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2012 06 05 CCeaf 4 4Qdja City Council agendas and staff reports are available on the City's web page: www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quints, California 92253 Regular Meeting TUESDAY, JUNE 5, 2012 3:00 P.M. Closed Session / 4:00 P.M. Open Session Beginning Resolution No. 2012-026 Ordinance No. 499 CALL TO ORDER Roll Call: Council Members: Evans, Franklin, Henderson, Osborne and Mayor Adolph PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CLOSED SESSION NOTE: Time permitting the City Council may conduct Closed Session discussions during the dinner recess. Persons identified as negotiating parties are not invited into the Closed Session meeting when acquisition of real property is considered. 1. CONFERENCE WITH LABOR NEGOTIATORS, SKI HARRISON AND TERRY DEERINGER, REGARDING NEGOTIATIONS WITH THE LA QUINTA CITY EMPLOYEES ASSOCIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6 MEET AND CONFER PROCESS 2. CONFERENCE WITH THE CITY'S REAL PROPERTY NEGOTIATOR, FRANK SPEVACEK, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION .a 001 CITY COUNCIL AGENDA 1 JUNE 5, 2012 AND/OR DISPOSITION OF .62 ACRES OF REAL PROPERTY LOCATED APPROXIMATELY 500 FEET NORTH OF HIGHWAY 111 ON THE WEST SIDE OF ADAMS STREET (APN 643-080-026-1). PROPERTY OWNERS / NEGO- TIATORS: ONE ELEVEN LA QUINTA, LLC, MICHAEL J. SHOVLIN 3. EVALUATION OF CITY ATTORNEY PERFORMANCE PURSUANT TO GOVERNMENT CODE SECTION 54957 RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CONFIRMATION OF AGENDA PRESENTATIONS 1. LA QUINTA LIBRARY AND MUSEUM QUARTERLY REPORT FOR JANUARY THROUGH MARCH 2O12 2. PRESENTATION BY SUPERVISOR JOHN BENOIT REGARDING CALIFORNIA BID MASS WRITTEN COMMUNICATIONS — NONE APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF THE SPECIAL MEETING MAY 4, 2012 2. APPROVAL OF MINUTES OF THE REGULAR MEETING OF MAY 15, 2012 CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. 1. APPROVAL OF DEMAND REGISTER DATED JUNE 5, 2012 2. ADOPTION OF A RESOLUTION CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON 002 CITY COUNCIL AGENDA 2 JUNE 5, 2012 TUESDAY, NOVEMBER 6, 2012, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA 3. ADOPTION OF A RESOLUTION REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, CALIFORNIA, TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2012, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO § 10403 OF THE ELECTION CODE 4. APPROVAL TO EXCUSE BOARD MEMBER KURT MORTENSON FROM THE JUNE 13, 2012 INVESTMENT ADVISORY BOARD MEETING 5. DENIAL OF THE CLAIM FOR DAMAGES FILED BY DALE AND MARCIE MICHAEL AND AWNDREA WITT, DATE OF LOSS - MARCH 6, 2012 6. APPROVAL TO EXCUSE COMMISSIONER MARK WEBER'S ABSENCE FROM THE MAY 22, 2012 PLANNING COMMISSION MEETING 7. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE IMPROVEMENTS FOR TRACT MAP 32070, CODORNIZ, RJT HOMES, LLC 8. APPROVAL OF A ONE YEAR CONTRACT EXTENSION WITH VINTAGE ASSOCIATES FOR THE PARK LANDSCAPE MAINTENANCE SERVICES CONTRACT FOR FISCAL YEAR 2012/2013 9. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO. 496 AMENDING TITLE 2 OF THE LA QUINTA MUNICIPAL CODE TO REVISE CHAPTER 2.10 (CITY CLERK) 10. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO. 497 AMENDING TITLE 9, ZONING, OF THE LA QUINTA MUNICIPAL CODE, TO ALLOW OUTDOOR SALES AND DISPLAY AT RETAIL STORES GREATER THAN 100,000 SQUARE FEET (§9.100.120), AND TO MODIFY THE PERMITTED FREQUENCY OF SIDEWALK SALES AND COMMERCIAL EVENTS (§9.100.130). APPLICANT: CITY OF LA QUINTA 11. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO. 498 AMENDING TITLE 9, ZONING, OF THE LA QUINTA MUNICIPAL CODE TO REQUIRE A SPECIFIC PLAN FOR ANY NEW DEVELOPMENT ON A LOT THAT IS ONE-HALF ACRE OR GREATER IN SIZE AND LOCATED WITHIN THE VILLAGE COMMERCIAL DISTRICT (§9.65). APPLICANT: CITY OF LA QUINTA CITY COUNCIL AGENDA 3 JUNE 5, 20120 003 12. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 31202-3, RANCHO SANTANA, OAK TREE INDUSTRIES, INC. 13. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 31202-4, RANCHO SANTANA, OAK TREE INDUSTRIES, INC. 14. ACCEPTANCE OF ONSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 35996, TRILOGY, SHEA LA QUINTA, LLC 15. ADOPTION OF A RESOLUTION GRANTING APPROVAL OF A FINAL MAP FOR PARCEL 36329, PUBLIC PROPERTY AT AVENUE 52 AND AVENIDA BERMUDAS, OWNER: CITY OF LA QUINTA 16. APPROVAL OF A GRANT APPLICATION TO THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT FOR TWO SOLAR PANEL PROJECTS AND AN ELECTRIC VEHICLE CHARGING STATION PROJECT 17. APPROVAL OF AMENDMENT NO. 3 TO THE AGREEMENT WITH TESERRA FOR PROJECT LMC 2008-13, LANDSCAPE MAINTENANCE SERVICES FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 AND APPROVAL OF CONTRACT CHANGE ORDER NO. 9 18. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR ONE MEMBER OF THE CITY COUNCIL TO ATTEND THE LEAGUE OF CALIFORNIA CITIES REVENUE AND TAXATION COMMITTEE MEETING IN SACRAMENTO, CALIFORNIA TO BE HELD JUNE 14, 2012 19. RATIFICATION OF MUTUAL TERMINATION OF AGREEMENT WITH ROSENOW SPEVACEK GROUP RELATING TO WASHINGTON STREET APARTMENT REHABILITATION 20. APPROVAL OF A TENDER AGREEMENT WITH ARCH INSURANCE FOR THE ADAMS STREET BRIDGE PROJECT, APPROVAL OF A CONSTRUCTION CONTRACT WITH GRANITE CONSTRUCTION TO COMPLETE THE ADAMS STREET BRIDGE IMPROVEMENTS, AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE THE DOCUMENTS, PROJECT 2006-06 BUSINESS SESSION 1. CONSIDERATION OF A RESOLUTION INITIATING YOUTH PLAYER FEES FOR SPORTS FACILITIES toCITY COUNCIL AGENDA 4 JUNE 5, 2012 004 2. CONSIDERATION OF THE COMMUNITY SERVICES COMMISSION WORK PLAN FOR FISCAL YEAR 2012/2013 3. CONSIDERATION OF THE IMPLEMENTATION OF THE INCREASED DEVELOPMENT IMPACT FEES (DIF) FOR RESIDENTIAL DEVELOPMENT FROM THE DIF STUDY DATED SEPTEMBER 16, 2008 4. CONSIDERATION OF FISCAL YEAR 2012/2013 PRELIMINARY BUDGET 5. CONSIDERATION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION FOR THE OFFSITE IMPROVEMENTS FOR TRACT MAP 31202- 1, RANCHO SANTANA, DESERT CHEYENNE, INC. STUDY SESSION 1. DISCUSSION OF PROPOSED CIRCULATION, SUSTAINABLE COMMUNITY, AND LAND USE ELEMENTS OF THE GENERAL PLAN UPDATE REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (FRANKLIN) 2. CITY COUNCIL AD HOC COMMITTEE REPORTS 3. CVAG COMMITTEE REPORTS 4. CHAMBER OF COMMERCE INFO EXCHANGE COMMITTEE (OSBORNE) 5. C.V. CONSERVATION COMMISSION (EVANS) 6. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (ROBERT COX) 7. C.V. MOUNTAINS CONSERVANCY (FRANKLIN) 8. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 9. IID ENERGY CONSUMERS' ADVISORY COMMITTEE (OSBORNE) 10. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (FRANKLIN) 11. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 12. GREATER PALM SPRINGS CONVENTION & VISITORS BUREAU (EVANS) 13. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (ROBERT TEAL) 14. RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMITTEE (DIANE GUNN) 15. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSOM 16. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 17. COMMUNITY SERVICES COMMISSION MINUTES DATED MARCH 12, 2012 18. INVESTMENT ADVISORY BOARD MINUTES DATED APRIL 11, 2012 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS 2. CITY ATTORNEY CITY COUNCIL AGENDA 5 JUNE 5, 2012 005 3. CITY CLERK A. SUMMER SCHEDULE FOR CITY COUNCIL MEETINGS 4. BUILDING & SAFETY DEPARTMENT REPORT - NONE 5. COMMUNITY SERVICES DEPARTMENT REPORT - NONE 6. FINANCE DEPARTMENT REPORT - NONE 7. PLANNING DEPARTMENT REPORT — NONE 8. PUBLIC WORKS DEPARTMENT REPORT - NONE 9. POLICE DEPARTMENT REPORT - NONE 10. FIRE DEPARTMENT QUARTERLY REPORT — NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS — NONE RECESS TO THE MEETING OF THE CITY AS SUCCESSOR AGENCY TO THE DISSOLVED LA QUINTA REDEVELOPMENT AGENCY FOLLOWED BY THE LA QUINTA FINANCING AUTHORITY MEETING AND THE LA QUINTA HOUSING AUTHORITY MEETING RECONVENE AT 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. CONTINUED PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION TO APPROVE A ONE-YEAR TIME EXTENSION FOR SITE DEVELOPMENT PERMIT 2006-852, FOR A 264-UNIT CONDOMINIUM PROJECT, COMPRISED OF UNITS OF UP TO 29.5 FEET IN HEIGHT, AND OTHER AMENITIES, BOUNDED BY PGA BOULEVARD TO THE SOUTH, THE ARNOLD PALMER PRIVATE CLUBHOUSE AND PGA WEST TENNIS CLUB TO THE WEST, THE PGA STADIUM COURSE TO THE NORTH, AND THE PGA TOURNAMENT CLUBHOUSE TO THE EAST. APPLICANT: EDEN ROCK RPW, LLC CITY COUNCIL AGENDA 6 JUNE 5, 2012 006 2. PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE LA QUINTA GENERAL PLAN MAP AND THE LA QUINTA ZONING MAP CHANGING TWO DEVELOPED PUBLIC PROPERTIES FROM VILLAGE COMMERCIAL TO MAJOR COMMUNITY FACILITIES. PROPERTY LOCATIONS: LA QUINTA MUSEUM, 77885 AVENIDA MONTEZUMA AND THE VILLAGE PARKING LOT, NW CORNER OF AVENIDA MONTEZUMA / BERMUDAS. APPLICANT: CITY OF LA QUINTA ADJOURNMENT M ]FM iFk#iF YiF iF iFN MiFM MiF if •iFk MiF%MIFNMiFM iY #`Y•YiFM The next regular meeting of the City Council will be held on June 19, 2012 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 1, Susan Maysels, Interim City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 1 1 1, on June 1, 2012. DATED: May 31, 2012 SMA�� SUSAN MAYSELS, InterYm City Clerk City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7103, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777-7103. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. CITY COUNCIL AGENDA 7 JUNE 5, 2011 007 / �aQ � 04 S OF MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Susan Maysels, Interim City Clerk VIA: Mark Weiss, Interim City Managerizi DATE: May 31, 2012 SUBJECT: Conflict of Interest The following conflict(s) of interest due to the proximity of residence has been identified by staff for an item(s) on the June 5, 2012 City Council agenda. Mayor Adolph & Council Member Franklin - Agenda Item: Public Hearing 1 CONTINUED PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION TO APPROVE A ONE-YEAR EXTENSION FOR SITE DEVELOPMENT PERMIT 2006-85Z FOR A 264-UNIT CONDOMINIUM PROJECT, COMPRISED OF UNITS OF UP TO 29.5 FEET IN HEIGHT, AND OTHER AMENITIES, BOUNDED BY PGA BOULEVARD TO THE SOUTH, THE ARNOLD PALMER PRIVATE CLUBHOUSE AND PGA WEST TENNIS CLUB TO THE WEST, THE PGA STADIUM COURSE TO THE NORTH, AND THE PGA TOURNAMENT CLUBHOUSE TO THE EAST. APPLICANT- EDEN ROCK RPW, LLC cc: City Manager City Attorney Department Directors 1W PRESENTATION: I La Quinta Public Library Quarterly Report January — March 2012 Circulation The La Quinta Public Library circulated 69,498 items in the Third Quarter of 201 1 /2012. This comes out to an average of 101 items checked out every hour that the library was open. Public Computer Usage During this quarter, 10,063 computer sessions were logged on the library's 28 public access computers. This is a slight decrease from the third quarter of 2010/2011 which can be linked to the increase in use of the library's free Wi-Fi access. Public computers are used by all ages and provide an important connection for tourist and short-term visitors to keeping in touch with work, family, or to check travel arrangements. Door Count This quarter 59,354 people visited the Library to check out materials, read newspapers and magazines, utilize the Internet service, attend programs, and purchase books from the Friends of the Library Book Store. On average, 86 people came into the Library every hour. New Borrowers La Quinta Library registered 789 new borrowers during the third quarter. An additional 409 people came into the Library to replace lost cards. Weekly Programming A Preschool Storytime for children 3 y= to 5 years old was held 13 Tuesday mornings during the quarter. A total of 366 children attended. A weekly On -the -Lap Storytime Program for parents with babies and toddlers was held prior to the Preschool Storytime. The 13 programs were attended by 538 participants. A weekly Conversational Spanish Class is held Monday evenings in the Library Classroom. The seven sessions were attended by 95 adult students. Monthly Programs An Evening with Friends is a monthly adult program sponsored by the Friends of the Library. Two hundred thirty-five people attended three monthly programs. The Library offers two different monthly book discussion groups for adults and one for children, 49 people attended the seven meetings. 009 A new monthly Family Movie Day began on the second Sunday in March. Each month the Library offers a newly released feature film or a seasonally related classic movie that will appeal to the whole family. Our first event was attended by 28 people. Special Series A special book series Read Around the World was offered to children ages 7 to 9. Each week the group "visited" a different country or geographic area. Programs focused on the folklore, food, and life in that area today. Twelve programs were offered with a limit of 10 children each week. The Library offered two series that tie in with the City's Healthy Eating, Active Living (H.E.A.L.) goals. The first provided information on a variety of health issues in Spanish. Each program covered a different subject from diabetes to hypertension. Sixty-five people attended six weekly sessions. The second series taught teens how to prepare simple meals, be smart consumers, and make healthy food choices. The four sessions were limited to six teens. Volunteers During this quarter 54 volunteers donated 595 hours of time. Volunteers worked in the book store, shelved returned books in the Library, helped with programs, and performed a myriad of other tasks. Friends of the Library The La Quinta Friends of the Library continue to offer support in all areas. The Friends provide funds for all special programs, including the movie license, equipment, and refreshment for all Library movie programs. Networking with other City Agencies During this quarter the Library provided a monthly preschool story time at the Museum on the first Wednesday of the month. The joint Library and Senior Center.mystery book club finished its second season in March. The Library provided books and discussion topics with the Senior Center providing speakers to give background on the subjects. The Library taught two sessions of the Beginning Beginner Computer Class. These classes help prepare students for the classes taught by Andy Lorenz at the Senior Center. A total of six classes were held at the Library with 50 people attending. 010 La Quinta Library Expenditures July 1, 2011 — March 31, 2012 Library Contract ExpenditureslLSSI) 7/1/11 to 9/30/11 10/1111 to 12/31/11 1/1/12 to 3/31/12 4/1/12 to 6/30112 Total Year to Date Labor & Benefits $98,947.18 $97,192.94 $117,410.88 $313,551.00 Materials, Net of Donations 0 $1,236.67 0 $1,236.67 La Quinta Collection/Books 0 $54,969.89 $32,927.79 $87,897.68 Utilities $149.96 0 0 $149.96 Automation & Courier $16,278.01 $16,320.92 $19,404.31 $52,003.24 Other Direct Costs $1,263.30 $3,023.56 $4,018.61 $8,305.47 Zone Administration $6,751.33 $6,839.34 $9,973.91 $23,564.58 Shared Costs $9,072.28 $9,190.55 $12,376.63 $30,639.46 Library Contract Expenditures $132,462.06 $188,773.87 $196,112.13 $517,348.06 County Expenditures 7/1111 to 9130/11 10/1/11 to 12/31/11 1/1/12 to 3/31/12 4/1/12 to 6/30/12 Total Year to Date Personnel $395.01 $5.05 $2,538.61 $2,938.67 Insurance $12,838.80 $777.48 $777.48 $14,393.76 Miscellaneous Expenses $3,782.11 $27.45 $110.04 $3,919.60 Miscellaneous Maintenance Charges $189.39 $210.98 $120.56 $520.93 Special Program Expenses $2,854.54 $6,590.95 $624.99 $10,070.48 Accounting Costs $61.56 $55.42 $182.27 $299.25 Support Services $5,532.23 $68,134.621 $28,140.88 $101,807.73 County Expenditures $25,653.64 $75,801.95 $32,494.83 $133,950.42 TOTAL EXPENDITURES $158,115.70 $264,575.82 $228,606.96 1 $651,298,48 qi 011 La Quinta Museum Quarterly Report January 2012—March 2012 Visitors The 2,470 people who visited the museum this quarter ranged from school -aged children to adults. Exhibits The exhibits continuing on display in the second floor galleries this quarter were California Pioneers with an emphasis on the Civil War and Gold Fever! portraying the California Gold Rush. Programming Preschool Story Time for children ages 3 to 5 was held the first Wednesdays of January, February and March for a total of 3 sessions. 84 attended these programs. These story time programs are a collaboration between the La Quinta Museum and the La Quinta Library. The museum's special events attracted a total of 725 visitors: January First Friday with Yve Evans, February Black History Month celebration with E&J Movement, February First Friday with Island Rhythms, and March First Friday with Ted Herman and his Orchestra. The La Quinta Museum hosted six field trips from local elementary schools this quarter with a total of 146 children visiting the facility. Gift Shop Total gift shop sales this quarter were $828. 012 La Quinta Museum Expenditures July 1, 2011 — March 31, 2012 Museum Personnel Costs 7/1/11 to 9/30/11 10/1/11 to 12/31/11 1/1/12 to 3/31/12 4/1/12 to 6/30/12 Total Year to Date Salaries $29,625.00 $29,625.00 $29,625.00 $88,875.00 Total Personnel Costs $29,625.00 $29,625.00 $29,625.00 $88,875.00 Museum Programming Costs 7/1/11 to 9/30/11 10/1/11 to 12/31/11 1/1/12 to 3/31/12 4/1/12 to 6/30/12 Total Year to Date Special Speaker $5,548.50 $5,550.00 $3,486.24 $14,584.74 Printing $1,392.56 $1,882.47 $34.55 $3,309.58 Total Programming Costs 1 $6,941.061 $7,432.471 $3,520.791 $17,894.32 Other Costs 7/1/11 to 9/30/11 10/1/11 to 12/31/11 1/1/12 to 3131/12 411/12 to 6/30/12 Total Year to Date Travel $82.14 0 $461.30 $543.44 Supplies $14,043.37 $4,043.22 $481.02 $18,567.61 Miscellaneous $4,416.81 $689.77 $72.63 $5,179.21 otal Other Costs $18,542.32 $4,732.99 $1,014.95 524,290.26 TOTAL EXPENDITURES $55,108.38 S41,790.46 S34,160.74 $131,059.58 013 Tjhf 4 # Q"4trfj CITY A/HA/FA MEETING DATE: June 5, 2012 ITEM TITLE: Approval of Demand Register Dated June 5, 2012 RECOMMENDATION: Approve Demand Register Dated June 5, 2012 BACKGROUND AND OVERVIEW: Prepaid Warrants: Payable Warrants: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 95866 - 958991 $46,363.44 95900 - 95918 } $128,870.60 Voids) $100.00- Wire Transfers} $170,228.43 P/R 36616 — 36620 } $194,609.39 P/R Tax Transfers } $54,251.87 95919 - 96024 } $572,884.89 $1,167,108.62 FISCAL IMPLICATIONS: Demand of Cash City $1,054,584.73 Demand of Cash -Successor Agency of RDA $112,523.89 Demand of Cash — HA $0.00 Respectfully submitted, U�I;,i2'ifM'(�l John M. Falco r, Finance Director 014 Approved for submission by: Mark Weiss, Interim City Manager ..0 015 CITY OF LA QUINTA BANK TRANSACTIONS 5/09/12 - 5/22/12 05/09/12 WIRE TRANSFER - PERS 05/11/12 WIRE TRANSFER - ICMA 05/11/12 WIRE TRANSFER - LQCEA 05/14/12 WIRE TRANSFER - PERS 05/15/12 WIRE TRANSFER - TASC 05/16/12 WIRE TRANSFER - LANDMARK 05/22/12 WIRE TRANSFER - PERS TOTAL WIRE TRANSFER OUT $2,530.73 $10,067.67 $140.00 $52,883.00 $1,332.60 $100,733.02 $2,541.41 $170 228.43 016 w •Oq o 0 r W O O YOE . Q N z r O O r aNp� o 0 Q .OQ i a ��z W Q . W 2 r b 0 0 OOo D o e 00 O ON111 Ill b b 0 0 �f �} NVnVOn�tnMPMV �� ; 0 0 Ow0 O o 0 On M V�tO n �t �} O O N N 1I10111 t11v PNaDwOOP WE O o OPO O V V oN n MMO n P P O o N N wMb W'W' n�i M00 e0w 20 o 0 o O O O o nb O OnN N o O Ill 1f1 n n N�}M MM .+Il wwm M .+ w N N �t lllo o M M M M .a Nlll 7C Y N U .r W e 2 N U .r \ w O ul H r Q O . r x � • a r s w w r O F 000 2 f O FFF- O O O O O H O O (0 Q Hu xF-ZEEww IN -I L w MEE CC Q 1' W W Y. w w J Y. 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O x l 2 N.1 \M-Wzr-1 wmpWw WWI Qz 1 N2 \O OU zow<4 I f-" oU = U W W O I O •• zUowl I a 02 WS Q =U= I Rra Ow WQ a 0w .z Qz zu z ace O »> I Qa I Q WO W 000. w w 1 J am 0 - mm F-p a C(9OO I 0: F: Z z mm OO um 034 a CF`y OF CITY / SA / FA / HA MEETING DATE: June 5, 2012 ITEM TITLE: Adoption of A Resolution Calling and Giving Notice of the Holding of a General Municipal Election on Tuesday, November 6, 2012, for the Election of Certain Officers as Required by the Provisions of the Laws of the State of California RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 2- STUDY SESSION: PUBLIC HEARING: Adopt a Resolution calling and giving notice of the holding of a General Municipal Election on Tuesday, November 6, 2012, for the election of certain officers as required by the provisions of the law of the State of California. FISCAL IMPLICATIONS: The Riverside County Registrar of Voters has provided a cost estimate of $35,000 to $45,000 depending upon the final number of jurisdictions that participate, an increase or decrease in the number of registered voters, and actual costs from various vendors who provide the Registrar with election services. The Clerk's Fiscal Year 2012/2013 budget includes $35,000 for this expense. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The proposed resolution is for the purpose of officially calling and giving notice of holding a municipal election on the first Tuesday after the first Monday in November of even -numbered year. Pursuant to the Elections Code, this resolution must be adopted and submitted to the Riverside County Registrar of Voters no later than one hundred thirty (130) days prior to Election Day or June 29, 2012. On November 6, 2012, La Quinta voters will elect a Mayor for a full term of two years ��5 and two members of the City Council for full terms of four years. The filing period for candidate nomination papers to these offices will open on July 16 and close on August 10, 2012. In the event an incumbent does not file, the nomination period is extended to August 15, 2012. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a resolution calling and giving notice of the holding of a General Municipal Election on Tuesday, November 6, 2012, for the election of certain officers as required by the provisions of the laws of the State of California; or 2. Do not adopt the proposed resolution calling and giving notice of the holding of a General Municipal Election on Tuesday, November 6, 2012, for the election of certain officers as required by the provisions of the laws of the State of California; or 3. Provide staff with alternative direction. Respectfully submitted, Susan Maysels, Intehin City Clerk Approved for submission by: Mark Weiss, Interim City Manager It I r)6 RESOLUTION NO. 2012 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2012 FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA WHEREAS, under the provisions of the laws of the State of California, a General Municipal Election shall be held on Tuesday, November 6, 2012, for the election of Municipal Officers; NOW THEREFORE BE IT RESOLVED, the City Council of the City of La Quinta, California hereby does declare, determine and order as follows: SECTION 1. That pursuant to the requirements of the State of California relating to General Law and Charter Cities there is called and ordered to be held in the City of La Quinta, California, on Tuesday, November 6, 2012, a General Municipal Election for the purpose of electing one (1) Mayor for the full term of two years and two (2) Members of the City Council for full terms of four years. SECTION 2. That the ballots to be used at the election shall be in the form and content as required by law. SECTION 3. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 4. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until.eight o'clock p.m. of the same day when the polls shall be closed, except as provided in §14401 of the Elections Code of the State of California. SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further notice of the election, in time, form and manner as required by law. r 037 Resolution No. 2012- Calling Election November 6, 2012 June 5, 2012 Page 2. SECTION 7. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED this 5th day of June, 2012 by the following vote: AYES: Council Members NOES: ABSTAIN: ABSENT: DON ADOLPH, Mayor City of La Quinta, California ATTEST: Susan Maysels, Interim City Clerk City of La Quinta, California [CITY SEAL] APPROVED AS TO FORM: M. Katherine Jenson, City Attorney City of La Quinta, California s 038 Resolution No. 2012- Calling Election November 6, 2012 June 5, 2012 Page 2. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF LA QUINTA I, SUSAN MAYSELS, Interim City Clerk of the City of La Quinta, California, do hereby certify that the foregoing is a full, true and correct copy of Resolution No. 2012- ENTER , adopted by the La Quinta City Council on the 5th day of June 2012 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2012 FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA Dated: ENTER SUSAN MAYSELS, Interim City Clerk City of La Quinta, California 0 039 s ��CFM OF'['N�'� CITY / SA / HA / FA MEETING DATE: June 5, 2012 ITEM TITLE: Adoption of a Resolution Requesting the Board of Supervisors of the . County of Riverside, California Consolidate a General Municipal Election to be Held on Tuesday, November 6, 2012, with the Statewide General Election to be Held on that Date Pursuant to § 10403 of the Elections Code RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt Resolution requesting the Board of Supervisors of the County of Riverside, California consolidate a General Municipal Election to be held on Tuesday, November 6, 2012, with the Statewide General Election to be held on that date pursuant to § 10403 of the Elections Code. FISCAL IMPLICATIONS: The Riverside County Registrar of Voters has provided a cost estimate of $35,000 to $45,000 depending upon the final number of jurisdictions that participate, an increase or decrease in the number of registered voters, and actual costs from various vendors who provide the Registrar with election services. The Clerk's Fiscal Year 2012/2013 budget includes $35,000 for this expense. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Elections Code § 10403 provides that the City Council may request the county elections department to consolidate the General Municipal Election with the Statewide General Election. The City of La Quinta has consolidated General Municipal elections with the County since incorporation. The proposed resolution requests the services of the County Registrar of Voters for the election to be held on November 6, 2012. Pursuant to the Elections Code, this resolution must be adopted and submitted to the Riverside County Registrar of Voters one hundred thirty days before Election Day or June 29, 2012. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a resolution requesting the Board of Supervisors of the County of Riverside, California consolidate a General Municipal Election to be held on Tuesday, November 6, 2012 with the Statewide General Election to be held on that date pursuant to § 10403 of the Elections Code; or 2. Do not adopt the proposed resolution requesting the consolidation with the Statewide General Election for the General Municipal Election to be held on November 6, 2012; or 3. Provide staff with alternative direction. Respectfully submitted, Susan Maysels, Inte m City Clerk Approved for submission by: Mark Weiss, Interim City Manager 041 RESOLUTION NO. 2012 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REQUESTING THAT THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, CALIFORNIA CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2012 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE WHEREAS, a General Municipal Election is to be held in the City of La Quinta, California, on Tuesday, November 6, 2012, for the purpose of the electing a Mayor, and two Members of the City Council; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the statewide General Election to be held on the same date and that within the city, the precincts, polling places and election officers of the two elections be the same, and that the election department of the County of Riverside canvass the returns of the General Municipal Election and that election be held in all respects as if there were only one election; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of § 10403 of the Election Code, the Board of Supervisors of the County of Riverside is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 6, 2012, for the purpose of the election of a Mayor for a term of two (2) years, and two Members of the City Council for a term of four (4) years. SECTION 2. That the county election department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. SECTION 3. That the Board of Supervisors is requested to issue instructions to the county elections department to take any and all steps necessary for the holding of the consolidated election. SECTION 4. That the City of La Quinta recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. 042 Resolution No. 2012 - Requesting Consolidation of Election Nov. 6, 2012 June 5, 2012 Page 2 SECTION 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of Riverside. SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED this 5t" day of June, 2012 by the following vote: AYES: Council Members NOES: ABSENT: DON ADOLPH, Mayor City of La Quinta, California ATTEST: Susan Maysels, Interim City Clerk City of La Quinta, California [CITY SEAL] APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 043 Resolution No. 2012 - Requesting Consolidation of Election Nov. 6. 2012 June 5, 2012 Page 2 STATE OF CALIFORNIA COUNTY OF RIVERSIDE ) CITY OF LA QUINTA ) I, SUSAN MAYSELS, Interim City Clerk of the City of La Quinta, California, do hereby certify that the foregoing is a full, true and correct copy of Resolution No. 2012- ENTER , adopted by the La Quinta City Council on the 5" day of June 2012 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REQUESTING THAT THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, CALIFORNIA CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2012 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO §10403 OF THE ELECTIONS CODE Dated: ENTER SUSAN MAYSELS, Interim City Clerk City of La Quinta, California 044 MEETING DATE: June 5, '2012 AGENDA CATEGORY: ITEM TITLE: Approval to Excuse Board Member Kurt BUSINESS SESSION: _ Mortenson from the June 13, 2012 Investment Advisory Board Meeting CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve a request from Board Member Kurt Mortenson to be excused from attending the June 13, 2012 Investment Advisory Board 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 advance permission from the City Council to be absent at one or more regular meetings due to extenuating circumstances. If such permission or excuse is granted by the City Council, the absence shall not be counted toward the above -stated limitations on absences." Staff has discussed this section with all board members and, in response, Investment Advisory Board Member Mortenson has requested of the City Council to be excused from the June 13, 2012 meeting. The request was made prior to the meeting, as noted in Attachment 1. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 045 1. Approve Investment Advisory Board Kurt Mortenson's request to be excused from the from the June 13, 2012 Investment Advisory Board Meeting; or 2 Deny Investment Advisory Board Member Kurt Mortenson's request; or 3. Provide staff with alternative direction. Respectfully submitted, t�+4v- -�N John M. Falconer, Finance Director Approved for submission by: �yC.-L- Mark Weiss, Interim City Manager Attachment: 1. Request from Investment Board Member Mortenson 9 ATTACHMENT 1 May 11, 2012 Dear John: I have a meeting in Chicago June 13-15 and will be in transit during our next scheduled meeting. Unfortunately, I won't have access to participate. All the best, Kurt Mortenson CFP Managing Partner/Financial Advisor Praxis Wealth Management Inc. 73271 Fred Waring Drive Ste 103 Palm Desert, CA 92260 760-340-3770 877-577-2947 (toll free) 760-340-3889 (fax) htta✓/financialaicture.com/Praxis WealthManaaement/Box html 8 Xr'Y.mW xeY38 i?y f{�s .: awl CITY / SA / HA / FA MEETING DATE: June 5, 2012 ITEM TITLE: Denial of Claim for Damages Filed by Dale and Marcie Michael and Awndrea Witt: Date of Loss - March 6, 2012 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Deny the Claim for Damages filed by Dale and Marcie Michael and Awndrea Witt: Date of Loss - March 6, 2012. FISCAL IMPLICATIONS: The amount of the claim is $7,000. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Dale and Marcie Michael and Awndrea Witt with a reported date of loss of March 6, 2012 (Attachment 1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. has reviewed the matter and recommends that the City Council deny the claim. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Deny the Claim for Damages filed by Dale and Marcie Michael and Awndrea Witt with a reported date of loss of March 6, 2012; or �ffl 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, Terry L. 15eeringer, Human Resources/ General Services Manager Approved for submission by: Mark Weiss, Interim City Manager Attachment: 1. Dale and Marcia Michael and Awndrea Witt, Claim for Damages 049 tWa- 2012 via FILE WITH CITY CLERKS OFFICE CITY City of La Quints CITY L P.O. Box 1504 La Quints, CA 92253 CLAIM FOR DAMAGES TO PERSON OR PROPERTY ATTACHMENT 1 N-5 Ur IV. - INSTRUCTIONS 1. Claims for death, Injury to person or to personal property most be filed not later than six months after the occurrence (Gov. Code 4911.2) 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. (Gov. Code S 911n) 3. Read entire claim form before filing. 4. See page 2 for diagram upon which to locate place Of aaWent S. This claim form must be signed on page 2 at the bottom. . 6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET. TO: (Name of City) La Quints Housing Authority Name of Claimant Dale & Marcie Michael and Awndres Witt Home Address of Claimant Business Address of Claimant La Quints Ca City and State City and State Give address and Phone No. to which you desire notices or communications to Sent regarding this claim La Quints Housing Authority Claim for Liability from When did nAMAGF nr INJURY nectar? Date: 03/=012 Time: after 12:am If Claim is for Equitable Indemnity, give date claimant served with the complaint: Date: Birth Date of Claimant: Occupation of Claimant: Home Phone of. Claimant: Business Phone of Claimant: Claimant's Social Security No.: Names of any city employees involved In INJURY or DAMAGE: Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet. Where appropriate, give street names and address and measurements from landmarks. WrId blew tree from property address 52WS Avenida Cw m,S am* to th"way of 52975 Avenida CanantS Describe in detail how the DAMAGE or INJURY occurred. WIrat tries, bee tram property address 52985 Avenida Cam vg on to the ddveway of U975 Avenida Carranza damaging 2GD4 Chrysler Pt Cruiser, 2009 Volvo C70 and 2002 Ford F-1150. See attach plaurea Why do you claim the City is responsible? According to Grant Dead the La Quints Housing Authority Is the comer of the property Describe in detail each INJURY or DAMAGE Damage to 2DO4 Clay PT Roof. Hood. Passenger Front Door, Windshield, And Poseanger Fender- Damage to 2009 Who C70 Retractable Convertble Top. Trhdr. Bumper, Tail Lights, Quarter Panel, Damage to 2002 Ford F-150 Scratches to Drlver side and Custom Bad top. SEE PAGE 2 JOVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE 050 The amount claimed, as of the date of presentation of this claim, is computed as follows: Damages Incurred to date (EXACT): Estimated prospective damages as far as known: Future expenses for nediul and hospital Damage to Property $6,1327.00 pre 1 Expenses for medical and hospital care S Future loss of earnings - S Lossof earnings S Other prospects" special damages S Special damages for S Prosperlke general damages 5$11.00 Total estimated prospective damages Senoo General damages S Total damages incurred to date $ Total amoum claimed as of date of preservation of this claim S Was damage and/or Injury Investigated by prdire7 No If so what Ctty7 Where paramedics or an ambulance called7, No If so, name, City or ambulance_ If Injured, state date, time, name and address of your initial visit WITNESSES to DAMAGE or INJURY: List all persons and address of person known to have information: Name Dale Michaelil Address - - - - - _ (None'. Name Marcie Michael Address ., Phone 7_-- Narne.Awndme Witt Address f Phone" DOCTOR AND HOSPITALS: Hospital Address ?hone - Doctor Address Phone, Doctor Address. Phone, READ CAREFULLY For all accident claims place on following diagram name of streets, including North, South, East and West. Indicate place of accident by "X' and by showing house numbers or distances to street comers. If Cry Vehicle was involved, designate by letter 'A' location of City Vehicle when you first saw It, and by 06" location of yourself or your vehicle when you first saw City Vehicle: location of City vehicle at time of accident by 'A -IN and location of yourself or your vehicle at the time of the accident by'6-1" and the point of Impact by "X". NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. a BID ALK LL- CURB py�l Y1•dI C. Cv,.Plolt�t `N CURB PARKWAY 7 SIDEWALK � I Si ature of MIT r person filly,7q, his a ng relationship Typed Name: Date: to gClaimant: i ".r s---r �.� . Dale n irllC Yta�Ia7 y-/%-/,2 r NOTE: CLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code § 91Sa.) Presentation of a false claim is a felony (Pen. Code § 72.) C51 INDIO AUTO BODY AND PAINT Federal Tax ID: 87-0716319 PEACH ST Estimate Customer No: i Indio, CA 92201 Indio, Report No: 833 4110/2012 Phone #. (760) 347.4849 Claim 0: Fax #: (760) 342-0704 Assign No: E-Mall: indloautobody@vinton.net Vshkla Information- Owner - AWNDREA WITT Accident Location Style: 4D WGN Color. Black Color Code: Production Date: / 0 License: Slats: CA Miles In- 0 Miles Our. 0- Condition: Estimator: RUBEN Date Assigned: 4/102012 CA Home Phone: Work Phone: Fax#: (760) - Insured Home Phone: (760) - Work Phone: (760) Fax*: (760) - Date of loss: 4/102012 Phone #1: - Phone #2: - Claimant - Home Phone: (760) Work Phone: (760) Fax It. (760) - Date of Inspection: 4/102012 (VWYVVAIrVIIL/�IJ Replace Hood 4724754AF $399.00 1 A body 2.8 +Underside (1.4)+Clearcoat (1.1) 2.5 FENDER - FENDER & COMPONENTS Replace Right Fender 5015484AF $265.00 2.5 body 2.6 -Adjacent (0.4) +Edging (0.5) +Clearooat.(0.5) 0.6 ROOF- ROOF & COMPONENTS Repair Roof panel, w/o sunroof 12.0' body 2.6 -Adjacent (0.4) +CleaMoat (0.4) ROOF- INTERIOR TRW ' R&I Headliner, 1.0- body MOVE FOR REPAIR. FRONT DOOR- DOOR & COMPONENTS Repair Right front Door shelf 6.0' body 3.0 ,"acent (0.4) +Cleamoat (0.5) 0.1 FRONT DOOR - EXTERIOR TRIM R&I Right Front Door Upper molding 0.2 body R&I Right Front Door Lower molding, dark 0.3 body FRONT DOOR - OUTSIDE MIRRORS R&I Right Front Door Wtrror nosy, w/o power 0.5 body FRONT DOOR - LOCK & HARDWARE R&I Right Front Door Handle, Weida 0.3 body FRONT DOOR- INTERIOR TRIM R&1 Right Front Dow trim panel, w/o power locks OOrerooeraBons 0.4 body ' Hazardous Waste Disposal ' Cover car for paint $5.00 " 0.3' ' Sand and Polish 1.0' body' ' cover car for printer $5.00 " 0.3- body` ' Corrosion Protection 0.3' body Srrly Totals Page f or 2 $5.00' taxed 052 INDIO AUTO BODY AND PAINT Federal Tax 10: 87-0715319 83573 PEACH ST customer Nam. Estimate Indio, CA 82201 Report No: 833 41012012 Phone 0: (760) 3474849 Claim s: Fax 111: (760) 342-0704 Assign No: E-Mail: lndloautobody@verizon.net Hours . Rate Total THANK YOU FOR LETTING US SERVE YOU Body labor 26.2hrs $40.00/hr 8. 6 Paint Labor 11.7hrs $40.00/hr $468.00 Clearcost Labor 2.5hrs $40.00/hr $100.00 OEM Parts '$674.00 7 Paint Supplies 11.7hrs $30.00/hr $351.00 T Clearcoat 2.5hrs $30.001hr $75.00 7 MIsc Taxed $5.00 T Tax Non -Taxed Grand Total $2,721.00 Estimate based on MOTOR CRASH ESTIMATING GUIDE. Unless otherwise noted afi Gems are derived from the Guide. NAGS Part Numbers and Bendhman Prices are provided by Nab"i Auto Glass Specifications. Labor operation aces listed on the fine with the NAGS Infomation are MOTOR suggested War opemtlon Ames. NAGS labor operation terns am rat included. Guide used is (DR3NP01). 12111 Indicates Eaamatoes Judoment . T Indicates Tamed hem CCC Comp -Est • A product of CCC Information Services Inc. Page 2 of 2 053 INDIO AUTO BODY AND PAINT Federal Tax ID: 87-0716319 83573 PEACH ST Customer No: Estimate Indio, CA 92201 Report No: 778 Phone #: (780) U74849 Claim #: 8H4/2012 Fax 0: (760) 342-0704 Assign No: E-Mall: (ndloautobody@verizon.net Style: 213 CNVT T5 Color: Black Color Cade: Production Date: /0 License: VIN:' Miles In: 0 Miles Out: 0 Condition: Estimator. CA Home Phone: ( t Work Phone: (760) _ .. Fax #: (760) - State: CA Insured - Home Phone: (760) - Work Phone: (700) - Fox #: (760) - 3A32012 Date of Loss: 3/132012 Phone #1: - Phone #2: - Home Phone: (760) - Work Phone: (760) - Fax #: (760) - Date of Insaecdon: 3/132012 RETRACTABLE TOP- STOWAGE COMPARTMENT Repair Trunk lid, w/o antenna 1.5• body 2.4 -Non-84aoent (0.2) +Clearcoat (0.4) 0.2 QUARTER PANEL . QUARTER PANEL & COMPONENTS Repair Left Quarter panel, to CH# 114032 8.0• body 3.0 +Claw" (1.2) 1.2 QUARTER PANEL - EXTERIOR TRIM R&I Lett Quarter Side molding 0.3 body R&I Left Quarter Weatherstrip 0.8 body Repair Right Quarter Weatherstrip 1.0• body REAR LAMPS - COMBINATION LAMPS R&I Right Rear Lamp Lens & housing 0.4 body R&I Left Rear Lamp Lena & housing 0.4 body REAR BUMPER - BUMPER & COMPONENTS R&1 Rear Bumper cover, painted, vdo park assist, 1.0 body . black Repair Rear Bumper cover, painted, w/o park 2.0' body 2.8 assist, black -Non-adjacent (0.2) +Clearcost (0.5) 0.3 Otheroneraaons • Double aide tape, $5.00 • 0.2• body- • Corrosion Protection 0.3• body' • Sand and Polish 2.0' body" • Hazardous Waste Disposal $5.00• cored • Carer car for pain $5.00 ' 0.36 ' cover car for primer $5.00 • 0.3- body' 'scratches eg over 2.5• body' sand and detail the rest of the vehicle due to branch scratches. Sub Totals .Page 1 of 054 INDIO AUTO BODY AND PAIN Federal Tax 10: 87-0715319 _ Estimate 83573 PEACH ST Customer Nr' Indio, CA 92201 Report No: 778 3114/Z012 Phone as,: (760) 347.4M Claim 4: Fax t (760) 342-0704 Assign No: E-Mail: Indioautobody@verkon.net Hours Rate Total THANK YOU FOR LETTING US SERVE YOU Body Labor - 20.7hm $48.00/hr $993.W Paint Labor 7.8hrs $48.001hr $374.40 CleareoatLabor 2.1hrs $48.00/hr $100.80 OEM Parts $15.00 7 Paint Supplies 7.8hrs $32.00fnr $249.60 7 Clearcoat 2.1hrs $32.00/hr $67.20 7 Mlsc Taxed $5.00 7 Tax $336.80 Q 7.7500% $26.10 Grand Total $1,831.70 Estimate based on MOTOR CRASH ESTIMATING GUIDE. Unless, otherwise noted all items we derived from the Guide. NAGS Part Numbers and aerrchniiark Prides are provided by National Auto Glass SpoWeatiora. Labor operation times listed on do line with the NAGS brRnnetion as, MOTOR suagesesd labor operation ch. is . NAGS labor operation times are not included. Guide used is (ERN9714). 21t2 Indicates Fsfirmatofs Judament T Indicates Taxed Ilan CCC Comp -Est - A product of CCC Information Services Inc. Page 2 of 2 055 Tar 4 4& Q" CITY /SA MA / FA MEETING DATE: June 5, 2012 AGENDA CATEGORY: ITEM TITLE: Approval to Excuse Commissioner Mark BUSINESS SESSION: _ Weber's Absence from the May 22, 2012, Planning Commission Meeting CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve a request from Commissioner Mark Weber to be excused from attending the May 22, 2012, 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: "If a member absents him or herself from ...scheduled meetings ... (a) board or commission member may request advance permission from the City Council to be absent at one or more regular meetings due to extenuating circumstances, and/or 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 ... limitations on absences." Staff has discussed this section with all Commissions and in response, Planning Commissioner Weber notified staff, prior to the meeting, that he would be unable to attend the May 22, 2012, Planning Commission meeting. He has requested the City 056 Council excuse him, from that meeting. The request is being made as noted in Attachment 1. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a request from Commissioner Mark Weber to be excused from attending the May 22, 2012, Planning Commission meeting; or 2. Deny Commissioner Weber's request; or 3. Provide staff with alternative direction. bmitted, Planning Director Approved for submission by: Mark Weiss, Interim City Manager Attachment: 1. Request from Commissioner Weber 057 ATTACHMENT 1 Carolyn Walker From: Mark Weber Sent: Friday, May 18, 2012 12:29 PM To: Carolyn Walker; Les Johnson; Ed Alderson Subject: Planning Commission absence - May 22nd Carolyn, I am unfortunately scheduled to be out of town the evening of May 22nd and will therefore be unable to attend the Planning Commission Meeting that evening. I will be attending a Trade Show for Economic Development recruitment out of state 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 again consider formally excusing my absence for this meeting. As you are aware, 1 continue to work our Planning Commission actions and remain very 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: Fax: 760.391.5178 "It's another beautiful day in the Coachella Valley!" Visit us at www.cveza.org 058 T-af 4 4 a" CITY SA / HA / FA MEETING DATE: June 5, 2012 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the Off -Site Improvements for Tract Map No. 32070, Codorniz, RJT Homes, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the off -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to January 1, 2013 with the exception of the sidewalk on Avenue 52 which will be completed by September 1, 2012 for Tract Map No. 32070, Codorniz, RJT Homes, LLC FISCAL IMPLICATIONS: I0GTiT-1A CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Codorniz (Tract Map No. 32070) is located on the southeast corner of Avenue 52 and Jefferson Street (Attachment 1). On November 3, 2005, the City and RJT Homes, LLC entered into a SIA for Tract Map No. 32070, Codorniz. Section 6 of the SIA requires: "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the improvements in response to changes in standards or conditions affecting or affected by the C�59 improvements. On April 17, 2007, the City Council adopted a resolution granting a time extension for the completion of the off -site improvements to December 31, 2007. On April 1, 2008, the City Council adopted a resolution granting a second time extension for the completion of the off -site improvements to May 30, 2008. On January 20, 2009, the City Council adopted a resolution granting a third time extension for the completion of the off -site improvements to April 30, 2009. On July 21, 2009, the City Council adopted a resolution granting a fourth time extension for the completion of the off -site improvements to December 30, 2009. On December 21, 2010, the City Council adopted a resolution granting a fifth time extension for the completion of the off -site improvements to December 30, 2011. Initially, staff received a letter from the developer requesting a one-year time extension for the off -site improvements. Staff sent the developer a letter saying that staff could not support an additional one-year time extension and asked them to consider, accelerating the timetable for the completion of the off -site improvements. The response to staff's letter was the attached letter dated February 23, 2012 (Attachment 2), in which the developer requests a time extension to September 1, 2012 for the completion of the sidewalk on Avenue 52. The developer also requests a time extension to January 1, 2013 for the completion of the remainder of the landscape improvements on Avenue 52. Staff has prepared the attached resolution which provides for approval of the sixth time extension of the SIA for the off -site improvements with the aforementioned due dates. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the off -site improvements as specified in the approved SIA to January 1, 2013 with the exception of the sidewalk on Avenue 52 be completed by September 1, 2012 for Tract Map No. 32070, Codorniz, RJT Homes, LLC; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the off -site improvements as specified in the approved SIA to January 1, 2013 with the exception of the sidewalk on Avenue 52 be completed by September 1, 2012 for Tract Map No. 32070, Codorniz, RJT Homes, LLC; or 3. Provide staff with alternative direction. r60 Respectfully submitted, Timothy R. Jo son, P.E. Public Works rector/City Engineer Approved for submission by: Mark Weiss, Interim City Manager Attachments: 1. Vicinity Map 2. Letter from RJT Homes, LLC dated February 23, 2012 061 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE OFF -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO JANUARY 1, 2013 FOR TRACT MAP NO. 32070, CODORNIZ. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 32070, Codorniz, on November 3, 2005; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by December 30, 2011, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the off -site improvements as required by the approved SIA is extended to January 1, 2013 with the exception of the sidewalk on Avenue 52 be completed by September 1, 2012. Section 2. The time. extension for completing the improvements shall expire when City offices close for regular business on January 1, 2013 with the exception of the sidewalk on Avenue 52 be completed by September 1, 2012. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. 062 Resolution No. 2012- Tract Map No. 32070, Codorniz Adopted: June 5, 2012 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5t' day of June 2012, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California Liii*36 SUSAN MAYSELS, Interim City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California G63 ATTACHMENT 1 TM 32070 - CODORNIZ RACT 140. 32070 VICINITY MAP NOT TO SCALE 1E ATTACHMENT 2 liff RJT Homes-Codorniz, LLC i o M ES February 23, 2012 Timothy R. Jonasson, P.E. 78-495 Calle Tampico La Quinta, CA 92253 RE: Tract 32070 Mr. Jonasson, RJT respectfully requests a time extension for the Off -Site Subdivision Improvement Agreement with the following conditions. Incomplete sidewalk at Ave. 52 complete by September Vt. Remaining landscape at Ave. 52 complete by January Ist 2013. Thank you for your dti�Ce and consideration. Chad Meyer Project Manager 065 P.O. Box 6089, La Quinta, CA 92247 (760) 564-3470 FAX (760) 564-3482 OUNCI SA/FA/HA MEETING DATE: June 5, 2012 ITEM TITLE: Approval of a One -Year Contract Extension with Vintage Associates for the Park Landscape Maintenance Services Contract for Fiscal Year 2012/2013 RECOMMENDATION: /ixel04017:Ltl:11 Y a[elo:I it BUSINESS SESSION: Q CONSENT CALENDAR: D STUDY SESSION: PUBLIC HEARING: Approve a one-year contract extension for the Park Landscape Maintenance Services Contract, Project No. 2009-20 for Fiscal Year 2012/2013 with Vintage Associates including cost reductions for a total contract amount of $486,500 and authorize the City Manager to execute the extension of agreement. FISCAL IMPLICATIONS: Appropriations for the Park Landscape Maintenance Services Contract will be proposed in the Draft Fiscal Year 2012/2013 budget in Account Nos. 101-3005- 451.34-04 (Parks), 101-7004-431.34-04 (Landscape and Lighting District), 101- 3004-451.30-96 (Library), and 101-3006-451.34-04 (Museum). CHARTER CITY IMPLICATIONS: The Park Landscape Maintenance Services Contract is funded through the General Fund, the Landscape and Lighting District (LLD) Fund, and the Library Fund; therefore, prevailing wages are not required for this contract as of this point in time. However, the California Supreme Court is considering a case which could affect the exemption. BACKGROUND AND OVERVIEW: On May 4, 2010, the City Council awarded a contract to Vintage Landscape, a division of Vintage Associates, Inc. for the Park Landscape Maintenance Services Project No. 2009-20 in the amount of $388,380. This contract is for a period of one year with a provision allowing the City to extend the contract up to four (4) additional one-year extensions, not to exceed a total contract length of five years. On June 15, 2010, City Council approved Contract Change Order No. 1 in the amount of $121,920 for the Bear Creek Trail and Seasons Retention Basin to be maintained under the Parks Maintenance Contract. These areas had been maintained under the LLD contract. Due to the recreational uses at these facilities, they were moved under the Park Maintenance Contract while retaining the funding in the LLD. On September 21, 2010, City Council approved Contract Change Order No. 2 for the maintenance of the sports fields at Colonel Paige Middle School under the terms of the May 18, 2010 Joint Use Agreement with the Desert Sands Unified School District. The annual cost for the maintenance is $26,400. On June 6, 2011, City Council approved Contract Change Order No. 3 for a one-year contract extension with no cost increase. Contract Change Order No. 4 is for a one-year extension and service reductions for a cost savings in the amount of $43,600. These reductions include: Discontinue winter park over -seeding <$13,600> Reducing the tree pruning to safety only <$10,000> Reducing the landscape labor by '/2 of a full time employee <$10,000> Eliminate the Desert ARC Program <$10,000> The parks that will not be over -seeded include: Adams, Monticello, Pioneer (including the dog park), Desert Pride, Saguaro, Seasons (including the dog park), Eisenhower, and Velasco. Fritz Burns, Civic Center Campus, and the picnic area at La Quinta Park will continue to be over -seeded because they generate revenues through rental fees. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a one-year contract extension for the Park Landscape Maintenance Services Contract, Project No. 2009-20 for Fiscal Year 2012/2013 with Vintage Associates including cost reductions for a total contract amount of $486,500 and authorize the City Manager to execute the extension of agreement; or 2. Do not approve a one-year contract extension for the Park Landscape Maintenance Services Contract, Project No. 2009-20 for Fiscal Year 2012/2013 with Vintage Associates including cost reductions for a total contract amount of $486,500; or 3. Provide staff with alternative direction. 067 Respectfully submitted, IPI W. 6-41-1 Edie Hylton Community Services Director Approved for submission by: Mark Weiss, Interim City Manager Attachment: 1. Contract Change Order No. 4 i i] CONTRACT: CONTRACTOR T O D 4 a" ATTACHMENT 1 CONTRACT CHANGE ORDER NO. 4 PROJECT NO. 2009-20 Park Landscape Maintenance Services Vintage Associates, Inc. Sheet 1 of 1 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGES EFFECTIVE JULY 1, 2012: Contract extension for Fiscal Year 2012/2013. Change to the contract price. Discontinue winter park over -seeding <$13,600> Reducing the tree pruning to safety only <$10,000> Reducing the landscape labor by %: of a full time employee <$10,000> Eliminate the Desert ARC Program <$10,000> Original Contract Amount $388,380 Change Order Nos. 1 through 3 $141,720 Add This Change Order No. 4 < $43,600> Revised Contract Total $486,500 By reason of this contract change order the time of completion is adjusted as follows: The contract completion date is June 30, 2013. Submitted By: Date: Approved By: Date: We, the undersigned Contractor, have given careful conslderadon to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform a# services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted Contractor: Vintage Associates, Inc. Title Date: 069 10 k �a/IIJJ►► 0 / ��� o � 5 Cry of rtiti9�' CITY / SA / HA / FA MEETING DATE: June 5, 2012 ITEM TITLE: Approval of Second Reading and Adoption of Ordinance No. 496 Amending Title 2 of the Municipal Code to Revise Chapter 2.10 (City Clerk) RECOMMENDATION Adopt Ordinance No. 496 on second reading. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: On May 15, 2012, the City Council moved to take up Ordinance Number 496 on first reading. The City Council further moved to introduce Ordinance No. 496 on first reading. The motion to introduce Ordinance No. 496 carried by the following vote: AYES: Council Members Evans, Franklin, Henderson, Osborne, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None FINDINGS AND ALTERNATIVES: 010 The alternatives available to the City Council include: 1. Adopt Ordinance No. 496 on second reading; or 2. Do not adopt Ordinance No. 496 on second reading; or 3. Provide staff with alternative direction. Respectfully submitted, - -45� Susan Maysels, Interim &fity Clerk Approved for submission by: Mark Weiss, Interim City Manager 071 ORDINANCE NO. 496 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 2.10 (CITY CLERK) OF THE LA QUINTA MUNICIPAL CODE, DESIGNATING THE CITY MANAGER TO SET COMPENSATION AND EXPENSE ALLOWANCE FOR THE POSITION OF CITY CLERK WHEREAS, the City has found language in need of revision in the La Quinta Municipal Code (Code), Title 2, Chapter 2.10, Section 2.10.020 regarding designation by the City Council of compensation and expense allowance limits for the position of City Clerk; and WHEREAS, the City changed the reporting relationship of the City Clerk from the City Council to the City Manager on August 3, 1999; and WHEREAS, the City wishes to change the responsibility for setting compensation and expense allowance for the City Clerk from the City Council to the City Manager to correspond with the 1999 change; and WHEREAS, the City believes that this change is in the best interest of the citizens of the City of La Quinta. NOW THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. Section 2.10.020 of the Code, CHAPTER 2.10 CITY CLERK is hereby amended To delete from Section 2.10.020 Compensation, the words "city council" twice and replace with "city manager." The amended section reads as follows: 2.10.020 Compensation. The city clerk shall receive such compensation and expense allowance as the city manager from time to time determines, and such compensation shall be a proper charge against such funds of the city as the city manager designates. SECTION 2. EFFECTIVE DATE. This Ordinance shall take full force and effect and be in force 30 days after its adoption. SECTION 3. POSTING. The City Clerk shall, within 15 days after the passage of this Ordinance, cause it to be posted in at least three public places designated by 072 Ordinance No.496 Title 2 Amendment Regarding City Clerk Compensation Adopted June 5, 2012 Page 2 of 3 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 5" day of June, 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta California ATTEST: Susan Maysels, Interim City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California is 073 Ordinance No.496 Title 2 Amendment Regarding City Clerk Compensation Adopted June 5, 2012 Page 3 of 3 STATE OF CALIFORNIA ► COUNTY OF RIVERSIDE ► ss. CITY OF LA QUINTA ) I, SUSAN MAYSELS, Interim 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. 496 which was introduced at a regular meeting on the 15th day of May, 2012 and was adopted at a regular meeting held on the 5th day of June, 2012, 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. SUSAN MAYSELS, Interim City Clerk City of La Quinta, California DECLARATION OF POSTING I, SUSAN MAYSELS, Interim City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on June 6, 2012, pursuant to Council Resolution. Susan Maysels, Interim City Clerk City of La Quinta, California 04 Tar 49"1 La' ok OF1 CITY SA / HA / FA MEETING DATE: June 5, 2012 ITEM TITLE: Approval of Second Reading and Adoption of Ordinance No. 497 Amending Title 9, Zoning, of the Municipal Code to Allow Outdoor Sales and Display at Retail Stores Greater than 100,000 Square Feet . 09.100.1201, and to Modify the Permitted Frequency of Sidewalk Sales and Commercial Events (§9.100.130). Applicant: City of La Quinta RECOMMENDATION Adopt Ordinance No. 497 on second reading. FISCAL IMPLICATIONS: ►[om CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: IO STUDY SESSION: PUBLIC HEARING: On May 15, 2012, the City Council moved to take up Ordinance Number 497 on first reading. The City Council further moved to introduce Ordinance No. 497 on first reading. The motion to introduce Ordinance No. 497 carried by the following vote: AYES: Council Members Evans, Franklin, Henderson, Osborne, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None 075 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt Ordinance No. 497 on second reading; or 2. Do not adopt Ordinance No. 497 on second reading; or 3. Provide staff with alternative direction. Respectfully submitted, Susan Maysels, lnteriffqCity Clerk Approved for submission by: VV" C - Mark Weiss, Interim City Manager 076 ORDINANCE NO. 497 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 9 OF THE LA QUINTA MUNICIPAL CODE, 1.) A PROVISION TO ALLOW OUTDOOR SALES AND DISPLAY AT RETAIL STORES HAVING GREATER THAN 100,000 SQUARE FEET OF GROSS FLOOR AREA (§9.100.120), AND 2.) MODIFY THE PERMITTED FREQUENCY OF SIDEWALK SALES AND COMMERCIAL EVENTS (§9.100.130). WHEREAS, the City recognizes the importance of accommodating and encouraging sales and commerce at local retailers during this challenging economic period; 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 24`" of April, 2012, hold a duly noticed Public Hearing for review of a Zoning Ordinance Amendment to 1.) to allow outdoor sales and display at retail stores greater than 100,000 GFA (§9.100.120), and 2.) to modify the permitted frequency of sidewalk sales and commercial events (§9.100.130) and, after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 2012-009 recommending approval of the proposed Zoning Ordinance Amendment to the City Council; and WHEREAS, the City Council held a duly noticed public hearing on the 15' day of May, 2012, and considered the evidence, written and oral, presented at the hearing. NOW THEREFORE, 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 and "B," attached hereto and incorporated herein by this reference. SECTION 2. CONSISTENCY WITH THE GENERAL PLAN. The City Council hereby finds that this Ordinance is consistent with the goals, objectives, and policies of La Quinta General Plan. The Zoning Ordinance Amendment is also consistent with the General Plan because it does not create any new or changed conditions to the environment, is intended to encourage and enhance economic growth, and allow for the continued high quality of development in the City. 077 Ordinance No.497 Zoning Ordinance Amendment 2012-107 May 15, 2012 Page 2 of 10 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. EFFECTIVE DATE. This Ordinance shall take full force and effect and be in force 30 days after its adoption. SECTION 6. POSTING. The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. PASSED, APPROVED and ADOPTED by the City Council of the City of La Quinta at a regular meeting thereof held on the 51" day of June, 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN DON ADOLPH, Mayor City of La Quinta California 1 Ordinance No.497 Zoning Ordinance Amendment 2012-107 May 15, 2012 Page 3 of 10 ATTEST: Susan Maysels, Interim City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 019 Ordinance No.497 Zoning Ordinance Amendment 2012-107 May 15, 2012 Page 4 of 10 "Exhibit A" §9.100.120 Outdoor storage and display. A. Purpose. This section provides regulations for the permanent outdoor storage and display of merchandise, materials and equipment. B. Where Permitted. The storage and/or display of any merchandise, materials or equipment outside of an enclosed building is prohibited except where permitted in accordance with this section, Section §9.80.040 pertaining to permitted uses, Section §9.100.130 pertaining to sidewalk sales and special events, or where permitted by a conditional use permit. C. Equipment, Lumber and Storage Yards. Any uncovered equipment and/or materials storage area, including vehicle storage, shall comply with the following regulations: 1. Use Permit. The establishment of any outdoor equipment or materials storage use shall require approval of a conditional use permit pursuant to Section 9.210.020. 2. Location. An equipment, material or storage yard use shall only be located where a main building is permitted by the applicable district regulations. 3. Screening. Outdoor storage yards shall be screened whenever they abut the boundary of the building site or are located between a building and an abutting street. The screening materials shall be not less than five feet high and shall be in compliance with Section §9.100.030 (Fences and walls). Screening may consist of one or a combination of the following types: a. Walls. A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of six inches thick. b. Solid Fences. Solid fences may be used for screening if approved by the decision -making authority. Such fences shall be constructed of wood or other materials with a minimum nominal thickness of two inches and shall form an opaque screen. All wood fencing shall be constructed of not less than a grade of construction heart or merchantable and better redwood or No. 2 and better (no Ordinance No.497 Zoning Ordinance Amendment 2012-107 May 15, 2012 Page 5 of 10 holes) western red cedar, stained or painted to match or complement the adjacent, wall or structure. Alternatively, if left in natural color, all wood shall be treated with a water -repellant material. C. Plant Screens. Plant materials, when used as a screen, shall consist of compact evergreen plants. Such planting shall be of a kind or used in such a manner so as to provide screening with a minimum thickness of two feet within eighteen months after initial installation. Permanent automatic irrigation shall be provided. If, eighteen months after installation, plant materials have not formed an opaque screen or if an opaque screen is -not maintained, the planning director may require that a wall, solid fence or berms be installed. D. Outdoor Display and Sales. Outdoor sales and display areas in conjunction with retail uses such as nursery and garden supply stores or departments within retail stores shall comply with the following standards: 1. Fencing. The outdoor sales and display area shall be enclosed by a wall or fence at least four feet high which obscures views from streets or public parking areas into the area. The color and materials used to fence the area shall be complementary to the color and materials used in buildings on - site. Chain link fencing is not permitted. 2. Building Design. When the Outdoor sales area is an extension of retail uses within an adjacent building, it shall be enclosed by a wall which is, by exterior appearance, an extension of the adjacent building. The design of the building and outdoor area shall appear as a single structure. E. Outdoor Display and Sales for Commercial Retail Uses Greater than 100,000 Square Feet. Outdoor display and sales areas in conjunction with retail commercial businesses having over 100,000 square feet of gross floor area (GFA) may be permitted subject to the approval of a conditional use permit in accordance with Section 9.210.020. The conditional use permit shall establish standards for each facility in addition to the requirements of this section: 1. Area. Outdoor display and sales areas shall not exceed 10% of the gross floor area of the retail commercial building. 081 Ordinance No.497 Zoning Ordinance Amendment 2012-107 May 15, 2012 Page 6 of 10 2. Locations. Outdoor display and sales areas shall be restricted to those locations identified on an approved plan -designated area and shall comply with the following standards: a. Permitted locations for outdoor display and sales areas shall be in conformance with all current fire, health, building and safety codes. b. Outdoor display and sales areas may be permitted within designated portions of sidewalk, patios, and similar areas within proximity to the storefront. C. No outdoor display and sales area shall obstruct an entrance or exit to any building, impede the flow of pedestrian or vehicular traffic, or obstruct access to any parking space or drive aisle. d. Permanent modifications to the building, landscaping, or site plan for purposes of outdoor display shall require approval through the City's development review process. 3. Performance Standards. Items and materials to be displayed outdoors within designated areas shall comply with the following standards: a. All items and materials to be displayed outdoors shall be in conformance with current fire, health, building and safety codes. b. No item shall be displayed in a manner that causes a safety hazard or public nuisance. C. Fixtures and tables used to display merchandise shall be maintained in good repair. d. Signs, flags, banners, placards, balloons, streamers, spot lighting, amplified music, or similar features shall be prohibited unless otherwise permitted and approved through a separate sign permit. e. Outdoor display and sales areas shall be kept clean and maintained on a continual basis. 4. Authority to Suspend Operations. Failure to comply with these provisions is subject to suspension or revocation of a permit. It 082 Ordinance No.497 Zoning Ordinance Amendment 2012-107 May 15, 2012 Page 7 of 10 F. Vehicle Sales. The outdoor display and sales of vehicles shall be subject to the approval of a conditional use permit in accordance with Section 9.210.020. The use permit shall establish standards for each such facility. Such standards shall include at a minimum: 1. Landscaping. Perimeter landscaping conforming to that required for the applicable zoning district per Chapter 9.90. 2. Lighting. Outdoor lighting conforming to the standards of Section 9.100.150. 3. Vehicle Display. Precise delineation of the location and limits of outdoor vehicle display and storage areas, plus prohibition of focal display areas elevated more than one foot above the average finish grade of the overall outdoor display area. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 284 § 1 (Exh. A) (part), 1996) 083 Ordinance No.497 Zoning Ordinance Amendment 2012-107 May 15, 2012 Page 8 of 10 "Exhibit B" §9.100.130 Sidewalk sales and commercial events. A. Purpose. This section provides regulations for: (1) the temporary outdoor sale of merchandise by retail businesses, and (2) special outdoor commercial events within shopping centers. B. Definitions. For purposes of this section, the following definitions shall apply: 1. A "sidewalk or parking lot sale" means the temporary outdoor display and sale by a retail business, of merchandise which is normally displayed indoors at the same location as the outdoor sale. 2. A special commercial event means the temporary outdoor display and sale of merchandise, not necessarily sold indoors at the same location, arts and crafts shows, entertainment, or similar events within a commercial center. C. Temporary Use Permit Required. Sidewalk sales and special events in commercial centers are permitted subject to issuance of a temporary use permit and compliance with the following provisions: 1. The application for a temporary use permit for a sidewalk sale or a special commercial event shall include a site plan indicating the location of the temporary uses and demonstrating maintenance of adequate parking, site circulation and emergency access. 2. A sidewalk sale or a special commercial event may be conducted over a maximum of four consecutive days and no more than once per month at any location, not to exceed six times per year. Each such event shall require the approval of a temporary use permit. Special commercial events which benefit nonprofit organizations can be held more than six times per year if conducted on sidewalk areas and approved by the planning Ordinance No.497 Zoning Ordinance Amendment 2012-107 May 15, 2012 Page 9 of 10 3. Adequate and legal pedestrian access shall be maintained around merchandise or displays placed on a sidewalk or walkway. 4. Adequate vehicle access shall be maintained around merchandise, displays or temporary structures placed in parking areas. 5. A cash bond or other guarantee shall be posted for removal of the temporary use and cleanup and restoration of the activity site within seven days of the conclusion of the event. P. The application shall be reviewed by the fire marshal and the event shall comply with fire prevention standards and emergency access requirements as approved and enforced by the fire marshal. 7. Temporary signs may be permitted subject to the provisions of Section 9.160.060 (Permitted temporary signs). (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 284 § 1 (Exh. A) (part), 1996) 4 085 Ordinance No.497 Zoning Ordinance Amendment 2012-107 May 15, 2012 Page 10 of 10 STATE OF CALIFORNIA ► COUNTY OF RIVERSIDE ► ss. CITY OF LA QUINTA ) I, SUSAN MAYSELS, Interim 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. 497 which was introduced at a regular meeting on the 15th day of May, 2012 and was adopted at a regular meeting held on the 5th day of June, 2012, 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. 2006-115. SUSAN MAYSELS, Interim City Clerk City of La Quinta, California DECLARATION OF POSTING I, SUSAN MAYSELS, Interim City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on June 6, 2012, pursuant to Council Resolution. Susan Maysels, Interim City Clerk City of La Quinta, California lie IC"/ SA / HA / FA MEETING DATE: June 5, 2012 ITEM TITLE: Approval of Second Reading and Adoption of Ordinance No. 498 Amending Title 9, Zoning, of the Municipal Code to Require a Specific Plan for Any New Development on a Lot that is One -Half Acre or Greater in Size and Located within the Village Commercial District (§9.65). Applicant: City of La Quinta RECOMMENDATION Adopt Ordinance No. 498 on second reading. FISCAL IMPLICATIONS: 1► 6M CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: IL STUDY SESSION: PUBLIC HEARING: On May 15, 2012, the City Council moved to take up Ordinance Number 498 on first reading. The City Council further moved to introduce Ordinance No. 498 on first reading. The motion to introduce Ordinance No. 498 carried by the following vote: . AYES: Council Members Evans, Franklin, Henderson, Osborne, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None OII7 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt Ordinance No. 498 on second reading; or 2. Do not adopt Ordinance No. 498 on second reading; or 3. Provide staff with alternative direction. Respectfully submitted, Susan Maysels, Interim 19ity Clerk Approved for submission by: Mark Weiss, Interim City Manager i' ORDINANCE NO. 498 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 9 OF THE LA QUINTA MUNICIPAL CODE, TO REQUIRE A SPECIFIC PLAN FOR ANY NEW DEVELOPMENT ON A LOT THAT IS '/2 ACRE OR GREATER IN SIZE AND LOCATED WITHIN THE VILLAGE COMMERCIAL DISTRICT 09.65) WHEREAS, the City recognizes the importance of providing flexibility in the development review process while at the same time insuring development is consistent with the policies of City's General Plan; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 24" of April, 2012, hold a duly noticed Public Hearing for review of a Zoning Ordinance Amendment to require a specific plan for any new development located on a parcel '/2 acre or greater in size within the Village Commercial District 09.65►, and WHEREAS, the City Council held a duly noticed public hearing on the 15'" day of May, 2012, and considered the evidence, written and oral, presented at the hearing. NOW THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. Title 9, the Zoning Ordinance of the La Quinta Municipal Code, is amended as identified on Exhibit "A" on file in the Planning Department and with the City Clerk. 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 that it does not create any new or changed conditions to the environment and is intended to encourage flexibility in development awhile insuring consistency with City's General Plan. 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. Each application submitted as a result of this Amendment 089 Ordinance No. 498 Zoning Ordinance Amendment 2012-108 Adopted June 5, 2012 Page 2 of 11 will be further assessed under the California Environmental Quality Act on a case - by -case basis. 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. EFFECTIVE DATE. This Ordinance shall take full force and effect and be in force 30 days after adoption. SECTION 6. POSTING. The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. PASSED, APPROVED and ADOPTED by the City Council of the City of La Quinta at a regular meeting thereof held on the 5tn day of June, 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta California 090 Ordinance.No. 498 Zoning Ordinance Amendment 2012-108 Adopted June 5, 2012 Page 3 of 11 ATTEST: Susan Maysels, Interim City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California r. 091 Ordinance No. 498 Zoning Ordinance Amendment 2012-108 Adopted June 5, 2012 Page 4 of 11 EXHIBIT A 9.65.010 Introduction. A. Role of The Village at La Quinta Design Guidelines. The provisions of this chapter, regulating uses and structures within The Village at La Quinta area, implement the concepts and guidance set forth in The Village at La Quinta Design Guidelines ("guidelines"). Land uses and development proposed in The Village area shall be designed and evaluated in conjunction with those guidelines. B. Purpose of Design and Development. The following purpose statements reflect the design concepts envisioned by the guidelines: 1. Develop The Village area as a year-round commercial, residential and recreational location, serving residents and guests of the greater La Quinta community; 2. Promote development standards to accommodate projects and activities which will provide goods, services and housing in a design environment supportive of the concepts set out in the guidelines: promoting pedestrian accessibility and scale, maintaining connections to La Quinta's artistic and architectural heritage, and guiding design to acknowledge and embrace the desert environment. (Ord. 323 § 3 (Exh. B) (part), 1998) 9.65.015 Specific Plan Requirement. A All new development proposals located in the Village Commercial District and on a parcel '/2 acre or greater in size shall require approval of a specific plan A "new development proposal" is defined as a new building construction proposed for vacant property or associated with demolition and reconstruction of an existing building Specific plans shall be subject to review per La Quinta Municipal Code Section 9.240.010. Except that upon a finding of good cause the City Council may waive the requirement for a' specific plan. 9.65.020 Permitted uses. A. Permitted uses in the VC zoning district will combine essential day-to-day neighborhood goods and services, tourism and visitor -based retail and 092 Ordinance No. 498 Zoning Ordinance Amendment 2012-108 Adopted June 5, 2012 Page 5 of 11 entertainment opportunities, and facilities necessary for the operational demands of such uses. B. Except as otherwise approved as part of a specific plan for the property, the following uses are permitted in the VC zoning district with approval of a Village use permit (VUP), pursuant to the procedures set forth in Section 9.65.040. Where a determination on a particular use is necessary, it shall be made pursuant to Section 9.65.040(C): 1. Multifamily Residential Dwellings. Such uses include condominiums, apartments and similar housing types. Residential density shall be determined on a site specific basis, based on the development capacity for the proposed project uses on the site. The ultimate decision on density shall rest with the planning commission; 2. Commercial guest lodging (including bed and breakfast) and associated uses, such as retail shops, restaurants and conference rooms; 3. Indoor or outdoor professional art studios, displays and/or galleries, for all artistic endeavors and production, to include dance, painting, sculpting, ceramics, jewelry, glass blowing, photography, hand -made furniture, stone cutting, and similar activities. There may be sales, presentations and displays or demonstrations to the public; 4. Professional service offices providing limited sales, such as medical, dental, veterinary clinic, dietician, optician, catering, attorney, real estate, banking, mortgage broker, social and community service offices, property management, financial services, beautician, barber, reproduction service, tailor, cleaners and laundry, postal services, services such as shoe, watch, jewelry and bicycle repair, and similar uses. Offices with larger scale service aspects, such as limousine and auto rental services, are permitted (vehicles may be stored in the district). Uses such as construction management offices are permitted provided construction materials and job equipment are not kept on premises; 5. Prepared food service for on -site consumption, drive-in and drive - through, and/or carry -out, including fast-food restaurants, delicatessen, tea, coffee and ice cream shops, pizzerias, and similar uses; 6. Prepared food sold specifically for on -site consumption, with indoor/outdoor seating. Such uses include fine dining and other low to medium turnover restaurants; cocktail lounges, dinner clubs, sports bar/lounge, bar/grill, night clubs and similar uses, with alcohol sales for on - site consumption only, along with live, recorded or other entertainment in 093 Ordinance No. 498 Zoning Ordinance Amendment 2012-108 Adopted June 5, 2012 Page 6 of 11 or outdoors such as music and/or dancing, karaoke, arcade games, pool, billiard or shuffleboard tables, etc.; 7. Public indoor assembly/entertainment facilities, such as auditoriums, theaters, dinner theaters, conference center, gymnasium facilities, concert halls and related uses; 8. Indoor facilities for education, training, self-help and improvement, hobbies, or vocational purposes, both public and private. These may be located in any facility which can accommodate the use, such as ability to meet occupancy requirements, etc.; 9. Indoor/outdoor cultural, historic and similar displays and galleries for all types of artifacts and/or artistic media, such as museums, auction houses and consignment rooms. Such uses may include sale of display art pieces; 10. Retail merchandise sales of limited goods (goods that can be carried out and hauled by the customer), such as antiques, appliances, bicycles, wholesale and/or retail foods, newspaper and magazines, tobacco products, kitchen and bath shops, video and audio equipment, clothing, pets and pet supplies, office equipment and supplies, party and/or costume rentals, sporting goods, home furnishings, hardware and home improvement, and other related uses. C. The permitted uses in The Village area do not preclude other similar uses which are compatible with the specifically identified uses and otherwise meet the criteria for Village use permits. (Ord. 480 § 1, 2010; Ord. 323 § 3 (Exh. B) (part), 1998) 9.65.030 General development standards. A. Purpose. Except as otherwise approved as part of a specific plan for the property, this section outlines the development standards to be adhered to in the VC zoning district. These relate primarily to the performance standards commonly associated with typical zoning enforcement, such as parking, setbacks, and height limits. This district is to be considered as stand-alone, in that application of the overall zoning code to Village area projects shall be accomplished through design review during the Village use permit process, prioritizing the guideline concepts and the VC zoning district above the applicable zoning code standards. 1. Setbacks. Setback criteria shall be determined based on the existing site conditions and surroundings, in conjunction with the guidelines and the proposed project characteristics. 094 Ordinance No. 498 Zoning Ordinance Amendment 2012-108 Adopted June 5, 2012 Page 7 of 11 a. Setbacks along front, side, and rear property lines are not required; however, any setback provided must be made wide or deep enough to be usable space, such as for pedestrian access to side -loading commercial space, stairwells, or through -access between front and rear of the building(s). b. Projects with any retail commercial components shall maintain a minimum ten -foot landscaped setback from any RVL, RL or RMH zoned properties. c. No utility equipment shall be allowed above ground in the right-of- way. Such equipment shall be integrated into the footprint of the proposed building. 2. Heights. Building height shall be limited to thirty-five feet, or two stories, for main building mass. Architectural and roof projections not providing habitable or otherwise usable space, such as chimneys, spires, finials, and similar features shall be permitted to extend up to three feet above the maximum structure height. Structure height shall be measured pursuant to zoning code Section 9.50.050. 3. Parking. Parking area requirements for permitted uses shall be determined by staff as set forth in Chapter 9.150 of the Zoning Code, with the following consideration: a. All current parking regulations shall be applicable, such as required number of stalls, space and aisle dimensions, location of parking areas, etc. However, in the VC zoning district, variations to any parking standards can be approved. 4. Landscaping. Project landscaping shall be provided to implement the guidelines and existing city policies. 5. Screening. Project parking service area and trash enclosure screening shall be provided to implement the guidelines and existing city policies. 6. Lighting. Project landscape, parking, building and pedestrian lighting shall be provided to implement the guidelines and existing city policies. 7. Special Sign Allowances. For Village area development, it is determined that in order to preserve the greater aesthetic benefits and historic character of The Village area, designated landmarks or historic resources, as defined in Chapter 7.02 of this code, are considered exempt from the regulations set forth in Chapter 9.160, with the exception that any signs proposed shall be subject to obtaining an approved sign program through the, certificate of appropriateness process for historic buildings and 095 Ordinance No. 498 Zoning Ordinance Amendment 2012-108 Adopted June 5, 2012 Page 8 of 11 structures. (Ord. 361 § 1 (Exh. A) (part), 2001; Ord. 323 § 3 (Exh. B) (part), 1998) 9.65.040 Village use permit review process. A. Purpose and Intent. This section is intended to provide for specific design review procedures for uses and projects proposed in The Village area. B. Preliminary Development Plans. Any potential project applicant in The Village area has the option to file a preliminary development plan (PDP) to ascertain anticipated conditions, requirements and costs associated with a proposal. This allows the applicant to be informed of any potentially significant issues which may affect any decision to pursue the project. There shall be no fees charged to any applicant who wishes to utilize this process, which offers the following advantages: 1. Provides a comprehensive overview of city applications, fees, and other requirements necessary to obtain project approval, in writing; 2. Provides previous project background which can speed up the formal approval process when the project is submitted; 3. The written information can be used as the basis for an estimate of project costs, in order to determine a project's viability. Submittal for this process consists of five sets of a site plan, floor plan and four -point elevations, in conceptual format, and a brief, written project overview which should list the site location, assessor's number, acreage, etc. Within thirty calendar days of receipt of a preliminary development plan application, a review letter shall be issued to the applicant, incorporating all comments received during the review period. C. Interpretations on Permitted Uses. Where it is unclear as to whether a use is permitted, a request for an interpretation of the use in question may be made, in writing, to the planning director. Within ten calendar days of receipt of such a request, the director shall either render a decision on the request or inform the inquiring party of deferral of his decision to the planning commission. A written decision to defer to the planning commission shall specify the earliest available planning commission meeting for the decision to be considered to be no later than thirty calendar days from the date of the director's notice of deferral. A decision by the director or planning commission may be appealed pursuant to Section 9.20.040. D. Village Use Permit Requirements. Except as otherwise approved as part of a specific plan for the property, all new development proposals in the Village Ordinance No. 498 Zoning Ordinance Amendment 2012-108 Adopted June 5, 2012 Page 9 of 11 Commercial District shall be required to file an application for a village use permit. A "new development proposal" is defined as a new building construction proposed for vacant property or associated with demolition and reconstruction of an existing building. Village use permits shall be subject to review by the planning commission as a public hearing. E. Any proposal in the VC zoning district without prior Village use permit approval determined as not meeting the criteria in subsection D of this section shall be subject to review by the planning director. 1. Administrative approval may be given by the planning director for any building additions and/or exterior building, architectural design and site modifications that are determined by the planning department to implement the concepts set forth in "The Village at La Quinta Design Guidelines." The planning director may refer the project to the planning commission. 2. Additions and exterior building and site modifications that do not fall under Subsection 1 above, shall be approved by the planning commission as a public hearing under the Village use permit process. F. Findings for Approval. The following findings shall be made by the decision -making authority prior to the approval of any village use permit: 1. Consistency with General Plan. The development of the proposed use is consistent with the La Quinta general plan; 2. Consistency with Zoning Code and Specific Plan. The development of the proposed use is consistent with the La Quinta zoning code and any applicable specific plan; 3. Compliance with CEQA. The proposed Village use permit application has been processed in compliance with the requirements of CEQA; 4. Surrounding Uses. Approval of the proposed Village use permit will not create conditions materially detrimental to the public health, safety and general welfare, or injurious to or incompatible with other properties or land uses in the vicinity; 5. Architectural Design. The architectural design of the project, including but not limited to the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements are compatible with surrounding development and the quality of design illustrated in the Village at La Quinta Design Guidelines; 6. Site Design. The site design of the project, including but not limited to project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements are compatible with surrounding 097 Ordinance No. 498 Zoning Ordinance Amendment 2012-108 Adopted June 5, 2012 Page 10 of 11 development and the quality of design illustrated in The Village at La Quinta Design Guidelines; 7. Landscape Design. Project landscaping, including but not limited to the location, type, size, color, texture and coverage of plant materials, has been designed so as to provide visual relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, and provide an overall unifying influence design, and elements of the Village use permit are compatible with surrounding development and the concepts of The Village at La Quinta Design Guidelines; 8. Sign Programs. Per Section 9.160.090 (Sign permit review), in order to approve a planned sign program the decision -making authority must find that: a. The sign program is consistent with the purpose and intent of Chapter 9.160 (Signs), b. The sign program is in harmony and visually related to: i. All signs within the planned sign program, via the incorporation of several common design elements such as materials, letter style, colors, illumination; sign type or sign shape, ii. The buildings they identify. This may be accomplished by utilizing materials, colors or design motif included in the building being identified, iii. Surrounding development. Implementation of the planned sign program will not adversely affect surrounding land uses or obscure adjacent conforming signs. G. Appeals, Amendments and Time Extensions. Appeals, amendments and time extensions relating to Village Use Permits shall be reviewed pursuant to Chapter 9.200 of this title. (Ord. 361 § 1 (Exh. A) (part), 2001; Ord. 323 § 3 (Exh. B) (part), 1998) 098 Ordinance No. 498 Zoning Ordinance Amendment 2012-108 Adopted June 5, 2012 Page 11 of 11 STATE OF CALIFORNIA 1 COUNTY OF RIVERSIDE ► ss. CITY OF LA QUINTA 1 I, SUSAN MAYSELS, Interim 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. 498 which was introduced at a regular meeting on the 15th day of May, 2012 and was adopted at a regular meeting held on the 5th day of June, 2012, 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. 2006-115. SUSAN MAYSELS, Interim City Clerk City of La Quinta, California DECLARATION OF POSTING I, SUSAN MAYSELS, Interim City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on June 6, 2012, pursuant to Council Resolution. Susan Maysels, Interim City Clerk City of La Quinta, California 099 CITY SA / HA / FA MEETING DATE: June 5, 2012 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Tract Map No. 31202-3, Rancho Santana, Oak Tree Industries, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: I Z STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to June 21, 2013 for Tract Map No. 31202-3, Rancho Santana, Oak Tree Industries, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Rancho Santana (Tract Map No. 31202-3) is located south of Avenue 52 and west of Monroe Street (Attachment 1). On August 4, 2005, Oak Tree Industries, Inc. entered into a SIA for Tract Map No. 31202-3, Rancho Santana. Section 6 of the SIA requires: "that the subdivision improvements shag be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the improvements in response to changes in standards or conditions affecting or affected by the 100 improvements. On August 1, 2006, the City Council adopted a resolution granting a time extension for the completion of the on -site improvements to August 4, 2007. On June 2, 2009, the City Council adopted a resolution granting a second time extension for the completion of the on -site improvements to March 31, 2010. On June 21, 2011, the City Council adopted a resolution granting a third time extension for the completion of the on -site improvements to June 21, 2012. In a letter dated May 15, 2012 (Attachment 2), the developer states that only two new homes have closed escrow since the last time extension and the REOs and short sales continue to negatively impact the pricing of the new homes. Therefore, the developer requests a time extension to complete the remaining on -site improvements. The remainder of the on -site improvements includes the final lift of paving on various streets. The street capping will be performed as home construction is completed. Staff has prepared the attached resolution which provides for approval of the fourth time extension of the SIA to June 21, 2013. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the on -site improvements as specified in the approved SIA to June 21, 2013 for Tract Map No. 31202-3, Oak Tree Industries, Inc.; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the on -site improvements as specified in the approved SIA to June 21, 2013 for Tract Map No. 31202-3, Oak Tree Industries, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, 4ot4hy R. o ass n E. Public Works Director/City Engineer .y 101 Approved for submission by: �- 2s Mark Weiss, Interim City Manager Attachments: 1. Vicinity Map 2. Letter from John Pedalino dated May 15, 2012 102 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ON -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO JUNE 21, 2013 FOR TRACT MAP NO. 31202-3, RANCHO SANTANA. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31202-3, Rancho Santana, on August 4, 2065; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by June 21, 2012, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the on -site improvements as required by the approved SIA is extended to June 21, 2013. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on June 21, 2013. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. 4 103 Resolution No. 2012- Tract Map No. 31202-3. Rancho Santana Adopted: June 5, 2012 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5Lh day of June 2012, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: SUSAN MAYSELS, Interim City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California DON ADOLPH, Mayor City of La Quinta, California 4 ' 104 ATTACHMENT 1 TM 31202-3 RANCHO SANTANA HWY 111 HWY 111 JDR.CARREON BLVD w AVENUE 48TH w ir V) AVENUE 50TH o z w z ir � LLJZ O U AVENUE 52ND SITE AVENUE 54TH VICINITY MAP NOT TO SCALE 105 ATTACHMENT. 2 IDANCHO SANTANA JLX May 15, 2012 RECEIVED Mr. Tim Jonasson Director of Public Works, City Engineer ' MAY 162011 City of La Quinta PUBLIC WORKS 78-945 Calle Tampico OeveloPment1%rvic" La Quinta, CA 92247 RE: Request for Time Extension for Subdivision Improvement Agreements (SIAs) Tract Maps 31202-3 and 31202-4, Rancho Santana Mr. Jonasson:- The purpose of this letter is to formally request a time extension for the Subdivision Improvement Agreements (SIA) for Tract 31202-3 and 31202-4, the Rancho Santana Development located at the southwest comer of Avenue 52 and Monroe Street. Since the time of the prior request for extension, we have only closed escrow on two new homes. Although we continue to actively market the new homes, the REOs and Short Sales continue to negatively impact the pricing of the new homes. As previously indicated we will complete the street capping when home construction is completed. Therefore,.we are requesting that the SIAs for Tract 31202-3 and Tract 31202-4 be extended through June 30, 2013. Please call me at (760) 777-9920 if you have questions or need additional information. Thank you very much for your consideration of this matter. Sind rely, John R. Pedalino President, Desert Cheyenne, Inc. 78401 Hwy. III St. X La Quinta, CA 92253 (760)777-9920 Fax (760)777-9918 106 IT / SA / HA / FA MEETING DATE: June 5, 2012 ITEMTITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Tract Map No. 31202-4, Rancho Santana, Oak Tree Industries, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 13 STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to June 21, 2013 for Tract Map No. 31202-4, Rancho Santana, Oak Tree Industries, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Rancho Santana (Tract Map No. 31202-4) is located south of Avenue 52 and west of Monroe Street (Attachment 1). On August 4, 2005, Oak Tree Industries, Inc. entered into a SIA for Tract Map No. 31202-4, Rancho Santana. Section 6 of the SIA requires: "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the improvements in response to changes in standards or conditions affecting or affected by the 101 improvements. On August 1, 2006, the City Council adopted a resolution granting a time extension for the completion of the on -site improvements to August 4, 2007. On June 2, 2009, the City Council adopted a resolution granting a second time extension for the completion of the on -site improvements to March 31, 2010. On June 21, 2011, the City Council adopted a resolution granting a third time extension for the completion of the on -site improvements to June 21, 2012. In a letter dated May 15, 2012 (Attachment 2), the developer states that only two new homes have closed escrow since the last time extension and the REOs and short sales continue to negatively impact the pricing of the new homes. Therefore, the developer requests a time extension to complete the remaining on -site improvements. The remainder of the on -site improvements includes the final lift of paving on various streets. The street capping will be performed as home construction is completed. Staff has prepared the attached resolution which provides for approval of the fourth time extension of the SIA to June 21, 2013. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the on -site improvements as specified in the approved SIA to June 21, 2013 for Tract Map No. 31202-4, Oak Tree Industries, Inc.; or 2. Do not adopt a Resolution of the, City Council to extend the time for completion of the on -site improvements as specified in the approved SIA to June 21, 2013 for Tract Map No. 31202-4, Oak Tree Industries, .Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, 4MOthyjRoass99 .E. Public Works Directb►JCity Engineer 10 108 Approved for submission by: Mark Weiss, Interim City Manager Attachments: 1. Vicinity Map 2. Letter from John Pedalino dated May 15, 2012 109 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ON -SITE IMPROVEMENTS AS -SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO JUNE 21, 2013 FOR TRACT MAP NO. 31202-4, RANCHO SANTANA. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31202-4, Rancho Santana, on August 4, 2005; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by June 21, 2012, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and condition's of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the on -site improvements as required by the approved SIA is extended to June 21, 2013. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on June 21, 2013. If the Subdivider has not completed the improvements, the City, in its sole discretion, and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. 110 Resolution No. 2012- Tract Map No. 31202-4, Rancho Santana Adopted: June 5, 2012 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 51" day of June 2012, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: SUSAN MAYSELS, Interim City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ATTACHMENT 1 TM 31202-4 RANCHO SANTANA HWY 111 HWY 111 JDR.CARREON BLVD w N AVENUE 48TH w �- w Lu AVENUE 50TH 0 z w z x w a' z Y � Li a O AVENUE 52ND ' WE AVENUE 54TH CINITY MAP NOT TO SCALE 112 ATTACHMENT 2 V$��ANCHO SANTANA May 15, 2012 Mr. Tim Jonasson MAY 16 Director of Public Works, City Engineer 2012 City of La Quinta PUBLIC WORKS 78-945 Calle Tampico D'velownentse e.. La Quinta, CA 92247 RE: Request for Time Extension for Subdivision Improvement Agreements (SIAs) Tract Maps 31202-3 and 31202-4, Rancho Santana Mr. Jonasson: The purpose of this letter is to formally request a time extension for the Subdivision Improvement Agreements (SIA) for Tract 31202-3 and 31202-4, the Rancho Santana Development located at the southwest comer of Avenue 52 and Monroe Street. Since the time of the prior request for extension, we have only closed escrow on two new homes. Although we continue to actively market the new homes, the REOs and Short Sales continue to negatively impact the pricing of the new homes. As previously indicated we will complete the street capping when home construction is completed. Therefore, we are requesting that the SIAs for Tract 31202-3 and Tract 31202-4 be extended through June 30, 2013. Please call me at (760) 777-9920 if you have questions or need additional information. Thank you very much for your consideration of this matter. Sine rely, John R. Pedalino President, Desert Cheyenne, Inc. 78401 Hwy. III St. X La Quinta, CA 92253 (760)777-9920 Fax (760)777-9918.. 113 Tar444 CITY SA / HA / FA MEETING DATE: June 5, 2012 ITEM TITLE: Acceptance of On -Site Improvements Associated with Tract Map No. 35996, Trilogy, Shea La Quinta, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept on -site improvements associated with Tract Map No. 35996, Trilogy, Shea La Quinta, LLC and authorize staff to release the performance security. FISCAL IMPLICATIONS: None. No public improvements will be accepted with this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 35996, Trilogy, Shea La Quinta, LLC, is located to the south and west of the existing Trilogy project generally west of Monroe Street between Avenue 60 and Avenue 62 (Attachment 1). The improvements include curb & gutter, curb ramps, walls, storm drain, catch basins, landscaping, signing, striping, and asphalt concrete pavement. All obligations of the Subdivision Improvement Agreement (SIA) for the on - site improvements have been satisfied. 114 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the on -site improvements associated with Tract Map No. 35996, Trilogy, Shea La Quinta, LLC and authorize staff to release the performance security; or 2. Do not accept the on -site improvements associated with Tract Map No. 35996, Trilogy, Shea La Quinta, LLC and do not authorize staff to release the performance security; or 3. Provide staff with alternative direction. Respectfully submitted, imothy R Jo as P.E. Public Wor irector/City Engineer Approved for submission by: LV - � <2_- Mark Weiss, Interim City Manager Attachment: 1. Vicinity Map 115 ATTACHMENT 1 TRACT MAP NO. 35996 60 a :!. _._.__J_.._ _ VICINITY M NOT TO SCALE r II& Tjhf 4 4 a" CITY / SA / HA / FA MEETING DATE: June 5, 2012 ITEM TITLE: Adoption of a Resolution Granting Approval of a Final Map for Parcel Map No. 36329, Public Property at Avenue 52 and Bermudas, Owner: City of La Quinta RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: S STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting approval of a Final Map for Parcel Map No. 36329, Public Property at Avenue 52 and Bermudas, Owner: City of La Quinta FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 36329 is located south of Calle Amigo, north of Francis Hack Lane, and east of Avenida Bermudas (Attachment 1). This map consists of four (4) parcels including the Fritz Burns Park, City Corporate Yard, and Fire Station No. 32 on approximately 13.6 acres. Tentative Parcel Map No. 36329 was approved in a Director's Hearing on December 15, 2010. The applicant is requesting the City Council's approval of the Final Map (Attachment 2). The Final Map is technically correct. City staff has prepared the attached resolution which provides for approval of the Final Map. The Final Map is suitable for recording by the County Recorder, with all required signatures (except the City Engineer and City Clerk). After City Council's approval of the Final Map, the City Engineer will sign the Final Map and the City Clerk will affix the City seal to the Final Map and offer the Final Map for recording by. the County Recorder. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 11. Adopt a Resolution of the City Council granting approval of a Final Map for Parcel Map No. 36329, Public Property at Avenue 52 and Bermudas, Owner: City of La Quinta; or 2. Do not adopt a Resolution of the City Council granting approval of a Final Map for Parcel Map No. 36329, Public Property at Avenue 52 and Bermudas, Owner: City of La Quinta; or 3. Provide staff with alternative direction. Respectfully submitted, ic.► k imothy R. of ass P.E. Public Works irec or/City Engineer Approved for submission by: Mark Weiss, Interim City Manager Attachments: 1. Vicinity Map 2. Parcel Map 36329 118 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING FINAL MAP APPROVAL OF PARCEL MAP NO. 36329, PUBLIC PROPERTY AT AVENUE 52 AND BERMUDAS, OWNER: CITY OF LA QUINTA WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The Final Map for Parcel Map 36329 is technically correct. Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative parcel map, the Subdivision Map Act and all ordinances of the City. If 119 Resolution No. 2012- Parcel Map 36329, Owner: City of La Quints Adopted: June S, 2012 Page 2 Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed all required items to finalize the Parcel Map to the City Engineer's satisfaction. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5`h day of June 2012, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: SUSAN MAYSELS, Interim City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California DON ADOLPH, Mayor City of La Quinta, California 4 120 ATTACHMENT 1 PARCEL MAP 36329 lki GALL,E °gMIGO_ VICINITY MAP 121 ATTArNMENT 2 �� F �a �Q r �� r I.RM � • • � �v� V^ ag< r � 13Jo z *S' bygayg C:. �7 k • 88 Cg y ale k� W2 k 1 ffk€i 9 3 NsI@ 8 >391 Mks 2 ���� i J� a�8F7=`= 6k h5 MNV Ma ESt <ggo .?,I N R e ak��so'3 �Y CD „5 sMM •m� [emu � k $ �� tl �o �g - E� � ���i 7 igg0 3 �g < 0 3F gs� �; 9k �k 4 k=°4 �y Y& g vi z o °t° �� k� k k 3 P; 4 ¢¢C 8 Q o.�°, �� • < k� R ky� 8 � kk�� "N 5 5sp a q®y ¢¢3 k oa a g a s s g 6 o SSE PSE WIN @@ 0 J>° pa e 05 atl till_ �w a � A. < -U�" k a aY m°W z aN= el MIX' ICI H8 $01Kgill is a m G..%a eSY £ y# k OIR> $ �Eaa 3 .j Yss DER p1.k b;� 1k19 �t WP 4 a€ �knk4 a �a a ik e 122 o o 3 tx 8 4^g d p €�Y b F Z a Ao yo Gd � i yyyy c 3 n!8i d � Ilk i �" gg o + 1 y is$iClyybtl9"'gam . lip 7&> �" 11 11 11 AA � � � � "€q 9 si s T T T i .. ri ., Y .. ��� W `" "• °• 9 9 3� a i 9 i S Mks„begqA '^omyd�yyp s&i')Sq� p5p'99 $i ,n�7: e^ eR .t9eC �/�w'd vi y sF R�Rrr Si"'��2 �?eBQRl7jF� II Ia Y OIL OMoS;m 9'J 5'99i 99'� b o �' �csaaaseas� ff f� o z i i \'zy�e' i� (a .aul .mZt[4 3LL$9WX pn 3y� ��R.wvK).Hms (nl lu,cnooX 1 0 3AW0 b n.xs»oo o� ^ L• 11 n s 9n15 1�3G a W,.�\ W w I 1 IYe 1 ..ZL19 i(LA19XX — =UW"° 1i 1, ry I al lb Igo IF 7 '�-+ �tP- - 33 ON W., pg t 1 RtL. 3F1.99LW lSM.9iLCl .A9.LLLmM) - [ - nLLp: , .!L'M .B9'99 IZtl .99--- i-AM1mW _ sls�L_ — uslvltt SVOMfM VQNMV -� l9 Ulf 3$I�wM" T—f T-1 T--rT-Ka.�n. 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COUNCIL/RDA MEETING DATE: June 5, 2012 ITEM TITLE: Approval of a Grant Application to the South Coast Air Quality Management District for Two Solar Panel Projects and an Electric Vehicle Charging Station Project RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a grant application to the South Coast Air Quality Management District for two solar panel projects and an electric vehicle charging station project. FISCAL IMPLICATIONS: The total available from AQMD to fund our projects is approximately 21-.2 million dollars and we are asking for the following amounts: City Hall Solar Panel Project $ 938,000 Library/Senior Center Solar Panel Project $1,043,000 Village Electric Vehicle Charging Stations $ 103,000 TOTAL $2,084,000 Should the City Council approve the grant application for submission, and should the City's grant application be selected for funding, staff will establish a revenue account to accept the funding, and a corresponding expenditure account to track expenses. CHARTER CITY IMPLICATIONS: None. 126 BACKGROUND AND OVERVIEW: On May 1, 2012 City Council approved the 2012/2013 through 2016/2017 Capital Improvement Program (CIP). As part of this CIP, staff identified six projects that were going to be submitted for the AQMD grant funding. After further review of the application packet, staff has determined that only three of the proposed projects will competitively qualify for the funding. These projects are the City Hall Solar Panel Project, the Library/Senior Center Solar Panel Project and the Village Electric Vehicle Charging Station project, which are all listed as Add Projects in the CIP. Staff recommends that the City Council approve a grant application for the solar panel and electric vehicle charging station projects to continue the City Council's priority of becoming a Coachella Valley model in green projects and emissions reduction. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a grant application to the South Coast Air Quality Management District for two solar panel projects and an electric vehicle charging station project; or 2. Do not a grant application to the South Coast Air Quality Management District for two solar panel projects and an electric vehicle charging station project; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R. Jo son, P.E. Director of Pu c Works/City Engineer Approved for submission by: Mark Weiss, Interim City Manager + 127 ceityl 4 4 a" FA MEETING DATE: June 5, 2012 ITEM TITLE: Approval of Amendment No. 3 to the Agreement with Teserra for Project No. LMC 2008-13, Landscape Maintenance Services for Landscape & Lighting Assessment District 89-1 and Approval of Contract Change Order No. 9 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 17 STUDY SESSION: PUBLIC HEARING: Approve Amendment No. 3 to the agreement with Teserra to continue services for an additional year (July 1, 2012 through June 30, 2013) for the Citywide Landscape Maintenance Contract, Project No. LMC 2008-13, approve Contract Change Order (CCO) No. 9 and authorize the City Manager to execute the amendment and CCO No. 9. FISCAL IMPLICATIONS: Adequate funds for these services have been proposed in the Fiscal Year 2012/2013 budget, Account No. 101-7004-431-34-04. CHARTER CITY IMPLICATIONS: This project is funded by the Landscape and Lighting Assessment District 89-1 Fund and the General Fund. Therefore, because of the City's status as a charter city, the City is not mandated to pay prevailing wage rates. However, a case is pending before the California Supreme Court that may affect this issue. If the court rules that charter cities are subject to prevailing wage, we would have to require the contractor to comply with those requirements via a change order. BACKGROUND AND OVERVIEW: On April 21, 2009, the City Council awarded a contract to Teserra for the Citywide Landscape Maintenance Contract, Project No. 2008-13, in the amount of $589,756. 128 The citywide landscape maintenance program provides for weekly maintenance of all landscape areas located within the City's medians and perimeter landscape. The contract duration was for one (1) year with up to four (4) one-year extensions renewable at the beginning of each fiscal year through Fiscal Year 2013/2014. The contract may be terminated by the City with thirty (30) day notice to the contractor. The original Contract Agreement expired on June 30, 2010, Section A, Terms of Agreement, allows the City and the Contractor to extend the terms of the agreement as may be agreed between the two parties. At the June 15, 2010 City Council meeting, the City Council approved Amendment No. 1 to the agreement with Teserra to continue services for an additional year (July 1, 2010 through June 30, 201 1) for Citywide Landscape Maintenance Contract, Project No. LMC 2008-13, and authorize the City Manager to execute the amendment. At the June 7, 2011 City Council meeting, the City Council approved Amendment No. 2 to the agreement with Teserra to continue services for an additional year (July 1, 2011 through June 30, 2012) for Citywide Landscape Maintenance Contract, Project No. LMC 2008-13, and authorized the City Manager to execute the amendment. Staff believes the contractor has performed satisfactorily and therefore recommends a one year extension as defined in Agreement No. 3 (Attachment 1) to the agreement extending the term for one additional year, from July 1, 2012 through June 30, 2013, in the amount of $379,236.68. This amount includes moving the SilverRock perimeter maintenance to the Parks maintenance budget and reducing landscape maintenance of the retention basins in north La Quinta as proposed in next year's operating budget. A summary of all contract changes orders are as follows: Original Contract $589,756 Amount Contract Change Add Jefferson Street median from Highway 111 $1,716 Order No. 1 to Westward Ho Drive Contract Change Add Highway 111 median from Cliff house to $2,383.68 Order No. 2 Plaza La Quinta Add Avenue 52 median from El Dorado Drive to Hideaway Club Drive Contract Change Delete Bear Creek Pedestrian/ Fred Wolff Bike ($142,497) Order No. 3 Trail and Seasons Retention Basin (moved to Parks maintenance budget) Contract Change Add Seeley Drive Median from Miles Ave to $1,541.00 Order No. 4 Washington Street. Add Dune Palms Rd. Medians Contract Change Add New Fire Station No. 32 $4,348.00 Order No. 5 129 Contract Change les Avenue Median from Dune Palms Drive AdZntecello $1,320.00 Order No. 6 to Ave. Contract Change Add Jefferson St. Parkways from Westward Ho $8,264.00 Order No. 7 Dr. to Vista Grande. Contract Change Add Washington St Drainage Retention Basin $3,960.00 Order No. 8 from Washington St south of Ave 47 Contract Change Delete Silver Rock Golf Perimeter from Ave 52, ($91,555.00) Order No. 9 Ave 54 and Jefferson St., reduce maintenance frequency and eliminate over seeding of retention basins in north La Quinta Total Revised $379,236.68 Contract Amount FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve Amendment No. 3 to the Agreement with Teserra to continue services for an additional year (July 1, 2012 through June 30, 2013) for Citywide Landscape Maintenance Contract, Project No. LMC 2008-13; approve Contract Change Order No. 9; and authorize the City Manager to execute the amendment and CCO No. 9; or 2. Do not approve Amendment No. 3 to the Agreement with Teserra to continue services for an additional year (July 1, 2012 through June 30, 2013) for Citywide Landscape Maintenance Contract, Project No. LMC 2008-13; do not approve Contract Change Order No. 9; and do not authorize the City Manager to execute the agreement and CCO No. 9; or 3. Provide staff with alternative direction. Respectfully submitted, 2 Timothy R. Jo a son, P.E. Public Works ector/City Engineer 11 130 Approved for submission by: Mark Weiss, Interim City Manager Attachments: 1. Amendment No. 3 to Agreement with Teserra 2. Contract Change Order No. 9 131 ATTACHMENT 1 AMENDMENT NO.3 TO AGREEMENT WITH TESERRA FOR PROJECT NO. LMC 2008-13, LANDSCAPE MAINTENANCE SERVICES FOR LANDSCAPE & LIGHTING DISTRICT 89-1 THIS AMENDMENT NO. 3 TO THE AGREEMENT WITH . TESERRA FOR PROJECT NO. LMC 2008-13, LANDSCAPE MAINTENANCE SERVICES FOR LANDSCAPE & LIGHTING DISTRICT 89-1 ("Amendment No. T) is made and entered into as of the day of , 2012 ("Effective Date', by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and Teserra ("Contractor"). RECITALS A. On or about April 21, 2009, the City and Contractor entered into an Agreement for Project No. LMC 2008-13 Landscape Maintenance Services for Landscape & Lighting District 89-1. The term of this original agreement expires June 30, 2010. B. Pursuant to Section.A Terms of Agreement of the original Agreement, the City and Contractor may extend the term of the agreement upon mutual agreement by both parties. C. On June 15,. 2010 the City approved Amendment No. 1 to the original agreement, extending the term for one (1) additional year (first extended term) July 1, 2010 through June 30, 2011. D. On June 7, 2011 the City approved Amendment No. 2 to the original agreement, extending the term for one (1) additional year (second extended term) July 1, 2011 through June 30, 2012. E. Contractor and City now wish to amend the original Agreement to extend the term for one (1) additional year (third extended term) July 1, 2012 through June 30, 2013. AMENDMENT: In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows: As provided in Section A of the existing Agreement, the City and Contractor have agreed to extend the term of the agreement for one (1) additional year, commencing July 1, 2012 through June 30, 2013. Section 1340 Liability and Insurance Requirements of the original Agreement was replaced, in its entirety, per amendment No. 2. 132 In all other respects, the original agreement shall remain in effect. IN WITNESS WHEREOF, the City and Contractor have executed this Amendment No. 3 to the Agreement with Teserra for Project No. LMC 2008-13 Landscape Maintenance Services for Landscape & Lighting District 89-1 on the respective dates set forth below. CITY OF LA QUINTA a California municipal corporation Frank Spevacek, City Manager Date ATTEST: Susan Maysels, Interim City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONTRACTOR: TESERRA By: Name: t� %I R Vk I-oTI.e Title: ef0 Date: Teserra PO Box1280 86-100 Avenue 54 Coachella, CA:92236 133 ATTACHMENT 2 �Of CONTRACT:L.MiC. 2011/2012, Project No. 2008-13 CONTRACTOR: TESERRA CONTRACT CHANGE ORDER NO. 9 Pursuant to the terms or the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included fit the plans and specifications for this Contract. Unlem otherwise stated all work shall conform to the tents, general conditions. and special provisions of the original Contract. DESCRIPTION OF CHANGE: Deletion of Landscape Maintenance Turf A S.10081st Planter n 5.1081% Irrigation naS.024 Annual Monthly Si her Rock Golf Perimeter 28.000 SF=$2.922 667,127 1,I7=$72.050 693.127 Sr--516,683 S91.555.00 S7.Qo58 (Ave 52. Ave 54, Jefferson St.) iteduce watering by 200,16 and fertilization by 254o to reduce growth. Weeding and trimming will be a 3 week cycle vs a 2 week qde, no reseeding the north side retention basins and once a nnndh from November to April. 'fret trimming 2 times per cear(hlarch/April and Septemberithvobert. All other requirement of the landscape Maintenance Contract (LMQ project No. 2008-13 shall apply. Total Contract Compensation for this Contract Change Order is in the amount of: ($9L555.0(1) Previous Contract Amount through Contract Change Order No. 8 $470,791.68 Add this Change Order $ t91555.001 Revised Contract Total S379,236.68 i.............................................................................. Submitted By: . Date: Approved By: Date. ................................................•..........................:... 3"e, the undersigned C'onlractor, have given careful consideration to fife change proposed and hereby agree, if this proposal is approved that ire will provide all equipment, Iisridsh all materialx perform oil hrhov% except as may he noted above, and pe{runt a!l services necessary to comp/ere the above specified work and herehv accept ru,fidl pemnrent the amaauihown above„ t1 Accepted By: `_""n �11g1 ..,,-.�-e.�- �.�-- —.-.^" Title: y Contractor: % TESERRA Date: f 6V /i d 134 FA MEETING DATE: June 5, 2012 ITEM TITLE: Authorization for Overnight Travel for One Member of the City Council to Attend the League of California Cities Revenue and Taxation Committee Meeting in Sacramento, California to be Held June 14, 2012 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _Q CONSENT CALENDAR: [J STUDY SESSION: PUBLIC HEARING: Approve authorization of overnight travel for Mayor Pro Tern Terry Henderson to attend the League of California Cities Revenue and Taxation Committee meeting in Sacramento, California to be held June 14, 2012. FISCAL IMPLICATIONS: The Fiscal Year 201 1 /2012 Budget has allocated funds for travel, training, and meetings for the City Council. Funds for tis meeting attendance are available in the Legislative Program's Travel, Training, and Meeting account (#101-1001-411.51-01). Travel (parking, flight and ground transportation) $290 Hotel (one night) $170 Meals $ 75 TOTAL $535 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The League of California Cities Policy Committees meets four times each year. The third meeting of the Policy Committees in 2012 is scheduled for June 14 and 15, 2012 in Sacramento, California (Attachment 1). The Revenue and Taxation Committee, on which Mayor Pro Tern Henderson sits, will meet June 14, 2012. 135 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization of overnight travel for Mayor Pro Tem Henderson to attend the League of California Cities Revenue and Taxation Committee Meeting in Sacramento, California to be held June 14, 2012; or 2. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, Oug.Glf uc.- — Wanda Wise -Latta, Executive Assistant Approved for submission by: Mark Weiss, Interim City Manager Attachment: 1. 2012 League of California Cities Policy Committees Schedule .4 136 ATTACHMENTI LEAGUE A. 'TIES 2012 POLICY COMMITTEE SCHEDULE Meetings begin at 10:00 a.m. and end by 3:00 p.m: January 19 - 20, 2012 Sacramento Convention Center, 1400 J Street, Sacramento 95814 *Committees meeting at League Office, 1400 K Street, Sacramento 95814 Thursday. January 19.2012 *Administrative Services Environmental Quality Revenue and Taxation Transp., Comm. & Public Works ary 20.201 *Community Services Employee Relations Housing,. Community & Economic Dev. . Public Safety March $9.30.2012 Doubletree.Hotel, 222 N. Vineyard Avenue, Ontario 91764 (909) 937-0900 Thursday. March 29. 2012 Friday. March 30: 2012 Administrative Services Community Services Environmental Quality Employee Relations Revenue and.Taxation Housing, Community & Economic Dev. Transo., Comm. & Public. Works Public Safety June 14_& 16.2012. Sacramento Convention Center, 1400 J Street, Sacramento. 9581.4 *Committees meeting at. League Office, 1400 K Street; Sacramento 95814 Thursday. June 14. 2012 Frlday. June 1S. 2012 *Administrative Services *Community Services Environmental Quality Employee Relations Revenue and Taxation Housing, Community& Economic Dev. Transp., Comm. & Public Works Public Safety ANNUAL CONFERENCE September S- 7,.2012, San Diego Convention Center . , Policy Comm/Kee Meetings, 790- Wadnwday, September 5 . NOTE. 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OXEOtLTV, OUGYM2 PCddMedaAO ' C 137 T-Vf 4 4 a" FA MEETING DATE: June 5, 2012 AGENDA CATEGORY: ITEM TITLE: Ratification Of Mutual Termination Of BUSINESS SESSION: _ Agreement with Rosenow Spevacek Group Relating to 'q Washington Street Apartment Rehabilitation CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Ratify the Acknowledgement of Completion of Services and Mutual Termination of Agreement with Rosenow Spevacek Group ("RSG") relating to Washington Street Apartment Rehabilitation. FISCAL IMPLICATIONS: The total contract amount was $1,471,000 (which included $773,200 for RSG's time for implementation and construction management, and $698,000 for sub -consultants). As of March 2012, a total of $292,429.23 has been expended, which includes $74,723.27 for RSG services and $217,705.96 for sub -consultants. Therefore, a total of $1,178,570.77 remains unspent. The agreement was included as part of the 2009/2010 Capital Improvement Program and funded with a combination of 2004 tax- exempt housing bond proceeds, Project Area No. 2 Low/Moderate Income Housing Funds, and 2011 taxable housing bond proceeds. In a separate item on today's agenda, the Successor Agency and Housing Authority will review the Washington Street Apartment Rehabilitation project and re -appropriate funds to complete the project, pending Department of Finance approval to proceed with the project. That matter does not relate to RSG or the contract which is the subject of this staff report. CHARTER CITY IMPLICATIONS: ►ren" 138 BACKGROUND AND OVERVIEW: In March 2011, the City and former La Quinta Redevelopment Agency entered into a contract with RSG to develop and implement the Washington Street Apartment Rehabilitation Project. The contract included RSG's time to implement and manage project design and construction, and the hiring of design and engineering sub - consultants. The project has been completed through the entitlement process, including approval of a site development permit. However, due to the State actions ending redevelopment, and the Department of Finance's preliminary determination that the project is not an enforceable obligation, the project has been placed on hold. The former principal of RSG, Inc., Frank Spevacek, has been hired as La Quinta's City Manager. Mr. Spevacek has resigned from RSG. In order to insure there was no conflict of interest, RSG and the Interim City Manager terminated the RSG contract on May 14, 2012. The proposed action is to ratify the "Acknowledgement of Completion of Services and Mutual Termination of Agreement Relating to Washington Street Apartment Rehabilitation," which is included as Attachment 1. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Ratify the Acknowledgement of Completion of Services and Mutual Termination of Agreement with Rosenow Spevacek Group relating to Washington Street Apartment Rehabilitation; or 2. Do not ratify the Acknowledgement of Completion of Services and Mutual Termination of Agreement with Rosenow Spevacek Group relating to Washington Street Apartment Rehabilitation; or 3. Provide staff with alternative direction. Respectfully submitted, Debbie Powell Economic Development/Housing Manager 139 Approved for submission by: Mates, Interim City Manager Attachment: 1. Acknowledgement of Completion of Services and Mutual Termination of Agreement with Rosenow Spevacek Group Relating to Washington Street Apartment Rehabilitation 140 ATTACHMENT ACKNOWLEDGEMENT OF COMPLETION OF SERVICES AND MUTUAL TERMINATION OF AGREEMENT RELATING TO WASHINGTON STREET APARTMENT REHABILITATION WHEREAS, on March 17, 2011, the City of La Quinta ("City"), the former La Quints, Redevelopment Agency ("Agency'), and Rosenow Spevacek Group ("RSG'� entered into a Professional Services Agreement ("Agreement") for consulting services related to the rehabilitation of the senior affordable housing project commonly known as the Washington Streets Apartment development (the "Project'); AND WHEREAS, those services that could be completed were completed and a Site Development Permit for the Project has been issued; AND WHEREAS, the Agency was dissolved effective February I, 2012, and the City is now acting as the Successor Agency to the former Agency; AND WHEREAS, pursuant to Section 9.3 of the Agreement, the parties wish to formally terminate the Agreement, effective this date, May 14, 2012; AND WHEREAS, to the extent the Agreement became an asset of the La Quints Housing Authority, that Authority concurs with the termination of the Agreement. THEREFORE, the parties agree to a mutual termination of the Agreement, effective May 14, 2012. CITY OF LA QUINTA a California municipal corporation; CITY OF LA QUINTA AS SUCCESSOR AGENCY TO THE LA QUINTA REDEVELOPMENT AGENCY �j\u t-� Mark Weiss, Interim City Manager LA QUINTA HOUSING AUTHORITY Mark Weiss, Interim Executive —Director APPROVED AS TO FORM: 'M. Katherine Jenson, 9ity Attorney 119101M:0-mg 3391955.05/14/12 Date 5_/y_ / ?- Date 141 Dated: "01361P6618 3391455.1 �osn4ll2 142 Tity4 4 a" CITY / SA / HA / FA MEETING DATE: June 5, 2012 ITEM TITLE: Approval of a Tender Agreement with Arch Insurance for the Adams Street Bridge Project, Approval of a Construction Contract with Granite Construction to Complete the Adams Street Bridge Improvements, and Authorization for the City Manager to Execute the Documents, Project No. 2006-06 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: 2-0 STUDY SESSION: PUBLIC HEARING: Approve a tender agreement (Attachment 1) between the City of La Quinta and Arch Insurance Company, for the completion of construction of the Adams Street Bridge Improvements, Project No. 2006-06, and approve a construction agreement between the City of La Quinta and Granite Construction subject to any revisions approved by the City Attorney and City Manager and authorize the City Manager to execute the Agreements. FISCAL IMPLICATIONS: The following is the project's approved funding and funding sources: Transportation DIF $610,400 CVAG $2,014,035 APP Funds $200,000 Surface Transportation Funds (STP - Federal) $10,263,683 Total Funding Available: $13,088,118 To date the following has been spend on the project: Design: $1,064,049 Inspection/Testing/Survey: $735,052 Construction: $2,444,414 Administration: $103,603 Contingency: $0 Total: $4,347,1 18 143 Arch Insurance had provided a performance bond to ensure the completion of the work in the amount of $8,287,990 (the amount of the successful bid submitted by FTR International, Inc.). Arch Insurance now seeks to enter into a tender agreement to allow the City of La Quinta to contract directly with Granite Construction. Arch will reimburse the City the amount of $1,556,400, which is the difference between the bid submitted by Granite Construction and the remaining amount of the original contract with FTR International. Arch will also pay the City a still to be negotiated amount for liquidated damages caused by FTR's default. Arch will also still be responsible for the costs of any latent defects caused by FTR's work or any claims arising from FTR's work. CHARTER CITY IMPLICATIONS: This project is partially funded with federal funds. As such, the project will be constructed as a prevailing wage improvement. BACKGROUND AND OVERVIEW: The purpose of the proposed improvements is to replace the existing low-water crossing spanning the Whitewater River at Adams Street with an all-weather crossing bridge. On November 6, 2007, the City Council authorized the City Manager to execute program supplemental agreement 007-N to agency -state agreement number 08-5433R for federal funding toward the Adams Street Bridge Improvements, Project No. 2006- 06. The program supplement agreement 007-N to agency -state agreement number 08-5433R provided $500,000 of federal funding toward the preliminary engineering phase of the Adams Street Bridge Improvements, Project No. 2006-06. The Highway Bridge Program (HBP) funding will be received in three phases. The first phase included the development of the project environmental document and preliminary engineer's report. The second phase included the preparation of the plans, specifications and engineer's estimate (PS&E). Caltrans approved federal funding, in the amount of $806,908, for the preparation of the PS&E on May 28, 2009. The third phase includes construction and construction engineering. Caltrans approved federal funding in the amount $9,456,775, for the construction and construction engineering phase on December 6, 2010. The December 6, 2010 funding approval authorized up to $10,263,683 of federal funds for use on the project. On February 3, 2010, the City of La Quinta and the Coachella Valley Association of Governments (CVAG) entered into an agency reimbursement agreement for the development of the Adams Street Bridge Improvements Project. Among other things, the agreement provides for CVAG to reimburse the City for 75% of the local share of it 144 qualified project costs. The local share of the project is estimated at $2,685,380. CVAG will reimburse the City up to the not to exceed cost of $2,014,035. The City of La Quinta is responsible for the remaining 25% of the local share. On August 3, 2010, the City Council approved the PS&E and authorized staff to advertise for bid the Adams Street Bridge Improvements, Project No. 2006-06; and approved a request for proposal (RFP) for construction management (CM) services for Adams Street Bridge, Project No 2006-06. Construction bids were due on April 7, 2011. On March 15, 2011, the City Council approved a professional services agreement (PSA) with TY LIN International, in the amount of $1,299,333, contingent upon the successful completion of the Caltrans required pre -award audit, to provide CM Services for the Adams Street Bridge Improvements, Project No 2006-06, and authorized the City Manager to execute the agreement subject to minor revisions by the City Attorney. On May 3, 2011, the City Council awarded a construction contract to FTR International, Inc. (FTR) in the amount of $8,287,990 to construct the Adams Street Bridge Improvements, Project No. 2006-06. On June 6, 2011, FTR was given a Notice to Proceed with a completion date of January 13, 2013. In February, FTR's employees and subcontractors stopped showing up at the job site and FTR ceased work on the project. On February 28, 2012, a letter was sent from the City Attorney to FTR giving them a formal notice of default on the project due to progress on the project coming to a halt. FTR was given seven (7) days from the receipt of the letter to take action to comply with the terms of the contract or face termination of the contract. FTR took no action to correct the default. On March 9, 2012, a letter was sent from the City Attorney to FTR International, Inc. terminating the contract for failure to perform. A copy of the letter was sent to Arch Insurance Company with a request for Arch to hire a completion contractor to finish the project. On May 18, 2012 Arch received five (5) bids from replacement contractors to complete the bridge construction. Granite Construction submitted the low bid in the amount of $7.4 million dollars. Granite will be allowed 380 calendar days to complete the project and will mobilize 3 days after receiving the Notice to Proceed. The City Attorney is currently working with Arch Insurance on the final terms of the tender agreement. The form provided by Arch Insurance is attached. In the interest of moving the project along, staff recommends approving the agreement in draft form, 145 and authorizing the City Attorney to make the necessary revisions and authorizing the City Manager to execute the agreement when complete. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a tender agreement between the City of La Quinta and Arch Insurance Company, for the completion of construction of the Adams Street Bridge Improvements, Project No. 2006-06, and approve a construction agreement between the City of La Quinta and Granite Construction subject to any revisions approved by the City Attorney and City Manager and authorize the City Manager to execute the Agreements; or 2. Do not approve a tender agreement between the City of La Quinta and Arch Insurance Company, for the completion of construction of the Adams Street Bridge Improvements, Project No. 2006-06, and approve a construction agreement between the City of La Quinta and Granite Construction subject to any revisions approved by the City Attorney and City Manager and authorize the City Manager to execute the Agreements; or 3. Provide staff with alternative direction. Respectfully submitted, 7�V Timot y R. Jonasson, P. . Public Works Director/City Engineer Approved for submission by: Mark Weiss, Interim City Manager Attachment: 1. Draft Tender Agreement 146 ATTACHMENT TENDER AGREEMENT This Agreement is made and entered into by and between the City of La Quinta ("City"), Arch Insurance Company ("Arch") and ("Contractor'), and is effective as of May, 2012 ("Effective Date"). RECITALS A. City entered into a Contract (the "Contract") with FTR INTERNATIONAL, INC. ("FTR" or "Principal") for FTR to furnish all labor and material and perform all work for the Adams Street Bridge Improvements project (the "Project") in accordance with the terms and provisions of the Contract, including all Contract Documents forming a part of the Contract, as enumerated in the Contract and modifications, amendments and/or changes to the Contract effectuated prior to the Effective Date of this Agreement. References herein to the "Contract" shall be deemed to include references to all modifications, amendments and/or changes to the Contract effectuated prior to the Effective Date of this Agreement. B. As required by the Contract, Surety issuedPerformance and Payment Bonds numbered SU1110297 identifying FTR as the principal and City as the obligee (the "Performance Bond" and "Payment Bond"), each of which ate in the Penal Sum equal to the Contract Price under the Contract of Eight Million Two Hundred Eighty -Seven Thousand, Nine Hundred Ninety Dollars ($8,287,990). C. On March,9, 2012, City terminated the Contract for FTR's defaults thereunder. The City subsequently made demand upon the Performance Bond for Arch to complete the Project. D. As of the date of FTR's termination under the Contract, certain work and other obligations of FTR remain to be: performed under the'Contract. E. WHEREAS, the balance of the Contract, which includes earned but unpaid funds, as well as unearned funds and retention, as of the Effective Date is: Contract Price: $8,287,990.43 Approved Change Orders: $41,498.85 Amount Paid to Principal: $1,818,665.36 "Balance of the Contract Sum": $6,510,823.92 F. WHEREAS, Arch has agreed, and hereby agrees, to tender to City the Contractor to complete the remaining uncompleted portion of the Contract, and the City has agreed to accept the tender of Contractor to complete the Contract, provided that Contractor is deemed to be satisfactory to the City and commits itself to complete the work set forth in the Contract upon the terms and conditions set forth in the Contract just as though Contractor had been FTR in the first instance. 1 147 G. WHEREAS, Arch is desirous of satisfying its obligations in accordance with the terms and conditions of its Performance Bond; and H. WHEREAS, Arch is processing or has processed" the claims of subcontractors and suppliers of FTR under and pursuant to the terms of its Payment Bond. I. Pursuant to the case Shore v. Central Contra Costa Sanitary District, 208 Cal.App. 2d 465, 25 Ca1.Rptr. 419 (1962), a completion contract with a takeover contractor is exempted from competitive bidding after a contractor defaults on a public project. COVENANTS 1.0 Contractor agrees: 1.1 To furnish and pay for all labor, supervision, tools, equipment, materials, testing, taxes, insurance, bonds, overhead, profit and each and every item of expense as may be necessary or required to fully complete the Contract Work; to fully perform the work according to the original Contract Documents defined within the Contract, including but not limited to the insurance requirements, submittal requirements, maintenance requirements, and warranties,; all in accordance with the terms and conditions of the Contract, for the sum of `$ Contractor agrees it is substituted for FTR in the Contract such that Contractor's relationship to the City is the same, as if Contractor was the original contracting party with the City in lieu of FTR. Contractor agrees it will perform all requirements of the Contract. City warrants and represents that it is not aware of any latent defects or deficiencies, nor is it aware of any.•breach of express warranties or implied warranties, as of the Effective Date:'. Contractor will'not be responsible for the following items to the extent caused solely by FTR: defects, liquidated damages, attorney's fees or unpaid material, suppliers, subcontractors or other bills, costs or expenses of FTR prior to the Effective Date. 1.2 All work will be performed in a workmanlike manner and in accordance with all plans, specifications, terms and conditions of the Contract. 1.3 In addition to any indemnification provisions contained within the Contract, to indemnify the City and Arch against any and all losses, liabilities, costs, expenses and attorneys' fees on account of any injury or claimed injury to persons or property damages incurred in respect to or arising out of the work of Contractor under the Contract and this Agreement. Contractor agrees to indemnify the City and Arch against any and all claims, suits or liability on account of any act or omission of the Contractor, or of his officers, agents, employees or servants, unless caused by the sole negligence or willful misconduct of Arch and/or City. Contractor's indemnity obligation commences on the Effective Date. Contractor agrees to maintain Ij insurance of the same type and in the same amounts as required under the Contract and to cause the City and Arch to be named as Additional Insureds thereon. Prior to commencing work pursuant to this Agreement, Contractor agrees to deliver to the City and Arch policies of insurance or original endorsements therefor, showing such insurance to be in full force and effect, which policies or original endorsements shall provide that such insurance may not be canceled except upon thirty (30) days written notice from the insurer to the City and Arch. 1.4 To achieve final completion of performance of this Agreement and the Contract ("Final Completion") within _ working days from the date of the notice to proceed ("Notice to Proceed") pursuant to this Agreement ("Final Completion Deadline"). The Notice to Proceed will be delivered to Contractor from the City and may be issued any time on or after the Effective Date. For purposesof this Agreement "Final Completion" shall mean the point at which (a) the Project is completed to the satisfaction of the City in accordance with the Contract, including all Punch List Items and (b) Contractor shall have delivered any required warranties and guarantees, equipment operation and maintenance manuals, required drawings and schedules and certificates. Without limitation to any other provisions of the Contract, Contractor will'` be' responsible for liquidated damages incurred after the Effective Date as provided for in the Contract for failing to achieve Final Completion of the Project within the time period set forth in this Paragraph. 1.5 Payment for all sums due the Contractor for work performed pursuant to this Agreement and the Contract will come from the City. The City shall pay Contractor for completed and approved services upon presentation of its itemized billing. Contractor shall submit to the City a written claim for compensation for services performed pursuant to the terms of the original Contract. 1.6 Contractor has familiarized itself with the Contract, the Project, the work in place and the nature of the work to be performed, the availability and suitability of materials (on the site or otherwise), as well as the conditions of the work and the site, and Contractor acknowledges that it is not relying upon any representation of the City, Arch or their respective agents and representatives in determining the quantity of the work remaining to be performed or the quality of the work previously performed. 1.7 Contractor is not relying upon any warranties or representations of the City or Arch, their respective agents or representatives, concerning any materials stored on site (if any), either as to the quantity, quality or suitability of any such material for use in the completion of construction. 1.8 Contractor will provide a Performance Bond and a Payment Bond, for its completion of this Agreement from an agreed upon surety company. The Performance Bond and Payment Bond shall each have a penal sum equal to 100% of the contract price set 3 it 149 2.0 RAC forth in paragraph 1.1. The bonds shall name the City as obligee. The City agrees: 2.1 To pay Contractor the sum of $ for the performance of the work, in addition to sums due in accordance with the provisions of the aforesaid Contract and this Agreement. 2.2 Arch is, through this Agreement, acting in its capacity, as Surety on behalf of FTR and that by executing this Agreement, Arch is not assuming any obligations for liabilities beyond those set forth in its Performance Bond and this Agreement. 2.3 To release all claims against Arch's Performance Bond. 2.4 To waive, and hereby does waive, the assessment of any liquidated damages that it could impose under the terms of the Contract, excepting any liquidated(,damages that City may assess against Contractor pursuant to Section 1.4 of this Agreement. 2.5 To waive, and hereby does, waive, any damages resulting from events of default under the terms of the Contract through the EffectiveDate. 2.6 To return to Surety the original Performance Bond marked "CANCELLED" on the face thereof. 2.7 The City, on behalf of itself, its affiliates, employees, agents, trustees, attorneys, representatives, successors and assigns, hereby releases and discharges Arch and each of its officers, directors, attorneys, employees, agents, representatives, partners, limited partners, affiliate companies, successors and assigns, from any and all claims, rights, actions, causes of actions, liability, costs, liquidated damages and expenses of every kind, known and unknown, foreseen and unforeseen, which arise from, relate to, or are connected with, the Project or the Contract. 2:8 The City hereby' expressly waives and relinquishes all rights and benefits that it may have against Arch under Civil Code section 1542, or any similar statute of any other state or of the, Unites States, that falls within the scope of the settled claims, the Project and/or the Contract. Section 1542 presently provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. Arch agrees: 3.1 To pay City the sum of $ within fourteen (14) days of the Effective ld 150 Date, which sum represents the difference between the Contractor's agreed price and the Contract Balance. 3.2. To pay all valid Payment Bond claims in accordance with the terms and conditions of the Payment Bond issued by Arch for the Project, and applicable law. This Agreement does not affect the terms, conditions or obligations of Arch pursuant to its Payment Bond. 3.3 Arch releases all rights, claims, demands, liens or other causes of action that it has, or may have, against the City arising out of or related to the Project. 3.4 Arch, on behalf of itself, its affiliates, employees, agents, trustees, attorneys, representatives, predecessors in interest, successors and assigns, hereby releases and discharges City and each of its officers, directors, attorneys, employees, agents, representatives, successors and assigns, from any and all claims, rights, actions, causes of actions, liability, costs and expenses of every kind, known and unknown, foreseen and unforeseen, which were or could have been claimed or asserted with respect to the construction of the Project prior to the Effective Date, specifically including, without limitation, all claims arising from, related to, or connected with, the Contract or the Project. 3.5 Arch hereby expressly waives and relinquishes all rights and benefits that it may have against the City under Civil Code section 1542, or any similar statute of any other state or of the Unites States, that falls within the scope of the settled claims, the Project and/or the Contract. Section 1542 presently provides as follows: A`general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing, the release, which if known by him or her must have materially affected his or her settlement with the debtor. 4.0 All Parties Agree: 4.1 This Agreement, including exhibits (if any), represents the entire and integrated agreement between the parties hereto and' supersedes prior negotiations representations or agreements, either written or oral. 4.2 That this Agreement is solely for the benefit of the City, Contractor, and Arch. This Agreement does not create any rights or increase the rights of third -party beneficiaries, nor shall extend to or increase the rights of third -party claimants. 4.3 That Arch is entering into this Agreement and making payments as specified in this Agreement in order to satisfy its obligations as surety under the Performance Bond and the Payment Bond. Accordingly, it is expressly recognized that any payments made and costs incurred by Arch have been and are incurred to satisfy its 5 151 obligations, and it is agreed that Arch's rights to be equitably subrogated for all costs and expenses incurred and/or paid in connection with its Performance Bond and its Payment Bond are unaffected by this Agreement. The City, without recourse or warranty, hereby assigns, sells, transfers and subrogates to Surety, City's rights, claims, causes of action, and demands against FTR arising out of the Project. In no event shall Surety be liable for any labor, materials, or equipment furnished to or for FTR after the date of FTR's termination. 4.4 Any notice or communication to the City under this Agreement shall be addressed to: Timothy R. Jonasson City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Telephone: (760) 777-7042 tjonasson@la-quinta.org With copy to: Robert 0. Owen, Esq.., Rutan & Tucker, LLP'. 611 Anton Boulevard, Suite 1400 Costa Mesa, CA 92626 Telephone: (714) 641-5100- bowen@rutan.com 4.5 Any notice or communication to Arch:under this Agreement shall be addressed to: Arch insurance Company c/o Gordon Paterson 10 Waterside Drive Farmington, CT'06032 Telephone: (860) 255-5353 Email: gpaterson@archinsurance.com With copy to: Richard ;Tropp Benchmark Consulting Services, LLC 2 Venture, Suite 220 Irvine, CA 92618 Telephone: (949) 622-0300 Email: RTropp@benchmark-consulting.com rl 152 4.6 Any notice or communication to Contractor under this Agreement shall be addressed to: 4.7 That each party to this Agreement and its chosen legal counsel have reviewed and revised this Agreement. The rule of construction that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement shall not be employed in the interpretation of this Agreement, or any amendments or exhibits hereto. 4.8 That the parties, and each of them, warrant and represent to each other that they have not transferred, assigned or hypothecated, or purported to transfer, assign or hypothecate, any of the claims being released hereunder. 4.9 That this Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one document. This Agreement may be executed and a copy transmitted by facsimile or electronic mail, which such facsimile -transmitted or electronic mail -transmitted signatures shall have the same force and effect as originals. 4.10 That the person(s) executing this Agreement on its behalf is/are fully authorized by the party to do so. [SIGNATURE PAGE FOLLOWS] 7 to 153 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date. ARCH INSURANCE COMPANY By: Gordon Paterson Its: Senior Claims Counsel CITY OF LA QUINTA By: (Print Name) Its: (Print Title) [Contractor] By: (Print Name) Its: (Print Title) IRVINE 176643.1 103133.004 13 if 154 AGENDA CATEGORY: CITY/SA/HA/FA MEETING DATE: June 5, 2012 BUSINESS SESSION: ITEM TITLE: Consideration of a Resolution Initiating CONSENT CALENDAR: Youth Player Fees for Sports Facilities STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve a Resolution initiating youth sports fees for City owned or maintained sports facilities. FISCAL IMPLICATIONS: Dependent upon approval by the City Council, the recommended youth sports player fees would increase revenue by approximately $21,500 in Fiscal Year 2013/2014 and approximately $36,000 in Fiscal Year 2014/2015 and an additional $13,200 annually from an increase in non -sanctioned competitive teams using La Quinta fields based on existing use. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW On March 12, 2012, the Community Services Commission recommended the implementation of youth sports player fees upon the three recognized City sanctioned youth sports associations: La Quinta American Youth Soccer Organization (AYSO), La Quinta Youth and Sports Association (LQYSA), and the Palm Desert/La Quinta Football Association (PDLQ). The recommendation was that youth sports player fees be equal to 30% of the direct cost of annual field maintenance of the Sports Complex, La Quinta Park, and Colonel Mitchell Paige - the three sports fields utilized by the youth sports associations. The direct cost of field maintenance for the three sports fields is approximately $300,000 annually to maintain 38.75 acres. This .cost includes contract park maintenance, in -field mix, sports lighting, and water at La Quinta Park. 155 On May 15, 2012, the City Council considered the initiation of Youth Sports Player Fees and requested that staff meet again with the three City sanctioned youth sports associations (AYSO, LQYSA, and PDLQ) to discuss and negotiate a fee the associations could afford toward the costs of the maintenance of the City's sports fields. Staff requested the youth sports associations submit proposed suggestions on what they could pay. On May 21, 2012, staff met with the sanctioned youth sports associations to discuss a fee that would be acceptable by all three organizations. The fee proposal that was suggested and agreed upon by all three youth sports associations and staff includes a two-year fee schedule consisting of an increase in youth sports player fees. The assessed youth sports player fees proposal took into consideration a slightly higher rate to be charged for non-resident youth players. Beginning in March 2013, the youth sports associations will assess youth resident players $5 per season and non-resident players $10 per season. Beginning in March 2014; the youth sports associations agreed to charge youth resident players $10 per season and non-resident players $15 per season. The total number of players from the three recreational organizations is approximately 3,000. La Quinta youth make up approximately 50% or 1,500 of the participants with the remaining 1,500 players coming from neighboring cities and unincorporated areas. Approximately 250 of these participants play within the Palm Desert La Quinta Football league (PDLQ). .PDLQ uses La Quinta sports fields for approximately eight weeks and Palm Desert sports fields for the other eight weeks of their annual season. Therefore, on March 12, 2012 the Community Services Commission asked staff to work with PDLQ to establish a reduced rate for them as a result of the dual City shared field use. Staff is recommending that PDLQ pay 50% of the proposed youth sports player fees annually. Taking those participation numbers into consideration and the recommendation that PDLQ only pay 50% of the proposed youth sports player fees annually, the following tables summarize the two year fee schedule that was proposed and agreed upon by all three youth sports associations. Youth Sports Player Fee Revenue in Fiscal Year 2013/2014: 1,500 Resident $5/$2.50(PDLQ) annually = $7,187.50 1,500 Non -Resident $10/$5(PDLQ) annual) _ $14,375.00 Total Player Fees $21,562.50 $21,562.50 is equal to 7% of the maintenance costs of $300,000 Youth Sports Plaver Fee Revenue in Fiscal Year 2014/2015: 1,500 Resident $10/$5(PDLQ) annually = 1 $14,375.00 1,500 Non -Resident $15/$7.50(PDLQ) annually = $21,562.50 Total Player Fees 1 $35,937.50 $35,937.50 is equal to 12% of the maintenance costs of $300,000 156 Staff and the three youth sports associations also propose that any youth sports player that is a recipient of a youth sports scholarship is not responsible for paying the youth sports player fee to the City for that season. The youth sports associations stated that if implemented, youth sports player fees would be included as part of the sports player registration fees prior to the start of the sports seasons. For example, LQYSA players would be charged a player fee for playing during the spring baseball recreation league, AYSO players would be charged a player fee for playing during the fall soccer recreation league. If players choose to play an extended season in the organizations' sanctioned competitive seasons respectively, then players would be charged an additional player fee for the additional season field use (i.e. - winter ball season in LQYSA; spring select season in AYSO). Playing during the youth sports organizations competitive season is optional and separate from the regular recreational sports season. Currently, registration fees for all three youth sports associations are as follows: La Quinta American Youth Soccer Organization (AYSO) - $90 per player. This has been the La Quinta AYSO registration fee since 2007. La Quinta Youth and Sports Association (LQYSA) - $115 per player plus a $25 refundable snack bar deposit. Parents receive the snack bar deposit back if they serve time volunteering in the snack bar during the season. This has been the LQYSA registration fee since 2009. The registration fee was $90 in 2007/2008. Palm Desert La Quinta Football - $220 per player. Once player registrations are all accepted by the sports associations each season, a seasonal payment would be made to the City to defray the ongoing costs of field maintenance. Non -Sanctioned Competitive Teams Using La Quinta Fields The City also rents the sports fields out to non -sanctioned competitive teams for use when not being utilized by the local youth sports associations. Based on the increased cost to maintain sports fields and to recoup some of the costs of sports field maintenance and lighting, it is recommended that City Council consider the current field and lights user fee of $12 per hour be increased to $25 per hour for non -sanctioned competitive teams. This is based on the annual cost of sports fields at $300,000 per year estimating approximately 1,200 rentable hours on the 10 sports zones (three zones at La Quinta Park, five zones at Colonel Mitchell Paige, and two zones at the Sports Complex). The total is a cost of $25 per hour. In reviewing the historical use of the sports fields by these outside groups, the revenue would increase from $3,300 in Fiscal Year 2011/2012 to $16,500 annually. It is also important to note that most of the competitive players on these teams are not La Quinta residents. 157 On March 12, 2012, the Community Services Commission recommended the approval of $25 per hour for non -sanctioned competitive team fees. If this fee is approved by City Council, the new fee would be effective July 1, 2013. Approximately eight competitive youth teams utilize the City's three sports fields. Staff contacted all eight of the competitive teams prior to the May 15, 2012 City Council meeting to inform them of the increased fees proposal and invite them to the Council meeting. Staff did not receive a response back from any of the competitive team managers. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Resolution initiating youth sports fees for City owed or maintained sports facilities; or 2. Do not approve a Resolution initiating youth sports fees for City owed or maintained sports facilities; or 3. Provide staff with alternative direction. Respect ully submitted, Edie Hylton Community S vices Director Approved for submission by: V v� =6\, o_ Mark Weiss, Interim City Manager 158 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING FEES FOR LA QUINTA SPORTS FIELDS WHEREAS, the City Council of the City of La Quinta recognizes the benefit to the community that is provided by the availability and use of sports fields by area youth; and WHEREAS, the City Council desires to regulate fees and policies and provide guidelines to City staff ensuring maintenance and use policies are enforced; and WHEREAS, the City Council will approve implementing Youth Sports Fees NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Youth Player Fees Effective March 1, 2013 Resident Youth $5 annual) ($2.50 PDLQ) Non -Resident Youth $10 annually ($5 PDLQ) Palm Desert/La Quinta Football* Effective March 1, 2013 Resident Youth $2.50 Annually Non -Resident Youth $5 Annually' Youth Player Fees Effective March 1, 2014 Resident Youth $10 annually ($5 PDLQ) Non -Resident Youth $15 annually ($7.50 PDLQ) Palm Desert/La Quinta Football Effective March 1, 2014 Resident Youth $5 Annually Non -Resident Youth $7.50 Annually Non Sanctioned Competitive Teams $25 per hour Non Sanctioned Competitive Teams Fees will be effective July 1, 2013. *The Palm Desert/La Quinta Football reduced fee is based on the use and it subject to change if more use of City fields are required. 159 Resolution No. 2012- Sports Fees Adopted: June 5, 2012 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 51" day of June 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: SUSAN MAYSELS, Interim City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 160 `ter 4 1wC" CIT A/HA/FA MEETING DATE: June 5, 2012 ITEM TITLE: Consideration of the Community Services Commission Work Plan for Fiscal Year 2012/2013 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Community Services Commission Work Plan for Fiscal Year 2012/2013. FISCAL IMPLICATIONS: There are fiscal implications for the Community Services Commission per the Work Plan which are included in the proposed Fiscal Year 2012/2013 budget. These commitments include $39,600 for the Parks/Recreation Marketing Plan including the production of the Activities Guide and $38,500 for Community Events including sponsorships. CHARTER CITY IMPLICATIONS: T1re" BACKGROUND AND OVERVIEW: On April 14, 2012, the Community Services Commission approved the 2012/2013 Work Plan (Attachment 1) for City Council consideration. The most significant change to this year's plan is the change in the distribution of the Activities Guide, reduction of several special events, and reductions to the Park Maintenance Contract. The Commission's Work Plan for 2012/2013 contains, in addition to the generalized tasks, specific tasks the City Council may want the Commission to accomplish during the 2012/2013 year. The specific tasks are listed on page 2 of the Work Plan and outlined in the following information: 161 Task: Marketing Plan The Commission will review the Community Services Department marketing plan and identify effectiveness based on participation levels, cancellation rates, surveys, and suggest improvements to the plan. This plan is in coordination with the City's Marketing Plan and promotes the Healthy Eating Active Living (HEAL) Campaign, the Humana Well -Being Events, and the Carnaval of Lights. Staff will monitor changes in the Activities Guide distribution. Task: Planning and Development The Commission will review proposed park and recreation facility development or renovation. The Commission will review the lighting expansion project at the Sports Complex and the potential future Fritz Burns Pool Expansion project. Task: Liaison to the Community Invite service provider representatives to the Commission meetings to inform the Commission of available services to the community. Invite recipients of Community Service Grants to attend Commission meetings to communicate about City supported programs and services. Task: Community Events Host citywide events throughout the year. Special Events for Fiscal Year 2012/2013 include: Christmas Tree Lighting Ceremony, Humana Well Being Events, Tails on Trails, Easter Egg Hunt, Community Picnic and Birthday Party, Moonlight Movies, Carnaval of Lights, and Resident Acknowledgements. Task: Park Management Program The Commission will provide staff input to existing park conditions and make comments regarding ongoing park management, maintenance and repair and replacement. Implement an Adopt -A -Park program and evaluate the sports field maintenance plan. Task: Advisory Body to the City Council The Commission will review issues relating to Parks and Recreation and take action as directed from City Council, maintain communications with City Council, and provide annual work plan for City Council review. Task: Art in Public Places As outlined in the Art in Public Places Strategic Plan Review the proposed artwork in relationship to the site and appropriateness of scale with consideration to diversity of artists, art work, and proposed budget. Continue the art preventive maintenance program based upon the condition of each art piece. Support and promote cultural offerings held in the City. 162 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council are: 1. Approve the Community Services Commission 2012/2013 Work Plan; or 2. Do not approve the Community Services Commission 2012/2013 Work Plan; or 3. Provide staff with alternative direction. Respectfully submitted, Edie Hylton Community Services Director Approved for submission by: Mark Weiss, Interim City Manager Attachment: 1. Community Services Commission 2012/2013 Work Plan 163 ATTACHMENT 1 COMMUNITY SERVICES COMMISSION cc&Qccutta GEM pfthe DESERT 164 COMMUNITY SERVICES COMMISSION PHILOSOPHY The general purpose of the Community Services Commission is to encourage the development of a planned and orderly approach to the delivery of leisure and community services in the City. The objectives of the Commission are to: Serve in an advisory capacity to the City Council on identifying matters pertaining to recreation, cultural arts, and community services; ♦ Communicate the availability of services to citizens through both private and public resources to avoid duplication and conflict of effort; ♦ To evaluate the effectiveness of services provided. ASSIGNMENT ITEMS: PAGE 2012-2013 Specific Goals and Objectives 3 Marketing Plan 4 Planning and Development 5 Liaison to the Community 6 Community Events 7 Park Management Program 8 Advisory Body to City Council 9 Art in Public Places 10 165 Page 2 of 10 2012/2013 Specific Goals and Objectives ASSIGNMENT ITEMS GOALS AND OBJECTIVES Marketing Plan Review and update the Community Services Marketing Plan for implementation by staff. Planning and Development Review proposed park and recreation capital improvements Liaison To Community Invite local service providers to attend Commission meetings to describe services available to residents. Community Events Host citywide events at various locations throughout the year. Collaborate with other community groups and non- profit organizations to maximize resources. Park Management Plan Monitor the park management plan for preventive maintenance and management of existing public park facilities. Advisory Body to City Council Review issues relating to Parks and Recreation and take action as directed from City Council; maintain communication with City Council; and provide annual work plan for City Council review. Art in Public Places Continue to support the preventative maintenance program based upon the specific needs of each art piece. Utilize the Artist's Registry from the La Quinta Arts Foundation in future projects. 166 Page 3 of 10 Task: Marketing Plan Completion Date: September 2012 Participants: Commissioners Suggested Resources: Community Services staff and City Manager's office. Steps to Completion: The Commission will review the Community Services Department marketing plan and identify effectiveness based on participation levels, cancellation rates, surveys, and suggest improvements to the plan. This plan is in coordination with the City's Marketing Plan. Promote the Healthy Eating Active Living (HEAL), the Humana Well - Being Events, and the Carnaval of Lights. Monitor changes in the Activities Guide distribution. Staff Time: 60 hours during marketing plan development and promotion implementation. Fiscal Commitment: $39,600 plus staff time Staff Role: Provide information and implement the plan. City Council Role: Provide direction to Commission to fulfill this assignment. Reference: 2.95.040 (9): Make recommendations to the City Council on how to disseminate, publicize, and promote recreation programs and events to the citizens of La Quinta. 167 Page 4 of 10 Task: Planning and Development Completion Date: On -going Participants: Commissioners. Staff and User Groups, if needed. Suggested Resources: La Quinta Comprehensive General Plan. Steps to Completion: The Commission will review proposed park and recreation facility development or renovation. The Commission will review the lighting expansion project at the Sports Complex and the potential future Fritz Burns Pool Expansion project. Staff Time: 30-40 hours per project depending on scope of project. Fiscal Commitment: Dependent upon the park or recreation project Staff Role: Provide support and liaison to the City Council. City Council Role: Include the Commission in the design and development process and conduct public hearings. Review and consider Commission recommendations. Reference: 2.95.040 (5): Serve as a public forum and conduct public hearings. (11): Review individual park master plans for recommendation to City Council. Page 5 of 10 168 Task: Liaison to the Community Completion Date: On -going Participants: Commissioners Suggested Resources: Utilize government agencies and area -non-profits including La Quinta Boys and Girls Club, Desert Recreation District, YMCA of the Desert, La Quinta Chamber of Commerce, and the La Quinta Arts Foundation. Steps to Completion: Invite service provider representatives to the Commission meetings to inform the Commission of available services to the community. Invite recipients of Community Service Grants to attend Commission meetings to communicate about City supported programs and services. Staff Time: Two hours quarterly. Fiscal Commitment: None. Staff Role: Provide support and liaison to the City Council. City Council Role: Provide Commission with specific methods as to how to best represent the City Council. Reference: Chapter 2.95.040 (12): Aid in coordinating the park and recreation services of other governmental agencies and volunteer organizations. (13): Make recommendations to the City Council on community issues. Chapter 2.75.040(6): Work cooperatively with City Boards, Commissions and committees, and other public and private organizations promoting art and cultural activities within the City. 169 Page 6 of 10 Task: Community Events Completion Date: On -going Participants: Commissioners Suggested Resources: Community Resources and local Businesses and non- profit agencies. Steps to Completion: Host citywide events throughout the year. Special Events for Fiscal Year 2012/2013 include: Christmas Tree Lighting Ceremony, Humana Well Being Events, Tails on Trails, Easter Egg Hunt, Community Picnic and Birthday Party, Moonlight Movies, Carnaval of Lights, and Resident Acknowledgements. Staff Time: 30 - 40 hours per event. Fiscal Commitment: $38,500 for event development with financial support from outside sponsorships and partners including Humana. Staff Role: Provide support and liaison to the City Council. City Council Role: Provide Commission with direction/comment. Reference: Chapter 2.95.040 (15): Recommend to the City Council and upon authorization conduct such programs as, in the opinion of the commission, will increase goodwill and participation among the residents of the community. " 170 Page 7 of 10 Task: Park Management Program Completion Date: Summer 2012 Participants: Commissioners Suggested Resources: Various public agencies in the community. Steps to Completion: The Commission will provide staff input to existing park conditions and make comments regarding ongoing park management, maintenance and repair and replacement. Implement an Adopt -A -Park program and evaluate a sports field maintenance plan. Staff Time: 15 - 20 hours per week. Fiscal Commitment: None. Staff Role: Utilize the Coachella Valley Water District water use assessment. Communicate with the local sports associations and residents regarding issues in City owned and maintained parks. City Council Role: Provide approval for Commission to fulfill this assignment. Reference: Chapter 2.95.040 (10): Review parks maintenance standards and quality. Page 8 of 10 q 171 Task: Completion Date: Participants: Suggested Resources: Advisory Body to City Council On -going Commissioners To Be Determined. Steps to Completion: The Commission will review issues relating to Parks and Recreation and take action as directed from City Council, maintain communications with City Council, and provide annual work plan for City Council review. Staff Time: 4 - 6 hours per month. Fiscal Commitment: None. Staff Role: Provide support and liaison to the City Council. City Council Role: Provide Commission with specific direction as to how to better assist the City Council. Provide opportunities to meet with City Council through joint meetings. Reference: Chapter 2.95.020 (A): To serve in an advisory capacity to the city council to identify community needs for recreation, healthy activities and social services; Chapter 2.95.040 (4): Receive and act on all assignments made by the city council, and submit reports and recommendations to the city council on these assignments; (5): Serve as a public forum and conduct public hearings for recreation service concerns; Chapter 2.95.060 (C): The City Council shall periodically review the progress of the Commission. 172 Page 9 of 10 Task: Art in Public Places Completion Date: On -going Participants: Commissioners and staff Suggested Resources: Commissioners, City Council, Developers and La Quinta Arts Foundation and Residents. Steps to Completion: As outlined in the Art in Public Places Strategic Plan Review the proposed artwork in relationship to the site and appropriateness of scale with consideration to diversity of artists, art work, and proposed budget. Continue the art preventive maintenance program based upon the condition of each art piece. Support and promote cultural offerings held in the City. Staff Time: 20 - 30 hours per project. Fiscal Commitment: Funds appropriated from the Art in Public Places Account. Staff Role: Consider site, art piece, and appropriation of funds. City Council Role: Art placement subject to final City Council approval. Reference: Chapter 2.75.040 (12): The Commission will submit to the City Council a recommendation for ratification of public art to be financed by the Art in Public Places program. (15): The Commission will make recommendations to the City Council for the commissioning of artworks, the purchase or lease of art sites, agreements for the purchase and display of artwork, or the repair, maintenance or servicing of artwork. 113 Page 10 of 10 T4ht 4 4 QK&M AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: June 5, 2012 BUSINESS SESSION: CONSENT CALENDAR: ITEM TITLE: Consideration of the Implementation of STUDY SESSION: the Increased Development Impact Fees (DIF) for Residential Development from the DIF Study dated PUBLIC HEARING: September 16, 2008 RECOMMENDATION: Take no action thereby allowing the implementation of the increased DIF fees for residential development from the DIF Study dated September 16, 2008 to go into effect on July 1, 2012. FISCAL IMPLICATIONS: The three categories for residential development included in the Development Impact Fee (DIF) program are Single Family Detached (SFD), Single Family Attached (SFA) and Multi-Family/Other (MFO). There continues to be no SFA activity. However, 176 units (MFO) for the Coral Mountain Apartment project were issued on March 26, 2012. SFD The residential activity (SFD) since December 8, 2008 is as follows: SFD applications received December 8, 2008 through May 15, 2012 5 = 287 Of those, number of permits issued through May 15, 2012 = 235 The difference in SFD DIF collections is as follows: DIF (SFD) 2008 — DIF (SFD) 2006 = DIF difference per unit $7,713 - $4,475 = $3,238 revenue reduction per unit 174 3 DIF revenue difference = $3,238 x 235 = $760,930 Approximately 52 unexpired SFD applications remain in various stages of plan review. If these permits are issued under the current deferral, the additional loss in DIF would be $168,376. MFO The residential activity (MFO) since December 8, 2008 is as follows: Number of permits issued through May 15, 2012 = 176 The difference in MFO DIF collections is as follows: DIF (MFO) 2008 — DIF (MFO) 2006 = DIF difference per unit $4,889 - $2,745 = $2,144 revenue reduction per unit DIF revenue difference = $2,144 x 176 = $377,344 TOTAL The loss of revenue to the DIF program to date is $1,138,274. The projected total revenue loss to the DIF program including the remaining unexpired SFC applications would be $1,306,650. In the past, the former Redevelopment Agency (RDA) Capital Project Funds has made loans to DIF Funds (Park DIF Fund, Library DIF Fund, Fire DIF Fund, Street and Park Maintenance Fund and Transportation Fund). These loans were made to accelerate the construction of the La Quinta Park, City Library, North Fire Station, Phase 1 of the Corporate Yard and the Highway 111 Median Landscape Improvements. Similarly, the City General Fund loaned to the Civic Center DIF Fund to accelerate the City Hall expansion. If the deferral of fees is continued, the result will be fewer funds generated to repay the previously advanced funds. CHARTER CITY IMPLICATIONS: 1►fen" BACKGROUND AND OVERVIEW: On October 7, 2008, Council adopted the fourth update of the DIF Study dated September 16, 2008 but delayed the implementation of the DIF fee for residential development. Included in this report was an analysis of similar fees from the cities of Coachella, Desert Hot Springs, Palm Desert, Rancho Mirage and Indio. 1l� With subsequent actions over the past several years, Council has delayed the implementation of the DIF fee for residential development. The most recent action was on December 20, 2011, when Council deferred the implementation of the increased DIF fees for residential development until July 1, 2012. The types of public facilities covered by the DIF are transportation improvements, parks and recreation facilities, civic center, libraries, community centers, maintenance facilities and fire facilities. This table shows the proposed fees for residential land uses: Summary of Calculated Impact Fees Per Unit of Development LandUse Davalopd,ert Ttapaptpxltp Perkaf Cilt+ic Firs Uixares, Cbmmun�ty re`s.; Jyiairit: Park ' Mcirfi, :.Total Type 4inens rtep, Cant$r Prrrtastwlt :. Cerltars . . Fees Fa $334 $104 $158 $51 Res)SFD) DU(2) $3,592 $1,773 $1,089 $612 (SFA) DU $3,592 $1,773 $182 $102 $334 $104 $158 $51 a$771Res Res (MFO) DU $2,098 $1,773 $280 $157 $334 $104 $92 $51 The following table compares the existing fees for residential land uses to the proposed fees for residential land uses: Land Use Type Proposed Fees Current Fees Increase Amount Res (SFD) $7,713 $4,475 $3,238 Res(SFA) $6,296 $3,374 $2,922 Res (MFO) $4,889 $2,745 $2,144 The increase in the proposed fees was due to the increase in costs to construct the future facilities contained in the 2008 DIF. Even with the proposed increase the City's fees were at or below similar fees being charged in neighboring jurisdictions in 2008. As directed by City Council staff has initiated an update of the DIF which will be completed this summer to be considered with the City's request to the Coachella Valley Association of Governments (CVAG) to join the Transportation Uniform Mitigation Fee program. In July 2011, staff provided a draft report of the updated DIF to the Desert Valley Builder's Association (DVBA) and the Building Industry Association (BIA). Attachment 1 is a letter from Ms. Gretchen Gutierrez. Staff has informed both the BIA as well as the DVBA of this item on today's City Council agenda. Attachment 2 is the comparison of residential DIF Fees from cities in the Coachella Valley. 176 FINDINGS AND ALTERNATIVES: 1. Take no action thereby allowing the implementation of the increased DIF fees for residential development to go into effect on July 1, 2012; or 2. Defer the, implementation of the increased DIF fees for residential development until January 2, 2013 and ask staff bring back a study of similar development fees at other local jurisdictions.; or 3. Defer the implementation of the increased DIF fees for residential development until July 2, 2013 and ask staff to bring back a study of similar development fees at other local jurisdictions; or 4. Provide staff with alternative direction Respectfully submitted, ,2- Timothy R. Jo son, P.E. Public Works Director/City Engineer Approved for submission by: V"�4\— 'Q—� Mark Weiss, Interim City Manager Attachments: 1. Letter from Gretchen Gutierrez, dated December 16, 2011 2. Comparison Table of City Residential DIF Fees ill RECEIVED ;ATTACHMENT, R 2011 DEC 19 PM 2 35 CITY OF LA QUINTA LIP v Uh CITY CLERK'S OFFICE desert valleys builders association 34-360 Gateway Drive, Palm Desert, California 92211 December 16, 2011 2011 BOARD OF DIRECTORS PRESIDENT Phil Smhh Swain Company City of La Quinta ' VICE PRESIDET "'"'Iy C,,k ea Mark Weiss, City Manager Y VICE PRFSIDEW - — - - 79 495 Calle Tampico Muk Rmcmd BMC La Quanta, CA 92253 SECRETARYnREASURER SNnen J. Milla. CPA O'Blimmillu.mauecPAs Dear Mr. Weiss - VICE PRESIDENT OF ASSOCIATES Eiil m FA, monal ENT � On behalf of the Desert Valleys Builders Association, we would like to thank you PAS P� T. My for the opportunity to comment the Devebpmcm Design @ Enginevigg, lac on proposed review of the City of La CHIEFEXECUTIVEOFFICER Quinta's Development Impact Fees. The DVBA recognizes the ever increasing Ormaam GRimea financial need for the City to handle impacts to city services, while at the same — time the continued challenges to the homebuilding industry and its economic W'e.ley Ahlg The Hemmifl a C mp return to vitality remain Immense. It is our understanding that City Council has M.. Reedemi A,� lntracd °r directed staff to review the current DIF structure and that possible ehill CoseleelT. a „a '' °"I""'mi"g consideration for changes to the current Fee Schedule will be proposed at an Agus CaTa to Bud ol`Wuille IW.. hla,sana On" upcoming council meeting. Dnaycomm,a�an htarprotJoe Hay. Rebobank. N.A. Meek Jokaw Cmrhab Valley Water DiWin As there have been fewer than 120 total single family residential g Y permits issued Allan Limn Aammes from January 15% 2010 thru November 30, 2011, the DVBA hopes that the city Dave Uppea� maim.Inc will carefully consider the potential negative impact an increase in DIF fees B. MAue Empire Wea D opm� .- would tiring to the recovery of the industry. Therefore, we are requesting that Tam Noble Na k @ any kLC the current DIF Fee schedule be maintained at this time. The DVBA hopes that Dan Olivia A1uePa'01'"" ""�"' P the City of La Quinta continues its efforts towards economic stimulus, Alan i Ge Marvin e°°°C1 procurement of new development projects and added employment P P P 1 p yment growth will MSA Coevhine lrc Panicle Swanhan aid in the recovery of the housing industry. [n W Imguion Divaa Icff WaneabYga Wntmobargu Cmarwxion Sincerely, ZieGretch tierrez Executive r ATTACHMENT 2 w 0 00 0 0 � 0 0 0 0 0 oo eo a vi vi rn m 0 N VT VT 2 to aten U Z Q K 00 W a m o o 00 M n Fn M M v ., w n 00 of .i rci J Q a rn n n n r, 00 00 00 00 o0 w w 0 0 0 0 0 J N N N N N w ltl lD l0 � t0 U Q O u 0 0 0 0 0 0 0 0 0 0 V V ui .4 14 m m o 0 o 0 o 0 00 00 � E0 p rvi 0i rci rri m Z A N Ll N A O O O O O w 0 0 0 0 0 Q LL m M m m M p Z r n t\ n n w n n \ \ n o a N N LT t/T N g 0 cc a 0 0 0 0 0 u' ui F LL N N N N Z Z v a v a v Z v v o v v U r= +n gx w z o 0 0 0 0 � wa x x x x x LL LL LL LL LL U/ N V1 ul V7 V7 Z O O O O O U O O O O O U M h N 0 0 179 040yTm"'-'0) ITY SVHVFA MEETING DATE: June 5, 2012 ITEM TITLE: Consideration of Fiscal Year 2012/2013 Preliminary Budget RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: 4 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt the Fiscal Year 2012/2013 Preliminary Budget and direct staff to prepare a Fiscal Year 2012/2013 Final Budget for the July 3, 2012 City Council Meeting. FISCAL IMPLICATIONS: All Preliminary Fiscal Year 2012/2013 revenues, operational capital projects funding are included in this Preliminary Budget Council direction, staff has presented the City Council with Fund budget using U.2 million of General Fund Balance estimated $89.7 million General Fund Balance at June 30, 2012. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Introduction appropriations and Pursuant to City a balanced General reserves from the As the City Council is aware, the Budgeting process actually starts in February when the City .Council discusses the City Council Goals and the Annual Financial Management review. This year the Annual Financial Management review focused on the Resource Allocation Plan, which was the basis for the May 1, 2012 Study Session to discuss the Fiscal Year 2012/2013. During the Study Session, the City Council discussed the options presented by staff to reduce the projected $4.3 million General Fund deficit by nearly half. The City Council has since reviewed the 180 Economic Development Plan, the Capital Improvement Program and the Marketing Plan for the upcoming Fiscal Year. Each of these components has been incorporated into the proposed budget. This preliminary Fiscal Year 2012/2013 Budget is similar to the format implemented in previous years. This format utilizes two separate documents to develop the City, Successor Agency (SA) to the Redevelopment Agency, Financing and Housing Authorities Budget. The first of the two documents utilized for presentation of this year's budget is titled: "Fiscal Year 2012/2013 Preliminary Budget," and includes the total scope of operations for the City, Successor Agency, Financing and Housing Authorities. The second document is titled: "Supporting Document." This document provides the detail for each program operation. Executive Summary The following table shows a comparison of the revenues and expenditures in the General Fund from Fiscal year 2012/2013 and 2011 /2012: Fism I Year 2012/2013 201112012 Change Estimated Budgeted Revenues $ 32,896,938 $ 31,424,168 $ 1,472,770 Application of Reserves -Personnel Reductions - - 757,369 (757,369) Application of Reserves- Operational Deficit 2,187,759 2,354,857 (167,098) Transfers In. 148,308 135,844 12,464 Reimbursements 4,893,076 6,016,214 (1,123,138) Total Sources 40 126 081 40,688,452 (562,371 Estimated Operating Expenditures 38,617,987 40,053,127 (1,435,140) Transfers Out 1,508,094 635,325 872,769 Total Uses 40,126,081 1 40,688,452 (562,371) Net income (loss) $ - 1 $ - $ General Fund Reserves The General Fund is the only fund in the City in which the City Council has total discretion over the appropriation of funds. For thirty years the City has experienced continued growth in its General Fund Balance or its "reserves" and has one of the highest balances in the Coachella Valley. These reserves represent the net income that has been received from year to year since incorporation and is projected to be at $89.75 million at June 30, 2012. This balance has resulted from current and past Council's belief that the City should operate within its means on a year to year basis. Unfortunately, for the last four years the country has been experiencing a recession which has impacted the City in many ways - lower property tax collections, lower sales tax revenues, lower development fees and permits, lower transient occupancy taxes and lower interest income from lower interest rates. To combat these revenue declines, the City has been reducing its expenditures including staff and outside contractors and consultants. For instance, the. total authorized positions in Fiscal Year 2012/2013 are 88 positions compared to 105 in Fiscal Year 2008/2009. It is important to note that this decrease in staff positions would have been greater, which many of our surrounding communities have experienced, if not for the City's belief to contract out to the private sector for many of the services that our residents receive. To deal with this revenue downturn, the City has cut its costs wherever possible with the intent of lessening any direct impact of services to our residents' and visitors' perception of La Quinta as the "Gem of the Desert." Some of the cost savings undertaken to date include: (1) lowering the amount of marketing funds allocated , (2) lowering funding for street sweeping, tree trimming and landscaping programs, (3) eliminating consultant construction inspection services, (5) lowering funding for park maintenance, and (6) paying cash whenever possible for items previously financed due to low interest rates on investments. It is important to note that during this slow down, the City has not closed facilities, reduced hours of operations, implemented furloughs, forced employee layoffs, limited or reduced standby and call out pay. While staff continues to look for ways to decrease costs, the economic downturn that has impacted the City continues into the current Fiscal Year 2012/2013 with the State Supreme Court decision in December 2011 to uphold the Governor's proposal to dissolve Redevelopment Agencies. The La Quinta Redevelopment Agency was one of the fifteen largest in the State which has significantly impacted the General Fund. In Fiscal Year 2010/201 1, the City Council, anticipating the continued downturn in the economy reserved $7.5 million of fund balances to cover possible operating deficits for the next three years. The anticipated balance at the end of Fiscal Year 2011/2012 is $3.2 million. In addition to the aforementioned cost cutting measures, the City Council has looked at new or increasing existing revenue sources, which some of our surrounding communities have in place - park assessment districts, utility user taxes, public safety taxes or by increasing our existing revenues, such as user fees, sales or transient occupancy tax rates or by joining the Coachella Valley 11 182 Association of Governments (CVAG) Transportation Uniform Mitigation Fee (TUMF) program. The following table shows a breakdown of the estimated Fund Balance as of June 30, 2012 as further detailed on page C-2 of the Budget Document: City of La Quinta Reserves & Designations Fiscal Year End 2011 /2012 Advances to other funds Deposits Prepaids Encumbrances & Carryover appropriations Less revenue offsets Debt service payment Post retirement health care benefits Land held for resale Future operational deficit Cash flow Emergency reserve Continuing operation and projects $15, 52 5, 000 9,830 1,500 977,949 (6,554) 173,426 1,523,401 8,320,000 3,184,702 3,185,984 17,516,295 39,339,226 $89,750,759 As the table illustrates the General Fund has $39.3 million of continuing operation and project reserves. Summary of This Year's Budget Revenues — General Fund This year's General Fund projected revenues of $40.13 million, which includes using $2.19 million of reserves, is down from the $40.69 million from the prior year as projected in the following table: 183 REVENUE TYPE INCREASES Sales Tax $ 847,000 Fees for Service 336,534 transient Occupancy Tax 300,000 Property Tax 366,000 County Fire Operations 220,736 Miscellaneous - Document Transfer Tax - Change in Transfers in 12,464 Intergovernmental 1,500 Franchise Fee - 2, 084, 234 (DECREASESI Change in Reimbursements $ (1,123,138) Application of reserves - Operational deficit (924,467) Interest (599, 000) Motor Vehicle in Lieu Licenses & Permits Subtotal (2,646,605) Total $ (562,371) Reconciliation: Prior Year Revenues FY 2011/2012 $ 34,672,238 Previous Year Reimbursement FY 2011/2012 6,016,214 Budget Summary FY 2011/2012 Sources $ 40,688,452 Budget Summary FY 2012/2013 Sources Change Revenues - Use of Reserves 40,126,081 $ (562,371) In order to balance the Fiscal Year 2012/2013 General Fund Budget, staff is proposing the use of $2.19 million in reserves. While the City has seen sales tax, and transient occupancy taxes increases, and property tax declines have stabilized, the elimination of the Redevelopment Agency has resulted in a loss of interest income to the General Fund and lower reimbursements for City provided services. Revenue Increases The major increase in revenues for Fiscal Year 2012/2013 is sales tax - $847,000 and transient occupancy taxes - $300,000. The following charts show the five year budgets for these two revenue sources: 184 Sales Tax 11/12 1 12/13 9,062,000 1 7,490,000 1 6,637,000 I 7,136,000 I 7,983,000 Transient Occupancy Tax 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 0 - �. 08/09 09/10 10/11 11/12 5,600,000 4,128,000 4,000,000 4,500,000 12/13 The charts indicate that while the Fiscal Year 2012/2013 budgets for these two revenues are budgeted to increase they are a combined $1 .9 million less than the amounts budgeted in Fiscal Year 2008/2009. Revenue Decreases In March and April of 2011, the Redevelopment Agency repaid all of the outstanding loan amounts to the City. These were long term loans that were paying interest between 7% and 10%. The repayment of these loans provided cash to the City's General Fund that negatively impacted the City's operating revenue. Overall, Fiscal Year 2012/2013 interest income is projected to be $599,000 less than Fiscal Year 201 1 /2012. 185 Expenditures — General Fund This year's General Fund projected expenditures of $40.13 million is down from the $40.69 million from the prior year as projected in the following table which reflects by Department the increase and decreases from last year's budget: EXPENDITURES INCREASES Department Community Services Planning Police City Clerk Building & Safety Fire Subtotal (DECREASES) Departments General Government Public Works Finance Subtotal Net Increase in Expenditures Decrease in Transfers Total Reconciliation: DEPARTMENT TOTAL CHANGES REIMBURSEMENTS CHANGES 461,410 50,940 512,350 159,406 151,223 310,629 27,134 0 27,134 24,961 11,700 36,661 18,294 540,380 558,674 442 1,070 1,512 691,647 755,313 1,446,960 (1,378,224) 369,785 11,008,439) (723,784) (68,896) (792,680) (24,779) 66,936 42,157 (2,126,787) 367,825 (1,758,962) (1,435,140) 1,123,138 (312,002) 872,769 ($ 562,371) Prior Year Expenditures FY 2011/2012 $40,053,127 Previous Year Transfers Out FY 2011/2012 635,325 Budget Summary FY 2011/2012 Sources 70,688,452 Budget Summary FY 2012/2013 Sources 40,126,081 Change (5562,371) ISG Increases in General Fund Expenditures The following are some of the notable increases in the General Fund over $50,000: • Increase of $575,000 in funding the street pavement management program. • Increase of $502,523 park maintenance fund charges in the Community Services Department. • Increase of $165,000 for a park assessment district study. • Increase of $75,000 for a special benefits assessment district study. Decreases in General Fund Expenditures With the estimated reduction in revenues forecasted for Fiscal Year .2012/2013, the following reductions over $50,000 in this year's budget compared to last year's Budget, as outlined in Attachment 1, are as follows: • Decrease of ($757,369) in Fiscal salary reductions from early retirement. • Decrease of ($220,000) in marketing service expenses. • Decrease in existing salaries and fringe benefits ($204,330). • Decrease of ($100,000) in Public Works contract inspections. • Decrease of $(75,000) in legal expenses. • Decrease of ($50,505) in the City wide landscape maintenance contract. Personnel The following changes for Fiscal Year 2012/2013 that are being recommended to the Authorized Positions list as detailed in Section I are as follows: One (1) position is being recommended for deletion from the City authorized positions listing bringing the City-wide total from 89 in Fiscal Year 2011 /2012 to 88 in Fiscal Year 2012/2013. • Public Works Department - Senior Secretary • Transferring back an Assistant Planner from the City Manager Development Services Division to the Planning Division The Fiscal Year 2012/2013 budget contains no increases in cost of living. This year's budget does include merit increases for those employees who are eligible. Police and Fire Department Budget Discussions Police Services - the overall budget for Police Services has remained virtually unchanged from the prior year. The Police Department budget represents the largest service level cost in the preliminary budget. Police Services represents 187 31.7% of total General Fund expenditures for Fiscal Year 2012/2013 as compared with 31.7% of the Fiscal Year 2011/2012 budget. This year the Police budget has no change in staffing. As previously mentioned the total Police Budget for Fiscal Year 2012/2013 did not change significantly from the $12,712,089 budgeted in Fiscal Year 2010/2011. Line items that did increase include $27,000 in contract services for rent of the Highway 111 Police substation, a reduction in equipment replacement internal service charges of $6,332, and an increase of $6,466 in information technology internal service charges. Also included within the Police Department proposal is $190,000 in special enforcement funds, $70,000 for the Humana Challenge costs for public safety, and $108,300 for rent expenses for the Highway 111 Police sub- station. Fire Services - the overall budget for Fire Services has also virtually remained unchanged from the prior year and totals $5,029,690 for Fiscal Year 2012/2013. This represents the third largest service level in the proposed budget. Fire Services represents 12.5% of total General Fund expenditures for Fiscal Year 2012/2013 as compared with 12.4% for Fiscal Year 2011 /2012. The primary factor for the increase is an increase in equipment replacement internal service charges of $2,942, and a decrease of $2,500 in information technology internal service charges. No change in Fire Services personnel is being recommended. In the past revenues for these services have come from the Fire Structural Tax and Property Tax increment from RDA Project Area 1 and 2, which would exceed appropriations and continue to result in a surplus. Due to the elimination of the RDA, the question has surfaced if the City will continue to receive the same amount of tax increment based property taxes to support fire services. This budget has been prepared with the understanding that the County of Riverside will continue to allocate these tax increment funds in Fiscal Year 2012/2013 as they have done in the past. Internal Service Funds Update The City has three internal service funds - Equipment Replacement, Information Technology and Park Maintenance Equipment & Facility. These funds were established to set aside each year funds to ultimately replace fixed assets. For example, the City currently charges approximately $20,000 for ten years to purchase a street sweeper. This is done so that in ten years the City is not faced with a $200,000 funding request which could dramatically impact the budget process. The amount of internal service charges for Fiscal Year 2012/2013 is reflected in the following table and the current cash balances as of May 31, 2012: FUND FY 12/13 FY 12/13 FY 12113 BUDGETED NORMAL REDUCED May 31st CHARGES CHARGES CHARGES Cash on Hand Equipment Replacement 584,823 584,823 - 1,996,315 Information Technology 491,581 491,581 - 1,120,002 Park Maintenance Equipment & Facility 502,523 502,523 - 652,285 1,578,928 1,578,928 3,768,602 Community Marketing Service Projects The following table lists Community Marketing Service items exceeding $5,000 as contained in the Preliminary Budget: AGENCIES FY 12/13 BUDGETED Chamber of Commence 127,500 La Quinta Arts Foundation 124,000 Grant Contingency 21,200 Soroptomist Facility Rent 5,025 Boys & Girls Club - Facility Use (1) 60,000 YMCA Pool Contract 22,000 Jacqueline Cochran Regional Airport (Airshow and dues) 12,500 Coachella Valley Economic Partnership . 21,250 (1) $30,000 from Community Development Block Grant Capital Improvement Program • The Fiscal Year 2012/2013 Preliminary Budget incorporates the planned capital expenditures for next year, which total $3,605,159. The projects can be found on Pages 1-1 and 1-2 and include funding for three (3) major CIP projects; Pavement Management & Slurry Seal Program, Sports Complex Lighting Rehabilitation and Expansion, and the Adams Street Signal and Street Improvements. 1-1 also lists the sales and transient tax reimbursements that the City of La Quints General Fund is estimated to pay which total $431,094 for Fiscal Year 2012/2013. Five -Year Resource Allocation Plan City staff presented the Five -Year Resource Allocation Plan (RAP) February mid- year report and used it as the basis for the May 1, 2012 Study Session. This five- year plan forecasts the operating expenditures and the anticipated revenues to pay for these expenditures. At the Study Session no changes were proposed to be made to the Fiscal Year 2012/2013 budget brought forward by staff (Attachment .r 189 2►. Subsequently staff has incorporated the following *changes into the Preliminary budget as follows: Changes from Study Session Net income (loss) - Study Session 18;478 (1) Additions to net income: Salary &Fringe benefit savings from City Manager Position 56,610 Additional AB939 salary reimbursements 55,075 Deletion of Concurs de Elegance Event 10,000 Salary & Fringe benefit savings from City Clerk Position 7,200 128,885 (2) Deletions to net income Reduction in administrative reimbursements from CIP (67,532) Additional expenditures to PSDRCVA for additional TOT (5,500) Additional expenditures for City Council travel (5,500) (78,532) (3) Net Income (loss) 68,831 (1)+(2)+(3)=(4) Application of Reserves - Operational Deficit - Study Session 2,256, 590 (5) Application of Reserves - Operational Deficit - Final Budget 2,187,759 (4)-(5)=(6) Timeline Attached is a one -page summary of highlights of this year's budget (Attachment 3).Also attached are a Summary and Supporting Fiscal Year 2012/2013 Preliminary Budget for Council's consideration (Attachment 4). Staff is requesting that, at the June 5, 2012 City Council meeting, the Council review and make amendments as necessary to the Preliminary Budget. Subsequent to this review, staff is requesting approval.of the Preliminary Budget with a July 1, 2012, effective date. Staff will then incorporate all changes pursuant to the discussion of the Preliminary Budget and schedule the item for consideration at the July 3, 2012, City Council meeting for Final Budget adoption Summary Overall, the City's General Fund Budget continues to be a challenging story. As identified on page C-1 of the Preliminary Budget, this year's budget is currently balanced using reserves. This memorandum is intended only as a summary of the issues and details of the budget. We look forward to these discussions with the City Council at the June 5, 2012 City Council special meeting. The City staff will 190 be prepared with recommendations, and requests to report on methods/suggestions to balance the operating budget. FINDINGS AND ALTERNATIVES: City staff is requesting: 1) Review and comment on the 2012/2013 Fiscal Year Budget and provide direction regarding any proposed changes to the document; or 2) Approval of the 2012/2013 Fiscal Year Preliminary Budget as amended at the June 5, 2012, City Council Meeting. (Any approved changes by the City Council to be incorporated into the Final Budget for adoption on July 3, 2012.); or 3) Provide staff with alternative direction. Respectfully submitted, John M. Falconer, Finance Director Approved for submission by: Mark Weiss, Interim City Manager Attachments: 1. Changes between Fiscal Year 2012/2013 & 201 1 /2012 General Fund Expenditures 2. May 1, 2012 Study Session Staff Report Only 3. Major Highlights 4. Preliminary Budget - Binder it 191 A 1 1 AUMIVIUM 1 "I A O a a- o a a a a a O O O O O O O No NOO o0 N inn N a 0 0 N O cV f V nD N v p v v y N v O O O O 0 0 0 0 0 O O.O O 0 0 0 0 0 vi000 v�ooh a 0 0 0 0 0 0 0 O O o O O On N O N O O O O N N N N O M o O-If C4 N N N � N E, w La a L C N O C mm o a m rn U w U L N H E E E p C o acim �U m QQv m m m a.c a' c �' om m E p 'c rnm w cm ^> c maEI m rn y o@ n m m m E O c o 8 y N n€ E F m m i o E m� w c c c c c m NQWWW0 o2 WOW Cm m U M qopp— U> y oio a ai c3c�i" doo a como`3m8090 1 pp==s� �U fn a�U>LUa-n 00 m C > m N O m m C C N m m U v m O c c c y Em E m E o > > o o 0 Q �' m m m c c 0 llll��ar'p1111 O O OOOO�pcOp NO O fO O N M M N 0 O r�Nroin � �rN 0 0 0 ' f D 0 0 O O O O M N O O WO N WO asa O N N- O M 0 m N 'c 192 a M 0 Y LL O c E E C N a Qaoao0 p 0 om w" o Or o Mo 0 l000o o0 O N v .Ory .. .N._. 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U E Eiami�m❑ •�aa Ltd€n�. adz in ciawFoz amb�i in in0 N O c �p m tq c m o � Q m E m E m 3 r o o. m a ❑ o' 197 o 1 1 1 1 � 000uoi000 m o `oro U N o �000000 r00000000o M �n m O O N O O O O r 0 0 0 0 0 0 0 0 0 N O OO N NT O NO NNNNO o of 16 t+j Ed i(w i N N MOAMNN NOO1M'N NO)V N M M r fD M — N O 1p (p N N VOV M Y LL M o 0 a N O'O 0 0 r 0 0 0 0 0 0 0 0 N < N 'O QaQ Q0 r o000000o rn rn o O O O O N O O D O O O O t DQaQNo r A O O N rNNONova N NNNv6 o 6d,0 N N M Y M Cam) LL c 0 N C n m c ? U N T1 0 C W OI C❑ C OI Q N d U ❑ E c m e o m Jo o c 'tC N .� .2) O LL d N W O C7 'N aj y b N c m j c Q W to c o > &2 o R '7'v a-5m rn3 a05 o Eo w� of YiU 160 m m i°L �., @ m E a cm m m o- m o T o o m 0 J fg H U❑ d U U N m U r U X U U N c d 2 o � fq � m o - a `v c N � a c m W J N a d 5 h m H 1 �� ATTACHMENT 2 AGENDA CATEGORY: CITY / SA / HA / FA MEETING DATE: May 1, 2012 BUSINESS SESSION: ITEM TITLE: Discussion of Recommended Program CONSENT CALENDAR: Options for the Fiscal Year 2012/2013 Budget STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: That the City Council review staff recommendations for • a balanced Fiscal Year 2012/2013 Budget and provide policy direction with respect to the preparation of a budget document for consideration in June 2012. FISCAL IMPLICATIONS: The proposed changes and/or reductions represent a balanced Fiscal Year 2012/2013 Operating Budget. However, approximately $2.25 million of the "Future Operation Reserve" is utilized in achieving this balance, leaving approximately $925,000 of that Reserve for future allocation. CHARTER CITY IMPLICATIONS: None for this action. BACKGROUND AND OVERVIEW: The City's Annual Financial Management Review (FMR) projected a General Fund budget deficit of $4.2 million for Fiscal Year 2012/2013, growing to $5.3 million in Fiscal Year 2013/2014. A multi -faceted approach involving expenditure reductions and revenue enhancements was proposed in the FMR to stabilize and reverse the projected deficits. As part of that effort, staff initiated a modified zero -based budget (ZBB) process in an effort to identify appropriate options for consideration during this year's budget review. The modified ZBB process involves the following steps: 199 I . Finance prepares a base budget projection, including anticipated revenues and required expenditures to maintain current service levels (i.e., the base); a projected city-wide surplus/deficit is ascertained via this process. The size of any projected deficit determines the depth to which service reductions are considered. 2. Each Department is provided the base budget dollar amount for its Fiscal Year 2012/2013 operations and is afforded an opportunity submit proposed and prioritized Program Changes including Additions (i.e., requested new program funding) and Reductions. Staff was requested to evaluate reductions totaling no less than 15% of base budgets this year. 3. The City Manager reviews Program Changes with Department Directors and formulates a city-wide budget recommendation for City Council consideration. The emphasis at this stage is primarily on the General Fund. Staff recognizes and must account, however, for impacts upon other dedicated and enterprise funds in this endeavor. Creation of an Ad Hoc Budget Subcommittee afforded the City Manager the opportunity to review the budget process and recommended program changes with the Subcommittee as a pre -cursor to full City Council consideration. Staff met with the Subcommittee on April 18, 2012 for that purpose. Two substantive changes have been made to the packet subsequent what was provided the Subcommittee: 1. Sales Tax Revenues were increased by approximately 0150,000 in consideration of newly received HDL estimates; 2. A Program Change was added for Assessment Engineering ($225,000) related to Landscape and Parks funding pursuant to Council direction at the April 17, 2012 meeting. The net result of these .two changes reduces the reserve carryover for Fiscal Year 2013/2014 from $1,000,000 to $925,000. Fiscal Year 2012/2013 Base Budget Projections Budget projections this year are complicated by recent State Legislature and Supreme Court actions affecting Redevelopment Agencies throughout the State of California. Unknown and changing implementing assumptions, implementing decisions of the RDA Oversight Board and Department of Finance, and pending legislation may all have dramatic impacts upon staff projections, especially as they relate to property tax distribution and available revenues associated with RDA dissolution and Successor Agency activities. With that caveat, Attachment 1 is a revenue and expenditure summary incorporating recommended adjustments toward achieving a balanced budget for Fiscal Year 2012/2013. Attachment 2 reflects a detailed summary of •"4. . 1TL 200 recommended Program Changes for Fiscal Year 2012/2013, plus a listing of additional changes (2Y) that may be required the following year to bring the City's General Fund budget into balance. Items 1 through 52 on Attachment 2, entitled Program Changes and Reductions — Derail, are recommended for Fiscal Year 2012/2013. Attachment 3 represents a summary of revenues and expenditures for Fiscal Year 2013/2014 assuming 2Y changes were implemented for next year. Attachment 4 provides revenue estimates. Attachment 5 represents the base budget calculations for each Department. Attachment 6 includes the actual Program Change forms with more detailed program description and impacts submitted by Departments. Philosophic Approach As noted in the FMR, staff recommends a multi -faceted approach in addressing the budget challenge. Potential revenue enhancements include: Application for TUMF Membership $412,5004550,000 • Fee adjustments $300,0004500,000 TOT enforcement $300,000-$600,000 While very few Program Additions are recommended (e.g., funding for elections, economic development consulting, and NPDES permit increase), an extensive list of Program Reductions are considered with over $900,000! in cuts proposed in Fiscal Year 2012/2013. Miscellaneous operational cuts are proposed throughout the City. Additionally, staff recommends significant reductions in marketing and promotions; 15% reductions in.funding for the La Quints Chamber of Commerce (Chamber), the La Quinta Arts Foundation and the Coachella Valley Economic Partnership (CVEP); elimination of one vacant Senior Secretary position in Public Works; elimination of an engineering development review contract in Public Works; 'reductions to landscape and maintenance contracts throughout the City; reassignment of one full-time employee from the City Manager's Office to Planning to help establish a program for more focused enforcement of TOT; and exercising the option to terminate the lease agreement for the Police Substation on Corporate Centre Drive. Additionally, staff has embarked upon employee negotiations with an eye toward salary and benefit adjustments to further close the gap between expected revenues and projected expenses. The combination of revenue enhancements, expenditure reductions, compensation adjustments and judicious use of budgeted reserves may allow the City Council to approve a budget for Fiscal Year 2012/2013 without requiring employee. layoffs or dramatic service reductions. Itappears, however, that staffing reductions will be necessary to fully achieve long term sustainable operations (i.e., wherein stabilized revenues fully fund ongoing expenditures). Accordingly, staff has identified selected positions and additional programs (i.e., '"2Y") that may be subject to elimination if further or alternative reductions are required. Identifying these programs -at this time. 201 will allow the City the opportunity to plan ahead for the eventual paring of programs and services, cross -train personnel where appropriate, and better position itself for the uncertainties associated with State actions affecting activities previously associated with Redevelopment that are now in a state of suspension or shutdown. Fiscal Year 2012/2013 Program Changea A complete listing and description of Program Changes, Additions, and Reductions are included in the attachments. Following is a brief narrative of some of the highlights of recommended Fiscal Year 2012/2013 changes by Department: Legislative Reduction of Legal budget consistent with expenditure history for the past two years Reduction in Travel budget allowing sufficient funds for each Council Member to attend one conference, plus funding for Council Member's official duties with the League of California Cities City Manager • Transfer of one position to Planning for implementation of TOT enforcement initiative; • Reducing consulting marketing services by 50%, eliminating some programs (i.e., calendar), reducing others, and bringing some activities in-house • Reducing contributions to the Riverside County Fair and National Date Festival and Jacqueline Cochran Air Show by 50% • Reducing CVEP and the Chamber contribution by 15% • Cutting miscellaneous operation accounts, affecting budgets for training, promotional materials, employee recognition event, and etc. • Addition of General Fund monies for Economic Development consulting ($45;000) City Clerk • Addition of funding for legally mandated election • Eliminate funding for the Holiday Open House Community Services • Reduction in miscellaneous operational accounts affecting various special events and special projects • Eliminating funding for the Prestige Golf Event 24�;2 • Reduced funding for PM 10 activities at SilverRock consistent with new contract provisions • Reduced funding for utilities consistent with anticipated expenses upon installation of new equipment at the La Quints Senior Center • Reduced funding for the Le Quinta Arts Foundation by 15% (i.e., consistent with reductions to the Chamber and CVEP) • Reduced funding for non -safety related tree maintenance and park over -seeding • No changes proposed to Library/Museum in anticipation of continued pass through of previous tax increment funding • No changes to SilverRock (other than reduced operation of the entry water feature) in consideration of its Enterprise Fund and revenue -generating nature Building and Safety • Reductions in miscellaneous operational accounts • Reduction in low-income Code Compliance grant program to a level more consistent with historic expenditure patterns Fire • Eliminate Volunteer Appreciation Dinner • No other reductions in anticipation of continued pass through of previous tax increment funding Finance • No changes proposed Police • Termination of Substation Lease at Corporate Centre Drive Planning • Addition of one time funding for setup of TOT enforcement program; involves transfer of one position from the City Manager's Office to Planning Public Works • Addition of funding for Assessment Engineering (Special Assessments and Parks, $225,000); and NPDES permit costs ($30,000) • Eliminate vacant Senior Secretary position • Reduction of 15% to street sweeping program o Reduction to palm tree trimming and landscaping programs 203 • Reduction in miscellaneous operation accounts affection training, supplies and commercial graffiti abatement • Eliminate consultant construction inspection services (relying upon in-house staff) 2Y Program Changes Further cuts than those proposed above for Fiscal Year 2012/2013 generally involve occupied positions. While staff is not proposing these cuts for Fiscal Year 2012/2013, we do believe it important to plan for reductions that may be required in the near future to obtain a sustainable balance. These reductions may be partially avoided pending improvements to the economy, economic development success, possible restoration of some level of housing/redevelopment activity, and adjustments to employee compensation levels. Additionally, it is likely the next City Manager may consider structural reorganizations in an effort to realize greater -organizational efficiencies. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Review staff recommendations for a balanced for Fiscal Year 2012/2013 Budget and provide policy direction with respect to preparation of a budget document for consideration in June 2012; or 2. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Interim City Manager Attachment: 1. Fiscal Year 2012/2013 Program Changes & Reductions - Summary 2. Fiscal Year 2012/2013 Program Changes & Reductions - Detail . 3. Fiscal Year 2013/2014 Program Changes & Reductions - Summary 204 4. General Fund Revenues Detail 5. Fiscal Year 2012/2013 Base Budget Calculation 6. Program Change Forms By Department 205 M r r M% f"Ivl"v r J City of La Quinta FY 2012/2013 - Major Highlights Staff Resources: Reduced Funding for City Manager Reduced Funding for City Clerk Reduced Funding for Senior Secretary Capital Spending -$ Major Projects - Dune Palms Road Bridge Improvements Coral Mountain Apartments Fred Waring/Palm Royale Island Median Improve Pavement Management and Slurry Seal Program Sports Complex Lighting Rehab & Expansion Adams Street Signal & Street Improvements Hwy 111 & Washington St Intersection Improvements Village Land Acquisition Washington St Dual Left at Ave 48 Traffic Signal - Eisenhower Dr and Sinaloa REVENUES All Funds Anticipated Fund Sources Three Major Fund revenues: General Fund SA - RDA PA#1 Debt Service 1 RDA PA#1 Debt Service 2 SA - RDA PA 1 Low/Moderate Income Fund General Fund Anticipated Funding Sources (A) Major Sources of General Fund Revenues Sales Intergovernmental Hotel Room Tax Property tax EXPENDITURES All Funds Anticipated Uses Three Major Fund Expenditures: Capital Projects SA - RDA PA 1 Debt Service Fund SA - RDA PA 2 Debt Service Fund SA - RDA PA 1 Low/Moderate Income Fund General Fund Anticipated Expenditures (B) Surplus/(Deficit) (A)-(B) 25-May-12 Department City Manager City Clerk Public Works -Administration $ 3,605,159 I I $ 19.691,294 I I $ (16,086, $ 1,000,000 $ 888,875 $ 720,500 $ 12,408,000 $ 5.037,754 $ 1.115,240 $ 513,300 $87,605,546 I I $124,297,077 I I $ (36,691,531; $32$,298479361,,499473628 $315,424:16608I $ 1:9472770 0 $312 2 $4312 )$1 9,8 I $ 19,202,124 I $ I (18,260,178) $2 $8,847,000 $ (2,619,010) $40,126,081 I I $40,687,312 I I $ (561,231) 19.89% 13.98% 5.91% 22.82% 21.95% 0.87% 12.59% 11.67% 0.92% 15.76% 18.20% -2.44% $75,942,585 I I $149,672,832 I I $ (73,730,247; $4,036,253 $20,196,294 $ (16, 160,041) $10,273:472 $39,843,422 $ (29,569,950) $932,646 $21:007,692 $ (20,075.046) $6,227,990 $2,868,136 $ 3,359,854 $40,126,081 I I $ 40,687,312 I I $ (561,231 1, 206 ATTACHMENT 4 Is available for viewing or copies In the City Clerk's Office 207 AGENDA CATEGORY: CITY SA / HA / FA MEETING DATE: June 5, 2012 S BUSINESS SESSION: _ ITEM TITLE: Consideration of a Resolution to Extend the Time for Completion of the Off -Site Improvements for CONSENT CALENDAR: - Tract Map No. 31202-1, Rancho Santana, Desert STUDY SESSION: Cheyenne, Inc. — PUBLIC HEARING: RECOMMENDATION: Adopt a resolution to extend the time for completion of the off -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to June 21, 2013 with the exception of the median landscaping on Monroe Street be completed by February 28, 2013 for Tract Map No. 31202-1, Rancho Santana, Desert Cheyenne, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Rancho Santana (Tract Map No. 31202-1) is located south of Avenue 52 and west of Monroe Street (Attachment 1). On July 20, 2004, Desert Cheyenne, Inc. entered into a SIA for Tract Map No. 31202- 1, Rancho Santana. Section 6 of the SIA requires: "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the improvements in response 208 to changes in standards or conditions affecting or affected by the improvements. On August 1, 2006, the City Council adopted a resolution granting a time extension for the completion of the off -site improvements to July 20, 2007. On June 16, 2009, the City Council adopted a resolution granting a second time extension for the completion of the off -site improvements to March 31, 2010. On June 21, 2011, the City Council adopted a resolution granting a third time extension for the completion of the off -site improvements to June 21, 2012. In a letter dated May 15, 2012 (Attachment 2), the developer states that only two new homes have closed escrow since the last time extension and the REOs and short sales continue to negatively impact the pricing of the new homes. The developer has completed the water and sewer improvements, street improvements, and storm drain improvements on Avenue 52 and Monroe Street. The median landscaping on Avenue 52 is also complete. The remaining off -site improvements include the median landscaping on Monroe Street, 25% of a traffic signal at Avenue 52 and Monroe Street, a traffic signal at the project's entrance on Monroe Street, and a traffic signal at the entrance on Avenue 52. The developer plans on addressing the installation of the traffic signals with the City as Rancho Santana approaches the build -out stage. The developer hopes to close escrow on a few more homes at pricing levels to allow enough funds to complete the median landscaping on Monroe Street and plans to complete the median landscaping by February 28, 2013. The developer requests a time extension to June 30, 2013 for the other remaining off -site improvements. On May 11, 2012, the City received an email from a resident of Carmela (Attachment 3) requesting the developer to complete the median landscaping on Monroe Street and that the 'City Council not grant the developer another time extension. Staff has prepared the attached resolution which provides for approval of the fourth time extension of the SIA to June 21, 2013 with the exception of the median landscaping on Monroe Street be completed by February 28, 2013. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the off -site improvements as specified in the approved SIA to June 21, 2013 with the exception of the median landscaping on Monroe Street be completed by February 28, 2013 for Tract Map No. 31202-1, Desert Cheyenne, Inc.; or 2. Do not adopt a Resolution of the City Council to extend the time for completion 209 of the off -site improvements as specified in the approved SIA to June 21, 2013 with the exception of the median landscaping on Monroe Street be completed by February 28, 2013 for Tract Map No. 31202-1, Desert Cheyenne, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, Oimothy R J nas P.E. Public Wor s Dire for/City Engineer Approved for submission by: :� .n Mark Weiss, Interim City Manager Attachments: 1. Vicinity Map 2. Letter from John Pedalino dated May 15, 2012 3. Email from Len Wahlert dated May 11, 2012 16 210 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE OFF -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO JUNE 21, 2013 FOR TRACT MAP NO. 31202-1, RANCHO SANTANA. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31202-1, Rancho Santana, on July 20, 2004; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by June 21, 2012, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the off -site improvements as required by the approved SIA is extended to June 21, 2013 with the exception of the median landscaping on Monroe Street be completed by February 28, 2013. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on June 21, 2013 with the exception of the median landscaping on Monroe Street be completed by February 28, 2013. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. 211 Resolution No. 2012- Tract Map No. 31202-1, Rancho Santana Adopted: June 5, 2012 Page 2 Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5`h day of June 2012, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: SUSAN MAYSELS, Interim City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California DON ADOLPH, Mayor City of La Quinta, California r 212 ATTACHMENT 1 TM 31202-1 RANCHO SANTANA HWY 111 HWY 111 JDR.CARREON BLVD w AVENUE 48TH w W N O F N AVENUE 50TH O Z Li Z V Z uj 2 AVENUE 52ND 8,"fTE AVENUE 54TH TICINITY MAP NOT TO SCALE 213 V ANCHO SANTANA May 15, 2012 RECE IED Mr. Tim Jonasson MAY 16?012 Director of Public Works, City Engineer PUBUC WORKS 78t945 Cal Tampico of La Quinta Developrr�ntgervicgg La Quinta, CA 92247 RE: Request for Time Extension for Subdivision Improvement Agreements (SIAs) Tract Map 31202-1 Offsite, Rancho Santana Mr. Jonasson: The purpose of this letter is to formally request a time extension for the Subdivision Improvement Agreements (SIA) for Tract 31202-1 Offsite, the Rancho Santana Development located at the southwest comer of Avenue 52 and Monroe Street. Since the time of the prior request for extension, we have only closed escrow on two new homes. Although we continue to actively market the new homes, the REOs and Short Sales continue to negatively impact the pricing of the new homes. The only remaining Offsite Improvements are the Median Landscaping on Monroe St., and the Traffic Signals. All other offsite improvements have been completed. We were hoping to close two or three more homes in 2012 at pricing levels that would allow us enough funds to complete the median landscape improvements on Monroe St. As we approach the build -out of Rancho Santana, we will address the installation of the traffic signals with the City of La Quinta. Therefore, we are requesting that the SIAs for Tract 31202-1 Offsite be extended through June 30, 2013. Please call me at (760) 777-9920 if you have questions or need additional information. Thank you very much for your consideration of this matter. Sinc ely, John R. Pedalino President, Desert Cheyenne, Inc. 78401 Hwy. 111 St. X La Quinta, CA 92253 (760)777-9920 Fax (760)777-9918 214 ATTACHMENT 3 council(@Ia-guinta.org ; Cc: Jerry Zamora ; Danette & Mike Ketchum; Marilyn Wahlert ; Len Wahlert ; Bonnie Hagerman ; Liz Schelble ; Mark Sanchez; Damian Cano Sent: Friday, May 11, 2012 8:01 PM Subject: Letter to La Quinta City Council - Landscaping by Developers May 10, 2012 TO: Mayor -- Don Adolph City of La Quinta TERRY B. HENDERSON, MAYOR PRO TEM LINDA EVANS, COUNCIL MEMBER KRISTY FRANKLIN, COUNCIL MEMBER LEE M. OSBORNE, COUNCIL MEMBER Carmela Homeowners, Isabel & Jerry Zamora joined me to attend a meeting with two La Quinta City Directors. We requested time on their calendars. The subject matter for our meeting was to determine next steps in our efforts to get the landscaping completed in two areas of our community. We met with: La Quinta City Planning Director — Les Johnson 760-777-7071 & La Quinta City Public Works Director/City Engineer — Tim Jonasson 760-777-7075 The two areas we focused: #1 - the left side of the entrance to our community on Avenue 53. This side of the street is the responsibility of the Madison Club. #2 is the median on Monroe from the entrance of Rancho Santana on Mountain Spur to the intersection of Monroe and Avenue 52. We have attached the pictures in a PowerPoint presentation that show the specific areas mentioned above. We understand from the discovery process that all developers must file Subdivision lmprovementAlgreementswith the city when they build their development(s). Both The Madison Club and Rancho Santana have these agreements filed with the city of La Quinta. These agreements are for one year. The specific areas that we want to have completed are outside the developments as you know. We uncovered the fact that the one year agreements have been extended 3 times for both properties. The new time extension for Rancho Santana will be the 41h extension requested. The current 215 Through our discussion with the city directors we discovered that we need to submit a formal letter from the Carmela HOA to the Mayor and all members of the City Council. In addition, we need to address the City Council on the appropriate day when both Rancho Santana and The Madison Clubs request for extensions are address on the La Quinta City Council's Consent Calendar. At that time we need residents from Carmela to attend the City Council Meeting and address the council on our concerns and request that the developers complete the landscaping and not receive another extension. The Carmela homeowners have completed Petitions requesting the developers complete these landscaping projects. These Petitions for both properties will be presented at the appropriate La Quinta City Council meeting(s) as backup material for our presentations. We would request,a notification from the City of La Quinta when'each developers extension will be.on'the City Council's Consent Agenda. Respectfully, Len Wahlert Carmela Homeowner and HOA Member 81-773 Contento La Quinta,. CA 92253-7873 760-619-3910 Jerry & Isabel Zamora 81-945 Via La Serena La Quinta, CA 92253-7873 760-393-0694 bbc: Carmela Homeowners - HOA 216 Tihf 4 4 a" MEETING DATE: June 5, 2012 ITEM TITLE: Discussion of Proposed Circulation, Sustainable Community, and Land Use Elements of the General Plan Update RECOMMENDATION: As deemed appropriate by the City Council FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None at this time. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The 2035 La Quinta General Plan update is nearing completion and is anticipated to be released this summer for public review and comment. Although the update is essentially a refresh of the current General Plan, there are a number of changed factors since 2002 which have affected the direction of the project. The purpose of this study session is to explore how those factors have influenced the two most important elements of the General Plan update, Land Use and Circulation, and to introduce and discuss some of the critical issues being addressed. The study session will also introduce the new Sustainable Community Element and how it has been shaped by environmental concerns and state legislation. CONSOLIDATION OF LAND USE DESIGNATIONS: As was presented to the Planning Commission early in the General Plan Update process, the draft General Plan includes a consolidation of Land Use Designations — there will be two residential designations instead of the current five; three commercial 419 designations instead of the current seven; and two open space designations instead of the current four. These designations will correspond to existing zoning districts which will not change. Table 1 shows the relationship between the new General Plan designations and the Zoning Ordinance. Table 1 Zoning Designation Consistency Matrix General Plan Designation Zoning Designation RR - Rural Residential Overlay EOD - Equestrian Overlay RVL - Very Law Density Residential Low Density Residential RL - Low Density Residential AlER - Agricultural/Equestrian Residential RSP - Residential Specific Plan Overlay" RC - Cove Residential RM - Medium Density Residential Medium/High Density RMH - Medium High Density Residential Residential RH - High Density Residential RSP - Residential Specific Plan Overlay' CR - Regional Commercial CP - Commercial Park General Commercial CC - Community Commercial CN - Neighborhood Commercial CO - Office Commercial Tourist Commercial CT - Tourist Commercial Village Commercial VC - Village Commercial Industrial/Light Manufacturing Manufacturing Industrial/Light Manufacturing Major Community Facilities MC - Major Community Facilities Recreational Open Space PR - Parks and Recreation GC - Golf Course OS - Open Space Natural Open Space FP - Flood Plain HC - Hillside Conservation Overlay "Can occur in any residential zone, base zone governs density. 10 420 As the current General Plan map (Attachment 1) is being proposed for consolidation, Table 2 identifies the current and proposed General Plan land use allocations by acreage, highlighting the acreage differences between the existing and proposed consolidated land uses, including developed and undeveloped acreage. Table 2 Existing General Plan Land Use Allocation, City Limits Existing General Plan Proposed General Plan General Plan p- Un- Total Un- Desi nations develo Developeddevelo Total VLDR Very Low Density up 71202-50 to dufac 6 1198.2 459.2 4,006.0 1,583"7 5,589.7 LDR Low Density up to 4 du/ac 3,096.90 6,299.40 MDR Medium Density up to 8 du/ac 1,063.go 324.2 1,388.10 e um ig Densit up to 12 dufac 14.5 1 69 83.4 1,292-4 373.6 1,666.0 MDR High Density up to 16 dul 0.6 86.7 87.3 Total Residential Acreage 4 542.40 3 775.00 8.317.50 5 298.4 1,957.3 7.255.7 MIRC Mixed Commercial 87.9 309 397 CC Community Commercial 24.2 93.7 117.9 NC Neighborhood Commercial 61.8 50.8 112.5 385-6 184.0 5%6 CP Commercial Park 64 64 O Office 39.9 39.9 TC Tourist Commercial 206.2 145.3 351.5 206.5 1389 345.5 VC Village Commercial 64-41 68.8 133.2 77-11 12.9 90.0 Total Commercial Acreage 444.5 771.5 1.216.00 669.3 335.8 1,005.1 MC Major Community Facilities 178.3 13.1 191.3 252.7 193.8 446.5 P Park Facilities 601"3 1 128 729.3 4,392.2 867.0 5,259.2 GGolf Course Open S ace 3,125"30 906.7 4,111.90 OS Open ace 1,246"20 425870 5,505.00 2,171.6 4,761.7 6,933.3 W WatercourselFlood Control 468.9 132.8 601.7 Street Rights of Way 1,764.6 191.1 1,955.7 Total Other Ac a 5,619.90 5,519.30 11,139.20 8,581.1 6,013.6 14,594.7 d The draft preferred General Plan map (Attachment 2) does not significantly change the allocation of land in the City. Table 2 compares the land use allocation in the existing General Plan with the proposed General Plan. The differences fall into a few limited categories: ,t 421 • Lands that were Low Density Residential and have since been developed to include golf courses have reduced the residential acreage and increased the Open Space Recreation acreage. • Lands that were designated Commercial and Low Density Residential changed to High Density Residential, either for specific projects or for consistency with the newly adopted Housing Element. • Lands designated residential in Section 5, at the south end of the City that have been bought by public agencies for preservation as open space under the Multi - Species Plan. • Lands annexed into the City since 2002, including and in particular lands south of Avenue 58 and west of Monroe. SUSTAINABLE COMMUNITIES: MIXED USE DEVELOPMENT IN THE FUTURE As the City builds out and responds to State mandates to reduce air pollutant and greenhouse gas emissions, and to reduce traffic congestion by reducing vehicle trips, an effort has been made in the draft General Plan to address these issues. A Sustainable Community Element has been added that provides direction for the conservation of air and water resources, and the reduction of energy use and vehicle trips. All these principles contribute to the City's ability to "live within its means" in terms of resource conservation. This Element also addresses ways that projects can be designed, or redesigned, to increase their appeal to bicyclists, pedestrians and golf carts. This analysis led to the consideration of Mixed. Use as a tool for the City's planning tool box. Staff considered adding a General Plan designation for Mixed Use, but determined that it is impossible to determine where these projects might occur. Instead, a Mixed Use Overlay is proposed for the Zoning Ordinance. This Overlay would allow Mixed Use development on any parcel zoned for Commercial development, based on performance standards and development standards to be added to the Zoning Ordinance. By adding the Overlay to the Zoning Ordinance, the City will have the ability to consider individual projects on their merits, and the development community will be able to place these projects where the market dictates. As an example, because the General Plan is a long term document, Mixed Use could be proposed on a portion of a parcel whose supermarket becomes obsolete in five or ten years. Staff has prepared a visual presentation of the wide variety of Mixed Use development types that could occur in the future for discussion at the meeting. The presentation will illustrate that Mixed Use can take many forms, and be developed vertically, horizontally, on a small or a large scale. It provides the City with an opportunity to expand its housing market, and offer a type of residential product not previously 2 42 available in the City. It allows the City to play a part in the improvement of the environment, both locally and regionally. TRAFFIC AND CIRCULATION IN THE 2035 GENERAL PLAN The adequacy of the City and Valley transportation system has a profound effect on the economy of the region and on the quality of life. The Circulation Element update is meant to address the various community issues associated with physically moving people and goods, and realistically addressing existing development and projected local build -out conditions. The Element's analysis. and policy recommendations have also been developed within the context of local and regional land use and transportation planning efforts (Attachment 3). Extensive traffic and related transportation modeling was conducted for existing and future traffic conditions in the City and the surrounding Coachella Valley region. Therefore, the transportation analysis conducted for the Circulation Element is first described followed by a discussion of the major issues that are addressed in the Draft Circulation Element. The La Quinta Traffic Analysis Model (LQTAM) A detailed, multi -iteration Traffic Impact Analysis (TIA) was prepared to analyze land use scenarios and their effects on major roadways and intersections in the La Quinta General Plan planning area. The TIA presents the results of analyses performed to 1) evaluate existing traffic operations in the City, and 2) detail the impacts of the new Preferred Land Use Plan for build -out year 2035 (see Preferred Land Use Plan). The TIA model takes into account both seasonal variations and traffic generated by special events. The TIA also addresses the broader mobility issues of the City, including opportunities to better manage traffic and encourage the shift to greater use of alternative modes of travel, including transit, bicycles, pedestrians, and golf carts/Neighborhood Electric Vehicles (NEVs). As part of the analysis, a focused and detailed travel demand model for the City was developed and calibrated based on existing and planned land uses and the traffic they generate. The trips generated by land uses in the model are then distributed by time of day as well as direction of travel, and then assigned to specific street segments. In addition to providing General Plan traffic forecasting, the TIA will facilitate an informed analysis of future projects such as specific plans and development plans. The La Quinta Traffic Analysis Model (LQTAM) covers not just all of the Coachella Valley but all six counties in the SCAG region as well. It is a focused, fined -grain and refined version of the regional model developed by the County, known as the 2008 RivTAM model. For purposes of providing a detailed and tailored analysis for the City General Plan a new transportation analysis zone (TAZ) structure was developed. The land uses in each TAZ are analyzed across a wide set of parameters and the resulting traffic is distributed across the roadway network and assigned to specific streets and specific times of the day. 423 The LQTAM's 949 zones were designed to cover the La Quinta planning area, include the Sphere of Influence (SOD, and to aggregate a set of zones outside of the area. Of the 949 zones, 101 zones were contained within the City of La Quinta, 22 zones were contained within the SOI, and the remaining 826 zones cover the surrounding cities and county areas. It should be noted that certain areas in the RivTAM model that are influential to future traffic in the La Quinta planning area, especially those adjoining the southeast quadrant of the planning area, reflect land uses that are more intense than those assigned by the currently adopted County General Plan. Extensive efforts were undertaken to adjust build -out conditions in this area to reflect the current County General Plan. LQTAM Modeling Results The LQTAM analyzed 63 roadway segments and 37 intersections within the city limits and SOL The analysis indicates that the General Plan build -out of the Preferred Land Use Plan will require enhanced improvements and/or management strategies to be implemented at 23 intersections analyzed in order to provide traffic operations at acceptable peak hour Levels of Service (LOS D or better) during the peak season. The enhanced improvements are based on traffic projections generated by the most recently updated RIVTAM model for Riverside County and the City's newly updated model that was developed as a part of this general plan effort. Some of the identified improvements are in adjacent cities, and others may impact adjacent land uses. Table 3 Intersections with the Potential to Operate at LOS E or F 2035 General Plan Build -out Intersection Projected Level of Service (LOS) AM PM Washington St. at Fred Waring Dr. F F Washington St. at Miles Ave D F Miles Ave at Adams St. D E Madison St. at Avenue 50 E F Table 4 Roadway Segments with the Potential to Operate at LOS E or F 2035 General Plan Build -out Roadway Projected Level of Service (LOS) Washington St.: Ave 42 to Fred Waring D. E Washington St.: Fred Waring Dr. to Miles Ave at Miles Ave F Washington St.: Highway 111 to Avenue 48 E Washington St.: Avenue 48 to Eisenhower D. E Madison St.: Avenue 54 to Airport Blvd (Ave 56) F Harrison St.: Airport Blvd. (Ave 56) to Avenue 58 F 424 Of the 37 intersections analyzed, the four intersections listed in Table 3 have the potential to be operating at unacceptable levels of service by 2035 General Plan build - out. Of the 63 roadway segments analyzed for average daily operations, 57 are forecast to operate at acceptable peak season LOS. Table 4 lists 3 segments that are forecast to operate at LOS E and 3 that are forecast to operate at LOS F based on the standard capacities set forth in the General Plan (Attachment 4). Physical improvements at intersections and roadway segments which would be needed to provide traffic operations at acceptable peak hour LOS D or better are not considered to be feasible if the approach to providing acceptable peak period LOS is solely through traditional roadway widening. However, the TIA and General Plan Circulation Element gives consideration to alternative physical improvements and expands the use of management strategies that will require an ongoing commitment to systems operations. Where additional physical improvements are not practicable, transportation management programs discussed below may deliver LOS D operations in 2035 to these constrained intersections and roadway segments. These include implementation of a "Complete Streets" strategy that maximizes opportunities for alternative modes of travel, including transit, walking, bicycling, golf carts and NEVs. Complete Streets and Other Management Strategies The California Complete Streets Act (Assembly Bill 1358, signed into law in 2008) requires that any substantive local -General Plan Circulation Element revision, "plan for a balanced, multimodal transportation network that meets the needs of all users of streets, roads, and highways, defined to include motorists, pedestrians, bicyclists, children, persons with disabilities, seniors, movers of commercial goods, and users of public transportation, in a manner that is suitable to the rural, suburban, or urban context of the general plan." Successful long-term implementation of this policy is intended to result in: • More options for people to go from one place to another, • Less traffic congestion and greenhouse gas emissions, • More walkable communities (with healthier, more active people), and • Fewer barriers for older adults, children, and people with disabilities. Management and operations of the City's arterial network includes monitoring of actual levels of service. This will allow for identification of timely capital improvements, and/or initiation of transportation demand management (TDM) and transportation systems management (TSM) programs during peak season peak periods and other times of the year. Finally, intelligent transportation systems (ITS) will also help the City get more out of its infrastructure. With the thoughtful application of recommended physical improvements and management strategies, it is expected that most components of the City's transportation system will operate at acceptable levels of service upon General Plan build -out. 425 CIRCULATION ELEMENT UPDATE: As noted earlier, the update to the Circulation Element is a direct outgrowth of the evolution of land use and development in the City, its SOI and in surrounding areas of the valley. The update has also been affected by changes in legislation and in the need to coordinate long-term transportation planning on a regional level. The refined and tailored LQTAM assures that the City -based analysis is as accurate as possible while remaining consistent with the regional traffic model (RivTAM). Land Use Patterns and Transportation Planning As noted above, existing and future land use patterns shape demand for transportation services and facilities in the City and the valley. Land use efficiencies are affected by densities, diversity and proximity of mixed land uses, and has a direct effect on how, when and where traffic is generated. The General Plan update reflects development trends in both City and regional land use moving toward a more closely integrated grouping of land uses. This integration and intensification of land uses can reduce the need for travel outside the neighborhood by, for example, providing shopping within walking or biking distance of homes. As the City plans its transportation system through the year 2035, it is assumed that the City will continue to serve as the premier destination golf resort community in the valley. While permanent residents will continue to comprise the majority of community traffic, seasonal traffic volumes can increase by up to 30%between late fall and early spring and can be further affected by major special events such as the annual Humana Challenge golf tournament, La Quinta Arts Festival, BNP Paribas Tennis Tournament, and Coachella and Stagecoach music festivals. The transportation issues currently faced by the City and the Coachella Valley include low occupancy per vehicle, a substantial physical separation between employment and housing in the region, and the established roadway network. Optimizing Land Use and Transportation Planning On average, 25% of vehicle trips are between home and work, while most of the other 75% are short trips -- running errands, picking up the kids and other local trips. With this understanding, the updated Land Use Element better reflects the need for proximity of homes to schools, shops and business centers. This proximity of complementary land uses will allow more people to walk, bike or use a golf cart or NEV, and reduces demand for roadway capacity. The mandates associated with State Senate Bill 375 require increased vehicle occupancy, mixed -use and transit oriented development, and use of mass transit systems. La Quinta may have a natural advantage in facilitating the use of alternative modes of travel, especially golf carts/NEVs. In addition, the high number of service jobs in the community and region should encourage the location of bus stops within a ten-minute walk, or easy bicycling distance between residential neighborhoods and employment centers. The City's neighborhoods can be protected from the impacts' 4 6 from noise, and vehicle emissions can be minimized by shortening or eliminating vehicle trips. Transit -Oriented Land Planning Historically, most urban development was centered around mass -transit, which also generated a need for commercial activities such as buses, taxis and car rentals services, hotels, restaurants, shopping, newsstands and convenience services. Today, many transit -oriented developments also incorporate employment centers, such as professional office, entertainment retail and high -density housing. Public transit is not currently well utilized in La Quinta or the region. Transit -oriented land planning may have limited application in the City in the immediate future, but it is evolving, and future efforts should be made to maximize the accessibility .and efficiency of the transit system. Features that make transit systems efficient include short direct routes and minimum time between the point of origin and destination. Frequent buses on a route reduce headway (waits between buses) and thoughtful interconnectivity with other routes increases the efficiency of transfers. The Highway 1 1 1 corridor and the "Village" area of the City offer some potential for transit -based land use planning. To be effective, higher density residential development should be planned in the vicinity of bus routes. Such housing must also be affordable and appealing to those in the service and retail industries that are more likely to take advantage of transit services. Transit -oriented residential development should also be located close to schools and commercial services. Bus stops should be located within a ten-minute walk of housing and major employment areas. Major stops should include facilities that allow for park -and -ride, and the parking of bicycles and golf carts or NEVs. Transit Centers Further consideration should be given to improvements to Highway 1 1 1 and adjoining corridors that shift travel from private cars and trucks to alternative modes, including public transit, golf carts, ride -sharing, car -sharing, bicycling, bicycle -sharing, and walking. The City shall consider the establishment of transportation centers that are multi -modal and allow transportation modes to intersect. They should be conveniently sited, with prospective general locations including: • Washington Street/Fred Waring Drive/Via Sevilla • Miles Avenue /Adams Street • Adams Street/Hwy 1 1 1 /Avenue 47 • Avenue 47/Caleo Bay Drive • Washington Street/Calle Tampico • Eisenhower Drive/Avenida Montezuma it 421 Roundabouts The City is currently host to four roundabouts, all of which are functioning properly and providing an adequate level of service to the community. Although this experiment in innovative intersection design has been the subject of much discussion, the roundabout has several real advantages that may be applicable to other City intersections. While roundabout speeds are relatively low (15 to 20 mph), traffic flows freely, so there is a lot of capacity in this type of intersection design when properly utilized. Other advantages of roundabouts include a substantial safety factor over signalized intersections, long-term cost savings, reduced emissions from idling vehicles, and the avoidance of having to stop traffic. Roundabouts can also be used as a traffic -calming device in areas with low vehicle volumes and higher numbers of pedestrians and bikers, where they may otherwise have four-way stop controls. The General Plan Circulation Element has provisions for the use of roundabouts as an alternative to conventional signalized intersections. These opportunities have primarily been identified in the southeast portion of the planning area. Bike Boulevards and Multi -Use Paths Bike lanes/paths and multi -use paths are expected to play a major role in the diversifying the City transportation system (Attachments 5 and 6). Bike and multi- purpose paths are a system of routes that can provide a convenient connection between neighborhoods, schools, parks, shopping, restaurants, dog parks and other activity centers. Bike lanes are being provided for use by bicyclists, and in many instances golf carts and NEVs. The ability to accommodate golf carts and NEVs is dependent upon the width of the existing bicycle lanes and the posted speed limits. Multi -use paths are designed to support a mix of cyclists, walkers, joggers and skaters. Portions of these paths may also serve equestrian users. Multi -use paths provide opportunities for economic benefit and growth by providing pedestrian and bicycle access to restaurants and other businesses, without the need for additional parking and traffic congestion. In addition, these paths can increase property values and tourism and recreation -related spending on items such as bicycles, in -line skates and lodging. Property values are also positively affected in communities with a well -developed multi -use path network which enhances health and recreation benefits -- according to a 2000 National Association of Home Builders survey of what active adults and older seniors want in their communities, walking and jogging paths ranked #1. The Circulation Element update provides ambitious plans for a network of bicycle/golf cart/NEV lanes and multi -use paths that would connect residences, commercial services and open space areas. The plans for multi -use paths have been more finely tailored to enhance alternative access to the City's activity centers. While this network has been identified throughout the city, implementing it on all roadway segments will largely be limited by the built environment. it 428 Circulation Element Goals and Policies The update to the Circulation Element incorporates many of the policies and programs of the existing 2002 General Plan. The update also includes a wide range of new policies and programs designed to more closely coordinate land use and transportation planning. The update also includes an overarching design philosophy of "Complete Streets" described above, which is designed to provide facilities for the full range of users not just automobiles and trucks. New policies also address the need for new approaches to land planning, as mandated by AB 32 and SB 375. The General Plan update identified the Highway 111 corridor and the "Village" area as well suited for mixed use development that places complementary land uses in proximity to one another and reduces the need to use a car. Finally, as an alternative to simply expanding the physical infrastructure in order to meet future transportation demand, the updated Circulation Element also provides for the implementation of transportation demand management (TDM), transportation systems management (TSM) programs, and intelligent transportation systems (ITS). Each of these management and technology -based approaches will also help the City get more out of its infrastructure. PLANNING COMMISSION: At the May 22, 2012 Planning Commission meeting, staff provided an update to the Commissioners consistent with the study session material being provided to City Council. General discussion with the Commissioners mainly focused on complete streets, future golf cart/NEV use and the future roundabout development versus standard signals. No public comment was provided on this item. CONCLUSION: Changes in the economy, growth trends, state legislation, and public concerns have all affected the direction of the General Plan update. While many of the challenges are unavoidable, staff will be proposing to implement the most practical solutions to address them in the General Plan update. This study session review is provided to inform the Council of those challenges and solutions and to reaffirm that the update is proceeding in a direction consistent with their vision for the City. Following discussion on these issues with the City Council, staff will proceed with the finalization of the General Plan document, including the General Plan Environmental Impact Report (EIR). A public workshop to present and discuss the draft General Plan has been tentatively scheduled for July 11, 2012. It is currently expected that the draft General Plan and General Plan EIR will be ready for public review and comment on July 6, 2012 and that public hearings before the Planning Commission and City Council will occur in September 2012. As the Council is aware, the General Plan EIR will be released for a 45 day public comment period, during which Staff plans'ja 429 conduct an additional community outreach meeting in order to present the draft General Plan and EIR to the City's residents and businesses. submitted, Planning Director Approved for submission by: Mark Weiss, Interim City Manager Attachments: 1. Current General Plan Map 2. Preferred Draft 2035 General Plan Map 3. Roadway classification maps 4. Exhibit showing the four constrained intersections and six segments 5. Proposed bicycle lanes plan 6. Multi -use path plan .t 430 ATTACHMENT 2 V. 432 ATTACHMENT 3 + NOT TO SCALE o a iwm I Aa�ay�y�aL ' 1 E t dP t t t . t _ t 1 t i t 1 t j4 1 _ t 1 1 1 1 t • ... as �.�-, -"� — Legend a a ■ City Boundary m Sphere of Influence anans Highway i 11 ' Major Arterial (61)) sl aaans Primary Arterial (41)) Secondary Arterial (4UD) Modified Secondary (2D) Collector (2UD) �1 f '^ is nMaid No 1, ^� , awe As I1' � al I 1 AI ae 8htl 1 sa- � 8 � E �1 x - t t t t • I Awnua fib � �Vi 10)& Iteris (2012) a / 1 City of La Quinta General Plan m rr exhibit L J TERRA NOVA' City Roadway Classifications i La Quinta, California n 433 ATTACHMENT 4 r, 1 City of La Quinta General Plan #, Exhibit L A TERRA NOVA° Roadway Network Special Focus Area e La Quinta, California 434 ATTACHMENT 5' r 1 City of La Quinta _ ' exhibit L J TERRA NOVA Bike Paths Master Plan e La Quinta, California 435 i ATTACHMENT 6' Legend a City Boundary NotrosaE m Sphere oflntluence • 0.• Class I Golf CortINEV Paths 1, 1�,� �. /1 V\1 ♦ , �il .I, 1 ♦��- Class 11 Golf Cart/NEV Paths cr.dwa or ■•m Class III GolfCart/NEV Paths ;� -.. ♦ -,7� Multi -Purpose Paths an AV ' .tj t{%_ aslward No- I - r ♦1 se I' was j 10 »» - g 3 Cabe Tm c . ►rru _. — 1's - - - # - -5. , E 1 ,.� ►.>.»• w•W 0♦ it Y. r1♦! .fie ,j♦ __ -. ♦• - _ .�_�_ Yei 54 IF 1 k � ♦ r♦ r♦ r � "See Figure 10b Z, Y 4r 1 .-_.. for details of this area" *4nlmon B7v a �e r♦! _ ` l 1 r� r♦ ♦; 1 i r♦ r.♦ �♦ r♦ Avoeue MY♦ Y♦ re ♦♦ ♦, r ♦ Ye r♦ r e_ 1 •Y re Ye �1 r♦ Ve ej t ♦ ri r♦ r�t� •rr r�- 1 � as 1 Source•. Iteris & Terra Nova 1• . . . Awnur M I 11 0 r 1 City of La Quinta General Plan Exhibit J TERRA NOVA® Golf Cart / NEV Paths ® ' Plwinµs R.IL 1M La Quinta, California 4 436 Community Services Commission Minutes March 12, 2012 -4- Soccer is the hardest on sports fields. If the fees are not implemented, maintenance may suffer. Commissioner Lawrence asked what is the AYSO organization doing to do fundraising. Mr. Becerra stated there are 6 major sponsors that give funds to the organization to offset the costs. Motion - It was moved by Commissioner Blakeley to recommend the implementation of a 30% Youth Sports Fees, coordinate with other cities, and specify a 50% reduction in fees for the Football Program. Motion failed. Motion - It was moved by Commissioner Leidner to recommend that staff determine a way to recoup $100,000 worth of fees from the various sports leagues on an annualized basis with an emphasis on a higher fee for non-residents versus residents. Motion failed. Motion - It was moved by Commissioner Blakeley/Lawrence to recommend the implementation of a 30% Youth Sports Fee as submitted by staff. Motion passed with Commissioner Leidner opposed. Director Hylton asked if the Commission want the staff to do something less with the Football Program. Motion - It was moved by Commissioner Blakeley/Lawrence to recommend the implementation of a 30% Youth Sports Fee as submitted and staff work to review the usage by Palm Desert/La Quinta Football. Motion passed unanimously. 2. Consideration to Recommend an Increase in Fees at the Senior Center for Certain Programs Supervisor Calderon presented the staff report. Commissioner Lawrence asked why staff was only looking to raise the luncheons to $4. Director Hylton explained that the reason the fee is recommended to be increased from $2 to $4 is that still is a 100% increase doubling the price while still having the City pay a subsidy. Staff is getting more bids to hopefully bring the costs down. Commissioner Blakeley suggested the luncheon fee be raised to $5. Commissioner Lawrence suggested making a $4 recommendation for one year and reevaluate in one year. Director Hylton suggested reevaluating in a couple of years. " 220 Community Services Commission Minutes March 12, 2012 -5- Supervisor Calderon explained that in the beginning the luncheons were not catered by restaurants, they were monthly potlucks with two luncheons (Thanksgiving and Holiday) being donated by Desert Cities Catering. Commissioner Blakeley asked how many luncheons per month are being offered. Supervisor Calderon explained that the Senior Center offers one luncheon per month. Commissioner Blakeley suggested the Senior Center only offer six per year. Commissioner Leidner asked if staff can seek sponsors to help cover the subsidy. Commissioner Leidner suggested asking the Chamber to have members sponsor luncheons. Director Hylton stated that staff has asked The Friends of the Senior Center to support several of these lunches. Commissioner Lawrence suggested the $4 fee and cutting back on the number of luncheons offered. Commissioner Leidner asked if the amount we want to charge the Bridge group is more than we would charge anyone else to rent the room. Director Hylton stated that the multi -purpose room is not available for outside rentals during the Senior Center open hours and the cost to rent the muti-purpose room ranges from $55 per hour to $125 per hour plus insurance fees. Motion - It was moved by Commissioners Lawrence/Blakeley to recommend the increase in luncheon fees to $4 per person and increase the amount the City collects for bridge players to $2.50 per person. Motion carried unanimously. STUDY SESSION - None. DEPARTMENT REPORTS 1. Department Report for February 2012 will be presented at the April meeting. COMMISSIONER ITEMS 1. Report from Commissioners Regarding Meetings Attended. 2. Calendar of Monthly Events PUBLIC HEARING - None. OPEN DISCUSSION - None. N 221 Community Services Commission Minutes a March 12, 2012 ADJOURNMENT It was moved by Commissioners Blakeley/Lawrence to adjourn the Community Services Commission meeting at 7:16 p.m. Motion carried unanimously. NEXT MEETING INFORMATION: A Regular Meeting of the Community Services Commission to be held on April 9, 2012 commencing at 5:30 p.m. in the City of La Quinta Study Session Room, 78- 495 Calle Tampico, La Quinta, CA 92253. 4 ' 222 REPORTS & INFORMATIONAL ITEMS: /7 COMMUNITY SERVICES COMMISSION MINUTES March 12, 2012 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, Fitzpatrick, Lawrence, and. Leidner ABSENT: Commissioner Engel STAFF PRESENT: Edie Hylton, Community Services Director; Steve Howlett, Golf & Parks Manager; Robert Ambriz Jr., Recreation Supervisor; Christina Calderon, Recreation Supervisor; and Angela Guereque, Senior Secretary PUBLIC COMMENT — None. CONFIRMATION OF AGENDA Motion - It was moved by Commissioners Leidner/Blakeley to confirm the agenda as submitted. Motion carried unanimously. PRESENTATIONS 1. Presentation by David Archer of the La Quinta Chamber of Commerce Director Hylton presented the staff report. David Archer spoke to the Commission about events held in January, February, and March. January 12 - Flash Lunch Mob at the Desert Sage restaurant 17 - Humana Kick-off Breakfast at the Private Clubhouse/PGA WEST 28 - B.A.D. Mixer at Juliette's Bakery 29 - 6th Annual Hot Rod and Custom Car Show at La Quinta Community Park W 217 Community Services Commission Minutes `m March 12, 2012 February 2 - State -of -The -City Mayor's Luncheon at The La Quinta Resort 22 - B.A.D. Mixer / TBD March 8 Flash Lunch Mob at The Crab Pot 17 - 3rd Annual Taste of La Quinta at Old Town La Quinta 28 - B.A.D Mixer / TBD Commissioner Blakeley asked how many members are in the Chamber. Mr. Archer stated there are approximately 450 members. APPROVAL OF MINUTES 1. Approval of February 13, 2012 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 to Recommend the Implementation of Youth Sports Fees Director Hylton spoke about the history of the sports fees Robert Ambriz Jr. presented the staff report. Commissioner Blakely asked if the sports organizations are currently paying fees for field use. Supervisor Ambriz stated there are currently no fees being charged to these organizations. Commissioner Leidner asked if the recommended fees are per season. Supervisor Ambriz stated the fees are per season. Jim Curtis, 43690 Pisces Court, La Quinta, CA 92253, Treasurer of AYSO and Human Services Manager for the City of Indio. Suggested the City of Indio and La Quinta move forward together on implementing fees if approved by the respective City Councils. Director Hylton stated that, if approved, the City will work with the sports associations and other cities to try and coordinate the implementation. it 218 Community Services Commission Minutes March 12, 2012 3 Chairperson Fitzpatrick asked how much the soccer registration is per season. Mr. Curtis stated the fee is currently $90 per child and select season (competitive) is $150 per child. LQYSA representative stated the registration fee for baseball is $140 plus a $100 refundable deposit. Manny Becerra, AYSO Regional Commissioner, 82836 Crawford Drive, Indio, CA 92201. Asked the Commission to reconsider, rates at this time. It would be very tough for AYSO to ask the kids for additional funds. AYSO is a non-profit organization with about 1,600 to 1,700 kids and provides approximately 50 scholarships. It would be a hardship for the kids if the rates are raised. Shaun Clark, Vice President of Palm Desert/La Quinta Football, 84573 Archora Way, Indio, CA 92201. With the current economy it is very difficult for our parents to pay. This football group had 150 players .and provides 20 scholarships this year. They are part of the biggest Jr. All American football conference in the State of California. Football uses the Sports Complex fields two months out of the year. To assess our kids $25 or $30 for two months is not comparable to what soccer and baseball are using. This program is a two City program between Palm Desert and La Quinta. Commissioner Leidner stated the economy in our City is not what it was 5 or 10 years ago. Something needs to be done to recoup some of the money. Asking the kids and leagues to pay a small portion is an essential part in helping us not run out of money. Commissioner Lawrence asked how to work out the football usage. Director Hylton suggested to consider options for the football group due to lower usage. Commissioner Lawrence asked if any of the organizations are doing any type of fundraising. Mr. Clark stated that PDLQ Football does raffles and individual team fundraising. Commissioner Lawrence stated there is a need for these fees and there should be some type of outreach to the families that will be affected. Director Hylton stated that City staff has been having conversations with the Youth Sports Board members regarding the implementation of fees for 3 years. Commissioner Blakeley stated that she agrees with both Commissioners Leidner and Lawrence that this is inevitable. It is reasonable to only charge the Football Program 50% of the fee. Chairperson Fitzpatrick stated she comes from the greater Los Angeles area where her kids played sports in the 80's and 90's and the parents were paying the same registration fees that are being paid now. The end users are the direct beneficiaries of these fees. This is one of the fairest assessments of fees from a public entity. 219 REPORT/INFORMATIONAL ITEM: I Lb INVESTMENT ADVISORY BOARD Meeting April 11, 2012 I CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 4:05 p.m. by Chairperson Spirtos followed by the Pledge of Allegiance. PRESENT: Board Members Mortenson, Blum, Spirtos, Park and Donais ABSENT: None OTHERS PRESENT: John Falconer, Finance Director and Vianka Orrantia, Senior Secretary II PUBLIC COMMENT - None III CONFIRMATION OF AGENDA - Confirmed Mr. Falconer requested that an amended copy of the Treasurers Report be added to the agenda. Board concurred. IV CONSENT CALENDAR A. Approval of Minutes of Meeting on March 14, 2012 for the Investment Advisory Board. MOTION - It was moved by Board Members Park/Mortenson to approve the Minutes of March 14, 2012. Motion carried unanimously. V BUSINESS SESSION A. Transmittal of Treasury Report for February 2012 Mr. Falconer presented and reviewed the staff report for the month of February advising the Board that the portfolio increased by $101,000 ending the month at $180.4 million. Mr. Falconer also reported due to the low -yielding money ..».. 223 market fund investments, staff reinvested the funds in Treasury Bills, which will be reflected in the March report. Mr. Falconer reported on the two. major expenditures for the month of February which included $1.36 million paid to Burrtec Waste for trash and recycling services and $1.63 million paid to the Riverside County Sheriffs. Mr. Falconer also reported on the $591,000 that was paid toward capital improvement projects in addition to reporting on revenue that was received for TOT for the month totaling $507,000 as well as payments received from the County for vehicle and lieu fees in the amount of $1.5 million and Sales Tax reimbursement in the amount of $825,000 (Mr. Falconer noted that this payment is normally received in January, but was received this year in February). In response to Board Member Blum, Mr. Falconer advised on the status of the construction of the Adams Street Bridge. Mr. Falconer advised that the portfolio performance was two basis points higher than the prior month ending the month at .36% and the performance of the pooled cash investments ended the month at .49%. In response to Board Member Mortenson, Mr. Falconer advised of the status of the Redevelopment Agency and the formation of the Successor Agency and their responsibilities as an agency. General discussion ensued amongst the Board and staff in regards to the elimination of the Redevelopment Agency and the appointed members and responsibilities of the Successor Agency. MOTION — It was moved by Board Members to review, receive, and file the Treasurers Report for February 2012. Motion carried unanimously. B. Continued Consideration of Fiscal Year 2012/2013 Investment Policy and Work Plan Items Mr. Falconer presented a redlined draft of the Board's recommended changes from the previous meeting to the 2012/2013 Investment Policy. Mr. Falconer advised the Board that at this time staff had no recommended changes to the policy. Chairperson Spirtos advised that if the Board had no further recommended changes that the Board approve the Fiscal Year 2012/2013 Investment Policy as amended. Board concurred. M 224 E MOTION - It was moved by Board Members Mortenson/Blum to approve the Investment Policy for Fiscal Year 2012/2013 as amended and continue this item to the June Investment Advisory Board for discussion and review with the Interim City Manager and City Attorney. Motion carried unanimously. VI CORRESPONDENCE AND WRITTEN MATERIAL A. Month End Cash Report - March 2012 In response to Chairperson Spritos, Mr. Falconer clarified that the ACH credit reported in the Month -End Cash Report is an acronym for Automated Clearing House. He further clarified that institute/bank collects all ATM payments made daily through the City and credits back all funds collected. Mr. Falconer presented and reviewed the month -end cash report for the month of March. Noted and Filed B. Pooled Money Investment Board Reports - February 2012 Mr. Falconer presented and reviewed the Pooled Money Investment Report for the month of February. In response to Board Member Park, Mr. Falconer advised that the impact of the RDA's elimination has caused a slight decline in LAIF's balance. Noted and Filed VII BOARD MEMBER ITEMS Chairman Spirtos advised the Board of the upcoming City events as follows: April 13, 2012: La Quinta History Series - Third and final lecture series to be held at the City of La Quinta Museum, guest speakers will include Terry Henderson and Kay Wolff. Talent Showcase to be held at the La Quinta Senior Center April 28, 2012: City of La Quinta's 30" Anniversary and Community Picnic to be held at Fitz Burn's Park 225 3 In response to Board Member Donais, Mr. Falconer updated the Board on the status of the recruitment of the City Manager. General discussion ensued amongst, the Board and staff regarding the City Manager's recruitment, as well as the status and recruitment of the Finance Director. Vlll ADJOURNMENT MOTION - It was moved by Board Members Mortenson/Park to adjourn the meeting at 4:46 otion carried unanimously. Senior Secretary 226 0 Department Report: / A O Oz • V F NOFTI TO: The Honorable Mayor and Members of the City Council FROM: Mark Weiss, Interim City Manager f'h� DATE: June 5, 2011 SUBJECT: Department Report - Response to Public Comment The following public comment was made at the May 15, 2012 City Council meeting: 1. Robert Sylk, 79-675 Rancho Santa Margarita, spoke regarding the California Bio-Mass dump located at 62nd and .Jackson in unincorporated county area. Mr. Sylk advised that the Concerned Citizens of La Quinta have received 150 signatures on their petition, and will be notifying the media: newspapers and television stations. Mr. Sylk thanked City staff for assistance in addressing the issue with Supervisor John Benoit's Office. He asked for the Council's continued support. Council Member Franklin stated she and Council Member Osborne will be meeting with the Air Quality Management District (AQMD) at Mr. Benoit's Office. The goal is to find out what is causing the intermittent odors and how the County of Riverside can assist in correcting the issues. Council Member Henderson stated all Council Members attend other meetings where they have the opportunity to discuss this issue with others, and she had alerted Supervisor Benoit to this problem. Council Member Henderson clarified that the City of La Quinta is somewhat limited in that California Bio Mass is not within the City's jurisdiction. Council Member Evans indicated that Supervisor Benoit's Office has indicated an interest in addressing the Council at the June 5 City Council meeting with regard to this issue. „- 227 Mayor Adolph stated he has also met with Supervisor Benoit. Supervisor Benoit's Office has spoken with the HOA of Trilogy and is working with County staff and AQMD to identify the source of the problem. p 228 DEPARTMENT. REPORT: 3A D �� Lowy yOF t TO: Honorable Mayor and Members of the City Council FROM: Susan Maysels, Interim City Clerk Sykl DATE: June 5, 2012 SUBJECT: City Council Summer Meeting Schedule In previous years, the City Council has chosen to approve a modified summer schedule, holding only one City Council meeting during August and/or September. If it is the Council's pleasure to hold one meeting in August and/or September again this year, direction to the City Clerk to adjourn the designated meeting(s) due to lack of a quorum would be in order. The regular meetings scheduled for August and September 2012 are as follows: August 7 September 4 August 21 September 18 Staff would appreciate receiving direction from the City Council to schedule public hearings and other matters for future meetings. CITY SA / HA / FA MEETING DATE: June 5, 2012 ITEM TITLE: Continued Public Hearing to Consider Adoption of a Resolution to Approve a One -Year Time Extension for Site Development Permit 2006-852, for a 264-Unit Condominium Project, Comprised of Units of Up to 29.5 Feet in Height, and Other Amenities, Bounded by PGA Boulevard to the South, the Arnold Palmer Private Clubhouse and PGA West Tennis Club to the West, the PGA Stadium Course to the North, and the PGA Tournament Clubhouse to the East. Applicant: Eden Rock RPW, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: J_ Adopt a Resolution of the City Council granting approval of Time Extension #3 for Site Development Permit 2006-852, subject to the Conditions of Approval as amended. FISCAL IMPLICATIONS: None at this time. The Development Agreement currently in effect requires payment of certain sums associated with the loss of Tourist Commercial land use due to the project approval. Mitigation payment would be collected with the original sale of the units as well as in association with all future unit resales. As the time extension request does not include any changes to the original entitlement approval, the Development Agreement remains in effect as originally approved. CHARTER CITY IMPLICATIONS: None REQUEST: On March 14, 2012, the applicant filed a request for a third, one-year time extension for the Site Development Permit (SDP) approval, to April 15, 2013. The City Council previously authorized one-year extensions on August 3, 2010, and on 4 230 May 17, 2011, which extended the SDP expiration date to April 15, 2012. The associated Tentative Tract Map approval for this project remains valid to April 15, 2015 through adoption by the state legislature of AB 208 in July 2011. However, the provisions of AB 208 do not. apply to the project's related development review permits, which are subject to applicable extension procedures as established by the local agency. BACKGROUND AND OVERVIEW: The Eden Rock project is located within PGA West, which has its main entrance on the south side of Avenue 54 at the terminus of Jefferson Street (Attachment 1). The site is currently vacant and was mass -graded in 1986 in conjunction with the initial golf course construction. Over the years, the site has been used for numerous temporary activities, including golf -related uses, parking, operations offices, stockpiling and storage. The Eden Rock amendment to the PGA West Specific Plan was approved by City Council on April 15, 2008, after the Council certified a Subsequent Environmental Impact Report for the project. A general plan amendment and zone change were also adopted, establishing the underlying land use to allow residential unit types under a resort -based land use for the site. The subject site development permit approval established the site -specific parameters for the project, and a development agreement was approved to ensure that a revenue -generating project would replace the original hotel approval for the site. Project Summary The approved Eden Rock site, architectural and landscape plan sets have been included in these materials as Attachment 2, and the following provides a brief description of those exhibits. The approved building plans are for three unit types, referred to as Courtyard, Manor and Village units. The Courtyard Homes are one and two-story designs and' are sited around the south and west project perimeter (i.e. PGA Boulevard); the Manor Homes are one and two-story units arranged along the northern Stadium Course boundary of the site; while the central Village units are two-story unit designs, clustered in the center of the site with the recreational amenities. These unit types are further described below: Courtyard Homes - 83 one and two-story, zero -lot line duplex units, with each court consisting of four units in two duplex structures, facing a common entry courtyard. These units are a fee -simple single-family attached product, with each unit sited on its own lot. There will be three different cluster configurations and 231 five floor plans, with three two-story plans and two single -story plans (48 of the 83 units are two-story). The five floor plans range from 1,618 to 2,462 square feet. Building plans show the building heights range from 17 feet, 7 inches, to 25 feet, 1 inch, to the high ridge line from finish grade. Each unit will have a two car garage with one covered golf cart space. Manor Homes - 79 two-story units designed as triplex structures, each with two ground floor units and one second -floor unit. There are three floor plans, ranging from 2,245 to 2,803 square feet. The building height of each structure is 27 feet, 10 inches to the high ridge line from finish grade. Each unit will have a two car garage with one covered golf cart space. A second Manor building design was approved as a one-story duplex structure, based on two floor plans of 2,495 and 2,942 square feet. The building height of the duplex structure is approximately 18 feet, three inches to the high ridge line from finish grade. Each unit will have a two car garage with one golf cart space. Village Homes - 102 multiple attached units, arranged in eight courtyards, each consisting of two 6-unit structures; a ninth courtyard contains one 6-unit structure at the very center of the project. Each structure incorporates the same plan layouts. There are six floor plans, ranging in size from 1,476 to 2,100 square feet. Of these six plans, three are 2-bedroom and three are 3-bedroom. The building height of each structure is 29 feet, 6 inches, from finish grade to the highest ridge line. The 2-bedroom units will have a one -car garage with room for a golf cart, while three bedroom units will have a two car garage but no golf cart storage. The project also incorporates a gated entry with gate house, and two designated recreation lots, one of which will contain a common area pool; a second pool is located at the east end of the Village unit complex. The main pool facility, near the center of the Village complex, includes a small pool house with restrooms and showers, covered loggia areas and a small entry gate structure. The east pool is somewhat smaller in size with similar facilities. The second recreation lot is sited just south of the main gated entry, and will contain various as -yet undisclosed amenities for residents of the project. There are also other "pocket" areas which are not shown as lettered lots, but are intended as recreation areas. Architecture - The overall architecture of the Eden Rock project reflects elements of Spanish, Mediterranean and Tuscan influences. The rooflines utilize shed and gabled design primarily, with some hip and turret -style elements. There are ornamental rafter tails, and all roofs will be covered with a concrete S-tile, approved as a mudded finish. Facade areas will be a smooth sand stucco finish, with some wall sections fully covered in stone veneer, matching courtyard and patio walls. The Manor homes have upper floor decks, while small balconies with tiled shed -roof awnings are shown on upper floors of Village and Courtyard units. The overall architecture of the project generally utilizes a combination of arched " 232 doorways and rectangular windows, with some exceptions. Finish details include decorative wrought iron, wood doors and vinyl windows, faux window shutters, painted wood garage doors and terra cotta trim. Landscaping - The landscaping plans provide preliminary plant palettes and conceptual landscaping for the typical unit cluster areas, PGA Boulevard,. entry and project common areas. All of these plans have been included as a set in the review packet in reduced -scale formats. These include the approved site and recreation area plans, typical unit plans, and PGA Boulevard streetscape plans. PUBLIC NOTICE: This time extension request was advertised in The Desert Sun newspaper on April 20, 2012. As with the original applications, all property owners within PGA West were mailed a copy of the public hearing notice, based on an expanded noticing (required notice is 500 feet from the subject property). Notice also was provided to the master homeowner association for PGA West. All written comments received from the public have been attached (Attachment 3). Any additional comments which are received prior to the meeting, but not included in this report, will be presented to the City Council. ANALYSIS: Based on the La Quinta Municipal Code provisions that govern time extensions for development review permits, the original approving body is the review authority for such extensions which, in this case, is the City Council. Therefore, no Architecture & Landscaping Review Committee (ALRC) or Planning Commission review is applicable to this extension request. Minutes from the City Council meeting of May 17, 2011, at which the last extension request was reviewed, are included with this staff report (Attachment 4). As with the prior two extension requests, there are no changes proposed to the project from its original approval by City Council on April 15, 2008. While there have been some new developments as the project has progressed over the past year, nothing has been presented to staff that would necessitate any revisions. The staff -recommended revisions to the conditions of approval are minimal and limited to updates, based on changes in codes, procedures and other requirements. All referenced conditions relate to their renumbered format, as reflected in the recommended conditions. The significant project milestones are discussed here. Subsequent to the last extension approval, the applicant has been able to resolve certain issues related to project financing, and agreements in principle with the PGA West Master Association. Most notably, this has resulted in the initiation and 10 233 ongoing construction of the perimeter wall construction. Staff has maintained contact with the Master HOA in regard to ongoing concerns related to wall construction, site maintenance, and project development status. The developer also filed a Tentative Parcel Map application to divide the property for the purpose of facilitating investor financing; the map was approved at a Director's Hearing on April 18. PGA Boulevard — During the course of the past year, the applicant and PGA West Master HOA have continued discussions toward an agreement on terms to assure that any potential construction -related impacts to PGA Boulevard will be addressed. However, to date no such agreement has been reached, and the requirement that the City verify this agreement effectively prevented the City from issuing permits for the wall. Therefore, the developer and the HOA worked out a separate agreement, based on the perimeter wall only, which segregated the overall maintenance issues from those associated with the perimeter wall, and allowed the Master HOA to approve the wall for construction. The applicant and the Master HOA are still working out the details of a master maintenance agreement affecting PGA Boulevard. Perimeter Wall — The original project approval conditioned the project perimeter wall to be installed as part of the initial project phasing. A concern that was raised during review of the second extension request was with timing of the wall construction and completion; as a result, a condition was included that set forth a schedule for the wall's ultimate completion. That condition allowed for extensions to be granted by the Planning Director, which the applicant did request and receive (Attachment 5). One issue that entered into granting the extension was the potential disruption during the Humana Challenge, which would have been occurring during the construction period. At present, the milestones for permit issuance and construction initiation have been satisfied; it is anticipated that the wall will be completed by the May 4 deadline. It should be noted that the wall will not be 100% complete, as the project entry and proposed construction and golf cart/course access points will need to remain in a temporarily fenced condition. Staff is working with the developer on an upgraded screen fencing that would color match the wall and could include a capping. The proposed conditions have been modified (Condition 56) to reflect these circumstances. Additionally, prior Condition 54 has been deleted as the wall design is approved and being installed. Golf Cart Path Alignment — Staff has had several discussions with the developer and the HOA concerning the ultimate golf cart access planning as affected by development of the Eden Rock site. The current access is planned along the north side of the Eden Rock site, from the Tournament Clubhouse and Stadium course, to PGA Boulevard and the private clubhouse and golf course to the west. Several 1N 234 alternatives are being looked at, which may necessitate changes to how access is ultimately provided. Any redesign will be coordinated between the PGA West Master HOA and the golf club, in conjunction with approval by the City. Condition 57 has been modified to acknowledge this and to allow this review to occur without the need to amend the current approvals. Site Maintenance - A primary concern of PGA residents and City staff was the condition of the green screen fencing around the site. With the wall construction nearing completion, this fencing has been completely removed and the majority of the concerns associated with it are now moot. However, as the applicant will be using a similar fencing to screen the temporary open wall sections as outlined above, staff is recommending retaining Condition 24 in regard to maintenance of the screen fencing, with language specific to these temporary closures. At present, the property is being maintained adequately in relation to blowing dust control. Conditions were added with Extension #2 to address blowing dust associated with the site and the use of a portion as temporary parking for the Tournament Clubhouse. These conditions were addressed over the past year in that an aggregate base material was installed at the parking area and appropriately cordoned from the remainder of the site. The entire site was also stabilized with a dust suppressant, in accordance with an approved dust control plan that was specifically required to be filed in a prescribed timeframe. The applicant has also removed several wooden 'story poles' that were erected in 2007 to provide a visual gauge of project heights. UPDATE FROM MAY 1,.2012 CITY COUNCIL Since the initial report to City Council of May 1, 2012, certain items in the preceding section can be updated: Perimeter Wall - The May 1 staff report indicated that the perimeter wall completion, as approved to this point, would occur by the May 4; 2012 deadline. Staff did inspect and accept the wall improvements on May 3, 2012. Condition 56, as previously proposed on May 1, is now Condition 57 and has been revised to reflect the current scenario. Site Maintenance - The temporary fence sections have also been completed and were part of the wall inspection; the protective cap for the temporary fence sections is on order and should be installed about mid -June. Condition 24, as previously proposed on May 1, is now Condition 25 and has been revised to reflect the current scenario. 4 235 CITY COUNCIL MEETING OF MAY 1, 2012 The City Council considered the extension request at their regular meeting of May 1, 2012 (Attachment 6). Based on late correspondence received, along with testimony from the developer and the PGA West Master Association (Master HOA), the item was continued to the regular City Council meeting of June 5, 2012 while the public hearing was open. This was intended to facilitate a meeting between the developer and the Master HOA to address the items outlined in the Master Association letter dated April 30, 2012, and the developer's rebuttal dated May 1, 2012 (Attachment 7). Staff subsequently met with the affected parties on May 17, 2012 regarding the five discussion points cited in the referenced letters: 1. DEVELOPMENT AGREEMENT - No resolution on this issue was reached. The City's intent with regard to requiring such an agreement, per Condition 24, is solely to ensure that provision is made for the remediation of PGA Boulevard due to any damages from Eden Rock construction traffic. This intent has been clouded by other issues that are between the Association and the developer to resolve. It is not the intent of the City to impose any requirement to limit the conveyance of property interests based on execution of agreements that the City is not party to. 2. CART PATH - Staff shares the concerns of both parties in regard to this issue. The Master HOA has a legitimate concern with when and where the cart path will be constructed. In terms of timing, it wants to insure that the path is completed prior to the site being under construction, when use of the existing temporary route over the site will no longer be available. The developer's concern is that a specific timeline is difficult to identify, based in part on investor uncertainties. Staff feels the best approach is to modify Condition 58, to require that the cart path be completed to its ultimate design within 120 days of issuance of any grading permit. The condition also provides that any changes mutually agreed upon by affected property owners would not be subject to revision of the SDP or tentative map approvals. 3. LANDSCAPING - The Master HOA would like to see the perimeter wall landscaping improvements completed to the ultimate design. As part of the perimeter wall approval, the applicant was required to provide remedial landscaping along the perimeter wall, until final project landscaping was installed. For most projects, this is commonly accomplished with completion of the off -site improvements. As the Eden Rock wall was specifically conditioned to be completed ahead of such improvements, it has been built prior to completion of the access points and any internal construction occurring, as well as accommodating golf cart access through the site. As a 236 result, the wall has not been completed to its full design, and therefore a final landscape improvement condition was not required. 4. DIRT MOUND - Staff recognizes an _aesthetic and dust control benefit in reducing the height of the dirt mound located just inside the Eden Rock site, behind the perimeter wall across from the Nicklaus Residential gate. While understanding the aesthetic concern cited by the Master HOA, staff has a greater concern with the blowing dust potential from this mound, having viewed the site on several occasions during windy conditions. Condition 17 has been added to require that the mound be reduced in height, to at least 12 inches below the top of the perimeter wall, and to be accomplished within 120 days of the granting of this extension. 5. GENERAL CONDITIONS - The City has applied approval conditions that are binding to the project itself regardless of ownership. To the extent of the City's authority, assurances related to project development are in place, regardless of successor(s) to title. The City is not party to any of the referenced private agreements, covenants, restrictions, etc., and has no interest or authority to intercede in such matters. FINDINGS AND ALTERNATIVES: The findings necessary to approve this time extension request can be made and are contained in the attached City Council Resolution. The alternatives available to the City Council include: 1. Adopt City Council Resolution 2012 - _ , granting approval of Time Extension #3 for Site Development Permit 2006-852, subject to the Conditions of Approval as amended; or, 2. Do not adopt City Council Resolution 2012 - _ , granting approval of Time Extension #3 for Site Development Permit 2006-852, subject to the Conditions of Approval as amended; or, 3. Provide staff with alternative direction. .a 237 Attachments: 1. 2. 3. 4. 5. 6. 7. Approved for submission by: Mark Weissjnterim City Manager PGA West Location Map Approved Eden Rock exhibits (Council only) Public correspondence received May 17, 2011 City Council Minutes City response letter, dated November 8, 2011 May 1, 2012 City Council Minutes Letters from PGA West Master HOA, dated April 30, 2012, and Eden Rock RPW, LLC, dated May 1, 2012 0 238 RESOLUTION NO. 2012 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING A THIRD, ONE- YEAR EXTENSION OF TIME, TO ALLOW DEVELOPMENT OF A 264-UNIT RESIDENTIAL CONDOMINIUM PROJECT FOR PROPERTY LOCATED WITHIN THE PGA WEST DEVELOPMENT, BOUNDED BY PGA BOULEVARD TO THE SOUTH, THE ARNOLD PALMER PRIVATE CLUBHOUSE AND PGA WEST TENNIS CLUB TO THE WEST, THE PGA STADIUM COURSE TO THE NORTH, AND THE PGA TOURNAMENT CLUBHOUSE TO THE EAST CASE NO.: SITE DEVELOPMENT PERMIT 2006-852 APPLICANT: EDEN ROCK RPW, LLC WHEREAS, the City Council of the City of La Quinta, California, did, on the 5th day of June, 2012, hold a duly -noticed Public Hearing, having been continued from May 15t, 2012, to consider the request of Eden Rock RPW, LLC, for a third, one-year time extension of Site Development Permit 2006-852, to allow a 264-unit residential condominium/townhome project, consisting of 83 Courtyard duplex units, 79 Manor triplex units, and 102 Village townhome units, including a guard gatehouse and two common area pools, on ±42 acres located within the PGA West development, bounded on the north and east by the PGA West Stadium Course and clubhouse, and on the south and west by PGA Boulevard, more particularly described as: LOT K AND PORTION OF LOT 1, TR 29421, AND A PORTION OF PARCEL 7, PARCEL MAP 20426 WHEREAS, the City Council of the City of La Quinta, California, did, on the 1 st day of April, 2008, and continued to the 15th day of April, 2008, conduct a duly -noticed Public Hearing, and after conducting said Hearing did approve said Site Development Permit by adoption of City Council Resolution 2008-028, subject to conditions; and, WHEREAS, said Site Development Permit was filed concurrently with a General Plan Amendment, Zone Change, Specific Plan Amendment, Tentative Tract Map, and a Development Agreement, in whole representing the development permit application for the project as contemplated; and, WHEREAS, the City Council of the City of La Quinta, California, did, on the 3`0 day of August, 2010, conduct a duly -noticed Public Hearing, and after 239 Resolution No. 2012- Site Development Permit 2006-852, Extension #3 Eden Rock at PGA West — Eden Rock RPW, LLC June 5, 2012 Page 2 of 3 conducting said Hearing, did, approve the initial one-year time extension for said Site Development Permit by adoption of City Council Resolution 2010-055, subject to amended conditions; and, WHEREAS, the City Council of the City of La Quinta, California, did, on the 17t" day of May, 2011, conduct a duly -noticed Public Hearing, and after conducting said Hearing, did approve a second one-year time extension for said Site Development Permit by adoption of City Council Resolution 2011-037, subject to amended conditions; and, WHEREAS, the La Quinta Planning Department prepared a Subsequent Environmental Impact Report ("SEIR") State Clearinghouse #2007061056) in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, which was presented to and certified by the La Quinta City Council on April 15, 2008 by adoption of City Council Resolution 2008-024 and in advance of any action on the project applications; and, WHEREAS, the La Quinta Planning Department did cause to be published a City Council Public Hearing notice in The Desert Sun newspaper, on the 20" day of April, 2012, announcing said Hearing on the requested time extension as prescribed by the La Quinta Municipal Code, with said hearing notice having been mailed to all property owners within the boundaries of the PGA West Specific Plan area; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the La Quinta City Council did make the following mandatory finding to justify approving a one-year time extension for this Site Development Permit: 1. The requested one year extension of time for Site Development Permit 2006- 852 is justifiable and appropriate, given the circumstances of the project. The applicant has made significant progress toward breaking ground on the development in question, including remedial site work, initial site preparation, and permitting and construction of the project's perimeter wall, which is nearing completion as of the date of this time extension being considered by the La Quinta City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 240 Resolution No. 2012- Site Development Permit 2006-652. Extension #3 Eden Rock at PGA West - Eden Rock RPW, LLC June 5, 2012 Page 3 of 3 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby grant approval of a second, one-year extension of time, to April 15, 2013, for Site Development Permit 2006-852, as referenced in the title of this Resolution, for the reasons set forth in this Resolution, and subject to the attached Conditions of Approval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 5th day of June, 2012, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Don Adolph, Mayor City of La Quinta, California ATTEST: Susan Maysels, Interim City Clerk City of La Quinta, California (Seal) APPROVED AS TO FORM: M. Katherine Jenson, City Attorney City of La Quinta, California 241 RESOLUTION NO. 2012-2013 EXHIBIT "A" CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-852 EDEN ROCK RPW, LLC JUNE 5, 2012 - THIRD EXTENSION OF TIME GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or. proceeding and shall cooperate fully in the defense. 2. This Site Development Permit is granted a one-year extension of time, and shall expire on April 15, 2013, unless granted any subsequent time extension(s) pursuant to Title 9 of the La Quinta Municipal Code (§9.200.080; Permit expiration and time extensions). Any future extension requests shall be submitted to the Planning Department, no less than sixty (60) days prior to the expiration date. 3. Site Development Permit 2006-852 shall comply with all applicable terms, conditions and/or mitigation measures for the following related approvals: • Subsequent EIR; SCH #2007061056 • Specific Plan 83-002, Amendment No. 6 • Tentative Tract Map 33226 • Development Agreement 2006-01 1 In the event of any conflict(s) between approval conditions and/or, provisions of these approvals, the Planning Director shall adjudicate the conflict by determining the precedence in conjunction with Condition 63, if applicable to the circumstances of any such conflict. 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: ." 242 • Riverside County Fire Marshal • La Quinta 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) • La Quinta Planning Department, • Riverside County Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Regional Water Quality Control Board (CRWQCB) • SunLine Transit Agency • South Coast Air Quality Management District Coachella Valley • State Water Resources Control Board The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvement plans for City approval. Coverage under the State of 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 Discharge Identification (WDID) number to the City prior to the issuance of a grading or building permit. 5. The design of community parking facilities for common areas shall conform to LQMC Chapter 9.150, and in particular the following: A. The parking stall, aisle widths and double hairpin stripe parking stall design shall conform to LQMC Chapter 9.150. On -street parking designated as guest parking on the approved site plan shall be designed in accordance with parallel stall requirements. B. Cross slopes should be a maximum of 2% where ADA accessibility is required, including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to better evaluate ADA accessibility issues. D. Accessibility routes as required 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 243 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 eight handicapped parking stalls. F. Golf cart parking areas shall be provided at various locations in the development, in particular in close proximity to the Village common pool areas. Golf cart stall size shall conform to generally accepted industry standards, as may be determined by the City Engineer and Planning Department. A project parking plan shall be required to include appropriate signage to implement parking restrictions, and on and off- street parking provisions of the CC & R's subject to City Engineer and Planning Department approval. G. A minimum five -space bicycle rack shall be provided in an appropriate location at or near each common pool facility. 6. 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. 7. The applicant shall comply with applicable provisions of 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; 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. 2010-0014-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 Permittee 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. 244 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. 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. D. 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. E. The inclusion in the HOA Conditions, Covenants, and Restrictions (CC&Rs), a requirement for the perpetual maintenance and operation of all post -construction BMPs as required. 8. Within 30 days of the initiation of any ground disturbing activity on the project site, the project proponent shall cause a protocol -compliant burrowing owl survey to be completed, submitted to the Planning Department, and approved. Should the species be identified on the site, the biologist's recommendations for relocation shall be implemented prior to the issuance of any ground disturbance permit. 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 245 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. PROPERTY RIGHTS 11. Prior to issuance of any permitls►, 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 all necessary persons or entities 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. Right-of-way geometry for standard knuckles and property line corner cut -backs at curb returns shall conform to Riverside County Standard Drawings #801, and #805, respectively, unless otherwise approved by the City Engineer. IMPROVEMENT PLANS 14. 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. 246 GRADING 15. 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 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). D. WQMP prepared by an engineer registered in the State of California. E. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control). 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. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan.provisions as submitted with its application for a grading permit. 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. 16. The applicant shall maintain pad heights, to the greatest extent feasible, for the Manor and Village unit pads as shown on the tentative map exhibit approved by City Council on April 15, 2008. "Greatest extent feasible" shall mean that, during the grading plan check process, the applicant may be permitted to revise the pad elevations for any or all of these units for circumstances relating to compliance for hydrology, drainage, utilities, and other infrastructure design requirements. The applicant understands that there may be further pad reductions that can feasibly be accomplished, as well as potential increases in pad heights that may be necessary to achieve the project design. Any increase in pad elevation height from that shown on the tentative map exhibit approved by the City Council on April 15, 2008, shall be limited to no more than 6 inches. Any revisions to pad elevations shall be reviewed through the 241 substantial conformance process and thereby subject to final approval by the City Engineer. 17. The existing large dirt mound located just inside the Eden Rock site, behind the perimeter wall across from the Nicklaus Residential gate, shall be lowered to a height that is no less than 12" below the Eden Rock perimeter wall height. Lowering of the mound shall be completed within 120 days of the time extension approval date. DRAINAGE 18. Stormwater handling shall conform to the approved hydrology and drainage report for PGA West Development, as modified for Tentative Tract Map 33226. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 19. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 1, 20. Nuisance water shall be retained on site. Nuisance water shall be disposed of as required for Tentative Tract Map 33226. 21. The applicant shall comply with applicable provisions for post -construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board - Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2008-001. A. For post -construction urban runoff from New Development and Redevelopment Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMP's per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board - Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2008-001. B. The applicant shall implement the WQMP Design Standards per (CRWQCB-CRB) Region Board Order No. 137-2008-001 utilizing BMP's approved by the City Engineer. A project -specific WQMP shall be provided which incorporates Site Design and Treatment BMP's, utilizing first -flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. 24� C. The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. 11T11 ITIFS 22. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. All utility requirements of Tentative Tract 33226 shall be applicable as appropriate to this Site Development Permit approval. CONSTRUCTION 23. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to private (Off - Site) 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. 24. The applicant shall provide a copy of an executed agreement with the PGA West Master Association, for maintenance and potential repair associated with the use of PGA Boulevard for construction activities associated with the Eden Rock project. The agreement shall be provided to the City prior to issuance of grading or grading -related permits or activities. This requirement is strictly to verify that the final agreement is in place prior to commencement of any construction, and is not intended to imply that the City of La Quinta is in any way a party to said agreement. This condition shall not apply to permitting for the project perimeter wall. 25. The applicant shall maintain, as necessary, the existing temporary screen fencing in all locations where temporary wall openings are intended for construction and golf cart access, until such time as those openings are removed to complete the perimeter wall. The applicant shall continue to maintain the site to avoid dust blowing onto adjacent properties. This requirement shall be effective immediately and remain in force until 100% completion of the project perimeter wall. 249 LANDSCAPE AND IRRIGATION 26. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC, as applicable. 27. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 28. Final landscaping and irrigation plans shall be prepared by a licensed professional landscape architect, to be reviewed by the Architecture and Landscaping Review Committee and approved by the Planning Commission, prior to issuance of the first building permit. All landscape plans shall be drafted in coordination with the preliminary grading plans. An application for Final Landscape Plan Check shall be submitted to the Planning Department for final landscape plan review, along with the appropriate fee. Said plans shall include all landscaping associated with this project, including perimeter landscaping, and be in compliance with Chapter 8.13 (Water Efficient Landscaping) of the Municipal Code, as in effect at time of plan submittal. The City -approved landscape and irrigation plans shall be submitted to the Coachella Valley Water District and Riverside County Agriculture Commissioner for their signature/approval, prior to submittal of the final plans to the Planning Department for City signature. NOTE: Plans are not approved for construction until signed by the Planning Director and/or City Engineer, as applicable. 29. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director and the Coachella Valley Water District. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 30. Project landscaping shall incorporate trailing vines in Village courtyard driveway parking turnaround areas, along wall areas in general, including perimeter walls, and in other areas of the project where appropriate, subject to review under the landscaping review process as conditioned. 31. Enhanced landscaping shall be provided along the north project boundary, for purposes of screening views of the Manor units from surrounding residential views toward those units. 32. Proposed landscape palettes for all landscape components of the project shall be consistent with the master palette included in Specific Plan 83-002, 250 Amendment No. 6, as approved, and shall not include tree species which can generate excessive green waste, such as Bottle Trees, Crape Myrtle, Jacaranda, etc., as appropriate. 33. 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," 51" Edition or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private street right-of- way. 34. The final landscape plans shall reflect a significant effort to reduce the use of turf areas in all landscaping, common and private. Specifically, plans shall minimize or eliminate all turf areas adjacent to sidewalks and roadways. FIRE PROTECTION The Riverside County Fire Department requires the below listed fire protection measures be provided in accordance with the City of La Quinta Municipal Code and/or the Riverside County Fire Department Fire Protection Standards. Final conditions will be addressed when complete building plans are reviewed. 35. For residential areas, approved standard fire hydrants, located at each intersection and spaced 330 feet apart with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1000 GPM for a 2- hour duration at 20 PSI. 36. For any buildings with public access, provide or show there exists a water system capable of delivering a fire flow of 1500 gallons per minute for 2 hours duration at 20 psi residual operating pressure, which must be available before any combustible material is placed on the construction site. 37. Blue dot retro-reflector pavement markers on private streets shall be placed to identify fire hydrant locations, per applicable Riverside County Fire Department Standard. 38. City of La Quinta ordinance requires all buildings 5,000 square feet or larger to be fully sprinkled per NFPA 13/13R/13D Standard. Effective January 1, 2011, all one/two-family dwellings and townhouses will require an automatic residential fire sprinkler system, designed and installed in accordance with HCD R313.3 or NFPA 13D. If required, sprinkler plans will need to be submitted to the Fire Department. 39. Any turnaround requires a minimum 38-foot turning radius. 251 40. All structures shall be accessible from an approved roadway to within 150 feet, of all portions of the exterior of the first floor. 41. The minimum dimension for access roads and gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. 42. 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. 43. 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 lanes will be designed to withstand the weight of 80 thousand pounds over two 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. 44. Gates may be automatic or manual and shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation. Automatic gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. Automatic gates shall be provided with backup power. 45. 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 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. 46. 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. 47. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. 252 FEES AND DEPOSITS 48. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee program in effect at the time of issuance of building permit(s). 49. 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. 50. Provisions shall be made to comply with the terms and requirements of the City's adopted Art in Public Places program in effect at the time of issuance of building permits. 51. Applicant shall pay the fees as required by the Coachella Valley Unified School District, as in effect at the time requests for building permits are submitted. 52. 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. PLANNING DEPARTMENT 53. Applicant shall ensure compliance with all mitigation measures set forth in the Subsequent Environmental Impact Report (SEIR), SCH #2007061056, as part of all related conditions of approval, as identified in Condition No. 4. These mitigation measures are required to address potentially significant impacts to Air Quality (Short -Term Construction Impacts); Cultural Resources; Noise; Public Services (Schools); Transportation, Traffic, Parking and Circulation (Project Traffic, Cumulative Impacts). 54. Applicant shall prepare project CC&R's to address parking restrictions for on - street guest parking and all other guest parking areas, including any use of common driveway space for parking. Parking provisions shall also include allowances for golf cart use and parking throughout the site. 55. Building heights, setbacks, parking and other development standards shall be in compliance with the approved plan documents for the Eden Rock at PGA West project, and any precedent conditions of approval for Tentative Tract Map 33226 and Specific Plan 83-002, Amendment No. 6. 253 56. A final acoustical analysis shall be completed and submitted for review at time of building permit plan check, based on final lot layout and pad elevations, to demonstrate that the City's standards for interior and exterior CNEL levels will be met for each proposed dwelling unit. 57. The remainder of the primary perimeter wall fronting on PGA Boulevard shall be completed as part of the project improvements phase incorporating the project entry. Construction of the remaining perimeter wall sections on the site perimeter shall be completed in accordance with the respective development phasing. 58. The initial phase of project improvements shall include the full extent of the golf . cart path realignment as shown on the approved tentative map exhibit. For purposes of this condition's applicability "initial phase of project improvements" includes any grading activities undertaken to implement development of the overall project. The golf cart path realignment shall be completed and available for use within 120 days of issuance of a grading permit. Any proposed realignment or other change(s) to the existing cart path design shall not constitute an amendment to the existing approved tentative map or site development permit. The Planning Director and Public Works Director shall be responsible for review and approval of any such revisions; however, no change(s) to the existing approved route may be authorized without written approval from the PGA West Master Association, and all parties with ownership interests in any affected properties. 59. All vehicular and pedestrian courtyards shall be developed with decorative pavers. All tile roofs shall be Mission clay, and incorporate a built-up mudding effect. All stucco coatings shall be a smooth, hand -trowel finish. 60. Applicant shall provide a common area recreation and amenity plan, including options for active recreational use amenities, to the Planning Department for review and approval by ALRC and Planning Commission. Active recreation opportunities are to be provided in the larger common open areas adjacent to the Village units, as delineated on the approved Open Space Exhibit. 61. The applicant shall submit detailed lighting plans for all common areas and buildings, and for all residential structures, to the Planning Department for review and approval as part of the building plan check. Lighting plans shall include site lighting, and all proposed fixture details and schedules for buildings and outdoor areas. 62. Any architectural design revisions to any residential or common area structure shall be reviewed through the ALRC and Planning Commission as a non=public 254 hearing business item, unless determined otherwise by the Planning Director based on significance of the design revision. The Entry Gate and Guard House, and a revised Manor one-story duplex building plan, are specifically remanded back to the Planning Commission for further review and possible revision, prior to the building plan check process. The Manor one-story duplex building plan shall consider more architectural detailing and enhancement, particularly with respect to the front elevation. 63. The project developer shall work with City staff to identify and incorporate enhanced energy conservation and efficiency measures, toward exceeding the minimum provisions of California Building Standards Code, Title 24. Such measures shall be considered in all aspects of project implementation, from initial grading construction to landscaping installations. 64. Any future time extension requests for SDP 2006-852 shall be subject to scrutiny in consideration of approval conditions for TT 33226. Should any requisite condition changes to the SDP conflict with existing TT 33226 conditions, an amendment to the tentative map in order to address said conflict may be required, subject to a determination by the Planning Director. 255 ATTACHMENT 2 Q 0 w g 257 w a S a^ wag �N N cc t = !! W o Wo 3e c O F 3 p in i Y (q ooi000 z i% H� s�=www„ww :nose io `u u u o z �mmzzzz =� o � K_Yozs�'s_ss <<<<n ku 0. 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P•s N fil � N 00 • a i e Q � � ili �� .V• � z F N G G Z i6 C N � N J T m 0 U LL o a F C7 O 3 3 F $ o 0 3 A 385 ATTACHMENT 3 CORRESPONDENCE RECEIVED 386 Wanda Wise -Latta From: Steve Weiss <sweiss@dc.rr.cotty Sent:Thursday, April 19, 2012 8:11 PM j To: Wanda Wise -Latta Cc: Linda Bender, Linda Evans; Don Adolph; Richard Hayes; Mary Caldwell " Subject: Eden Rock Extension - Meeting 6/1112 Attachments: CQA to H Culver.pdf, ATT804088.htm; letter La Quinta.pdF ATT804087.htm Dear City Council Members, I just received notice of a planned city council nice* on May 1, 2012 to discuss an extension for the Eden Rock Project at PGA West. 'Last Spring, a conditional extension was,approved by the La Quints City Cotmcil for this project. There were several conditions that we required for the extension to be maintained. 1 (specifically conditions 63-67 on page 17, see below). APR%S 2012 CMOPLAOMM t�alattxs i i f " 387 RamMon 2011.037 Site DMIOPMMt Pandt 2008-SSZ Extension 02 Eden Rock At P13A West, Clown PoIrRe POMM LLC AdopteA May 17, 2011 Page 17 of 17. tentative map in order to address sold conflict may be required, subject to a determination by the Planning Director: 63. Within 36 days of the approval date of this time extension, the applicant shall have established a perimeter boundary for the overflow parking area, 'currently used by the PGA West Tournament Clubhouse on the project site, and shall have treated the soil with soil stabilizerls), to the satisfactIOA of the Public Works Director. VN,, 64. Within 30 days of the approval date of this time extens _ r; '11pplicarit shall have submitted a Fugitive Dust Control Pion (FDC*i p ation and required security, for review. and approval, to the Public . 4d apartment. The FDCPshall be prepared In accordance with LQM haptet 6.1'0, (Fugitive Dust Control)., The FDCP shall be fully irr}p►amanted within 30 days of its approval by the City. e� 66. Within 60 days of the approval date of this extension, the applicant' shall have submitted to the City all plant and d9cumentation neossaary for review and approval of the perimeter WU14ZMlt. 66. Failure to comply with Conditio, 6,� or 06. of this time extension shall cause Site Development Permit y 52 to be null and void. JrFy,. .be�M s_la } . e 388-_ . CITY OF LA QUINTA CITY COUNCIL NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City of Le Oulma City Counall w16 held a PUBLIC HEARING on MAY 1, 2012. at 7:00 p.m, in the La Quilts, City Hall Council CMmbers, 78488 Cale Tampleo, La Oldrtte, Odfamb on the following item: - ITEM: SITE DEVELOPMENT PERMIT 2OOe-SS2 - EXTENSION I3 - EDEN ROCK AT PGA WEST - APPLICANT: EDEN ROCK RPW, I.I.C. LOCATION: WITHIN THE ORIGINAL PGA WEST SPECIFIC PLAN " AREA, SOUNDED BY PGA BOULEVARD TO THE SOUTH, THE ARNOLD PALMER PRIVATE CLUBHOUSE .. AND PGA WEST TENNIS CLUB TO THE WEST, THE PGA STADIUM COURSE TO THE NORTH, AND THE PDA TOURNAMENT CLUBHOUSE TO THE EAST " REQUEST: A ONE-YEAR EXTENSION OF TIME TO APRIL 15, 2013, FOR THE CURRENT SITE DEVELOPMENT PERMIT APPROVAL OF A 20"NIT CONDOMRIRIM PROJECT, COMPRISED OF ONE AND TWO STORY - UNITS OF UP TO 29.6 FEET IN HEIGHT, INCLUSIVE OF RECREATIONAL AND OTHER AMENITIES - ' LEGAL% LOT K AND PORTION: OF LOT 1, TR 29421; AND PORTION OF'PARCEL 7, PARCEL MAP 20426 The pubic comment Period oamhmoa from tin of gde "Woe fMwgh'Sia CKy Comldl PUNioVAUNg scheduled for MAY 1, 2012. For addtlonai IdafflaclM regarding this eppBaatNn, PWW opltteot Wpik�ae Nsslan, Principal Planter, at 1740) 777.7126. in the City's efforts to comply, with the requirements of Title II of the Americans With Disabilities Act Of 1990, the Planning Department requires that any person In need of any type of special squipausm assistance or aocommocation(s) in oraw to communicateat a City p11080 meeting, m= Infetht the PEMUM Deptotmem (760-777-7126) a minimum of 72 hours prior to the scheduled meeting. PUBLISH ONCE ON APRIL 20, 201 A " r+- 339 ATTACHMENT 4 City Council Minutes 8 MAY 17, 2011 2. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION TO APPROVE A ONE-YEAR TIME EXTENSION FOR SITE DEVELOPMENT PERMIT i 006-852, FOR A 264-UNIT CONDOINIUM PROJECT; COMPRISED OF UNITS OF UP TO 29.5 FEET IN HEIGHT, AND OTHER AMENITIES, GENERALLY BOUNDED ON THE, -NORTH AND EAST BY. THE PGA WEST STADIUM COURSE, AND ON THE SOUTH AND WEST' BY PGA BOULEVARD. APPLICANT: CROWNE POINTE PARTNERS, LLC Mayor Adolph and CouncH Member Franklin recused themselves from this item and left the "meeting., Planning Director Johnson presented the staff report. Council Member Henderson referred to the, minor revisions proposed by a memorandum distributed to the City Council and asked staff to explain any significant changes. Planning Director Johnson explained Condition #22, regarding an agreement of construction maintenance and the perimeter wall, is not tied into the conditions, and Condition #50 is not applicable to this project and has been removed. The Mayor Pro Tem declared the PUBLIC HEARING OPEN at 7:16 p.m. Dan Sturgill, 57646 Bally Bunion,, stated he has been working with. Mr. .. Rembold, and has made headway with improving the temporary fencing and dust control; ,he is a member of a 5-member ad, hoc committee, and appreciates the improvement of the temporary fence and is hopeful the developer will improve the fencing in the future. Council Member Henderson asked if Mr. Sturgill is ..in 'opposition of the extension, Mr. Sturgill stated he is not in opposition as there have been ' some improvements made. Howard Culver, 55501 Southern Hills, referred to'the agreement and the 1 enforcement regarding dust control of ,the project; stated there has been no dust control for several years; statedCondition #23 has not been enforced and has no contact to report blowing dust and sand;, and asked who is required to respond to address "dust control. Public Works Director Jonasson explained all undeveloped sites are required to post a PM10 sign where contact information to the developer with a 24 hour phone line must be posted; and stated contact information to report the PM10 control issues will be provided to Mr. Culver. 390 City Council Minutes 10 MAY 17, 2011 Mr. Culver stated no one responds while the wind is blowing. Public Works Director Jonasson stated the requirement is the responsible party must secure the site within 30 minutes of receiving a call of complaint; and further staff can also. respond within ,the 30 minute timeframe if there is no response. Steve Weiss, 57419 Colonial, stated he likes the project and would like to see it built; developer has worked well with the residents and has done a good job in responding to the ad hoc committee's concerns of the temporary fence and overgrowth' of, plants at the fence; conveyed concern that the developer has not performed in -maintaining the property; and asked how can enforcement be made to assure residents the conditions will be fulfilled. Jim Murphy, 54580 Riviera, Vice President of the PGA Masters Association, stated the Board has reviewed the request for extension and met with staff; suggested Condition #16 regarding maintenance of the temporary green screen fence be enforced by the posting of a cash deposit with the Association, and the obligation continue until' the construction of the perimeter wall is completed; Condition #15, requiring a copy of. the Development Agreement be provided to the Association, has not been provided and suggested a copy of the agreement be provided upon=. submission of any, permits 'for development of the project; Condition #16 regarding dust control has not been maintained and suggested a gate be installed ,at the Stadium Club parking lot; stated the conditions could be enforced by a development agreement between the PGA Master's Association and Crown Pointe; requested the City grant a three-month extension contingent upon completion of development agreement and upon fulfillment be given an extension as requested by the developer. Bruce Franklin, 8.1060 Kingston Heath, stated the project site has been maintained in a deplorable condition; pointed out the signs declaring bankruptcy on the project site implies the residential property is included; and suggested the City Council impose strong conditions and strict deadlines. David Peters, Crown Pointe attorney, stated the development agreement . established is no different than any other development agreement; stated the permanent wail pre -disposes the project design; stated the establishment of - Condition #15 last year was prudent but did not see that same condition in this list of conditions; .have not met with the PGA Master's Association; there is a big issue to .establish a development agreement between Crown Pointe and PGA West; the developer wishes the project to move forward; and is looking for the City Council's assistance for what should occur. 391 City Council Minutes 11 MAY. 17, 2011 Mayor Pro Tem Evans asked what type of agreement was reached between the parties. Mr. Weiss explained an agreement was established_ regarding the perimeter wall, and soil treatment. Mr. Peters stated they welcome the Associations input but the developers' interest is with the PGA Master property. Wayne Rembold '(Applicant), 80859 Via Puerta Azul, stated a number of discussions have occurred with the issues presented by the residents; have gone through a long ordeal with the lender in order to begin development;. looking for the final, pieces to -proceed vertical and will have it shortly; have . worked hard behind the scenes regarding this property;,upon approval of an extension last year, the developer was required to establish an agreement with the, Association; stated the issues Mr. Peters and Mr. Murphy presented are sensitive to the developer as it affects property values; stated they cannot'get a meeting with the Association to discuss these issues and establish an agreement; have worked with staff regarding issues requested" from 'PGA West; with respect ,to the agreement with- PGA West, have recently committed to stabilize the overflow parking area; committed to build the. perimeter wall and is scheduled to begin in October 2011. Mayor Pro Tem Evans stated there were commitments, for the fencing and, PM10 issues last. year, and asked what is the proposed timeline to address these issues if an extension is granted. Mr. Rembold stated the overflow parking lot will be stabilized in the next 30' days as well as the screen fencing; and the perimeter wall will begin construction in October 2011 and completed in March 2012. Mayor Pro -Tem Evans asked why not begin the perimeter wail in July "2011 and asked staff if that would allow enough time to process permits. Planning Director .Johnson explained there has been a preliminary plan submitted for review but is not ready for permit issuance at this time; and there is time to issue permits by October 2011. Mr. Rembold stated he would like to begin construction of the perimeter wall as soon as possible. -Council Member Henderson stated in today's economy she leans toward the developer and the difficulties of maintaining the project property; stated she has viewed the temporary fence and finds it deplorable; conveyed- concern of the lack of contact for PM10 issues; and asked why haven't maintenance has been done until the deadline for another extension. Mr. Rembold stated he currently has an effort underway and there was an . understanding with PGA West to maintain the temporary fencing; whether or not the "fence was in disrepair they have been concerned; stated there has n 392 City Council Minutes 121, MAY 17, 2011 been a hiatus due to the lack of funding and are now committed to maintain the property. Council Member Henderson stated she needs. assurance from staff that something is in place for the residents regarding dust- control; the other issues the developer has with -the Master's Association is his problem, but the issue with the perimeter wall construction prior to development has some validity; unsure she can support a one-year extension: and suggested -a monthly report, be provided by staff on`the maintenance of the property; and further stated a 90-day extension is too -short and suggested the possibility " of a 6-month extension with monitor by staff. Mr. Rembold assured the City Council. the perimeter wall construction will begin in October 2011 and staff can monitor it. Council Member Henderson stated the, agreement between the applicant and PGA West is private; and suggested staff be involved physically onsite on a monthly basis regarding the temporary fencing and dust control of the . overflow parking lot; further suggested all parties get together to review the conditions and cooperatively monitor the fulfillment of'conditions. Mayor Pro Tem Evans suggested -the documentation to receive the perimeter,• wall permit. -be submitted, within a 60 day period -of approving the time extension; conveyed her support of a cooperative margin process; and stated she would likestrict monitoring of the enforcement of the conditions' imposed. Council Member'Henderson conveyed her concern .of the suggested 90-day' j or six month time extension; and asked if a one-year extension with a six. . month review of conditions can be imposed. City Attorney Jenson stated it would be better to approve a six-month extension becN Ouse if it is subject to revocation, it would eventually be treated as a six month extension. Mr. Rembold ,stated the lender would not agree to fund the project with a six-month time extension. City Attorney Jenson explained the City Council can add milestones to the conditions and, be subject to a breach of the condition and revocation of a permit. ' Mayor Pro Tem Evans can make a recommendation for a time period of conditions. - City. Attorney Jenson explained the City Council can add provisions' for revocation of the permit. City Council Minutes 14 MAY 17, 2011 Planning Director Johnson explained if the conditions proposed by staff were approved there would not be anything preventing the wall from being constructed, but it would prevent any other construction until all issues have been addressed in'an agreement'depicted in Condition #22. Mr. Rembold stated he has spent hundreds of thousands of dollars for submitted grading plans and permit applications with the City. Mrs. Amboss stated if the time extension is too short there will be a,problem with the lender for the project. Mr. Peters -stated there is an overriding thought that all changes can be conducted without involvement of the PGA West who is the property owner; suggested he, the applicant, staff and the City Attorney discuss and clarify the issues, as not all parties are on the same page and the issued framed. Council Member Henderson asked, why aren't the Master's Association and PGA West discussing these issues with each other. 1 Mr. Peter stated all parties are speaking together; and the agreement i submitted by the applicant has been drawn up in haste. There being no additional, requests to speak,.the Mayor Pro Tem declared the PUBLIC HEARING CLOSED at 8:25 p.m. Council Member Henderson stated she is generally not afraid to step out and make a motion, and take a vote; asked the City Attorney if this issue has become muddled enough that it needs the opportunity to be unmuddled, and further asked if the City Council has enough information to move forward on -the issues and make a decision. City Attorney Jenson stated this is a .City issued permit and whether the Association and PGA West have issues is not a matter of the City; stated the City Council may continue this item if it is desired; and further stated sheds., not confused with ,the agreement, issue and reviewed options of the City Council to add conditions, time extensions or denial of the, request. i Mayor Pro Tern Evans asked if the City were to provide a one-year, extension with conditions including within 30 days the fence repair and parking lot issues are addressed, within 60 days documentation to submit a permit for perimeter wall is provided, and by October 1, 2011 begin construction of the perimeter wall with a completion date, can we include a provision that if all mile -markers are not met the time extension is negated. i 394' City Council Minutes 15, MAY 17, 2011 City Attorney Jenson confirmed, and explained her concern of providing some due process rights for the applicant prior to cancelling the extension. Mayor Pro Tern Evans stated , the 'issues are the temporary fence, maintenance of the parking lot, "beginning construction of the perimeter wall, and the agreement with the Association; conveyed her understanding of the lender's concern of a -time extension less than one year; and stated progress can be mandated and monitored as suggested by staff by all parties. Public Works Director Jonasson suggested the City Council include a Fugitive Dust Control Plan as part of the grading permit application be imposed as a = condition to enable a notification sign for contact by the public to report dust control issues. City Manager Genovese suggested the City Council recess, for ten minutes to allow staff to write-up the added' conditions for Council's review and approval. I Mayor Pro Tom Evans recessed the City Councr7 meeting. ` TheOlty Council meefing'was reconvened by Mayor Pro Tom Evans. l City Attomay ,Jenson reviewed the addition .of, four conditions: Condition � #64, within 30 days of, granting an extension, the applicant shall ,establish l the perimeter boundary: of.the parking lot area and treat with soil ° stabilizers .to the satisfaction of -the Director of Public Works; Condition #65,'within 30 days of granting an extension, the applicant shall submit the Fugitive Dust Control -Plan and the required security (bonds), and within 30 days of approval, the Plan must be fully implemented. Mayor Pro Tern, -Evans asked" what the timeframe for approving the Fugitive Dust Control Plan is. Public Works Director Jonasson explained the applicant has already submitted a plan and approval can be completed within -a couple of weeks. City Attorney Jenson continued the review of the added conditions and, explained. Condition #65 causes the revision,of Condition #14c by -deleting the requirement of submitting the Fugitive Dust Control Plan with the grading permit. Condition #66, within 60 days of .the issuance of the time extension, all documentation necessary for a permit to be issued for the construction of the perimeter wall must.be provided to the -City; and Condition #67, the failure to comply with Conditions #64, 66, or 66 shall cause the site development permit to become null and void. 395 City Council Minutes 17 MAY 17, 2011 carried by a vote of 2-1-2, with Council Member Sniff dissenting, and Mayor Adolph and Coundli'Member Franklin absent. ADJOURNMENT There being no further business, it was, moved by Council Members Sniff/Henderson to adjourn. Motion carried unanimously. Resp!;!!ylly submitted, VERONICA J. ONTECINO, City Clerk City" of La Q inta,,California tt E 1 n 396 ATTACHMENT 5 `&4 4 " P.O. Box 1504 LA QUINTAL CALIFORNIA 92247-1504 78-495 CALLS TAMPICo (760) 777-7000 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101 November 8, 2011 Ms. Monica E. Amboss Anderholt Whittaker, L.L.P. 73525 Ell Paseo, Suite E-2516 Palm Desert CA 92260 SUBJECT: RESPONSE TO LETTER OF SEPTEMBER 19, 2011 RE: RESOLUTION 2011-037, CASE NO: SDP 2006-852; EXTENSION #2 HEDEN ROCK AT PGA WEST), APPLICANT: CROWNE POINTE PARTNERS, LLC Dear Ms. Amboss: The Planning Department has received the subject letter, requesting extension of the milestone dates as set forth in Condition 55 of the referenced SDP 2006-852. Additionally, this department also received email correspondence providing summaries of timelines related to plan submittals and development agreement documents between the applicant, your office, and the PGA West Master Association. In addition to the information provided with the request for an extension, this department just received a copy of a recently executed agreement between the PGA West Master Homeowner's Association and Crowne Pointe Partners regarding development of the perimeter wall. The agreement addresses several matters but most notably includes a revised schedule (Section XII, Page 7) from that requested with the time extension. The purpose of this letter is to provide the Planning Director's decision in regard to said request for an extension. Based upon the information provided with the request and, more notably, the recent execution of the wall agreement between the two parties, the request for time extension is granted, subject to the following schedule: • Acquire building permit by December 30, 2011. • Commence wall construction by February 15, 2012. • Complete perimeter wall construction by May 4, 2012. Please be advised that you may appeal this determination in accordance with La Quinta Municipal Code Section 9.200.120.A. You have 15 days from the date of this letter to file an appeal. For your convenience, i have enclosed a copy of Section 9.200.120. 4 is 397 Should you have any questions regarding this information, please do not hesitate to contact myself or Wally Nesbit, Principal Planner, at 760-777-7069, or via email at wnesbitft-guinta.orp. Encl. c: Mr. Wayne Rembold Chris Bergh, MDS Consulting Public Works Department Building & Safety Department City Clerk's Office • e ATTACHMENT 6 — NONE Mayor Atsikh and Council. commended Emergency Services Coordinator Paul s on the positiv back from Sandy Hardin, Captain of the Westward Ho A for his earthquake p ness training. Mayor Adolph and Council c ratulated Community'Servioes rector Hylton and ftecreation Supervisor.Larson-on Litstanding commun' ionic end city birthday celebration. Council Member Evans noted that she has any positive comments on the Improved traffic flow and neighbor mkt ion mass s during the three concert weekends. Ms. Evans extended os to Planning for Johnson and his counterpart Jim Curtis of Indio sing available 2417. Council Member Frank' said that..one•example of the value of Director hnson's and Mr. Curtis' Pr nee and involvement was the darkness problem at Aven 64 and Madison covered during the first weekend. - It was so great to see ` resolved quickly with portable lights. The also .go to the Police Officers and Fire ters working the events. PUBLIC COMMENT (7pm) - none PRESENTATIONS NONE PUBLIC HEARINGS . . 7. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION TO APPROVE A ONE-YEAR TIME EXTENSION FOR SITE DEVELOPMENT PERMIT 2006-02, FOR A 264-UNIT CONDOMINIUM PROJECT, COMPRISED OF UNITS` 'OF UP :TO 29.5 FEET IN '. HEIGHT,. AND. OTHER' .AMENITIES, BOUNDED BY PGA BOULEVARD TO THE SOUTH; THE ARNOLD PALMER PRIVATE CLUBHOUSE AND PGA WEST -TENNIS CLUB TO THE WEST, THE PGA, STADIUM COURSE TO THE "NORTH, AND THE "PGA TOURNAMENT CLUBHOUSE TO THE EAST. APPLICANT: EDEN ROCK RPW, LLC Mayor Adolph and Council Member Franklin each announced that they have a conflict with this item due to the proximity to their residence, and left the dais while this was being discussed. . Principal" Planner Nesbit presented the staff report. CITY. COUNCIL MINUTES 14 'MAY 1, 2012 3 9 9' Planning Director Johnson informed Council that -additional correspondence was received on this item. One from the PGA West Masters Association, one from the applicant responding to that letter, and just two hours ago, an a -mail from Mr. Keiffer, General Manager of PGA West requesting continuance of this item. i Mayor Pro Tom Henderson declared the PUBLIC HEARING OPEN at 7:17 p.m. Public Speaker: Monica Amboss, Anderholt Whittaker, representing Wayne Rembold and the_ Eden Rock development, and Chris Bergh, MOS . Consulting, representing Wayne Rembold, stated that they are in agreement with all the conditions and if desired by Council, a continuance is acceptable to them. Public Speaker:.. Richard Hayes, President of the PGA West Master Association stated that the Association does not oppose a continuance. He said they would like the 'opportunity to: work through some of the issues outlined in their letter. They support getting the development going. He stated that the Development Agreement is an important document from their standpoint. He said he is. f j interested in the golf cart proposals and would need time to "examine that. Mayor Pro Tern Henderson declared the PUBLIC HEARING -CLOSED at 7:20 p.m. Council Members Osborne and Evans expressed. their desire to grant "the continuance of the public hearing. Mayor Pro Tom "Henderson declared the PUBLIC HEARING REOPENED at 7:22 p.m. I MOTION - A motion. was made by Council Members Osborne/Evans to continue the public hearing to June 5, 2012. Motion passed unanimously. 3-0-2 absent i 2. PUBLIC HEARING TO CONSIDER A RESOLUTION ADOPTING TH CAL 2012/2013 THROUGH. 201612017 CAPITAL I OVEMENT PROG Mayor Adolph and Coun ember Franklin retume o the dais for the remainder of the meeting. Principal Engineer McKinney prese the ff report. In response to Council mbar Henderson, Principe ineer McKinney said that the city would s ' se the construction management fi oversee the work done by the tractor selected by the bonding company to take the project. sponse to Council Member Osborne, Mr. McKinney stated that the Eisen or roundabout was approved. In last year's �CIP budget, the estimated cost 'is CITY COUNCIL MINUTES 16 .. MAY.1, 2012 a 4J0 ATTACHMENT 7 Ian i PGA EST r h. PGA WEST MASTER ASSOCIATION, INC. I �/ P.O. BOX 1516 LA QUINTA, CA 92247-1516 c PHONE (760) 664-3868 FAX (760) 654-2329 April 30, 2012 City of La Quinta VIA EMAIL AND US MAIL P. O. Box 1504 dtymanagemcffioe@la-quinta.org La Quints, -CA 92247 Attn: City Council"Members Re: Eden Rock RPW, LLC Application for Extension #3 Parcel Map 36433 Dear Council Members: The Board of Directors (the 'Master Board") of the PGA West Master Association, Inc. (the "Master'Association") has considered the pending request of Eden Rods RPW, LLC ("Applicant') for (1) a one year extension of its Eden Rock development entitlements, and (ii) approval of Parcel. Map 38433 (the "Applications"), currently scheduled for hearing on May 1, 2012. The Master Board offers the following comments and makes the following requests concerning the Applications: 1. DEVELOPMENT AGREEMENT. The stated basis for the subdivision is to facilitate financing. However, it is known that in addition to financing Applicant is seeking to sell all or part of the property and is seeking a joint venture partner. While the Master Board does not object to the subdivision as proposed, the Master Board believes that no conveyance of all or any part of the real property should be t 401 consummated prior to the finalization of a development agreement between the Master Association and Applicant. The. Master Board has incurred substantial attorney fees in dealing with Applicant and its predecessor, and although. some reimbursement has been received, the Master Board (i.e., PGA West Residents) cannot be expected to incur costs in negotiating multiple development agreements with multiple developers. One of the existing development conditions is the requirement that Applicant enter into a development agreement with the Master Association. It is time to require Applicant -to complete the development agreement, which can be enforced by either limiting Applicants ability to convey any interest in the property until such agreement is completed or making the subdivision effective only when the development agreement is finalized. Accordingly, the Master Association makes the following requests: REQUEST NO. 1: Impose a condition on the subdivision that no conveyance of any interest in the property be consummated prior to the signing of a development agreement with the Master Association, or alternatively make approval of the subdivision conditioned upon finalization of a development agreement with the Master Association. REQUEST NO. 2: Impose a deadline of September 30, 2012 for completion of the development agreement with the Master Association. .2. CART PATH. We experienced a dosing of the gate/cart path'between the private clubhouse and the tournament clubhouse in 2011 following the last extension approval. We were told that the City required that dosing, although we were informed by City staff that the closure was decided upon by the Club and/or Applicant. The dosing creates a safety hazard In -that golf carts are then forced to travel down PGA Blvd. from the private clubhouse to the tournament clubhouse. We are concerned that Applicant will close the cart path in the future, and may use later construction as a reason for closing it for an Indefinite period of time. Accordingly, the Master Association makes the following requests: REQUEST NO, 3: Impose a condition that the cart path between the private dub house and the tournament clubhouse is to remain open during daylight hours for use by golfers/residents and shall not be closed without written approval from the Master Association. REQUEST NO. 4: Prior to any further grading and/or construction activities that might necessitate a closing of the cart path, require Applicant to construct the cart path as per the existing entitlements/plant from the current driveway cart path access point, north between the perimeter wail and PGA Blvd., and then east along the north side of the subject property to the tournament clubhouse. 402 3. LANDSCAPING. We are pleased that the perimeter wall is nearing completion. However, the Master Association believes that the Applicant should be required to complete the landscaping along the wail within a reasonable period of time, with the landscaping plans subject to approval of the Master Association. Without a time requirement for completing the landscaping the wall along PGA Blvd, could remain un4andscaped for years. Accordingly, the Master Association makes the following request REQUEST NO. 5: Applicant should be required to submit landscapingfirrigation plans to the Master Association within ninety (90) days, with the landscaping to be consistent with other wail landscaping along PGA Blvd.; as approved by the Master Association, with the landscaping and irrigation to be completed no later than November 30, 2012. 4. DIRT MOUND. There is a large mound of dirt just inside the perimeter wall near the Nicklaus Residential entrance. This mound is several feet above the height of the wall and constitutes an eyesore and is a source of blowing dirt and dust in windstorms. While we recognize the towering of the mound may constitute 'grading', we request that the Applicant be required to lower the mound and to take whatever steps are necessary to enable it to do so, within a reasonable period of time. Accordingly, the Master Association makes the following request: REQUEST NO. 6: If- a permit is necessary to tower the mound, Applicant should be required to apply, for the permit within sixty (60) days and satisfy all conditions imposed by the City to enable Applicant to lower the mound, with the actual work to be completed no later than September 30, 2012. 5. GENERAL CONDITIONS,. With the change in ownership of the subject property from Crowns Pointe, LLC to Eden Rock RPW, LLC, it is important that the new owner be bound by all of the existing agreements, covenants, conditions and restrictions previously imposed upon or agreed to by Crowns Pointe, LLC and its predecessors. Given previous positions of Crowns Pointe that it was not bound by certain conditions, such as maintenance of the green fence and the obligation to join an existing PGA West Residential HOA, the Master Association. believes that a general condition binding Applicant to all previously existing agreements, covenants, conditions and restrictions, whether recorded or unrecorded, should be expressly stated. Accordingly, the Master Association makes the following request REQUEST NO. 7: A condition should be imposed that states in substance that Applicant is bound by all extsting agreements, covenants, conditions and restrictions, whether recorded or unrecorded, 3 4,33 previously imposed upon or agreed to by Applicant, Crowns Pointe, LLC and/or their predecessors. Thank you for your consideration of the foregoing: The Master Board requests the opportunity to address the Council at the time of the hearing. Respectively submitted, The PGA West Master Association, Inc. By: Richard A., Hayes, President a EDEN ROCK RPW, LLC 1022 SW SALMON, SUITE 450 PORTLAND, OR 97205 May t, 2012 City of La'Quinta 78495 Colic Tampico La Quima CA 92253 Attn: City Council Members Re. WE DEIMWMENT PERMIT 2M"52 CROMW 1101011E PARTNERS. LLC - MAY 1. 2012-THIRD EXTENSION tSitME ' Dear City Council Members- 1 am pleased to be able to report that the perimeter wall construction along PGA Boulevard will be completed on schedule. I have asked Monica Ambosc to have pictures lbr your review at the hearing this evening. Below is a quick reaction to the items raised in Mr. Hayes letter dated April 30, 2012 which I received this morning. l would request that if the Council is inclined to impose any of the items outlined in the Hayes letter that this hearing be extended so that 1 can adequately address all of the concerts raised. As you will g:mcmber last year, prior to securing a building permit a development agreement was negotiated with the PGA West Master Association for just the perimeter wall construction. Another development agreement will be negotiated with the Master Association prior to any further construction at the site. At this time, no immediate construction is anticipated. 2. Cart a" Apparemly prior to our purchase of the property, KSL Resorts permitted gold playing members at PGA West to traverse the Eden Rock site as a shortcut for some of the members traveling to and from the private club house. We have informally honored this convenience when it didn't represent a safety board to the carts. At the time that KSL Resorts owned both the golf courses and the areas designated for residential development, the members who wished 405 In Quinta City Council Members May 1, 2012 Page 2. to use their private golf carts on KSL Resorts property were required to sign an indemnity/liability agreement and provide a copy of their insurance policy naming KSL Resorts as an additional insured. If the Master Association is now asking for a formal agreement to the use of our property for temporary access, we will be need some time to develop conditions of that use, indemnities, and liability insurance coverage. As you also know, we have agreed to provide a path around our site for permanent can passage as part of our development permit.. Carts can also use PGA Boulevard, which has a can path designation. 3. Landscaning. The plans for the perimeter Wall were approved by the City and Master Association. The approved wall color and landscaping plans were approved by the Master Association's representative Monarch Management -Donna Marinaccto (directed by the Master Association. Any additional landscaping and irrigation work will be incorporated in our final development plans and submitted to the Master Association for consideration and worked into the Master Association development agreement. This additional landscaping and irrigation will be a pan of our front entry landscaping theme and overall landscape plan for the project that will respect the present landscaping along PGA Boulevard. . 4. Abt Mannd. The approximately 75M cubic yards of din existed when construction of the perimeter wall began. As such, it is a significant amount of material to be moved. In order to construct the wall our contractor bad to cut away a small portion nearest the street. The remaining pile was left undisturbed. It will receive more dust palliative in order to control the soil from blowing. It is not feasible, nor arc we willing to spend the additional money to move the material before we. start our mass grading. it 406 - La Quinta City Council Members May 1, 2012 Page 3. S. General Conditions. i am unclear on how to respond to this section of the letter. 1 understand that a document which is recorded against the property contains criteria which an owner and a subsequent owner are subject to. 1 am really stymied on what the Master Association wants which would not be addressed in a development agreement? This development agreement with the Master Association neds to be an arm's length negotiated agreement Given the limited limeframe in which I have had to respond to the Hayes letter, I would requesuthal if the City Council is intending on imposing any other the requests that the hearing be postponed. Sincerely, O "'' - . Crown Pointe Partners, and Eden Rock RPW, LLC Wayne C. Rembold, Manager Cc: Monica Amboss, ( Via Email) Chris Berg ( Viia Email) Jennifer Jenkins (Via Email) Todd Keefer ( Via Email) " 407 T4hf 4 4 a" CITY / SA / HA / FA MEETING DATE: June 5, 2012 ITEM TITLE: Public Hearing to Consider an Amendment to the La Quinta General Plan Map and the La Quinta Zoning Map Changing Two Developed Public Properties from Village Commercial to Major Community Facilities. Property Locations: La Quinta Museum, 77885 Avenida Montezuma and the Village Parking Lot, NW Corner of Avenida Montezuma/Bermudas. Applicant: City of La Quinta RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING. Adopt Resolution of the City Council approving General Plan Amendment 2012-124. Take up Ordinance No. _ by number and title only and waive further reading. Introduce for first reading of Ordinance No. for Zone Change 2012-141. FISCAL IMPLICATIONS: None CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: Location The two properties included in these amendments are the La Quinta located 77885 Avenida Montezuma and the Village Public Parking L at the northwest corner of Avenida Montezuma and Avenida Berm Ordinance Exhibit A). Museum property t property located das (General Plan 11 4J8 Plan and Zoning Designations Both (properties are currently designated by the General Plan and the Zoning Ordinance as Village Commercial. The Parking Lot property is surrounded by Village Commercial zoning and the Museum property has Parks and Recreation zoning to the north, Village Commercial zoning to the west and east with Cove Residential zoning to the south. Environmental Consideration The La Quinta Planning Department has determined that the proposed amendments are exempt from further environmental review under the California Environmental Quality Act (CEQA) pursuant to Chapter 2.6, Section 21080 of the Public Resources Code, California Environmental Quality Act Statutes, and Section 15061 (b)(3), Review for Exemptions of the CEQA Guidelines. Gene ral The (purpose of these amendments is to bring the La Quinta General Plan and Zoning land use designations of certain existing public facility sites into consistency with their current and intended future use as sites serving the community's needs. Section 9.70.090 of the Zoning Ordinance identifies Major Community Facilities (MC) zoning for public schools, government offices, fire and police stations, post offices, libraries, community centers, corporate yards, and similar uses. Both of the sites proposed for the General Plan land use amendment and rezoning are developed and functioning as Major Community Facilities but do not have the MC zoning designation. As the La Quinta Museum site and Village parking lot are fully developed and operational, and because the proposed designations are better suited for the existing public facilities, the General Plan Amendment and Zone Change will not have an impact on the surrounding neighborhoods.. Planning Commission Review On May 22, 2012, the La Quinta Planning Commission held a public hearing on the proposed General Plan Amendment and Zone Change. Following discussion on the item lthat included questions regarding the intent of the proposed changes and the proximity to other MC zoned property, in the area (Benjamin Franklin Elementary School), the Commission voted unanimously to recommend the City Council approve the proposed General Plan Amendment and Zone Change. FINDINGS AND ALTERNATIVES: Findings to recommend approval of the General Plan Amendment and Zone Change can be made and are contained in the attached Planning Commission Resolutions. M The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving General Plan Amendment 2012-124, Take up Ordinance No. by number and title only and waiving further reading, and Introduce for first reading Ordinance No. _ for Zone Change 2012-141; or 2. Do not adopt the Resolution nor take up the Ordinance; or 3. Provide staff with alternative direction. submitted, ing Director Approved for submission by: Mark Weiss, Interim City Manager `" 410 RESOLUTION NO. 2012 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 2012-124, AMENDING THE OFFICIAL GENERAL PLAN LAND USE MAP BY CHANGING TWO DEVELOPED PUBLIC PROPERTIES FROM VILLAGE COMMERCIAL TO MAJOR COMMUNITY FACILITIES. PROPERTY LOCATIONS: LA QUINTA MUSEUM, 77885 AVENIDA MONTEZUMA AND THE VILLAGE PARKING LOT, NW CORNER OF AVENIDA MONTEZUMA/BERMUDAS. APPLICANT: CITY OF LA QUINTA CASE NO.: GENERAL PLAN AMENDMENT 2012-124 APPLICANT: CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California, did on the 5" day of June, 2012, hold a duly noticed Public Hearing for a City -initiated request to consider a General Plan Amendment for a change in land use for multiple parcels from Village Commercial to Major Community Facilities, located within the La Quinta Village, more particularly described as: APNs: 773101003, 773078008, 773101002; 773078009,773078023,773101001 WHEREAS, said General Plan Amendment complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63) in that the La Quinta Planning Department has reviewed the Amendment under the provisions of CEQA, and has determined that the Amendment is exempt pursuant to Section 15061(b)(3) of the CEQA Guidelines; and, WHEREAS, the La Quinta Planning Commission, on May 22nd, 2012, held a public hearing and following consideration recommended the City Council approve General Plan Amendment 2012-124; and, WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on May 25, 2012, as prescribed by the Municipal Code; and, WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings for approval of said Amendment: :4 411 Resolution No. 2012 - La Guinta General Plan Map Adopted: June 5, 2012 Page 2 of 4 Finding A The project is consistent with the General Plan The proposed General Plan Amendment is internally consistent with those goals, objectives and policies of the general plan which are not being amended. The purpose of the change in land use designations is to better reflect the existing developed use of each property as a public facility. Finding B Approval of the amendment will not create conditions materially detrimental to the public health, safety and general welfare. Approval of the proposed General Plan Amendment will not create conditions materially detrimental to public health, safety and general welfare in that the proposed change will not result in a substantial change to any existing recreational area, will not result in the loss of existing wildlife habitat, nor will it have an effect on the conditions of the existing surrounding neighborhood due to the fact that all of the subject properties have already been developed as community facilities. The proposed General Plan Amendment will not result in any changed conditions and will therefore have no effect on the health, safety, and welfare of the community or surrounding natural environment. Finding C The new designation is compatible with the land use designations on adjacent properties. The Major Community Facilities designation, combined with the existing development of the properties as a museum and a City controlled public parking lot, provides a low intensity use on each property that has proved to be both low impacting and supportive of the current nearby uses as developed under the adjacent land use designations. Finding D The new land use designation is suitable and appropriate for the subject property. The new land use designations are suitable and appropriate for the subject properties, as they are public facilities utilized for education, public services, and public safety. The properties have been previously developed as community facilities such as a museum and public parking facilities. 412 Resolution No. 2012 — La Quints General Plan Map Adopted: June 5, 2012 Page 3 of 4 Finding E Approval of the amendment is warranted because the situation and the general conditions of the property have substantially changed since the existing designation was imposed. Approval of the new land use designation is warranted because the existing land uses are better suited to a change in designation to Major Community Facilities over their current designations. Finding F The project is in conformance with the California Environmental Quality Act. The City has determined that the project is exempt from the provisions of the California Environmental Quality Act (CEQA) because the public facilities are already constructed and were previously reviewed under CEQA and there is no possibility the proposed Amendment will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case; 2. That the proposed action is exempt from CEQA; 3. That it does hereby approve General Plan Amendment 2012-124 as shown on the attached Exhibit "A"; PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 5th day of June, 2012, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: is 413 Resolution No. 2012 — La Quinta General Plan Map Adopted: June 5, 2012 Page 4 of 4 DON ADOLPH, Mayor City of La Quinta, California ATTEST: Susan Maysels, Interim City Clerk City of La Quinta, California (Seal) APPROVED AS TO FORM: M. Katherine Jenson, City Attorney City of La Quinta, California 4 . 414 N City of La Quints CHANGE FROM VILLAGE 5 s COMMERCIAL TO MAJOR COMMUNITY w GPA 2012-124, ZC 2012-141 FACILITIES 5415 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP BY CHANGING TWO DEVELOPED PUBLIC PROPERTIES FROM VILLAGE COMMERCIAL TO MAJOR COMMUNITY FACILITIES. PROPERTY LOCATIONS: LA QUINTA MUSEUM, 77885 AVENIDA MONTEZUMA AND THE VILLAGE PARKING LOT, NW CORNER OF AVENIDA MONTEZUMA/BERMUDAS. APPLICANT: CITY OF LA QUINTA CASE NO. ZONE CHANGE 2012-141 APPLICANT: CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California, did on the 5T" day of June, 2012, hold a duly noticed Public Hearing for a City -initiated request to consider a Zone Change for multiple parcels from Village Commercial to Major Community Facilities, located within the La Quinta Village, more particularly described as: APNs: 773101003, 773078008, 773101002, 773078009,773078023,773101001 WHEREAS, the Planning Commission of the City of La Quints, California, did on the 22nd day of May, 2012, hold a duly noticed Public Hearing and following consideration recommended the City Council approve ZC 2012-141; NOW THEREFORE the City Council of the City of La Quinta does ordain as follows: SECTION 1. The La Quinta Official Zoning Map is hereby amended by rezoning properties located at 77885 Avenida Montezuma and at the northwest corner of Avenida Montezuma and Avenida Bermudas. The properties for such rezoning are shown and depicted on the map attached hereto as Exhibit "A", and made a part of this Ordinance. SECTION 2. ENVIRONMENTAL. The Zone Change has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the La Quinta Planning Department has reviewed the Zone Change under the provisions of CEQA, and has determined that the Zone Change is exempt pursuant to Section 15061(b)(3) of the CEQA Guidelines. 416 Ordinance No. Zone Change 2012-141 City of La Quinta Adopted: June 5, 2012 Page 2 SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4. POSTING. The City Clerk shall, 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 this City. PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this 5`n day of June 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN DON ADOLPH, Mayor City of La Quinta California ATTEST: Susan Maysels, Interim City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 417 N City of La Quinta CHANGE FROM VILLAGE s COMMERCIAL TO MAJOR COMMUNITY w GPA 2012-124, ZC 2012-141 FACILITIES r A 18 `hmm Concerned Citizens for an Odor Free La Quinta FACT SHEET Conditional Use Permit — Causes for Revocation Capistrano Dispatch May 2011— Dairy & Meat pose health hazard — Hardy quoted Trilogy Board of Directors letter to John Benoit & Riverside County dated 5/4/12 The Desert Sun Letter to the Editor Testimonials from Snowbirds NUISANCE ODORS Presentation to La Quints City Council June 5, 2012 odorsinlq@gmail.com 4 437 Fact Sheet Residents of La Quinta demand our elected officials and the County take immediate action to close or facilitate the relocation of CA Bio-Mass due to continuous violations of AQMD Rule 402 NUISANCE and CPU03221 by emitting nuisance odors, creating health risks, and impacting the enjoyment of life. We currently have a Signed Petition with over 140 signatures and growing daily. CA Bio-Mass is a 40 acre composting facility on leased land at 62nd and Jackson less than 1 mile from a 2,400 person residential community. The CA Bio-Mass facility accepts Green Waste, Wood Waste, Palm Fronds, Food Waste (spoiled meat bones, rotten vegetables, food prep scraps, etc.), Liquid Waste (along with restaurant grease trap waste), Drywall, Manure, and Clean Fill Dirt. A Desert Sun Poll taken in May 2012 entitled "What should be done with CA Bio Mass' received the highest number of responses ever recorded with 643 votes — 86% total in favor of shutting it down or relocating. PUBLIC NUISANCE & GENERAL WELFARE FACT -The nuisance odors are negatively impacting the enjoyment of the lives of thousands of residents of La Quinta and Thermal. FACT - This has been going on for years as evidenced in a letter dated January 20, 2008 from the Harrison family to the County begging them not to renew CBM permit. Yet the Conditional Use Permit was renewed through December 2014. This represents total disregard for citizens who have to endure the noxious odors. FACT - Total number of complaints filed by citizens of Coachella Valley to the EPA, AQMD, CA Bio Mass, posted on the Trilogy Message Board and called & emailed to Riverside County Health and Environmental total well over 100. FACT - Ivan Coachella Odor has also posted complaints strong noxious odors — go to: http.-Ilwww.ivan-coachello.org/ FACT - Michael Hardy, owner of CA Bio-Mass, admits that a composting facility is not for every neighborhood and has publicly admitted that his facility emits odors, "strong odors", which reach the south eastern residential communities. PUBLIC HEALTH & SAFETY FACT - Composting facilities produce bio-aerosols. Exposure to bio-aerosols can result in a wide range of adverse health effects including contagious diseases, acute toxic effects, odorsiniq@gmail.com nausea, allergies and cancer as well as dermatitis. Agitation of the compost (such as turning and screening) produces emissions air particulate matter. Aspergillis fumigatus spore concentrations are higher in vicinity of commercial waste composting sites. (Aspergillus primarily affects the lungs.) Legionnaire's Disease and Valley Fever may also present potential health risks due to the agitation and particulate matter/spores being generated and carried in the wind. There is a sign posted on the CA Bio-Mass gate stating that "chemicals known to cause cancer, birth defects or other reproductive harm may be found in and around this facility." Yet, NO posted numbered on the HazMat signs on property. Why is that? FACT - Quote from Capistrano Dispatch: 'The food scraps don't add much value to the compost Bio-Mass creates from the manure and other waste it composts because it is so high in nitrogen, Hardy said." 'The process of taking those food scraps and turning them into compost takes about 13 weeks. Upon arrival, the waste is chopped up. Again, because of the huge amounts of materials being mixed, Bio-Mass can blend in dairy scraps and meat products —materials backyard composters can't work with because they take so long to break down they can pose a health hazard." FACT —Ammonia is a compound of nitrogen and hydrogen with the formula NH3. It is a colourless gas with a characteristic pungent smell. Ammonia is the predominant gas emission from composting facilities which is prevalent odor being inhaled by local residents. FACT —MINIMAL INSPECTION AND OVERSIGHT —CA Bio-Mass is ONLY inspected monthly by THE County Dept of Environmental Health; many violations cited over the years with the most recent violations being odor and vector on 4-30-12 with what penalty, yet they continue to operate. FACT— It is our understanding that the County Dept of Environmental Health is not paid for with taxpayer funds but with the revenue generated through permitting process. This is rather concerning with respect to Conflict of Interest, and is especially true if CBM is paying significant permit fees while being allowed to be a public nuisance. REVOCATION OF CONDITIONAL USE PERMIT FACT — Conditional Use Permit 03221113, DATED 3/3/09; Section 10. Planning.16 CAUSES FOR REVOCATION provides that if the permitted "is found to be detrimental to the public health, safety or general welfare, or is a public nuisance, this permit shall be subject to the revocation procedures." FACT - AQMD Rule 402 NUISANCE (Adopted 1976) states: "A person shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property." odorsinlq@gmail.com 439 CITIZENS OF LE QUINTA ARE ENTITLED TO AN ODOR FREE AND HEALTH RISK FREE ENVIRONMENT FOR THE ENJOYMENT OF LIFE. WE DEMAND ACTION NOW! HAVE THE REVOCATION PROCEDURES STARTED? IF NOT, WHAT HAVE YOU DONE TO START THEM? IT'S NOT RIGHT! odorsinlq@gmail.com 440 03/03/09 Riverside County LMS 15:45 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT Case #: CUP03221R3 Parcel: 753-110-001 10. GENERAL CONDITIONS 10.PLANNING. 15 USE - VOID RELATED PROJECT Any approval for use of or development on this property that was made pursuant to CUP 3221, Revised Permit No. 2, shall become null and void upon final approval of CUP 3221, Revised Permit No. 3, by the County of Riverside. 10.PLANNING. 16 USE - CAUSES FOR REVOCATION In the event the use hereby permitted under this permit, a) is found to be in violation of the terms and conditions of this permit, b) is found to have been obtained by fraud or perjured testimony, or c) is found to be detrimental to the public health, safety or general welfare, or is a public nuisance, this permit shall be subject to the revocation -- bra urea ---- — -- --- - 10.PLANNING. 17 USE - CEASED OPERATIONS -In ..the event the use hereby permitted ceases operation for a period of ne (1) year or more, this approval shall become null and void. 10.PLANNING. 18 USE - NO USE PRPSED LIMIT The balance or undeveloped (labelled "NOT A PART") portion of the property, APN 753-110-001, shall be designated as "NO USE PROPOSED", and shall require approval of an appropriate land use application prior to utilization.of any additional land uses subject to the requirements of County Ordinance No. 348. 10.PLANNING. 19 USE - SITE MAINTENANCE The project site Shall be kept in good repair. Graffiti shall be removed from any structures within one week of .observation and/or notification. Page: 9 INEFFECT INEFFECT INEFFECT INEFFECT INEFFECT. Litter shall -be promptly picked up and kept under control at all times throughout the entire 76.5 acre net property site. No_raw _material _ sto_raqe_,__compost,._or_finished materials, whether organized in windrows, open piles or by other — ---. -be �ca� c oserthan-4-0--feet from any stre-et right-of-way or property line. 441 MAY 2011 Capistrano Dispatch httgldthep3 p;stranodispatch.comivien'fufl sio11___>8827 4_'a rticl_e_=he_Grgzn-lssug?instance=SJi, home �!Agnml When the scraps leave the restaurants, they are trucked more than 150 miles to Thermal; the home of California Bio-mass, which has permits that allow it create 140,000 tons of compost a year, said Michael J. Hardy, one of "The Hardy Boys" who founded Bio-Mass with `his brother in 1991. The food scraps don't add much value to the compost Bio-Mass creates from the manure and other waste it composts because it is so high in nitrogen Hardy said. But the sheer mass amounts of compost created by Bio- Mass means the food scraps are "like a needle in a haystack" and don't hurt it either. But Bio-Mass charges CR&R to take in the waste, then charges customers —most large agricultural operations —for the compost it creates, too. The process of taking those food scraps and turning them into compost takes about 13 weeks. Upon arrival, the waste is chopped up. Again, because of the huge amounts of materials being mixed, Bio-Mass can blend in dairy scraps and meat products—o„atee r ials backyard co1mlposters can't work with because they take so long to break down they can pose a health hazard. The materials are molded into windrows on the 80-acre Bio-Mass property, and turned by machines. Regulations call for monitoring to ensure the material reaches at least 132 degrees for 15 days to kill off harmful bacteria, Hardy said. Although permitted for 140,000 tons a year, Bio-Mass is doing about 70,000. That's enough to put it in the too half of compost companies in the state, but leaves plenty of room for the food -waste programs to expand. "Our ambition is to keep moving these products forward," Hardy said. For now, it's working without the Vintage Steakhouse in Capistrano. Vintage is one of those that withdrew from the program, said Matthew Timmes, one of the owners. While the Vintage owners figured out how to handle the lime green food recycling bins in the restaurant, the eatery's outside trash bin areas were too crowded. "Space wise, it was a challenge," Timmes said. Read more: The Capistrano Dispatch - The Green Issue it 442 ca<' Trilogy at La Quinta Maintenance Association May 4, 2012 John Benoit Riverside County Supervisor, Fourth District 7i-710 Fred Waring Drive Suite 222 Palm Descrt. CA 92260 Lauric Ilolk Supervising Environmental I Icalth Specialist Department ofFaivirommental Health 47-950 Arabia St.. Suite, A Indio. CA 92201 Dear Mr. Bemril. Trilogy is a Southeastern Community in the City of La Quinta that has approximately 2400 residents. The Trilogy residents have been plagued by odor problems over the past several months that transitioned from intermittent to a nuisance level. You were so kind to attend our Trilogy resident meeting on November 17. 2011 and heard from our residents about the odor problem. In your December "Benoit Bulletin" you indicated you would continue to follow tip on the residents' complaints. As an update. the odor has escalated into a public nuisance. '['his has posed signi ticant air quality and health concerns for our residents. It is believed that the source of the odor primarily emanates from the organic recycling facility, California Bio-Mass, located about a mile from the community. The Board of Directors of Trilogy would like to call upon you and the Department of F.•nvirollmentaI Health to protect the residents, and provide an environmentally sale community. We call upon you to take the appropriate action to mitigate this odor problem. (hank You for your attention to this issue. Respectfully, Spencer Bates President. Board of Directos Trilogy at La Quinta Maintenance Association 1'r•u_fi'cvlanal1r alanrrged BY Acliotr Properw Ahatatemrtu, btc. 60-!50 l) l.nr Qwnw. CA 92253 ,76O, 777-611.59 (MOI564_2474fitr it 443 LxtcrclNu;-rrc7inrtli/e.cnnt wu w.a, lin» lilr. rani THE DESERT SUN http://www. myd ese rt. com/article/20120531/0 PI N 10 NO2/205310306/Letter-Expanded-capacity-ca use Opinion - Letters To The Editor "Neighbors of California Bio-Mass were warned," Desert Sun editorial, May 23. Your editorial did not include all the facts. Stating that Michael Hardy's plant was "here first" is accurate but misleading. Although California Bio-Mass is permitted to accept up to 700 tons per day (21,000 tons per month) of organic waste, prior to 2010 it was only permitted to accept 467 tons per day (14,000 tons per month). That is a 50 percent increase in organic waste per day. The Andalusia and Trilogy communities were in existence in 2002, eight years prior to the County of Riverside approving the 50 percent increase in organic waste. Just because "he is doing good work" is no justification for allowing the foul odors to continue to affect the local area, which has been mostly residential for many years prior to the increased amount of waste being processed. "The Desert Sun encourages the County Department of Environmental Health and the Air Quality Management District to do all it can to find out why the stink has gotten worse." The stink has gotten worse because there has been a 50 percent increase in waste composting at the site since 2010, Frank Marra Jeffrey Merrill • Top commenter Exactly. The homeowners DID buy with the knowledge of this facility nearby, however it was much smaller than it is now and so was the potential for odors. Those who comment that the homeowners are somehow at fault for making a purchase near a composting facility are wrong. With that logic, it could be argued that the composting facility should have known that residential uses were rapidly expanding down valley and shouldn't have located their facility there in the first place. Riverside county should have never allowed an increase in the volume of material brought in AFTER the area had become residential. ,.,U 444 Jim Hodge 60215 Prickly Pear Lane La Quinta, CA Jun 2, 2012 To the La Quinta City Council, My wife and I purchased a home in Trilogy in 2007. We were typical " snowbirds", looking for the ideal spot for us to enjoy the winter months away from the harsh Midwest cold. After many searches of locations in Arizona, the Pacific Northwest, and other locations in California, we found Trilogy, and the wonderful city of La Quinta to be perfect for us. We enjoyed all aspects of our retirement home, until 2011. That is when we began smelling horrific odors, which I believe come directly from the Bio Mass location at 62nd and Jackson. I grew up in Bakersfield California. I know " the smell". Every day I drove to my high school I would pass a composting facility. Once you have " the smell" in your nostrils, you never forget it. It is disgusting. It is vile. When the odors came to Trilogy, I personally tracked them to the Bio Mass facility. There is no question in my mind as to the generation of the persistent odors we now suffer from as residents of Trilogy. There is also no question in my mind that had we experienced those odors when we were looking for a home in La Quinta, we never would have purchased there. My concern now is obviously that with the growth in Bio Mass' production, so goes the growth in odors coming from the location, and so goes the depreciation in my home value. Who would want to buy a home in an area with such disgusting and persistent stink! And, the bigger Bio Mass becomes, the bigger the stink will become. It may be limited to Trilogy and surrounding areas now, but, as it grows, PGA West, Hideaway, and other major La Qunita homesites will be impacted. Who would want live in, and how can we enjoy our beautiful La Quinta surroundings if we can't be outside because of "the smell". Others in the future will obviously feel the same. La Quinta will be negatively impacted. What would life be like if "The Gem of the Desert" becomes "The Stink of the Desert"? I urge the City Council to take action now to work with other agencies to prevent that from happening. Move the facility. Enclose the facility. Do something to stop this encroachment of our wonderful environment! I do support composting. It is a good and necessary thing for all of us. But, as some have said, the fact the they were there first, and that we were warned about "occasional odors" from the facility, is not the answer. So were the American Indians first! But development for the betterment of society, growth In the local economies, and development of acceptable living conditions for residents of all communities should, and have, taken precedent in the past. Your actions on this issue is paramount for the future of La Quinta. 445 To: City Council of La Quinta I am a Canadian snowbird who has bought in Trilogy, first a smaller home and 2 years ago a larger home. I love being in the country and up and until the massive expansion of the permit for CA Bio Mass in late 2011, was totally understanding of the occasional putrid air and smoke from fires at Ca Bio Mass. However, once the permit expansion was allowed, life at Trilogy dramatically changed. The odors became regular and absolutely putrid. The response from management at BioMass when we complained, was to nullify the problem as theirs and blame any alternate source. Trying to work with BioMass to minimize the problem is hopeless. For example on one occasion when the smell was so bad I had to close all my windows, stop the air, and light candles, CA Bio Mass Site Manager Mario Gutierrez said it was from feral dogs peeing in the broccoli fields. This simply is not true nor is it logical. The City Council of La Quinta has to consider the economic benefits of homeowners from all over the US and other parts of the world which bring growth and tourism dollars to the City. La Quinta and Indio have new economic businesses that are tourism based such as the Empire Polo, Coachella Music Festivals, the SilverRock Golf course and new resort, the proposed high end race track, the expanded shopping developments; al of which cannot flourish with the unrelenting stink. I recognize there is a need to compost but the location and practices of a composting operation like BioMass are no longer reasonable given the changes to La Quinta and Indio. BioMass is simply not interested in spending the necessary dollars to create an infrastructure that ends the unrelenting stink. A tourist town with golf courses, upscale restaurants, resorts, communities and schools, within a radius of 5-10 miles of this facility is no longer workable. The Cities of La Quinta and Indio need to decide which option - tourism and communities; or a single compost business makes the best economic sense going forward for their futures. BioMass is on leased land, able to move at reasonable cost and continue its business elsewhere. It is time for the City to make a commitment to its citizens to ensure they breathe clean air, no putrid smells and end the approved Riverside permit to BioMass. As the Concerned Citizens go forward to end BioMass at this location we need to count on Councils' support. Accordingly, we also wish to have a Councillor appointed to work with us on this task. Thank you, Anne Macnab, Kelowna, and Trilogy at La Quinta, B.C. Canada La Quinta, CA, USA iM From: Marilyn Floyd <marilyn@blastdynamics.com> Date: May 10, 2012 2:45:40 PM MDT To: Concerned Citizens <odorsinlq@omail.com> Subject: Petition My name is Marilyn Floyd Address is 61205 Soaptree Drive, La Quinta, CA 92253 Since the summer of 2011 there have been increasing amounts of foul odors emanating from the Biomass Facility on 62nd and Jackson. I have driven from my house to Biomass and tracked the odors to the Biomass location on many occasions so I know that the problem odors that I smell are coming from Biomass. The odors seem to occur a few times a day. I mainly smell them in the morning and again in the afternoon. It smells like a garbage dump when I try to go outside and enjoy my patio. I have been forced inside almost daily when the smells occur. It has gotten to the point where I do not want to have any company come to stay at my house because of the odors. My sister has visited each winter for the past four seasons and this year when she came she immediately asked "What is that smell?" We could not eat outside or enjoy my outdoor living spaces. I also have to keep the windows closed because I never know when the putrid odor will occur. I walk with my dog many miles throughout the community. Many times this winter I have encountered the garbage dump odor when out walking and it is not a pleasant situation to be stuck miles away from your house having to walk back home inhaling putrid odors. I know it is not good for my health! I would like to be able to enjoy the outdoors where I live. That is why I bought a house in California. 447 From: Ron and Eleanor Date: Wed, May 30, 2012 Subject: Respiratory illness/allergic reaction - COMPOSTING — Aspergillus -airborne spores To: Concerned Citizens <odorsinlgggmail.com> Hello, my name is Eleanor Kooper, I have lived at Trilogy for 8 1/2 years. We were aware that we would, once in a while, smell some odors from Ca Bio Mass. It never was of consequence until last October 2011 after we had been away for the summer. Shortly thereafter we became aware of "noxious odors' during morning, afternoon and evening hours, so horrible, we could not be outside. At the same time, I started experiencing allergy symptoms, I had never had any allergy symptoms before. They have become so severe that I am under a doctor's care. I have had a Cat Scan, an MRI and have been to two doctors. I find it not a coincidence that my symptoms coincide with Ca Bio Mass's increase in production and the completion of Shea's homes here at Trilogy. We do not live in a luxury home, but a home that we purchased in a beautiful retirement community, where we hoped to live in a beautiful, and worry free environment. "Houston, we have a Problem." Who knows what we are ingesting, our health our home values are all at risk. While I respect Mr. Hardy's right to own a business here, unfortunately, the urban community development has caught up. With further development slated for this area, it seems that the only answer is for Ca Bio Mass to move its operation. 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S �- 450 6/s/2012 MONTHLY PROJECTION BASED ON FINDINGS s •p �` J ur:u "�.1 1/6/12 4/10/12 �' '^`-+•.e NUISANCE' �'�=��� � �� I � .ODOR• i i _ i�� a •i , i d 4.r [ x e} 4v ,. " • 11 BIOLOGICAL CONNECTION: f F� 2) PSYCHOLOGICAL CONNECTION: -ODOR IS A CHEMICAL IN THE AIR THAT IS "SMELLED"! -HEADACHES, CAUGH, SINUS -INFECTION, NAUSEA -EYE AND THROAT IRRITATION -SHORTNESS OF BREATH -SLEEP DISTURBANCE -ETC. -ANXIETY -DEPRESSION -NEGATIVE PSYCHOLOGICAL REACTIONS -ETC. !FORFSTFIRFS IN NM- ALRUQUERQUE 1011! 1 451 11 IL. %_4117n1N 1 1 V LP% V(Vlly In nri 1 J I VVIVVni IVI)l flLt,(V lrlllv.7 THE FOUNDATION TO SET ASIDE A SMALL PERCENTAGE OF SPACE'S FOR LOCAL AND SPECIFICALLY LA QUINTA ARTIST. SINCE THAT REQUEST NOTHING HAS CHANGED LA QUINTA AND LOCAL ARTIST ARE STILL DISCRIMINATED AGAINST. I HAVE LIVED HERE 15 YEARS AND MADE NUMEROUS ATTEMPT'S ONLY TO TO ENTER INTO MY LOCAL LA QUINTA ART SHOW BE TOLD TRY AGAIN NEXT YEAR, BUT EVERY YEAR I NOT JUST ME ,THERE ARE OTHER ARTIST IN THE COMMUNITY THAT FEEL THE SAME WAY BUT WHO HAVE JUST GIVEN UP APPLYING SAYING IT'S TO POLITICAL AND FIXED. I HAVE TALKED TO PEOPLE WHO WERE IN AT THE BEGINNING OF THIS FESTIVAL AND ALL OF THEM COMMENTED THAT THE ORIGINAL GOAL WAS TO SHOWCASE LOCAL ARTIST AND INCLUDE THEM IN THE FESTIVAL AND COMMUNITY ACTIVITY. WHEN I TRIED TO FIGURE OUT THE JURY SYSTEM AND GET INFORMATION ON HOW MY SUBMISSION WAS BEING SEEN BY JURIES AND POSSIBLE IMPROVEMENTS I MIGHT MAKE PLUS A FEW DISCREPANCY I NOTICED, I WAS REBUFFED AND TOLD TO TALK TO LA QUINTA ARTS FOUNDATION'S ATTORNEY, I STILL HAVE THAT E-MAIL.1 GUESS ASKING THE WRONG QUESTION'S IS VERBOTEN. I RECENTLY RAN INTO SOMEONE FROM RANCHO MIRAGE WHO IS IN THE ART AND FRAMING BUSINESS WE GOT TO TALKING ABOUT LA QUINTA AND THE ARTS FESTIVAL AND HE MADE THE FOLLOWING COMMENTS. HE WAS APPROACHED TO PUT A POSTER ADVERTISING THE LA QUINTA ARTS FESTIVAL THIS YEAR IN HIS WINDOW AND HE DECLINED FOR THE FOLLOWING REASONS. #1 HE FELT THAT THE LA QUINTA ARTS FOUNDATION DID NOT SUPPORT LOCAL ARTIST IN THE MARCH FESTIVAL. #2 HE FELT THAT THE LA QUINTA ARTS FOUNDATION WAS ARROGANT AND OUT OF TOUCH WITH THE COMMUNITY. 4 454 #3 HE DOESN'T GO TO THE FESTIVAL ANYMORE BECAUSE THEY HAVE TO MANY OF THE SAME ARTIST EVERY YEAR AND IT HAS BECOME BORING. THIS IS NOT THE FIRST TIME I HAVE HEARD THESE KIND OF COMMENTS FROM.LOCALS AND I DON'T THINK THIS IS THE KIND OF P.R. THAT THE CITY IS PAYING $150,000 FOR. IT MIGHT BE WORTH MENTIONING THAT LOCAL ARTIST SPEND THE MONEY THEY MAKE IN LOCAL SHOWS IN THE COMMUNITY, WHILE ARTIST OUTSIDE THE REGION SPEND THEIR MONEY IN THEIR COMMUNITIES, PLUS MY TAX DOLLARS ARE GOING INTO HELPING SUPPORT THE LA QUINTA ARTS FOUNDATION, ALTHOUGH I HAVE TO WONDER WHY WHEN THE FOUNDATION SHOWS ASSETS AND FUND BALANCES OF $4,500.000 AND EARNED CLOSE TO $19300.000 LAST YEAR.IN FACT IT SEEM THE BIGGEST EXPENSE FOR THE FOUNDATION IS SALARIES AND EMPLOYEE COMPENSATION CLOSE TO $430,000 WHILE ONLY APPLYING $292000 IN GRANTS. I THINK THE LEAST THE CITY COULD DO REQUIRE THE FOUNDATION TO SET ENOUGH SPOTS ASIDE FOR QUALIFIED LA QUINTAAND VALLEYARTIST. ARTIST WILLIAM CAIN artistcain@aol.com. 455 I Form 990 Return of Organization Exempt From Income Tax Under section 501(c), 527, w4947(a$t) of the Internet Revenue Cade (except black lung benefit trust or private foundation) v�� We rvi sIN i ` ' The orgamzabw may gave to use a mpy of the return to sa fy state reporhrg returemenls Forthe2009catendar year,wtax year lieginning Jul 1 ,2009.and Jun 3( 8 GXcx n aac.ca=ry C Nam a vwastron �Ad*... a.,c etas �t LA QUTNTA ARTS FOUNDATION Pprrrr"r r+xnbr era sweet (a P o bcr n ,tut a..nt eai,vaeC to su¢f aadn nae"vscle E Nax Uurse p tip. �i",ua+mmn .p :c 78150 CALLE TAMPICO 12i5 • , Termwaba:, hemp. Ca, • tv+n tt ew l" 5w. tn' cows . a mwn LA QUINTA CA 92253 G ONSN, lsas ? 2009 to Public Inspection 2010 .wan Numlm Tetra m rol4w (760) 564-1244 11 A";tncamn perms F name a"e w m; or oecv ") 1, in. a 4roup return W amps' I I Yes SCOTT fiILSON 45445 PORTO AVE PALM DESERT CA 92260 a(nl ae as manes xcxidi ya it lW; aLLxhalat (sea ,34,cu^n) t staWs 501 c 3 _Z (rreen no) 4947(a)(I)a 527 � T.OAP-COM �wc)Caao...,rU,on nvm5rr� Op:a,- I L 1 Briefly describe the orgaruzaaon's ,r,.ssion or most sgriheant aetrv4tas PROMOTING AND CULTIVATING_ THE ARTS _ _ a PRO_DU_CI_NG_ NATIONALLY ACCLAIMED VISUAL -AND---PE_R_-ORRIN_G_ _hRT EVENTS_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ FORMING MEANINGFUL PARTNERSHIPS WITHIN THE COMMUNITY_ _ ___ ___--___ PROV_DING CULTURAL, EDUCATION AND PERSONAL GROWTH OUTREACH TO THE COMMUNTTY is ---- o ' 2 Check MIS box it the organ¢abon discontinued is operations or disposed cf more Tian 25% of Its assets Lr 3 Number of voting members of the governing body (Pad VI, line la) 3 9 4 a 4 Number of independent voting members of the gnvemtnc body (Part VI, line lb) 4 9 ' 1 5 Total number of employees (Part V, line 2a) 5 5 6 Total number of volunteers (estimate 4 recessary) 6 75 a Ire Total gross unrelated business revenue from Part "it, (column (C), me 12 7a _ 0 . ' b Net unrelated business taxable income from Form 990-T, line 34_ 76 RECEIVED Prior Year Current Year a 8 Ccntribulions and grants (Part Vlll, line In) 153 336. 150, 065 - 813 191. 99B 066. 9 9 9 Program service revenue (Part VIII, line 2g) I— 10 Investment income (Part At:. column (A), Ii Zmp. '%J;qy7yry)a loin 4� 168 133 _ 143,153. -7 987.. 6,984. _ 11 Other revenue (Pan Vill. column (A), Imes .9d, 8L, 9c. 1G'c, and 11e) to 1 127, 17$ �12 Total revenue -add hoes 8 th;ou^h 11 mu�l c nal-Parl-V111-cd 12 13 Grants and similar amounts paid (Pan IX, lump 42 00 �. 29,000. 14 Bene7ns paid to or for members (Part IX, cctumn (A), line a) __ _ _ 423 632. 428 779. c a 15 Salaries, other compensa-ion. employee bcnehls (Part IX, column (A), lines 5.10) a � 16a Professional tunoralsmg fees (Part IX, column (A). I:ne 11e) b Total fundraising expenses (Pzrt IX, column (G). line 25) w 27,705. 41317 . 440, 957 . 17 Other expenses (Pan IX, column (A), lines I la -rid, llf-240 _ 879,399. 898, 776. 18 Total expenses Add lines 13-17 (roust equal Part Ix, column (A), line 25) 1 247 780. 399 492. 19 Revenue less expenses Subtract line 18 from line 12 et - Beginning of Year End of Year as 20 Total assets (Pan X. line 16) 3,611,622. 4,542,580. 38 937. 37, 763. Z1 Total liabilities (Part X. fine 26) 3,772,685. 4 504 817. a Z2 Net assets or fund balances, Subtract line 21 from line 20 Part 11 Si natureock U'eeer pe^aies r uuNry i eaeettriera t"r,: i nave eramrm I.ms Mur:e, r:cn1_'�,qo arcs. '9 sdeJ::^QFard s•.a:e,�.e a, to ge best of "ry kro„4d� and babel. d n our. amen. a date De,•-. ry of u (am' irran ie g' . :e tassK on all :nr ,T„Iwr a wrann I+as''ar,yi a. eeye Sign 1 /0 /Zg- D Here aaa Date SCOTT W I LSON PreS: ee1-I- at .J C�r.t.rrvtt n _ Tyxapn>mm. ant tea rate Ltwa tl Pnearels "e "9 raenaer Iree mmvctaxe Paid Pre- Poeyan,s Aharrete �- ¢ q ryM • !X Pooy 596 stmla•. i7 09/30/10 pSe F�mts.ua:etor Colleen A. CPA Only Fin ' s)�� a . 1* 382fi0 Dorn Road accx` ZIP.4 ant Cathedral City CA 92234 Pmne"o ' 760202-8756 May the IRS discuss tam return with the prepares shown above' (see mstructwns) a I Yes I I No BAA For Privacy Act and Paperwork Reduction Act Notice, see the separate Instructions. 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