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2011 07 19 CCeaf 440" 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, JULY 19, 2011 at 4:00 P.M. Beginning Resolution No. 2011-061 Ordinance No. 491 CALL TO ORDER Roll Call: Council Members: Evans, Franklin, Henderson, Sniff, and Mayor Adolph PLEDGE OF ALLEGIANCE CLOSED SESSION — NONE PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CONFIRMATION OF AGENDA PRESENTATIONS — NONE CITY COUNCIL AGENDA 1 JULY 19, 2011 nnl WRITTEN COMMUNICATIONS - NONE APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF JULY 5, 2011 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 JULY 19, 2011 2. RECEIVE AND FILE TREASURER'S REPORT DATED MAY 31, 2011 3. RECEIVED AND FILE REVENUE AND EXPENDITURE REPORT DATED MAY 31, 2011 AND INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING JUNE 30, 2011 4. APPROVAL TO EXCUSE COMMISSIONER MARK WEBER'S ABSENCE FROM THE JULY 12, 2011 PLANNING COMMISSION MEETING 5. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE EMERGENCY SERVICES COORDINATOR TO ATTEND THE CALIFORNIA EMERGENCY SERVICES ASSOCIATION 2011 ANNUAL CONFERENCE IN SAN DIEGO, CALIFORNIA OCTOBER 3 - 6, 2011 6. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE EMERGENCY SERVICES COORDINATOR' TO ATTEND THE INTERNATIONAL ASSOCIATION OF EMERGENCY MANAGERS ANNUAL CONFERENCE AND EMERGENCY MANAGEMENT EXPOSITION IN LAS VEGAS, NEVADA NOVEMBER 11 - 17, 2011 7. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY SAFETY MANAGER, SENIOR CODE COMPLIANCE OFFICER, AND TWO CODE OFFICERS TO ATTEND THE 2011 CALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICERS ANNUAL TRAINING IN PACIFIC GROVE, CALIFORNIA SEPTEMBER 6 - 9, 2011 8. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO. 488 AMENDING TITLE 11 OF THE LA QUINTA MUNICIPAL CODE TO ADD SECTION 11.44.100 - DOG PARK RULES AND REGULATIONS CITY COUNCIL AGENDA 2 JULY 19, 2011 n02 9. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO. 489 AMENDING TITLE 9 OF THE LA QUINTA MUNICIPAL CODE TO (1) CLARIFY THE LOCATION OF CERTAIN LANDSCAPED PARKWAYS §9.50.100, (2) CORRECT AN ERROR REGARDING GUEST HOUSES AND SECONDARY UNITS §9.140.070, (3) ADJUST THE TIME EXTENSION PERIOD FOR DEVELOPMENT REVIEW PERMITS §9.200.080, (4) DELETE OBSOLETE LANGUAGE REFERENCING GUESTHOUSE EXAMPLES §9.210.020, AND (5) REVISE DEFINITIONS OF CHILD DAY CARE USES TO BE CONSISTENT WITH STATE LAW §9.280.030 10. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO. 490 AMENDING TITLE 13 OF THE LA QUINTA MUNICIPAL CODE TO ALLOW A MAXIMUM CUL-DE-SAC LENGTH OF 1320 FEET 11. AUTHORIZATION OF THE CITY MANAGER TO APPROVE A GRANT OF EASEMENT TO IMPERIAL IRRIGATION DISTRICT FOR AN EASEMENT FOR ELECTRICAL FACILITIES ALONG AVENUE 52 IN PARCEL 18 OF PARCEL MAP NO. 33367 12. APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH THE LA QUINTA ARTS FOUNDATION 13. ACCEPTANCE OF MILES AVENUE MEDIAN ISLAND LANDSCAPE IMPROVEMENTS, PROJECT NO. 2010-13 14. ACCEPTANCE OF TURF REDUCTION GREEN PROJECTS, PROJECT NO. 2009-18 15. APPROVAL TO AWARD A CONTRACT TO CONSTRUCT THE FISCAL YEAR 2010/2011 SLURRY SEAL PROGRAM, PROJECT NO. 2010-15 BUSINESS SESSION 1. CONSIDERATION OF MAKING A REQUEST TO THE CITY OF INDIO TO COMPLETE THE NECESSARY STUDIES TO COMPLY WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REGARDING FUTURE GOLDENVOICE CONCERTS AT THE INDIO POLO FIELDS A. MINUTE ORDER ACTION CITY COUNCIL AGENDA 3 JULY 19, 2011 V 3 2. CONSIDERATION OF AN ORDINANCE ELECTING TO COMPLY WITH PART 1.9 OF ABX1 27, THE REDEVELOPMENT CONTINUATION ACT A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING B. INTRODUCE ORDINANCE NO. FOR FIRST READING STUDY SESSION - NONE REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (FRANKLIN) 2. BOB HOPE CLASSIC FUND DISTRIBUTION COMMITTEE (FRANKLIN) 3. CITY COUNCIL AD HOC COMMITTEE REPORTS 4. CVAG COMMITTEE REPORTS 5. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (ADOLPH) 6. C.V. CONSERVATION COMMISSION (SNIFF) 7. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (ROBERT COX) 8. C.V. MOUNTAINS CONSERVANCY (FRANKLIN) 9. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 10. IID ENERGY CONSUMERS' ADVISORY COMMITTEE (FRANKLIN) 11. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (FRANKLIN) 12. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 13. PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION & VISITORS AUTHORITY (EVANS) 14. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (ROBERT TEAL) 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 DATED JUNE 13, 2011 19. HISTORIC PRESERVATION COMMISSION MINUTES DATED APRIL 21, 2011 20. ARCHITECTURE AND LANDSCAPING REVIEW COMMITTEE MINUTES DATED JUNE 1, 2011 21. PLANNING COMMISSION MINUTES DATED APRIL 26 AND JUNE 14, 2011 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS B. UPDATE ON THE GREEN AND SUSTAINABLE LA QUINTA PROGRAM CITY COUNCIL AGENDA 4 JULY 19, 2011 1 .04 2. CITY ATTORNEY 3. CITY CLERK A. UPCOMING EVENTS AND CITY COUNCIL CALENDAR 4. BUILDING & SAFETY DEPARTMENT REPORT FOR JUNE 2011 5. COMMUNITY SERVICES DEPARTMENT REPORT FOR JUNE 2011 A. UPDATE ON THE CITY'S 30TH ANNIVERSARY CELEBRATION EVENTS 6. FINANCE DEPARTMENT REPORT - NONE 7. PLANNING DEPARTMENT REPORT FOR JUNE 2011 8. PUBLIC WORKS DEPARTMENT REPORT FOR JUNE 2011 9. POLICE DEPARTMENT REPORT FOR JUNE 2011 10. FIRE DEPARTMENT QUARTERLY REPORT FOR PERIOD ENDING JUNE 2011 MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE RECESS TO REDEVELOPMENT AGENCY MEETING RECONVENE AT 7:00 P.M. 7:00 P.M. PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. PRESENTATIONS — NONE PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project. If you challenge a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS APPROVING AN EXTENSION OF TIME AND AMENDED PLANS TO DEVELOP LA PALOMA, A 208-UNIT SENIOR LIVING COMMUNITY LOCATED AT THE NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50. APPLICANT: WSL LA QUINTA, LLA A. TWO RESOLUTION ACTIONS CITY COUNCIL AGENDA 5 JULY 19, 2011 1 ^ 5 ADJOURNMENT The next regular meeting of the City Council will be held on AUGUST 2, 2011 commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Susan Maysels, Deputy City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of July 19, 2011, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 111, on JULY 15, 2011. DATED: JULY 15, 2011 SUSAN MAYSELS, Deputy 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 6 JULY 19, 2011 1-6 T4tvl 4 4 Q" MEMORANDUM TO: Honorable Mayor and Members of the City Council Honorable Agency Chair and Members of the Redevelopment Agency Board \ / FROM: John M. Falconer, Finance Director X DATE: July 19, 2011 CCCJJJ SUBJECT: Changes to July 19, 201.1 Warrant Register The purpose of this memorandum is to transmit a revised warrant register which reflects: 1) a voided warrant to the California Redevelopment Agency for FY 201 1 /2012 membership services and 2) reclassifying a Landmark Golf wire from a demand of cash from the Redevelopment Agency (RDA) to a Demand of Cash of the City. No other changes are being requested. Staff plans to process a future warrant to the California Redevelopment Agency to replace the voided warrant, as soon as it is appropriate taking into consideration the impacts of ABX1 27, the Redevelopment Continuation Act. 007 COUNCIL/RDA MEETING DATE: July 19, 2011 ITEM TITLE: Approval of Demand Register Dated July 19, 2011 RECOMMENDATION: Approve Demand Register Dated July 19, 2011 BACKGROUND: Prepaid Warrants: 92457 - 92478) 92479 - 92489) 92490-92496) Voids) Voids) Wire Transfers) P/R 36379 - 3640° P/R Tax Transfers) Payable Warrants: 92497 - 92604) FISCAL IMPLICATIONS: Demand of Cash -City Demand of Cash -RDA A;AA M + Demand of Cash - HA John M. Falconer, Finance Director 1,219,619.06 15,928.07 420,784.48 (150.00) (23,700.00) 1,330,698.35 332,591.11 127,868.01 899,509.11 $4,323,148.19 $3,892,329.00 $430,619.19 $200.00 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING il: T 0 P /- su AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: July 19, 2011 ITEM TITLE: Approval of Demand Register Dated July 19, 2011 RECOMMENDATION: Approve Demand Register Dated July 19, 2011 BACKGROUND: Prepaid Warrants: 92457 - 924781 1,219,619.06 92479 - 924891 15,928.07 92490- 92496} 420,784.48 Voids} (150.00) Wire Transfers} 1,330,698.35 P/R 36379 - 3640'r 332,591.11 P/R Tax Transfers} 127,868.01 Payable Warrants: 92497 - 92604} 899,509.11 $4,346,848.19 FISCAL IMPLICATIONS: Demand of Cash -City $3,750,051.62 Demand of Cash -RDA $596,596.57 Demand of Cash - HA $200.00 John M. Falconer, Finance Director BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING CITY OF LA QUINTA BANK TRANSACTIONS 6128/11 - 7/12/11 6/28/11 WIRE TRANSFER -TASC 6/29/11 WIRE TRANSFER - BOND ISSUE COSTS 6/30/11 WIRE TRANSFER - ICMA 7/1/11 WIRE TRANSFER - HEALTH PREMIUM 7/1/11 WIRE TRANSFER -PERS 7/1111 WIRE TRANSFER - CJPIA 7/5/11 WIRE TRANSFER - LANDMARK 7/8/11 WIRE TRANSFER - ICMA 7/8/11 WIRE TRANSFER -PERS 718111 WIRE TRANSFER - LQCEA 7/8/11 WIRE TRANSFER - PARS PLAN 718/11 WIRE TRANSFER - PARS EXCESS 7112/11 WIRE TRANSFER-TASC TOTAL WIRE TRANSFER OUT $1,472.71 $7,000.00 $19,800.00 $112,257.45 $2,351.32 - $407,151.00 $142,277.38 $10,983.09 $51,642.42 $147.50 $557,315.14 $12,832.86 $5,467.48 $1,330,698.35 .,1 010 10 0 o O ly o O I a N 2 I o 0 1 dN0 � Ill .Ni W I W I••I O � �+ Q X Q 1 IL�r . LLQ � W L � 1 1 1 1 1 1 N r r. ra n b O �b M O o rM O V V O e o o V V M M P P . M . W Z. 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BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Transmittal of Treasurer's Report dated May 31, 2011 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. 032 Respectfully submitted, A4 tA John M. Falconer, Finance Director Approved for submission by: D Thomas P. Genovese, City Manager Attachment: 1. Treasurer's Report, City of la Quinta 033 2 Titifl44a" MEMORANDUM TO: La Quints City Council FROM: John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurers Report for May 31, 2011 DATE: June 30 ,2011 Attached is the Treasurer's Report for the month ending May 31, 2011. The report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Department. The following table summarizes the changes in investment types for the month: Investment Beginning Purchased Notes Sold/Matured Other Ending Change LAIF Certificates of Deposit US Treasuries US Gov't Sponsored Enterprises Commercial Paper Corporate Notes Mutual Funds SubtotalI $ 31,088,191 969,000 84,921,301 19,985,818 4,998,261 10,063,571 1,380,031 $ 153,406,1731 $ 12,500,000 15,000,000 $ 27,500,000 (2) (2) (2) (2) 1 1 $ (6,000,000) (13,000.000) 0 8,851 2.911 (3,399) (9,839) 0 $ 1,476 $ 37,588,191 969,000 71,930,152 19,988,729 19,994,862 10,053,732 1,380,031 $ 161,904,697 6,500,000 0 (12,991,149) 2,911 14,996,601 (9,839) 0 $ 8,498,524 Cash $ 692,742 1 &3 $ 1,475,554 $ 782,812 1,475,554 Total $ 154,098,915 $ 27,500,000 $ 20,475,554 $ 1,476 $ 161,121,885 $ 7,022,970 I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy. As Treasurer of the City of La Quints, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. The City of La Quints used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. 7 V67 Zol l Date John M. Falconer 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. 034 3 Treasurer's Commentary For the Month of May 2011 Cash Balances — The portfolio size increased by $7.02 million to end the month at $161.1 million. The major reason for the increase was $25.7 million received from the County of Riverside from the second property tax installment. Offsetting this increase was $12.27 million spent on pass through payments to other taxing entities, $4.85 million spent on a SERAF shift, $1.7 million spent on Police protection, and $1.1 million spent on Capital Improvement Projects. Capital improvement projects included $336,000 spent on Village land acquisition, $107,000 spent on the Coral Mountain Apartment project, and $105,000 spent on the Eisenhower Drive synchronization project. Investment Activity - The investment activity resulted in an average maturity decrease of thirty six (36) days from the prior month to end the month of May at 156 days. The Treasurer follows a buy and hold investment policy with three investments of Commercial Paper made in the month of May. The sweep account earned $66 in interest income for the month of May and the bank fees for the month were $ 2,049 which resulted in a net decrease of $1,983 in real savings. Portfolio Performance — The overall portfolio performance had a seven (7) basis point decrease from the prior month and ended at .41 % for the month, with the pooled cash investments at .48%. The portfolio yield should continue to stay at these levels for the near future. At this time last year, the portfolio was yielding .48% which reflects the current interest rate environment. Looking Ahead The Treasurer is still concentrating on safety first and foremost. 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$SE pc55 F UI/iJJM1VUIF 1-(J I/JJ6UUEF rUNJJODUEF ^U»JJ6UEr E 040 / 90 - =m;. r §MH \\}(\\( } ' i\ !\ g41 10 City of Le Dmrta Comparative Rates of Interest May 31, 2011 City of La Quim Average I I Treasury BIIIsINote I I Three August 20M 494% 5.01% 4.97% 48 4.97% 4.95% Sept 2N06 4.98% 5,01% kW% 53 6.00% 5.02% 0dND6 5.00% 5.02% 5,01% 67 4.%% 5.10% Nov 2006 5.04% 5.03% 5.03% 82. 4.94% 5,13% Dec 20DO 5.08% 5,04% SW% 80 490% 5,13% Jan 2007 5.18% 5,12% 5,16% 64 498% 6,16% Feb 2007 5.19% 5.13% 5.17% 45 495% 5.18% Mar 2007 521% 503% 5,15% 67 488% 5,21% Apr 407 5.20% 5.14% 5.15% 42 484% 5.22% May 20D7 520% 5.05% 5.16% 32 481% 5.25% June 2007 5.19% 486% 5.10% 85 481% 5,25% FY OTm8 July 2007 521% 490% 5.12% 129 4.80% 5.26% August 2007 5.17% 465% 5,08% 109 459% 5,25% Sept2007 5.16% 4.86% 5,06% 129 400% 5,23% W 207 5.11% 4.85%' 5,02% 116 395% 5,14% Nov 2007 503% 4.83% 4,96% 99 3.34% 4.96% Dec 2007 4.95% 343% 4.45% 123 3.39% 4,80% Jan 20M 4.58% 3.33% 4.22% 96 2.31 % 4.62% Feb 2008 4.12% 324% 3.85% 66 207% 4,16% Mar2009 4,07% 2.83% 3.67% 74 1.50% 3,78% Apr2008 3,45% 3.27% 341% 82 170% 3.40% May 2008 3.14% 3,27% 3,17% 63 192% 3,07% June 20W 3,09% 1.94% 286% BO 2.14% 2,89% FY OBI09 July 2008 299% 1.93% 2.77% 62 170% 1.88% 2,29% 2.75% 2.1B% 2,79% August 2008 3.16% 1.92% 268% 51 169% 1.89% 2.14% 238% 2.08% 2.76% Sept 2008 2,81% 1,92% 2.64% 37 142% 179% 1.96% 2.00% 2,13% 2.77% 002008 2.66% 2,61% 261% 29 ON% 1.40% 1,72% 150% 2.07% 2.71% Nov 200E 2.38% 2.36% 2.36% 64 OA5% 0.49% 1.04% 1.25% 145% 2,57% Dec 2008 160% 0,18% 142% 116 005% 0.25% 0,59% 088% OW% 2.35% Jan 2009 1.36% 0.18% 123% 82 0.15% 0,35% 043% O88% 0.31% 2.D5% Feb 2009 1.23% 0,18% 1.11% 75 0.30% 0,50% 0.61% 088% 0.48% 1,87% Mar2009 126% 0.18% 1.13% 69 0,20% 0,42% 070% 088% 0.37% 1.82% Apr 209 0.94% 0,18% 085% 54 0,31% 0.33% 0.59% O.N% 026% 161% May 2009 0.92% 0.18% 0.84% 80 0,18% 0.30% 0.63% 088% 0.23% 1.53% June 2009 0.85% 0.29% 0,80% 111 0.20% 0.35% 0.55% 1,13% 0,26% 1.38% FYO9110 Juty2009 0.69% 0.30% 065% 111 0.19% 028% 0.47% 100% 0.28% 104% August 2009 064% 0.30% 0.61% 92 0,16% 0.26% 0.46% 1.00% 0.24% 0.93% Sept 2009 0.56% 0,31% 0.53% 112 0,12% 0.19% 0.41% 1.00% 0,19% 075% Cot 2009 0.52% 0.31% 0.50% 90 0.08% 0.19% 0,38% 1.00% 0,19% 0.65% Nov2009 0.56% 0.31% 0,53% 152 ON% 0.14% 0,32% 0,75% 0.15% 0,61% Dec 2009 056% 0,15% 0,51% 239 0.11% 020% 0,16% 1,00% 0.16% 0.57% Jan 2010 046% 0.15% 0,43% 179 0.08% 044% 0.34% 0,88%t 0.13% 0.56% 1`e1,2010 0.51% 0.16% 0.48% 162 0.13% OA9% 0,32% 0,88% 0,15% 0,58% Maf2010 0,50% 0.16% 0.47% 172 OA5% 024% 0.38% 1.00% 0.20% 0,55% Apr2010 0,52% 0.16% 048% 162 0,15% 024% 0,49% 1.00% 0.23% 0,59% May 2010 0,52% 0.16% 0.48% 116 0.17% 022% 0.37% 0.75% 0.28% 0.%% June 2010 0.48% 0.17% 0.41% 134 0.16% 0.22% '0.32% 063% 0.32% 0.53% FY 10111 July2010 0,50% 0.15% 047% 119 0.16% 0,20% 0.30% 0.63% 028% 053% August 2010 049% 0,15% O46% - 108 0.15% 0.19% 026% 0.3B% 025% 0.51% Sapt2010 0.65% 0,15% 0.51% 107 0.16% 0,19% 0.27% 0,38% 0.24% 0.50% 0012010 0.55% 0.15% 051% 88 0.13% 0,17% 023% 0.38% 0.23% 048% Nov2010 0,53% 0.15% 049% 84 0.18% 0.21% 028% 0.50% 023% 0.45% Dec2010 0.57% 0,14% 0,52% 265 0.15% 0,19% 0.30% 063% 023% 0.46% Jan 2011 0.51% 0.14% 0.43% 206 0.16% 0,18% 028% 063% 024% 0.54% Feb 2011 055% 0.17% 046% 210 0.15% 0.17% 0.31% 063% 023% 051% Mar2011 0,54% 0.17% 0.45% 218 005% 0,13% 0.26% 0,75% 0.23% 0.50% Apr2011 0.59% 0,17% 0.48% 192 0,05% 0.10% 0.28% 063% 0.20 % 0.%% 0.42 11 I i i • 4 i i i i t 1 , • I' i 1 "43 `F: `&tr 4 lw4�v COUNCIL/RDA MEETING DATE: July 19, 2011 ITEM TITLE: Receive and File Transmittal of Revenue and Expenditure Reports dated May 31, 2011 and Investment Summary Report for the Quarter Ending June 30, 2011 RECOMMENDATION: Receive and File. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: 3 STUDY SESSION: PUBLIC HEARING: Receive and File Transmittal of the May 31, 2011 Statement of Revenue and Expenditures for the City of La Quinta and Investment Summary Report for the Quarter Ending June 30, 2011. Respectfully submitted, ' \ 4—-KA1 John M. Falconer, Finance Director Approved- for submission by: /homas P. Genovese, City Manager Attachments: 1. Revenue and Expenditures Report, May 31, 2011 2. Investment Summary Report for the Quarter Ending June 30, 2011 044 CITY OF LA QUINTA REVENUES - ALL FUNDS 0710112010-0513112011 A 1 1 AL;111VIC1Y 1 I ADJUSTED FUNDS BUDGET RECEIVED RECEIVED General $37.518,37200 $28.804,352.26 76.80% Library 2,588,848.00 1,095,76L99 42.30% Gas Tax Revenue 1,104,000.00 775,253.27 70.20% Federal Assistance 431,087.00 16,320.00 3,80% JAG Grant 20,52300 18,589.00 00% Slesf(Cops) Revenue 100,09000 69.45 0 .10% Indian Gaming 000 0.00 0.00% Lighting & Landscaping %5,300.00 932,166.37 96.60 RCTC 0.00 0.00 0.00% Development Funding 0.00 0.00 0,00% Crime Violent Task Force 0.00 0,00 (1 AB 939 54,60000 15.914.20 29.10% Quimby 95,01 25.995.04 27.40% _ Infrastructure 1,450.00 1.109.83 76.50% Proposition lB 577.45500 129,099.37 2240% South Coast Air Quality 57.424.00 46,891 81.70% CMAQ4STEA 1,007,105,00 21,104,78 2,10% Transportation 446,30000 320,864.29 7190% Parks & Recreation 89.200.00 61.559.00 6900% Civic Corte, 3,117,60000 3069,20676 9840% Library Development 35,600,00 24,85000 7000% Community Center 11,600,00 8,38644 72,30% Street Facility 15.717.00 9,624.08 62.50% Park Facility 2,200,00 1.540,19 70,00% Fire Protection Facility 20,800.00 15,184.16 73.00% Arts In Public Places 33,925,00 51,270.22 151 A0% Interest Allocation 0.00 153,162.17 0.00% Capital Improvement 80,257,058.00 14,086,489.29 17.60% Equipment Replacement 34,376.00 32,464.98 94.40% Information Technology 6,295.00 5,240.61 83.30% Park Equipment & Facility 2,600.00 2,034.30 78.20% SilverRock Golf 3,652.60700 3,466,956.78 9490% SilverROCk Golf Reserve 63,429,00 827.84 1,30% La Quinta Public Safety Officer 2,100.00 2,068.17 98.50% Le Cana Financing Authority 6,603,455 00 6,594,463.26 99.90% RDA Project Area Na. 1 86,913,412.00 68,866,462.21 79.20 % RDA Project Area No. 2 41,618,758.00 38,506,518.71 92.10% La Quinta Housing Authority 2,519,790.00 2,247,892.77 8920% $270,167,977.00 $159,409,900.79 Total 045 2 CITY OF LA QUINTA EXPENDITURES - ALL FUNDS FUNDS ADJUSTED BUDGET 07MI/2010-00/3112011 EXPENDITURES ENCUMBERED REMAINING BUDGET PERCENT General 530286,02500 28,559,143.93 922131.98 10,704,749.09 727% Library 1,803,83B.00 1,176,050,35 000 627,787.65 65.2% Gas Tex 1,490,702.00 1,478,957.68 0.00 11,744.32 99294 Factual Assistance 431,08700 16,320.00 0.00 414,767.00 3.8% JAG Gram 20,64300 18,589.00 Dw 2,054.00 900% Sksf(Copsl Revenue 100,090.00 0.00 0.00 100,090.0) Dm Indian Gaming aw 0.00 0.00 0,00 0.0% Lighting & Landscaping - 965,3D0.DO 884,86200 0.00 80438.00 917% RCTC 0,00 0.DO 0.00 0.00 0.0% Development Agreement 0,00 0.00 0.00 0.00 0.0% CV Violets Crime Task Force 0.00 &W Dw 000 0.0% AS 939 486,588.00 275.325,61 2,0D0.00 209,26239 56.6% Quimby 10,245,761.00 1,907,305.39 0.00 8, 338,455,61 18.6% IMrastmclure 393,074. D0 0.00 0.00 393,07400 0.0% Proposition 18 577,45500 142.468,50 0.00 434,986,50 24.7% South Coast Air Quality 308,106.00 271.032,77 0.00 37.073.23 88.016 CMAQ 1007,105.00 126,911,16 0.00 880,193.84 12.6% Transponation 4,645436.00 1,165,517,26 0Do 3,479,918,74 25.1% Paris &Recreation SAW,00 5,492,56 0.00 4,307.44 56.0% Civic Center 261,858.00 224,468.01 0.Do 37.389.99 85.7% Library Development 12,700.00 7,56563 000 5,134.37 596% Community Center 0.00 0 DID 0.00 0,00 0.0% Street Facility 654,503,00 647,287.79 0.00 7,215,21 98.9% Park Fealty 2.91700 1,364.19 0.00 1,552,81 46.8% Fire PreltcBon 6,DD0.00 3,647.03 0.00 2,352.97 60.8% Arts In Pubic Places 476,200.00 76,34998 0.00 39985D02 16.0% Interest Allocation 000 0.00 0,00 0.00 0.0% Capital improvement 80,257,U60.00 14,086,489.29 1,471,200.00 64,699,37071 17.6% Equipment Replacement 640,383.00 181 8,611.20 4 '%111.69 29.1% lmormation Technology 535,752D0 325,24462 0.00 210,507.38 60.7% Perk Maintenance Facility 560,81500 53,142.54 000 507,67246 9.5% SiNerRock Goff 3,823,601.00 3,M,641.77 0.00 442,959,23 88.4% SilverRcc, Reserve D.00 000 0.00 000 0.0% LO Pubic Safety Officer - 2,000.00 000 000 200000 00% La Quints Financing Authority 6.600,456.00 8,5%,8%95 0.00 3,60506 99.9% Le Quints Housing Authority 1, 128,4X.00 587,271.66 0.00 443,973.08 000 RDA Prgea Area No. 1 112,75 ,575.00 68,462.052A5 5,425.25 44,287,097.60 60.7% RDA Project Area No. 2 54,855570.00 35,703,594.68 000 Y9,15197&32 65A% 0 046 3 CITY OF LA GUINTA 07/01/2010 - 05/31/2011 GENERAL FUND REVENUES DETAIL ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED TAXES: Property Tax 2,269,500.00 1.664,785.70 694.714.30 73.680% No Low Property Tax Distribution 3,983,630.00 3.772,520.95 211,109.05 94.700% Statutory Tax - LO 208.473.00 0.00 208,473.00 0.000% Statutory Tax -Riverside Cnty 82,400.00 76,251.25 6,148.75 92.540% Sales Tax 4,977,750.00 3,868,574.62 1.109.175.38 77.720% Sales Tax Reimbursement 1.923,188.00 1,088,006.09 835,181.91 56.570% Document Transfer Tax 384,300.00 361,510.93 32,789.07 91A70% Transient Occupancy Tax 4,000,000.00 3,815,1g9.60 184,800.40 95.380% Transient Occupancy Tax- Mitigation Measures 251,000.00 49,445.96 201,554.04 19.700% Franchise Tax 1,484,600.00 1.200.744.08 283,855.92 80.880% TOTAL TAXES 19,554,841.00 15,887.039.18 3,667.801.82 81.240% LICENSE & PERMITS: Business License 288,40000 259,428.94 28.971.06 89.950% Animal License 29,700.00 30,587.50 (887,50) 102.990 % Building Permits 200,000.00 212,860.22 (12.860,22) 106.430% Plumbing Permits 25,000.00 27,056.25 (2,056.25) 108,230% Mechanical Permits 19,000,00 26,376.87 (7,376.87) 138.830% Electrical Permits 28,000.00 29d02.27 (1,402.27) 105.010% Garage Sale Permits 15,000.00 15,2500D (250.00) 101 670% Mlso. Permits 67000.00 48,651.61 18.348.39 72.610% TOTAL LICENSES & PERMITS 672.100.00 649,613,66 22.486.34 96 650% FEES: Sale of Maps is Publications 4,00000 1, 525.03 2 474.97 38.130% Community Services Fees 351.550,00 343,43685 8,113.15 97,690% Finance 550 00 315.00 235.00 57,270% Bldg & Safety Fees 170,000.00 156,292,10 13,707,90 91.940% Bldg & Safety Lease Revenue 62,000.00 75.609.31 (13.609.31) 121.950% SMIP Fees 1,000.00 143.43 856.57 14340% Community Development Fees 50,000,00 55,415.61 (5,415.61) - 110.830% Public Works Fees 165,500.00 128,223.50 57,276.50 69.120% TOTAL FEES 824,600,00 760,960.83 0,639.17 52.280% INTERGOVERNMENTAL Motor Vehicle In -Lieu 3,314,950.00 1.755,133.70 1,559,816.30 52.950% Motor Vehicle Code Fines 102.900.00 62,931.12 19,966.88 80.590% Parking Violations 56.700.00 38,274.43 18,425.57 67.500% Miser Fines 166,500.00 141,645.94 24.854.06 85.070% Federal Govt Grants 192700.00 51,827.13 140.872.87 26.900% County of Riverside Grant _ 37,500,00 0,00 37, 500.00 0.000% State of California Grant 25,194,00 2.289.53 22,904.47 9.090% Fire Services Credit- Capital(10150003375010) 4,235,374.00 3.296,314.66 939,059.34 77.830% Fire Services Credit -Oper (10150003375000) 4,926,398.00. 3,245,455.36 1,680,942.61, 65.680% CVWD 16.80000 8,400,00 8,401 50,000% CSA152 Assessment 297,285.00 29,284.63 0.37 100.000% TOTAL INTERGOVERNMENTAL 13,372,301.00 8,919.556.50 4,452.744.50 66.(00% INTEREST 2,746,148.00 2,434,780,31 311,367.69 88.660% MISCELLANEOUS Miscellaneous Revenue 21700,00 27,373.36 (5,673.36) 126.140% AB939 20,000.00 42.017.51 122, 017,51) 210.090% Insurance Recoveries 8.29100 11,91448 (3.623.48) 143700% Assmnt Dist Surplus 0 00 0.00 0.00 0.000% Other Mitigation Measures 0,00 0.00 0,00 0.000 % Litigation settlement 0.00 0.00 0.00 0000% Advertising Coop 20,000.00 27,899.00 (7,899,00) 139,500% Cash Over/(Short) 5000 6417 (14.17) 128,340% TOTAL MISCELLANEOUS 70,041,00 109,268.52 (39.227.52) 156.010% TRANSFERIN 278,341.00 43,133.26 235,20774 15.500% TOTAL GENERAL FUND 37.518.372,00 28,804,352.26 8,714,019.74 76.770% 047 4 CITY OF LA OUINTA 07/01/2010-06/31I2011 GENERAL FUND EXPENDITURE SUMMARY ADJUSTED 06101/11 REMAINING BY DEPARTMENT BUDGET EXPENDITURES ENCUMBERED BUDGET PERCENTAGE GENERAL GOVERNMENT: LEGISLATIVE 665048.00 665.350.13 0.00 99,697.87 5976% CITY MANAGER'S OFFICE 45175 00 40,8 A8 0.00 47,106,52 89.57% DEVELOPMENT SERVICES 1,763, 500.00 1,522,805.38 0.00 240,6W.62 86.35% MANAGEMENT SERVICES 1,621150.00 128584138 62275 334685.87 79.32% TOTAL GENERAL GOVERNMENT 4,501,448.00 3,778,810.37 622.75 722,184.88 79.01% CITY CLERK 616,15,100 522,255.21 0.W 93,SN,75 79.52% TOTAL CITY CLERK 616, 154.00 522,255.25 .0.W 9.1598,75 79.52% COMMUNITY SERVICES PARKS& RECREATION ADMINISTRATION 1,092,319,W 897,865,45 0.00 194453,55 82.20% SENIOR CENTER 3 S25,W 314,648.72 2,830.W 67,046.28 WAG% PARKS & RECREATION PROGRAMS 318,525.00 169,199.49 2,830.00 148,495.51 53.12% LIBRARY 1,442,745.W 757,975.81 0.00 584769.19 52,54% PARK MAINTENANCE 1,174,00700 859,342.08 0.00 304664.92 74.05% MUSEUM 281,093,00 211864,15 0.00 69228,85 7828% TOTAL COMMUNITY SERVICES 4,693,214W 3.2 ,895.70 5,660.00 1,466,658.W 68.68% FINANCE: FISCAL SERVICES 986,2W,W 854682.86 0.00 133,54734 W,49% CENTRAL SERVICES 274W0.W 1W,623.37 0.00 - 85,776.63 68,73% TOTAL FINANCE 1,262,5W,W 11043206.03 0.00 219,323.97 82.63% BUILDING & SAFETY: BUILDING&SAFETY -ADMIN 332,=).W 2W,78647 0.00 37,513.53 88.71% BUILDING 860,W).00 763,347 44 0.00 96,952.55 88.73% _ CODE COMPLIANCE 945,7W.W 810,450.30 000 135,299.70 85.69% ANIMAL CONTROL 370,790.DO 305,049.99 000 65.740.01 82.27% FIRE 4,725,12&W 3,353,272. 83 000 1371653.17 67.70% EMERGENCY SERVICES 161,550.W 92,575.57 000 68,97443 573 CIVIC CENTER BUILDINGOPERATIONS 115897500 1,034875.02 000 124,099,98 8929% TOTAL BUILDING& SAFETY 8,554,791. DO 8,854,35].82 0.00 1,9 ,433.W 75.77% POLICE: POLICE SERVICES 12,733,306.W 8,021,125.85 0,00 4,712,180. 14 82.99% TOTAL PUBLIC SAFETY 12,733,W6.W 8,021,125.85 0.00 4,712, 180,14 8299% COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT -ADMIN 1,414,925.00 1,028,20 Y8 0.00 386, 720,22 72.67% CURRENT PLANNING 615,50060 4 1,792.77 0.00 180707.23 70.64% TOTAL COMMUNITY DEVELOPMENT 2,03 .4 5.00 1,462,9W.55 0.00 567,427.45 72,05% PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 638090.00 505.423,38 0.00 132,656.62 81.77% DEVELOPMENT& TRAFFIC 720,73500 613,39367 000 107,341.33 85.11% MAINT/OPERATIONS- STREETS 2.247,631.00 1,116,90272 0,00 1,130,728.28 49.69% MAINT/OPERATIONS- LTG/LANDSCAPING 1721,=).00 1,277,970.58 0.00 *13,05942 74.26% CONSTRUCTION MANAGEMENT 138552000 966,962.35 1584 N 002,708.42 76.29% TOTAL PUBLIC WORKS 6,713,666.66 4,4WA1270 15,849.25 2,216,504.07 W.15% TRANSFERS OUT 5.299, 554.00 4,58JWS2 0.00 716.767.48 198.43% GENERAL FUND REIMBURSEMENTS (7.118 413,00) (520778367) 000 (1910629.33) 74.64% NET GENERAL FUND EXPENDITURES 39,286,025.00 28,559,14393 22,131.98 10704,749.09 77S1% ME' CITY OF LA GUINTA 07/0 V2010 .0513112011 ALL OTHER FUNDS REVENUE DETAIL ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED LIBRARY: County of Riverside 2,588.848.00 1.096,079.00 1,492,769.00 42.340% Contributions 0,00 0.00 0.00 0.000% Interest 0.00 (317.01 317.01 0.000% TOTAL LIBRARY 2,588,848.00 1,095.761.99 1,493.086,01 42.330% GAS TAX REVENUE: Section 2105 228,000.00 169,658,96 58,341.04 74.410% Section 2106 138,300,00 107.249.91 31,05009 77,550% Section 2107 303,800.00 225.040.19 78,759.81 74.080% Section 2107.5 6,000.00 0.00 6,00000 0.000% Section 2103 427,800,00 273,457.23 154,342.77 63,920% Traffic Congestion Relief 0.00 0.00 0.00 0.000% Interest 100.00 (153.02) 25302 -153020% TOTAL GAS TAX 1,104,000,00 775,253.27 328,746.73 70.220% FEDERAL ASSISTANCE REVENUE: CDBG Grant 431,087.00 16.320.00 414,767.00 3.790% Federal Stimulus 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL FEDERAL ASSISTANCE 431,08700 16,320.00 414.767.00 3.790% JAG GRANT Grant Revenue 20,523,00 18,589.00 1,934.00 90.580% Interest 0.00 0,00 0.00 0.000% TOTAL JAG GRANT 20,523.00 18,589.00 1,934.00 90.580% SLESF(COPS)REVENUE: SLESF (Cops) Funding 100.000.00 0.00 100,000.00 0,000% Interest 9000 6945 20.55 77,170% TOTAL SLESF (COPS) 100,090,00 69,45 100,020.55 0,070% INDIAN GAMING Grant revenue 0.00 0.00 0.00 0.000% Interest 0.00 0,00 0.00 0000% TOTAL INDIAN GAMING - 000 0,00 0,00. 0000% LIGHTING & LANDSCAPING REVENUE: Assessment 966,300,00 932,166.37 33, 13363 96,570% Developer 0,00 0,00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL LIGHTING & LANDSCAPING 965,300.00 932,166.37 33,133,63 96.570% RCTC RCTC Funding 1 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL RCTC DEVELOPMENT AGREEMENT FUND Mitigation Measures 0.00 0.00 0.00 0.000% Interest 0,00 0.00 0.00 0000% Transfer'm 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 000 0.00 0.00 0.000% CLEF Line 0.00 000 000 0.000% Asset Forfeiture -State Adjudicated 0,00 0.00 000 0,000% Interest 000 ago 0 00 0,000% TOTAL CRIME VIOLENT TASK FORCE 0.00 000 000 0.000% AB 939 REVENUE: AB 939 Fees 000 0.00 0.00 0,000% Interest 4,600,00 3,41420 1,185.80 74.220% Transfer in 50,000,00 12,500,00 3750000 25000% TOTAL AS 939 049 0710112010 - 05/3112011 CITY OF LA QUINTA ADJUSTED REMAINING % ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET RECEIVED QUIMBY REVENUE: Quimby Fees 60.000.00 0.00 60.000.00 0.000% Donations 0,00 0.00 0.00 0.000% Interest 35,000.00 25,995.04 9,004.96 74.270% TOTAL QUIMBY INFRASTRUCTURE REVENUE: Ulilityrefuntl 0.00 0.00 0.00 0.000% Interest 1,450.00 1.109.83 340.17 76.540% Transfer in 000 0.0 0.00 0.000% TOTAL INFRASTRUCTURE 145000 1,109.83 340.17 76.540% PROPOSITION 18 - SE1266 Prop 18 Grant 575,785.00 127,851.90 447,933.10 22,200% Interest 1,670.00 1.247.47 422.53 74.700% TOTAL PROPOSITION 1 B SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution 48, 900.00 38,402.85 10,497.15 78530% MSRC Funding 8,224,00 8.224.26 (0.26) 100.000% Street Sweeping Grant 0.00 0.00 0.00 0000% Interest 300,00 271.59 28.11 90630% TOTALSCAO 57424,00 46,899.00 10,525.00 81.670% CMAQeSTEA Slate Grants 1, 007, 105,00 21,10478 91.22 2.100% Interest 0.00 0.00 000 0.000% Transfer In 0.00 000 000 0000% TOTAL TRANSPORTATION 1,007,105.00 21,104.78 986.000.22 2.160% TRANSPORTATION Developer fees 341,500.00 219,571.53 121,928A7 64.300% Interest 14,800.00 11.292.76 3,507.24 76.300% Donations 90.000.00 90,000.00 0.00 100.000% Transferin 0.00 000 0.00 0,000% TOTAL TRANSPORTATION 446,300.00 320,864.29 125,435.71 71,890% PARKS 6 RECREATION Developer fees 89,200.00 61.559.00 27,641.00 69.010 % Interest 000 0.00 0.00 0.000% Transfer in 0.00 0,00 0,00 0.000% TOTAL PARKS S RECREATION 89,200.00 61,559.00 27,641.00 691 CIVIC CENTER Developer fees 127,600,00 79,206.76 48,393,24 62.070% Interest 0,00 0.00 0.00 0,000% Transfer in 2,990,000,00 2,990,000,00 0.00 100.000% TOTAL CIVIC CENTER 3,117,600,00 3,069,206.76 48, 39324 98A50% LIBRARY DEVELOPMENT Developer fees 35,500.00 24.85000 10,65000 70.000% Interest 0.00 0.00 0.00 0,000% Transferin 000 0.00 0,00 0.000% TOTAL LIBRARY DEVELOPMENT 35,50000 24,85000 10.650.00 70.000% COMMUNITY CENTER Developer fees 740000 5,180.00 2.220,00 70,000 % Interest 4,20000 3,206.44 993.56 76.340% TOTAL COMMUNITY CENTER 11.600.00 8,386.44 3,213.56 72.300% �50 CITY OF LA OUINTA ALL OTHER FUNDS REVENUE DETAIL 0710112010.0513112011 ADJUSTED REMAINING % BUDGET RECEIVED BUDGET - RECEIVED STREET FACILITY Developer fees Interest Transfer In TOTAL STREET FACILITY PARK FACILITY Developer fees Interest TOTAL PARK FACILITY FIRE PROTECTION FACILITY Developer fees Interest TOTAL FIRE PROTECTION FACILITY ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places Arts in Public Places Credits Applied Insurance Recoveries Donations Interest TOTAL ARTS IN PUBLIC PLACES INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest Transferin TOTAL INTEREST ALLOCATION 12,800.00 8,459.89 4,340.11 66.090% 0.00 0.00 0.00 0.000% 2,917,00 1.31l 1,552.61 46 770% 15.717,00 9.824.08 5.892,92 62.510% 2,20000 1.540.00 66000 70.000% Ono 0.19 (0.19) 0000% 2, 200.00 1,540A9 659.81 70010s, 20.800.00 15,184.16 5.61584 73.000% OM 0.00 CM 0 000% 20.800.00 15,184.16 5,615,84 73.000% 30,825,00 48,89110 -(18,066,70) 158,610% 0.00 0.00 000 0,000% 0.00 0.00 000 0.000% 0.00 0.00 0.00 0.000% 3,100.00 2,378.52 72148 76,730% 33925.00 51.270.22 (17,346,22) 151.130% 0.00 153,162.17 (153,162.17) 0000% 0.00 0,00 0.00 0.000% 0.00 153,162.17 (153,162.17) 0000% 951 1 0710112010 - 0513112011 CITY OF LA OUINTA - ADJUSTED REMAINING % ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET RECEIVED CAPITAL IMPROVEMENT FUND: CVAG 1,920,627.00 311.690.11 1.608,936.89 16.230% CVWD 0.00 0.00 0.00 0.000% County of Riverside 163,206.00 102,010.60 61,195.40 62.500% Surface Transportation Funding 9,518,333.00 26,394.12 9,491,938.88 0.280% City of ndia 0.00 0.00 0,00 0.000% DSUSD 0.00 0.00 0,00 0.000% IID 160,160.00 146.679.46 13,280.54 91710% RCTC 0.00 0.00 0,00 0.000% Vista Dunes Housing LLP 0.00 0.00 0.00 0.000% SB821-Bicycle Path Grant 87,300.00 84,472.44 5,827.56 93.320% State of California 0.00 0.00 0,00 0.000% APP Contribution 0.00 000 0.00 0,000% Developer Agreement Funding 578,075.00 46.000.00 532,07500 7.960% Litigation Settlements 0.00 0.00 000 0,000% Transfers in From Other Funds 67,829,357.00 13,372,042.56 54,457,31444 19.710% TOTAL CIP REVENUE 80,257.01 14,086,489.29 66,170, 568,71 291.710% EQUIPMENT REPLACEMENT FUND: Equipment Charges 27,77600 27,776.00 0.00 100.000% Capital Contribution 0.00 0.00 000 0.000% Sale of Fixed Asset 000 0.00 000 0,000% Insurance Recoveries 0.00 0.00 0,00 0 000 % Interest 6,60000 4,668.98 191102 71.050% Transfers In 0.00 0.00 0 00 0.000% TOTAL EQUIPMENT REPLACEMENT 34,376.00 32,464.98 1,911.02 94.440% INFORMATION TECHNOLOGY FUND: Charges for services 2.29500 2,295.00 000 100.000% Capital Contribution 0.00 0.00 0.00 0.000% Sale of Fixed Asset 0.00 0.00 0.00 0.000% Interest 4,000.00 2,945.61 1,05439 73.640% Transfers In 0.00 0.00 0,00 0000% TOTAL INFORMATION TECHNOLOGY 6,295.00 5,240.61 1,054.39 88250% PARK EQUIPMENT 8 FACILITY Charges for services 0.00 0.00 0.00 0.000% Interest 2,600,00 2,034.30 565.70 76.240 % Capital Contributions 0.00 000 0.00 0.000% TOTAL PARK EQUIPMENT B FAC 2.600.00 2,034.30 565.70 78240 % SILVERROCK GOLF Green fees 3,11145800 2,989,60430 121,653,70 96.090% Rangefees 117,656.00 95.000.00 22,656,00 80,740% Resident Card 105,000.00 84,988.00 20012,00 80,940 % Bob Hope Chrysler Classic 000 0,00 0,00 0.000% Merchandise 306,49300 297,16448 9, 328.52 96,960% Food B Beverage 12,000.00 000 12,000,00 0000% Allocated Interest Income 0.00 0,00 0,00 0000% Transfers In 0.00 0.00 0 00 0.000 % TOTAL SILVERROCK GOLF 3,652,607,00 3,466,956.78 185,650.22 94,920% SILVERROCK GOLF RESERVE Interest 1.20000 827.84 372.16 68.990% Transfers In 62,229.00 0.00 62229.00 0.000% TOTAL SILVERI GOLF 63,429B0 827.84 62,601.16 1.310% LQ PUBLIC SAFETY OFFICER FUND Transfer In 2,000.00 2,000,00 0.00 100.000% Interest 100.00 68.17 31.83 68.170% TOTAL LO PUBLIC SAFETY 2,100.00 2,068.17 31.83 98 480% "52 E CITY OF LA QUINTA OTHER CITY FUNDS ADJUSTED 0W31111 REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET LIBRARY FUND INTERESTADVANCE D.W O.W 0.00 0.00 CAPITAL PURCHASES 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND TW3,838.00 1,176,050,35 0.00 627.787.66 TRANSFER OUT O.W O.W OW TOTAL LIBRARY FUND GAS TAX CONTRACT SERVICES - 0.00 0,00 000 0,00 REIMBURSE GENERAL FUND 1.016,184.00 .931,502.W 000 84,682.00 TRANSFER OUT 474 518 00 54] 41111 000 (72 937 68) - TOTAL GAS TAX FUND "4g!) 82.00 S93T. FEDERAL ASSISTANCE FUND: TRANSFER OUT 431,087.W 16,320.W 414,767.W TOTAL FEDERAL ASSISTANCE FUND JAG GRANT TRANSFER OUT TOTAL JAG GRANT 20,643W 18,589.W O.W 2,054.W SLESF(COPS) TRANSFER OUT TOTAL SLESF(COPS) FUND 1W,OW.W O.W 0,00 1WO .W.W INDIAN GAMING FUND TRANSFER OUT 0,00 0.00 0,00 0.00 TOTAL INDIAN GAMING FUND LIGHTING 3 LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 965,3W.00 884,W2.W O.W 8O438.W TRANSFER OUT O.W 000 000 000 TOTAL LTGI ANDSCAPING FUND RCTC TRANSFER OUT 000 0W O.W 0.W TOTAL RCTC DEVELOPMENT AGREEMENT FUND CONSTRUCTION 0,00 0.00 O.W O.W REIMBURSE GENERAL FUND O.W 0.00 OW O.W TRANSFER OUT O.W 0.00 O.W 0DO TOTAL DEV AGREEMENT FUND CRIME VIOLENT TASK FORCE OPERATING EXPENSES 0.W OW O.W 000 TRANSFER OUT 0,00 ODO O.W O.W TOTAL CRIME VIOLENT TASK FORCE 0,00 0,00 000 AS 939 OPERATING EXPENSES 223,10).W 113,26S48 2,WO.W 107,8W.52 REIMBURSE GENERAL FUND 69,209,00 M."11.00 0,00 5.761.00 TRANSFER OUT 194,279.W 98608.13 O.W 1,670.87 TOTAL AS 939 QUIMBY FUND: FEASIBILITY STUDY OW O.W 0.00 000 REIMBURSE DEVELOPER FEES 0.00 O.W O.W 0,00 TRANSFER OUT 10.245761.00 1,907,30539 0,00 8,338,455.61 TOTAL QUIMBY INFRASTRUCTURE FUND CONSTRUCTION 0.00 000 0.00 0.00 REIMBURSE GENERAL FUND 000 0.00 0.00 0.00 TRANSFER OUT 393,074 W O.W 0,00 393,074.00 TOTAL INFRASTRUCTURE PROPOSITION iB - SIB 12" TRANSFER OUT TOTAL PROPOSITION 1 B FUND 577,455,W 142,468.50 0.00 434.986.50 SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 48,9W.W 3107634 000 17,82366 TRANSFER OUT 259206.W 239,956.43 000 19249.5] TOTAL SOUTH COAST AIR QUALITY CMAQ PROJECT EXPENDITURES 0,00 O.W 000 OW TRANSFER OUT 1W7105.W 126911.16 0.00 880193.514 TOTAL CMAQ TRANSPORTATION PROGRAM COSTS O.W 0 W 0.00 0.00 CONTRIBUTION 0.00 O.W 0.00 0,00 TRANSFER OUT -. 4 1165517.26 0.00 3479,918.]4 TOTAL TRANSPORTATIONG�M 413600 PARKS & RECREATION INTEREST ON ADVANCE 9,BW.00 5,492.56 000 4,307.44 TRANSFER OUT 000 0 W 0.03 0. W TOTAL PARKS 6 RECREATION CIVIC CENTER SERVICES 0.00 2,042.10 0,00 (2,042.10) INTEREST ON ADVANCE 60,100.00 37,482.91 0.W ' 22,617.09 REIMBURSE GENERAL FUND 201,75B.W 18494300 0W 16,815.00 TRANSFER OUT 0W 000 O.W 0.W TOTAL CIVIC CENTER LIBRARY DEVELOPMENT PROGRAM COSTS 0.W 0,00 O.W O.W INTEREST ON ADVANCE 12.700.W 7,565.63 O.W 5.134.37 TRANSFER OUT O.W O.W O.W O.W n 53 TOTAL LIBRARY DEVELOPMENT V 10 CITY OF LA QUINTA OTHER CITY FUNDS ADJUSTED OW31111 REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET COMMUNITY CENTER PROGRAM COSTS 0.00 DO) 0.00 000 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL COMMUNITY CENTER STREET FACILITY PROGRAM COSTS 0,00 0.00 DW 0.00 INTEREST ON ADVANCE 13,100.00 SN5.IS 0.00 7,214.82 TRANSFER OUT 841403.00 641.402.61 0.00 039 TOTAL STREET FACILITY PARK FACILITY PROGRAM COSTS 0.00 000 0,00 0.D0 TRANSFER OUT 291700 1,364.19 0.00 1,552,81 - TOTAL PARK FACILITY .1 FIRE PROTECTION INTEREST ON ADVANCE 6,000.00 3,64703 Dw 2,352.97 TRANSFER OUT 0.00 0,00 Dw 0.00 TOTAL FIRE PROTECTION DIF _ ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 20,OOD.00 15,020.DO D.00 4,980.00 OPERATING EXPENSES-APP 4,703.00 834.23 0.00 3,865,77 ART PURCHASES 251,500.00 60,495.75 000 191,I)IM25 TRANSFER OUT 200000.00 DOD 0.00 210,000.021 TOTAL ART IN PUBLIC PLACES476,20000 CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 79,335,439.00 13,955,146.97 1,471,200.00 63,9D9,092.03 PROJECT REIMBURSEMENTS TO GEN FUND 921,621.00 131,342.32 Dw 790278 N TRANSFER OUT DW 0.00 Dw 0.00 TOTAL CAPITAL IMPROVEMENT_ , EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 460,099.00 181.430.11 8,811.20 269,85769 DEPRECIATION EXPENSES 175,084.00 0.D0 0.00 175,084,00 CAPITAL PURCHASES 5,200.00 5.200.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL EQUIPMENT REPLACEMENT FUND INFORMATION TECHNOLOGY FUND OPERATING EXPENSES DEPRECIATION EXPENSES CAPITAL PURCHASES PARK MAINTENANCE FACILITY OPERATING EXPENSES DEPRECIATION EXPENSES CAPITAL PURCHASES TRANSFER OUT SILVERROCK GOLF OPERATING EXPENSES TRANSFER OUT SILVERROCK GOLF RESERVE TRANSFER OUT LA QUINTA PUBLIC SAFETY CONTRIBUTIONS 273,654.88 0 w 0,00 0.00 59,000.00 48,587.90 0,00 10,412,10 "1, 39100 0.00 Dw 441.391.00 0.00 000 Dw 000 60,424.00 4!TI21 0.00 55,869.36 TOTAL PARK MAINTENANCE FAG 3,761,372.00 3,380,641,77 000 380,730.23 62,229.00 0.00 0,00 62,22900 TOTAL SILVERROCK GOLF 3,823.601A)ID 0,00 0.00 0.00 0,01) 0.00 TOTAL SILVERROCK GOLF RESERVE TOTAL LA QUINTA PUBLIC SAFETY 2000.00 0.00 0.00 2,0D0.00 054 11 ATTACHMENT 2 r,. m C u e O O O m a ; MM S O N � y � N N c 0 m O aOD fOD arnD O A rloro oa6n r N n� � � !WJ �n�oorapo�w yoy O m O OI 0 OI O N V O O Y f O V p w Q N W � N i O n N M N O O f O N O rm .L Y I n 0 mOM1AOmAmmmfONN r.0 W O1010g000(m 0)OOY V V � (Op p --mNOI.V VVV�O�NNNyV O O O O O O O O O O O O O O O O O O O O O O O O O O O O 00000000000 a o a 0000000000 r0000000��� .� o00000000oo'oom izzwz a J F a V O UrnZ mLL C 0-oac €a E v - aULLE� cciH U'U one € 9F- m m 22 O W W >• n N n N C N N m rromWm0ccm3`oao wCO O O r U p w W o L' c m� =eO fOZ Z'- W O �^ LLHFI-�UC7 F-2o 2'1LL O fL Jw a 3cf0 m. O L E $ c m a E G y m W E d m=Eac = w m N yf N m N C V m L w E o d L m C W Z mm.E Y N m E m o a « m a w c o o E m' C 0 m E d U a co `o m a v N y b 0 m U N v � Q N J �55 12 COUNCIL/RDA MEETING DATE: July 19, 2011 ITEM TITLE: Approval to Excuse Commissioner Mark Weber's Absences from the July 12, 2011, Planning Commission Meeting RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: �{ CONSENT CALENDAR: l STUDY SESSION: PUBLIC HEARING: Approve a request from Commissioner Mark Weber to be excused from attending the July 12, 2011, Planning Commission meeting. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The La Quinta Municipal Code, Section 2.06.020(B) includes the statement: "A board or commission member may request the City Council to excuse an absence after -the -fact where such extenuating circumstances prevented the member from seeking advance permission to be absent. If such permission or excuse is granted by the City Council, the absence shall not be counted toward the above -stated limitations on absences." Staff has discussed this section with all Commissions and, in response, Commissioner Weber has requested of the City Council to be excused from the July 12, 2011, Planning Commission meeting. The request was made prior to the Planning Commission meeting and is included for your consideration (Attachment 1). 056 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve Commissioner Weber's request to be excused from the July 12, 2011, Planning Commission meeting; or 2. Deny Commissioner Weber's request; or 3. Provide staff with alternative direction. Respectfully subWitted, ning Approved for submission by: d Thomas P. Genovese, City Manager Attachment: 1. Request from Commissioner Weber 057 Monika Radeva ATTACHMENT # 1 From: Carolyn Walker Sent: Monday, July 11, 2011 9:57 AM To: Monika Radeva Cc: Les Johnson; David Sawyer Subject: FW: Absence from Planning Commission Meeting July 12th Attachments: AVG Certification.txt image001.png From: Mark Weber [mailto:mweber@cveza.org] Sent: Wednesday, July 06, 2011 5:26 PM To: Carolyn Walker Subject: Absence from Planning Commission Meeting July 12tfi Carolyn, I will be attending the July 26'" Planning Commission Meeting, but could you advise Mr. Johnson that I am unfortunately scheduled to be out July 12'" and will therefore be unable to attend the Planning Commission Meeting that evening. I have a trip to Sacramento and a Solar Economic Development recruitment Conference out of town which will hopefully lead to additional interest in the Coachella Valley, ultimately resulting in companies moving to our Coachella Valley and more jobs for our community/citizens. I was hoping the Mayor and City Council would consider another formal excuse for my absence for this meeting. As you are aware, I continue to work our Planning Commission actions and remain involved in the items and activities outside of the actual meeting and will continue to do so. Regards, Mark Weber Manager Coachella Valley Enterprise Zone Authority 45-125 Smurr Street, Suite A Indio, CA 92201 Tele: 760.391.5176 Cell: 760.399.7224 Fax: 760.391.5178 "It's another beautiful day in the Coachella Valley!" Visit us at www.eveza.org Save our Enterprise Zones. Visit www.6obsandsafecommunities.com to advise your Legislative representatives today. They need to hear directly from you! Find us on Facebook 0'58 Titf 4 4 4" COUNCIL/RDA MEETING DATE: July 19, 2011 ITEM TITLE: Authorization for Overnight Travel for the Emergency Services Coordinator to attend the California Emergency Services Association 2011 Annual Conference in San Diego, California, October 3-6, 2011 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 5 STUDY SESSION: PUBLIC HEARING: Approve the overnight travel for the Emergency Services Coordinator to attend the California Emergency Services Association (CESA) 2011 Annual Conference in San Diego, California, October 3-6, 2011. (Attachment 1) FISCAL IMPLICATIONS: The City of La Quinta will be reimbursed after -the -fact by the Riverside County Operational Area Training Grant Program for Homeland Security. The up -front costs associated with the attendance at the training will be funded from the Travel and Training fund, account #10-5056-425.51-01 (Attachment 2). • Registration $500 • Hotel ($159 per day) $636 • Meals ($50 per day) $200 • Transportation city vehicle Total $1,336 CHARTER CITY IMPLICATIONS: None, BACKGROUND AND OVERVIEW: This training will improve the skills and abilities of the Emergency Services Coordinator. Training topics include "Finance Recovery," "Volunteer Management," "Crisis and Risk Communications," and "All Hazards Preparedness." 059 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the overnight travel for the Emergency Services Coordinator to attend the CESA 2011 Annual Conference in San Diego, California, October 3-6, 2011; or 2. Deny the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, G g Butler, Buil i and Safety Director. Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Description of training course 2. Riverside County "Funding Acknowledgement' form ' 60 ATTACHMENT 1 California ftergeney Services AAM1110t€e1v wal Annual C®nferen m BaiWngr aP Champlanil reams Keynote Speakers include Dr. James Reese "Emergency Response Stress Management" Richard Sheirer "Managing the Everyday Incident: From Minor Crisis Catastrophic Event Steve Gilliand "Enjoy the Ride: A Roadmap to Success Expert Panel "Japan: What Happened, Nuclear Power in CA and Lessons Learned" Training Opportunities • Finance Recovery Training ■ EOC Section Training: Planning/lntelh not ■ Crisis and Risk Communications • . Mgt 312 — Senior Officials Workshop for All Hazards Preparedness. Breakout Sessions include ■ Moving Beyond Facebook and Witte#r . • Complete Guide to Emergency Management, Abridged ; • Volunteer Management • Non -Structural Earthquake Integntya Mitigation ■ Social Media Lab: Let's Boot Up! • Emergency Management 101'for ��iness • Animals in Disaster • Disaster GIS Mappingand Your.:EO • Developing Your Elevator Speech • CESA Award Winning Programs: Tips,from the Best ■ An Emergency Manager and Survivor Registration Information Send registration form and payment payable to: California Emergency Services Association - Southern Chapter P.O. Box 630220, Simi Valley, CA 93063 (805) 520-5854 (phone) (805) 585-3227 (fax) tallegrae-cesa.net or www.cesa.net Credit card payments are accepted from American Express, Visa or Mastercard. Awards Luncheon . The 2011 CESA Awards luncheon is the. highlight of every annual conference. We . will be acknowledging and commending to California's best programs and people in emergency management community. Networking Opportunities Pre -Conference Temecula Tour, Sunday, October 2, 2011 Welcome to San Diego Hotel, Mixer Team, 'CESA Clubhouse Seventh Inning Stretch Player's Auction and Team Quest ,�oii�fessrscs��Dd#es ! training Day, Monday, October 3, 2011 Conference, Tuesday, October 4 through Thursday, October 6, 2011 C$niferQ nc¢ Fees $85 Rib -Conference Temecula Tour $75- Conference Training Day $500 Early Bird CESA member $6p0 EarlyiOrd non-CESA member $0 Late Registration CESA member 3650 Late Registration non-CESA member $50 Additional Awards Banquet Luncheon ticket 418b ld itio[ at pleas k cet r ntire Go erenoe , Meeting Location and Lodging All conference sessions and trainings are held at the Crowne Plaza Hotel. When making reservations at the. hotel, request the CESA Conference Room rate of $109 which includes Wi-Fi and Parking. Taxes are not Included. Crowne Plaza Hotel: For Reservations: 1-800-593-5447 Visit the CESA website at: www.ceso.net for the complete conference brochure! r�l gem Riverside County Fire Department Office of Emergency Services Riverside County Operational Area Homeland Security Grant Training Program FY10 Attachment 2 FUNDING ACKNOWLEDGEMENT FORM Your city has.,agreed to participate in the Riverside County Operational Area Training Grant Program for'Nomeland Security Grant Program FY10. Because your city will be required to pay for all training/conference expenses up -front and be reimbursed by the grant after -the -fact, it is necessary for our office to confirm your cities ability to participate in this program. Once you have read and agree, please sign and return this document to the Riverside County Fire Department Office of Emergency Services (DES) via fax at (951) 955-8940 or by PDF via email to: Kathleen. henderson@fire.ca.gov. All forms must be stoned and received In our office no Later than Monday. 1. Your city acknowledges and agrees they have read and understand the Riverside County Board of Supervisors Travel Policy D-1 (revised August 2010) and the DES `Travel Do's and Don'ts' document which clearly outlines travel requirements and reimbursement processes. 2. Your city acknowledges and agrees that it is their obligation to contact DES with any questions or concerns about these policies prior to making any arrangements for travel 3. Your city understands and agrees to pay for ail conference related expenses in advance and that they will be reimbursed for eligible expenses once the participant returns from the conference and submits all required documentation to OES. Expenses for attending such trainings`may include but are not limited to: hotel, flight, conference registration, car rental and per diem. 4. Your city understands and agrees that prior to reimbursement for any travel or conference expenses, all documentation must be reviewed and approved by DES to insure compliance with Riverside County Board of Supervisors Travel Policy D-1 and with all grant requirements. Reimbursement to the city for such expenses may take several weeks to receive. 5. Your city understands and acknowledges that in order to be eligible to attend the WebEOC Conference your city must either 1) already have and utilize the WebEOC system, or 2) intend to purchase and use the WebEOC system within the next three years. 6. Your city understands and acknowledges that the baseline for each city is a maximum of one person per city per course and DES' baseline is a maximum of two persons per course; however, DES reserves the right to increase these numbers based on total available funding and/or total number of requests to attend a particular training IDENTIFIED COURSE In addition to acknowledging the items listed above, we would also like your city to acknowledge the courses which have been identified by your full-time, part-time or volunteer Emergency Services Coordinator as courses that they would like to attend or that they would like to send appropriate staff to. Pending receipt of this signed document at DES, DES will award -funding to your city to attend these trainings/conferences. By signing this your city accepts financial responsibility for your full-time, part-time or volunteer Emergency Services Coordinator or other identified staff to attend each course listed, unless your specifically identify that a particular course is not approved. Should you decide to indicate a particular course as not -approved by your city [for this person to attend], please line through that course and indicate'DENIEW so that we will know that you are not authorizing travel to that course and subsequently DES will not approve funding for it. City of La Qulnta: # to Avg. Cost per Training Class/Conference Date Location Attend Person Estimated Costs CESA 10/1 -1016 San Diego 1 $ 1,600.00 1 $ 1600.00 10/12 - 1 IAEM 10117 Las Vegas 1 S 2,200.00 $ 2.200.00 I acknowledge that I have read and understand the items outlined above and thereby authorize the city full-time, part-time or volunteer Emergency Services Coordinator or other identified staff to attend such trainings/conferences. Signature of Emergency Ser0da Coordinator 15ate Signature of City Manager or Financial Officer Date "62 T4pf 4 4 a" AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: July 19, 2011 BUSINESS SESSION: _ ITEM TITLE: Authorization for Overnight Travel for the / Emergency Services Coordinator to Attend the CONSENT CALENDAR: T International Association of Emergency Managers STUDY SESSION: Annual Conference & Emergency Management Exposition in Las Vegas, Nevada, November 1 1-17, PUBLIC HEARING: 2011 d*K+]Ptldd4Pl*lelllIIs] ki M Approve the overnight travel for the Emergency Services Coordinator to attend the International Association of Emergency Managers Annual Conference (IAEM) and Emergency Management Exposition in Las Vegas, Nevada, November 1 1-17, 2011 (Attachment 1). FISCAL IMPLICATIONS: The City of La Quinta will be reimbursed after -the -fact by the Riverside County Operational Area Training Grant Program for Homeland Security. The up -front costs associated with the attendance of the training course will be funded from the Travel and Training fund, account #10-5056-425.51-01. (Attachment 2). • Registration $495 + Hotel ($159 per day) $636 • Meals ($50 per day) $200 • Transportation city vehicle Total $1,331 CHARTER CITY IMPLICATIONS: None 063 BACKGROUND AND OVERVIEW: This annual conference will improve the skills and abilities of the Emergency Services Coordinator. Training will consist of current trends and topics, and information about the latest tools and technology in emergency management and homeland security. A concurrent exposition will showcase the leading technologies, products, and services in emergency management. FINDINGS AND ALTERNA The alternatives available to the City Council include: 1. Approve the overnight travel for the Emergency Services Coordinator to attend the IAEM 2011 Annual Conference in Las Vegas, Nevada; or 2. Deny the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, , Building & Safety Director Approved for submission by: 'Thomas P. Genovese, City Manager Attachments: 1. Description of training course 2. Riverside County "Funding Acknowledgement" form HE ep,E�n ANtVAL Joy M� / s i„ NON-PROFR �l L/ .! • � 1 ATTACHMENT 1 Las Vegas! 1�1E�11�1 Fa la hutch. VA ' - - ••••�••�•r' Permit a(i02 a,Mrpnrr M•nnanrn NOVEMBER 11-17, 2011 201 Park Washington Court Falls Church VA 22046 Who Should Attend: w .IAEM.wm n Emergency Managers'•EME%.org n Homeland Security Officials - - - n First Response Coordinators • Contingency Planners - - • Private Industry Risk Managers - . Operations Personnel n Contract Services Providers Benefits of Attendance: _ EmergencyServices- Coordim for City of La Quinta Education and Training: A forum for current trends and topics, PO BOX 1504 information about the latest tools and technology in emergency Ca Quinta, CA 92247-1504 management and homeland security. _ 114un1l1tlirl Bill III lilt �(l�«un�u�rr�1F� Collaboration: A place for stakeholders at all levels of government, private'sector, public health and (elated professions to exchange ideas on how to protect lives and property from disasters. Networking: More than 2,500 leading emergency managers and homeland security decision makers. Products and Services: EMEX 2011 showcases the leading _ "achnologies, products and services in emo4'gency management. - Y www.IAEM.coni 1 FOR EMERGENCY MANAGERS FOR EMERGENCY MANAGERS Headquarters Hotel Rio All -Suites Hotel $95/single or double Reservation deadline: October 11, 2011 - For reservations, call 1-888-746-,6965 . Early Bird Registration Fees: IAEM Members Full Reg Fee........ WV IAEM Non Members Full Reg Fee .... $595• ('See website for basic reg fee that does not include. ticket to Sunday night Welcome Reception or Wednesday Banquet.) Registration foes increase by $75,Rlter September 1. Amanda Ripley Author, The Unthinkable: Who Survives When Disaster Strikes —and Why Amanda Ripley is the author of The Unthinkable, the first mass -market book to explain how the brain works in disasters. Ms. Ripleys work is unusual and compelling. She doesn't just explain what happens in disasters; she extensively investigates why people do what they do, and how we can do better, combining science with storytelling. As a longtime contributor at TIME Magazine, Ms. Ripley has traveled the world studying disasters, natural and man made. She chronicled Hurricanes Katrina and Rita from New Orleans, helping TIMEwin two National Magazine Awards. She covered 9/11 from Manhattan, the sniper attacks in and around Washington, DC, and from Paris, the catastrophic 2003 European heat wave which killed an estimated 50,000 people. Ms. Ripley has received awards from the Society of Professional Journalists, the Newswomen's Club of New York and the Washington Monthly, among others, and she is a two- time Livingston Award finalist. Emergency Management �Rc ly�irfa Institute at IAEM - somsuuto sscu exvo- www.�mex.ere FEMA Training offerings - - are a popular add -on to the IAEM Annual To reserve a booth today, Conference and a great way to maximize visit www.EMEX.org or calf continuing education. For announcements 703-538-1795 x 1704 and specific courses, see www.laem.com/ Conference This is the event that brings together Professional Development _ homeland security and disaster Hours preparedness suppliers in the same building, under the auspices Professional Development Hours IAEM. of the International Association of awards "Certificates of Attendance" to Emergency Managers (IAEM): conference attendees thatreflectconference - participation hours. These hours may be applied toward the CEM• and AEM Sponsorship Opportunities programs. Maximize your conference participation and on -site product, Conference Justification Toolkit awareness. Flexible sponsor For ways to convince your boss that you' options are available. Contact need to attend IAEM 2011, download an Kristine Wise 703-538-1795 x1704, official invitation, budget -conscious details- or wise@iaem.com and more. See www.laem.com/Conference. EMEX Hours (tentative( Early Bird November 14:6:00pm-8:00pm, < discount expires November 15:710am-7:00pm, September 1, 20111 November 16:7:30am-2i00p� KEYNOTE SPEAKER - .i�;. combining practical how-to with real -world ' " "a �,,, comedy —has received standing ovations from "NOVaudiences as large as 13,000. si Jason Ryan Dorsey; The Gen Y Guys Crossing the Generational Divide. Leveraging the Power of GeneratlonsTM for Your Strategic Advantage _ Jason Ryan Dorsey knows the generation.gap firsthand. His Boomer, mom keeps checking on him. His Gen Y sister won't be his Facebook Friend. His Traditionalist grandfather calls every Sunday —from a landline. Most important, his generational strategies and ready -to -use best practices have created significant breakthroughs for companies and individuals around the world. He has been featured as a generational expert on 60 Minutes, 20120, The Today Show, The View, and in Fortune Magazine and The Wall Street Joumal. His unique speaking style — Gordon Graham Ignoring Problems Lying. In Wait: The Ultimate High Stakes Gamble Gordon Graham is a 33 year veteran of California Law Enforcement. His education as a Risk Manager and experience as a practicing Attorney, coupled with his extensive background in law enforcement, have allowed him to rapidly become recognized as a leading professional speaker in both private and public sector organizations with multiple areas of expertise. Today, Gordon divides his time between study,. research, writing, speaking, and consulting in the discipline of risk management. His innovative programs, based on the values and beliefs he learned as a child along with a passion for continuous improvement, are the standard for any organization that wants. to improve existing operations and prevent things from going wrong. 066 rt IRRE' b e•=r. Riverside: County Fire Department Office of Emergency Services Riverside County Operational Area Homeland Security Grant Training Program FY10 FUNDING ACKNOWLEDGEMENT FORM Attachment 2 Your city has. agreed to participate in the Riverside County Operational Area Training Grant Program for Homeland Security Grant Program FY10. Because your city will be required to pay for all. training/conference expenses up -front and be reimbursed by the grant after -the -fact, it is necessary for our office to confirm your cities ability to participate in this program. Once you have read and agree, please sign and return this document to the Riverside County Fire Department Office of Emergency Services (OES) via fax at (951) 955-8940 or by PDF via email to: 1. Your city acknowledges and agrees they have read and understand the Riverside County Board of Supervisors Travel Policy D-1 (revised August 2010) and the DES "Travel Do's and Don'ts" document which clearly outlines travel requirements and reimbursement processes. 2. Your city acknowledges and agrees that it is their obligation to contact DES with any questions or concerns about these policies prior to making any arrangements for travel. 3. Your city understands and agrees to pay for all conference related expenses in advance and that they will be reimbursed for eligible expenses once the participant returns from the conference and submits all required documentation to DES. Expenses for attending such trainings may include but are not limited to: hotel, flight, conference registration, car rental and per diem. 4. Your city understands and agrees that prior to reimbursement for any travel or conference expenses,. all documentation must be reviewed and approved by DES to insure compliance with Riverside County Board of Supervisors Travel Policy D-1 and with all grant requirements. Reimbursement to the city for such expenses may take several weeks to receive. 5. Your city understands and acknowledges that in order to be eligible to attend the WebEOC Conference your city must either 1) already have and utilize the WebEOC system, or 2) intend to purchase and use the WebEOC system within the next three years. 6. Your city understands and acknowledges that the baaeline for each city is a maximum of one person per city per course and DES' baseline is a maximum of two persons per course; however, DES reserves the right to increase these numbers based on total available funding and/or total number of requests to attend a particular training: IDENTIFIED COURSES In addition to acknowledging the items listed above, we would also like your city to acknowledge the courses which have been identified by your full-time, part-time or volunteer Emergency Services Coordinator as courses that they would like to attend or that they would like to send appropriate staff to. Pending receipt of this signed document at DES, OES will award. funding to your city to attend these trainings/conferences. By signing this your city accepts financial responsibility for your full-time, part-time or volunteer Emergency Services Coordinator or other identified staff to attend each course listed, unless your specifically identify that a particular course is not approved. Should you decide to indicate a particular course as not -approved by your city [for this person to attend], please line through that course and indicate'DENIED" so that we will know that you are not authorizing travel to that course and subsequently OES will not approve funding for it. City of La Qulnta: # to Avg. Cost per . TrainingClass/Conference Date Location Attend Person Estimated Costs CESA 1011 -1016 San Diego 1 $ 1,600.00 1 $ 1,600.00 10/12 - IAEM 10/17 Las Vegas 1 $ 2,200.00 1 $ 2,200.00 I acknowledge that I have read and understand the items outlined above and thereby authorize the city full-time, part-time or volunteer Emergency Services Coordinator or other identified staff to attend such trainings/conferences. Date Signature o— Emergency Servi es Coordinator Signature of City.Manager or Financi I Officer Date T"df 4 4 a" COUNCIL/RDA MEETING DATE: July 19, 2011 ITEM TITLE: Authorization for Overnight Travel for the Community Safety Manger, Senior Code Compliance Officer, and two Code Compliance Officers to attend the 2011 California Association of Code Enforcement Officers Annual Training in Pacific Grove, California, September 6-9, 2011 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the overnight travel for Community Safety Manger, Senior Code Compliance Officer, and two Code Compliance Officers to attend the California Association of Code Enforcement Officers (CACEO) Annual Seminar in Pacific Grove, California, September 6-9, 2011 (Attachment 1). FISCAL IMPLICATIONS: The cost associated with the training will be funded from the Travel, Training Meetings account # 101-5004-424.51-01. Attendees will be traveling by city vehicle to the training. Registration fees will include conference fee, meals, and lodging. Community Safety Manager $225.00 Senior Code Compliance Officer $550.00 Code Compliance Officer II $550.00 Code Compliance Officer 1 $550.00 Total $1,875.00 CHARTER CITY IMPLICATIONS: None M This annual seminar provides training that will improve the skills and abilities of the Code Compliance Staff, as well as continuing education hours necessary to maintain their certifications. The course offerings cover numerous topics including "How to Deal with Difficult People," "Officer Safety - Gangs," "Human Trafficking," "Healthy Homes," "Hoarding," and "Medical Marijuana Concepts." These specific topics, taught from the perspective of achieving code compliance, are not currently available at other seminars or locations. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the overnight travel for Community Safety Manger, Senior Code Compliance Officer, and two Code Compliance Officers to attend the California Association of Code Enforcement Officers Annual Seminar in Pacific Grove, California, September 6-9, 2011; or 2. Deny the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, & Safety Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Description of training course 069 Attachment I WA i Join us. 2011 CACE0 Annual Seminar SEPTEMBER 6-9, 2o11 .e ASILOMAR CONFERENCE GROUNDS. JOIN CACEO FOR OUR 2011 ANNUAL SEMINAR in beautiful Pacific Grove, CA at theAsilomar. Conference Grounds! The Annual Seminar Committee has worked diligently to build a top-notch educational program, including Dealing with Difficult People, Fight, Flight or Comply; and Medical Marijuana sessions, just to name a few! We also will host the exhibitor showcase for two and one-half days beginning Tuesday evening and continuing through Thursday. A diverse group of vendors will be displaying the latest Innovations and products for code enforcement professionals. Ahr Y ih WHO SHOULD ATTEND? WHY SHOULOYOO ATTEND? t • Code Enforcement Officers • It's THE conference for Code Enforcement Officers • Manager, Supervisor and Senior Officers • Experience two fill days of topnotch educational • building and Safety Personnel - opportunities - • Public Safety and Health Department Officials • Choose from nearly 16 dosses to most your • Legal Services and Adminislrotive Support educational goals . • Elected Officials and PoGeymakers • See the "latest and greatest" at the exhibitor showcase • Share networking opportunities with peers • Them's something for everyonel I I I I 1 1111111111111111 MISSION STATEMENT III 111 J I I I I I I I I 1111111111111111111111111111111111111111111111111111 11111111 CACEO represents and supports its members by: - Providing comprehensive code enforcement education, training and certification Providing legislative advocacy Facilitating a network for the exchange of information and support Promoting the image and professionalism of code enforcement U7JL nunnnnnnuEnrun�nn�nnurnnuunuu(iuiun�nnnnunniriruniirinunuuuuununnuuun� GENERAL INFORMATION AND FREQUENTLY ASKED QUESTIONS WHERE ISTf9E SErdWAR? All activities associated with the 2011 Annual Code Enforcement Seminar and Exhibitor Showcase take place at:. Asilomar Conference Grounds 800 Asilomar Blvd. Pacific Grove, CA 93950 HOW DO I REGISTER? The deadline to pre•register for the conference is August 26, 2011. Registrations "made after August 8, 2011 are subject to hotel availability. You have the option of filling out the attached registration form at the back of this brochure or signing up online of www.ccceo.us. WHAT W I REOHITER ArMIATHE AUGUST 20s 20I I DEADLME? There will be an additional $20 fee For onsite registration. WHAT IS THE CANCELLATION POLICT? Cancellations must be submitted IN WRITING and received by CACEO (via fax, mail or email) no later than August 26, 2011. All cancellations received on or before August 26, 2011, will be refunded less a $25 processing Fee. There will be NO refunds for cancellations made after August 26, 2011. - CAN I REGISTER A OVCST? ARE THERE SPECIAL GROUP RATES Guests may join you for all meal AVAILABLE AT THE ASILOMAR functions during your stay at COMMENCE GROUNDS? Asilomor provided you have properly - Special this year, CACEO will be making all hotel. registered them as a guest staying arrangements For the attendees staying on property . on property. Please note that at the Asilomar Conference Grounds. Registration educational sessions are reserved for fees include Annual Seminar registration, three those, who pay full conference fees. nights' accommodations on the Asilomar property -I and all meal functions throughout the duration of the. WHEN CAN I PICK OP MT seminar. Please note there will be no discounts on REOISTRATION - shortened hotel stays.. MATERMLS? Registration materials, including badges, tote bogs and an up-to-date conference onsite guide, will.be available onsite at the registration desk during the following hours: Tuesday, September 6, 2011 5.00 - 6:00 P.M. Wednesday, September 7, 2011 7:00 a.m. - 3:00 p.m. Thursday,,September 8, 2011 7.00 a.m. - 3:00 p.m. Friday, September 9, 2011 7.30 10:00 a.m. EXI1DRr OR SHOWCASE The Exhibitor Showcase takes place over two and one•half days, allowing all attendees the opportunity to conduct business with exhibitors. Exhibitors ploy a major part in our ability to offer you quality educational programs. Please support our exhibitors by visiting their booths and surveying their products and services onsite. Check the CACEO website for an updated list of exhibitors. Exhibitor Showcase Hours Tuesday, September 6, 2011 5:00 - 8:00 P.M. Wednesday, September 7, 2011 7:30 a.m. = 5:00 p.m. Thursday, September 8, 2011 8:00 a.m. - 5too P.M. - - Agenda is fentative and subject to change. AGENDA AT A GLANCE New This year the courses are designed to fall under one of three categories: Module A, Officer Safety, and Module B. Below you will find a summary of the courses in each category: MODULE A - Blight Busters - Ways to Fund Programs - NPDES - Human Trafficking - Healthy Homes - Hoarding OFFICER SAFETY - How to Deal with Difficult People - Officer Safety - Gangs - Officer Safely & Self Defense Fight, Flight or Comply MODULE B . . • Code Enforcement Volunteers • From Demoralized to Inspired - CaIEMA SAP • First Aid - Field Supervision - Medical Marijuana Concepts Tuesday -September 6 REGISTRATION AND RECEPTION Rogiskaon Fours and Reception: 5:D0 - B:00 p.m. - Stop by the CACEO registration desk to pick up your Annual Seminar materials and enjoy light appetizer fare. This is a great opportunity to beat the Wednesday morning crowd and get a jump on visiting our exhibitorsl _ ilVednesd.my -September 7 Registration Hours - communication styles and techniques are integral 7:00 a.m. - 3.00 p.m. to diffusing difficulty, and success at resolving conflict depends on this skill. Attendees will have .T Broakfast _ with a new refocused awareness of identifying 7:30 - 9:00 a.m. and dealing with difficult people. Exhibitor Showcase Hours reuirements MODULE B , -7:30 a.m. - 5:00 p.m. - - Code Enforcement Volunteers - This session will describe the benefits of includ- CACEO Welcome ing volunteers in your enforcement program. 8:30 - 9:15 a.m. - Additionally, the instructor will provide an out- line on implementation of the program, training and su ervision - BREAKOUT SESSIONS 9:30 - 11:15 a.m. - ;�,;. Lunch ' ' MODULE A 11:30 a.m. - 12:45 p.m. - - Blight Busters The City of Rancho Cordova's Blight Busters program is unique proactive series of BREAKOUT SESSIONS neighborhood sweeps coordinated with 1:00.- 2:45 p.m. - Code Enforcement, Building and Safety Staff, MODULE A Animal Services, Police, and Sac Metro Fire Ways to Fund Programs - and Probation. The goal of Blight Busters' Attendees will be presented with informational is to help residents identify and correct case studies on the funding of Code Enforce - problems of blight and nuisance that may ment programs. The information will include impact safety, property value, and overall rental housing inspection programs, cost comfort as they visit a new neighborhood recovery programs, administrative citations and each week. Kerry Simpson and Curt Haven other sources for funding such as state -funded . will present information highlighting the City abandoned vehicle abatement. of Rancho Cordova's oward-winning Blight Busters Program. A quesfiooan"nswer OFFICER SAFETY MODULE .period will follow the presentation. Officer Safety and Gangs OFFICER SAFETY MODULE How to Deal with Difficult People - This session identifies traits of difficult people as well as strategies to interview difficult people while ensuring that safety and - security is.preurved at off times. Effective This course will provide common sense techniques on how to work with gang members and other dangerous people. The session will emphasize the recognition of gang members and the mentally ill that could pose a threat to officer safety. Additionally the attendee will be provided techniques often used to gain compliance. 073 1:00 - 4:45 p.m. MODULE B From Demoralized to Inspired' This class will provide the skills needed to achieve organizational goals by developing high- performance teams, teaching all professionals, from inspector to manager, how to create, lead, and be a part of an effective team, while focusing on information management in relation to performance measurement. BREAKOUT SESSIONS 3:00 - 4:45 p.m. MODULE A NPDES This course will include an overview of the Clean Water Act, as well as the National Pollutant Discharge Elimination System (NPDES) permit program that controls water pollution by reguloting point sources that discharge pollutants into waters of the United States. Additionally the session will include the establishment of a "Point Sources" enforcement program through the issuance of discharge permih. OFFICER SAFETY MODULE Officer Safety and Self Defense This session will provide students with key points of officer safety. The training will include an instruction to the escalation of force and the use of pepper spray and self-defense techniques. Additionally, he will provide hands on training in easy to learn self-defense techniques. Certification Exam Preparation For those signed up for the cerfificotion exam on Friday morning, this 90minute review will help prepare you for the examination. BBQ BY THE BAY 5:30. - 8:30 p.m. r ;>_ Thursday - September 8 Registration Hours 7.00 a.m. - 3:00 p.m. si Breakfast 7:30 - 9:00 a.m. . Exhibitor Showcase Hours 8:00 a.m. - 5:00 P.M. " BREAKOUT SESSIONS 8:00 - 11:45 a.m. MODULE Human Trafficking " This training will discuss the legal definition of hu• man trafficking and the various types thereof. It will provide the tools to identify human trafficking and who should be contacted if o code officer suspects human trafficking when conducting on inspection. Examples of cases will be provided along with a O&A session. 8:00 a.m. - 2:45 p.m. MODULE B COIF,MA SAP Students will receive a CaIEMA Certification as a trained Disaster Evaluator. Instruction will include identification of the various types of disasters, the technical level of the evaluator, the contents of various -reports, generalprocedures for build- ing safety evaluation, right of entry, posting classification systems, posting and 6grricade procedures, changing the posting classification, aftershock from seismic events, and damage characteristic common to wood framed, tilswp and masonry buildings." 8:00 a.m. - 4:45 P.M. OFFICER SAFETY MODULE Fight, Flight or Comply This is a fost•poced four-hour class, in two distinct halves. The first half explains the human physi ological responses to stress, from simply lying to facing a critcof life•threotening event. The second half outlines specific FFC indicators. These indicators are divided into seven caF egories: body posture, hand movements, eyes, facial, body function, vocal, and proxemics. Each indicator is explained and its origin and association with FFC is explained. There are over 50 indicators explained in all. " Lunch and Award Presentations 11:45 a.m. - 12:45 p.m. BREAKOUT SESSIONS 1:00 - 2:45 p.m. MODULE A Healthy Homes This lass will cover three (3) elements of water intrusion and mold removal. Ad-. ditionally, the removal lead -based paint and how it causes o home to be unhealthy to the occupants. Students will learn the regulations and code language that can be utilized when issuing, a notice to require . correction of violations. BREAKOUT SESSIONS 3:00 - 4:45 p.m. MODULES First Aid Every Code Enforcement officer should know how and when to administer CPR. At- tendees will be trained its rescue breathing techniques, and safety concerns to mini mize exposure to disease. Upon successful completion of the.haining and testing, the attendees will receive a cerfificate. " co w".d en the following page. - 174 Agenda is tentative and subject to change. ff -Wriday -September 9 Registration Hours BREAKOUT SESSIONS 7:30 - 10:00 a.m. - 8:00 - 9:45 a.m. MODULE B rev: Breakfast„ Field Supervision 7.30 - 9:00 a.m. Students will learn real world experience and methods for the supervision of employees. The instructor will review the 8:00 a.m. - 12:00 p.m. fundamentals of supervision. The information presented Certification Examination will focus on the mood for supervisors to be aware that $150 Exam Fee, Study Guide to be their job is to plan, organize, control, supervise, direct and purdmsedSepara* motivate employees to achieve objectives. Certification process is divided into three - - skill level modules (Basic, Intermediate 8:00 - 11:45 a.m. and Advanced). Each skill level module MODULE A has a specific examination. The Basic Hoarding - exominafion has 200 questions concern- This session will include defining Compulsive Hoarding, ing 14 subject areas. The Intermediate Spectrum of Clutter: clinical hoarding scale, age of orn examination contains 240 questions con- set, mental illness and hoarding conditions, etiology of cerning 16 subject areas. The Advanced hoarding behavior, proposed diagnostic criteria, animal examination contains 275 questions in 17 hoarding, cognitive behavior of compulsive hoarding, subject areas. Each examination is limed dementia hoarding, enlarcad harm reduction and family and is designed to test your knowledge intervention. Additionally instruction will include the of the subject areas. The examination benefits of health and safety receiverships, evaluation process allows open book and open of different legal options, understanding the use of.o notes. A study guide titled "California receivership in solving hoarding cases, appointment of a Code Enforcement Sourceguide" is avail, receiver and the range of their authority. able. through LowTech Publishing (www. - LawT"hPublishing.com). All the informoo- - - Break - lion needed to pass the exam is con 9:45 - 10:00 a.m. - tained in the 300 pages of the reference text. A passing score of 80% is requiredfor certification. BREAKOUT SESSIONS The Certification Examination must be 10:00 a.m. - 12:00 p.m. registered for in advance, If you are MODULE B . interested in taking the examination, Medical Marijuana Concepts - please contact Elizabeth. Cardwell at the This session will present the issues and restrictions mn - CACEO office, ecardweWcaceo.us or nected with the dispensing of marijuana. Information will 916492.2223, to determine whether also be provided on hours of operation, land use resiric• you meet qualification requirements lions, security requirements, and parkingrelated issues. t, SAVE THE DATE! Ya1RAnnual Cade Egjorcenserst3erntnar October $y-Ns 2015 Dls:MW19 Paradise Pier Sotef AnahishM CA COUNCIL/RDA MEETING DATE: July 19, 2011 ITEM TITLE: Approval Of Second Reading And Adoption Of Ordinance No. 488 Amending Title 11 of the La Quinta Municipal Code to Add Section 11.44.100, Dog Park Rules and Regulations. RECOMMENDATION Adopt Ordinance No. 488 on second reading. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: On July 5, 2011, the City Council moved to take up Ordinance No. 488 on first reading. The City Council further moved to introduce Ordinance No. 488 on first reading. The motion to introduce Ordinance No. 488 carried by the following vote: AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None 076 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: t . Adopt Ordinance No. 488 on second reading; or 2. Do not adopt Ordinance No. 488 on second reading; or 3. Provide staff with alternative direction. Respectfully submitted, no, CIVIC, City Clerk Approved for submission by: Thomas P. Genovese, City Manager 077 ORDINANCE NO. 488 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 11 OF THE LA QUINTA MUNICIPAL CODE, TO ADD SECTION 11.44.100 — DOG PARK RULES AND REGULATIONS. WHEREAS, the City wishes to amend the La Quinta Municipal Code to regulate rules for all dog parks; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of La Quinta does ordain as follows: SECTION 11.44.100. Section 1 1.44.100 is hereby added to Title 11, the "PARKS AND RECREATION AREAS" Chapter of the La Quinta Municipal Code, reads in its entirety as follows: Section 11.44.100 Dog Park Rules and Regulations. A. Dog parks are to be used by dog owners (handlers) and their dogs only. All other activities are prohibited. B. Dog owners using the dog park are using it at their own risk. C. The City is not responsible for injuries to people and dogs or illnesses dogs may contract. D. The City reserves the right to eject anyone from the dog park at any time for any reason. E. Adults must accompany children 12 years old and younger. F. Dog Park hours are 6 a.m. to 10 p.m. G. Dogs must never be left unattended. H. All dogs must have current vaccinations and a current City dog license. Unruly dogs are not allowed. J. Female dogs in Estrus (heat) are not allowed. K. Dogs are only allowed in the area that is designated for their weight class. 078 Ordinance No. 488 Adding Section 11.".100 Dog Park Rules and Regulations Adopted: July 19, 2011 Page 2 of 4 L. Dogs in small dog areas are to be 25 lbs. or less. M. Dog owners must clean up after their dog(s). N. Owners must stop their dog(s) from digging. Any holes created must be filled by the owner of the dog(s). 0. No smoking, alcohol, or drug use is permitted. P. No loitering permitted in the designated dog park. Q. Unauthorized pieces of equipment, obstacles, or apparatus are not allowed in the designated dog park (skateboards, scooters, bicycles, etc.). R. No dog food (e.g., dog treats) or human food allowed in the dog park. S. Glass containers are not allowed in the dog park. T. Special events or contests are not allowed in the dog park without first obtaining written authorization from the City. PASSED, APPROVED, and ADOPTED by the City Council of the City of La Quinta at a regular meeting thereof held on the 19`h day of July, 2011, by the following vote: AYES: Council Members NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 019 Ordinance No. 488 Adding Section 11.44.100 Dog Park Rules and Regulations Adopted: July 19, 2011 Page 3 of 4 ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California (CITY SEAL) /_1» :ie19 4 e7eF3 1107 3e] 0 i1I A M. KATHERINE JENSON, City Attorney City of La Quinta, California 080 Ordinance No. 488 Adding Section 11.".100 Dog Park Rules and Regulations Adopted: July 19, 2011 Page 4 of 4 STATE OF CALIFORNIA ► COUNTY OF RIVERSIDE 1 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. 488 which was introduced at a regular meeting on the 5th day of July, 2011, and was adopted at a regular meeting held on the 19' day of July 2011, 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 pursuant to Council Resolution. VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California n81 COUNCIL/RDA MEETING DATE: July 1 9, 201 1 ITEM TITLE: Approval Of Second Reading And Adoption Of Ordinance No. 489 Amending Title 9 of the La Quinta Municipal Code to (1) Clarify the Location of Certain Landscaped Parkways §9.50.100, (2) Correct an Error Regarding Guest Houses and Secondary Units 99.140.070, (3) Adjust the Time Extension Period for Development Review Permits §9.200.080, (4) Delete Obsolete Language Referencing Guesthouse Examples §9.210.020, and (5) Revise Definitions of Child Day Care Uses to be Consistent with State Law §9.280.030. i RECOMMENDATION Adopt Ordinance No. 489 on second reading. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: -1 STUDY SESSION: PUBLIC HEARING: On July 5, 2011, the City Council moved to take up Ordinance No. 489 on first reading. The City Council further moved to introduce Ordinance No. 489 on first reading. The motion to introduce Ordinance No. 489 carried by the following vote: AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None 082 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt Ordinance No. 489 on second reading; or 2. Do not adopt Ordinance No. 489 on second reading; or 3. Provide staff with alternative direction. submitted, J. Wntecino, CIVIC, City Clerk Approved for submission by: Thomas P. Genovese, City Manager ORDINANCE NO. 489 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 9 OF THE LA QUINTA MUNICIPAL CODE, 1) A CLARIFICATION REGARDING THE LOCATION OF CERTAIN LANDSCAPED PARKWAYS (§9.50.100), 2) CORRECTING AN ERROR REGARDING GUEST HOUSES AND SECONDARY UNITS (§9.140.070), 3) ADJUSTING THE TIME EXTENSION PERIOD FOR DEVELOPMENT REVIEW PERMITS (§9.200.080), 4) DELETION OF OBSOLETE LANGUAGE REFERENCING GUESTHOUSE EXAMPLES (§9.210.020), AND 5) REVISED DEFINITIONS OF CHILD DAY CARE USES TO BE CONSISTENT WITH STATE LAW 09.280.030). 9.280.030). 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 141" of June, 2011, hold a duly noticed Public Hearing for review of a Zoning Ordinance Amendment to 1) clarify the location of certain landscaped parkways (§9.50.100), 2) correct an error regarding guesthouses and secondary dwelling units (§9.140.070), 3) adjust the time extension period for development review permits 09.200.080►, 4) delete obsolete language regarding guesthouse examples (§9.210.020), and 5) revise definitions to be consistent with state law 09.280.0301, and recommended approval of the proposed Amendments to the City Council; and WHEREAS, the City Council held a duly noticed public hearing on the 5t' day of June, 2011, and considered the evidence, written and oral, presented at the hearing. 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 "E," on file in the Planning Department. 084 Ordinance No. 489 Amending Title 9 Zoning Ordinance Amendment 2011-103 Adopted: July 19, 2011 Page 2 of 9 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 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. Ordinance No. 499 Amending Title 9 Zoning Ordinance Amendment 2011-103 Adopted: July 19, 2011 Page 3 of 9 PASSED, APPROVED and ADOPTED by the City Council of the City of La Quinta at a regular meeting thereof held on the 19" day of July, 2011, by the following vote: AYES: Council Members NOES: ABSENT: ABSTAIN 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 DON ADOLPH, Mayor City of La Quinta California 086 Ordinance No. 489 Amending Title 9 Zoning Ordinance Amendment 2011-103 Adopted: July 19, 2011 Page 4 of 9 Exhibit "A" 9.50.100 RL district property subdivision development standards, ten acres or less, located south of Avenue 52. A. Applicability. The following development standards shall apply to all subdivisions less than ten acres in size located in the RL district, south of Avenue 52, and west of Monroe. B. Development Standards. 1. A minimum lot size of twenty thousand square feet shall be required, unless: a. The proposed subdivision establishes a minimum of twenty - residential lots). The open space shall include amenities and features such as passive open space, trails, play areas or equipment, picnic facilities, recreational amenities, clubhouse facilities and/or active use parks. Retention basins may be considered as part of the twenty-five percent open space requirement provided they are designed as an integral part of the project, fully landscaped, and accessible for passive and active use. b. The minimum lot size within the proposed subdivision is equal to or greater than the minimum lot size of the residential lots within the abutting subdivided properties created prior to August 2, 2007. c. Driveway access should be consolidated with other neighboring properties. 2. Under no circumstances shall lots be less than ten thousand square feet in size. 3. A landscaped parkway of thirty feet in depth shall be required on all pub4e arterial streets. 4. All other development standards of the RL district, including but not limited to setbacks, building height and parking requirements, shall apply. C. Official Zoning Map. The city's official zoning map shall identify as an overlay all properties potentially affected by these provisions. (Ord. 440 § 2, 2007) 087 Ordinance No. 499 Amending Title 9 Zoning Ordinance Amendment 2011-103 Adopted: July 19, 2011 Page 5 of 9 Exhibit "B" 9.140.070 Low density/agricultural-equestrian residential district. TABLE 9-10 PERMITTED USES IN THE AGRICULTURAL/EQUESTRIAN RESIDENTIAL DISTRICT Accessory Uses and Structures Guest houses, subject to Section 9.60.010 M MA Second units, "granny flats" and employee quarters, subject o Section 9.60.090 M MA DWI Ordinance No. 489 Amending Title 9 Zoning Ordinance Amendment 2011-103 Adopted: July 19, 2011 Page 6 of 9 Exhibit "C" 9.200.080 Permit expiration and time extensions. A. Period of Validity. The period of validity for a development review permit shall begin on the permits effective date as set forth in Section 9.200.060. The period of validity shall run unless at ^x^'•^s pursuant to subsection C of this section. B. Establishment. A development review permit shall be deemed established if the following actions occur within twenty-four months of the effective date of the approval or within such other time period designated by the approval: 1. In the case of a development review permit where ministerial permits are required, such permits have been issued. 2. In the case of a development review permit where no ministerial permits are required, the use authorized by the permit has been established. In circumstances where a certificate of occupancy is required, such certificate has been issued. C. Expiration. A development review permit shall expire and be of no further force or effect if: 1. The permit is not established within twenty-four months of the permits effective date or such other time period designated by the permit approval, by state law or by this code; or 2. After establishment, the use or activity for which the permit was approved is discontinued or abandoned for a period of one year. D. Time Extensions. 1. Upon application before expiration of the period of validity, the original decision -making authority may grant an extension to the period of validity for up to one two years if it finds that such an extension is justified by the circumstances of the project. The filing of an application for extension shall stay expiration of the permit until action is taken on the time extension by the decision -making authority unless the application has been deemed incomplete and inactive pursuant to Section 9.200.070(B). 2. Projects not requiring a time extension may be constructed in accordance with the requirements and standards in effect at the time of permit approval provided the construction complies with all project conditions of approval and all laws in effect at the time of the permit approval. However, any project or permit requiring a time extension shall conform to the requirements and standards in effect at the time the extension is granted. (Ord. 284 § 1 (Exh. A) (part), 1996) 089 Ordinance No. 489 Amending Title 9 Zoning Ordinance Amendment 2011-103 Adopted: July 19, 2011 Page 7 of 9 Exhibit "D" 9.210.020 Conditional use permits and minor use permits. A. Purpose. The purpose of a conditional use permit or minor use permit is to provide for individual approval or denial of land uses requiring such permits under this code. Uses requiring these permits have potential for adverse impacts on surrounding properties, residents or businesses. Therefore, when such uses are approved, conditions are placed on their establishment and operation to mitigate or eliminate such impacts. For purposes of this section, the term "use permit" includes both conditional use and minor use permits. B. Definitions. "Use permit" means a discretionary entitlement under the provisions of this zoning code which authorizes a specific use or development on a specific property subject to compliance with all terms and conditions imposed on the entitlement. 1. Conditional Use Permits. Uses requiring a conditional use permit have moderate to significant potential for adverse impacts on surrounding properties, residents or businesses; for example, kennels or animal shelters. 2. Minor Use Permits. Uses requiring a minor use permit have low to moderate potential for adverse impacts on surrounding properties, residents or businesses. In most cases, such uses are accessory to a main or principal use on the property; fesidenee. rl 90 Ordinance No. 489 Amending Title 9 Zoning Ordinance Amendment 2011-103 Adopted: July 19, 2011 Page 8 of 9 Exhibit "E" 9.280.030 Definition of terms. "Child day care home" or "family day care home" means, consistent with Section 1596.78 of the State Health and Safety Code: a; •ar Lure eme. (a) "Family day care home" means a home that regularly provides care, protection, and supervision for 14 or fewer children, in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family day care home or a small family day care home. (b) "Large family day care home" means a home that provides family day care for 7 to 14 children, inclusive, including children under the age of 10 years who reside at the home. (c) "Small family day care home" means a home that provides family day care for eight or fewer children, including children under the age. of 10 years who reside at the home. R91 Ordinance No. 489 Amending Title 9 Zoning Ordinance Amendment 2011-103 Adopted: July 19, 2011 Page 9 of 9 STATE OF CALIFORNIA 1 COUNTY OF RIVERSIDE 1 ss. CITY OF LA QUINTA 1 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. 489 which was introduced at a regular meeting on the 51h day of July 2011, and was adopted at a regular meeting held on the 19" day of July 2011, 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 pursuant to Council Resolution. VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California 092 COUNCIL/RDA MEETING DATE: July 19, 201 1 ITEM TITLE: Approval Of Second Reading And Adoption Of Ordinance No. 490 Amending Title 13 of the La Quinta Municipal Code to Allow a Maximum Cul- de-Sac Length of 1320 Feet. RECOMMENDATION Adopt Ordinance No. 490 on second reading. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: ' STUDY SESSION: PUBLIC HEARING: On July 5, 2011, the City Council moved to take up Ordinance No. 490 on first reading. The City Council further moved to introduce Ordinance No. 490 on first reading. The motion to introduce Ordinance No. 490 carried by the following vote: AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None �� FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt Ordinance No. 490 on second reading; or 2. Do not adopt Ordinance No. 490 on second reading; or 3. Provide staff with alternative direction. Respectfully submitted, , CIVIC, City Clerk Approved for submission by:. Thomas P. Genovese, City Manager N94 ORDINANCE NO. 490 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 13 OF THE LA QUINTA MUNICIPAL CODE, TO ALLOW A MAXIMUM CUL-DE-SAC LENGTH OF 1320 FEET WHEREAS, the City has found that changes in policies, procedures, and issues with permitting have arisen as staff implements the Subdivision Ordinance; and WHEREAS, the City has, from. time to time, made amendments to the Subdivision Ordinance to address changes in circumstances; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 14" of June, 2011, hold a duly noticed Public Hearing for review of a Subdivision Text Amendment to allow a maximum cul-de-sac length of 1,320 feet within Section 13.24.070 of the La Quinta Municipal Code, and recommended approval of the proposed Amendment to the City Council; and WHEREAS, the City Council held a duly noticed public hearing on the 51" day of June, 2011, and considered the evidence, written and oral, presented at the hearing. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of La Quinta does ordain as follows: SECTION 1. Title 13, the Subdivision Ordinance of the La Quinta Municipal Code, is amended as identified on Exhibit "A," 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 insofar as it allows for continued high quality development in the City. Because the amendment conforms to the design and safety policies within the Traffic and Circulation Element and the Infrastructure and Public Services Element, the Subdivision Text Amendment is consistent with the goals, objectives and policies of the General Plan. SECTION 3. ENVIRONMENTAL. The Planning Director has determined said Subdivision Text 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 Subdivision Code Amendment under the provisions of CEQA, and has determined 095 Ordinance No. 490 Amending Chapter 13.24.070 Adopted: July 19, 2011 Page 2 of 5 that the Amendment is exempt pursuant to Section 15061(B)(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 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 1 g`h day of July, 2011, by the following vote: AYES: Council Members NOES: ABSENT: /s11-13IF11I kiF DON ADOLPH, Mayor City of La Quinta California 096 Ordinance No. 490 Amending Chapter 13.24.070 Adopted: July 19, 2011 Page 3 of 5 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 097 Ordinance No. 490 Amending Chapter 13.24.070 Adopted: July 19, 2011 Page 4 of 5 Exhibit "A" 13.24.070 Street design —Generally. F. Cul-de-sacs shall not exceed a distance of six ndFed sixty one thousand three hundred and twenty feet in length (measured from the centerline of the intersection to the center of the cul-de-sac) unless provided with improved emergency access/outlet routes no more than one thousand three hundred and twenty feet from the end of the cul-de-sac. Ordinance No. 490 Amending Chapter 13.24.070 Adopted: July 19, 2011 Page 5 of 5 STATE OF CALIFORNIA ► COUNTY OF RIVERSIDE ► ss. CITY OF LA QUINTA 1 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. 490 which was introduced at a regular meeting on the 5th day of July 2011, and was adopted at a regular meeting held on the 19th day of July 2011, 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 pursuant to Council Resolution. VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California 11 q9 COUNCIL/RDA MEETING DATE: July 19, 2011 ITEM TITLE: Authorization of the City Manager to Approve a Grant of Easement to Imperial Irrigation District for an Easement for Electrical Facilities along Avenue 52 in Parcel 18 of Parcel Map No. 33367 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to approve a Grant of Easement to Imperial Irrigation District (IID) for an Easement for Electrical Facilities along Avenue 52 in Parcel 18 of Parcel Map No. 33367 subject to minor revisions by the City Attorney. FISCAL IMPLICATIONS: IID will not be charged for the easement. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: IID is constructing Capital Project P-6688 which is an underground distribution line for a new underground circuit from their Jefferson Street substation west along Avenue 52 in the SilverRock Resort parkway. The approved design showed the new underground distribution line to be completely constructed within the City's Avenue 52 right-of-way. While excavating in the area, the IID contractor discovered that he would not be able to construct the underground vault in its intended. location (per the construction drawings) due to an unforeseen conflict with an existing underground conduit bank for another utility. It was not feasible to construct the vault either above or below ground at or near the intended location while still remaining in the City's right-of-way. 100 Therefore, IID requested the City grant IID an easement for their vault in the SilverRock Resort parkway adjacent to the Avenue 52. Since IID's contractor had already made the excavation for the vault and there was no other feasible location to construct the IID underground vault, the City Manager approved the placement of the aforementioned vault and indicated IID should prepare an easement for these facilities. The vault has been constructed above ground along Avenue 52 as shown in the attached exhibit (Attachment 1). Attachment 2 is the letter from IID requesting the easement. IID staff is still preparing the legal description and plat map for the easement. These documents must be checked by the City staff. Additionally, language may have to be added to the IID easement "boiler plate" requiring that IID pay the full costs for relocating the vault should that be required by the City at some time in the future. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the City Manager to approve a grant of easement to IID for an easement for electrical facilities along Avenue 52 in Parcel 18 of Parcel Map No. 33367 and direct staff to record the easement with the County Recorder's Office when the documents are complete and correct; or 2. Do not authorize the City Manager to approve a grant of easement to IID for an easement for electrical facilities along Avenue 52 in Parcel 18 of Parcel Map No. 33367 and do not direct staff to record the easement with the County Recorder's Office when the documents are complete and correct; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R. Jonasson, P.E. Public Works Director/City Engineer 10i Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Exhibit Showing Easement Location 2. Letter from IID dated June 20, 2011 102 ATTACHMENT 1 AT PROPOSED h TO UN4298s EMPTY - TO UN4298S sr .o. N168 N163 , N182 11 TO UN8186 .� PMH-11 I fnuonrLl TO THRU "MA & BCE WORK JN4295S & UN8185V JOrR MUST UTRMUST CUT E4 EM 8"CND'S AND 'CUT EX EMPTY 8'CND'S AND CONDUIT OR BRING 7O NEW UN120D605V BRING TO NEW =D.PLEASE UN1200805V 2 (760)1985828. . NEW -to7 CKT168 103 ATTACHMENT 2 ._..'_i.I': ,(!< Real. Estate Section (760).339.9239 June 20, 2011 La Quinta Redevelopment Agency Attn: Debbie Powell, Economic Development Project Manager P. O. Box 1504 78-495 Ca)le Tampico La Quinta, California 92247-1504 RE: Request for Easement Dear Ms. Powell: The Imperial Irrigation District (IID), in its on -going efforts to improve electrical service, is requesting La Quinta Redevelopment Agency (LQRA) to grant the III) an easement for an underground vault. The vault will be installed as follows: The work includes the installation of an underground vault 6 feet wide by 9.5 feet long. This vault will be located within LQRA and will increase the reliability and quality of electrical service to LQRA and nearby citizens in the vicinity in the City of La Quinta. The installation of the new structure will be at ground level. III) will repair all affected landscape and flatwork as a result of the proposed work. The IID hereby requests the execution of the enclosed easement by the appropriate members of LQRA before a Notary Public. Once the easement is executed and notarized, please return it to the undersigned for further processing. Thank you for your time and consideration of these important improvements. Please call me at (760) 339-9239 if you have any questions. Sincerely, Randy Gray, ✓° ~ Right of Way Agent II RG/pc Enc. 114 Recording Requested By Imperial Irrigation District AndWhen RecordedMail To: Imperial Irrigation District Attn: Real Estate Section P.O. Box 937 Imperial, CA 92251 APN: 776-150-022 Do ..t y Trenerm lax s FA-118Si3:._S$Ik LOW- �i __Competed an Fog Yalae ut propnv wnmcd, or ,- Compmal on Full V.W. ke nem & enambrance, remaining rhucon mtime of v!e Sigrcurtrc rtf LMluam ot.lyene C)Nmn niey Tas - Fum Tame Spec= Abo c This Line For Recorder's Use EASEMENT The Undersigned hereby grants to the Imperial Irrigation District an casement and right-of-way in, upon, over, under and across the lands hereinafter described, to erect, construct, change the size of, improve, reconstruct, relocate, repair, maintain and use facilities consisting of: 1. Underground facilities and appurtenances for the transmission and distribution of electricity. 2. Communication facilities and appurtenances. The above facilities will be installed at such locations and elevations upon, along, over and under the hereinafter described easement as Grantee may now or hereafter deem convenient or necessary. Grantee also has the right of ingress and egress; to, from and along this easement in, upon, over and across the hereinafter described lands. Grantee has the right to require the easement be kept clear from explosives, buildings, structures, and materials that Grantee considers incompatible for which this easement is granted. The property in which this easement and rigbt-of-way is hereby granted is situated in the County of Riverside, State of California, described as follows: PARCEL 18 OF PARCEL MAP NO. 33369 IN THE CITY OF LQ QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN ON PARCEL MAP RECORDED IN 224, PAGE 24-39 OF PARCEL MAPS ON FILE IN THE OFFICE OF THE RIVERSIDE COUNTY RECORDER. The easement in the aforesaid property shall be a strip of land, including all the area lying between the exterior sidelines, which sidelines shall be 5' feet, measured at right angles, on each jn5 exterior side of each and every facility installed, the approximate location being shown as Detail "A" on Exhibit "A" attached hereto and made a part hereof. Grantor shall not erect, place or construct, nor permit to be erected, placed or constructed, any building or other structure, plant any tree, drill or dig any well, within this easement. Grantor shall not increase or decrease the ground surface elevations within this easement after installation of Grantee's facilities, without prior written consent of Grantee, which consent shall not unreasonably be withheld.. Grantor further grants to Grantee the right to assign any or all of the rights granted in this easement in whole or in part to other companies providing utility or communication facilities/services. Grantee shall have the right but not the duty, to trim or remove trees and brush along or adjacent to this easement and remove roots for within this easement whenever Grantee deems it necessary. Said right shall not relieve Grantor of the duty as owner to trim or remove trees and brush to prevent danger or hazard to property or persons. CONDUITS CARRY HIGH VOLTAGE ELECTRICAL CONDUCTORS, therefore Grantor shall not make or allow any excavation or fill to be made within this easement WITHOUT FIRST NOTIFYING IMPERIAL IRRIGATION DISTRICT by calling 1-800-DIGALERT (Underground Alert), and OBTAINING PERMISSION. This easement shall be binding upon and inure to the benefit of successors, heirs, executors, administrators, permittees, licensees, agents or assigns of Grantor and Grantee. IN WITNESS WHEREOF, Grantor executed this instrument this day of .2011. LQ QUINTA REDEVELOPMENT AGENCY By__ Name/Title: By Name/Title: File# f06 EXHIBIT 'V A� r T, SE DETAIL, AVENUE 52 LOMEANDERI'NG S BW PROPOSED VAU Yff 1 -1 MINN PROPOSED VAULT LOCATION ACCORDING TO CITY OF LA QUINTA PLAN SET NO, 90036 IMPROVEMENT PLANS TRACT NO. 24890 SIDE WALK TO BE REPLACED AS NEEDED 107 State of California County of ACKNOWLEDGMENT ss. On before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within -instrument and acknowledged to me that he/she/they executed the same in his/hedtheir authorized capecity(ies), and that by his/herhheir signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign language Type of Satisfactory Evidence: Personally Known with Paper Identification _ Paper Identification Credible Witnesses) Capacity of Signer: _ Trustee _ Power of Attorney CEO/CFO/COO President / Vice -President I Secretary / Treasurer Other: Other Information: Thumbprint of Signer ❑ check here If no thumbprint a fingerprint is available. in8 T4ht 4 4 QK&Z AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: July 19, 2011 BUSINESS SESSION:I y CONSENT CALENDAR: ITEM TITLE: Approval of a Contract Services Agreement with the La Quinta Arts Foundation STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve a Contract Services Agreement (Attachment 1) with the La Quinta Arts Foundation (LQAF) in the amount of $125,000 to be used for the 2012 La Quinta Arts Festival and various special events planned in the Village, and authorize the City Manager to execute the Agreement. FISCAL IMPLICATIONS: On July 5, 2011, the City Council authorized the appropriation of $125,000 to be included in the Community Services Department budget (Account No. 101-3001- 451.80-03) for the 2012 La Quinta Arts Festival to be held March 8 through 11, 2012 and the development and promotion of special events to be planned in the Village. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council approved $125,000 to be used by LQAF to market the 2012 La Quinta Arts Festival and for the development and promotion of special events to be held in the Village. This Agreement includes the following events: Art Under the Umbrellas at Old Town La Quinta, October 29, November 26, December 3, 2011, January 14, February 11, February 18, March 24, and April 7, 2012 in Old Town La Quinta; La Quinta Blues and Brews at the Civic Center Campus on November 19, 2011. 109 La Quinta Arts Festival on March 8-11, 2012 The Contract Service Agreement with the LQAF indicates that the city will be the premier sponsor of the La Quinta Arts Festival and will have the city name and logo prominently displayed on all the print and web materials used. The city will also have a full page advertisement in the event program. The LQAF also agrees to maintain a free Artists Registry for city and developer access to artists. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Contract Services Agreement with the La Quinta Arts Foundation in the amount of $125,000 to be used for the 2012 La Quinta Arts Festival and special events in the Village, and authorize the City Manager to execute the Agreement; or 2. Do not approve a Contract Services Agreement with the La Quinta Arts Foundation in the amount of $125,000 to be used for the 2012 La Quinta Arts Festival and special events to be held in the Village; or 3. Provide staff with alternative direction. Resq submitted, ^ Edie Hy t n Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. 2011 /2012 Contract Services Agreement N 110 ATTACHMENT 1 CONTRACT SERVICES AGREEMENT THIS CONTRACT SERVICES AGREEMENT (the "Agreement') is made and entered into by and between the CITY OF LA QUINTA, a California municipal corporation ("City"), and the La Quinta Arts Foundation ("Contractor"). RECITALS WHEREAS, City desires to utilize the services of Contractor as an independent contractor to promote the City by creating and producing the La Quinta Arts Festival and various special events and activities (collectively, the "LQAF Events"). Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees. City desires to retain Contractor, and Contractor desires to serve City to perform these services subject to the terms contained herein and all applicable local, state and federal laws and regulations. NOW, THEREFORE, in consideration of the performance by the parties of the mutual promises, covenants, and conditions contained herein, the parties 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 promote the City by creating and providing the LQAF Events as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (collectively, the "services"). 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 be responsible for ensuring that LQAF Event vendors have proper permits, licenses, and approvals as may be required by all applicable laws and ordinances. 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. Standard of Care. Contractor acknowledges and understands that the services under this Agreement require specialized skills and abilities and that consistent with this understanding. Contractor services will be held to a heightened standard of quality. 111 Last Revised 07/22/10 - Page i of 15 1.5. Special Requirements. Additional terms and conditions of this Agreement, if any, are set forth in Exhibit "D" (the "Special Requirements") which is incorporated herein by this reference and expressly made a part hereof. 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 For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with Exhibit "B" in a total amount of One Hundred Twenty - Five Thousand Dollars and Zero Cents ($125,000.00) (the "Contract Sum") to be paid upon execution of this Agreement. 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". Extensions to the time period specified in the Exhibit "C" may be approved in writing by the Contract Officer. 3.3. Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of 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. This Agreement shall commence on August 15, 2011 and terminate on June 30, 2012. 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. Christi Salamone, Executive Director b. La Quinta Arts Foundation President 112 Last Revised 07l22110 Page 2 at 15 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 Thomas P. Genovese, City Manager or such other person as may be designated in writing 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 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 subcontract 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. Any attempted or purported assignment or sub -contracting by Contractor without the City's express written approval shall be null, void and of no effect. 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 have no power to incur any debt, obligation, or liability on behalf *of City. 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. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers' compensation laws regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable workers' compensation laws. 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. �13 Last Revised 07i2210 Page 3 of I 5.0 INSURANCE AND INDEMNIFICATION. 5.1. Insurance. Prior to rendering any services under this Agreement and throughout the duration of the term of this Agreement, Contractor shall procure and maintain, at its sole cost, insurance as described herein. All insurance coverage required by this Agreement shall 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, unless otherwise approved by the City's Risk Manager in writing. 5.1.1. Minimum Coverage. Insurance shall include the following coverage: a. Insurance Services Office Commercial General Liability coverage "occurrence" form CG 00 01 or its equivalent with an edition date prior to 2004 and with minimum limits of $1,OOO,OOO per occurrence and $2,OOO,OOO 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,OOO,OOO per accident. If Contractor owns no vehicles, this requirement may be satisfied by a non -owned and hired auto endorsement to Contractor's commercial general liability policy. C. Contractor 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 $1,OOO,OOO per accident or disease. 5.1.2. Required Endorsements. Liability insurance policies required to be provided by Contractor hereunder shall contain or be endorsed to contain the following provisions: a. 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 Services 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 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. b. 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. C. Liability coverage shall be primary and non-contributing with any insurance maintained by the City. d. Each policy required hereunder, and the associated 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 114 Last Revised 07/22i10 Page 4, of 15 written notice has.been given to City. Such provision shall not include any limitation of liability of the insurer for failure to provide such notice. e. No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of recovery prior to a loss. Contractor waives its right of recovery against City. 5.1.3. Verification of Coverage. Contractor shall deposit with City simultaneously with the execution of this Agreement, certificates of insurance evidencing the coverage required hereunder and all required endorsements. 5.1.4. No Waiver or Obligation. There shall be no recourse against City for payment of premiums or other amounts with respect to the insurance required to be provided by Contractor 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 Contractor. 5.1.5. Prompt Notice. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the services 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. 5.1.6. Subcontractors. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor approved by City. All coverages for subcontractors, if any, shall be subject to all of the requirements stated.herein unless otherwise approved in advance in writing by City's Risk Manager. 5.2. Indemnification. 5.2.1. Indemnification. 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 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, reasonable attorney fees incurred by City, court costs, interest, defense costs including fees of expert Contractors 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 any way attributable in whole or in part to the performance of service under this Agreement. All obligations under this provision are to be paid by Contractor as the City incurs them. 115 Last Revised 07i22 110 rla0e 5 of 15 5.2.2. Exception to Contractor's Obligation to Indemnify. Without affecting the rights of City under any provision of this Agreement or this section, Contractor shall not be required to indemnify and hold harmless City as set forth above for liability attributable to the sole fault of City, 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 Contractor 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 Contractor 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. 5.2.3. Contractor Acknowledgment. Contractor 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. 5.2.4. Indemnity Provisions for Subcontractors. Contractor 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 Contractor in the rendering of Services under 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. 5.2.5. No Waiver; Survival. Failure of City to monitor compliance with the requirements of this Section 5.2 imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. Contractor's 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. 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; or b. Order Contractor to stop rendering Services under this Agreement until Contractor demonstrates compliance with the requirements hereof; or 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. 116 Last Revised 07;22190 Page 6 �f 15 6.0 RECORDS AND REPORTS 6.1. Reports. Contractor shall, upon the receipt of a written request from the City to so do, 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 such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of LOAF Events. The parties agree that: (a) this Agreement is a contract for the performance of certain promotion services by Contractor to City; (b) the LOAF Events are owned by LOAF and not the City: and (c) City shall have no ownership of the LQAF Events. 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 (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured. 7.3. 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. 7.4. 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 117 Mast Rev,sed 01 22 10 Psge 7 Of I b 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. 7.5. 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. 7.6. Termination Prior to Expiration of Term. This section shall govern any termination of this Agreement. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all 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. 7.7. 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, ancestry or disability 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, ancestry or disability. 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 118 Last Revised 07i22110 Page 8 of 15 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 Attn: Thomas P. Genovese 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92247-1504 To Contractor: LA QUINTA ARTS FOUNDATION Attn: Christi Salamone 78150 Calle Tampico, Suite 215 La Quinta, CA 92253 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. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. 9.4. Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.5. 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. 9.6. 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. 119 Last Revised 07/22,10 Pag.. 9 of 'i5 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, CONTRACTOR: a California municipal corporation 0 THOMAS P. GENOVESE,,City Manager Dated: ATTEST: VERONICA J. MONTECINO, CMC, City Clerk La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney La Quinta, California 190 Last Revised 07122i10 Page 10 Gi I Exhibit A Scope of Services Promote the City by providing the following LOAF Events for Fiscal Year 2011-2012 Season: La Quinta Arts Festival (the "Festival"): A four -day outdoor fine arts festival to be to be held March 8 through 11, 2012 at the La Quinta Civic Center Campus. Marketing services for the above include an extensive marketing plan provided to the City wherein the name "City of La Quinta" and the official City logo will be prominently displayed as a Premier Sponsor at all times. Said coverage may include, but is not limited to: newspapers, magazines, radio and television advertising, as well as billboards, fine art posters (excluding Festival Commemorative Poster for retail sale), and high quality program commemorating the event and the City of La Quinta as a Premier Sponsor. Contractor shall provide a link to the City of La Quinta's website on Contractor's website. Contractor will send out email blasts promoting the events and activities and share the information with the city to send out additional email information. The City will receive a full page in the Festival's 2012 program. Graphic design may be provided by LOAF at request of the City. Banners will be provided by Contractor and placed in various locations throughout the City. The Planning Department will review the placement of the banners and approve the locations. The Public Works Department will install and remove the banners in the Village. If banners are installed at various intersections throughout the City, Old Town, and the Civic Center Campus it will be the responsibility of Contractor. Contractor will promote the following additional LQAF Events: Art Under the Umbrellas at Old Town La Quinta, October 29, November 26, December 3, 2011, January 14, February 11, February 18, March 24, and April 7, 2012. La Quinta Blues and Brews. Collaborating with La Quinta Community Services Department, LQAF will provide a one -day community event featuring live music with food and drink amenities at the Civic Center Campus on November 19, 2011. Artists Registry. Contractor will provide an Artist Registry available to the City and local Developers at no charge. Such Registry will provide access to local and regional artists that voluntarily elect to be listed and provide direct contact information. The City may access such Registry to solicit proposals for the Art in Public Places Program and may seek support by Contractor for expertise regarding artist selection. 191 Lest Revised 07/2210 Page t t of 15 The following tickets will be provided to the City Manager's office: ARTISTS FESTIVAL RECEPTION Ten Tickets for the City Council and spouses. Five Tickets for the Community Services Commission. Five Tickets for Key Staff involved in event development ART FESTIVAL Ten Tickets for the City Council and spouses. Ten Tickets for the Community Services Commission and spouses. Ten Tickets for staff involved in event development. Fifty tickets for distribution by the City Manager. LA QUINTA BLUES AND BREWS Ten Tickets for the City Council and spouses. Five Tickets for the Community Services Commission. Five Tickets for staff involved in event development. 122 Last Revised 07i22f'O Page 12 of 15 Exhibit B Schedule of Compensation Payment for the services rendered pursuant to this Agreement shall be compensated in an amount of One Hundred Twenty -Five Thousand Dollars 0125,000.00), payable upon execution of this Agreement. 193 Last Revised 07r22110 Page 13 of 15 Exhibit C Schedule of Performance Contractor shall complete all services within the term of this Agreement. 124 Last Revised 07M.;10 Page 14 of 15 Exhibit D Special Requirements None. 125 Last Revised 07i22It0 Page 15 of 75 T-af 4 4 a" COUNCIL/RDA MEETING DATE: July 19, 2011 ITEM TITLE: Acceptance of Mlles Avenue Median Island Landscape Improvements, Project No. 2010-13 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: (3 STUDY SESSION: PUBLIC HEARING: Accept Miles Avenue Median Island Landscape Improvements, Project Number 2010- 13, as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; authorize staff to release retention in the amount of $11,613 thirty-five (35) days after the Notice of Completion is recorded. FISCAL IMPLICATIONS: The following is a budget summary: Project Budget Total $ 152,941 Revised Contract Total ($1 17,175) Previous & Remaining Anticipated Inspection Costs ($ 11,485) Design Costs I$ 18,800) Project Plans & Specification Costs ($ 722) CVWD Irrigation Meter Costs 1$ 3,251) Project Budget Amount Remaining After Construction Efforts $ 1,508 Original Construction Contract Amount $ 115,811 Contract Change Order No. 1 $ 1,364 New Contract Total $ 117,175 Amount Paid to Contractor to Date (Includes Pending Invoices) ($104,512) Total Remaining Fiscal Commitment to Contractor $ 12,663 90 Day Maintenance Period (No Retention Held) I$ 1,050) Total Retention to be Released ($ 11,613) Contract Amount Remaining to be Billed by Contractor $ 0 126 Adequate funding is available to pay the contractor's remaining billing ($0) and retention ($11,613) for project closeout. CHARTER CITY IMPLICATIONS: The project was funded with Redevelopment Agency Project Area No. 2 funds. Therefore, prevailing wages were required on this project. BACKGROUND AND OVERVIEW: On December 7, 2010, the City Council adopted a Resolution of the City Council of the City of La Quinta making certain findings pursuant to Health and Safety Code Section 33445(a) and authorizing the expenditure of funds toward the Miles Avenue Median Landscape Improvements; appropriating funding and approving the inclusion of the Miles Avenue Median Landscape within the Fiscal Year 2010/201 1 CIP; approving the PS&E; and authorizing staff to advertise the project for bid. On December 7, 2010, the Redevelopment Agency adopted a Resolution of the Redevelopment Agency of the City of La Quinta making certain findings pursuant to Health and Safety Code Section 33445(a) and authorizing the expenditure of funds toward the Miles Avenue Median Landscape Improvements. Since half of the project lies within the City of Indio, the Indio City Council also made a finding allowing the use of RDA funds during its December 1, 2010 meeting. On March 1, 2011, City Council authorized the City Manager to execute contract for $115,811 to Marina Landscape Inc., to construct the Miles Avenue Median Island Landscape Improvements, Project Number 2010-13. On April 7, 2011, a Notice to Proceed was issued with a Forty Five (45) working day contract completion time starting April 11, 2011, and ending on June 13, 2011. The project was deemed substantially complete on June 6, 2011. As per project specifications, no liquidated damages or early completion incentives are recommended. Contract Change Order No. 1 was issued to allow for the removal of buried asphalt, the installation of one additional irrigation bubbler at each palm tree, as well as a contract quantity adjustment between the bid quantities and the actual quantities installed. The project's construction effort is now deemed to be 100% complete and is in compliance with the plans and specifications. 127 Prior to filing the Notice of Completion, staff must receive authorization from the City Council to approve this project as 100% complete and authorize the City Clerk to file a Notice of Completion. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the Miles Avenue Median Island Landscape Improvements, Project Number 2010-13 as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $11,613, thirty-five (35) days after the Notice of Completion is recorded; or 2. Do not accept Miles Avenue Median Island Landscape Improvements, Project Number 2010-13 as 100% complete; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R. Jon s n, P.E. Public Works Di for/City Engineer Approved for submission by: Pi G/ Thomas P. Genovese, City .Manager Attachment: 1. Vicinity Map 198 �?9 Tmr4ra4 COUNCIL/RDAMEETING DATE: .IUIV 19, 2011 ITEM TITLE: Acceptance of the Turf Reduction Green Projects, Project No. 2009-18 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept the Turf Reduction Green Projects, Project No. 2009-18, as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $28,344, thirty-five (35) days after the Notice of Completion is recorded. FISCAL IMPLICATIONS: The following is a budget summary: Project Budget Total (less Personnel costs) $369,751 Revised Contract Amount ($283,444) Remaining Anticipated Design Costs ($ 5,000) Previous & Current Inspection, Testing & Survey Costs ($ 49,025) Plans, Electrical Repairs & Striping 1$ 4,845) Project Budget Amount Remaining After Construction Efforts $ 27,437 Original Construction Contract Amount $ 268,557 Contract Change Order No. 1-3 $ 16,855 Contract Quantity Change Order No. 4 $ (1,968) New Contract Total $ 283,444 Amount Paid to Contractor to Date (5141,387) Total Remaining Fiscal Commitment to Contractor $ 142,057 Total Retention to be Released 1$ 28,344) Contract Amount Remaining to be Billed by Contractor $ 113,713 Adequate funding is available to pay the contractor's remaining billing ($1 13,713) and retention ($28,344) for project closeout. 130 CHARTER CITY IMPLICATIONS: The project is funded with AB 939 and RDA Area 1 funds. As such, the project was bid with prevailing wage requirements. BACKGROUND AND OVERVIEW: The project included turf removal and landscape improvements at the following three areas: Civic Center Campus and City Hall Landscape Eliminating approximately 43,000 square feet of non -usable turf; Reducing the annual usage of potable water by approximately 643,000 gallons; Eliminating excess water and overspray from the streets and gutters; Reducing areas requiring winter over -seeding; and Creating consistency throughout the landscape of the Civic Center Campus. Police Substation Landscape Eliminating approximately 6,800 square feet of non -usable turf; Reducing the annual usage of potable water by approximately 181,000 gallons; Eliminating excess water and overspray from the streets and gutters; Reducing areas requiring winter over -seeding; and Creating a "Demonstration" landscape for residents to consider using for their homes. Fire Station #70 Landscape Eliminating approximately 23,900 square feet of non -usable turf; Reducing the annual usage of potable water by approximately 798,840 gallons; Eliminating excess water and overspray from the streets and gutters; Reducing areas requiring winter over -seeding; and Creating a "park like" area for pedestrians, cyclists, and golf cart users. On December 4, 2007, the City Council approved a Cooperative Landscape Water Management Program to develop a partnership with the Coachella Valley Water District (CVWD). Included in the cooperative program with CVWD is the continuation and expansion of the City/CVWD Weather Based Irrigation Program and a Cooperative Landscape Water Management Program which contains five main components: 1. Water management opportunities on City properties; 2. Water management opportunities in single-family homes; 3. Water management opportunities for homeowner association properties; 4. Water management opportunities on golf courses; 5. Public relations opportunities. 131 On March 4, 2008, the City Council adopted a Resolution agreeing to participate in the Coachella Valley Association of Governments (CVAG) Energy Conservation and Resource Sustainability Program. The resolution is part of the energy conservation action plan adopted by the CVAG executive committee and provides an opportunity for CVAG jurisdictions to join in the regional conservation goal of reducing valley -wide per capita energy consumption by 10 percent by the year 2012. On December 15, 2009, the City Council reviewed the preliminary designs for the turf reduction landscape plans at the Civic Center Campus, City Hall, the Police Sub - Station, and Fire Station No. 70. The designs included the removal of 142,500 square feet of turf from all four sites that would save an estimated 3,764,438 gallons of potable water each year. The City Council concluded the Study Session by directing staff to 1) not eliminate as much turf; 2) remove turf from slope areas along Avenida La Fonda; 3) reduce the cost of the landscape improvements; 4) create a more "park like" setting for the Fire Station; and 5) investigate using artificial turf as an option for the landscape areas. The revised landscape designs included the changes that were directed by City Council with the exception of artificial turf. The revised designs for the Turf Reduction Green Projects eliminate 73,700 total square feet of turf from the four sites. Most of this turf is located along the streets at each facility. The total estimated water savings for the perimeter turf reduction is 1,622,840 gallons per year. This project has positive environmental impacts such as the very significant reduction in water usage and reducing the amount of grass that has to be mowed and annually reseeded, thereby ensuring a permanent reduction in the waste stream. Another positive result will be to reduce fertilizer and pesticides needed to maintain the turf this providing for healthy organic soil. In addition, air quality is improved from using lawn mowers less time, which will reduce pollution caused from fossil fuel consumption. On March 16, 2010 City Council reviewed the landscape plans and approved the Turf Reduction and Landscape Plans for the Fiscal Year 2009-2010 Green Projects. In July 2010, the landscape plans for the fire station were revised to accommodate the expansion of the Verizon cell tower located at the corner of Avenue 54 and Madison Street. On August 3, 2010 City Council approved the Plans, Specifications and Engineer's Estimate and authorized staff to advertise for bid the Turf Reduction Green Projects, Project No. 2009-18. On December 2, 2010, five (5) sealed bids were received for the construction of this 132 project. Staff recommended the project be awarded to the lowest bidder, Rock Bottom, Inc., in the amount of $ 268,557. On December 7, 2010, City Council awarded a contract and authorized the City Manager to award a contract for $268,557 to Rock Bottom, Inc., to construct the Turf Reduction Greens Project, Project No. 2009-18. On January 27, 2011, a Notice to Proceed was issued with a sixty (60) working day contract completion time starting January 31, 2011, and ending on April 26, 2011. Contract Change Orders extended the project until May 31, 2011. The project was deemed substantially complete on May 27, 2011. As per project specifications Section 1500-3.2, no liquidated damages or early completion incentives are recommended. These improvements were constructed at the City of La Quinta Police Substation located near the intersection of Avenida Bermudas and Calle Estado, the La Quinta Civic Center Campus located between Avenida La Fonda and Calle Tampico, just west of Washington Street, and the City of La Quinta Fire Station No. 70 located at the corner of Madison Street and Avenue 54. Contract Change Order Nos. 1-4 allowed for the modification of the landscape layout, installation of fencing and gates at the police station, the painting or color coat of masonry walls, concrete repairs, and the modifications for ADA access to the police station gate and parking area, as well as quantity adjustments between bid quantities and actual quantities installed. The project's construction effort is now deemed to be 100% complete and is in compliance with the plans and specifications. Prior to filing the Notice of Completion, staff must receive authorization from the City Council to approve this project as 100% complete and authorize the City Clerk to file a Notice of Completion. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the Turf Reduction Greens Project, Project No. 2009-18 as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; authorize staff to release retention in the amount of $28,344, thirty-five (35) days after the Notice of Completion is recorded; or 2. Do not accept the Turf Reduction Greens Project, Project No. 2009-18 as 100% complete; or 133 3. Provide staff with alternative direction. Respectfully submitted, Timothy R. Jo son, .E. Public Works D ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Vicinity Map 134 TTACHMENT 1 Legend COME LA QUINTA INDIO CIVIC CENTER CAMPUS AND CITY HALL POLICE SUBSTATION FIRE STATION #70 SILVER ROCK RESORT . CITY COUNCIL MEETING: .December.7, 2010 OF INDIO THE HIDEAWAY GOLF COURSE PGAWESTC.C. ' A r a i ! (I ITEM TITLE. Approval to Award a Contract to Construct the Turf Reduction Greens Project, Project No. 2009-18 APPLICANT: Timothy R. Jonasson, P.E., Public Works Director/City Engineer 135 COUNCILIRDA MEETING DATE: July 19, 2011 ITEM TITLE: Approval to Award a Contract to Construct the Fiscal Year 2010/2011 Slurry Seal Program, Project No. 2010-15 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 15 STUDY SESSION: PUBLIC HEARING: Award a contract to American Asphalt South, Inc., in the amount of $869,460, to construct the Fiscal Year 2010/2011 Slurry Seal Program, Project No. 2010-15, and authorize the City Manager to execute the contract. FISCAL IMPLICATIONS: The project is included within the Public Works Department Operational Budget for Fiscal Year 2010/2011. The line item for this project has an unspent amount available of $917,711 (Account Number 101-7003-431.34-04) from the original budget amount of $955,106. As with the last slurry seal project the current effort includes a base bid area and two Additive Alternates. A vicinity map is provided at Attachment 1. The basis of award is the lowest combined price of the Base Bid Area plus Additive Alternates Number 1 and Number 2. American Asphalt South, Inc. submitted the lowest responsive bid in the combined amount of $1,109,944. Staff is recommending the City award a contract to American Asphalt South, Inc. to construct Base Bid Area 1 and Additive Alternate 1 in the amount of $869,460. The work associated with Additive Alternate 2 will be reconsidered in next year's Slurry Seal Program. As illustrated, adequate funding is available to support Staff's recommendation. CHARTER CITY IMPLICATIONS: 136 The project is 100% funded by the City's General Fund. As such, the project will be advertised for bid as a non -prevailing wage improvement and may result in a cost savings to the City. BACKGROUND AND OVERVIEW: In 2003, the City Council directed staff to implement an Annual Pavement Preservation and Maintenance Program (PMP) maintaining an average PCI rating of 80 or better. The PMP is a citywide survey that provides a current inventory of the City's streets, along with an analysis of the existing condition and preservation recommendations. The PMP was last updated in November 2007. • This year's project will slurry up to 5,141,955 square feet of street surface and restripe the streets after the slurry seal is applied, if the base bid area and additive Alternates are awarded in total. In addition the project will refresh the existing striping citywide on all major, primary and secondary arterials, and collector streets. On June 7, 2011, the City Council approved the plans, specifications and engineer's estimate of probable construction costs, and authorized staff to advertise for bid the Fiscal Year 2010/2011 Slurry Seal Program, Project No. 2010- 15. On June 7, 2011, the City received eight (8) sealed bids for the construction of this project. A detailed bid comparison summary is provided for the City Council's review as Attachment 2. American Asphalt South, Inc. submitted the lowest responsive bid in the amount of $1,109,944, which included the base bid area, plus Additive Alternates 1 and 2. Staff is recommending the City award a contract to American Asphalt South, Inc. to construct Base Bid Area 1 and Additive Alternate 1 in the amount of $869,460. Contingent upon the City Council's approval to award the construction contract on July 19, 2011, following is the project schedule: City Council Awards Construction Contract July 19, 2011 Construction (30 working days) July - September 2011 Accept Improvements October 2011 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Award a contract to American Asphalt South, Inc., in the amount of $869,460, to construct the Fiscal Year 2010/2011 Slurry Seal Program, Project No. 2010-15, and authorize the City Manager to execute the contract; or 137 2. Do not award a contract to American Asphalt South, Inc., in the amount of $869,460, to construct the Fiscal Year 2010/20.11 Slurry Seal Program, Project No. 2010-15; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R. Jotaiso , P.E. Public Works LWector/City Engineer Approved for submission by: Thomas P. Geno--L vese, City Manager Attachments: 1. Vicinity Map 2. Bid Comparison Summary 138 0 ATTACHMENT 1 Vicinity Map Base Bid Area 1 includes the city wide striping of Major Arterials, Primary Arterials, Secondary Arterials and Collector Streets in the public Right of Way. For a Complete list of city streets see Appendix C. 1.9 v e! 8 8 8 S 8$$ 8^ 8 8 8_ 8 t t( $$ 8 8 8 $p 8 R 8 8 8 8 8 $ 8 @Cp s 8 E 8 8 Y�YYYO R 7777 F CF S F R ZZ �gg 2 & g S$ Rp 8 S � L 4 1 I i •��L2 L � L� � L L 'Fa isg ��{ a 2 2 N. a 9 § 1.1[11e4I#II •.e q` !� 4i L+6' #�b $fie Y` Li 'a � � � �! ��:� ^ ��; Li 140 REPORTS & INFORMATIONAL ITEMS: Is COMMUNITY SERVICES COMMISSION MINUTES June 13, 2011 CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 5:30 p.m. by Chairperson Fitzpatrick. Commissioner Leidner led the Pledge of Allegiance. PRESENT: Commissioners Blakeley, Engel, Fitzpatrick, Lawrence, and Leidner STAFF PRESENT: Edie Hylton, Community Services Director; Steve. Howlett, Golf & Parks Manager; Angela Guereque, Senior Secretary PUBLIC COMMENT - None. CONFIRMATION OF AGENDA Director Hylton asked that the Study Session item be moved to the beginning of the meeting. Motion - It was moved by Commissioners Leidner/Blakeley to confirm the agenda as amended. Motion carried unanimously. PRESENTATIONS - None. STUDY SESSION 1. Discussion of the Lighting and Landscape Assessment District, Park Assessment District, Utility Tax, and User Fees as Possible Strategies for Cost Recovery of Parks Maintenance Tim Jonasson, Public Works Director/City Engineer presented a PowerPoint covering the background, strategies, etc. of Special Taxes, Park Assessment Districts, User Fees, and the Landscape & Lighting (L&L) District. Commissioner Leidner asked if a new tax is approved, would that, be in addition to the current L&L District Assessment currently being paid. Director Jonasson stated there would be an additional tax assessed for the parks above the L&L District Assessment. 141 Community Services Commission Minutes June 13, 2011 -2- Director Jonasson stated that outreach is critical for any of these assessments/special taxes/fees to pass. Chairperson Fitzpatrick asked how the City can be sure that the funds will not be restricted on the expenditure toward Capital Improvement projects. Tom Genovese, City Manager, stated that the City has programs in place to fund Capital Improvements projects. Director Hylton presented the User Fee portion of the PowerPoint and explained that more than 40% of sports field users are non-residents. Chairperson Fitzpatrick and Commissioner Leidner stated that User Fees should be looked into as a way to fund a portion of park maintenance. City Manager Genovese presented the cost recovery strategies for Utility User, Sales, and General Taxes. Director Jonasson stated that this item will be presented to City Council in August 2011. APPROVAL OF MINUTES 1. Approval of May 9, 2011 Minutes Motion — It was moved by Commissioners Blakeley/Leidner to approve the minutes as submitted. Motion carried unanimously. CONSENT CALENDAR - None. BUSINESS SESSION 1. Consideration of Adding Dog Park Rules and Regulations to the La Quinta Municipal Code Steve Howlett, Golf & Parks Manager presented the staff report. Commissioner Engel asked how the rules would be enforced. Manager Howlett stated that Code Compliance and Law enforcement can enforce the rules once they added to the Municipal Code. Commissioner Engel stated that the rule requiring a City Dog License may discourage use of the dog parks by tourists/visitors. Commissioner Engel suggested that "Dog Owner" be changed to possibly "Dog Handler." 142 Community Services Commission Minutes June 13, 2011 -3- Commissioner Leidner asked what the description of spectator pertained to. Manager Howlett stated that this rule is to try to keep the dog parks from becoming social spaces. Commissioner Leidner suggested adding a container with dirt and a shovel for the patrons to use to fill up holes that their dogs dig. Motion - It was moved by Commissioner Lawrence/Blakeley to recommend the addition of Dog Park Rules and Regulations to the La Quinta Municipal Code. Motion carried unanimously. 2. Consideration of Cancelling the August 8, 2011 Community Services Commission Meeting Director Hylton presented the staff report. Motion - It was moved by Commissioner Leidner/Blakeley to elect to cancel the August 8, 2011 Community Services Commission Meeting. Motion carried unanimously. DEPARTMENT REPORTS 1. Monthly Department Report for April 2011 2. Monthly Department Report for May 2011 COMMISSIONER ITEMS 1. Report from Commissioners Regarding Meetings Attended. 2. Calendar of Monthly Events PUBLIC HEARING - None. OPEN DISCUSSION ADJOURNMENT It was moved by Commissioners Leidner/Lawrence to adjourn the Community Services Commission meeting at 6:50 p.m. Motion carried unanimously. 143 Community Services Commission Minutes 4- June 13, 2011 NEXT MEETING INFORMATION: A Regular Meeting of the Community Services Commission to be held on July 11, 2011 commencing at 5:30 p.m. in the City of La Quinta Study Session Room, 78- 495 Calle Tampico, La Quinta, CA 92253. itted by: Community Services Senior 144 REPORTS/INFORMATIONAL ITEM: MINUTES HISTORIC PRESERVATION COMMISSION MEETING A Regular meeting held in the Study Session Room at the La QuintaCity Hall 78-495 Calle Tampico, La Quinta, CA April 21, 2011 This meeting of the Historic Preservation Commission was called to order at 3:00 p.m. by Chairman Wright. IV V CALL TO ORDER A. Pledge of Allegiance B. Roll Call Present: Commissioners Maria Puente, Peggy Redmon, Archie Sharp, Allan Wilbur, and Chairman Robert Wright Absent: None Staff Present: Planning Director Les Johnson, Planning Manager David Sawyer, Community Services Director Edie Hylton, Assistant Planner Yvonne Franco, and Secretary Monika Radeva PUBLIC COMMENT: None. CONFIRMATION OF THE AGENDA: Confirmed CONSENT CALENDAR: It was moved and seconded by Commissioners Redmon/Wilbur to approve the minutes of March 17, 2011, as submitted. Unanimously Approved. BUSINESS ITEMS: A. CLG Grant Update: 145 Historic Preservation Commission April 21, 2011 Planning Manager David Sawyer said the dead line for the 2011 Certified Local Government Grant (CLG) was today, April 21, 2011. He said the city submitted two applications: 1) Digitization of the Historic Resources Survey, and 2) Completion of .the Historic Context Statement, including the digitization of the survey's context statement, web page development on the City's existing website, etc. He explained the terms of the application and that the City was offering to provide 40% of the cost and the grant would provide 60%, and that the City's portion would be in staff time. B. 2011 California Preservation Conference: Planning Manager Sawyer said the 2011 California Preservation Conference was scheduled for May 15-18, 2011, in Santa Monica, CA. General discussion followed regarding the travel arrangement, the accommodations, classes, meals, etc. Planning Director Johnson said the Commission would not be attending the 2012 California Preservation Conference, as it was not included in the budget. He explained that there were numerous local opportunities, such as seminars, classes, and conferences that would allow the Commissioners to satisfy the CLG requirements and remain certified. He said staff would inform the Commission Members of these opportunities and the City would cover the costs associated with attendance. General discussion followed regarding the classes and conferences held locally. Staff said that attending these events would also be a wonderful way for the Commissioners to establish contacts with other local organizations within the Coachella Valley, who shared the same passion towards historic preservation. Planning Director Johnson said the annual three-day Planning Association Conference scheduled for October 2012 was to be held in the City of Rancho Mirage. He noted one of the key topics would be historic preservation and he asked the Commissioners' participation if their scheduled allowed for it. Discussion followed regarding the importance of historic preservation in land use planning, the architectural historic sites within the City of La Quinta as well as the archaeological sites. 146 F Historic Preservation Commission April 21, 2011 C. Historic Plaques and Tour Brochure Update: Planning Manager David Sawyer gave an update on the Tour Brochure and explained .that when it was ready to be released, it would tie in with the City's thirtieth anniversary next year as well as with the historic plaques project which was being processed by the Community Services Department. Planning Manager Sawyer introduced Ms. Linda Williams, President of the La Quinta Historical Society, who talked about how the decision for the historic plaques came about. She explained that each plaque would consist of two 12"x12" ceramic Spanish tiles, side by side, surrounded by a wrought iron, angle iron frame with several decorative scrolls. The first tile would have an 11 "x1 1 " ink rendering with watercolor of the building and the second tile would contain text giving historical information and the date it was built. The plaques would be done by a local artist, Kathy Dunham. Six sites have been selected to initiate the project: • La Quinta Historical Society Museum • SilverRock Resort Clubhouse (formerly Rancho Xochomilco) • La Quinta Resort Hotel • El Ranchito Restaurant • Cove casita (La Quinta Palms Realty) • The former Desert Club (Fritz Burns Park) Ms. Williams talked about the approval process, the location of the plaques, the permissions needed to be obtained as some of them would be placed on private properties, their visibility and accessibility to visitors, maintenance, etc. General discussion followed regarding the sites and their history, the artist's renderings, where the plaques would be located on each site, historic casitas in the city that might be eligible for recognition, etc. Community Services Director Edie Hylton said the historic plaque project was being funded partially from a contribution made by the La Quinta Museum and partially by funds provided from the Art in Public Places fund. She noted that the images of the sites being recognized were original renderings by a La Quinta artist. She explained that the images would be digitized onto the tile and protected by UV and graphite coatings. 3 147 Historic Preservation Commission April 21, 2011 Commissioner Sharp suggested there be a plaque that referenced the Indian village that existed within the La Quinta city limits. Ms. Williams said in order to get the plaques in time for the fall of 2011, the latest by the beginning of 2012, and have it coincide with the City's thirtieth anniversary; a decision had to be made to go only with the six plaques listed above due to time constraints. However, more plaques could be made in the future. Chairman Wright asked about the costs associated with the project. Community Services Director Hylton replied that the cost for all six plaques including the artist's work was $5,800. Planning Director Johnson wanted to clarify that the plaques were educational in recognition of the city's landmarks; however, the. plaques did not mean that the sites were being formally designated as historic. He said though no action was required by the Commission, staff wanted to obtain the Commission's approval and suggestions. He said the project would be presented to the City Council on May 17, 2011, for review and consideration to obtain the necessary funding from the Arts in Public Places fund. The Commission Members unanimously agreed that this was a wonderful project and a great way to spread the word about the city's history. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None. VII. COMMISSIONER ITEMS: None. Vill. PLANNING STAFF ITEMS: None IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Wilbur/Sharp to adjourn this Meeting of the Historic Preservation Commission to the next meeting to be held on May 19, 2011. This meeting of the Historic Preservation Commission was adjourned on April 21, 2011, at 3:44 p.m. Unanimously Approved. A3 'tt by Monik Radev Secretary MO, 4 REPORTSANFORMATIONAL ITEM: 210 MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA June 1, 2011 10:00 a.m. I. CALL TO ORDER A. This regular meeting of the Architecture and Landscaping Review Committee was called to order at 10:00 a.m. by Planning Manager David Sawyer who led the Committee in the flag salute. B. Committee Members Present: Jason Arnold, Kevin McCune, and David Thorns Committee Member Absent: None C. Staff present: Planning Manager David Sawyer, Associate Planner Jay Wuu, and Secretary Monika Radeva. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: Staff asked if there were any changes to the Minutes of April 6, 2011. There being no comments or corrections it was moved and seconded by Committee Members Arnold/Thoms to approve the minutes as submitted. Unanimously Approved. V. BUSINESS ITEMS: A. Site Development Permit 2003-762, Amendment 1, a request submitted by WSL La Quinta, LLC. for consideration of Architectural, Site, and Landscaping Plans for La Paloma, a 208-unit senior living community located at the northeast corner of Washington Street and Avenue 50. 149 Architecture and Landscaping Review Committee Minutes June 1, 2011 Associate Planner Jay Wuu presented the information contained in the staff report, a copy of which is on file in the Planning Department. Committee Member McCune said he reviewed the plans extensively and was very pleased with the project and the proposed desert contemporary architectural style. He said RGA Landscape Architects, Inc. had done an outstanding job with the plant palette selection. He suggested the applicant use synthetic turf for the putting greens to avoid maintenance issues, but he thought that natural turf should be used for the proposed courtyards. Committee Member McCune commended the applicant for choosing to use LED lighting, and he said he found the proposed water features to be adequate and in line with the City's water conservation efforts. Committee Member McCune said he found the proposed project to be beautiful and was very much in favor of it. Committee Member Arnold said he was also very pleased with the proposed plans and was in agreement with staff's recommendations and Committee Member McCune's comments, as stated above, and was very much in favor of the project as well. Committee Member Thorns commended staff for the well -written staff report on the project, he said the report was very informative. He also commended the project architect as he found the proposed desert contemporary architectural style to be well -welcomed in the City of La Quinta. Committee Member Thorns asked if there was exterior access to the proposed courtyards, from the outside of the buildings.. Mr. Greg Irwin, Partner of IPA Irwin Partners Architects, 245 Fischer Avenue, Suite # B-2, Costa Mesa, CA 92626, introduced himself and said the courtyards were not accessible from the outside, but the doors were aligned in such a way that one could go through the building from one side directly to the other. Committee Member Thoms asked how the turf in the courtyards would be maintained if there was no exterior access. Mr. Irwin said 2 150 Architecture and Landscaping Review Committee Minutes June 1, 2011 the floor surface used in the hallways of the buildings allowed for lawn mowers and other equipment to be pushed through the building into the courtyard. Committee Member Thorns suggested the applicant use artificial turf in the courtyards to avoid maintenance issues and water overspray on the concrete. Ron Gregory, President of RGA Landscape Architects, Inc., 74020 Alessandro, Suite E, Palm Desert, CA 92260, introduced himself and clarified that the applicant was proposing the use of natural turf only in the main courtyard, as it was much cooler in the summer and the turf would be more actively used. He noted that artificial turf would be used in the remaining courtyards. He assured the Committee that the applicant was aware of the difficulties involved with maintaining the natural turf and was prepared to deal with it as best as possible. He noted the turf would be kept minimum 18", maybe 24" away from the buildings, and very low -arc sprinkler heads would be utilized, to minimize the overspray of water. General discussion followed regarding the advantages and disadvantage of the use of natural vs. synthetic turf. Committee Member Thoms suggested the applicant reconsider the proposed locations of the trees for the covered parking areas located on the east, as some of them might potentially interfere with the parking spaces. Mr. Gregory said the suggestion would be taken into account when finalizing the landscaping plans. Committee Member Thoms asked what material would be used for the property line wall on the north side of the project. He noted the proposed wall would create a trapping space between the wall and the existing residential fences. Mr. Irwin said it would be a block wall and explained that the existing fences were not consistent in material and setbacks; therefore, in order to create a nice clean look for the project, a new wall would have to be built. He explained the residents could tear down their existing fences and the proposed wall would become the new consistent property line. Committee Member Thorns asked if the residents would have to absorb the demolition costs. Mr. Irwin replied the residents would have pay to have their existing fences torn down, however, they 3 151 Architecture and Landscaping Review Committee Minutes June 1, 2011 would not be incurring any of the cost associated with building the new proposed wall. He said the applicant had scheduled a meeting with the residents to discuss any issues and/or concerns. Committee Member Thoms suggested the applicant remove the proposed water feature for the front courtyard. He encouraged the use of decorative paving to enhance the concrete image of the walkways and the courtyard. Mr. Gregory replied it was the applicant's intention to use decorative pavers, however, the details and materials had not yet been selected. Committee Member Thoms suggested the fascia of the carports be painted in one of the darker and stronger colors selected for the buildings to make it stand out and to expand the color palette throughout the entire project. Committee Member Thoms said when traveling north on Washington Street, the project is visible from a birds point of view for part of the way. Therefore, he suggested that any equipment located on the roof be completely screened. Mr. Irwin replied that all equipment located on the roof would be completely screened and that it was the applicant's intent to make the screening an architectural element to the buildings as well. Committee Member Thoms asked staff to consult with the traffic engineer to find out if a U-turn could be allowed on Washington Street from Avenue 50 while traveling southbound. He said there was a left turning lane currently existing, but no U-turn was allowed. There being no further discussion, it was moved and seconded by Committee Members Thoms/McCune to adopt Minute Motion 2011- 004, recommending approval of Site Development Permit 2003- 762, Amendment 1, with staff's recommendations. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None VII. COMMITTEE MEMBER ITEMS: None. VIII. PLANNING STAFF ITEMS: B. Discussion Regarding Summer Meeting Schedule 159 4 Architecture and Landscaping Review Committee Minutes June 1, 2011 The Architecture and Landscape Review Committee unanimously agreed to go dark in the month of July 2011. IX. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members McCune/Thoms to adjourn this meeting of the Architecture and Landscaping Review Committee to a Special Meeting to be held on June 22, 2011. This meeting was adjourned at 10:38 a.m. on June 1, 2011. Respect ully bmitted v MONIKA R DEVA Secretary 5 153 REPORTSANFORMATIONAL ITEM: Zl MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA April 26, 2011 7:03 P.M. I. 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, Weber, Wilkinson, and Chairman Alderson. Commissioner Quill had informed staff he would be late. ABSENT: None STAFF PRESENT: Planning Director Les Johnson, Planning Manager David Sawyer, Associate Planner Jay Wuu, and Executive Secretary Carolyn Walker. IL PUBLIC COMMENT: III. CONFIRMATION OF THE AGENDA: IV. CONSENT CALENDAR: There being no comments, or suggestions, it was moved by Commissioners Weber/Barrows to approve the minutes of March 8, 2011 as submitted. Unanimously approved. V. PUBLIC HEARINGS: A. Final Landscaping Plan 2010-053; a request by Levitan Development for consideration of final landscaping plans for the Desert Express Car Wash located on the east side of Washington Street, approximately 780 feet north of Fred Waring Drive. Associate Planner Jay Wuu presented the staff report, a copy of which is on file in the Planning Department. 154 Planning Commission Minutes April 26, 2011 Chairman Alderson asked if there were any questions of staff. Commissioner Wilkinson asked staff to point out the center access point from the neighboring property as it did not show on the Power Point slide. Staff responded the plans given to the Commission were showed the access and were the correct plans. Commissioner Wilkinson commented on sustainability and walkability yet there was no connection shown. He wondered why it was not included. Planning Director Johnson said it had been staff's recommendation to have that access point established, but there was strong objection from the neighboring property to the south. They were not in support of that connection. General discussion followed on the reasons for this connection. Commissioner Wilkinson commented on the photometric study and the inconsistency of lighting throughout the project. Planning Director Johnson. responded it was quite bright in a few places and suggested the Commission could recommend re- consideration of the lighting plan by directing staff to go over it with the applicant and make any necessary corrections. Commissioner Wilkinson had concerns about the possible monetary consequences, to the applicant, if the electrical had already been pulled, and then changes were made. He added it appeared the plan needed a few more light poles with less intense lights. Staff said that the site was not yet paved and explained why staff was bringing this before the Planning Commission at this particular time. Commissioner Quill joined the Commission at 7:18 p.m. Chairman Alderson asked staff, if the project was approved, would it be possible for staff to convey Commissioner Wilkinson's concerns to the electrical engineers. Planning Director Johnson suggested that a condition be added 155 -2- Planning Commission Minutes April 26, 2011 directing staff to re -visit this to ensure better distribution of lighting throughout the site. Chairman Alderson suggested they set it aside, momentarily, and possibly come back with a motion later in the meeting. Commissioner Barrows asked for clarification on the comment that the 480 watt lighting was not desirable. Planning Director Johnson said in this sized project it was a pretty powerful individual light fixture and that was why the photometric showed readings at 20 in certain locations. Commissioner Barrows asked if there would likely be any concerns, about the lighting, from the residents in the vicinity. Planning Director Johnson said no, and explained the photometric plan showed the light dropping off very quickly, going west, and fixtures no higher than 20 feet with the throw of the light having a minimal effect on the adjacent residential community to the west. Commissioner Weber asked about the north side wall and the landscaping changes proposed. He commented on the fencing that was preventing egress to that area, as well as the maintenance arrangements., Staff responded there would be wrought iron gates and decomposed granite (dg), or other ground cover, to fill in the planter area. Commissioner Weber commented on the lack of space to do anything meaningful, but the trees next to it provided some softening. General discussion followed on the subject of ingress/egress to the site, the Council's decision, and the applicant's position on the possibility of a future connection if the opportunity became available. Planning Director Johnson said the Council did not support making a connection between this and the Mayer Villa Capri project, and the condition was removed. Subsequently, this applicant has removed that connection and designed the project accordingly; since the adjacent property owner was not under any obligation to require the connection. 156 -3- Planning Commission Minutes April 26, 2011 Chairman Alderson had concerns about a maintenance program being required for elimination of any debris that collected behind the wrought iron gates. Chairman Alderson asked Commissioner Barrows if she had concerns about the placement of the barrel cactus. Commissioner Barrows suggested they wait to discuss that with the landscape architect, as the placement could be part of a strategy to keep people from walking in that area. Commissioner Barrows then asked about the intensity of the lighting and the hours of operation. Staff suggested the applicant provide those answers. Commissioner Barrows had concerns about the view heading north on Washington. She asked how the landscaping would be modified in terms of whether there were going to be some trees added to soften the mass of the car wash and the office building behind it. Planning Director Johnson explained the applicant's plans to achieve softening of the direct view heading northbound on Washington; as well as information on the aesthetics of the fabric Canopies. Commissioner Wilkinson asked what the canopy colors were. Planning Director Johnson said they were to be beige and complementary to the building colors. Commissioner Quill asked if Condition No. 107 (having to do with ingress/egress to the south) had been removed. Planning Director Johnson said yes, from the standpoint of the project to the south. Mayer Villa Capri was not conditioned to provide for that access. Discussion followed on: • What was stated in Condition No. 107 • The effect of the Council's decision • What the applicant planned 157 M Planning Commission Minutes April 26, 2011 • Possible modification of conditions • Possible options if neighboring project ownership changed Commissioner Quill said he was in favor of retaining Condition No. 107 as the access was a very smart thing to do. He commented on the City Council's decision of not conditioning the connection as a poor planning choice for connectivity opportunities. He did not understand why the condition was left in if the client was not required to do it. Planning Director Johnson said staff could schedule a hearing for consideration of removing the condition, if the Commission felt strongly about it. Discussion followed on: • If the condition was not removed, was it required? • Staff's position for not removing the condition. • What was currently at the site? • The Council's comments, and subsequent decision, on the connection. Commissioner Barrows said her understanding of retaining that condition was that as long as it didn't create a problem for the applicant and, if things changed with the design, it would not create a huge impact to the applicant, then there's not a huge impact to the applicant if it turns out that that access point could be developed in the future. Planning Director Johnson said that was correct, even though the burden of responsibility to make that connection should rest with the property to the south at a future date. He suggested the applicant address this further as to how they feel about a future connection. But staff is in full support of making that connection. We were perplexed as to why the property owner to the south was in such strong objection to provide a connection that would be a great benefit to their retail establishments. Chairman Alderson said any additional questions, on this matter, could be asked of the applicant and suggested the Commissioners move on to other topics. 158 -5- Planning Commission Minutes April 26, 2011 Discussion then followed on the various positive and negative points of including Acacia trees versus Robustas in certain areas of the landscaping. There being no further questions of staff, Chairman Alderson opened the public hearing portion of the meeting and asked if the applicant would like to speak. Mr. Richard Wasserman, representing the applicant (Levitan Development), P 0 Box 5909, La Quinta 92248, introduced himself and offered to answer the Commissioners' questions. He gave some background on the principals of the property to the south and added he had tried communicating with them countless times and they would not respond about shared interests on the two properties. He commented on the lack of success he had on the possible mitigation of mutual dust control issues. Out of the many times they had tried to work with that owner, they had not had a lot of success. Mr. Wasserman continued on the subject of the entrance to the south. He said they had two issues; 1) the underground storage containment system at that location, which would end up in the middle of the drivable road, and 2). the lack of good visibility when going from south to the north. Those issues would probably mitigate that from being practical, taken as after -the -fact. Commissioner Weber asked the applicant if the connection could be of benefit to their project and if they would be amenable to making that connection if it made sense in the future. Mr. Wasserman said yes, but then mentioned the disparities in the elevation of the adjacent property which he believed to be in excess of six feet. Commissioner Weber said it did not appear there was a six foot elevation difference there now. Mr. Wasserman expanded upon the height differential. Commissioner Weber asked if he was agreeable to looking at solutions. 159 WOE Planning Commission Minutes April 26, 2011 Mr. Wasserman said yes; especially if they could mitigate the traffic issues of crossing traffic on to the property. Chairman Alderson asked about the hours of operation. Mr. Wasserman said 7:00 a.m. to 9:00 p.m., in the winter, and 7:00 a.m. to 10:00 p.m., in the summer as they changed seasonally. General discussion followed regarding the drainage plan; including the applicant's comment that the drainage plan was included in the civil, and not the landscaping plans. Planning Director Johnson said staff had not provided the Commission with the civil plans, but if there was a concern, staff could work with Public Works to re -visit this issue, when the civil plans were reviewed, and make sure that adequate drainage was provided in those areas. Chairman Alderson brought up the issue of the four trees on the north side and said he would like to discuss the matter with the landscape architect. Mr. Wasserman said the landscape architect was available to address the Commissioners' issues. Chairman Alderson said the Commissioners had commented on re- introducing the four trees that had been removed as a vehicle to soften the elevations of the two buildings from the south heading north. He suggested putting a slender tree, with a canopy on it that would stand above the car wash and not have a ball on it so big that it would be confined by the footing of the adjacent fences. A tree like that might be advantageous to soften the elevation of the building. Commissioner Quill suggested a Robusta palm tree. Mr. Wasserman said he understood conceptually, but they were in a hole relative to the northern property which would almost make this impossible; especially with the existing trees and walls, to have any trees in that area. Discussion followed regarding: 160 -7- Planning Commission Minutes April 26, 2011 • Height differences between the properties • The neighboring wall • The garden wall • Concerns about the footings if trees were planted • The softening effect of adding more trees Mr. Wasserman suggested the Commissioners visit the site to look at the situation as it might resolve some of their concerns. Chairman Alderson asked Mr. Wasserman to confirm there would be wrought iron fence (gates), on either end, with ground cover between the north wall and the building. Mr. Wasserman said they were probably going to put in a large aggregate to maintain a nice fresh look. He added this would allow the water to flow through properly and they would be able to maintain the drainage system that runs through there. The gates, on both sides, are there to help mitigate any problems of people going through there. He said they would love to include plants there, but it is an extremely small area and does not receive any light throughout the day. Chairman Alderson and Commissioner Barrows agreed that it would be difficult to grow anything in there. General discussion followed on the ground cover and maintenance of that area. Commissioner Barrows said she had a question for the landscape architect. Chairman Alderson thanked Mr. Wasserman. Mr. Wasserman asked if he could return to the podium, after the Commissions' discussion with the landscape architect, as he had additional issues to address. Chairman Alderson said he would be brought back. Mr. Paul Sturwold, 43-310 Alabama Street, Palm Desert, landscape architect, introduced himself and offered to answer any questions. -g- 161 Planning Commission Minutes April 26, 2011 Commissioner Barrows said she could not tell, by the legend, if the trees on the south side of the building were Mediterranean Fan Palm or Washingtonia. Mr. Sturwold said they are somewhat similar, but they were both palms. He then described the layout and plant palette. Commissioner Barrows asked if one of the conditions of approval recommended the two Mediterranean Fan Palms on the south side of the building be replaced with Washingtonias. Staff said yes. Commissioner Barrows then commented on softening the southern exposure by including some taller trees, possibly palms. Mr. Sturwold said they were also after that effect; however, there was a fine line between hiding the building and softening the view. General discussion followed on the possibility of adding more palm trees. Mr. Sturwold commented that once the Acacia Salicinas got going they would help soften the view. Commissioner Barrows said she did not think they would have enough height to achieve the proper effect since it would be hard for a tree to grow in the five foot stretch between the building and the wall. Mr. Sturwold said yes it would be hard to do, but palms would be a good substitution. He added he did not think they were necessary since the project would derive a lot of benefit from the adjacent property and their huge mesquite trees. Mr. Sturwold added that the barrel cactus were meant to be a desert statement and were basically to be kept in the island area, away from traffic. So, with that placement he didn't know if it was a concern. He added most people try to stay away from Barrel Cactus. Commissioner Barrows said the Golden Barrel is a little better than some, but possibly those could be relocated. She then asked if the Texas Ranger and Oleanders could be replaced with more native 162 IVII Planning Commission Minutes April 26, 2011 materials and commented on the lack of use of native flora. Mr. Sturwold said there was always room for substitutions, but he made those plant choices because of maintenance issues. He has been in the desert for 26 year and had a pretty good feel for what worked and what didn't. Commissioner Barrows said that was a fair point. Mr. Sturwold said if there was the possibility of bringing in a good native plant that works, he would welcome bringing it in. Chairman Alderson asked if there were any other questions of Mr. Sturwold. Hearing none he asked Mr. Wasserman to return to the podium. Mr. Wasserman returned to address the lighting issue. He explained where the lighting would be and where/why there were hot spots on the photometric study. General discussion followed on the lighting plan, specific lighting areas, type and height of light fixtures and off -site spillover. Chairman Alderson asked if there were any more questions of the applicant. There being none he asked if there was any public comment. There being none, Chairman Alderson closed the public hearing and opened the matter for Commission discussion. Commissioner Quill commented that he appreciated the fact that the applicant had flipped the building, as previously requested by the Commission, and that they had worked very hard to put in the additional access to the south of this project. He agreed with Commissioner Barrow's comment on utilizing native plants and added this was a nice looking car wash, but he did not feel it was in the right location. General discussion then followed on addressing each Commissioner's concerns, in the conditions, and the proper framing of the motion. There being no further questions or discussion, it was moved and 163 Planning Commission Minutes April 26, 2011 seconded by Commissioners Barrows/Weber to adopt Minute Motion 2011-001 recommending approval of Final Landscaping Plan 2010- 053 as conditioned in the staff report with the following revisions: a. Whenever possible, native Colorado desert species be incorporated into the landscaping. b. Planning Staff will revisit the Drainage Plan to ensure proper drainage will occur. C. Planning Staff will revisit the photometric study and lighting plan to ensure that the lighting is appropriate and balanced for the project. d. Condition No. 107 shall remain as is. Unanimously approved. VI. BUSINESS ITEMS: VII. CORRESPONDENCE AND WRITTEN MATERIAL: A. Thank you letter submitted to Council, by Ed Alderson, on behalf of the Commissioners who attended the Planners' Institute. General discussion of the Conference followed. B. Invitation from the Coachella Valley Water District for their Water Awareness Tour on May 20, 2011. Chairman Alderson commented that the tour was very worthwhile and encouraged other Commissioners to attend. Vill. COMMISSIONER ITEMS: A. Report of the City Council Meetings of March 15, 2011, April 5, 2011, and April 19, 2011. General comment on pertinent agenda items from the various meetings. Staff advised the Commission of a Special Meeting on June 14, 2011, at 3:00 p.m., for interview and appointment of new commissioners. (Two Planning Commissioners are up for consideration.) B. Commissioner Barrows is scheduled to attend the May 3, 2011, City Council meeting. 164 -11- Planning Commission Minutes April 26, 2011 C. Commissioner Weber commented on the Riverside County Planning Commission's recommendation for approval of the Thermal Motorsports project and its impact on La Quinta and the Coachella Valley. IX: DIRECTOR ITEMS: A. Planning Director Johnson advised the Commissioners of the following items being heard by the City Council in May: 1). Mayer Villa Capri time extension on May 3, 2011, and 21. Eden Rock second time extension on May 17, 2011. B. Planning Director Johnson advised the Commissioners that SCAG, for the third consecutive year, will have their annual meeting here at the La Quinta Resort, on May 5 and 6, 2011. He added that it was quite an honor to have that large of an event in our community. He encouraged the Commissioners to attend. X. ADJOURNMENT: There being no further business, it was moved by Commissioners Weber/Wilkinson to adjourn this regular meeting of the Planning Commission to the next meeting to be held on May 10, 2011. This meeting was adjourned at 8:37 p.m. on April 26, 2011. Respectfully submitted, CarolynWe ker,Executive Secretar Y City of La Quinta, California -12- 165 REPORTS/INFORMATIONAL ITEM: 2-I MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA June 14, 2011 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, Wilkinson, and Chairman Alderson. ABSENT: Commissioners Weber. STAFF PRESENT: Planning Director Les Johnson, City Attorney Kathy Jenson, Principal Engineer Ed Wimmer, Planning Manager David Sawyer, Principal Planner Andrew Mogensen, Associate Planner Jay Wuu, and Executive Secretary Carolyn Walker. Il. PUBLIC COMMENT: III. CONFIRMATION OF THE AGENDA: IV. CONSENT CALENDAR: There being no comments, or suggestions, it was moved by Commissioners Wilkinson/Barrows to approve the minutes of April 26, 2011 as submitted. AYES: Commissioners Barrows, Wilkinson and Chairman Alderson. NOES: None. ABSENT: Commissioners Quill, and Weber. ABSTAIN: None. V. PUBLIC HEARINGS: A. Environmental Assessment 2010-610, Specific Plan 2004- 071,Amendment No. 1, Site Development Permit 2003-762 Extension No. 4, and Amendment No. 1; a request by WSL La Quinta, LLC, for consideration of development plans for La Paloma, a 208-unit 166 Planning Commission Minutes June 14, 2011 senior living community located on the northeast corner of Washington Street and Avenue 50. Associate Planner Jay Wuu presented the staff report, a copy of which is on file in the Planning Department. Commissioner Quill joined the meeting at 7:07 p.m. Planning Director Johnson stated staff had just a received a letter, from MSA Consulting, and needed time to review the changes requested in the letter. (Copy distributed to the Commissioners). He recommended the Commission take public testimony and continue the item to the next meeting to allow adequate time for Planning and Public Works staff to review and adequately respond to the request. Chairman Alderson noted the suggestion and asked if there were any questions of staff. There being none from other Commissioners, Chairman Alderson asked for clarification on the height of the towers and what the client was requesting. Staff responded the client was asking for 36-feet, instead of 28-feet, on the one tower feature, which would be the highest projection. Chairman Alderson asked if there were any violations with parking. Staff responded there were no violations and commented on carports and proper shading for parking areas without carports. Chairman Alderson commented on the north property line and the new fence planned. Staff said the plans called for a new wall spanning the entire northern property line. Where there were fences or existing walls, it would be up to the property owners to work out an agreement with La Paloma to tear down and replace those walls. There being no further questions of staff, Chairman Alderson opened the public hearing portion of the meeting and asked if the applicant would like to speak. Mr. John Rimbach, President of West Living (WSL La Quinta, LLC), 5796 Armada Drive, Suite 300, Carlsbad, CA 92208, introduced 2_ 167 Planning Commission Minutes June 14, 2011 himself and said they were the owners of the site, and then gave some background on acquisition of the property. He explained the previous plans and said they were ' now designing this project as a straight rental project with a full continuum of care, residential -based care from independent living, assisted living, and a small Alzheimer/dementia component. They have eliminated the nursing home component from the prior project plan. The project is now deemed to be more affordable and more economically viable, than the previous project plans. He then explained the licensing requirements and said his development team would come up to answer questions and give further details on the project. Chairman Alderson asked Mr. Rimbach about the new plan for rental, instead of sales, of the units. He then asked about the monthly rates on the units. Mr. Rimbach explained the continuum of care within the project and said the monthly rates had not yet been established. Gregory Irwin, Irwin Partners Architects (IPA) 245 Fischer Avenue, Suite B-2, Costa Mesa CA 92626, introduced himself and said they had spent a lot of time looking at what was previously approved and tried to create a project that would make them better neighbors than what was previously approved. He had one correction, noting the tower entry piece was actually below the height limit. The difference between the roof and what would make it an architectural projection was off. He then explained further why it was still within the actual height limit. Chairman Alderson asked about the color palette and the blue element shown, which was actually clear glass and not an additional color element. Mr. Irwin confirmed it was glass. Discussion followed on the color palette, the garage doors and the use of opaque glass. Mr. Marvin Roos, MSA Consulting, 34-20 Bob Hope Drive, Rancho Mirage, CA - introduced himself and said they had been the project engineers on this property since 1987. He then gave some background on the property. He commented on the letter they submitted saying it actually was only about four comments, because some of the items were just notations. He understood the staff's need to review the letter since there were concerns from their southern neighbor, UHC, who had a representative present to discuss Im -3- Planning Commission Minutes June 14, 2011 it from their perspective. He then commented on the following letter points: • Driveway alignment on Avenue 50 • Left in/left out movements • Improvements on Avenue 50, east of their proposed entry • Direct discharge into the evacuation channel • A U-turn lane southbound on Washington • A uniform wall on the northern boundary • Dropping the site and including a retaining wall. General discussion then followed regarding dropping the site, importing fill, and the design of the retaining wall. Mr. Roos also stated the letter requested that the site development permit approval be for two years, rather than one, and explained why. Mr. Ron Gregory Project Landscape Architect with RGA Landscape Architects — 74020 Alessandro Drive, Palm Desert, CA — introduced himself and commented on the earlier statements made regarding the multitude of fountains within the project, as well as the mention of the lawn area. He explained how they have to figure water calculations, as required by the State, the Water District, and the City. He said they have to use a water factor for different types of plant materials, and that is also used for fountains. He explained how the factors were utilized for any body of water as well as all landscaping. He continued by saying water, and especially in smaller recirculating water features, will be very important to people who will be living there. So, he hoped that would be taken into consideration. He told how a question was brought up, at ALRC, regarding the use of turf for the putting green and the pool area. The turf that is being used on the putting green is all faux turf, and will require no water. The turf that is being used in the pool area is real turf and is cooler. Faux turf is actually as hot as a paved surface would be. He added that even with the use of real turf, they still fit within the maximum water use guidelines. The rest of their landscaping was all water -efficient and desert -type material. Commissioner Wilkinson asked about recovering the condensation off of air conditioning and using it to fill fountains, etc. Mr. Gregory said their firm was currently working on two projects 4 169 Planning Commission Minutes June 14, 2011 taking that into account and the problem was that it was extraordinarily expensive. General discussion followed regarding the recovery of air conditioning condensation and various components of LEED certification. General discussion followed on faux turf versus real turf, and under what circumstances their individual uses are appropriate. Commissioner Barrows asked for Mr. Gregory's comments on why more native species are not being used and gave some examples of non-native species that are used frequently in their place. Mr. Gregory gave anecdotal evidence of projects he was currently working on using native species. He said one of the problems with native plants was that some of them had a very short shelf life. A plant such as brittle bush requires a fair amount of maintenance and doesn't tend to last as long as some of the non-native species. The other problem was that the native plants typically put on a great show in late winter and early spring, then they weren't at their best the rest of the year. He said they were trying to introduce more of them, especially as they are being encouraged to do so in the pursuit of higher LEED scores. He added there was a problem with finding a sufficient quantity of native plants for projects of this size. Commissioner Barrows said this project seemed like a really good opportunity to use native plants. She then asked about the water features and commented on staff's recommendations that the smaller water features seemed appropriate but they were concerned about the entry water feature. The entry water feature only provided an aesthetic benefit and no other usage, such as folks walking over and sitting around the feature. She asked for Mr. Gregory for his perspective on that feature. Mr. Gregory said, at first, he didn't understand what was meant by more than just an aesthetic feature, but he now understood about people gathering around and enjoying the benefits of the water feature. General discussion followed on: What other purposes the water feature could/should serve. s 170 Planning Commission Minutes June 14, 2011 • The current design of the water feature • Additional discussion of the recycling of air conditioning condensation and its possible uses. Chairman Alderson asked if there were any more questions of the applicant. There being none he asked if there was any public comment. Mr. David Pendergrass, representative for James A. Shirley Construction Co., 5462 Jurpe Avenue, Riverside CA - introduced himself and commented on how much he appreciated the fact that staff, and the developer, worked with him to have an opportunity to competitively bid on a project like this. He said it was just such a difference from what he had previously experienced in other communities. He wanted to take the opportunity to say thank you and added that it was good that the City apparently was working with local contractors and because of that his firm supported a project like this. Chairman Alderson said it was very good to hear that local people were being considered. Mr. Mark Irving- Urban Housing Communities, 2000 East Fourth Street, Suite 205, Santa Ana CA 92705 - introduced himself and said he was at the meeting for several purposes. First, he was representing the owners of the property to the south of this project, who were also part of the specific plan originally approved in 2004. He stated they were still under that specific plan. He continued, with his second point, saying he was at the meeting to try to protect the left in on their property, currently within the specific plan. The ingress into the property would be on Avenue 50; otherwise they just have right ins and right outs. So, it is very important to make sure they maintain that. Third, his firm was in support of the applicant's project. Fourth, they were asking staff to review the condition of approval regarding realigning the driveways and providing ingress and egress. He said they were supportive of that effort. Fifth, he agreed with the location and use of the entry fountain. He explained a similar situation where the fountain acted as a noise buffer and he agreed with the current design. 171 Planning Commission Minutes June 14, 2011 Chairman Alderson asked if there was any further public comment. There being none, Chairman Alderson did not close the public hearing since the matter was going to be continued. He suggested a continuation of two weeks to allow time for staff to review this as the letter had not been received until late afternoon on the day of the meeting.. Planning Director Johnson asked the Chairman if either he, or any of the other Commissioners, had any items for staff to discuss with the applicant, prior to the continued meeting, to bring them forward so staff would have that opportunity. Chairman Alderson said he would like staff to clarify the alignment of the driveways and confirm whether the project on the south was still included in the specific plan. Commissioner Quill commented on several items: • This was a more viable project than the previous one. • He agreed with the approval of the Site Development Permit for two years, instead of one. • There should be real turf where there is a recreational component (i.e., swimming pools). • He agreed with Commissioner Barrows' comments regarding the use of native species. • He agreed with direct discharge, into the channel, if there were no issues involved, it was done under an SWPPP, and the water was cleaned up as it went out. There being no further questions or discussion, it was moved and seconded by Commissioners Barrows/Wilkinson to continue the public hearing recommending approval of Specific Plan 2004-071, Amendment No. 1, to June 28, 2011. AYES: Commissioners Barrows,. Quill, Wilkinson and Chairman Alderson. NOES: None. ABSENT: Commissioner Weber. ABSTAIN: None. B. Zoning Ordinance Amendment 201 1-103; a request by the City of La Quinta for consideration of the following amendments to the La Quinta Municipal Code: A clarification regarding the location of certain landscaped parkways (§9.50.100), Correcting an error regarding guest 172 -7- Planning Commission Minutes June 14, 2011 houses and secondary units (§9.140.070), Adjusting the time extension period for development review permits (§9.200.080), Deletion of obsolete language referencing guesthouse examples (§9.210.010), Revised definitions of child day care uses to be consistent with State Law (§9.280.030), and Extend the maximum permitted cul-de-sac length to 1320 feet (§13.24.070), to be effective City -Wide. Principal Planner 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. Commissioner Quill had no questions but commented on the positive nature of the change for the permitted cul-de-sac length going from 660 to 1320 feet. Chairman Alderson said he had no further questions, but did mention staff did a good job of analysis in clearing up these items. There being no further questions of staff, Chairman Alderson noted the City was the applicant and asked if there was any public comment. There being none, Chairman Alderson closed the public hearing and opened the matter for Commission discussion. There being no further questions or discussion, it was moved and seconded by Commissioners Barrows/Wilkinson to adopt Resolution 201 1-004 recommending approval of Zoning Ordinance Amendment 2011-103 as submitted in the staff report. AYES: Commissioners Barrows, Quill, Wilkinson and Chairman Alderson. NOES: None. ABSENT: Commissioner Weber. ABSTAIN: None. There being no further questions or discussion, it was moved and seconded by Commissioners Barrows/Wilkinson to adopt Resolution 2011-005 recommending approval of Zoning Ordinance Amendment 2011-103, cul-de-sac amendment as submitted in the staff report. AYES: Commissioners Barrows, Quill, Wilkinson and Chairman -8- 173 Planning Commission Minutes June 14, 2011 Alderson. NOES: None. ABSENT: Commissioner Weber. ABSTAIN: None. VI. BUSINESS ITEMS: None VII. CORRESPONDENCE AND WRITTEN MATERIAL: None Vill. COMMISSIONER ITEMS: A. Discussion of the recent City Council Meetings. It was decided the meetings of June 7, and June 21, 2011 would be discussed at the next regularly scheduled Commission meeting. B. Commissioner Wilkinson is scheduled to attend the June 21, 2011, City Council meeting. C. The new City Council Meeting Attendance Schedule will be included in the June 28, 2011, packet. D. A brief discussion of the. Summer Schedule was held. It was decided it would be discussed further, and date(s) chosen, at the next regularly scheduled Commission meeting. IX: DIRECTOR ITEMS: None X. ADJOURNMENT: There being no further business, it was moved . by Commissioners Wilkinson/Barrows to adjourn this regular meeting of the Planning Commission to the next meeting to be held on June 28, 2011. This meeting was adjourned at 8:09 p.m. on June 14, 2011. Respectfully submitted, Carolyn Iker, Executive Secretary City of La Quinta, California 174 f COUNCIL/RDA MEETING DATE: July 19, 2011 ITEM TITLE: Consideration of Making a Request to the City of Indio to Complete the Necessary Studies to Comply with the California Environmental Quality Act regarding Future Goldenvoice Concerts at the Indio Polo Fields RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: No direct fiscal implications; however, previous concerts have provided indirect fiscal benefit to La Quinta in the form of increased tenant occupancy tax and sales tax revenues. If the future concerts are cancelled, some revenue to the City may be lost. These benefits have not been quantified. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Over the past several years, numerous concerts (most notably the Coachella Music and Arts Festival) have been held at the Indio Polo Fields. Land use matters associated with the Indio Polo Fields, which consists of the Empire and El Dorado Polo Grounds, are governed by Conceptual Specific Plan 94-10-4 (Specific Plan). The City of Indio adopted the original Specific Plan in March, 1995. It identifies numerous land uses for the 640± acre area, including residential, resort and equestrian uses. The Specific Plan also includes a section addressing requirements applicable to special events, such as concerts. A special events permit is required in order to hold special events. An environmental assessment was completed for the Specific Plan. The assessment 175 concluded the adoption of the Specific Plan was exempt from the California Environmental Quality Act (CEQA) based upon the theory that the impacts associated with the Specific Plan had previously examined in the environmental impact report (EIR) prepared in 1993 for the Indio General Plan. In 1998, the City of Indio amended the Specific Plan, and again determined that the amendment was exempt from CEQA for the same reasons as the original adoption of the Specific Plan, namely, that the environmental impacts had been adequately assessed in the 1993 EIR prepared for the Indio General Plan. The 1994 environmental assessment was general in nature, and did not include information relative to large special event concerts. Based upon all of the documentation provided by Indio to date, it appears that no CEQA review has been conducted that specifically addresses the Indio Polo Field concerts. In addition to the Specific Plan, a Development Agreement (DA) between the City of Indio and Alexander Haagen was entered into in July, 1995. An amendment to the DA was approved in February, 2006, which included additional property included in the Specific Plan but not a part of the original DA. The DA does not grant the property owner any entitlement to hold concerts at the Polo Fields. As stated above, a special event permit is required for concerts at the Polo Fields. The issuance of a special events permit is a "project" that is subject to CEQA. Historically, special event permits for the concerts have been considered on an annual basis. The Indio City Council is the decision making body for such permits. The Specific Plan identifies review process guidelines that require addressing "issues of traffic, noise, auto circulation, parking and access and similar matters." Concerts at the Polo Fields began at the site in 1993. In 1999, the first "Coachella Valley Music and Arts Festival" was held at the polo fields. The original "Coachella- fest" was a two-day (Friday/Saturday) concert series that had approximately 25,000 in daily attendance. The Coachella-fest did not return in 2000. In 2001, Coachella returned as a one -day concert with approximately 25,000 in attendance. In 2002, the festival returned to a two-day format (Friday/Saturday). The event continued as a two-day concert series between 2002 and 2007. In 2003, the festival permitted on -site camping at the Polo Fields. The event continued to grow in popularity and by 2009, Coachella had reached its event capacity and limited daily attendance to 80,000. In 2007, a second music festival, "Stagecoach", was added to the weekend preceding Coachella-fest. The Stagecoach festival has typically averaged an annual daily attendance of 50,000. In October of 2009, a one-time 3-day concert was held with over 40,000 in attendance each day. According to a website relating to the events, in 2011, Goldenvoice LLC, the concert 176 promoter, sold approximately 55,000 tickets for each day of the Stagecoach event, and approximately 75,000 tickets for each day of the Coachella-fest. In 2011, a third festival was added between the Coachella and Stagecoach weekends. The festival, titled "The Big 4", was a one -day concert series featuring four heavy-metal bands that saw approximately 45,000 in attendance. A few weeks following the conclusion of the 2011 concerts, Goldenvoice announced that two Coachella-fest events would be held on succeeding weekends in 2012. Goldenvoice informed Indio and La Quinta city staff that Stagecoach would continue to follow Coachella-fest and that no additional concerts were being proposed. Comments were received from numerous La Quinta residents during and following the 2011 concerts. The residents expressed concerns regarding noise, traffic, security and hours of operations. All comments submitted to La Quinta staff were forwarded to City of Indio staff for their consideration. As a result of the comments received, in mid -June Indio staff scheduled a meeting for July 21 with La Quinta staff and Goldenvoice to discuss in detail all comments received and the ability to mitigate impacts. Several residents also contacted La Quinta City Council members regarding this matter. As a result, on the July 5th City Council meeting, under the "Mayor and Council Member Items" portion of the agenda, the Council discussed the complaints about the concerts. The discussion focused upon whether at a future Council meeting, the City Council should consider whether a letter should be sent to the City of Indio requesting compliance with CEQA for future concerts at the Polo Fields. During the July 5 meeting, Indio Council Member Torres, Indio Police Chief Ramos and several La Quinta residents addressed City Council regarding this matter. The City Council directed the City Manager to schedule this matter for business item consideration at the July 19 City Council meeting and, in the meantime, to meet and confer with the Indio City Manager regarding this matter. Two meetings were held on July 11 specific to the Indio Polo Fields concerts. First, city staff met with representatives from Goldenvoice (Paul Tollett and Skip Paige). The meeting primarily consisted of discussing concerns raised by residents and Goldenvoice's plan to address and mitigate the impacts associated with its concerts. Both representatives identified a strong willingness to fully consider and address all comments received and emphasized the importance of being a good neighbor. Later that same day, city staff met with Indio representatives regarding the Polo Fields concerts. In response to the comments received from La Quinta and Indio residents, Indio City Manager Martinez explained during the meeting that Indio staff and Goldenvoice representatives were in the process of meeting with neighboring residents. He provided a brief summary of a meeting recently held with Indio residents north of Avenue 50. Mr. Martinez stated that they are early in the process of scheduling meetings with multiple La Quinta communities close to the Polo Fields, 177 such as Rancho Santana, La Quinta Polo Estates, Mountain View Country Club, Hideaway and Madison Club, as well as conducting community meetings for all interested parties to attend. He expressed a strong desire to work closely with La Quinta and Goldenvoice staff in an effort to fully address impacts associated with the concerts. If the Council's desire is to request that Indio comply with CEQA, the recommended action would be to authorize the City Manager to submit a letter to the City of Indio requesting such compliance prior to the issuance of any further special event permits. This letter would need to be submitted prior to the date that the Indio City Council considers the special use permits for the 2012 concerts. If the City of Indio proceeds to issue the special event permits without first complying with CEQA, the City of La Quinta would need to decide whether or not to pursue a CEQA challenge in court. If the Council's desire is to work with the City of Indio and Goldenvoice to try to reduce the impacts of the concerts on area residents outside of the context of CEQA, then the Council may wish to direct staff to continue to work with Indio and Goldenvoice and to report back to the Council at a future date. FINDINGS AND ALTERNATIVES: 1. Direct the City of La Quinta staff to meet with the City of Indio Staff and the representatives of of Goldenvoice, LLC to address the impacts of the concerts at the Indio Polo Fields on La Quinta residents and to report back to the City Council regarding the outcome of the efforts; or 2. Direct the City Manager to send a letter to the City of Indio requesting the City of Indio to complete the necessary studies to comply with the California Environmental Quality Act regarding future concerts at the Indio Polo Fields; or 3. Provide alternative direction to the City Council. Respectfully su)fmitted, John Planning Director Approved for submission by: Thomas P. Genovese, City Manager 178 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: JUIv 19. 2011 BUSINESS SESSION: 9- ITEM TITLE: Consideration of an Ordinance Electing to CONSENT CALENDAR: - Comply with Part 1.9 of ABX1 27, the Redevelopment STUDY SESSION: Continuation Act — PUBLIC HEARING: RECOMMENDATION: Motion to take up Ordinance No. _, an ordinance of the City of La Quinta determining it will comply with the Voluntary Alternative Redevelopment Program pursuant to Part 1.9 of Division 24 of the California Health and Safety Code in order to permit the continued existence and operation of the La Quinta Redevelopment Agency, by title and number only and waive further reading. Motion to Introduce Ordinance No. , an ordinance of the City of La Quinta determining it will comply with the V_oluntary Alternative Redevelopment Program pursuant to Part 1.9 of Division 24 of the California Health and Safety Code in order to permit the continued existence and operation of the La Quinta Redevelopment Agency, on first reading. FISCAL IMPLICATIONS: Adoption of the proposed Ordinance will commit the City to remit certain annual payments to the County auditor -controller for ultimate distribution to certain school entities and special districts. If the City adopts the proposed Ordinance to participate in the Voluntary Alternative Redevelopment Program, the City becomes obligated to make the payments, but the legislation permits the Agency to reimburse the City for the payment amount if the City and Agency enter into an agreement for that purpose. RSG has estimated that the payment for the 201 1 /2012 Fiscal Year would be $19,500,000. One-half of the payment would be due on January 15, 2012, and the second half would be due on May 15, 2012. The payment in subsequent years would also be due in two installments, payable on January 15 and May 15. The amount of these payments would vary, depending upon that annual increase in the assessed values of both Project Areas. The subsequent payments would begin in fiscal year 179 2012/2013; RSG projects that this payment would be $4,659,618. These figures are estimates. On August 1, 2011, the Department of Finance will notify the City of its fiscal year 2011-2012 remittance amount. The City will have 15 days to appeal the calculation. For the 2011 /2012 payment, the legislation allows the Agency to use up to 100% of the amount the Agency would have deposited for 201 1 /2012 into its Low and Moderate Income Housing Funds (the "Housing Fund") to make the payments if the Agency finds that it has no other funds available. It is estimated that the 20% set aside fund for 2011-2012 will be $13,602,880. As the legislation now stands, there is no obligation to repay the Housing Fund. However, the President Pro Tem of the Senate has stated that he intends to pursue clean up legislation that would require that the Housing Fund be repaid. If such a requirement were imposed, the Housing Fund would have to be repaid from either the Agency's future non -housing funds or from the City's General Fund. Apart from the 201 1 /2012 Housing Fund deposit, no affordable housing funds may be used to reimburse the City for the initial 201 1 /2012 payments or any of the subsequent payments. Thus, the Agency's existing fund balances in its various affordable housing accounts may not be used to reimburse the City for the payments. The Agency may use any of its non -housing funds to reimburse the City for the payments with the exception of the tax exempt bond proceeds. The Finance Department has identified the means that the City and.Agency could utilize to make the $19,500,000 payment for 201 1 /2012. The proposal would be to use the 2011/2012 Housing Fund deposit of $13,602,880 and $5,897,120 of non - housing tax increment funds designated for SilverRock improvements. RSG's tax increment cash flow projections indicate that there is sufficient capacity in the Project Area No. 1 and Project Area No. 2 non -housing funds to make subsequent years' payments. RSG has evaluated the fiscal implications of both adopting and not adopting the proposed ordinance. If the ordinance is adopted, wherein the City/Agency would participate in the Voluntary Alternative Redevelopment Program, the City/Agency would make a total of $164,201,034 in payments (assuming 2% average annual growth rate of assessed values). This amount entails the $19,402,144 payment for 2011-2012, and a projected $144,701,034 in subsequent years' payments. On a net present value basis (utilizing a 6.5% discount rate) this total amount is $86,457,201. The time period for this calculation is fiscal year 2011-2012 to 2039-2040, the end of Project Area No. 2. During this period, the Agency would have the capacity to receive (on a present value basis and utilizing a 6.5% discount rate) an additional $44,900,000 of non -housing funds (after deducting current bond debt service payments and additional pass -through payments to local schools), and $103,500,000 in Housing Fund deposits (assuming the current law is not modified). RSG has worked with the Finance Department to identify the Agency's cash assets (cash on hand and bond proceeds that could be reallocated to the State), and with a Is 180 local real property appraiser to value the Agency's land assets. Based upon the Dissolution Act legislation, if the City/Agency elected to dissolve, then all funds and undeveloped lands would be subject to liquidation. Per the Dissolution Act, the Agency's non -housing and Housing Fund cash, non -allocated bond proceeds, and land that the Agency purchased but is not yet developed or the subject of a third party agreement, is to be liquidated. The land assets would include the vacant properties reserved for affordable housing development, the Highway 1 1 1 commercial property, the Village properties, and the vacant land at SilverRock Resort. These assets total a projected $100,008,073; the chart below identifies these assets: Land Asset Value Non -housing $ 37,964,157 Housing 3,000,000 Total $ 40,964,157 Non -Housing Project Funding PA1 8,637,657 PA2 2,417,324 Total $ 11,054,981 Housing Project Funding $ 9,059,253 2011 Bond Proceeds PA 2 Non -housing 2,417,277 Financing Authority 25,512,405 Total $ 27,929,682 Total - Land/Assets $ 89,008,073 In Question SRR Canal Funds* 11,000,000 * Tax Exempt Bond Funds may be redeemed in 2012 Grand Total $ 100,008,073 While the City holds title to the land assets, the Dissolution Act provides that the State may seize all land assets that were purchased since January 1, 2011, and all land assets that were transferred to the City since January 1, 2011. It appears that the .,« 181 Washington Street Apartments may not be subject to liquidation since it is an operating affordable housing development and given the Federal rent restriction covenants recorded against the property, this development must continue to operate as an affordable housing development for another 20 years. Thus, this asset would have limited liquidation value. Further, the Dissolution Act provides that the City or the Housing Authority may continue to operate affordable housing properties. If the Council chooses to participate in the Voluntary Alternative Redevelopment Program, an appropriation for the 201 1 /2012 payment and required findings will be brought before the Agency Board at its August 2, 2011 meeting. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On June 29, 2011, Governor Brown signed several budget trailer bills to implement the State Budget for Fiscal Year 2011/2012: ABX1 26 (the "Dissolution Act") immediately suspends all new redevelopment activities and incurrence of indebtedness, and dissolves redevelopment agencies effective October 1, 201 1; and ABX1 27 (the "Continuation Act") allows redevelopment agencies to avoid dissolution under the Dissolution Act if their host cities/counties elect to comply with the alternative redevelopment program described in Part 1.9 thereof. As applied in La Quinta, the Continuation Act would require the City to commit to making certain payments beginning in January of 2012, but would allow the Agency to transfer funding to the City for the purpose of making the payments. For the initial year payments, the transfers can come from the Agency's 2011-2012 housing funds. There is no obligation to repay the housing fund for the amounts used. In the event the City does not elect to comply with the Continuation Act, the Agency will be limited to performing its current contractual obligations, and as of October 1, 2011, the Agency will be officially dissolved. The City, as the Agency's "successor agency" (if the City elects to be the successor agency) would take over performance of the Agency's current contractual obligations. In that event, the City's actions as the successor agency would be monitored by an "oversight board," comprised of seven members, of which only one member would be representing the City's interests.' The basic function of the successor agency would be to liquidate the Agency's assets and pay off its debt. Assuming there is sufficient Agency funding to make the anticipated payments, the 1 The members of the oversight board would include two members appointed by the Riverside County Board of Supervisors, one member appointed by the Mayor of the City, one member appointed by the County Superintendent of Education, one member appointed by the Chancellor of California Community Colleges, one member appointed by the largest special district taxing entity, and one member appointed by the Mayor, representing the former employees of the Agency. 182 City Council may adopt an ordinance declaring the City's decision to comply with the Continuation Act in order to enable the Agency to resume its redevelopment activities. If such an ordinance is introduced on July 19, 2011, the second reading of the ordinance would occur on August 2, 2011. Pursuant to the new legislation, the Agency's powers would be restored as of the date that the ordinance is enacted, which occurs upon its second reading. Thus, the Agency's powers could be restored as early as August 2, 2011, if the recommended action is taken. Redevelopment reform legislation will likely be passed in the near future that further restricts redevelopment activities for revived redevelopment agencies. At this juncture, it is not possible to outline what those reforms might include. Based upon the draft legislation that had been discussed both prior to and since the adoption of the budget, the reform legislation may prohibit the use of Agency funds for projects such as golf courses. In addition, funding of affordable housing may be more strictly regulated. The City Attorney's office has prepared the attached draft ordinance ("Draft Ordinance") for the purpose of making the election for the Agency to continue in existence. The Draft Ordinance is intended to preserve the City's and Agency's rights should any of the legal challenges to the Dissolution Act and Continuation Act succeed. The Draft Ordinance is based upon a model ordinance released recently by the California Redevelopment Association ("CRA"). The CRA and the League of California Cities (the "League") each plan to file a lawsuit challenging the Dissolution Act and the Continuation Act. It is anticipated that the litigation will be filed prior to the July 19`h Council meeting. There are many uncertainties relating to the decision to move forward with an "opt in" ordinance at this juncture. First, although the Draft Ordinance is based upon the CRA model ordinance and is written in a way that is intended preserve the City's and Agency's rights, should there be a successful challenge to the Dissolution Act and Continuation Act, there is at least some risk that by adopting the Draft Ordinance, the City could be barred from rescinding its commitment to make the payments. It would also likely be difficult to seek a return of the payment made prior to the ruling. Second, the payment obligations in the Continuation Act are imposed directly on the City, and not on the Agency. As such, if the funds were not available from the Agency, the City would be required to make the payment out of its general fund or permit the Agency to be dissolved. RSG and the Finance Director have indicated that there are or will be sufficient RDA funds to meet the RDA's existing obligations and the anticipated payments. It is possible that short term general funds loans may be required in the future for the City to be able to make the payments There are also obvious risks associated with not "opting in" prior to the deadline. These risks includes loss of existing Agency funds, loss of all future Agency funds, loss of Agency property, and an unwinding of various City -Agency transactions. The law firm of Goldfarb and Lipman has circulated a very complete summary of the 4 183 new legislation, including the "opt in" procedures and the consequences of not electing to continue. A copy of that summary is attached hereto as Attachment 1. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Motion to take up Ordinance No. _, an ordinance of the City of La Quinta determining it will comply with the Voluntary Alternative Redevelopment Program pursuant to Part 1.9 of Division 24 of the California Health and Safety Code in order to permit the continued existence and operation of the La Quinta Redevelopment Agency, by title and number only and waive further reading; and 2. Motion to Introduce Ordinance No. _, an ordinance of the City of La Quinta determining it will comply with the Voluntary Alternative Redevelopment Program pursuant to Part 1.9 of Division 24 of the California Health and Safety Code in order to permit the continued existence and operation of the La Quinta Redevelopment Agency, on first reading; Do not adopt an ordinance declaring its the City's intention to comply with Part 1.9 of ABX1 27; 3. Consider this item at a subsequent City Council meeting; 4. Provide staff with alternative direction. Respectfully submitted, Debbie Powell Economic Development/Housing Manager Approved for submission by: A4 /� - 4f,4� ..- Thomas P. Genovese, City Manager Attachment: 1. Goldfarb and Lipman Summary 1 184 ORDINANCE NO. AN ORDINANCE THE CITY OF LA QUINTA, CALIFORNIA, DETERMINING IT WILL COMPLY WITH THE VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE IN ORDER TO PERMIT THE CONTINUED EXISTENCE AND OPERATION OF THE LA QUINTA REDEVELOPMENT AGENCY WHEREAS, the City Council of the City of La Quinta ("City") approved and adopted (i) the Redevelopment Plan for La Quinta Project Area No. 1 ("Project Area No. 1 " or "Project Area No. 1 Redevelopment Plan," as applicable) on November 29, 1983, by Ordinance No. 43; and (ii) the Redevelopment Plan for La Quinta Redevelopment Project Area No. 2 ("Project Area No. 2" or "Project Area No. 2 Redevelopment Plan," as applicable) on May 16, 1989, by Ordinance No. 139, as amended on December 20, 1994, by Ordinance No. 259, on February 3, 2004, by Ordinance No. 399, on March 16, 2004, by Ordinance No. 403, and on March 16, 2004, by Ordinance No. 404; and WHEREAS, the La Quinta Redevelopment Agency ("Agency") is engaged in activities to execute and implement the Project Area No. 1 Redevelopment Plan and the Project Area No. 2 Redevelopment Plan (collectively, the "Redevelopment Plans") pursuant to the provisions of the California Community Redevelopment Law (Health and Safety Code § 33000, et sec.) ("CRL"); and WHEREAS, since adoption of the Redevelopment Plans, the Agency has undertaken redevelopment projects in Project Area No. 1 and in Project Area No. 2 (collectively, the "Project Areas") to eliminate and prevent blight, to improve public facilities and infrastructure, to renovate and construct affordable housing, and to enter into partnerships with private industries to create jobs and expand the local economy; and WHEREAS, over the next few years, the Agency hopes to implement a variety of redevelopment projects and programs to continue to eliminate and prevent blight, stimulate and expand the Project Areas' economic growth, create and develop local job opportunities, improve and expand affordable housing, and alleviate deficiencies in public infrastructure; and WHEREAS, as part of the 2011-12 State budget bill, the California Legislature has recently enacted and the Governor has signed, companion bills 11 185 Ordinance No. Election re Alternate Redevelopment Program Adopted: August 2, 2011 Page 2 ABX1 26 and ABX1 27, requiring that each redevelopment agency be dissolved unless the community that created it enacts an ordinance committing it to make certain payments; and WHEREAS, specifically, ABX1 26 prohibits redevelopment agencies from taking numerous actions, effective immediately and purportedly retroactively, and additionally provides that redevelopment agencies are deemed to be dissolved as of October 1, 2011; and WHEREAS, ABX1 27 provides that a community may participate in an "Alternative Voluntary Redevelopment Program," in order to enable a redevelopment agency within that community to remain in existence and carry out the provisions of the CRL, by enacting an ordinance agreeing to comply with Part 1.9 of Division 24 of the Health and Safety Code; and WHEREAS, the Alternative Voluntary Redevelopment Program requires that the community agree by ordinance to remit specified annual amounts to the county auditor -controller; and WHEREAS, under the threat of dissolution pursuant to ABX1 26, and upon the contingencies and reservations set forth herein, the City shall make the Fiscal Year 2011-2012 community remittance, currently estimated to be Nineteen Million Five Hundred Dollars ($19,500,000), as well as the subsequent annual community remittances as set forth in the CRL; and WHEREAS, the City reserves the right to appeal the California Director of Finance's determination of the Fiscal Year 2011-12 community remittance, as provided in Health and Safety Code Section 34194; and WHEREAS, City understands and believes that an action challenging the constitutionality of ABX1 26 and ABX1 27 will be filed on behalf of cities, counties and redevelopment agencies; and WHEREAS, while the City currently intends to make these community remittances, the remittances shall be made under protest and without prejudice to 1B6 Ordinance No. Election re Alternate Redevelopment Program Adopted: August 2, 2011 Page 3 the City's right to recover such amounts and interest thereon, to the extent there is a final determination that ABX1 26 and ABX1 27 are unconstitutional; and WHEREAS, the City reserves the right, regardless of any community remittance made pursuant to this Ordinance, to challenge the legality of ABX1 26 and ABX1 27; and WHEREAS, to the extent a court of competent jurisdiction enjoins, restrains, or grants a stay on the effectiveness of the Alternative Voluntary Redevelopment Program's payment obligation of ABX1 26 and ABX1 27, the City shall not be obligated to make any community remittance for the duration of such injunction, restraint, or stay; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred. NOW, THEREFORE, the City Council of the City of La Quinta, California, does ordain as follows: Section 1. Recitals. The Recitals set forth above are true and correct and incorporated herein by reference. Section 2. Participation in the Alternative Voluntary Redevelopment Program. In accordance with Health and Safety Code Section 34193, and based on the Recitals set forth above, the City Council hereby determines that the City shall comply with the provisions of Part 1.9 of Division 24 of the Health and Safety Code, as enacted by ABX1 27. Section 3. Payment Under Protest. Except as set forth in Section 4, below, the City Council hereby determines that the City shall make the community remittances set forth in Health and Safety Code section 34194 et seq. Section 4. Effect of Stay or Determination of Invalidity. City shall not make any community remittance in the event a court of competent jurisdiction either grants a stay on the enforcement of ABX1 26 and ABX1 27 or determines that ABX1 26 and ABX1 27 are unconstitutional and therefore invalid, and all appeals therefrom are exhausted or unsuccessful, or time for filing an appeal therefrom has lapsed. Any community remittance shall be made under protest and without prejudice to the City's right to recover such amount and interest thereon in 187 Ordinance No. Election re Alternate Redevelopment Program Adopted: August 2, 2011 Page 4 the event that there is a final determination that ABX1 26 and ABX1 27 are unconstitutional and therefore invalid. If there is a final determination that ABX1 26 and ABX1 27 are unconstitutional and therefore invalid, this Ordinance shall be deemed to be null and void and of no further force or effect. Section 5. Implementation. The City Council hereby authorizes and directs the City Manager to take any action and execute any documents necessary to implement this Ordinance, including but not limited to notifying the Riverside County Auditor -Controller, the Controller of the State of California, and the California Department of Finance of the adoption of this Ordinance and the City's agreement to comply with the provisions of Part 1.9 of Division 24 of the Health and Safety Code, as set forth in ABX1 27. Section 6. Additional Understandings and Intent. It is the understanding and intent of the City Council that, once the Agency is again authorized to enter into agreements under the CRL, the City will enter into an agreement with the Agency as authorized pursuant to Section 34194.2, whereby the Agency will transfer annual portions of its tax increment to the City in amounts not to exceed the annual community remittance payments to enable the City, directly or indirectly, to make the annual remittance payments. The City Council does not intend, by enactment of this Ordinance, to pledge any of its general fund revenues or assets to make the remittance payments. Section 7. CEQA. The City Council finds, under Title 14 of the California Code of Regulations, Section 15378(b)(4), that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") in that it is not a "project," but instead consists of the creation and continuation of a governmental funding mechanism for potential future projects and programs, and does not commit funds to any specific project or program. The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Riverside in accordance with CEQA Guidelines. Section 8. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City Clerk's office located at 78-495 Calle Tampico La Quinta, California 9225. The custodian for these records is Veronica Montecino. Section 9. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it Ordinance No. Election re Alternate Redevelopment Program Adopted: August 2, 2011 Page 5 would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof. Section 10. Certification; Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of La Quinta, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with Government Code § 36933. Section 11. Date of Revival of Powers. Pursuant to Health & Safety Code Section 34193(a), the Agency shall continue to exist and carry out the provisions of the CRL as of the date of enactment of the Ordinance, August 2, 2011. Section 12. Effective Date. Except as provided in Health & Safety Code Section 34193(a), this Ordinance shall become effective thirty (30) days from and after the date of final passage. PASSED, APPROVED, AND ADOPTED, at a regular meeting of the La Quinta City Council held this 2nd of August, 2011, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA MONTECINO, CMC, City Clerk It 189 Ordinance No. Election re Alternate Redevelopment Program Adopted: August 2, 2011 Page 6 City of La Quinta, California APROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 190 ATTACHMENT 1 goldfarb li p.m a n attorneys Oakland Los Angeles San Diego tY OF ENACTED STATE LEGISLATION ING REDEVELOPMENT AND ABX 1 27) Y6,2011 posed cleanup legislation and Lipman intends to update this to get the most up-to-date 510 836 6336 213 627 6336 619 239 6336 191 oldfarb & lipman Table of Contents PART A. INTRODUCTION AND PURPOSE....................................................I I. Introduction and Overview of Redevelopment Restructuring Acts 1 II. Potential Litigation................................................................................2 III. Additional Potential Redevelopment Legislation.................................3 PARTB. DISSOLUTION ACT...........................................................................5 I. Introduction...........................................................................................5 II. Suspension of RDA Activities and Preservation of RDA Assets andRevenues.........................................................................................5 III. Permitted and Required RDA Activities Prior to Dissolution..............7 IV. Treatment of Agreements between a RDA and its Sponsoring Community or Other Public Agency/Public Entity ..............................8 V. Dissolution of RDAs/Creation of Successor Agencies .......................10 VI. Transfer of Housing Functions of Former RDA.................................10 VII. Role of Successor Agencies................................................................11 VIII. Oversight Boards.................................................................................13 IX. Role of County Auditor-Controller.....................................................14 X. Payments from Trust Fund..................................................................14 XI. Miscellaneous......................................................................................16 PART C. ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAMACT................................................................................17 I. "Alternative Voluntary Redevelopment Program" Opt-In..................17 II. Sources and Uses of Remittances........................................................17 III. Calculation of FY 2011-2012 Remittances.........................................19 IV. Calculation of FY 2012-2013 Remittances.........................................20 V. Calculation of Remittances for FY 2013-2014 and Beyond...............21 VI. Sanctions for Failure to Make Remittances........................................22 VII. Miscellaneous......................................................................................22 PART D. KEY MILESTONES FOR IMPLEMENTATION OF REDEVELOPMENT RESTRUCTURING ACTS .............................23 I. Milestones Related To Voluntary Program Act..................................23 II. Milestones Related To Dissolution Act..............................................25 i 990051\1M9994.4 1 192 PART A. INTRODUCTION AND PURPOSE I. Introduction and Overview of Redevelopment Restructuring Acts Governor Brown has now signed several budget trailer bills to implement the State Budget for Fiscal Year (FY) 2011-2012 that was approved by the Legislature and sent to the Governor on the evening of June 28, 2011. Among the signed trailer bills are two addressing redevelopment that significantly modify the California Community Redevelopment Law (the "CRL"): ABx1 26 (the "Dissolution Act") and ABxl 27 (the "Voluntary Program Act"; and together with the Dissolution Act, the "Redevelopment Restructuring Acts").' If upheld against anticipated constitutional challenge, the Redevelopment Restructuring Acts will fundamentally alter the future of California redevelopment. Working in tandem: (1) The Dissolution Act first immediately suspends all new redevelopment activities and incurrence of indebtedness, 2 and dissolves redevelopment agencies ("RDAs") effective October 1, 2011; and (2) The Voluntary Program Act then allows RDAs to avoid dissolution under the Dissolution Act by opting into an "alternative voluntary redevelopment program" (the "Voluntary Program") requiring specified substantial annual contributions to local school and special districts. If all RDAs were to opt -in to the Voluntary Program, these contributions would amount to $1.7 Billion for FY 2011-2012 and appear intended to amount to $400 Million in each succeeding year (subject to certain adjustments described below). ' The Governor signed the Redevelopment Restructuring Acts before midnight on June 28. The Redevelopment Restructuring Acts were chaptered by the Secretary State on June 29 as Chapter 5 and Chapter 6 of the 2011-2012 First Extraordinary Session. On June 30 the Governor signed the main budget bill (SB 87) and certain other budget trailer bills acted upon by the Legislature. Under these circumstances, there is uncertainty among legal experts as to whether the effective date of the Redevelopment Restructuring Acts is the date the Governor signed the acts (June 28) or the date the Governor signed the main budget bill to which the Redevelopment Restructuring Acts are related trailer bills (June 30). It is the view of the California Redevelopment Association that the Redevelopment Restructuring Acts became effective on the date the Governor signed the main budget bill. Z It is highly questionable under the 'contract clauses" of the Federal and State constitutions whether the Dissolution Act could be retroactive to 12:01 a.m. of its effective date, thereby purporting to render invalid contracts entered into by a RDA earlier in the day on which the Dissolution Act becomes effective. 193 990051\1\999994.4 Following this Part A overview, this summary describes the Dissolution Act (Part B) and the Voluntary Program Act (Part C), and concludes with a schedule of key dates set forth in the Redevelopment Restructuring Acts (Part D). II. Potential Litigation The California Redevelopment Association ("CRA") and the League of California Cities (the "League") have strongly indicated their intent to challenge in court the validity and constitutionality of the Redevelopment Restructuring Acts on numerous grounds, including that the acts violate the following provisions of the California Constitution: • Article XIIIA, Section 25.5 , which prohibits city or county property tax from being used for schools; • Article XIIIA, Section 1, which prohibits the transfer of property tax to transit districts; o Article XIII, Section 24, which prohibits the Legislature from restricting the use of taxes imposed by local governments for their local purposes; • Article XIIIA, Section 25.5, which prohibits indirect allocation of tax increment to schools, transit districts and fire protection districts; e Article XVI, Section 6, which prohibits the transfer of city or county revenues to schools and transit districts and fire protection districts as an unlawful gift of public funds; • Article XIIIB, which prohibits the use of property tax to fund state mandates; • Article XVI, Section 16, which requires all tax increment to be used to repay indebtedness incurred by the redevelopment agency to carry out its redevelopment projects; and • Article XIIIA, Section 25.5, which prohibits city and county property tax from being transferred to special districts without a 2/3 vote. 11 •' 990051\1\999994.4 CRA and the League will petition to have their lawsuit heard initially by the California Supreme Court to accelerate the ultimate court decision, and to seek a court "stay" or injunction to prevent the Redevelopment Restructuring Acts from being operative pending the final court decision on the merits of the lawsuit. Goldfarb & Lipman will monitor and provide client advice regarding the major steps in this anticipated litigation. Given the complexity and magnitude of impact of the Redevelopment Restructuring Acts, it is also highly likely that these acts will engender litigation from individual RDAs regarding the constitutionality and applicability of various provisions of the acts to the litigating RDA's individual situation. III. Additional Potential Redevelopment Legislation The Voluntary Program Act itself states the legislative intent to enact legislation later in the current legislative session to address the RDA special payment formula for fiscal years after the FY 2011-2012 Budget, as described further below. In addition, at the time of Senate passage, the President Pro Tern of the Senate outlined a series of "clean-up" provisions to the Redevelopment Restructuring Acts that he intends to pursue later in the 2011 legislative session, including: e Provide mechanisms for RDAs that would not otherwise be able to opt -in to the Voluntary Program to avoid dissolution by spreading their FY 2011-12 payments over multiple years; • Provide for redevelopment plan time extensions for RDAs that opt -in to the Voluntary Program to partially offset the financial impact of the Voluntary Program; • Require RDAs to repay any Low and Moderate Income Housing Funds used to make payments under the Voluntary Program; and • Focus eligible expenditures of RDA funds to projects that encourage infill development and improve the jobs/housing balance. Other potential clean-up provisions have also come to light during our review of the Redevelopment Restructuring Acts, some of which are noted in the following analysis. 195 990051\1\999994A Finally, separate from the Redevelopment Restructuring Acts, but also important to the future of California Redevelopment for those RDAs that opt -in to the Voluntary Program and continue to operate, the following key bills have been introduced in the 2011 legislative session: • SB 450 (Lowenthal), which would enact major reforms to the affordable housing provisions of the CRL;3 and SB 286 (Wright) and AB 1250 (Alejo), similar legislation that would address major CRL reforms related to non -housing redevelopment activities and the adoption of future redevelopment plans.4 Goldfarb & Lipman will continue to carefully monitor and provide timely information regarding the progress of these various legislative actions that could affect the CRL for RDAs that choose to opt -in to continued existence under the Voluntary Program. ' SB 450 was passed out of the Senate on June 2, 2011 by a 39-0 vote. SB 450 was passed out of the Assembly Committee on Housing and Community Development on June 29, 2011 by a 7-0 vote and has been sent to the Assembly Committee on Appropriations. 4 SB 286 is being held in the Senate Committee on Governance and Finance and AB 1250 has been sent to the Assembly Committee on Rules. 4196. 990051\1\999994.4 PART B. DISSOLUTION ACT I. Introduction As detailed in this Part B, the Dissolution Act: • Immediately suspends and prohibits most redevelopment activities;5 • Dissolves RDAs as of October 1, 2011 (unless a RDA opts into continued existence under the Voluntary Program); • Creates successor agencies ("Successor Agency" or "Successor Agencies") and oversight boards ("Oversight Board" or "Oversight Boards") to continue to satisfy enforceable obligations of a former RDA, and administer the dissolution and wind down of each dissolved RDA; and Establishes roles for the County -Auditor Controller, the Department of Finance and the State Controller's Office in the dissolution process and satisfaction of enforceable obligations of former RDAs. II. Suspension of RDA Activities and Preservation of RDA Assets and Revenues Upon effectiveness of the Dissolution Act, a RDA is generally no longer authorized to: • Incur new indebtedness or other obligations or restructure existing indebtedness and other obligations; • Make loans or grants; • Enter into contracts; • Amend existing agreements, obligations or commitments; • Renew or extend leases or other agreements; This suspension will become permanent on the dissolution date of October 1, 2011 for RDAs not participating in the Voluntary Program, and will be lifted for RDAs that opt -in to continued existence under the Voluntary Program upon enactment of the Sponsoring Community's opt -in ordinance (see Part C.1). See also footnotes 1 and 2. 197 990051\1\999994.4 • Transfer funds out of the Low and Moderate Income Housing Fund; • Dispose of or transfer assets; • Acquire real property in most circumstances; • Prepare, adopt, amend or merge redevelopment plans; • Approve any program, project or expenditure; • Prepare or amend implementation plans, relocation plans or other planning documents; • Cause development or rehabilitation of housing units; • Join a joint powers authority; • Form or join a separate legal entity; • Bring a validation action in connection with issuance of revenue bonds; • Commence an eminent domain proceeding; • Prepare a draft EIR; • Undertake various affordable housing activities; • Accept financial assistance; or • Increase employee compensation, bonuses or number of RDA employees and officials. According to the Dissolution Act, this suspension and prohibition of most redevelopment activities is intended, to the maximum extent possible, to preserve the revenues and assets of RDAs so that those assets and revenues that are not needed to pay for enforceable obligations may be used by local governments to fund core governmental services including police and fire protection services and schools. Oj 990051\1\999994.4 III. Permitted and Required RDA Activities Prior to Dissolution Until October 1, 2011 (when RDAs are dissolved unless they opt -in to continued existence under the Voluntary Program), a RDA is authorized to: • Make scheduled payments on and perform obligations required under its "Enforceable Obligations,"' which include: o Bonds; o Loans borrowed by a RDA; o Payments required by federal or state government or for employee pension obligations; o Judgments or settlements; o "Any legally binding and enforceable agreement or contract that is not otherwise void as violating the debt limit or public policy"; and o Contracts for administration or operation of the RDA. • Set aside reserves as required for bonds; • Preserve all assets and records and minimize RDA obligations and liabilities; • Cooperate with its Successor Agency and auditing entities (as described below); and • Avoid triggering defaults under Enforceable Obligations. In addition, during this suspension period the Dissolution Act requires each RDA to: • Prepare an Enforceable Obligation Payment Schedule setting forth specified information about the RDA's Enforceable Obligations; • Adopt the Enforceable Obligation Payment Schedule at a public meeting; • Post the Enforceable Obligation Payment Schedule on the RDA's or its Sponsoring Community's website; e With a minor exception that may be a drafting error, "Enforceable Obligations" are defined in the same way during the suspension period described in this section as during the post -dissolution period discussed in succeeding sections. 7 199 990051\1\999994 4 • Transmit the Enforceable Obligation Payment Schedule by mail or electronic means to the County Auditor -Controller, the State Controller and the Department of Finance; • Designate an RDA official to whom the department may make information requests; • Prepare a preliminary draft of the initial Recognized Obligation Payment Schedule and deliver the such schedule to the Successor Agency; and • Produce documents associated with Enforceable Obligations upon request of the State Controller or Department of Finance. The Department of Finance may review a RDA action or Successor Agency action pursuant to an Enforceable Obligation Payment Schedule or a Recognized Obligation Payment Schedule, and such actions will not be effective for three business days, pending a request for review by the department. If the department requests a review of a given RDA action, the department shall have ten days from the date of its request to approve the RDA action or return it to the RDA for reconsideration.9 IV. Treatment of Agreements between a RDA and its Sponsoring Community or Other Public Agency/Public Entity With limited exceptions, the Dissolution Act expressly states that Enforceable Obligations to be paid by Successor Agencies do not include agreements, contracts or arrangements between a RDA and the city, the county or the city and county that created the RDA (the "Sponsoring Community"), and that such agreements, contracts or arrangements are invalid and not binding on Successor Agencies. These provisions do not apply to the following agreements, which may be deemed Enforceable Obligations and binding upon Successor Agencies: ' Notification providing the Website location of the Payment Schedule will suffice to meet this requirement. ' It is unclear whether the reference in the Dissolution Act to the "department" is intended to refer to the California Department of Housing and Community Development (which is the normal meaning of that term in the CRL) or, more likely, to the Department of Finance which is the department to which responsibilities are given under the Dissolution Act. 9 It appears difficult to reconcile the Dissolution Act's requirement that RDAs continue to pay scheduled Enforceable Obligations with the provision that payments under a Payment Schedule are not effective for 3 business days. 99005 N \999994.4 g 200 A duly authorized written agreement entered into at the time of issuance, but in no event later than December 31, 2010, of bonds, notes, certificates of participation or other similar indebtedness, and solely for the purpose of securing or repaying such indebtedness; • A written agreement between a RDA and its Sponsoring Community that provided loans or other startup funds for the RDA that was entered into within two years of the formation of the RDA; or • A joint exercise of powers agreement in which the RDA is a member of the joint powers authority.10 Beginning upon effectiveness of the Dissolution Act, the State Controller is directed to review,RDA activities and determine whether an asset transfer has occurred after January 1, 2011 between the RDA and its Sponsoring Community or other public agency. If the State Controller determines that such an asset transfer did occur and the recipient has not contractually committed such assets to a third party to expend or otherwise encumber those assets, such assets will be ordered returned to the RDA or Successor Agency for payment of recognized obligations or distribution as property taxes. In any instance where the Oversight Board has found that early termination would be in the best interest of the taxing entities, the Dissolution Act directs Oversight Boards to ensure that Successor Agencies terminate any agreement between the former RDA and any local public entity within the same county that obligates the former RDA to provide funding for debt service obligations of such local public entity or for the construction or operation of facilities owned or operated by such local public entity. 10 However, upon assignment to the Successor Agency by operation of the Dissolution Act, the Successor Agency's rights, duties and performance obligations under that joint exercise of powers agreement will be limited by the constraints imposed on Successor Agencies by the Dissolution Act. .1 9 201 990051\1\999994.4 V. Dissolution of RDAs/Creation of Successor Agencies For each RDA that has not opted in to the Voluntary Program, under the Dissolution Act, as of October 1, 2011: • The RDA will be dissolved; and • A Successor Agency will be created for each RDA. The Successor Agency will be the Sponsoring Community of the RDA unless it elects not to serve in that capacity. In that case, the Successor Agency will be the first taxing entity submitting to the County Auditor -Controller a duly adopted resolution electing to become the Successor Agency. The actions of the Successor Agency will be monitored, and in some cases approved, by the Oversight Board as described in Section VIII below. All assets, properties, contracts, leases, records, buildings and equipment of former RDAs would be transferred to the control of the Successor Agency, except as described in Section VII below for affordable housing assets. VI. Transfer of Housing Functions of Former RDA The Sponsoring Community may elect to assume the housing functions and take over the housing assets of the former RDA, excluding amounts in the former RDA's Low and Moderate Income Housing Fund,11 along with related rights, powers, liabilities, duties and obligations.12 If the Sponsoring Community does not elect to assume the former RDA's housing functions, such housing functions and all related assets would be transferred to the local Housing Authority (or Department of Housing and Community Development, if there is no local Housing Authority). The entity that assumes the housing functions of former RDA will be able to use its inherent powers (not limited by the Dissolution Act's restrictions on Successor " Clean up legislation has been proposed, but not yet introduced, to reverse this provision so that existing Low and Moderate Income Housing Fund deposits would be transferred to the Sponsoring Community (as was the case in the predecessor bill to the Dissolution Act). 12 However, in what is believed to be inadvertent drafting, the Dissolution Act makes it less clear how the former RDA's housing assets, such as property, would be transferred. N ,0 202 990051\1\999994.4 Agencies) to fulfill housing obligations and will be able to exercise Redevelopment Law housing powers to fulfill such obligations. The Dissolution Act requires Successor Agencies to repay amounts previously borrowed from the Low and Moderate Income Housing Fund (i.e. to make SERAF payments in prior years), repayment of which had been deferred as of the effective date. These repaid funds would presumably be paid to the entity that assumes the housing functions of the former RDA. The Dissolution Act requires Oversight Boards to direct Successor Agencies to list amounts owed to the Low and Moderate Income Housing Fund on the Recognized Obligation Payment Schedule. VII. Role of Successor Agencies The Dissolution Act requires a Successor Agency to perform the following functions. A Successor Agency is required to make payments and perform other obligations due for Enforceable Obligations13 of the former RDA, which include: • Bonds; • Loans borrowed by the RDA (including amounts borrowed in past years from the Low and Moderate Income Housing Fund); • Payments required by federal or state government or for employee pension obligations; • Judgments or settlements; and "Any legally binding and enforceable agreement or contract14 that is not otherwise void as violating the debt limit or public. policy" (at Oversight Board direction, a Successor Agency may terminate existing agreements and pay required compensation or remediation for such termination). " With a minor exception that appears to be a drafting error, "Enforceable Obligations" are defined in the same way during the post -dissolution period described in this section as during the suspension period discussed in Section III above. 1° See Section IV above regarding the exception that most contracts between a former RDA and its Sponsoring Community will be void and will not constitute an Enforceable Obligation. "i> 203 990051\1\999994.4 To facilitate this payment of Enforceable Obligations, a Successor Agency is required to prepare a Recognized Obligation Payment Schedule for each six month period of each fiscal year, including identifying the funding source for all Enforceable Obligations of the former RDA. A Successor Agency is required to dispose of the former RDA's assets or properties expeditiously and in a manner aimed at maximizing value (proceeds to be distributed similar to normal property tax proceeds)." A Successor Agency is required to effectuate the transfer of housing functions of the former RDA to its Sponsoring Community (or applicable Housing Authority or the Department of Housing and Community Development). A Successor Agency is required to wind up all other affairs of the former RDA. A Successor Agency is required to prepare administrative budgets for Oversight Board approval and pay administrative costs. Subject to the approval of the Oversight Board, the Successor Agency's annual administrative costs will be an amount up to five percent of the property tax allocated to the Successor Agency for FY 2011-12 and up to three percent of the property tax allocated to the Successor Agency each succeeding fiscal year; provided, however, that the annual amount shall not be less than $250,000 for any fiscal year (or such lesser amount as agreed to by the Successor Agency). 15 The Oversight Board may direct the Successor Agency to transfer ownership of those assets that were constructed and used for a governmental purpose to the appropriate public jurisdiction pursuant to any existing agreements related to the construction or use of such asset. 12 204 99005 1 \1\999994.4 VIII. Oversight Boards An Oversight Board is generally intended to supervise the activities of the Successor Agency. The Oversight Board has a fiduciary responsibility to holders of Enforceable Obligations and the taxing entities that benefit from distributions of property tax and other revenues as described in Section X below. The Oversight Board of the Successor Agency will consist of 7 members appointed by/representing:16 17 • County Board of Supervisors (two members); • Mayor (one member); • County Superintendent of Education (one member); • Chancellor of California Community Colleges (one member); • Largest special district taxing entity (one member); and A former RDA employee appointed by Mayor/Board of Supervisors (one member). The Dissolution Act requires the Oversight Board to direct the Successor Agency to determine whether contracts, agreements or other arrangements between the former RDA and private parties should be terminated or renegotiated to reduce the Successor Agency's liabilities and to increase net revenues to the taxing entities. The actions of the Oversight Board of each Successor Agency will in turn be overseen by the Director of the Department of Finance and may be subject to disapproval or modification. Oversight Board actions will not be effective for three business days pending a request for review by the Department of Finance. If the department requests a review of a given Oversight Board action, the department shall have ten days from the date of its request to approve the Oversight Board action or return it to the " Different rules apply for the composition of the Oversight Board for the former RDA of a city and county (i.e., the, City and County of San Francisco). " Commencing July I, 2016, all of the Oversight Boards for the various former RDAs in a particular county will be consolidated into a single county -wide Oversight Board of specified composition. 205 13 990051\1\999994.4 Oversight Board for reconsideration. The Oversight Board has specified obligations with respect to maintaining a Website and providing specified notification to various state officials. IX. Role of County Auditor -Controller The Dissolution Act requires the County Auditor -Controller to: By March 1, 2012, conduct an audit of former RDA assets and liabilities, including pass -through payment obligations and the amount and terms of any RDA indebtedness, and provide the State Controller's Office with a copy of such audit by March 15, 2012; • Annually determine the amount of property tax increment that would have been allocated to the RDA and deposit that amount in a Redevelopment Property Tax Trust Fund (the "Trust Fund"); and Administer the Trust Fund for the benefit of holders of former RDA debt, taxing entities that receive pass -through payments and distributions of property taxes, as described in Section X below. Actions of the County Auditor -Controller will not be effective for three business days pending a request for review by the State Controller. If the department requests a review of a given County Auditor -Controller action, the department will have ten days from the date of its request to approve the County Auditor -Controller action or return it to the County Auditor -Controller for reconsideration. X. Payments from Trust Fund The Dissolution Act requires the County Auditor -Controller to allocate moneys in the Trust Fund established for each former RDA as follows: To pay pass -through payments to affected taxing entities in the amounts that would have been owed had the former RDA not been dissolved; e To the Successor Agency to enable the Successor Agency to pay Enforceable Obligations of the former RDA, including bonds; To the Successor Agency to pay for administrative costs under the administrative budget approved by the Oversight Board; and 14 206 99005 1 \1\999994.4 Any remaining balance in the Trust Fund, to school entities and other local taxing entities as property taxes. If a Successor Agency determines, and the County Auditor -Controller and the State Controller verify, that the Successor Agency will not have sufficient funds to pay all amounts above, then the deficiencies shall be deducted in the following order from the Trust Fund payments to: • School entities and local agencies (as normal property taxes); • Administrative costs of the Successor Agency; • Pass -through payments to school entities and local entities that have been subordinated to the payment of Enforceable Obligations; • Enforceable Obligations payable by the Successor Agency; and • Non -subordinated pass -through payments to school entities and local entities. The Dissolution Act allows statutory pass -through payments received by school districts, community college districts and offices of education between FY 2011- 2012 and FY 2015-2016 to be used for land acquisition, construction, reconstruction, remodeling, maintenance or deferred maintenance of educational facilities. 15 207 99005 h 1 \999994.4 XI. Miscellaneous The Dissolution Act clarifies that community development commissions may continue their housing authority and other local community development functions (other than redevelopment) unaffected by the Act. The Dissolution Act provides that a former RDA's obligations to its employees pursuant to a collective bargaining agreement become Enforceable Obligations of the Successor Agency. An employee's civil service status and classification remain the same for a minimum of two years. The Dissolution Act includes a provision lengthening the period to challenge RDA actions taken after January 1, 2011 from ninety days to two years. The Dissolution Act requires that any action contesting the validity of portions of the Dissolution Act or challenging acts taken pursuant to the Dissolution Act be brought in the Sacramento County Superior Court. If any legal challenge to invalidate a provision of the Dissolution Act is successful, a RDA shall be prohibited from issuing new bonds, notes, interim certificates, debentures or other obligations, whether funded, refunded, assumed or otherwise pursuant to the financing provisions of the CRL. The Dissolution Act appropriates $500,000 to the Department of Finance for allocation to the State Controller, State Treasurer and Director of Finance to undertake the duties listed above. If a RDA is dissolved pursuant to the Dissolution Act, the Sponsoring Community may not establish a new RDA until all debts of the dissolved RDA have been retired by the applicable Successor Agency, and the Sponsoring Community has enacted an ordinance agreeing to make the payments required under the Voluntary Program. 16 wool 1 990051\1\999994.4 PART C. ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM ACT I. "Alternative Voluntary Redevelopment Program" Opt -In To avoid being dissolved and to lift the suspension of new redevelopment activities and indebtedness under the Dissolution Act, a RDA and its Sponsoring Community may elect to continue operating under the current CRL if they make specified substantial payments ("Remittances") to their County Auditor -Controller beginning in FY 2011-2012 and in all succeeding years the RDA's redevelopment program continues to operate. To avoid dissolution, by November 1, 2011, the RDA's Sponsoring Community must enact an ordinance in which it agrees to comply with the Voluntary Program by making the Remittances and must notify the Department of Finance, the State Controller and the County Auditor -Controller of its agreement to comply with the Voluntary Program. If the Sponsoring Community does not enact such an ordinance before October 1, 2011, but intends to do so by November 1, it must, prior to October 1, indicate that intention by adopting a non -binding resolution of intent and notifying the Department of Finance, the State Controller and the County Auditor -Controller. Once a Sponsoring Community enacts the appropriate opt -in ordinance, its RDA will no longer be subject to the provisions of the Dissolution Act and may immediately recommence normal redevelopment activities under the CRL, such as entering into contracts, disposing of assets and incurring new indebtedness and obligations.18 II. Sources and Uses of Remittances The Remittances are technically required to be made by a RDA's Sponsoring Community on behalf of the RDA. Remittances may be made from any available funds of the Sponsoring Community, including funds made available by its RDA, as follows: e A RDA and its Sponsoring Community may enter into an agreement whereby the RDA transfers. a portion of its tax increment to the Sponsoring Community in an amount not -to -exceed the required annual 18 if the Sponsoring Community subsequently fails to make a required Remittance, its RDA will then become subject to the Dissolution Act again and will be dissolved (see Section VI. below). 209 17 990051\1\999994.4 Remittance for the purpose of financing activities within a redevelopment area that are related to accomplishing the RDA's project goals;19 For FY 2011-2012 only, a RDA will be exempt from making its full deposit into the Low and Moderate Income Housing Fund (and not required to repay unmade deposits 20), but only to the extent that it makes a finding that there are insufficient other monies to meets its debt and other obligations, current priority program needs or its obligations to reimburse the Sponsoring Community for that year's Remittance; • The Remittances payable by a Sponsoring Community and its RDA participating in the Voluntary Program are due in equal installments each fiscal year by January 15 and May 15; and By November 1 of each year commencing in 2012, a Sponsoring Community must notify the Department of Finance, the State Controller and the County Auditor -Controller of the Remittance amount for the applicable fiscal year. Those entities may audit and verify the Remittance amount, and if it is determined that a Sponsoring Community has miscalculated the Remittance amount, the next Remittance amount will be adjusted accordingly. County Auditor -Controller costs for overseeing this process are subject to reimbursement by the Sponsoring Community. Remittances received by the County Auditor -Controller from a participating RDA/Sponsoring Community are to be distributed as follows: o Through a special district allocation fund, a minor portion of FY 2011- 2012 Remittances (and thereafter 15% of annual Remittances) would be distributed to special districts that provide fire protection services to the participating RDA's project area(s) and transit districts that serve the participating RDA's project area(s); and 19 The Voluntary Program Act does not provide an exemption for amounts paid by a RDA towards Remittances against any dollar cap limitations on the participating RDA's receipt of tax increment. 20 See Part A.11 regarding the President Pro Tem of the Senate's intention to require RDAs to repay any Low and Moderate Income Housing Fund proceeds used to make payments under the Voluntary Program. 210 18 990051\1\999994.4 Through the Educational Revenue Augmentation Fund, the balance of all Remittances would be distributed to school entities21 that serve the participating RDA's project area(s). III. Calculation of FY 2011-2012 Remittances The Voluntary Program Act is designed to generate $1.7 Billion for FY 2011-2012 if every Sponsoring Community/RDA agrees to participate in the Voluntary Program. The formula for calculating each Sponsoring Community/RDA's FY 2011-2012 Remittance is similar, but not identical, to the formula used to calculate each RDA's share of the statewide $1.7 Billion Special Educational Revenue Augmentation Fund ("SERAF") obligations in FY 2009-2010. For FY 2011-20.12, the Voluntary Program Act formula works as follows: • First, each participating RDA's share of statewide net tax increment22 revenue for FY 2008-2009 is determined and multiplied by $1.7 Billion (the "Net Tax Increment Share"); Second, each participating RDA's share of statewide gross tax increment for FY 2008-2009 is determined and multiplied by $1.7 Billion (the "Gross Tax Increment Share"); and e Third, each participating RDA's Net Tax Increment Share and Gross Tax Increment Share are averaged to determine the Sponsoring Community/RDA's Remittance for FY 2011-2012. By August 1, 2011 the Department of Finance is directed to specify the required Remittance amount for FY 2011-2012 to each Sponsoring Community and the County Auditor -Controller. The Sponsoring Community may appeal the amount of the Remittance to the Director of Finance by August 15, 2011 on the basis that the information in the FY 2008-2009 State Controller's Annual Report was an error or the percentage of tax increment necessary to pay for tax allocation bonds 2' For FY 2011-2012, such Remittances would count against the State's Proposition 98 obligations (thereby providing State general fund relief), but for FY 2012-2013 and beyond, such Remittances would not count against the State's Proposition 98 obligations. 22 Net tax increment means the RDA's gross tax increment less various forms of pass -through payments and required debt service payments in FY 2008-2009 (the SERAF formula did not net -out debt service payments for this portion of the formula). 19 211 990051\1\999994.4 and interest payments have increased by 10 percent or more over the percentage calculated pursuant to the State Controller's FY 2008-2009 Annual Report. The Voluntary Program Act then provides for the Director of the Department of Finance to resolve such appeals by a specified date. IV. Calculation of FY 2012-2013 Remittances The Voluntary Program Act appears to be designed to generate $400 Million if every Sponsoring Community/RDA agreed to participate in the Voluntary Program. However, the FY 2012-2013 formula is complex and appears to be incorrectly drafted, thereby requiring a certain degree of good -faith interpretation. The formula may be intended to require an RDA to increase its Remittance to account for the State budget impact of having to backfill foregone school entity property taxes attributable to new non -housing RDA obligations or indebtedness incurred on or after November 1, 2011. For FY 2012-2013, each participating Sponsoring Community/RDA must make a Remittance equal to the sum of the following two amounts: • Amount 1 equals the Sponsoring Community/RDA's: (FY 2011-2012 Remittance amount) x (23.52%23) x (FY2012-2013 Adjusted Tax Increment) (FY2011-2012 Year Adjusted Tax Increment). For the purpose of calculating Amount 1, "Adjusted Tax Increment" for a given fiscal year means the RDA's total tax increment minus the amount of debt service or other payments for new non - housing fund payable debtor obligations incurred by the RDA on or after November 1, 2011. • Amount 2 equals: (Net School Share) x (New Debt Service) x (Percentage Factor) For the purposes of calculating Amount 2, "Net School Share" means the school entities' (defined as "school districts, community college districts, the educational revenue augmentation fund, and 23 This percentage reflects the ratio of $400 Million to $1.7 Billion. 20 12 990051\1\999994.4 county superintendents of schools") "share of the property tax increment revenues, less any pass -through payments to school entities, that would have been received by the school entities in the absence of redevelopment";24 "New Debt Service" means the debt service or other payments made by the RDA in FY 2012-2013 for new non -housing fund payable debt or obligations that are displayed on a RDA's statement of indebtedness for the first time after the statement of indebtedness filed on October 1, 2011;25 and "Percentage Factor" means 80%, or such lesser percentage as may be determined by subsequent legislation, it being the stated intent of the legislature under the Voluntary Program Act to enact legislation setting forth reduced percentages that will apply to bonds issued for the purpose of funding projects that advance the achievement of statewide goals with respect to transportation, housing, economic development and job creation, environmental protection and remediation and climate change, including, projects that are consistent with the Sustainable Communities Strategies developed pursuant to SB 375. These definitions also apply to Amount 2 for Remittances for FY 2013-2014 and beyond; see Section V below. V. Calculation of Remittances for FY 2013-2014 and Beyond For FY 2013-2014 and beyond, each participating Sponsoring Community/RDA must make a Remittance equal to the sum of the following two amounts (terms used below have the same meaning as defined in Section IV above): • Amount 1 equals the sponsoring community/RDA's: (Remittance amount for the previous fiscal year) x (Current Fiscal Year Adjusted Tax Increment) (Previous Fiscal Year Adjusted Tax Increment) • Amount 2 equals: (Net school share) x (New Debt Service) x (Percentage Factor) Z" This definition appears to combine concepts of percentage shares and absolute dollar amounts in a technically incompatible fashion, and would benefit from clarification through clean-up legislation. " This definition appears to be inconsistent with the operative provision regarding the Amount 2 payment in the preceding sentence of the Voluntary Program Act, which refers to "debt or obligations issued or incurred on or after November 2, 201 L" Clarification of this apparent inconsistency would be appropriate. 21 213 99005 N \999994.4 VI. Sanctions for Failure to Make Remittances If a Sponsoring Community/RDA fails to make a Remittance, the RDA will become subject to the Dissolution Act and will be dissolved. In addition, by participating in the Voluntary Program, the Sponsoring Community agrees that, upon failure to make a timely Remittance, any agreement between the Sponsoring Community and its RDA to receive RDA funds will be assigned to the State. As a result, upon a failure to make a timely Remittance, amounts that the Sponsoring Community might otherwise have received under an agreement with its RDA will then become payable to the State for purposes of mitigating the fiscal impact to the State related to the failure of a Sponsoring Community to make required Remittances. Any new debts incurred by the RDA or obligations entered into by the RDA on or after January 1 of the calendar year preceding the year the Sponsoring Community/RDA fails to make a Remittance would be subject to the same limitations and sanctions set forth in the Dissolution Act. VII. Miscellaneous If any legal challenge to invalidate a provision of the Voluntary Program Act is successful, a RDA shall be prohibited from issuing new bonds, notes, interim certificates, debentures or other obligations, whether funded, refunded, assumed or otherwise pursuant to the financing provisions of the Community Redevelopment Law. If a RDA is dissolved pursuant to the Dissolution Act, the Sponsoring Community may not establish a new RDA until all debts of the dissolved RDA have been retired by the applicable Successor Agency, and the Sponsoring Community has enacted an ordinance agreeing to make the Remittances required under the Voluntary Program. 22 214 99005 1 \1 \999994.4 PART D. KEY MILESTONES FOR IMPLEMENTATION OF REDEVELOPMENT RESTRUCTURING ACTS I. Milestones Related To Voluntary Program Act • By August 1, 2011: Department of Finance ("DOF") notifies Sponsoring Community of 2011-2012 Remittance amount. • By August 15, 2011: Sponsoring Community may appeal the amount of 2011-2012 Remittance to DOF director. • By September 15, 2011: DOF director notifies Sponsoring Community and County Auditor -Controller of the decision on the appeal, unless director extends deadline to October 15, 2011. • Before October 1, 2011: Sponsoring Community adopts a non -binding resolution of intent to opt -in to Voluntary Program if unable to adopt ordinance to that effect by October 1, 2011, and notifies DOF, State Controller and County Auditor -Controller of adoption of resolution. This action delays the dissolution of a RDA until November 1, 2011. • November 1, 2011: Sponsoring Community enacts ordinance to opt -in to Voluntary Program, and notifies DOF, State Controller and County Auditor - Controller of adoption of ordinance. (December 1, 2011 if DOF director has extended time for decision of appeal of Remittance amount.) Commencing January 15, 2012 and May 15, 2012 and every January 15 and May 15 thereafter, the Sponsoring Community shall pay one-half of the Remittance amount for the applicable year. County Auditor -Controller notifies the DOF director of any failure to make the payment within 30 days of due date. November 1, 2012 and each November 1 thereafter, Sponsoring Community notifies DOF, State Controller and County Auditor -Controller of Remittance amounts for each fiscal year. II. Milestones Related to Dissolution Act Upon effectiveness of the Dissolution Act: State Controller commences review of RDA asset transfers after January 1, 2011. 23 215 990051\1\999994.4 • Upon effectiveness of the Dissolution Act: Redevelopment activities suspended except for limited specified activities. • No specified date: State Controller may order the assets improperly transferred by a RDA to its Sponsoring Community after January 1 to be returned to the RDA (or to its Successor Agency). e No specified date: RDA informs DOF of a designated contact person and related contact information for the purpose of communicating with the DOF. • In August 2011: Sponsoring Community decides whether to serve as a Successor Agency by resolution. • Within 60 days after effectiveness of the Dissolution Act: Agency adopts at public meeting an Enforceable Obligation Payment Schedule for obligations through December 1, 2011. Posts schedule on website and delivers it to DOF, State Controller and County Auditor -Controller. • September 1, 2011: Sponsoring Community that elects not to serve as a Successor Agency files a copy of resolution to that effect with the County Auditor -Controller. • No later than September 30, 2011: RDA prepares a preliminary draft of the initial Recognized Obligation Payment Schedule and provides it to the Successor Agency. • September 30, 2011: The existing terms of any memorandum of understanding with an employee organization expires, unless a new agreement is reached with a recognized employee organization prior to that date. • No specified date but prior to October 1, 2011: Sponsoring Community decides whether to serve as successor housing entity by resolution. • October 1, 2011: RDA is dissolved if its Sponsoring Community has not enacted an ordinance opting in to Voluntary Program. (November 1, 2011 if Sponsoring Community adopted non -binding resolution of intent before October 1, 2011.) • October 1, 2011: Successor Agency created. 216 24 99005 1 \1 \999994.4 • October 1, 2011: RDA agreements with Sponsoring Community void (with limited exceptions). October 1, 2011: All dissolved RDA assets (including properties, contracts, leases, books and records, buildings and equipment), except housing assets, transferred to Successor Agency. RDA delivers Enforceable Obligation Payment Schedule to Successor Agency. Transfer of RDA housing assets (excluding existing Housing Fund balances) to successor housing entity. • On and after October 1, 2011: Successor Agencies permitted to make payments only as listed on Enforceable Obligation Payment Schedule. • From October 1, 2011 to July 1, 2012: Successor Agency prohibited from accelerating payments or making any lump sum payments that are intended to prepay loans unless such accelerated repayments were required prior to October 1, 2011. • By November 1, 2011: Successor Agency prepares initial draft of Recognized Obligation Payment Schedule for the Enforceable Obligations of the former RDA, subject to review and certification by external auditor as to accuracy. • No later than December 1, 2011 and May 1, 2012, and each December 1 and May 1 thereafter: Successor Agency reports to the County Auditor -State Controller if the total amount available to the Successor Agency is insufficient to fund the specified payments in the next six-month fiscal period. County Auditor -Controller notifies State Controller and DOF no later than 10 days from the date of that notification from the Successor Agency. • December 15, 2011: Successor Agency submits first Recognized Obligation Payment Schedule to State Controller and DOF for the period of January 1, 2012 to June 30, 2012. Successor Agency prepares new Recognized Obligation Payment Schedule for each six month period thereafter for approval by Oversight Board. Approved Recognized Obligation Payment Schedules are posted on Successor Agency website and submitted to DOF, . Controller and County Auditor -Controller. • Commencing on January 1, 2012: Successor Agency may pay only those payments listed in the approved Recognized Obligation Payment Schedule. Statements of Indebtedness are no longer recognized for dissolved RDAs. • 217 25 990051\1\999994.4 • By January 1, 2012: Oversight Board elects and reports name of chairperson and other members to DOF. • No specified date but after formation of Oversight Board: Each Oversight Board informs DOF of a designated contact person and related contact information for the purpose of communicating with DOF. • January 15, 2012: Governor appoints persons to unfilled positions on Oversight Board (or any member position that remains vacant for more than 60 days). • No later than January 16, 2012 and June 1, 2012, and each January 16 and June 1 thereafter: County Auditor -Controller transfers from the Redevelopment Property Tax Trust Fund of each Successor Agency into the Redevelopment Obligation Retirement Fund of that Successor Agency, an amount of property tax revenues equal to that specified in the Recognized Obligation Payment Schedule. Successor Agency makes payments on listed Recognized Obligation Payment Schedule from those funds. • By March 1, 2012: County Auditor -Controller completes audit of each dissolved RDA. e By March 15, 2012: County Auditor -Controller provides the State Controller copy of all audits performed on dissolved RDAs. • By October 1, 2012: County Auditor -Controller reports specified financial information to the Controller and DOF. • January 1, 2013: California Law Revision Commission drafts a Community Redevelopment Law cleanup bill for consideration by the Legislature. • July 1, 2016: Consolidation of all Oversight Boards into one county -wide Oversight board in each county where more than one Oversight Board was created. • After July 15, 2016: Governor appoints persons to unfilled positions on county -wide Oversight Board (or any member position that remains vacant for more than 60 days). 26 218 99005 1 \1 \999994.4 Department Report: IA Qum& i �N OF T TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Managerl� L ( DATE: July 19, 2011 SUBJECT: Department Report - Response to Public Comment The following public comment was made at the July 5, 2011 City Council meeting: 1. Jack Shannazarian, 45155 Sunberry Court, Boy Scout Troop 377 - Bermuda Dunes, explained he is working on an Eagle Scout project to provide 150 school supply kits for students at Las Palmitas Elementary School in Thermal. He requested the City's support and donations. Mayor Adolph and Council Member Henderson stated they would give the information he provided to the organizations they are involved with for their support. Council Member Evans stated JFK Hospital would be able to provide 150 plastic bags for the kits. Council Member Franklin suggested he contact La Quinta Senior Center staff for additional assistance. ?I9 Department Report: 113 04 to Fib �FM oe t9 TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese - City Manager DATE: July 19, 2011 SUBJECT: Update on Green and Sustainable La Quinta Program This report provides a quarterly update to La Quinta "green" activities for the period April 2011 through June 2011. City-wide Green Publicity, Projects, Outreach and Activities The City of La Quinta served as a citrus collection site for Hidden Harvest's expanded citrus recovery program. Hidden Harvest collects excess citrus to donate to agencies that feed the hungry. The City's collection site for Hidden Harvest's citrus recovery program collected 28,800 pounds for 2011. Rancho La Quinta also donates citrus to Hidden Harvest and donated 77,800 pounds of citrus! The Hidden Harvest citrus .recovery program has been a success and the City will continue to be a citrus collections site in the future. The citrus recovery program runs from January through April. Energy Efficiency and Conservation Block Grant The City was allocated $180,700 in Energy Efficiency and Conservation Block Grant (EECBG) funding focusing on energy efficiency retrofit measures for municipal buildings, including City Hall, the Library, and Senior Center. City staff is planning additional energy efficiency retrofits in this Fiscal Year 201 1 /2012 using EECBG funding. To date the City has spent $49,467.14. 220 Updates of Utility Programs Partnership with Coachella Valley Water District (CVWD) The City and the CVWD established a Water Waste Helpline (1-888-398-5008) which is intended to allow individuals to report violations contributing to water waste. City and CVWD personnel have been trained to ensure calls are responded to in an efficient manner. The phone number for the helpline is also available on the City's after-hours phone directory. As calls are received at CVWD, CVWD staff members are dispatched to the location for follow-up. For after-hours calls and on weekends, calls are responded to the following day or Monday. From April 2011 through June 2011, there were five calls related to broken spray heads, broken sprinklers, leaking valves, and broken bubblers. The City Municipal Code currently has a provision which prohibits allowing water, including irrigation water, from flowing onto a right of way (street). This provision, when combined with the CVWD/City Water Waste Helpline Program, helps to reduce water waste. The City and CVWD Cooperative Landscape Water Management Program continues to provide La Quinta residents with incentives to replace their turf with drought tolerant landscape. From April 2011 through June 2011, two homes and one homeowners association (HOA) completed turf conversions. From April 2011 through June 2011, 22 Weather Based Irrigation Controllers (WBIC) were installed in La Quinta homes. Funding for the City/CVWD Weather Based Irrigation Clock Rebate Program ("Smart Controllers") is available for Fiscal Year 201 1 /2012 thus allowing the program to continue to be a successful program by producing substantial water savings for La Quinta residents. In addition, CVWD provided interactive, educational games at the La Quinta Day of the Child event on April 16`h; an informational booth at the La Quinta Community Picnic on April 301h; an information display at the La Quinta Home depot vendor fair on May 14`h; and classroom presentations at Adams Elementary and Ben franklin Elementary Schools. Partnership with Imperial Irrigation District (IID) III) Home Energy Audits continue to be a great way to assist La Quinta residents to save on home energy costs providing no -cost and low-cost energy efficiency recommendations to homeowners. From April 2011 through June 2011, there were 32 audits conducted and 64 Compact Fluorescent Light (CFL) bulbs were provided resulting in 2,080 kWh potential annual energy savings. If the homeowners were to implement the recommended energy retrofits, an additional 221 12,736 in kWh potential annual energy savings could be realized. In addition, IID offers an Energy Star Rebate program. From April 2011 through June 2011, 83 rebates totaling $24,254 have been issued to La Quinta residents resulting in 50,289 kWh potential annual energy savings. IID will be implementing a Small Business Direct Install Pilot Program (DI Program) in La Quinta. IID and City staff will be meeting to discuss program implementation and program goals and objectives. The DI targets small businesses with a monthly energy demand of 100 kW or less, per customer; the operational costs reduction, local job and small business retention, energy efficiency program awareness and public perception improvements are some of the expected benefits. Program objectives include: • Recognize and address the conservation needs of a small business customer • Improve competitiveness of small business customers through reduced energy related costs • Increase customer awareness of energy efficient business practices to include improvements in operations and maintenance methods The direct installation of the selected energy efficient measures (EEMs) will meet IID's energy efficiency and demand reduction requirements. The program will promote IID as a service provider and possibly serve as a link to other available energy efficient programs. The IID will collaborate with the selected Contractor regarding potential candidates and anticipates coordination with other public agencies during the term of this program. The Energy Efficiency Measures shall include: • Lighting - fluorescent lighting, occupancy sensors, lighting timers, LED signs (Open, Exit) • Refrigeration - occupancy sensors for vending machines, door closures, door gaskets, strip curtains, and LED lighting for reach in coolers • Other - window film, appliance timers, programmable thermostats and other cost-effective measures specific to the business operations Partnership with Southern California Gas Company (Gas Company) The City and Gas Company continue to meet to discuss new ideas for program outreach. Gas Company staff has simplified and emphasized the programs and incentives available to La Quinta residents by providing useful links. This information may be found on the City's "Green" webpage. Please visit http://www.la-quinta.org/index.aspx?page= 638 for additional information. From April 2011 to June 2011, 40 rebates totaling $2,247 were paid to La Quinta residents for storage water heaters, energy star dishwashers, energy star clothes 222 washers, high efficiency commercial fryers, and central gas furnaces through the Energy Efficiency Rebate Program. In addition, 1,341 Therms (a unit of measure for natural gas) were saved. That's equivalent to 7.3 metric tons of CO2; and greenhouse gas emissions saved equivalent of removing 1.5 cars from the road and natural gas savings equivalent of using natural gas for 2.6 homes. Waste and Recycling Staff continues to meet and work with Burrtec Waste and Recycling (Burrtec) and Hilton, Farnkopf & Hobson (HF&H) Consulting with regard to waste and recycling management services. Burrtec and HF&H have been cooperative and valuable partners in providing City staff with waste management data and providing quality customer service. The Sharp's Program allows La Quinta residents to properly dispose of used needles and syringes thereby protecting themselves, their families and the community. The program is completely confidential and is FREE to La Quinta residents. From April 2011 to June 2011, 40 "sharps" containers were received from La Quinta residents for proper disposal. On Saturday, April 9, 2011, a Used Oil/Filter Exchange Event was held at the City of La Quinta AutoZone. During this event, La Quinta participants recycled 60% more used oil filters than in the previous year (79 last year to 126 this year). The filters recycled during the year at the La Quinta AutoZone store increased by 133% which was the largest increases by any city in the Coachella Valley! On Saturday, April 16, 2011 from 7:00 a.m. to 11:00 a.m., the City, in partnership with Burrtec Waste & Recycling Services and Best Buy, held a FREE Document Shred Day to the residents and businesses of La Quinta. Participants were limited to three file boxes per vehicle and over 85 vehicles filled a truck with over 2.6 tons of material, resulting in over 30 pounds per vehicle. The next shred day event will be held in October 2011. On Saturday, May 14, 2011 at the City Hall parking lot, Riverside County Waste Management and City of La Quinta held a FREE household hazardous waste (HHW) collection event. There were 241 participants and over 9,800 pounds of household hazardous waste (HHW) including, paint, fluorescent tubes, oil filters, batteries, and e-waste. Participation continues to be steady thus decreasing the amount of HHW that is currently mixed in with other solid waste streams. City residents are able to dispose of household hazardous waste at Riverside County's Household Hazardous Waste Collection Facility at 1100 Vella Road, Palm Springs (Saturdays only from 9:00 a.m. to 2:00 p.m.). The Coachella Valley Transfer Station located at 87-011 Landfill Road (near Coachella) accepts Anti- 223 freeze, Batteries, Oil, and Paint (ABOP) on Mondays through Fridays from 8:00 a.m. to 5:00 p.m. and Saturdays from 8:00 a.m. to noon. The Burrtec Waste and Recycling facility, at 41-800 Corporate Way in Palm Desert, is open to La Quinta residents for free disposal of batteries, fluorescent bulbs and tubes, all electronics, oil and oil filters Monday through Friday from 9:00 a.m. to 4:00 p.m. and Saturdays from 8:00 a.m. to noon. La Quinta residents may also dispose of green waste (up to 500 pounds per trip) on Monday through Friday from 9:00 a.m. to 3:00 p.m. (Saturdays 8:00 a.m. to noon). Conclusion The City has been very pro -active in developing programs, training staff and reaching out to La Quinta residents to ensure reduction in water and energy consumption and greenhouse gas emissions. Please visit the City's "Green" webpage http://www.la-guinta.org/Index.aspx?page=574 to obtain additional information on what the City is doing to "go green". Staff will continue to make significant efforts to meet the City Council's expectations to protect the environment and maintain a "Green and Sustainable La Quinta." 224 JULY 19 AUGUST 2 AUGUST 16 SEPTEMBER 5 SEPTEMBER 6 SEPTEMBER 20 OCTOBER 4 OCTOBER 17 DEPARTMENT REPORT: 3A CITY COUNCIL'S UPCOMING EVENTS CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL - DARK CITY HALL CLOSED - LABOR DAY CITY COUNCIL- DARK CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING 2 2-5 July 2011 Monthly Planner 2 1 3 4 5 6 7 8 9 10:00 AM Trani 3:00 PM City Council Meeting ID:OOAM-ALRC Grand Opening Wellness Center Henderson Independence Day CITY HALL CLOSED 10 11 12 13 14 15 16 10:00 AM Pub. Shy 7:00 PM Planning 9:00 AM RCTC 9:30 AM Animal Campne- ranklin11:00 9:00 AM CVA-Evans Henderson Commission Henderson AM CVCC Stilt 3:00 PM Mms. 4:00 PM Investment 12:00 PM Energyl Consversancy Franklin Advisory Board Envimn: Sniff 5:30 PM Community Services Commission 6:00 PM League Henderson 17 18 19 20 21 22 23 1000 AM TransP- Henderson 3'.00 PM City Council Meeting i 000 AM Homelessness Cmte: Franklin 3:00PMHistoric Preset - 12:00 Pln HCRCFranklin vation Commission 2:00 PM Cochran Regional Airport - Franklin 24 25 26 27 28 29 30 10:30 AM RCTC Budget 7:00 PM Planning Commis 12:00 PM Sunline Adolph 9:00 AM LAFCO- Henderson lion Cancelled Henderson 6:00 PM Exec Came. Adolph 31 June Auonst S M T W T F S S M T W T F S 1 2 3 4 1 2 3 4 5 6 5 6 7 8 9 10 11 7 S 9 10 11 12 13 12 13 14 15 16 17 18 14 15 16 17 18 19 20 19 20 21 22 23 24 25 21 22 23 24 25 26 27 26 27 28 29 30 28 29 30 31 Printed by Calendar Creator Plus on 7/11/2011 1226 August 2011 Monthly Planner .- .. 1 2 3 4 5 6 10:00 AM Transp 3'. 00 PM City Cooncil Meeling W00 AM -ALRC 12: 00 PM Mayor s Lunch Henderson 6'.00 PM no Energy Corte -Franklin 7 8 9 10 11 12 13 10:00 AM Pub. Sty 7:00 PM Planning 9:00 AM RCTC. 11,00 AM wcC-Snip Henderson Commission Henderson 12:00 PM Energyl 530 PM Community Services Commission 4:00 PM Investment Environ Sniff 6:00 PM League Advisor y Board Henderson 14 15 16 17 18 19 20 3:00 PM City Council Meeting - CANCELLED 10'.00 AM Homelessness Cmle:Franklin 3.00 PM Historic Preset. 0:00 AM CVA Evans Ph1 HICK Franklin yalielt Commission12:00 2:00 PM J.Cochran Reg Airport -Franklin 21 22 23 24 25 26 27 10:30 AM RCTC Budget 7:00 PM Planning Commis 12:00 PM Sunline Adolph 9:00 AM LAFCi Henderson Sion Cancelled Henderson 28 29 30 31 10 00 AM Transp: Henderson July September S M T W T F S S M T W T F S 1 2 1 2 3 3 4 5 6 7 8 9 4 5 6 7 8 9 10 10 II 12 13 14 15 I6 II 12 I} 14 IS IG 17 17 I8 19 20 21 22 29 23 _ IS 19 20 21 22 23 24 24 25 26 27 23 30 31 i 25 26 27 28 29 30 Printed by Calendar Creator Plus on 7/11/2011 227 September 2011 Monthly Planner 1 2 3 August October S M T W T F S S M T W T F S 1 2 3 4 5 6 1 7 8 9 10 11 12 13 2 3 4 5 6 7 8 14 15 16 17 18 19 20 9 10 It 12 13 14 15 16 17 18 19 20 21 22 21 22 23 24 25 26 27 23 24 25 26 27 28 29 28 29 30 31 30 31 4 5 6 7 8 9 10 10:00 AM Transp CITY COUNCIL MEETING CANCELLED 10'.00AM-ALRC 930AMAnimalCanlpus- Franklin Henderson 11:00 AM CVCC-Sndf 12:00 PM Ear l Envirm. Sniff Labor Day (CITY HALL CLOSED) 11 12 13 14 15 16 17 10:00 AM Pub. Sfty 7:00 PM Planning 9:00 AM RCTC 3:00 PM Historic Preser 9:00 AM CVA-Evans Henderson Commission Henderson valion Commission 3:00 PM Mtns. 4:00 PM Investment Comsversancy Franklin Advisory Board 5.30 PM Community services Commission 6:00 PM League - Henderson 18 19 20 21 22 23 24 3. 00 PM City Council Meeting 10'.00 AM Homelessness Cmle.Franklin 9:00 AM LAFCO 12:00 PM HCRC-Franklin Henderson 25 26 27 28 29 30 10:30 AM RCTC Budget 7:00 PM Planning Commis 12:00 PM Sunline Adolph Henderson lion Cancelled 6:00 PM Exec Crude. Adolph Printed by Calendar Creator Plus on 7/11/2011 228 DEPARTMENT REPORT: 4 T,vf 4 a-&IRQ" TO: The Honorable Mayor and Members of the gity Council FROM: Greg Butler, Director of Building & Safety DATE: July 19, 2011 RE: Department Report — June, 2011 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of June. The statistical summaries depict the following highlights: • Year-to-date building permit valuation is $20,752,797 which represents an issuance of 141 building permits in June; • Animal Control handled 444 cases in June; • Code Compliance initiated 201 cases in June; • Garage sale permits generated $1600 revenue in June. 229 w .+ T4 N O n N In I N a N o i n C O 74 ••I N N j 10 Of ro N 10 M N a Q O1 i 01 ( In It N I Ln M P N a M M rl I% O IO w M w •0 w aN. rl 1 N M a IO Ifl j M N M a( N > o o i i ja in of ' li m rl w a o .•i i ro n q o O N 01 O M M i 01 M O I N 0( m C id~i U.r1 N toa N C.N n._ n 1+f... O.. 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LL W y J =fnU JgyO z 3 > m 00x gIRI m' 233 DEPARTMENT REPORT: S cF'y OF TO: Honorable Mayor and Members of the City Council FROM: Edie Hylton, Community Services Director DATE: July 19, 2011 SUBJECT: Community Services Department Report for June 2011 Upcoming events of the Community Services Department for August 201 1: Aquatics Adult Lap Swim, Pool Swim Meets, Pool Free Swim Night, Pool Open/Recreational Swim, Pool Morning/Evening Swim Lessons, Pool Computers Intro to MS Outlook, Senior Center Use a Digital Camera, Senior Center Excursions Fun in Huntington Beach Exercise & Fitness *Morning Workout *Mat Pilates *Core Stability Ball W.E.L.L. Morning Walks, Civic Center Campus Tai Chi Chuan/Qi Gong, Fitness Center Yoga AM, Library Yoga PM, Museum Jazzercise, Senior Center Zumba, Senior Center Free Programs *Quitters *Woodcarvers Leisure Enrichment Hawaiian Culture & Hula (9-13 yrs; 14 & up), Senior Center Martial Arts Karate/ Taekwondo, Senior Center Special Events *Annual Back to School Luncheon Moonlight Movies, Old -Town 234 Special Interest *Mature Driver Sports Summer Golf Tour Desert Willow, Fire Cliff Course Marriott's Shadow Ridge Eagle Falls Golf Course Classic Club at Palm Desert Tour Banquet, Bellatrix Restaurant at Classic Club *Senior Center class or activity 235 Program Community Services Department Attendance Report for the Month of June 2011 Summary Sheet 2011 2010 Variance Sessions Per Month 2011 2010 Leisure Classes 179 91 88 86 77 Special Events 412 387 25 3 . 5 Sports 681 447 234 23 24 Fitness Center 461 668 -207 26 26 Senior Center 767 941 -174 73 86 Total 2,500 2,534 -34 211 218 Senior Services Senior Center 264 306 -42 10 16 Total 264 306 -42 10 16 Sports User Groups La Quinta Park Use AYSO 100 200 -100 13 13 LQ Sports & Youth 1001 0 100 21 0 C.V. Revolution 25 0 25 3 0 Sports Complex LQ Sports & Youth 200 300 -100 18 26 LQ Insanity 25 0 25 14 0 Facility/Park Rentals Senior Center Private Part 0 0 0 0 0 (Sunday Church 300 750 -450 4 8 Museum Meeting Room 0 0 0 0 0 Library Classroom 350 150 200 7 3 Civic Center Campus Private Part 0 50 -50 0 1 Park Rentals La Quinta Park 200 200 0 4 4 Fritz Burns Park 50 50 0 1 1 Total 1,350 1,700 -350 85 56 Total Pro rams 4,114 4,640 -426 3061 290 Vnluntaar Hours Senior Center 1 2701 2031 67 Total Volunteer Ho 031 67 236 Community Services Program Report for June 2011 2011 . 2010 2011 2010 Participants Participants Variance Meetings Meetings Leisure Classes Acrylic Painting 10 2 8 3 4 Dance And Cheer 8 0 8 4 0 Microsoft Excel 10 0 10 4 0 Computers - Inter. 6 0 6 5 0 MS Outlook 6 0 6 1 0 Tai Chi Chuan 4 6 -2 91 5 Zumba 10 23 -13 9 9 Yoga - Morning 8 7 1 4 4 Yoga - Evening 10 0 10 4 0 Ballet/ Tap 4- 6 5 0 5 1 0 Karate/ Taekwondo 4- 8 23 0 23 9 0 Karate/ Taekwondo 8 -11 36 0 36 9 0 Karate/ Taekwondo 11 & up 151 01 15 9 0 Self Defense 10 01 10 1 0 Jazzercise 12 11 0 7 13 BodySculpting/ Core Workout 6 6 0 7 9 Totals 179 561 1231 861 44 2011 2010 2011 2010 Participants Participants Variance Meetings Meetings Special Events Moonlight Movie @ Old Town 300 235 65 1 1 Dodgers Game Excursion 56 0 56 1 0 My Fair Lady Excursion 56 0 56 1 0 Totals 412 235 177 3 1 2044 gnin 2011 2010 Participants I Participants Variance Meetings Meetings Sports & Fitness Fitness Center 4611 668 -207 26 26 open Gym Basketball 400 348 52 13 19 Open Gym Volleyball 80 69 11 5 4 W.E.L.L. Walking Club 8 0 8 1 0 Golf Tour, Golf Club at La Quinta 45 41 4 1 1 Golf Tour, Rancho Mirage C.C. 48 0 481 0 Golf Tour, Escena Golf Club 49 40 9 1 1 Golf Tour, Shadow Hills Golf Club 51 39 12 1 1 Totals 1142 1205 •63 49 52 Communit Services Totals 61 2371 1381 97 237 Monthly Revenue Report for June 2011 Monthly Ravan„a _ Fneility Rantals 2011 2010 Variance Libra $ $ $ Museum $ $ $ Senior Center $ 900.00 $ 2,437.50 $ 1,537.50 Parks $ 210.00 $ 200.00 $ 10.00 Sports Fields $ 395.00 $ 480.00 $ 85.00 Monthly Facility Revenue $ 1,505.00 $ 3,117.50 $ 1,612.50 Monthly Revenue Senior Center $ 2,131.00 $ 2,204.50 1 $ 73.50 CommunityServices $ 6,769.00 $ 2,966.00 $ 3,803.00 La Quinta Resident Cards $ 4,060.00 $ 7,080.00 $ 3,020.00 Fitness Cards $ 2,305.00 $ 825.00 $ 1,480.00 Total Revenue $ 15,265.00 $ 13,075.50 $ 2,189.50 Da..an„a Vaar rn nnta Facility Revenue $ 50,968.50 $ 63,493.00 $ 12,524.50 Senior Center ** $ 53,521.50 $ 73,830.00 $ 20,308.50 CommunityServices $ 64,595.00 $ 51,138.50 $ 13,456.50 La Quinta Resident Cards $ 88,815.00 $ 42,450.00 $ 46,365.00 Fitness Cards $ 9,325.00 $ 7,570.00 $ 1,755.00 Total Revenue to Date $ 267,225.00 $ 238,481.50 $ 28,743.50 ' Decrease in Senior Center facility revenue due to late payment by church user group. **In 2010, the City received a $10,000 donation from David Orme's Trust which was used to update the Senior Center computer lab. 7.3a Senior Center Attendance Senior Center Program Report for June 2011 Part ici ation Partici at!on Variance Meet n s eat en s 201 2 10 2011 2010 Senior Activities ACBL 2 99ers' 124 196 -72 4 5 Bridge, Social/Pa 209 358 -149 16 15 Monthly Birthday Party 50 45 5 1 1 Monthly Luncheon Hawaiian Luau 88 97 -9 1 1 Movie Time 63 56 71 5 4 Puttinq Action 18 22 -4 4 5 Senior Activity Total 552 774 -222 31 31 Senior Leisure Classes Acrylic Landscape Painting 7 0 7 1 0 Exercise 40 31 9 12 13 Mat Pilates 15 7 8 4 5 Quilters 49 29 20 5 4 Sketch/Draw 12 8 4 3 4 Ukulele Players 70 46 24 8 6 Watercolor 7 10 -3 3 2 Yoga for Health 9 4 5 4 4 Yoga for Seniors 6 0 6 2 0 Senior Leisure Classes Total 215 135 80 42 38 TOTAL SENIOR PROGRAMS 767 909 -142 73 69 Senior Services Cool Center 54 22 32 13 9 FIND 159 241 -82 4 4 HICAP 6 4 2 2 2 Le al Consultation 7 5 2 1 1 LIHEAP 9 11 -2 1 2 'Notary/Financial Consults 2 0 0 2 0 Volunteers 27 27 0 n/a n/a TOTAL SENIOR SERVICES 264 310 -80 10 9 SENIOR CENTER TOTAL 10311 1219 -222 $31 78 New ACBL Bridge group - This group is smaller than the original ACBL group. 239 Parks Activities Updates For June 2011 The slide at Velasco Park has been replaced. The new slide is blue and is more durable and resistant to graffiti and vandalism. Two playground spin cups that are located at La Quinta Park Playground and the Fritz Burns Park Playground were vandalized. These two features are being replaced by the manufacturer at no cost to the City. A couple of concrete panels and curb sections around the playground were replaced at Monticello Park. Some of the mature mesquite trees had started lifting a couple of the sidewalk panels. Instead of removing the trees, it was determined to replace small sections of concrete. Monticello Park does not have any shade structures and the mature trees provide needed shade for the enjoyment of the facility. Monticello Park is located on Monticello and Fred Waring Drive, one block west of Jefferson Street. The interactive water feature at La Quinta Park now operates from 9 a.m. to 9 p.m. The operation was extended from 7 p.m. because of the longer daylight hours and higher temperatures. The water feature is very popular and is used continuously throughout the day. Additional safety surfacing material was added to the playground areas at Monticello Park, La Quinta Park, and Desert Pride Park. Each month, staff monitors the amount of material that is in the playgrounds. Every couple of years, it is necessary to order additional safety material to insure the safety surface remains above the minimum levels. The City has changed suppliers for dog bags and dog bag dispensers. Due to the increased popularity of dog companionship and usage at the three City dog parks, costs for the dog bags have increased substantially over the past two years. ?- 4 DEPARTMENT REPORT: a 04��a�w Fy OF T TO: Honorable Mayor and Members of the City Council FROM: Edie Hylton, Community Services Directo DATE: July 19, 2011 SUBJECT: Update on the.City's 30" Anniversary Celebration Events Staff is beginning the preliminary efforts to plan and promote the 30" Anniversary events to be held in 2012. For the 25`" Anniversary, the Celebration Committee established by City Council was responsible for planning the City-wide activities and events. This year, staff is coordinating efforts among the following organizations to promote and celebrate the 30`" Anniversary. Special Events will be developed by the following: • La Quinta Historical Society • La Quinta Chamber of Commerce • La Quinta Arts Foundation • Desert Cities Charities . • La Quinta Library and Museum • Community Services Commission and staff The Community Services and City Marketing staff will be coordinating periodic communication meetings to share information and to obtain details from each of the groups regarding their event plans. To date, the events included in the 301" Anniversary promotion include: Blues and Brews • Art Under the Umbrellas • Adult and Youth Nature Hikes • Evenings with Friends of the Library • Humana Challenge Golf Tournament • Desert Classic Concours d'Elegance • La Quinta Hot Rod & Custom Car Show • La Quinta Arts Festival • A Taste of La Quinta 241 • California Pioneers Exhibit and Lectures • Historic Tours of La Quinta • Talent Showcase at the La Quinta Senior Center • Community Picnic and Birthday Party • SilverRock Resident Golf Tournament As part of the City's marketing agreement, Furino/Greene Creative will promote the events that are being planned. No additional marketing dollars will be expended aside from those approved by City Council as part of the City's Fiscal Year 2011/2012 budget. Attachment 1 is a preliminary marketing plan for the 30'h Anniversary the City Council's review. A special graphic has been designed that integrates a 30`h Anniversary icon into the City's existing marketing logo. The marketing materials will have the graphic integrated for the events that are planned. Attachment: 1. Preliminary Marketing Plan 242 ATTACHMENT 1 Promoting 30`" Anniversary via City Marketing Plan: 1 . Palm Spring Life Advertorial (October 2011) - Acknowledge upcoming year as 30'h Anniversary for City of La Quinta (promote any activities confirmed to date) 2. 2012 City Calendar - 30" Anniversary theme weaved into calendar; to be completed and mailed November 2011 3. Community Services Activities Guides - Feature 30' Anniversary logo and planned events in August 2011 and February 2012 issues 4. Local Advertising Campaign - Promote 30" Anniversary events as part of City's local advertising purchases in The Desert Sun, La Quinta Sun, Desert Entertainer, and local radio (December 2011-April 2012) 5. New City TV Spots - Use 301" Anniversary logo on new City 30-second TV spots; produce by November 2011 6. The Gem - Chamber monthly publication, "City Scene" pages; December 2011-April 2012 (calendar of 30' Anniversary events) 7. City Newsletters - Winter 2011/2012 issue to feature full calendar of 30' Anniversary events; Spring 2012 to feature City's 30th Birthday Party & Picnic 8. City Websites - Promote 30`" Anniversary events on City's government . website/Community Services page (click on 301" Anniversary logo for listing of activities); promote 30`" Anniversary events on City's tourism website (www.PlayinLaQuinta.com) 243 Page 1 of 3 6/24/11 9. Facebook Posts - Use "La Quinta, California" Facebook page to create excitement, and post information about 30`h Anniversary events (December 2011- April 2012) 10. City App - List 30' Anniversary events on City's iPhone app, which also runs on the iPad and iPod Touch 11. Press Releases - Various press releases will be issued regarding 30`h Anniversary festivities; first release to be issued in December 2011 or January 2012 12. E-mail Blasts - Issue monthly Community Services and La Quinta Museum e- mail blasts beginning in January 2012; encourage partners to promote the events in their monthly e-mail blasts 13. La Quinta Museum - Send monthly e-mail blasts promoting the California Pioneers Exhibit and La Quinta Pioneers; La Quinta Historical Society will promote the Historic Walking Tours and programs through their newsletter to members 14. SilverRock Resort - Promote the Resident Golf Tournament to be held in late April 2012; this would be promoted at the golf course and through e-mail blasts to resident cardholders Promoting 30t" Anniversary via Partnerships & Major Events: 1. 30" Anniversary Logo - Graphic under design (same gem logo incorporating "30" Anniversary"); provide key partners and major event organizers 30" Anniversary logo for use during late-2011 and 2012 (e.g., Historical Society, Arts Foundation, Chamber, Humana Challenge Golf Tournament, Concours d'Elegance, County of Riverside, CVA) 2. La Quinta Historical Society - Activities and tours will be planned in collaboration with the La Quinta Museum; they will be promoted in the La Quinta Historical Society newsletter, La Quinta Museum e-mail blast, The Gem, and press releases 3. La Quinta Arts Foundation - Promote 301h Anniversary via Arts Foundation efforts and activities such as website, e-mail blasts, Blues & Brews, Art Under the Umbrellas, and La Quinta Arts Festival • Festival Program Ad - Acknowledge 301h Anniversary in Mayor's welcome letter and full -page, color ad in La Quinta Arts Festival program guide for 2012 (part of City sponsorship) .244 Page 2 of 3 6/24/11 4. Chamber of Commerce - Promote 30`" Anniversary via Chamber efforts and activities such as The Gem (feature article in January 2012), Chamber directory, e- mail blasts, website, Chamber car show, an enhanced Mayor's State of the City program, and Taste of La Quinta 5. Humana Challenge Golf Tournament - Acknowledge 30' Anniversary in Mayor's welcome letter and full -page, color ad in the program guide for 2012; weave 30`h Anniversary theme into two editorials City receives as part of sponsorship 6. Desert Classic Concours d'Elegance - Acknowledge 30`h Anniversary in Mayor's welcome letter and full -page, color ad in Concours d'Elegance program guide for 2012 (part of City sponsorship) 2.45 Page 3 of 3 6/24/11 DEPARTMENT REPORT: 4 ZP Qu&& MEMORANDUM TO: The Honorable Mayor and Members of the City Council � FROM: Timothy R. Jonasson, P.E., Public Works Director/City EngineerA-X/ DATE: July 19, 2011 SUBJECT: Public Works Department Report for June 2011 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; — L4W4--:��2 Y��- Timo y R. Jonasson Public Works Director/City Engineer 246 Y K f 7 F N 2 Y W J f F 5 CL f J III N N N W W LL 7 2 0 am 3 w — U V V 7K aw N Z F U 247 U) W } U J ul U) NY U W J 2 N H U Z =0g 2 a R W C O CD O lti M O S N N {p N ids i, ,Ri mnipl x . WH ky iMM: Q IL Epa o o W fi dV. N W 112. 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W W Or E00 •�cWm W F Eo • JOo_ N O U C N N Ci 4 C O N O L �._L pO- dL C to Om �.,= _ U v F d� N N— L a N N N L 0 y� L NLo aaD 3 ° dZ ;go m 7 N L�� c�"� .00 N O N yL+ N � d "N N� N 1O ++ U— � m �' C >a'v'� y a� �'cn W i0 0v .O On W 7 N C aN+ N N ++ N C n. o� N d Y 'a `cN' m� 3 � d � N 'O 'O > N N O. O Z N O � dv � =~ 3 3 �N � c o,V E �, aXi O � 0, a � 0 C> .& N .O V � f0 y n. � � V- O O � � � N � N N y C�.1 Wa M H >� N N N> C� L� � CN N N C@ d C U rn m L 'U 7 O N 0 N C>� �. f y C N� cU•� N ccpv'c m U 'y O> C Y C N> G l0 U N m N U f0 a+ U y?,, OU Nei f07U NN�OF'O �U m m H F m ~ O I I O � O O a a 0 0 r 3 c � o 0 G o r »_ 5 � q r o do .2«� ca 'O Z ® N W W O W C �G NN NU1 W MONTHLY SUMMARY OF PUBLIC WORKS TASKS MONTH OF: June, 2011 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 43 98 3 8 152 1001 Pot Hole-Repair/Patching 2 16 0 0 18 1002 Crack/Joint-Repair 0 0 0 0 0 1003 Pavement Marking/Legends 0 0 0 0 0 1004 Pavement Marking/Striping 0 6 0 0 6 1005 Curb Painting 0 0 0 0 0 1006 Other Traffic Controls 12 46 0 0 58 1007 Curb & Gutter Repair/Cons[ 0 0 0 0 0 1008 Other Concrete Repairs/Const. 6 5 0 0 11 1009 Street Sign Install (New) 0 3 0 0 3 1010 Street Sign Repair/Maint 99 15 0 7 121 1011 Debris Removal 43 44 0 5 92 1012 Right of Way Maint. 12 21 67 0 100 1021 CLEAN Catch Basin Inlet/Outlet 3 8 0 2 13 1022 Rondo Channel Outlet/Vault 0 0 0 0 0 1022A Desert Club Outlet/Vault 0 0 0 0 0 1023 S.D./ D.W./C.B. Repair/Maint. 0 0 0 5 5 1024 Gutter/Median Sand Removal 0 0 0 0 0 1025 Street Sweeping (Machine) 0 179 0 0 179 1026 Street Sweeping (Hand) 0 0 0 0 0 1027 Sidewalk/Bike Path Cleaning 0 0 0 0 0 1028 Dust Control 0 0 0 0 0 1029 Flood Control 0 0 0 0 0 1031 Parks/Retention Basins Inspection/Clean-L 3 21 118 1 143 1041 Irrig/ Weeding, Shrubs & Tree Trimming 29 0 218 7 254 1051 Landscape/irrigation Contract Managemen 0 0 23 18 41 1052 Lighting/Electrical Contract Management 0 0 25 18 43 1061 Small Tools Repair/Maint. 0 0 0 0 0 1062 Equipment Repair/Maint. 0 0 0 0 0 1063 Vehicle Repair Maint. 3 3 2 0 8 1081 Trash/Litter/Recycable Removal 0 0 26 0 26 1082 Vandalism Repairs 0 5 0 0 5 1083 Graffiti Removal 255 112 40 13 420 1084 Maint. Yard Building Maint. 32 8 4 11 55 1085 Seminars/Training 0 26 0 4 30 1086 Special Events 0 8 2 4 14 1087 Citizen Complaints/Requests 138 70 2 0 210 1088 Meeting 8 24 12 33 77 1089 Office (Phone, paper work, reports, Misc.) 41 34 15 68 158 SUBTOTAL 729 752 557 204 2242 1091 Over Time 3 7 22 0 32 1094 Jury Duty( 0 0 0 0 0 1095 Sick Leave 27 14 14 0 55 1096 Vacation 8 0 9 0 17 1097 Holiday 36 34 24 0 94 1098 Floating Holiday 0 0 0 0 1099 Worker Comp/ Bereavement/ STD 200 0 0 0 200 SUBTOTAL 274 55 69 0 398 TOTAL HOURS 1003 807 626 204 2640 TOTAL MILES 4914 41031 33871 213 12617 ?54 Department Report: 04 i- TO: The Honorable Mayor and Members of the City Council FROM: Les Johnson, Planning Directow DATE: July 19, 2011 SUBJECT: Department Report for the Month of June 2011 Attached please find a copy of the Planning Department Report which outlines the current cases processed by staff for the month of June 2011. 1 255 W LL g0 F a � W � Q � � 0 W Z N 0 W W U Z Z D Z Q Z a W IL LU Z H 0 a m D U U) W W Y m 'D "D -D "D m m m U 'D "D "D 'D 'B 'D "O "D "D "D 'D 'D 'D Q W 0) 0) (D (D 0) a) N N N N 0) 0) N N (D a) N N 0) a) N a)U N Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y E Y Y Y Y Y Y Y M+ Y Y Y Y Y Y Y t+ t+ 4+ M+Y Y Y = V E E E E E E E E E E E E E E E E E E E E E E O a a a a a a a a a a a a a a a a m a a a a a W Z 7 7 7 7 7 7 7 0 7 7 7 0 7 7 7 7 7 7 7 0 7 7 z a N N N N N N N N N N N N N N N N N N N N N N N J a 000,0� c, OOOON-00,m00,W am Z Q CO Z O J Ul he WN O a o ~ Cl) a } N C Y Y Y c m E c aci m E Y a) a ~ N N 0 E E N f6 _ v a a� d a� m a E v .O W y D N a C C N N a OI l6 yN N a N CO O C Y Q a� c m a E E a d y N Q Q a E Q Y N G% E` CC >. 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O m m d N ID c (Dv m o *= o a E a I- y c o O O o a E c a �> Z >>> c U Z U 0 10 N o •Y 'Y U J J .t' o J f0 a O :� +,,, m m a) O) CE C Q Q 'O > .> N U m Y Y a)'El 0 CM Q U 0 w iL (D (n (n U) (A F H > N N H F- 25 7 Department Report: LA LINTA P,@LICF Served by the Riverside County Sherffs Departnerrt Police Department Monthly Report June 2011 Prepared for r u 258 11 La Quinta Police Department SIGNIFICANT ACTIVITY REPORT Captain Raymond Gregory Chief of Police Wednesday, June 1,2011 3:30 PM — Officers were dispatched to a report of an assault with a deadly weapon at Avenida Montezuma and Eisenhower Drive. Andreas Montemayor, 44, of Cathedral City threw rocks at the victim striking her in the head. Montemayor fled the scene but was later located and arrested. He was booked into the Indio Jail for assault with a deadly weapon, misdemeanor domestic battery, and violation of a restraining order. Thursday, June 2, 2011 11:00 PM -- Officers conducted a traffic stop on Hwy I I I and Madison St. and arrested Desideriu Faji, 51, of Indio for DUI. Friday, June 3,2011 12:01 AM — Patrol officers conducted a traffic stop at Eisenhower and Calle Sinaloa and arrested Kevin John Weddle, 21, of Indio for DUI. Saturday, June 4, 2011 19 5:00 AM -- Officers conducted a vehicle check on Ave. 52 and Madison St. A male adult in the vehicle, Martin Nunez (42 of Indio), was arrested for providing false personal information to a police officer and seven arrests warrants. Nunez was booked into the Indio Jail. 11:15 AM — Officers responded to the 47600 block of Wind Spirit Dr. regarding a domestic disturbance. Kelly Renaud, 45, of La Quinta was arrested and transported to Indio jail for spousal abuse. 12:30 PM -- Officers responded to the 79300 block of Desert Stream in reference to a mentally unstable subject. Officers determined that she was not a danger to herself or others and she was allowed to remain at the residence. Sunday, June 5.2011 11:16 PM — Officers responded to the 45200 block of Seeley Drive regarding a domestic disturbance. Boyd Beghtol, 39, of La Quinta was arrested for domestic battery and booked into the Indio Jail. Monday, June 6, 2011 12:25 PM — The Business District Officer issued a citation to a problem transient, Cota Wetterson, 47, of Indio for panhandling in front of a business located in the 78900 block of Highway 111. 1:52 PM — A juvenile, 17, of Indio was arrested by the Business District Officer for shoplifting at a business located in the 79200 block of Highway 111. 4:44 PM — Officers responded to the 54400 block of Avenida Rubio in reference to a domestic disturbance. The victim was assaulted by the suspect, Charles Campbell, 50, of La Quinta. The suspect fled before officers arrived. The investigation is ongoing. 259 7:20 PM — Traffic Services Officers attempted to make a vehicle stop at Blackhawk Way and Dune Palms Drive. The driver, Michael Reinholz, 55, of La Quinta failed to yield. A brief vehicle pursuit was initiated and ended at Jefferson and Fred Waring. Reinholz refused deputies commands and was forcibly restrained. He was arrested for DUI and felony evading. Tuesday. June 7.2011 4:00 PM — Officers responded to the 51600 block of Avenida Rubio in reference to a domestic disturbance. Laura Weiss, 47, of La Quinta was arrested for felony spousal abuse, assault with a deadly weapon and criminal threats. Weiss was transported and booked into the Indio Jail. Wednesday, June 8, 2011 1:26 AM — Officers conducted an occupied vehicle check at the intersection of Monticello and Dandelion. Cesar Duran, 29, of Coachella was in possession of burglary tools. Cesar was arrested for possession of burglary tools and booked into the jail. 8:00 PM — Traffic Services Officers conducted a traffic enforcement stop at Avenue 52 and Desert Club. Miguel Esparza, 31, of La Quinta was arrested for a misdemeanor warrant for driving under the influence, issued a citation and released. Thursday. June 9, 2011 9:30 AM — Officers arrested Carlos Canez, 28, of El Centro for grand theft. Canez had stolen rims from a vehicle at an automobile dealership in the 79200 block of Highway I I 1 in early May 2011. Canez was identified when he attempted to sell the stolen rims on Craig's List. Aft 7:03 PM -- Special Enforcement Team Officers responded to the 52100 block of Avenida Rubio and arrested Raul Carmona, 34, of La Quinta for parole violation. 7:08 PM -- Officers responded to Ave 48 and Washington in regards to a report of an attempted sexual assault at a business. A male juvenile, 17, of Coachella was found inside the ladies restroom at the location. The juvenile attempted to assault a female customer in the restroom. An extensive search of the area was conducted and the juvenile was taken into custody after fighting with officers and was arrested for burglary, attempted sexual assault, and resisting arrest. Friday. June 10, 2011 9:47 AM -- Officers responded to the area of Calle Durango and Avenida Vallejo regarding a disturbance. Manuel Torres, 31, of La Quinta was arrested for a felony domestic violence warrant and booked into the Indio Jail. 10:53 AM — Officers responded to the 79900 block of Hwy I I I in reference to a shoplifter in custody. Abel Adrianzen, 58, of Indio was arrested for burglary and booked into the Indio Jail. Saturday, June 11, 2011 1:40 PM — Officers responded to the 48000 block of Via Hermosa in reference to a report of a death. An adult female, 70, was found deceased. The investigation is on going. Sunday. June 12, 2011 3:12 PM -- Officers responded to a burglary in the 42800 block of Washington Street. Carl Carron, 19, of La Quinta was arrested for possession of stolen property and booked at the Indio Jail. James Hart, 25, of Anaheim was not at the Ah location and is believed to be in possession of a stolen weapon. IF 260 11:08 PM --Officers responded to a domestic disturbance in the 52000 block of Avenida Obregon. Gustavo Alonso Montes, 25, of Indio was arrested for felony spousal battery. Monday, June 13,2011 7:26 AM -- Officers responded to the 52000 block of Eisenhower Drive in reference to a domestic disturbance. Luis Mancilla, 50, of La Quinta had physically assaulted his wife. Mancilla was arrested for felony domestic violence and booked into the Indio Jail. 9:30 AM — Officers were dispatched to the 78600 block of Siena Ct. regarding a theft. Investigation revealed the suspect, Elsa Torres, 43, has been stealing money and services from the victim, 83, for more than a month. Tuesday, June 14,2011 7:05 AM -- Officers responded to the 48300 block of Bighorn Dr. in reference to a report of unknown trouble. Arriving officers found an elderly female in the front yard bleeding from the head. CDF responded and transported the female, 73, to JFK hospital for treatment. The injury was determined to be accidental. 11:20 AM — SET Team Officers responded to the 78700 block of Bayberry Lane and arrested Charles Hahn, 44, for a felony drug warrant. Hahn was booked into the Indio Jail. 2:47 PM — SET Team Officers conducted a traffic stop at Jefferson and Avenue 50. John MacKight, 21, of North Shore ran from the vehicle. After a short foot pursuit he was taken into custody and arrested for possession of a controlled substance and violation of probation. He was booked into the Indio Jail. 8:34 PM — Officers were dispatched to the 53700 block of Avenida Navarro regarding an animal cruelty incident. The suspect, a 17 year old juvenile from La Quinta, was seen throwing a cat over a fence. Animal Control Officers responded and took possession of the cat. The juvenile was released to his parents. Wednesday, June 15, 2011 2:39 PM -- Officers responded to the 78900 block of Highway I I I to a report of a shoplifter in custody. Diana Juarez, 28, of Desert Hot Springs was arrested and booked for shoplifting. 2:43 PM -- Officers responded to a major injury traffic collision inside of the Madison Club. A motorcycle collided head on with a full sized pick-up truck. The operator of the motorcycle was ejected from his motor cycle and received serious injuries. He was airlifted to the hospital where he was listed as stable but in critical condition in intensive care. Thursday, June 16, 2011 6:50 PM -- Officers arrested Shawn Madden, 30, of La Quinta for being under the influence of a controlled substance during a pedestrian check at Dune Palms Road and Highway 111. Madden was booked into the Indio Jail. Friday, June 17, 2011 2:45 PM — Officers were dispatched to a report of a bank robbery in the 78400 block of Highway 111. Investigation revealed a male adult entered the bank, gave a teller a note, and demanded money. The suspect fled the bank on foot. No weapon was used or seen and nobody was hurt. 4:40 PM -- Officers responded to a report of a fraud in the 49400 block of Eisenhower Drive. Security discovered a room had been rented with a stolen credit card. Kurt Anthony Livesay, 47, of San Pedro, was arrested for a DUI warrant. Larry Duran, 44, of San Pedro was arrested for violating a restraining order. Connie Lynn Braden, 43, of San Pedro was arrested for possession of drug paraphernalia. Livesay, Duran, and Braden were booked into the Indio Jail. 11:30 PM -- Officers investigated a vandalism call in the 52600 block of Avenida Martinez. Officers arrested Nicole Smith, 25, of La Quinta for felony vandalism. Smith was booked into the Indio Jail. 261 RL Saturday, June18,2011 2:45 AM -- Officers investigated a possible DUI driver in the area of Calle Tampico and Washington St. Araceli Quezada, 23, of Indio was arrested for DUI. A female passenger, Adelaida Hernandez, 23, of Coachella was arrested for public intoxication. Both subjects were transported and booked into the Indio Jail. 9:02 AM -- Officers responded to the 50900 block of Washington Street in reference to a theft and arrested Ronni Lynn Sheahan, 52, of La Quinta for commercial burglary. Sheahan was booked into the Indio Jail. Sunday, June 19, 2011 2:35 AM -- Officers arrested Darby Dooda Hanson, 24, of La Quinta for DUI and Tyler Justin Kahan, 29, of La Quinta for public intoxication during a traffic stop at Eisenhower Drive west of Washington Street. Both Hanson and Kahan were booked into the Indio Jail. 7:40 AM -- Officers conducted a vehicle stop on Avenida Vallejo and Calle Sonora and arrested Mario Pena Delafuente, 45, of La Quinta for possession of narcotics. Delafuenta was booked into the Indio Jail. 4:05 PM -- Officers responded to a traffic collision at Avenue 50 and Washington St, involving a vehicle and a bicyclist. The bicyclist was traveling north on Washington and pulled out in front of the vehicle. The bicyclist was transported to Desert Hospital with serious injuries. The driver of the vehicle was uninjured. 4:34 PM --Officers were dispatched to the 52100 block of Avenida Carranza regarding a report of a domestic dispute. Francisco Leyva, 28, of Indio had a no bail warrant for a parole violation. Leyva was arrested and booked at the Indio Jail. 6:59 PM -- Officers responded to the 52000 block of Avenida Herrera in regards to a runaway juvenile. The juvenile uphad a no bail warrant and was taken to juvenile hall at the request of Child Protective Services. 9:48 PM -- Investigators responded to a domestic violence call in the 47700 block of Dune Palms. Jorge Romero, 28, of La Quinta was arrested for felony child abuse. Monday. June 20, 2011 11:59 PM — SET Team Officers responded to a man with a gun call at Eisenhower Dr. and Calle Sinaloa. Officers went to the suspect's residence in the 79500 block of Avenue 42, Bermuda Dunes and conducted a parole compliance check. Officers located a handgun at the location. Russell Sorling, 25, of Bermuda Dunes was arrested for being a felon in possession of a firearm and possession of ammunition. Tyler Dahhar, 21, of Palm Desert was arrested for being under the influence of a controlled substance. Both suspects were booked at the Indio Jail. Tuesday, June 21, 2011 12:28 AM -- Officers were dispatched to the 79200 block of Highway I I 1 regarding a theft in progress. Justice Tausaga, 19, of Palm Desert was arrested and booked for shoplifting. 12:30 AM -- Officers conducted a traffic stop on Washington St. and Simon Drive. Walter C. Morales, 28, of Palm Desert was arrested for DUI and resisting or delaying a peace officer. 7:05 PM — Officers reported that a missing hiker had been found. Gary Edward Sloan, 67, of Hemet had started a hike in the southern portion of the La Quinta Cove at about 7:30 a.m. A resident who saw Sloan start his hike noticed Sloan's car was still parked near the trailhead near Calle Tecate and Vallejo about 2:00 p.m. and became concerned due to the 110 + degree heat. CHP helicopter flew over the area but didn't find Sloan. Supervising officers called in Desert Search and Rescue who found Sloan in good health near the Bear Creek Trail, taking shelter in the shade. 262 8:30 PM — SET Team Officers conducted a traffic stop at Highway111 and Simon Drive. The driver, Nicholas Aeilers, 32, of Coachella was arrested for a parole warrant. He was booked into the Indio Jail. Wednesday, June 22, 2011 No Significant Activity Thursday, June 23, 2011 1:31 PM -- The Business District Officer arrested Cort Watterson, 37, of Indio at a business in the 78400 block of block of Highway I I I for panhandling. Friday, June 24, 2011 No Significant Activity Saturday, June 25, 2011 No Significant Activity Sunday, June 26, 2011 2:46 PM -- Officers responded to the 51400 block of Calle Jacumba in regards to a domestic disturbance. Mercedes Benitez, 27, of Palm Desert was arrested for being under the influence of a stimulant. Benitez was booked at the Indio Jail. 7:57 PM -- Officers responded to the 49400 block of Eisenhower Dr. in regards to an individual trespassing. Security had detained Eduardo Espinoza, 22, of Cathedral City for being on the property without permission. Further investigation revealed Espinoza was in possession of stolen property and marijuana. In addition, Espinoza was found to be on parole for burglary. Espinoza was arrested for possession of stolen property, trespassing, possession of marijuana and a parole violation. 9:27 PM — Officers responded to the 78600 block of Vileta Dr. in regards to an attempt theft of a trailer. The trailer was parked in the driveway of the residence and the victim was alerted to the attempted theft when the trailer alarm activated. After hearing the alarm the victim found the hitch lock for the trailer had been cut. Monday, June 27, 2011 3:49 PM — The Business District Officer arrested Marty William Rodriguez, 20, of La Quinta for burglary and check forgery in the 78-800 block of Hwy 111. 7:30 PM — Officers conducted a traffic stop at Avenida Bermudas and Calle Hildago. Sherry Owens, 60, of Indian Wells was arrested for DUI. She was booked at the Indio Jail. Tuesday, June 28, 2011 10:15 AM —Officers responded to a report of a missing person in the 78800 block of Zenith. An adult male, 27, of La Quinta told his mother that he was going to ride his bike and would be back soon. Officer's made contact with several of the subject's friends who told them that the subject would take off from time to time. One of the friends said that the subject gave him a letter three weeks ago that stated he was going to Texas. The missing man was entered into the NCIC system. Officers called the area hospitals and jails without locating the man. 12:11 PM -- Officers responded to a suspicious person call in the 52700 block of Avenida Martinez. A male had jumped over a wall at a residence. Arriving officers located a juvenile matching the suspicious person and detained Adft him. Other officers found that a rock had been thrown through a back bedroom window with the window left partially IV open. The suspect admitted to breaking the window and gaining access. 263 8:00 PM -- La Quinta SET Team Officers served a warrant in the 78700 block of Bayberry Lane and arrested Charles Hann, 45, of La Quinta for a felony burglary and possession of stolen property warrant. He was booked into the Indio Jail. 9:33 PM -- La Quinta SET Team Officers conducted a traffic enforcement stop at Jefferson and Avenue 50. Tanya Fordham, 43, of Indio was arrested for DUI and was booked into the Indio Jail. 11:03 PM — Officers responded to the 43100 block of Palm Royal and arrested Daniel Russell Lipscombe, 20, of La Quinta for domestic battery. Wednesday, June 29, 2011 5:33 AM — Officers responded to the 49500 block of Coachella Dr. regarding a sexual battery that had just occurred. Investigation revealed that a 68 year old female was out for a morning walk when an unidentified male ran up behind her, knocked her to the ground and sexually assaulted her. The subject then ran away. 7:53 AM — Officers conducted a vehicle check in the La Quinta City Park located at Francis Hack and Avenida Bermudas. The occupant, Trevor Andrew Guzman, 23, of Palm Springs was arrested and booked for possession of cocaine and ecstasy capsules. 5:27 PM -- La Quinta SET Team Officers conducted an occupied vehicle check in the 78900 block of Highway 111. Joseph Martinez, 28, of Desert Hot Springs was arrested for a misdemeanor domestic violence warrant. During a search incident to arrest Martinez was found to be wearing shorts stolen from a business at the location. He was booked for the warrant and commercial burglary. Thursday, June 30, 2011 4:57 AM — Officers conducted a pedestrian check on Desert View and Desert Crest and arrested Andres Rojas, 23, of La Quints for a felony possession of stolen property warrant. 9:00 AM — Officers conducted a follow-up interview at the Indio Station related to a past residential burglary. Officers arrested Luis Miguel Granillo, 43, of Desert Hot Springs for possession of stolen property. Additional burglary charges will be sought against the suspect. 264 CITY OF LA QUINTA Business District Deputy Report June 2011 Deputy Tracey Newton SUMMARY OF ACTIVITY Traffic Citations is Panhandling Citations 2 Business License Citations 4 SIGNIFICANT ACTIVITY I investigated an act of vandalism at Dune Palms and Highway 111. A retail location had been defaced with graffiti. I spoke with the property manager and scheduled an appointment to discuss options to reduce crime in the business center. I assisted a patrol deputy with collecting evidence at a vehicle burglary which occurred at a retail parking lot. Fingerprints were located on the vehicle and submitted to CAL ID for processing. ' I arrested a subject at a retail store for shoplifting. The subject attempted to leave the store with several electronic items and was detained by security. The subject, a juvenile, was issued a citation and released to his mother. I assisted deputies with a business license violation at a retail center. Three subjects were contacted at the scene. Two solicitors were found to have their business licenses revoked (Nu Creation Outreach); the third solicitor did not posses a business license (Disabled Veterans). All three subjects left the area without incident. La Quinta Code Enforcement was notified about the violation. I was dispatched to a theft which occurred at a retail store. A subject fled the store after removing money from a donation container. La Quinta SET deputies located the subject at Dune Palms Road and Avenue 48 The subject was positively identified as the person who fled the store and was arrested for burglary. While on routine patrol in the business district area, I located a shopping center which had been vandalized with graffiti in approximately ten different locations. Based on 265 information received from La Quinta SET deputies, I was able to identify a suspect. The report was submitted to the DA's office for review and filing of the charge of vandalism. The very next day, I located a second shopping center which had been vandalized with graffiti in approximately seven different locations. Based on prior information received from the previous incident, I determined it was the same suspect. The report was also submitted to the DA's office for review and filing of the charge of vandalism. I was dispatched to a robbery which occurred at a local bank. During the investigation a suspect was identified and follow up was conducted. The suspect was located in the state of Nevada and is currently being held and awaiting extradition back to California. I was dispatched to a fraud which occurred at a local bank. A suspect was attempting to cash a fraudulent check. The suspect was detained and transported to the Indio Jail. I assisted La Quinta Code enforcement with a business license violation at a local business. Two subjects became uncooperative and left the scene. The two subjects were contacted at a nearby business and were each issued a citation for soliciting without a business license by code enforcement. The subjects had a revoked Nu Creation Outreach license. BUSINESS/COMMUNITY EVENTS I attended a retiree ceremony for the City of La Quinta, held at the La Quinta City Hall. I attended the Resort Communities Security Association meeting, held at Desert Falls County Club. On June 8, 20111 attended a business meeting held at La Casita Restaurant. Several businesses within the shopping center attended. OBSERVATIONS: The month of June has had an increase in business code violations, especially with Nu Creation Outreach, based out of Oakland, CA. All subjects that have been contacted were issued citations. 266 CITY OF LA QUINTA Traffic Services Team Report June 2011 Traffic Services Team Sgt. Crounse Cpl. Olson Dep. Reynolds Dep. Scott Dep. Wiggs C.S.O. Delaney SIGNIFICANT ACTIVITY The City of La Quinta has seen an increase of 10.81 % of collisions on public roadways for the month of June. When all collision activity is counted, the residents and visitors throughout our city have also seen a decrease of 44% for the month of June, in comparison to May. There has also been an increase of 22.73% in the number of Hit and Run collisions for the current year when compared to last year, although, Hit and Run Collision are down 50% when compared to last month. Ah mr Public roadway collision activity continues to be greatest during the weekdays, with Wednesdays and Fridays accounting for over 50% of the total activity. Our highest collision activity (66% of those collisions) occurs between the hours of 11:00 am and 5:00 pm. With our continued focus on occupant restraints, the City of La Quinta has seen a decrease of 33% in the number of injuries resulting from collisions for the month of June. Vehicles Failing to Yield the Right -of -Way. Unsafe S eed, and Failing to Obev Traffic Signs or Signals are the top three primary collision factors (66.67%) for the City of La Quinta. As a result, La Quinta Traffic Services focus their attention toward education and enforcement of drivers who violate these traffic laws. Since it takes a significant period of time to compile data, the monthly Traffic Collision Statistics and Data Report contain only those reports which have been completed. Often times collision investigations require further investigative attention and are forwarded to the La Quinta Traffic Team. Traffic Services dedicates their time to conducting proactive enforcement while also following up on investigative leads to solve crimes. As a result, some investigations are pending and current collision data is not complete. The most current data is attached for informational purposes. In keeping with all developing trends, traffic services constantly shifts its focus to meet the leading causes of collisions within the city. 267 Sgt. Alan Norhtrup Deputy Christian Bloomquist Deputy Jason Chancellor CITY OF LA QUINTA Special Enforcement Team June 2011 Lt. Jason Husky Summary of Activitv Deputy Josh Reinbolz Deputy Stephen Davis Deputy Jesus Borrego e of Activi # of Incidents 4 T e of Search Warran # of Incidents 3ecks/Sto s 40tations 113 Probation/Parohes iMisd. 15 Checks 35 Arrest Warrant 626 Arrests/Filin - 16sued 10 Arrests/Filin s 23 SIGNIFICANT ACTIVITY Members of La Quinta SET responded to a business on Washington Street in La Quinta in reference to the sexual assault of a female customer. La Quinta SET, along with La Quinta Patrol Officers, quickly and efficiently set a perimeter and began searching for the suspect. SET Officers located the suspect, however, the suspect ran from officers and attempted to evade arrest. Because of the strong presence of patrol officers and SET members, the suspect was unable hide. The suspect was arrested for sexual assault and taken to Indio Jail. La Quinta SET Officers responded to a robbery at the Bank of America in La Quinta. SET officers worked in cooperation with Indio Station's Investigative Unit with interviewing several witnesses and conducting follow-up investigations. During the investigation, video surveillance was recovered. SET members looked at the images of the bank robber and were able to identify the suspect. The suspect is a known probationer who lives in the city of La Quinta. During the investigation, a second person of interest was also identified. This person was seen on video surveillance earlier in the day at a separate location, along with the main suspect. Officers from La Quinta SET responded to both of the bank robbery suspect's locations in the La Quinta Cove area. During the operation, one of the suspects was gTiant PMLIJ AML detained and questioned. During the questioning, the subject was found to be in IV possession of illegal narcotics. He was arrested and booked into Indio Jail. La Quinta SET assisted Indio Investigations with the service of a search warrant for the suspect's residence in the La Quinta Cove. Evidence linking the suspect to the bank robbery was located. However, the suspect who actually robbed the bank had supposedly fled the state. Based on the identification made by La Quinta SET, an arrest warrant was issued for the main suspect. In the last week of June, the suspect was located and arrested by the FBI in Las Vegas, Nevada. SET Officers responded to a man with a gun call that occurred in the La Quinta Cove. Officers identified the suspect who allegedly had been waving a handgun in the air while driving a vehicle. SET Officers responded to the suspect's residence in Bermuda Dunes. and conducted a parole compliance check. Officers located the suspect and a handgun at the location. The suspect was arrested for being a convicted felon in possession of a firearm and possession of ammunition. A second subject at the location was arrested for being under the influence of a controlled substance. Both suspects were booked at the Indio Jail. Members of the La Quinta SET conducted a follow-up investigation involving a firearm stolen from a residence in north La Quinta. During the initial investigation, patrol officers described a person of interest, but were unable to locate or contact the subject. SET Officers conducted their investigation and identified the subject and discovered he 41 was a probationer who lived in Anaheim, CA. SET Officers coordinated with the Orange County Probation Office and arranged a probation compliance check. During the compliance check, the suspect was interviewed and confessed to stealing the firearm and transporting it to Orange County where he sold the gun. SET Officers worked in coordination with the Orange County Probation Department and the Anaheim Police Department and conducted two probation compliance checks and a business check in effort to recover the firearm. The suspect was subsequently arrested and booked into Riverside County Robert Presley Detention Center in Riverside, CA. The gun was not located. Officers from La Quinta SET were patrolling the Highway 1 I I La Quinta Business District corridor and conducted an occupied vehicle check in front of Kohl's. During the vehicle check it was discovered one of the two occupants had an active arrest warrant. The subject was removed from the vehicle and detained for the warrant. During a search of the subject, Officers noticed he was wearing several additional items of clothing with price tags still attached. Further investigation revealed that the subject had just committed a commercial burglary at the nearby Kohl's. The stolen clothing and additional stolen property was recovered from the vehicle and returned to Kohl's. The suspect was arrested for commercial burglary and the active arrest warrant. La Quinta SET worked in partnership with the La Quinta Motor Unit and La Quinta School Resource Officers in orchestrating the traffic control and ensuring public safety Ah during the La Quinta High School Graduation, Summit High School Graduation, and 269 Horizon High School Graduation. During the operation, no major traffic collisions and no major incidents occurred during the ceremonies. Officers from La Quinta SET aided the Coachella Valley narcotics Task Force in serving a search warrant for a residence in the La Quinta Cove area. During the service of the warrant, evidence was located that linked the suspect to a home invasion robbery in the city of Indio. Illegal narcotics were also located inside the residence. La Quinta SET Officers were involved because the particular residence where the search warrant was being served has been linked to other crimes in the city of La Quinta. La Quinta SET regularly monitors residences and subjects who are known to be involved in crime and makes every effort to keep crime out of our city. Members of the La Quinta SET have contacted several subjects within the city of La Quinta which have resulted in numerous arrests for narcotic violations, thefts, and outstanding warrants. La Quinta SET will continue their pro -active and community oriented policing efforts throughout the city which will result in more arrests of drug dealers, thieves, and career criminals in order to improve the quality of life for the residents of La Quinta. This continued hard work by La Quinta SET has kept the crime rate in La Quinta very low compared to other surrounding cities in the Coachella Valley. 11 ?%0 U Officer R. Smith La Quinta High School CITY OF LA QUINTA School Resource Officer Report June 2011 Summary of Activi Type of Activity Criminal Reports Number of Incidents 1 Arrests 1 Y.A.T. Filin s 0 City Park Area Checks 4 Vehicle Checks 18 Pedestrian Checks 15 County Citations 1 Public Assist 4 Investi ations Follow-u 2 District Attorney Filings 1 Home Visits 0 Business Checks 3 SIGNIFICANT ACTIVITY I was contacted by a school district security agent who advised me that a student confided in him telling him that the juvenile was in possession of a taser. The agent took possession of the taser and then provided it to me. I contacted the juvenile who stated that he received the item from another male, not in attendance at the high school, but he wanted to get rid of it because he thought he would be in trouble. The juvenile was arrested for being in possession of the item on school grounds and released to his mother. The case is pending with the District Attorney's Office. On Thursday, June 2°d, the 2011 seniors graduated at La Quinta High School. The graduation proceeded smoothly and there were very few issues from a law enforcement perspective. My sergeant and I worked with the school to open up the freshman baseball field to fit the overflow parking which greatly assisted with parking issues that have been encountered in the past. The traffic plan was well implemented and people appeared happy with our assistance. We were also able to obtain the assistance of the Post 503 271 Explorer's from our station, many of which are LQHS students as well. They assisted with the traffic plan and aided security with crowd control at the end of the ceremony. Overall, we did not have to issue any citations and no one was arrested. All in attendance made it safely. 272 11 CITY OF LA QUINTA School Resource Officer June 2011 Officer D. Alexander La Quinta Middle School Franklin Elementary School Truman Elementary School Adams Elementary School Summary ofActivity Type of Activity Number of Incidents Reports 3 Arrests 3 Business Check 0 District Attomey Filings 2 Traffic Stops 0 Y.A.T. Referrals 0 Home Visits 0 Follow-up Investigations 1 Vehicle Checks 0 Public Assist 10 Pedestrian Checks 4 Traffic Citations 0 SIGNIFICANT ACTIVITY La Quinta Middle School During the month of June I arrested three juveniles for the following, vandalism of school property and misappropriation of lost property. I also conducted an investigation regarding a reported child endangerment which I later determined to be unfounded. Adams Elementary No significant activity to report. Franklin Elementary No significant activity to report. Truman Elementary No significant activity to report. 273 11 CITY OF LA QUINTA School Resource Officer Report June 2011 Officer C. Trueblood Summit High School Paige Middle School Horizon School Summary ofActivity Type of Activity Number of Incidents Reports 3 Arrests I Assist Other Departments 0 Pedestrian Checks 0 Vehicle Check 4 Area Checks 0 Traffic Citations I City Municipal Code Citations 0 Follow-up Investigations 3 Calls for Service 2 SIGNIFICANT ACTIVITY I investigated a report of battery at Colonel Mitchell Paige Middle School. A seventh grade student reported that his math teacher had forcibly pushed him out of class. The student did not have any visible injuries and no medical attention was required. The victim stated he and the teacher got into a verbal argument in class at which time the teacher grabbed him, stood him up, led him to the door and shoved him out the open door. I issued the teacher a citation with a notice to appear and released him at the school. I interviewed members of the class that witnessed the event and they corroborated the statements of the victim. I filed charges of Child Endangerment against the suspect out of custody. School ended on June 9, 2011 and after that date all School Resource Officers went to a patrol position for one week. The other week was spent doing preparation work and logistical work for the upcoming La Quinta Police Cadet Academy. On June 27, 2011 the Cadet Academy began and has a nearly full class of 48 cadets at this time. Some cadets chose to drop out of the academy within the first week and were replaced with alternate applicants 274 CITY OF LA QUINTA Business District Community Service Officer June 2011 C.S.O. Philip Curia SUMMARY OF ACTIVITY I have contacted twenty-two business centers in the area of La Quinta representing Centre La Quinta, Centre Point, Dune Palms Plaza, Dunes Business Park, Gas Stations in La Quinta, J. Paul Building, Jefferson Plaza, KMS Property Management, La Quinta Valley Plaza, La Quinta Professional Plaza, One Eleven Shopping Center from Simon Road to Adams and One Eleven Shopping Center from Simon Road to Washington St., The Pavilion at La Quinta, Point Happy, Washington Plaza (Washington St.), Plaza La do Quinta Shopping Center, Shops on Highway I I I & Washington St., Shops on Calico Bay Drive, La Quinta Village Shopping Center, Washington Park (Washington St. Shops), and Washington Plaza (Highway I I I and Adams St.), La Quinta Village Shopping Area and The Shops on Calle Tampico. This represents about 292 businesses in the Highway I I I corridor ,Washington Street and downtown area. There have been several first business meetings that have started in April and will continue until all the businesses in La Quinta have had their first business meeting with our officers. We have and will continue to stress the importance at these meetings for businesses to recognize when there are suspicious circumstances, vehicles and persons in and around these businesses to contact the La Quinta Police immediately. At each meeting we are discussing the following topics: Crime Prevention For Commercial Businesses. What can you do? Counterfeiting- Do you know what to look for? Open Forum- An opportunity for the businesses to share their crime prevention technique and their business needs. Statistics of crimes taking place in the business community area. Ah Several businesses have offered their operation to host many of these meetings. 275 We then ask all the businesses attending to complete a worksheet giving us details pertaining to their business. We asked them for the name of their business, hours of operations, manages names and contact telephone numbers as well as a 24 hour contact number, their alarm response company and what type of camera, alarms they have in their businesses. In addition to the worksheet, we ask each business to fill out a business layout of their operation. Here the businesses describe the entrance and exit doors as well as the location of rooms around the business. This information together with the worksheet will aid our department should a potential disaster or other life threatening situations should occur at that business. I will continue to contact the remaining businesses in the downtown La Quinta area. Once all the businesses have had their first meeting, we will start our second set of meetings, which will consist of training the business owners and staff in how to recognize a criminal activity and what their role is in helping us fight crime in our business community. In addition to this training, we will hand out to every business, a decal which shows that business participates in a " Business Watch Program ". The decal states the business reports all suspicious activities to their fellow merchants and to the La Quinta Police Department. We will begin to set up each Business Community Area with block captains, who will help with the organization of each business center in the fight against crime. It is our intention to conduct at least two business meetings in each business community center as well as continually monitor and patrol the areas of our business community. In addition to my time working with the business district, I was asked to teach our Explorers at the Indio Sheriff Station CPR and First Aid. These young men and women want to be prepared to save someone's life in the course of their involvement with the Sheriff Department. I certified eleven members of the Explorer's post on June 22 and June 29, 2011 in CPR and First Aid through EMS Safety Services Inc. EMS Safety Services donated the materials and I donated my time to get these Explorers certified. 2l6 Lli CITY OF LA QUINTA Community Service Officer Report June 2011 Patrol C.S.O. Artesia Diaz Patrol C.S.O. Melinda Verdugo Traffic Services C.S.O. Bridget Delaney Business District C.S.O. Philip Curia Summary of Activitv Type of Activi Number of Incidents Bur lary Investigations 7 Grand Theft Reports 2 PettyTheft Reports 4 Vandalism/Malicious Mischief Reports 7 Traffic Collision Response 17 Vehicle Code or Parking Citations 34 Abandoned Vehicles Tagged/WarningTaggedNVarning 7 Towed Vehicles 0 Lost or Found Property Reports 5 Stolen Vehicle Report 0 Custodial / Non -Custodial Transport 1 g Miscellaneous Calls 61 11 277 Danese Maldonado Volunteer Coordinator CITY OF LA QUINTA Citizens On Patrol Community Policing Office Monthly Volunteer Report June 2011 Summary of activity Community PoliCinq Office Number Citizens On Patrol Number Monthly Volunteer Hours 210 Traffic Control / Collision 0 Hours Y.T.D. 1,046 Business Checks 87 Hours 4/03 to Present 21,070 Community Events 3 CPO Monthly Visits 96 Courtesy Notifications 0 CPO Y.T.D. Visits 595 Miscellaneous 0 CPO Visits 4/03 to Present 17,866 Neighborhood Patrol 46 Vacation Checks 57 Patrol Hours 71.5 Y.T.D. Patrol Hours 572 Hours 7/06 to Present 6,671 I CA rate for value received for volunteers is $16.24 - 2010 totals to May = $16,264 savings. Total savings since 2003 = $379,431. CA rate for value received changed and is now $23.29. Totals since January 2011 = $37,567.00 Total savings since 2003 = $478,601.00 We currently have 12 active office volunteers who staff and maintain the Community Policing Office in Old Town. These volunteers do a variety of data entry functions as well as assisting community members who enter the office. We currently have 10 Citizen on Patrol volunteers serving our community. Two new Amok applicants have been approved and will begin training in June. IV 278 Department Report: LA UNTA PiLICE Served by the PJverside County Sherirs Depart Crime Statistics Summary May -- 2011 Prepared for u 279 U 9 10 11 12 13 CITY OF LA QUINTA Crime Com arison -- May CRIME May May YTD 2011 YTD 2010 2011 2010 ATED ASSAULTS 8 6 25 20 RY 38 40 195 203 RY - VEHICLE 31 13 137 88 IC VIOLENCE F 18 13 77 83 E 0 0 0 1 ICS VIOLATIONS 18 35 111 117 ROBBERY 3 1 22 7 ROBBERY - CAR JACKING 1 0 1 0 SEX CRIME FELONY 1 7 9 21 SEX CRIME MISDEMEANOR 0 1 4 3 SIMPLE ASSAULTS 10 5 45 28 THEFT 59 61 283 321 VEHICLE THEFT 7 4 24 28 CITY OF LA QUINTA Average Response Time May 2011 TYPE OF CALL RESPONSE TIME (MINUTES NUMBER OF INCIDENTS EMERGENCY 4.95 4 ROUTINE 9.02 1,369 . Data from Riverside Co. Sheriffs Department Data Warehouse, Average Response Time Report. w Crime Distribution Table May-1 1 % of Total May-10 % of Total 1 AGGRAVATED ASSAULTS 8 4.12% 6 3.23% 2 BURGLARY 38 19.59% 40 21.51% 3 BURGLARY -VEHICLE 31 15.98% 13 6.99% 4 DOMESTIC VIOLENCE 18 9.28% 13 6.99% 5 HOMICIDE 0 0.00% 0 0.00% 6 NARCOTICS VIOLATIONS 18 9.28% 35 18.82% 7 ROBBERY 3 1.550/6 1 0.54% 8 ROBBERY - CAR JACKING 1 0.52% 0 0.000% 9 SEX CRIME FELONY 1 0.52% 7 3.76% 10 SEX CRIME MISDEMEANOR 0 0.00% 1 0.54% 11 SIMPLE ASSAULTS 10 5.15% 5 2.69% 12 THEFT 59 30.41% 61 32.80% 13 VEHICLE THEFT 7 3.61% 4 2.15% Total 194 95.88% 186 96.77% CITY OF LA QUINTA May 2011 Crime Distribution 70 59 60 50 38 40 30 18 18 20 8 10 7 10 — p �— 0 0 °, z a �a ma .gym m H�n K C) m O a a a y 281 KI KI Month to Month Crime Comparison May 70 5961 60 50 My 01 3840 40 31 May 0110 30 20 13 16 3 18 10 8 31 10 wd 0 "�"'� "� m'< �"" m n • m a'S S w� Year to Date Crime Comparison May 350 300 250 19303 200 p YTD 2011 150 137 ❑ YTD 2010 1117 8 100 — 7783 45 50 0 F 1 10 9 43 � 0 a o x A 282 1 Month to Month Calls for Service Comparison May 2011 2 May-11 11 May-10 3,000 2,768 2,000 ,4----�-1,3 1,015 -4 1,000 0 Total Non -Criminal Crirrrnal Year to Date Calls for Service Comparison January -- May t7 YTD 2011 v YTD 2010 15,000 11,85 10,000 281�6 502 5,578 >_, taxi 5,000 0 sir Total Non -Criminal Criminal 283 Department Report 10 City of La Qu i nta Fire Department Quarterly Report April 1 through June 30, 2011 Presented by: Pete Blakemore Battalion Chief RIVERSIDE COUNTY FIRE DEPARTMENT IN COOPERATION WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION John R. Hawkins - Fire Chief 210 West San Jacinto Avenue — Perris, CA 92570 (951)940-6900 —www.rvcfire.org PROUDLY SERVING THE UNINCORPORATED AREAS July 7, 2011 OF RIVERSIDE COUNTY AND THE CITIES OF: Honorable Mayor Adolph and Members of the City Council BANNING City of La Quinta BEAUMONT P.O. Box 1504 CALIMESA La Quinta, CA 92253 CANYON LAKE Ref: Quarterly Report COACHELLA It is my pleasure to provide you with the second Quarterly Fire Department Report for 2011. DESERT HOT SPRINGS This report summarizes activities and responses made by the Riverside County Fire EASTVALE Department within the City of La Quinta. INDIAN WELLS From April 1 through June.30, 2011, units responded to a total of 664 calls for service INDIO within the City of La Quints. These responses are broken down as follows: JURUPAVALLEY LAKE ELSINORE • Medical Aids 514 • False Alarms 51 LA QUINTA • Structure Fires 7 MENIFEE Wildland Fires 3 MORENO VALLEY • Rescues (accidents, entrapments) 34 • Other Fires (vehicle, refuse, etc.) 11 PALM DESERT • Public Service Assists 37 PERRIS (Non -emergency assistance) RANCHO MIRAGE • Fire Menace Standby 7 (Fuel spill, gas leak etc.) RUBDOUX CSD SAN JACINTO By comparison, there were a total 712 calls for service during the same period of time in 2010. This equates to a decrease of approximately 6.8 % in calls for service. TEMECULA WILDOMAR Below is a summary of various activities that occurred in the City during the second quarter of 2011. BOARD OF • SPECIAL EVENTS SUPERVISORS: • On April 23, 2011, Fire Explorers from the La Quints Post participated in their BOB BUSTER first fire muster. This event was hosted by the Murrieta Fire Explorers. This DISTRICT I event is based on firefighting methods both old and new. One of the key JOHNTAVAGLIONE benefits of participating in this event is building on Teamwork of the Fire DISTRICT 2 Explorers. JEFF STONE DISTRICT 3 • On April 27, 2011 La Quinta Firefighters participated in 31 Cent scoop night at JOHN BENOIT the La Quinta Baskin -Robbins store. This event is an annual event held at DISTRICT4 Baskin -Robbins ice Cream parlors nationwide. The Baskin -Robbins MARION ASHLEY Corporation donates $100,000 to the Nation Fallen Firefighters Foundation DISTRICT 5 during this event. This Foundation assists families of fallen firefighters. 285 School kids enjoy the end of year water day Fire Extinguisher training to a local business Truck Company personnel performing vertical ventilation • On April 30, 2011, La Quinta Firefighters assisted with the Annual Muscular Dystrophy Association "Fill the Boot" event. In this event, Firefighters with the assistance of the La Quinta Kohl's store were on hand to accept the gracious donations of La Quinta residents to support the MDA and all of their efforts. June 7, 2011 Local elementary schools enjoy the annual water day put on by local Firefighters. • Cal -FIRE crews from the Oak Glen Conservation camp provided clean up services to the city. Over a period of 5 days, these Firefighting crews worked with City staff to clean up the old dump site at the top of Cove. Their efforts removed several tons of trash that has been dumped years ago. This is another one of the benefits of the Regional Fire Protection delivery system that the city enjoys. • FIRE PREVENTION / PUBLIC EDUCATION • May 31, 2011 La Quinta Firefighters provided fire extinguisher training to staff at Embassy Suites La Quinta. • EMERGENCY OPERATIONS • April 14, 2011: Single Family dwelling structure fire 78000 block Via Carmel (Rancho La Quinta Country Club). Fire detector activation and monitoring system provided early detection and response. Approximately loss of $ 10,000 and a save of $1 million. • April 16, 2011: Single Family fire 80000 block Calle Azul. Fire confined to laundry room area with smoke damage throughout. Approximate loss of $ 20,000 and a save of $ 200,000 • May 2, 2011: Single family fire (unoccupied) 57000 block Calle Azul. This was the second fire to the same residence in two months. Cause is under investigation. • June 15, 2011: Single Family fire 53000 block Eisenhower Dr. Fire confined to attic above master bedroom. A family of 7 was displaced as a result of this fire. American Red Cross provided assistance to the family. Approximate loss of $ 53,000 and a save of $ 250, 000. Respectfully Submitted, John Hawkins County Fire Chief By.?IV----- Pete Blakemore Battalion Chief "i• La Quinta City Fire Responses Quarterly Totals :al Emergencies ® False Alarms ® Structure Fire IM Wildland Fires ❑ Rescues . ® Other Fires ® Public Service Assists ® Fire Menace Standby April May June Totals Medical Emergencies 193 137 184 514 False Alarms 19 17 15 51 Structure Fire 1 2 4 7 Wildland Fires 0 1 2 3 Rescues 18 7 9 34 Other Fires 3 1 4 1 4 11 Public Service Assists 1 13 7 17 37 Fire Menace Standby 4 1 2 7 TOTALSI 261 1 176 237 1 664 287 m 50 40 30 20 10 La Quinta City Fire Responses Quarterly Totals Quarterly Comparisons 02010 ■2011 AN e9 s e�>b �Os 41. s 2� ea �9sssf s�'aby s Second Quarter 2010 2011 Medical Emergencies 512 514 False Alarms 90 51 Structure Fire 6 7 Wildland Fires 2 3 Rescues 41 34 Other Fires 14 1 11 Public Service Assists 30 37 Fire Menace Standby 17 7 TOTALS 712 664 7wnm 1 2A8 - !IL 20 _ 79 0 } )2 0 ■- z ! § - ■ � § � �$ « k f % k � * B � � � ~ k k � J � � K . �, .� |§ )! t o] \_ /J 2f �g o/ !W !§ �§ §,W E mE §E §E 289 LK elm, I Z,= MEMORANDUM TO: Honorable Mayor and Members of the City Council VIA: Tom Genovese, City Manage FROM: Les Johnson, Planning Director�j%L/ DATE: July 19, 2011 (/ SUBJECT: Changes to the Recommended Conditions of Approval - Site Development Permit (SDP) 2003-762, Amendment 1 The recommended conditions of approval for Site Development Permit 2003-762 Amendment 1 distributed as part of the July 19 City Council Report did not include three changes. These changes were requested by the applicant, drafted by the Public Works Department, and adopted by the Planning Commission at their meeting of June 28, 2011. Therefore, please consider the following as part of the Planning Commission recommendation for SDP 2003-763, Amendment 1: 1) Replace Condition 52 in its entirety in the SDP 2003-762 Amendment 1 Recommended Conditions of Approval and replace it with the following: "52. If permitted by CVWD and the City Engineer, when an applicant proposes discharge of storm water directly, or indirectly, into the La Quinta Evacuation Channel, the applicant shall execute an indemnification instrument as approved by the City Engineer and City Attorney. Additionally, the applicant shall pay for all costs of sampling and testing associated with the development's drainage discharge which may be required under the City's NPDES Permit or other City or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The applicant is required to construct required discharge treatment Best Management Practice facilities per the NPDES Permit Supplement A but at a minimum shall install a CDS Unit or equal system as approved by the City Engineer. The indemnification shall be executed and furnished to the City prior to the issuance of any grading, construction or building permit, and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative parcel map excepting therefrom those portions required to be dedicated or deeded for public use. If such discharge is approved for this development, the v 200 applicant shall make provisions for meeting these obligations. The 100-year storm water hydraulic grade line shall be at elevation 48 feet or as determined by CVWD and the City Engineer. Additionally, the applicant shall submit verification to the City of CVWD acceptance of the proposed discharge of storm water directly, or indirectly, into the La Quinta Evacuation Channel with the initial submittal of storm drain improvement plans. 2► Replace Condition 25 A 1) g) in its entirety of the SDP 2003-762 Amendment 1 Recommended Conditions of Approval and replace it with the following: "g) Establish a Class II Level II benchmark in the Washington Street right of way and file a record of the benchmark with the County of Riverside." 3) Replace Condition 25 A 2) d) in its entirety of the SDP 2003-762 Amendment 1 Recommended Conditions of Approval and replace it with the following: "d) A 12-foot wide raised landscaped median plus variable width as needed along the entire project boundary to accommodate a left turn lane for the eastbound Avenue 50 traffic into the project entry on the north side and for dual left turn lanes for westbound Avenue 50 traffic at the intersection of Washington Street and Avenue 50. Interim and ultimate improvements shall be as approved by the City Engineer. The applicant shall be responsible for 50% of the cost to design and construct said raised landscaped median. " " 291 �T F U OF'r1'9 COUNCIL/RDA MEETING DATE: July 1 9, 201 1 ITEM TITLE: Public Hearing to Consider Adoption of Resolutions Approving an Extension of Time and Amended Plans to Develop La Paloma, a 208-unit Senior Living Community Located at the Northeast Corner of Washington Street and Avenue 50. Applicant: WSL La Quinta, LLC. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: _ PUBLIC HEARING: f Adopt a Resolution of the City Council approving Specific Plan 2004-071 Amendment 1, subject to the attached Findings and Conditions of Approval; and, Adopt a Resolution of the City Council approving Site Development Permit 2003-762 Extension 4, and Site Development Permit 2003-762 Amendment 1, subject to the attached Findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Zoning: Medium High Density Residential (RMH) General Plan Designation: Medium High Density Residential (MHDR) 4." , 292 Surrounding Zoning and Land Uses: North: Medium Density Residential (RM) — Existing Residential Community South: Medium Density Residential (RM) — Vacant, Un-entitled Land East: Major Community Facilities (MC) — La Quinta Sports Complex West: Low Density Residential (RQ — Existing Residential Community Environmental Consideration: The City of La Quinta Planning Department has determined that this request has been previously assessed in conjunction with Environmental Assessment 2003-470 which was prepared for Specific Plan 2004-071, which was certified on December 23, 2004. No changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental analysis pursuant to Public Resources Code Section 21166. Therefore, no further environmental analysis is necessary for this action. General Background: The La Paloma senior living community was originally reviewed and approved by the La Quinta City Council in 2004. The original project encompassed both the northeast and southeast corners of Washington Street and Avenue 50, and included multiple entitlements, including: a Conditional Use Permit (CUP 2003-074), a Site Development Permit (SDP 2003-762), a General Plan Amendment (GPA 2003-091), Zone Change (ZC 2003-1 12), and a Specific Plan (SP 2004-071) . At the time of the first time extension request in 2007, the portion of the project area south of Avenue 50 was removed from the project. The permits associated with the southeast corner have expired. A second time extension request was approved on October 7, 2008. A third extension request was approved on January 19, 2010, extending the life of the site development permit to September 18, 2010. On July 6, 2010, the applicant(the new property owner/developer) submitted the subject applications to amend Specific Plan 2004-071 and Site Development Permit 2003- 762. The amended plans include a revised architectural style, site design, landscaping, and business model. The applicant submitted a fourth time extension on September 14, 2010. Project Overview: The applicant is requesting consideration of revised plans for La Paloma, a 208-unit » 293 full -service senior living community located on the northeast corner of Washington Street and Avenue 50 (Attachment 1, Sheet T). Located directly to the north of the approximately 14-acre project site is an existing single-family residential neighborhood. Another existing single-family residential neighborhood is located to the west of the project site, across Washington Street. Vacant, unentitled land is located to the south of the project site, across Avenue 50. The La Quinta Sports Complex is located east of the project site, on the other side of the approximately 240-foot wide La Quinta Storm Water Evacuation Channel La Paloma is intended to be an age -restricted residential setting where housing, 24- hour supervision, and basic/personal care and health -related services are provided. The community will offer programs and services such as dining, housekeeping, and laundry, as well as on -site social and recreational activities. A variety of on -site amenities will be provided to residents. Outdoor amenities include a pool, putting course, dog park, and gardening areas. Indoor amenities include a library, computer center, activity rooms, salon, and fitness center. Daily scheduled and on -call transportation services to local dining, shopping, and appointments will also be made available for residents. The previously -approved project consisted of 216 independent and assisted living units with 18 dementia care and 20 skilled nursing beds within multiple buildings situated on two parcels. The new configuration of the La Paloma community consists of a main building which contains 117 independent living, 54 assisted living, and 17 Alzheimer/dementia units. Along the perimeter of the project site are 20 detached cottage units (Attachment 1, Sheet C-1). The two-story main building has the following characteristics (Attachment 1, Sheet Al): • One -bed and two -bed Assisted Living and Alzheimer/dementia units • One -bed, two -bed, and one/two-bed+den Independent Living units • Units that include kitchens, bathrooms, and covered patios • Community dining areas, exercise rooms, theater, and activity rooms The 20 one-story cottage units have the following characteristics (Attachment 1, Sheet A19 - A21): • Two -bedroom and two-bedroom+den units • Great rooms, kitchens, laundry rooms, and covered patios • Two -car garages . Architectural Design: Included with this proposal are architectural plans for the main building and cottage units, which have been designed to reflect a Desert Contemporary theme (Attachment 1, Sheet A3 — A6). This includes architectural elements such as the use of stucco as the primary exterior building material, the use of flat roofing, stacked stone, metal awnings, and incorporating shades of tan, gold, gray, and blue. Additionally, balconies, shade structures, and other design elements provide architectural articulation to the various building facades. The main building incorporates varying rooflines, with the height of the building, not including the uninhabitable tower feature, averaging approximately 25 feet in height at its highest ridgelines (Attachment 1, Sheet A3). The uninhabitable tower is an approximately 1 1-foot tall architectural projection, which results in a maximum structure height of 36 feet. Including all units, interior circulation areas, and ancillary uses, the main building for La Paloma totals approximately 306,000 square feet (Attachment 1, Sheet T). The height of the cottage units, at the highest roof ridgeline, is approximately 12'-6" (Attachment 1, Sheet Al — A21). The square footage of each of the three cottage floor plans ranges from approximately 1,650 square feet to 1,720 square feet (Attachment 1, Sheet T). Included with this proposal are plans for various common areas throughout the La Paloma site (Attachment 1, Sheet L-1.00). These areas, primarily courtyards within the main building, include a shaded swimming pool, bocce ball court, outdoor dance floor, putting green, active -use turf areas, and numerous gardens, fountains, and shade structures. Site Design: There are two access points identified for the proposed La Paloma community (Attachment 1, Sheet A-2). Access from the west will be from a driveway on Washington Street. This access will serve as the primary access point for the vehicular entry courtyard, drop-off area, and main.lobby. Access from the south will be from a driveway on Avenue 50. This access will serve as the primary access for residents, employees, and delivery and service vehicles. The Washington Street access consists of right -in, right -out turning movements, while the Avenue 50 access point will allow left -in, right -in, and right -out turning movements, with left -out movements prohibited. Vehicular circulation within the La Paloma community consists of a singular two-way drive aisle that meanders around the perimeter of the property, surrounding the main building (Attachment 1, Sheet A-2). The majority of parking stalls for the project are located along this drive aisle, as well as access to the 20 cottage units and the loading/unloading area for the main building. A total of 246 parking spaces are proposed, including one bus space, eight ADA-accessible spaces, two covered ADA- .�M 295 accessible spaces, two ADA-accessible van spaces, and 113 covered parking spaces. The illuminated steel carport structures are approximately 9'-6" in height, and will be painted to match the buildings (Attachment 1, Sheet A3). The applicant is also proposing landscape lighting at various locations throughout the project site (Attachment 1, Sheet L-7.00 - L-7.04). Up -lighting of the trees around the project site are to be done with canopy tree accent lights and palm tree accent lights. Walkway lights are to be placed along the numerous pedestrian walking paths throughout the site. Wall -washer lighting fixtures will also be strategically placed on walls throughout the site. The main vehicular drive aisle and parking areas are proposed to be lit with 18-foot tall pole lights (Attachment 1, Sheet L-7.02). The parking lamps are High -intensity Discharge LED lamps that are shielded and directed downward. The applicant also proposes multiple water features (Attachment 1„ Sheet L-1.04). One feature is proposed to be placed within the planter located in the center of the main entrance vehicular courtyard. Other features are located within the community courtyard areas and also along the drive aisle. The features are all similar, incorporating a cascading stone -veneered fountain and a concealed basin covered with pebbles. Landscaping: Landscaping throughout the project site consists of primarily desert and other low- to moderate -water use plants (Attachment 1, Sheet L-5.00 - L-5.04). Mostly utilized around the buildings are various trees and shrubs, with minimal use of turf, which has been limited to two active use lawn areas (Attachment 1, Sheet L-1.00). The proposed tree palette includes Acacia, Citrus, African Sumacs, as well as Date Palms and Mediterranean and California Fan Palms. The shrub palette includes Agave, Yucca, Birds of Paradise, and Lantana, among others (Attachment 1, Sheet L-5.02). The landscaped areas that run along Washington Street and Avenue 50 are proposed to be landscaped with numerous trees, shrubs, and groundcover (minimum 24 box trees, minimum 2.5 caliper size measured six inches above grade; minimum 5 gallon shrubs/groundcover) (Attachment 1, Sheet L-1.01 - L-1.02). A meandering sidewalk runs throughout the landscaped area along Washington Street and Avenue 50, with pedestrian access into the project located at the vehicular access points. The project perimeter also incorporates a wall/pilaster combination screen wall (Attachment 1, Sheet L-1.04). The wall will be approximately 6'-8" in height, and consists of a cement plaster finished wall with stone veneer accent pilasters. Each pilaster also includes a hooded down -light bar. Along the western property line, the wall construction will be combined with landscaped berms. A uniform perimeter masonry wall with no pilasters will be constructed along the northern property line. „p 296 Along the east property line, abutting the La Quinta Storm Water Evacuation Channel, a low flood control wall is proposed to be constructed. Specific Plan Amendment: The applicant has proposed a Specific Plan Amendment (Attachment 2). This represents the first amendment to the original La Paloma Specific Plan, and includes detailed development principles and design guidelines in order to develop the community as proposed. The Specific Plan Amendment also includes the removal of the parcel on the southeast corner of Washington Street and Avenue 50 from the proposed La Paloma development plans, and details a number of deviations from La Quinta Municipal Code standards. The proposed amended Specific Plan proposes the following deviations from the La Quinta Municipal Code (Attachment 2, Page 27): Le' Qtdlltd 341WCIPdi Salo to Paloma : : i G�#eId ment5tarlderd; DeveM mettttafitl�'d. 12 feet Rear.�,etbaek.. 15 feet (building average no less than 15 feet C�arag5e#6 adt 20 feet 5 feet or less " 20 feet or more Equivalent Unit Net Density: ' 12 du/acre 2.85 persons/unit .Unit Iswe ' 750 square feet 675 square feet " Strpctuw4lidghi 28 feet 36 feet . for maximum 40' x 40' tower element 3 feet 5 feet Aficttttegtural M4CtionS above maximum structure height above maximum structure hei ht ,Pat'k�tglxr#.Geigtti All units are within 100 feet No Standard Of the nearest guest space Vehicular directional signs Vehicular directional signs 8 Maximum Area: 3 square feet Maximum Area: 6.8 square feet Using an Equivalent Unit basis for determining the project density, the maximum resident population based on available beds is 261 persons and the maximum staff shift is 52. Using the City standard of 2.85 persons per single-family home, the equivalent density is 110 ........ ,..72c—imh.ro Furthermore, the proposed amended Specific Plan removes the land uses "Restricted Senior Housing" and "Licensed Memory Care Facility" from "Permitted Use — Conditional Use Permit" and adds them to "Residential Permitted Uses" (Attachment 2, Page 25). This ties the uses within La Paloma to the Specific Plan, and eliminates the need to maintain a Conditional Use Permit for the property. Planning Commission Action The Planning Commission considered these requests at its meetings of June 14, 2011 a., 297 and June 28, 2011 (Attachment 3). At the June 14 public hearing, the applicant submitted a letter to staff outlining objections to eight of the recommended conditions of approval. These objections primarily involved timing of permit expiration, future street dedications, establishment of benchmarks, turning movements, and drainage. The public hearing was continued to the June 28 Planning Commission meeting in order to allow staff to address the objections. Prior to the June 28 meeting, the applicant collaborated with the Planning, Public Works, and Fire Departments regarding the requested changes, and the attached recommended conditions of approval were revised to reflect these discussions. At the June 28 public hearing, the discussion points primarily focused on the recommended conditions of approval, particularly street improvements and the relationship with the property owner to the south of Avenue 50. Also, the potential allowance of a U-turn on Washington Street at Avenue 50 was discussed, as well as the use and viability of the water feature located within the main entrance vehicular courtyard. On a 4-0 vote, the Planning Commission recommended to the City Council approval of the Specific Plan Amendment and Site Development Permit Extension and Amendment, with two added conditions of approval (nos. 116 and 1 17) regarding the removal of the main entrance water feature and requirement for an updated plant palette containing more frequent use of Colorado Desert native plants. Neighborhood Meeting On June 1, 2011, the applicant and the development team for La Paloma presented their proposal at a neighborhood meeting. Notices for the informational meeting were sent out to properties within 500 feet of the La Paloma property (Attachment 4). Two people showed up to the meeting. Both attendees were representatives of the property on the southeast corner of Washington Street and Avenue 50. The Planning Department has not received any written or verbal comments regarding the proposed project. Public Notice This project was advertised in The Desert Sun newspaper on July 8, 2011, and mailed to all property owners within 500 feet of the site. To date, no comments have been received from adjacent property owners. Any written. comments received will be handed out at the City Council hearing. SB-18 Native American Tribal Consultation 298 As per SB-18 (2004) consultation requirements, information regarding the proposed Specific Plan was forwarded to those Tribes referenced on the Tribal Consultation List provided by the Native American Heritage Commission. Staff has followed up with all Tribes requesting information or consultation and placed their recommendations for monitoring in the Conditions of Approval. FINDINGS AND ALTERNATIVES: The Findings needed to approve a time extension to the Site Development Permit and amendments to the Specific Plan and Site Development Permit can be made as noted in the attached Resolutions. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving Specific Plan 2004-071 Amendment 1, subject to the attached Findings and Conditions of Approval; and, Adopt a Resolution of the City Council approving Site Development Permit 2003-762 Extension 4, and Site Development Permit 2003-762 Amendment 1, subject to the attached Findings and Conditions of Approval; or 2. Do not adopt Resolutions of the City Council approving the time extensions; or 3. Provide staff with alternative direction. , Planning Director Approved for submission by: ( 11-� / A eKv Thomas P. Genovese, City Manager Attachments: 1. La Paloma Site Development Permit Packet 2. La Paloma Specific Plan 3. Minutes of June 14, 2011 and June 28, 2011 » 299 Planning Commission hearings 4. Neighborhood Meeting notice 3 0. CITY COUNCIL RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SPECIFIC PLAN 2004-071 AMENDMENT 1 FOR LA PALOMA, LOCATED ON THE NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50 CASE: SPECIFIC PLAN 2004-071 AMENDMENT 1 APPLICANT: WSL LA QUINTA, LLC WHEREAS, the City Council of the City of La Quinta, California did, on the 1 g`" day of July, 2011, hold a duly noticed Public Hearing to consider a request by WSL La Quinta, LLC for approval of an amendment to the existing La Paloma Specific Plan in order to accommodate plans for a 208-unit senior living community located on the northeast corner of Washington Street and Avenue 50, more particularly described as: APN: 646-070-016 WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 28th day of June, 2011, hold a duly noticed Public Hearing, as continued from the regularly -scheduled Public Hearing on June 14, 2011, to consider a recommendation on said Specific Plan Amendment and, after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 201 1-006, recommending to the City Council approval of Specific Plan 2004-071 Amendment 1; and, WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on ,July 8, 2011 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, per SB-18 consultation requirements, the Planning Department has forwarded information regarding the proposed amended Specific Plan to those Tribes referenced on the Tribal Consultation List provided by the Native American Heritage Commission and has followed up with all Tribes requesting information or consultation and placed their recommendations for monitoring in the Conditions of Approval; and, WHEREAS, the La Quinta Planning Department has determined that this request has been previously assessed in conjunction with Environmental Assessment 2003-470 which was prepared for Specific Plan 2004-071, which was certified on December 23, 2004. No changed circumstances or conditions are M 301 City Council Resolution 2011- Specific Plan 2004-071 Amendment 1 WSL La Quints, LLC Page 2 proposed which would trigger the preparation of subsequent environmental analysis pursuant to Public Resources Code Section 21 166; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.240.010 of the La Quinta Municipal Code to justify approval of said Specific Plan Amendment: 1. Consistency with the General Plan The proposed Specific Plan amendment is consistent with the goals and policies of the La Quinta General Plan in that the design, height, scale and mass of the buildings within the community are compatible with the goals and policies of the General Plan Medium High Density Residential (MHDR) Land Use designation. 2. Public Welfare Approval of the proposed specific plan amendment will not create conditions materially detrimental to public health, safety and general welfare as Environmental Assessment 2003-470 was prepared, and certification of the Environmental Assessment is in compliance with CEQA requirements. 3. Land Use Compatibility The proposed Specific Plan amendment incorporates land uses that are compatible with zoning on adjacent properties. The design and density regulations specified in the Specific Plan amendment for residential and related recreational facilities are compatible with the existing single-family homes located near the specific plan area and on surrounding properties. 4. Property Suitability The uses permitted in the specific plan amendment, including age - restricted residences and common areas, are suitable and appropriate for the subject property in that the community is surrounded by similar existing uses such as single-family homes. The current specific plan area is served without adverse impact by all necessary public services and utilities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: M 332 City Council Resolution 2011- Specific Plan 2004-071 Amendment 1 WSL La Quints, LLC Page 3 1 . That the above recitations are true and constitute the Findings of the City Council in this case; and, 2. That the City Council does hereby approve Specific Plan 2004-071 Amendment 1 for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on this the 1 g`h day of July, 2011, by the following vote, to wit: Uvi*51 NOES: ABSENT: ABSTAIN: ATTEST: Veronica J. Montecino, CMC, City Clerk City of La Quinta, California (Seal) APPROVED AS TO FORM: M. Katherine Jenson, City Attorney Don Adolph, Mayor City of La Quinta, California .'Q 303 CITY COUNCIL RESOLUTION 2011- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 2004-071 AMENDMENT 1 WSL LA QUINTA, LLC JULY 19, 2011 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 Amendment. 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 2004-071 Amendment 1 shall be developed in compliance with these conditions, and the approved Specific Plan document. In the event of any conflicts between these conditions and the provisions of SP 2004-0071 Amendment 1, these conditions shall take precedence. 3. Specific Plan 2004-071 Amendment 1 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: Site Development Permit 2003-762 Amendment 1 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Planning Director shall determine precedence. 4. Within 30 days of City Council approval, applicant shall provide five copies of the Final Specific Plan document, as amended by this action, to the Planning Department. The Final Specific Plan shall include all text and graphics except as amended by this action, all amendments per this action, and correction of, any typographical errors, internal document inconsistencies, and other amendments deemed necessary by the Planning Director. 304 CITY COUNCIL RESOLUTION 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 2003-762, TIME EXTENSION 4 AND AMENDMENT 1, INCLUDING ARCHITECTURAL, SITE, AND LANDSCAPING PLANS FOR LA PALOMA CASES: SITE DEVELOPMENT PERMIT 2003-762 EXTENSION 4 AND AMENDMENT 1 APPLICANT: WSL LA QUINTA, LLC WHEREAS, the City Council of the City of La Quinta, California did, on the 1 gth day of July, 2011, hold a duly noticed Public Hearing to consider a request by WSL La Quinta, LLC for approval of a fourth extension of time and an amendment to architectural, site, and landscaping plans for a 208-unit senior living community located on the northeast corner of Washington Street and Avenue 50, more particularly described as: APN: 646-070-016 WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on July 8, 2011 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 28th day of June, 2011, hold a duly noticed Public Hearing, as continued from the regularly -scheduled Public Hearing on June 14, 2011, to consider a recommendation on said Site Development Permit Extension and Amendment, and after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 201 1-007, recommending to the City Council approval of Site Development Permit 2003-762 Extension 4 and Amendment 1; and, WHEREAS, the Architecture and Landscape Review Committee of the City of La Quinta, California, did, on the 151 day of June, 2011, hold a public meeting to review and discuss architecture, site, and landscape plans, the minutes of said meeting were included in the staff report for consideration by the Planning Commission; and, .�R 305 City Council Resolution 2011- Site Development Permit 2003-762, Extension 4, Amendment 1 WSL La Quints, LLC Page 2 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9,210.010 of the La Quinta Municipal Code to justify approval of said Site Development Permit Extension and Amendment: 1. Consistency with the General Plan The proposed Site Development Permit is consistent with the La Quinta General Plan, as it proposes a multi -unit age -restricted residential community, which is General Plan -designated for MHDR (Medium High Density Residential) development. 2. Consistency with the Zoning Code and La Paloma Specific Plan The proposed structures, as conditioned, are consistent with the development standards of the City's Zoning Code and the La Paloma Specific Plan, in terms of architectural style, building height, building mass, and landscaping. The community is consistent with the La Quinta Zoning Map, as it proposes a multi -unit age -restricted residential community which is General Plan -designated for MHDR (Medium High Density Residential) development. The site development permit has been conditioned to ensure compliance with the zoning standards of the MHDR district, and other supplemental standards as established in Title 9 of the La Quinta Municipal Code and the La Paloma Specific Plan. 3. Compliance with the California Environmental Quality Act (CEQA) The La Quinta Planning Department has determined that this request has been previously assessed in conjunction with Environmental Assessment 2003-470 which was prepared for Specific Plan 2004-071, which was certified on December 23, 2004. No changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental analysis pursuant to Public Resources Code Section 21166. 4. Architectural Design The architectural design aspects of the proposed La Paloma community provide interest through use of varied roof elements, enhanced building and facade treatments, and other design details which will be compatible with, and not detrimental to, surrounding development, and with the overall design quality prevalent in the City. 396 City Council Resolution 2011- Site Development Permit 2003-762, Extension 4, Amendment 1 WSL La Quints, LLC Page 3 5. Site Design The site design aspects of the proposed La Paloma community, as conditioned, will be compatible with, and not detrimental to, surrounding development, and with the overall design quality prevalent in the City, in terms of interior circulation, pedestrian access, and other architectural site design elements such as scale, mass, and appearance. The main building and cottage units are properly sized with regards to height and floor area, and are situated at engineer -approved locations with regards to vehicular and pedestrian access. Furthermore, the visual impact of the two-story main building is minimized from view from the existing residential neighborhood to the north as the two-story portion of the main building is located a minimum of 75 feet from existing single-family homes on the south side of Saguaro Road, and the highest part of the main building, the uninhabited tower feature, is set back over 150-feet from the northern property line. 6. Landscape Design The proposed project is consistent with the landscaping standards and plant palette and implements the standards for landscaping and aesthetics established in the General Plan and Zoning Code. Additionally, the assorted species of plants, which are taken from the approved plant list in the La Paloma Specific Plan, provide diversity and add character to the proposed community. The project landscaping for the proposed community, as conditioned, shall unify and enhance visual continuity of the proposed community with the surrounding development. Landscape improvements are designed and sized to provide visual appeal. The permanent overall site landscaping utilizes various tree and shrub species to blend with the building architecture. 7. Time Extension The applicant has been diligently working on amending the previously - granted entitlement in an effort. to improve compatibility with existing surrounding development, improve architectural quality, enhance project hydrology, as well as improve vehicular and pedestrian circulation. Due to the extent of work necessary to prepare plans in accordance with the proposed amendments, a two-year extension from the date of amendment approval is identified. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: ••a 307 City Council Resolution 2011- Site Development Permit 2003-762, Extension 4, Amendment 1 WSL La Quints, LLC Page 4 1. That the above recitations are true and constitute the Findings of the City Council in this case; and, 2. That the City Council does hereby approve Site Development Permit 2003-762 Extension 4, granting a two-year time extension to July 19, 2013, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval; and 3. That the City Council does hereby approve Site Development Permit 2003-762 Amendment 1 for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on this the 19th day of July, 2011, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Veronica J. Montecino, CMC, City Clerk City of La Quinta, California (Seal) Don Adolph, Mayor City of La Quinta, California .a 3�g City Council Resolution 2011- Site Development Permit 2003-762, Extension 4. Amendment 1 WSL La Quints, LLC Page 5 APPROVED AS TO FORM: M. Katherine Jenson, City Attorney .� 309 CITY COUNCIL RESOLUTION 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 AMENDMENT 1 WSL LA QUINTA, LLC JULY 19, 2011 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Site Development Permit shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. The Site Development Permit shall be expire two years from the date of City Council approval (July 19, 2013), and shall become null and void in accordance with La Quinta Municipal Code Section 9.210.020, unless a building permit has been issued. A time extension may be requested per LQMC Section 9.200.080. 4. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form — Whitewater River Region, Improvement Permit) • Planning Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District (DSUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) p 310 CITY COUNCIL RESOLUTION 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 AMENDMENT 1 WSL LA O.UINTA, LLC JULY 19, 2011 • California Regional Water Quality Control Board (CRWQCB) State Water Resources Control Board • SunLine Transit Agency (SUNLINE) • South Coast Air Quality Management District Coachella Valley (SCAQMD) The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When these requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 5. A California Construction General Permit must be obtained by the applicant; who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI") and Waste Discharger Identification (WDID) number, prior to the issuance of a grading or building permit by the City. 6. The applicant shall comply with applicable provisions of the City's NPDES r discharge permit, LQMC Sections 8.70.010 at seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board — Colorado River Basin Region Board Order No. R7-2008-0001 and the State Water Resources Control Board's Order No. 2009-0009-DWQ and Order No. 2010- 00 1 4-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP") to the State Water Resources Control Board. The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. 311 _ CITY COUNCIL RESOLUTION 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 AMENDMENT 1 WSL LA QUINTA, LLC JULY 19, 2011 C. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (LQMC Section 8.70.020 (Definitions)): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. The SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City Council 7. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 8. Approval of this Site Development Permit shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. 9. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. 10. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant's fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. CITY COUNCIL RESOLUTION 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 AMENDMENT 1 WSL LA QUINTA, LLC JULY 19, 2011 PROPERTY RIGHTS 11. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements: 12. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer or the HOA over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities of the master development. 13. The applicant shall offer for dedication all public street rights -of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, site development permit, and/or as required by the City Engineer. 14. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Washington Street (Major Arterial, 120' ROW) - The standard 60 feet from the centerline of Washington Street for a total 120-foot ultimate developed right of way except for: Additional right-of-way is required on Washington Street north of Avenue 50 to provide for the realignment of Washington Street to accommodate the dual left turn lanes for southbound Washington Street to eastbound Avenue 50 as approved by the City Engineer. A. An additional variable right of way dedication for a deceleration/right turn only lane and bus turnout at the proposed primary project entry measured seventy-six feet (76') east of the centerline of Washington Street and length as conditioned under STREET AND TRAFFIC IMPROVEMENTS (Condition of Approval No. 23A(1)(b)1. 2) Avenue 50 (Primary Arterial, Option B 100' ROW) - The standard 50 feet from the centerline of Avenue 50 for a total 100-foot ultimate 313 CITY COUNCIL RESOLUTION 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 AMENDMENT 1 WSL LA QUINTA, LLC JULY 19, 2011 developed right of way except for: A. An additional right of way dedication of 10 feet for a right turn only lane at the Avenue 50 intersection with Washington Street (a total of sixty feet (60') north of the centerline of Avenue 50) and length as conditioned under STREET AND TRAFFIC IMPROVEMENTS (Condition of Approval No. 23A(2)(a)). 15. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. Pursuant to this requirement, the Applicant shall ,include in the submittal packet containing the rough grading plans submitted for plan checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement. 16. When the City Engineer determines that access rights to the proposed street right- of-way shown on the approved Site Development Permit are necessary prior to approval of the improvements dedicating such right-of-way, the applicant shall grant the necessary right-of-way within 60 days of a written request by the City. 17. The applicant shall create perimeter landscaping setbacks along all public rights - of -way as follows: A. Washington Street (Major Arterial) - 20-foot from the R/W-P/L. B. Avenue 50 (Primary Arterial) — A minimum 20-foot from the R/W-P/L. The listed setback depth shall be the average depth where a meandering wall design is approved. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. __314- CITY COUNCIL RESOLUTION 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 AMENDMENT 1 WSL LA QUINTA, LLC JULY 19, 2011 Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 18. At locations where the onsite finished grade adjacent to the landscaped setback lot has an elevation differential with respect to the arterial street top of curb exceeding 11.0 feet, the applicant shall comply with, and accommodate, the maximum slope gradients in the parkway/setback area and meandering sidewalk requirements by either: 1) increasing the landscape setback size as needed, or 2) installing retaining walls between the sidewalk and the back of the landscaped area as needed. 19. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 20. Direct vehicular access to Washington Street and Avenue 50 from lots with frontage along Washington Street and Avenue 50 is restricted, except for those access points identified on the Site Development Permit, or as otherwise conditioned in these conditions of approval. 21. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 22. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property after the date of approval of the Site Development Permit unless such easement is approved by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 23. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access for Individual Properties and Development) for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 24. Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flowline shall be near vertical with a 1 /8" batter and a minimum height of 0.1'. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 3 15 CITY COUNCIL RESOLUTION 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 AMENDMENT 1 WSL LA QUINTA, LLC JULY 19, 2011 25. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Washington Street (Major Arterial; 120' R/W): Widen the east side of the street along all frontage adjacent to the project boundary to its ultimate width on the east side as specified in the General Plan and the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The east curb face shall be located fifty-one feet (51') east of the centerline, except at locations where additional street width is needed to accommodate: a) The applicant shall construct a concrete bus stop pad equipped with night lighting, bench, and trash receptacle north of the primary entry drive on Washington Street as approved by the Planning Director and the City Engineer. Bus turnout shall be provided if required by SunLine Transit for the bus stop. b) A deceleration/right turn only lane with bus turnout incorporated as part of the lane (if approved by SunLine Transit and the City Engineer) shall be provided at the Washington Street Primary Entry. The east curb face shall be located sixty four feet (64') east of the centerline and length to be determined by a traffic study prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 06-13 or as determined by the City Engineer. c► The east curb face shall be located fifty-six (56') east from the centerline of Washington Street to accommodate the dual left turn lane on southbound Washington Street at the Avenue 50 intersection. Other required improvements in the Washington Street right-of-way and/or adjacent landscape setback area include: d► All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. a 316 CITY COUNCIL RESOLUTION 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 AMENDMENT 1 WSL LA QUINTA, LLC JULY 19, 2011 e) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to. exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. f) Extend the existing raised median on Washington Street north of Avenue 50 to line up with the curb face on the south side of the primary entrance to prevent southbound Washington Street traffic from making illegal left turns into the project entrance on Washington Street as approved by the City Engineer. g) Establish a benchmark in the Washington Street right of way and file a record of the benchmark with the County of Riverside. 2) Avenue 50 (Primary Arterial - Option B; 100' R/W): Widen the north side of the street along all frontage adjacent to the project boundary to its ultimate width on the east side as specified in the General Plan and the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The north curb face shall be located thirty-eight feet (38') north of the centerline, except at locations where additional street width is needed to accommodate: a) A right turn only lane on Avenue 50 at the Avenue 50/Washington Street intersection. The north curb face shall be located forty eight feet (48') north of the centerline of Avenue 50 and deceleration length to be determined by a traffic study prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 06-13 or as determined by the City Engineer. ,� 311 CITY COUNCIL RESOLUTION 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 AMENDMENT 1 WSL LA QUINTA, LLC JULY 19, 2011 Other required improvements in the Avenue 50 right-of-way and/or adjacent landscape setback area include: b) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. c) 6-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. d) A 12-foot wide raised landscaped median plus variable width as needed along the entire project boundary to accommodate for a left turn lane for the eastbound Avenue 50 traffic into the project entry on the north side and for dual left turn lanes for westbound Avenue 50 traffic at the intersection of Washington Street and Avenue 50. The landscaped median improvements are eligible for reimbursement from the City's Development Impact Fee fund in accordance with policies established for that program. e) In the event the left turn pocket for eastbound Avenue 50 traffic into the project entry is constructed prior to the construction of the off -site improvements associated with the development on other side of the street, the applicant shall widen the south side of Avenue 50 along the project boundary to its existing southerly right-of-way to maintain the currently existing two eastbound through lanes on Avenue 50 (minimum 24 feet) as approved by the City Engineer. The applicant shall extend improvements beyond the project boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). ,N 3la CITY COUNCIL RESOLUTION 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 AMENDMENT 1 WSL LA QUINTA, LLC JULY 19, 2011 Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. The applicant is responsible for construction of all improvements mentioned above. B. INTERNAL STREETS 1) Construct internal streets per the approved Site Development Permit Preliminary Grading Exhibit and as approved by the City Engineer. Minimum street width shall be 26 feet except at the entry accessway. On -street parking shall be prohibited except in designated parking stall areas. The applicant shall make provisions for perpetual enforcement of the No Parking restrictions. 2) The location of driveways shall not be located within the curb return when possible. C. KNUCKLE 1) Construct the knuckle to conform to the lay -out shown in the Site Development Permit, except for minor revisions as may be required by the City Engineer. 26. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential/ Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (High Traffic) 4.5" a.c./5.5" c.a.b. Primary Arterial 4.5" a.c./6.0" c.a.b. Major Arterial 5.5" a.c./6.5" c.a.b. or the approved equivalents of alternate materials. 27. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. M 3 -19 CITY COUNCIL RESOLUTION 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 AMENDMENT 1 WSL LA QUINTA, LLC JULY 19, 2011 The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 28. General access points and turning movements of traffic are limited to the following: A. Primary Entry (Washington Street): Right turn movements in and out are allowed. Left turn movements in and out are prohibited. All right -turn -out only driveways shall have a splitter median island located in the driveway throat that adequately channelizes the exiting right -turn vehicles turning onto the arterial street to eliminate illegal left turns. The splitter island shall be designed in conformance with design concepts approved by the City Engineer. B. Primary Entry (Avenue 50): Right turn in and out and left turn in movements are allowed. Left turn movements out are prohibited. All right - turn -out only driveways shall have a splitter median island located in the driveway throat that adequately channelizes the exiting right -turn vehicles turning onto the arterial street to eliminate illegal left turns. The splitter island shall be designed in conformance with design concepts approved by the City Engineer. 29. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 30. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 31. Standard knuckles and corner cut -backs shall conform to Riverside County Standard Drawings #801 and #805, respectively, unless otherwise approved by the City Engineer. PARKING LOTS and ACCESS POINTS .p 320 32. The design of parking facilities shall conform to LQMC Chapter 9.150 and in CITY COUNCIL RESOLUTION 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 AMENDMENT 1 WSL LA QUINTA, LLC JULY 19, 2011 particular the following: A. The parking stall and aisle widths and the double hairpin stripe parking stall design shall conform to LQMC Chapter 9.150. B. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to evaluate ADA accessibility issues. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. E. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length with a 2-foot overhang for standard parking stalls and 18 feet with a 2-foot overhang for handicapped parking stall or as approved by the City Engineer. One van accessible handicapped parking stall is required per 8 handicapped parking stalls. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 33. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 34. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. ./' 321 CITY COUNCIL RESOLUTION 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 AMENDMENT 1 WSL LA QUINTA, LLC JULY 19, 2011 A. On -Site Rough Grading Plan B. PM 10 Plan C. WQMP 1 " = 40' Horizontal 1 " = 40' Horizontal (Plan submitted in Report Form) NOTE: A through C to be submitted concurrently. D. On -Site Precise Grading Plan 1 " = 30' Horizontal E. Off -Site Street Improvement/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical F. Off -Site Signing & Striping Plan 1" = 40' Horizontal The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. G. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical NOTE: D through G to be submitted concurrently. (Separate Storm Drain Plans if applicable) H. Off -Site Median Landscaping Plans 1 " = 40' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. n 322 CITY COUNCIL RESOLUTION 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 AMENDMENT 1 WSL LA QUINTA, LLC JULY 19, 2011 "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2010 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Public Works Department in conjunction with the Site Development Plan when it is submitted for plan checking. "On -Site Precise Grading" plans shall normally include all on -site surface improvements including but not limited to finish grades for curbs & gutters, building floor elevations, wall elevations, parking lot improvements and ADA requirements. 35. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (www.la- quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 36, The applicant shall furnish a complete set of all approved improvement plans on a storage media acceptable to the City Engineer (currently mylars). 37. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the FOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS • M 32.3 38. Prior to constructing any off -site improvements on Washington Street and Avenue CITY COUNCIL RESOLUTION 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 AMENDMENT 1 WSL LA QUINTA, LLC JULY 19, 2011 50, the applicant deposit securities equivalent to both a Performance and labor & Material Bonds each valued at 100% of the cost of the off -site improvements required on Washington Street and Avenue 50. 39. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 40. Depending on the timing of the development of this Site Development Permit, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these actions, as the City may require. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first phase of construction. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 41. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off - site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. .,0 324 CITY COUNCIL RESOLUTION 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 AMENDMENT 1 WSL LA QUINTA, LLC JULY 19, 2011 For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. (;RAKING 42. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 43. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 44. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a civil engineer registered in the State of California, B. A preliminary geotechnical ("soils") report prepared by an engineer registered in the State of California, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls). E. WQMP prepared by an engineer registered in the State of California. All grading shall conform with the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by soils engineer, or engineering geologist registered in the State of California. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. CITY COUNCIL RESOLUTION 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 AMENDMENT 1 WSL LA QUINTA, LLC JULY 19, 2011 Additionally, the applicant shall replenish said security if expended by the City of La Quinta to comply with the Plan as required by the City Engineer. 45. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 46. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 - anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 47. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the preliminary grading plan, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. Pursuant to the aforementioned, the applicant is advised of the Coachella Valley Water District letter dated May 24, 2011 to the Planning Department stating the development may set the finish floor elevations at a minimum of 47 feet MSL with the condition that the development be protected by means of a flood wall along the La Quinta Evacuation Channel. The flood wall shall be certified by a geotechnical engineer with the top of the wall at a minimum elevation of 52 feet AMSL as required by CVWD. 48. Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments. 49. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. 50. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus half'of a foot (0.51 from the elevations shown on the approved Site Development Permit Site Plan, the applicant shall submit the proposed grading changes to the City Engineer for a substantial conformance CITY COUNCIL RESOLUTION 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 AMENDMENT 1 WSL LA QUINTA, LLC JULY 19, 2011 finding review. 51. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. 52. If permitted by CVWD and the City Engineer, when an applicant proposes discharge of storm water directly, or indirectly, into the La Quinta Evacuation Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge which may be required under the City's NPDES Permit or other City- or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The applicant is required to construct required discharge treatment Best Management Practice facilities per the NPDES Permit per Supplement A but at a minimum shall install a CDS Unit or equal system as approved by the City Engineer. The indemnification shall be executed and furnished to the City prior to the issuance of any grading, construction or building permit, and shall be binding on all ,heirs, executors, administrators, assigns, and successors in interest in the land within this tentative parcel map excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions for meeting these obligations. The 100-year storm water HGL shall be at 48 foot elevation + or as determined by CVWD. Additionally, the applicant shall submit verification to the City of CVWD acceptance of the proposed discharge of storm water directly, or indirectly, into the La Quinta Evacuation Channel with the initial submittal of storm drain improvement plans. 53. Since the preliminary rough grading plans previously submitted to the Public Works Department did not demonstrate how storm water would be adequately discharged into the La Quinta Evacuation Channel during major storm events 327 CITY COUNCIL RESOLUTION 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 AMENDMENT 1 WSL LA QUINTA, LLC JULY 19, 2011 resulting in possible flooding of the site, the applicant is hereby notified that future site modifications may be necessary including, but not limited to building and street reconfiguration and additional improvements to the existing drainage facilities. Verification of the proposed storm water retention system is subject to review and approval by the Coachella Valley Water District and the City Engineer. If in the event, the proposed retention capacity or pass through storm water flow is found to be inadequate during final design, the Applicant shall revise what is currently proposed in the preliminary hydrology study and make adjustments to the site layout as needed to accommodate the increased retention/detention or pass through capacity required to satisfy safety issues of the Public Works Department and CVWD. Pursuant to the aforementioned, the applicant may be required to construct additional underground and above ground drainage facilities to convey on site and off site stormwater as well as stormwater from adjacent terrain by the La Quinta Evacuation Channel that historically flows onto and/or through the project site. Any proposed channels that convey stormwater shall be lined to protect against erosion as required by the Public Works Department and CVWD. 54. If the development is not able to discharge storm or nuisance water from the project into the La Quinta Evacuation Channel, the applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. 55. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 56. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise and as approved by the City. Engineer. 57. The project shall be designed to accommodate purging and blowoff water 328-_ CITY COUNCIL RESOLUTION 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 AMENDMENT 1 WSL LA QUINTA, LLC JULY 19, 2011 (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 58. No fence or wall shall be constructed around any retention basin unless approved by the Planning Director and the City Engineer. 59. For on -site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin. 60. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7). 61. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 62. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 63. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 64. The applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 at seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board - Colorado River Basin (CRWQCB-CRB) Region Board Order No. 137-2008-001. E. For post -construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board - Colorado River Basin (CRWQCB-CRB) Region Board Order �. 3Z�=_ CITY COUNCIL RESOLUTION 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 AMENDMENT 1 WSL LA QUINTA, LLC JULY 19, 2011 No. R7-2008-001. F. The applicant shall implement the WQMP Design Standards per (CRWQCB- CRB) Region Board Order No. 137-2008-001 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. G. The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. 65. The applicant shall install suitable facilities along the easterly boundary of the project to preserve CVWD access and prohibit access to the right-of-way of the La Quinta Evacuation Channel. Additionally, the applicant shall work with CVWD to construct a perpetual maintenance access to the La Quinta Evacuation Channel as required by CVWD and approved by the City Engineer. UTILITIES 66. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 67. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 68. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 69. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance •' °� � � -3 30 CITY COUNCIL RESOLUTION 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 AMENDMENT 1 WSL LA QUINTA, LLC JULY 19, 2011 thereof shall be located as to not conflict with access aisles/entrances. 70. Utility easements in favor of CVWD shall be clear of .any obstructions including overhead obstructions. CONSTRUCTION 71. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPE AND IRRIGATION 72. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 73. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 74. All new and modified landscape areas shall have landscaping and permanent irrigation improvements in compliance with the City's Water Efficient Landscape regulations contained in LQMC Section 8.13 (Water Efficient Landscape). 75. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Director for his approval. Exterior lighting shall be consistent with LQMC Section 9.100.150 (Outdoor Lighting). All freestanding lighting shall not exceed 18 feet in height, and shall be fitted with a visor if deemed necessary by staff to minimize trespass of light off the property. The illuminated carports shall be included in the photometric study as part of the final lighting plan submittal. 76. All water features shall be designed to minimize "splash", and use high efficiency pumps and lighting to the satisfaction of the Planning Director. They shall be included in the landscape plan water efficiency calculations per Municipal Code Chapter 8.13. ":_ 331__ CITY COUNCIL RESOLUTION 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 AMENDMENT 1 WSL LA QUINTA, LLC JULY 19, 2011 77. All rooftop mechanical equipment shall be completely screened from view behind the parapet. Utility transformers or other ground mounted mechanical equipment shall be fully screened with a screening wall or landscaping and painted to match the adjacent buildings. 78. The applicant shall submit the final landscape plans for review, processing and approval to the Planning Department, in accordance with the Final Landscape Plan application process. Planning Director approval of the final landscape plans is required prior to issuance of the first building permit unless the Planning Director determines extenuating circumstances exist which justifies an alternative processing schedule. NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Planning Director and/or City Engineer. 79. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 5th Edition" or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. 80. All trees located within the project site shall have a minimum trunk caliper of 2.5 inches. 81. Final field inspection of all landscaping materials, including all vegetation, hardscape and irrigation systems is required by the Planning Department prior to final project sign -off by the Planning Department. Prior to such field inspection, written verification by the project's landscape architect of record stating that all vegetation, hardscape and irrigation systems have been installed in accordance with the approved final landscape plans shall be submitted to the Planning Department. 82. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. PUBLIC SERVICES 83. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. N 332 CITY COUNCIL RESOLUTION 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 AMENDMENT 1 WSL LA QUINTA, LLC JULY 19, 2011 MAINTENANCE 84. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 85. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, access drives, sidewalks, and stormwater BMPs. FEES AND DEPOSITS 86. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 87. Permits issued under this approval shall be subject to the Coachella Valley Multi - Species Habitat Conservation Plan/Natural Community Habitat Conservation Plan Mitigation Fee, in accordance with LQMC Chapter 3.34. FIRE DEPARTMENT 88. Provide or show there exists a water system capable of delivering a fire flow 4000GPM per minute for four hours duration at 20 psi residual operating pressure, which must be available before any combustible material is placed on the construction site. 89. Approved accessible on -site super fire hydrants shall be located not to exceed 200 feet apart in any direction. Any portion of the facility or of an exterior wall of the first story of the building shall not be located more than 150 feet from fire apparatus access roads as measured by an approved route around the complex, exterior of the facility or building. 90. The minimum dimension for gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. Any gate providing access from a road shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 38-foot turning radius shall be used. 91. Prior to building plan approval and construction, applicant/developer shall furnish two copies of the water system fire hydrant plans to Fire Department for review N 333-- CITY COUNCIL RESOLUTION 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 AMENDMENT 1 WSL LA QUINTA, LLC JULY 19, 2011 and approval. Plans shall be signed by a registered civil engineer, and shall confirm hydrant type, location, spacing, and minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval. 92. Prior to issuance of building permits, the water system for fire protection must be provided as approved by the Fire Department and the local water authority. 93. Blue dot retro-reflectors pavement markers on private streets, public streets and driveways to indicated location of the fire hydrant. 06-05 (located at www.rvcfire.org) 94. Fire Apparatus access road shall be in compliance with the Riverside County Fire Department Standard number 06-05 (located at www.rvcfire.org). Access lanes will not have an up, or downgrade of more than 15%. Access roads shall have an unobstructed vertical clearance not less than 13 feet and 6 inches. Access lanes will be designed to withstand the weight of 60 thousand pounds over 2 axles. Access will have a turning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all weather driving capabilities. 95. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provision for the turnaround capabilities of fire apparatus 96. Driveway loops, fire apparatus access lanes and entrance curb radius should be designed to adequately allow access of emergency fire vehicles. The applicant or developer shall include in the building plans the required fire lanes and include the appropriate lane printing and/or signs. 97. An approved Fire Department access key lock box shall be installed next to the approved Fire Department access door to the building. Required order forms and installation standards may be obtained at the Fire Department. 98. Display street numbers in a prominent location on the address side of building(s) and/or rear access if applicable. Numbers and letters shall be a minimum of 12" in height for building(s) up to 25' in height. In complexes with alpha designations, letter size must match numbers. All addressing must be legible, of a contrasting color, and adequately illuminated to be visible from street at all hours. 99. Should any portion of the building be deemed "mixed occupancy" the sprinkler system shall be designed per referenced standard NFPA13R 7.2.4.1 through 7.2.4.2 per the CBC. 334--- - CITY COUNCIL RESOLUTION 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 AMENDMENT 1 WSL LA QUINTA, LLC JULY 19, 2011 100. The PIV and FCD shall be located to the front of building and a minimum of 25 feet from the building(s). Sprinkler riser room must have indicating exterior and/or interior door signs. A C-16 licensed contractor must submit plans, along with current permit fees, to the Fire Department for review and approval prior to installation. 101. Install an alarm monitoring system for fire sprinkler system(s) with 20 or more heads, along with current permit fees, to the Fire Department for review and approval prior to installation. 102. Install a portable fire extinguisher, with a minimum rating of 2A-10BC, for every 3,000 sq. ft. and/or 75 feet of travel distance. Fire extinguishers shall be mounted 3.5 to 5 ft above finished floor, measured to the top of the extinguisher. Where not readily visible, signs shall be posted above all extinguishers to indicate their locations. Extinguishers must have current CSFM service tags affixed. 103. No hazardous materials shall be stored and/or used within the building, which exceeds quantities listed in 2010 CBC. No class I, II or IIIA of combustible/flammable liquid shall be used in any amount in the building. 104. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit path marking shall be installed per the 2010 California Building Code. 105. Electrical room doors if applicable shall be posted "ELECTRICAL ROOM" on outside of door. 106. Fire Alarm Control Panel room doors if applicable shall be posted "FACP" on outside of door. 107. Fire Riser Sprinkler room doors if applicable shall be posted "Fire Riser" on outside of door. 108. Roof Access room door if applicable shall be posted "Roof Access" on outside of door. 109. Access shall be provided to all mechanical equipment located on the roof as required by the Mechanical Code. 110. Air handling systems supplying air in excess of 2000 cubic feet per minute to enclosed spaces within buildings shall be equipped with an automatic shutoff. 2010 CMC ,n 335,_ 5 '. CITY COUNCIL RESOLUTION 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 AMENDMENT 1 WSL LA QUINTA, LLC JULY 19, 2011 111. Gate(s) shall be automatic or manual operated. Install Knox key operated switches, with dust cover, mounted per recommended standard of the Knox Company. Building plans shall include mounting location/position and operating standards for Fire Department approval. 112. Nothing in our review shall be construed as encompassing structural integrity. Review of this plan does not authorize or approve any omission or deviation from all applicable regulations. Final approval is subject to plan review and field inspection. All questions regarding the meaning of the code requirements should be referred to Fire Department at 760-863-8886. PLANNING DEPARTMENT 113. Approved Cultural Resource Monitor(s) be present during all ground disturbing activities. Experience has shown that there is always a possibility of encountering buried cultural resources during construction related excavations, or archaeological testing/data recovery. Should buried cultural deposits be encountered, the Monitor may request that destructive construction halt and the Monitor shall notify a Qualified (Secretary of the Interior's Standards and Guidelines) Archaeologist to investigate and, if necessary, prepare a mitigation plan for submission to the City and the Agua Caliente THPO. 114. Additionally, in accordance with State law, the County Coroner should be contacted if any human remains are found during earthmoving activities. If the remains are determined to be of Native American origin, the Native American Heritage Commission (NAHC) shall be contacted. The NAHC will make a determination of the Most Likely Descendent (MLD). The City will work with the designated MLD to determine the final disposition of the remains. 115. A sign permit shall be submitted for staff approval for proposed monument signs specified in Specific Plan 2004-071 Amendment 1. 116. As part of the Final Landscape Plan review process, the applicant shall submit a revised plan for the main entrance vehicular courtyard depicting either the removal of the water feature within the drive aisle or relocation of the water feature with an enhanced interactive design. 117. 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In rlkl OIIIaiXs 1RiV E •x uo.u. u�.smf..e. o.. .." 394 2 �� (SZi6 nrv+olll� nlN�nwa'.Y 3 nv15 uol1tllVsoM �. � , `b 4 !'• gwOly ewoled el*i! E I r 396 3® C T't Ilk 39 4 llill:j 3®IIIIII'IIM, _I= 398 ESZL6 AuaNP�n,4W el'OS anIwY9 �S,a1a,14�Mim �R�ewoied el �:� i5;e,a e 399 ATTACHMENT 2 LA PALOMA Specific Plan City of La Quinta Specific Plan No. 2004-071 Amendment No.1 March 2011 Prepared For: • O A%C F' WESTliving WEST SENIOR LIVING LA QUINTA, LLC 6005 Hidden Valley Road, Suite 215 Carlsbad CA 92011 (760) 496-7440 Prepared By: MSA CONSULTING, INC. 34200 Bob Hope Drive Rancho Mirage, California 92270 (760) 320-9611 400 LA PALOMA Specific Plan 2004-071 Amendment No.1 Table of Contents INTRODUCTION Purpose...........................................................................................1 Executive Summary ........................................................................ 2 TheProcess....................................................................................3 Relationship to Other Agencies....................................................... 3 Relationship to General Plan........................................................... 4 11. SPECIFIC PLAN Project Description........................................................................14 Art in. Public Places.......................................................................15 Infrastructure Phasing...................................................................16 GradingConcept...........................................................................16 Erosion Control.............................................................................16 SWPPP / NPDES / PM 10............................................................17 Hydrology......................................................................................19 FloodControl ................................................. .............................19 On Site Storm Water Design.........................................................19 Nuisance Water.................:...........................................................19 Utilities.......................................................................................... 20 lll. LAND USE PLAN LandUse....................................................................................... 25 Development Standards................................................................ 25 Residential Development Standards ............................................. 26 Deviations requested from Zoning Ordinance ............................... 27 Additional Development Standards ............................................... 28 Specific Plan Minor Modifications.................................................. 28 Specific Plan Amendment............................................................. 29 Modifications to Approved Grading Plan....... ................................. 29 Parking.......................................................................................... 29 Carports........................................................................................ 30 Fencingand Walls......................................................................... 30 Lighting......................................................................................... 30 i 401 IV. - CIRCULATION Overview...................................... Off Site Circulation ....................... On Site Circulation ....................... Public Transportation ................... V. LANDSCAPE ............................................... 33 ............................................... 33 ............................................... 33 ............................................... 33 Landscape Concepts.................................................................... 36 Signage......................................................................................... 36 General Architectural Theme ........................................................ 36 ii is 402 r LIST OF EXHIBITS Exhibit 1 Vicinity Map.....................................................................................: 5 Exhibit 2 Aerial Photograph............................................................................. 6 Exhibit 3 USGS Map....................................................................................... 7 Exhibit Site Plan...........................................................................................8 Exhibit 5 City Zoning Map............................................................................... 9 Exhibit 6 City General Plan Map.............................................:..................... 10 Exhibit 7A. Site Photos I..................................................................................:11 Exhibit 7B Site Photos 11..................................................................................12 . Exhibit 8 FEMA Map.................................................................................... 13 Exhibit 9 Preliminary Grading Plan...............:.............................................. 18 Exhibit 10 Preliminary. Hydrology Plan.......................................................... 22 Exhibit 11 Existing Utilities............................................................................ 23 Exhibit 12 Preliminary Water and Sewer ....................................................... 24 Exhibit 13 Wall Fence and Monument Exhibit ............................................... 31 Exhibit 14 Lighting Plan................................................................................. 32 Exhibit 15A Washington Street Cross Sections ............................................... 34 Exhibit 15B Avenue 50 Street Cross Sections ................................................. 35 Exhibit 16 Plant Palette................................................................................. 37 Exhibit 17 Overall Landscape Plan............................................................... 38 Exhibit 18 Typical Cottage Landscape.......................................................... 39 Exhibit 19 Washington Street Plan View Landscape .................................... 40 Exhibit 20 Avenue 50 Plan View Landscape ................................................ 41 Exhibit 21 Architectural Perspective ........................ :..................................... 42 Exhibit 22 Main Building Floor Plan 18S Floor ................................................. 43 Exhibit 23 Main Building Floor Plan 2nd Floor ................................................ 44 Exhibit 24 Main Building Elevations.............................................................. 45 Exhibit 25 Cottage Al Floor Plan and Elevation ........................................... 46 Exhibit 26 Cottage A2 Floor Plan and Elevation ........................................... 47 Exhibit 27 Cottage B Floor Plan and Elevation ............................................. 48 Exhibit 28 Monument and Directional Sign ................................................... 49 iii n 403 APPENDIX Appendix One .......................................................... General Plan Analysis Appendix Two..........................................Adopted Resolutions/Ordinances Ordinance No. 411 Zone Change 2003-112 Resolution No. 2004-149 Environmental Assessment 2003-470 Resolution No. 2004-150 General Plan Amendment 2003-091 Resolution No. 2004-152 Specific Plan 2004-071 iv 404 La Paloma Specific Plan 2004-071 City of La Quinta Amendment No.1 SECTION I INTRODUCTIONr, , PURPOSE The purpose of this Specific Plan is to set forth the detailed development principles, guidelines, and programs to facilitate the development of a 14 +/- acre site located at the northeast comer of Washington Street and Avenue 50 in the City of La Quinta. (Exhibit 1 — Vicinity Map). The project is designed and will be managed as a multi -unit premier senior community. The community will consist of independent living, assisted living and memory care units. Approval for the La Paloma development on a 20 acre site has been acquired pursuant to the adoption of Resolution 2004-152 for Specific Plan 2004-071 on December 7, 2004. This Specific Plan Amendment proposes development standards only for the northerly 14 acre site and removing the south 7 acre site of Avenue 50 from the Specific Plan. The project as previously approved will remain as a senior retirement community. The south parcel will revert to the underlying standards for the Residential Medium (RM) zoning. The owner/applicant is not the owner of the south parcel and has no control or influence with respect to what may be proposed or developed in the future.. This Specific Plan is intended to meet the requirements for a Specific Plan as set forth in State law and City of La Quinta regulations. The State authorizes cities and counties to adopt Specific Plans as appropriate in implementing their General Plans. Such a plan is to include the detailed regulations, conditions, programs, and any proposed legislation that is necessary for the systematic implementation of the General Plan. The Specific Plan provides the linkage between the General Plan (and the general goals and policies of the City) and the detailed implementation of that plan with tools such as zoning ordinances, subdivision ordinances, and the like. The Government Code (Section 65451) sets forth the minimum requirements of a Specific Plan and states: "A Specific Plan shall include a text and diagram or diagrams which specify all of the following in detail: The distribution, location and extent of the uses of land, including open space, within the area covered by the plan. 2. The proposed distribution, location and extent an intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described by the plan. 3. Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable. -1- March 2011 405 La Paloma Specific Plan 2004-071 City of La Quinta Amendment No.1 4. A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out paragraphs (1), (2), and (3)." The establishment of specific performance, design, and development standards is set forth to guide the development of the subject property in such a way as to implement the General Plan while maintaining some flexibility to respond to changing conditions which may be a factor in any long term development program. The document also acts to augment the City's Zoning Ordinance by providing particular design guidelines, a tailored list of allowable, conditionally allowable, and prohibited uses for the site, and unique development standards. The site plan, architectural and landscape illustrations in the Specific Plan establish a design theme with detailed perspectives. These illustrations are conceptual and do not constitute precise pre -construction drawings. EXECUTIVE SUMMARY La Paloma is a proposed full service retirement community located on approximately 14+/- acres on the northeast corner of Washington Street and Avenue 50 in the City of La Quinta (Exhibit 2 — Aerial Photograph). The General Plan designation of the site is RMH/Medium High Density Residential (pursuant to the adoption of Resolution 2004-150). See Exhibit 6 — General Plan Map. The Zoning designation is RMH/Medium High Density Residential (pursuant to the adoption of Ordinance No. 413). See Exhibit 5 Zoning Map. The project site fronts Washington Street which is designated by the City's General Plan as a major arterial, and abuts Avenue 50 designated as a primary arterial. The site is vacant and generally flat and has been grubbed and leveled in the past. The site was previously entitled for single-family subdivision in the early 1990's but the entitlements lapsed. Property to the immediate east is the CVWD evacuation channel. Further east on the far side of the channel is the City Park and Sports Complex as well as the La Quinta Middle School and single family residences. Surrounding property to the North is subdivided and mostly developed with single family residences & directly west across Washington is La Quinta County Club. Property to the south is vacant and zoned for Medium Density Residential. Site photos are illustrated on Exhibits 7A and 7B. The project will operate as a multi -unit residential community catering to older adults desiring access to various on -site services. Programs and services such as dining, housekeeping, laundry, transportation, social and recreational activities are provided on -site. La Paloma will utilize a "supportive living" approach to provide services in a home environment, blending in the latest knowledge and expertise from the -2- March 2011 to 406 La Paloma Specific Plan 2004-071 City ar La Quinta Amendment No.1 various long-term disciplines (Exhibit 4 Site Plan). Additionally the project site will be environmentally responsible and will take steps both during and after construction to insure minimal impact to the surrounding neighborhood and a positive long term impact on those that will. reside and work at La Paloma. Residents of La Paloma will be charged an entry fee based on the unit type selected and a monthly fee that will be determined on the service needs and desire of the patient. There will be no independently owned units within the project. The Environmental Conservation Element of the General Plan.identifies the site as having no significant issues constraining, the property. THE PROCESS The purpose of a Specific Plan is to provide a detailed plan for a selected area within the City for the purpose of implementing the General Plan. The Specific Plan outlines and directs all facets of development for the site. The standards of development delineated in this Specific Plan create a link between the General Plan and Zoning Ordinance. Implementation of the Specific Plan is intended to carry out the goals and polices contained in the La Quinta General Plan in an orderly fashion. The project will require approvals from the City of La Quinta for amendments to the Site Development Permit and to the Specific Plan. Each of these applications shall be consistent with the previously approved Specific Plan document. In addition the City will review the building construction documents which must also be consistent with the Specific Plan and . Site Development Permit approvals. The project and the various applications that are necessary to complete the entitlement process shall be consistent with the ordinances, policies, and regulations of the City of La Quinta unless otherwise approved within this Specific Plan. RELATIONSHIP TO OTHER AGENCIES In addition to the approvals and actions on the part of the City, permits will be needed from the Coachella Valley Water District (CVWD) for connection to water and sewer lines. Other infrastructure extensions or connections will be required by the Imperial Irrigation District for electrical power, Verizon for telephone service, Southern California Gas Company for natural gas, and Time Warner Cable for cable TV service. Coachella Valley Water Avenue 50. They contrc landscape of its property District controls a portion of the slope area adjacent to I any drainage into the channel. and any alterations or -3- March 2011 407 La Paloma Specific Plan 2004-071 City d La Quinta Amendment No.1 A skilled nursing facility component was previously proposed and would have required State approvals. This component has since been eliminated and State OSHPOD approval is no longer necessary. The assisted living and Alzheimer/dementia segments of the community will be licensed by the California State Department of Social Services as Residential Community for the Elderly (RCFE). RELATIONSHIP TO THE GENERAL PLAN All development within La Paloma Specific Plan shall be consistent with the provisions of the La Quinta General Plan. The proposed General Plan Land Use for the site is shown in Exhibit 6. Among the important provisions of the General Plan that will be implemented upon the development of La Paloma include: • Land Use - The General Plan suggests that the appropriate locations for Medium High Density Residential Uses include areas where planned community facilities, major vehicular transportation system access, appropriately sized utilities, commercial services and employment uses are easily available, and where adjacent development is compatible. • Land Use - Medium. High Density Residential Uses should be located close to park/open space uses such as neighborhood and community parks, schools or other recreational facilities. • Land Use - Medium High Density Uses can be used to buffer lower density residential uses from commercial facilities and arterial roadways. • Circulation - The Circulation Element of the General Plan outlines the design and location of required street improvements to complete the transportation system in the City. La Paloma will complete the unfinished portions of two important links in the City's circulation network: Washington Street and Avenue 50. Possible improvements may be sidewalks, bicycle links, bus stops, and signal improvements. • Roadway Image Corridors - In addition to roadway improvements, the project will implement special roadway corridor improvements which will evoke the unique identity and character sought by the City of La Quinta. Washington Street is identified as a Primary Image Corridor and Avenue 50 is shown as a Secondary Image Corridor. • Water Quantity and Quality -The Specific Plan outlines the use of drought tolerant planting and irrigation techniques and incorporates a grading concept designed to detain stormwater on site. • Infrastructure - The Specific Plan incorporates plans to complete the infrastructure that lies adjacent to the project site. 4 - March 2011 SIT h / i ill HIGHWAY I I I . AVENUE 48 CUTY OF LA allDMTA SAGEBRUSH PALM DRIVE . 0 VICINITY MAP N.T.S. Q ' EXHIBR 2 o,a�„ 4vFiN sa6CON�UL Aerial Photograph Exhibit410 Lci Poloma Specific Pion Mmsm ,®�,G� m� °0®• r� t� m'v0 ASH It • Date Palm Drive? .. ••,,` ` 1� II � � _ �OpL .• (/•'^�, + aid lr _ EXHIBIT 3 ter.. Ntsn C0NSUL7yjG• INC United States Geological Survey waoi�seuen,uoa.awo�men.cwmti Lo PC11omC1 11B 00 ' "" cam 329.7U3 Specific Plan 411 WASNINGlIX19iPEEl I� tp€E 1'E�E.11 I Ev����I1 9�}SRA 63635656 p 1&£SkS �5.6 E''d y Si'3SS I egeeay. HIM ''1Bv":k� . i E n o a o n & ° g B 0, ~� m D Y H N EXHIBIT 4 MSA CONSULTING. INc lump a Ci9. bm®o a Ym Mamw Site P ! CI Pl LG7 POIOITO Specific Plan WW bBsl mn.t.®roo .G faTA TM�A9D9p1iPiCM 'm 412 4 w�z s sz €ill.§ � 3- A EXHIBIT 5 IV MSA CONSULTING, INC Existing Zoning M a p Lcr F'GtlomC! Specific Plan waaa m.wrv..�u�.Imum.GW= TMmE"'�'b°'91p'n.:t�maam� 413 rm BE100 BEOUBEBEz OMER o S i. a. ^ N R jo F 3 y y 9 p& 9 q$ n p o 5 m m m y_ eq- $ m E o H K W yY O v@ qg3@ E 'E d 0 C n Qq n- n Z to x u- i j rn s 3 o s z E N e S E K K E EXHIBIT 6 Lo Polomc.::p EXHIBIT TA QV MSA CONWLT!jll. INN Existing Site Photographs (1 ofe..mo.a.n.. x DWH Da .a;�o� .CAWM LcJ Polomo naeos-5 (MMm.F..cMm = Spaclffc Plan 4 N. 0 a 0 0 0 2 > > 0.6 >m z z m z > EXHIBff 76 re rN *Co wG, INc Existing Si e Photographs (2 of 2) RcAcDor-"c3 I F Spt--clfif-- Pic3n I �CWMD.M-P-CMMM 416 La Paloma Specific Plan 2004-071 City d La Quinta Amendment No.1 SECTION Ill. SPECIFIC PLAN PROJECT DESCRIPTION The project site consists of a 14 acre parcel located on the northeast corner of Washington Street and Avenue 50 in the City of La Quinta. The site is currently vacant but has been cleared and grubbed. It was previously approved for the development of a single family tract of houses (Tentative Tract Map 26148) in the late 1980's and the approval was extended into the early 1990's. However the entitlements were allowed to lapse. The project site abuts a mostly built out established tract of single family homes which take access from Washington Street at Sagebrush Avenue. La Paloma is a proposed full service retirement community complex that will offer 208 living units to older adults. There will be 117 units of independent living, 20 cottages, 54 units of assisted living and 17 dementia Alzheimer units for residents to choose from. The project will have one and two story buildings with a maximum height of 25 feet. Cottage units are spread around the outside of the project to reduce the height at the edges of the property. The independent living section will act similar to a hotel with a formal drive to the front drop off area. The operation of La Paloma will be a residential setting that provides and coordinates housing, basic and personal care services, 24 hour supervision, social activities and health related services to all 3 unit types. The project is designed and will be operated to accommodate individual resident choice of activities and interest, as well as, personal and health care needs. Using an Equivalent Unit basis for determining the project density, the maximum resident population based on available beds is 261 persons and maximum staff shift is 52. Using the City standard of 2.85 persons per unit, the equivalent density is 110 units, or 7.85 units per acre. A full scale of on -site amenities will be provided to residents. Outdoor activities will include a pool, putting course, dog park, gardening areas, a covered bar and barbeque with dancing area. Indoor amenities will consist of a library, computer center, activity rooms, billiards, salon, fitness center, bistro, wine bar and dining room. Nutrition, diet and exercise consulting will also be available. Daily scheduled and on -call transportation services to dining, shopping, and appointments will be made available to serve residents needs. The assisted living will have its own dining room and activity spaces. The dementia portion of the community is a secured setting with electronically controlled ingress and egress. The building will have an enclosed garden and a large great room for activities and dining that will include a country kitchen for both staff and residents. The assisted living and Alzheimer/dementia segments of the community will be licensed by the California State Department of Social Services as a Residential Community for the Elderly (RCFE). - 14 - March 2011 418 La Paloma Specific Plan 2004-071 City of La Quinta Amendment No.1 The complex will have a.staff of approximately 96 full time equivalent employees. La Paloma will run a three -shift operation to provide around the clock coverage care for residents. The largest shift will consist of 52 people and will staff the community during the normal weekday period (business hours). During the evening shift the number of employees will drop to approximately 32 people while approximately 12 will work overnight shifts. Staff positions will include administration, trained nursing staff (RN/LVN), housekeeping, dining services, building and grounds maintenance. La Paloma will be an environmentally .sustainable community that will help facilitate and encourage health and wellness for•residents and employees. The project will create community connectivity through access to public transportation, and encourage carpooling of employees. Recycling 'within the project through the use of collection bins will also be encouraged. Water and energy efficiencies will be implemented through out the project by using high - efficiency, low flow rate plumbing fixtures and Energy Star rated appliances. Architectural features, such as color, materials, and shading devices will also reduce the projects energy demands. Landscaping will meet or exceed CVWD water budget requirements., Parking for the facility is primarily located directly off the perimeter drive. The perimeter drive is proposed to provide fire and safety equipment access as well as servicing to the complex. The site plan complies with required • landscape setbacks on both Washington Street and. Avenue. 50 and employs a single vehicular access from each street to the, site. These standards are consistent with the adopted image corridors established in the General Plan. The site is irregular in shape and the development is constrained by the shape, as well as the additional street dedication on Washington to comply with the General Plan and the staff request for additional right-of-way to accommodate a dedicated right turn lane. The project proponent previously dedicated full General Plan Right -of - Way for both streets. The two story buildings are, located a minimum of 75 feet from the existing single- family homes located on the south side of Saguaro Street. The proposed cottage locations require a minor variation from the 15 foot setback to the rear of the housing units by asking for a minimum setback of 12 '/v feet but the overall average meets the Zoning Ordinance requirement. ART IN PUBLIC PLACES The, requirement for Art in Public Places will be satisfied in accordance with Chapter 2.65 of the La Quinta Municipal Code. - 15 - March 2011 419 La Paloma Specific Plan 2004-071 City of La Quinta Amendment No.1 INFRASTRUCTURE PHASING The infrastructure improvements required in conjunction with this development will all be installed and completed prior to occupancy of the facility. All of the adjacent infrastructure improvements adjacent to the site will be improved with the initial development of the property. GRADING / DRAINAGE / FLOOD CONTROL The site will be mass graded and it is anticipated that there will be an export of material from the site, as the property on the south side of Avenue 50 is noticeably low. There may be an opportunity to equalize the two sites and minimize the number of truck trips needed. Due to the sensitivity of the neighbors along Saguaro Street, the building pad elevations will be established at an elevation of 47 feet, which ranges from level with up to 5 feet lower than the adjacent homes to the north of the campus site. Overall it is anticipated that approximately 15,000 cubic yards of export material will be moved from the site. Stormwater, including that from a 100-year event will be stored on site in underground retention facilities. As an alternative, a regional assessment could be undertaken to determine the feasibility of discharging flows into the channel after first flush. To do this the City and CVWD would have to see an analysis that showed there was adequate capacity in the channel when the subject property was discharging storm flows. Due to the adjacent Evacuation Channel, CVWD has noted that the channel water surface elevation is established at 48 feet (above sea level). They will require that the site development plan and street improvement plans for Avenue 50 are designed and constructed to contain a water surface elevation of 50 feet in order to maintain channel integrity. The Preliminary Grading Plan is shown in Exhibit 9. EROSION CONTROL The grading operations shall include adequate provisions for wind and water erosion control. both during as well as after grading operations have ceased. The details of erosion control shall be included in the project's Storm Water Pollution Prevention Plan (SWPPP) and PM 10 Plan. Prewatering - The site shall be prewatered to a depth of three feet prior to the onset of grading operations. During Grading - Once grading has commenced, and until grading has been completed, watering of the site and/or other treatment(s) determined to be appropriate shall be ongoing. Post Grading - All disturbed areas shall be treated to prevent erosion for the term that the area will remain undeveloped. Wherever feasible, final landscape and irrigation shall be installed as soon as feasible after grading operations have been completed. - 16 - March 2011 -0-'' 4 2 La Paloma Specific Plan 2004-071 City d La Quinta Amendment No.1 SWPPP/NPDES/PM 10 Since the Coachella Valley, experiences periods of moderate to heavy wind conditions, wind-blown dust and sand is a concern with mass grading operations, especially those in excess of five acres in size. Because of health concerns, the Environmental Protection Agency has instituted a plan in the valley to curb excess PM .10 (small particle dust). The City also participates in the National Pollutant Discharge Elimination System program. The City of La Quinta requires SWPPP, NPDES and PM 10 plans to control the wind and water born erosion associated with such grading operations. The project will comply with the City's requirements relative to these programs. - 17 - March 2011 M 421 uoid Sulloads col MF13[ tm0 •.a • lusaxc (on) u. u�JId u1pt�J� I�u1l,UlIaJd a......r m.!•�+.o•mo.a. Dxi'orur'MsxoD VSNI 61181HX3 ;�I€ Is�i(� _ r •.� §"uz� ' a-- -07 7 i i �l,Py: �r i 4 a �. �, 1 9f �• - f i ili! i11 elp i iayl�el. Ieilgag q l Y� lifflii43r1�s6i91fiillil I:I�a a P!!i b = i # � $1 20. 8t�6;I p qgp ittp ii i i i e! 5 , t l9Sii e a i as 9e ai�li i!� N I I I I I I i ' '•• � .1lile �aildll� g ! 1 leig;€ lvffli I S g��T i o �. °� � o.,� . e I J � ! � ' � �l31➢4L��ltie n C i r r �I It4 R r �I it S a lag R cit I� .F i It OM— K r 4?_2 La Paloma Specific Plan 2004-071 City of La Quinta Amendment No.1. HYDROLOGY La Paloma lies in a Zone X Other Areas flood zone as determined by FEMA, Community Panel Number 06065C-2241G, revised August 20, 2008. Zone X includes areas to be outside the 500-year event. There are no tributary flows that have to be accommodated in the development of the site. Exhibit 10. FLOOD, CONTROL MASTER PLAN The stormwater drainage system in the City of La Quinta is administered by the CVWD. Generally speaking, the system consists of improvements to the natural drainage channels that run through the City. There is an existing storm drain located in Washington Street that collects storm water and conducts that flow into the adjacent evacuation channel via a storm drain in Avenue % Water collected in the evacuation channel then feeds into the Whitewater River and ultimately to the Salton Sea. ON -SITE STORM WATER DESIGN / PWQMP The City of La Quinta in conjunction with the CVWD requires each development to include provisions for handling storm water attributed to the site. The design storm which creates the worst case scenario is a 100-year, 24-hour event. Each development project must either retain the 100-year storm on site or discharge into an approved storm water system after first flush containments have been removed. The initial storm water design concept for La Paloma is to retain the storm water on site in underground chambers. A Preliminary Water Quality Management Plan will be submitted as part of the Site Development Permit, showing how the first flush containments will be collected and removed from the storm water prior to percolation or dewatering. NUISANCE WATER Nuisance water attributed to the project will be collected and directed to the underground retention areas if that is the final method chosen for handling stormwater. If a direct discharge approach is proven feasible, nuisance water will be directed to one or more dry wells which will, also handle first flush capture and treatment prior to being discharged into the evacuation channel. The amount of nuisance water is expected to be reduced due to the use of water efficient landscape and irrigation materials. - 19 - March 2011 423 La Paloma Specific Plan 2004-071 City of La Quinta Amendment No.1 UTILITIES La Paloma is well served by utilities and is situated in a corridor planned for a relatively intense scope of urban development. Utility extensions will be minimal with most utilities existing at the perimeter of the site. Some upgrades will be required by the individual utility companies providing service to the property. Several overhead utility lines exist along Washington Street, Avenue 50 and along the evacuation channel. It is the intent of the development to underground all of the adjacent overhead utility lines with the exception of the transmission lines following the alignment of the evacuation channel, as required by the City of La Quinta and regulated by the Imperial Irrigation District. Exhibit 11. Street improvements implementing the project conditions of approval will be installed concurrently with the construction of the project and will be completed prior to occupancy of the facility. SEWER PLAN Sanitary sewer facilities for La Quinta are provided by CVWD. Sewer mains are located on the west side of the site in Washington Street, in Avenue 50 and also in the Evacuation Channel at the southeast corner of the site. Sewage will flow by gravity to the main. No upsizing of facilities will be required. The on -site sewer system will be private (see Exhibit 12). WATER PLAN Water facilities for La Quinta are provided by CVWD. An 18" main exists in Washington Street and there is also an 18" main in Avenue 50. The on -site water lines will be connected into the existing infrastructure network in at least two places to avoid "dead-end" lines. CVWD WELL SITE No well site is being required for this site. The nearest well is located outside the site near the northeast corner of the site. ELECTRICAL PLAN The Imperial Irrigation District provides electric facilities in the City of La Quinta. The District indicates that the design of the electrical service will depend on final load calculations for the overall project. The District will require the installation of underground facilities throughout the project. Existing power poles located on Washington Street, Avenue 50 and the north property line will also be under - grounded as allowed by I.I.D. - 20 - March 2011 424 La Paloma Specific Plan 2004-071 City of La Quints Amendment No-1 _ OTHER UTILITIES Natural gas is provided by the Southern California Gas Company. The nearest facility is a' 6" line located in Washington Street. The project 'site will independently connect into the gas line. Television cable service is provided by Warner Cable with the nearest facilities located in Washington Street at Saguaro Drive abutting the site. Telephone service will be provided by Verizon. Existing facilities exist in both Washington Street and in Avenue 50. Verizon expects to serve the project from these locations. Waste disposal service is provided by Burrtec Waste Industries. The project also proposes to implement recycling 'facilities within the project through the use of collection bins, and instructions to occupants and employees on their use. Waste and recycling materials will be collected on site by employees and brought to the central service area located near the main kitchen area. Burrtec trucks will have a one -stop point of collection for all waste and recycling materials. - 21 - March 2011 425 D L L ll� lmlp:llmll .111 ME MESE m EIS EE1E Uffm AIR% EXHIBff 10 a MSA CoNsuLTwo. lNr- Preliminary Hydrology Plan Lc:3 Rc:slorric3 I SplB(--ifl4-- Plan 426 EN,IWWATRN EX WWERFDRMt - _jExx�wsu ry—WA—MING =.=�IHEPlI6iJE_._ EX_1E1IMIOIaE F_q 1 �I .ff OI CAB o I s1101p, \ ON \, a Ny w� � ^\ EXHIBIT 11 \ \ \ /n MSA coN,TIN6• INC Existing Utilities weoae,a.,m,,,R ®,Bm.o,asm,F Lco PcBlomcB "'g°° 00 MOM - Fm CMM 3M � specific Plan 427 Uold '�;lc>ads r�wo�o,� 01 rat4a mr3:.a . m� rort.v.�t 1,, W2D6q•�•.O3m..•..®.W�BGEp[ "W\ UDId JGM2 S puD Ja;D/y� oulwgaJd m+..wvn•.®maa o•o...� JNj 'DNIL7ILSN0,7 t75`jAj \ \ Z L 1181HX3 s NOOf v.� Lj y—�.—�—•._� � �l-NIOYI'ViyNNa�M L M �.._ � �vii1W1+/�lldi�r�� 1 n' �WVW 3J-` i�Qi 9•Xi ' NOLLO3NNOO iO 1MOd 1 ""a31tlM.81'X3 ll VM O35Od044 0 z z z0 O z_ 0_ O 0 a La Paloma Specific Plan 2004-071 City d La Quinta Amendment No.1 SECTION III LAND USE PLAN LAND USE The land use designation for the site is medium high density residential (RMH). This designation will facilitate the proposed continuing care retirement community complex. DEVELOPMENT STANDARDS The uses and development. standards will generally be in accordance with the provisions of the La Quinta Zoning and General Plan- regulations. Should conflict occur between the regulations and the Plan, the provisions of the Plan and supporting text shall prevail. The following proposed development standards are applicable to the La Paloma Specific Plan and are meant to augment Section 9.40 of the City's Municipal Code. RESIDENTIAL PERMITTED USES RESIDENTIAL PROHIBTED USES Senior group housing 7 or more persons Guesthouses Restricted Senior Housing Non commercial keeping of, hoofed animals or fowl. Licensed Memory Care Facility A ricultural Uses Attached or detached casitas Parking of recreation vehicles Garages and carports Patio covers, decks, gazebos and outdoor terraces Fences and walls Clubhouses and swimming.pools, spas and cabanas 25 - March 2011 429 La Paloma Specific Plan 2004-071 City d La Quinta Amendment No.1 RESIDENTIAL DEVELOPMENT STANDARDS Minimum lot size for single-family detached or attached 3600 sq. ft. Minimum project size for multifamily projects 20,000 sq. ft. Minimum lot frontage for - single-family detached or attached 40 ft. Minimum frontage for multifamily projects 100 ft. Maximum structure height 28 ft. (36' for entry tower only) Maximum number of stories 2 Minimum front yard setback (non -garage portions of dwelling) 20 V Minimum garage setback for single-family detached or attached 25 ft. Minimum interior/exterior side yard setbacks for single-family detached and multifamily buildings 5/10 ft. Minimum sideyard setbacks for single-family attached Ton attached side, 10' on open side Minimum rear yard setback 15 ft. / 12 ft. requested Maximum lot coverage 60% Minimum livable floor area for single-family detached excluding garage 1400 sq. ft. Minimum livable floor area for multifamily units excluding garage 740 sq. ft. Minimum landscape setbacks adjacent to perimeter streets 3 10' minimum at any point, 20' minimum average over entire frontage Minimum common open area 30% - 26 - March 2011 430 La Paloma Specific Plan 2004-071 City of La Quinta Amendment No.1 Projects with five or more adjacent dwelling units facing the same street shall incorporate front setbacks varying between 20 feet and 25 feet or more in order to avoid streetscape monotony. Twenty feet if "roll -up" type garage door is used. 2 For interior setbacks, if the building is over 17 feet in height, the setback is five feet plus one foot for every foot over 17 feet in height or fraction thereof, to a maximum setback of ten feet. The additional setback may be provided entirely at grade level or a combination of at grade and airspace above the 17-foot building. 3 Does not apply to single-family detached if a specific plan is required. Landscaping and open area shall be per the standards of Section 9.60.240 DEVIATIONS REQUESTED FROM ZONING ORDINANCE 1. For the rear setback of the single story cottage units, the minimum setback shall be 12' but each building shall average no less than 15'. 2. Garage setbacks from the driveway shall be 5' or less or 20' or more. 3. Since the project mixes active, assisted and memory care type of units, the density calculation is being made on an Equivalent Unit basis using the City's 2.85 persons per unit average to calculate the net density. Thus every 2.85 persons in residence equal one unit. 4. Due to the inclusion of common kitchen and dining facilities to serve the residents, individual units are proposed at 675 square feet of.livable whereas the standard for multi -family units in the Zoning Ordinance is a minimum of 750 square feet. 5. Architecturally integrated parapets up to five feet in height are proposed (all structures to otherwise meet height standards). 6. One entry tower element may be allowed up to 36 feet in height. Such element shall be a maximum of 40' x 40' in dimension. 7. As the nature of La Paloma includes Assisted Living and Memory Care units and all visitors must enter the complex at the main reception area the parking arrangement may not meet the normal City requirement of 100 feet maximum distance from parking spaces to a unit entrance door. 8. Due to the multiple use and activity centers on the La Paloma campus, the signage program is requesting slightly larger sign faces (6.8 sq. ft. per face rather than the ZO permitted 3 sq. ft.) in order to facilitate traffic movement. ADDITIONAL DEVELOPMENT STANDARDS - 27 - March 2011 431 La Paloma Specific Plan 2004-071 City of La Quinta Amendment No.1 General Requirements: (A). Architectural projections such as roof overhangs, chimneys, awnings and canopies may encroach a maximum of two feet into any required setback provided such projections are no closer than three and one half feet from any property line. (B). Masonry walls or decorative fencing a maximum of six feet in height shall be used along the perimeter property line and public streets. (C). No patio cover, trellis, gazebo, arbor, similar structure or combination thereof shall cover more than fifty percent of the rear area required setback. (D). The minimum setback for front entry type garages or carports shall be twenty five feet, if a standard "pivot" type garage door is used, twenty feet if a "roll up" type garage is used and twenty feet for a carport. (E). Swimming pools and spa water surfaces shall not be closer that 5' to any side/rear property line and no closer than 10' to front property line or main structure. (F). Screening of common parking areas shall be provided in all residential projects. (G). Roof mounted utility and mechanical equipment including but not limited to air conditioning and heating shall be screened and an integral part of the roof design. Screening parapets will be a maximum of five feet. Modifications and Amendments Specific Plan Minor Modifications The following constitute minor modifications to the Specific Plan not requiring a Specific Plan Amendment and are subject to review and approval by the Planning Director. The Planning Director shall have the discretion to refer any such requests for modification to the Planning Commission. Change in utility and or public service provider. a A maximum shift of ten percent (10%) of the total number of various unit types provided the total number of units or density for the entire Specific Plan area does not exceed that established in the Specific Plan Amendment. Minor changes to the landscape materials, wall materials, wall alignment, entry design, and streetscape design, which are consistent with the - 28 - March 2011 La Paloma Specific Plan 2004-071 City of La Quinta Amendment No.1 conceptual design set forth in the design guidelines, contained within in the Specific Plan. ■ Minor changes to the design guidelines, which are intended to be conceptual in nature only, and are intended to be flexible in implementation. ■ Other modifications. of similar' nature to those listed "above, which are deemed minor by the Planning Director, which are in keeping with the purpose and intent of the approved La Paloma Specific Plan Amendment and which are in conformance with the General Plan. Prior to the Planning Director making a written determination as to the substantial conformance of a revised plan in accordance. with, the standards set forth in the approved La Paloma Specific Plan Amendment, the applicant shall prepare a written request that addresses the nature of the revisions an dhow the revised plan complies with the adopted Specific. Plan Amendment standards. The applicants request shall. be accompanied by appropriate graphic and or technical information 'that supports the revisions. Specific Plan Amendments Amendments to the La Paloma Specific Plan Amendment may be requested by the applicant at any time pursuant to Section 65453(a) of the Government Code. Amendments shall be processed to pursuant to the provisions of the Government Code for Specific Plan Amendments. In the event the proposed amendment requires supplemental environmental analysis pursuant to the California Environmental Quality Act (CEQA), the, applicant(s) are. responsible for preparing the necessary CEQA documentation.. Modifications to Approved Gradina Plan Final grading may vary from the projects approved tentative map within the following restrictions: , 1. Finish grade elevations may vary by,up or down .5 feet within the first 50 feet adjacent to. the northerly property line an d1.0 feet up pr down elsewhere,on the site. 2. Final grading plans may be altered due to 'minor changes` in building configuration, door locations, parking lot revisions, CVWD _requirements and changes in ADA paths of access. Parkina Reauirements The City of La Quinta Zoning Ordinance prescribes a total of 1 space per unit (.5 spaces per unit primary parking and .5 spaces per unit for guest parking) for senior housing projects. The Ordinance further requires one parking space per each four beds in convalescent hospitals, nursing homes and the like. These standards cover- parking needed both by the residents as well as the staff for the facility. 29 - March 2011 ;. 433 La Paloma Specific Plan 2004-071 City or La Quinta Amendment No.1 Using the current city standards the required parking would be 197 spaces for the various independent and assisted units and 6 spaces for the memory care unit. The total parking provided is 246 spaces which leave an excess of 32 spaces to help with peak periods of parking overlap during shift changes, occasional visitor spikes during holidays and the like. The applicant is comfortable with these ratios based on extensive experience with this land use type. Carports /Garages Flat roof carports shall be utilized on the project site. The previous site plan was approved with some carports abutting the single family area to the north. The revised site plan has relocated the carports to the south side of the perimeter drive and is now a minimum of 105' setback from the adjacent single family. The standard for covered parking is '/2 spaces per senior unit. The project proposes 113 carport spaces and 20 garage spaces which meet the 97 spaces requirement. Fencina and Walls The service areas shall be effectively screened from view by masonry walls of the same or complementary materials as the main building walls. A uniform perimeter masonry wall shall be constructed along the northerly property line of the northern parcel. In those areas where existing masonry walls are present and in good condition, the walls will be stuccoed and painted to match. In areas where there is either no wall or a wood fence, a new 6 foot high masonry wall will be erected. If requested by any of the property owners abutting the project, the perimeter masonry wall may be up to 8 feet in height (see Exhibit 13). A combination of solid walls and view fencing may be used along the street and channel frontages. Parking areas may be screened from view from the street by either solid walls or landscape materials. A minimum six foot high, decorative masonry wall will be necessary along both public streets to reduce the noise levels impinging on the residential uses, thereby exceeding the Zoning Ordinance Standards. Liahtina On -site lighting shall be designed to be consistent with the City's "Dark Sky" ordinance. Vehicular entries from both Washington Street and Avenue 50 shall be lighted in a manner that will make them apparent and stand out at night. Pedestrian walkways and entries shall be lighted using either decorative fixtures or landscape lighting. See Exhibit 14. All lighting shall be designed and located so as to confine direct light within the project boundaries (including landscape buffer areas located along Washington Street and Avenue 50.) Landscape lighting is preferable to area light standards. 30 - March 2011 434 UnId 014100aS UVJOIt7d O.j - twsm00 wd -U* (w w omvo•aat ...�a.me.oe000c 4lglux3 4uownuow puo 'aoueA 'IIDM =oN vS �w Vjp E L 1181HX3 ° x ; 80<° of l.i.T.\ I Z� gllall p . vi OWy( f R 435 uold Z>!dl0edS owo�od o1 ur>Id mu+acaw•.a.msoacau�a� asuw•�nm.a...m.oe�eeoac mo�.m..V o vsw trL UlIHX3 Z� 436 La Paloma Specific Plan 200"71 City of La Quinta Amendment No.1 :SECTION IV CIRCULATION La Paloma proposes to develop the adjacent street system in a manner consistent with the.City of La Quinta General Plan Circulation. The property is located on Washington Street, designated by the City's General Plan as a Major Arterial requiring a half street of 60 feet. The site also abuts Avenue 50 designated as a Primary Arterial for which the General Plan calls for a half street of 55 feet. OFF -SITE CIRCULATION SYSTEM The existing conditions around the site include partial improvements on both abutting public streets. The General Plan standards for improvements which will be required in conjunction with this project are consistent with other recent road improvements for both Washington Street and Avenue 50. The construction of the required improvements will continue the process of implementing the adopted General Plan Circulation Plan. Expanded pavement, curb, gutter, median and sidewalk/bike path improvements are planned for the project's two street frontages. Signal upgrades may be required in addition to relocation to the ultimate improvement location. Exhibits 15A and 15B show the proposed cross sections for the streets affecting the project. ON -SITE CIRCULATION SYSTEM The 14 acre site will be serviced by a perimeter drive which has two basic functions: fire department access to all buildings and service vehicle access to the projects delivery area located on the north side of the facility. The nature of the operation of this complex will entail approximately five delivery trucks per day ,with all deliveries being scheduled during normal working hours (9:00 a.m. to 5:00 p.m) PUBLIC TRANSPORTATION Bus turnouts and shelters may be required as a part of the project's public street improvements pursuant to requirements of Sunline Transit and the Public Works Department. Prior to issuance of building permits for individual Site Development Permits, applicants shall submit a Transportation Demand Management (TDM) Plan to the Public Works and Community Development Departments. The plans shall address capital improvement and operational standards as set forth in the City's TDM Ordinance. Any transit related improvements required by the Sunline Transit Agency as a condition- to development will not constitute compliance with the plan submittal requirements. K*l March 2011 431 z V1 =�o 0 N �-I m m m H m m n H 0 Z Z m X D EXHIBIT 15A e a n c F� �il� /`II MSA CoNwLmNo, ixc Washington Street Cross Sections Lco Polor"cl Specific Plow � Cw jmw • p- (M �" m 438 mrub m— �Z� � C 4 m Ml T z a5 EXHIBIT 15B DI m ?Z N C m 2 qr% MSA C0Nsmrua6, INC ,�.�.�.. a m®... �.....� Avenue 50 Street Cross Sections M10.bm.no..-R. kft. .Ck9m T � (M "°°°" F" (UM UW94 ' Lci Pc3lOma Specific Plan 439 uold o!dlC)adS rowojrod col a44al�d ��-+�Id uusawFu..a•,Qa�nuD®Rw Ru`r„°r.wemY"°'Ra'as"°°ou` SOD vs'K"a 9l 1191HX3 NI4iQY0 iTMNiMQrLTMMiI/YIII®i ON Q/{iMNi1NlORMimliFlYi NI _ _[�afwm,Qoo .sarF wa®atv aFo,wFm,r DYFUMA aMwMmni'u LDODJ®era{as ad -- r -- � "to, i ,FuwoYC Q„�gws,r®Qn O.f DHDtYDYraQORr Fell•• __ - - I we, r v"aw �Q v RQ r {m Q R Ca rQ••wF ®FFwf,rt•DDObOQt ri - .. wruenvoruoora,a amfaa{Qylrr m 11 Muinw„auti �awoFwrmn Fn FYFRpIUWRJQ QIpDY(lq 0a �-ao, ---gym, m, � �� -m, r"oa Y v, r wi-{-e o trro{r tlwD•�uYDmetln ao Dnoon to•ou•Rwoow F]f -' �anrarnm .,ar,otaufv�en Y nr -_.waeso _- aea{vr _F✓'/,` .._ aQRaoMvrw--Q�Qir•ownwrm I YTQIMOM �.WDMWYVIIMMgC{___�"/�1��\•I' I -- I -wot T- ee� w -rsnr�_ma -oQ,nr� _ma 'llRnr m{ rtnl-Te r-Fm rMM f -R ITO _ — _ms �r_Ol �� rsre.-•--_ YtWIWIgiN Yl mO --"m{�_l-ml-i__M f ml O R MCl1TJM{-]ILIMO]INBaNNQYY- -NY -_----_YLNUYOfG'--.-_`-___XfM1YiMQl➢IL�-_LL ____- iYelFJDI YMIORfIQIAlIi _9 �iwrwM. 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RO mol '— urFlaMl-Yw `DMYWWiO _ ----------- Or/ -_ smBIU-lq*O m• Q _ T- eo• � T-m• _-�.-.mf -- .-ml 1 mf � -i mi v"tru vm, �iFOI ({OI � OI (-{ol r•ql --- �a s • 1.Or�_- I R � • Q I ma m• ma - ,- M _MFM T I 1WD1 4ml F IfOt M,I_Q,OrfO _ VIGIYQOIOeM i_ �mvnQ wa jI� f-m, �o _�—,rrwvnQ MOfYWIfD){ - -=• � -_ Fmwrallaml - O{IFaaDFMe-- aat4s FaJ\� dY{1FC1 �ON+N y v P-m P W1--�F Q ,a¢M MHIYY m 9RIll1,MRl�__MY,d[NMO[O _ -QOUM�'1-,-OlM (-aOl - ---�1®YML itO09Y,�O�{IW R FnuvnQTar 4oFIDoITrG{ � TT s:rrn avowvmT�osw �r w_J_{ r �m i rol � ww F{,o _ , _ iJMO'lH„I,iNl,iaa _wvalwuvamaRF,IQRIIn I - umr�n ®noa� auoQ�mnnnwrFaPi '. ,vRaast� nwwaw •Y 1 o s? av_nwolTm�w r of 0 Ftr•eoQ easx � r o� Q - -_ - •n,,.warm6 __ _ ,rtiome,,uor _ - N11olL� - -—vrn{aYolol`,w aron{voi 1 mvaouf �r g � � • CN3D31 11Kk l La Paloma Specific Plan 2004-071 - City of La Quinta Amendment No.1 SECTION'V. DESIGN GUIDELINES";. LANDSCAPE CONCEPTS The landscape concept follows a "lush oasis" theme while emphasizing water efficient materials exhibiting color and form. A planting palette is shown in Exhibit 16. Entry areas are treated with a formal layout of Date Palms and Shoestring acacias with a feature fountain at each that will utilize re -circulated water and concealed basins to conserve water. Perimeter areas are treated more informally and include mounding with random massing of shade trees such as Palo Verde and Thornless Cascalote with groupings of shrubs such as Texas Ranger, Bougainvillea and Lantana to soften the 6' perimeter plaster wall with ancient pilasters that will match the contemporary architecture. Courtyards are each treated individually with separate themes and activities to differentiate spaces. Overall courtyards may be treated with a more lush plant palette due to shaded conditions brought about by the multi story buildings. Lawn is limited to usable active areas, in an effort -to keep water use to a minimum. The landscape concept is shown in Exhibit 17. SIGNAGE Project identification signs are anticipated at each entry. The signage will be consistent with City of La Quinta sign ordinance requirements except for slightly larger directional signs at each entry. Such` signs shall be architecturally integrated with the wall and landscape designs and limited to one project identification sign on each frontage with no more than 24 square feet of sign face per sign. Other minor signs will be consistent with City or state/federal requirements. See Exhibit 28 for main project signs and directional signage. GENERAL ARCHITECTURAL THEME The project will feature a desert contemporary theme in shades of tan, gold, gray and blue. Stucco will be the primary exterior building material. The project will have one and.two story buildings plus architectural projections at the entry area. Stone elements will be incorporated at the project entry and at each primary entry to the building. The stone element will also be utilized for low seating areas, fountains and shading devices. The simple palette of materials will enhance the desert contemporary architecture style. All the materials are selected for their ability to withstand the extreme temperatures in the desert. See Exhibit 21. -36- March 2011 441 R 4L�e� Icy( 5(/j mP i. i t' �,l ^ t L • id 1 � � J R f;, ,� � i; , � l ,, ,• r :; L 3 1 r � • a MEE • .. �1 Il..m. R ir s A S: j _ y y 2 I m 2 P C y A n k y+ t ., t .�y k 3 eN N I- Nw n o ! Jit :ar 0.4 Oop s i t ! i � `*.L la Palom a �. 1 e{ WaNirptm SUret 9lre- ' U Wx "Orina 93353 P ancre. raema • EXHIBIT 21 i€ itrisl euom FN to. o... coNsue.mmm . m'jomir smeo Architectural Perspectives Lo Paiomco specific Plan �aao ea eu. m... �..�•�m.®.amlo m�nem>avo�•p..amas�J Elm > > A p e tAi A Z D 2 , P 2 2 P C P A � m P T m A y D A. v yiiii::-.t �, l� Evgs pF Sije: i3gr.t••.it� 1If fixi a tii a;g}sgssti6� gt €ascglslygl�§t$ it d i�itlki a€!.S y83723a "i i;. ia..--_C___..__' t..__'__..__e....... 95E5 ke l9 E3l �� v:S C5ttit: Ciii[!]i5 41 :3Bt3 t:l CC:G12�e.2Y[d.:6Yiidtti:3 _ a 1fggiEai�!`:itE,�`e�g a i§iil� t. v i :�t� itSi3tt Ei 5eif4ti it,![ dl 6in sEC, ; ' �3lS6�1814 jt'lif 1M18; I tP I i t agl iY61Afl1i4,aAil a;'� it • `��d;'3�i'ii9€cygg gtrx���lyi� � I Ir' - Ci e£•CSr:e?+8'?3; i1E3 1e 9:.F jjj 3 I !.i Y il! it 0 0 i La Patom wasmrotm kM1lf aA.e�we W.tnQmm� ewuomw vusi lCIP.fl9 EXHIBIT 22 MSA CONMLTMO, INC Main Building Plan - 1 st Floor 4uAnw . ay. mmmaY . I.m tm..Ym YYmtl ee•su.iLt4Y. wt>o 1m.A.a oaA La Pc3lomc3 Tn CMR,MANNA 'P.ic mYa46l Spacific Plan 441 > ago a o v 0 j? Z U$ y i _ Z~ _ 11 M x J <-> La Faloma so vzzv ANN EXHIBIT 33 448 MSA CONSULTING, INc Main Building Floor Plan - 2nd Floor Lc3 Pc3lomo Specific Plcin umo as m. m.. •f,®�m.m.a mso m:m tmW mosm • F.. owe msm 2 4� '�I aA a MEN MIL f l y = y z9 F' N o i I N 5 O\�`I W€. �a'l :r-r;, k ; L6 Paloma wa iqo See @lven e50 aQWmat darn 9U53 pa.u. YL-SA4Mmmtleb. Ln 19 Iy LnflM UOIDY 1 z EXHIBIT 24, CONSIMMNO.INC Main Building Elevations Ramaa9"•wwa@"m ®.avmQ MAC., VV 'Ru("MMM La Pcilomco Spaciflc Plan 44c, a MEN a O A i n x A � _ y Z • =2 _ 9 to 2 —I z c>c n A m n T V m r j n N N Viii. II m i La Paloma WaWngion Sow E tense W, u Wnu California 92259 w�i upa.:e. ut.msum.w .s, �. rm un,eM, uamm EXHIBIT 25 MSA CONSULTING. INC Cottage "A I" - Floor Plan and Elevation Lci Poiomo Specific Ptan FAVIN ,nro,sm,m,,�m,mm,Gvr„ +*� • "� m^a 450 La Patoma Wav NtonStreet4,.ewWQWCalM nia9253 w4 Q ,., .1 - . .—. .,. .11, 3. EXHIBIT 26 MSA CoNsuLmNa, INN Cottage "AT- Floor Plan and Elevation ov T� CM 32MM - Pm CMD) 3MI93 Lci Pc3ic::>mc3 Sp4ag--Iflc Plan. ZI 1 451 Da Z [ 1 la Paloma e L waLuagmn Sven a Al 50 to Qnnu Calll^mla 93153 EXHIBIT 27 ID.,,�,A,,,, n.MSMSA Coxs[n ruaa, INC om ®woo . 0 w.mo Cottage "B" - Floor Plan and Elevation ®�a,� TM� � •"•�°0 a'A°3 Lco Polomco Specific Plcm 452 K7e \k| m 1 r% MSA CoNsuL7v4o, INC Monument and Directiona I Sign Exhibit v (70 no'm - (M 3w L4--s. 1 1 SPOCKIC P IC3n 453 APPENDIX ONE GENERAL PLAN ANALYSIS 454 La Palma Specific Plan 2004-071 City of La Quinta Amendment No.1 APPLICABLE GENERAL PLAN POLICIES The General Plan of the City of La Quinta includes Goals, Policies and Programs that were deemed by the City necessary to properly implement the plan. Following is an evaluation of the key policies and programs (in Italics) that affect the development of the subject property and project compliance. LAND USE ELEMENT Land Use Goals, Policies and Programs Program 4.2. ° For approved Specific Plans, the Director of Community Development shall have the ability to determine the substantial conformance in the Specific Plan, and waive the need for a Specific Plan Amendment under the following circumstances". • When changes in the land use allocation within the Specific Plan are less than 5%. ■ When no new land use is proposed, • When the off -site circulation pattern and turning movements will not be altered by the proposed changes. The La Paloma Specific Plan provides methods for alterations to the Plan that conforms to the guidelines of the General Plan. TRAFFIC AND CIRCULATION ELEMENT Traffic and Circulation Goals, Policies and Programs Program 2.2 Review new and redevelopment projects along Washington Street, Adams Street and Highway 111 with the intent of limiting, access and aligning and or consolidating access drives in a manner which minimizes conflicting turning movements and maximizes the use of existing and planned signalized intersections. Program 4.2 When reviewing development proposals, consult and coordinate with the SunLine Transit Authority and solicit comments and suggestions on how bus stops and other public transit facilities and design concepts, including enhanced handicapped access, should be integrated into project designs. -1- 455 La Paloma Specific Plan 2004-071 City of La Quinta Amendment No.1 Policy 13.1 Primary Image Corridors in the shall include: Washington Street, Jefferson Street, Highway 111, Fred Waring Avenue and Eisenhower Drive from Avenue 50 to Washington Street. Policy 13.2 Secondary Image Corridors shall include: Miles Avenue, Dune Palms Road, south of the Coachella Valley Stormwater Channel, Adams Street, south of the Coachella Valley Stormwater Channel, Avenue 48, 50 and 52 and Eisenhower Drive, south of Calle Tampico to Avenida Bermudas. Policy 14 In order to preserve the aesthetic values on the City's streets, minimum landscape setbacks shall be as follows: Highway 111: 50 feet Other Major Arterials & Collectors Streets: 10 feet Policy 15 The City shall maintain building height limits along Primary, Secondary, and Agrarian Image Corridors in its Development Code. The La Paloma Specific Plan provides for controlled access to the perimeter streets. The Access points are in compliance with the policies on intersection spacing. The Plan also provides for the improvements and construction of pavement, curb, gutter, median and sidewalk/bike path plans to Washington Street and Avenue 50. NATURAL RESOURCES ELEMENT Air Quality Goals, Policies and Programs Program 5.4 SunLine Transit Agency shall continue to review site plans for new development to assure adequate and properly located bus turnouts, bus lanes and other mass transit facilities, where necessary. The La Paloma Specific Plan intends to accommodate Public Transportation pursuit to requirements by SunLine Transit and the Public Works Department. Water Resources Goal, Policies and Programs Program 4.2 The City shall continue to coordinate with CVWD in its review of projects which impact drainage channels. The La Paloma development has on -site water lines that will connect into the existing infrastructure in two places to avoid "dead end" lines. 2 456 La Paloma Specific Plan 2004-071 City of La Quinta Amendment No.1, NATURAL RESOURCES ELEMENT Surface Water & Storm Drainage Goal Policy 3 All new development shall include on -site retention/detention basins and other necessary stormwater management facilities to accommodate runoff from the 100-year storm. The La Paloma project intents to retain on -site 100% containment of.100-year storm flows and nuisance Water'. ENVIRONMENTAL HEALTH ELEMENT Geologic and Seismic Hazards Goal, Policies and Programs Policy 2 Development in areas subject to rockfall, landslide, liquefaction and or other associated hazards, as depicted in the MEA, shall be required to prepare detailed geotechnical analyses whichr include mitigation measures designed to reduce potential hazards below levels of significance. Policy 4 The City shall coordinate and cooperate with the Coachella Valley Association of Governments (CVAG) to identify and implement methods to reduce the hazards associated with fugitive dust and blowing sand. Policy 5 To minimize the hazards associated with ground shaking and other seismic events, all new structures shall be built in accordance with the latest version of the Uniform Building Code (UBC) and or International Building Code. The La Paloma Specific Plan will abide by the SCAQMD requirements in the development of the project. A Geotechnical investigation was performed by .Earth Systems. Construction shall conform to the recommended measures and standard construction practices. Flooding and Hydrology Goal, Policies and Procedures Policy 5.1 At the discretion of CVWD, new development shall continue to be required to construct on -site retention/detention basins and other necessary stormwater management facilities that are capable of managing 100-year stormwater flows. New development immediately adjacent to the Coachella Valley. Water Stormwater Channel shall continue to have the option of discharging the 100- year stormwater flows directly into the stormwater channel. The La Paloma development will have underground on -site storage retention. IBM 457 La Palma Specific Plan 2004-071 City of La Quinta Amendment No.1 Noise Goal, Policies and Procedures Policy 2 New or redevelopment projects proposing sensitive receptors and located on arterial roadways whose CNEL levels are expected to exceed the City standard at buildout (see Table 8.2) and who do not propose mitigation shall be required to prepare a noise impact analysis to mitigate noise levels to meet or exceed City standards. A Noise Study was prepared by Urban Crossroads. The development will comply to the recommended measure and standard construction practices. CULTURAL RESOURCES ELEMENT 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 potential cultural resources that may be affected, unless the preponderance of the evidence demonstrates that such survey is unnecessary. -4- 458 APPENDIX TWO ADOPTED RESOLUTIONS / ORDINANCES 459 ATTACHMENT 3 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA June 14, 2011 CALL TO ORDER 7:03 P.M. 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, Alderson. ABSENT: Commissioners Weber. Quill, Wilkinson, and Chairman STAFF PRESENT: Planning Director Les Johnson, City Attorney Kathy Jenson, Principal Engineer Ed Wimmer, Planning Manager David Sawyer, Principal Planner Andrew Mogensen, Associate Planner Jay Wuu, and Executive Secretary Carolyn Walker. II. PUBLIC COMMENT: III. CONFIRMATION OF THE AGENDA: IV. CONSENT CALENDAR: There being no comments, or suggestions, it was moved by Commissioners Wilkinson/Barrows to approve the minutes of April 26, 2011 as submitted. AYES: Commissioners Barrows, Wilkinson and Chairman Alderson. NOES: None. ABSENT: Commissioners Quill, and Weber. ABSTAIN: None. V. PUBLIC HEARINGS: A. Environmental Assessment 2010-610, Specific Plan 2004- 071,Amendment No. 1, Site Development Permit 2003-762, Extension No. 4, and Amendment No. 1; a request by WSL La Quinta, LLC, for consideration of development plans for La Paloma, a 208-unit senior living community located on the northeast corner of Washington Street and Avenue 50. 9M Planning Commission Minutes June 14, 2011 Associate Planner Jay Wuu presented the staff report, a copy of which is on file in the Planning Department. Commissioner Quill joined the meeting at 7:07 p.m. Planning Director Johnson stated staff had just a received a letter, from MSA Consulting, and needed time to review the changes requested in the letter. (Copy distributed to the Commissioners). He recommended the Commission take public testimony and continue the item to the next meeting to allow adequate time for Planning and Public Works staff to review and adequately respond to the request. Chairman Alderson noted the suggestion and asked if there were any questions of staff. There being none from other Commissioners, Chairman Alderson asked for clarification on the height of the towers and what the client was requesting. Staff responded the client was asking for 36-feet, instead of 28-feet, on the one tower feature, which would be the highest projection. Chairman Alderson asked if there were any violations with parking. Staff responded there were no violations and commented on carports and proper shading for parking areas without carports. Chairman Alderson commented on the north property line and the new fence planned. Staff said the plans called for a new wall spanning the entire northern property line. Where there were fences or existing walls, it would be up to the property owners to work out an agreement with La Paloma to tear down and replace those walls. There being no further questions of staff, Chairman Alderson opened the public hearing portion of the meeting and asked if the applicant would like to speak. Mr. John Rimbach, President of West Living (WSL La Quinta, LLC), 5796 Armada Drive, Suite 300, Carlsbad, CA 92208, introduced himself and said they were the owners of the site, and then gave some background on acquisition of the property. He explained the 461 -2- Planning Commission Minutes June 14, 2011 previous plans and said they were now designing this project as a straight rental project with a full continuum of care, residential -based care from independent living, assisted living, and a small Alzheimer/dementia component. They have eliminated the nursing home component from the prior project plan. The project is now deemed to be more affordable and more economically viable, than the previous project plans. He then explained the licensing requirements and said his development team would come up to answer questions and give further details on the project. Chairman Alderson asked Mr. Rimbach about the new plan for rental, instead of sales, of the units. He then asked about the monthly rates on the units. Mr. Rimbach explained the continuum of care within the project and said the monthly rates had not yet been established. Gregory Irwin, Irwin Partners Architects (IPA) 245 Fischer Avenue, Suite B-2, Costa Mesa CA 92626, introduced himself and said they had spent a lot of time looking at what was previously approved and tried to create a project that would make them better neighbors than what was previously approved. He had one correction, noting the tower entry piece was actually below the height limit. The difference between the roof and what would make it an architectural projection was off. He then explained further why it was still within the actual height limit. Chairman Alderson asked about the color palette and the blue element shown, which was actually clear glass and not an additional color element. Mr. Irwin confirmed it was glass. Discussion followed on the color palette, the garage doors and the use of opaque glass. Mr. Marvin Roos, MSA Consulting, 34-20 Bob Hope Drive, Rancho Mirage, CA - introduced himself and said they had been the project engineers on this property since 1987. He then gave some background, on the property. He commented on the letter they submitted saying it actually was only about four comments, because some of the items were just notations. He understood the staff's need to review the letter since there were concerns from their southern neighbor, UHC, who had a representative present to discuss it from their perspective. He then commented on the following letter points: 3 462 Planning Commission Minutes June 14, 2011 • Driveway alignment on Avenue 50 • Left in/left out movements • Improvements on Avenue 50, east of their proposed entry • Direct discharge into the evacuation channel • A u turn lane southbound on Washington • A uniform wall on the northern boundary • Dropping the site and including a retaining wall. General discussion then followed regarding dropping the site, importing fill, and the design of the retaining wall. Mr. Roos also stated the letter requested that the site development permit approval be for two years, rather than one, and explained why. Mr. Ron Gregory - Project Landscape Architect with RGA Landscape Architects - 74020 Alessandro Drive, Palm Desert, CA - introduced himself and commented on the earlier statements made regarding the multitude of fountains within the project, as well as the mention of the lawn area. He explained how they have to figure water calculations, as required by the State, the Water District, and the City. He said they have to use a water factor for different types of plant materials, and that is also used for fountains. He explained how the factors were utilized for any body of water as well as all landscaping. He continued by saying water, and especially in smaller recirculating water features, will be very important to people who will be living there. So, he hoped that would be taken into consideration. He told how a question was brought up, at ALRC, regarding the use of turf for the putting green and the pool area. The turf that is being used on the putting green is all faux turf, and will require no water. The turf that is being used in the pool area is real turf and is cooler. Faux turf is actually as hot as a paved surface would be. He added that even with the use of real turf, they still fit within the maximum water use guidelines. The rest of their landscaping was all water -efficient and desert -type material. Commissioner Wilkinson asked about recovering the condensation off of air conditioning and using it to fill fountains, etc. Mr. Gregory said their Firm was currently working on two projects taking that into account and the problem was that it was extraordinarily expensive. -4- 463 Planning Commission Minutes June 14, 2011 General discussion followed regarding the recovery of air conditioning condensation and various components of LEED certification. General discussion followed on faux turf versus real turf, and under what circumstances their individual uses are appropriate. Commissioner Barrows asked for Mr. Gregory's comments on why more native species are not being used and gave some examples of non-native species that are used frequently in their place. Mr. Gregory gave anecdotal evidence of projects he was currently working on using native species. He said one of the problems with native plants was that some of them had a very short shelf life. A plant such as brittle bush requires a fair amount of maintenance and doesn't tend to last as long as some of the non-native species. The other problem was that the native plants typically put on a great show in late winter and early spring, then they weren't at their best the rest of the year. He said they were trying to introduce more of them, especially as they are being encouraged to do so in the pursuit of higher LEED scores. He added there was a problem with finding a sufficient quantity of native plants for projects of this size. Commissioner Barrows said this project seemed like a really good opportunity to use native plants. She then asked about the water features and commented on staff's recommendations that the smaller water features seemed appropriate but they were concerned about the entry water feature. The entry water feature only provided an aesthetic benefit and no other usage, such as folks walking over and sitting around the feature. She asked for Mr. Gregory for his perspective on that feature. Mr. Gregory said, at first, he didn't understand what was meant by more than just an aesthetic feature, but he now understood about people gathering around and enjoying the benefits of the water feature. General discussion followed on: • What other purposes the water feature could/should serve. The current design of the water feature • Additional discussion of the recycling of air conditioning condensation and its possible uses. -5- 464 Planning Commission Minutes June 14, 2011 Chairman Alderson asked if there were any more questions of the applicant. There being none he asked if there was any public comment. Mr. David Pendergrass, representative for James A. Shirley Construction Co., 5462 Jurpe Avenue, Riverside CA - introduced himself and commented on how much he appreciated the fact that staff, and the developer, worked with him to have an opportunity to competitively bid on a project like this. He said it was just such a difference from what he had previously experienced in other communities. He wanted to take the opportunity to say thank you and added that it was good that the City apparently was working with local contractors and because of that his firm supported a project like this. Chairman Alderson said it was very good to hear that local people were being considered. Mr. Mark Irving- Urban Housing Communities, 2000 East Fourth Street, Suite 205, Santa Ana CA 92705 - introduced himself and said he was at the meeting for several purposes. First, he was representing the owners of the property to the south of this project, who were also part of the specific plan originally approved in 2004. He stated they were still under that specific plan. He continued, with his second point, saying he was at the meeting to try to protect the left in on their property, currently within the specific plan. The ingress into the property would be on Avenue 50, otherwise they just have right ins and right outs. So, it is very important to make sure they maintain that. Third, his firm was in support of the applicant's project. Fourth, they were asking staff to review the condition of approval regarding realigning the driveways and providing ingress and egress. He said they were supportive of that effort. Fifth, he agreed with the location and use of the entry fountain. He explained a similar situation where the fountain acted as a noise buffer and he agreed with the current design. Chairman Alderson asked if there was any further public comment. There being none, Chairman Alderson did not close the public hearing since the matter was going to be continued. He suggested a -6- 465 Planning Commission Minutes June 14, 2011 continuation of two weeks to allow time for staff to review this as the letter had not been received until late afternoon on the day of the . meeting. Planning Director Johnson asked the Chairman if either he, or any of the other Commissioners, had any items for staff to discuss with the applicant, prior to the continued meeting, to bring them forward so staff would have that opportunity. Chairman Alderson said he would like staff to clarify the alignment of the driveways and confirm whether the project on the south was still included in the specific plan. Commissioner Quill commented on several items: • This was a more viable project than the previous one. He agreed with the approval of the Site Development Permit for two years, instead of one. • There should be real turf where there is a recreational component (i.e., swimming pools). He agreed with Commissioner Barrows' comments regarding the use of native species. He agreed with direct discharge, into the channel, if there were no issues involved, it was done under an SWPPP, and the water was cleaned up as it went out. There being no further questions or discussion, it was moved and seconded by Commissioners Barrows/Wilkinson to continue the public hearing recommending approval of Specific Plan 2004-071, Amendment No. 1, to June 28, 2011. AYES:. Commissioners Barrows, Quill, Wilkinson and Chairman Alderson. NOES: None. ABSENT: Commissioner Weber. ABSTAIN: None. B. Zoning Ordinance Amendment 2011-103; a request by the City of La Quinta for consideration of the following amendments to the La Quinta Municipal Code: A clarification regarding the location of certain landscaped parkways (§9.50.100), Correcting an error regarding guest houses and secondary units (§9.140.070), Adjusting the time extension period for development review permits (§9.200.080), Deletion of obsolete language referencing guesthouse examples -7- 466 Planning Commission Minutes June 14, 2011 (§9.210.010), Revised definitions of child day care uses to be consistent with State Law (§9.280.030), and Extend the maximum permitted cul-de-sac length to 1320 feet (§13.24.070), to be effective City -Wide. Principal Planner Andrew 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. Commissioner Quill had no questions but commented on the positive nature of the change for the permitted cul-de-sac length going from 660 to 1320 feet. Chairman Alderson said he had no further questions, but did mention staff did a good job of analysis in clearing up these items. There being no further questions of staff, Chairman Alderson noted the City was the applicant and asked if there was any public comment. There being none, Chairman Alderson closed the public hearing and opened the matter for Commission discussion. There being no further questions or discussion, it was moved and seconded by Commissioners Barrows/Wilkinson to adopt Resolution 2011-004 recommending approval of Zoning Ordinance Amendment 2011-103 as submitted in the staff report. AYES: Commissioners Barrows, Quill, Wilkinson and Chairman Alderson. NOES: None. ABSENT: Commissioner Weber. ABSTAIN: None. There being no further questions or discussion, it was moved and seconded by Commissioners Barrows/Wilkinson to adopt Resolution 2011-005 recommending approval of Zoning Ordinance Amendment 2011-103, cul-de-sac amendment as submitted in the staff report. AYES: Commissioners Barrows, Quill, Wilkinson and Chairman Alderson. NOES: None. ABSENT: Commissioner Weber. ABSTAIN: None. -8- 461 Planning Commission Minutes June 14, 2011 VI. BUSINESS ITEMS: None VII. CORRESPONDENCE AND WRITTEN MATERIAL: None Vill. COMMISSIONER ITEMS: A. Discussion of the recent City Council Meetings. It was decided the meetings of June 7, and June 21, 2011 would be discussed at the next regularly scheduled Commission meeting. B. Commissioner Wilkinson is scheduled to attend the June 21, 2011, City Council meeting. C. The new City Council Meeting Attendance Schedule will be included in the June 28, 2011, packet. D. A brief discussion of the Summer Schedule was held. It was decided it would be discussed further, and date(s) chosen, at the next regularly scheduled Commission meeting. IX: DIRECTOR ITEMS: None X. ADJOURNMENT: There being no further business, it was moved by Commissioners Wilkinson/Barrows to adjourn this regular meeting of the Planning Commission to the next meeting to be held on June 28, 2011. This meeting was adjourned at 8:09 p.m. on June 14, 2011. Respectfully submitted, Carolyn Walker, Executive Secretary City of La Quinta, California 9 468 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA June 28, 2011 7:03 P.M. I. 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, Wilkinson; and Chairman Alderson. ABSENT: Commissioner Weber:. STAFF PRESENT: Planning Director Les Johnson, City Attorney Kathy Jenson, Principal Engineer Ed Wimmer, Planning Manager . David Sawyer, "Associate Planner Jay Wuu, and Executive Secretary Carolyn Walker. II. PUBLIC COMMENT„ III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT CALENDAR: There being no',,comments, or suggestions, it was moved by Commissioners Battows/Wilkinson to approve the minutes of June 14, 2011 as submitted. AYES: Commissioners Barrows, Quill, Wilkinson and Chairman Alderson. NOES: None. ABSENT: Commissioner Weber. ABSTAIN: None. V. PUBLIC HEARINGS: A. Continued Environmental Assessment 2010-610 Specific Plan 2004- 071 Amendment No 1 Site Development Permit 2003-762, Extension No. 4, and Amendment No. 1; a request by WSL La Quinta, LLC, for consideration of development plans for La Paloma, a 208-unit senior living community located on the northeast corner of Washington Street and Avenue 50. 469 Planning Commission Minutes June 28, 2011 Chairman Alderson reminded the audience that the public hearing was opened at the last meeting and left open. He then asked for the staff report. Associate Planner Jay Wuu presented the staff report, a copy of which is on file in the Planning Department. Staff pointed out the revised conditions memo submitted by the Public Works Department distributed to the Commissioners prior to this meeting. Commissioner Barrows asked staff to provide ;a brief overview of the changes. Principal Engineer Ed Wimmer said the Public "Works Department amended three conditions: • Condition 52 - clarified that there would be two; elements to the CVWD permit, an indemnification agreement and that the developer would be required to cover any costs associated with sampling any stormwater, if so required by the Water Quality Control Board. • Condition 25.a.1.g. changed the required benchmark from Class 1, Level I to a Class Il, Level II benchmark, deemed to be more appropriate for this project. • Condition 25.a.2.d - clarified that the applicant would only be responsible for fifty percent of the raised landscape median improvements along Avenue 50 and language was added allowing for interim improvements. Chairman Alderson asked staff to show the area in question on the plans and staff did so. Chairman -Alderson asked if these improvements would involve the entiresoutherly portion of the project. Staff confirmed it was the southerly frontage of the project. He said the applicant had requested a left turn in and therefore the median would be constructed in a manner that would accommodate that. He noted staff was in support of the left turn in improvement. Commissioner Wilkinson asked if that was where the retaining wall was located. Planning Director Johnson replied it was not and he 470 -2- Planning Commission Minutes June 28, 2011 pointed out on the plans where the retaining wall was located. Principal Engineer Wimmer added that it was not yet known whether or not the retaining walls would be needed. He explained the applicant was to take a second look at the situation to determine if the retaining walls would be required from an engineering standpoint. He noted it was not staff's intent to require very expensive retaining walls for an interim improvement. Chairman Alderson thanked staff for the answer and said he would address the issue with the applicant to find out whether anything had been determined. Planning Director Johnson said: Attachment 6 to the staff report discussed in detail, all of the ':amendments to the conditions of approval. He noted three of :the conditions had already been addressed with the memo by Public, Works. He explained the rest of the amendments to the conditions of aipproval: • Condition 3 — amended to make the Site Development Permit valid for two years after City Council approval. • Condition 14 — identified that Public Works would address the dedications and right-of-way at the appropriate time during the development process. • Condition $ — maintained that a left out movement on Avenue • Cond'a on 34` — maintained that the applicant must provide a plan profile,for the `on -site street improvements; this did not apply to interior driveways. Principal Engineer 'Wimmer explained Condition 34 was meant in particular for the storm drain on -site improvements and most likely there would not be any need for a plan profile Planning Director Johnson said this would conclude the response to the original letter that was submitted to the Commission two weeks ago, as the rest of the amended conditions were revised according to Fire Department requirements. Discussion followed regarding water pollutant removal systems. 411 -3- Planning Commission Minutes June 28, 2011 There being no further questions opened the public hearing portion applicant would like to speak. of staff, Chairman Alderson re - of the meeting and asked if the Mr. Roger Green, Vice President of Development for West Senior Living, 5796 Armada Drive, Carlsbad, CA, introduced himself and said he was attending on behalf of Mr. John Rimbach, President of West Living (WSL La Quinta, LLC), who was here for the last meeting, but was unable to attend this evening. Mr. Green thanked staff for their time and effort over the last two weeks to get the conditions of approval modified and amended. Mr. Green said he would like to clarify Condition 25 stating that the applicant would not be responsible for; .any median improvements related to the property to the south of the project. He noted that the way the condition was currently worded was acceptable. He asked Mr. Marvin Roos if he had anything to `add. Mr. Marvin Roos, MSA Consulting, 34-200 Bob Hope Drive, Rancho Mirage, CA, introduced himself and said he would like to reiterate Mr. Green's comments on commending staff for their time and efforts on trying to workout the conditions of approval. He noted the conditions were clarified as best as possible. Mr. Roos said that a possible U-turn on southbound Washington Street was requested`. by `the applicant and discussed with staff. Staff's response was`that in an effort to maximize the intersection capacity, a U-turn would not be.acceptable due to an existing right -turn overlap, which would have" to. be eliminated in order to allow for the U-turn. He asked that this issue be revisited at a later time when the project is built out, so that the actual impact on traffic and street capacity could be realistically measured. Mr. Roos said that the applicant was supportive of staff's report and Mr. Green's comments and would like to answer any questions from the Planning Commission. Chairman Alderson asked if there were any questions. There being no further questions he asked about the storm drain. Mr. Roos replied the usage of the storm drains would be further explored and explained the procedures that would have to be followed. He noted that the 41? Planning Commission Minutes June 28, 2011 only reason the site plan would change was if a surface retention system would have to be utilized. Commissioner Barrows expressed a concern about the entry water feature and inquired about its design. She explained the Commission's position regarding water features and said the water feature at the proposed location would only serve an aesthetic function as residents would not be able to enjoy it. She suggested the water feature be placed next to the entrance way or at another location where it could be really appreciated. Mr. Roos replied the water feature was a re -circulating vertical fountain dropping water and explained its design: He said the proposed location was the area where residents would be waiting to take the bus and the element of water would enhance their experience. He noted the Commission's, comments would be taken into consideration and the applicant would not have any objections if the Commission chose to add a condition that the entry way be revised. Commissioner Barrows thanked Mr: Roos for the explanation. Mr. Mark Irving" Urban Housing Communities, 2000 E. Fourth Street # 205, Santa Ana, CA 92705„ introduced himself and said he was a representative of, the owners `of r the property to the south of the project. He said he was supportive of the project overall. He asked for clarification on Condition 25a2d regarding a median being built and asked for assurance that their right to implement a left turn -in would be preserved, otherwise that would result in devaluation of the property. He noted there were no objections to the proposed widening of the road as there were no overall perceived impacts to 'their property. He said there was a significant amount of slope and asked that it be taken into consideration in relationship to any retainer walls. Commissioner Wilkinson asked to see the area where the left turn -in would be located. Commissioner Quill said that the owner of the property to the south would have to dedicate a right-of-way when the site was being developed. 473 -5- Planning Commission Minutes June 28, 2011 Chairman Alderson said the left turn -in would have to be brought forth for consideration at the time the property on the south was being developed. He explained the Commission would take note of his comments and concerns, however the Commission was not in a position to provide any absolute assurance. Mr. Irving said he understood that an assurance from the Commission would not be possible. He noted that Planning Director Johnson provided a letter stating that staff has acknowledged their position and though nothing could be promised at this time, an effort would certainly be made in the future to accommodate their request. General discussion followed regarding .possible ways the street and median improvements could be implemented, one of which included building out the median to its ultimate intended use with the left turn - in lane in place at this time. City Attorney Jenson explained that this approach might require the City to advance the costs associated with the improvements and.to have to seek reimbursement at some time in the future and explained the difficulties'` associated with that. Further discussion followed regarding possible reimbursement agreements, the parties involved, and how they could be implemented. Discussion followed regarding the currently available right-of-way which- was not` sufficientto implement the required street improvements. Mn Roos said 'that they were able to reach an acceptable interim 'solution for the improvements with the Public Works Department. He explained staff's concem that the full implementation of the street and median improvements at this time would result in a left turn -in access that was not clearly' identified. Chairman Alderson asked if there were any more questions of the applicant. There being none he asked if there was any public comment. There being no public comments, he opened the matter for Commission discussion. Commissioner Wilkinson asked how the wording on Condition 25 was corrected and if both parties were satisfied with the corrections made. City Attorney Jenson replied Mr. Green would be responsible for certain interim improvements unless he entered into an agreement 474 Ms Planning Commission Minutes June 28, 2011 with the City stating he would not be responsible. Mr. Roos said the wording was corrected as best as possible under the circumstances. Commissioner Quill asked the Public Works Department why a U-turn lane could not be accommodated on Avenue 50 while traveling southbound on Washington Street. Staff replied that a U-turn lane could be accommodated. The issue was that the traffic light could not support it due to the current right - turn dedicated green arrow while traveling northbound on Washington Street. Because the intent was to maximize the signal operation a U- turn could not be accommodated. Planning Director Johnson said this, use had,.,been discussed and the prevailing opinion was to possibly give the U-turn signal a try when the project was developed and measure the impact it would have on the right -turn lane traffic exactly, in order, fo, determine for which one there was a prevailing demand. Commissioner Barrows asked if the Commission needed to address this issue as. a Condition of 'approval. Staff replied there was no need for a condition at this time. Chairman . Aldersom commended the developer for the professional presentation he presented and "for the well-done specific plan. He said `he was very much. in favor of the project. Commissioner Quill asked for clarification on Commissioner Barrows comments on the proposed water feature. Commissioner Barrows said she would like to see the proposed water feature,in the circular drive either eliminated or re -located to a different location where the residents would be able to enjoy it. She also said she would like to see the use of native Colorado Desert species incorporated into the plant palette, or some other type of native species. Commissioner Quill said the Commission had set a precedent for water features in the past. He explained that usually the Commission would like to see the use of water features in places where they could be _�_ 475 Planning Commission Minutes June 28, 2011 enjoyed and appreciated by patrons and residents, and enhance the ambiance of the area. This particular water feature provided neither in the proposed location and was merely an additional expense. He noted he would be in favor of a water feature located by the recreation center area or the sitting area, but in the drive area it was simply a waste of energy and water. Chairman Alderson suggested the Commission condition the applicant to propose an alternative treatment for the circular"turn around and to include Mr. Gregory's comments from last week regarding working with staff on using an alternative landscape planting material. There was no further discussion and it was moved and seconded by Commissioners Quill/Wilkinson to approve Resolution 2011-006 recommending to the City Council approval of Specific Plan 2004- 071, Amendment 1, subject the conditions submitted, with the following revisions: AYES: Commissioners; Barrows, Quill,Wilkinson, and Chairman Alderson. NOES: None. , ABSENT: Commissioner Weber. ABSTAIN: None. There was no further discussion and it,Was moved and seconded by Commissioners Quill/Wilkinson to approve Resolution 2011-007 recommending to the City Council approval of Site Development Permit 2003-762, Extension 41, and Site Development Permit 2003- 762, Amendment 1, ,subject to the conditions submitted, with the folloving revisions: a. As part of the final Landscape Plan review process, the applicant shall submit a revised plan for the main entrance vehicular courtyard depicting either the removal of the water feature within the drive aisle or relocation of the water feature with an enhanced interactive design. b. As part of the Final Landscape Plan review process, the applicant shall submit a revised plant palette that reflects an. increased use of Colorado Desert native type species of plants and shrubs. AYES: Commissioners Barrows, Quill, Wilkinson, and Chairman Alderson. NOES: None. ABSENT: Commissioner Weber. ABSTAIN: None. 476 ATTACHMENT 4 our proposed development located on 14+/- acres at ton Street and Avenue SO in La Quinta. We are processing ill service senior community that will consist of independent y care units. v . . s . acquaint ' jWU the northeast corner of Washinc errfitlements with the City,for a 1 Ynt i nrn inui4ar4 4n n44anr1 the La QI you with AA _. F