summary of the meeting was given followed by
discussion of several items.)
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Planning Commission Minutes
April 13, 2010
B. Chairman Alderson noted Commissioner Weber was scheduled to
report back on the April 20, 2010, Council meeting.
C. Quarterly Attendance Record was provided and commented on.
D. Chairman Alderson reported on attendance at the recent Planners'
Institute — March 24-26, 2010. (Discussion of some of the sessions,
at the Institute, and next year's possible site, followed).
IX: DIRECTOR ITEMS: None
X. ADJOURNMENT:
There being no further business, it was moved and seconded by
Commissioners Barrows/Quill to adjourn this regular meeting of the Planning
Commission to the next regular meeting to be held on April 27, 2010. This
regular meeting was adjourned at 9:24 p.m. on April 13, 2010.
Respectfully submitted,
Carolyn W ker, Executive Secretary
City of La Quinta, California
„» 217
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REPORTS/INFORMATIONAL ITEM: cp'/
MINUTES
HISTORIC PRESERVATION COMMISSION MEETING
A Regular meeting held in the Study Session Room
at the La Quinta City Hall
78-495 Calle Tampico, La Quinta, CA
January 21, 2010
This meeting of the Historic Preservation Commission was called to order at 3:04
p.m. by Chairperson Redmon who asked for the roll call.
CALL TO ORDER
A. Pledge of Allegiance
B. Roll Call
Present: Commissioners
Wilbur, Robert
Redmon.
Staff
Present:
II. PUBLIC COMMENT: None
Maria Puente, Archie Sharp, Allan
Wright, and Chairperson Peggy
Planning Director Les Johnson, Principal Planner
Wally Nesbit, and Executive Secretary Carolyn
Walker
III. CONFIRMATION OF THE AGENDA: None
IV. CONSENT CALENDAR:
A. It was moved and seconded by Commissioners Puente/Wright to
approve the minutes of October 15, 2009, as submitted. Unanimously
approved.
V. BUSINESS ITEMS:
A. Historic Resources Section Report for the La Quinta Resort Draft EIR
Applicant: MSR Desert Resorts, L.P.
Consultant: Architectural Resources Group, Inc.
Location: 49-499 Eisenhower Drive
n..
218
Historic Preservation Commission
January 21, 2010
Principal Planner Wally Nesbit presented the information contained in
the staff report while Planning Director Les Johnson gave an
explanation of the exhibits presented at the meeting.
Commissioner Sharp had asked if there had been any traffic or parking
studies done with regard to the impact of the population influx; as
well as whether or not there would be subterranean parking. Staff
said this will be addressed in the environmental impact report. The
review process was then discussed.
Chairperson Redmon then asked:
• If there would be any destruction of the bungalow units and
staff said no.
• If they were going to maintain the existing spa and fitness
facilities and would they be open to the public. Staff said the
current spa was open to the public and the fitness center would
be improved upon.
• About continuity in architecture and exterior design features and
staff explained the design plans.
Commissioner Wright asked about the effects on the Morgan House
and how many rooms would be torn down when demolition began.
Staff said there would be no effect on the Morgan House, only
improvements, and pointed out which buildings would be torn down.
Planning Director Johnson then explained how the report consultant
was chosen and the benefits of that choice to the City and the
applicant.
Chairperson Redmon commented on the impact of the removal of the
date palm grove to accommodate eight hotel villa -style units and
asked for confirmation that staff was recommending no date palms be
removed. Staff said their recommendation was the date palm grove
be retained, but said the applicant wanted to address the Commission
on that issue.
Chairperson Redmon asked about traffic flow for guests and
employees. Staff explained the shuttle stops, employee parking, and
traffic flow patterns.
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Historic Preservation Commission
January 21, 2010
Commissioner Wilbur said the Commission's concern was the historic
structures, and retaining the ambiance and architectural style of the
period. He then referenced the recommendations regarding the
walkway, and the grove. He asked for confirmation there would be no
impact on the Morgan House, the cove, or the casitas. Staff said
there would be no impact beyond what was identified in the historic
resources report.
Commissioner Wilbur asked if the Morgan House would be accessible
or just preserved. Staff said the applicants would like to make it
accessible but would address the Commission on their plans for
historic resources on -site.
Mr. Ken Hoeppner, Vice President with Pyramid Advisors, One Post
Office Square, Boston, MA, 02109, introduced himself and explained
the purchase and background of the hotel and their goal to indentify
and preserve historic buildings on the property. He then explained the
company's philosophy on the preservation and re -utilization of the
historic buildings; including their goal of pursuing historical
designations.
He then discussed the two areas identified in the report as sensitive
and explained their plans for the trellis, the date palm grove area, and
why those changes were needed. He explained their vision was to
create a special lodging place and still make it complementary to the
Morgan House and the other historical resources.
Rob Bernheimer, Attorney at Law, 45-025 Manitou Drive, Suite 3,
Indian Wells CA 92210, introduced himself and commented on the
thoroughness and benefits of the report done by Architectural
Resources Group (ARG) and the fact they were chosen by the City
and not the developer. He commented on Pyramid's goals and the
fact that the Morgan House did not lose its historic significance by
removal of the date grove.
He went on to discuss changing the shade structure from a hip -jointed
roof to a trellis on the historical structure in front. He said they agreed
with the ARG report; except their choice would be to extend the
shade structure all the way up to the building. He then discussed the
preservation of the ambiance of the hotel's arrival area and the need
to create a trellis structure which provided shade right up to the
building and maintained the historic character. He said they agreed
with the rest of the report 100%.
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Historic Preservation Commission
January 21, 2010
Commissioner Puente asked how they would blend the four-story
portions of the new buildings with the present hotel complex.
Mr. Rick Evans, with Oz Architecture, 3012 Huron Street, Suite 100,
Denver CO 8020 (with the project designers), said the overall style
was Spanish Colonial and explained what they would be doing to
maintain and blend in with the present style.
Mr. Bernheimer commented on the positive impact of the well -
established vegetation on the historical views, even taking into
account the four-story buildings. He commented on the original
master plan concept and the types of facilities needed to make the
resort economically viable; including several examples of the type of
hotel experience they hoped to promote.
Commissioner Sharp asked if the four-story structures backed up to
Eisenhower. Mr. Bernheimer said they did not and noted their location
on the exhibits.
Commissioner Wright said he was pleased the applicant recognized
the historical aspects of the hotel and said there were only two issues
for the Commission to address:
1 . The date grove, which had no historical significance, and
its viability.
2. The trellis, and its design, which could be worked out
with the Planning Department to blend in with the
historical style.
Chairperson Redmon and Commissioner Wilbur agreed with
Commissioner Wright's comments.
Discussion followed regarding plant materials, the possible loss of the
existing date palms, a compromise on keeping some of the palms, and
the replacement of the cypress in the entrance.
Commissioner Puente asked who would be in charge of the process
for the State Registry nomination. Staff explained it would be lengthy
and gave the Commission an overview of the process.
There being no further comments it was moved and seconded by
Commissioner Wright/Chairperson Redmon to approve Minute Motion
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Historic Preservation Commission
January 21, 2010
2010-001 accepting the Historic Resources Section Report for the La
Quinta Resort Draft EIR as recommended by staff with the amendment
that the applicant could remove the date grove as long as they
maintained the date palm ambiance/theme. Unanimously approved.
B. Paleontological Resource Inventory and Impact Assessment Technical
Report for the La Quinta Resort
Applicant: MSR Desert Resorts, L.P.
Consultant: Architectural Resources Group, Inc.
Location: 49-499 Eisenhower Drive
Planning Director Johnson presented the information contained in the
staff report, a copy of which is on file in the Planning Department
Commissioner Wilbur asked if staff had received any tribal comments.
Staff indicated they received a response from the Aqua Caliente Band
of Cahuilla Indians and a condition was included regarding their
availability to monitor the project.
There being no further comments it was moved and seconded by
Commissioners Wright/Puente to approve Minute Motion 2010-002
accepting the Paleontological Resource Inventory and Impact
Assessment Technical Report for the La Quinta Resort as
recommended by staff. Unanimously approved.
VI. CORRESPONDENCE AND WRITTEN MATERIAL:
A. Discussion of California Preservation Conference — Grass
Valley/Nevada City, California — May 12-15, 2010.
VII. COMMISSIONER ITEMS:
A. Quarterly Attendance Update.
B. Commissioner Puente asked about upcoming projects. Planning
Director Johnson said he would have staff give the Commissioners an
e-mail update of upcoming projects.
VII. PLANNING STAFF ITEMS: None
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Historic Preservation Commission
January 21, 2010
X. ADJOURNMENT:
There being no further business, it was moved and seconded by
Commissioners Wright\Wilbur to adjourn this Meeting of the Historic
Preservation Commission to the next Meeting to be held on February
18, 2010. This meeting of the Historic Preservation Commission was
adjourned at 4:17 p.m. Unanimously approved
Submitted by
Carolyn Walker
Executive Secretary
- 6 -
Department Report: —f'1
ow
SOFT
TO: The Honorable Mayor and Members of the City Council
FROM: Bret M. Plumlee, Assistant City Manager, Management Services
DATE: May 18, 2010
SUBJECT: Department Report — Response to Public Comment
The following public comments were made at the May 4, 2010 City Council meeting:
1. Mika Moulton, P.O. Box 5444, La Quinta, Founder and Director of Christopher's
Clubhouse; requested the City Council's consideration of a Community Services
Grant Application and explained their services of life protective skills for
children.
2. Leo Knasiak , 78-515 Avenida Ultimo, inquired about the status of a petition he
submitted on behalf of residents of Desert Club Estates, regarding the condition of
the easement (i.e. the parkway between the golf course and Avenida Ultimo) and
other issues in the neighborhood. He stated he has not received any response
and the neighborhood residents are inquiring about the issue.
Council Member Sniff requested staff look into the matter further and report
back to the City Council at the next meeting.
3. David Yrigoyen, 81-074 Rancho Santana Drive, addressed issues regarding the
Coachella Festival event held in April 2010, including the need for a new or
amended EIR because of traffic, parking and lighting impacts. He requested the
City Council initiate dialog with the City of Indio to reduce or mitigate the
impacts from the event. He requested to be updated on the issue.
Mayor Adolph explained the issued would be discussed under Mayor and
Council Members' items.
224
Department Report: A —A
- cep 4 Qum&
Yit.Z �5w
OF T
TO: Honorable Mayor and Members of the La Quinta City Council
FROM: M. Katherine Jenson, City Attorney�jt�
DATE: May 18, 2010 v V
SUBJECT: Legal Opinion Regarding Proposed Animal Control Ordinances
I. INTRODUCTION AND FACTUAL BACKGROUND
At its meeting of May 4, 2010, the City Council directed this office to analyze the
following issues in connection with several animal control regulations under
consideration by the City:
(1) May the City lawfully require liability insurance for all dogs as a
prerequisite for obtaining a dog license pursuant to Chapter 10.08 of the La Quinta
Municipal Code ("Municipal Code" or "LQMC")?
(2) May the City adopt a regulation that makes a dog bite a criminal violation
under the Municipal Code?
(3) May the City require breed -specific mandatory spaying or neutering of
certain dog breeds?
II. EXECUTIVE SUMMARY
(1) Liability Insurance. The City can probably amend the Municipal Code to
require dog owners to provide proof of homeowner's or renter's insurance as a
prerequisite to obtaining a dog license. It is my understanding that such policies, if
obtained, normally do extend to liability arising from dog bites. Generally, in applying for
a policy, the insured is required to answer certain questions relating to dog ownership.
If the insured has one or more dogs, the insurance company will solicit information
about training and behavior designed to determine if the dog is a risk to insure.
Insurance companies such as State Farm do provide coverage for all breeds of dogs,
provided that the dogs are not otherwise determined to be a risk based upon the
1M„ 2LO
Honorable Mayor and Members of the La
Quinta City Council
Page 2
information obtained from the insured. I have heard, but have not verified, that some
carriers may not issue homeowner's or renter's policies to owners of certain breeds of
dogs, or that they may include exclusions for injuries caused by certain breeds of dogs.
Imposing a "proof of insurance" requirement could pose practical implementation
problems for the City. Insurance carriers do not issue "dog insurance" per se, but
simply incorporate such coverage into the policies it otherwise issues to homeowners or
renters. City staff would have to review the applicant's homeowner's or renter's policy
to verify that it was current and contained no exclusions for dog bites. This would add
to the administrative cost of issuing dog licenses. This City would want to incorporate
the cost of such review into the licensing fee. The added cost and/or paperwork may
discourage residents from obtaining licenses for their dogs. In addition, residents who
rent their homes often do not carry renter's insurance. Having to obtain such insurance
in order to license a dog may discourage registration. To reduce the City's
administrative costs, the City may wish to consider requiring dog owners to sign an
affidavit under penalty of perjury as part of the application process for a dog license,
verifying that he or she has liability coverage.
(2) Dog Bite Violations. It is unlikely the City can impose strict liability on dog
owners for dog bites in a criminal ordinance because of due process requirements.
However, the City may be able to add a provision to the Municipal Code that makes an
owner guilty of a misdemeanor if his or her dog bites someone and the owner is found
to have acted in a negligent or reckless manner that contributed to the injury (for
example, failing to take reasonable steps to confine the animal). However, there are
several existing state and local laws that may already address the concerns raised by
members of the public and provide the City with the enforcement tools it needs to take
appropriate action in dog -bite cases.
(3) Mandatory Spay/Neuter Programs. Yes, the City may lawfully adopt a
breed -specific spay or neuter program. State law expressly authorizes local authorities
to adopt such programs. However, if the City adopts breed -specific spay/neuter
requirements, state law imposes certain mandatory reporting duties on the City
designed to measure the effectiveness of the program. Specifically, the City will be
required to compile statistical information on dog -bite cases and submit this data to the
State Public Health Veterinarian quarterly.
DISCUSSION
A city's police power allows it to regulate animals to protect the health, safety and
welfare of the general public.' This includes maintaining sanitary conditions within the
city and collecting fees sufficient to continue providing animal control services. A city
may exercise its police powers to provide reasonable regulation of domestic animals, so
long as arbitrary and unreasonable burdens are not imposed.
' See Cal. Const. art. XI, § 7.
•n- 2 2' 6
Honorable Mayor and Members of the La
Quinta City Council
Page 3
1. Liability Insurance
The City's constitutional authority to regulate will generally "be upheld if 'it is
reasonably related to promoting the public health, safety, comfort, and welfare, and if
the means adopted to accomplish that promotion are reasonably appropriate to the
purpose. ,,2 State law governs the regulation and licensing of dogs and cats .3 Under
this legislative scheme, cities may impose and collect license fees to offset the cost of
maintaining services related to dogs (for example, animal shelters and control
programs).'
The courts have found that local regulations that control the number and type of
animals that are allowed in areas of the city, ban the keeping of certain animals in urban
settings, limit the number of dogs in residential areas, and require identification tags on
dogs are proper exercises of municipal police powers .5 However, cities may not make
the possession of dogs or cats a nuisance per se or declare particular breeds to be
potentially dangerous or vicious.6
In Simpson v. City of Los Angeles, the court upheld the City of Los Angeles'
licensing system that required dogs to wear tags on their collars at all times as a
reasonable city regulation. The court first noted:
It is well settled that the licensing of dogs and the regulation
of the manner in which they shall be kept and controlled are
within the legitimate sphere of the police power, and that
statutes and ordinances may provide for impounding dogs
and for their destruction or other disposition.7
The Simpson court went on to hold that the ordinance's requirement that each dog, at
all times while at large on public streets, wear a numbered license tag bearing the name
and address of its owner was a reasonable means to (i) enable the city to ascertain the
owner's identity, and (ii) ensure that an owner received notice if his/her dog wandered
off and was picked up by the city's enforcement division.e
A requirement that pet owners produce proof of insurance in order to obtain a
dog license might be equally reasonable. As discussed more fully below in section 2 of
this memorandum, California law imposes strict liability on dog owners for any damages
2 Sunset Amusement Co. v. Board of Police Commissioners (1972) 7 Cal.3d 64, 72 [internal citations
omitted].
3 Cal. Food & Agric. Code §§ 30501 at seq.
Cal. Gov. Code § 38792; Cal. Food & Agric. Code §§ 30501-30504.
5 In re Jones (1943) 56 Cal.App.2d 658, 664; Ex Parte Ellis (1938) 11 Cal.2d 571. 575; Miller v. Arcadia
(1932) 121 Cal.App. 660, 662; Simpson v. City of Los Angeles (1953) 40 Cal.2d 271, 281.
People v. Cooper(1944) 64 Cal.App.2d 946; Cal. H. & S. Code § 122331(a).
Simpson, 40 Cal.2d at 279.
8 Id. at 281.
2�7
Honorable Mayor and Members of the La
Quinta City Council
Page 4
suffered by a person who is bitten by the dog owner's dog.9 The dog -bite statute is
designed "to prevent dogs from becoming a hazard to the community' by holding dog
owners to a standard of care to prevent his or her dog from biting persons in public
places or in certain private places, and assigning strict liability for its breach.10 Although
our office was unable to locate any other jurisdiction in California that impose similar
requirements, a strong argument can be made that requiring dog owners to present
proof of financial responsibility is reasonable to ensure that they are financially able to
fulfill their obligations under the Civil Code and to protect dog -bite victims who are in no
way at fault for the attack.
Such a requirement is similar to the proof of financial responsibility required to
register a motor vehicle in California. While owning a motor vehicle, in and of itself, is
not inherently dangerous, the negligent or reckless operation of that motor vehicle could
inflict harm on others. Therefore, the Legislature requires proof that motor vehicle
owners have the financial ability to pay for any damages their respective vehicles
cause. The proposed proof of liability coverage for dog owners serves a similar
purpose here.
Requiring liability insurance for dogs may, however, pose some practical
implementation problems for the City. Our office spoke to two insurance carriers. Both
of these contacts indicated that there is no absolute ban on insurance coverage for any
specific breed of dog (which is consistent with the Legislature's policy expressed in
Health & Safety Code Section 122330 that "no breed is inherently dangerous" and the
limitations on adopting breed -specific regulations set forth in Health & Safety Code
Section 122331 and discussed more fully below in part 3 of this memorandum). Rather,
whether coverage is extended for a particular animal will depend on the individual
animal itself, and whether it has exhibited aggressive or vicious behavior or previously
bitten a human being or another animal.
The City should also be aware that insurance carriers do not issue "dog
insurance." Any coverage provided will be provided as part of the dog owner's
homeowner's or renter's policy. This will make imposing an insurance requirement on
dog owners difficult, since no "proof of coverage" forms exist for such coverage. On the
contrary, a "Certificate of Insurance" will merely indicate whether the owner has
homeowner's or renter's liability coverage; it will not denote whether the policy covers
dog bites. Thus, the City would need to obtain copies of the applicable homeowner's or
renter's policy to determine if coverage was provided and whether it contained any
exclusions of coverage.
Alternatively, the City may wish to consider requiring applicants for a dog license
to sign an affidavit under penalty of perjury verifying that the applicant has liability
coverage for dog bites at a specified level of coverage. The City could also attempt to
9 Cal. Civ. Code § 3342.
10 Priebe v. Nelson (2006) 39 Cal.4th 1112, 1122.
Honorable Mayor and Members of the La
Quinta City Council
Page 5
develop an endorsement form for insurance carriers to provide the necessary
information. However, insurance companies are generally reluctant to utilize such
forms, so it may ultimately be infeasible to pursue this latter route.
The City Council will want to consider the practical impacts of adopting such a
requirement, which could include an increase in unlicensed dogs. Persons who have
insurance may not wish to deal with the added burden of producing the necessary
paperwork to demonstrate that they hold such insurance. Dog owners who rent their
homes and have chosen not to obtain renter's insurance would be ineligible to license
their dogs. If the burden of verifying coverage is placed upon City staff, the processing
costs for licensing would increase, and presumably this would be passed on to the
person seeking the license.
2. Criminal Penalties for Dog Bites
Residents have asked the City to adopt laws that essentially impose criminal
penalties for dog bites upon the owners of the offending animals.
California law already imposes strict liability in the civil arena on dog owners for
any damages suffered by a person who is bitten by the dog owner's dog. Civil Code
section 3342 provides, in pertinent part:
The owner of any dog is liable for the damages suffered by
any person who is bitten by the dog while [the victim is] in a
public place or lawfully in a private place, including the
property of the owner of the dog, regardless of the former
viciousness of the dog or the owner's knowledge of such
viciousness."
Civil Code section 3342 allows a victim to recover damages caused by a dog bite
without having to show fault, i.e., under strict liability. However, it applies only in
specified circumstances, one of which is that the victim be in a public place or lawfully
on the premises when bitten. The statute does not purport to abrogate any common
law remedies that might also be available to a dog -bite victim, but merely withholds the
benefits of strict liability from those guilty of trespassing. As noted previously, the
statute is designed "to prevent dogs from becoming a hazard to the community' by
holding dog owners to a high standard of care, and assigning strict liability for its
breach.
In addition, Civil Code Section 3342.5 imposes a duty on owners of dogs that
have bitten a human being to "take such reasonable steps as are necessary to remove
any danger presented to other persons from bites by the animal." Section 3342.5
11 Cal. Civ. Code § 3342(a).
2-9
'«- 2:
Honorable Mayor and Members of the La
Quinta City Council
Page 6
provides additional civil remedies when the dog owner has knowledge of his or her
animal's propensity to bite.
The Penal Code also imposes criminal penalties on dog owners for their dogs
actions under certain circumstances. Penal Code section 399 provides:
(a) If any person owning or having custody or control of a
mischievous animal, knowing its propensities, willfully suffers
it togo at large, or keeps it without ordinary care, and the
animal, while so at large, or while not kept with ordinary
care, kills any human being who has taken all the
precautions that the circumstances permitted, or which a
reasonable person would ordinarily take in the same
situation, is quilts of a felony.
(b) If any person owning or having custody or control of a
mischievous animal, knowing its propensities, willfully suffers
it to go at large, or keeps it without ordinary care, and the
animal, while so at large, or while not kept with ordinary
care, causes serious bodily injury to any human being who
has taken all the precautions that the circumstances
permitted, or which a reasonable person would ordinarily
take in the same situation, is guilty of a misdemeanor or a
felonv. [Emphasis added.]
Penal Code section 399.5 provides, in pertinent part:
Any person owning or having custody or control of a dog
trained to fight, attack, or kill is guilty of a felony or a
misdemeanor, punishable by imprisonment in the state
prison for two, three, or four years, or in a county jail not to
exceed one year, or by a fine not exceeding ten thousand
dollars ($10,000), or by both the fine and imprisonment, if, as
a result of that person's failure to exercise ordinary care, the
dog bites a human being on two separate occasions or on
one occasion causing substantial physical injury. No person
shall be criminally liable under this section, however, unless
he or she knew or reasonably should have known of the
vicious or dangerous nature of the dog, or if the victim failed
to take all the precautions that a reasonable person would
ordinarily take in the same situation.12
'Z Cal. Pen. Code § 399.5(a) [emphasis added].
230
Honorable Mayor and Members of the La
Quinta City Council
Page 7
The basic purpose of section 399 is to protect people against fatal attacks by
,'mischievous animals," where the victim is in no way at fault for the attack.13 It does so
by punishing those who know their animals are "mischievous" but allow them to run free
or keep them in a negligent manner.14
The important aspect of both Penal Code section 399 and 399.5 is that they
require some knowledge of the dog's aggressive or vicious propensities on the part of
the owner and a failure to act with reasonable care to confine the animal. Such
knowledge of the required conduct and the consequences for failing to act accordingly
are imperative in the criminal arena.
Penal Code section 20 provides: "In every crime or public offense there must
exist a union, or joint operation of act and intent, or criminal negligence. [Emphasis
added.]" Section 20 does not apply to regulatory offenses or infractions subsequently
created by statute in order to safeguard the public health and safety.15 Although these
regulatory statutes impose strict liability, such offenses usually involve light penalties
and no damage to reputation. "Although criminal sanctions are relied upon, the primary
purpose of strict liability statutes is regulation rather than punishment or correction. The
offenses are not crimes in the orthodox sense, and wrongful intent is not required in the
interest of enforcement. [Citations. y16
For example, an ordinance forbidding owners to "allow" their unleashed dogs to
be on public property imposes a "positive duty" to prevent unleashed dogs from being
present. The ordinance is violated even where there is no proof the owner intentionally
or willfully caused the dog to roam loose. Its requirement that a dog must be kept on its
owner's property or on a leash is violated by any owner of a dog not so confined. Any
violation of the law results in an infraction and opens the owner to civil liability for
damage caused by the dog.17 However, the violation subjects the owner only to citation
and possible liability for the acts of such an unsecured dog.18
Pena[ Code sections 399 and 399.5, on the other hand, withstands scrutiny
because "the statute puts a reasonable person on notice of criminal consequences if he
or she fails to act with reasonable care in keeping a mischievous animal. In our view,
defendant could (and should) have reasonably foreseen that the statute would apply if
13 See, e.g., People v. Berry (1991) 1 Cal.App.4th 778, 783 (citing People v. Sandgren (1951) 302 N.Y.
331 [98 N.E.2d 460, 465 [explaining similar statute].)
14 Id.
15 See, People v. Vogel (1956) 46 Cal.2d 798, 801.
16 Delfino v. Sloan (1993) 20 Cal.App.41h 1429, 1436 (citing People v. Vogel (1956) 46 Cal.2d 798, 801,
fn. 2; accord, People v. Wells (1968) 261 Cal.App.2d 468, 478 ["Although criminal statutes are not often
construed to impose sanctions in the absence of mens rea or guilty intent, an exception occurs where the
statute is an expression of a legislative policy to be served by strict liability."]; accord, People v. Marlin
Q'989) 211 Cal.App.3d 699, 713; People v. Telfer(1991) 233 Cal.App.3d 1194, 1203.).
Id. at 1436.
18 Id. at 1438.
�. 231
Honorable Mayor and Members of the La
Quinta City Council
Page 8
his negligence allowed [his dog] to kill a person incapable of acting with reasonable care
such as a two -year -old toddler.s19
In La Quinta, the Municipal Code also contains some regulations regarding dog
bites and curbing dogs. Section 10.16.090, which somewhat tracks Penal Code 399,
provides:
It shall be unlawful for the owner of any animal which has
bitten, attacked, or shown the disposition, tendency, or
propensity to attack, bite, or otherwise cause injury or
attempt to cause injury to a person engaged in lawful activity
to cause or allow such animal to be at large.
Here, the City could easily expand the scope of section 10.16.090 to make
allowing such a dog to be at large a misdemeanor in situations where it results in a dog
bite or other injury. As was the case with Penal Code sections 399 and 399.5, such a
regulation puts a reasonable person on notice of the criminal consequences if he or she
fails to act with reasonable care to keep an animal that has bitten, attached, or shown
aggressive tendencies.
In addition, the Municipal Code contains a leash law. Section 10.28.010
provides, in pertinent part:
No owner or keeper of a dog shall allow or permit the dog,
whether licensed or unlicensed, to be or run at large in or
upon any public place or premises, or in or upon any
unenclosed private place or premises, or in or upon any
enclosed private place or premises other than those of the
owner or keeper except with consent of the person in charge
of the private place or premises where the dog is found,
unless the dog is securely restrained by a substantial leash
not exceeding twelve feet in length and is in charge and
control of a person competent to keep the dog under
effective control. No lead, leash, tether, or chain used to
secure a dog on private property shall extend into the right-
of-way. Voice control, electronic control, eye control or signal
control shall not be considered adequate restraint.
While section 10.28.010 could not be used alone to establish criminal
consequences, violation of the leash law could be used to establish "negligence per se."
In Delfino v. Sloan, that violation of a similar county leash law constituted negligence
19 People v. Berry, supra, 1 Cal.App.4th at 784-785.
232
Honorable Mayor and Members of the La
Quinta City Council
Page 9
per se for the purposes of imposing civil liability on the dog owner for injuries inflicted by
the dog while at large.20
Based on the foregoing authorities, our office does not believe the City can adopt
a regulation that imposes strict criminal liability on a dog owner for bites inflicted by his
or her animal where the owner has not acted negligently or recklessly. However, we do
believe the City may adopt regulations that make violation of, for example the leash law
embodied in section 10.28.010, negligence per se in establishing civil penalties for any
injuries caused by a dog while at large.
In addition, the City could amend section 10.16.090 to make it more clearly track
Pena[ Code section 399 and/or 399.5. Since section 10.16.090 requires prior
knowledge of a dog's aggressive behavior, it imposes a higher standard of care on the
owner of such a dog to prevent that animal from being at large. In those circumstances,
imposing criminal penalties on a dog owner who does not take reasonable precautions
to prevent such a dog from being at large comport with due process and clearly protects
the public health and safety.
Alternatively, the City could rely on the existing provisions in both state law and
the Municipal Code to address dog bites.
3. Breed -Specific Spaying/Neutering Requirements
California law expressly authorizes local jurisdictions to adopt breed -specific
spay or neuter programs for dogs .21 Although such programs may not declare any dog
breed to be inherently dangerous, the Legislature acknowledges that the uncontrolled
and irresponsible breeding of dogs has led to pet overpopulation, inhumane treatment
of animals, and public safety risks.zz
Health and Safety Code section 122331 provides, in relevant part:
Cities and counties may enact dog breed -specific ordinances
pertaining only to mandatory spay or neuter programs and
breeding requirements, provided that no specific dog breed,
or mixed dog breed, shall be declared potentially dangerous
or vicious under those ordinances.23
Based on this authority, the City may adopt regulations that impose a mandatory duty
on the owners of certain dog breeds to spay or neuter those animals.
20 Delfino v. Sloan, supra, 20 Cal.App. 4th at 1438-1439.
21 Cal. H. & S. Code § 122331.
22 See Cal. H. & S. Code § 122330.
23 Cal. H. & S. Code § 122331 (a). [Emphasis added.]
.., `) 233
Honorable Mayor and Members of the La
Quinta City Council
Page 10
If the City enacts such an ordinance, state law requires that the City measure the
effect of the program by compiling statistical information on dog -bite cases.24 At a
minimum, this data must include all of the following information:
a. the severity of the dog bite;
b. the breed of the dog involved;
C. whether the dog was altered; and
d. whether the breed involved was subject to the City's mandatory
spay/neuter program.25
State law will further require that the City submit this data to the State Public Health
Veterinarian26 on a quarterly basis each year.27
If the City Council has any questions regarding the information provided in this
memorandum, or would like our office to pursue any of the options discussed herein,
please let me know.
24 Cal. H. & S. Code § 122331(b).
2s Id.
26 The State Public Health Veterinarian is part of the State Department of Public Health.
27 Cal. H. & S. Code § 12231(b).
u.:. _ 234
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DEPARTMENT REPORT: 3-A
CITY COUNCILS
UPCOMING EVENTS
CITY COUNCIL MEETING
CITY COUNCIL MEETING
CITY COUNCIL SPECIAL BUDGET
MEETING - TENTATIVE
CITY COUNCIL MEETING
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235
LA Q!'INI.A (:I 11' COUNCIL MONTHLY CALENDAR
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DEPARTMENT REPORT: 3--5
a,
�cEM OF maw
TO: The Honorable Mayor and Members of the City Council
FROM: Veronica J. Montecino, CMC, City Clerk
DATE: May 18, 2010 I
SUBJECT: Discussion Regarding Schedule to Consider Commission
Appointments
Staff is requesting direction from the City Council to schedule City Boards,
Committee, and Commission applicant interviews.
Last year, the City Council chose to begin the June 2, 2009 meeting at 1:00
p.m. to conduct interviews and make appointments to the City Boards,
Committee and Commissions. The regular City Council meetings in June
2010 are scheduled for the 15L and 151h. It is anticipated that a special
meeting will be scheduled for June V to consider the Fiscal Year 2010-
2011 budget.
All appointments should be made prior to the expiration of terms on June 30,
2010.
Applications are being accepted for consideration of appointment to 18
vacancies through May 21, 2010, as follows:
Architecture & Landscaping Review Committee — 1
Community Services Commission — 3
Historic Preservation Commission — 2
Housing Commission — 5
Investment Advisory Board — 4
Planning Commission — 3
239
DEPARTMENT REPORT:
c&�p 4 4 QuAm
TO: The Honorable Mayor and Members of the Cit Council
FROM: Tom Hartung, Director of Building & Safety
�}�•
DATE: May 18, 2010
RE: Department Report — April, 2010
Attached please find the statistical summaries for building permits, Animal Control,
Code Compliance, and garage sale permits for the month of April. The statistical
summaries depict the following highlights:
• Year-to-date building permit valuation is $10,698,025 which represents an
issuance of 113 building permits in April;
• Animal Control handled 363 cases in April;
• Code Compliance initiated 262 cases in April;
• Garage sale permits generated $1980 revenue in April.
Y' 240
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DEPARTMENT REPORT: 67
a3.7. R
ak �F� yaw
F
TO: Honorable Mayor and Members of the City Council
FROM: Edie Hylton, Community Services Director�///'�i `
DATE: May 18, 2010 �Y
SUBJECT: Community Services Department Report for April 2010
Upcoming events of the Community Services Department for June 2010:
Computers *Beginning Computer
*Beginning Computer
Photoshop Elements, Senior Center
Photoshop Pro, Senior Center
Dance *Ballroom in Summertime
*Swing/Latin Fusion
Dance, Play & Pretend, La Quinta High School
Beginning Ballet 5-10 yrs, La Quinta High School
Beginning Belly Dance, La Quinta High School
Pop Diva Camp, La Quinta High School
Excursions Inland Empire Jazz and R&B Festival
Exercise & Fitness *Morning Workout
*Mat Pilates
*Yoga for Health
*Tai Chi Sun Style
Tee Kwon Do, Senior Center
USMA Mixed Matial Arts, B&G Club
Tone & Stretch, Senior Center
Jazzercise, Senior Center
Zumba, Senior Center
Relaxing Movement
Tai Chi Qi Gong, Fitness Center
Free Lecture Series Balancing Your Hormones, Museum
Union Bank Workshop, Museum
Free Programs *Quitters
so.. 2 4'
Leisure Enrichment *Mature Driver
Beginning Drawing 9-14 yrs, Senior Center
Beginning Drawing 1 5-up, Senior Center
Beginning Acrylic Paint 9-14 yrs, Senior Center
Beginning Acrylic Paint 15-up, Senior Center
English Riding Lessons, Pasture Court
Vaulting on Horseback, Pasture Court
Music Beginning Guitar, Senior Center
Rock Solo Class, Senior Center
Special Events *Hawaiian Luau Luncheon
Sports Events Evening Disc Golf Tournament
Summer Golf Tour, Shadow Hills Golf Club
Summer Golf Tour, Escena Golf Club
Summer Golf Tour, Golf Club at La Quinta
Summer Golf Tour, Desert Falls Country Club
*Senior Center class or activity
246
Community Services Department
Attendance Report for the Month of April 2010
Summary Sheet
Program 2010 2009 Variance Sessions Per Month
2010 2009
Leisure Classes
142
88
54
91
67
Special Events
4260
5115
-2355
3
3
Sports
349
288
61
21
22
Fitness Center
578
584
-6
26
26
Senior Center
1680
1853
-173
128
138
Total
7,009
7,928
-2,419
269
256
Senior Services
Senior Center
405
266
139
21
11
Total
405
266
139
21
11
Sports User Groups
La Quinta Park Use
AYSO
400
300
100
26
21
LQ Sports & Youth
150
120
30
20
14
Desert Boot Camp
50
0
50
9
0
CV Premier Soccer
200
0
200
4
0
Sports Complex
LQ Sports & Youth
900
900
0
19
16
Facility/Park Rentals
Senior Center
Private Part
600
400
200
3
3
Churches-2
600
600
0
8
8
Museum
Meeting Room
60
60
0
1
1
Osher classes
70
110
-40
4
6
Library
Classroom
420
450
-30
8
9
Civic Center Campus
Private Part
200
50
150
1
1
Park Rentals
La Quinta Park
250
200
50
3
4
Fritz Burns Park
0
0
0
0
0
Total
3,900
3,190
710
106
83
Total Programs
1 111,3141
11,384
-1,570
396
350
Volunteer Hours
Senior Center
1 332
3081
24
Total Volunteer Hours
1 3321
3081
24
241
Community Services Program Report for April 2010
2010 2009 2010 2009
Participants
Participants
Variance
Meetings
Meetings
Leisure Classes
Begin. Drawing
3
0
3
3
0
Acrylic Painting
6
0
6
3
0
Ballet/Jazz
5
3
2
4
4
Ballet/Tap 4-6
8
6
2
4
5
Ballet/Tap 7-10
6
4
21
4
5
Adobe Photo Basic
3
3
0
1
1
Beg. Computers
7
0
7
4
0
Guitar - Beg.
20
0
20
3
0
Guitar -2ndLevel
6
3
3
1
1
Dance, Play & Pretend
9
3
6
5
1
Voiceovers
3
10
-7
1
1
Tai Chi Chuan
6
3
3
8
9
Fighting For Fitness
15
0
15
6
0
Zumba
21
19
2
9
9
Tae Kwon Do
4
5
-1
13
13
Jazzercise
13
0
13
13
0
Tone & Stretch
7
0
7
9
0
Totals
142
59
83
91
49
2010 2009 2010 2009
Participants
Participants
Variance
I Meetings
Meetings
Special Events
Adult Egg Hunt
60
115
-55
1
1
Youth Egg Hunt
1200
1500
-300
1
1
City Picnic/ Birthday Party
3000
3500
-500
1
1
Totals
4260
5115
-855
3
3
2010 2009 2010 2009
Participants
Participants
Variance
I Meetings
Meetings
Sports & Fitness Center
Open Gym Basketball
263
288
-25
12
22
Open Gym Volleyball
70
0
70
5
0
Fitness Center
578
584
-6
26
26
J.Lane Youth Basketball Academy
16
0
16
4
0
Totals
927
872
55
47
48
lCommunity Services Totals 1 5,3291 6,046 -7171 1411 100
MAR
Monthly Revenue Report for April 2010
Monthly Revenue - Facility Rentals 2010 2009 Variance
Libra
$
-
$
-
$
Museum
$
1,350.00
$
3,497.50
$
2,147.50
Senior Center
$
5,215.00
$
3,540.00
$
1,675.00
Parks
$
375.00
$
450.00
$
75.00
Sports Fields
$
1,060.00
$
3,120.00
$
2,060.00
MonthlyFacilityRevenue
$
8,000.00
$
10,607.50
$
2,607.50
Monthly Revenue
Senior Center
$
5,826.00
$
5,286.00
$
540.00
Community Services
$
4,178.50
$
1,785.00
$
2,393.50
La Quinta Resident Cards
$
4,035.00
$
4,725.00
$
690.00
Fitness Cards
$
595.00
$
435.00
$
160.00
Total Revenue
$
14,634.50
$
12,231.00
$
2,403.50
Revenue Year to Date
Facility Revenue
$
52,778.00
$
50,142.50
$
2,635.50
Senior Center
$
68,459.50
$
66,574.50
$
1,885.00
Community Services
$
41,020.00
$
42,816.50
$
1,796.50
La Quinta Resident Cards
$
31,650.00
$
27,840.00
$
3,810.00
Fitness Cards
$
6,235.00
$
6,275.00
$
40.00
Total Revenue to Date
$ 200,142.50
$ 193,648.50
$
6,494.00
`w. 11 249
Senior Center Attendance
Senior Center Program Report for April 2010
Participation
Participation
Variance
Meetings
Meetings
2010
2009
2010
2009
Senior Activities
ACBL Bride
322
496
-174
4
5
Bridge, Social/Pa
439
447
-8
16
16
Evening Dance
24
46
-22
1
1
Monthly Birthday Party
48
45
3
1
1
Monthly Luncheon Volunteer Recognition)
81
70
111
1
1
Movie Time
75
79
-4
5
5
Multi -generational Talent Showcase
96
108
-12
1
1
Putting Action
16
17
-1
4
5
Tennis
125
118
7
9
9
Wii Tournament
12
0
12
4
0
Senior Activity Total
1238
1426
-188
46
44
Senior Leisure Classes
Ballroom Dance/Swing-Latin Fusion
17
15
2
6
5
Computer Classes
11
32
-21
6
8
Creative Photography
16
0
16
3
0
Dance Workshop
15
0
15
1
0
Dog Training
4
3
1
1
2
Exercise
35
41
-6
13
13
Golden Tones
57
48
9
4
4
Hooked on Loops
5
12
-7
1
4
Mah Jongg Basics
15
0
15
2
0
Mat Pilates
11
17
-6
13
13
Mature Driver
6
0
6
1
0
Quilters
46
41
5
5
4
Sketch & Draw
27
17
10
4
5
Spanish - Beg. Conversational
4
0
41
2
0
Tap Dance
8
13
-5
3
5
Ukulele Players
77
15
62
7
8
Watercolor
42
18
24
5
5
Woodcarvers
46
42
4
5
4
Senior Leisure Classes Total
442
314
128
82
80
TOTAL SENIOR PROGRAMS
1680
1740
-60
128
124
Senior Services
AAPR Tax Assistance
26
60
-34
4
5
FIND
241
114
127
5
4
Financial Advisor
1
0
1
1
0
Geriatric Manager
1
0
1
1
0
HICAP
4
7
-3
2
2
Legal Consultation
3
5
-2
1
1
FREE Seminars/Presentations/Screenings (4)*
71
36
35
9
7
Notary
3
3
0
2
1
Volunteers
55
41
14
n/a
n/a
TOTAL SENIOR SERVICES
4051
266
173
21
15
SENIOR CENTER TOTAL
t 20851
2006
113
149
139
*Included., HUH! Help U Hear,Tru-Care Mobility; CARE Program
Mary Kay Facial Skin Care Workshop, Bone Density, Memory Assessment,
and Skin Cancer Screenings.
�' r 250
Parks Activities Updates
For April 2010
The desert landscaping at Fritz Burns Park on the corner of Avenida
Bermudas and Avenue 52 has been renovated. The small landscape area
which surrounds the Fritz Burns Park sign had become over -grown. The
replacement desert landscaping, including decomposed granite, matches the
new landscape that was installed between the park and the new fire station
as part of the fire station construction project.
The turf in the parks has started transitioning from the winter rye grass to
the summer Bermuda grass. At La Quinta Park, the landscape contractor has
started extensive aeration and fertilization to begin the renovation of the
soccer fields. Due to the needs of the soccer associations, the soccer fields
do not get over -seeded in the winter. Because of the heavy winter use on
the dormant Bermuda grass, each summer the soccer fields are renovated to
achieve full coverage of healthy Bermuda turf before the fall soccer season
begins.
The new playground at the Seasons Retention Basin is finished and open for
use.
The new playground at Fritz Burns Park is open to the public. A spin cup and
the shade structure are on order and they will be installed as soon as they
arrive.
The majority of the new playground equipment has been installed at Adams
Park but the playground area will remain closed to the public until the shade
structure and new safety surface is installed.
The interactive water feature has resumed operation at La Quinta Park. A
replacement top for the artificial tree in the center of the water feature has
been ordered and will be installed after the parts arrive.
New Bermuda grass sod (500 square feet) was installed in the large dog area
at Pioneer Park. Due to the popularity of the dog park, the entry of the large
dog area had become worn down to the dirt. The small dog area at Pioneer
Park and both sections of the dog park at Fritz Burns Park remain in good
condition.
`a., 251
Department Report: 7
�OFT1
TO: The Honorable Mayor and Members of the City Council
FROM: Les Johnson, Planning Directo
DATE: May 18, 2010
SUBJECT: Department Report for the Month of April 2010
Attached please find a copy of the Planning Department Report which outlines the
current cases processed by staff for the month of April.
l,,.. 25F
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DEPARTMENT REPORT: __9
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MEMORANDUM
TO: The Honorable Mayor and Members of the City Council
FROM: Timothy R. Jonasson, Public Works Director/City Engineer
DATE: May 18, 2010
SUBJECT: Public Works Department Report for April 2010
Attached please find the following:
1 . Citizen Service Request Summary;
2. Encroachment Permit and Plan Check Services Summary;
3. Capital Improvement Plan Status Update;
4. Monthly Summary of Public Works Tasks;
U_
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Public Works Dir for/City Engineer
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MONTHLY SUMMARY OF PUBLIC WORK TASKS MONTH OF: April, 2010
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
31
89
22
6
148
1001
Pot Hole -Repair/Patching
25
1
0
1
27
1002
Crack/Joint-Repair
0
0
0
0
0
1003
Pavement Marking/Legends
0
0
0
0
0
1004 1
Pavement Marking/Striping
ol
0
0
0
0
1005
Curb Painting
0
1
0
0
1
1006
Other Traffic Controls
1
18
3
1
23
1007
Curb & Gutter Repair/Const.
0
0
0
0
0
1008
Other Concrete Repairs/Const.
0
0
0
0
0
1009
Street Sign Install (New)
0
0
0
0
0
1010
Street Sign Repair/Maint
35
11
0
2
48
loll
Debris Removal
8
281
3
6
45
1012 1
Right of Way Maint.
0
50
103
0
153
1021 ICLEAN
Catch Basin Inlet/Outlet
60
115
0
0
175
1022 lRondo
Channel Outlet/Vault
0
0
0
0
0
1022A
Desert Club Outlet/Vault
0
0
0
0
0
1023
S.D./ D.W./C.B. Repair/Maint.
0
0
0
3
1
3
1024
Gutter/Median Sand Removal
0
0
0
0
0
1025
Street Sweeping (Machine)
95
0
0
0
95
1026
Street Sweeping (Hand)
0
0
0
0
0
1027
Sidewalk/Bike Path Cleaning
0
0
11
0
11
1028
Dust Control
0
0
0
0
0
1029
Flood Control
0
0
0
0
0
1031
Parks/Retention Basins Inspection/Clean-L
0
3
71
0
74
1041 1
1051
Irrig/ Weeding, Shrubs & Tree Trimming
Landscape/Irrigation Contract Managemen
27
0
37
0
87
21
5
12
156
33
1052
1061 1
Lighting/Electrical Contract Management
Small Tools Repair/Maint.
0
0
0
0
11
0
10
0
21
0
1062 1
1063 lVehicle
Equipment Repair/Maint.
Repair Maint.
0
50
0
18
0
2
0
1
0
71
1081
Trash/Litter/Recycable Removal
0
1
23
0
24
1082
lVandalism Repairs
0
0
11
0
1
1083
Graffiti Removal
71
74
35
11
191
1084
Maint. Yard Building Maint.
4
9
19
5
37
1085
Seminars/Training -
58
53
15
18
144
1086
Special Events
0
0
6
0
6
1087
Citizen Complaints/Requests
101
14
0
0
115
1088
Meeting
2
30
6
28
1 66
1089
lOffice (Phone, paperwork, reports, Misc.)
SUBTOTAL
24
592
24
5761
6
445
51
160
105
1773
1091
Over Time
11
7
14
0
32
1094
1095
Jury Duty( )
Sick Leave
0
40
0
40
0
0
0
0
0
80
1096
Vacation
8
24
35
0
67
1097
1098
1099
Holiday
Floating Holiday
Worker Comp/ Bereavement/ STD
SUBTOTAL
0
0
160
219
0
0
0
71
0
0
0
49
0
0
0
0
0
0
160
339
TOTAL HOURS
811
647
494
160
2112
TOTAL MILES
2934
34401
19721
178
8524
264
Department Report: 9
n
�J
LA' [INTA PiLICE
Served by the Riverside County Sherffs Departnent
Police Department Monthly Report
April 2010
•
Prepared for
n
• La Quinta Police Department
SIGNIFICANT ACTIVITY REPORT
Captain Rodney Vigue
Chief of Police
Thursday April 1 2010 — 1:45 PM -- SRO Rebecca Smith arrested three juveniles after a fight at Ben Franklin
Elementary school. Two female juveniles were attacked and beaten by the suspects. None of the injuries were serious
and the reason for the attack is still unknown. They were subsequently booked into Indio Juvenile Hall.
Friday April 2 2010 — 8: 14 PM -- Deputy Christopher Rowley was dispatched to the 80100 block of Jasper Park in
reference to an indecent exposure/child annoyance call. The victim, a female juvenile, was flagged down by an adult
male asking for directions. The suspect exposed himself. The victim left and contacted a passerby.
Saturday April 3 2010 — 4:45 PM -- Deputy Glaspar conducted a pedestrian check at Sinaloa at Alvarado. Glasper
arrested Elias Escalera, age 42 of La Quinta for a felony narcotic warrant. Escalera was booked into Indio Jail.
Sunday April 4 2010 — 5:00 AM -- Deputy Chris McAnallen responded to the Wal-Mart parking lot in regards to a
possible DUI driver. Dep. McAnallen located the vehicle and conducted an enforcement stop. The driver wasn't DUI,
but did have a felony warrant for his arrest. Jose Antonio Torres, 20 years of Mecca was arrested for a felony
possession of stolen property warrant.
Sunday, April 4 2010 —11:00 PM— Deputies Brandon Klecker and Christopher Rowley responded to a report of a
burglary in progress in the 79000 block of Calle Vista Verde, in La Quinta. An off -duty police officer observed
suspects entering a residential garage. He provided updated information to the responding units which included a
suspect vehicle description. As the deputies arrived they spotted the suspect vehicle leaving the location. They
•attempted to stop the vehicle but the driver failed to yield. A pursuit was initiated and continued e/b on Fred Waring. It
concluded when the vehicle collided with a fire hydrant at Fred Waring and Larrea, in Indio. Three suspects were
taken into custody. Arrested for burglary was: Mark Thompson, 35 years out of Indio ,Jeffrey Hammer, 26 years out
of Thousand Palms and Ashley Hinesley, 22 years out of Desert Hot Springs All three suffered minor injuries and
were transported to John F Kennedy Hospital in Indio, prior to being booked at the Indio Jail. Thompson will also be
charged with Felony Evading Arrest and Parole Violation.
Monday April 5 2010 — 2.15 AM -- Deputies Daniel Knight and Brandee Anderson responded to a report of
domestic violence in the 47700 block of Adams, in La Quinta. Their investigation resulted in the arrest of Albert
Sargent, 28 years of La Quinta for domestic battery.
Monday April 5 2010 — 3 05 PM -- Deputy Bill Fiebig arrested Irma Barajas, 24 of Indio, for embezzlement. She
took merchandise from her employer, Best Buy.
Tuesday April 6 2010— 12:40 PM -- Deputy Christopher Rowley authored a Search Warrant stemming from a
commercial burglary at Target on 03/26/10. The warrant was served by La Quinta Set deputies on the suspects
residence located in the 52900 block of Avenida Villa La Quinta. Property stolen during the theft was recovered. Amy
Mooney, age 33 of La Quinta, and Scott Madigan, age 38 of La Quinta, were arrested for burglary. Both suspects
booked into Indio Jail.
Wednesday April 7 2010 — 8:02 AM -- Deputy Samuel Russell responded to the 44900 block of Vista Dunes, La
Quinta, reference a domestic violence call. Jesse Rocha, 27 years of La Quinta, was arrested for domestic battery.
Rocha was transported and booked into the Indio Jail.
Wednesday April 7 2010 — 4 55 PM -- Deputy Ricardo Contreras responded to Costco, 79-700 Highway 111, La
Quinta, reference a fight. The suspect, Javier Ibarra, 43 yrs of Coachella, was arrested after assaulting his sister's
boyfriend, who was working at Costco. The victim had no visible injuries but was knocked unconscious as a result of
•being struck by Ibarra. Ibarra was booked for felony assault.
266
Wednesday April 7 2010 — 6.00 PM -- Deputy Jamie Lewis responded to Wal-Mart, 79-295 Highway 111, La Quinta
• and arrested Anthony Mascorro, 19 yrs of Palm Desert, for shoplifting.
Thursday April 8 2010 — 3:33 AM -- Deputies responded to the Postal Connection at 50855 Washington St. in the
city of La Quinta reference the front door to the business was smashed open. It was determined through the
investigation that the business had been burglarized.
Thursday April 8 2010 — 1:03 PM -- Deputy Anthony Ervin responded to the 79-200 block of Victoria Dr., La
Quinta, in reference to an attempted burglary.. The RP, a female juvenile inside the residence, reported that she saw a
male adult trying to enter the residence through a bathroom window. The suspect fled in a vehicle which had been
parked in front of the residence. The vehicle was occupied by an adult female.
Thursday April 8 2010 — 3:00 PM -- Corporal Juan Espinoza arrested Priscilla Moya, 24 years from La Quinta, for
two counts each of burglary, check fraud, receiving stolen property, and violation of probation related to check fraud
cases in Coachella and La Quinta. Moya was booked into the Indio Jail
Thursday April 8 2010 — 5 30 PM -- Set Deputy Josh Reinbolz was conducting a follow-up at Target, 78-935
Highway 111, La Quinta, when he learned of a shoplifting. Irene Martinez, 26 yrs of La Quinta, was arrested for
shoplifting, child endangerment and violation of probation. Martinez is on probation for child endangerment and had
her children with her during the commission of the crime. The children were taken by CPS.
Thursday, April 8 2010 — 6:41 PM -- Deputy Michelle Hart and Cpl Jeff Covington conducted a pedestrian check on
Eisenhower Drive and Hidalgo, in La Quinta. A male juvenile was arrested for possession of ecstasy pills and
marijuana after he ran from the contact and was stopped two blocks away. He was later released to his mother at Indio
Station.
Friday, April 9 2010 — 2:47 AM -- Deputy Jessica Vanderhoof conducted a vehicle stop at Palm Royale and Fred
Waring, La Quinta and arrested Summer Brabam, 49 years old of Palm Desert, for being under the influence of a
• controlled substance, obstructing a peace officer, driving on a suspended license and violation of probation.
Saturday April 10 2010 — 6 00 PM -- Deputy Adonis Glaspar responded to the 78700 block of Via Sonata and
arrested Steven Klein, age 58 of La Quinta, for an outstanding domestic violence warrant.
Saturday April 10 2010 — 8 57 PM -- Deputies Jeff Covington and James Knudson conducted a pedestrian check at
Eisenhower and Calle Chillon, La Quinta. Kirk Hammond, 20 yrs of Indio, was arrested for possession of brass
knuckles. He was booked into the Indio Jail.
Saturday April 10 2010 — 9.45 PM -- Deputy Adonis Glasper conducted an enforcement stop on Avenida Bermudas
and Calle Tampico, in La Quinta. The passenger, Orlando Gonzales, 19 years of Coachella, was arrested for
possession of drugs for sale.
Sunday April 11 2010 — l 45 AM -- Deputy Chris McAnallen conducted an enforcement stop at Washington and
Fred Waring, in La Quinta. He arrested the driver, George Gutierrez, 27 years of Indio, for DUI.
Monday April 12 2010 — 4:29 AM -- La Quinta deputies responded to a report of a vehicle burglary in the 47900
block of Dune Palms, In La Quinta. The reporting person provided a description of the suspect vehicle and Deputy
Chris McAnallen located the vehicle at Adams and Avenue 47 where he conducted an investigative traffic stop. He
arrested Christian Michael Meza, 20 years of Indio, for vehicle burglary.
Monday, April 12 2010 — 12:45 PM -- SET Deputy Jason Chancellor conducted a traffic stop at Hwy I I I and
Adams St. He arrested Amanda Prock, age 23 of Desert Hot Springs, for a criminal threats warrant and booked her
into the Indio Jail.
Monday, April 12 2010 — 5735 PM -- SET Deputy John Lon responded to a shoplifter in custody at Wal-Mart, La
•Quinta. Steve Briseno, age 20 of Palm Desert, was booked into the Indio Jail for commercial burglary.
a.. 267
Tuesday, April 13 2010 — 7 00 AM -- Deputies Shaun Hughes and Isaac White served a narcotics search warrant in
•the 47700 block of Dune Palms Rd. Arrested were: Grant Flores 28, Leonard Flores 23, and Jennifer DeLam 25, all
La Quinta residents. Methamphetamine and two stolen handguns were recovered. Two children were removed from
the apartment by CPS.
Tuesday April 13 2010 — 11:00 AM -- Investigator Maros arrested Jade Loya, 29 years -old from Coachella, for four
counts each of theft by credit card and elder abuse and one count of theft of identification to obtain an access card
related to a fraud that occurred in La Quinta. Loya was booked into the Indio Jail.
Tuesday April 13 2010 — 4.45 PM -- Deputy Michelle Hart responded to Wal-Mart located at 79295 Hwy 111, La
Quinta regarding shoplifter in custody. Miles Joseph Kennedy, age 19 of Palm Desert, was arrested and booked into
Indio Jail.
Wednesday, April 14 2010 —1 :45 PM -- Deputy Samuel Russell responded to Wal-Mart, 79295 Highway l 11, in La
Quints reference a shoplifter being detained. Sabrina Lynn Montellano 40 years of La Quinta, was arrested for
commercial burglary. Montellano was transported and booked into the Indio Jail.
Wednesday, April 14 2010 — 9:30 PM -- Deputy Jamie Lewis responded to the 54-200 block of Avenida Herrera, La
Quinta, reference a disturbance. Telio Kaious, 32 yrs La Quinta, was arrested for a felony drug warrant. He was
booked into the Indio Jail.
Wednesday, April 14 2010 — 9:55 PM -- Deputy Matthew Martinez conducted a pedestrian check at Avenida Villa
and Avenida Navarro, La Quinta. Hilario Meza, 28 yrs of La Quinta, was arrested for a felony drug warrant.
Thursday, April 15 2010 — 1:38 PM -- Deputy Joseph Harris responded to Wal-Mart at 79-295 Highway 111, La
Quinta. Maribel Lara, 46 yrs of Desert Hot Springs, was arrested for passing a counterfeit one -hundred dollar bill. She
was booked into the Indio Jail.
• Thursdav April 15 2010 — 928 PM -- Deputy Josh Reinbolz of the La Quinta Special Enforcement Team conducted a
traffic stop at Washington and Fred Waring and arrested Hugo Magdaleno-Rosales, 28 years old of Coachella, for
possession of methamphetamine.
Friday April 16 2010 — 8:07 AM -- Deputy Michael Scott responded to Dune Palms and Highway 111, La Quinta, in
reference to an attempt robbery. The juvenile victim said he was at the corner of Corporate Centre Way and Dune
Palms when a van pulled up next to him and a subject jumped out and tried to take his back pack by force. The victim
said after a short struggle the suspect jumped back into the van which left the location .
Friday April 16 2010 — 11 :42 PM -- Deputy David Irving responded to Eisenhower Medical Center reference a
victim at the hospital with a reported stab wound. The victim was contacted and had a superficial wound on his right
shoulder which he said was caused by his roommate, Joe Gil, 66 years old. Gil was arrested and booked for Assault
with a Deadly Weapon and Felony Domestic Violence.
Sunday April 18 2010 — 8.17 AM -- Deputy Evan Kibbey responded to Homewood Suites, 45200 Washington St.,
in La Quinta reference a suspicious person. Taylor Pringle, 20 years of San Clemente, was arrested for possession and
sales of ecstasy. Pringle was transported and booked into the Indio jail.
Monday April 19 2010 — 2:16 AM -- Deputy Braden Stockham conducted a pedestrian check behind the La Quinta
substation. He arrested Maksim Brazhnikov, 22 year old transient, for being under the influence of a stimulant.
Monday, April 19 2010 — 4:50 AM -- Deputy Cameron James took a report of a hit and run on Avenue 54 and
Monroe, in La Quinta. A vehicle was found on the side of the road with a broken rear window. Deputies were unable
to locate the owner of the vehicle.
Monday, April 19 2010 — 9 51 AM -- Deputy Hernandez conducted a traffic enforcement stop on Miles at Dune
•Palms. His investigation led to the seizure of methamphetamine. Marcus Glaspar, 34 years of La Quinta, was booked
for possession of methamphetamine.
268
•Monday, April 19 2010— 11 19 AM --Deputies responded to a commercial burglary in the 79200 block of Highway
111. Deputy Russell spotted the suspect fleeing . Jaime Munguia, 20 years of Indio, was arrested and booked for the
burglary. Munguia received a small cut to his forehead from falling while running away.
Monday, April 19 2010 — 10:45 PM -- Deputy Stephen Davis responded to a report of a robbery in the 78100 block
of Ave La Fonda, in La Quinta. Investigation revealed that the victim was exiting the rear of the business when he
was attacked by two masked men. The victim was transported to the hospital for treatment of two cuts to his forehead.
Wednesday April 21 2010 — 1230 AM -- SET Deputy Prezell Burgie conducted a traffic stop on Avenida Bermudas
and Montezuma. He arrested Kenneth Gamble, age 42 of La Quinta, for possession of methamphetamine. Gamble
was booked into the Indio Jail.
Thursday AyJ122 2010 — 10.00 PM -- Deputy Ed Ortega responded to a burglary in the 51-500 block of Avenida
Mendoza in La Quinta. A neighbor called after finding the garage pedestrian door kicked in. The owner of the house
was not home and Deputy Ortega was unable to contact him.
Saturday April 24 2010 —2:23 AM -- SET Deputy Jason Chancellor conducted a traffic stop on Washington and
Simon Dr. and arrested Cheryl Kauffman for DUI. Kauffman was booked at the Indio Jail.
Saturday April 24 2010 — 930 AM -- Deputy Tracey Newton responded to the PGA West Private Pro Shop, located
at 55900 PGA Blvd., La Quinta, in reference to a subject detained at the location for theft. James Hodnik, 66 years -old
of Milwaukee, was arrested for shoplifting and booked into the Indio Jail.
Saturday April 24 2010 — 935 PM -- Deputy Jeff Reynolds conducted a pedestrian check of three teenage boys on
Dune Palms and Starflower, La Quinta. One of the kids had spray paint and other markers in his possession. La
Quinta SET Deputies responded to assist and located several mailboxes, sidewalks and a bus stop bench area
•vandalized with paint. The juvenile was arrested for the vandalism and booked into Indio Juvenile Hall.
Sunday April 25 2010 — 3:20 AM -- Deputy James responded to a domestic disturbance in the 47700 block of Dune
Palms. Carlos DeLaFunte was contacted outside the residence and arrested for public intoxication. DeLaFunte was
booked into the Indio Jail.
Sunday April 25 2010 —11.00 AM -- Deputies Jauert and Ramos handled two vehicle burglaries at St. Francis of
Assisi Church off Washington Street. The entry was made by window smash and purses were taken in both cases.
Sunday April 25 2010 — T 16 PM -- Deputy Jason Stillings conducted a vehicle stop on Eisenhower and Calle
Nogales, La Quinta. Steven Benavidez, 18 yrs of Indio, was arrested for possession of methamphetamines for sales.
Monday April 26 2010 — 1:14 PM -- Deputy Russell responded to Wal-Mart at 79295 Highway I I I to a shoplifter in
custody. A seventeen year old female was arrested and booked into Indio Juvenile Hall for commercial burglary.
Monday April 26 2010 — 6 08 PM -- Deputy Christopher Rowley responded to Del Taco, Washington and Channel
Dr., La Quinta reference an intoxicated subject harassing customers. Steven Mitchell Greg, 47 yrs of Indio was
arrested for public intoxication.
Monday April 26 2010 — 9:14 PM -- Deputy Jason Stillings responded to the 52800 block of Avenida Navarro, La
Quinta reference a citizen's report of a DUI driver. Jorge Luis Lopez Oliva was located pulling into a driveway as
deputies arrived. He was arrested for DUI.
Tuesday April 27 2010 — 8 00 AM -- Deputies assigned to "Operation Spring Cleaning", with the assistance of Indio
Station Investigators, served a search warrant in the 52000 block of Avenida Mendoza related to a residential burglary
that occurred in La Quinta in February. Stolen property from the burglary and other items believed to be stolen were
seized during the search warrant. Marcos Ochoa, 29 years -old from La Quinta, was arrested for burglary and violation
•of parole, and his mother, Margarita Sanchez, 48 years -old from La Quinta, was arrested for receiving stolen property.
%. 269
Both Ochoa and Sanchez were booked into the Indio Jail and a parole hold was obtained for Ochoa. Investigation into
• other stolen property is continuing.
Tuesday, April 27 2010 — 2:30 PM -- Deputy Ramos responded to Marshall's, 79395 Highway 111, to a theft that just
occurred. Dep. Ramos located the suspect along Highway 11 I and recovered the stolen property. Ismael Garcia, 44
years of Coachella, was booked for theft with priors.
Tuesday, April 27 2010 — 5:1 S PM -- Deputy Jason Stillings responded to Wal-Mart, 79295 Hwy 111, La Quinta
reference a theft. Elaine Yanez, 49 yrs of Indio was arrested for burglary and theft with priors.
Thursday, April 29 2010 — 11:00 AM -- Deputy Mariano Matos arrested Vincente Valle, 32 years -old from Indio, for
grand theft and theft by false pretenses related to a check fraud case that occurred in La Quinta. Valle was booked into
the Indio Jail.
Thursday, April 29 2010 — 11 00 PM -- Deputies Edwin Romero and Miguel Ramos conducted a bike stop at
Avenida Bermudas and Calle Estado, La Quinta. Rudy Mendez, 34 yrs of La Quinta, was arrested for possession of
drug paraphernalia. He was booked into the Indio Jail.
Friday, April 30 2010 — 2:05 AM -- Deputies responded to southbound Washington at Village Shopping Center
reference a major injury traffic collision. Deputies found two vehicles involved in the collision and two occupants in
one vehicle were later pronounced deceased at local area hospitals. The driver of the vehicle that caused the accident
was un-injured.
Friday April 30 2010 — 5:45 PM -- Deputies Mark Skoglund and Rick Domiguez responded to the 52200 block of
Avenida Ramirez, La Quinta to assist probation. A male juvenile was arrested for possession of a stolen motorcycle
which had been stolen from a garage in La Quinta. During the investigation deputies identified a 14 yr old suspect who
was responsible for the theft of the motorcycle. He was booked into Juvenile Hall for burglary and vehicle theft.
•
•
270
u
Deputy Prezell Burgie
Deputy Christian Bloomquist
Deputy Jason Chancellor
CITY OF LA QUINTA
Special Enforcement Team
April 2010
S.E.T. TEAM Supervising Sgt. Mark Hoyt
Summa of Activitv
Deputy Joshua Reinbolz
Deputy Claudia Rodriguez
Deputy Chris Frederick
Type of Activity
Programs
# of Incidents
1 7
Type of Activity
Weapons Recovered
# of Incidents
0
Vehicle Checks/Stops
82
Arrest Warrants Served
7
Pedestrian Checks
39
Search Warrants
2
Follow-ups
51
Parole Searches
14
Citations Issued
26
Arrests/Filings
10
SIGNIFIGANI AGIIVIIr
1. Deputies from the Special Enforcement Team investigated a possible illegal marijuana
cultivation on Avenida Villa. Deputies served a search warrant at the suspected residence
and located several marijuana plants. Further investigation led to the conclusion that the
marijuana plants fit the legal criteria to qualify for medicinal use. City of La Quinta Code
enforcement and California Department of Fire personnel responded and inspected the
residence for possible violations.
2. SET Deputies responded to assist patrol deputies investigating a residential burglary in
progress on Star Flower. In the course of the investigation, deputies made contact with
three juveniles in the area. Examining the backpack of one of the juveniles, deputies
found several markers, spray paint, and other graffiti paraphernalia. Additional investigation
confirmed that the juvenile had vandalized multiple locations within the city. The juvenile
was arrested and taken to Indio Juvenile Hall.
3. SET Team members have been very proactive in conducting traffic stops, parole and
probation compliance checks. This proactivity has contributed to the low number of
violent crimes experienced within our community.
CITY OF LA QUINTA
Traffic Services Team Report
April 2010
Traffic Services Team
Dep. Frederick Dep. Heffley Dep. Wiggs Cpl. Covington Sgt. Walton
OC.S.O. Delaney Dep. Reynolds
SIGNIFICANT ACTIVITY
Overall public roadway collision activity has dropped 11%when compared
with the same time frame in 2009. When all collision activity is counted, the visitors
and residents throughout our city are enjoying a 25% collision rate reduction.
Public roadway collision activity occurs during weekdays, with Tuesdays accounting
for 66% of the total activity. Traffic collisions occur most often between the daytime
hours of 8:00 a.m. through 8:00 p.m.
Vehicles traveling at unsafe speeds for the roadway design and unforeseeable
hazards are the primary reason collisions occur within the city of La Quinta. As a
result, La Quinta Traffic Services focus their attention toward education and en-
forcement of excessive speed and unsafe turning movements.
La Quinta Traffic Services assumed a fatal collision investigation on April 30, 2010.
During this tragic collision, two La Quinta residents lost their lives. A collision re-
construction was performed by La Quinta Traffic Services and because of their
specialized technical law enforcement skill, provided the supporting evidence to
identify the cause of this intersection related collision. At the conclusion of the
investigation, Traffic Services will file criminally negligent manslaughter charges
against the surviving motorist who took the valuable lives of our two citizens.
In keeping with all developing trends, La Quinta Traffic Services constantly shifts
its focus to address the leading causes of collisions within the city boundaries.
�. L
X
u
CITY OF LA QUINTA
Business District Deputy Report
April 2010
Deputy William Fiebig
SUMMARY OF ACTIVITY
Business Management Contacts 23
Investigations 10
Suspects Arrested / Charged 07
SIGNIFICANT ACTIVITY
I responded to a business reference three suspects who were using stolen credit card account
numbers in a "carding scheme'. I identified the suspects as Armenian and Russian nationals in
the Glendale CA area. I worked with the credit card companies to identify some of the victims.
This investigation was forwarded to Indio Station Investigations.
I received a call from a business regarding three individuals attempting to sell merchandise in
Othe store parking lot. I identified the individuals and determined the item (tool) was not stolen
.... 213
• and a probation check revealed the individuals were not in possession of any stolen property at
their residence.
While making a new business contact, the business employees reported some graffiti to their
business. I provided them with the City of La Quinta resource information numbers to remove
the graffiti and generated an incident report.
I responded to meet with all of the business property managers in the area to address any issues
or concerns. I also wanted to determine if the property managers are satisfied with the services
of the La Quinta Police and what the La Quinta Police can do differently to better assist the local
businesses. Thus far, all property managers are pleased with the La Quinta Police performance
and professionalism. No issues of concern were noted.
A local business employee had $300.00 stolen from her purse inside the employee locker room.
Although interviews with employees did not identify a suspect, I made recommendations to the
business on how to prevent future internal thefts.
On two separate occasions at two different businesses, victims had her debit/ATM account
number compromised. During one of the incidents, the victim's credit cards were stolen from
her vehicle from the local business parking lot. During both incidents, the suspect(s) then used
the account information to purchase merchandise. Because of these incidents, I conferred with
the business managers and suggested more thorough means to verify account information.
• A victim had her vehicle burglarized at a local business parking lot. Baby items and stereo
equipment were stolen. An anonymous note left at the scene provided a license plate of the
possible suspect vehicle. Follow-up investigation could not identify a suspect. Because of this
incident, I am working with the local business to conduct a merchandise "bait car" program.
Working in conjunction with La Quinta Code Enforcement, I conducted a business compliance
check on a local Massage Spa. One employee who emerged from the massage rooms with a
customer did not have a license to provide massage therapy but denied working. All other
employees had a license and the business seemed legitimate with no other unusual activity
noted.
Working in conjunction with the City of La Quinta, I wanted to clarify the "Pan -Handler" /
"Peddler" policy. Although no permits are being issued nor are permits required by the city due
to a "Constitutional Glitch" in the city law, a business license is still required for individuals
receiving pay to solicit or panhandle or attempting to generate money for their services (i.e.,
solicitors receiving a certain amount of money for each signature collected, candy being sold,
etc, etc).
From May 27-28, 2010, 1 attended a Retail Organized Crime Investigator Conference in Las
Vegas, Nevada. I made some retail contacts at the corporate level. I also learned the most
current trends and tactics criminals are using to commit thefts to major retail stores.
L J
274
BUSINESS/COMMUNITY EVENTS
I assisted a local property manager with coordinating and working logistics during the Coachella
Fest activities in which the "Budweiser Beer Clydesdale Horses" arrived in La Quinta for a
promotional viewing. During this event, I coordinated and worked with the La Quinta COP
Volunteers.
BUSINESS COMMUNITY SPECIAL PROJECTS
I am currently developing an updated Bank Robbery Response Plan with all of the financial
institutions in La Quinta for patrol deputies to carry with them in their patrol units.
I am working with Alcohol and Beverage Control (ABC) to develop and implement a "Shoulder
Tap' alcohol decoy program. In conjunction with the Shoulder Tap program, I am also
developing a business compliance program to document and impose sanctions to businesses
that sell alcohol to anyone under 21.
I am developing and preparing for a local retail meeting with all of the major retailers in the area
to discuss crime trends and issues of concern with theft in their businesses. I am gathering
literature and various retail crime related information for discussion.
I developed a Power -Point presentation with talking points on detecting counterfeit currency.
This Power -Point is available to businesses in the event they receive counterfeit money and
• what to look for. I plan on developing this power -point on CD's for distribution to local
businesses.
•
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0
•
Deputy Kevin Moore
La Quinta High School
CITY OF LA QUINTA
School Resource Officer Report
April 2010
Summary of Activi
Type of Activity
Number of Incidents
Criminal Reports
g
Arrests
0
Truant Sweeps
0
Business Checks / City Park checks
1
Traffic / Parking Citations
6
Vehicle Checks
Pedestrian Checks
4
Warrant Service
Traffic Stops
DA Filings
Y.A.T. Referral
4
Truancy Citations
1. Due to a work related injury I was not present at the school April 1 through April 13.
I investigated an unsubstantiated report that a student was planning on carrying out a
shooting on campus. It was determined that the information was the result of a rumor
that originated from a student at Palm Desert High School. A non -criminal report was
completed to document the incident.
I received an anonymous tip that a student was in possession of illegal drugs on campus.
In addition, I was informed of the identity of a second student who had sold the drugs to the
first student. When I contacted the first student I found him to be in possession of drugs
as I had been informed. The second student, when contacted, admitted selling the drugs.
I referred a female juvenile to the Indio Police Department after she reported being sexually
assaulted within their jurisdiction.
,w.. L 7 no
i
•
0
La Quinta MS
Franklin E.S..
Truman ES
Adams ES
CITY OF LA QUINTA
School Resource Officer Report
April 2010
Deputy Rebecca Smith
Summa of Activit
Type of Activity
Number of Incidents
Reports
7
Arrests
6
City Park Area Checks
2
Municipal Code Citations
1
Home Visits
6
Vehicle Checks
2
Follow-up I Public Assist
12
Pedestrian Checks
17
Y.A.T. Referral
4
Traffic Citations / Traffic Stops
1
Business Checks
2
1. A concerned parent spoke with me regarding possible drug use by her daughter and her
daughter's boyfriend. Dep. Hendry and I made a home visit and received parental permission
to search the student's room. During the search of the room items of stolen property were
located. When I spoke with the student she gave permission to search her backpack. When
I did so I located a prohibited weapon. The student was arrested for possession of stolen
property and the weapons charge. The case was referred to Y.A.T. and charges are pending.
2. 1 responded to a report of a battery involving six female juveniles in the parking lot of Ben
Franklin E.S. It was determined that one female directed three others to attack two students
in the parking lot. The three females who committed the battery were located, arrested and
transported to Juvenile Hall. One victim was transported for medical aid by their parents.
The case has been referred to juvenile probation.
investigated a report that a first grade student had been seen on campus, the previous day,
a gun in his backpack. When I spoke with the student he admitted he had brought a cap
to school. When I spoke with the student's mother she immediately became hostile
ards the school and myself. Due to the student's age no charges will be filed. If the parents
:inue to display an aggressive and hostile attitude towards school personnel it is possible
will be banned from campus.
277
Deputy Thomas Hendry
Summit H.S.
Paige M.S.
Horizon O.S.
CITY OF LA QUINTA
School Resource Officer Report
April 2010
Summary of Activity
Type of Activity
Number of Incidents
Reports
6
YAT Referral
0
Out of Custody Filings
6
Pedestrian Checks
4
Vehicle Check
3
A Col. Mitchell Paige student stole a cellular telephone from a fellow student. I was able to
locate and recover the stolen phone. Out of custody charges were filed.
A Summit High School student was found to be in possession of marijuana. Out of custody
charges were filed.
I investigated a report of a Col. Mitchell Paige student brandishing a weapon at another
student. The victim said the suspect held, what he thought was a knife, to the victim's
throat. It was determined that the object was, in fact, a comb designed to look like a
switchblade knife. Out of custody charges were filed.
A female student at Col. Mitchell Paige M.S. used an iPod electronic device to record video
images of other female students as they were changing clothes in the locker room prior to
physical education class. The female suspect then returned the !Pod to the male student
who it belonged to. Through my investigation I found that the male student did not ask the
female student to take the video, however, he admitted that he did watch the video. Out of
custody charges were filed.
5. A baggie of marijuana was found on the campus of Summit High School. I was unable to
determine who the marijuana belonged to.
27`�
C
CITY OF LA QUINTA
Community Service Officer Report
April 2010
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 Acfivifv
Type of Activity
Number of Incidents
Bur lary Investigations
4
Grand Theft Reports
1
PettyTheft Reports
4
Vandalism/Malicious Mischief Reports
16
Traffic Collision Response
38
Vehicle Code or Parking Citations
22
Abandoned Vehicles Tagged/WarningTagged/Warning
g
Towed Vehicles
3
Lost or Found Property Reports
4
Stolen Vehicle Report
0
Custodial / Non -Custodial Transport
11
Miscellaneous Calls
114
279
Danese Maldonado
Volunteer Coordinator
CITY OF LA QUINTA
Citizens On Patrol
Community Policing Office
Monthly Volunteer Report
April 2010
Gary Bessey
Meet Gary Bessey one of our new office volunteers. Gary is a California native,
however, he did some moving around before he settled down in La Quinta in 2008
followin a lengthy career in banking.
Gary recently became a new grandfather and will tell you all about it if you just ask him.
Gary says he is looking forward to serving the La Quinta Police Department and the
citizens of La Quinta.
Summary of Activitv
Community Policing Office
Number
Citizens On Patrol
Number
Monthly Volunteer Hours
165
Traffic Control / Collision
2
Hours Y.T.D.
629
Business Checks
62
Hours 4/03 to Present
18,394
Community Events
2
CPO Monthly Visits
109
Courtesy Notifications
23
CPO Y.T.D. Visits
429
Training Hours
4
CPO Visits 4/03 to Present
16,412
Neighborhood Patrol
52
Training Hours
0
Vacation Checks
13
Patrol Hours
113.5
Y.T.D. Patrol Hours
372.5
Hours 7/06 to Present
4,970
The established rate for value received for volunteers in the State of California is calculated
v 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: $16,264.00. Total savings since 2003: $379,431.00.
p.. , 280
K
Corporal David Perez
CITY OF LA QUINTA
Post 503 Explorer Report
Apr--90
Post 503 Explorers
Explorer Post 503 members traveled to Los Angeles for a field trip at the Museum of Tolerance.
seum staff provided a personal guide who directed the three hour tour for the Explorers. The
st 503 team members were given broad insight regarding different expressions of prejudice and
prance related to our fellow man. A stop at the Pizza factory during the trip back was a big hit anc
trip was educational, inspirational and FUN!
Explorer Lt. Alejandra Ornelas conducted a power point presentation for the ROTC class at
�sert Mirage High School in Thermal. At this time, there is no Public Safety Academy (PSA)
the school to expose and inform interested students on careers related law enforcement or
services. School resource Officer J. C. Garcia coordinated the presentation and shared in the
estion and answer session.
The Explorer program offers law enforcement career education for young people 14 years of age
(Must have completed 8th grade.) to age 20. Explorer team members must maintain a minimum
of a "C' average in their studies in order to participate in the program.
For additional information, or to apply for membership, call 760-863-8990 and ask for Corporal
m.
281
Department Report:
0
i
LA LINTA
Served by the Pave
P.@.LICE
rside Courny Sherffs Deparunem
Crime Statistics Summary
March -- 2010
Prepared for
4s..
232
•
10
11
12
13
•
CITY OF LA QUINTA
Crime Comparison -- March
CRIME March March YTD 2010 YTD 2009
2010 2009
AGGRAVATED ASSAULTS
4
8
11
20
BURGLARY
45
36
125
128
BURGLARY - VEHICLE
24
32
56
77
DOMESTIC VIOLENCE
24
16
54
46
HOMICIDE
0
0
1
0
NARCOTICS VIOLATIONS
15
46
61
97
ROBBERY
4
2
4
6
ROBBERY - CAR JACKING
0
0
0
0
SEX CRIME FELONY
4
10
11
19
SEX CRIME MISDEMEANOR
0
7
1
10
SIMPLE ASSAULTS
5
8
21
22
THEFT
82
68
198
219
VEHICLE THEFT
7
12
20
30
CITY OF LA QUINTA
Average Response Time -- March
2010
TYPE OF CALL
RESPONSE TIME (MINUTES
NUMBER OF INCIDENTS
EMERGENCY
5.85
2
ROUTINE
7.65
1,368
" Data from Riverside Co. Sheriffs Department Data Warehouse, Average Response Time Report.
•
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U
Crime Distribution Table
Mar-10
% of Total
Mar-09
% of Total
1
AGGRAVATED ASSAULTS
4
1.87%
8
3.27%
2
BURGLARY
45
21.03%
36
14.69%
3
BURGLARY - VEHICLE
24
11.21%
32
13.06%
4
DOMESTIC VIOLENCE
24
11.21%
16
6.53%
5
HOMICIDE
0
0.00%
0
0.00%
6
NARCOTICS VIOLATIONS
15
7.01%
46
18.78%
7
ROBBERY
4
1.87%
2
0.82%
8
ROBBERY - CAR JACKING
0
0.00%
0
0.00%
9
SEX CRIME FELONY
4
1.87%
10
4.08%
10
SEX CRIME MISDEMEANOR
0
0.00%
7
2.86%
11
SIMPLE ASSAULTS
5
2.34%
8
3.27%
12
THEFT
82
38.32%
68
27.76%
13
VEHICLE THEFT
7
3.27%
12
4.90%
Total
214
98.13%
245
96.73%
CITY OF LA QU NTA
March 2010 Crime Distribution
90
80
70
--
60
45
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50
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40
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Month to Month Crime Comparison - March
90
80
70
0 March 2010
60
0 March 2009
50
45
46
40
6
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30
20
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8
7
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250
200
150
100
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Yearto Date Crime Comparison - March
219
12528
97
56
461
_30-
1120
46
001119
102122
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20
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a
o=YrD2010
0
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0
Month to Month Calls for Service Comparison
December 2009
0 Mar-1 0
0 Mar-09
3,500 -
2,916
3,000 -
T_
2,500--
2,000
335 1470
1,446
70--
1,500
_ ----
1,000
500
0
Total
Non -Criminal
Criminal
Year to Date Calls for Service Comparison
9,000 8,548
'99
8,000
7,000
6,000 oYTD2010
5,000 4Z47- - - o YTD 2009
241 57 3,931
4,000
3,000
2,000
1,000
0
Total Non -Criminal Crimnal
2 8 6
Elected Officials and the EOC.
Few elected officials are ever told specifically where they fit into the flow of a
well -established emergency response structure. In a disaster, it is crucial for
elected officials to have a framework that enables them to maintain a strong
leadership role while remaining above (and out of the way of) the incident
command functions of the EOC and field.
As part of such a framework, cities usually plan where the mayor and council
members fit into the emergency response process. Generally, the role of an
elected official is to participate with the policy group (emergency ordinances,
curfew, anti -price gouging etc) and to support the PIO function. Typical activities
for elected officials include:
Coordinating with the city's Emergency Operations Center (EOC) by;
• Visiting the EOC periodically;
• Relying on the EOC director
for information; or PIO.
• Providing overall policy direction for the EOC director; and/or
• Participating in press conferences with other officials.
Such roles and activities vary for each city and county. Depending on a city's
size, many of these functions may be coordinated by the contracted first
responders. La Quinta may have delegated some powers to the county or city's
director of emergency services. A mayor and the succession line, can proclaim a
local state of emergency to activate an emergency plan; however, a local
declaration requires the full policy body to ratify the decision within a reasonable
time and then send it to Riverside County OES.
Disseminating accurate information is another important role for elected officials
during an emergency, when everyone wants and needs to know what is
happening. This requires advance planning and good management. It is
essential to create a centralized system that coordinates among all departments
and disciplines and ensures information is released efficiently and accurately.
A joint information center (JIC) that provides an organized, integrated,
coordinated mechanism for public information should be instituted. Supported by
regional decision -makers, it uses representatives from all key entities involved in
managing resources to keep decision -makers, policy officials and the public
informed. The PIO plays a very important position in the EOC by preparing
organized and coordinated information for the media and public. This information
can also be used by elected officials for their interviews.
Elected officials should be familiar with the La Quinta Emergency Operations
Plan (EOP) and receive training in the Standardized Emergency Management
System (SEMS), the National Incident Management System (NIMS) and the
Incident Management System (ICS).
T'lluf 4 4 a"
COUNCIL/RDA MEETING DATE: Mav 18, 2010
ITEM TITLE: Public Hearing To Consider Adoption of
Resolutions for 1) Certification of Environmental
Impact Report for Environmental Assessment 2008-
600, Adoption of Findings Pursuant to California
Environmental Quality Act, Adoption of Statement
of Overriding Consideration, Adoption of a
Mitigation Monitoring Program for an Environmental
Impact Report, and 2) Adoption of Specific Plan 08-
085 for the Development of up to 200 Affordable
Residential Dwelling Units and up to 82,000 Square
Feet of Automobile Sales and Related Uses
Generally Located on the South Side of Highway
111, Between Dune Palms Road and Costco Drive.
Applicant: La Quinta Redevelopment Agency
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION: _
PUBLIC HEARING:
1) Adopt a Resolution of the City Council certifying an Environmental Impact
Report (SCH#2008101109) including adoption of CEQA Findings and
Statement of Facts, and Statement of Overriding Considerations for
Environmental Assessment 2008-600.
2) Adopt a Resolution of the City Council approving Specific Plan 2008-085,
subject to Conditions of Approval.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
268
BACKGROUND AND OVERVIEW:
Site
The project site is approximately 22 acres in size, is generally rectangular in shape, and
is located on the south side of Highway 111, approximately 300 feet east of Dune
Palms Road. At the southern end of the property, there is a narrow "panhandle" that
extends approximately 260 feet west connecting the bulk of the site to Dune Palms
Road. The site is bounded on the north by Highway 1 1 1; on the south by the Desert
Sands Unified School District administration and service facilities, including the
District's school bus yard; on the east by existing commercial development (the Komar
Center/Costco); and on the west by a gasoline station, a mini -storage facility, and
Dune Palms Road.
Up until the 1940's, the site was undeveloped, at which point the eastern half of the
site was converted to agricultural uses with two accessory structures, likely water
tanks. The agricultural uses were terminated prior to 1974, at which point a trailer
park became operational in the northeastern section of the site. However, by 1980,
residential occupancy at the trailer park had dwindled, with only a dozen or so trailers
remaining. The units remained until the early 2000's, when the final trailers vacated
the site and all remaining structures were removed. The La Quinta Redevelopment
Agency (RDA) purchased the property in 2007 to facilitate the development of
affordable housing and infill commercial development, both of which are identified as
goals in the adopted La Quinta Redevelopment Plan.
The northern portion of the project site is designated by the General Plan as Regional
Commercial and zoned Regional Commercial; the southern portion is designated as
Commercial Park by the General Plan and zoned Commercial Park.
PROPOSAL
The Specific Plan (Attachment 1) is the policy vision for the project site and provides
regulatory standards to ensure its implementation as the area develops. It is
deliberately designed to permit a degree of flexibility and to allow for changes in local
standards and the housing and commercial markets.
The Project as a whole is envisioned as a vibrant, dynamic development that serves
both the housing needs of low-income residents of La Quinta, as well as La Quinta
shoppers and others in the area who desire a wider variety of commercial opportunities
with goods and services that are not currently available in the immediate vicinity.
289
Development proposals will be subject to Site Development Review Approval by the
City of La Quinta and each proposal will go through that review process at the time
they are proposed. Use and design elements of the specific development proposals
will be reviewed for consistency with the regulations and guidelines established in
this plan.
The site will consist of a northern commercial portion and a southern residential
portion. Each portion will be approximately 10 acres in size and be separated by a
street providing vehicular and pedestrian access through the site as well as providing
primary access to and from the residential portion and secondary access to the
commercial portion.
Residential
The residential portion of the project site will add up to 200 new affordable multi-
family housing units in a series of single and two-story buildings on the southern half
of the property. Preliminary plans propose a contemporary desert architectural style
and a design sensitive to the existing built environment surrounding the project site.
Site and building design is proposed to be "sustainability focused" in an effort to
reduce electrical and water consumption. The residences will be developed as
affordable multi -family apartment homes, with all units designated for occupants at
affordability levels as yet to be determined, but including very low-, low-, and possibly
moderate -income as defined by California Redevelopment Law. The residential project
will contain a mix of housing sizes to serve a variety of residents. A new public road,
currently identified as "A" Street, will provide access to the residential project and a
connection between Dune Palms Road to the west and the adjacent Komar
Center/Costco to the east. The development of "A" Street will also include the
construction of a traffic signal at Dune Palms Road. Pedestrian paths will traverse the
residential community facilitating easy access to Dune Palms Road, Highway 1 1 1, and
neighboring commercial developments.
Commercial
The commercial portion of the project site will provide up to 82,000 square feet of
automobile sales buildings and related uses. The development is envisioned to hold up
to three automobile dealerships with associated service facilities. Vehicular access to
the commercial portion will be provided at two entry points along Highway 1 1 1. The
commercial development is also proposed to have access to "A" Street along its
southern boundary as well as an emergency and service vehicle access to the west
immediately north of the existing mini -storage facility.
290
Phasing
It is anticipated the Specific Plan will be built out in two phases over a period of
approximately six years. Phase I is intended to include mass grading of the entire site,
"A" Street and associated vehicular and pedestrian circulation improvements, on- and
off -site drainage improvements, construction of the residential units and two of the
three potential auto -related commercial buildings. Phase 11 will consist of constructing
the remaining auto -related commercial building area and is expected to begin
approximately four years after the completion of phase one.
ANALYSIS
As noted, the actual development proposals are not part of this review and therefore
the analysis is limited to the "backbone" improvements proposed for the site and the
general standards included in the plan.
Circulation
The main entry for the commercial portion of the Plan area is a right -in, right -out
access via Highway 111. The secondary entry point is to be located further east on
Highway 111 and will also be a right -in, right -out access. A third entry point is
proposed off of "A" Street near the Costco/Komar development. Finally, a fourth entry
point intended for emergency and service vehicles only is located north of the adjacent
mini storage facility providing access between Dune Palms Road and the southwest
corner of the auto/commercial component.
The residential community's primary entrance is from Dune Palms Road via the
proposed "A" Street, which will run between the commercial and residential portions
of the site. Adequate stacking space will be provided for entering and exiting traffic,
coordinating well with the site's internal circulation system. "A" Street will be a two-
lane road with turning lanes angled to align with an entry point to a neighboring
commercial center (Sam's Club) on the western side of Dune Palms Road and will align
with an existing driveway within the Costco/Komar commercial development to the
east. A signalized intersection at Dune Palms Road will allow for left- and right -in, as
well as left- and right -turns out. The Dune Palms entry is further designed to
accommodate the turning radii and maneuvering capabilities of the Desert Sands
Unified School District (DSUSD) busses and delivery trucks that will utilize the new
signalized entryway.
A benefit of the site's location is the close proximity to a number of shopping and
employment opportunities and public transit. This factor reduces the need for future
residents of the residential portion to commute long distances for jobs, services, and
shopping opportunities. Public transit is available nearby with existing stops located
291
near the intersection of Highway 111 and Dune Palms Road. Pedestrian access routes
will be located along the eastern property line of the auto/commercial component that
will extend from Highway 111 south to "A" Street, and along "A" Street to provide
access to the adjacent retail establishments and Highway 111.
Within the Project, design concepts and delineated pathways are to be designed to
ensure a secure relationship between automobile traffic and pedestrians. Sidewalks
and pedestrian paths will allow for safe, easy pedestrian travel throughout the project,
as well as provide convenient access to Dune Palms Road, the Costco/Komar Center
and Highway 111.
Proposed project improvements also include modifications to the adjacent DSUSD bus
barn and storage yard as well as potential modifications to the Komar/Costco site
parking lot to facilitate pedestrian traffic accessing the development via "A" Street.
Proposed off -site improvements to the DSUSD property also include construction of a
sound wall along the south property line of the project and improved circulation via a
signalized ingress and egress point. Proposed adjustments to the Komar/Costco
parking lot include clear markings for delineation of traffic flow and pedestrian access
to and from "A" Street. This may be done using additional landscaped curbs and a
well marked walkway leading east from the point where "A" Street terminates at the
Komar/Costco parking lot.
Drainage/Hydrology
The subject property generally slopes from north to south and has historically drained
to the Coachella Valley Water District (CVWD) evacuation channel, which is located
approximately 450 feet to the southwest of the property. Development of the project
site will likely necessitate some modifications or improvements outside of the
geographic boundary of the Project.
Two storm water drainage alternatives are proposed. The first alternative is the
possible extension of a storm water drainage improvement from the southeastern
corner of the site into the CVWD evacuation channel. The drainage pipeline would cut
through a portion of the Desert Sands Unified School District site that is currently used
as a retention basin. However, it is anticipated DSUSD could utilize an outfall for
drainage also, potentially allowing redevelopment of areas currently dedicated to storm
water retention. Drainage to the evacuation channel may be done via one or two
pipelines, depending upon the best engineering and design options for the Project and
the DSUSD property.
Construction of this improvement could allow storm water from the Project site, and
potentially the DSUSD property, to drain directly into the Evacuation Channel following
onsite treatment of the "first flush" flow as required by the National Pollutant
Discharge Elimination System ("NPDES") Permit.
2V
Alternatively, storm water may be retained and treated onsite through a series of best
management practices ("BMPs") which may include:
■ Dry wells
■ Detention/retention basins
■ Catch/debris basins
■ Other BMPs, as needed
• It should be noted that onsite treatment of first flush flows will be required
regardless of whether drainage directly to the Evacuation Channel is established.
A preliminary Water Quality Management Plan has been prepared for this
Project.
Residential Land Use
The residential portion of the site is intended to be developed with affordable rental
multi -family residences. Units may range from one to three bedrooms, and be up to
three stories in design. Ultimately, the site plan may feature any number of residential
buildings to best meet the needs of the community while making efficient use of the
available land. The actual design of the project will be reviewed for compliance with
the use and development standards of the Plan through the processing of a site
development permit development.
Residential development is proposed to include a residential environment that features
a community clubhouse, swimming pool and connected open space with pedestrian
walkways to encourage outdoor activities and safe pedestrian travel within the
community. Additional recreational amenities may include tot lots, benches, and
barbeques. The development should be predominately landscaped with regional native
plants, but may include limited designated turf areas for recreational use. Lighting
features are planned to be integrated into the entire site for safety and aesthetic
purposes.
Uses permitted in the residential portion of the site are as listed under High -Density
Residential (RH) District in Table 9-1 of LQMC Section 9.40.040.
Residential development standards are those applicable to the High -Density Residential
(RH) District contained in LQMC Chapter 9.50, the density bonuses for affordable
housing provisions contained in LQMC Section 9.60.270 and all other applicable
supplemental residential development standards as set forth in the LQMC, subject to
the following exceptions:
■ Dwelling unit count shall not exceed 200.
■ Residential buildings shall not exceed a maximum total of 235,000 square feet,
including community facilities consisting of a pool area and community center.
■ The minimum living area per residential unit shall be 700 square feet.
293
■ Minimum of 5 feet setback where residential is adjacent to non-residential and
does not abut a roadway.
■ The maximum fence height may be allowed to exceed the standard as set forth
in the LQMC where residential is adjacent to non-residential when recommended
by a noise attenuation study and approved by the Planning Director.
• The following minimum parking ratios, inclusive of handicapped and guest
parking, shall apply unless alternative parking standards are approved in
accordance with LQMC Chapter 9.150:
0 1.5 parking spaces/unit + .5 guest space/unit
0 1 space/employee for non-residential services and/or activities
• These standards may be adjusted by up to 10% through the Site Development
Permit approval process.
If the total number of spaces required results in a fractional number, it shall be rounded
up to the next whole number.
Commercial Land Use
To encourage a commercial automotive sales development in the northern portion of
the Plan area that is compatible with the surrounding uses along Highway 111. To
achieve this, development of the site is to be integrated into the existing commercial
environment by utilizing high quality design features, architecture, and landscaping that
meets or exceeds all applicable standards. To ensure compatibility between the
commercial and residential portions of the Plan, as well as with the intensity of the
surrounding properties, the total amount of allowable commercial building area is
capped at a maximum of 82,000 square feet. This development envelope is smaller
than the site's potential footprint based on its current zoning. While there is a limit to
the amount of floor area that can be built, in order to facilitate creativity and encourage
design flexibility, there is no limit to the number or configuration of buildings that may
be constructed, as long as all applicable regulations are adhered to.
To present a cohesive and attractive development, all buildings, parking areas, and
landscaping will be well integrated into the site and shall meet the City's applicable
Highway 1 1 1 Design Guidelines. Parking areas and buildings will have lighting features
appropriate for the design of the development while providing for public safety.
Fencing may be used to separate the commercial component from surrounding uses as
needed. Landscaping will feature native plants, and provide a pleasing visual character
on this well -traveled corridor.
Uses permitted in the commercial portion of the site are as listed under Regional
Commercial (CR) in Table 9-5 of LQMC Section 9.80.040 subject to the following
exceptions:
294
■ Sales and service of new motor vehicles at a branded dealership is a permitted
use.
■ Sales and service of branded pre -owned motor vehicles associated with an on -
site branded dealership is a permitted use (minor incidental sale of non -branded
pre -owned vehicles of similar class is permitted).
■ Sales and service of pre -owned motor vehicles not associated with an on -site
branded dealership is permitted subject to approval of a conditional use permit.
■ Static display of vehicles, associated with a permitted branded or non -branded
dealership, at grade within a front landscape setback so long as no signage,
banners, lights, balloons or other visible devices are used is permitted subject to
approval of a minor use permit. Vehicle display areas shall not be allowed
within the public right-of-way. Specific locations and conditions of use shall be
addressed through the site development permit and minor use permit approval
procedures.
Commercial development standards are those applicable to the Regional Commercial
(CR) District contained in LQMC Chapter 9.90, parking regulations in Chapter 9.150
and all other supplemental non-residential development standards as set forth in the
LQMC, subject to the following exception:
■ The total amount of . commercial building square footage shall not exceed
82,000 square feet gross floor area.
■ Vehicle display areas located within a front landscape setback shall be located
south of the public sidewalk and a minimum 5 foot landscape separation shall
be maintained between the sidewalk and the vehicle display area.
PUBLIC AGENCY REVIEW
The project location and description, Notice of Preparation, and Draft Environmental
Impact Report (Attachment 2) were transmitted to responsible public agencies and
parties of interest for review and comment. All written comments received are on file
with the Planning Department. Agency comments received have been made part of the
Conditions of Approval for this case, to the extent applicable.
HISTORIC PRESERVATION REVIEW
On January 29, 2009, the City's Historic Preservation Commission (HPC) reviewed
and accepted the property owner's Historical/Archeological Resources Report. The
report included a record search, historical background, and field reconnaissance of the
property. Although, no cultural resources or other objects more than 50 years of age
were identified during the field survey, the records search found a significant site
within close proximity of the project site that dates back to a time somewhere
4.1. 295
between 1,000 and 2,000+ years ago and noted that it is possible that subsurface
components of that site could extend into this project site.
The HPC accepted the report, subject to inclusion of the report's recommendations
which included monitoring of the project site during on- and off -site grubbing,
trenching and rough grading by qualified archaeological monitors, including a Native -
American monitor. The report's recommendations will be incorporated into the
conditions of approval for the future site development permit entitlements.
Additionally, it should be noted that the City has Certified Local Government status
through the Office of Historic Preservation, and its inventory and curation methodology
is accepted by the State.
SENATE BILL 18 (SB18) CONSULTATION REVIEW
The Specific Plan application requires that Tribal organizations be consulted with
regard to potential historic Native American sites. Eight Native American tribes, as
identified by the State NAHC dated November 17, 2008, were notified of the project
proposal; three tribes, the Torres Martinez Desert Cahuilla Indians, the Agua Caliente
Band of Cahuilla Indians, and the Cabazon Band of Mission Indians responded to the
notification. There were no comments that resulted in formal consultation; however
comments did include requests for typical checks of archeological and tribal records,
monitoring of all ground disturbing activities and proper review, preservation and
curation of disturbed cultural resources. As noted elsewhere in this report, these
comments were reviewed and addressed in the City's Historic Preservation
Commission's recommendation to the Planning Commission and City Council.
PLANNING COMMISSION REVIEW
The Planning Commission considered this request at their meeting of April 27, 2010
(Attachment 3). There were no comments from the public regarding this item. The
Planning Commission's discussion included questions and comments regarding access
from Dune Palms Road and the potential for pedestrian access from the residential
portion to the commercial portion in the event a retail use other than auto sales should
occur in the future.
Following the public hearing and subsequent discussion, the Planning Commission
unanimously recommended approval of Specific Plan 08-085 as recommended to the
City Council.
CALIFORNIA ENVIRONMENTAL QUALITY ACT REVIEW
A Draft Environmental Impact Report (DEIR) has been prepared, consistent with CEQA
requirements. The City of La Quinta (City) is the Lead Agency and has the authority for
preparation and certification of the DEIR. Certification of the DEIR is an action that will
w. 296
be considered by the City Council, while the Planning Commission is required to
consider the DEIR in making its recommendations.
The DEIR includes a detailed project description and a description of the environmental
setting. The DEIR addresses the topics of Aesthetics, Air Quality, Biological Resources,
Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology,
Land Use and Planning, Noise, Population and Housing, Public Services and Utilities,
Recreation, Transportation and Traffic, and Water Quality and Resources. Potentially
significant impacts were identified with respect to Air Quality, Biological Resources,
Cultural Resources, Hydrology, Noise, Public Services and Utilities, Transportation and
Traffic, and Water Quality and Resources. With the adoption of the mitigation
measures proposed in the DEIR, all project impacts can be reduced to less than
significant levels, with the exception of certain traffic impacts, which remain
significant, after mitigation measures are considered as noted below.
At certain locations, traffic conditions will operate at unacceptable levels of service
without the proposed project. This is the case for the following:
Intersections in 2011;
• Highway 111 /Washington Street
• Avenue 48/Washington Street
Roadway Segment in 201 1;
• Dune Palms Road between Westward Ho and Highway 111
Roadway Segments in 2016;
• Dune Palms Road
between Westward Ho and Highway 111
• Highway 111
between Washington Street and Adams Street
• Highway 111
between Adams Street and Dune Palms Road
• Highway 111
between Dune Palms Road and Depot Drive
• Highway 111
between Depot Drive and Jefferson Street
• Highway 111
between Jefferson Street and Madison Street
A number of traffic related mitigation measures are included in the DEIR to reduce
impacts associated with the proposed project. However, even with these mitigation
measures some impacts associated with the project cannot be mitigated to less than
significant levels. This will occur at project build out in 2016, when the following
intersections will operate at unacceptable levels of service:
• Highway 111 /Jefferson Street
• Avenue 48/Jefferson Street
The improvements needed to reduce the impacts at these two intersections to less
than significant levels require improvements within the corporate limits of the City of
297
Indio. The City of La Quinta cannot compel these improvements and as a result it
must be assumed the impacts will remain significant and unavoidable, although
mitigation measures are included in the DEIR in an effort to reduce the impacts. As
noted later in this report, correspondence was received from the City of Indio. The
correspondence identifies that improvements completed at the Highway 111 &
Jefferson Street intersection and recent policy change by the City of Indio may have
resulted in these two intersections no longer being identified as significant and
unavoidable at project build out. La Quinta staff is currently attempting to verify this
information and will provide the Commissioners with the most current information at
the meeting.
CEQA requires an alternatives analysis as part of the EIR process. Four alternatives
were identified for consideration in the DEIR: 1) No Project (required); 2) Less Intense
Mixed Use Alternative; 3) All Office Development Alternative; and 4) Retail and
Business Park Alternative. Analysis of each of these alternatives is detailed in Section
V of the DEIR. When considering all the alternatives, the Less Intense Mixed Use
Alternative is marginally environmentally superior to the proposed project. However,
all the alternatives will have similar impacts on the environment, and none of the
alternatives can reduce traffic impacts to less than significant levels. Additionally, the
reduction of the number of residential units from 200 to 144 in the Less Intense Mixed
Use Alternative is a substantial reduction in the project's ability to meet one of its
primary goals of providing affordable housing in accordance with the City's General
Plan and its Regional Housing Needs Assessment responsibilities.
In response to the distribution of the NOP and DEIR, letters of comment have been
received from the following:
• City of Indio
• South Coast Air Quality Management District
• SunLine Transit Agency
• Native American Commission
• Department of Toxic Substances Control
Copies of all correspondence received are included in the Final Environmental Impact
Report (Attachment 4). Many of the comments have been included as recommended
conditions of approval for the project and formal responses to all comments are
included in the FEIR, which has been prepared for review and consideration by the City
Council.
Responses to these comments have been prepared and are part of the Final
Environmental Impact Report.
296
CEQA Findings and Statement of Facts
The California Environmental Quality Act and particularly the CEQA Guidelines require
that:
"No public agency shall approve or carry out a project for which an EIR has been
certified which identifies one or more significant environmental effects on the project
unless the public agency makes one or more written findings for each of those
significant effects, accompanied by a brief explanation of the rationale for each finding.
The possible findings are:
1. Changes or alterations have been required in, or incorporated into, the Project
which avoid, or substantially lessen the significant environmental effect as
identified in the final EIR.
2. Such changes or alterations are within the responsibility and jurisdiction of
another public agency and not the agency making the finding. Such changes
have been adopted by such other agency or can and should be adopted by such
other agency.
3. Specific economic, legal, social, technological, or other considerations, including
provision of employment opportunities for highly trained workers, make
infeasible the mitigation measures or Project alternatives identified in the final
EIR."
In short, CEQA requires that the lead agency adopt mitigation measures or alternatives,
where feasible, to avoid or mitigate significant environmental impacts that would
otherwise occur with implementation of the Project. Project mitigation or alternatives
are not required, however, where they are infeasible or where the responsibility for
modifying the project lies with another agency.
For those significant effects that cannot be mitigated to a less -than -significant level,
the public agency is required to find that specific overriding economic, legal, social,
technological, or other benefits of the project outweigh the significant effects on the
environment. The Guidelines state in Section 15093 that: "If the specific economic,
social, technological, or other benefits of a propos[ed] project outweigh the
unavoidable adverse environmental effects, the adverse environmental effects may be
considered acceptable."
The required CEQA Findings and Statement of Facts for the Proposed Project are
incorporated into the City Council Resolution for the Final Environmental Impact Report
2008-582 as Exhibit "B."
Benefits of Implementing the Proposed Project and Statement of Overriding
Considerations
CEQA requires the City as Lead Agency, to balance the benefits of the proposed
Project against its unavoidable significant adverse impacts, and to determine whether
the Project related significant impacts can be acceptably overridden by the Project
benefits when the impacts and benefits are compared and balanced. The proposed
Project is anticipated to cause Project specific or contribute to cumulative unavoidable
significant adverse environmental impacts as described the EIR.
The required CEQA Statement of Overriding Considerations is incorporated into the
City Council Resolution for the Final Environmental Impact Report 2008-600 as Exhibit
"A." The benefits of the proposed Project resulting from the implementation of the
proposed Project, as detailed in Exhibit "A," outweigh the Project specific and
cumulative unavoidable adverse environmental effects.
The benefits from approving the proposed Project, as outlined below and in Exhibit
"A", can be considered by the City Council in performing the balancing test with those
unavoidable significant adverse environmental impacts previously described. The
following benefits can be found to outweigh and make acceptable the unavoidable
significant adverse impacts of the proposed Project as described in the Final EIR, this
document and other information in the record. Each benefit can constitute an
overriding consideration warranting approval of the Project, independent of other
benefits, despite each and every unavoidable impact.
Expansion of affordable housing opportunities — The proposed project will add up to
200 new affordable housing units to the City of La Quinta to serve very low-, low -
and/or possibly moderate income residents. This location will also provide future
residents ease of access to retail, services, employment opportunities and public
transit.
Enhancement of Highway 111 commercial corridor circulation — In addition to
providing access to the project development, the proposed construction of "A" Street
will also provide an alternate means of access between Dune Palms Road and retail
opportunities to the east, most notably the Komar/Costco center. This will in turn
reduce trip demand on Highway 1 1 1 between Dune Palms Road and Jefferson Street.
Expansion of automotive retail opportunities - Implementation of the Project will
enhance the automotive retail and service experience for costumers and clients, and
attract new automotive businesses to the City, which will promote investment and
create new employment opportunities within the City of La Quinta.
Enhancement of retail and service experience and expansion of employment
opportunities — The Project will enhance the quality of life in the City of La Quinta by
300
enhancing the automotive retail and service experience as well as promoting
investment and creating new employment opportunities in La Quinta associated with
retail and medical office businesses.
Sales tax revenue and fees - The Project would generate development that will
contribute to future sales tax revenues and Development Impact (DIF) Fees for the City
of La Quinta. The DIF Fees will contribute to implementation of the public
infrastructure improvements included in the City's Capital Improvement Program.
In conclusion, the benefits identified, collectively and individually, outweigh the
unavoidable, Project specific and cumulative significant unavoidable adverse impacts.
PUBLIC NOTICE
The proposed project was advertised in The Desert Sun newspaper on May 6, 2010.
All property owners within 500 feet from the subject property were mailed notice of
the public hearing on May 18, 2010. To date no comments have been received from
the public regarding this proposal. Any comments received prior to the meeting will be
presented to the City Council at the time of the hearing.
FINDINGS AND ALTERNATIVES:
The Findings, as noted in the attached Resolution, required by the Zoning and CEQA,
can be made, subject to the recommended Conditions of Approval.
The City has identified all of the adverse environmental impacts and feasible mitigation
measures which can reduce potential adverse environmental impact to insignificant
levels where feasible, or to the lowest achievable levels where significant adverse
unavoidable adverse environmental impacts remain. The findings have also analyzed
three alternatives to determine whether they are reasonable or feasible alternatives to
the proposed Project, or whether these alternatives might reduce or eliminate the
significant adverse impacts of the proposed Project.
The Final EIR presents evidence that implementing the proposed Project will contribute
to significant adverse impacts which cannot be substantially mitigated to an
insignificant level. All feasible alternatives and mitigation measures are recommended
for adoption or identified for implementation by the City and other agencies where
appropriate. The City finds that the Project's benefits are substantial as outlined, and
that these benefits justify overriding the unavoidable significant adverse impacts
associated with the proposed Project. The City further finds that the benefits, when
balanced against the unavoidable significant adverse impacts, outweigh these impacts
because of the environmental, social and economic benefits which accrue to the City.
The alternatives available to the City Council include:
1. Adopt a Resolution of the City Council certifying an Environmental Impact
Report (SCH#2008101109) including adoption of CEQA Findings and
Statement of Facts, and Statement of Overriding Considerations for
Environmental Assessment 2008-600; and
Adopt a Resolution of the City Council approving Specific Plan 2008-085,
subject to Conditions of Approval; or
2. Direct staff to prepare and bring back the necessary Resolutions and findings to
deny the proposed application; or
3. Provide staff with alternative direction.
Resp
Planning Director
Approved for submission by:
`Thomas P. Genovese, City Manager
Attachments: 1. Highway 111 and Dune Palms Road Specific Plan
2. Draft Environmental Impact Report
3. Draft Planning Commission Meeting Minutes - April 27, 2010
4. Final Environmental Impact Report
w..
3 ^?
RESOLUTION NO. 2010-
A RESOLUTION IN THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA CERTIFYING
ENVIRONMENTAL IMPACT REPORT 2008-600 (STATE
CLEARINGHOUSE #2008101109) PREPARED FOR
SPECIFIC PLAN 2008-085, ADOPTING CERTAIN
FINDINGS PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, ADOPTING A
STATEMENT OF OVERRIDING CONSIDERATIONS, AND
ADOPTING A MITIGATION MONITORING PLAN
CASE. NO.: ENVIRONMENTAL ASSESSMENT 2008-600
APPLICANT: CITY OF LA QUINTA REDEVELOPMENT AGENCY
WHEREAS, the City Council of the City of La Quinta, California, did on
the 18`h day of May, 2010 hold a duly noticed public hearing to consider the
request for approval of a Specific Plan to allow construction of a 22± acre multi -
phased mixed use project to be generally known as the Dune Palms Road &
Highway 111 Specific Plan (hereinafter "Specific Plan" or "Project"). The Specific
Plan establishes development standards and guidelines to allow the construction of
up to 200 apartment units for households of very low-, low- and/or moderate -
incomes and up to three automobile dealerships, as well as flood control facilities, a
public roadway and ancillary facilities. The Project site is located south of Highway
111 and east of Dune Palms Road, more particularly described as:
APN'S 600-020-004, 600-020-005, and 600-020-011; and
WHEREAS, it was determined pursuant to CEQA and the CEQA
Guidelines (14 Cal. Code of Regs. Sections 15000 et seq.) that the Project could
have a significant effect on the environment, and thus warranted the preparation of
an Environmental Impact Report ("EIR"); and
WHEREAS, on December 10, 2008, the City of La Quinta, as lead agency
under CEQA, prepared a Notice of Preparation ("NOP") of the EIR; mailed that NOP
to public agencies, organizations, and persons likely to be interested in the potential
impacts of the proposed Project; and
WHEREAS, the City thereafter caused to be prepared a Draft
Environmental Impact Report ("DEIR"), which, taking into account the comments it
received on the NOP, described the Project and discussed the anticipated
environmental impacts resulting therefrom, and on March 4, 2010, circulated the
DEIR for public and agency comments; and
3"
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Resolution No. 2010-
Environmental Assessment 2008-600
Dune Palms Road & Highway 111 Specific Plan
Adopted:
Page 2 of 34
WHEREAS, a DEIR has been prepared and circulated, pursuant to the
requirements of the California Environmental Quality Act of 1970 (hereinafter
"CEQA"), as amended (Public Resources Code ' 21000, et seq.); and
WHEREAS, the public comment period for the DEIR closed on April 19,
2010; and
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 27`h day of April, 2010 hold a duly noticed public hearing to consider the
request of the Applicants for approval of the Specific Plan and the Planning
Commission recommended approval thereof after fully considering the DEIR; and
WHEREAS, the City has reviewed the comments received on the DEIR,
has prepared full and complete responses thereto, and on May 6, 2010, distributed
the responses in accordance with Public Resources Code Section 21092.5; and
WHEREAS, the City Council has reviewed and considered the information
pertaining to the DEIR, including the comments on the DEIR and the responses to
those comments at a duly noticed hearing held on May 18, 2010; and
WHEREAS, it is the policy of the State of California and the City of La
Quinta, in accordance with the provisions of CEQA, that the City shall not approve
a project unless there is no feasible way to lessen or avoid significant adverse
environmental impacts, which means that all adverse environmental impacts have
been avoided to the extent feasible or substantially lessened, and any remaining
unavoidable significant adverse environmental impacts are acceptable based upon
the City's findings and determinations consistent with CEQA; and
WHEREAS, the City Council of the City of La Quinta has read and
considered all documentation comprising the Final EIR, and has found that the FEIR
considers all potentially significant adverse environmental impacts which may be
caused by the proposed project, and determined it is complete and adequate, that it
fully complies with all requirements of CEQA, and reflects the City Council's
independent judgment; and
WHEREAS, prior to action on the Project and the Entitlement Approvals,
the City Council considered all significant adverse environmental impacts,
mitigation measures and proposed project alternatives identified in the FEIR, and
has found that all potentially significant adverse environmental impacts which may
be caused by the Project and implementation of the Entitlement Approvals have
1ao.. 3) 4
Resolution No. 2010-
Environmental Assessment 2008-600
Dune Palms Road & Highway 111 Specific Plan
Adopted:
Page 3 of 34
been lessened or avoided to the extent feasible and the City Council has
determined that the proposed alternatives to the Project do not: 1) meet the City's
and/or Applicant's objectives for the Project Site; and/or 2) are not feasible; and/or
3) are not environmentally superior; and
WHEREAS, CEQA provides that no public agency shall approve or carry
out a project for which a FEIR has been completed and which identifies one or
more significant adverse environmental impacts of the proposed project unless the
public agency makes written factual findings for each of the potentially significant
adverse environmental impacts identified in the DEIR; and
WHEREAS, CEQA Guideline Section 15093(b) recognizes that the
La Quinta City Council may proceed to approve the Project and the Entitlement
Approvals, despite the fact that certain potentially significant adverse
environmental impacts are identified in the FOR which are not mitigated to a level
of insignificance, where the City has stated in writing the reasons to support its
action based upon the DEIR and other information in the public record; and
WHEREAS, the City Council has determined that the Project is necessary
to serve the existing and future needs of the City of La Quinta.
NOW, THEREFORE, the City Council of the City of La Quinta resolves as
follows:
SECTION 1. Certification. Based on its review and consideration of the
FOR as presented, the City Council certifies the EIR for the Project and that the
FEIR has been prepared in compliance with CEQA and the State and local CEQA
Guidelines. The City Council adoption and certification of the FEIR reflects the City
Council's independent judgment and analysis. The City Council further certifies
that the FEIR was presented to the City Council and that the City Council reviewed
and considered the information contained in it prior to recommending approval of
the Project.
SECTION 2. CEQA Findings and Statement of Facts. The above recitals
are true and correct and constitute findings of the City Council. In addition,
pursuant to CEQA Guidelines section 15091, the City Council of the City of
La Quinta, California has reviewed and adopts the CEQA Findings and Statement of
Facts as contained in Exhibit A, entitled "CEQA Findings and Statement of Facts",
which is incorporated herein by this reference as though fully set forth.
Resolution No. 2010-
Environmental Assessment 2008-600
Dune Palms Road & Highway 111 Specific Plan
Adopted:
Page 4 of 34
SECTION 3. Statement of Overriding Considerations. Pursuant to CEQA
Guidelines Section 15093, the City Council of the City of La Quinta, California, in
addition to the findings made in the body of the FEIR, has reviewed and finds that
the Statement of Overriding Considerations contained in Exhibit B, entitled
"Statement of Overriding Considerations", is necessary, and the City Council
adopts and incorporates herein by this reference as though fully set forth.
SECTION 4. Mitigation Monitoring Program Approval. Pursuant to Public
Resources Code Section 21081.6, the Mitigation Monitoring and Reporting Program
for the Project is hereby adopted as Exhibit C.
SECTION 5. Location and Custodian of Record of Proceedings. The
custodian of the records and proceedings shall be the Planning Director, and such
records and proceedings shall be on file in the Planning Department in the City of
La Quinta, California, located at 78-495 Calle Tampico, La Quinta, CA 92253.
SECTION 6. Notice of Determination and Completion. The City Council
requires that the Director of the Planning Department file a Notice of Determination
with the County Clerk of the County of Riverside and with the State Office of
Planning and Research within five working days of City Council approval.
SECTION 7. Certification, Posting and Filing. This Resolution shall take
effect immediately upon its adoption by the City Council of the City of La Quinta,
California, and the City Clerk shall certify to the vote adopting this Resolution and
shall cause a certified copy of this Resolution to be filed. The City Clerk shall post
the resolution in three conspicuous places in the City of La Quinta.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council, held on this 181h day of May, 2010, by the following vote, to wit:
W41*5
NOES:
ABSENT:
ABSTAIN:
Resolution No. 2010-
Environmental Assessment 2008-600
Dune Palms Road & Highway 111 Specific Plan
Adopted:
Page 5 of 34
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
Don Adolph, Mayor
City of La Quinta, California
IM. 3 J 7
Resolution No. 2010-
Environmental Assessment 2008-600
Dune Palms Road & Highway 111 Specific Plan
Adopted:
Page 6 of 34
EXHIBIT "A"
CEQA FINDINGS AND STATEMENT OF FACTS
A. INTRODUCTION
Project Description, Location, and Objectives
Project Description
Build out of the Specific Plan would result in the construction of up to 200 high
density residential apartment units affordable to very low, low and moderate
income households, on the southern half of the project site, and approximately 10
acres of auto -related commercial retail development, on the northern half of the
project site.
The Specific Plan proposes approximately 10 acres of residential development for
affordable housing on the southern half of the site. Construction of up to 200 units
is proposed in a combination of one, two, and three story buildings. Buildings will
contain a mix of affordable housing types, ranging from one to three bedroom
units, to serve a variety of residents from single occupants to families.
The Project also includes the construction of a new public roadway, "A" Street that
will extend east -west from Dune Palms through the site. "A" Street will be
classified as a Local Roadway, and will result in a signalized intersection at the
southwestern corner of the project site and Dune Palms Road. Construction of "A"
Street will result in a reconfiguration of the access driveway to the Desert Sands
Unified School District service facility, including the bus yard, located immediately
south of the project boundary. Along the southern edge of the mini -storage facility
to the north of "A" Street, a narrow area south of the existing structure may be
acquired for the roadway.
The project also includes the possible extension of a storm water drain from the
southeastern corner of the site to an outfall structure to be built in the La Quinta
Evacuation Channel.
Access to the property will be provided at five locations. The primary access to the
commercial component of the project will be on Highway 111. A main entry at the
center of the property, approximately 600 feet east of Dune Palms Road, will allow
right -in -right -out turning movements. In addition, a secondary access is proposed at
the northeastern corner of the site, also allowing right -in -right -out access. A gated
access from the commercial portion of the property, through an easement on
existing, developed parcels to the west, and connecting to Dune Palms Road
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Resolution No. 2010-
Environmental Assessment 2008-600
Dune Palms Road & Highway 111 Specific Plan
Adopted:
Page 7 of 34
approximately 625 feet south of Highway 111, will provide supplemental access
for emergency and service vehicles. The access to the DSUSD property will be
modified to allow access through the new local street.
The primary access to the multi -family residential component of the project will be
from "A" Street. This public roadway is planned to connect to Dune Palms Road
opposite and east of the existing Sam's Club driveway, and will connect to the
existing Costco development, through minor modifications to the Costco
driveways, at a point located on the eastern boundary of the site, approximately
700 feet south of Highway 1 1 1.
The project will also include on -and off -site roadway improvements to Dune Palms
Road and Highway 111.
Project Location
The project site is approximately 22 acres in size, is generally rectangular in shape,
and is located in the City of La Quinta, south of Highway 111, approximately 300
feet east of Dune Palms Road. At the southern end of the project boundary, there
is a narrow horizontal extension of the project site that connects to Dune Palms
Road, which will be developed as a public roadway. The site is bounded on the
north by Highway 111; on the south by the Desert Sands Unified School District
administration and service facilities, including the school bus yard; on the east by
existing commercial development (the Komar/Costco Center); and on the west by a
gasoline station, a mini -storage facility, and Dune Palms Road.
The project site occupies assessor parcel numbers (APN) 600-020-038 and 600-
020-039, which were previously developed as a mobile home park (remnants of
the park, primarily consisting of foundations, still occur), and are owned by the La
Quinta Redevelopment Agency; the roadway extension parcel is identified as
assessor's parcel number 600-020-012.
As proposed, the project site includes approximately 0.25 acres for an easement
for a storm drain connection to the La Quinta Evacuation Channel on a portion of
the adjacent 26± acre Desert Sands Unified School District property (APN 600-
020-001).
The reconstruction of the access driveway to the Desert Sands Unified School
District bus yard, located on the south boundary of the project area is also planned,
as is the acquisition of a small portion (7,000 square feet) of the adjacent mini -
storage lot (Assessor's Parcel Number 600-020-01 1) which now contains a small
retention basin.
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Resolution No. 2010-
Environmental Assessment 2008-600
Dune Palms Road & Highway 111 Specific Plan
Adopted:
Page 8 of 34
Project Objectives
The primary goal of the proposed project is to expand the availability of affordable
housing in the City, while providing residents with convenient access to services,
jobs, shopping, and transportation. In addition, the City wishes to expand its retail
commercial opportunities along the Highway 111 corridor. The project objectives
are as follows:
1. To provide affordable housing for all City residents.
2. To provide very low, low or moderate income housing in close proximity to
shopping, job opportunities, schools and public transportation, consistent
with the City's General Plan Housing Element, and the City's Regional
Housing Needs Assessment for the 2006-2014 planning period.
3. To encourage the development of energy efficient, "green" housing which
reduces the residents' expenses for energy costs and the project's
environmental impacts both during and after construction.
4. To develop high quality commercial development on the City's primary
commercial corridor.
5. To expand the City's economic base by adding to the already successful
regional commercial development located on Highway 1 1 1.
CEQA Requirements
The Dune Palms Road & Highway 111 Specific Plan constitutes a "project" under
the California Environmental Quality Act of 1970 (CEQA), as amended, and the
State Guidelines for the implementation of CEQA, as amended. Therefore, the City
has prepared an Environmental Impact Report (EIR) that identifies certain
unavoidable significant effects which may occur as a result of the project, or which
may occur on a cumulative basis in conjunction with the project and other past,
present, and reasonably foreseeable future projects.
CEQA and the State Guidelines require that no public agency approve or carry out a
project for which an EIR has been certified and which identifies one or more
significant environmental effects of the project unless the public agency makes one
or more written findings for each of the significant effects, accompanied by an
explanation of the rationale supporting each finding. The possible findings include
the following:
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Resolution No. 2010-
Environmental Assessment 2008-600
Dune Palms Road & Highway 111 Specific Plan
Adopted:
Page 9 of 34
1. Changes or alterations have been required in, or incorporated into, the
project which avoid or substantially lessen the significant
environmental effects as identified in the EIR.
2. Such changes or alterations are within the responsibility and
jurisdiction of another public agency and not the agency making the
finding. Such changes have been adopted by such other agency or can
and should be adopted by such other agency.
3. Specific economic, legal, social, technological, or other considerations,
including provision of employment opportunity for highly trained
workers, make infeasible the mitigation measures or project
alternatives identified in the EIR.
The City has determined that the EIR is complete and has been prepared in
accordance with CEQA and the CEQA Guidelines. Therefore, the City of La Quinta
proposes to approve the Specific Plan, and the findings set forth herein.
B. EFFECTS DETERMINED TO HAVE NO IMPACT
The CEQA Guidelines Environmental Checklist Form was used to prepare the Initial
Study, which was reviewed by the City of La Quinta to assure that all required
environmental issues would be addressed in the EIR. It was determined that the
proposed project would have no impact on agricultural resources and mineral
resources. The following environmental areas of concern will also result in no
impacts:
1. Scenic resources;
2. Historical resources as defined in Section 150645.5;
3. Paleontological resources;
4. Exposure of people or structures to risk of loss, injury or death from the
rupture of a known earthquake fault, as delineated on the most recent
Alquist-Priolo Earthquake Fault Zoning Map, or from a landslide;
5. Expansive soils or soils that are incapable of supporting the use of a
septic tank;
6. Location on a listed hazardous materials site;
7. Safety hazard for people residing or, working in the project area, in the
vicinity of an airport or a private airstrip;
8. Risk of loss, injury or death from wild land fires;
9. Placing housing or structures within a 100-year flood zone;
10. Physically dividing a community;
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11. Conflicting with an applicable habitat conservation plan or natural
community conservation plan;
12. Exposure to excessive ground borne vibration or ground borne noise
levels;
13. Exposure to excessive noise levels within 2 miles of an airport;
14. Displacement of a substantial number of people or existing housing,
necessitating the construction of replacement housing elsewhere;
15. Changes in air traffic patterns;
16. Inadequate parking capacity.
C. EFFECTS DETERMINED TO BE LESS THAN SIGNIFICANT
Aesthetic Resources
Development within the Specific Plan area will result in changes to the existing
visual character of the project area. The Specific Plan provides for development of
commercial buildings up to 50 feet in height and residential buildings up to 40 feet
in height, as well as additional sources of light and glare from building lighting,
night-time operations and vehicle headlights.
In accordance with the General Plan, the commercial component of the project will
not exceed the height restriction within a Primary Image Corridor. Implementation
of the design standards and guidelines are expected to reduce impacts to less than
significant levels.
The Specific Plan assures that the aesthetic continuity of landscaped parkways
along Highway 111 will be maintained, as set forth in the City's Highway 111
Design Guidelines. Project standards for landscaping and planting materials that
utilize native and appropriate non-invasive, non-native planting materials are
consistent with the policies of the La Quinta General Plan. Landscaping designs and
materials will be used to establish and enhance visual order to streetscapes,
parking areas, building perimeters and common open space areas. Plantings will be
desert drought tolerant and compatible with existing vegetation.
The Specific Plan's architectural design guidelines regulate elements such as
building siting, building architecture, building height, colors and materials, and
lighting. The Specific Plan proposes building heights and site design to
complement and be compatible with existing surrounding neighborhoods.
Project lighting is expected to include provisions for adequately illuminated parking
lots and other areas of the project where safety and defensible space is an issue,
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also including loading and storage areas, entries and major intra-project
intersections. Standard design features will be used to mitigate potential impacts
to acceptable levels, such as shielding and directing all outdoor lighting downward
to preserve the night sky, by maximizing the use of quality building designs,
minimizing the use of reflective surfaces, curved roads and driveways, combined
with landscaping and decorative walls.
Air Quality
Implementation of the Specific Plan will result in the direct and indirect generation
and emission of air pollutants both locally and regionally. Emissions will be
generated during grading, construction and operation of the project. As with most
projects, a majority of the air quality pollutants are expected to come from
vehicular traffic emissions associated with residents, deliveries, employees, and
customers accessing the site. Air emissions will also result from the generation of
natural gas, and from stationary sources.
Site grading and stabilization is regulated in the South Coast Air Quality Basin, and
requires the approval of detailed grading and dust control plans prior to any site
disturbance. The analysis contained in the EIR demonstrated that emissions
associated with grubbing, grading and other site disturbance are expected to be
less than significant, since none of the established SCAQMD thresholds for criteria
pollutants will be exceeded.
Emission projections for the construction of both phases of the Specific Plan
included the operation of construction equipment for building construction and off
gassing from the application of architectural coatings. No criteria pollutant
thresholds are expected to be exceeded during construction activities, and impacts
to air quality are expected to be less than significant.
At build out, the project will generate emissions from daily operations including
natural gas demands, use of consumer products, landscaping, and architectural
coatings (collectively referred to as Area Source Emissions). Operational emissions
from area sources and moving sources have been demonstrated to be well below
the daily threshold for all criteria pollutants. Therefore, operation of the proposed
Specific Plan is expected to have a less than significant impact on air quality.
Biological Resources
The disturbed nature of the site results in limited potential for the occurrence of
large numbers of common or sensitive species. Following construction of the
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project, a small number of native wildlife species may make use of the habitat
provided by project landscaping. The project site is located in the mitigation fee
area for the Coachella Valley Multiple Species Habitat Conservation Plan
(CVMSHCP). In accordance with the CVMSHCP, the City is required to implement
a Local Development Mitigation Fee (LDMF) of $5,730 per acre on new
development within the CVMSHCP planning area. The fee will compensate for
potential impacts to sensitive species and will be used for the purchase and
management of preserve lands, and reduces impacts associated with habitat
conservation plans to less than significant levels.
Cultural Resources
The project site is not known to have been the location of a cemetery or burial
ground. California law requires that contractors immediately notify law enforcement
officials should human remains be identified when grading occurs on the project
site. The County coroner is required to determine if remains could be of Native
American origin, and contact Tribal officials if necessary. These requirements
assure that impacts to human remains will be less than significant.
Geology and Soils
Buildings and structures onsite have the potential to be impacted by seismic
activity. Damage to buildings is either structural, affecting the building's support
such as frames, walls, and columns, or nonstructural, such as broken windows,
warped chimneys, and collapsed ceilings. The Federal Emergency Management
Agency (FEMA) defines a hazardous building as "any inadequately earthquake
resistant building, located in a seismically active area that presents a potential for
life loss or serious injury when a damaging earthquake occurs." In order to reduce
impacts from such an event to the greatest extent practicable, development on -site
will be required to comply with all applicable Building Code requirements. With
implementation of these standards, impacts from seismic activity will be reduced to
less than significant levels.
The site is located in an area identified as having a moderate liquefaction potential,
due to the presence of young sediments. Groundwater in Township 5 South,
Range 7 East, Section 29, which is where the site is located, was estimated to be
148.84 feet below surface level in 2004, as determined by CVWD. Liquefaction
occurs when there is shallow groundwater, typically less than 50 feet below the
ground surface. Impacts associated with liquefaction are therefore not expected to
occur on the site, due to the depth to the groundwater, which exceeds 50 feet.
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Therefore, the potential for impacts associated with liquefaction is less than
significant.
The project site is considered to be potentially vulnerable to seismically induced
settlement, due the soil type and proximity to fault systems, which may result in
strong to severe ground shaking. Site preparation and grading activities will utilize
compaction techniques to reduce the potential for ground subsidence to occur.
With implementation of conditions of approval set forth below, impacts from
ground subsidence are expected to be less than significant for the proposed
project.
The project site is located in a very severe wind erosion hazard area and is
therefore potentially susceptible to wind related impacts. The City of La Quinta
and the Coachella Valley have developed several methods to reduce adverse
impacts associated with high winds, namely requirements for fugitive dust controls.
These standard requirements include site watering, stabilization, and other
measures to reduce the potential for blowsand during construction and site
disturbance. The site will also be subject to soil erosion from storm water during
the construction phases of the project. The City will require flood protection
measures as part of the grading permit process, in conformance with the
requirements of the National Pollution Discharge Elimination System (NPDES). With
implementation of these requirements, impacts associated with soil erosion will be
less than significant.
Hazardous and Toxic Materials
The project site has frontage along Highway 111, a regional roadway that may be
used to transport hazardous materials or wastes. Therefore, there is a potential for
spills and leaks from moving sources that transport hazardous and toxic material
and waste to occur in the project vicinity. A hazardous materials spill in the City of
La Quinta, including in proximity to the project site would be cleaned up by the
Riverside County Fire Department, using well established standards for such
remediation, which will assure that impacts are less than significant.
No National Priority Sites exist within one mile of the project site. Previous
agricultural activities on the site have not resulted in significant amounts of
chemicals or fertilizer residue, as determined by on -site investigations conducted on
the site.
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Hydrology and Water Resources
Hydrology
As proposed, the on -site flood control improvements include two
retention/detention design systems (Alternative 1 and 2) that will eliminate the
potential for on -site flooding from a 500-year storm event and assure that offsite
discharges are within the standards established by the City. Final design of the
flood control facilities may include on site above ground retention, below ground
retention, discharge into the La Quinta Evacuation Channel, or a combination of all
three. A final determination will be made as final site and building plans are
prepared. As the hydrology study demonstrates, the project can meet requirements
to contain flows as prescribed by the City and the NPDES, regardless of the
combination of methods used to retain and convey storm flows. During
construction, surface runoff will be temporarily directed via graded swales to
retention basins.
All onsite storm drainage and hydrologic improvements are designed to conform to
the City's master hydrology and storm drain improvement program. Therefore,
impacts to drainage patterns and flood control as a result of site development will
be less than significant.
All onsite development will connect to the existing sewage system, which will
eliminate the potential risk of groundwater contamination associated with the use
of septic tanks and seepage pits.
Water Resources
The project will consist of auto -related commercial land uses and high density
residential units. Neither of these uses are expected to impact groundwater quality
since all onsite development will connect to the existing sanitary sewer system
maintained and operated by the CVWD. The District is required to maintain strict
water quality standards for all facilities. Discharges into the system by onsite users
are expected to be standard domestic wastes, and will not include any industrial
discharges.
Onsite runoff will be captured and treated in a manner consistent with BMP's. For
the auto dealership two infiltration BMP structures with a combined 0.25 acre-foot
capacity will be constructed. The residential portion of the site will manage runoff
via a 0.15 acre-foot BMP structure. The existing mini -storage facility currently
contains a 0.11 acre-foot BMP structure which is adequate to handle runoff flows
from that site. A 0.54 acre-foot capacity infiltration BMP is proposed for the
Desert Sands Unified School District facility in order to capture runoff from that
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site. The DSUSD adheres to pollution prevention procedures, including a system of
filters, oil separator, and cleanup protocol to prevent water quality impacts from
operation of the bus yard. BMP improvements include infiltration structures and
water quality inlets, which are effective in removing pollutants from onsite runoff.
In addition to project design features that minimize runoff, these BMP
improvements will limit project related impacts to water quality to less than
significant levels.
Land Use and Planni
Development of the residential portion of the project will not adversely impact any
existing land use in the project vicinity. The proposed maximum height of any
building within the Specific Plan project is 40 feet for residential buildings and 50
feet for commercial buildings. In consideration of the limited heights of the
proposed buildings and the distance that separates the new residential development
from the adjacent arterials, impacts on neighboring properties are expected to be
less than significant.
Development of the residential portion of the project will have a less than
significant impact on surrounding land uses. The residential component has been
designed to have all activity areas in its center, and will consist primarily of the rear
of structures, and parking areas on its perimeter. The project design, therefore,
will limit the potential for incompatible activities between the surrounding existing
commercial and the proposed residential component.
The project provides a buffer for less intense land uses to the south, including the
school district facilities, by providing a transitional, less intense land use which
steps down land use intensity from the retail commercial to be located on Highway
111.
The auto -related commercial uses proposed for the northern half of the site are
consistent with the existing General Plan and Zoning designations and existing uses
currently present along Highway 111. The commercial portion of the project is not
expected to adversely impact existing development in the project vicinity, since it
diversifies retail opportunities and complements surrounding commercial uses.
Clear pedestrian connections are proposed on the east and south boundaries of the
commercial component of the project, to allow residents of the residential
component to travel by foot or bicycle outside the vehicular travel lanes. These
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and other design standards and requirements in the Specific Plan will assure that
the off -site impacts associated with the residential component will be less than
significant.
Noise
Noise levels anticipated during the opening year of the proposed project are not
expected to exceed 0.1 dBA at any of the locations studied in the EIR. In fact,
project improvements are projected to result in decreased noise levels along
segments of Dune Palms Road and Highway 111. Therefore, based upon
established criteria, project related traffic noise impacts in the opening year are
expected to be less than significant.
At project build out, traffic noise will increase by less than 0.3 dBA CNEL. This
increase is well below the threshold of 3 dBA, and it is therefore expected that
impacts associated with increased traffic noise as a result of the proposed project
will be less than significant.
Population and Housing
The Department of Finance estimates that there are 21,351 housing units, and a
population of 43,778 in the City as of January 1, 2009. The General Plan provides
for an additional 39,109 housing units. The proposed project includes up to 200
housing units. At build out of the 200 units proposed for the project site, the
project will generate 0.003% of the potential housing units anticipated at General
Plan build out.
Implementation of the proposed project will generate jobs during construction and
long-term operation of the project. Construction and construction -related jobs will
vary based on the types of construction occurring at any time and will occur over
several years as the project is developed in phases. Over the life of the project, the
82,000 square feet of auto -related sales and service development within the
Specific Plan may be expected to employ workers and professionals with a broad
spectrum of skills, experience levels and educational backgrounds. The proposed
project's job generation has the potential to result in 50 new households. SCAG
projects that at least 17,839 households will occur in the City of La Quinta by
2015. The proposed project will therefore not exceed the growth anticipated for
the City in the next seven years.
Lands adjacent to the project site are fully developed, although the project site
itself is undeveloped and will require water, sanitary sewer and storm drain
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systems. These services will be provided by extensions from the City's existing
infrastructure framework, which currently surrounds the project site. The proposed
project will not therefore, induce growth by extending services to an isolated area
which would not be otherwise serviced by water, sewer or other utilities.
Public Services and Facilities
Police and Fire Service Impacts
The proposed project has the potential to require additional services from the police
department, which may include personnel, equipment, and the expansion of
facilities. Currently, the City contracts with Riverside County for the full-time
equivalent of 50.75 sworn officers and five non -sworn community service officers.
Police protection onsite will assure that the project contains defensible space and
provides security to the proposed auto -related retail dealerships. The project will
generate vehicle sales tax, which will offset the costs associated with additional
personnel.
At build out and full occupancy, the proposed project has the potential to generate
an increase in the City's population. This increase is not expected to significantly
impact the fire department's ability to provide services to the City of La Quinta or
the project site. The project will be required to pay the City's Development Impact
Fee, which includes a component for the provision of additional fire stations and
equipment, based on increased demand. The project will also generate vehicle
sales tax for the City, which will offset the cost of additional contract personnel as
the project is implemented.
Impacts to police and fire protection services are expected to be less than
significant.
Sanitary Sewer
The proposed project will generate wastewater and result in additional demand to
existing wastewater collection and treatment facilities. The increase in demand for
wastewater collection and treatment services for the proposed project is not
expected to be significant. Additional capacity is available at CVWD's wastewater
treatment facility to serve the site. Sewer system connection fees and associated
facility fees shall be collected which will finance wastewater reclamation plant
expansions as needed, and reduce potential impacts to less than significant levels.
Schools
The proposed project is expected to result in an increase of 25 elementary
students, 10 middle schools students, and 11 high school students. All
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construction proposed on the project site will be required to pay the school impact
fees in place at the time of construction. These fees are designed to offset the
costs of providing additional facilities. Student generation impacts to DSUSD
schools as a result of the project are expected to be less than significant.
Libraries
The proposed project will generate a demand for an additional 285 square feet of
library space and 1,140 new volumes. The developers of the project will be
required to pay Development Impact Fees, which include a fee for library services,
to offset the demand created by new development. Impacts to library facilities are
expected to be less than significant.
Domestic Water
Projected water demand for the proposed project is estimated at 69.87 acre feet
per year. Water used for landscaping and other exterior uses will be limited to the
greatest extent practicable through the use of xeriscape landscaping, and the use
of a native drought tolerant plant palette. Indoor water usage and consumption will
also be reduced to the greatest extent practicable through the use of low flush
toilets, water efficient appliances and faucets, and other water conserving
technologies. Although development of the project will put an increased demand
on the water supply, impacts are expected to be less than significant.
Electricity and Natural Gas
Development of the proposed project is estimated to result in the consumption of
1,524,400 kilowatt-hours per year for the residential component and 1,418,600
kilowatt-hours per year for the commercial component for a total of 2,943,000
kilowatt-hours per year or 8,063 kilowatt-hours per day. Existing Imperial Irrigation
District OID) facilities including power generation, transmission, substation, and
distribution mains are sufficient to serve the project site without the need for
improvements. Impacts associated with electricity are expected to be less than
significant.
Development of the proposed project is estimated to result in the consumption of
1,040,100 cubic feet of natural gas per month or 12,481,200 cubic feet per year.
Implementation of the proposed project is not expected to significantly impact
natural gas supplies or the ability of The Gas Company to provide services to
existing or planned future costumers.
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Recreational Resources
The proposed project will result in an increase to the City's population of
approximately 570 people. In addition, the project's auto -related sales and service
development could generate about 100± jobs. Based on the requirements of the
Quimby Act, the project will be required to pay park in -lieu fees equivalent to three
acres to offset its impacts to City parks. The proposed project is, however,
designed to offer its residents a recreational core, extending through the center of
the site. The open space core will be designed as the primary recreational area and
may include pedestrian walkways, passive recreation areas, shade structures,
outdoor seating (i.e. benches) and a community garden. The on -site facilities will
offset the project's Quimby requirement, and the balance of the need will be
required as a fee payment, thereby reducing impacts to less than significant levels.
Transportation and Traffic
The EIR considered local and regional traffic impacts to the following intersections:
• Washington Street at Miles Avenue
• Washington Street at Highway 111
• Washington Street at Avenue 48
• Adams Street at Highway 111
• Dune Palms Road at Westward Ho
Road
• Dune Palms Road at Highway 111
• Dune Palms Road at Avenue 48
• Highway 111 at Depot/Costco Drive
• Highway 111 at Jefferson Street
• Highway 111 at Madison Street
• Jefferson Street at Avenue 48
All intersections in project vicinity, except for three intersections, are projected to
operate at acceptable levels of service, with and without the proposed project in
2011.
All roadway segments in the project vicinity, except for that segment of Dune Palms
Road between Westward Ho and Highway 111, are projected to operate at acceptable
levels of service, with and without the proposed project. In 2011 the Dune Palms
roadway segment between Westward Ho and Highway 111 will operate at an
unacceptable level of service F without the project. However, per La Quinta
Engineering Bulletin #06-13, project -specific impacts for this roadway segment are
considered to be less than significant since the increase in the volume to capacity ratio
is less than 0.02. Impacts at these intersections and roadway segments are therefore
expected to be less than significant.
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In 2016, the proposed project's build out will have less than significant impacts on all
intersections analyzed, with the exception of the Jefferson Street and Avenue 48
intersection. Further, in 2016, all roadway segments except along Highway 111 will
operate at acceptable levels, with improvements and payment of fees by the City for
its share of these improvements.
With contribution of the project's fair share allocation, which will facilitate
implementation of the improvements required, and construction of these
improvements, potentially significant project specific and cumulative impacts to
project area intersections will be reduced to less than significant levels.
D. EFFECTS MITIGATABLE TO A LEVEL OF INSIGNFICANCE
Greenhouse Gas Impacts
Implementation of the Specific Plan has the potential to result in emission of
greenhouse gases due to short term construction activities, use of electricity and
natural gas to power onsite facilities, onsite water consumption, disposal and
decomposition of solid waste, and use of motor vehicles associated with onsite land
uses. The build out of the proposed project would result in greenhouse gas emissions
of 8,721.14 metric tons of Carbon Dioxide Equivalence. With the implementation of
mitigation measures, GHGs would be reduced at the project site by 2,525.02 metric
tons annually, or 28.95%, to 6,196.12 metric tons. This reduction exceeds the
ARB's determination that to satisfy the requirements of AB 32, all activities in the
State must reduce GHG emissions by 28.3% from "business as usual" practices by
2020. Since the proposed project will reduce emissions by 28.95%, it can be
determined that with the implementation of these mitigation measures, the proposed
project will have a less than significant impact on greenhouse gas emissions.
Findings:
1. Changes, alterations, and other measures have been made in or incorporated
into the project which will mitigate these impacts to less than significant levels,
including:
a. During project construction, on -site off -road construction equipment shall
utilize biodiesel fuel (a minimum of B20), except for equipment where use of
biodiesel fuel would void the equipment warranty. The applicant shall
provide documentation to the City that verifies that certain pieces of
equipment are exempt, a supply of biodiesel has been secured, and that the
construction contractor is aware that the use of biodiesel is required. As a
conservative measure, no reduction in GHG emissions was taken for the
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implementation of this measure as it is unknown if biodiesel can be readily
applied to the various pieces of construction equipment that will be
necessary for the project.
b. In order to reduce Project -related air pollutant and greenhouse gas (GHG)
emissions, and promote sustainability through conservation of energy and
other natural resources, building and site plan designs shall ensure that the
Project energy efficiencies surpass applicable 2008 California Title 24 Energy
Efficiency Standards by a minimum of 20 percent. Verification of increased
energy efficiencies shall be shall be documented in Title 24 Compliance
Reports provided by the Applicant, and reviewed and approved by the City
prior to the issuance of the first building permit. Any combination of the
following design features may be used to fulfill this mitigation measure
provided that the total increase in efficiency meets or exceeds 20 percent
beyond 2008 Title 24 standards:
• Buildings shall exceed California Title 24 Energy Efficiency performance
standards for water heating and space heating and cooling, as deemed
acceptable by the City of La Quinta.
• Increase in insulation such that heat transfer and thermal bridging is
minimized.
• Limit air leakage through the structure or within the heating and cooling
distribution system to minimize energy consumption.
• Incorporate dual -paned or other energy efficient windows.
• Incorporate energy efficient space heating and cooling equipment.
• Incorporate the use of tankless water heaters in all residential units and
community buildings.
• Promote building design that will incorporate solar control in an effort to
minimize direct sunlight upon windows. A combination of design features
including roof eaves, recessed windows, "eyebrow" shades and shade
tress shall be considered.
• Interior and exterior energy efficient lighting which exceeds the California
Title 24 Energy Efficiency performance standards shall be installed, as
deemed acceptable by City of La Quinta. Automatic devices to turn off
lights when they are not needed shall be implemented.
• To the extent that they are compatible with landscaping guidelines
established by the City of La Quinta, shade producing trees, particularly
those that shade paved surfaces such as streets and parking lots and
buildings shall be planted at the Project site.
• Paint and surface color palette for the Project shall emphasize light and
off-white colors which will reflect heat away from the buildings.
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• All buildings shall be designed to accommodate renewable energy
sources, such as photovoltaic solar electricity systems, appropriate to
their architectural design.
• Consideration shall be given to using LED lighting for all outdoor uses (i.e.
buildings, pathways, landscaping, carports).
c. To reduce energy demand associated .with potable water conveyance, the
Project shall implement the following:
• Landscaping palette emphasizing drought tolerant plants;
• Water efficient landscaping;
• Use of water -efficient irrigation techniques;
• U.S. EPA Certified WaterSense labeled or equivalent faucets, high -
efficiency toilets (HETs), and water -conserving shower heads.
d. The project will recycle and/or salvage noli-hazardous construction and
demolition waste, and develop and implement a construction waste
management plan.
Biological Resources Impacts
Disturbance of the site has the potential to impact nesting or roosting Burrowing
Owls, which would constitute a significant impact to the species, which requires
mitigation.
Grading of the project site also has the potential to impact birds covered under the
Migratory Bird Treaty Act (MBTA). As the CVMSHCP does not include provisions for
migratory birds, the provisions of the MBTA must be complied with to assure that
impacts to migratory birds are reduced to less than significant levels.
The proposed project may include a storm drain pipe, extending from the southeastern
portion of the project area, through the Desert Sands Unified School District lands,
and leading to a stormwater outfall structure on the north side of the La Quinta
Evacuation Channel (LQEC). The area of the stormwater outfall structure meets the
hydrogeomorphic criteria established by CDFG for waters of the State, and may also
support riparian vegetation. Construction of the stormwater outfall structure would
result in the temporary (construction) disturbance of 10,200 square feet (0.234 acres)
of jurisdictional waters, and the permanent disturbance of 200 square feet (0.005
acres) of jurisdictional waters. In accordance with CDFG Code, this represents a
potentially significant impact to a water of the State, which requires mitigation.
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Findings:
1. Changes, alterations, and other measures have been made in or incorporated into
the project which will mitigate these impacts to less than significant levels,
including:
a. To comply with the MBTA, a nesting bird survey will be required prior to the
removal of any vegetation or trees, or grading on the site, if such activity is to
occur between January 1 and August 31 of any year. The nesting bird survey
will be conducted by a qualified biologist, and end no less than three days prior
to the activity. The biologist's report of the survey, and any measures required
to protect nesting birds, shall be approved by the City prior to the initiation of
any activity. This mitigation measure will not apply if vegetation or tree
removal, or grading, are proposed between September 1 and December 31 of
any year.
b. Within 30 days of the initiation of any grubbing or grading activities on the site,
a protocol -compliant Burrowing Owl survey shall be conducted by a qualified
biologist. If the species is identified on the site, CDFG shall be consulted, and
mitigation measures implemented to avoid or relocate the owls.
c. Following final design of the stormwater outfall structure, the project proponent
shall secure a Streambed Alteration Agreement from the California Department
of Fish and Game, prior to the initiation of any construction activity in the
LQEC.
d. Following final design of the stormwater outfall structure, the project proponent
shall secure a 401 Permit from the Regional Water Quality Control Board, if
necessary.
Cultural Resources Impacts
Although no cultural resources were discovered within the project boundaries, the
vicinity is known to be highly sensitive for subsurface deposits of prehistoric cultural
remains and is located in one of the densest clusters of archaeological sites ever
recorded in Riverside County. Development of the proposed project may result in the
excavation of areas previously not impacted by significant excavations and
disturbances. As a result, the potential exists for buried archaeological resources to
occur.
Resolution No. 2010-
Environmental Assessment 2008-600
Dune Palms Road & Highway 111 Specific Plan
Adopted:
Page 24 of 34
The EIR includes mitigation measures to assure that onsite cultural resources are
protected. The implementation of these mitigation measures will reduce impacts
associated with cultural resources to less than significant levels.
Findings:
1. Changes, alterations, and other measures have been made in or incorporated into
the project which will mitigate these impacts to less than significant levels,
including:
a. The site shall be monitored during on- and off -site trenching and rough grading
by qualified archaeological monitors, including a Native -American. Proof of
retention of monitors shall be given to the City prior to issuance of the first
earth -moving or clearing permit. The monitor shall be empowered to
temporarily halt or divert equipment to allow for City notification and analysis.
b. The final report on the monitoring shall be submitted to the Community
Development Department prior to the issuance of a Certificate of Occupancy for
the project.
c. Collected archaeological resources shall be properly packaged for long term
curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all
within acid -free, standard size, comprehensively labeled archive boxes and
delivered to the City prior to issuance of first Certificate of Occupancy for the
property. Materials shall be accompanied by descriptive catalogue, field notes
and records, primary research data, and the original graphics.
d. The conditions of approval recommended by the La Quinta Historic Preservation
Commission on December 6, 2007 shall be included in the submitted Phase I
historical/archaeological report prior to issuance of the first permit requiring
monitoring.
e. If prehistoric or historic resources are discovered during monitoring or the
subsequent construction phase, the Community Development Department shall
be notified immediately.
Hazardous and Toxic Materials Impacts
Development of the site has the potential to result in an increase in the transport,
storage, use, and generation of hazardous materials and wastes, which will directly
increase the demand for proper disposal of such materials. The use of hazardous
0°' 3205
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Resolution No. 2010-
Environmental Assessment 2008-600
Dune Palms Road & Highway 111 Specific Plan
Adopted:
Page 25 of 34
material in the commercial sector is well regulated through City, County, State, and
federal law, and no high -volume hazardous waste generators will be present on -site.
Impacts related to hazardous materials and waste can be reduced to less than
significant levels through proper hazardous waste management and the use of
appropriate mitigation measures.
Findings:
1. Changes, alterations, and other measures have been made in or incorporated into
the project which will mitigate these impacts to less than significant levels,
including:
a. The handling, storage, transport, and disposal of all potentially hazardous
materials and waste, including chemicals, herbicides and pesticides, and runoff,
at the project site, shall be in accordance with the City's BMP/Integrated Waste
Management Plan and other applicable City, county, state, and federal
regulations.
b. Development within the Specific Plan area shall be required to comply with all
applicable federal, state, and regional permitting requirements for hazardous and
toxic materials generation and handling, including but not limited to the
following:
i. If it is determined that hazardous wastes are, or will be, generated by any
proposed operations, the wastes must be managed in accordance with the
California Hazardous Waste Control Law (California Health and Safety Code,
Division 20, chapter 6.5) and the Hazardous Waste Control Regulations
(California Code of Regulations, Title 22, Division 4.5).
ii. If hazardous wastes are (a) stored in tanks or containers for more than
ninety days, (b) treated on -site, or (c) disposed of on -site, then a permit from
the Department of Toxic Substances Control (DTSC) may be required.
c. Hazardous material and waste storage within the proposed project shall be
secured so as to minimize risk of upset in the event of groundshaking
associated with earthquakes.
Hydrology and Water Resources
The proposed project may include a storm drain pipe, extending from the southeastern
portion of the project area, through the Desert Sands Unified School District lands,
and leading to a stormwater outfall structure on the north side of the La Quinta
0'•• 3 L. f
Resolution No. 2010-
Environmental Assessment 2008-600
Dune Palms Road & Highway 111 Specific Plan
Adopted:
Page 26 of 34
Evacuation Channel (LQEC). The area of the stormwater outfall structure meets the
hydrogeomorphic criteria established by CDFG for waters of the State, and may also
support riparian vegetation. Construction of the stormwater outfall structure would
result in the temporary (construction) disturbance of 10,200 square feet (0.234 acres)
of jurisdictional waters, and the permanent disturbance of 200 square feet (0.005
acres) of jurisdictional waters. In accordance with CDFG Code, this represents a
potentially significant impact to a water of the State, which requires mitigation.
Stormwater runoff generated by on -site flows will be directed to drains that are
strategically placed throughout the project site. Drains will convey water to the
underground retention storage units (five are proposed: two in the commercial portion
of the site, and three in the residential portion of the site), where flows will then be
percolated into the ground. The potential exists that surface water could be
contaminated by operation of the proposed project, particularly due to the auto related
uses. This represents a potentially significant impact for which mitigation is included
in the EIR.
CVWD has made significant strides in providing private and public users of local water
with resources and information to help conserve water through the use of drought
tolerant desert plants and efficient irrigation systems. The landscape guidelines set
forth in the Specific Plan reflect and integrate federal, state, and local requirements of
the water conservation ordinances and regulations, and are intended to make the
proposed project as water -efficient as possible. Furthermore, the following measures
shall be implemented by the project developers to ensure the most efficient use of
water resources.
Findings:
1. Changes, alterations, and other measures have been made in or incorporated into
the project which will mitigate these impacts to less than significant levels,
including:
a. Project proponent(s) shall coordinate with the City and the Department of Fish
and Game to secure required permits for construction activities within the
Evacuation Channel.
b. Pollution control techniques/facilities shall include periodic street cleaning, the
careful control/monitoring of auto -related wastes, and if needed the intercepting
and/or pre-treatment of runoff prior to discharge into the retention areas.
c. The use of low -flush toilets and water -conserving faucets, dishwasher, and
washing machines shall be required in conformance with Section 17921.3 of
32S
Resolution No. 2010-
Environmental Assessment 2008-600
Dune Palms Road & Highway 111 Specific Plan
Adopted:
Page 27 of 34
the Health and Safety Code, Title 20, California Code of Regulations Section
1601(b), and applicable sections of Title 24 of the State Code.
d. The following general landscape design principles shall be integrated into the
project:
i. To the greatest extent practicable, native plant materials and other drought -
tolerant plants shall be used in all non -turf areas of project landscaping.
ii. Inorganic landscape materials, including boulders, cobble, gravels and
crushed granitic materials, shall be used throughout the landscape to help
naturalize the design, provide additional structure and pattern to the
landscape, and eliminate the need for watering in these areas.
iii. Expanses of lawn shall be limited to the Active Space Core, which provides
recreational opportunity to the residents of the development.
e. Should recycled water be made available by the Coachella Valley Water District
to the site, the proposed project shall irrigate landscaping with recycled water.
Noise Impacts
Construction of the auto related commercial project and the multi -family residential
units will result in short-term noise impacts, associated with grading, construction,
and the transport of construction workers and equipment to and from the site. Noise
generated during construction will result in temporary elevated noise levels that have
the potential to occasionally exceed the threshold for sensitive noise receptors.
Although there are no existing sensitive noise receptors in the immediate vicinity of
the project area, mitigation measures included in the EIR will help to reduce the level
of noise generated during construction activities on -site. With the implementation of
these measures, noise impacts associated with construction are expected to be less
than significant.
Daily school bus operations and safety check procedures that occur between 5:00
a.m. and 7:00 a.m. generate noise levels that have the potential to cause sleep
disturbance and high annoyance for the proposed residential development. Noise
sources from the school bus yard are a result of engine idling, air brake system (ABS),
reverse safety beeper, electric horn, and air horn testing. The two locations impacted
by the school bus yard activities both occur on the southern boundary of the
residential portion of the project. In order to assure that the District's activities are
mitigated to less than significant levels, mitigation measures have been imposed in the
EIR.
Resolution No. 2010-
Environmental Assessment 2008-600
Dune Palms Road & Highway 111 Specific Plan
Adopted:
Page 28 of 34
Findings:
1. Changes, alterations, and other measures have been made in or incorporated into
the project which will mitigate these impacts to less than significant levels,
including:
a. All construction equipment operating onsite shall be fitted with well -maintained,
functional mufflers.
b. All stationary construction equipment shall be directed away from sensitive
noise receptors.
c. Equipment staging shall be located as far as possible on the site from any noise
sensitive receptors.
d. Construction hours and haul truck deliveries shall be limited to those prescribed
in City ordinances.
e. A final noise study shall be prepared and submitted with building permits. The
noise study shall demonstrate that all residential units within the project will
meet interior and exterior noise standards, with a particular focus on the units
occurring along the southern boundary of the project site. The noise
attenuation methods required to assure that City standards are met may include
all or some of the following techniques, as long as City standards are met or
exceeded:
• In order to reduce the noise levels at exterior living areas in the southern
portion of the site, the proposed 25 foot tall apartment buildings shall be
connected by a 20 foot tall sound wall. The wall shall be high enough to
block the view of "A" Street to stop the linear progression of noise from the
school bus yard, will have no decorative cutouts or line -of -site openings, and
weigh at least 4.5 pounds per square foot of face area.
• The row of apartments at the southernmost portion of the site, adjacent to
the school bus yard shall be improved with limited or no operable windows
on the south wall, and windows shall be upgraded to a Sound Transmission
Class rating of 44. In addition, walls, doors, and roof assemblies shall be
upgraded to reduce noise impacts.
f. All residential units shall be designed to allow for a "windows closed" condition,
which requires a means of mechanical ventilation (air conditioning).
"., 330
Resolution No. 2010-
Environmental Assessment 2008-600
Dune Palms Road & Highway 111 Specific Plan
Adopted:
Page 29 of 34
g. Units other than those within the southernmost apartment complex shall be
outfitted with windows that have a minimum Sound Transmission Class rating
of 32.
h. All residential units shall be provided with weather-stripped solid core exterior
door and exterior wall/roof assembles shall be free of cut outs and openings.
i. The residential property manager shall fully disclose the potential noise impacts
generated by the school bus yard and assure that all residents are informed of
the noise generating school bus safety procedures.
j. Prior to obtaining building permits and once precise grading plans, architectural
plans, and building designs are complete, a final noise study that specifies
interior noise reduction requirements shall be prepared.
Public Facilities Impacts
Development of the subject property will result in automotive commercial and
residential land uses, which will generate solid waste, green waste, and hazardous
waste from the automotive dealerships, and household hazardous waste from the
residential component of the project. The proposed development will generate
approximately 6,137 pounds of solid waste per day or approximately 1,120 tons per
year. The project is not anticipated to produce unusually high quantities of solid
waste or hazardous waste. However, the proposed project will result in an increase to
the volume of solid waste currently generated within the City of La Quinta, and will
contribute solid waste to landfills. In order to limit the amount of solid waste
generated, mitigation measures are included in the EIR which will assure that impacts
are reduced to less than significant levels.
Findings:
1. Changes, alterations, and other measures have been made in or incorporated into
the project which will mitigate these impacts to less than significant levels,
including:
a. All businesses within the project shall be provided recycling receptacles for
office wastes.
b. Recycling receptacles shall be provided at each trash enclosure within the
residential component of the project.
331
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Environmental Assessment 2008-600
Dune Palms Road & Highway 111 Specific Plan
Adopted:
Page 30 of 34
c. Landscaping services throughout the site shall be from a company that
composts green waste. On -site composting and grass recycling (whereby lawn
clippings are left on the lawn) shall be encouraged as appropriate.
E. SIGNIFICANT UNAVOIDABLE ENVIRONMENTAL IMPACTS
Transportation and Traffic Impacts
Implementation of the Specific Plan would generate 2,244 daily trips in 2011 and
4,078 daily trips at build out in 2016. The EIR analyzed the impact of these trips on
area intersections and road segments, and found that certain intersections will operate
at unacceptable levels of service without the implementation of the Specific Plan. In
2011, the intersections are:
• Highway 111 /Washington Street • Avenue 48/Washington Street
The following intersections will operate at unacceptable levels of service in 2016 (at
project build out) with or without the implementation of the Specific Plan:
• Highway 111/Washington Street • Highway 111/Jefferson Street
• Avenue 48/Washington Street • Avenue 48/Jefferson Street
The impacts to these intersections are cumulative, and include approved projects in
both the City of La Quinta and the City of Indio. At all four intersections, even with
the addition of improvements not programmed in the City's Capital Improvement
Program (CIP), a LOS of F will occur in the PM peak hour. Further, the intersection of
Jefferson Street and Avenue 48 requires the addition of a west bound right turn lane
in the City of Indio, which the City of La Quinta cannot compel (please also see
below).
In 2011, the roadway segment of Dune Palms Road between Westward Ho and
Highway 111 will operate at unacceptable levels of service without the proposed
project; and in 2016 the following segments will operate at unacceptable levels of
service without the project: Dune Palms Road between Westward Ho and Highway
111, Highway 111 between Washington and Adams, Highway 111 between Adams
and Dune Palms, Highway 111 between Dune Palms and Depot Drive, Highway 111
between Depot Drive and Jefferson, Highway 111 between Jefferson and Madison.
The impact on Dune Palms is due to the need for an additional lane which is not
programmed in the City's CIP. The impacts on Highway 111 are due to the need for
an additional lane in each direction, which cannot be secured because of existing
development which occurs throughout the length of this roadway in the City.
'. 332
Resolution No. 2010-
Environmental Assessment 2008-600
Dune Palms Road & Highway 111 Specific Plan
Adopted:
Page 31 of 34
The addition of the proposed project, therefore, contributes to cumulatively significant
impacts at these intersections and on these roadway segments.
Mitigation measures and conditions of approval will be implemented which require that
the project pay its fair share of improvements on existing roadways and at
intersections. The EIR identifies, however, that these contributions in all cases
represent a small amount (less than 10%) of the overall costs associated with these
improvements. As the entire funding for these improvements may not be available at
the time the project is implemented, it is possible that the improvements will not be
completed when the project is operational. This will represent a temporary significant
impact at Washington Street at Highway 111 and Washington Street at Avenue 48 in
2011; and at Washington Street at Miles Avenue in 2016.
The proposed project will contribute to unacceptable levels of service at Jefferson
Street and Avenue 48. The improvements needed to reduce the impacts to less than
significant levels will require improvements within the corporate limits of the City of
Indio. The City of La Quinta cannot compel these improvements, nor can it assure
that the funds needed for the improvements and not the responsibility of the proposed
project, can be secured by the City of Indio in a timely manner to address project -
related impacts. As a result, the impacts to this intersection must be assumed to
remain significant and unavoidable, although mitigation measures are included in the
EIR in an effort to reduce the impacts.
Findings:
1. The City of la Quinta hereby finds that implementation of the Dune Palms &
Highway 111 Specific Plan project will result in significant and unavoidable impacts
to intersections and roadway segments, which will adversely affect level of service
for roadway segments and intersections. No feasible mitigation measures are
available to mitigate these impact, insofar as:
a. The City of La Quinta has not and cannot secure additional right of way on
Highway 111 to add a lane to accommodate traffic growth;
b. The City of La Quinta has no Capital Improvement Program funding in place to
make the required improvements; and
c. The City of La Quinta cannot compel the City of Indio to make improvements
for which it has no Capital Improvement Program, and no identified funding.
2. The City of La Quinta finds that these unavoidable significant impacts are
acceptable based on the overall inability to mitigate the impacts despite inclusion of
mitigation, the benefits associated with the proposed project, objectives
333
Resolution No. 2010-
Environmental Assessment 2008-600
Dune Palms Road & Highway 111 Specific Plan
Adopted:
Page 32 of 34
established for the proposed project, and specific overriding considerations
described in the Statement of Overriding Considerations.
3. The City of La Quinta hereby finds that the improvements required to maintain
General Plan designated levels of service have been determined to be infeasible.
Roadway widening to 8 lanes on Highway 111 would be required, with or without
the proposed project, to maintain acceptable levels of service on this roadway. No
feasible mitigation measures are available to mitigate this impact, insofar as right of
way has not been secured, and structures and other improvements occur along
Highway 111; and the City has no capital improvement plans in place to acquire
right of way or provide improvements. The City of La Quinta finds that the
unavoidable significant impacts are acceptable based on the overall inability to
mitigate the impacts despite inclusion of mitigation, the benefits associated with
the proposed project, objectives established for the proposed project, and specific
overriding considerations described in the Statement of Overriding Considerations.
4. The City of La Quinta hereby finds that most of the identified impacts are
associated with projected growth in background traffic by 2016. Most significant
effects that can be feasibly avoided have been reduced by virtue of mitigation
measures in the EIR. The remaining unavoidable significant effects are acceptable
when balanced against the facts set forth in the Statement of Overriding
Considerations. In addition, impacts to transportation and traffic from the proposed
project are considered significant on a cumulative basis in association with other
projects occurring on a local and regional scale. The City of La Quinta finds that
the unavoidable significant impacts are acceptable based on the overall inability to
mitigate the impacts despite inclusion of mitigation, the cumulative nature of the
impacts, the benefits associated with the proposed project, objectives established
for the proposed project, and specific overriding considerations described in the
Statement of Overriding Considerations.
334
Resolution No. 2010-
Environmental Assessment 2008-600
Dune Palms Road & Highway 111 Specific Plan
Adopted:
Page 33 of 34
EXHIBIT "B"
STATEMENT OF OVERRIDING CONSIDERATIONS
The City of La Quinta ("City") hereby adopts and makes this statement of overriding
considerations concerning the Dune Palms Road & Highway 111 Specific Plan's
unavoidable significant impacts to explain why project benefits override and outweigh
unavoidable impacts. CEQA requires the decision -making agency to balance the
economic, legal, social, technological or other benefits of a project against its
unavoidable environmental risks when determining whether to approve the project. If
the benefits of the project outweigh the unavoidable adverse effects, those effects
may be considered acceptable. CEQA requires the agency to provide written findings
supporting the specific reasons for considering a project acceptable when significant
impacts are unavoidable. Such reasons must be based on substantial evidence in the
EIR or elsewhere in the administrative record. Those reasons are provided in this
Statement of Overriding Considerations.
The City finds that the project will create substantial economic, legal, social,
technological, or other benefits that will enhance the quality of life for residents,
businesses and visitors, resulting in increased investment within the City of La Quinta.
Each benefit set forth below constitutes an overriding consideration warranting
approval of the project, independent of other benefits, despite each and every
unavoidable impact. The following overriding considerations apply independently to
each unavoidable impact:
1. Implementation of the Specific Plan will provide the City with 200 homes for
very low-, low- and/or moderate -income households, helping the City to meet its
Regional Housing Needs Assessment for the 2006-2014 planning period.
2. The addition of three automotive dealerships and similar services will provide an
economic benefit to the City in the form of sales tax revenue, which can be
used for the provision of on -going services to City residents, businesses and
visitors.
3. The addition of a Mixed Use project in close proximity to employment will
provide a social benefit, allowing lower income households an opportunity to
find employment in close proximity to their residence.
4. The addition of a Mixed Use project in close proximity to Highway 111, the
City's primary east -west arterial, will provide an environmental benefit in the
form of a reduction in air emissions associated with the use of transit services
�0., 335
Resolution No. 2010-
Environmental Assessment 2008-600
Dune Palms Road & Highway 111 Specific Plan
Adopted:
Page 34 of 34
already available on Highway 111, and reduction in vehicle miles traveled due to
the proximity of residences to commercial retail services.
5. Implementation of the proposed project will add to the City's jobs/housing
balance, by increasing the number of jobs available to City residents.
Build out of the Specific Plan is projected to have a net positive effect on the City's
economy. Major revenue sources will include property tax and sales tax, while
additional revenue sources will be generated from developer impacts fees, building
permits, business licenses, and other development -related fees. The economy of the
project is expected to be self-sustaining at build out, as its annual revenues are
expected to outweigh its annual costs.
The City finds that the specific benefits associated with the proposed project override
and outweigh the project's significant environmental impacts identified in the EIR and
in the record. In making this finding, the City has balanced the benefits of the
Specific Plan against its unavoidable impacts and has determined that the project's
unavoidable impacts are acceptable in light of these benefits.
336
RESOLUTION NO. 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING THE DUNE
PALMS AND HIGHWAY 111 SPECIFIC PLAN (SPECIFIC
PLAN 08-085) FOR THE DEVELOPMENT OF UP TO 200
AFFORDABLE RESIDENTIAL DWELLING UNITS AND UP
TO 82,000 SQUARE FEET OF AUTOMOBILE SALES AND
RELATED USES GENERALLY LOCATED ON THE SOUTH
SIDE OF HIGHWAY 111, BETWEEN DUNE PALMS ROAD
AND COSTCO DRIVE.
CASE NO.: SPECIFIC PLAN 08-085
WHEREAS, the City Council of the City of La Quinta, California, did on
the 18`h day of May, 2010, hold a duly noticed Public Hearing to consider the
request of the City of La Quinta for approval of the Dune Palms and Highway 111
Specific Plan to allow the development of up to 200 affordable multi -family
residential units and up to 82,000 square feet of automobile sales facilities and
related uses for the properties generally located on the south side of Highway 111,
between Dune Palms Road and Costco Drive, more particularly described as:
APNS: 600-020-004, 600-020-005, and 600-020-011
WHEREAS, the Planning Commission of the City of La Quinta,
California, did on the 271h day of April, 2010, hold a duly -noticed Public Hearing to
consider a recommendation to the City Council approving Specific Plan 08-085,
and
WHEREAS, the Planning Commission, at said public hearing, did adopt
Planning Commission Resolution 2010-014 recommending to the City Council
approval of Specific Plan 08-085 subject to certain conditions of approval; and
WHEREAS, the Historic Preservation Commission, at their meeting
held on the 29th, day of January, 2009, reviewed the historical and archaeological
resources report associated with the application, and adopted Minute Motion 2009-
001, recommending approval of the survey to the Planning Commission, subject to
staff -recommended conditions; and
WHEREAS, the Department has prepared a Final Environmental
Impact Report ("Final EIR"), State Clearinghouse #2008101109 in compliance with
the requirements of the California Environmental Quality Act (CEQA) of 1970 as
amended. The Final EIR was presented to the La Quinta City Council, which
reviewed and considered the information contained in the Final EIR, as well as all
337
Resolution No. 2010-
Specific Plan 2008-085
City of La Quints
Adopted: May 18, 2010
Page 2
testimony presented at the public hearing, and has adopted a Resolution certifying
that the Final EIR prepared for this application is recognized as adequate and
complete, recognizing the overriding considerations to certain significant
environmental impacts, and, recognizing the significant environmental effects
which cannot be avoided, but can be reasonably and substantially mitigated if the
proposed project is implemented; and
WHEREAS, future infrastructure improvements associated with this
project as described in Specific Plan 08-085 and the Final EIR as further described
in the conditions of approval attached here will directly serve and benefit the
proposed development of up to 200 new affordable housing units and are a
reasonable and fundamental component of said housing units; and
WHEREAS, the Planning Department did publish a public hearing
notice in The Desert Sun newspaper, on the 6`h day of May, 2010, as prescribed by
the Municipal Code, with public hearing notices mailed to all property owners
within 500 feet of the property in question; and
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments of all interested persons desiring to be heard, the City
Council did make the following mandatory findings to justify approval of the
Specific Plan Amendment:
1. Specific Plan 2008-085 is consistent with the goals, objectives and policies
of the General Plan. The Regional Commercial and Commercial Park land use
designations are appropriate for the proposed development, as it requires a
minimum 20 acre parcel size, allows a full range of commercial uses, as well
as high density housing consistent with what is identified in the Specific
Plan, as set forth in the goals and policies of the La Quinta General Plan Land
Use Element.
2. Specific Plan 2008-085 will not create conditions materially detrimental to
the public health, safety and general welfare. Development of the site as
proposed for residential and commercial use will not significantly impact
quality of life for area residents. The development of up to 200 affordable
multi -family residential units and up to 82,000 square feet of building(s) for
automobile sales and associates uses, are not determined to be a detriment
to the community, in consideration of the land uses contemplated in
conjunction with the City's General Plan land use designations for the
subject properties. No environmental or other hazards will be introduced into
the Project as a part, or a result, of its implementation.
338
Resolution No. 2010-
Specific Plan 2008-085
City of La Quinta
Adopted: May 18, 2010
Page 3
3. Specific Plan 2008-085 is compatible with the zoning designations on
adjacent property. Under the Regional Commercial and Commercial Park
land use designation, new automobile sales are a listed permitted use and
affordable multi -family residential are also permitted, subject to the approval
of a specific plan. The proposed multi -family residential is similar to and
consistent with other neighboring projects, such as Wolff -Waters, and the
commercial activity will be consistent with other automobile uses along
Highway 111.
4. Specific Plan 2008-085 is suitable and appropriate for the subject property,
as it allows for the continuation and expansion of commercial activity while
also introducing additional affordable residential units to the community in
close proximity to amenities and services, such as public transit and schools.
The proposed development provides a degree of land use flexibility in
allowing both residential and commercial uses on the site, so as to respond
to fluctuating marketing and economic conditions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of La Quinta, California, as follows:
1. That the above recitations are true and constitute the Findings of the City of
La Quinta Council in this case;
2. That it does hereby approve Specific Plan 08-085, as referenced in the title
of this Resolution, for the reasons set forth in this Resolution, and subject to
the attached Conditions of Approval.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta
City Council held on this 18th day of May, 2010, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta, California
339
Resolution No. 2010-
Specific Plan 2008-085
City of La Quinta
Adopted: May 18, 2010
Page 4
ATTEST:
VERONICA J. MONTECINO, CIVIC, City Clerk
City of La Quinta, California
(SEAL)
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
,... - 340
Resolution No. 2010-
CONDITIONS OF APPROVAL — Recommended
SPECIFIC PLAN 2008-085
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 Specific
Plan, or any Final Map recorded thereunder. The City shall have sole
discretion in selecting its defense counsel.
The City shall promptly notify the applicant of any claim, action or
proceeding and shall cooperate fully in the defense.
2. Specific Plan 2008-085 shall comply with all applicable standard
requirements, conditions and/or mitigation measures for the Highway 111 &
Dune Palms Specific Plan Environmental Impact Report (SCH #2008101109)
under environmental assessment 2008-600.
In the event of any conflict(s) between approval conditions and/or provisions
of these approvals, the Planning Director shall determine precedence.
3. All changes to the Specific Plan which are required under these conditions
shall be made in a revised document to ensure consistency. The project
proponent shall submit five (5) copies of the amended Specific Plan
document to the Planning Department within 30 days of City Council
approval of the Specific Plan, or issuance of a grading permit, whichever
occurs first.
341
ATTACHMENT 1
CITY OF LA QUINTA
78495 CALLE TAMPICO, LA QUINTA. CA 92253
HIGHWAY 111 AND DUNE PALMS ROAD
SPECIFIC PLAN 08.085
City of La Quinta
April 21, 2010
34
ROSENOW SPEVACEK GROUP, INC.
www.webrsg.com
CITY OF LA QUINTA - HIGHWAY 111 AND DUNE PALMS ROAD SPECIFIC PLAN
TABLE OF CONTENTS
EXECUTIVESUMMARY....................................................................................................................I
SECTION1: INTRODUCTION...........................................................................................................3
SECTION2: SETTING.....................................................................................................................10
SECTION3: LAND USE PLAN.........................................................................................:..............12
SECTION4: DEVELOPMENT PLAN...............................................................................................15
SECTION 5: SPECIFIC PLAN ADMINISTRATION.........................................................................26
SECTION 6: RELATIONSHIP TO LA QUINTA GENERAL PLAN POLICIES................................27
APPENDIX A: PROPOSED DEVELOPMENT DESCRIPTION
........................................................35
ATTACHMENTS.......................................................................................................................I.......38
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CITY OF LA QVINTA
EXECUTIVE SUMMARY
This document, entitled Highway 111 and Duns Palms Road Specific Plan ("Plan") has been
written in compliance with the City of La Quints ("City") General Plan and Municipal Code
("LQMC"), and meets the guidelines provided by the State of California for specific plans.
Development of Plan area is referred to herein as the "Project" and consequently, the Plan area
is also referred to as the Project site.
The Plan area is located directly south of Highway 111 just east of Dune Palms Road and is
approximately 22 acres in size. The Information within establishes the policy vision for the Plan
area and provides for regulatory standards to ensure its implementation as the area develops.
It is deliberately designed to permit a degree of flexibility and to allow for changes in local
standards and the housing and commercial markets.
Development of the Plan area is intended to be a collaborative effort between the La Quints
Redevelopment Agency ("Agency"), the La Quints Housing Authority ("Authority") and private
developers ("Developers").
The northern portion of the Plan area is designated by the General Plan as Regional
Commercial and zoned as Regional Commercial; the southern portion is designated as
Commercial Park by the General Plan and zoned Commercial Park. It is bounded on the east
by an existing commercial development (Komar/Costco Center) and on the west by a service
station, an office complex and a mini -storage facility. The Desert Sands. Unified School District
("DSUSD') service and administrative facility, including the school bus lot, is located to the
south.
The Project as a whole is envisioned as a vibrant, dynamic development that serves both the
housing needs of low income residents of La Quints, as well as La Quints shoppers and others
in the area who desire a wider variety of commercial opportunities with goods and services that
are not currently available in the immediate vicinity.
The residential portion of the Project will add up to 200 new housing units in a series of
buildings on the southern half of the property, and will use an architectural style compatible with
other desert architecture as well as the environment itself. The residences will be developed as
affordable apartment homes, with all units designated for occupants at affordability levels as yet
to be determined, but including very low-, low-, and possibly moderate -income as defined by
California Redevelopment Law. It will contain a mix of housing sizes to serve a variety of
residents from singles to families. The new public roadway, 'A' Street, will provide access to
the neighborhood and a connection to both Dune Palms Road to the west and the adjacent
Komar/Costco Center to the east. Pedestrian paths will traverse the residential community
facilitating easy access to Dune Palms Road, Highway 111, and neighboring commercial
developments.
The commercial portion will provide up to 82,000 square feet of automobile sales and related
uses and be constructed on the northern portion of the site, meeting design standards of the
City as well as the corporate images of the future users. The development is envisioned to hold
up to three automobile dealerships with associated service facilities. Vehicular access to the
commercial portion will be provided at two entry points along Highway 111, The commercial
development will also have access to "A" Street along its southern boundary.
Both the commercial and residential components of the Project contribute towards satisfying
the needs of La Quints residents and are expected to be long-term assets to the community.
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CITY OF LA QUINTA
The Plan presents the vision of the Project and the associated guidelines necessary to see that
vision through to Implementation. Though a certain level of flexibility is provided, the standards
established by the Plan will ensure that the Project meets or exceeds the expectations of the
City and community at large. Development of the Project will be processed in accordance with
the City's development review and approval process as required by the LOMC.
DOCUMENT ORGANIZATION
The Plan has been organized into the following sections for clarity and easy reference as
described below.
1. Introduction. Offers the project summary, scope, and objectives.
2. Setting. Description of existing conditions.
3. Land Use Plan. Identifies the land use regulations and development standards
applicable to the Plan area.
4. Development Plan. Describes the general site plan, circulation, grading, utilities and
phasing of the Project and establishes design guidelines for its architecture and
landscaping.
5. specific Plan Administration. Describes management of and changes to the Plan, as
well as other administrative items.
6. Relationship to the La Quints General Plan. Overview of how the Plan's regulations,
standards and guidelines support the General Plan's goals, policies; and programs.
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CITY OF LA QUINTA
SECTION 1: INTRODUCTION
1.1 INTRODUCTION AND PURPOSE
This document is the Highway 111 and Dune Palms Road Specific Plan, which has been
created to facilitate the development of a project in accordance with the La Quints General
Plan, The Plan establishes the design and development guidelines for the Project, so that it will
enhance the existing community and provide vibrant new retail and living environments in the
City.
The Plan was written to facilitate the development of a 22-acre area, with commercial uses in
the northern half and residential uses in the southern half. This document has been written
pursuant to LQMC Section 9.240.010 and in compliance with LQMC Section 9.70.030, which
requires that a specific plan be approved for developments larger than ten acres within the
Regional Commercial zone'. The vision presented within this document depicts the quality and
design desired at the site, is in accordance with the City's established Zoning Code and
General Plan, and conforms to the City's overall objective of preserving, maintaining, and
enhancing the high quality of life Le Quints residents enjoy.
Although the Plan addresses the composition and quality of the Project, it also provides policy
and regulatory provisions to guarantee consistency with existing City policies and standards. In
cases where the zoning and development regulation is non-specific within this document, the
zoning and development regulations shall be guided by the LQMC, particularly Title 9 — Zoning,
that is in effect at the time. A degree of flexibility is incorporated to allow future development to
respond to the changes in society and the economic marketplace, but consistency with other
City documents and policies shall remain.
The La Quints Redevelopment Agency prepared the Plan so that it might expediently facilitate
the construction of the Project, creating employment and housing opportunities, and ensuring a
high -quality development. The Plan will be used to guide any and all development at the
Project site. All development plans, parcel or tract maps, or other entitlements shall be
consistent with the regulations of the Plan as well as all other applicable municipal regulations.
1.1.1 Enabling Legislation
The authority to prepare, adopt, and implement the Plan is granted to the City by the California
Government Code (Title 7, Division 1, Chapter 3, Article S, Sections 65450 through 65457).
As with General Plans, the Planning Commission must hold a public hearing before it can
recommend to the City Council the adoption of a specific plan or an amendment thereto. The
City Council may, following a public hearing, adopt a specific plan and/or amendment to the
Plan by either ordinance or resolution.
The Plan is a regulatory document that, once adopted by the City Council, will serve as the
Development Code for the Project. Upon completion of the specific plan adoption process,
standarrdevelopment
vno addrtes a in the Plan hallwith the be controlled ed by he General Plan and the LQMC.lan and amendments thereto. Topics
' The northern portion of the site is within a Regional Commercial zone.
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GrrY OF LA QUINTA
1.2 HIGHWAY 111/DUNE PALMS PROPERTY AND LOCATION
Approximately 22 acres in size, the Project site is located in the City of La Quin
ta on the south
side of Highway 111, approximately 300 feet east of Dune Palms Road. It is generally
rectangular in shape, measuring about 662 feet from east to west and 1,291 feet north to south.
At the southern end, there is a slight "panhandle" that extends about 260 feet west to connect
to Dune Palms Road. The site is bounded on the north by Highway 111 and on the south by the
DSUSD administration and service facilities, which includes a school bus lot. Directly to the
east Is an existing commercial development .(the Komar/Costco Center) and to the west lies
Dune Palms Road, existing office development, an existing mini -storage facility, and a service
station. On the opposite side of Dune Palms Road is another commercial development,
anchored by Sam's Club.
An aerial photo of the subject property and its surroundings is provided in Figure 1 below.
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CM OF LA QUINTA
1.3 OWNERSHIP
The subject property consists primarily of parcel numbers 600-020-04, 600-020-05, and 600-
020-11 which are currently owned by the Agency, though they will be sold to private owners In
the future. Figure 2 shows the parcel map for the Project site 2.
Figure 2: Specific Plan Area Parcel Map
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1.4 SITE HISTORY
Up until the 1940's, the site was undeveloped for urban uses, at which point the eastern half of
the site was converted to agricultural uses with two accessory structures, likely water tanks3.
The agricultural uses were terminated prior to 1974, at which point a trailer park, including a
pool and two permanent structures, was operational in the northeastern section of the site.
However, by 1980, residential occupancy at the trailer park had dwindled, with only a dozen or
so trailers remaining. This minimal population remained until the early 2000's, when the final
trailers vacated the site and all remaining structures were removed. The Agency purchased the
property in 2007 to facilitate the development of affordable housing and infill commercial
development, both of which are identified as goals in the adopted Redevelopment Plan.
7 Lot Line Adjustment Number 09.501 was approved by the City Planning Department on October 6, 2009 and submitted
to the County of Riverside for recording.
3 The history of the site was established through the review of aerial photographs, as a part of the environmental site
,..assessment performed by EaRh Systems Southwest.
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CITY OF t.A QVINTA
1.5 OVERVIEW
Development of the site will be comprised of two components, an auto sales oriented
commercial retail development on the northern 10 acres, and an affordable housing
development on the southern 10 acres with up to 200 units. The commercial portion is
envisioned as the location for up to three branded automobile dealerships, potentially with
associated service centers. Automotive sales and service is a natural extension of other
developments along Highway 111, the City's primary commercial corridor. With automotive
sales and service for luxury vehicles being limited in La Quints and the eastern segment of the
Coachella Valley in general, this location will allow automobile owners to receive service
without having to commute to the western end of the Valley and beyond. Automotive sales and
service is not the only commercial use permitted by the Plan, however, other commercial uses
may require additional review under the California Environmental Quality Act ("CEQA").
In addition to the automobile/commercial component, the Plan further provides a unique
opportunity to increase the supply of affordable housing in the city - most importantly meeting
the needs of current and future residents, but also allowing La Quints to continue to be a leader
in affordable workforce housing. The location of the affordable housing development south of
the commercial component provides insulation from Highway 111, while offering a wide range
of services and job opportunities within a short walking distance. The new community will be
available to very low- and low-income individuals and families, and may include some units
affordable to moderate -income residents as well. The City and the Agency both support
diversification of housing types, and continue to pursue their respective goals of fulfilling the
City's share of the Regional Housing Needs Allocation and meeting the requirements of
California Community Redevelopment Law, while maintaining the high quality of life La Quints
residents enjoy.
As a part of the Project, a new public roadway, "A" Street, will be constructed, which will
intersect Dune Palms Road at the southern end of the site and traverse east/west between the
commercial and residential portions, ending at the neighboring Komar/Costco site. The
commercial portion of Project will be conveniently accessed directly from Highway 111 with
secondary access from "A" Street, while access to the residential portion will be via "A" Street.
The land use plan and "A" Street alignment are shown in the following Figure 3.
Term "branded" refers to a dealership being associated with a single vehicle manufacturer such as BMW or
__Ho1nda, not independent retailers of a variety of cars. 4
CITY OF LA UUINTA
Figure 3: Conceptual Project Land Use Plan
Hwy 111
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RESIDENTIAL
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The Project, and specifically the construction of •A• Street, will require the realignment and
reconstruction of the access driveway to the DSUSD service facility, located directly south of
the Project site. This driveway is the only entrance to the District's bus yard, which is used by
busses and staff vehicles, and not the general public. The existing driveway will be replaced by
the signalized •A' Street intersection at Dune Palms Road. A variety of DSUSD activities will be
served by this access point. The District's maintenance function, to include a number of service
vehicles, is located there. In addition, commissary or food service distribution functions are at
k
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CITY OF LA QUINTA
the location. Lastly, bus storage and maintenance takes place immediately south of the
residential area. Part of the daily maintenance routine is a pre -travel safety check which
includes testing lights and horns. Noise from the safety tests creates a significant design
constraint for the nearby residential buildings; however, mitigation measures will be
implemented to ensure interior noise levels comply with existing City standards.
The conceptual realignment of the access driveway to accommodate both DSUSD vehicles as
well as "A" Street traffic may require the acquisition of a small portion (approximately 7,000
square feeq of the adjacent min"torage lot. This portion of the lot is currently used as a
retention basin, which will be relocated south of the access driveway.
1.5.1 Associated Activities outside of
The Project will likely necessitate some modifications or improvements to property
the geographic boundary of the Project. One off -site impact of the Project is the possible
extension of a storm water drainage improvement from the southeastern comer of the site to an
outfall structure to be built in the La Quinta Evacuation Channel. The drainage pipeline would
cut through a portion of the DSUSD site that is currently used as a retention basin. However, it
is anticipated DSUSD could utilize an outfall for drainage also, potentially allowing
redevelopment of areas currently dedicated to storm water retention. Drainage to the
Evacuation Channel may be done As one or two pipelines, depending upon the best
engineering and design options for the Project and the DSUSD property.
Construction of this improvement could allow storm water from the Project site, and potentially
the DSUSD property, to drain directly into the Evacuation Channel following onsite treatment of
the "first flush" flow as required by the National Pollutant Discharge Elimination System
("NPDES") Permit. Alternatively, storm water may be retained and treated onsite through a
series of best management practices ("BMPs") which may include:
■ Dry wells,
• Detentionlretention basins,
■ Catch/debris basins, and
• Other BMPs as needed.
It should be noted that onsite treatment of first flush flows will be required regardless of whether
drainage directly to the Evacuation Channel is established. A preliminary Water Quality
Management Plan has been prepared for this Project.
Other off -site improvements include modifications to the DSUSD bus barn and storage yard
and potential modifications to the Komar/Costco site parking lot to facilitate pedestrian traffic
accessing the development via "A" Street. Proposed improvements to the DSUSD property
include construction of a sound wall and improved circulation and ingress and egress.
Proposed adjustments to the Komar/Costco parking lot include clear markings for delineation of
traffic flow and pedestrian access to and from "A" Street. This may be done using additional
landscaped curbs and a well marked walkway leading east from the point where "A" Street
terminates at the Komar/Costco parking lot.
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CITY OF LA QUINTA
1.6 OBJECTIVES
As the preparer of the Plan, the Agency has identified the following objectives, as well as those
of the City.
La Quints Redevelopment Agency Objectives:
• Ameliorate blighted conditions
• Increase economic vitality
• Promote job creation, private investment, and other positive economic indicators
• Increase the supply of affordable housing within the Redevelopment Project Area
• Develop a safe, vibrant housing community available to a range of singles and families
at affordable rates
City of La Quints Objectives:
• Ensure high -quality development that is consistent with the existing regional character
and design standards
• Ensure adequate infrastructure and public services
■ Enhance compatible uses along Highway 111, a major commercial corridor
• Encourage infiil development
• Promote land uses featuring sustainable practices
• Mitigate impacts to the highest degree feasible
■ Diversity the housing types available to residents
• Meet Regional Housing Needs Assessment goals
The Project facilitated by the Plan contributes to meeting each of these objectives by ensuring
high quality standards are in place, while guiding the development types through the series of
development standards found in this document, the General Plan, and the LQMC. Further
discussion on development standards is provided in Section 3 of the Plan, and information on
how the Plan will foster a project meeting the General Plan's goals, policies, and programs is
provided in Section 6.
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CITY OF LA QUINTA.
SECTION 2: SETTING
The following section provides an overview of the land uses In articular, this seacretion de ceibes
existing standards and provisions that apply to the property. p
how the Project site is defined by the existing regulations as set forth in the General Plan and
LQMC.
2.1 SURROUNDING LAND USES AND ENVIRONMENT
The Project site is situated along the south side of Highway 111, the City's primary commercial
corridor and a well traveled route, providing access to many Coachella Valley communities.
Highway 111 features a wide range of commercial uses including offices, retail, services, and
restaurants, and is a vital component of the City's municipal revenues. The Komar/Costco site
directly to the east of the Project site features retail, service, and restaurant uses, as does the
Sam's Club development on the western side of Dune Palms Road. Several automotive
dealerships are also located along Highway 111, making the northern portion of the site an
ideal spot to expand the types of automotive sales featured within La Quinta.
The residential development on the southern portion of the site will be buffered from Highway
111 by the commeroiat component and from Dune Palms Road by the existing storage
buildings. The DSUSD administrative. facility directly to the south of the proposed apartments is
an institutional use, which is active during the day, offering a quieter evening environment. This
urban location provides residents with employment, retail, and restaurant opportunities within
walking distance, and puts them within convenient proximity of a public transportation network
provided by SunLine Transit.
Nearby infrastructure is in place, including regional flood control facilities. The Quinta
Evacuation Channel is located southeast of the Project, running adjacent to the DSUSD site.
Adjacent arterial roadways are largely developed, with full street improvements in place along
both Highway 111 and Dune Palms Road. The new "A" Street will provide convenient access to
the residential community from Dune Palms Road, and will also allow for vehicular and
pedestrian access to the Komar1C0stc0 site so that community residents may easily patronize
the retail and restaurant establishments.
In both the commercial and residential developments, design guidelines and the project
approval process will ensure that the built environments created are not only compatible with
surrounding land uses but also functional with attractive aesthetics. This will be particularly
important for the residential component, which must rely on design and architecture to provide
a sense of community within the urban atmosphere; but asdiscussed,
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residents.
2.2 GENERAL PLAN LAND USE AND ZONING ISSUES
The Project site has General Plan land use designations of Regional Commercialsignations are
nin the
northern portion and Commercial Park (CP) in the southern portion. Its zoning de
Regional Commercial (CR) on the northern portion and Commercial Park (CP) in the southern
portion, as shown in the following Figure 4.
RC
Figure 4: Land Use and Zoning Designadone
General Plan Designations
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CITY OF LA QVINTA
Zoning Designations
The General Plan RC designation of the northern portion of the site permits a range of
commercial uses, as does the underlying CR zoning. LQMC Section 9:70.030 specifically lists
automobile oriented sales and service as a representative land use in the CR District, making
this Use particularly well suited to the site.
The.affordable housing land use proposed for the southern portion is a permitted use (LQMC
Section 9.80.040) and subject to the City's density bonuses for affordable housing provisions
(LQMC Section 9.60.270) which includes provisions for relief from certain development
standards including density limits. The density for the residential portion of the Project site is
based upon the underlying High Density Residential (RH) zoning, which allows up .to 16 units
per acre, combined with the 35% density bonus provided for in LQMC Section 9.66.270,
resulting in a maximum potential build -out of 216 units for the approximately 10 acres. The
Plan, in consideration of the Project site's physical characteristics reduces this number to a
maximum of 200 dwelling units.
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CITY OF (.A QVINTA
SECTION 3: LAND USE PLAN
m LAND USE DESIGNATIONS
Purpose: % serve unmet local consumer need and augment the community's economy
through encouraging the development and preservation of a high quality automobile
sales and service related commercial area.
Intent: To encourage a commercial automotive sales development in the northern portion of the
Plan area that is compatible with the surrounding uses along Highway 111. To achieve this,
development of the site is to be integrated into the existing commercial environment by utilizing
high quality design features, architecture, and landscaping that meets or exceeds all applicable
standards. To ensure compatibility between the commercial and residential portions of the
Plan, as well as with the intensity of the surrounding properties, .the; total amount of allowable
commercial building area is capped at a maximum of 82,000 square feet. This development
envelope is smaller than the site's potential footprint based on its current zoning. While there is
a limit to the amount of floor area that can be built, in order to facilitate creativity and encourage
design flexibility, there is no limit to the number or configuration of buildings that may be
constructed, as long as all applicable regulations are adhered to.
To present a cohesive and attractive development, all .buildings, parking areas, .and
landscaping will be well integrated into the site and shall meet the City's applicable..Highway
111 Design Guidelines5. Parking areas and buildings will have lighting features appropriate for
the design of the development while providing for public safety. Fencing may be used to
separate the commercial component from surrounding uses as needed. Landscaping will
feature native plants, and provide a pleasing visual character on this well -traveled corridor.
Residential
Purpose: To enhance the variety and availability of affordable housing units within the City and
thus assist the City and Agency in meeting the General Plan's Housing Element Goals and the
Agency's Housing Implementation Plan requirements.
Intent: To facilitate the development and preservation of a high density residential community,
consisting of up to 200 multi -family dwelling units and associated open space, and recreational
and community facilities. Towards this, the residential portion of the site is intended to be
developed with affordable rental multi -family residences. Units may range from one to three
bedrooms, and be up to three stories in design. Ultimately, the site plan may feature any
number of residential buildings to best meet the needs of the community while making efficient
use of the available land. The actual design of the project will be reviewed for compliance with
the use and development standards of the Plan through the processing of a site development
permit development.
The characteristics of a residential development consistent with the Plan should include a
pleasant residential environment that features a community clubhouse, swimming pool and
connected open space with pedestrian walkways to encourage outdoor activities and safe
pedestrian travel within the community. Additional recreational amenities may include tot lots,
benches, and barbeques. The development should be predominately landscaped with regional
s City of La Quinta, Highway 111 Design Theme, October 1997.
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0
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CITY OF LA QUINTA
native plants, but may include limited designated turf areas for recreational use. Lighting
features should be integrated into the entire site for safety and aesthetic purposes.
3.2 LAND USE REGULATIONS
The following sections discuss the development parameters applicable within the Plan area.
These standards ensure that the overall vision for the Plan is maintained irrespective of the
Individual developers and users of the site.
Section 3.2.1 contains the allowed uses and permitting regulations for the two land use
designations used in the Plan. These regulations establish the uses permitted within the
commercial and the residential portions of the Plan.
Section 3.2.2 contains the development standards for the two land use designations. These
standards address the location and design of the buildings, landscape, and amenities within
each land use designated area.
Any land use regulations or development standards not specifically addressed in the Plan shall
be governed by Title 9 of the LQMC.
3.2.1 Allowed Uses and Permitting Regulations
Commercial
Uses permitted in the area of the Plan designated Commercial are as listed under Regional
Commercial (CR) in Table 9-5 of LQMC Section 9.80.040 subject to the following exceptions:
• Sales and service of new motor vehicles at a branded dealership is a permitted use.
■ Sales and service of branded pre -owned motor vehicles associated with an on -site
branded dealership is' a permitted use (minor incidental sale of non -branded pre -owned
vehicles of similar
■ Sales and service of pre -owned motor vehicles not associated with an on -site branded
dealership is permitted subject to approval of a conditional use permit.
■ Static display of vehicles, assoaa e a permitted branded or non branded
dealership, at grade within a front landscape setback so long as no signage, banners,
lights, balloons or other visible devices are used is permitted subject to approval of a
minor use permit. Vehicle display areas shall not be allowed within the public right-of-
way. Specific locations and conditions of use shall be addressed through the site
development permit and minor use permit approval procedures.
Note: Uses other than automobile sales may require additional environmental review per the
California Environmental Quality Act.
Residential
Uses permitted in the area of the Plan designated Residential are as listed under High Density
Residential (RH) District in Table 9-1 of LQMC Section 9.40.040.
Note: Uses other than multi -family dwelling units may require additional environmental review
per the California Environmental Quality Act.
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CITY OF LA QUINTA
3.2.2 DEVELOPMENT STANDARDS
ComoDevelopment standards for the area of the Plan designated Commercial are those applicable to
the Regional Commercial (CR) District contained in LQMC Chapter 9.90, parking regulations in
Chapter 9.150 and all other supplemental non-residential development standards as set forth in
the LQMC, subject to the following exception:
• The total amount of commercial building square footage shall not exceed 82,000 square
feet gross floor area.
• Vehicle display areas located within a front landscape setback shall be located south of
the public sidewalk and a minimum 5 foot landscape separation shall be maintained
between the sidewalk and the vehicle display area.
Development standards for the area of the Plan designated Commercial are those applicable to
the High Density Residential (RH) District contained in LQMC Chapter 9,50, the density
bonuses for affordable housing provisions contained in LQMC Section 9.60.270 and all other
applicable supplemental residential development standards as set forth in the LQMC, subject to
the following exceptions:
• Dwelling unit count shall not exceed 200.
• Residential buildings shall not exceed a maximum total of 235,000 square feet,
including community facilities consisting of a pool area and community center.
• The minimum living area per residential unit shall be 700 square feet.
• Minimum of 5 feet setback where residential is adjacent to non-residential and does not
abut a roadway.
• The maximum fence height may be allowed to exceed the standard as set forth in the
LQMC where residential is adjacent -to non-residential when recommended by a noise
attenuation study and approved by the Planning Director.
■ The following minimum parking ratios, inclusive of handicapped and guest parking, shall
apply unless alternative parking standards are approved in accordance with LQMC
Chapter 9.150:
• 1.5 parking spaces/unit + .5 guest space/unit
■ 1 space/employee for non-residential services and/or activities
These standards may be adjusted by up to 10% through the Site Development Permit
approval process.
If the total number of spaces required results in a fractional number, it shall be rounded
up to the next whole number.
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CITY OF LA QUINTA
SECTION 4: DEVELOPMENT PLAN
This section addresses the backbone elements of the project including circulation, site grading,
drainage, and flood control. It also identifies the primary utility and service provider: and lists
guidelines for the architectural and landscaping design of the Project as well as sustainability
and other environmentally related measures to be incorporated. To implement the Plan, certain
discretionary permits (site development permits, conditional use permits, and/or minor use
permits) will be required. These permits will translate the standards and guidelines of the Plan
to the features that, once approved, will be constructed and ultimately implement the Plan. It is
at this stage of the planning process that decision makers will be able to ensure that the
residential and the auto/commercial components of the Project are compatible with each other
as well as with the surrounding community.
4.1 DEVELOPMENT GUIDELINES
The following subsections are meant to augment the overall vision of the Project to ensure the
most cohesive and attractive possible developments.
4.1.1 Fencing and Walls
Except as noted in Section 3.2.2 (Development Standards), all fencing and walls shall comply
with existing LQMC standards. The appearance and/or style of the walls utilized within the
Project should reflect the following qualities:
• Interior walls separating patios will be stucco or masonry.
• Walls separating recreational facilities from other segments of the development will
consist of wrought iron fencing and/or masonry.
■ Perimeter fencing may be masonry; but may feature wrought iron with stucco pilasters.
• If proposed, fencing for the automobile/commercial component should be designed to
reflect the broader themes of that part of the development, and integrate with the
surrounding environment.
4.1.2 Site Lighting
All lighting shall comply with the existing LQMC standards. All lighting shall be designed and
located so as to confine and direct light within the Project boundaries, which includes the
landscape buffer areas located along the street frontages. Lighting for the project shall be
consistent with lower lighting levels wherever practical.
The Plan envisions lighting designs that incorporate features and fixtures such as the following,
or alternatives that lead to equivalent lighting patterns:
Buildings and Open Spaces:
• All poles should be of a decorative or non -glossy finish, utilizing paint powder coating or
an anodized surface.
• Lighting fixtures should be designed to achieve ideal light distribution and minimize point
source glare.
• Commercial area lighting shall be designed to go to a security level lighting after
business hours.
■ Fixtures should be mounted precisely to prevent glare from tilted fixtures. w _ 3 5
CtTY of LA QUINTA
• All building -mounted lights shall be partially or fully shielded as applicable to Section
9,100.150 of the LQMC, including but not limited to patio, balcony, securing, and entry
door lights.
• All lights on the second and third floors should have extended drop shields so the light
source cannot be seen from any public streets.
• Pedestrian scale lighting shall be required along Highway 111 per the City's approved
Highway 111 Design Standards and should also be required on all pathways and in
proximity to all community facilities.
Parking Areas:
• Lighting for parking lot areas should be LED or high pressure sodium fixtures mounted
on steel poles, finished as stated above.
• The maximum height for any light source shall be 22 feet above finished grade in the
commercial component or 16 feet in the residential component.
• Ail lenses should be of a flush design.
• Parking area lighting shall also be shielded so as to minimize impacts to residential
units.
41.3 Circulation
The Project is easily accessed from two arterial thoroughfares - Dune Palms Road to the west,
and Highway 111 to the north. Points of access for the commercial component should come
directly from driveway entrances along Highway 111, with the primary entry generally centered
on the northern property line. General Plan Exhibit 3.1 depicts the roadway build -out
designations and typical cross sections for arterials. Highway 111 is identified as a Major
Arterial, and has been improved to 6 lanes along the project frontage. Dune Palms Road is
designated as a Primary Arterial and has been improved to 4 lanes along the project frontage.
Secondary access points should be located near the northeastern corner of the site in the
commercial portion along Highway 111, as well as at the midway point along the western
Project border, connecting the Project to Dune Palms Road via the adjacent office
development. The latter access point is anticipated to provide limited access for emergency
and service vehicles, and will not be utilized by the general public.
Primary access to the residential component should be via the new signalized intersection on
Dune Palms Road and "A" Street that leads traffic through the Project site and ultimately
connects to the Komar/Costco center to the east. The commercial component would also have
access to "A" Street from its southern property line.
Lastly, a connection to the DSUSD facility to the south provides access primarily for school
busses, delivery vehicles, and employee vehicles from that facility to "A" Street and hence to
the arterial system at the signalized intersection on Dune Palms Road. This connection
replaces the current driveway used by DSUSD that accesses Dune Palms Road at a non -
signalized intersection immediately south of the Project. The vehicular circulation is illustrated
in Figure 5.
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CITY OF hA QUINTA
Figure 6: Conceptual Vehicular Circulation
Source: Rest Vuksic Architects
4.1.3.1 Entries to the Project Site
The residential community's primary entrance is from Dune Palms Road via the proposed "A"
Street, which will run along the western and northern sides of the Project. Adequate stacking
space will be provided for entering and exiting traffic, coordinating well with the site's internal
circulation system. "A" Street will be a two-lane road with turning lanes angled to align with an
entry point to a neighboring commercial center (Sam's Club) on the western side of Dune
Palms Road and will align with an existing driveway within the Costco/Komar commercial
development to the east. A signalized intersection at Dune Palms Road will allow for left- and
right -in, as well as left- and right -turns out. The main entry is further designed to accommodate
the turning radii and maneuvering capabilities of the DSUSD busses and delivery trucks that
will utilize the new signalized entryway. Upon entering the Project site, busses and other
DSUSD staff traffic will proceed straight ahead while those wishing to travel along "A" Street or
enter the residential development will turn left as shown in Figure 6.
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CITY OF 4A QUINTA
Flaure 6: Conceptual Entrance from Dune Palms Road
1. 1
ResldarrNal
fII i. II, I�•r, ' e
jjj I� I
I
I I DgUsD
a
Source: NGA Architecture
The main entry for the commercial portion of the Plan is a right -in, right -out access via Highway
111. The secondary entry point is to be located further east on Highway 111 and will also be a
right -in, right -out access. A third entry point is proposed off of "A" Street near the C Ostco/Komar
development. Finally, a fourth entry point intended for emergency and service vehicles only is
located north of the adjacent mini storage facility providing access between Dune Palms Road
and the southwest comer of the auto/commercial component.
4.1.3.2 On -Site Circulation System
The proposed "A" Street is the primary circulation connection within the Project, providing
primary access to the residential component. The commercial component, DSUSD, and the
neighboring commercial development can also be accessed via "A" Street. Both the
commercial and residential developments will have internal accessways that circumnavigate
the parcels, providing access to parking and links to "A" Street. The primary interior drives will
be a minimum of 26 feet in width.
A benefit of the site's location is the close proximity to a number of shopping and employment
opportunities and public transit. This factor reduces the need for residents to commute long
distances for jobs, services, and shopping opportunities. Public transit is available nearby with
existing stops located near the intersection of Highway 111 and Dune Palms Road. Pedestrian
access routes will be located along the eastern property line of the auto/commercial component
that will extend from Highway 111 south to "A" Street, and along "A' Street to provide access to
the adjacent retail establishments and Highway 111, as shown in Figure 7.
Within the Project, design concepts and delineated pathways should ensure a secure
_relationship between automobile traffic and pedestrians. Sidewalks and pedestrian paths will
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CITY OF LA QUINTA
allow for safe, easy pedestrian travel throughout the project, as well as provide convenient
access to Dune Palms Road, the Costco/Komsr Center and Highway 111. Figure 7 below
depicts pedestrian access and circulation.
Figure 7: Conceptual Pedestrian Circulation
Source: Rest Vuksic Architects
4.1.3.3 Streetscape Treatment
Streetscape treatments on Highway 111, Dune Palms Road and "A" Street will be designed to
be both aesthetically pleasing and water efficient, with drought -tolerant planting types described
further in Section 4.9 of this Plan. Streetscapes will consist of walkways consistent with the
surrounding sidewalks, featuring drought tolerant planting beds to showcase water efficiency
and quality landscape design along the arterials. Where applicable, such as on Highway 111,
all other City landscaping standards shall apply.
The internal streetscape along "A" Street will feature sidewalks and drought tolerant
landscaping that integrates with the residential and commercial developments.
As discussed in Section 3.2.1 of the Plan, additional sreetscape features may be incorporated
with the development of the auto dealerships along Highway 111; such as ground -level display
pads shall be permitted in the Highway 111 landscape setback area on which for -sale vehicles,
but no advertising devices, may be parked for greater visibility. Their specific locations shall be
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CITY OF LA QUINTA
established in the appropriate discretionary permit and will be carefully integrated with the
walkway and adjacent landscaping materials.
4.2 PHASING
it is expected that the project will be built in two phases. The multi -family residential component
is expected to be constructed in the first phase, along with most, if not all, of the off -site
improvements, including the storm water drainage system, which may include the outfail
structure(s) into the La Quints Evacuation Channel. Concurrent with the residential
construction, it is anticipated that two limited automobile dealerships will be developed on the
commercial portion of the site. During the first phase, the dealerships will provide service
facilities and the sale of vehicles, possibly only certified preowned vehicles initially. A third
dealership will likely be built in the second phase, and all three dealerships will be expanded to
include the sales of both new and certified preowned vehicles. Construction of the first phase
is expected to begin in 2010. No date has been established for the construction of the second
phase, although it is estimated to begin approximately 5 years after the phase one dealerships
have begun operating. Final Phasing Plans will be part of future Site Development Permits.
"A" Street will be constructed to its ultimate configuration during Phase 1.
4.3 SITE GRADING
The existing terrain at the Project site is relatively flat with a small mound approxiTheelele et on
above the surrounding terrain in the northeast quadrant of the property. Th el 25 feet.
difference from the high point (+/- 76 feet) to the low point ( /- 52 feet) is app Y
It is anticipated that the entire site will be rough -graded at the onset of construction. The overall
height of the site will be very slightly raised in order to minimize the impacts of the Project on
neighboring uses. As a result, approximately 1,200 cubic yards of soil will be imported.
The Project area will be graded so that the general hydrological flow is to the southeast. As
discussed, the City is anticipating an off -site improvement which would involve an underground
conveyance system to bring storm water runoff from the Project site to the La Quinta
Evacuation Channel. It is anticipated that Project drainage can be discharged directly into the
nearby evacuation channel via this underground conveyance system. One or more dry wells
and/or small retention basins shall be included in the site design to prevent nuisance water
from entering the Evacuation Channel. Other on -site facilities will ensure that appropriate water
quality standards are met. Should the connection to the Evacuation Channel not be
constructed, on -site retention of storm flows shall be utilized.
si grading plan will be performedccontours, identifies
Proposed
retention/detention land uses trn the
basin
site boundary, preliminary pad
locations and elevations, tours
locations as needed.
4.4 FUGITIVE DUST CONTROL I PM10
The Coachella Valley experiences periods of moderate to high wind conditions. Therefore, wind
blown dust and sand are a concern during local grading operations. The South Coast Air
Quality Management District and the Environmental Protection Agency have instituted a plan in
the Coachella Valley to reduce excess PM 10 (small particle dust). These provisions must be
adhered to during grading operations. approval will be utilized to
All standard City of La Quinta mitigation measures and conditions of
ensure that there is adequate PM 10 control in place.
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CITY of LA QUINTA
4,s STORMIWATER
In general, methods for filtration and removal of sediments, waste, oils and grease will c
consistent with all local, State and federal requirements. Given the nature of the use, project
ct
design features for the auto dealer uses will be an important part of discretionary permits.
The provisions of the NPDES General Permit for Stormwater Discharges Associated with
Construction and Land apply to construction projects over 1 acre In size. Since the
development site is over 20 acres, a Nodoe of Intent ("N.O.1.0) and NPDES permit containing a
Best Management Practices Plan must be prepared and filed. A Stormwater Pollution
Prevention Plan ("SWPPP") must also be prepared for the development and submitted to the
City of La Quints. Erosion control will be addressed in the SWPPP.
The NPDES Permit for Municipal Separate Storm Sewer System for the White Water River
Region contains requirements for residential and commercial developments that may discharge
or affect storm water runoff in the White Water River Basin. Among other things, these
requirements oblige developers of new projects or redevelopment of "priority projects" to
prepare a Water Quality Management Plan ("WQMP"). This Project meets the requirements
established; therefore a WQMP will be prepared.
4.6 DRAINAGE AND FLOOD CONTROL
The following guidelines shall be used to implement a drainage and flood control plan.
4.6.1 Hydrology
The Plan area is covered by Flood Insurance Rate Map 06065C2234G revised August 28,
2008, which shows that the Project area is designated as Zone X, shaded and unshaded. Zone
X unshaded indicates that it lies outside the 500-year flood plain. Zone X shaded indicates
areas of 500-year flood. Off -site flows tributary to the site area have been intercepted and
retained by adjacent development and are considered negligible.
4.6.2 Regional Flood Control
The storm water drainage system in the City of La Quinta is administered by the Coachella
Valley Water District ("CVWD"). Generally speaking, the regional storm water drainage system
consists of improvements to the major natural drainage channels that nun through the City. The
Prect ies to convey runoff
om the
-year storm event
o the L8 Quinta
Evacuatioln Channel via l include lltunderground pipes, or r he Project will t
will retain runoff nfacilities located
on the site.
4.6.3 Temporary Measures
The drainage plan proposes to temporarily direct surface runoff via graded swales to two or
more retention basins during the development of the site and between construction phases for
the automotive/commercial part of the Project.
4.6A Permanent Measures
Drainage facilities will be provided within the private streets on the property. and/or through
naturalized drainage courses, leading to either a major storm drain connecting to the La Quints
Evacuation Channel or to on -site retention facilities. Facilities will be sized to accommodate
100-year storm flows, consistent with City standards.
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CITY OF LA QUINTA
4.6,5 Nuisance Water
A minimal amount of nuisance water is expected due to the use of drought -tolerant landscaping
where practical, and technologically advanced efficient irrigation systems. The overall drainage
plan will collect and convey all nuisance water into one or more dry well collection points or
small retention basins. These facilities will allow the nuisance water to be treated as necessary
and to percolate or evaporate, avoiding discharge to the Evacuation Channel.
4.7 UTIUTIES
The utilities infrastructure that will serve the development Is described below and is designed to
provide a coordinated system of infrastructure and public services to adequately serve the
project at full build out. This section identifies standards relative to land use for the site and
establishes the infrastructure and public service policies.
4.7.1 Sewer Plan
The Project is located within the jurisdiction of CVWD for sewer service. An existing 10-inch
sewer main is located within the Dune Palms Road right-of-way, and an 18-inch main is located
within the southern portion of the Highway 111 right-of-way. Service connection is proposed at
the northeast comer of the Project, connecting to the I 8-inch main in lines will be provided throughout the site as nHighway 111. Sewage
needed for adequate capacity.
4.7.2 Potable Water Plan
The development is located within the jurisdiction of the CVWD for water service. Existing 18-
inch water mains are located within both Dune Palms Road and Highway 111 rights of -way. A
main line will be installed on site, with service connection provided at the northeast comer of
the Project, in Highway 111.
4.7.3 Electrical Plan
ite by the Imperial Electric service is provided to the srial Irrigation District 110and All electrical
facilities will be underground. Distribution lines are located along the east and west property
lines. The available connections distribute 12,500 volts. Connections are expected to be from
existing service points. Service to the development is expected to be routine.
4.7.4 Natural Gas
Natural gas service is provided to the site by The Gas Company. A flinch main is located
nd a second flinch main is located
within the north side of the Highway 111 right-of-way, a
The
nt of connection is
Palms Road right-of-waY.
anywhere along e PrrojeD
within the west side oftctune
frontage. s ervice to the development is assumed to be routine.
4.7.5 Telephone
Telephone service will be provided to the development by Verizon. The point of connection is
located within the Highway 111 right-of-way, where an existing underground line is located on
the north side. Service to the development is assumed to be routine.
4.7.6 Cable Television
Cable television service will be provided to the site by Time Warner. Underground lines exist
along both Highway 111 and Dune Palms Road. Service to the development is assumed to be
routine.
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CITY OF LA QUINTA
4A GENERAL ARCHITECTURAL THEME
The design and architectural themes for the Project components have yet to be determined,
though they should generally follow the guidelines described below. The interpretation,
flexibility, including potential alternative design concepts, and incorporation of these guidelines
into the building design process shall be through the City's Site and Architectural Design
Review procedures.
4.8.1 Auto/Commercial
As described, permitted uses in the commercial part of the Project emphasize automotive sales
and service, specifically branded vehicle dealerships. The general architectural theme of these
facilities should reflect a sophisticated, technical atmosphere. Specifically, the design of
automobile sales and service facilities may be based upon corporate motifs employed by the
brands represented, although all design work should be of high quality that blends well visually
with surrounding uses on Highway 111. Characteristics may include:
a Clean, bright colors, particularly whites and silvers, and use of glass
G Use of geometric lines and angles in facades
u "Engineered" look to complement vehicles
Figure 8 provides a sampling of branded dealership design that may be similar to the Project.
Figure 8: Sample Designs of Branded Auto Dealerships
Materials and colors used should integrate with the overall appearance of Highway 111, while
allowing the user to incorporate necessary brand recognition strategies.
4.8.2 Residential
The buildings constructed on the site should generally have a Desert Modem/Contemporary
character, and maintain a consistent theme carried out by quality materials and imaginative
design that will complement the existing character of La Quinta.
A simple yet strong architectural vocabulary that will rely on strategically placed key details and
the careful selection of landscape materials should define the aesthetics of the development.
Architectural details may include balconies, recessed openings, low walls, courtyards, and
awnings. Other salient characteristics of the architectural character may include features such
as:
Architectural design that is unique in character, but consistent with surrounding area;
The use of articulated facades with balconies and patio areas; ,...
grey OF LA QUINTA
• Shaded walkways and sunscreen eyebrows;
• Building integration with drought tolerant landscaping, such that the architecture
appears as an extension and outgrowth of the landscape;
• Site planning and building designs that should be sensitive to views, privacy, adjacent
developments, and a coherent, multi -modal circulation network; and
■ Mechanical elements of the buildings will be screened from view by walls, fences or
landscaping.
Selected materials and color palettes should complement the overall design of the
community and Integrate with the neighboring developments to the highest degree
feasible.
4.9 LANDSCAPING
The landscape concept follows functionality, emphasizing water efficient materials coupled with
technologically advanced methods for ensuring the most efficient application of irrigation. Some
interior spaces, primarily open space portions of the residential community, will include some
turf landscaping for recreational purposes. Interior streetscapes may also incorporate a street
tree program to provide shade for pedestrians and contribute to the overall feel of the
community. Other portions of the site will incorporate drought -tolerant plant types consistent
with Coachella Valley Water District guidelines.
Irrigation of all landscaping shall be carefully monitored to ensure water use efficiency.
4.9.1 landscaping Guidelines
Landscape - plans shall be approved through the Ciry's site development permit process.
Landscaping':features may include:
• ' Native/drought tolerant plants and • Turf in limited areas
trees • Trellising of climbing flora
Accessories to landscaping and open space design may include:
■ Benches • Screening walls
• Shade structures • Meandering walkwaystpaths
• Barbeques ■ Tot lots/play equipment
In addition to the plant palette and other allowable landscaping fixtures, the Project shall be
designed to be consistent with the City's Water Efficiency Ordinance (LOMC 8.13) and
incorporate the following features.
• Ground cover should be used to protect soil from erosion, including gravels, rocks, or
plant materials.
■ Plant materials should be located and designed to avoid interfering with motorist
sightlines.
• A variety of plant and groundcover colors, heights, and textures should be used to
provide visual stimulation.
■ Landscaping along Highway 111 should integrate with adjacent frontages and conform
to specific City guidelines (Highway 111 Design Guidelines) to provide continuity.
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CITY OP LA QUINTA
• Utility equipment and trash containers should be screened from view.
4.10 EFFICIENCY MEASURES
Internal as wail as exterior building designs and construction practices shall be guided by the
desire for long term energy efficiency to the highest degree feasible. Efficiency measures
associated with site design or building fixtures should enhance the appearance of the
community and integrate with the architecture. The Project shall utilize design, construction,
and operational measures to achieve the intent of the U.S. Green Building Council's Leadership
in Energy and Environmental Design (LEED) standards or comparable industry standards for
new construction. Such measures should include:
• Exceeding the California Code of Regulations Title. 24 requirements at the time of
building permit issuance by 20%
• Energy efficient appliances and energy saving light bulbs
• Water efficient appliances and other water conservation techniques
■ Drought tolerant landscaping as discussed above, along with efficient irrigation methods
■ Efforts to reduce greenhouse gas emissions
■ Features to encourage alternative forms of transportation such as:
• Easy and safe pedestrian access to neighboring developments and public
transportation
Bicycle racks
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SECTION 5: SPECIFIC PLAN ADMINISTRATION
The Plan is intended to be predominantly a policy document, though it does serve certain
regulatory functions with respect to permitted uses and development standards. As such,
administration of the Plan shall be guided by the following information.
5.1 ADMINISTRATION
The City shall administer the provisions of the Plan in accordance with the Governmentthe Subdivision Code,
shall oversee and aenforcehthe site development standards anGeneral Plan and the d The
design guidelines set Department
by
this document.
Any administrative interpretation of the Plan may be appealed to the Planning Commission.
Any decisions of the Planning Commission may be appealed to the City Council.
Development procedures, regulations, standards and specifications contained in the Plan shall
supersede the relevant provisions of the LQMC, as they currently exist or may be amended in
the future. Any development regulation or building requirement not addressed in the Plan shall
be subject to all relevant City ordinances, codes and regulations.
5.2 DEVIATIONSIAMENDMENTS
Any changes to this document, or to projects considered for entitlement pursuant to this
document, shall be reviewed to see if they require an amendment to the Plan.
If the Planning Director determines that the deviation (a) is minor, (b) will not result in a
significant change to the projects as originally envisioned, and (c) is in compliance with the
spirit and intent of the Plan, the Director may approve the deviation, based on findings to that
effect that shall be documented in the project file.
Any amendment to the Plan shall be processed in accordance with Government Code Section
65453 and LQMC Section 9.240.010.
5.3 SEVERABILITY
All regulations, conditions, and programs contained herein shall be deemed separate, distinct,
and independent provisions of the Plan. In the event that any such provision is held invalid or
unconstitutional, the validity of all the remaining provisions of the Plan shall not be affected.
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CITY OF 4A QUINTA
SECTION 6: RELATIONSHIP TO LA QUINTA GENERAL PLAN POLICIES
The following section identifies goals, policies, and programs in the La Quints. General Plan that
are applicable to the Highway 111/Dune Palms Multi -use Project, followed by a response
indicating compatibility and/or consistency.
6.1 LAND USE GOALS, POLICIES AND PROGRAMS
Policy 5: "All land use development proposals shall be consistent with all applicable land use
policies and standards contained In the General Plan"
The Plan is consistent with the General Plan.
6.2 RESIDENTIAL GOALS, POLICIES AND PROGRAMS
Goal 1: "The maintenance and protection of residential neighborhoods to assure that future
housing needs are met."
The Plan proposes up to 200 units of housing to meet the City's needs in accordance
with the City's 2009 Housing Element Update.
Goal 2: "A broad range of housing types and choices for all residents of the City."
The Plan proposes low-, very -low, and potentially moderate -income housing units.
There are a limited number of high density multi -family housing units in La Quinta. The
proposed development will provide additional units of this type and it is intended that
these units will quality toward the City's 2008-2014 Regional Housing Allocation Number
as recognized in the City's 2009 Housing Element Update.
Policy 2: "Encourage compatible development adjacent to existing neighborhoods and
infrastructure."
Although the site is not immediately adjacent to residential neighborhoods, the Plan
proposes building heights and site design to complement and be compatible with the
surrounding areas. Infrastructure facilities are readily available to serve the site.
Policy 5: "The City shall maintain residential development standards including setbacks, height,
pad elevations and other design and performance standards which assure a high quality of
development."
The proposed housing will meet all development standards as set forth by the City and
identified in the Plan.
6.3 ADEQUATE HOUSING RESOURCE GOALS, POLICIES AND PROGRAMS
Goal 1: "Provision of a diversity of housing opportunities that satisfy the physical, social, and
economic needs of existing and future residents of La Quinta".
The proposed Project will create new housing opportunities for existing and future
residents of la Quinta. In accordance with the City's 2009 Housing Element Update, the
units will qualify toward the City's 2008-2014 Regional Housing Allocation.
Program 1.4: "Direct new housing development to viable areas where essential public facilities
can be provided and employment opportunities, educational facilities, and commercial support
are available."
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CITY OF LA QVINTA
The proposed Project is located within close proximity of employment opportunities,
educational facilities and commercial support.
Program 1.6: "Develop Medium, Medium High and High Density residential uses in the
appropriate designations as well as in locations within the Mixed/Regional Commercial and
Village Commercial designations that enhance creative site planning, promote the mixed -use
concept where applicable, provide opportunities for affordable and/or employee housing,
facilitate the efficient use of public facilities, and support alternative transit modes! .
The proposed Project is High Density affordable housing and includes a community
center with multiple uses. it is within walking distance of shopping, employment and
transit service.
Program 3.2: "Encourage a mixture of diverse housing types and densities in new
developments guided by Specific Plans, around the Village and within the Mixed/Regional
Commercial area to enhance their people orientation and diversity through provision of
incentives use of density transfer and density bonus provisions"
The Plan prepared for the Project is within a Regional Commercial area and provides
high -density residential housing types.
Program 3.6: "Apply shared parking provisions in mixed -use areas as a part of the Village
Commercial and Mixed/Regional Commercial designation, and reduced parking requirements
for assisted housing devoted to Low and Very Low income households, and/or seniors, as well
as second units for seniors and the disabled where applicable."
The Plan allows for reduced parking requirements for low- and very low- income
households.
6.4 AFFORDABLE HOUSING OPPORTUNITIES GOALS, POLICIES AND PROGRAMS
Goal 2: "A variety of housing opportunities that accommodate the needs of all income levels of
the population."
The proposed Project accommodates very low-, low-, and potentially moderate -income
levels. The units will qualify toward the City's 2008-2014 Regional Housing Allocation
Number as recognized in the City's 2009 Housing Element Update.
Program 1.3: "Continue to stimulate private developer and non-profit entity efforts in the
development and financing of Low and Moderate income housing, utilizing the Redevelopment
Set Aside Housing Fund or other resources available such as HOME funds, CHFA Single
Family and Multi -Family programs; HUD Section 208/811 loans and HOPE II and III
Homeownership programs to partially support the project. The City shall hold workshops and
pre -development meetings with the prospective proponents of affordable housing to advertise
the potential types of financial incentives available and the types of project characteristics
considered for assistance, in addition to expanding their website to include a summary of
available assistance programs and requirements".
The project developer is an experienced developer of affordable housing and is familiar
with available financial resources. The City has assisted the Project with the use of
Redevelopment Housing Fund revenue.
CITY OF LA QVINTA
6.5 HOUSING ELEMENT GOALS, POLICIES, AND PROGRAMS®
Goal 1.1: "Provide housing opportunities that meet the diverse needs of the City $ existing and
projected population'
The expansion of affordable housing will provide greater housing opportunities and
options for residents consistent with the City's 2009 Housing Element Update.
Policy 1.2: "Focus housing growth within existing City boundaries until it is necessary to pursue
annexation or development in planning areas for affordable housing."
The proposed residential development is within the existing boundaries.
Policy 1.3: "Direct new housing development to viable areas where essential public facilities
can be provided and employment opportunities, educational facilities, and commercial support
are available."
The Project location is near a major commercial corridor (Highway 111), and there are
many employment opportunities and commercial support facilities,
Goal 2.1: "Assist in the creation and provision of resources to support housing opportunities for
lower and moderate income households!
The Agency's and City's assistance will result in a residential component that will be
entirely affordable to very low-, low-, and potentially moderate -income households.
Policy 2.2: "Support public, private, and nonprofit efforts in the development of affordable
housing"
The Agency and City have partnered with a private developer for the creation of the
affordable residential community.
Policy 6.1: "Promote higher density and compact developments that increase energy efficiency
and reduce land consumption."
The Plan facilitates up to 20 dwelling units per acre, minimizing certain impacts and land
consumption.
6.6 COMMERCIAL GOALS, POLICIES AND PROGRAMS
Program 1.2: "The City will encourage an integration of a wide range of support services at
employment centers, including child care, occupational health, fitness facilities and
convenience retail shops."
The Plan allows for recreational facilities, and is located adjacent to a retail center
offering employment opportunities.
6.7 OTHER LAND USE GOALS, POLICIES AND PROGRAMS
Goal 2: "The preservation of open space and recreational resources as a means of preserving
and enhancing the quality of life and economic base of the City."
Open space will be a focal point of the residential development and include a variety of
recreational opportunities.
e City of La Quints, General Plan Housing Element, State of California Department of Housing and
.....Community Development Review Draft, August 12, 2009. 3 � `_
0". OF LA puINTA
Program 3,3: "The City shall encourage the use of native landscaping and "links" golf courses
which preserve natural open space areas"
The Plan includes a landscape palette that emphasizes native and other water efficient
planting types.
Policy 4: "The City shall continue to include park facilities planning in neighborhood planning
efforts."
The Plan proposes facilities within the open space which may include a tot lot and pool
to satisfy some of the recreation needs of the residents of the site.
6.8 TRAFFIC AND CIRCULATION GOALS, POLICIES AND PROGRAMS
Program 2.3: "On Major Arterials, the minimum intersection spacing shall be 2,600 feet in
residential areas, and may be 1,060 feet for commercial frontage. Intersection spacing may be
reduced to 500 feet at the Whitewater Channel and La Quints Evacuation Channel. The design
speed shall be 60 miles per hour. Left turn median cuts may be authorized if turn pocket does
not interfere with other existing or planned left turn pockets. Right in/right out access driveways
shall exceed the following minimum separation distances (in all cases, distances shall be
measured between the curb returns):
• more than 250 feet on the approach leg to a full turn intersection;
■ more than 150 feet on the exit leg from a full turn intersection;
more than 250 feet between driveways
All access configurations shall require City Engineer review and approval."
The Plan recognizes Highway 111 to be a Major Arterial and Dune Palms Road to be a
Primary Arterial. The Traffic Study identifies intersection design and spacing.
Program 2.4: "On Primary Arterials, the minimum intersection spacing shall be 1,060 feet. The
design speed shall be 50 mph. Left turn median cuts may be authorized if turn pocket does not
interfere with other existing or planned left turn pockets. Right infright out access driveways
shall exceed the following minimum separation distances (in all cases, distances shall be
measured between the curb returns):
■ more than 250 feet on the approach leg to a full turn intersection;
■ more than 150 feet on the exit leg from a full turn intersection;
more than 250 feet between driveways
All access configurations shall require City Engineer review and approval."
The Plan recognizes Highway 111 to be a Major Arterial and Dune Palms Road to be a
Primary Arterial. The Traffic Study identifies intersection design and spacing.
Policy 4: "Encourage expansion of ridership and the service area of the public transit systems
operated by the Sunline Transit Authority within the City.
The Plan proposes residential development and employment opportunities within
walking distance of Sunline Transit routes and stops.
Program 5.1: "In order to locate jobs and housing near each other to reduce shorter work
commutes, make a concerted effort to increase City -based employment; encourage mixed -use
development with a residential component contiguous with or near to employment centers;
.��,_ 373
CITY OF LA QUINTA
facilitate use of the City's home occupation ordinance; and encourage major employers to
evaluate telecommuting opportunities, either home -based or at local centers, as well as part-
time options for employees."
The Plan proposes a residential development near employment centers along the
Highway 111 corridor.
Policy 13: "Continue to implement the image Corridors in the City, and identify new image
corridors for streets brought into the City through annexation."
The Plan recognizes that both Duna Palms Road and Highway Ill are Image
Corridors, and includes revised Image Corridor setbacks and height standards.
Policy 15: "The City shall maintain building height limits along Primary, Secondary and Agrarian
Image Corridors in its Development Code"
The buildings will be limited in height according to current standards.
6.9 OPEN SPACE ELEMENT GOALS, POLICIES AND PROGRAMS
Policy 7: "The City shall encourage the preservation of open space in privately owned
development projects"
The open space in the residential segment proposed in the Plan accounts for more than
30% of the total area.
6.10 PARKS AND RECREATION ELEMENT GOALS, POLICIES AND PROGRAMS
Goal 2: "Sufficient parkland and recreational facilities to meet the active and passive
recreational needs of all residents and visitors."
The Plan proposes open space and several recreational facilities throughout the
development to serve Project residents.
6.11 ENERGY AND MINERAL RESOURCES GOALS, POLICIES AND PROGRAMS
Policy 1: "The City shall encourage the incorporation of energy conservation features in the
design of all new construction and the installation of energy -saving devices in existing
development."
The Plan identifies energy conservation opportunities.
Program 1.2: "Passive design concepts which increase energy efficiency, such as the use of
landscaping materials and site orientation to provide shade and windbreaks, shall be
encouraged"
The Plan identifies design standards that incorporate active and passive features to
increase energy efficiency.
6.13 BIOLOGICAL RESOURCES GOALS, POLICIES AND PROGRAMS
Policy 2: "Staff shall review all development applications for vacant land for their potential
impacts to existing wildlife and habitat. Agricultural lands shall be exempt from this requirement,
except as described"
A biological survey has been completed for the Project site.
<, ".. 31`4
CITY OF LA QVINTA
Policy 3: "Native, drought -tolerant desert plant materials shall be Incorporated Into new
development to the greatest extent practical. Invasive, non-native species shall be
discouraged."
The Plan provides for the use of native, drought -tolerant plants as noted in Section 4.9
of this Plan.
6.14 PALEONTOLOGIC RESOURCES GOALS, POLICIES AND PROGRAMS
Goal 1: "The identification and preservation of significant paleontologic resources which occur
in the City."
A paleontologic study has been performed for the site.
6.15 WATER RESOURCES GOALS, POLICIES AND PROGRAMS
Policy 1: "The City shall support the Coachella valley Water District in its efforts to supply
adequate domestic water to residents and businesses."
The Project area will be adequately served by the Coachella Valley Water District.
6.16 SURFACE WATER & STORM DRAINAGE GOALS, POLICIES AND PROGRAMS
Policy 2: "All drainage facilities identified in the Comprehensive Drainage Master Plan? shall be
constructed to conform to the requirements and standards of the city and CVWD"
Drainage facilities will be in conformance with all applicable city and agency standards.
Policy 3: "Ail new development shall include on -site retentionidetention basins and other
necessary storm water management facilities to accommodate runoff from the 100-year storm."
The Plan addresses storm water management facilities within the Project area.
Policy 4: "The City shall assure that roadway storm water facilities are designed, constructed
and maintained in a manner which eliminates standing water and flooding"
All roadway storm water facilities will conform to City standards.
6.17 DOMESTIC WATER GOALS, POLICIES AND PROGRAMS
Policy 1: "The City shall assure that adequate, high -quality potable water supplies and facilities
are provided to all development in the community."
The Coachella Valley Water District will serve the Project area with potable water.
6.18 SANITARY SEWER GOALS, POLICIES AND PROGRAMS
Policy 1: "The City shall assure the provision of adequate sanitary sewer collection and
treatment services and facilities to all development in the community"
The Coachella Valley Water District will provide adequate sanitary sewer services to the
Project area.
City of La Quinta, Master Drainage Plan, March 2009.
37
CITY OF LA QUINTA
6.19 PUBLIC UTILITIES GOALS, POLICIES AND PROGRAMS
Policy 3: "AII utility and electric wires up to 34.5 kilovolts serving new development shall be
installed underground."
All utility and electric wires will be installed underground.
Program 4.1 "To the greatest extent practical, all new utility equipment boxes, including but not
limited to traffic signal equipment, and electrical and telephone equipment, shall be located
either underground, or away from street comers and effectively shielded from public view.
Undergrounding of these facilities is preferred"
All utility equipment boxes will be underground to the greatest extent practical.
Program 1.2: "The Building Department shall ensure that all plumbing fixtures in new
development and remodeling projects conform to applicable California statutes and codes
especially dealing with water saving fixtures.
The residential development will implement water saving features, including appliances,
as applicable.
Policy 6: "All development plans shall be reviewed for their potential to create surface and
ground water contamination hazards from point and non -point sources.
The contamination hazards were evaluated in the EIR.
6.20 HAZARDOUS MATERIALS GOALS, POLICIES AND PROGRAMS
Policy 4: "To reduce the potential impacts of subsurface sewage disposal systems on human
health and the environment, the City shall encourage, to the greatest extent practical, the
connection of new development to the Coachella Valley Water District's sewage collection
system."
The development will be connected to the Coachella Valley Water District's sewage
system.
6.21 GEOLOGIC AND SEISMIC HAZARDS GOALS, POLICIES AND PROGRAMS
Policy 5: "To minimize the hazards associated with groundshaking and other seismic events, all
new structures shall be built in accordance with the latest version of the Uniform Building Code
(UBC) and/or Intemational Building Code."
All buildings shall comply with the Uniform Building Code as adopted by the City of La
Quinta.
Policy 9: "All new development shall be required to minimize, to the greatest extent practical,
blows and other wind erosion hazards affecting properties downwind."
The Plan addresses wind and erosion control on the site and will minimize effects to the
greatest extent practical.
6.22 FLOODING AND HYDROLOGY GOALS, POLICIES AND PROGRAMS
Policy 5: "Drainage policies and development standards shall provide for a reduction in runoff
from developed lands and shall be consistent with local and regional storm water management
plans"
The City and CVWD are working together to implement runoff reduction.
R 376
CITY OF LA QUINTA
Program 5.1: "At the discretion of CVWD, new development shall continue to be required to
construct on -site retention/detention basins and other necessary storm water management
facilities that are capable of managing 100-year storm water flows. New development
immediately adjacent to the Coachella Valley Storm Water Channel shall continue to have the
option of discharging 100-year storm water flows directly into the storm water channel."
The City and CV►ND have agreed to adequate management of site drainage.
6.23 NOISE GOALS, POLICIES AND PROGRAMS
Policy 1: "The City shall maintain noise standards in conformance with the Table 8.1,
Community Noise and Land use Compatibility.
The proposed Project will conform to at/ City noise standards.
6.24 HISTORIC PRESERVATION GOALS, POLICIES AND PROGRAMS
Program 3.2.1: "Require all proposed project sites to be surveyed by a qualified archaeologist,
historian, and/or architectural historian, as appropriate, to identify any pot
ential tural
resources that may be affected, unless the preponderance of the evidence demonstrates that
such survey is unnecessary°.
An archaeological study was performed for the site.
37
f
CITY OF LA QUINTA
APPENDIX A. PROPOSED DEVELOPMENT DESCRIPTION
The Plan has been written to provide guidelines for the development of an approximately 10
acre commercial site and a 10 acre residential site with a new public roadway. At the time the
Plan was written, the Agency was the property owner and development plans for the Project
were not yet fully determined. The information contained In this Appendix provides a brief
overview of the development likely to be implemented, based upon current Agency agreements
and discussions,
A.1 PROPOSED PROJECT DESCRIPTION
The proposed development described in this section meets the objectives and intent of the
Plan, envisioning an automobile sales and service development on the northern portion of the
site and an affordable rental housing community to the south as described below. As described
in the Plan, the proposed Project will require the construction of new public roadway, "A" Street,
extending east -west through the site, to be classified as a Local Roadway, requiring
approximately 2.14 acres of the Project's total 22 acres. "A" Street will intersect with Dune
Palms Road at a new signalized intersection at the southwestem comer of the Project site, then
traverse the western and northern borders of the residential component, terminating to the east
into the neighboring Komar/Costco commercial development. "A" Street serves as a boundary,
separating the two land use components of the project.
A.1.1 Auto Commercial Concept
The proposed commercial component fronts on Highway 111, and is located directly north of
the residential uses, which will be buffered by "A" Street, as well as appropriate setbacks and
landscaping. The commercial component itself would serve to buffer the apartment homes in
the south from the traffic and noise of Highway 111. The primary use permitted in the Plan is
the sale and service of automobiles, thus two to three dealerships are proposed; utilizing a
shared entry from Highway 111. It is proposed that the dealerships will be new to the east
Coachella Valley, and the location will provide convenient sales and service for residents of La
Quints and the greater area.
The main entrance to the commercial component is envisioned from Highway 111 and would
culminate in a roundabout feature directly south of the driveway entrance, in front of the
dealerships. This entry will generally be reserved for customers, although it also allows access
to a perimeter aisle which circumnavigates the parcel and provides limited access to "A" Street.
Delivery and service trucks will enter from a secondary entrance east of the main drive on
Highway 111. This second entry will provide more direct access to the southern end of the
parcel where parts and automobiles will be delivered.
The commercial site is anticipated to be developed in two phases. The first phase will be the
construction of two buildings - one on the east and one of the west side of the roundabout -
each of which will house dealership showrooms and offices, service bays, parts storage, and
small boutiques for branded accessories and merchandise. During the first phase, the
dealerships will likely focus on brand certified, pre -owned vehicle sales and vehicle service.
The parking and delivery areas, as well as all lot grading, will be completed during phase one.
The second phase of construction, expected to take place approximately five years after the
first phase, will add a third building at the southern point of the roundabout to accommodate a
third dealership. The existing dealerships would at that time be modified to include new
vehicles sales as well as the certified pre -owned vehicles. Any necessary re -alignment of
it _ i%iiL' ro" 378
CITY OF LA QUINTA
parking and/or delivery areas on the southern end of the parcel will be completed during the
second phase of construction.
The architectural designs and stylistic tones of the dealerships will be visually appealing and
compatible with other Highway 111 uses, while conveying the images of the respective
corporate affiliations. Appropriate signage and brand images will be incorporated into the final
design of the commercial development such that the needs of the automobile franchises are
met, while the high aesthetic standards of La Quinta are adhered to.
A.1.2 Residential Concept
The proposed residential component will provide highly desirable affordable housing for
singles, couples and families with children, with a variety of unit sizes to accommodate the
needs of future residents. Up to 200 apartment homes will be designed to reflect a Desert
Modem architectural style, which features clean lines and colors to complement the desert's
beauty, as well as energy and water -saving features to enhance sustainability and lower
service costs to residents. Many of the buildings contain a mix of unit sizes and heights, not to
exceed two stories. Units would range from one to three bedrooms with a minimum size of 700
square feet and an estimated average size of 900 square feet. Buildings are proposed to be
primarily arranged in groupings to create a series of open spaces buffered from parking areas,
which will improve the safety of children at play and reinforce the pedestrian character of the
development. The overall site plan would maintain stylistic elements visually similar to those in
other areas of La Quints, including meandering paths, drought resistant landscaping, and
compatible building design and detailing.
Because of the noise environment along the south edge of the residential development
stemming from the DSUSD bus yard, the proposed footprints of the buildings have been
designed so that they form a barrier or sound attenuation feature along the southern boundary.
The buildings immediately adjacent to the DSUSD property will be designed and built with extra
insulation/sound absorbing features along the southernmost walls to ensure that interior noise
levels meet City standards, notwithstanding the daily safety checks of the bus homs.
The Desert Modem architectural style of the residential development may be characterized by
elements such as:
• Articulated facades ■ Sunscreen eyebrows
■ Primarily horizontal emphasis • Flat roofs
■ Balconies and patio areas ■ Shaded walkways
The Desert Modem style compliments surrounding uses, while incorporating a contemporary
lifestyle image that will harmonize with the surrounding commercial uses.
A.1.2.1 Open Space and Recreation
The residential component is designed to maximize open space and areas for landscaping in
order to create a livable, enjoyable environment. To balance between function and aesthetic
features, buildings will be largely oriented towards open spaces and an activity area that is both
safe for children and visually appealing. The key central open space will extend .through the
center of the residential site, from near the southwestern entrance near Dune Palms Road
toward the northeastern comer of the Project before A Street meets the Komar/Costo site. This
is the primary recreational area within the development and will be the only area .where turf
landscaping in play areas will be implemented. The site design provides for ample drought-
U... 379
CITY OF LA QUINTA
tolerant landscaping throughout the development. It is anticipated that roughly four acres of the
residential site will have landscaping of some kind. To minimize water usage but still offer
ample play areas for children, turf is expected to be used only in strategic play areas and kept
to a minimum to reduce water demand of the site. In total, under one acre of turf is anticipated.
The remaining open space, as well as the pan handle, will be landscaped with native and
drought tolerant plantings. Trees may also be strategically located within the residential
component.
The centralized open space core is proposed to be anchored by a pool and community center
in the southwestern area. Other features may include pedestrian walkways leading through the
central landscaping and turf areas, passive recreation areas, a tot lot, BBO's, shade structures,
places to sit, or a community garden. This environment will encourage residents to enjoy
outdoor activities and allow space for adults to supervise children at play. Additionally, if
needed, the area provides the necessary emergency access for public safety vehicles.
A.1.2.2 Community Center
A community center for the development is proposed on site for the benefit of the residents.
The community center would likely be located near the main entrance to the residential
community to allow current and potential residents easy access to the leasing office. In addition
to management offices, the center may include meeting rooms, a computer room, game room
and a checkstand or similar facility for pool and recreational equipment. The meeting rooms
may be reserved by residents and used for a variety of needs such as club meetings or tutoring
sessions. Restrooms will also be available for residents enjoying the adjacent pool area.
r--
ewz, '
„ ,, 380
CITY OF LA QVINTA
ATTACHMENTS
Attachment A: Resolutions and Conditions of Approval
ATTACHMENT 2
DRAFT ENVIRONMENTAL IMPACT
REPORT
(Distributed to Council Only)
(Available for Review in the
City Clerk or
Planning Departments)
382
ATTACHMENT# 3
(Excerpt) MINUTES
PLANNING COMMISSION MEETING
A regular meeting held at the La Quinta City Hall
78-495 Calle Tampico, La Quints, CA
April 27, 2010
V. PUBLIC HEARINGS:
C. Specific Plan 2008-085 and Environr
request by the City of La Quinta for
for the development of up to 200 afi
and 82,000 square feet of automob
located south of Highway 111 betwei
Drive.
Planning Manager David Sawyer pros
which is on file in the=Planning Depart
Vice Chairperson
for
City of
7:00 P.M.
� nav rr C�sment cvvts-Oyy; a
nsideraiion of a Specific Plan
]able residential dwelling units
,sales and related uses to be
Dune Palms Road,and Costco
the staff report, a copy of
re were any questions of staff.
of items listed in the
Consultant,Nicole,;Criste, Terra Nova, Terra Nova Planning & Research,
400 S. Farreli"Dnve;,Suite B-205, Palm Springs, CA introduced herself
and provided:the Commission with an explanation of the response
being provided to,the City of Indio. She also explained the seasonal
adjustment'regwrerrient, the City has and how that results in a high
traffic count :as identified by the City of Indio.
ier' Weber commented on traffic volume, during extreme
iffic from nearby festivals, and wondered if the 40% figure
gh. He also wanted to know if Polo Square had been
that number.
Consultant Criste further explained the rationale for the seasonal
adjustment and said it reflected a more accurate standard if it needed
to come down. She added that the cumulative project analysis
included a number of projects approved by both La Quinta and Indio
which included Polo Square, that were not yet constructed.
33
Planning Commission Minutes
April 27, 2010
Commissioner Weber asked if there would be new signalization along
Highway 111 and Dune Palms. Staff said there is a right -in right -out
environment only for the commercial use along Highway 111 and a
signal would be added at the southern entrance to Sam's Club, linking
up with the proposed "A" Street. That would eliminate the most
northerly driveway serving the Desert Sands School District
Administration offices.
Commissioner Weber provided general review -comments on turf,
energy efficiency, sustainability, and LEED design in reference to the
RSG April 2152 submittal.
Commissioner Quill asked why the 'City °"decided -tq- cJo a full draft
environment impact report versus a typical negative--, declaration.
Consultant Criste replied that thej.initial study triggered an EIR:
Commissioner Quill asked if a Statement of Overriding Consideration
was included. Consultant Criste responded one is included for the
Council to decide upon ",
Commissioner Quill asked how many�,Overriding points there were to
consider. Consultant Criste` said. two; traffic long-term and
tl,cumulative, 'which included other projects and named the areas of
inclusion:
Commissioner Quill was very pleased with the housing project and its
,walkability, buf.asked why -part of it was designated as an auto center
and what would:happen if those plans changed. Staff explained there
was long-standing interest from a high -end auto dealership and briefly
explained what would happen if those plans changed.
Commissioner.Quill said he was glad there were no Statement of
Overriding Considerations on the GHG issues and asked if there had
bean..a`-study done to prove that the City was under the requirements
of AB`32 ' Consultant Criste said yes.
Commissioner Wilkinson asked about gated access at the south end
and security for the auto dealership. Staff said it had not been
determined if the proposed access off of "A" Street would be opened
for general retail activity and explained the proposed delivery traffic
circulation patterns; pointing out the restricted emergency and service
access point as well as the current driveway proposal.
-2- S... 334t
Planning Commission Minutes
April 27, 2010
Commissioner Weber asked about possible locations where a truckload
of automobiles could enter. Staff said access would be provided via
the Komar site to the east or off of Dune Palms via "A" Street and
enter the site from the southwest.
Commissioner Weber asked about security for the automobile sales
use. Staff said that would be an item to be determined as part of the
Site Development Permit review.
Discussion among Commissioners followed regarding walled versus
pedestrian -friendly connected communities; including comments on
how to design a friendly, safe, and cor`nfortable sidewalk area.
Discussion among Commissioners then followed on the -,delivery and
emergency areas of the project as .,well as. the possibility of more
traffic being relocated to the "A" Street'access.
Staff responded by pointing out the following, items:
1. The number of large truck.dalive ries would not be significant, if
this becomes an auto center, wifh,,most deliveries being done
by UPS -sized trucks
2. "A" Street would be a; realigned access point for the School
`District busses and other vehicles with potential of those
vehicles, during peak hour movements being of greater impact
5
y thin 'hrnetF�inrr vlE�. _
The, noise sensitivity issue between the residential and the
School District „would require mitigation measures to minimize
the rjose levels'fo an acceptable level;
It is na, anticipated that "A" Street would become a truck route
of significance, other than for auto deliveries;
Larger. delivery trucks would be discouraged from crossing the
Komar/Costco commercial site as it is already fairly heavily
used. The people visiting the Komar/Costco commercial site
will have the ability to use "A" Street which should help
alleviate trips off of Highway 111.
Commissioner Wilkinson asked where the buses were entering and if
that was taken into consideration during the traffic study. Consultant
Criste pointed out the bus entrance, explained what had been included
in the traffic study, and how the existing northern driveway would be
3_ 38
Planning Commission Minutes
April 27, 2010
eliminated. She then noted the new access and traffic flow pattern
for the site.
Staff added the importance of this access was that it would be a
signalized intersection eliminating the problem of the buses waiting 'as
they entered/exited the School District site. A signalized intersection
would be a better long-term solution for the School District; as well as
being a better, safer environment for everybody,. >
Discussion followed regarding the effect of the bus trips, time of day
and the possibility of potential traffic jams; ., Consultant Criste
explained how the off-peak hours .minimized " any potential traffic
problems.
Commissioner Wilkinson saic
problem than the traffic issue.
was the unsignalized existing
safety improvement. :
Commissioner Quill ask
original design. Consu
responsive to safety and
was probably"'a bigger
led that the ♦greater.issue
creating a much needed
layout was changed from the
aid the new design was more
Commissioner Quill said there would be a fairly significant open -space
lot to the north ofthe new road. alignment and asked if that would be
City-owned".property..,Staff said' it would be and then discussed the
potential of utilising a portiorrof that for retention/detention purposes,
and tb,)encoueage„pedestrian connectivity, on the north side, out to
Dune Palms.
There being ` no further questions of the staff, Vice Chairperson
Barrows asked if there was any public comment.
There being no additional questions, or public comment, Vice
Chairperson Barrows opened the matter for Commission discussion.
There was no further discussion and it was moved and seconded by
Commissioners Weber/Wilkinson to adopt Resolution 2010-014
recommending approval to Council of Specific Plan 2008-085 and
Environmental Assessment 2008-600 as submitted. Unanimously
approved.
386
e�
ATTACHMENT 4
.4
CITY OF LA QUINTA
RIVERSIDE COUNTY, CALIFORNIA
FINAL
ENVIRONMENTAL IMPACT REPORT
(SCH## 2008101109)
DUNE PALMS DRIVE &
HIGHWAY 111 SPECIFIC PLAN
Prepared For
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
Prepared By
I
L -A Tema Nova Planning & Research, Inc.
400 South Farrell, Suite B-205
Palm Springs, CA 92262
April 2010
TN/City of La Quinta
y Dune Palms Drive & Highway I I I Specific Plan Final EIR
Resoonse to Comments on Draft EIR
FINAL EIR
RESPONSE TO COMMENTS
ON
DRAFT
ENVIRONMENTAL IMPACT REPORT
FOR THE
DUNE PALMS DRIVE & HIGHWAY 111 SPECIFIC PLAN
April 30, 2010
STATE CLEARINGHOUSE NO.2008101109
AGENCY COMMENTS/RESPONSE TO COMMENTS
The Response to Comments on the Draft EIR for the Dune Palms Drive and Highway 111 Specific
Plan has been prepared in accordance with Section 15088, 15089 and 15132 of the California
Environmental Quality Act (CEQA) Guidelines. The following agencies and interested parties
have commented on the Draft EIR. Please note that Section I contains verbatim comments from
agency and other interested parties, and subsequent responses. Section II contains the full text of
commenting agency correspondence.
SECTION I:
AGENCIES/PARTIES
PAGE
A. Riverside County Fire Department 4
B. SunLine Transit Agency 5
C. City of Indio 6
D. Native American Heritage Commission 10
E. Department of Toxic Substance Control 13
F. State of California Governor's Office of Planning and Research 16
SECTION II:
A. Riverside County Fire Department
B. SunLine Transit Agency
C. City of Indio
D. Native American Heritage Commission
E. Department of Toxic Substance Control
F. State of California Governor's Office of Planning and Research
2
388
TN/City of La Quints
i Dune Palms Drive & Highway I I I Specific Plan Final EIR
Response to Comments on Draft EIR
SECTION I
RESPONSE TO COMMENTS
The following verbatim comments were received on the Draft EIR transmitted to various public
agencies and interested parties. These comments concern aspects of the Draft EIR, including
clarification of information, adequacy of analysis, and similar issues. Related comments may
occasionally be combined to allow one response to address these related questions. The following
responses have been prepared to address issues raised in the agency/interested party comments.
3
389
TN/City of La Quinta
k Dune Palms Drive & Highway 1 I l Specific Plan Final EIR
Response to Comments on Draft EIR
A. Riverside County Fire Department
A.I. Comment: With respect to the referenced project, the Riverside County Fire Department has
no further comments. All of the impacts have been adequately addressed.
A.I. Response: Comment noted.
A.2 Comment: The California Fire Code outlines fire protection standards for the safety, health,
and welfare of the public. These standards will be enforced by the Fire Chief.
A.2. Response: Comment noted. The City will continue to coordinate with the Fire Department as
specific projects are proposed within the Specific Plan boundary, and will
incorporate the Department's requirements into project plans and conditions of
approval.
a
3g0
TN/City of La Quinta
r Dune Palms Drive & Highway I I I Specific Plan Final EIR
Response to Comments on Draft EIR
B. SunLine Transit Agency
B.1. Comment: Based on our review of existing transit amenities in the vicinity, SunLine
currently provides service along Highway 111, served by Line 111, approximately
a tenth of a mile from the project site. We are not requesting inclusion of any
transit amenities, such as a bus stop or turn out, at the (sic) time. Furthermore, we
offer Americans with Disabilities Act (ADA) Complementary Dial -A -Ride
paratransit service for Coachella Valley residents, who may utilize service for
medical appointments and other activities; this service is only provided for
qualified clients within three-quarters (3/4) of a mile on either side of SunLine
fixed routes.
B.1. Response: Comment noted. The City will continue to consult with SunLine when specific
projects are proposed for the project site, and will have a continued opportunity to
comment on these plans as they move forward.
B.2. Comment: SunLine requests that if the proposed development should impact any bus stops
and/or service provided by SunLine, the developer contact SunLine 15 days prior
to the beginning of construction. This will give SunLine sufficient time to
schedule any adjustments as well as inform passengers of any change in service.
SunLine will continue monitoring development activities within the vicinity of
this project, and work with City staff to require construction of transit amenities
with future developments, if warranted.
B.2. Response: Comment noted. Please see Response B.1., above. The City will coordinate any
road improvements for specific projects within the Specific Plan area with
SunLine to assure that it is aware of any activity in this regard.
391
TN/City of La Quinta
Dune Palms Drive & Highway I I 1 Specific Plan Final EIR
Response to Comments on Draft EIR
C. City of Indio
C.I. Comment: The traffic counts for the analysis were done "off season" (July 2008). Page 31 of
the Traffic Study indicates all traffic counts were factored up by 40% to adjust for
both lower summer volumes and Highway 111 construction which had just begun.
The AM and PM peak hour volumes from the CVAG annual census counts on
Avenue 48 east of Jefferson Street in January 2008 and February 2009 are
identical. In comparison to the July 2008 turning movement count used in the
Draft EIR analysis of Jefferson Street and Avenue 48, the in -season volumes on
Avenue 48 are only 20% more than the July 2008 turning movement counts used
in the analysis. Adjusting the baseline traffic counts up by 40% unnecessarily
inflates the existing traffic volumes, and the volumes used in the analysis of
conditions in 2011 and in 2016.
C.1. Response: Comment noted. The City's Public Works Department published a Technical
Memorandum in December of 2006 — Engineering Bulletin #06-13. That Bulletin
provides direction in the preparation of traffic studies, and establishes standards
for traffic counts to account for the seasonality of the City's traffic volumes. The
Bulletin is applied to all traffic studies prepared in the City, in order to assure
consistency in analysis. Under the current Bulletin's requirements, traffic counts
performed from January 1 through March 31 of any given year can be used
without modification; traffic counts taken in April and November must be
increased 10%; traffic counts taken in May and October must be increased 20%;
traffic counts taken in June and September must be increased by 30%; and traffic
counts taken in July and August must be increased by 40%.
The Bulletin has been updated regularly since 2006, as conditions have changed,
and refinements have been made and implemented. The City regularly monitors
annual growth in traffic volumes through annual counts and now through a system
of cameras which have been installed at a number of intersections. These counts
and monitoring efforts are used to verify the requirements of the Bulletin, and
assure that traffic studies accurately reflect current and anticipated future
conditions. The City averages the volumes over several years, in order to assure
that single year anomalies due to roadway construction or detours, the current
economic downturn and other factors do not unduly influence the data. The
current comparison demonstrates a summer to winter increase of 38%., which was
rounded to 40% for analysis purposes. The use of the 40% increase assures that
the City considers the most conservative analysis in its review of traffic impacts.
Please see Table 1, below, for the current comparison of traffic volumes. As
stated above, the counts are taken from a number of sources, including CVAG,
individual counts performed by the City and traffic consultants as part of project
analysis, and the cameras recently installed in the City.
6 39^.
TN/City of La Quinta
Dune Palms Drive & Highway 111 Specific Plan Final EIR
Response to Comments on Draft EIR
Table 1
,JYYI��{•.a
Street
Summer
Winter
Difference
Jefferson S. of Hwy
16,154 (2005)
28,571 (2005)
-43%
111
Washington Street
25,986 (2008)
39 266(2008)
34%
South of HwyI I I
Dune Palms South of
5,505 (2008)
9,109 (2008)
-40%
Hwy111
Hwy I I I East of Dune
25,345 (2008)
37,539(2009)
-32%
Palms
Jefferson South of
18,194 (2008)
28,891(2008)
-37%
Avenue 48
Miles Avenue East of
5200 (2008)
8,953 (2008)
-41%
Washington
38%
Average
The City will continue to monitor traffic volumes, and will adjust the Bulletin's
requirements based on current data. For the proposed project, however, the City
has utilized the correct threshold of 40%, as demonstrated by actual volume
analysis.
C.2. Comment: Three intersections partially or totally in Indio are included in the traffic analysis
— Highway Ill/Jefferson Street, Highway 111/Madison Street, and Jefferson
Street/Avenue 48. The project does not create any significant impacts in the near
term (2011) at any of these three intersections. However, in the 2016 analysis,
there are significant cumulative traffic impacts caused by the project at Highway
111/Jefferson Street and at Jefferson Street/Avenue 48. Recommended mitigation
measures for both these intersections are faulty as follows:
a. Highway I I I and Jefferson Street — Page III-144 recommends paying a "fair
share" contribution of 3.2% to install eastbound to southbound right turn
overlap phasing (green arrow). This right turn green arrow has been in place
for several years, and right turn green arrow overlaps were added in the other
three directions with the City of Indio's Highway I I I bridge widening project
completed in mid-2009. While the traffic study is. dated July 16, 2009, the
analysis of Highway I I I and Jefferson Street must be updated in the March
2010 Draft EIR to reflect the existing improvements at this intersection that
include two left turn lanes, three through lanes, and a single right turn lane
with green arrow overlap for each leg. The mitigation measure in the Draft
EIR is not appropriate as it already exists, and alternative mitigation for the
cumulative traffic impact must be developed.
C.2. Response: The traffic study was prepared prior. to the improvements on Highway 111, as
stated in the EIR on page III-132. Also as stated in the EIR, the improvements
"address the existing deficiencies" on Highway 111.
7
393
TN/City of La Quinta
Dune Palms Drive & Highway I I I Specific Plan Final EIR
Response to Comments on Draft EIR
The traffic study does consider these improvements in its analysis of opening year
conditions. As shown in Table 6-3 of the traffic study, an acceptable Level of
Service C is achieved at Highway 1I1 and Jefferson Street with the recently
completed traffic improvements. In 2016, however, as no additional
improvements are programmed in either Indio or La Quinta, cumulative growth
results in a Level of Service of F in the PM peak hour at this intersection, with
the improvements which were recently completed (please also see Table 6-10 in
the traffic study). The project is not directly responsible for this deficiency, but
the addition of ambient growth and as yet un-built but approved projects in both
cities leads to a cumulatively significant impact, as correctly identified in the EIR.
The mitigation measure in the Draft EIR addresses Jefferson Street and Avenue
48 (page III-149), not the intersection of Highway III and Jefferson Street.
Further discussion of the Jefferson Street and Avenue 48 intersection is provided
under Response C.3., below.
C.3. Comment: b. Jefferson Street and Avenue 48 — reducing the "off-season"/Highway 111
construction factor of 40% to 20% at this intersection may eliminate the
significant traffic impact and the need for mitigation at this intersection. If a
significant cumulative traffic impact remains, then it may be possible to
mitigate project traffic impacts by either installing only an eastbound right
turn green arrow overlap in the City of La Quinta or by installing only a
westbound right turn lane in the City of Indio. The portion of the mitigation
measure to add the eastbound right turn green arrow in the City of La Quinta
does not require any action from the City of Indio. This improvement can be
implemented at any time by the City of La Quinta, and the project impacts
cannot be considered "significant and unavoidable" if only the eastbound right
turn green arrow overlap mitigates the significant impact.
C.3. Response: Please see Response C.1., above. The City's 40% factor is appropriate, and
supported by multi -year data on traffic growth in the City. A reduction in the
factor to 20% is not supported by the traffic data collected by the City in the last
several years, and would potentially under -estimate the impacts at this
intersection.
Further, as described in Table 6-10 of the traffic study, additional improvements,
beyond those recently completed, would be required at this intersection. They
include a right turn lane within the City of Indio. The City of Indio has no capital
improvement programmed and funded for this improvement, and the City of La
Quinta cannot compel the City of Indio to construct this improvement. As a result,
under the requirements of CEQA, the City of La Quinta must find that the impacts
to the Jefferson Street/Avenue 48 intersection cannot be mitigated to the City's
standard in 2016, and that a significant and unavoidable impact will occur as a
result of cumulative traffic growth in the area.
CA. Comment: With the Circulation Plan Update adopted by the Indio City Council in September
2008, Level of Service "E" is acceptable in the City of Indio if the costs of
39
TN/City of La Quinta
Dune Palms Drive & Highway I I I Specific Plan Final EIR
Response to Comments on Draft EIR
mitigation to achieve Level of Service "D" are unreasonable. There are several
utilities including large IID vaults/pedestals along the north side of Avenue 48
just east of Jefferson Street in the area where the westbound right turn lane has
been proposed in the La Quinta Draft EIR. This westbound right turn lane may
also require right of way acquisition from the adjacent mobile home park.
Relocation of the utility facilities and the potential right of way acquisition to
accommodate the westbound right turn lane may be very costly and, if so, then
Level of Service "E" at this intersection would potentially be acceptable to the
City of Indio.
C.4. Response: The City of Indio has modified the text of its General Plan to allow Level of
Service E at certain intersections, when special circumstances occur (including
the need for "excessive ROW acquisition," excessive cost, and environmental
impacts)'. The City Council has not adopted such a finding for the Jefferson
Street/Avenue 48 intersection, and would consider such a finding on a project -by -
project basis2. As the City of La Quinta standard is Level of Service D3, and the
intersection occurs partially in La Quinta, the La Quinta standard must be
considered in the analysis. Since in 2016 the intersection will operate at Level of
Service E in the PM peak hour, the EIR correctly finds that the impact will be
significant and unavoidable.
1 City of Indio Resolution 9321, adopted by the City Council on September 17, 2008.
2 Personal communication, Mr. Tom $rohard, April 22, 2010.
3 City of La Quinta General Plan Circulation Element, March 2002.
9
395
TN/City of La Quinta
Dune Palms Drive & Highway I I I Specific Plan Final EIR
Resnonse to Comments on Draft EIR
D. Native American Heritage Commission
D.1. Comment: The Native American Heritage Commission did perform a Sacred Lands File
(SLF) search in the NAHC SLF Inventory, established by the Legislature pursuant
to Public Resources Code §5097.94(a) and Native American Cultural Resources
were not identified within the APE. However, there are Native American Cultural
resources in proximity to the APE. Early consultation with Native American
tribes in your area is the best way to avoid unanticipated discoveries once a
project is underway (sic). Enclosed are the names of the nearest tribes and
interested Native American individuals that the NAHC recommends as
`consulting parties," for this purpose, that may have knowledge of the religious
and cultural significance of the historic properties in the project area (e.g. APE).
We recommend that you contact persons on the attached list of Native American
contacts. A Native American Tribe or Tribal Elder may be the only source of
information about a cultural resource.
D.I. Response:
As stated in the EIR, an archaeological study was completed for the proposed
project site. The study included Native American consultation with 14 tribes
(CRM Tech, page 9), whose contact information was provided by NAHC. CRM
Tech received one response from the Torres Martinez Desert Cahuilla Indians,
recommending that a monitor be on site during ground disturbing activities. This
recommendation is included as mitigation measure #1 in the EIR. The City also
Native American Consultation under SB18, as stated on page III-46..
completed
Only the Torres Martinez Desert Cahuilla Indians responded to the request for
consultation, and made similar recommendations to those made to CRM Tech.
They did not, however, request formal consultation. The City has
comprehensively addressed consultation for this project.
D.2. Comment:
Also, the NAHC recommends that a Native American Monitor or Native
knowledgeable be employed whenever a professional
American culturally person
archaeologist is employed during the `Initial Study' and in other phases of the
environmental planning processes.
D.2. Response:
Comment noted. See response D.1., above. A Native American Monitor will be
site during all ground disturbing activities associated with the project.
on
D.3. Comment:
Furthermore we suggest that you contact the California Historic Resources
Office of Historic Preservation (OHP)
Information Center (CHRIS) at the
Coordinator's office...
D.3. Response: Comment noted. No historic resources occur on the project site
DA. Comment: Consultation with tribes and interested Native American tribes (sic) and interested
Native American individuals, as consulting parties, on the NAHC list, should be
conducted in compliance with the requirements of federal NEPA (42 U.S.C.
4321-43351) and Section 106 and 4(f) of federal NHPA (16 U.S.C. 470 [f)]et se),
10 39u
TN/City of La Quinta
Dune Palms Drive & Highway 111 Specific Plan Final EIR
Response to Comments on Draft EIR
36 CFR Part 800.3, the President's Council on Environmental Quality (CSQ; 42
U.S.C. 4371 et seq.) and NAGPRA (25 E.S.C. 3001-3013), as appropriate. The
1992 Secretary of the Interior's Standards for the Treatment of Historic
Properties were revised so that they could be applied to all historic resource types
included in the National Register of Historic Places and including cultural
landscapes.
DA. Response: Comment noted. See response D.1., above.
D.5. Comment: Lead agencies should consider avoidance, as defined in Section 15370 of the
California Environmental Quality Act (CEQA) when significant cultural
resources could be affected by a project.
D.5. Response: Comment noted. As stated in the EIR, page III-49, "[t]he monitor shall be
empowered to temporarily halt or divert equipment upon the discovery of cultural
resources to allow for City notification and analysis." The mitigation measures in
the EIR will assure that no impact to archaeological resources occur as a result of
project activities.
D.6. Comment: Also, Public Resources Code Section 5097.98 and Health and Safety Code
Section 7050.5 provide for provisions for accidentally discovered archaeological
resources during construction and mandate the processes to be followed in the
event of an accidental discovery of any human remains in a project location other
than a 'dedicated cemetery. (sic) Discussion of these should be included in your
environmental documents, as appropriate.
D.6. Response: See Response D.1., above. As stated in the EIR, page III-49:
"The project site is not known to have been the location of a burial ground.
California law requires that contractors immediately notify law enforcement
officials should human remains be identified when grading occurs on the project
site. The County coroner is required to determine if remains could be of Native
American origin, and contact Tribal officials if necessary. These requirements
assure that there will be no impact to human remains."
D.7. Comment: CEQA Guidelines, Section 15064.5(d) requires the lead agency to work with the
Native Americans identified by this Commission if the initial Study identifies the
presence or likely presence of Native American human remains within the APE.
CEQA Guidelines provide for agreements with Native American (sic), identified
by the NAHC, to assure the appropriate and dignified treatment of Native
American human remains and any associated grave liens.
D.7. Response: Comment noted. See Response D.6., above.
D.S. Comment: Although tribal consultation under the California Environmental Quality Act
(CEQA; CA Public Resources Code Section 21000-21177) is 'advisory' rather
than mandated, the NAHC does request 'lead agencies' to work with tribes and
11 397
TN/City of La Quinta
Dune Palms Drive & Highway I I I Specific Plan Final EIR
Response to Comments on Draft EIR
interested Native American individuals as 'consulting parties,' on the list
provided by the NAHC in order that cultural resources will be protected.
D.8. Response: Comment noted. See Response D.1., above.
D.9. Comment: However, the (sic) 2006 SB 1059 the state enabling legislation to the Federal
Energy Policy Act of 2005, does mandate tribal consultation for the (sic) 'electric
transmission corridors. (sic) This is codified in the California Public Resources
Code, Chapter 4.3, and §25330 to Division 15, requires consultation with
California Native American tribes, and identifies both federally recognized and
non -federally recognized on a.list maintained by the NAHC
D.9. Response: As clearly stated in the EIR's project description, the proposed project consists of
a 10 acre residential project , a 10 acre commercial project, and associated
roadway improvements. There is no "electric transmission corridor" proposed as
part of the proposed project.
D.10. Comment: Health and Safety Code §7050.5, Public Resources Code §5097.98 and Sec. (sic)
§ 15064.5 (d) of the California Code of Regulations (CEQA Guidelines) mandate
procedures to be followed, including that construction or excavation be stopped in
the event of an accidental discovery of any human remains in a location other than
a dedicated cemetery until the county coroner or medical examiner can determine
whether the remains are those of a Native American. Note that §7052 of the
Health & Safety Code states that disturbance of Native American cemeteries is a
felony.
D.10. Response: Comment noted. See Response D.6., above.
D.11. Comment: A -am Lead agencies should consider avoidance as defined in 415370 of the
California Code of Regulations (CEQA Guidelines) when significant cultural
resources are discovered during the course of project planning and
im Ie_rmentation
DAL Response: Comment noted. See Response D.5., above.
12
.. 398
TN/City of La Quinta
Dune Palms Drive & Highway I I I Specific Plan Final EIR
Response to Comments on Draft EIR
E. Department of Toxic Substances Control
E.1. Comment: The draft EIR should identify the current or historic uses in the project area that
may have resulted in any release of hazardous wastes/substances, and any known
or potentially contaminated sites within the Project Area. For all identified sites,
the EIR should evaluate whether conditions at the site may pose a threat to human
health or the environment. Following are the databases of some of the pertinent
regulatory agencies....
E.I. Response: As clearly stated in the EIR, the proposed project site was at one time in
agriculture. Furthermore, the EIR summarizes the results of Phase 1 and Phase 1I
Environmental Site Assessments (ESA) completed on the site, their findings, and
the recommended actions required. The project site is not listed as a contaminated
area on any database, as stated on page III-64 of the EIR.
E.2. Comment: The EIR should identify the mechanism to initiate any required investigation
and/or remediation for any site that may be contaminated, and the government
agency to provide appropriate regulatory oversight. If necessary, DTSC would
require an oversight agreement in order to review such documents. Please see
comment No. I 1 below for more inforrmation.
E.2. Response: Comment noted. Please see response E.1, above.
E.3. Comment: All environmental investigation, sampling and/or remediation for a site should be
conducted under a Workplan approved and overseen by a regulatory agency that
has jurisdiction to oversee hazardous substance cleanup. The findings of any
investigations, including any Phase I or II Environmental Site Assessment
investigation should be summarized in the document. All sampling results in
which hazardous substances were found should be clearly summarized in a table.
E.3. Response: Comment noted. Please see Response EA, above.
EA. Comment: Proper investigation, sampling and remedial actions overseen by the respective
regulatory agencies, if necessary, should be conducted at the site prior to the new
development or any construction. All closure, certification or remediation
approval reports by these agencies should be included in the EIR.
EA. Response: Comment noted. Please see response E.1, above.
E.S. Comment: If buildings or other structures, asphalt or concrete -paved surface areas are being
planned to be demolished, an investigation should be conducted for the presence
of other related hazardous chemicals, lead -based paints or products, mercury, and
asbestos containing materials (ACMs). If other hazardous chemicals, lead -based
paints or products, mercury or ACMs are identified, proper precautions should be
taken during demolition activities. Additionally, the contaminants should be
remediated in compliance with California environmental regulations and policies.
13 399
TN/City of La Quinta
Dune Palms Drive & Highway I I I Specific Plan Final EIR
Response to Comments on Draft EIR
ES. Response: Comment noted. As clearly stated in the EIR, only remnant foundations remain on
the site. No chemicals, lead based paints or products, mercury or ACMs were
identified in association with, these remnant foundations. Subsurface items
identified in the ESAs consisted of metal and PVC pipes, which were not
hazardous. No significant demolition will occur on the site, and any remnants of
previous construction will be removed and disposed of in approved landfills.
E.6. Comment: Project construction may require soil excavation or filling in certain areas.
Sampling may be required. If soil is contaminated, it must be properly disposed
and not simply placed in another location onsite. Land Disposal Restrictions
(LDRs) may be applicable to such soils. Also, if the project proposes to import
soil to backfill the areas excavated, sampling should be conducted to ensure that
the imported soil is free of contamination.
E.6. Response: Comment noted. Please see response E.5, above. In addition, as clearly stated on
page III-64 of the EIR, soil samples were undertaken as part of the EDAs. These
soil samples found trace amounts of DDT, DDE and Technical Chlorade, which
together were in concentrations far below Total Threshold Limit Concentration,
and do not require remediation.
E.7. Comment: Human health and the environment of sensitive receptors should be protected
during the construction or demolition activities. If it is found necessary, a study of
the site and a health risk assessment overseen and approved by the appropriate
government agency and a qualified health risk assessor should be conducted to
determine if there are, have been, or will be, any releases of hazardous materials
that may pose a risk to human health or the environment.
E.7. Response: Comment noted. See Response E.1., above.
E.S. Comment: If it is determined that hazardous wastes are, or will be, generated by the proposed
operations, the wastes must be managed in accordance with the California
Hazardous Waste Control Law (California Health and Safety Code, Division 20,
chapter 63) and the Hazardous Waste Control Regulations (California Code of
Regulations, title 22, division 4.5). If it is determined that hazardous wastes will
be generated, the facility should also obtain a United States Environmental
Protection Agency Identification Number by contacting (800) 618-6942. Certain
hazardous waste treatment processes pr hazardous materials, handling, storage or
uses may require authorization from the local Certified Unified Program Agency
(CUPA). Information about the requirement for authorization can be obtained by
contacting your local CUPA.
E.8. Response: As clearly stated in the EIR, the project consists of residential and commercial
development. No hazardous wastes will be generated by either of these land uses.
14
to. 400
TN/City of La Quinta
Dune Palms Drive & Highway I I I Specific Plan Final EIR
Response to Comments on Draft EIR
E9. Comment: If during construction/demolition of the project, soil and/or groundwater
contamination is suspected, construction/demolition in the area should cease and
appropriate health and safety procedures should be implemented.
E.9. Response: Comment noted. See Response E.1., above.
E.10. Comment: If a site was used for agricultural, livestock or related activities, onsite soils and
groundwater might contain pesticides, agricultural chemical, organic waste or
other related residue. Proper investigation and remedial actions, if necessary,
should be conducted under the oversight of and approved by a government agency
at the site prior to construction of the project.
E.10. Response: Comment noted. See Response E.6., above.
E.11. Comment: DISC can provide guidance for cleanup oversight through an Environmental
Oversight Agreement (EOA) for government agencies that are not responsible
parties under CERLA, or a Voluntary Cleanup Agreement (VCA) for private
parties. For additional information of the EOA or VCA, please see
www dtsc ca gov/SiteC]eantip/Brownfields, or contact Ms. Maryam Tasnif-
Abbaso, DTSC's Voluntary Cleanup Coordinator, at (714) 484-5489.
E.11. Response: Comment noted. There is no need for an Environmental Oversight Agreement.
E.12. Comment: Also, in future CEQA documents, please provide your e-mail address, so DTSC
can send you comments both electronically and by mail.
E.12. Response: Comment noted.
TN/City of La Quinta
Dune Palms Drive & Highway I I I Specific Plan Final EIR
Response to Comments on Draft EIR
F. State Of California Governor's Office Of Planning And Research
F.I. Comment: These comments are forwarded for use in preparing your final environmental
document. Should you need more information or clarification of the enclosed
comments, we recommend that you contact the commenting agency directly.
F.1. Response: Comment noted. The letters attached were from the Native American Heritage
Commission and the Department of Toxic Substance Control, and have been
included in this document above.
F.2. Comment: This letter acknowledges that you have complied with the State Clearinghouse
review requirements for draft environmental documents, pursuant to the
California Environmental Quality Act.
F.2. Response: Comment noted.
16 1.•.• 'fOn
TN/City of La Quinta
Dune Palms Drive & Highway I I Specific Plan Final EIR
Resoonse to Comments on Draft EIR
SECTION II
COMMENT LETTERS
The following comment letters were received on the Draft EIR transmitted to various public
agencies and interested parties. Comments restated in Section I are bracketed in this section
and correspond to the comment numbers in Section I.
17
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March 11, 2010
Mr. Les Johnson
Principal Department Community Development
City of La Qulnta
78.495 Caite Tanipilo
La Quinta, CA 92253
Re: DrA EIR for Specific Plan 08.085
Dew Mr. Johnson.
This letter responds to your request for comments regarding the Draft
Environmental impact. Report (DEIR) for Specific Plan 08-M, which Proposes
tie.consm,wibon of up to ten acres or high density residential and ten acres of
commercial development, located at Hginvay 111 and Dune Palms Road, within
the City of La Quinta. SunUne Transit Agency (SunLine) stall has reviewed the
project and offers the following cwnments.
eased on our review of existing transit amenities in the vicinity, SunsLme curreruty
provides service along F-fighway 111, served by Line 111, apprD*nk* y a tenth
of a mile korn the project site. We are not requesting inclusion of any transit
amenities, wch as a Ws stop of turn out at the tine. Futhemrore, we utter B.1.
Americans with Disabilities Act (ADA) Complementary D10,A-Ride paratransit
service for Coachella Valley residents, who may Ldite service for MWICW
appointments and other activities; to mvi a is only provided for Wali ied cterts
witlrir three-quarter (%) of a mite on eaher side of SunLi a fixed routes.
Sualne requests do M the proposed development should impact astir bus slops
and/or service provided by Sunl lne, the developer contact Sotiue 15 days psiw to
the g ofWMWftMThis will give SU&M sufli ierd tine to sche&ft any B.z.
as well as inform passerWm of any dwW in service, SuaLft we
cortirnre mcrAorirg development activities wittgn the vicinity of this project, and wwk
with City staff to requite corSbUd On of transit amenities with fftre deyelopymts, d
warranted.
u sai"Obw WK rhousow Palm&CWONRIO 92276 Ph"t 76&105 3456 raa IWO34"S ew mnumwq
45
Mr. Lopez
Page 2
Pre Appli: in Review No, 10-01
Should you have questions or concerns regarding this letter, please contact me at
760-343-3456, ext.162.
Sincerely
Brenda Ra
mirez
Assistant Transit Planner
cc: C. Mikel Oglesby, General Manager
Eunice Lovi, Director of Transit Planning
Robert Powell, Transit Planning Manager
Tim Jonasson, Public Works Director
V6
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fti a *nk or pqW4*'aub adairse ChangelnanY Of "icat
bra dbctmd by the p Wosed pmpA itrArdat9..: d hWoft or
�* to on ar arseompfy w Ib t� proittsion. Ri W ra
ggmM is gWm to
(oject VA have an adverts b»p d on these resources *win the'area of
b and d'so, to mdlga*Met offset. To adequately assess to pro(eet kted
ms*wcea. the Gmtm %don recosw 4s dietsowing.
wadean Herbage Canciftsimtdid perib m a Sacred Lands Fife (SLF)
the fast way ap d rmamkIlia�'d ones a project is
the names oldie newt tribes and hilereded NatWeAmerim i
mcorrattends as'c� partlea.' for tlea potvm tttd may ha
mggimy WW QftUWsod=" of Ste Mdork properties In Ow
1pfa mcottatknd ad you wrAut persom an dw attaehed Ild
A Naflve American Tate at TIW MW meFbe the arty Saxe*
pfbaaieesetaee,. AbO6 Um wMm mmaendsthatatlabimA
Anwitan Y 10MMedaeabe pmm beert�tayadwhenev
=diga.oboat 7 employed dtafl>9 Via Uffid ier 6& wee st>h ttd
caEtinnbttit>tafexam bdanmtionSydanPfUS)atCr
beshyoar area is D.1.
pray. Endosw am
vaedge of the
x= APEj
coda
rm en abort a
in Motor of t! MIM D.2.
rotaseiorrat
iofUle
codad9>e q.3.
a of HBstartc
Preservation (OHP) Coordinator's office (at (910) 653-7278, for referral to the nearest D.3.
OHP information Center of which owe are 11.
Consultation with tribes and interested Native American tribes and interested
Native Amorlcan kdvtduals. as cormutting parties. on the NAHC list .should be conducted
in compliance with the requiemento of federal NEPA (42 U.S.C. 4321-43361) and Section
108 and 4(♦) of federal NHPA (t a U.S.C. 470 (I))ot se), 36 CFR Part 800.3, the Prosidents DA.
Council on environmental Quay (CSQ; 42 U.S.C. 4371 et seq.) and NAGPRA (25 U.S.C.
3001-3013), as appropriate. The 1992 Secrefary of fie interWa Standards for the
rmaiment of Historic properties were revised so that they could be applied to all historic
resource types included in the National Register of Historic Places and including cultural
gyp"
Lead agencies should consider avoidance, as deflned in Section 15370 of the D.5.
California Environmental Quality Act (CEQA) when significant cultural resources could be
affected by a project. Also, Public Resources Code Section 5097.98 and Health & Safety
Code Section 7050.5 provide for provisions for accidentally discovered archeological
resources during construction and mandate the processes to be followed in the event of an DA
accidents[ discovery of any human remains in a project location other then o 'dedicated
cemetery. Discussion of these should be included in your environmental documents, as
appropriate.
The authority for the SLF record search of the NAHC Sacred Lands inventory,
established by the California Legislature, is CaAfommra.Pubilc Resources Code §5097.94(a)
and is exempt from the CA Public Records Act (e.f. California Government Code
§6254.10). The results of the SLF search are confidential. However, Native Americans on
the attached contact fist are not prohibited from and may wish to reveal the nature of
identified cultural resourcealhi todc properties. Confidentia6lY of "historic properties of
religious and cultural significance' may also be protected the under Section 304 of the
NHPA or at the Secretary of the Interior` discretion N not eligible for listing on the National
Register of Historic Places. The Secretary may also be advised by the federal Indian
Retiglous Freedom Act (d. 42 U.S.C,1996) in issuing a decision on whether or not to
disclose items of reV us and/or cultural significance identified in or near the APE and
possibly threatened by proposed project activity, _
CEQA Guidelines, Section 15064.5(d) requires the lead agency to work with the Native
Americans Identified by this Commission if the initial Study identifies the presence or likely
presence of Native American human remains within the APE. CEQA Guidelines provide for
agreements with Native American, Identified by the NAHC, to assure the appropriate and
dignified treatment of Native American human remains and any associated grave liens. _
Although tribal consultation under the California Environmental Quality Act (CEQA; CA
Public Resources Code Section 21000 — 21177) is 'advisory' rather than mandated, the
NAHC does request lead agencies' to work with tribes and interested Native American _
individuals as'consulbng parties.' on the list provided by the NAHC to order that cultural
resources will be protected However, the 2006 SB 1059 the state enabling legislation tc
Federal Energy Poky Act of 2005, does mandate tribal consultation for the 'electric
transmission corridors. This Is codified in the California Public Resources Code, Chapter
4.3, and §25M to Division 15, requires consultation with California Native American babes.
and identifies both federally recognized and non -federally recognized on a list maktained by
the NAHC
D.7.
D.8.
D.9.
410
D.10.
Please AW M* w mact me at (916) am-USI I yes have arri qmSom
ACadmimt (W of NaOvs Amedcmt Ccdads
cc: State Gemftvt= e
411
Nati4,,,.."imerican Contacts
March 16, 2010
Riverside County
Cabazon Band of Mission Indians Torres -Martinez Desert Cahuilla Indians
David Roosevelt, Chairperson Ernest Morreo
84-245 Indio Springs Cahuilla PO Box 1160 Cahuilla
Indio . CA 9m03-w9 Thermal . CA 92274
(760) 342-2593 maxtm@aol.com
(760) 347-7880 Fax (760) 397-0300
(760)397-8146 Fax
Los Coyotes Band of Mission Indians
Francine Kupsch, Spokesperson
P.O. Box 189 Cahuilla
Warner . CA 92086
loscoyotes@earthlink.net
(760)782-0711
(760) 782-2701 - FAX
Ramona Band of Cahuilla Mission Indians
Joseph Hamilton, Chairman
P.O. Box 391670 Cahuilla
Anza r CA 92539
admin@ramonatribe.com
(951)763-4105
(951)763-4325 Fax
Torres -Martinez Desert Cahuilla Indians
Mary Resvaloso, Chairperson
PO Box 1160 Cahuilla
Thermal . CA 92274
mresvaloso@torresmartinez.
(760) 397-0300
(760) 397-8146 Fax
This list is current only as of the date of this document
Santa Rosa Band of Mission Indians
John Marcus, Chairman
P.O. Box 609 Cahuilla
Hemet , CA 92546
srtribaloffice@aol.com
(951)658-5311
(951)658-6733 Fax
Augustine Band of Cahuilla Mission Indians
Mary Ann Green, Chairperson
P.O. Box 846 Cahuilla
Coachella , CA 92236
(760) 369-7171
760-369-7161
Morongo Band of Mission Indians
Michael Contreras, Cultural Heritage Prog.
12700 Pumarra Road Cahuilla
Banning . CA 92220 Serrano
mcontreras @ monongo-nsn.
(951)755-5025
(951)201-1866 - cell
(951) 922-0105 Fax
Distribution of this list does not relleve any person of statutory responsibility as defined In Section 7050.5 of the Health and
Safety Coda, Section 5097.94 of the Public Resources Code and Section 5097.98 of the Public Resources Code. Also,
federal National Environmental Policy Act (NEPA), National Historic Preservation Act Section 105 and federal NAGPRA.
This list Is only applicable for contacting local Native Americans with regard to cultural resources for the proposed
SCHM8101109; CEGA Notice of Completion; draft Envlornmentai Impact Report (DEIR) for Specific Plan 08-085;
located at S.R 111 and Dunes Plants Road In the City of La Quints; Riverside County, California (Coachella Valley)
41�
NatlV . merican Contacts
March 16, 2010
Riverside County
Torres -Martinez Desert Cahuilla Indians
Diana L. Chihuahua, Cultural Resources
P.O. Boxt 1160 Cahuilla
Thermal r CA 92274
dianac@torresmartinez.org
760) 397-0300, Ext. 1209
(760) 272-9039 - cell (Lisa)
(760)397-8146 Fax
Cabazon Band of Mission Indians
Judy Stapp, Director of Cultural Affairs
84-245 Indio Springs Cahuilla
Indio , CA 92203.3499
jstapp@ cabazonindians-nsn.
(760)342-2593
(760) 347-7880 Fax
Ramona Band of Cahuilla Indians
Manuel Hamilton, Vice Chairperson
P.O. Box 391670 Cahuilla
Anza I CA 92539
admin@ramonatribe.com
(951)763-4105
(951) 763-4325 Fax
Agua Caliente Band of Cahuilla Indians THPO
Patricia Tuck, Tribal Historic Perservation Officer
5401 Dinah Shore Drive Cahuilla
Palm Springs, CA 92264
ptuck@aguacallente-nsn.gov
(760) 699-6907
(760)699-6924- Fax
This list Is current only as of the date of this document.
Augustine Band of Cahuilla Mission Indians
Karen Kupcha
P.O. Box 846 Cahuilla
Coachella , CA 92236
(760) 369-7171
916-369-7161
Cahuilla Band of Indians
Luther Salgado, Sr.
PO Box 391760
Anza . CA 92539
tribalcouncil@cahuilia.net
915-763-5549
Cahuilla
Distribution of this list does not relieve any person of statutory responsibility as defined In Section 7050.5 of the Health and
Safety Code, Section 5097.94 of the Public Resources Code and Section 5097.90 of the Public Resources Code. Also,
federal National Environmental Policy Act (NEPA), National Historic Preservation Act, Section 106 and federal NAGPRA.
This list Is only applicable for contacting local Native Americans with regard to culture[ resources for the proposed
SCH12008101109; CEDA Notice of Completion; draft Envionmental Impact Report (DEIR) for Specific Plan 08&09s;
located at S.R. 111 and Dunes Plams Road In the City of La Quints; Riverside County, California (Coachella Valley)
E.
4aD" tfnent of Toft Substances Control
Mxdw Ad69
una�s.Ida�s e7s Cwlx;etteA
.taaw
April 8, 2010
Mr. Les Johnson
City of La Quinta
78-496 Cade Tampico
La Quinta, C81domis 92263
NOTICE OF AVAILABILITY OF A DRAFT ENVIRONMENTAL IMPACT
REPORT FOR HIGHWAY 111 & DUNE PALMS SPECIFIC PLAN 08-086
pROJECT, (SCw 2008101109),CITY OF LA QUtNTA, RIVERSIDE COUNTY
Clear Mr. Johnson: e
The Department of To* Substances Control (DTSC) has received your submitted a
dmd Environmental Impact Report (EIR) for the above-mendoned pmjecL The following
project description is stated in your document" The project side is approximately 22
acres in34 , is generally rectangular in shape, and is located in the City of Le Quinta,
south of Highway 111, appra rrrater 300 feat east of Dune Palms Road. The Specific
plan proposes appmxi nta" 10 acres of residential development for affordable housing
on the $& dhem half of the site. The project also includes the cotstruc0ort of a new
public roadway, 4K Street that will extend east -west from Dune Pains through the site.
The majority of the proposed project sits is currently undeveloped and is completely
surrounded by existing development in an directions. To the north of the site Is Highway
1'11 and existing commercial developments. To the east and west are also existing
commercial developments. The La Quanta Evarwaton Channel and Desert Sands
Unified School Districtfacfitty are located south of the site. A part of the site was
previously used as a mob3o home paW• DTSC has following comments:
1) The EiR should identify the current or historic was in the project area that may
have resulted In a release of ha2ardous wastoesubstances, and arty known or
Poland* contaminated sites within the proposed Project Area. For all Identified E.I.
sites, the EIR should evaluate whether conditions at the site may pose a threat to
human health or the environment Following are the databases of some of the
Pertinent regulatory agencies:
National Priorities List (NPL): A list maintained by the United States
Environmental Protection Agency (U.S.EPA),
b ftdemrsa%VWvaW
414
Mr. Los Johnson
April 8, 2010
Page 2 of 4
• EnvlroStoc A Database primarily used by the California Department of Tox1C
Substances Control, accessible through DTSCs website (see below).
• Resource Conservation and Recovery Information System (RCRIS): A database
of RCRA facilities that is maintained by U.S. EPA.
• Comprehensive Environmental Response Compensation and Liability
Information System (CERCLiS): A database of CERCLA sites that is maintained
by U.S.EPA.
• Solid Waste information System (SWIS): A database provided by the Califomia
Integrated Waste Management Board which consists of both open as well as
dosed and inactive solid waste disposal facilities and transfer stations.
• Leaking Underground Storage Tanks (LUST) f Spills, Leaks, Investigations and
Cleanups (SLIC): A list that is maintained by Regional Water Quality Control
Boards.
• Local Counties and Cities maintain lists for hazardous substances cleanup sites
and leaking underground storage tanks.
• The United States Army Corps of Engineers, 911 Wilshire Boulevard,
Los Angeles, California, 90017, (213) 452-3908, maintains a list of Formerly
Used Defense Saes (FURS).
2) The EIR should Identify the mechanism to initiate any required investigation
and/or remediation for any site that may be contaminated, and the government
agency to provide appropriate regulatory oversight If necessary, DTSC would
require an oversight agreement in order to review such documents. Please see
comment NO t below for more information.
3) Ali environmental investigations, sampling and/or remediation for a site should be
conducted under a Workpian approved and overseen by a regulatory agency that
has Jurisdiction to oversee hazardous substance cleanup. The findings of any
Investigations, including any Phase I or 11 Environmental Site Assessment
Investigations should be summarized in the document All sampling results in
which hazardous substances were found should be dearly summarized in a
table. _
E.2.
E.3.
4) Proper investigation, sampling and remedial actions overseen by the respective EA
regulatory agencies, if necessary, should be conducted at the site prior to the
new development or any construction. All closure, certification or remedlation
approval reports by these agencies should be included In the EIR.
M. - 415
Mr. Los Johnson
AP410010
Pop t of 4
5) If buildings O(Othal *Udw*M NOW Or
being planned to be demolished, an Inm
presence of other related hanKINO deer
If
I surfaw areas are
be conducted for the
ad paints of products,
amiden#W.
a&,, Additionally. the
orrila anvirortmentat
6) Project construction may require soil excavation or filling In certain areas.
Sampling may be required. if soil is contaminated, it must be properly disposed
and not simply placed in another location onsite. Land Disposal Restrictions
(LDROmaybe applicable tosuch. soils Also, If the project proposes to Import
sol to baciff the areas exceirated, sampling should be conducted to ensure that
the wpottedsoll is tree of co"WHnallom
7) Human health and the environment of sensitive receptors should be PrOtWed
during the COnSt(Ucftn Or dw'011110411 actPAUG& If it Is found necessary, a study Of
the site and a health dak assessment overseen and approved by the aPPVOPd3tJ9
government agency and a que[ifled health risk assessor should be condueW to
determine 0 there are, have been, or wig be, any releases or hazardous materials
that may pose a risk to human health or the en*qr4nonL
8) if I'm deterifted that hazardous Wastes are, Or Will be, generated by the
proposed operations, the wastes must be managed in accordance with the
Cafforrila Hazardous Waste ConVOI Law (Caftnia Health and Safety Code,
Division 29,.Cj*pter 6.5) and the Hazardous Waste Control Regulations
(Calliornia Code of Regulations, Title 22, Division 4.5). It it Is determined that
hazardous wastes will be generated, the facility should also obtain a United
States Environmental Protection Agency Identification Number by contacting
(800)$18- , em. Certain hazardous waste treebrient processes or hazardous
matirists,,higndifing. storage of us" may require authorization from the local
Ceribled Untried program Agency (CUPA). information about the requirement
for authortmdon can be obtained by contacting your local CUPA.
9) if during conStruCtion/deniclItIon of the Project Area, the soil and/or groundwater
contamination Is suspected, conskuction/demolition In the area should CaM
and appropriate health and safety procedures should be implemented.
10) It a site was used for agricultural, livestock or related activities, onsite soils and
groundwater might contain pesticides, agricultural chemical. Organic waste Of
other related residue. Proper Investigation, and remedial actions, 9 necessary,
should be conducted under the oversight of and approved by a government
agency at . me site prior to construction of the project.
E.5.
EA
E.7.
E.S.
E.9.
E.10.
416
Mr. Las Johnson
April 8, 2010
Psge 4 of 4
11) DTSC can p!ovio guidance for damp oversight through an Em konmenlal
O ve*h(Agrserrlent (EOA) forQaalatgnont agencies that am not resvonsa*
parties under CERCLA, are voluntaryComp Agreement MCA) for private
parties. ForadMonal tnkarvitlon on the EOA a VCA, piease:we
www.dfsacaAavJ$IteGleanuwsrownffakls, or contact.
Ms. Maryam'Tasr# Abbasl, DTWs Vohmtary Cleanup Coordinator, at
(I14) 484-6489,
12) Also, In future CEQA dements, please provWeyour,e•mai address,.so
DISC can send you the carunents both eleotronlC* and by mail.
E.11.
E.12.
If you have any ques9ena regaMbng. this IeW. Please contact Mr. Ranq Ahmed, Prated
Manager, at rahm2d(8k0sc.ca.W or by phone at (714) 484-5491.
Sincerely,
Greg. ones
QnitChief
Browmoelds and Environmental Restoration Program - Cypress Office
cc Governor's Office of Planning and Research
State clearinghouse
P.-O. Box 3044
Sacramerto, Ca4fomla 95812-3044
fe cartnohouse�tlor ca tlav
CEQATn3dting Center
Depertamt, of Todc Substances Control
Office of Environmental Planning and Analysis
10011 Street, 22n0 Floor, M.S. 22-2
Sacramento, California 95814
AQelaarlOdlscca.nov
Ms. Nicole Cristo
City Planning Consultant
Terra Nova Planning and Research, Inc.
400 South Farrell Drive, Suits B-205
Palm Springs, California 92262
mcm 2sm
417
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Los MUM
City dLa Oche
"495 CACTttaOM
La Qo3^ CA.9E233
su%= sp Crupba00Att9
saw. 200s10llo9
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Tm State Ckgxk000ao suba*md dw abovm = odDot ER la mlected smw 29mcits far mvww. 00
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aploitedmbeeiakdotnoeapprovedby mgeecY•
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mam hdWnadoe orckdf cxdon of dw endascd am=== wo rmwmmd dui you ceamor the
carmaaows 4M7 am*.
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draft mv(roormzw docu=ab. pumurt m dw Califom;m SavSm®enrat Qu iity
3=a wo4home st (916) 4410613 ifym bane my quesdons MoRdws rawow
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(916J N4 0633 PAE (0l6) 323.30U . uniop xw
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F.1.
F.2.
418
I
SCHO 2009101109
Pr*19077de Specific Plan 08-085
LeadAwncy LaQulnta.Cityof
Type OR DraftER
Desc*ffan Specific Plan to allow the construction of up to 10 acres of high density residential (up to 200 units),10
acres of commercial development, and associated Improvements.
Lead Agency Contact
A4me
Las Johnson
Agency
City of La Quinta
phone
(760) 777.7125
small
Address
78-495 Calle Tampico
city
La Quinta
Fax
State CA Zip 92253
Project Location
Couety Riverside
City La Quinta
Region
Lat/Long 33' 4Z S' N/ 116' IT 6'W
Cross Stroefs Highway 111 and Dune Palms Road
Pares! No. 600-200-001, .004, .005, •011, -012
Township 5S Range 7E Section 29 Rasa SBB&N
Proximity to:
Highways ill
Airports
Raliways
waterways
Schools
Land Use Parcols are generally vacant. General Plan and Zoning designations: Regional Commercial
Project issues Archaeciogic-Historic. Air Qualtty; Drainage/Absorption; Flood PlaINFiooding; GeologiciSelsmic:
Noise; Populat onlHousing Balance:. Public Services; Recreation/Parks; Sewer Capacity; Soil
Eroalon/Compacdon/Grading; Solid Waste; Toxic/Haxardous; Traff a(Cimulation; Vegetation: Water
Quality: Water Supply. Wildlife; Growth Inducing: Landuse; Cumulative Effects: AesthoOWisual;
Biological Resources; Schoels/Universities
Reviewing Resources Agency; Colorado River Board; Department of Fish and Game, Region 6; Department of
Agencies Paffts and Recreation; Department of Water Resources; California Highway Patrol; Calttans. District 8;
Regional Water Quality Control Board, Region 7; Department of Toxic Substances Control; Native
American Heritage Commission
Date Received 0310412010 Start aFRevlaw 03/04/2010 End ofRevlew 04/19/2010
Note: Blanks in data gelds result from Insufficient information provided by lead agency.
0
419
M