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2012 11 06 CCI f � City Council agendas and staff reports are now available on the City's web page: www.la-Ouinta.org CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 78-495 Calle Tampico, La Quinta REGULAR MEETING on TUESDAY, NOVEMBER 6, 2012 AT 4:00 P.M. Beginning Resolution No. 2012-064 Ordinance No. 505 CALL TO ORDER 1 . ROLL CALL: Councilmembers Evans, Franklin, Henderson, Osborne, Mayor Adolph 2. 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. The City Council values your comments; however in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by GC 54954.2(b)• CONFIRMATION OF AGENDA PRESENTATIONS - NONE WRITTEN COMMUNICATIONS - NONE APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF OCTOBER 16, 2012 CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. 1. APPROVAL OF DEMAND REGISTER DATED NOVEMBER 6, 2012 CITY COUNCIL AGENDA 1 NOVEMBER 6, 2012 2. APPROVAL TO EXCUSE COMMISSIONER ROBERT WRIGHT'S ABSENCE FROM THE OCTOBER 23, 2012 PLANNING COMMISSION MEETING 3. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO. 503 APPROVING ZONE CHANGE 2011-140, A CHANGE OF ZONE FOR A SINGLE PROPERTY FROM MEDIUM DENSITY RESIDENTIAL TO MEDIUM HIGH DENSITY RESIDENTIAL FOR THE LA QUINTA RETIREMENT COMMUNITY 4. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO. 504 APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND CP DEVELOPMENT LA QUINTA, LLC 5. DENIAL OF CLAIM FOR DAMAGES FILED BY NOEL PEREZ; DATE OF LOSS OCTOBER 16, 2012 BUSINESS SESSION 1. CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE NO. 502 AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF LA QUINTA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM 2. CONSIDERATION OF RENAMING PARK AVENUE, NORTH OF AVENUE 50, IN MEMORY OF ANDY WILLIAMS STUDY SESSION - NONE 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 (Cox) 7. C.V. MOUNTAINS CONSERVANCY (FRANKLIN) 8. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 9. IID ENERGY CONSUMERS' ADVISORY COMMITTEE (OSBORNE & BLUM) 10. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (FRANKLIN) 11. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 12. GREATER PALM SPRINGS CONVENTION & VISITORS BUREAU (EVANS) CITY COUNCIL AGENDA 2 NOVEMBER 6, 2012 nn2 13. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (ROBERT TEAL) 14. RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMITTEE (GUNN) 15. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 16. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 17. INVESTMENT ADVISORY BOARD MINUTES DATED SEPTEMBER 12, 2012 1. CITY MANAGER - RESPONSE(S) TO PUBLIC COMMENT 2. CITY ATTORNEY - CALIFORNIA BIO-MASS INC. UPDATE 3. CITY CLERK - JANUARY 2013 CITY COUNCIL MEETING SCHEDULE MAYOR'S AND COUNCIL MEMBER'S ITEMS PUBLIC HEARINGS - NONE RECESS TO THE MEETING OF THE CITY AS SUCCESSOR AGENCY TO THE DISSOLVED LA QUINTA REDEVELOPMENT AGENCY RECONVENE CITY COUNCIL MEETING CLOSED SESSION 1. CONFERENCE WITH CITY. ATTORNEY, ANTICIPATED LITIGATION, INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (TWO MATTERS) 2. CONFERENCE WITH THE CITY'S REAL PROPERTY NEGOTIATOR, FRANK J. SPEVACEK, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED AT DUNE PALMS ROAD AND HIGHWAY 111 (APN 600-020-053). PROPERTY OWNERS/ NEGOTIATORS: DIRECT POINT ADVISORS, INC., MICHAEL HASTINGS . RECESS TO CLOSED SESSION RECONVENE CITY COUNCIL MEETING ADJOURNMENT CITY COUNCIL AGENDA 3 NOVEMBER 6, 2012 The next regular meeting of the City Council will be held on November 20, 2012, commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. at the City Hall Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Susan Maysels, 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 the bulletin boards at 78-630 Highway 1 1 1, and the La Quinta Cove Post Office at 51-321 Avenida Bermudas, on November 2, 2012. DATED: November 1, 2012 &,O-� SUSAN MAYSELS, C y 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 777-7123, 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, arrangements should be made in advance by contacting the City Clerk's office at 777-7123. A one (1) week notice is required. If background material is to be presented to the Planning Commission 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(s) on this agenda will be made available for public inspection at the Planning Department's counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. CITY COUNCIL AGENDA 4 NOVEMBER 6, 2012 ffj / SA / HA / FA MEETING DATE: November 6, 2012 ITEM TITLE: Approval of Demand Register Dated November 6, 2012 RECOMMENDED ACTION: Approve Demand Register Dated November 6, 2012 EXECUTIVE SUMMARY: None. FISCAL IMPACT: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Demand of Cash City $3,337,338.86 Demand of Cash -Successor Agency of RDA $69,884.63 Demand of Cash — HA $0.00 Demand of Cash — HA Comm $0.00 BACKG ROU N DIANALYSIS: Prepaid Warrants: 97470 - 974971 $106,074.67 97498-'97522 } $123,734.04 Voids } $0.00 Wire Transfers} $261,852.74 P/R 36694 — 36699} $194,242.25 P/R Tax Transfers } $52,345.14 Payable Warrants: 97523 - 97616) $2,668,974.65 $3,407,223.49 ALTERNATIVES: None. Respectfully submitted, V[NnA� N71 Robbeyn gird, Finance Director 006 CITY OF LA QUINTA BANK TRANSACTIONS 10/10/12 - 10/23/12 10/12/12 WIRE TRANSFER - ICMA 10/12/12 WIRE TRANSFER - TASC 10/15/12 WIRE TRANSFER - PERS 10/16/12 WIRE TRANSFER - TASC 10/17/12 WIRE TRANSFER - LANDMARK TOTAL WIRE TRANSFER OUT $9,381.16 $142.50 $57,255.08 $1,332.60 $193,741,40 $261,852.74 9, 0 ..vM MI UQ 1 O m e M N r O b N O 1 S O I O b O i-1 Ill n V N m WNW I U f 1 rl N b o b a Z N Oz I OZ rl I WW 1 Mo1 o a w z1 ZZ I 1' 1 ZM I I -I I� Q 1 s a r x rc • rK r r H 101- 1 Z I=WI O 1 QN. 1 00 00 nn OILl 1/1 oobmbVmNVM.I o0o IONVNb.i .INV'IP OOmOm O 1 N. 00 vww Oo MM onN IIIV Mil �t r.+vlfl br o0o MPr PInNNmnNb MObMN U WUI U 1 Uw. 1 oe bbb bb Inns IIIM N�-1 �TNPMmbr .�.Io PemObN N.-Im NM 0 1 Q I cm WW Mvv o0 'I rl n.a ltl rNMIIIM NI/l .I �}.+r .nr �t V.IO.I000NooN vmlll ..+bm Qq I 1 rl rl M N 'Iti Nti r r rNN eM�t .I .1 .+q' n b IIINNN Nit q'N Nato InrmYlb H I r101 N N IZ I WHI CW1 1 21 .+ Oo o N 00 PM�t IIlvbbbnb oo .1 .1 r1ti'1 .n 'I ^I ^I '1 rNNN O oo O III 00 .1000.1 .-1 .1 .10.1 0o OOO0000000 0000 1 1 I 1 1 1 1 1 1 1 1 1 I 11 1 1 1 1 1 1 I I I I 1 1 1 I 1 1 1 1 1 1 b 111 P b Om .I000 o.l .q 'Io^I m'w mmmminmmwwmmW VMVm 1' Ifl Om V III rlP NNNNNNNNNN Om YI III I/l 111 lfl l[I lfl 1f11f1111 VYI V{ll W .IM MMMMMMMM rIPNNN Z Z I W opt o M e�? 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P Mw bb am r.TM bb Mcom NN MM 00 nMw MM PP OwwwMN P Q 1 Z.r 1 N M0 Q NM 00 bbc MM ow N I Qq l n MM �T .•�b M MM NN .+If1n IIIM NN MM b M 1 fLL 1 M n 1 M O I 1 E 1 1 W I C W W 1 1 Z. 1 v i 1 1 1 O c O 00 0 WON M a O Ob P N NNNNN .+ 1 O M O ATV N lr�o O O IIIII MMM M 1 1 1 I m b O bb b MMb M a M %TM M b bbbbb M C 1 M M n ItI Itl 1f1 lT � YI M O %T %T Q M Il1 Ill III W W W Q IL Z 1 N M N .•1 .-1 b w .y .y .1 r-1 .•� .� .-1 �T .i .i .X .y .+ .•� .� Z Z I �1 N �1 M M N -.•MMM 17 N Ill MM N M MMMMM I > > 1 M V M a �t �t III III Q �7 M V 4 III It 2 O 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 O MM b OmM O a Mm a b �T �TV�t �t N Y U 1 o III a m0 O O=a O O a oo O O Oma=O a Z Q I o e o 00 a o0a o O o 0o e o ==a== m N Q 1 M W M nr If1 oor M M M no III n MMMM M Y O O O 00 O 000 O O O 00 O O mamma O M M M M MM M III IIIM M M M MI(l M M MMMMM M C I W 1 r I w M 1 1 W 1 N N N NN N NNN N N N NN N N NNNNN N 1 M M M MM M MMM M M M MM M M MMMMM M O O O 00 O 000 O O O 00 O O mamma O Y 1 N N N NN N NNN N N N NN N N NNNNN N U 1 W 1 \ \ \ \\ \ \\\ \ \ \ \\ \ \ \\\\\ \ W I H 1 M M M MM M MMM M M M MM M M MMMMM M S I Q 1 N N N NN N NNN N N N NN N N NNNNN N U in 1 \ \ \ \\ \ \\\ \ \ \ \\ \ \ \\\\\ \ 1 a O O Om O OOm O O O mo O O mamma O W M M M MM M MMM M M M MM M M MMMMM M J 1 (/I 1 Q Y 1 0 0 1 a •z 1 N 1 z Z I C b P P OM P bbb �1 P �T bb b b N b O I W I N M M N MMM M M NN M M NNMNM M O I SO , b b w bb b IIIIIIN b v b bb III b MMMMM b U UZ 1 O O a aO a 000 O a O Om O O am=a=m=ma O C.I O O O 00 O =O0 O O O 00 O O =OOOO a Q 1 0 O O O 00 O 000 O a O 00 O O mamma O 1 > OL W C N N U Y W Z N J N u o Y w o M 1 W U 6 N N = M 1 1 C Z z f O f Z U U F 1 U W z U J hl I-1 Z I-1 X 1 Z N. 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O r 2 0 1 m o m m b m m m m m b in v Y1 b U r U Z r O e O O O O e O O O a O O O O U r 7 1 O O O O O e e O O O O O O O O Q I p 1 0 0 0 0 O o m m m 0 O O O O O Z w r W U U U M Y J W Y U Q W U > () m W m 94 W J J W W ~ H O M S U 6 J H U Y Z 6 W a a m O K a 2 W If1 r-1 1 K 1 i i m O Z U Z N Z .0w. 1-1 "� m 3 r•1 1-1 ry r O Y- Z a- Q C Q m LL Z N w Z r W Z 1 W W Za Z W "a 1 > 1 Y Y (7 �f Jm r 1 W W Q Z A O 0 rl Q J J h J J m 2 h W M p N •Z .1 as r 1 O fLL r N J Z n m •+ m "� N "'1 \blrM l y' n M M M O o 0 a m NJ N J 1 00 \i W r ZZ 1 p c�Q3 r w 1 WSLLo 1 0 .•1 N M W b R' Q O o 1 .+ '•1 ra ^� 'I 'I '" QtY I Y b b b b b b b a Ur Y Y l U n r n r r n n m m M a 1 2 Z r P P P P P P P MaUm l u r N N N N 021 CITY SA / HA / FA MEETING DATE: November 6, 2012 AGENDA CATEGORY: BUSINESS SESSION: _ ITEM TITLE: Approval to Excuse Commissioner Robert CONSENT CALENDAR: _2- Wright's Absence from the October 23, 2012, Planning Commission Meeting STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Approve a request from Commissioner Robert Wright to be excused from the October 23, 2012, Planning Commission meeting. BACKGROUND/ANALYSIS: Commissioner Wright requested to be excused from the October 23, 2012, Planning Commission meeting (Attachment 1). La Quinta Municipal Code Section 2.06.020(B) allows a member to be absent from two consecutive regular meetings or three scheduled meetings within a fiscal year without causing his/her office to become vacant. A request may be made for Council to excuse an absence after - the -fact, -for extenuating circumstances, and the absence would then not be counted towards the limitation on absences. Commissioner Wright has had no other absences during this fiscal year and staff recommends his absence be excused by Council. ALTERNATIVES: Deny Commissioner Wright's request to be excused. Denial of the request would result in the absence being counted towards his limitation on absences as noted above. 0, .9 submitted, Planning Director Attachment: 1. Request from Commissioner Wright 023 ATTACHMENT 1 From: Carolyn Walker Sent: Thursday, October 11, 2012 4:24 PM To: Carolyn Walker Subject: FW: Robert Wright - PC Mtg 10/23/12 From: Bob Wright jmailto•bobwrighliglants(cbverizon netj Sent: Thursday, October 11, 2012 1:39 PM . To: Carolyn Walker Subject: Re: Robert Wright - PC Mtg 10/23/12 Dear Carolyn, Due to a conflict, I will not be able to attend the October 23rd Planning Commission Meeting. Regards, Bob Wright DTF, INC PHONE/FAX 760-772-1838 CELL 760-408-7488 n24 c&t!t 4 4 Q" IT SA / HA / FA MEETING DATE: November 6, 2012 ITEM TITLE: Approval of Second Reading and Adoption of Ordinance No. 503 Approving Zone Change 2011-140, a Change of Zone for a Single Property from Medium Density Residential to Medium High Density Residential for The La Quinta Retirement Con uiu Unity. RECOMMENDED ACTION: Adopt Ordinance No. 503 on second reading. EXECUTIVE SUMMARY: AGENDA CATEGORY: BUSINESS SESSION: 2 CONSENT CALENDAR: 3 STUDY SESSION; PUBLIC HEARING: The proposed La Quinta Retirement Community is located within the Centre Pointe commercial development. The two-phase development consists of a 123,000 square foot congregate care facility and four independent living duplex cottage units (total 8 units) in the first phase, and a 77,000 square foot assisted living facility/memory care facility in the second phase. FISCAL IMPACT: None BACKGROUND/ANALYSIS: On October 16, 2012, the City Council moved to take up Ordinance No. 503 on first reading. The City Council further moved to introduce Ordinance No. 503 on first reading. Both motions were unanimously approved. COMMISSIONS/BOARD/COMMITTEE RECOMMENDATIONS: On September 13, 2012, the Architectural and Landscaping Review Committee reviewed these sites, architectural and landscape plans and unanimously recommended to the Planning Commission approval of the site development permit. On September 25, 2012, the Planning Commission reviewed the proposed project and unanimously recommended the City Council approval of all applications for the La Quinta Retirement Community. i i oJ� ENVIRONMENTAL REVIEW: The La Quinta Planning Department has prepared Environmental Assessment 2011- 617 for this project, in compliance with the requirements of the California Environmental Quality Act (CEQA). The Planning Director has determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent and mitigation measures have been incorporated. Therefore, the Planning Director is recommending that a Mitigated Negative Declaration of environmental impact and associated Mitigation Monitoring Program be adopted. ALTERNATIVES: The alternatives for City Council consideration entail not approving the actions required to approve the La Quinta Retirement Community or to refer this project back to the Planning Commission for further consideration of specific items identified by the City Council. Respectfully submitted, Susan Maysels, City tlerk ORDINANCE NO. 503 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING ZONE CHANGE 2011-140, A CHANGE OF ZONE FOR A SINGLE PROPERTY FROM MEDIUM DENSITY RESIDENTIAL TO MEDIUM HIGH DENSITY RESIDENTIAL FOR THE LA QUINTA RETIREMENT COMMUNITY CASE: ZONE CHANGE 2011-140 APPLICANT: LENITY GROUP, LLC WHEREAS, the City Council of the City of La Quinta, California did, on the 16" day of October, 2012, hold a duly noticed public hearing to consider a request by Lenity Group, LLC to consider a change in zoning from Medium Density Residential to Medium High Density Residential, generally located on Seeley Drive, East of Washington Street, South of Miles Avenue, more particularly described as: APN: 604-630-027 WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 25" day of September, 2012, hold a duly noticed Public Hearing to consider a recommendation on said Zone Change, and after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 2012-022, recommending to the City Council approval of Zone Change 2011-140; and, WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on September 14, 2012 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings, recommending approval of said Zone Change: Finding A The project is consistent with the General Plan. The proposed Zone Change 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 bring the appropriate land use designations into conformance with the proposed project. Ordinance No. 503 Zone Change 2011-140 Lenity Group, LLC / La Quinta Retirement Community Adopted: November _, 2012 Page 2 Finding B Approval of the amendment will not create conditions materially detrimental to the public health, safety and general welfare. Approval of the proposed Zone Change 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 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. The proposed Zone Change 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 Zone Change will bring the property into conformance with the proposed project and will have no effect on adjacent existing land uses because the proposed residential/congregate care use is compatible with the surrounding existing single- family homes, medical center, and hotel. Finding D The new land use designation is suitable and appropriate for the subject property. The new zoning designation is suitable and appropriate for the subject property, in that it will allow expansion of the proposed use for residential/congregate care uses. 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 zoning designation is warranted because the density of the proposed community, 10 dwelling units per acre, requires the Medium High Density Residential zoning designation, with a maximum density of 12 dwelling units per acre. ..i6., 028 Ordinance No. 503 Zone Change 2011-140 Lenity Group, LLC / La Quints Retirement Community Adopted: November —, 2012 Page 3 NOW, THEREFORE, the City Council of the City of La Quinta, California does ordain as follows: SECTION 1 The La Quinta Official Zoning Map is hereby amended by rezoning the property described as APN: 604-630-027 from Medium Density Residential to Medium High. Density Residential. 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 La Quinta Planning Department has prepared Environmental Assessment 2011- 617 for this project, in compliance with the requirements of the California Environmental Quality Act (CEQA). The Planning Director has determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent and mitigation measures have been incorporated. Therefore, the Planning Director recommended that a Mitigated Negative Declaration of environmental impact and associated Mitigation Monitoring Program be adopted and the City Council did adopt said Mitigated Negative Declaration and Mitigation Monitoring Program prior to this action. 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 on this _ day of November 2012, by the following vote to wit: AYES: NOES: ABSENT: Ordinance No. 503 Zone Change 2011-140 Lenity Group, LLC / La Quinta Retirement Community Adopted: November _, 2012 Page 4 ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: Susan Maysels, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. Katherine Jenson, City Attorney City of La Quinta, California 030 Ordinance No. 503 Zone Change 2011-140 Lenity Group, LLC / La Quinta Retirement Community Adopted: November_, 2012 Page 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA 1 I, SUSAN MAYSELS, 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. 501 which was introduced at a regular meeting on the 2nd day of October, 2012, and was adopted at a regular meeting held on the 161" day of October, 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, City Clerk City of La Quinta, California ' DECLARATION OF POSTING I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on October _, 2012 pursuant to Council Resolution. SUSAN MAYSELS, City Clerk City of La Quinta, California 031 N E` City of La Quinta Change from Medium Density Density Residential to v r Zone Change 2011-140 Medium High Density Residential Y 032 C&4r^F44WOJ 'IMSA / HA / FA MEETING DATE: November 6, 2012 AGENDA CATEGORY: ITEM TITLE: Approval of Second Reading and BUSINESS SESSION: Adoption of Ordinance No. 504 Approving an CONSENT CALENDAR: Amendment to a Development Agreement by and STUDY SESSION: between the City of La Quinta and CP Development — La Quinta, LLC. PUBLIC HEARING: RECOMMENDED ACTION: Adopt Ordinance No. 504 on second reading. EXECUTIVE SUMMARY: The proposed La Quinta Retirement Community is located within the Centre Pointe commercial development. The two-phase development consists of a 123,000 square foot congregate care facility and four independent living duplex cottage units (total 8 units) in the first phase, and a 77,000 square foot assisted living facility/memory care facility in the second phase. FISCAL IMPACT: PrM12 BACKGROUND/ANALYSIS: On October 16, 2012, the City Council moved to take up Ordinance No. 504 on first reading. The City Council further moved to introduce Ordinance No. 504 on first reading. Both motions were unanimously approved. Subsequent to these actions, minor clerical revisions were made to Ordinance No. 504 by the City Attorney. Attachment 1 is a red -lined version of the ordinance showing the minor changes made to correct the clerical errors and omissions. On September 13, 2012, the Architectural and Landscaping Review Committee reviewed these sites, architectural and landscape plans and unanimously recommended to the Planning Commission approval of the site development permit. L,30' On September 25, 2012, the Planning Commission reviewed the proposed project and unanimously recommended the City Council approval of all applications for the La Quinta Retirement Community. ENVIRONMENTAL REVIEW: The La Quinta Planning Department has prepared Environmental Assessment 2011- 617 for this project, in compliance with the requirements of the California Environmental Quality Act (CEQA). The Planning Director has determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent and mitigation measures have been incorporated. Therefore, the Planning Director is recommending that a Mitigated Negative Declaration of environmental impact and associated Mitigation Monitoring Program be adopted. ALTERNATIVES: The alternatives for City Council consideration entail not approving the actions required to approve the La Quinta Retirement Community or to refer this project back to the Planning Commission for further consideration of specific items identified by the City Council. Respectfully submitted, I Susan Maysels, City Clerk Attachment: 1. Ordinance No. 504, Red -Lined Version 034. ATTACHMENT 1 RED -LINED VERSION ORDINANCE NO. 504 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND CP DEVELOPMENT LA QUINTA, LLC. CASE: DEVELOPMENT AGREEMENT 2003-006, AMENDMENT NO.4 WHEREAS, California Government Code Section 65864 et seq. (the "Development Agreement Law") authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning, and identifying the economic costs of such development; and WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 25t' day of September, 2012, hold a duly noticed Public Hearing to consider a recommendation on said an amendment to a Development Agreement, and after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 2012-020, recommending to the City Council approval of Development Agreement 2003-006 Amendment 4; and, WHEREAS, the City Council of the City of La Quinta, California did, on the 16th day of October, 2012, hold a duly noticed Public Hearing to consider an amendment to a Development Agreement by and among the City of La Quinta and CP Development La Quinta, LLC for property located at the southeast corner of Washington Street and Miles Avenue, with said amendment to be executed by La Quinta Residence Limited Partnership, an assignee of CP Development La Quinta, LLC; and WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on October 5, 2012 as prescribed by the Municipal Code regarding this proposal. Public hearing notices were also mailed to all property owners within 500 feet of the project site; and, n35 WHEREAS, at said City Council Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings to justify approving an amendment to the Development Agreement, : 1. The proposed Development Agreement Amendment (Exhibit A) is internally consistent with the goals, objectives, and policies of the General Plan and Specific Plan 2001-055, Amend eRt 1, in that it will result in promoting residential development in a controlled and logical manner that is compatible with the neighborhood. 2. The land uses authorized and regulations prescribed for the Development Agreement Amendment are compatible with the zoning and its related regulations applicable to the property. 3. The proposed Development Agreement Amendment conforms with the public convenience and general welfare by providing for extensive public improvements and conforms to good land use practice by encouraging a long-range comprehensive approach to development of the site. 4. Approval of this Development Agreement Amendment will not be detrimental to the health, safety and general welfare since adequate provisions have been made in previous City approvals to provide for necessary and desirable improvements which are incorporated herein. 5. Approval of this Development Agreement Amendment will not adversely affect the orderly development of the subject or surrounding properties nor preservation of area -wide property values, but rather will enhance them by encouraging planned -phased growth. 6. Consideration of this Development Agreement Amendment has been accomplished pursuant to California Government Code Section 65864 et seq. and the City of La Quinta Municipal Code Section 9.250.030, which governs Development Agreements. WHEREAS, all actions required to be taken by the City precedent to the adoption of this Ordinance have been regularly and duly taken. NOW, THEREFORE, the City Council of the City of La Quinta, California does ordain as follows: SECTION 1. APPROVAL. The City Council hereby approves and adopts the amended Development Agreement Amendment in the form presented to the City Council concurrent with the approval and adoption of, this Ordinance, and 36 authorizes and directs the City Manager to sign the Development Agreement Amendment on behalf of the City, and the City Clerk to record the Development Agreement Amendment in the Official Records of Riverside County in accordance with applicable law. SECTION 2. ENVIRONMENTAL. The La Quinta Planning Department has prepared Environmental Assessment 2011-617 for this project, in compliance with the requirements of the California Environmental Quality Act (CEQA). The Planning Director has determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent and mitigation measures have been incorporated. Therefore, the Planning Director recommended that a Mitigated Negative Declaration of environmental impact and associated Mitigation Monitoring Program be adopted and the City Council did adopt said Mitigated Negative Declaration and Mitigation Monitoring Program prior to this action; and, SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4. POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this _ day of November 2012, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: Susan Maysels, City Clerk City of La Quinta, California 37 ORDINANCE NO. 504 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND CP DEVELOPMENT LA QUINTA, LLC. CASE: DEVELOPMENT AGREEMENT 2003-006, AMENDMENT NO.4 WHEREAS, California Government Code Section 65864 et seq. (the "Development Agreement Law") authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning, and identifying the economic costs of such development; and WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 251" day of September, 2012, hold a duly noticed Public Hearing to consider a recommendation on an amendment to a Development Agreement, and after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 2012-020, recommending to the City Council approval of Development Agreement 2003-006 Amendment 4; and, WHEREAS, the City Council of the City of La Quinta, California did, on the 16th day of October, 2012, hold a duly noticed Public Hearing to consider an amendment to a Development Agreement by and among the City of La Quinta and CP Development La Quinta, LLC for property located at the southeast corner of Washington Street and Miles Avenue, with said amendment to be executed by La Quinta Residence Limited Partnership, an assignee of CP Development La Quinta, LLC; and WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on October 5, 2012 as prescribed by the Municipal Code regarding this proposal. Public hearing notices were also mailed to all property owners within 500 feet of the project site; and, WHEREAS, at said City Council Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings to justify approving an amendment to the Development Agreement: 038 Ordinance No. 504 Development Agreement 2003-006, Amendment No.4 CP Development La Quinta, LLC f La Quinta Residence Limited Partnership Adopted: November6, 2012 Page 2 1. The proposed Development Agreement Amendment (Exhibit A) is internally consistent with the goals, objectives, and policies of the General Plan and Specific Plan 2001-055, in that it will result in promoting residential development in a controlled and logical manner that is compatible with the neighborhood. 2. The land uses authorized and regulations prescribed for the Development Agreement Amendment are compatible with the zoning and its related regulations applicable to the property. 3. The proposed Development Agreement Amendment conforms with the public convenience and general welfare by providing for extensive public improvements and conforms to good land use practice by encouraging a long-range comprehensive approach to development of the site. 4. Approval of this Development Agreement Amendment will not be detrimental to the health, safety and general welfare since adequate provisions have been made in previous City approvals to provide for necessary and desirable improvements which are incorporated herein. 5. Approval of this Development Agreement Amendment will not adversely affect the orderly development of the subject or surrounding properties nor preservation of area -wide property values, but rather will enhance them by encouraging planned -phased growth. 6. Consideration of this Development Agreement Amendment has been accomplished pursuant to California Government Code Section 65864 et seq. and the City of La Quinta Municipal Code Section 9.250.030, which governs Development Agreements. WHEREAS, all actions required to be taken by the City precedent to the adoption of this Ordinance have been regularly and duly taken. NOW, THEREFORE, the City Council of the City of La Quinta, California does ordain as follows: SECTION 1. APPROVAL. The City Council hereby approves and adopts the Development Agreement Amendment in the form presented to the City Council concurrent with the approval and adoption of this Ordinance, and authorizes and directs the City Manager to sign the Development Agreement Amendment on J 3 9 Ordinance No. 504 Development Agreement 2003-006, Amendment No.4, CP Development La Quints, LLC / La Quints Residence Limited Partnership Adopted: November6, 2012 Page 3 behalf of the City, and the City Clerk to record the Development Agreement Amendment in the Official Records of Riverside County In accordance with applicable law. SECTION 2. ENVIRONMENTAL. The La Quinta Planning Department has prepared Environmental Assessment 2011-617 for this project; in compliance with the requirements of the California Environmental Quality Act (CEQA). The Planning Director has determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent and mitigation measures have been incorporated. Therefore, the Planning Director recommended that a Mitigated Negative Declaration of environmental impact and associated Mitigation Monitoring Program be adopted and the City Council did adopt said Mitigated Negative Declaration and Mitigation Monitoring Program prior to this action; and, SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4. POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this _ day of November 2012, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ,,40 Ordinance No. 504 Development Agreement 2003-006, Amendment No.4 CP Development La Quints, LLC / La Quinta Residence Limited Partnership Adopted: November6, 2012 Page 4 ATTEST: Susan Maysels, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. Katherine Jenson, City Attorney City of La Quinta, California 141 Ordinance No. 504 Development Agreement 2003-006, Amendment No.4 CP Development La Quints, LLC / La Quinta Residence Limited Partnership Adopted: November6, 2012 Page 5 STATE OF CALIFORNIA ► COUNTY OF RIVERSIDE ) CITY OF LA QUINTA ) I, SUSAN MAYSELS, 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. 504 that was introduced at a regular meeting on the 161" day of October, 2012, and was adopted at a regular meeting held on the _ day of November 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 98-109. SUSAN MAYSELS, City Clerk City of La Quinta, California DECLARATION OF POSTING I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on November _, 2012, pursuant to City Council Resolution. SUSAN MAYSELS, City Clerk City of La Quinta, California 42 EXHIBIT A RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quints, P.O.. Box 1504 La Quinta, CA 92247 Spam Above 17ds Line for Recorder's Use (Exempt from Recording Fee per Gov't Code § 27383) AMENDMENT NO. 4 TO DEVELOPMENT AGREEMENT This AMENDMENT NO.4 TO DEVELOPMENT AGREEMENT ("Amendment No. 4") is made and entered into as of 2012 ("Effective Date") by and between the CITY OF LA QUINTA, a California municipal corporation and charter city organized and existing under the Constitution of the State of California (the "City'), and LA QUINTA RETIREMENT RESIDENCE LIMITED PARTNERSHIP, a Washington limited liability company ("Developer"). RECITALS: A. On or about December 18, 2003, the former La Quints, Redevelopment Agency ("Agency') and CP Development La Quints, LLC, a California limited liability company (the "Original Developer"), .entered into that certain Disposition and Development Agreement (the "Original DDA"), pursuant to which the Agency sold to the Original Developer that certain real property located southeast of the Miles Avenue and Washington Street intersection in the City`of La Quinta, California 92253 (the "Site"), and the Original Developer agreed to construct, complete; and operate thereon a commercial project containing a medical offieelsurgical facility, a development containing sanctuary villas, a mid -price suites hotel, a resort -style condominium/casitas development, two (2) sit-down restaurants, and two (2) single-family residential developments, with forty (40) of the single-family homes restricted for sale to income -eligible buyers at restricted sales prices (collectively, the "Original Project'). B. The Original DDA has been amended on six (6) occasions, on or about October 28, 2004, on or about December 7, 2004, on or about November 2, 2005, on or about October 20, 2006, on or about August 23, 2007, and on or about March 191 2008 (collectively, the "Prior DDA Amendments"). The Original DDA, as amended by the Prior DDA Amendments, is hereinafter referred to as the "DDA," and the Original Project, as amended by the Prior DDA Amendments, is hereinafter referred to as the "Project." C. Concurrently with the execution of the Original DDA, the City and the Original Developer entered into that certain Development Agreement dated December 18, 2003, and recorded against the Site on January 5, 2004, as Instrument No. 2004-0005256, in the Official Records of the County of Riverside, (the "Official Records"), for among other purposes, B82/015610.0061 3Ii7303.2 a092In2 0.43 identifying the terms, conditions, and regulations for the construction of the Original Project (the "Original Development Agreement"). D. City and the Original Developer have previously amended the Original Development Agreement on three (3) occasions for purposes of modifying the Original Development Agreement consistent with the Prior DDA Amendments, as follows: (i) on or about October 28, 2004, City and the Original Developer entered into that certain Amendment No. 1 to Development Agreement, which was recorded in the Official Records on November 8, 2004, as Instrument No. 2004-0885063, (ii) on or about November 17, 2005, City and the Original Developer entered into that certain Amendment No. 2 to Development Agreement, which was recorded in the Official Records on December 19, 2005, as Instrument No. 2005-1045418, and (iii) on or about May 6, 2008, City and the Original Developer entered into that certain Amendment No. 3 to Development Agreement, which was recorded in the Official Records on June 4, 2008, as Instrument No. 2008-0303530 (collectively, the "Prior Development Agreement Amendments"). The Original Development Agreement, as amended by the Prior Development Agreement Amendments, is hereinafter referred to as the "Development Agreement. E. On or about April 4, 2005, Parcel Map No. 31116, in the City of La Quinta, was filed in the Official Records of the County of Riverside in Book 212 of Parcel Maps at pages 60- 66, inclusive (the "Parcel Map'. The Parcel Map created legal parcels within the Site, including but not limited to "Parcel 8," which was originally designated for development of a sixty (60) unit single family residential development, and "Parcel 6" and "Parcel 7," which were originally intended, for development of medical office buildings. Pursuant to Lot Line Adjustment No. 2006-452, processed through the City by the Original Developer, said "Parcel 6, "Parcel 7," and "Parcel 8" were merged into "Parcel A" and "Parcel B." F. On or about July 1, 2011, CP sold and Developer purchased "Parcel B" for the purpose. of Developer's construction thereon of (i) a one hundred thirty-two (132) suite retirement community, (ii) four (4) single story duplex cottages, (iii) a seventy-two (72) suite assisted living community, and (iv) a thirty-two (32) bed memory care facility (collectively, the "Senior Living Facility"). "ParcelB" is legally described in Exhibit "A", which is attached hereto and incorporated herein by this reference. G. On June 28, 2011, the Governor signed Assembly Bill 26 ("ABxl 26") and companion bill Assembly Bill 27 ("ABxl 27") from the 2011-12 First Extraordinary Session of the California Legislature. ABxl 26 immediately suspended all redevelopment agency activities, except continued performance of "enforceable obligations," and set forth a process to dissolve redevelopment agencies and end redevelopment in California. ABx1 27 provided a "voluntary alternative redevelopment program," which would have allowed redevelopment agencies to remain in existence and continue redevelopment, if remittance payments were made to cover the State of California's budget shortfall for fiscal year 2011-12 and were made in subsequent fiscal years to cover State costs. A lawsuit was filed, challenging the constitutionality of both ABxl 26 and ABxl 27. The California Supreme Court upheld the constitutionality of ABxl 26, revising the effective dates of certain provisions, and struck down as unconstitutional ABxl 27. (California Redevelopment Assn. v. Matosantos (20I1) 53 Cal. 4a' 231("CRA Case'l. ABx1 26 is chapter 5, Statutes 2011, First Extraordinary Session, which added Part 1.8 (suspension provisions) and Part 1.85 (dissolution provisions) of Division 24 of the Health and Safety Code. azros61aoai 312nol2.own11: -2- ''44 Under the CR,4 Case, all redevelopment agencies dissolved February 1, 2012. Pursuant to Health and Safety Code section 341710), added by Part 1.85 of Division 24, and City Council Resolution No. 2012-002, the City is the "successor agency" to the former Agency. H. On June 27, 2012, the Governor signed. Assembly Bill 1484 from the 2011-2012 Regular Session of the California Legislature j"AB 1484"), which established that successor agencies are separate legal entities from the entities that provide for their governance. As a _ result of AB 1484, the successor agency to the former Agency is now formally the "City as Successor Agency to the La Quinta Redevelopment Agency" (the "Successor Agency"). L Concurrently herewith, Developer has submitted and the City has processed, an amendment to the Center Point Specific Plan, also known as Specific Plan No. SP2001-055, as previously amended (the "Specific Plan"), to modify the uses permitted on certain portions of the Site (the "2011 Specific Plan Amendment"), and (ii) the Developer has submitted to the Successor Agency, for approval, that certain Amendment No. 7 to Disposition and Development Agreement ("Amendment No. 7 to DDA") to modify the residential component of the Project to provide for the development of the Senior Living Facility. J. The City and Developer now desire to amend the Development Agreement to modify the description of the Project and certain obligations of the Developer set forth therein. The Parties contemplate that, concurrently with the City Con cil's consideration of this Amendment No. 4, (i) the City Council will consider the 2011 Specific Plan Amendment, and (ii) the Successor Agency will consider Amendment No. 7 to DDA. K. The City Council has determined that this Amendment No. 4 is consistent with the City's General Plan and the Specific Plan, as amended by the 2011 Specific Plan Amendment, including the goals and objectives thereof. L. All actions taken by City have been duly taken in accordance with all applicable legal requirements, including the California Environmental Quality Act (Public Resources Code Section 21000, . et seq.) ("CEQA" ), and all other requirements for notice, public hearings, findings, votes and other procedural matters. M. On 2012, the City Council adopted its Ordinance No. approving this Amendment No. 4. Unless otherwise specified herein, all capitalized terms in this Amendment No. 4 shall have the meaning ascribed in the Development Agreement. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by this reference, and for valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The Development Agreement is hereby amended as follows: 3127303.2 a"21112 1.1 To replace Section 3.1(C) with the following:. -3- 045 (C) a retirement living facility ("Senior Living Facility'), to be constructed on Parcel B of Lot Line Adjustment No. 2006-452 in the City of La Quints; with (i) a 132-suite retirement community; and (ii) foursingle-story duplex cottages; and (iii) a 72-suite assisted living community, and (iv) a 32-bed memory care facility; 2. This Amendment No. 4 shall .not be effective unless and until (i) the Successor Agency has approved Amendment No. 7 to DDA, and the Successor Agency and Developer have executed Amendment No. 7 to DDA, and (ii) Developer and the Original Developer have executed an assignment and assumption agreement, in a form approved by the City Attorney, pursuant to which the Original Developer assigns to the Developer and the Developer assumes from the Original Developer all of the Original Developer's rights and obligations under the DA with respect to Parcel B and the Senior Living Facility. 3. Except as otherwise expressly provided in this Amendment No. 4, all of the terms and conditions of the Development Agreement shall remain in full force and effect. 4. In the event of any action between City and Developer seeking enforcement of any of the terms and conditions to this Amendment No. 4, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including without limitation its expert witness fees and reasonable attorney's fees. 5. This Amendment No. 4 shall be construed according to its fair meaning and as if prepared by both parties hereto. 6. This Amendment No. 4 shall be governed by the internal laws of the State of California and any question arising hereunder shall be construed or determined according to such law. The Superior Court of the State of California in and for the County of Riverside, or such other appropriate court in such county, shall have exclusive jurisdiction of any litigation between the parties concerning this. Amendment No. 4. Service of process on City shall be made in accordance with California law. Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside California. 7. Time is of the essence of this Amendment No. 4 and of each and every term and provision hereof. 8. A waiver of a provision hereof; or modification of any provision herein contained, shall be effective only if said waiver or modification is in writing, and signed by both City and Developer. No waiver of any breach or default by any party hereto shall be considered to be a waiver of any breach or default unless expressly provided herein or in the waiver. 9.. Signatures of the patties transmitted by facsimile shall be deemed binding. However, each party agrees to submit their original signature to the other party within five (5) business days;after execution hereof. MA15610-0061 3127303.2 a00/l1/12 -4- n46 10. This Amendment No. 4 may be executed in counterparts, each of which, when this Amendment No. 4 has been signed by all the parties hereto, shall be deemed an. original, and such counterparts shall constitute one and the same instrument. I1. The person(s) executing this Amendment No. 4 on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing„ (ii) they are duly authorized to execute and deliver this Amendment No. 4 on behalf of said party, (iii) by so executing this Amendment No. 4 such party is formally bound to the provisions of this Amendment No. 4, and (iv) the entering into this. Amendment No. 4 does not violate any provision of any other agreement to which such -party is bound. [Signatures on next page] e82N16ilOM61 3127303/ AM1/12 i147 IN WITNESS WHEREOF, City and Developer each hereby represents that it has read this Amendment No. 4, understands it, and hereby executes this Amendment No. 4 to be effective as of the day and year first written above. "Developer" LA QUINTA RETIREMENT RESIDENCE LIMITED PARTNERSHIP, a Washington limited partnership By: La Quints GP LLC, a Washington limited liability company Its: General Partner By: Hawthorn Management Services Corp., a Washington oration �f� us:� Date: Q(�� �s� , 2012 By: Barton G. Colson Its: President "City„ CITY OF LA QUINTA, a California municipal corporation and charter city organized and existing under the Constitution of the State of California Date:_ 2012 By: Frank J. Spevacek, City Manager ATTEST: Susan Maysels, City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP By: M. Katherine Jenson, City Attorney eamssiaoosi - 3127M2.M,/12 048 State of a 44 } County of3tiwitte } On jQkA 1"f tip/Z before me, Kb' ;n R- 6,9,xs (hlsen name and title of the officer) - Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the personX whose namo is/are subscribed to the within -instrument and acknowledged to me that he"ekhey executed the same in his/liezWleir authorized capacity(ies), and that by hisihw4heir signaturees) on the instrument the perso�W, or the entity upon behalf of which the personpKded, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official Signature_ State of California ) County of Riverside ) ISE C N 015 On before me, Notary Public, personally appeared 00senro a and title of the officer) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is tare subscribed to the within instrument and acknowledged to me that heJshe/they executed the same in his/herAheir authorized.capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 882NI5610-0061 31273031*MI/12 _7- (Seal) 049 EXHIBIT `°A" LEGAL DESCRIPTION OF PARCEL B Real PrOPMly In the Oty of La QLAnta, County of Riverside, State of Cali"a, described as . blows: PARCEL B AS SHOWN ON LOT LINE ADJUSTMENT N0. 2005-452 AS EVIDENCED BY "' MENT RECORDED APRIL 1912006 AS INSTRUMENT N0. 2W6-028D726 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; IN THE CITY OF LA QUANTA, COUNTY OF RIVERSIDE, STATE OF CAUFORNLA, PARCEL B TOGETHER WITH THAT PORTION OF PARCEL 7 OF PARCEL MAP NO. 31116, AS SHOWN BY MAP ON FILE IN BOOK 212, AT PAGES 60 THROUGH 66, INCLUSIVE, OF PARCEL MAPS, RIVERSIDE COUNTY RECORDS, BEING IN THE SOUTH HALF OF SECTION 19, TOWN gp 5 SOUTH, RANGE 7 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 8, THENCE ALONG THE SOUTHEASTERLY, EASTERLY AND NORTHERLY BOUNDARY LINES OF SAID PARCEL 8 THROUGH THE FOLLOWING FIVE (5) COURSES: (1) NORTH 43° 56' 44" EAST, A DISTANCE OF M65 FEET, (2) THENCE NORTH OD* 121 13" WEST, A DISTANCE OF 790.73 FEET, (3) THENCE SOUTH Or 47 471t WEST, A DISTANCE OF 239.56 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING.A RADIUS OF SMOG FEET, (4) THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 450 27141, AN ARC DISTANCE OF 63.48 FEET; (5) THENCE TANGENT TO SAID CURVE NORTH 440 44' 32" WEST, ADISTANCE OF 91.61 FEET TO THE BEGINNING OF A NON TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 440.00 FEET, A RADIAL UNE PASSING THROUGH SAID POINT BEARS SOUTH 490 OW 37" EAST, THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AND CONTINUING ALONG SAID NORTHERLY LINE OF PARCEL 8 AND ALONG THE NORTHERLY LINE OF SAID PARCEL 7, THROUGH A CENTRAL ANGLE OF 230 5414511, AN ARC DISTANCE OF 183.63 FEET TO THE BEGINNING OFACOMPOUND CURVE, CONCAVE NORTHWESTERLY, HAVING RADIUS OF 840.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 2S° 11152" EAST, THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AND CONTINUING ALONG SAID NORTHERLY LINE OF PARCEL 7, THROUGH A CENTRAL ANGLE OF 04° 07 OW, AN ARC DISTANCE OF 59.16 FEET To THE MOST NORTHERLY NORTHWEST CORNER OF SAID PARCEL 7; 88YO1J6[0-0061 31273031 &MI/12 ��50 THENCE ALONG THE WESTERLY LINES OF SAID PARCEL 7 THROUGH THE FOLLOWING THREE (8) COURSES: . (1) SOUTH 1& 3714" EAST AND NON -TANGENT TO LAST SAID CURVE, AS DISTANCE OF 55.87 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF . 250.011 FEET; (2) THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20° 41' 22", AN ARC DISTANCE OF 90.27 FEET; (3) THENCE TANGENT TO SAID CURVE SOUTH 049 02' OV WEST, A DISTANCE OF 333.46 FEET TO THE NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LINIs OF SAID PARCEL 8; THENCE LEAVING SAID WESTERLY LINES OF PARCEL 7 AND ALONG SAID PROLONGATION AND SAID SOUTHWESTERLY LINE OF PARCEL 8, SOUTH 500 LO' 13" EAST, A DISTANCE O 592.88 FEETTO THE POINT OF BEGINNING. exa pTIHG THEREFROM AGENCY EXCEPTS AND RESERVES FROM THE CONVEYANCE, HEREW DMCRM ALL BON S6KTANCi3 AND' MINERALS OF EYERtY KIND AND CCHOF TW ARACTEGENCYR LYING OM Rl THANGAS RFIVE HUNDRED 50D) FEET BELOW THE SURFACE, TOGETHER WITH THE RIGHT To DRILL INTO, THROUGH, AND TO USE AND OCCUPY ALL PARTS OF THE PROPERTY LYING MORE THAN FIVE HUNDRED (500) FEET BELOW THE SURFACE THEROF FOR ANY AND ALL PURPOSES INCIDENTAL Tp THE EXPLORATION FOR AND PRODUCTION OF OIL, GAS, HYDROCARBDN SUBSTANCES OR MINERALS FROM SAID PROPERTY OR OTHER LANDS, BUT WITHOUT, HOWEVER, ANY RIGHT T o USE E1THElt THE SURFACEAF THE PROPERTY OR ANY PORTION THEROF WITHIN FIVE HUNDRI� (S00) FEET OF TTiE SURFACE FOR ANY PURPOSE pR PURPOSES WHAT80EYEli, OR TT) U THE PROPERTY IN SEICFI A MANNER AS TQ CREATE A DLS171RBANCE TO THE USE OR EN>aYMENT OF THE PROPERTY, AS RESERVED 1 N THE DEED FROM LA QUINTA REDEVELOPMENT AGENCY, RECORDED DECEMBER 09, 2004 ASlNS TRUMEN7 N0.04979137 . OF OFFICIAL RECORDS APN: 604.630.027-6 3127303.22MI112 -2- �a 5.1 SEE SHEET 2 FOR ANNOTATION TABLESAND NOTE8b c�\ PART. s DETAIL 'A' "+� _..40I /✓ M �l MDSCWE s 113-515 AC. Men 1 AbCES§ - t �Mw TO 8E 1 PARCEL'B• 9,451 a I�LOT L.IAEV�,W r3 V r . l �T •� LOT UNE TO 8E �J . LOT DOE" fdr PAR= 7 SEE DETAIL 'A' p� R AT UPPER LEFT .-SCALE; t' 200' OR asks MSACONSMUAvt+. lKQ �MAII0D80. S 0 # AILTOLA7LTHNL JNC hMmeg am. i E wms LOT LINE TD DE 8amm . w LAw11mm=m !@W 13WHwz Dft"mUwwMmAmwCA 4M EXI WC LOT UNE TO RD M NEW ADAXiED LOT LINE w i um.F" (M X04Mf SNEET 1 OF 2 J.N. 1612 RFS OUCTED ACCESS, PER PUB 21 EO-" SM156104061 0 31273032 SM1/12 _3_ P52 ITY SA / HA / FA MEETING DATE: November 6, 2012 ITEM TITLE: Denial of Claim for Damages Filed by: Noel Perez; Date of Loss - October 16, 2012 AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: [ 41U11]'(y &X9181►F PUBLIC HEARING: RECOMMENDED ACTION: Deny the claim for damages of Noel Perez in its entirety. EXECUTIVE SUMMARY: A claim was filed by Noel Perez with a reported date of loss of October 16, 2012. It was forwarded to Carl Warren & Company, the City's claims administrator. Carl Warren reviewed this claim and recommends denial. FISCAL IMPACT: The amount of the claim is for $2,000. BACKGROUND ANALYSIS: The claim is for damage to the claimant's vehicle caused by spilled paint on the roadway. The City is not absolutely liable for damages caused by property owned by it and is insulated from responsibility resulting from conditions of which it has no knowledge or notice. Respectfully submitted, S Terry Deeringer Human Resources/General Services Manager ,-) 5 IT / SA / HA / FA MEETING DATE: November 6, 2012 ITEM TITLE: Consideration of Second Reading and Adoption of Ordinance No. 502 Authorizing an Amendment to the Contract between the City Council of the City of La Quinta and the Board of Administration of the California Public Employees' Retirement System RECOMMENDED ACTION: Adopt Ordinance No. 502 on second reading. EXECUTIVE SUMMARY: AGENDA CATEGORY: BUSINESS SESSION: 1 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The City and La Quinta City Employees' Association (LQCEA) recently agreed to amend the CalPERS retirement contract to incorporate a second tier benefit level of 2% at age 60, which only affects employees hired after January 1, 2013. In order to effectuate the amendment, CalPERS requires the following: 1) Adopt a Resolution of intention to approve an amendment to the contract; 2) Employee election; and 3) Adopt an Ordinance to amend the contract. The resolution of intention was adopted at the October 2, 2012 Council meeting, (Resolution No. 2012-054). The current Memorandum of Understanding with the LQCEA contains provisions electing and approving this intended action, which accomplishes step 2 above. Adoption of the Ordinance is the final step. FISCAL IMPACT: In addition to a change in retirement formula for new hires, adoption of a second tier benefit level also changes both the employer and employee contribution rates assessed by CalPERS. The CalPERS valuation estimates the City's total employer contribution 54 rate for newly hired members after January 1, 2013 will be 7.846% of reportable earnings versus the current rate of 13.914%. The employee contribution rate for newly hired members after January 1, 2013 will be 7% of reportable earnings (rate for current employees is 8%). According to the CalPERS' valuation, the ultimate employer annual dollar savings is about 2.7% of the second tier fiscal year payroll (or 2.7% of the wages paid to those employees hired after January 1, 2013). Actual savings attributable to the proposed contract amendment are unknown at this time since the proposed rate changes only affect employees hired after January 1, 2013. BACKGROUND/ANALYSIS: The City and LQCEA agreed during negotiations in June, 2012, to institute a second tier benefit formula of 2% @ 60. The City requested the valuation from CalPERS and initiated the process for a contract amendment to accomplish same. On September 12, 2012, Governor Brown signed Assembly Bill 340 amending certain sections of the Public Employees Retirement Law (PERL). The amendment, known as the Public Employees' Pension Reform Act (PEPRA), creates a new benefit tier for new employees/members entering public agency employment and public retirement system membership for the first time on or after January 1, 2013. The benefit tier formula for new employees will be 2% @ 62. A new employee/member is defined by PEPRA as: 1. Someone who has never been a member of any California public retirement system; 2. Someone who worked in another California retirement system with a break in service of 6 months or more; or 3. Someone who was a PERS member at another public agency but had a break in service of 6 months or more. On October 2, 2012, the City Council moved to take up Ordinance Number 502 on first reading, adopting a second tier retirement formula of 2% @ 60. The City Council further moved to introduce Ordinance No. 502 on first reading. Both motions were unanimously approved. This City's second tier formula of 2% @ 60 will apply only to existing PERS members hired from another public agency who have not had a break in service of 6 months or more. All other new hires after January 1, 2013 will come in under PEPRA's formula of 2% @ 62. The employee contribution rate for the new formula will vary, but early estimates predict a 6% contribution rate. ALTERNATIVES: Staff also requested and received a valuation from CalPERS for a formula change to 2% at 50, which calculated the ultimate employer annual dollar savings at approximately 1.7% of second tier fiscal year payroll. Since the valuation of savings for the 2% at 60 formula was approximately 2.7%, Council directed staff to pursue the latter. Respectfully submitted, Terry D ringer, Human Resources/ General Services Manager iP 5 6 ORDINANCE NO. 502 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF LA QUINTA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM WHEREAS, the City Council of the City of La Quinta, California, does ordain as follows: SECTION 1. An amendment to the contract between the City Council of the City of La Quinta and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit A, and by such reference made a part hereof as though herein set out in full. SECTION 2. The Mayor of the City of La Quinta is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. SECTION 3. This Ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the expiration of 15 days from the passage thereof shall be published at least once in The Desert Sun, a newspaper of general circulation in the city of La Quinta and thence from and thereafter the same shall be in full force and effect. PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this day of 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 057 Ordinance No. 502 PERS Contract Amendment 2013 Adopted: Page 2 ATTEST: SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California _58 Ordinance No. 502 PERS Contract Amendment 2013 Adopted: Page 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, SUSAN MAYSELS, 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. 502 which was introduced at a regular meeting on the 2nd day of October, 2012 and was adopted at a regular meeting held on the 6th day of November, 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, City Clerk City of La Quinta, California DECLARATION OF POSTING I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on 2012, pursuant to Council Resolution. Susan Maysels, City Clerk City of La Quinta, California I J b 9 ca�Rs EXHIBIT; California Public Employees' Retirement System AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System, and the City Council City of La Quinta The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective December 16, 1983, and. witnessed November 1, 1983,. and as amended effective November 12, 1988, November2, 1990, January 18, 1991, November 1, 1991, June 7, 2002 and December 15, 2003 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective December 15, 2003, and hereby replaced by the following paragraphs numbered 1 through 14 inclusive` 1. All words and terms used herein which are defined in the Public Employees' Retirement law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members entering membership in the miscellaneous classification on or prior to the effective date of this amendment to contract and age 60 for local miscellaneous members entering membership for the first time in the miscellaneous classification after the effective date of this amendment to contract. 66 2. Public Agency shall participate in the Public Employees' Retirement System from and after December 16, 1983 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Public Agency agrees to indemnity, defend and hold harmless the California Public Employees' Retirement System (CaIPERS) and its trustees, agents and employees, the CaIPERS Board of Administration, and the California Public Employees' Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorneys fees that may arise as a result of any of the following: (a) Public Agency's election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas provided under the Public Agency's prior non-CaIPERS retirement program. (b) Public Agency's election to amend this Contract to. provide retirement benefits, provisions or formulas that are different than existing retirement benefits, provisions or formulas. (c) Public Agencys agreement with a third party other than CaIPERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for under the California Public Employees' Retirement Law. (d) Public Agency's election to file for bankruptcy under Chapter 9 (commencing with section 901) of Title 11 of the United States Bankruptcy Code and/or Public Agency's election to reject this Contract with the CaIPERS Board of Administration pursuant to section 365, of Title 11, of the United States Bankruptcy Code or any similar provision of law. (e) Public Agency's election to assign this Contract without the prior written consent of the CaIPERS' Board of Administration. (f) The termination of this Contract either voluntarily by request of Public Agency or involuntarily pursuant to the Public Employees' Retirement Law. b I (g) Changes sponsored by Public Agency in existing retirement benefits, provisions orfornulas made as a result of amendments, additions or deletions to California statute or to the California Constitution. 4. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such Gass as are excluded by law or this agreement: a. Employees other than local safety members (herein referred to as local miscellaneous members). 5. In addition to the classes of employees excluded from membership by said Retirement Law, the following Gasses of employees shall not become members of said Retirement System: a. SAFETY EMPLOYEES. 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after December 15, 2003 shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on or after December 15, 2003 and not entering membership for the first time in the miscellaneous classification after the effective date of this amendment to contrail shall be determined in accordance with Section 21354.4 of said Retirement Law (2.5% at age 55 Full). 8. The percentage of final compensation to be provided for each year of credited current service as a local miscellaneous member entering membership for the first time in the miscellaneous classification after the effective date of this amendment to contract shall be determined in accordance with Section 21353 of said Retirement Law (2% at age 60 Full). 9. Public Agency elected and elects to be subject to the following optional provisions: a. Section 20938 (Limit Prior Service to Members Employed on Contract Date). b. Section 21573 (Third Level of 1959 Survivor Benefits). a Section 20042 (One -Year Final Compensation). "' 6 d. Section 21024 (Military Service Credit as Public Service). e. Section 20475 (Different Level of Benefits). Section 21353 (2% 60 Full formula) is applicable to local miscellaneous members entering membership for the first time in the miscellaneous classification after the effective date of this amendment to contract. 10. Public Agency, in accordance with Government Code Section 20834, shall not be considered an "employer' for purposes of the Public Employees' Retirement Law. Contributions of the Public Agency shall be foxed and determined as provided in Government Code Section 20834, and such contributions hereafter made shall be held by the Board as provided. in Government Code Section 20834. 11. Public Agency shall contribute to said Retirement System the contributions . determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members of said Retirement System. 12. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a. single account, based on term insurance rates, for survivors of all local miscellaneous members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. G. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 13. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic Investigation and valuation required by said Retirement Law. 14. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct. payments between the employee and the Board. B. This amendment shall be effective on the day of BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT, SYSTEM CITY OF LA QUINTA BY BY KAREN DE FRANK, CHIEF PRESIDING OFFICER CUSTOMER ACCOUNT SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM Witness Date 1. Attest Clerk AMENDMENT CSIPERS 0#2188535078 PERS-CON-702A `64 Tih 'f4#0" CC/ SA/ HA / FA MEETING DATE: November 6, 2012 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Consideration. of Renaming Park Avenue North of Avenue 50 in Memory of Andy Williams CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Approve a request from City Council to rename Park Avenue to Moon River Drive north of Avenue 50. EXECUTIVE SUMMARY: At the Council meeting of October 16, 2012, Council directed staff to look into renaming Park Avenue north of Avenue 50 in honor of Andy Williams, a former resident of La Quinta who passed away on September 25, 2012. Staff determined that Park Avenue is not a public right of way and instead is a driveway serving the La Quinta Boys & Girls Club, YMCA, Truman Elementary and La Quinta Middle School. Therefore, it is not necessary to follow the street renaming process outlined in the La Quinta Municipal Code. The La Quinta Boys & Girls Club requested considering renaming Park Avenue to Moon River Drive. FISCAL IMPACT: The name change will necessitate replacing two existing signs affixed to the Avenue 50 streetlight, which is estimated to cost approximately $1000; this cost would be charged to the Public Works Department Engineering Services Division. ". 6 5 BACKGROUND/ANALYSIS: Park Avenue north of Avenue 50 is not a public street, but rather a driveway is providing access to The La Quints Boys & Girls Club, YMCA, Truman Elementary and La Quinta Middle School (Attachment 1). As a result, the street renaming procedure as set forth in the City's Municipal Code do not apply in this instance. A "street" name can be established for the existing driveway without the need forthe street renaming process. Naming a driveway has occurred at multiple locations in La Quints. For example, Depot Drive, Costco Drive, Channel Drive and Plaza La Quinta are all named driveways. The La Quinta Boys & Girls Club and the YMCA have a Park Avenue address while Truman Elementary and La Quinta Middle School have Avenue 50 addresses. Due to the potential impact to their agencies, staff contacted representatives from the La Quinta Boys & Girls Club and the YMCA with regards to the possible name change. Both agencies are in support of a name change to honor Mr. Williams. In fact, Mr. Jim Ducatte, CEO of the Boys & Girls Clubs of Coachella Valley Foundation, requested the name be changed to Moon River Drive (Attachment 2), which is the song Mr. Williams is most noted for. ALTERNATIVES: Due to the request made by Mr. Ducatte, staff is in support of the name being established as Moon River Drive. However, City Council could also consider other names such as Andy Williams Drive. submitted, t& Johnson, Planning Director Attachments: 1. Area Map 2. Mr. Jim Ducatte email correspondence dated October 22, 2012 "Q0 M I I MVI'71VICIV I f/' I Park Avenue Renaming + October 30, 2012 City of La Quinta o. Planning Department ('67 ATTACHMENT 2 From: Les Johnson Sent: Tuesday, October 30, 2012 2:18 PM To: Carolyn Walker Subject: FW: Street Name Change From: Jim Ducatte rmailto:JDucatteCabbocofcv.oral Sent: Monday, October 22, 2012 3:42 PM To: Jay Wuu Subject: Street Name Change Hi, Jerry. It was good speaking with you today about renaming Park Avenue in the City of LaQuinta after one of our key supporters, Andy Williams, who recently passed away. Much like the McCallum Theatre is also referenced by the name The Bob Hope Cultural Center, our Boys & Girls Club is proposing to keep the name The President Gerald R. Ford Boys & Girls Club of LaQuinta and subtitle the building The Andy Williams Youth Center. To compliment this building recognition, we would support the renaming of Park Avenue to Moon River Drive, the song in which Andy is most noted. We are willing to help financially with the costs that might be involved with such a name change through the support of another donor. This would be a great way to recognize a man that was certainly important to our Boys & Girls Club and the City of LaQuinta. As we get more into season, our organization is planning to do a ceremony that Debbie Williams will attend as will hopefully Andy's many friends here in the desert. I appreciate any consideration that the City may give to this matter. Thanks, Jerry. If you have any further questions please don't hesitate to contact me. Jim Ducatte Chief Executive Officer Boys & Girls Clubs of Coachella Valley Foundation 42-600 Cook Street, Suite 120 Palm Desert, CA 92211 760 836-1160 ext 102 760 776-9111 Fax iducatteCcabecofcv.org 68 REPORT/INFORMA I IUNAL I I ME I I INVESTMENT ADVISORY BOARD Meeting September 12, 2012 I CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 4:00 p.m. by Chairman Blum followed by the Pledge of Allegiance. PRESENT: Board Members Mortenson (via teleconference), Donais Blum, Spirtos and Park ABSENT: None OTHERS PRESENT: Robbeyn Bird, Finance Director, Louise West, Accounting Manager and Vianka Orrantia, Senior Secretary At this time Ms. Robbeyn Bird, Finance Director introduced herself and gave a brief background of her employment history. II PUBLIC COMMENT - None III CONFIRMATION OF AGENDA - Confirmed IV CONSENT CALENDAR A. Approval of Minutes of Meeting on July 11, 2012 for the Investment Advisory Board. Board Member Donais requested that a correction be made to page 3 Item B, second paragraph to read; Mr. Falconer further advised that the yield decreased by approximately 5 basis points and the maturity increased by approximately 40 basis points airs. MOTION - It was moved by Board Members Park/Donais to approve the Minutes of July 11, 2012 as amended. Motion carried unanimously. C' 6 9 V BUSINESS SESSION A. Transmittal of Treasury Report for June and July 2012 Ms. Bird presented and reviewed the staff report for the month of June 2012. In response to Chairman Blum, Ms. Bird advised that she is pleased with the current format of the Treasurer's report and staff is open to any suggestions and/or changes. MOTION — It was moved by Board Members Spirtos/Park to review, receive, and file the Treasurers Report for June 30, 2012. Motion carried unanimously. Ms. Bird presented and reviewed the staff report for the month of July. In response to Board Member Spirtos, Board Member Donais clarified that the City has been investing in short-term investments due to the current interest rate environment. MOTION — It was moved by Board Members Donais/Park to review, receive, and file the Treasurers Report for July 2012. Motion carried unanimously. VI CORRESPONDENCE AND WRITTEN MATERIAL A. Month End Cash Report — August 2012 Ms. Bird presented and reviewed the Month End Cash report for the month of August. Noted and Filed B. Pooled Money Investment Board Reports — June and July 2012 Ms. Bird presented and reviewed the Pooled Money report for the month of June and July 2012. General Discussion ensued amongst the Board regarding future attendance to the LAIF Conference in Sacramento. Noted and Filed 2 n70 VII BOARD MEMBER ITEMS In response to Board Member Mortenson, Ms. Bird advised that the broker considered for future purchases of CD's is First Empire Securities located in New York. She further advised that staff would consider any other brokers recommended by the Board. Chairman Blum asked staff to follow-up on who is required to attend this year's AB 1234 Ethics Training. Vlll ADJOURNMENT MOTION - It was moved by Board Members Spirtos/Park to.adjourn the meeting at 4:24 p.m. Motion carried unanimously. 3 P71 Department Report: a, c ow5 N OF T TO: The Honorable Mayor and Members of the City Council FROM: Frank J. Spevacek, City Manag� DATE: November 6, 2012 SUBJECT: Department Report - Response to Public Comments The following public comments were made at the October 16, 2012 City Council meeting: 1. Nina Albor, La Quinta, lives at the top of La Quinta Cove. She requested the City's assistance as she is having difficulty with SunLine bus stops where she can be safely picked up and dropped off with her wheelchair. She uses the bus service daily and was required to drive her wheelchair down from the Cove to come to the City Council meeting today. Mayor Adolph asked for the cross streets where Ms. Albor waits for the bus. She responded at Calle Obregon and Calle Madrid. Mayor Adolph stated he is on the board of directors of Sunline Transit and will contact the General Manager to find out the details and have staff respond to her. 2. Len Wahlert, 81773 Contento, La Quinta, attended the South Coast Air Quality Management District (SCAQMD) board meeting and provided a summary of the $53M in allocations. $17.4M has tentatively been approved for a bike/cart path. Mr. Wahlert stated if the City Council is asked to weigh in on these funds, they would consider other ways for the funds to be used to benefit the Valley. 3. Robert Cox, 78315 Crestview Terrace, La Quinta, Coachella Valley Mosquito & Vector Control District (CVMVCD) representative appointed by the La Quinta City Council. Mr. Cox provided information on CVMVCD activities and stated a full detailed report on their operations can be provided to the Council by their operations officer. Mr. Cox stated both the City and CVMVCD's Finance departments have done outstanding jobs. Mayor Adolph asked Mr. Cox for the status on West Nile Virus in Coachella Valley. Mr. Cox responded there were two human cases in the Coachella Valley and one outside case which didn't get treated until they returned to Coachella Valley. Spraying is still underway with the focus on the Salton Sea area where receding water has left large marsh areas. CVMVCD's employees are working 24/7 on rotating schedules with a lot of flight hours being spent trying to seal off the area as it cannot be done by walking on the marshland. Council Members Franklin and Henderson thanked Mr. Cox for his work. Mr. Cox indicated he would be honored to serve again when his term expires in January 2013. 4. Greg Peck, 81275 National Drive, La Quinta, of VEAP (Veterans Easy Access Program) a non-profit organization representing over 100 Valley organizations that support veterans. They meet once a month to discuss veterans' problems such as transportation, clothing, food, shelter, accessing benefits and finding jobs. A free Veteran's Expo will be held at the Riverside County fairgrounds on October 27 Expo with 60 organizations that support veterans; over 1,000 veterans are expected to attend. Mayor Adolph stated the Rotary Club of La Quinta has signed up to participate at the event. 073 Department Report: 2 ��c ,wOwSW OF T1 TO: The Honorable Mayor and Members of the City Council FROM: M. Katherine Jenson, City Attorney and Michelle Molko, Rutan & Tucker, LLP j,,, �4 KK DATE: November 6, 2012 �1+` SUBJECT: Department Report Regarding California Bio-Mass, Inc. This report is intended to provide you with an update on the status of odor issues related to the above -mentioned compost processing facility, actions being taken by other agencies with respect to the odor issues and potential avenues for future City action. Since 1995, California Bio-Mass, Inc. ("Cal Bio-Mass") has been operating under a conditional use permit ("CUP") issued by Riverside County. The CUP was most recently renewed in September 2010 and is set to expire on December 31, 2014. As you are aware, residents of the Trilogy community in the City have been complaining about very strong and unbearable odors they believe are emanating from Cal Bio-Mass's activities. The County has announced that it will not renew Cal Bio-Mass's CUP, and a Cal Bio-Mass representative has stated that they are looking for a new location to move their operations to. CURRENT STATUS OF REGULATORY OVERSIGHT Various public agencies have enforcement authority over certain aspects of Cal Bio-Mass's operations. These agencies have been made aware of the odor issues via citizen complaints and otherwise. The following is a summary of recent enforcement actions taken and being taken by the relevant agencies: Riverside County Department of Environmental Health ("County DEH") County DEH is a local solid waste enforcement agency operating under the California Department of Resources Recycling and Recovery ("Cal Recycle"). 014 As such, it is charged with monitoring compliance with applicable solid waste facility laws and regulations, including Cal Bio-Mass's compliance with its Solid Waste Facility Permit and Odor Impact Mitigation Plan (a plan that is required and has been developed pursuant to state statute). County DEH representatives inspect Cal Bio-Mass's facility monthly and investigate complaints made by the public concerning the company's operations. In June 2012, due to complaints received and confirmed by County DEH, Cal Bio-Mass was forced to revise its Odor Impact Mitigation Plan to specify additional steps it would take to help reduce off -site odors. Despite compliance with the revised plan, odor issues continued, which led County DEH to make a formal determination on August 30, 2012, that Cal Bio-Mass "is creating a public nuisance." County DEH noted that it had received over 200 off -site odor complaints between November 2011 and August 2012, and it ordered Cal Bio-Mass to, by the end of September 2012, reduce its acceptance of grease containing liquids (thought to be a major source of the odors) by 50%. According to County DEH, Cal Bio-Mass has complied with the order; however, odor complaints persist and have continued to be confirmed by County DEH inspectors. As a result of the repeated violations related to odors, Cal Bio-Mass has been put on CalRecyle's inventory list of "solid waste facilities which violate state minimum standards." County DEH is in the process of trying to determine what next steps, if any, it will take. South Coast Air Quality Management District ("SCAQMD") SCAQMD is the local air pollution control agency responsible for monitoring and ensuring compliance with air quality laws, regulations and standards. SCAQMD has a 24-hour telephone hotline through which it receives complaints from the public, and it has been investigating Cal Bio-Mass odor complaints to the extent feasible. To facilitate monitoring, SCAQMD installed an air quality monitor in the Trilogy community that captures and analyzes air samples, and transmits the data to SCAQMD offices. In July 2012, SCAQMD issued Cal Bio-Mass a Notice of Violation for "discharging such quantities of air contaminants which cause injury, detriment, nuisance or annoyance for a considerable number of persons or to the public." (Health & Saf. Code, § 41700; AQMD Rule 402.) SCAQMD issued two additional Notices of Violation to Cal Bio-Mass for odor nuisance complaints received and confirmed on October 16th and 19th. Reports concerning all three violations are currently under review by SCAQMD's legal counsel to determine the appropriate enforcement action. Violations may, among other things, be subject to a civil fine of $10,000 per occurrence. '17 5 State Water Resources Control Board ("SWRCB" SWRCB's website indicates that Cal Bio-Mass has repeatedly been in violation of semi-annual reporting requirements since at least 2008 by failing to provide certain analyses. It is unclear, however, whether SWRCB may take, or has taken, any enforcement action regarding the inadequate reporting. OPTIONS AVAILABLE TO THE CITY At this time, the City has a few different options available with respect to the Cal Bio-Mass situation, including the following: Continue To Monitor Situation With No Formal Action Based on conversations with County DEH and SCAQMD, both agencies have (fairly recently) issued notices of violation to Cal Bio-Mass, are continuing to receive and confirm odor complaints from Trilogy residents and are in the process of exploring appropriate methods for addressing the situation. The City could decide to continue to monitor the situation and wait to see what future enforcement action, if any, County DEH and/or SCAQMD will take. In addition, the City could encourage residents to continue to report odor issues when they arise by notifying SCAQMD (24-hour hotline or online), County DEH and Cal Bio-Mass. As part of its Odor Impact Mitigation Plan and CUP, Cal Bio-Mass is required to (1) have an e-mail address and a local or toll -free phone number manned 24 hours per day, seven days per week, for people to report offensive odor problems; (2) investigate, document and notify County DEH of all complaints; and (3) if feasible, modify operations to minimize odors. Formal Action In Support Of County DEH And SCAQMD Efforts State regulations authorize County DEH to require Cal Bio-Mass to take additional reasonable and feasible measures to minimize odors if odor issues are persisting despite compliance with the Odor Impact Mitigation Plan. In addition, Cal Bio-Mass's Solid Waste Facility Permit authorizes County DEH to: (1) suspend or modify the facility's operations when necessary due to, among other things, the creation of a nuisance; and (2) require Cal Bio-Mass to cease the use of any non -green waste stream if County DEH finds that it cannot be composted and processed without causing a nuisance. County DEH has already ordered Cal Bio-Mass to reduce its acceptance of grease containing liquids by 50% and to alter its practices. Given that these measures have not resolved the odor problems, which County DEH recognizes, the City could take formal action (e.g. a resolution) asking County DEH to order Cal Bio-Mass to implement additional odor minimization measures or to further reduce or entirely eliminate its acceptance of liquid waste. It is unclear how long it may take County DEH to determine what n � 6 action, if any, it will take to remedy the odor issues. In addition, if County DEH were to take enforcement steps, it may take months to identify the precise cause(s) of the problematic odors, to make necessary adjustments and to see significant changes in the prevalence of the odors. As for SCAQMD, its legal counsel is currently reviewing reports related to the notices of violation issued to Cal Bio-Mass in July and October 2012. SCAQMD has a variety of methods available for obtaining compliance, so the City could take formal action asking SCAQMD to continue to pursue enforcement related to pending and future violations. Enforcement action by SCAQMD may involve an administrative hearing process, which may not be complete for a few months. In addition, even after completion of the enforcement process, it may take months to identify the precise cause(s) of the problematic odors, make necessary adjustments and see significant changes in the prevalence of the odors. Formal Action Requesting County To Review CUP For Compliance The Riverside County Code authorizes the Director of the Building and Safety Department to revoke a CUP if certain conditions exist, including if the use is a public nuisance or the use is being conducted in violation of the terms and conditions of the permit. First, with respect to a nuisance, Cal Bio-Mass's operations likely constitute a public nuisance due to the offensive off -site odors being produced that are continually interfering with Trilogy residents' use and enjoyment of their property. Second, with respect to CUP conditions, Cal Bio-Mass appears to be violating the conditions of its CUP. For example, the CUP requires Cal Bio-Mass to comply with all applicable state and federal laws. The repeated violations noted by County DEH in its monthly inspection reports, the fact that Cal Bio-Mass has been put on CalRecyle's inventory list of solid waste facilities that violate state minimum standards, the reporting violations documented by SWRCB and the multiple notices of violation issued by SCAQMD, demonstrate that the facility is not in compliance. As such, the County seems to have grounds to revoke Cal Bio-Mass's CUP, which would force Cal Bio-Mass to entirely cease its operations. The City could take formal action asking the County to revoke Cal Bio-Mass's CUP for the above -described reasons. However, this would not be an instantaneous solution. If the County were to find revocation appropriate, the County would need to follow a certain process to effectuate the revocation, which likely would take months. Further, Cal Bio-Mass could challenge a revocation of its CUP by filing a lawsuit against the County. Civil Litigation Trilogy community residents continue to complain about offensive odors and how the odors are interfering with free use and enjoyment of their property. Due to these persistent pungent odors, which have been confirmed on `'77 multiple occasions to be emanating from Cal Bio-Mass's operations, there is a strong argument that the facility is a public nuisance — i.e., one that affects a considerable number of persons or an entire neighborhood or community. (Civ. Code, § 3479-3480.) The fact that Cal Bio-Mass is operating under a CUP and other permits issued by various regulatory agencies is irrelevant to whether its operations constitute a nuisance under the circumstances. Although actions taken under the express authority of a statute generally cannot be deemed a nuisance, courts very closely scrutinize whether the complained of actions are, in fact, clearly authorized by statute. Here, Cal Bio-Mass is not operating in compliance with applicable laws and regulations, as evidenced by the multiple notices of violation issued by County DEH and SCAQMD. Moreover, nothing authorizes Cal Bio-Mass to operate in a manner that continually produces strong off -site offensive odors. To the contrary, provisions in state law and regulations and Cal Bio-Mass's CUP emphasize the need to minimize off -site odors. For example, state regulations mandate that all handling activities of composting facilities "be conducted in a manner that minimizes ... odor impacts." (14 Cal. Code Regs. § 17867(a)(2).) In addition, state statute prohibits any person from discharging "air contaminants or other material that cause injury, detriment, nuisance, or annoyance to any considerable number of persons." (Health & Saf. Code, § 41700.) And, Cal Bio-Mass's CUP requires the development and implementation of an Odor Impact Mitigation Plan that provides methods "for preventing and mitigating nuisance level odors." To address the nuisance situation, the City, on behalf of its residents, could chose to file a civil lawsuit against Cal Bio-Mass. The lawsuit would seek an injunction (i.e. a court order) prohibiting Cal Bio-Mass from engaging in activities that create offensive off -site odors. This option would not be an immediate solution to the problem. Obtaining a permanent injunction could be a lengthy process (6-12 months). Obtaining temporary relief such as a preliminary injunction is something that would take a few months. It is also very difficult to get a preliminary injunction where you are essentially changing the status quo situation. �' 78 DEPARTMENT REPORT: 3, v 5 i �yOFT� TO: Honorable Mayor and Members of the City Council FROM: Susan Maysels, City Clerk DATE: November 6, 2012 SUBJECT: January 2013 Council & Successor Agency Meeting Schedule The first regular meeting in 2013 for the City Council and the Successor Agency is scheduled for January 1, 2013, a national holiday. Council Resolution 2006-1 15, Rules of Procedure state: "When the day for a regular meeting of the Council falls on a legal holiday, no meeting shall be held on that day; rather, such meeting shall be held at the same hour on the next succeeding day thereafter that is not a holiday." Council may schedule the meeting for Wednesday, January 2nd, or cancel the first regular meeting of January 2013. The second regular meeting in January will be January 15`". Due to the end -of -year holidays, a meeting on Wednesday, January 2"d, would require staff to prepare staff reports the week of the December 18`" Council meeting for distribution December 27`". Council direction is needed in order for the City Clerk to prepare and post the necessary Notices of Cancellation or Rescheduling. 73 1