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2012 12 18 CCIO I t l 'Elm City Council agendas and staff reports are now available on the City's web page: www.la-ouinta.or9 CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 78-495 Calls Tampico, La Quints REGULAR MEETING on TUESDAY, DECEMBER 18, 2012 CLOSED SESSION 3:00 P.M.. OPEN SESSION 4:00 P.M. Beginning Resolution No. 2012-067 Ordinance No. 506 CALL TO ORDER ROLL CALL Councilmembers - Evans, Franklin, Henderson, Osborne, Mayor Adolph PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. 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). CLOSED SESSION NOTE: Time permitting the City Council may conduct Closed Session discussions during the dinner recess. Persons identified as negotiating parties are not invited into the Closed Session meeting when acquisition of real property is considered. CONFERENCE WITH LABOR NEGOTIATORS, SKI HARRISON AND TERRY DEERINGER, REGARDING NEGOTIATIONS WITH THE LA QUINTA EMPLOYEES ASSOCIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6 MEET AND CONFER PROCESS 2. CONFERENCE WITH CITY ATTORNEY, ANTICIPATED LITIGATION, INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54954.9(C) (TWO MATTERS) CITY COUNCIL AGENDA 1 DECEMBER 18, 2012 001 RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. 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 PRESENTATION BY AMERICAN PUBLIC WORKS ASSOCIATION, SOUTHERN CALIFORNIA CHAPTER PRESIDENT TO THE CITY OF LA QUINTA PUBLIC WORKS DEPARTMENT RECOGNIZING COMPLETION OF THE SELF -ASSESSMENT PROCESS AND PREPARATION FOR ACCREDITATION WRITTEN COMMUNICATIONS — NONE APPROVAL OF MINUTES 1. MINUTES OF DECEMBER 4, 2012 CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. 1. EXCUSE COMMISSIONER WEBER'S ABSENCE FROM THE JANUARY 8, 2013 PLANNING COMMISSION MEETING 2. DENIAL OF CLAIM FOR DAMAGES FILED BY: ERIN COLLINS; DATE OF LOSS — MAY 25, 2012 3. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED OCTOBER 31, 2012 CITY COUNCIL AGENDA 2 DECEMBER 18, 2012 4. ANNUAL DISTRICT INFORMATION SHEET FOR THE CITY OF LA QUINTA ASSESSMENT DISTRICT NO. 97-1 FOR FISCAL YEAR ENDED JUNE 30, 2012 5. ANNUAL CONTINUING DISCLOSURE FOR THE CITY OF LA QUINTA 2000-1 ASSESSMENT DISTRICT FOR FISCAL YEAR ENDED JUNE 30, 2012 6. AUTHORIZE THE CITY MANAGER TO SUBMIT A CLAIM FOR DAMAGES TO THE COUNTY OF RIVERSIDE RELATING TO THE PROPERTY TAX ADMINISTRATION FEES AND/OR TO ENTER A TOLLING AGREEMENT WITH THE COUNTY OF RIVERSIDE SUSPENDING THE TIME PERIOD TO BRING AN ACTION FOR THE RECOVERY OF SUCH FEES 7. EXCUSE BOARD MEMBER DONAIS FROM THE DECEMBER 12, 2012 INVESTMENT ADVISORY BOARD MEETING 8. DEMAND REGISTER DATED DECEMBER 18, 2012 9. DEVELOPER REQUEST TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE AND ONSITE IMPROVEMENTS FOR PARCEL MAP 29052, LUNDIN DEVELOPMENT, BLP DESERT, LP 10. RECEIVE AND FILE TREASURER'S REPORT DATED OCTOBER 31, 2012 BUSINESS SESSION 1. PILLARS OF THE COMMUNITY NOMINATIONS 2. AUTHORIZE THE CITY MANAGER AND CITY ATTORNEY TO ENFORCE THE CITY'S RIGHTS UNDER THE BONDS, INCLUDING THE INITIATION OF LITIGATION, AGAINST ARCH INSURANCE COMPANY AND PH RANCH, LLC AS NECESSARY TO COMPLETE IMPROVEMENTS FOR TRACT MAP 31348, ESTATES AT POINT HAPPY 3. SELECT A REPRESENTATIVE TO THE CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE STUDY SESSION 1. ALTERNATIVES FOR THE REPLACEMENT OF THE COACHELLA CANAL WITHIN THE SILVERROCK GOLF COURSE 2. POLICE DEPARTMENT SERVICES CITY COUNCIL AGENDA [K] DECEMBER 18, 2012 003 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) 13. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (ROBERT TEAL) 14. RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMITTEE (GUNN) 15. RIVERSIDE COUNTY TRANSPORTATION COMMISSION MENDERSON) 16. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 17. COMMUNITY SERVICES COMMISSION MINUTES OF NOVEMBER 5, 2012 18. HISTORIC PRESERVATION COMMISSION MINUTES OF OCTOBER 18, 2012 19. PLANNING COMMISSION MINUTES OF OCTOBER 23, 2012 20. INVESTMENT ADVISORY BOARD MINUTES OF NOVEMBER 14, 2012 DEPARTMENT REPORTS 1 2. 3. 4. 5. 6. 7. CITY MANAGER A. QUARTERLY MARKETING REPORT B. OVERSIGHT BOARD MEETING UPDATE REPORT C. LA QUINTA CHAMBER OF COMMERCE QUARTERLY REPORT D. RESPONSE TO PUBLIC COMMENT CITY CLERK A. UPCOMING EVENTS AND CITY COUNCIL CALENDAR B. SPECIAL COUNCIL MEETING JANUARY 22, 2013 WITH CITY BOARDS, COMMISSIONS AND COMMITTEE MEMBERS BUILDING & SAFETY DEPARTMENT REPORT FOR NOVEMBER 2012 COMMUNITY SERVICES DEPARTMENT REPORT FOR NOVEMBER 2012 PLANNING DEPARTMENT REPORT FOR NOVEMBER 2012 PUBLIC,WORKS DEPARTMENT REPORT FOR NOVEMBER 2012 POLICE DEPARTMENT REPORT FOR NOVEMBER 2012 CITY COUNCIL AGENDA 4 DECEMBER 18, 2012 C04 MAYOR'S AND COUNCIL MEMBER'S ITEMS — NONE RECESS TO THE MEETING OF THE CITY AS SUCCESSOR AGENCY TO THE DISSOLVED LA QUINTA REDEVELOPMENT AGENCY, FOLLOWED BY THE LA QUINTA FINANCING AUTHORITY AND THE LA QUINTA HOUSING AUTHORITY MEETINGS RECONVENE AT 7:00 P.M. PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. 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). PRESENTATIONS NONE PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "Request to Speak" form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project(s). If you challenge a project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at, or prior to the public hearing. 1. ADOPT RESOLUTIONS CERTIFYING AN ENVIRONMENTAL IMPACT REPORT, THE GREENHOUSE GAS INVENTORY AND REDUCTION PLAN, AND THE 2035 LA QUINTA GENERAL PLAN ADJOURNMENT The next regular meeting of the City Council scheduled for Tuesday, January 1, 2013 has been cancelled. A special meeting has been set for Wednesday, January 2, 2013, 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. CITY COUNCIL AGENDA 5 DECEMBER 18, 2012 .1, o 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 Chambers at 78-495 Calle Tampico, and the bulletin boards at the Stater Brothers Supermarket at 78-630 Highway 1 1 1, and the La Quinta Cove Post Office at 51-321 Avenida Bermudas, on December 14, 2012. DATED: December 13, 2012 SUSAN MAYSELS, City Clerk City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's office at 777-7123, 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 6 DECEMBER 18, 2012 ,j 006 r Hotmatl Print Message j" ► Z/i g (zo I Z ..�.ai►vQ ou:� � Gl�.tl,.a.Q r� � �_ BioMass - Council Meeting �I From: Anne Macnab (annemacnab@hotmail.com) Sent: December-18-12 2:39.48 PM TO: Fritz Bachli (fritzebachli@gmail.com) 1 attachment LQ General Plan Chapter I.txt (19.2 KB) Page 1 of 2 AQMD SECTION 402 PUBLIC NUISANCE LEGISLATION READS: A person shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property. Four years ago BioMass had its operational permit expanded ten fold/ten times what was previously allowed, by Riverside which has resulted in this travesty. BioMass cannot currently conduct its operations without being in constant violation of Section 402 - Public Nuisance Legislation. The nature of its business creates odors, air contaminants, annoyance to the public, danger to our persons, and of course injury to our property - decreasing property values and constant increasing particulate in the air. The business of BioMass also contravenes the proposed La Quinta community plan. We believe that this Council needs to deal with BioMass now as it would be inappropriate to ratify a new City Plan knowing that a business exists which at the very outset impacts the quality of life for its citizens and does not meet the very basic terms of the Plan. We are asking that the Mayor and Council write a letter to BioMass, Michael Hardy seeking confirmation of the project management proposed for the business to vacate its current location on or before December 31, 2014. remediate the present site. Iv -ring a new (oration, how-they_�nvision=_-= -_: the new location, and what their plan is to (I have attached it above in case you wish to refer to it) Basically the plan proposes that La Quinta community will be a stellar place to live, work and play.! https://bay] 72.mail.live.comlmaillPrintMessages.aspx?cpids=b4e038df-8c1 b-47ec-9a35-... 18/12/2012 CITY / SA / HA / FA MEETING DATE. December 18, 2012 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Excuse Commissioner Weber's Absence CONSENT CALENDAR: from the January 8, 2013, Planning Commission Meeting STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Approve a request from Commissioner Weber to be excused from the January 8, 2013, Planning Commission meeting. BACKGROUND/ANALYSIS: Commissioner Weber requested to be excused from the January 8, 2013, 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. The Council may excuse an absence, for extenuating circumstances, and the absence would then not be counted towards the limitation on absences. Commissioner Weber has had no other absences during this fiscal year and staff recommends his absence be excused by Council. ALTERNATIVES: Deny Commissioner Weber's request to be excused. Denial of the request would result in the absence being counted towards his limitation on absences as noted above. submitted, Planning Director Attachment: 1. Request from Commissioner Weber 0, 0 ATTACHMENT 1 Carolyn Walker From: Mark Weber <markdweber@live.com> Sent: Tuesday, November 27, 2012 9:23 PM To: Carolyn Walker Cc: Les Johnson Subject: PC Meeting on Jan 8th, 2013 - request for excused absence Carolyn, I will out of town (Sacramento) on Enterprise Zone business and therefore unable to make the scheduled La Quinta Planning Commission meeting on Jan 8th, 2013. Therefore I'd like to request that the Mayor and City Council consider excusing my absence for the PC Meeting on Jan 8th,2013. Regards, Mark Weber Manager Coachella Valley Enterprise Zone Authority 45-125 Smurr Street, Suite A Indio, CA 92201 "It's another beautiful day in the Coachella Valley!" Visit us at www.cveza.org Enterprise Zones = Jobs 1 008 CIT / SA / HA / FA MEETING DATE: December 18, 2012 AGENDA CATEGORY: BUSINESS SESSION: _ ITEM TITLE: Denial of Claim for Damages Filed by: CONSENT CALENDAR: Z Erin Collins; Date of Loss — May 25, 2012 STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Deny the claim for damages of Erin Collins in its entirety. EXECUTIVE SUMMARY: A claim was filed by Erin Collins with a reported date of loss of May 25, 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 $890. BACKGROUND ANALYSIS: The claim is for damage to the claimant's vehicle caused by a tree falling onto it during a high -wind event. 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, (r Terry Dee&hger Human Resources/General Services Manager IF 009 CITY A/HA/FA MEETING DATE: December 18, 2012 ITEM TITLE: Receive and File Revenues and Expenditures Report dated October 31, 2012 RECOMMENDED ACTION: Receive and File EXECUTIVE SUMMARY: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Monthly and year-to-date revenues and expenditures of the City of La Quinta dated October 31, 2012. FISCAL IMPACT: ►f ."I T BACKGROUND/ANALYSIS: Receive and File Transmittal of the October 31, 2012 Statements of Revenues and Expenditures for the City of La Quinta. ALTERNATIVES: None. Respectfully submitted: Robbeyn Bi d, Finance Director Attachment: 1. Revenues and Expenditures Report for October 31, 2012 " 010 CITY OF LA QUINTA REVENUES -ALL FUNDS 07/0112012. 10/3112012 FUNDS ADJUSTED BUDGET RECEIVED REMAINING BUDGET % RECEIVED General $33,094,686.00 $2,950,034.94 $30,144,651.06 8.90% Library 2,049,957.00 746.98 2,049,210.02 0.00% Gas Tax Revenue 994,900.00 250,093.84 744,806.16 25.10% Federal Assistance 300,350.00 0.00 300,350.00 0.00% JAG Grant 12,034.00 8,723.14 3,310.86 72.50% Slesf (Cops) Revenue 0.00 8.53 (8.53) - 0.00% Indian Gaming 105,844.00 0.00 105,844.00 0.00% Lighting & Landscaping 960,000.00 22,774.13 937,225.87 2.40% RCTC 0.00 0.00 0.00 0,00°% Development Funding 0.00 0.00 0.00 0.00% Crime Violent Task Force 230,347,00 19,968.00 210,379.00 8.70% Asset Forfeiture 0.00 4.25 (4.25) 0.00% AB 939 4,300.00 429.20 3,870.80 10.00% Quimby 20,000.00 3,902.52 16,097.48 19.50% Infrastructure 100.00 126.07 (26.071 126.10% Proposition 113 287,307.00 105.27 287,201.73 0.00% South Coast Air Quality 417,100.00 11,757.68 405,342.32 2.80% CMAQ/ISTEA 0.00 0.00 0.00 0.00% Transportation 523,300.00 190,245.40 333,054.60 36.40% Parks & Recreation 89,200.00 27.531.00 61,669.00 30.90% Civic Center 127,600.00 35,040.33 92,559.67 27.50% Library Development 35,500.00 6,869.00 28,631.00 19.30% Community Center 13,400.00 2,375.03 11,024.97 17.70% Street Facility 20,000.00 8,613.69 11,386.31 43.10% Park Facility 2,200.00 759.18 1,440.82 34.50% Fire Protection Facility 29,800.00 15,963.20 13,836.80 53.60% Arts In Public Places 99,800,00 41,634.85 58,165.15 41.70% Interest Allocation 0.00 47,564.78 (47,564.78) 0.00% Capital Improvement 102,564,214.00 26,770,503.40 76,793,710.60 26.10% Equipment Replacement 592,124.00 195,927.57 396,196.43 33.10% Information Technology 495,781.00 164,369.07 331,411.93 33.20% Park Equipment & Facility 512,223.00 167,854.64 344,368.36 32,80% SilverRock Golf 4,042,917.00 510,512.07 3,532,404.93 12.60% SilverRock Golf Reserve 69,215.00 205.13 69,009.87 0.30% La Quinta Public Safety Officer 2,100.00 2,013.71 86.29 95.90% Supplemental Pension Savings Plan 900.00 82.46 817.54 9.20 % Measure W 412,500.00 0.00 412,500.00 0.00% La Quinta Financing Authority 678,130.00 $78,086.25 100,043.75 85.20°% Successor Agency 1,063,271.00 33,985.31 1,029,285.69 3.20% Successor Agency to RDA Project Area No. 1 16,526,862.00 16,968.89 16,509,893.11 0.10% Successor Agency to RDA Project Area No. 2 3,627.301.00 11,498.97 3,615,802.03 0.30% La Quints Housin Authorit 19,369,954.00 18,266,580.90 1,103,373.10 94.30% Total $189,375,217.00 $50,363,859.38 $139,011,357.62 26.60% 011 CITY OF LA OUINTA EXPENDITURES -ALL FUNDS FUNDS ADJUSTED BUDGET 07101@012-10/31/2012 EXPENDITURES ENCUMBERED REMAINING BUDGET PERCENT General 35,692,731.00 ,725,05592 17,399.80 28,950,275.28 16.8% Library 1.917,877.00 702,582.00 000 1,215.295.00 36.6% Gas Tax 994,900.00 331.632.00 0,00 663,268.00 33.3% Federal Assistance 274,985.00 2,098.64 0.00 272.886.36 0.8% JAG Grant 12.033.00 8,723.14 0.00 3,309.86 72.5% Slesf (Cops) Revenue 0.00 0.00 0.00 0.00 0.0% Indian Gaming 118,308.00 0.00 0.00 118.308.00 0.0% Lighting 6 Landscaping 960,000.00 320,000,00 0.00 640,000.00 33.3% RCTC 0.00 0.00 0.00 0.00 0.0% Development Agreement 0.00 0.00 0.00 000 0.0% CV Violent Crime Task Force 68,490.00 21.189,41 0,00 47,300,59 30.9% AB939 307,99900 30,169.00 2.000.00 275,830.00 9.8% Quimby 9,198,032.00 1.562.25 000 9,196,479.75 0.0% InfrasWcture 242.074,00 0.00 0.00 242,074.00 0.0% Proposition 113 287,307.00 188,928.20 0.00 98,378.80 65.8% South Coast Air Quality 415700,00 7,030.82 0.00 408.669.18 1.7% CMAQ - 0.00 0.00 0.00 0.00 0.0% Transportation 2,766,145.00 961,685.93 0.00 1,814.459.07 34.4% Parks & Recreation 6,000.00 1,236.86 0 00 4,763.14 20.6% Civic Center 236.939.00 74,953.12 0.00 161,985.88 31.6% Library Development 9,40000 1.943.68 0.00 7,456.32 20.7% Community Center 0.00 0.00 0.00 0.00 0.0% Street Facility 10,000.00 2,110.54 0.00 7,1189.416 21.1% Park Facility 2.200.go 569.25 0.00 1,630.76 25.9% Fire Protection 4,700.00 964.68 0.00 3,74542 20.3% Arts In Public Places 536,200.00 6,672.45 0.00 529.527.55 1.2% Interest Allocation 0.00 $3.142,88 0.00 (33,142.88) 0.0% Capital Improvement 102,564,214.00 26.770.503.40 ON 75,793,71050 26.1% Equipment Replacement 582,217.00 65,204.16 0,00 517,012.84 11.2% Information Technology 547,649.00 155.361.86 0.00 392,487.14 28.4% Park Maintenance Facility 552,523.00 0.00 0.00 552,523.00 0.0% SilverRock Golf 3,888,038.00 1,146,186.81 0,00 2,741,851,19 29.5% SilverRock Reserve 0.00 0.00 0.00 0.00 0.0% LO Public Safety Officer 2,000.00 0.00 0.00 2,000 00 0.0% Supplemental Pension Savings Plan 12,833.00 12.832.86 0.00 0.14 100.0% Measure "A" 412,500.00 137,500.00 0.00 275,000.00 33.3% La Quint, Financing Authonty 678,13000 680,067.25 0.00 98.072.75 855% La Quinta Housing Authority 26,181,020.00 25,575,432.10 0.00 605,587.90 977% Successor Agency 6,317,655.00 221,491.72 0.00 6,096,16328 3.5% Successor Agency to Project Area No. 1 55,937,288.00 15.062,003.23 0.00 40,875,284.77 26.9% Successor Agency to Project Area No. 2 23,198,866.00 16,277.456,62 0.00 6,921,40938 70.2% ola nl? GENERAL FUND REVENUES DETAIL 0710112012-10/31/2012 TAXES: Properly Tax No Low Property Tax Distribution Non -RDA Property tax Statutory Tax - LQ Statutory Tax - Riverside Cnty Sales Tax Sales Tax Reimbursement Document Transfer Tax Transient Occupancy Tax Transient Occupancy Tax - Mitigation Measures Franchise Tax TOTALTAXES LICENSE & PERMITS: Business License Animal License Building Permits Plumbing Permits Mechanical Permits Electrical Permits Garage Sale Permits Misc. Permits TOTAL LICENSES & PERMITS FEES: Sale of Maps & Publications Community Services Fees Finance Bldg & Safety Fees Bldg & Safety Lease Revenue SMIP Administration Fees Planning Fees Public Works Fees TOTALFEES ,INTERGOVERNMENTAL Motor Vehicle In -Lieu Motor Vehicle Code Fines Parking Violations Misc. Fines Federal Govt Grants County of Riverside Grant State of California Grant Fire Services Credit - Capital (10150003375010) Fire Services Credit- Oper (10150003375000) CVWD CSA152 Assessment TOTAL INTERGOVERNMENTAL INTEREST MISCELLANEOUS Miscellaneous Revenue AB939 Mitigation Measures Rental income Advertising Coop Cash Over/(Short) TOTAL MISCELLANEOUS TRANSFERIN TOTAL GENERAL FUND ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED 1,764,800.00 129,584.66 1,635,215.34 7.340% 3,922,500.00 304,361.34 3,618,138.66 7.760% 366,000.00 0.00 _ 366,000.00 0.000% 190,000.00 0.00 190,000.00 0.000% 80,000.00 0.00 80,000.00 0.000% 5,987,250.00 728,620.87 5,258,629.13 12.170% 1,995,750.00 0.00 1,995,750.00 0.000% 441,500.00 104,177.28 337,322.72 23.600% 4,800,000.00 432,573.57 4,367,426.43 9.010% 251,000.00 3,336.53 247,663.47 1.330% 1,457,730.00 86,888.68 1,370,841.32 5.960% 21,256,530.00 1,789,542.93 19,466,987.07 8.420% 298,400.00 99,382.20 199,017.80 33.310% 32,300.00 8,710.00 23,590.00 26.970% 188;300.00 81,906.60 106,393.40 43.500% 24,400.00 11,404.50 12,995.50 46.740% 24,800.00 12,609.00 12,191.00 50.840% 25,200.00 11,200.48 13,999.52 44.450% 16,100.00 5,120.00 10,980.00 31.800% 39,900.00 17,183.27 22,716.73 43.070% 649,400.00 247,516.05 401,883.95 38.110% 1,885.00 162.30 1,722.70 8.610% 466,894.00 254,103.94 212,790.06 54.420% 7,800.00 180.00 7,620.00 2.310% 312,588.00 70,781.42 241,806.58 22.640% 73,100.00 25,461.60 47,638.40 34.830% 250.00 71.00 179.00 28.400% 89,522.00 17,201.75 72,320.25 19.220% 320,955.00 121,060.00 199,895.00 37.720% 1,272,994.00 489,022.01 783,971.99 38.420% 3,315.000.00 22,771.13 3,292,228.87 0.690% 112,900.00 12,272.47 100,627.53 10.870 % 42,900.00 9,121.66 33,778.34 21.260% 152,900.00 25,001.88 127,898.12 16.350% 12,900.00 17,693.00 (4,693.00) 136.380% 0.00 0.00 0.00 0.000% 5,207.00 2,070.16 3,136.84 39.760% 0.00 0.00 0.00 0.000% 5,248,914.00 0.00 5,248,914.00 0.000% 16.800.00 0.00 16,800.00 0.000% 253,000.00 259 859.16 (5 859.16) 102.320% 9,160.521.00 347,689.46 8,812.831.54 3.800% 444,900.00 49,659.30 395,240.70 11.160% 16,400.00 (17,375.83) 33,775.83 -105.950% 92,400.00 0.00 92,400.00 0.000% 0.00 0.00 0.00 0.000% 25,000.00 0.00 25,000.00 0.000% 25,000.00 2,100.00 22,90000 8.400% 000 1500 (1506) 0.000% 158,800.00 (15,260.83) 174,060.83 -9.610% 151,541.00 41,866.02 109,674.98 27.630% 33,094,686.00 2.950,034.94 30,144,651.06 8.910% CITY OF LA GUINTA GENERAL FUND EXPENDITURE SUMMARY BY DEPARTMENT 07/0112012-10/312012 ADJUSTED 10/31/12 REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET PERCENTAGE GENERAL GOVERNMENT: LEGISLATIVE 745,75900 189,090.97 0.00 556,668.03 25.W% CITY MANAGER'S OFFICE 576.536.00 157,085.52 0.00 419.450 48 27.25% DEVELOPMENT SERVICES 1,149,565.00 432,782.38 0,00 716,782.62 37.65% MANAGEMENT SERVICES 1,185277.00 111463.25 000 77381375 3471% TOTAL GENERAL GOVERNMENT 3,65],137.00 1,190,422.12 0.00 2,466:714.88 32.55% CITY CLERK 591,032.00 123,092.58 0.00 46793942 2083% TOTAL CITY CLERK 591,032.00 123,692.58 6,00 467,939.42 20.83% COMMUNITY SERVICES PARKS 8 RECREATION ADMINIS 1,061,162.00 366,160.91 0.00 695,001.09 34.51% SENIORCENTER 414,564.00 109,078.07 0.00 305,485.93 26.31% PARKS S RECREATION PROGRA 197,734.00 55,497.57 0.00 142,236.43 28.07% LIBRARY 1,426,558.00 234,199.07 0.00 1.192.350.93 1642% PARK MAINTENANCE 1,587,298.00 446,221.98 0.00 1.141.076.02 28,11% MUSEUM 270,040.00 52,'I'll 0.00 217938.46 19,29% TOTAL COMMUNITY SERVICES 4,957,356.00 1,263,25944 0.00 3,694,096.88 25.48% FINANCE: BUILDING S SAFETY: POLICE: FISCAL SERVICES 968,281.00 371,472.91 0.00 596.808.09 38.36% CENTRAL SERVICES 308,979.00 81,IN 1 0,00 227.784.59 2628% TOTAL FINANCE 1,277,260.00 452,667.32 0,00 824,592.68 35.44% BUILDING B SAFETY -ADMIN 290,307.00 88.89678 0.00 201,410.22 30.62% BUILDING 544,612.00 191,466.16 0.00 353,146.84 35.16% CODE COMPLIANCE 1,041,953.00 310.190.90 0.00 731.762.10 29.77% ANIMAL CONTROL 454.210.00 123,811.19 0.00 330.398.81 2726% FIRE 4.986.904.00 36,115.09 0.00 4,951,788.91 0.70% EMERGENCY SERVICES 217.422.00 51,780.31 0,00 165,641.69 23.82% CIVIC CENTER BUILDING -OPERA 1,234,754.00 720,719.57 0.00 514,034.43 58.37% TOTAL BUILDING 3 SAFETY 8770,16200 - 1,521,979.00 0.00 7,248.183.00 1735% POLICE SERVICES 12,753,656.00 1,814,463.95 0.00 10,939,192.05 14.23% TOTAL PUBLIC SAFETY 12,753,656.00 1,814,463.95 0.00 10,939.192.05 14.23% PLANNING: PLANNING-ADMIN 832,287.00 254.092.47 0.00 578.194.53 30.53% CURRENT PLANNING 666,884.00 205,846.91 0.00 461,037.09 W.87% TOTAL COMMUNITY DEVELOPMENT 1,499,171.00 459,939.W 0.00 1.039.231.62 30.68% PUBLIC WORKS: PUBLIC WORKS ADMINISTRATIC 527,256,00 144,428.53 0.00 382,827,47 27.39% DEVELOPMENT B TRAFFIC 627,580.00 170,633,02 0.00 456,946.98 27A9% MAINT/OPERATIONS- STREETS 1.472,683.00 422,779,73 8,838.01 1.041.065.26 28.71% MAINT/OPERATIONS- LTG/LAND 1,453,212.00 386,837.72 2,475.00 1,063,899.28 26.62% CONSTRUCTION MANAGEMENT 1,520,895.00 397,884.67 6,086.79 1,116,923.51 26.16% TOTAL PUBLIC WORKS 5,601,626.00 1.522,563.67 17,399.80 4,061,662.53 27AB% TRANSFERS OUT 2,094,807.00 128,848.11 0.00 1.965,958.89 6.15% GENERAL FUND REIMBURSEMENTS (5,509,476.00) (1,752,179,35) 0.00 (3,757,296.65) 31.80% NET GENERAL FUND EXPENDITURES 35,692,731.00 6,725,055,92 17,399.80 28,950,275.28 18.84% 014 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL LIBRARY: County of Riverside Contributions Interest TOTAL LIBRARY GAS TAX REVENUE: Section 2105 Section 2106 Section 2107 Section 2107.5 Section 2103 Traffic Congestion Relief Interest TOTAL GAS TAX FEDERAL ASSISTANCE REVENUE: CDBG Grant Federal Stimulus Interest TOTAL FEDERAL ASSISTANCE JAG GRANT Grant Revenue Interest TOTAL JAG GRANT SLESF(COPS)REVENUE: SLESF (Cops) Funding Interest TOTAL SLESF(COPS) INDIAN GAMING Grant revenue Interest TOTAL INDIAN GAMING LIGHTING & LANDSCAPING REVENUE: Assessment Developer Interest TOTAL LIGHTING & LANDSCAPING RCTC RCTC Funding Transfer in TOTAL RCTC DEVELOPMENT AGREEMENT FUND Mitigation Measures Interest Transfer in TOTAL DEV AGREEMENT 0710112012 .1013112012 ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED 2,043,367.00 0.00 2,043,357.00 0.000% 0.00 0.00 0.00 0.000% 6.600.00 746.98 5,853.02 11.320% 2,049,957.00 746.98 2,049,210.02 0.040% 205,200.00 50,609.95 154,590.05 24.660% 128,600.00 35,378.74 93,221.26 27.510% 273,100.00 85,303.02 187,796.98 31.240% 6,000.00 0.00 6,000.00 0.000% 381.800.00 78,785.49 303,014.51 20.640% 0.00 0.00 0.00 0.000% 200.00 16.64 183.36 8.320% 994,900.00 250,093.84 744,806.16 25.140% 300,350.00 0,00 - 300,350.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 300,350.00 0.00 300,350.00 0.000% 12,034.00 8,723.14 3,310.86 72.490% 0.00 0.00 0.00 0.000% 12,034.00 8,723.14 3,310.86 72.490% 0.00 0.00 0.00 0.000% 0.00 8.53 (8.53) 0.000% 0.00 8.53 (8.53) 0.000% 105,844.00 0.00 105,844.00 0.000% 0.00 0.00 0.00 0.000% 105,844.00 0.00 105,844.00 0.000% 960,000.00 22,774.13 937,225.87 2.370% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0,000% 960,000.00 22.774.13 937,225.87 2.370% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL 07101/2012-1013112012 ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED CRIME VIOLENT TASK FORCE Member Contributions - Carryover Grant revenue - JABG CLET Line Interest TOTAL CRIME VIOLENT TASK FORCE ASSET FORFEITURE Interest State Adjudicated Federal Adjudicated TOTAL ASSET FORFEITURE AB 939 REVENUE: AB 939 Fees Interest Transferin TOTAL AB 939 QUIMBY REVENUE: Quimby Fees Donations Interest TOTAL QUIMBY INFRASTRUCTURE REVENUE: Utility refund Interest Transfer in TOTAL INFRASTRUCTURE PROPOSITION 1 B - S81266 Prop 1B Grant Interest TOTAL PROPOSITION 1 B SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution MSRC Funding Street Sweeping Grant Interest TOTAL SCAQ CMAQnSTEA State Grants Interest Transfer in TOTAL TRANSPORTATION TRANSPORTATION Developer fees Interest Donations Transfer in TOTAL TRANSPORTATION PARKS & RECREATION Developer fees Interest Transfer in TOTAL PARKS & RECREATION 29,952.00 19,968.00 9,984.00 66.670% 198,595.00 0.00 198,595.00 0.000% 1,700.00 0.00 1,700.00 0.000% 100.00 0.00 100.00 0.000% 230,347.00 19,968.00 210,379.00 8.670% 0.00 4.25 (4.25) 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.U0 4.25 0.00 0.00 0.00 0.000% 0.00 429.20 3,870.80 9.980% n on n n0 0.00 0.000% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.000% 100.00 126.07 (26.07) 126.070% 0.00 0.00 0.00 0.000% 10000 126.07 (26.07) 126.070% 287,307.00 0.00 287,307.00 41,200.00 11,718.03 29,481.97 28.440% 375,500.00 0.00 375,500.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 441,500.00 188,762.57 252,737.43 42.750% 1,800.00 1,482.83 317.17 82.380% 80,000.00 0.00 80,000.00 0.000% Ann n nn 0.00 0.000% 89,200.00 27,531.00 61,669.00 30.860% 0.00 0.00 0.00 0.000% n16 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL 0710112012-'1013112012 ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED CIVIC CENTER Developer fees Interest Transfer in TOTAL CIVIC CENTER LIBRARY DEVELOPMENT Developer fees Interest Transferin TOTAL LIBRARY DEVELOPMENT COMMUNITY CENTER Developer fees Interest TOTAL COMMUNITY CENTER STREET FACILITY Developer fees Interest Transfer In TOTAL STREET FACILITY PARK FACILITY Developerfees Interest TOTAL PARK FACILITY FIRE PROTECTION FACILITY Developer fees Interest TOTAL FIRE PROTECTION FACILITY ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places Arts in Public Places Credits Applied Insurance Recoveries Donations Interest TOTAL ARTS IN PUBLIC PLACES INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest Transfer In TOTAL INTEREST ALLOCATION 127,600.00 35,040.33 92,559.67 27.460% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 127,600.00 35,040.33 92,559.67 27.460% 35,500.00 6.869.00 28,631.00 19.350% 0.00 0.00 0.00 0.000% 7,400.00 1,810.00 5,590.00 24.460% 6,000.00 565.03 5,434.97 9.420% 13,400.00 2,375.03 11.024.97 17.720% 17.800.00 8,044.44 9,755.56 45.190% 0.00 0.00 0.00 0.000% 2,200.00 569.25 1,630.75 25.880% 20,000.00 8,613.69 11,386.31 43.070% 2,200.00 759.00 1,441.00 34.500% 0.00 0.18 (0.18) 0.000% 2,200.00 759.18 1,440.82 34.510% 29,800.00 15,963.20 13,836.80 53.570 % 0.00 0.00 0.00 0.000% 29.800.00 15,963.20 13,836.80 53.570% 97,500.00 27,214.64 70,285.36 27.910% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 14,000.00 (14,000.00) 0.000% 2,300.00 420.21 1,879.79 18.270% 99,800.00 41,634.85 58.165.15 41.720% 0.00 47,564.78 (47,564.78) 0.000% 0.00 0.00 0.00 0.000% 0.00 47,564.78 (47,564.78) 0.000% 017 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL CAPITAL IMPROVEMENT FUND: CVAG CVWD County of Riverside Surface Transportation Funding City of Indio LQAF IID RCTC Vista Dunes Housing LLP SB821-Bicycle Path Grant State of California APP Contribution Developer Agreement Funding Litigation Settlements Transfers in From Other Funds TOTAL CIP REVENUE EQUIPMENT REPLACEMENT FUND: Equipment Charges Capital Contribution Sale of Fixed Asset Insurance Recoveries Interest Transfers In TOTAL EQUIPMENT REPLACEMENT 07/0112012-10131/2012 ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED 2,801,665.00 0.00 2,801,665.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 17,913,052.00 138,754.27 17,774,297.73 0.770% 0.00 0.00 0.00 0.000% 54,000.00 0.00 54,000.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 781,869.00 66.021.97 715,847.03 8.440% 0.00 0.00 0.00 0.000% 81,013.628.00 26,565,727.16 54,447,900.94 32.790% 102,564,214.00 26,770,503.40 75,793.710.60 42.000% 584.824.00 194.941.08 389,882.92 33.330% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 7,300.00 986.49 6,313.51 13.510% 0.00 0.00 0.00 0.000% 592,124.00 195,927.57 396,196.43 33.090% INFORMATION TECHNOLOGY FUND: Charges for services 491,581.00 163,860.00 327,721.00 33.330% Capital Contribution 0.00 0.00 0.00 0.000% Sale of Fixed Asset 0.00 0.00 0.00 0.000% Interest 4,200.00 509.07 3,690.93 12.120% Transfers In 0.00 0.00 0.00 0.000% TOTAL INFORMATION TECHNOLOGY 495,781.00 164,369.07 331.411.93 33.150% PARK EQUIPMENT & FACILITY Charges for services Interest Capital Contributions TOTAL PARK EQUIPMENT & FAC SILVERROCK GOLF Green fees Range fees Resident Card Merchandise Food & Beverage Allocated Interest Income Insurance Recoveries Transfers In TOTAL SILVERROCK GOLF SILVERROCK GOLF RESERVE Interest Transfers In TOTAL SILVERROCK GOLF LQ PUBLIC SAFETY OFFICER FUND Transfer In Interest TOTAL LO PUBLIC SAFETY SUPPLEMENTAL PENSION SAVINGS PLAN Contributions Interest TOTAL SUPPLE PENSION SAVINGS PLAN 502,523.00 167,507.68 335,015.32 33.330% 9,700.00 346.96 9,353.04 3.580% 0.00 0.00 0.00 0.000% 512,223.00 167,854.64 344,368.36 32.770% 3,350,773.00 349,412.41 3,001,360.59 10.430% 159,973.00 11,442.00 148,531.00 7.150% 120,000.00 26,520.00 93,480.00 22.100% 311,048.00 34,014.71 277,033.29 10.940% 12,000.00 0.32 11,999.68 0.000% 0.00 0.00 0.00 0.000% 89,123.00 89,122.63 0.37 100.000% 0.00 0.00 0.00 0.000% 4,042,917.00 510,512.07 3,532,404.93 12.630% 2,200.00 205.13 1,994.87 9.320% 67,015.00 0.00 67,015.00 0.000% 69.215.00 205.13 69,009.87 0,300% 2,000.00 2,000.00 0.00 100.000% 0.00 0.00 0.00 0.000% n nn A9 AS A17 54 9.160% .)1.. 018 MEASURE"A" Measure A Sales Tax 412.500.00 0.00 412,500.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL MEASURE "A" 412,500.00 0.00 412,500.00 0.000% �19 CRY OF LA OUINTA OTHER CITY FUNDS ADJUSTED 10131112 REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET PERCENTAGE LIBRARY FUND INTERESTADVANCE 0.00 0.00 0.00 0.00 0.00% CAPITAL PURCHASES 0.00 0.00 0.00 0.00 0.00% REIMBURSE GENERAL FUND 1,696.598.00 702,582.00 0.00 994,016.00 41.41% TRANSFER OUT 221,279.00 0.00 0.00 221,279.00 0.00% TOTAL LIBRARY FUND GAS TAX CONTRACT SERVICES 0.00 0.00 0.00 0.00 0.00% REIMBURSE GENERAL FUND 994,900.00 331,63200 0.00 663,265O0 33.33% TRANSFER OUT 0.00 0.00 0.00 0.00 0.00% TOTAL GAS TAX FUND FEDERAL ASSISTANCE FUND: TRANSFER OUT 274,985.00 2,098.64 272,886.36 0.76% TOTAL FEDERAL ASSISTANCE FUND JAG GRANT TRANSFER OUT TOTAL JAG GRANT 12,033.00 8,723.14 0.00 3,309.88 7249% SLESF (COPS) TRANSFER OUT TOTAL SLESF (COPS) FUND 0.00 0.00 0.00 0.00 0.00% INDIAN GAMING FUND TRANSFER OUT 118,30&00 0.00 0.00 118,308.00 000% TOTAL INDIAN GAMING FUND LIGHTING S LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 960,000.00 320.000.00 0.00 640,000.00 33.33% TRANSFER OUT 0,00 000 0.00 0.00 0.00% TOTAL LTGILANDSCAPING FUND RCTC TRANSFER OUT 0,00 0.00 0.00 0.00 0.00% TOTAL RCTC DEVELOPMENT AGREEMENT FUND CONSTRUCTION 0.00 0,00 0,00 - 0.00 0.00% REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00 0.00% TRANSFER OUT 0.00 0.00 0.00 0.00 0.00% TOTAL DEV AGREEMENT FUND CRIME VIOLENT TASK FORCE OPERATING EXPENSES 68,490.00 21,189.41 0.00 47,300.59 30.94% TRANSFER OUT 0.00 0.00 0.00 0.00 0.00% TOTAL CRIME VIOLENT TASK FORCE AS 939 OPERATING EXPENSES REIMBURSE GENERAL FUND TRANSFER OUT GUIMBY FUND: CONTRACT SERVICES REIMBURSE DEVELOPER FEES TRANSFER OUT INFRASTRUCTURE FUND CONSTRUCTION REIMBURSE GENERAL FUND TRANSFER OUT TOTAL 34,884.00 5,625,00 2,000.00 27.259.00 16,12% 73,625.00 24.544.00 0.00 49.081.00 33.34% 199 490.00 0 00 0.00 199.490.00 0.00% TOTAL AB 939 200,000.00 0.00 0.00 200,000.00 0.00% 000 0.00 0.00 0.00 0.00% 8,998,032.00 1.552.25 0.00 8,996,479,75 0,02% TOTAL GUIMBV 0.00 0.00 0,00% 0.00 0.00% '4.00 0.00% o 2 0 CITY OF LA OUINTA OTHER CRY FUNDS ADJUSTED 10/31/2012 REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET PERCENTAGE PROPOSITION 18 - SB 1266 TRANSFER OUT TOTAL PROPOSITION 1 B FUND 287,307.00 188,928,20 0.00 98.378,80 65.76% SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 40,200.00 7.030.82 0.00 33,169.18 17.49% TRANSFER OUT 375,500.00 0.00 000 375500.00 0.00% TOTAL SOUTH COAST AIR QUALITY CMAQ PROJECT EXPENDITURES 0.00 0.00 0.00 0.00 0.00% TRANSFER OUT 0.00 0.00 0.00 0.00 0.00% TOTAL CMAO TRANSPORTATION PROGRAM COSTS 000 0.00 0.00 0.00 0.00% INTEREST ON ADVANCE 19,500,00 8.798.55 0.00 10,701,45 45.12% CONTRIBUTION 0.00 0.00 0.00 0.00 0.00% TRANSFER OUT 2,746,695.00 942.887.38 0.00 1,803.757.62 34.33% TOTAL TRANSPORTATION 2.766.145.00 ON PARKS S RECREATION INTEREST ON ADVANCE 6,000.00 1,236.86 0.00 4,763.14 20.61% TRANSFER OUT 0.00 0.00 0.00 0.00 0.00% ' TOTAL PARKS 8 RECREATION CIVIC CENTER SERVICES 0.00 0.00 0.00 0.00 0.00% INTEREST ON ADVANCE 35,000.00 7.641.12 0.00 27,358.88 21.83% REIMBURSE GENERAL FUND 201,939.00 67,312.00 0.00 134,627.D0 33.33% TRANSFER OUT 0.00 0.00 0.00 0.00 0.00% TOTAL CIVIC CENTER LIBRARY DEVELOPMENT PROGRAM COSTS 0.00 0.00 0.00 000 0.00% INTEREST ON ADVANCE 9.400.00 1.943.68 0.00 7,456.32 20.68% TRANSFER OUT 0.00 0.00 0.00 000 0.00% TOTAL LIBRARY DEVELOPMENT COMMUNITY CENTER PROGRAM COSTS 0.00 0.00 000 0.00 0.00% TRANSFER OUT 0.00 0.00 0.00 0.00 0.00% TOTAL COMMUNITY CENTER - STREET FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.00 0.00% INTEREST ON ADVANCE 10.000.00 2,110.54 0.00 7,889.46 21.11% TRANSFER OUT 0.00 0.00 0.00 0.00 0.00% TOTAL STREET FACILITY PARK FACILITY PROGRAM COSTS 0.00 0.00 - 0.00 0.00 0.00% TRANSFER OUT 2,200.00 569.25 0.00 1,630.76 25.88% TOTAL PARK FACILITY FIRE PROTECTION - INTERESTONADVANCE 4,700.00 954.58 0.00 3,745,12 20.31% TRANSFER OUT 000 0.00 0.00 0.00 0.00% TOTAL FIRE PROTECTION DIF ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 20.000.00 5,603.12 0.00 14,396.88 28.02% OPERATING EXPENSES-APP 4.700.00 26.94 0.00 4,673.06 0,57% ART PURCHASES 111.500.00 1,042.39 0.00 110,457.61 0.93% TRANSFER OUT 400.000.00 0.00 0.00 400,000.00 0.00% TOTAL ART IN PUBLIC PLACES INTEREST ALLOCATION FUND TRANSFER OUT 000 33112.88 0.00 3( 3142.881 TOTAL INT ALLOC FUND ��2�9�0 00 CITY OF LA QUINTA OTHER CITY FUNDS EXPENDITURE SUMMARY ADJUSTED 10/31/2012 REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET PERCENTAGE CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 101,853,201.00 26,754,862.05 0.00 75,098,338.95 26.27% PROJECT REIMBURSEMENTS TO GEN FUND 711,013.00 15,641.35 0.00 695.371.65 2.20% TRANSFER OUT 0.00 0.00 0.00 0.00 0.00% TOTAL CAPITAL IMPROVEMENT EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 410.516.00 65,204.16 000 345,311.84 15.88% DEPRECIATION EXPENSES 171.701 00 0.00 0.00 171,701.00 0.00% CAPITAL PURCHASES 0.00 0.00 000 0.00 0.00% TRANSFER OUT 0.00 0.00 0.00 0.00 0.00% TOTAL EQUIPMENT REPLACEMENT FUND INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 363,263.00 152,460.55 0.00 210,802.45 41.97% DEPRECIATION EXPENSES 78,686.00 0.00 0.00 78.586.00 0.00% CAPITAL PURCHASES 106,000.00 2,901.31 0.00 103.098.69 2.74% TOTAL INFORMATION TECHNOLOGY PARK MAINTENANCE FACILITY OPERATING EXPENSES 50,000.00 0.00 0.00 50.000.00 0.00% DEPRECIATION EXPENSES 502.523.00 0.00 0.00 502.523.00 0.00% CAPITAL PURCHASES 0.00 0.00 000 0.00 0.00% TRANSFER OUT 0.00 000 0.00 0.00 0.00% TOTAL PARK MAINTENANCE FAC SILVERROCK GOLF OPERATING EXPENSES 3,821,023.00 1,146,166.81 0.00 2.674.836. 19 30.00% TRANSFER OUT ":*No 0.00 0.00 67.015.00 0.00% TOTAL SILVERROCK GOLF 29A8% SILVERROCK GOLF RESERVE TRANSFER OUT 0.00 0.00 0.00 0.00 0.00% TOTAL SILVERROCK GOLF RESERVE LA QUINTA PUBLIC SAFETY CONTRIBUTIONS TAL LA QUINTA PUBLIC SAFETY 2,000.00 0.00 0.00 2.000.00 0,00% SUPPLEMENTAL PENSION SAVINGS PLAN CONTRACT SERVICE ENTAL PENSION SAVINGS PLAN 12,833.00 12,832.86 0.00 0.14 100.00% MEASURE"A" REIMBURSE GENERAL FUND 412,500.00 137,500.00 0.00 275,000.00 33.33% TOTAL MEASURE "A" 33,33% 022 w4t (t 4 Xfv Qum Ary IT SAMARA MEETING DATE: December 18, 2012 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Annual District Information Sheets for the City of La Quinta Assessment District No. 97-1 CONSENT CALENDAR: A - for Fiscal Year Ended June 30, 2012 STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Approve, receive and file the Annual District Information Sheets for the City of La Quinta Assessment District No. 97-1 for Fiscal Year Ended June 30, 20121. EXECUTIVE SUMMARY: The City is required to prepare and disseminate Disclosure Information Sheets to the investment community annually (Attachment 1). FISCAL IMPACT: None. BACKGROUND/ANALYSIS: In an effort to monitor the condition of the City-wide Assessment Districts and to report to the investment community the status of the City Assessment Districts, district information sheets have been prepared. Based upon staff review of the Disclosure Information Sheets and discussions with Willdan Financial Services who prepared the documents, adequate reserves are expected to be available to meet debt service payments in Fiscal Year 2012/2013. It is important to note that the City has continued to pay debt service to the bondholders who invested in these bonds during Fiscal Year 2011/2012. 023 ALTERNATIVES: No recommended alternatives at this time. Respectfully submitted, Robbeyn Bird, Finance Director Attachment: 1. Fiscal Year 201 1 /2012 District Information Sheets for the City of La Quinta Assessment District No.97-1 4 024 District Information Sheet ATTACHMENT 1 Assessment District No. 97-1 City of La Quinta, Riverside County, CA BOND STATUS as of December 4, 2012 DISTRICT STATUS Outstanding Principal: $240,000.00 Annual Debt Service For Amount 2012 $ 50,400.00 2013 $ 48,440.00 No. of Fiscal Amount Percent Parcels Range of Annual Assessments Year Assessment Delinquent Delinquent Delinquent for Fiscal Year 2012/13 2011112 $64,306.22 $1,262.20 1.96% 2 Highest Annual Assessment Per Parcel: $657.86 Lowest Annual Assessment Per Parcel: $342.64 Average Annual Assessment Per Parcel: $642.85 BOND SUMMARY INFORMATION Original Issue Amount (Par) $745,000.00 Final Maturity: September 2, 2018 Date of Issuance December 3, 1998 Bond Call Notice (days) 30 Coupon Payment Dates March 2, September 2 DISTRICT SUMMARY INFORMATION Overall Assessed Value / Lien Ratio 75.03 Total Assessed Improvements $17,790,935.00 Total Assessed Value $23,328,306.00 Total Assessed Land $5,537,371.00 Type of Improvements The project consists of the installation and construction of roadway, off -site sewer, water and landscape and irrigation improvements. ACTIVE PARCEL INFORMATION as of 07/01/12 Number Percentage of Percentage of Annual Category of Parcels Total Parcels Assessment Improved Parcels 105 100.00% 100.00% Unimproved Parcels 0 0.00 % 0,00% Total 105 100.00% 100.00% FUND BALANCE INFORMATION Fund As of Date Balance Type of Investment Funds Administered By Redemption Fund September 30, 2012 $29,043.80 Held By City Reserve Fund September 30, 2012 $55,996.52 Held By City Approx. Reserve Requirement: $50,040.00 All assessed values are based on data obtained from the applicable county. The information pertaining to the District and its underlying security has been obtained by Willdan Financial Services from sources believed to be reliable, but is not guaranteed as to accuracy or completeness. The release of this information is not intended to be, and should not be construed as, an endorsement of such security nor a recommendation to purchase, sell or hold such security. Compiled by: Willdan Financial Services 27368 Via Industria, Suite 110 Temecula, CA 92590 (951) 587-3500 www.wilidan.com Page 1 of 2 $ 025 District Information Sheet Assessment District No. 97-1 City of La Quinta, Riverside County, CA OUTSTANDING DELINQUENCY INFORMATION as of 09/05/12 Total Delinquencies Delinquency Rate Delinquent No. Tax Year Assessment (current) (current) of Parcels 2007/08 $63,150.20 $0.00 0.00% 0 2008/09 $65,003.30 $0.00 0.00% 0 2009/10 $64,178.40 $0.00 0.00% 0 2010/11 $61,763.76 $0.00 0,00% 0 2011/12 $64,306.22 $1,262.20 1.96% 2 PARCEL OWNERS (REPRESENTING 5% OR MORE OF TOTAL ASSESSMENT) based on County Property Data as of 07/01/12 Number % of Total Annual Assessment % of Annual Assessed Owner of Parcels Parcels for Fiscal Year 2011112 Assessment Value There are currently no parcel owners representing 5% or more of the total assessment. Aggregate inhemation for each owner listed is based on owner name as shown on the applicable secured roll maintained by the county Accordingly, variations In the owner name shown on the secured roll may cause multiple listings for the same oymer odor the data to be Incomplete. CALL PROVISIONS Optional Redemption: 30 day notice is required to Bondowners. No redemption premium for remaining years. PRINCIPLE UNDERWRITER Miller and Schroeder Financial, Inc. Solana Beach, CA VALUE TO LIEN RATIO: as of 07/01/12 % of Total Value to Lien No. of % of Aggregate Remaining Remaining Ratio Parcels Total Parcels Assessed Value Assessment Lien t11 Principal 100:1 and Above 5 4.76% $1,157,026.00 $7,733.40 2.48% 75:1 to 99.99:1 50 47.62% 12,101,935.00 151,593.00 48.76% 50:1 to 74.99:1 50 47.62% 10,069,345.00 151,593.00 48.76% 25:1 to 49.99:1 0 0.00% 0.00 0.00 0.00% Less than 25:1 0 0.00% 0.00 0.00 0.00% Total 105 100.00% $23,328,306.00 $310,919.40 100.00% ' Remaining Assessment Lien is reduced by any principal amounts included on the 2012113 Annual Assessment. All assessed values are based on data obtained from the applicable county. The information pertaining to the District and its underlying security has been obtained by Willdan Financial Services from sources believed to be reliable, but is not guaranteed as to accuracy or completeness. The release of this information is not Intended to be, and should not be construed as, an endorsement of such security nor a recommendation to purchase, sell or hold such security. Compiled by: Willdan Financial Services 27368 via Industda, Suite 110 Temecula, CA 92590 (951) 587-3500 www.vAlidan.com Page 2 of 2 n 2`6 FOE`y OF 7t1E9 AGENDA CATEGORY: �A/HAXA MEETING DATE: December 18, 2012 BUSINESS SESSION: ITEM TITLE: Annual Continuing Disclosure for the City CONSENT CALENDAR: of La Quinta 2000-1 Assessment District for Fiscal Year Ended June 30, 2012 STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Approve, receive and file the Annual Continuing Disclosure for the City of La Quinta 2000-1 Assessment District for Fiscal Year Ended June 30, 2012. EXECUTIVE SUMMARY: In November 1994, the Securities and Exchange Commission adopted Rule 15c2- 12 for bonds issued after July 3, 1995 requiring the City to file disclosure statements annually (Attachment 1). FISCAL IMPACT: None. BACKGROUND/ANALYSIS: On November 10, 1994, the Securities and Exchange Commission amended federal regulations (Rule 15c2-12) for bonds issued after July 3, 1995, requiring issuers of municipal securities (bond issues) to do the following annually for each bond issue: 1. Prepare official statements meeting the content requirement of Rule 15c2- 12. 2. File certain financial information and operating data with national and state repositories each year. 3. Prepare announcements of the significant events including payment defaults, defeasances and draws on a reserve fund as the events occur. + r27 Attachment 1 is the Fiscal Year 2011 /2012 Annual Continuing Disclosure Statement for the City of La Quinta 2000-1 Assessment District prepared in accordance with the three aforementioned requirements. Additionally, no announcement of significant events was necessary for Fiscal Year 201 1 /2012. It is important to note that the City has continued to pay debt service to the bondholders who invested in these bonds. In addition, adequate reserves are expected to be available to meet debt service payments in Fiscal Year 2012/2013. ALTERNATIVES: No recommended alternatives at this time. Respectfully submitted, Robbbeyr>uBird, �Finance Director Attachment: 1. Fiscal Year 201 1 /2012 Annual Continuing Disclosure Statement for the City of La Quinta 2000-1 Assessment District 0,28 14 1 1 mt.r71vlCly 1 1 Ity o La QuInta , -Ass essment District No, 000-1 (Phase V1 ImprovementQ , $2,2 5,000 x Limited Obligation provenle"'t ; _Bonds :u :Riverside County, California = Dated: June 21, 2000 q s° $'* CUSIP:504193 r rt 1j2012 ANNUAL CONTINUING DISCLOSURE _ter � JNFGWATION STATEMENT Fs. t .` t ' QP DECEMBER 4 2012 y . WIL, Firfi&Ial Services ` + Copyright, American Bankers Association ,CUSIP data is providecOby Standard and Poor's, CUSIP Service Bureau; a division ot'The McQtaw-Hill Companies, Inc. This data isnot intended to create a database and does not serve in any way as a substitute,for the CUSIP service. The issuar takes no responsibility for the accuracy of such . number. ° A 2 9 City of La Quinta Assessment District No. 2000-1 DISTRICT PARTICIPANTS .e r , � �'" 'DISTRICT ADMINISTRATOR „ e. - •e �e .m .9� Y.,5'Xt✓z.a 1Ra. F".... x In its role as Disclosure Consultant, Willdan Financial Services has not passed upon the accuracy, completeness or fairness of the statements contained herein. 4 030 s WILLDAN :._.. FinancW Services /, INTRODUCTION Pursuant to an Official Statement dated June 21, 2000, the City of La Quinta, ("City") issued $2,285,000 Assessment District No. 2000-1 (Phase VI Improvements) ("District"), Limited Obligation Improvement Bonds ('Bonds"). The Bonds were issued to finance the construction and acquisition of sewer improvements within the areas commonly known as Village Cove, Westward Ho Drive and Bottlebrush/ Sagebrush/Saguaro Streets, which are located within the Assessment District. The City, which comprises approximately 35.31 square miles, is located in the Coachella Valley, twenty miles from Palm Springs and 127 miles from Los Angeles. The District includes three non-contiguous areas in the City. The three areas are the Village Cove section, Westward Ho Drive, and Bottlebrush/Sagebrush/Saguaro Streets. The Village Cove Section is generally located in the area bounded by Calle Tampico on the north, Calle Sinaloa on the south, Washington Street on the east, and Eisenhower Drive on the west. The Westward Ho Drive Area is bounded by Dune Palms Road on the west, Jefferson Street on the east, Westward Ho Drive on the north, and the Coachella Valley Water District (CVWD) Stormwater Channel on the south. The Bonds are limited obligation improvement bonds secured by unpaid assessments on the properties in the District. The Bonds are not a debt of the City, the State of California, or any of its political subdivisions and neither the City, the State of California, nor any of its political subdivisions is liable. The Bonds do not constitute indebtedness within the meaning of any constitutional or statutory debt limit or restriction. This Annual Continuing Disclosure Information Statement is being provided pursuant to a covenant made by the Agency for the benefit of the holders of the Bonds and includes the information specified in a Continuing Disclosure Certificate. For further information and a more complete description of the City and the Bonds, reference is made to the Official Statement. The information set forth herein has been furnished by the City and by sources, which are believed to be accurate and reliable but is not guaranteed as to accuracy or completeness. Statements contained in this Annual Continuing Disclosure Information Statement which involve estimates, forecasts, or other matters of opinion, whether or not expressly so described herein, are intended solely as such and are not to be construed as, representations of fact. Further, the information and expressions of opinion contained herein are subject to change without notice and the delivery of this Annual Continuing Disclosure Information Statement will not, under any circumstances, create any implication that there has been no change in the affairs of the City or any other parties described herein. Fiscal Year 201112012 City of La Quinta, Assessment District 2000-1 Q31 WILLDAN Financial Services !l, BOND INFORMATION A. PRINCIPAL OUTSTANDING 'Fund Balances rounded to nearest dollar C. ADDITIONAL DEBT There is no additional debt authorized by the City and payable from or secured by assessments or special taxes with respect to property within the District. Fiscal Year 2011/2012 City of La Quinta, Assessment District 2000-1 2 032 WfFinanWILLDAN cial Services ///. OPERATING INFORMATION A. PARCEL INFORMATION BY ZONING The following table sets forth a summary of parcel information by zoning for Fiscal Year 2012/2013. (1) Structure Value includes only miscellaneous structures. (2) The Remaining Assessment Lien is higher than the Principal Outstanding due to Bond Calls performed with prepaid assessments and surplus funds. Note: Twenty-eight (28) City -owned parcels were paid off by The City. A Bond Call will be performed in March, 2013 due to these prepayments. Development Status is based on County Land Use Codes and Structure Value. Source: Riverside County 2012/13 Secured Property Roll, as compiled by Willdan Financial Services. B. PARCEL INFORMATION BY DEVELOPMENT STATUS The following table sets forth a summary of parcel information by development status for Fiscal Year 2012/2013. /rl Structure Value includes only miscellaneous structures. Is) The Remaining Assessment Lien is higher than the Principal Outstanding due to Bond Calls performed with prepaid assessments and surplus funds. Development Status is based on County Land Use Codes and Structure Value. Source: Riverside County 2012/13 Secured Property Roll, as compiled by Willdan Financial Services. Fiscal Year 201112012 City of La Quinta, Assessment District 2000-1 r33 WILLDAN Financial Services The reduction in total assessed value in AD 2000-1 is due to the annual review of the Riverside County Assessor to reflect taxable values accurately in consideration of recent market declines. Under Proposition 13, real property is reappraised only when a change -in - ownership occurs, or when new construction takes place. Generally, a change in ownership is a sale or transfer of property, while new construction is any improvement to property which is not considered normal maintenance. Except for these two instances, property assessments cannot be increased by more than 2% annually. Revenue and Taxation Code Section 51 requires the assessor to enroll the lower of either the property's Factored -Base -Year Value (established under Proposition 13) or its market value as of the lien date (January 1). This reduction is temporary and the assessor is required to review the market value of the property each lien date after the reduction until such time as the Factored -Base -Year Value is less than or equal to the market value. When the Factored -Base -Year Value is again enrolled, the property is no longer subject to the annual review, and will receive indexing not to exceed 2% per year. C. DELINQUENCY SUMMARY The following table sets forth a summary of the delinquent Annual Assessments within the District. c11 Amount delinquent as of September 5, 2012. Source: Riverside County Tax Collector, as compiled by Willden Financial Services. There are currently no delinquent parcel owners representing 5% or more of the total assessment. Fiscal Year 201112012 City of La Quinta, Assessment District 2000-1 r'34 WILLDAN s Financial Services 100 to 1 D. VALUE TO DEBT , The following table sets forth by Value to Debt, the Remaining Assessment Lien and Assessed Value for parcels within the District for Fiscal Year 2012/2013. 0400 - _; '36 $8,090,708 $19,460;711 89 74 4,971,350 ` 14,402,5: .9 91444,596 25,279,7: 130 1,852,869 3,205,M 230,6. 166,340. T4( i $25,541;467 $201582, ! 1t),373,889 76,350 ! 34,724,336.: 241;036 5,057,966: 65836.` _' 1 1,330,184 : 36 27.746 Source: Riverside County 2012113 Secured Property Roll, as compiled by Willdan Financial Services. Fiscal Year 201112012 City of La Quinta, Assessment District 2000-1 5 r- R.. 03� CITY SA / HA / FA MEETING DATE: December 18, 2012 ITEM TITLE: Authorize the City Manager to Submit a Claim for Damages to the County of Riverside relating to the Property Tax Administration Fees and/or to Enter A Tolling Agreement with the County of Riverside Suspending the Time Period to Bring an Action for the Recovery of Such Fees RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to submit a claim for damages to the County of Riverside relating to the Property Tax Administration Fees it has withheld and/or to execute a Tolling Agreement with the County of Riverside suspending the time period to bring an action for the recovery of such fees in a form approved by the City Attorney. EXECUTIVE SUMMARY: On November 19, 2012, in CityofAlhambra v. County of Los Angeles (S185457), the California Supreme -Court held that the County of Los Angeles overcharged cities in its county for property tax administration fees ("PTAF") related to the county's administration of what is known as the "Triple Flip" and "VLF Swap." The County of Riverside applied the same PTAF calculation procedure as Los Angeles County, so the County owes the City a portion of the property tax revenue that it withheld as PTAF. How much property tax revenue the City may be able to collect due to the County's illegal withholding has yet to be determined. Based on the Supreme Court decision we are recommending: - (1) The City should file a claim with the County for the estimated amount the County owes the City from PTAF overcharges starting in Fiscal Year 2006/2007. This amount is the difference between the annual amount the County withheld from the City's property tax revenue as PTAF and the actual cost of administering the Triple Flip (Rev. & Tax. Code § 97.68) and the VLF Swap (Rev. & Tax. Code § 97.70) programs. In the absence of information regarding the County's actual cost to administer these programs, the City should make claims for all of the PTAF overcharged by the County for the stated fiscal years. (2) The City should also seek to enter into a tolling agreement with the County to toll the statute of limitations for commencing litigation to avoid litigation costs, if possible. (Gov. Code § § 913, 945.6.) 36 FISCAL IMPACT: Staff is in the process of obtaining the information necessary to calculate the estimated overcharges. The City's total payment of PTAF for the relevant time period is as follows: City of La Quinta Total Property Tax Admin Fees (PTAF) 2006/07 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13 La Quinta No - Low 20,916 26,960 45,413 47,970 41,929 50,616 52,535 City of La Quinta 52,548 70,409 91,315 82,531 73,775 83,623 23,112 Total 73,464 97,369 136,728 130,501 115,704 134,239 75,647 HdL Coren & Cone is preparing an estimate of the overcharges that covers all cities in Riverside County. That analysis is expected to be distributed prior to the Council meeting. Supplemental information will be provided to the Council and to interested members of the public when it becomes available. Due to a potential bar of the statute of limitations, it may not be possible to recover all of the overcharges. It is anticipated that the courts and possibly the legislature will be addressing the retroactive effect of the Supreme Court ruling and statute of limitation issues in the future. BACKGROUND/ANALYSIS: Currently, Revenue and Taxation Code section 95.3 provides the method for apportioning PTAF among local entities according to the amount of property tax revenue allocated to each entity. In 1992, to meet constitutional requirements for minimum education funding in the midst of a budget crisis, the legislature created the Educational Revenue Augmentation Fund (ERAF) to shift a percentage of property tax revenues into the ERAF. According to section 95.3, the PTAF was not to be imposed upon the ERAF since it is exempt from any withholding. (Rev. & Tax. Code § 95.3(b)(1).) r-37 In 2004, two statutes were enacted that diverted local property tax revenue from each county's ERAF to other funds —the Triple Flip and the Vehicle License Fee ("VLF Swap"). (Rev. & Tax. Code, §§ 97.68, 97.70.) At the same time the Legislature adopted Revenue and Taxation Code section 97.75 relating to the administrative costs of administering these programs. In Fiscal Year 2006/2007, many counties (including Riverside County) began to rely on a misinterpretation of section 97.75 to include tax revenue that was earmarked for the ERAF, but diverted due to the Triple Flip and VLF Swap, in their PTAF calculations. The California Supreme Court in CityofA/hambra v. County of Los Angeles (S185457) recently held that section 97.75 does not authorize counties to include property tax revenue diverted because of the Triple Flip and VLF Swap in calculating cities PTAF. Rather section 97.75 only allows counties to charge cities for the actual cost of services for administering the Triple Flip and VLF Swap. Thus, many counties have been overcharging cities for PTAF since the Fiscal Year 2006/2007. For this reason, the City Attorney recommends that the City submit a claim to the County for a refund of those overcharges. The County may assert that claims for some of the overcharges are time barred. These issues ultimately will be addressed by the courts and/or the Legislature. In addition, the proceedings in the City of Alhambra are not over. The Supreme Court has been requested to rehear the case, and Court has not yet acted upon that request. In order to avoid the cost of litigation while preserving the City's rights, the City Attorney recommends that the City seek to enter into a tolling agreement with the County. The County Counsel has provided a form tolling agreement. ALTERNATIVES: The only alternative to the recommended actions is to not file any claims and decline to enter into a tolling agreement. This means the City would not seek recovery of any PTAF overcharges. Respectfully submitted, M. Kather- Jenson, orney „ 038 Q4& Q94&trC4V 3„cE`y OF TKF'�w AGENDA CATEGORY: ITl SAMA/FA MEETING DATE: December 18, 2012 BUSINESS SESSION: _ ITEM TITLE: Excuse Investment Advisory Board CONSENT CALENDAR: Member Jennifer Donais's Absence from the December 12, 2012 Investment Advisory Board STUDY SESSION: , Meeting PUBLIC HEARING: RECOMMENDATION: Approve a request from Investment Advisory Board Member Jennifer Donais to be excused from the December 12, 2012 Investment Advisory Board Meeting. EXECUTIVE SUMMARY: The La Quinta Municipal Code, Section 2.06.020(B) limits the absences of Board Members to three (3) absences per fiscal year. However, permission can be granted by the City Council and if granted, the absence shall not be counted toward the above -stated limitations. Board Member Jennifer Donais has requested permission from the City Council to be excused from the December 12, 2012 Investment Advisory Board meeting due to business travel (Attachment 1). FISCAL IMPLICATIONS: None. BACKGROUND/ANALYSIS: The La Quinta Municipal Code, Section 2.06.020(B) includes the statement: "A board or commission member may request advance permission from the City Council to be absent at one or more regular meetings due to extenuating circumstances, and/or may request the City Council to excuse an absence after - the -fact where such extenuating circumstances prevented the member from seeking advance permission to be absent." If such permission or excuse is granted by the City Council, the absence shall not be counted toward the above -stated limitations. 039 ALTERNATIVES: No recommended alternatives at this time. Respectfully submitted, Robbeyn ird, Finance Director Attachment: 1. Request from Investment Board Member Donais Q40 December 11, 2012 To Whom It May Concern: I, Jennifer Donais, request an excused absence from the Investment Advisory Board Meeting December 12, 2012 as I am in North Dakota working on business. Thank you for your time. Jennifer Donais C41 IT / SA / HA / FA MEETING DATE: December 18, 2012 ITEM TITLE: Demand Register Dated December 18, 2012 RECOMMENDED ACTION: Approve Demand Register Dated December 18, 2012 EXECUTIVE SUMMARY: None. FISCAL IMPACT: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Demand of Cash City $1,473,378.82 Demand of Cash -Successor Agency of RDA $36,671.28 Demand of Cash — HA $885.03 Demand of Cash — HA Comm $400.00 BACKGROUND/ANALYSIS: Between City Council meetings, there is a need to pay some routine bills in order to avoid late fees being charged to the City, as well as payroll and related payroll taxes. These items are listed below: Prepaid Warrants: 97956 - 97981) $108,886.60 97982 - 98005) $66,775.09 Voids) $(3,564.73) Wire Transfers) $325,711.21 P/R 36718 — 36722) $195,935.81 P/R Tax Transfers) $52,955.46 0 49 Payable Warrants Con't: 98006 - 981161 $764,635.69 In addition, listed below are the most significant expenditures being paid on the regular demand register. Significant Expenditures: Vendor: - Account #: Amount: Purpose: Arch Insurance 401-1762-551.45-01 $385,035.82 Adams Bridge Proj. Teserra 101-7004-431.34-04 $63,206.10 Oct & Nov Landscape Svc Rutan & Tucker Various Accounts $50,690.20 Oct Legal Services ALTERNATIVES: None Respectfully submitted, ,�rt�.%-�Yn� 1� Robbeyn Bird, inance Director 043 CITY OF LA QUINTA BANK TRANSACTIONS 11/27/12 - 12/11/12 11/27/12 WIRE TRANSFER - PERS 11/27/12 WIRE TRANSFER - TASC 12/04/12 WIRE TRANSFER - PERS 12/06/12 WIRE TRANSFER - LANDMARK 12/07/12 WIRE TRANSFER - ICMA 12/07/12 WIRE TRANSFER - LQCEA 12/10/12 WIRE TRANSFER - PERS 12/11/12 WIRE TRANSFER - TASC TOTAL WIRE TRANSFER OUT $2,607.91 $1.332.60 $107,125.74 $147,257.05 $8,673.16 $370.50 $57,011.65 $1,332.60 $325,711.21 044 .+Na MO M r-1 O N ti O P O O O I UQ I b O m O b m h O P N N N o 120 1 m P ..I .1 0 V N N 0 W NM I U F I a = h N N om M Oz � � I W K I ao a U' W = Z i zw I ..1 z or. z I L W I O IQyI ti0000000 oorNoob.+mmoN VV oo PP 00 nP O0 P.V Mr O I \ I bv V.+ o000000 oOPMOONOONbm .I .r oo bb mm or Oo NP..'Ih m U Iwo I U 1 U y I N N N N N N N N O r r b M O O N h P O m V III N O O P P N N N O N N N N V b V m r b Q 40. mm bbbbbbP mPN.+VNN.a V.�1 .+.n 00 VV NN NrN .oo N b VNP I �I M NN I HLL MN r NN O I M M I L Iwh y W I Z I r NNNNNN NNbbbbbbNN.r m O M V MM 'I rINNb ^I o00000 N N.n.n..l... 00oMmmm m o V O .�.�I o I I 1 I VN N N N N N N M M V V V V V V V V V V o M m V V M V V V V V V V WN I Z I N NNNNNN M M N N N N N N.n ,r .1 N N m MOM S I 2 1 N NNNNNN .a .+NNNNNNIt N h N N NN .+ NNNNNNN m I 0 1 V V V V V V V V N N N V V V N V V N V M V N N N V V V V V V V V Z O 1 1 I I I I 1 I 1 I 1 1 1 I 1 I I I 1 1 I 1 I 1 U I 0 NNNNNN MNNNNNNNNNN o O b o NN .I llfl Y U I o 0 0 0 0 0 0 0 o N N N N N N o 0 0 O o N r N O o NmN oo o 0 o Z QI o 000000 00000000000 0 0 o r oe o 0000000 m O NNNNNN .I .INNNNNNMMM O O N .+ NM V NNMMMMM 1 1' W I y I M 1 (, 1 W I I N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 0 000000 00000000000 0 0 0 0 00 0 0000000 Y N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N U I W \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ W I F O o O O O O O O O O O O O O O O O O 2 I Q 1 M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M m a } o0 a 1 •z I a la y f Z I K m N N N N N N m m m m m m m m m m m m m m b m m N m m P P P 0 0 IW V rrhhrr NNNNNNNNNNN V V V V VV V VVVVVNN O 12 0 1 m m m m m m m m m m m m m m m m m m m m m m ow m m m m m m m m U 1 U Z I O O e O O O O O O O O o o o O O O e o O o o O o o O O o O O O O U I> o O O O O O O O O O O O O O O O O O O O O O Om. 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O N LL J O® O P w W Y O V J W N U V a r W 1� U a x P 0 1 K U 0 0 a 0 0 a� o m r z b Z W W O FIJ > O O rrm 00' O Q W o Y •r 1 O as Oa \ Jm a o LLN W \ Z 0 0 1 0 Y� 1 7 M 1 ro 1 0 1 u 1 u U 1 m W I a 1 M 1 1 r 1 1 rl 1 0 1 W w l o O m u 1 1 K S 6 1 O f9 � LL 1 M Z U r 1 N W ENO. N U n o z O uo 1 0 93 M Q r z l O o aaal awl 1 > JJJ 1 Faq 1 M JJJ1 Ix de 0 .. 1 u o 1 .. u u u WNZZZI Y W Y I 0 r P\QaQ 1 mom, 0 M omzzx . 0. 0=0001 w 31 P N W .n N 2 �. 1-1 O O O M > OC N W 1 W 1 N N O Y Y 1 p N \m 2 ow 1 1 \ �i M 1•• 1 N .•� 1 1 Z 1 0 11" wz"ww 1 NS OwCM wo 1 N 'IN ZOOCQa o U W W o l r 1 0 •• ZUW WCL 1 m 1 0 WE < MUM 1 *" 1 OM KQ m ow . z 6m' O mmm ZU 0 ILO O O m O I -Co w W O w 0001 M W W m'm (l www, 1 r0 K IL IL Nu101 1 1 o r e F � I IL 0 UI rr Z z O O u Q 4 n 6 3 AGENDA CATEGORY: CITY SA / HA / FA MEETING DATE: December 18, 2012 BUSINESS SESSION: ITEM TITLE: Update on the Developer Request to Extend the Time for Completion of the Off -Site and On -Site CONSENT CALENDAR: Improvements for Parcel Map No. 29052, Lundin STUDY SESSION: Development, BLP Desert, LP PUBLIC HEARING: RECOMMENDED ACTION: Receive and file this report. EXECUTIVE SUMMARY: • The applicant originally requested a time extension for the completion of the required on -site and off -site improvements for the Subdivision Improvement Agreement (SIA) associated with their project on the northwest corner of Jefferson Street and Avenue 50 as shown in Attachment 1. • In an agenda report prepared for the November 20 Council Meeting, staff had recommended that Council require the completion of the Avenue 50 improvements along the property frontage which backs up traffic during peak hours of operation. • To avoid building the Avenue 50 improvements at this time and to avoid risking that the City may call their bonds to complete the Avenue 50 improvements, the developer has filed an incomplete application for reversion to acreage. Reversion to acreage is a subdivision map process which recombines land that was previously subdivided and may be used to nullify rights and/or obligations effected by the previous subdivision of property. FISCAL IMPACT: By reverting back to acreage the developer would not likely be required to complete the on and off -site improvements required under the current SIA. The City may require these improvements of a future development or will have to identity another funding source in order to complete these improvements. C64 BACKGROUND/ANALYSIS: The City Council has previously granted an SIA extension from September 20, 2011 to September 20, 2012. In a letter dated August 29, 2012 (Attachment 2), the developer requested a time extension. Staff responded with a request for a construction schedule of the Avenue 50 street widening and six-foot sidewalk improvements (Attachment 3). In his letter dated October 24, 2012 (Attachment 4), the developer discussed preliminary development concepts but did not provide a construction schedule of the Avenue 50 street widening and six-foot sidewalk. City Council granted the developer's request for a continuance of this item on November 20, 2012. At a subsequent meeting with staff, the developer expressed interest in reverting the property to acreage and filed a reversion to acreage application on December 5, 2012 (Attachments 5 and 6). Currently, the application is incomplete. Staff is working with the applicant to complete the application. Once complete, staff will process the application and the item will be brought to Council at a future date. ALTERNATIVES: Direct staff to agendize an item for Council consideration at the next available Council meeting that would adopt a resolution to extend the time for completion of the off -site and on -site improvements as specified in the approved Subdivision Improvement Agreement to January 2, 2014 with the exception of the improvements associated with the widening of Avenue 50, and authorize the Public Works Director and/or the City Attorney to take the steps necessary to compel completion of the improvements relating to the widening of Avenue 50 or provide staff with alternative direction. Respectfully submitted, u mothy ona s n, P.E. Public Works Di ctor/City Engineer Attachments: 1. Vicinity Map 2. Letter from Lundin Development dated August 29, 2012 3. Letter from Tim Jonasson dated October 18, 2012 4. Letter from Lundin Development dated October 24, 2012 5. Letter.from Lundin Development dated December 5, 2012 6. Reversion to Acreage Application dated December 5, 2012 (165 ATTACHMENT 1 PARCEL MAP NO, 29052 7m i wNlii CITY OF INDIO� PROJECT SITE LUNDIN DEVELOPMENT VICINITY MAP ATTACHMENT 2 Development Co. August 29, 2012 Mr. Timothy R. Jonasson, P. E. Public Works Director/City Engineer City of La Quinta P. O. Box 1504 La Quinta, CA 92253 Subject Parcel Map No 2905? Dear Mr. Jonasson: On behalf of BIP Desert we request an extension of the time period for performance under the Subdivision Improvement Agreement This project has been aborted, and the extension will provide us time to explore alternative development concepts which respond to current market conditions. Regards, /� Herb Lund n Oren Bever 16400 Pacific Coast Highway, Suite 207 • Huntington Beads, California 92649 • (562) 592-6020 • FAX (562) SW-6050 www.Luko.com r67 ATTACHMENT 3 Ti�44a" P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLS TAMPICO (760)777-7000 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101 October 18, 2012 Mssrs. Herb Lundin and Greg Bever BLP Desert 16400 Pacific Coast Highway, Suite 207 Huntington Beach, CA 92649 Re: Parcel Map No. 29052 Dear Mssrs. Lundin and Bever: Thank you for meeting with us as well as your letter dated August 28, 2012 which is attached for your convenience (Attachment 1) regarding the construction of street improvements along with the development of your project. As you are aware when your project was approved in 1999 traffic volumes on Avenue 50 were relatively low which allowed you to defer the street widening and sidewalk improvements. Due to increased traffic and pedestrian levels on both Jefferson Street and Avenue 50, the City can no longer delay the construction of the required off -site improvements including the widening of Avenue 50 and construction of a 6 ft. sidewalk on the north side of the street along your property frontage. This obligation was imposed in the Subdivision Improvement Agreement (SIA) pursuant to Condition No. 45a of the Conditions of Approval for Parcel Map 29052. On September 12, 2011, you received a -one-year extension for delaying construction of the on and off site improvements required under the SIA which has now expired. In order for staff to recommend approval of another one year extension we request schedule for construction of the street widening and 6 foot sidewalk. The remaining off -site and on -site improvements may be deferred until your development is constructed. Please submit the schedule by October 31, 2012 for the completion of the required off -site improvements so that the extension request can be scheduled with the City Council in November. Page I of 2 If you have any questions regarding this matter, please call Ed Wimmer at (760) 777-7088, or me at (760) 777-7042. Sincerely, imJo son, P.E. Public rector/City Engineer Attachment: (1) Letter from Lundin Development dated August 29, 2012 C: Ed Wimmer, Principal Engineer Tract Map No. 29052 File Page 2 of 2 rj69 I t..undin Development Co. I August29, 2012 Mr. Timothy R. Jonasson, P. E. Public Works Director/City Engineer City of La Quinta P. O. Box 1504 La Quinta, CA 92253 Subject Parcel Map No 2905q Dear Mr. Jonasson: On behalf of BLP Desert we request an extension of the time period for performance under the Subdivision Improvement Agreement This project has been aborted, and the extension will provide us time to explore alternative development concepts which respond to current market conditions. Regards, kHer b Lund n .Oren paver 16400 Pacific Coast Highway, Suite 207 • HuMkgton Beach, Catifomia 92649 • (562) 592-6020 • FAX (562) 692.6050 www.Luko.com 070 ATTACHMENT 4 L 1,111 d 1 it RFrE uD Development Co. OCT 3 o zon October 24, 20.12 Mr. Timothy R Jonasson, P. E. Public Works Director/City Engineer P.O. Box 1504 La Quinta, CA 92253 Subject: Parcel Map No. 29052 Dear Mr. Jonasson: PUBLIC WORKS In response to your October 18, 2012 letter, we appreciate current discussions with Planning and Public Works of a phased development concept plan for parcels within Parcel Map 29052. Feasibility of such plan will be determined based on tenant commitments and scope of construction together with City requirements, including entitlements and phase development of off -sites. Thank you for your efforts to review preliminary concepts (including consultation with your traffic engineer), assistance to determine off -site scope of work and phasing, and attending joint pending meeting with CVWD on October 31, to review their considerations for development Plan including status of existing vaults within 50a' right-of-way. After further input from these meeting and tenant leasing efforts, a projected schedule for design, and construction will be more attainable. r i ,. ' kk- Greg Bever 16400 Pacific Coast Highway, Suite 207 • Huntington Beach, Califomia 92649 • (562) 592-6020 • FAX (562) 592-6050 www.Luko.00m. t Q71 Lundin ATTACHMENT 5 Development Co. December 5, 2012 VIA EMAIL AND UNITED STATES MAIL Ed Wimmer, P.E. Principal Engineer, Development Services City of La Quinta P.O. Box 1504 La Quinta, CA 92247 Re: Application for Reversion to Acreage, Parcel Map 29052 Dear Mr. Wimmer, Thanks to you, Mr. Jonasson, the city manager and the city attorney for your professional efforts our letter to you on November 19, 2012. The city proposal that we allow our entitlements to lapse and revert to acreage was the best compromise that we could reach. The map approved in 1999 provides for a development that is no longer feasible. Per our communications, and our legal counsel's discussions with the city attorney, the city staff will cooperate with us and process our application for the proposed reversion. This will end any potential controversy as to our provision of improvements at this time. The City Council should confidently rely on our commitment: when our corner of Jefferson Street and Avenue 50 is ripe for development, it will be our privilege to work with the city on the design and construction of improvements that meet the city's long term needs. As you know, we are stakeholders in the community you serve, and look forward to the time when our strategic corner property in La Quinta is ready for the construction of a quality commercial/retail project worthy of your residents' patronage. Per your request, we are filing our application today so that your staff report in this matter may be timely completed. Operational demands prevented us from submitting all items that the city needs to complete its processing of our application. However, we will timely address those needs, and comply with the city's requirements. While we have previously dedicated all land that the city has indicated it needs, please let us know if the city's view of what represents sufficient dedication has changed. We wish you and the City of La Quinta Happy Holidays and look forward to the conclusion of this matter. ArbLundin enclosure cc: M. Katherine Jenson, Esq. Very Truly Yours, Greg Bever 16400 Pacific Coast Highway, Suite 207 • Huntington Beach, California 92649 • (562) 592-6020 • FAX (562) 592-6050 www.Luko.com 072 ATTACHMENT 6 G67 ofLa Quinta 7&495 Cane Tampico La Quinta. Califomia 92253 (760) 777-7125 FAX (760) 777-1233 REYERSIOv TO AC.RE4GE APPZICA2701'V OFFICE CE OnT cam-No- �:e a'Secr1 BuMtdi2by. Finaixe Code: W3 Iu order to pmcess your application is a timely manner, please follow the instructions ou Page Two. Location of Property Norttrayst Comer of Jefferson Street & Avenue 50 Assessor's Parcel \'umber Mtdtiale -See Beltran' Zoner acreage 12.43 acres (net) Legal Description Parcel Mao 29052 r . ..,... , .. �,... �. . a .0 ...nu•..:. .. rr. rr =,t-- : r ... r.., a .r =, • r . r . thousand (100,000) jgfficanr BLP Desert. LP and Lundin Development Co_ Fhope' o_ (562) 592-6040 4failine Address-1 6400 Pacific Coast Highway. Suite 207, Huntington Beach, CA 92649 (fit) (C17) (ZP CO' ) Oe ner(s) Majority - Applicant Single Parcel - SUPERVALU Phone No_ 859.594-3413 Dimling address 1299 Cox Avenue, Erlanger, KY 41018 (sh) Tiny) (Zi, Cols) Engrneer/Surreaor Nolte Vertical Five Engineering A3ailine address 42829 k Street Suite 104 Palm Desert CA 92211 (Sweet) (City) (Zip Cote) Conrad person Steve Crevotserat Phone No_ (760) 404-1 %9 Signatme of applicant A elrb Lundin Greg Bever DWe DeCeMber S. 2012 \nthority for this application is hereby given °"�° Signature of Otrner(s) �... Date December 5.2D12 See e-mail from Bed Buddey, Sermor Manager - Surplus meal Estate, SUPERAIALU Date Decertdw 5, 2012 *Assessoes Cared t8®4ev, BLIP: 6021800024 N 6021800027,41 60=180802 ,3, 6027800025.2, 6021800023.0, 6=800021.8, AnDerlsm's: "992000639 (nsaY need eydatm9, vn'0 advise) T'CSedfl�s- ram,6 ip� x£rms'iaSAVyhrz==sIRErvxm=a Acarzdbc r73 MarclIZL Mkin Mail - Fwd: FW: Vacant Surplus Albertsons Property #6602, La ... E:Z,.\ Edward Kotkin <ezk@kotkinlaw.com> Fwd: FW: Vacant Surplus Albertsons Property #6602, La Quinta, CA 2 messages GWB964@aol.com <GWB964@aol.com> To: ezk@kotkinlaw.com Cc: herb@luko.com From: Bill.M.Buckley@supervalu.com To: GWB964@aol.com Sent: 12/5/2012 9:31:52 A.M. Pacific Standard Time Subj: FW: Vacant Surplus Albertsons Property #6602, La Quinta, CA Msrs. Lundin and Bever, Wed, Dec 5, 2012 at 9:40 AM Please advise officials of the City of La Quinta that SUPERVALU is cooperating with you to ensure the completion of an application for a reversion to acreage of Parcel Map 29052 located at the northwest corner of Jefferson Street and Avenue 50. I am working on internal approvals here, and hope to finalize all necessary details with you in the coming weeks. Please share this communication with the city to the extent that it may advance the cause of your application being filed. Thanks. Bill Buckley Senior Manager - Surplus Real Estate SUPERVALU 1299 Cox Ave., Erlanger, Kentucky 41018 Office: 859.594.34131 Cell: 937.609.7973 bill.buckley@supervalu.com II https://mail.google.com/maiVWO/?ui-2&ik=330598a930&viewit&searchanbox&th=13b6c2749575b340 7 4 1/2 • IT SAMVFA MEETING DATE: December 18, 2012 AGENDA CATEGORY: ITEM TITLE: Receive and File Transmittal of BUSINESS SESSION: Treasurer's Reports as of October 31, 2012 CONSENT CALENDAR: to STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Receive and file. EXECUTIVE SUMMARY: I certify that this report accurately reflects all pooled investments and is in compliance with California Government Code Section 53645 as amended 1 /1 /86; and is in conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds. I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet next month's estimated expenditures. FISCAL IMPACT: None. BACKGROUND/ANAYLSIS: Receive and File Transmittal of Treasurer's Report dated October 31, 2012 for the City of La Quinta. ALTERNATIVES: None. 1� n 7.5 Respectfully submitted: g aRobbeyn d, Finance Director Attachment: 1. Treasurer's Report, City of La Quinta C76 MEMORANDUM TO: La Quinta City Council FROM: Robbeyn Bird, Finance Director/rmasurer SUBJECT: Treasurer's Report for October 31, 2012 DATE. November 30, 2012 Attached is the Treasurers Report for the month ending October 31, 2012. The report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Department. The following table summarizes the changes in investment types for the month: Investment Beginnincl Purchased Notes Sold/Maturetl Other Ending Chan e LAIF Interest bearing active bank deposit 26,519,005 39.955,737 $ 5,027,820 16,692 $ (1,900,000) 0 $ 29,646,825 3,127,820 Certificates of Deposit 480,000 0 39,972,429 16,692 US Treasuries 70.986,311 15,008,000 (15,000,000) (2,088) 480,000 70,992,223 0 5,912 US Gov't Sponsored Enterprises 0 0 Commercial Paper 4,999,721 (5,000,000) 279 0 0 (4,999,721) Corporate Notes - 0 Mutual Funds 2,5140,266 52 43.337 206 2,497, 187 0 43,079 Subtotal $ 145,481,040 $ 20,052,564 $ 21,993,337 $ 1,603 $ 143,588,664 $ 1,892,376 Cash $ 347,529 - 1 & 3 $ 1,378,290 $ 1,030,761 $ 1,378,2go Total $ 145,828,569 $ 20,052,564 $ 23,321,627 $ 1,603 $ 142,557,903 $ 3,270,666 I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy. As Treasurer of the City of La Quints, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. The City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end, Robbeyn Bir - �� Date Finance Director/Treasurer Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month, (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments. (3) The cash account may reflect a negative balance. This negative balance will be offset with transfers from other investments before warrants are presented for payment by the payee at the bank. r��f Treasurer's Commentary For the Month of October 2012 Cash Balances - The portfolio size decreased by $3.30 million to end the month at $142.56 million. The major reason for the decrease was due to payments of $1.7 million for the police contract, which represents 2 months of expenditures, the Capital Improvement Program expenditures were $947,000, and the 1996 Lease Revenue Bond payment was made during the month in the amount of $578,000. Investment Activity - The investment activity resulted in an average maturity decrease of twelve (12) days from the prior month to end the month of October at 22 days. The Treasurer follows a buy and hold investment policy. During the month of October, BMW Commercial Paper matured and was invested in LAIF, Certificates of Deposit remained the same as the prior month, and US Treasuries of $15,000,000 matured and were reinvested in US Treasuries. The sweep account earned $22 in interest income for the month of October and the bank fees for the month were $1573 which resulted in a net decrease of $1,551 in real savings. Portfolio Performance - The overall portfolio performance increased three (3) basis points from the prior month and ended at .36% for the month, with the pooled cash investments at .47%. The portfolio yield should continue to stay at these levels for the near future. At this time last year, the portfolio was yielding .38% which reflects the current interest rate environment. As discussed with the Board at previous meetings, the City will be investing a small part of the portfolio in Negotiable Certificates of Deposit with maturities not to exceed five (5) years. This will result in slight increases in the overall portfolio yield. Looking Ahead In the short term, the Treasurer will be investing in negotiable certificates of deposit, short term commercial paper or GSE paper and rolling over bond proceeds -and reserves into U.S. Treasury bills or notes. 0,18 o m c m m m m m m m d z z z z° z z z z i w d o c E e N 0 Q Q m B ? p U LL u 2 2 N n O N ms` ' @ @ @ @ g s W E. a B = m a m yy m LL > m y= S $ ° E r r g o 9 0 0 0 0 0 lwwwww 0 iO o 0 o$ o $ $ M y 0 000 _� O N M. 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RE: A3$A A,Fv o�^e�N s` Bg � mFm �t ye �MN"q 8s . 12 9$va $w'z.$"amok"aa Y Y$ sm �� a &nag 'g a $.7i� mm Bmm ' ` - ^ E^l94 o A� �$»mn M X �ni,z _`ab »»» »»n» .FI _ @'i3Mg n Auui 9 »�_E �mpp ._n$mSSogqna mpp z�°ugio pg +fin ppg_� ry gg"pp Q qq_pp g`sa.#W m�`o`ry»A.S m�� rye$oua^n$ a fl W $ 8�$8 5g xPt E 8I cy@ 8 E Q�` E zayP.F @ 3H 3pEg +I yyAFVsY.V]q NJ -8 p5 CE y�yE 4ydy gFV VY pE 3"RR $ ypppg <grF3$$gyy =-SSE {5pp.yf gPoyySryy �E�@NNp dN [E'�P �� .G IDmm�U E1 S� 3 nu»_»a88F. 838 Fuin» gFn Fr 083 §//|/ § ! \s q / R/J■ & vw � §)� | ; � \ � @8.4 City of La Quinld Co-pa24ve Rate5 of InteRSt October 31. 2012 C'N of La Qu nta Augu512008 3.18% 1.92% 2.88% 51 1.69% 1.89% 2,14% 2,38% 2.OB% Sept2008 2.01% IV% 2.64% 37 1.42% 1,79% IN% 2.00% 2.13% 2,78% Oc12008 2.66% 2.61% 2,61% 29 0.90% 1.40% 1.72% 1.50% 2.07% 2]I% 271% Nov 2008 2.38% 2.36% 2.36% 64 0.15% 0.49% 1.04% 1.25% 1,46% 2.57% Dec 2008 1.60% 0,18% 1.42% 116 0.05% 025% 0,59% 0,88% 0.97% 2.35% Jan 2009 1.36% 0.16% 123% 82 0,15% 0.35% 043% 088% 0.31% 205% Feb 2009 1.23% 0.18% 1,11% 75 030% 0.50% 0.61% O.N% 048% 1.87% Mar 2009 1.26% 0.18% 1.13% 69 0.20% 042% 070% 0.88% 0,37% 1.82% Apr2009 0,94% 0,18% 085% 54 0.31% 0.33% 0,59% 0.88% 0.28% 1.61% May 2009 0.92% 0.18% 0,84% 80 a18% 0.30% 0.53% 088% 0.23% 1.53% FY 09110 June 2009 July 2009 0.85% 0.69% 0.29% 0.30% 080% 111 020% 035% 0.55% 1A3% 0.26% 1.38% August2009 O.W% 0,30% 065% 0.61% 111 92 0_19% 0,28% 0.47% 1,00% 0,28% 1.04% . Sept200g 0.66% 0.31% 053% 112 0.16% 0,26% 0,46% 1.00% 024% 0.93% 002009 0.52% 0.31% 0.50% 90 0.12% 008% 0,19% 0.41% 1.00% 0.19% 0l5% Nov 2009 0.56% 0.31% 0,53% 152 0.04% 0,19% 0.38% 1.00% 0.19% 0.65% Dec 2009 0,56% 0,15% 0,51% 239 0,11% 0.14% 0.20% 0.32% 0.75% 0,15% 0.61% Jan 2010 0.46% 0.15% 043% 179 0.06% 0.14% 0,16% 0.34% 1,00% 0.88% 0.16% 0,57% Feb 2010 0.51% 0.16% 048% 162 0,13% 0.1" 0.32% O.N% 0,13% 0,15% ON% Mar2010 0.50% 0.16% 047% 172 0.15% 024% 0.38% 1,00% 0,20% 0.58% 0.55% Apr2010 0.52% 0.16% 0.08% 162 0,15% 0.24% 0.49% 1.00% 0.23% 0.59% May 2010 0.52% 0.16% 0.48% 116 0.17% 0.22% 0.37% 076% 0.28% 0.56% FY 10111 June 2010 Ju1y20lO 0.47% 0,50% 0.10% 0.36% 134 0.16% 0.22% 0.32% 063% 0,32% 0.53% Augusl20l( 0.49% 0,15% 0.15% 0.49% 046% 119 0,16% 020% 0,30% 063% 028% 0.53% Sept20lO 0,55% 0,15% 0.51% 108 107 0,15% 0.19% 026% 0.38% 0.25% 0.51% Oct 2010 0.66% 0.15% 051% 88 0,16% 0.13% 0.19% 0.27% 0.38% 0.24% 0.50% Nov 2010 0.53% 0.15% 0.49% 84 OAS% 0.17% 0.21% 0.23% 0,38% 023% 0,48% Dec 2010 0.57% 0,14% 052% 265 0.15% 0.19% U11% 0.30% 0.50% 0.23% 045% Jan 2011 0.51% 0.14% 0.43% 206 0,16% 0.18% 0.28% 0.63% 0.63% 0.23% 0.24% 0.46% Feb 2011 0.55% 0,17% 0.46% 210 0.15% 0.12% 0.31% 0.63% 0.23% 0.54% 0.51% Mar20ll 0.54% 0,12% 045% 218 0.05% 0.13% 0.26% 0,75% 0.23% 0.50% Apr20ll 059% 0.17% 048% 192 0.05% 0,10% 0.28% 0.63% 0,20% 0.59% May 2011 048% OA7% 041% 156 0.06% 0.12% 0.20% 0.50% 0.18% 041% FY 11112 June 2011 July 2011 0.53% 0.53% 0.00% 0.35% 126 003% 0.10% 0.20% 0.38% 0.15% 045% 0,00% 0.35% 112 0.07% 0.12% 0.15% 0.20% 0,14% 0.38% August2011 060% 0.00% 038% 102 0.02% 0,05% 0,10% 0.13% 0.16% 041% Sep12011 0.58% 003% 039% 124 002% OW% 0.09% 0.13% 0.14% 0.38% Oct 2011 0.53% 0.03% 035% 117 0.01% 006% 0,12% 025% 0.15% a39% Nov 2011 0.62% 0.03% 0,37% 94 0,03% 0.07% 0.10% 0.25% 0.14% 0,40% Dec 2011 048% 0,03% 0.35% 86 0.02% 006% 0.11% 0.13% 0.14% 0.39% Jan 2012 0.45% 0.03% 0.34% 74 0.05% 0.08% 0.11% 0.25% 0.14% 0.39% Feb 2012 0.49% 0.05% 0.36% 72 0.12% 0,15% 0.17% 0,25% 0.17% 0,39% Mar 2012 044% 005% 0.34% 74 0.08% 0,14% 0,19% 025% 0.18% 0.38% Apr 2012 0."% 0.09% 035% 61 0.10% 0.15% 0.19% 025% 0.20% 0.37% May 2012 0.43% 0.09% 0.34% 62 0.09% 0.14% OAM 0.25% 0.19% 0.36% FY 12113 June 2012 July 2012 038% 041% 0.08% 0.29% 47 0.10% 0.15% 0.21% 025%0.21% 0.36% 0.08% 0.31% 112 0.11% 0.15% OAB% 0.22% 0.22% 0.36% August2012 0.41% 0.08% 0.29% 31 0.11% 0.14% 0.20% 0.25% 0,20% 0.38% eppt2012 043% 0.09% 0.33% 34 0,11% 0.14% 0.18% 025% 020% 0.35% 085 cli a m` O E U m c a 'o y C N Eit W � tl m � C a a m i In ■ m c E I N N 1 > � c Vl J a Q y ol LL I N M N o 0 N Z c � r O E w d a H � T J � ¢`0 I} I} I I Y�3 N 5 c' 04 r N U7 N c a�• N N -w' N m yY C ~ 7 ~ pW N _j rn co Qy C ,a O j y l 0 U to U N 0 0 0 0 0 0 o C o 0 C 0 CD 1f1 In IT O IT l0 CO O N M N O d N t,1 7 N O O O m o 0 6 0 6 6 oa o 0 0 0 • I 1 .1 1 1 1 1 I I 1 1 I I I i i yFCF� OF'MF'�E% AGENDA CATEGORY: CITY SA/HA/FA MEETING DATE: December 18, 2012 BUSINESS SESSION: 1 ITEM TITLE: Pillars of the Community Nominations CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Approve the Pillars of the Community nominations as submitted. EXECUTIVE SUMMARY: Each year residents submit applications to nominate individuals for the Pillar of the Community Award. These nominations are reviewed by staff to assure program requirements are met and submitted to the City Council for approval. Once approved, the names of the individuals are added to the Pillar wall near the Spirit of La Quinta fountain and inscribed into the "Book of Deeds." An acknowledgment event is held in their honor. As a part of the event, the City Council recognizes each of the Pillars with a glass plaque and a certificate of appreciation. FISCAL IMPACT: The total cost adding the names to the pillar wall and creating the glass pillar plaques will be approximately $250. There is sufficient funding in the Community Services Special Events budget. BACKGROUND/ANALYSIS: On February 19, 2002, the City Council approved the criteria for the "Pillars of the Community" program. The criteria for each area are listed below: The criteria for the "Pillars of the Community" program requires the candidate to have received City-wide recognition, contributed significantly to the development of the City, and have signatures of twenty-five residents stating support for the candidate. As of this report, two applications have been submitted for consideration in support of Fred Wolff and Christi Salamone (Attachments 1 and 2). ..'r_ F18 7 Name Residency Contributions Since Fred Wolff 1979 1' Mayor of La Quints, Founder of La Quinta Arts Foundation Christi Salamone 2007 Executive Director of La Quinta Arts Foundation Pursuant to City Council direction on August 17, 2004, Senior Inspiration Award recipients would automatically be included in the "Pillars of the Community" recognized that year. Therefore, Ann Kosich, 2012 Senior Inspiration Award recipient, will be recognized this year. Once the City Council approves the names of those individuals to be recognized, invitations will be sent to Mrs. Kosich, Ms. Salamone, and the family of Mr. Wolff to attend a Pillars of the Community Event scheduled for January 10, 2013 at 11 a.m. ALTERNATIVES There are no alternatives to the recommended action. Respectfu ly submitted, Edie Hylton Y' Community Services Director Attachments: 1. Fred Wolff Application 2. Christi Salamone Application Q$8 ATTACHMENT - 0 < � 0 Z z -p u . FL 0 : < o Q @®©°>°:� 3 fO-t£E2 »,E ) �2}{[k]\ kJo eoaEe ,ca �oouo.Ee \ eEE�&fog £ok \ vkk($k\�k )R Q, 2 66666§t )2� § 7 G 2` .°e �K)k®U� 00 I t � f\ ® `� �bQG�d$ a§. -,t .z © . i ■oo,§?� 020 k y o Q Cl ao— o . o §o ~; f2©§a �G� § § j \2 f\ &!` k7}ƒ�$ f of `o ! ��■2 R ± 7 F a z 2 a2£ �° � 0!« t OS§ I C r2S 6� 0 6 J Vl M 0 ^i O De y y� �iliat ri k E rLv 1� m o~ CL M C E C`'v££d Cp m OZ{y O W r r 'at a 41 a .0=°v mp '\, Z a ro IF 7 C Oua— 0 — L Sao a a voc tC7oov a t`n C O d O Z V C.90 LL Q w LU > ATTACHMENT 2 0E-- Q=t= a �z �~Z.4- - LL Q Q U Q T o e" owEE �� Q 9 d E o ON j 6 a 0 O c Q N /1 0 6 CO:N p c N a ° p Ii�i c U t° c E� E E ('p�l f1 a� � L o c oao> o c°uU ` L 0� D °p > 000�`�o m°t f{ z m c >n 2 N a c _ , 1 N Qa a� `� ° o °a U u ` a� o G '° �� 3 a�o� C E m C3 w �o c 3 d U a -° N a° ° a °� Z Q F- �� U� W a» C91 y� S C\Ci Lr. ZI �NN �. zf L y al vHi vyi a�= a a a a au .p 0: 'a c a .D Ci a rh .° v .° Q .-Q Q ,Q ,Q NQ NQ NQ NQ NQ N T,iht 4 44 Q" CITY SA / HA / FA MEETING DATE: December 18, 2012 AGENDA CATEGORY:A ITEM TITLE: Authorize the City Manager and City L BUSINESS SESSION: Attorney to Enforce the City's Rights Under the Bonds, CONSENT CALENDAR: Including the Initiation of Litigation Against Arch STUDY SESSION: Insurance Company and PH Ranch, LLC as Necessary to Complete Improvements for Tract Map No. 31348, PUBLIC HEARING: Estates at Point Happy RECOMMENDED ACTION: Authorize the City Manager and City Attorney to Enforce the City's Rights Under the Bonds, Including the Initiation of Litigation Against Arch Insurance Company and PH Ranch, LLC as Necessary to Complete Improvements for Tract Map No. 31348, Estates at Point Happy. EXECUTIVE SUMMARY: • The Estates at Point Happy, Tract Map No. 31348, is located south of Highway 1 1 1 and west of Washington Street as shown in Attachment 1. • The developer has not completed, among other things, drainage improvements that should be installed to protect the development from flooding. • City staff issued a sixty (60) day notice of default to PH Ranch, LLC (Developer). The sixty day notice of default has expired and the City has not received any response from the developer. PH Ranch, LLC has lost the property through foreclosure. • City staff has spent significant time and resources communicating with Arch Insurance Company (Bond Company) to obtain completion of the remaining improvements. Unfortunately, an agreement has not yet been reached with the Bond Company, and City staff and the City Attorney feel that the Bond Company is not acting in good faith. Therefore, staff recommends that the City Council authorize the above actions in order to protect the City's rights. FISCAL IMPACT: Legal costs for pursuing the bonds will depend upon how long the litigation spans and what type of litigation tactics the Bond Company employs to avoid its legal obligations under the Bonds. The initial estimate is that the City may incur $20,000 in legal fees. The costs could be higher if the litigation becomes protracted. The fees may be recovered in the litigation by the prevailing party. The amount of the outstanding bonds is: Performance Bond Rough Grading $108,150 Offsite Improvements $648,562 Onsite Grading $117,341 Onsite Drainage, Street, Water, & Sewer $473,871 Onsite Utilities $73,800 Monumentation $23,136 BACKGROUND/ANALYSIS: The City Council has previously granted SIA extensions to February 13, 2009 for the off -site improvements and to February 13, 2010 for the on -site improvements. The City's process for addressing delinquent developer required improvements affords the developer generous opportunity to address their shortcomings. Unfortunately in this case the developer and their surety company have not been cooperative and now, as a last resort, litigation is being considered. Staff has been working with and communicating with the developer since March, 2009 to achieve the required improvements. At times, it appeared that the developer was going to comply, but their compliance never came to fruition. The Public Works Director transmitted the preliminary Notice of Default in August, 201 1; the City Attorney Transmitted the final Notice of Default in November, 2011. Numerous meetings, emails, and conference calls between the City Attorney's Office, City staff and the surety company's consultants and attorneys have not yet resulted in a reasonable settlement. Attachment 2 is a letter from the City Attorney to the counsels for the Bond Company making demand for performance of the bond obligations and responding to the Bond Company's denial of virtually all of the claims. In a response letter (Attachment 3), the Bond Company has offered to pay the City $100,000 in return for full release and exoneration of the bonds by the City except for Bond No. SU5011913, which is for on -site drainage, street, water, and sewer G,94 improvements. The Bond Company has requested that this bond be reduced from $473,871 to $50,000 so that it only covers the deferred installation of driveways. As an alternative to filing an action, the parties may want to enter into a "tolling agreement" which stops the progression of the statute of limitations and allows for additional time to resolve the claims. This preserves the parties' rights and allows the parties to avoid litigation. Unfortunately, the current position of the Bond Company suggests that attempts to avoid litigation may be unsuccessful. Nonetheless, the City Council is requested to give the City Manager authorization to execute such a tolling agreement if the City Attorney feels it can avoid the need to file an action. In addition, it may be possible for the Bond Company and the City to reach a reasonable agreement regarding the Bond Company's obligations. The City Council is requested to give the City Manager authorization to execute a settlement agreement with the bond company if a reasonable agreement can be negotiated. ALTERNATIVES: Authorize the City Manager and the City Attorney to enforce the City's rights under the bonds, including: 1) the initiation of litigation against Arch Insurance Company and PH Ranch, LLC as necessary to complete improvements for Tract Map No. 31348, and/or 2) the execution of a settlement agreement if a reasonable settlement is reached, and/or 3) the execution of a tolling agreement to suspend the running of the statute of limitations. Accept the Bond Company's settlement offer or provide staff with alternative direction. Respectfully submitted, . o 4imothyon, P.E. Public Works Director/City Engineer Attachments: 1. Vicinity Map 2. Letter from City Attorney dated October 17, 2012 3. Letter from Michael Gandee, Esq. dated November 9, 2012 r 3- n 9 5 ATTACHMENT 1 TM 31348 THE ESTATES AT POINT HAPPY STATE 1 ��YHjr�W Hlvy wgsy POINT HAPPY WAY PROJECT SIMON DR. LOCATION 47th AVE. EISENHOWER Z 0 DRIVE 0 z Q 3 VICINITY MAP NOT TO SCALE !' 9 6 ATTACHMENT 2 U�.AN M. Katherine Jenson --+--------- Direct Dial: (714) 641-3413 RUTAN 6 TUCKER. LLP E-mail: kjenson@rutan.com October 17, 2012 VIA ELECTRONIC MAIL Michael R. Gandee, Esq. William Pearce, Counsel Watt, Tieder, Hoffar & Fitzgerald, LLP Arch Insurance Company 2040 Main Street 3 Parkway, Suite 1500 Suite 300 Philadelphia, PA 19102 Irvine, CA 92614 (via e-mail also, wpearce@archinsurance.com) Re: Demand for Performance of Bond Obligations - Tract Map No. 31348, The Estates at Point Happy Dear Mr. Gandee and Mr. Pearce: This letter is a follow-up to conversation earlier today. As a starting point, I would like to remind you that each of your performance bonds issued for Tract Map No. 31348, require performance relating to the following: "[P]ublic improvements required by the Conditions of Approval for the subject map" (Bond, Paragraph 1); and "[T]he covenants, conditions and provisions in said [Subdivision Improvement Agreement ("SIA")] and any alteration thereof made as therein provided..." (Bond, Paragraph 5.) Further, the Bond states that no changes or additions to the work to be performed shall, in any manner, affect the bond companies' obligations. The SIAs incorporate by reference all conditions of approval. (SIA, Section 16.) The SIA for the on -site improvements makes it clear that the subdivider must complete all necessary drainage improvements. In Section 2 of the SIA, the subdivider agreed to submit all drainage improvements "required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit `A'." This includes the "SD Channel Flapgate" ("Flapgate") identified as item No. 14 on the On -Site Punch List and marked as a "N" or "No" by Mr. Gordon. The Flapgate is a critical component to the overall drainage program. "Drainage" improvements were clearly part of the anticipated improvements covered by the Bonds. Specifically, drainage is called out as a line item on Exhibit A to the SIA, and $391,210 is identified as the estimated costs. The fact that the Flapgate is not specifically called out as a separate measure is of no import. The SIA has broad categories of improvements. Moreover, when the SIA was prepared, the drainage improvement plans for the tract were not yet completed. For that reason, the "no plans contingency" of 10% was added to the Bond amount. Rutan & Tucker, LLP 1 611 Anton Blvd, Suite 1400, Costa Mesa, CA 92626 PO Box 1950, Costa Mesa, CA 92628-1950 1 714-641-5100 1 Fax 714-546-9035 119/015610-0035 Orange County I Palo Alto I www.rutan.com 4500207.1.10/17/12 097 RUTAN Michael R. Gandee, Esq. William Pearce, Counsel October 17, 2012 Page 2 When the Storm Drain Improvement Plans were complete in June of 2005, the retention basins were specifically sized such that a portion of the storm water would drain into the Washington Street storm drain, but only with the caveat that a Flapgate would be installed at the outlet. The Drainage Conditions of Approval clearly require that this work be completed to meet the City's drainage standards. (See Conditions of Approval 40 and 42.) As a general rule, all of the storm water from the 100-year storm must be retained on site unless special provisions are made for drainage into channels. Here, if the bond company no longer wishes to utilize the storm drain, it would be necessary to increase the capacity of the retention basins to retain 100% of the storm water in a 100-year storm event. This would require revisions of the drainage plans and a new hydrology analysis. This would certainly be more costly than simply completing the drainage system as approved. Moreover, any argument that the Flapgate should not be covered by the Bond because it was not listed in the more detailed Engineer's Estimate must fail. That Estimate is simply a calculation used to establish the amount of the Bond. It was not part of the SIA, and cannot be relied upon as augmenting the SIA. (See Section I8.IC. of the SIA.) You have also taken issue with On -Site Punch List item No. 6, Retaining Walls. The retaining walls are part of the Rough Grading, and are covered by the Off -Site .Improvement Bond. Indeed, the Off -Site Improvement Bond was even altered by the bond company to add the title "Retaining Wall." The retaining wall was one of the recommendations of the Soils Engineer. It was specifically identified as a requirement on the Rough Grading plans. See Note 3, page 1 of 4, and also see Soils Engineer Certificate. Compliance with the Soils Engineers recommendations was an express Condition of Approval in the Conditions of Approval. (See Condition of Approval 32.) These Conditions of Approval are made part of the SIA. (See SIA, Section 16.) The same is true of the Rockfall Wall. That Rockfall wall was included in the Rough Grading Plan per Note 6. It also was a recommendation of the Soils Engineer, and therefore was covered by Condition of Approval 32. These Bonds all reference guaranteeing compliance with the Conditions of Approval. In our view, the Rockfall Wall is covered by the Bonds for the Off - Site Improvements, the Bonds for the On -Site Improvements, and/or the Bonds for the Grading. The fact that the SIAs do not list "Rockfall Wall" is not controlling. The SIAs clearly require compliance with the Conditions of Approval. Moreover, the Rough Grading Plans were completed prior to the issuance of the Grading Bonds, so presumably Arch Insurance was aware of what was being secured by its Bonds. Finally, the Landscaping in the retention basin on Lot H is expressly covered by the Off -Site Improvement Bonds. The item is specifically listed on Exhibit A to the Off -Site SIA. This is an express Condition of Approval for the tract (Condition No. 62.) It is in an area behind the residents' walls, and for that reason, is considered part of the Off -Site Improvements. 119/015610-0035 4500207.1 a10117/12 RUTAN Michael R. Gandee, Esq. William Pearce, Counsel October 17, 2012 Page 3 We request that you take a closer look at the language of the subject Bonds, the subject SIAs, and the Conditions of Approval, and that you be prepared on October 26, 2012, to set forth a schedule of construction to meet your obligations under the Bonds, up to the penal sum of the Bonds. We look forward to wrapping this matter up in short order. If we cannot, we will be forced to place this matter on an upcoming Council Agenda to request authorization to file suit on the Bonds. Very truly yours, RUTAN & TUCKER, LLP ^-. M. Katherine Jenson City Attorney, City of Quinta MKJ:lr cc: Timothy R.Jonasson, Public Works Director/City Engineer Ed Wimmer, Principal Engineer 119/015610-0035 4500207. a10/I7/12 099 ATTACHMENT 3 WATT, TIMER, H(DFFAR & RTZGERALD, LLP ATTORNEYS AT LAW November 9, 2012 Via Email & First Class Mail M. Katherine Jenson City Attorney, City of La Quinta Rutan & Tucker, LLP 611 Anton Blvd., Suite 1400 Costa Mesa, CA 92626 Re: City of La Quinta's Demand on Performance Bonds; Tract Map No. 31348, The Estates at Point Happy Dear Ms. Jenson: 2040 Main Street Suite 300 Irvine. California 92614 Telephone: 949-852-6700 Facsimile: 949-261-0771 w .xMf.com Michael R. Gandee mgandee@,Mhf.com This letter is in response to your October 17, 2012 letter and is protected under California Evidence Code Section 1152 as an offer to compromise. Set forth below is Arch Insurance Company's ("Arch") response to the 37 items (30 on the on -site punch list and 7 on the off -site punch list) the City of La Quinta ("City") contends are covered by the performance bonds (collectively the `Bonds") that Arch issued to PH Ranch, LLC ("PH Ranch") for the project known as Tract Map No. 31348 —The Estates at Point Happy ("Project"). BOND COVERAGE The Subdivision Improvement Agreement ("SIA") for both the on -site improvements and the off -site improvements provides that PH Ranch "shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit `A"' hereto. Provision 29 of the City's Conditions of Approval provides that PH Ranch is to "submit detailed construction cost estimates for all proposed on -site and off -site improvements." (Emphasis added.) The engineer's Cost Estimate for Subdivision Improvement Bond Purposes ("Engineer's Estimate") submitted to the City provides a detailed estimate of all the improvements to be constructed by PH Ranch and it ties in, dollar -for -dollar, to the penal sum amounts of the Bonds. In other words, the Engineer's Estimate sets forth, in detail, the actual improvements required to be constructed by the SIAS, and correspondingly, covered by the Bonds. McLean, VA San Francisco, CA Las Vegas, NV Seattle, WA Miami, FL 100 M. Katherine Jenson City Attorney, City of La Quinta November 9, 2012 Page 2 ANALYSIS OF SPECIFIC PUNCH LIST ITEMS Your letter sets forth the City's position regarding the components of the storm drainage system (on -site punch list item nos. 14, 15 and 16), the rock fall protection barrier (on -site punch list item no. 9) ("RFPB), the landscape improvements (on -site punch list item no. 12), and the retaining walls (on -site punch list item no. 6). Arch's position with respect to these items as well as the other items on the punch lists is as follows. On -Site Punch List Item No. 15 — Construct Manhole on Bradshaw Trail This manhole is located on Bradshaw Trail, a completed street between retention basin no. 2 and lot no. 50. The manhole lid is covered with asphalt, thus making removal difficult for maintenance. This minor issue does not affect the storm drain system's immediate performance. Nevertheless, Arch agrees that removal of the asphalt from the manhole lid is within the scope of the Bonds. On -Site Punch List Item No. 16 — Secure Grate Assemblies at CMP Risers The grates have been installed but are unsecured. This minor issue does not affect the storm drain system's immediate performance. Nevertheless, Arch agrees that securing the grates is within the scope of the Bonds. On -Site Punch List Item No. 14 — Install Flapgate at Whitewater Channel This item is not within the scope of the Bonds. It is not identified in the Engineer's Estimate. It is only mentioned on the plans as an item that is "to be installed by separate plan approved by CV WD." In other words, it is work that is contemplated to be performed as part of a separate project and separate set of plans, which were not part of PH Ranch's scope. The flapgate is not part of any of the on -site improvements or off -site improvements and is actually located approximately 400 yards north of the site. In fact, the flapgate is to be installed on the end of an existing 60 inch storm drain line that is already being used by other City projects. On -Site Punch List Item No. 9 — Rock Fall Protection Barriers The RFPB is not identified in the Engineer's Estimate. Hence, it is not covered by the Bonds. Your letter references note 6 of the grading plan as a basis for the City's assertion that the RFPB is covered by the Bonds. This assertion is misplaced for a couple of reasons. First, the note you reference provides "construct high-energy Rock -Fall Protection Barrier by Geobrugg or equal by Separate Permit." (Emphasis added.) In other words, construction of this item is to performed as part of another project involving a separate permit. Moreover, it is clear that such a system was never contemplated by the parties to be covered by the applicable grading bond as a 101 M. Katherine Jenson City Attorney, City of La Quinta November 9, 2012 Page 3 Geobrugg system has a value three to four times that of the original penal sum of the bond, without even taking into consideration the costs of the specific items identified in the Engineer's Estimate for grading. The City's reliance on provision 32 of the Conditions of Approval and preliminary geotechnical report ("Soils Report") noted therein as'a basis for the RFPB being within the scope of the Bonds is equally misplaced. The Soils Report does not require the installation of the Geobrugg system the City identifies in the on -site punch list. Additionally, provision 32 is part of the "Grading" section of the Conditions of Approval. It, like the grading plan the City's relies upon, concern on -site grading. Once again, the Engineer's Estimate addressing grading items does not include a RFPB. However, even for sake of argument if it did, which Arch disputes, the only potential bond it would fall under is the grading bond. The penal sum amount of this bond has been reduced to $117,341 by the City and will be further reduced by on -site punch list item no. 29, which Arch agrees is covered by the grading bond. On -Site Punch List Item No. 12 — Install Landscape Improvements within Common Area Lots G. Hand K Your letter only references lot H, however, the punch list also includes lots G and K (retention basins nos. I and 2). Based on the fact that both retention basins are on -site (verses off -site) and the Engineer's Estimate for on -site work includes no landscaping, Arch concludes the City is withdrawing its demand that Arch landscape these two retention basins. Regarding lot H, Arch does not agree that this area falls under the off -site bond obligation. Per the Engineer's Estimate, 3,600 square feet of off -site landscaping is included as part of the off -site bond (bond no. SU5011916). PH Ranch installed 3,600 square feet of landscaping to the City's satisfaction at the Washington/Point Happy Way entrance and along the Project's boundary with Washington Street. On -Site Punch List Item No. 13 — Contact Planning Manager for Landscaping Improvements This item is tied to item 12 discussed above. Accordingly, this item is not with the scope of the Bonds. On -Site Punch List Item No. 6 — Retaining Walls As noted above, the SIA provides that PH Ranch "shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit `A"' hereto. Exhibit "A" to the off -site SIA includes $147,000 for the construction of retaining walls. The Engineer's Estimate for the.off-site perimeter improvements, which matches, dollar -for -dollar, with bond no. SU5011916, also includes $147,000 for the construction of 2,450 linear feet of retaining M. Katherine Jenson City Attorney, City of La Quinta November 9, 2012 Page 4 walls on the Project. PH Ranch constructed these walls. Hence, the construction of any additional retaining walls is not covered by the Bonds. On -Site Punch List Item No: 4 — Construct 5' Wide x 6" Thick Concrete Swale This item is not included in the Engineer's Estimate, which maps into the grading bond. On -Site Punch List Item No. 20 — Install Driveways at Vacant Lots This is work is covered within the Bonds but it should be deferred. If the work is performed in the near future, then it will create a source of run-off water and sediment into the storm drain system that will likely trigger SWPPP mitigation measures and future maintenance for the City and follow on developer. Remainine Items on City's Punch Lists Other than the items discussed above and item no. 30, which is a maintenance issue that is beyond the scope of the Bonds, Arch agrees that the other items identified on the punch lists are covered by the Bonds. SETTLEMENT OFFER In light of the above, Arch will pay the City $100,000 to remedy the items that are covered by the Bonds in return for a full release and exoneration of the Bonds by the City except for bond no. SU5011913, which will have its penal sum reduced to $50,000 to cover all potential costs associated with the deferred installation of the driveways identified as punch list item 20. Arch believes this offer is fair and reasonable and should be more than sufficient to complete the items discussed above that are within the scope of the Bonds. If you have any question regarding the above, please feel free to give me a call. Very truly yours, Watt, Tieder, Hoffar & Fitzgerald, L.L.P. Michael R. Gandee cc: Will Pearce, Esq. (Via Email only) IRVINE 181027.2102973.00005 103 FA MEETING DATE: December 18, 2012 ITEM TITLE: Select a Representative to the Chamber of Commerce Workshop/Information Exchange Committee RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the selection of a member of the City Council to serve on the Chamber of Commerce Workshop/Information Exchange Committee for three consecutive meetings. EXECUTIVE SUMMARY: The City Council has a policy of appointing one of its members to serve on the Chamber Workshop Information/Exchange Committee for three consecutive meetings. The Committee is comprised of Chamber of Commerce staff and representatives from the Chamber's Board of Directors as well as City staff and, as indicated, one City Council representative. The Committee meets on a bi-monthly basis to exchange information on City and Chamber matters such as: commercial development, SilverRock Resort, housing activity, business development, marketing, special events, and other items of mutual interest. Council Member Osborne was the last Council appointee to this Committee and has attended three meetings. The rotation of appointees has been as follows: Council Member Lee Osborne (5/15/12) Council Member Franklin 0 2/6/201 1) Mayor Adolph (5/17/2011) Council Member Henderson 01/16/2010) Council Member Evans (5/18/2010) Mayor Pro Tern Franklin 01/17/2009) 104 Mayor Adolph (5/19/2009) Council Member Kirk (1/19/2009) Mayor Pro Tem Henderson (10/7/2008) Council Member Osborne (3/18/2008) Council Member Sniff (10/2/2007) In order to continue this policy, a new Council representative should be appointed at this time. The next meeting is scheduled for Monday, January 7, 2013. ALTERNATIVES: Appoint a new Council Member as a representative to the Chamber of Commerce Information/Exchange Committee Workshop. Respectfully submitted, // G' �iA� I �G�"✓ Maria tasillas — —� Marketing/Economic Development Manager ., 15 •.• ITY SA / HA / FA MEETING DATE: December 18, 2012 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Alternatives for the Replacement of the CONSENT CALENDAR: _ Coachella Canal Within the SilverRock Golf Course STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Receive the staff report and provide input regarding the Coachella Canal replacement options EXECUTIVE SUMMARY: Due to differential settlement in the Coachella Canal that has significantly reduced its capacity to deliver irrigation water, the Coachella Valley Water District (CVWD) must replace the existing Canal; replacing the Canal has a significant impact on the Palmer Course at SilverRock, both presenting challenges and opportunities. CVWD has worked with City staff on two alternatives: 1. Construct a new underground pipe system in a new alignment (that generally parallels Jefferson Street) and abandon the existing open channel canal system within the golf course south of the L-4 Pump Station 2. Construct a new open channel canal parallel and west of the existing canal within the existing CVWD easement. FISCAL IMPACT: The fiscal impacts are not restricted to just the design and construction costs, but also include costs to repair the golf course. These impacts include relocating existing irrigation lines, lost revenue due to loss of play during construction, and reconfiguring the golf course once the construction of either canal alignment is completed. The following costs are estimated using best engineering judgment; 106 these cost estimates are subject to revision after the 75% plans have been fully reviewed by CVWD and staff: Option 1 — Jefferson Street/Avenue 54 Underground Pipe CITY CVWD Construction Cost $8,025,000 $3,926,000 Golf Course Impacts* $500,000 NA Lost Revenue $263,000 NA Totals $8,788,000 $3,926,000 Option 2 — Parallel Canal CITY CVWD Construction Cost $0 $3,926,000 Golf Course Impacts* $1,707,000 $37,000 Lost Revenue $781,000 NA Totals $2,488,000 $3,963,000 *Golf course impacts include a 25% contingency and do not include design, construction management or construction survey costs. Possible funding sources for this project potentially include bond proceeds, Quimby funds and General Fund Reserve funds. The use of the bond proceeds is dependent upon La Quinta completing certain milestones in the process of winding down the former Redevelopment Agency. BACKGROUND/ANALYSIS: A portion of the Palmer Golf Course at SilverRock was built within the CVWD/Bureau of Reclamation (BOR) easement for the Coachella Canal. The original Letter of Consent for the installation of the Course within the easement was issued by the United States Department of the Interior on June 24, 2004. A condition of the Letter of Consent was that the City release the United States and its agents (i.e., CVWD) from any liability for damage resulting from the construction, operation or maintenance of any of the works of the United States (i.e., the Coachella Canal). This alleviates CVWD from having to pay for any damage to the portion of the golf course within the BOR easement area arising from the construction or maintenance of the existing or future canal systems. In April 2009 CVWD prepared an Evaluation of Subsidence and Canal Replacement Options that confirmed that the Coachella Canal had settled several feet since it was constructed (except in the area it sits on bedrock within the Palmer Course at SilverRock Resort). CVWD and City staff then began working on several options for repairing or replacing the existing canal which is operating at approximately half capacity. In March 2012 the City and CVWD entered into a canal realignment agreement (Attachment 1) whereby CVWD's consultant prepared 75% design plans and cost estimates for two alignment options which were to either construct a pipeline parallel to Jefferson Street and Avenue 54 or to construct a parallel canal to the west of the existing canal. CVWD was also required to hire a third party to prepare an independent cost estimate for constructing the two options. That effort is nearly complete and the City will be asked in January 2013 to select the preferred canal option. Whichever option is chosen, CVWD plans to be under construction by summer 2013, subject to their Board's approval and environmental clearance. The Letter of Consent and Evaluation of Subsidence and Replacement Options report are all available in the Public Works department for review. Option 1 - Underground Pipe along Jefferson Street & Avenue 54 The proposed underground piping option (Jefferson Street Alignment) starts where the existing canal enters SilverRock just west of Jefferson Street. From there the canal would be undergrounded in a 108 inch diameter pipe which will turn south in the Jefferson Street parkway south to Avenue 54 where it will turn west and remain in the Avenue 54 parkway until it is tied back into the canal at the northwest corner of PGA West. (See first aerial exhibit in Attachment No. 1.) This option does not include the, relocation of the existing L-4 Pump station or the east west portion of the existing canal, which is estimated to cost in excess of $1million. The existing canal section south of the pump station would be abandoned, and removed to the extent necessary by CVWD while the City would have to pay for grading and landscaping the old canal alignment. The pipeline construction could start this summer with no interruption to play until the summer of 2014; at that time the back nine holes would have to be taken out of service for the abandonment and refurbishment of the old canal alignment. Should the City Council select the underground pipe alternative, the following is the estimated schedule of events: January 2013 City & CVWD select Underground Pipeline Option February 1, 2013 RBF and sub consultants begin preparation of redesigned golf holes and irrigation system June 1, 2013 CVWD underground pipe project starts construction October 1, 2013 CVWD underground pipe project completes construction March 1, 2014 City bids grading and restoration work for back nine holes July 1, 2014 Canal abandonment and golf course restoration projects begin .4- 108 September 30, 2014 Existing canal abandonment and golf course restoration projects are completed Option 2 - Parallel Canal Option The second option (Parallel Canal Alignment) would reconstruct an open canal, parallel and west of the existing canal within the current BOR easement. This parallel canal would start approximately a quarter mile south of the L-4 Pump Station and reconnect to the existing canal behind the northwest corner of PGA West. (See second aerial exhibit in Attachment No. 1.) This option would be very disruptive of the Palmer Course since the new canal would be constructed through four of the holes on the back side of the course. An irrigation mainline, two canal under crossings, and two bridges, most of which are in the BOR easement, would have to be relocated before the work is underway. CVWD estimates its work will take 45 working days (nine calendar weeks). The City would need to move its facilities and reroute the irrigation lines before CVWD's canal work in order to insure all landscaping and turf is kept alive during the construction period. Additionally, a follow up restoration contract would be necessary to landscape the old canal alignment and incorporate the new canal into the golf course. Staff estimates the overall construction to take five to six months minimum to accomplish. Should the City Council select the parallel canal alternative, the following is the estimated schedule of events: January 2013 February 1, 2013 March 1, 2013 May 1, 2013 June 1, 2012 August 15, 2012 September 1, 2012 October 15, 2012 City & CVWD select Parallel Canal Option RBF and sub consultants begin preparation of redesigned golf holes and irrigation system City advertises irrigation system relocation project for bids Irrigation relocation construction starts Irrigation relocation is complete and CVWD parallel canal project begins. City concurrently advertises for bids golf course restoration project CVWD canal construction is complete City's Golf Course restoration project begins Golf Course restoration project is complete The Coachella Canal, if left in place, has and will continue to pose numerous challenges in the development of SilverRock Resort. While an additional $6.3 109 million would be necessary to relocate the channel to an underground pipe in the Jefferson Street and Avenue 54 parkways this expense will be at least partially offset with reduced future infrastructure costs for utility crossings, golf cart bridges, vehicular bridges and other structures that are only necessary to cross over or beneath the canal. From an operations standpoint, having a canal bisect the property creates inefficiencies in the maintenance of the Palmer course as well. Workers must travel additional distances to get to bridges to cross the canal, the irrigation system has redundancies to be able to operate independently on either side of the canal and players take longer to play the course due to the restricted circulation caused by the canal. Palmer Design was encouraged that the City was considering relocating the canal last March as they felt the course could be made much more playable and enjoyable without it in the way. (See Attachment No. 2) Finally the aesthetics of the Palmer course as well as the balance of the site would be significantly improved without the canal to detract from what everyone describes as one of the most beautiful properties in the Coachella Valley. For these reasons staff believes the relocation of the canal into an underground pipe a worthwhile expense that will ultimately increase the value of the City's investment. Respectfully submitted, mothy R. J as o , P.E. Public Works Dir for/City Engineer Attachments: 1. 2012 City and CVWD Canal Realignment Agreement 2. Letter from Palmer Design dated February 2, 2012 110 ATTACHMENT 1 AGREEMANT THIS AGREEMENT ("Agreement") is made on this /_Li day of March, 2012 ("Effective Date'), by and between COACHELLA VALLEY WATER DISTRICT, a public agency of the State of California ("District") and CITY of LA QUINTA, a California municipal corporation and charter city ("City"). District and City are sometimes referred to herein individually as a "Party" and collectively as the "Parties." RECITALS A. On or about December 21, 1920 the Congress of the United States of America ("United States') approved the "Boulder Canyon Project Act" (45 Stat. 1057). Pursuant to the Boulder Canyon Project Act, the United States constructed the All -American Canal and its Coachella Branch ("Coachella Canal'). The Coachella Canal is generally that portion of the All - American Canal from Drop I to Lake Cahuilla. The purpose of the Coachella Canal is to convey water for urban, agricultural, and ground water recharge purposes. B. The United States, by and through the Bureau of Reclamation ("USBR'), holds title to the Coachella Canal and District operates and maintains the Coachella Canal pursuant to Contract No. Ilr-781 with the United States dated October 13, 1934, as amended and supplemented. C. Ground subsidence has occurred throughout the Coachella Valley at least since the original construction of the Coachella Canal. The Coachella Canal has subsided generally uniformly with the land except a portion thereof between Mile Post ("MP'l 120.3 and the check drop structure at MP 121.8, which portion is more particularly depicted on Exhibit "A" attached hereto and by this reference incorporated herein ("Non -Subsided Portion of the Coachella Canal"). This Non -Subsided Portion of the Coachella Canal is generally located west of Jefferson Street and extends to a point south of Avenue 54 adjacent to PGA West in the City of La Quints D. The Non -Subsided Portion of the Coachella Canal results in a hydraulic condition whereby the original flow capacity has been substantially reduced. In order to increase the flow capacity within the Non -Subsided Portion of the Coachella Canal, the Parties have determined' that a physical solution must occur, including, but not limited to, the possibility of replacing and/or relocating all or a portion of the Non -Subsided Portion of the Coachella Canal. E. District retained the services of GEI Consultants, Inc. ("GEI" ), to evaluate the subsidence of the Coachella Canal generally, and the non -subsidence within the Non -Subsided Portion of the Coachella Canal and to perform preliminary engineering for four (4) water conveyance system ("Water Conveyance System'l alignment options and six (6) design/construction options for each alignment. On or about April, 2009 GEI submitted to District its report entitled, "Evaluation of Subsidence and Canal Replacement Options" ("Report"). A copy of the Report is on file in each of the City's and the District's offices. F. ' The implementation of each of the Water Conveyance System alignment options identified in the Report will require the installation of a new concrete -lined canal and/or new 1191015610-0120 2301648-2-23-12-Redline CVWD & LQ -1- 111 pipelines, and the demolition and removal of certain existing concrete -lined canal, pipelines and facilities. G. The Parties have selected two (2) Water Conveyance System alignment options identified in the Report as the most viable (each, a "Design Alternative") for further design. The options selected for further design and costs analysis are generally described as the "Parallel Canal" and the "Jefferson Street Alignment." Those two options are referred to hereinafter as the "Project Alternatives" and are described further in Exhibit "B". The Parties now wish to provide for (i) the District's retention of an engineering fum to complete the design plans and construction cost estimates for the Project Alternatives; (ii) the District's retention of a construction management firm, which firm shall be approved by the City's Public Works Director, to prepare a second opinion regarding the construction costs for the Project Alternatives, (iii) preliminary California Environmental Quality Act ("CEQA") and National Environmental Protection Act ("NEPA") compliance studies, and (iv) the Parties' respective payment obligations for the costs set forth in the foregoing clauses (i) through (iii). NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING RECITALS, WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE, AND FOR OTHER VALUABLE CONSIDERATION, THE SUFFICIENCY OF WHICH 1S HEREBY ACKNOWLEDGED BY THE PARTIES, THE PARTIES AGREE AS FOLLOWS: I. Preparation of Design Plans and Engineering Cost Estimates. Within thirty (30) days after the Effective Date, District shall use commercially reasonable efforts to retain an engineering firm ("District's Engineering Consultant') to complete design plans ("Design Plans') for each of the Project Alternatives to approximately seventy-five percent (75%) completion ("75% Complete) and to prepare construction cost estimates for the anticipated cost of constructing each of the Project Alternatives ("Cost Estimates') based upon the 75% Complete Design Plans. Within sixty (60) days after the Effective Date, the District shall retain a construction management firm, which firm shall be subject to the written approval by the City's Public Works Director, to prepare a second, independent opinion regarding the Cost Estimates for each of the Project Alternatives based upon the 75% Complete Design Plans. Once a Project Alternative is selected, the District's Engineering Consultant shall complete the Design Plans for such Project Alternative to one hundred percent ("100% Completion") so that the selected Project Alternative is ready to bid. 2. CAA & NEPA Compliance. District shall act as lead agency with respect to compliance with CEQA and NEPA and all other applicable state and federal environmental laws and all requirements of the Federal Endangered Species Act and the California Endangered Species Act arising out of or in connection with the Project Alternatives for compliance with all conditions and mitigation measures which must be satisfied in connection with the same (collectively, "Environmental Compliance"). Environmental Compliance shall include compliance with federal and state laws, rules and regulations regarding Native American remains and cultural resources. District shall prepare, or cause to be prepared, all instruments, documents, reports and other like or kind writings required to be prepared and/or filed by CEQA and NEPA. City hereby agrees to cooperate with the District in a timely manner with respect to District's Environmental Compliance. To the extent commercially reasonable, District shall complete its Environmental Compliance concurrently with the preparation of the Design Plans. 119/0156104120 2301648-2-23-12-Redline CV WD & LQ -2- f 112 3. Meet and Confer. The Costs Estimates from both the engineering firm and construction management firm shall be provided promptly to the City upon completion. After both Costs Estimates are completed and provided to the City, the Patties shall meet and confer for a period not to exceed thirty (30) days, during which the Parties shall determine if they jointly wish to pursue the construction of the Jefferson Street Alignment Alternative. The Parties understand that the District will not likely pursue that Project Alternative unless the Parties are able to reach a mutually agreeable cost sharing contract. This Agreement is not intended to require the Parties to enter into any further agreements relating to this matter. Instead, the purpose of this Agreement is to provide cost information necessary for the Parties to determine the feasibility of the Jefferson Street Alignment Alternative. A contract will not exist, and there shall be no obligation on the part of either Party to enter such a contract, with respect to the construction of any Project Alternative unless and until the Parties have executed an agreement approved by their respective legislative bodies regarding the construction of the Project Alternative and containing all essential terns, including the cost allocation for construction costs. In the event the Parties agree to the Project Alternative, in writing, District is authorized to cause the District's Engineering Consultant to complete the Design Plans for such Project Alternative to one hundred percent ("100% Completion'l so that the selected Project Alternative is ready to bid. 4. Cost Allocation. a. The costs and expenses to undertake any and all pre -construction work whether or not set forth in this Agreement (collectively, the "Pre -Construction Work') shall be home fifty percent (50%) by District and fifty percent (50%) by City. As used in this subsection, the term "costs and expenses" shall only include the costs and expenses to perform the Pre - Construction Work, as follows: i. Costs incurred by District for the preliminary engineering as described in Recital E; ii. The costs to conduct preliminary Environmental Compliance studies for the Project Alternatives; iii. The costs for the preparation of the 75% Design Plans for the Project Alternatives and associated Cost Estimates; and iv. The costs for the preparation of the Design Plans to 100% Completion for the preferred alternative. b. The costs and expenses for items 4.ai-iv are projected not to exceed $400,000 ("Current Estimate"). Therefore, the maximum costs and expenses projected to be home by the District and the City are $200,000, respectively. If it appears that the Current Estimate for items 4.a i-iv will be exceeded, or costs not covered by items 4.a.i-iv are identified, the District and City will meet and confer and discuss how the additional costs will be shared. However, the City shall not have any obligation to make any payment beyond the $200,000 unless an amendment to this Agreement is approved by the City Council, which amendment expressly increases the amount to be paid by the City under this Agreement to more than $200,000. 119/0156104120 2301649.2-23.12-Pj4=CVWD& LQ act 113 Notwithstanding anything herein to the contrary, each Party shall be responsible for its own staff and overhead costs and expenses, and such costs and expenses shall not be deemed Pre - Construction Work. C. District may obtain a disbursement from the City pursuant to the following process: From time to time, but not more than once per month, District shall provide to City a written disbursement request in substantially the same form attached hereto as Exhibit "C" setting forth City's proportionate share of certain Pre -Construction Work. Said request shall show all Pre - Construction Work that District has funded with such disbursement, itemized in such detail as the City may reasonably require, accompanied in each case by invoices reasonably satisfactory to the City. Within twenty-one (21) days after the City's receipt of a disbursement request, the City shall disburse the City's proportionate share to the District. d. The District agrees to maintain all records relating to the Pre -Construction Work for no less than three (3) years following the completion of the work covered by this Agreement. The District agrees to make such records available for review and audit of the City or its designee, upon thirty (30) business days' written request by the City in accordance with the notice provisions of this Agreement. 5. Notices. All notices, invoices and payments (collectively, "Notices') provided for hereunder shall be in writing and (i) mailed (registered or certified, postage prepaid, return receipt requested), (ii) delivered by reputable overnight or same day courier service that provides a receipt with the date and time of delivery, or (iii) hand delivered to the Parties at the addresses set forth below or at such other addresses as shall be designated by such Parry and by a written Notice to the other Parry in accordance with the provisions of this section. All such Notices shall, if hand delivered, or delivered by overnight or same day courier service, be deemed received upon delivery and, if mailed, be deemed received two (2) business days after such mailing. To City: Notices Delivered by U.S. Mail: City of La Quinta P.O. Box 1504 La Quinta, CA 92247 Attn: City Manager Notices Delivered Personally or by Courier: City of La Quints 78 495 Celle Tampico La Quinta, CA 92253 Attn: City Manager copy to: Rutan & Tucker, LLP 611 Anton, Boulevard, Suite 1400 Costa Mesa, CA 92626 Attn: M. Katherine Jenson, Esq. 1191DI5610-0120 2301648-2-13-12-Re&im CVWD& LQ —ij 114 To District: Coachella Valley Water District 85-995 Avenue 52 Post Office Box 1058 Coachella, CA 92236 Attn: Steve Robbins, General Manager -Chief Engineer copy to: Redwine and Sherrill 1950 Market Street Riverside, CA 92501 Attn: Gerald D. Shoat Esq. 6. Entire Agreement. This instrument, together with the exhibits attached hereto and other writings referenced herein, contains the entire agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements between the Parties, oral or written, and any and all amendments thereto. Any oral representations or modifications concerning this instrument shall be of no force and effect, excepting a subsequent modification in writing, signed by the Parties to be charged. 7. Attorne,y's Fees. In the event of any litigation or other action between the Parties arising out of or relating to this Agreement or the breach thereof, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to its reasonable costs and attorney's fees. 8. Governing Law. This Agreement is entered into within the State of California, and all questions concerning the validity, interpretation and performance of any of its terms or provisions or any of the rights or obligations of the Parties hereto shall be governed by and resolved in accordance with the internal laws of the State of California, without regard to conflict of law principals. 9. lnter�retation. The provisions of the Agreement shall be construed as to their fair meaning, and not for or against any Party based upon any attribution to such Party as the source of language in question. 10. Time is of Time is of the essence of this Agreement and each and every term and provisions thereof. 11. Assignment Neither District nor City shall, either voluntarily or by action of law, assign or transfer this Agreement or any obligation, right, title or interest assumed by such Party, except as otherwise provided herein, without the prior written consent of the other Party. Any attempted assignment in violation if this provision is void ab initio. Subject to the foregoing, the provisions of this Agreement shall apply and bind the successors and assigns of the Parties. 12. No Third Party Beneficiaries. Except as specifically set forth herein, this Agreement shall not be deemed to confer any rights upon any individual or entity which is not a party hereto (except the USBR) and the Parties expressly disclaim such third party benefit. 1191015610-0120 -5- 2301648-2-23-12Redline CVWDQ LQ 115 13. Waivers. No delay on the part of any Party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any Party hereto of any right, power or privilege hereunder operate as a waiver of any other right, power. or privilege hereunder, nor shall any single or partial exercise of any right, power or privilege hereunder, preclude any other or further exercise of any other right, power or privilege hereunder. 14. Authority to Execute. Each individual executing this Agreement hereby represents and warrants that he or she has the full power and authority to execute this Agreement on behalf of the named Parties. 15. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute but one instrument. 16. Default Interest. Any payment not paid when due shall bear simple interest equal to two percent (29/6) of the delinquent payment for each month or portion thereof that such payment remains delinquent. 17. Jurisdiction. The Parties agree that any action or proceeding to enforce or relating to this Agreement shall be brought exclusively in the Federal or State courts located in Riverside County, California, and the Parties hereto consent to the exercise of personal jurisdiction over them by any such courts for purposes of any such action or proceeding. I8.. Days. Unless otherwise specified, all references hereunder to "days" shall mean calendar days. [End - signatures on next page] 1190015610-0120 _6_ 230161&2-23-12-ReAmW c CV D & LQ 116 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year hereinabove written. Date: MA Rch 13 , 2012 1 APPROVED AS TO FORM: REDWINE & SHERRILL By. /� LA {� General Counsel "District" "City" CITY OF LA QUINTA, a California municipal corporal on and charter city Date: 3—/ S 2012 By: `��-1s Interim City Manager ATTE T: Susan Maysels Interim City Clerk APPROVED AS TO FORM: RUTAN CLP By: her 6e Jens City Attorney 1191015610-0120 _7_ 23016a&2-23-12-Rc&*e CV WD & LQ 11l COACHELLA CANAL SILVEROCK RESORT SITE PARALLEL CANAL REPLACEMENT SECTnION LEGENDI ��-EX—HIBIT A] . 1 PUMPST COACHELLA ` CONTROL 9TRUCTUHE �.' I 1 i� i . . 4^isr i r � N # t }M'� �-.y]' JA.�n C.� -�1 ;13'f '{Y �.y, aY11' •<: f 1 COACHELLA CANAL LEGEND SILVEROCK RESORT SITE PIPELINE ALIGNMENT n. 119 14;1'i 113114" DESCRIPTION OF THE TWO DESIGN ALTERNATIVES Dmdpdm of the proposed future construction project The proposed future construction project is intended to correct major flow deficiencies associated with the existing Coachella Canal starting at Mile Post 120.3 and extending south through the PGA West Residential development. The loss of capacity within the existing open canal is the result of differential settlement between the section of the canal on the desert floor and the section of the canal dim wines into close proximity with the Santa Rosa Mountains south of Avenue 53 and west of Jefferson Street (the "Non -Subsided Portion"). Due to the grade differences between its subsided portion and Non -Subsided Portion the canal has lost over 50% of the original capacity that it was designed to convey. As a result of work by the District and Agency Staff, two design alternates will be evaluated as a part of this Agreement to correct the flow capacity issues and are described as follows. The proposed underground piping option (Jefferson Sow Alignment) generally follows Jefferson Sued along the western parkway, starting at the intersection with the Coachella Canal and proceeding south to the intersection of Avenue 54. North of Avenue 54, the proposed circular pipe, with the final diameter to be determined through the preliminary design effort described within the agreement, will bend to the west along the north side of Avenue 54. East of the existing canal, the proposed pipeline will curve southward and connect to the existing canal at a newly constructed drop structure located at Mile Past 121.8. This option will require the relocation of the existing L-4 Pump station, which is currently located 0.5 mile west of Jefferson Street, to a location closer to Jefferson Street, which will also be the location of an inlet structure for the open canal to closed conduit system conversion. In addition to the above mentioned construction, this option will require the relocation and reconnection of four active irrigation laterals and reconstruction of the drop structure at the lower end to facilitate the lowering of the conveyance system with a new lower outlet elevation. The existing canal section would be abandoned, and removed to the extent necessary, and the surrounding area would be m-established to conform to the existing condition. The second option (Parallel Carnal) would reconstruct an open canal, parallel and west of the existing canal within the current canal easement right of way. This parallel canal would start approximately a quarter mile south of the L- 4 Pump Station and reconnect to the existing canal section at the drop structure at Miles Post 121.8. The canal alternative will be designed to accommodate future subsidence by lowering the downstream tie-in at the drop structure to an elevation lower than required to convey existing design flows. This new canal section would require reconnection of one irrigation lateral to the proposed canal section, reconstruction of the drop structure to facilitate the lowering of the outlet elevation, removal and backfill of the concrete canal section and re-establishment of the surrounding area to the existing condition. h 19ro1561"120 EXHIBIT "B" 230161&2.23-12-W&A CV WD 3 LQ 120 EXHIBIT "C" FORM OF WRITTEN DISBURSEMENT REQUEST [w be bmrted] 119MISGIO-0120 2301648-2-23-12-Re imCV"&LQ EXHIBIT"C" 121 ATTACHMENT 2 Arnold D Palmer, President February 27, 2012 Dear Timothy R Jonasson and the City of La Quinta, California, It has been brought to the attention of the Arnold Palmer Design Company that studies to shift and/or expand the water canal in its existing alignment or relocate the canal to run North and South along Jefferson Street are under consideration. After a brief study of preliminary studies, materials and concepts our initial thoughts are below. Currently, the existing canal engages the golf course on several holes (10, 11, 12, and 15) by either running parallel or perpendicular to the hole and line of play. While originally designed in this configuration, the intrusion of the engineered canal feature is not ideal and ultimately impacts the natural and artistic aesthetic of the golf course while compromising circulation, functionality and the strategic merits of the golf holes. For example, the narrow approach to the 15`h green is a direct result of the existing canal alignment. Attempts to widen or shift the canal alignment will significantly impact this golf hole and others from a safety, aesthetic, playability and strategic standpoint. While this approach is possible, APDC does not consider this an ideal option. The relocation/realignment of the canal to remove it entirely from the golf course, and potentially align it to run North/South along Jefferson St., is in the best interest of the golf course. This will allow the Silver Rock Golf Course to be free from this constraint and allow ownership and management to rectify some aesthetic, strategic, circulation and functional issues that will, in turn, greatly improve the overall golf course experience. The Arnold Palmer Design Company is interested in continuing to work with the City of La Quinta and the Silver Rock Golf Course to keep the integrity of our Golf Course intact and if possible, improve upon and strengthens our design should canal work impact the golf course. Sincerely, /1G;allt�oR fi.lLl�KLLv� Brandon A./Johnson Senior Golf Course Architect Arnold Palmer Design Company Phone (407) 876-1068 • Fax (407) 876-6283 9000 Bay Hill Blvd. • Suite 300 • Orlando, Florida 32819 P.O. Box 52 • Youngstown, Pennsylvania 15696 n_ 122 information(cD.arnoldpalmerdesign.com • www.arnoldpalmerdesign.com t; � ;. CITY / SA / HA / FA MEETING DATE: December 18, 2012 ITEM TITLE: Police Department Services EXECUTIVE SUMMARY: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: Z- PUBLIC HEARANG : The City of La Quinta contracts with the County of Riverside, Sheriffs Department for law enforcement services. The City is currently in a five-year (5) contract, which expires on June 30, 2017. The law enforcement services budget for Fiscal Year 2012/2013 is $12,739,223. The City receives a total number of fifty (50) sworn officers and five (5) non -sworn officers. In addition, this contractual agreement also provides a significant number of specialty baseline resources available to the City, through the Riverside County Sheriffs Department. Lieutenant Matt Jimenez will be making a presentation to discuss the law enforcement services provided to the City. On November 16, 2012, City staff generated a Letter of Support for Modified Realignment sent out to Governor Brown and the City's State legislators. Captain Andrew Shouse will be discussing the challenges ahead including, the effect of AB 109 — Realignment on the City. This study session item provides the Council an opportunity to dialogue with and ask questions regarding the law enforcement services provided by the County. FISCAL IMPACT: The law enforcement services budget for Fiscal Year 2012/2013 is $12,739,223. BACKGROUND/ANALYSIS: The current agreement provides municipal police protection for the City, including a total of 150 patrol hours per day (equivalent of 30.7 officers). This level of daily patrol hours 123 provides flexibility on deployment, which historically has followed a formula of five (5) officers per shift, three (3) ten hour shifts per day. In addition to patrol hours, the City currently contracts for one (1) dedicated Lieutenant (Assistant Chief of Police), two (2) dedicated Sergeants, six (6) Special Enforcement Team Officers (SET), four (4) Motorcycle Officers, three (3) School Resource Officers, one (1) Commercial District Officer, one (1) Violent Crime Gang Task Force Officer, one (1) Coachella Valley Narcotics Task Force Officer, and five (5) Community Service Officers. In addition to the positions outlined above and since the patrol hourly rate charged to the City is a "blended rate," the 150 hours per day of patrol generates an additional 1.46 Lieutenants, 6.68 Sergeants, and 6.39 Investigators that serve in a supervisory and investigative capacity. This mechanism of contracting for law enforcement services provides the City a total number of fifty (50) sworn officers and five (5) non -sworn officers, specifically focused upon public safety for the citizens of La Quinta. This contractual agreement also provides a significant number of specialty baseline resources available to the City, through the Riverside County Sheriffs Department, including, but not limited to: • Special Enforcement Bureau (SWAT Team) and the Crisis Negotiations Team • Special Investigations Bureau (Major Narcotics and Intelligence Bureau) • Central Homicide Unit • Forensic Services Unit • K-9 and Bloodhounds Unit • Hazardous Device Team • Aviation Unit • Underwater Search & Recovery Team • Desert Search & Rescue • Sheriffs Mounted Posse This presentation by the La Quinta Police Department provides the Council an opportunity to further review the levels of police services provided to the City. Management Analyst Attachment: 1. La Quinta Police Department Presentation 124 i, 0� � N � No� A � t V � ~ N V J W � U O O .rt.. 125 cY I 6 i UN- i i Y i 1,�` a flt � 'vf M1` I`Y 3 � 3 \w It 126 U z A 127 k 128 V U O 4� O O U vi O 1w�\ M_\ r 0 1' 0 O O O N .O u . 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M M 00 M M N h V M N Vl tl1 (V 00 Qt '7 O O 00 C' m U1 m CY Ct V1 tl1 «1 t!1 tD C m m ct m M N" M m 00 00 M M O L1'1 �fl �I1 61 W Ct O Ql OD lD N L!'1 N W h tD N 00 h N V tD M M M M Ol 00 lM 'lY' N to V1 tD 00 O t'� M N M T Ol W h W O LM O N h h 00 M N O 00 to e-i h al lD Ol Ql CO ad W CD �y Ol h h to to h O C' 00 N N M N N M N M N e-1 .-1 a^1 e-1 •-i a-i a -I a -I h ti M m 00 i m( m V' r- M tD h CT tD a Ln M 00 M N O O O N m m h � h �N+ h CD O N 0 0 h � V to m to 00 O 00 V Cr M tD to 00 to h O V G O m h Qt a-1 V1 to M O N M m 00 " 01 V 00 M to Ln to N M U't .-1 CT to to to Ct m r- h tD tD CY 06 Lti N O Ct Ct C- O 00 h h h M b' Cf Cr Ct M M M M N" N N .-f .--1 I i. O m 00 h to v ct M t . O m w h to to M ' . O O O O O O O O O O M M M M M w 0 0 0 0 0 0 0 0 0 0 0 0 rn a) M am M > N N N N N N N N N N N t . e a a N 147 � u � oto 0 0 0 a, um Reports/ Informational Items: 1 ZJ Report to La Quinta City Council Palm Springs International Airport Commission Meeting November 14, 2012 Budget: Budget performance continues to be better than plan. Cash is being managed to have a year-end unrestricted balance of $6 million. Passenger Activity: October was the 13th consecutive month of growth in passenger activity. Passenger capacity was up 5% from last year, but passenger traffic was up 10%. In the last year, traffic has reached 8 all-time record months for the Airport. Five -Year Plan: The Federal Aviation Administration funds 90% of most of our capital projects. In return, we must submit our annual plans, and apply for grants. Entitlements vary by airport size and number of passengers. We are allowed to accrue these entitlements, and now have $8.74 million to be used for our apron re -paving. We are requesting $2.9 million in 2014 for baggage claim expansion. The projects planned for the next 5 years are identified on the table below. The Commission recommended that the 5-year plan be submitted to the FAA. 149 Tower Status: No change. It is still on target to be certified and active in the first quarter. Parkins Lot Expansion: When complete, the expansion will add 101 new parking spaces, bringing the total to 1,000. The plan uses some of the grass areas, and will require re -locating some of the palm trees to other locations in the lot. Also planned, are digital signs, directing traffic to empty spots. Under consideration is signage for row numbers. The Commission ratified the continuation of the plan. Incubation Project: The Coachella Valley Economic Partnership, CVEP, has begun remodeling 3 of the surplus Airport buildings to help foster economic growth. Two rental tenants will move in during January. They are an electric vehicle company, and a video company. Landscaping: An architect has been engaged to manage the transition to desert landscaping. The Airport has 10 acres of grass, and 8 of them will be converted. The grass at the main entrance will remain. The design will be submitted to the Commission in a few months. Industry Information: The airline industry will shortly be facing a problem it hasn't faced in many years — a pilot shortage. Of the 100,000 Commercial Pilots, 65,000 will be aging out over the next few years. Airlines are already discussing plans for recruitment, training, and possible changes in qualifications. The next Commission meeting will be December 19, 2012. Submitted: Robert G. Teal, Commissioner Palm Springs International Airport 150 REPORTS & INFORMATIONAL ITEMS: Q COMMUNITY SERVICES COMMISSION MINUTES MONDAY, NOVEMBER 5, 2012 CALL TO ORDER A regular meeting of the La Quinta Community Services Commission was called to order at 5:30 p.m. by Chairperson Fitzpatrick. PRESENT: Commissioners Blakeley, Engel, Fitzpatrick, Lawrence, and Leidner. STAFF PRESENT: Community Services Director Edie Hylton, Golf & Parks Manager Steve Howlett, and Senior Secretary Angela Guereque. Commissioner Blakeley led the Pledge of Allegiance. PUBLIC COMMENT - None. PRESENTATION 1. Presentation by the Family YMCA of the Desert Karen Creasey, Aquatics Manager, provided the Commission with information regarding the Fritz Burns Pool programs. CONFIRMATION OF AGENDA Motion - It was moved by Commissioners Leidner/Lawrence to confirm the agenda as submitted. Motion passed unanimously. APPROVAL OF MINUTES Motion - A motion was made by Commissioners Blakeley/Lawrence to approve the September 10, 2012 Community Services Commission Minutes as submitted. Motion passed unanimously. BUSINESS SESSION 1. Consideration of Participation in the Holiday Tree Lighting Ceremony. Director Hylton presented the staff report. COMMUNITY SERVICES COMMISSION MINUTES NOVEMBER 5, 20*2 .151 Motion A motion was made by Commissioners Engel/Leidner to appoint Commissioners Fitzpatrick, Blakeley, and Engel to assist with the Christmas Tree Lighting Ceremony. Motion passed unanimously. REPORTS AND INFORMATION ITEMS 1. August 2012 Department Report 2. September 2012 Department Report 3. Art Maintenance Priorities 4. Report from Commissioners Regarding Meetings Attended 5. Calendar of Monthly Events OPEN DISCUSSION Chairperson Fitzpatrick suggested the Fitness Center expand the Saturday hours. ADJOURNMENT There being no further business, it was moved by Commissioners Leidner/Lawrence to adjourn the meeting at 6:12 p.m. Motion passed unanimously. COMMUNITY SERVICES COMMISSION MINUTES NOVEMBER 5, 2012 4 152 REPORTS/INFORMATIONAL ITEM: 1S HISTORIC PRESERVATION COMMISSION MINUTES THURSDAY, OCTOBER 18, 2012 CALL TO ORDER A regular meeting of the La Quinta Historic Preservation Commission was called to order at 3:03 p.m. by Chairperson Redmon. Chairperson Redmon led the Commission in the Pledge of Allegiance. PRESENT: Commissioners Kevin Maevers, Skip Morris, Maria Puente, and Chairperson Peggy Redmon ABSENT: None STAFF PRESENT: Planning Manager David Sawyer and Secretary Monika Radeva PUBLIC COMMENT - None CONFIRMATION OF AGENDA— Confirmed APPROVAL OF MINUTES Motion — A motion was made by Commissioners Puente/Maevers to approve the Historic Preservation Commission Minutes of June 21, 2012, as submitted. Motion passed unanimously. BUSINESS SESSION 1. Historic Preservation Website and Interactive Database (2011 /2012 CLG Grant Project) Planning Manager David Sawyer gave a brief overview of the project and gave a presentation of the Historic Preservation webpages and the interactive database of the La Quinta Historic Resources Survey created by staff which was now available to view and use on the City's website. The Commission commended staff for doing a great job on the project and were very pleased with the final result. �° 15 2. Work Program for Upcoming Year Planning Manager Sawyer presented the items outlined in the 2012/2013 Work Program. There was general discussion regarding the following work topics for the 2012/2013 Work Program: • Improved curation procedures • Completion of Historic Context Statement and formal approval • Improved mitigation monitoring follow up and reporting • Continued local training and education opportunities CORRESPONDENCE AND WRITTEN MATERIAL - None COMMISSIONER ITEMS • Chairperson Redmon asked if there had been any candidates that had shown interest in filling the vacant Commissioner position. As the position also required that the candidate be a professional, she asked for clarification on what would constitute a professional Staff replied that they had reached out to different groups and organizations, but had been unsuccessful in trying to fill the position and explained that a professional would be anyone who has an education in architecture, planning, historic preservation, history, art history, etc., or has professional experience in these areas. Staff noted that State regulations required that only two out of the five Commissioners be professionals. However, the City of La Quinta bylaws required that'three out of the five Commissioners be professionals. Thus, if unsuccessful in filling the Commissioner position as a professional, staff might consider proposing to the City Council to amend the City's bylaws to comply with the State's requirement. Commissioner Maevers asked that staff provide him with an electronic copy of the requirements for a professional for the Commissioner position and said he would be glad to send it out to some of his colleagues with history education at the university where he teaches to find out if anyone would be interested. PLANNING STAFF ITEMS - None is 154 ADJOURNMENT There being no further business, it was moved by Commissioners Morris/Puente to adjourn this meeting at 4:05 p.m. Motion passed unanimously. Respectfully su mitted, MONIKA RA EVA, cretary City of La Quinta, California 3 �._ 15 REPORTS/INFORMATIONAL ITEM PLANNING COMMISSION MINUTES TUESDAY, OCTOBER 23, 2012 CALL TO ORDER A regular meeting of the La Quinta Planning Commission was called to order at 7:03 p.m. by Chairwoman Barrows. Commissioner Weber led the Commission in the Pledge of Allegiance. PRESENT: Commissioners Alderson, Weber, Wilkinson, and Chairwoman Barrows. ABSENT: Commissioner Wright STAFF PRESENT: Planning Manager David Sawyer, Principal Planner Andrew Mogensen, Principal Planner Wally Nesbit, Associate Planner Jay Wuu, and Executive Secretary Carolyn Walker. PUBLIC COMMENT - None CONFIRMATION OF AGENDA- Confirmed APPROVAL OF MINUTES Motion - A motion was made by Commissioners Alderson/Weber to approve the Planning Commission Minutes of September 25, 2012, as submitted with the addition of the following: Commissioner Wilkinson asked for the following item to be added to Public Hearing Item A, after Paragraph 6: Commissioner Wilkinson asked what the cost was on a project like this. Mr. Roach responded the total cost for buildings, land and all the development costs was about twenty -plus million. The construction costs could be $1004110 per square foot. AYES: Commissioners Alderson, Weber, Wilkinson, and Chairwoman Barrows NOES: None ABSENT: Commissioner Wright ABSTAIN: None 1 156 An additional comment was made by Commissioner Weber noting the new streamlined minute format and saying that, in the future, he may be asking that specific items, actions, and questions be added to the minutes. PUBLIC HEARINGS 1. Consideration of Site Development Permit 2012-923 submitted by , Master Association of Rancho La Quinta for Development Plans for the expansion of the Rancho La Quinta Jefferson Street Gatehouse, located at 49-003 Jefferson Street. Associate Planner Jay Wuu presented the staff report, a copy of which is on file in the Planning Department. Chairwoman Barrows asked if there were any questions of staff. There being no further questions of staff, Chairwoman Barrows asked if the applicant would like to speak. Mr. Curtis Shupe, Curtis R Shupe Design, 72-880 Fred Waring Drive, Suite A5, Palm Desert, designer of the project for the Master Association of Rancho La Quinta, introduced himself and offered to answer any questions. Commissioner Alderson commented on: • Whether the applicant had read and accepted the ALRC comments. • If the stacking was going to change. • If the flagpole would remain. • If a contractor would be dealing with the palm tree removal. Applicant responded affirmative on all points except the stacking; which would not be changing. Chairwoman Barrows commented on: • The. ALRC's conditions on additional landscaping; as what is shown is very sparse. • Shade, and the addition of bougainvillea, would be an advantage to the southern exposure. Mr. Shupe said the perspectives shown were deliberately sparse to highlight the design of the buildings, but the intent was to continue the type, style, and extent of landscaping currently there. He pointed out other exhibits showing 2 157 the landscaping, as well as the planter area which allowed additional landscaping opportunities. Mr. Shupe explained their electronics consultant's concern about extensive landscaping and moisture -proofing their equipment and then directed the Commission to Site Plan Sheet No. 2. Chairwoman Barrows asked if there were any more questions of the applicant. There being none she asked if there was any public comment. There being no other public comment, Chairwoman Barrows closed the public hearing portion of the meeting and opened the matter for Commission discussion. General discussion followed on: • Whether the ALRC recommendations on additional landscaping were included in the conditions; which staff confirmed had been covered in Condition No. 35. There being no further questions or discussion, it was moved and seconded by Commissioners Weber/Alderson to adopt Resolution 2012-026 recommending approval of Site Development Permit 2012-923 as submitted. AYES: Commissioners Alderson, Weber, Wilkinson, and Chairwoman Barrows NOES: None ABSENT: Commissioner Wright ABSTAIN: None 2. Consideration of Conditional Use Permit 2012-145 submitted by Tait & Associates, Inc. for a proposal to allow four (4) temporary metal storage containers during the 2012 Holiday Season. The containers are to be located at the Walmart Supercenter — 79-295 Highway 111. Principal Planner Andrew Mogensen presented the staff report, a copy of which is on file in the Planning Department. Chairwoman Barrows asked if there were any questions of staff. Commissioner Weber commented on: • The Holiday Reminder letter was very proactive. • That there was a definitive removal date (January 15, 2013). 3 158 Commissioner Alderson commented on: • Previous problems with holiday containers being removed on a timely basis. • The importance of the location of the containers and the lack of site pollution. • The importance of a definitive removal date. There being no further questions of staff, Chairwoman Barrows asked if the applicant would like to speak. Mr. Greg Fick, Tait & Associates, 701 North Park Center Drive, Santa Ana CA 92705, representing Walmart Supercenter introduced himself and said they reviewed the conditions and had no objections to them. He then offered to answer any of the Commissioners' questions. Commissioner Weber asked if he had dealt with this type of permitting in other cities. And, if so, were La Quinta regulations more stringent or more lax compared to those other cities. Mr. Fick responded some were more relaxed and some more stringent, but his experience with La Quinta was good. It was fast and efficient. Chairwoman Barrows asked if there were any more questions of the applicant. There being none she asked if there was any other public comment. There being no other public comment, Chairwoman Barrows closed the public hearing portion of the meeting and opened the matter for Commission discussion. There being no further questions or discussion, it was moved and seconded by Commissioners Alderson/Wilkinson to adopt Resolution 2012-027 recommending approval of Conditional Use Permit 2012-145 as submitted. AYES: Commissioners Alderson, Weber, Wilkinson, and Chairwoman Barrows NOES: None ABSENT: Commissioner Wright ABSTAIN: None 3. Zoning Ordinance Amendment 2012-109 submitted by the City of La Quinta for consideration of Amendments to the La Quinta Municipal Code; Section.9.150, Parking, and Sections related thereto. Location: City-wide. Principal Planner Wally Nesbit presented the staff report, a copy of which is on file in the Planning Department. Chairwoman Barrows asked if there were any questions of staff. 4 159 Commissioner Weber commented on: • Side entries and their clarification in the amended Ordinance. Commissioner Alderson commented on: • The phrasing of the amended Ordinance and how it covered many conditions and situations. Chairman Barrows commented on: • Clarification of locations, other than the Cove, where tandem parking was allowed. • The possibility of extra garage space being used for non -compliant activities; such as residential businesses. Staff explained the differences between what was previously, versus currently, stated in the Parking Ordinance relating to oversized tandem garages. Also, the City's role was to make sure a certain amount of garage space was included in a residential building plan, but not to address how the space was used. The exception to this would be if there was an obvious code issue with how the garage space was being utilized. Staff noted the Amendment information had been presented to the Cove Neighborhood Association for review and they did not have any concerns. There being no applicant, as this is a City project, Chairwoman Barrows asked if there was any public comment. There being no public comment, Chairwoman Barrows closed the public hearing portion of the meeting and opened the matter for Commission discussion. Commissioner Weber commented on: • His concern about the Commission overturning the Director's Determination and suggested using caution in the future. • Whether the project, which pre-empted these changes, is still moving forward. Staff responded it was. Chairwoman Barrows thanked staff for their efforts to bring forth consistency to the Code. 5 160 There being no further questions or discussion, it was moved and seconded by Commissioners Alderson/Wilkinson to adopt Resolution 2012-028 recommending approval of Zoning Ordinance Amendment 2012-109 as submitted. AYES: Commissioners Alderson, Weber, Wilkinson, and Chairwoman Barrows NOES: None ABSENT: Commissioner Wright ABSTAIN: None BUSINESS SESSION 1. Consideration of the Fiscal Year 2012/2013 Planning Commission Work Program. Planning Manager Sawyer presented Planning Commission Work Program Planning Department. Commissioner Comments follow. Parking Regulations Update: the items outlined in the 2012/2013 a copy of which is on file in the • Commissioner Alderson - suggested extending the width of the parking stalls from the minimum of nine feet to ten feet. He gave examples as to why this would be more effective. • Commissioner Weber - parking widths could be addressed with the parking regulations and urged staff to consider the parking needs of alternative vehicles such as NEVs (neighborhood electric vehicles) golf carts, bicycles, motorcycles, and motor scooters. • Chairwoman Barrows asked if there was a possibility of looking at requiring a lower amount of parking. (Staff responded they were looking into whether the ratios were accurate and expanded on minimum and maximum parking ratios.) She said the City of Palm Desert's Sustainability Commission was doing volunteer work on parking studies and suggested staff contact them on their findings. She was concerned about the heat islands caused by large parking lots along the Highway 1 1 1 corridor and encouraged staff to come up with some innovative solutions. She also encouraged staff to continue to look into making parking lots more pedestrian -friendly. Parking Improvement Area in the Village Commercial District: • Commissioner Alderson — said he had a problem with the payment of an in -lieu fee instead of adhering to the Code. (Staff explained the use r 161 of the in -lieu fee and pooling funds for purchase of future parking lot property.) • Commissioner Weber - said an in -lieu fee was a way of funding a resource (future Village parking lot) which was needed and it was an important thing to do. He commented on the funding allotted for this item and relayed his recent conversation with the Planning Director. He suggested staff recommend the Council approve additional funding, possibly for a consultant to make sure we put our best effort forward to eliminate any problems on the "back side". • Chairwoman Barrows — said it makes sense to consider a Parking Improvement Area for the Village. Temporary Sign Ordinance: • Commissioner Alderson asked if the Commission would be addressing political signs. (Staff said they were temporary signs and were covered under the Temporary Sign Ordinance. A decision had not yet been made on how, or if, they would be addressed in this amendment.) Permit Efficiency and Streamlining: • Commissioner Alderson - gave a positive example of the chart available in Building & Safety which showed the sequence of events and the tracking of each permit. He said it would be awfully helpful if an applicant could come in, look at a chart, and tell were their plans were at, without having to bother the Counter Tech. • Commissioner Wilkinson — asked if there was a way to identify time frames for each permit type. (Staff responded they were still in the conceptual stage on how to streamline and make adjustments.) He suggested that the streamlining not be tied to a specific time frame; such as 15, 30 or 90 days, due to scheduling on the part of the applicant; but instead to explain what time frame the applicant could typically expect. He also suggested that recurring applications, such as the containers reviewed earlier, could be approved annually by staff if there were no complications or issues from the previous year. • Commissioner Weber - customer service and streamlining are very important. There should be a standard and he suggested staff could check on industry standards to find out what their best practice was and use that as a benchmark. 7 1 162 • Chairwoman Barrows - asked if the City had considered on-line streamlining for simple permits as well as an on-line database and application system, such as that described by Commissioner Alderson, for tracking an application's progress. (Staff commented on the City's efforts to update current computer applications which could include taking advantage of technology to provide better methods of informing applicants of their project's status.) She suggested the City consider fee waivers or permit streamlining, as a reward, to draw in certain types of permitting such as solar installations, and projects with lowered parking ratios. CORRESPONDENCE AND WRITTEN MATERIAL - None COMMISSIONER ITEMS 1. Report on City Council meetings of October 2, and 16, 2012. 2. Commissioner Wilkinson is scheduled to attend the November 6, 2012, City Council meeting. 3. Commissioner Weber commented on the APA Conference and thanked the City for paying a half of the registration fees so he could attend the Conference. He commended Planning Director, Les Johnson, who was the Co -Chair of the Conference, held at Rancho La Palmas in Rancho Mirage. PLANNING STAFF ITEMS - None ADJOURNMENT There being no further business, it was moved by Commissioners Alderson/Wilkinson to adjourn this meeting at 8:1 1 p.m. AYES: Commissioners Alderson, Weber, Wilkinson, and Chairwoman Barrows NOES: None ABSENT: Commissioner Wright ABSTAIN: None Respectfully submitted, CAROL N WALKER, Executive Secretary City of La Quinta, California 163 REPORT/INFORMATIONAL ITEM: LU INVESTMENT ADVISORY BOARD MINUTES WEDNESDAY, NOVEMBER 14, 2012 CALL TO ORDER A regular meeting of the La Quinta Investment Advisory Board was called to order at 4:00 p.m. by Chairman Blum. PRESENT: Board Members Donais, Mortenson, Blum and Spirtos ABSENT: Board Member Park STAFF PRESENT: Finance Director, Robbeyn Bird and Senior Secretary, Vianka Orrantia PUBLIC COMMENT - None CONFIRMATION OF AGENDA Ms. Orrantia advised the Board of the two handouts, the first handout was a revision to page 3 of the Treasurer's Report and the second was a handout from First Empire with a list of Negotiable CDs (to be discussed under board member items). Motion - A motion was made by Board Members Mortenson/Donais to approve the agenda, as amended. Motion passed unanimously. APPROVAL OF MINUTES Approval of the Minutes of October 17, 2012 Board Member Mortenson requested further clarification to page 1, Item 1 of "Consent Calendar Items," third sentence to read: Board Member Mortenson maturities further out that the Board and staff extend Board Member Spirtos commented on the new format of the meeting minutes and suggested that page 2, under "Board Member Items," second sentence now read: INVESTMENT ADVISORY MINUTES 1 NOVEMBER 14, 2012 1 164 In response to Board Member Blum, Ms. Bird advised the Board thatittji staff does not hgve '7JEx'vi'xx--°:nr.afli� ended ChanCleS Motion - A motion was made by Board Members Mortenson/Donais to approve the Minutes of October 17, 2012, as amended. Motion passed unanimously. CONSENT CALENDAR ITEMS 1. Transmittal of Treasury Report for September 2012 Ms. Bird presented and reviewed the staff report for the month September 2012. At this time the handout listing the Negotiable CDs was discussed. Ms. Bird advised the Board that staff will be looking to invest in CDs with a maturity not more than two years. Board Member Mortenson reiterated what he has stated in previous meetings about taking a portion of the portfolio to gain an increase in the City's portfolio. Ms. Bird advised the Board that the banks listed in the handout are not located in the State of California but are FDIC insured. She further advised that the list consists of Callable and Non -Callable CDs, and advised that staff would consider investing in Callable CDs due to their higher rate of return. General discussion ensued amongst the Board regarding possible CD investment terms, (i.e. 2 years, 3 years or 5 years). In 'response to Board Member Blum, Ms. Bird advised that previously discussed in prior meetings, that amount considered to invest in CDs was $5 million. In response to Board Member Mortenson, Ms. Bird advised that the four point increase in the portfolio (referenced in the Treasurer's Commentary) was due to the rollover of investments into LAIF. Board Member Mortenson suggested that staff also include the future investment of CDs within the Treasurer's Commentary. Motion - A motion was made by Board Members Spirtos/Mortenson to review, receive and file the Treasurer's Report for September 2012, as submitted. Motion passed unanimously. INVESTMENT ADVISORY MINUTES 2 NOVEMBER 14, 2012 165 BUSINESS SESSION - None CORRESPONDENCE AND WRITTEN MATERIAL 1. Month End Cash Report - October 2012 Ms. Bird presented and reviewed the Month End Cash Report for the month of October 2012. 2. Pooled Money Investment Board Report - September 2012 Ms. Bird Presented and reviewed the Pooled Money Investment Board Report. BOARD MEMBER ITEMS Ms. Bird advised that at the next scheduled meeting in December, Bryan Gruber of Lance Soil & Lunghard will be in attendance to review the City's Comprehensive Annual Financial Report. Ms. Bird advised the Board that in the near future the financial reporting will be changed at the request of the City Manager. Ms. Bird requested any changes and/or suggestions from the Board. Board Member Mortenson stated that the Pooled Money Report and LAIF Summary report were similar in reporting the same financial information and could possibly be combined into one report. Ms. Orrantia advised the Board that the upcoming joint meeting scheduled for 5:00 p.m. on January 22, 2012 with the City Council and all boards/commissions: ADJOURNMENT There being no further business, it was moved by Board members Spirtos/Mortenson to adjourn this meeting at 4:32 p.m. Motion passed unanimously. RResp tfully sub fitted) Vianka Orrantia, Senior S cretary City of La Quinta, California INVESTMENT ADVISORY MINUTES 3 NOVEMBER 14, 2012 160 Department Report: _1 A TO: Honorable Mayor and Members of the City Council FROM: Frank Spevacek, City Manager DATE: December 18, 2012 SUBJECT: Quarterly Marketing Report Per the City's contract with FG Creative, Inc., the second Quarterly Marketing Report for Fiscal Year 2012/2013 is attached. 167 MARKETING PLAN Second Quarter Report of Fiscal Year 2012/2013 October -November -December Implemented by FG Creative, Inc. Cooperative Marketing Program: This program continues to offer a variety of advertising opportunities to various businesses in La Quinta. This quarter, the following were completed: • Eldorado Polo Magazine: Glossy magazine that is available at all Polo matches January through April. Co-op partners are Okura and Las Casuelas Quinta. (Attachment I) HITS Horseshow Program: Glossy magazine available throughout the 6-week hunter/jumper show in Thermal. Co-op partners are Lavender Bistro, Old Town La Quinta, Okura and Las Casuelas Quinta. (Attachment 2) Outdoor Billboard: The newly designed billboard went up on 1-10 in early November (Indian Avenue exit). Co-op partner is SilverRock Resort. Public Relations: Wrote and distributed press releases to promote monthly events in La Quinta, as well as the Creativity in the Cove museum exhibit, the new City of La Quinta booth at the Farmers Market, and the ordinance that was passed to secure vacation rental TOT. Also conducted media follow-up that included securing coverage for Christmas Tree Lighting. (Selected releases included as Attachment 3) 160 Facebook "Fan Page": The Facebook 'Pay Per Like' advertising program continues to be successful, with the page now at over 9,000 fans (a dramatic increase from 6,000 fans in late September). The Fan Page is updated consistently promoting events, City news and offering things like holiday salutations to fans on behalf of La Quinta. The targeted universe is the Western US, focusing on California, Washington and Oregon. PlayinLoQuinto.com Tourism Website: Monthly updates to events and the shopping and dining directory continue to be made, and home page ads reflect the most current upcoming events. The Humana Challenge Golf Tournament will be the next focus of the home page ad. Events Brochure: The 2013 La Quinta Area Events Brochure was completed and is being distributed in the Certified Folder program to over 160 outlets in the Coachella Valley, including hotels, visitor centers, and more. (Attachment 4) Annual Newsletter: The City's annual newsletter is in the works, and will be produced and mailed in early January 2013. La Quinta IlPhone App: The City app has been updated so that websites and phone numbers in the shopping and dining directory are "live" (i.e., able to be called and linked to at the touch of a button). The events database has also been completed so that every time the events are updated on La Quinta's tourism website, they will be updated on the app simultaneously. To date, there have been in excess of 750 downloads of the app, with an average of 5-8 per week. Most downloads are to US residents, then Canadians and finally Europeans. Local Advertising Campaign: The Media Plan for 2012-2013 has been finalized, and advertising is being booked in The Desert Sun (both main paper and the East Valley Sun weekly edition), KPSI-FM, KPLM-FM, Eagle 106.9 FM, KNWZ-AM and P 169 KEZN-FM, and the Travelhost Concierge map. In addition, local 'Pay Per Click' advertising is in place garnering exposure among those using search engines to send traffic to the tourism website, targeting keywords associated with events, shopping, dining, and golfing. Regional Advertising Campaign: The reduced regional efforts focus on a 'Pay Per Click' campaign targeting the local drive markets of Los Angeles, Orange County and San Diego counties, sending traffic to the tourism website, targeting keywords associated with shopping, where to stay, events and golf. Humana Proposal: Designed a proposal sent to Humana to introduce the possibility of Humana investing in a partnership for the future of active living in La Quinta. CVB Cooperative Advertising: City staff completed two cooperative advertising programs with the Greater Palm Springs Convention and Visitors Bureau and other Valley cities. One program involved an advertisement in the 2073 California Official State Visitors Guide & Travel Planner, and the other involved advertisements in Canadian newspapers and four key publications that target US travelers: Travel + Leisure, Food & Wine, and Budget Travel. These programs contain digital components and reach millions of consumers. 3 110 ATTACHMENT ? Just r»iriutes qyk , . _ a., _ `I ow 171 3 ' I "' AMIL CITY OF to CQUI NTA * 7$-495 CALIF TA) (760) 777-7035 * www.tA-gyjmnr&ORG Media Contact: Andrea Carter Director of Publicity / FG Creative (760) 773-1707 or and rea(&fgcreative.com FOR IMMEDIATE RELEASE October 11, 2012 LA QUINTA MUSEUM INTRODUCES NEW "CREATIVITY IN LA QUINTA COVE" EXHIBIT (La Quinta) - The La Quinta Museum is pleased to introduce the "Creativity in La Quinta Cove" exhibit, highlighting 34 artists who currently reside in the neighborhood surrounding the Museum. This exhibit is currently open to the public Tuesday through Saturday from 10:00am to 4:00pm until December 22, 2012. "This is the perfect way to bring our community together," said Anne Phillips, the new director of the museum who originally conceptualized this exhibit. "While setting up their work, artists recognized each other but until then had no idea that the neighbor they talked to every morning walking a dog was also an artist." Not only are the artists from La Quinta, but much of their work represents or features what Phillips refers to as "the beauty of the mountains, clean air, and constant sunshine that surround us in this amazing desert." One of the artists, a wood turner who often uses wood native to the Cove for his bowls, platters, etc., even likes to joke that if a tree falls nearby, he will be right there to catch it and turn it into art. On Thursday, October 18, 2012, from 4:00pm to 6:00pm, the Historical Society will host a reception for the artists participating in the exhibit. In addition to meeting the artists, attendees will be able to interact with Diane McClary, who will be painting in the La Quinta Museum courtyard. She will discuss her use of color and the inspiration she gets from living in the Cove. In addition, on December 2, 2012, many of the exhibit artists will be hosting tours of their studios. More details will be available within the next few weeks. "This exhibit is meant to bring our community together in a personal way and celebrate the talent we have right here in our own backyard," added Phillips. The La Quinta Museum is located at 77885 Avenida Montezuma oust off Eisenhower) in the historic La Quinta Cove district. The hours are Tuesday through Saturday from 10:00 am to 4:00 pm. For more information, contact 760.777.7170 and please visit: www.PlayinLaQuinta.com. 173 T r Crrr of t.A Q_UINTA • 78-493 CALLS TAA (760) 777-7035 • www.t.A-(Wit4TA oRG Media Contact: Maria Casillas Public Information Officer (760) 777-7086 or mcasillas@la-ouinta.oM FOR IMMEDIATE RELEASE November 2, 2012 City of La Quinta to Host Booth at Certified Farmers Market Beginning this Sunday, the City of La Quinta will host a booth at the Certified Farmers Market in Old Town La Quinta. Residents and visitors are invited to stop by between the hours of 8:00 a.m. and 12:30 p.m. to visit with the City's Public Works Director, who can answer questions about the Adams Street Bridge and other public works projects as well as City Services. City staff will be on hand at the booth on the first and third Sunday of every month through Memorial Day weekend (May 2013). City Departments will rotate on different Sundays with the Public Works Department being the first to attend this Sunday, November 4. "We want people to stop by, ask questions, and get to know more about all that's happening in the City of La Quinta," said Frank Spevacek. "It's an opportunity for residents and visitors to be informed and get updated on projects and plans for La Quinta's future. For more information, please call 760.777.7000 E 13. 174 _4' , i -� CITY OF to QUINTA • 78 493 CAuE TA/ (760) 777-7035 • www.LA-0_1!1NTA.ORG FOR IMMEDIATE RELEASE October 17, 2012 Media Contact: Maria Casillas Public Information Officer (760) 777-7086 or mcasillascWla-guinta.org City of La Quinta Passes Ordinance to Secure Vacation Rental TOT (La Quinta) Yesterday, the La Quinta City Council passed an ordinance directed towards improving collections of the City's ten percent transient occupancy tax (TOT) from vacation rentals in La Quinta. The ordinance is intended to help generate additional revenue for the City as part of efforts to improve its budget in the coming months. With the elimination of the La Quinta Redevelopment Agency, the City has been working on developing new revenue streams while evaluating future cuts to maintain a balanced budget and avoid depleting reserves. Establishing this program may generate $300,000 of new transient occupancy tax revenue during the first year, with full implementation estimated to generate as much as $600,000 annually. Up to this point, most short-term vacation rental owners of these rentals have not collected and remitted the 10% TOT payment as required by the City's Municipal Code. This Ordinance implements current provisions of the Municipal Code as they relate to collecting TOT from short-term vacation rentals. There are 106 units currently registered with the City under the existing TOT registration requirement; however, there could be as many as 1,000 short-term vacation rental units in the City with only 10% of the owners collecting and remitting the required TOT. The ordinance requires homeowners or management companies representing short-term vacation rentals to annually register rental property(ies); provide contact information of the homeowner and/or authorized agent; designate a local contact person that will be available at all times to respond to complaints; post a City -issued certificate number on any advertisements; hand out a copy of a City -prepared 'Good Neighbor Brochure' that will provide guidelines on noise, parking, and maximum number of occupants to transient(s); and report transient occupancy tax activity of the rental units on a monthly basis. For more information, call the Planning Department at (760) 777-7125. 175 RENT 4 176 177 Department Report: T4hY i 4vQ" MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Debbie Powell, Economic Development/Housing Manager DATE: December 18, 2012 SUBJECT: Oversight Board Meeting Update Report The Oversight Board met on October 10, 2012 to adopt a resolution approving the Housing Fund Due Diligence Review pursuant to AB 1484. There was no additional public comment at this meeting; therefore, the Oversight Board approved the Housing Fund Due Diligence Review. The Review was submitted to the Department of Finance, State Controller's Office, County Auditor -Controller, and County Executive Office. The Department of Finance approved the Review on November 6, 2012. On November 28, 2012, the Oversight Board convened a public comment session on the Non -Housing Fund Due Diligence Review pursuant to AB 1484. There were no public comments made at the meeting. The Oversight Board held a special meeting on December 5, 2012 to adopt a resolution approving the Non -Housing Fund Due Diligence Review. The Review was subsequently submitted to the above -listed State and County agencies. The Department of Finance must make its determination by April 1, 2013. Attachment: 1. Approved Oversight Board Action Minutes of October 10, 2012 and November 28, 2012; Draft Action Minutes of December 5, 2012 178 ATTACHMENT I OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO LA QUINTA REDEVELOPMENT AGENCY MINUTES WEDNESDAY. OCTOBER 10, 2012 CALL TO ORDER A special meeting of the Oversight Board of the Successor Agency to La Quinta Redevelopment Agency was called to order at 2:00 p.m. by Chairperson Pena. PRESENT:— ---Board-Members Ellis, Marshall, Maysels, McDaniel, Osborne and Chairperson Pena. ABSENT: Board Member Nelson STAFF PRESENT: Frank J. Spevacek, Executive Director of the Successor Agency Debbie Powell, Economic Development/Housing Manager PUBLIC COMMENT - None CONFIRMATION OF AGENDA — Confirmed as submitted. APPROVAL OF MINUTES Motion — A motion was made by Board Members Maysels/Marshall to approve the Oversight Board Minutes of October 3, 2012, as submitted. Motion passed unanimously. CONSENT CALENDAR 1. Adoption of a Resolution Approving the Low -Moderate Income Housing Fund Due Diligence Review Pursuant to AB 1484 MOTION — A motion was made by Board Members Ellis/Marshall to adopt Resolution No. OB 2012-016. Motion passed 6 ayes, 0 noes,1 absent. 1�a RESOLUTION NO. OB 2012-016 A RESOLUTION OF THE OVERSIGHT BOARD OF THE CITY AS SUCCESSOR AGENCY TO THE LA QUINTA REDEVELOPMENT AGENCY REVIEWING, APPROVING, AND TRANSMITTING THE DETERMINATION OF LOW AND MODERATE INCOME HOUSING FUND CASH AND CASH EQUIVALENTS AVAILABLE FOR DISBURSEMENT PURSUANT TO HEALTH AND SAFETY CODE SECTION 34179.5 ADJOURNMENT There being no further business, it was moved by Board Members Maysels/Ellis to adjourn this meeting at 2:03 p.m. Motion passed unanimously. Respectfully submitted, e0YLAFON(K Oversight Board S etary City of La Quinta, California OVERSIGHT BOARD 2 OCTOBER 10, 2012 1 180 OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO LA QUINTA REDEVELOPMENT AGENCY MINUTES WEDNESDAY, NOVEMBER 28, 2012 CALL TO ORDER A special meeting of the Oversight Board of the Successor Agency to La Quinta Redevelopment Agency was called to order at 2:03 p.m. by Chairperson Pena. PRESENT: Board Members Ellis, Marshall, Maysels, McDaniel and - - - Chairperson Pena - - - ABSENT: Board Members Nelson and Osborne STAFF PRESENT: Frank J. Spevacek, Executive Director of the Successor Agency Debbie Powell, Economic Development/Housing Manager PUBLIC COMMENT - None CONFIRMATION OF AGENDA - Confirmed as submitted APPROVAL OF MINUTES Motion - A motion was made by Board Members Maysels/Marshall to approve the Oversight Board Minutes of October 10, 2012, as submitted. Motion passed unanimously. PUBLIC COMMENT SESSION 1. Receive Public Comments Regarding Non -Housing Fund Due Diligence Review Pursuant to AB 1484 No public comment. 181 ADJOURNMENT There being no further business, it was moved by Board Members Maysels/Ellis to adjourn this meeting at 2:07 p.m. Motion passed unanimously. Respectfully submitted, LORI LAFOND, Oversight Board Secretary City of La Quinta, California SPECIAL MEETING OVERSIGHT BOARD 2 NOVEMBER 28, 2012 182 (OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO LA QUINTA REDEVELOPMENT AGENCY MINUTES WEDNESDAY, DECEMBER 5, 2012 CALL TO ORDER A regular meeting of the Oversight (Board of the Successor Agency to La Quinta Redevelopment Agency was called to order at 202 p.m. by Chairperson Pena. i PRESENT: Board Members Ellis, Maysels, McDaniel, Osborne and Chairperson Pena ABSENT: Board Members Marshall and Nelson STAFF PRESENT: Frank J. Speva Debbie Powell, PUBLIC COMMENT -allone CONFIRMATION OF' AGENDA '- Item No..1 be Chang( APPROVAL OF MIND Director of the Successor Agency elopment/Housing Manager rd Member Osborne requested that Consent im No. 1. The Board made no objection. Motion - A motion was made by Board Members Ellis/Maysels to approve the Special Oversight Board Minutes of November 28, 2012, as submitted. Motion passed 4 ayes, 1abstain, 2 absent (Board Member Osborne abstained due to absence at the November 28; 2012 meeting). BUSINESS SESSION 1. Adoption of a Resolution Approving the Non -Housing Fund Due Diligence Review Pursuant to AB 1484 MOTION - A motion was made by Board Members Osborne/Ellis to adopt Resolution No. OB 2012-017. ,Motion passed 5 ayes, 0 noes, 2 absent. 183 RESOLUTION NO. OB 2012-017 A RESOLUTION OF THE OVERSIGHT BOARD OF THE CITY AS SUCCESSOR AGENCY TO THE LA QUINTA REDEVELOPMENT AGENCY REVIEWING, APPROVING, AND TRANSMITTING THE DETERMINATION OF NON - HOUSING FUND CASH AND CASH EQUIVALENTS AVAILABLE FOR DISBURSEMENT PURSUANT TO HEALTH AND SAFETY CODE SECTION 34179.5 ADJOURNMENT There being no further business, it was moved by Board Members Maysels/Osborne to adjourn this meeting at 2:06 p.m. Motion passed unanimously. Respectfully submitted, LORILAFOND Oversight Board Secretary City of La Quinta, California OVERSIGHT BOARD 2 DECEMBER 5, 2012 184 Department Report: 1C L1-1 ower F 2. CE`N OF T4�'9 TO: Honorable Mayor and Members of the City Council FROM: Frank J. Spevacek, City Manager DATE: December 18, 2012 SUBJECT: La Quinta Chamber of Commerce Quarterly Report Per the City's contract with the Chamber of Commerce for Fiscal Year 2012/2013, the Quarterly Report for Period Ending March 2013 is attached. 185 78-275 Calle Tampico #B, La Quinta CA 92253 Ph: (760) 564-3199 Fax: (760) 564-3111 November 29, 2012 To: Frank J. Spevacek, City Manager, City of La Quinta From: David S. Archer, President/CEO, La Quinta Chamber of Commerce Re: Quarterly Report for Period Ending September 2012 The following is the required reporting for the first quarter of Fiscal Year 2012 — 2013 for the La Quinta Chamber of Commerce in accordance with our Contract for Services. For your convenience we have included a brief Executive Summary on the highlights of the current fiscal year. Items Discussed Below in detail: ❑ Contract for Services 1. Business Retention and Promotion 2. The GEM Community Newsletter 3. The Visitor's Center 4. Annual Financial Review I look forward to continuing to build on our great working relationship between the City and the Chamber and do not hesitate to contact me if you have any questions or further requirements. Respectfully, David S. Archer Presideht/CEO La Quinta Chamber of Commerce Cc: Maria Casillas - City of La Quinta receotion(illwhamber.com • w .lachamber.com Mark Moran Chairman of the Board La Quinta Chamber of Commerce The Voice of Business 186 Executive Summary Key Items of note are: Business Retention/Promotion and Economic Development The Chamber continues to reach out to all the businesses in the Village area and through the 4th Quarter of last Fiscal year had contacted 100% per the Contract for Services. In July the Chamber produced the Carnaval of Lights 4t" of July Parade, Chili Cook -off, and Fireworks display that brought in over 20,000 participants into the La Quinta Community Park, la Quinta Resort, Fritz Burns Park, Civic Center Park and the surrounding communities. It was a great success for businesses and community members alike and planning has begun on next year's event. Upcoming Events include the 7t" Annual Car Show and 4t" Annual Taste of La Quinta both of which have strong attendance and community support. On a Previous Fiscal Year and on a Current Year to Date basis the Chamber continues to make progress on adding and retaining members and while some businesses have closed, others follow in opening. The fact new businesses are opening is favorable sign that the business environment may be improving ever so slightly. Member Communication The Chamber has launched its new website and is working though some logistic and operations items. Events can be booked through the website and weekly member specials will be included as appropriate. Currently the Chamber is in the process of creating and delivering another issue of the La Quinta Community Map featuring members, local events, and points of interest in and around La Quinta. This year's perspective has been changed to "North" facing and has been expanded to include our members in surrounding cities, and while the Map is La Quinta "centric," other Valley features are included. 25,000 copies will be printed and delivered to the Chamber in early January 2013 and a version will be included as a "pullout" in the January edition of the GEM newspaper. The Chamber is working with the Humana Challenge to distribute the map at the various venues during the golf tournament in January. Maps continue to be the number one requested item by visitors to the Chamber. Events/Networking The Chamber continues to refine events and add others as appropriate. Most recently the Chamber initiated a "Lunch Mob" whereby members are notified via social networking means to be at a designated Member location to network with other members and potential members. Community/Charity Local Charities are important to the. Community and the Chamber continues to support our local Charities with proceeds from events and in -kind advertising in the GEM that totaled over $16,000 for the Fiscal Year ending June 30, 2012. Financial For Fiscal Year ending June 30, 2012 the Chamber finished with a slight Net Profit and is the second consecutive year since the economic downturn. Additionally, the Chamber, in accordance with the Contract for Services, is finalizing an Audit by an external Certified Public Accountant (CPA) and will be.complete in the next few weeks. Additional detail can be found in the following pages. 181 Chamber Members by City Key Statistics: September 2012 �e Total 406 Q��c�o1 S Retail 17% 4W Dropped Members Fiscal-YTD September 2012 Dropped 25 Education Financial/Real Estate Automotive 0% 48° 8%" Cher I°h Professional Services Restaurants - Non -Profit 12% 8% 0% New Members Fiscal YTD September 2012 Service New Members 24 Education 21% Automotive 0% 4% Financial/Real Estate Restaurants Professional Services 4% 13% 8% Hospitality 0% Medical 4% m-Profit 8% 168 1 Business Retention/Promotion and Economic Development There are several key areas that The Chamber will focus on as it pertains to Business Retention/Promotion and Economic Development; Village Businesses, Member Retention, New Members, Member Communications, and Events. Village Businesses Village Re ortin 1s` Qtr u] Total Businesses Contacted 1" Qtr Percentage Contacted Chamber Members Contacted YTD Percentage Contacted 201 43 21% 91 43 21% Concerns/Comments: ❑ I keep getting citations. ❑ The City's sign ordinance is forcing me to close my business. ❑ Why is code enforcement coming out at the beginning of "Season" and disallowing "sandwich boards?" ❑ When will the Street Fair be brought back? ❑ Rents seem too high! ❑ Our move to "the Village" was a good move ❑ The Taste of La Quinta was a great day for business Action Taken: ❑ Continue to educate businesses and meet with City Staff ❑ Met with City Staff and they developed a temporary sign ordinance which allow for "A" Boards for local businesses. a Events continue to be discussed for the Village Area o The Chamber continues to perform numerous Ribbon Cuttings for Village Businesses and will continue as appropriate. ❑ The La Quinta Chamber of Commerce Village Sign Program continues to be offered to Chamber and Non -Chamber members. ❑ The Chamber Team will continue to contact the 100% of the "Village" Businesses. ❑ Continue utilizing radio and other media to promote events in the "Village" as appropriate Events in Process/Proposed ❑ The 7s' Annual Car Show will be held on January 27, 2013 — last year's event was a great success. The Riverside County Sheriff working the event estimated over 5,000 were in attendance and a local car Dealers actually closed a deal at the event. ❑ A Taste of La Quinta 2013, our 4`a Annual event is planned for February 23, 2013 — in Old Town - wine and food festival. In 2012 there was inclement weather so the event was moved to Easter weekend, and while the event was great, a number of the food participants could not attend. The event in April featured 18 Restaurants and 15 verities of Wines. Participants were again treated to great food, wine, and a large commemorative wine glass! R ❑ The Carnaval of Lights, Light Parade and Fireworks Display was a great event working with several community Partners including, the Desert Recreation District, Family YMCA of the Desert, La Quinta Rotary, and the City of La Quinta. The parade traveled through Old Town, left on Avenida Bermudas, right on Montezuma and circled the La Quinta Community Park clockwise. There were food vendors, a beer garden, kid's zone with water features, and entertainment. Activities kicked off at 4:30pm and included a Chili Cook -off. Attendance was estimated at over 20,000 in and around all the immediate local parks and at the La Quinta Resort. Member Retention Summary For the first quarter of the Fiscal Year of 2012 — 2013 the member retention at 47% slightly behind the normal industry average of 70% due to the timing of past due renewals and the rollout of the website. Members are converting over to and automatic renewal and that should impact the renewals favorably in the future. On a quarterly basis "Drops" and "Adds" were approximately the same and the Chamber Sales Team is working to reverse the "summer" slowdown. New Members and retention continues to be an area of focus for the Chamber Team. Retention Reporting Renewals FY-10-11 FY-11-12 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr . YTD Available 375 402 118 118 Actual 278 256 56 56 Retention % 74% 64% 47% 47% Drops 109 128 25 25 Adds in 90 24 24 Ending 455 411 406 406 Comments: ❑ "The Economy is driving me out of business!" ❑ Sign issues still concern many members such as Janice Hall Art Gallery ❑ Businesses' needs a reprieve in the summer months. ❑ Can't the City provide additional monetary support to struggling local businesses ❑ Dropping all Chamber memberships until begin making money ❑ Business is slow and cannot afford the membership Action Taken ❑ Discussions with City Staff regarding the "sign" concerns from Members ❑ Continue to add value through strategic partnerships such as Office Depot and offering additional benefits for members ❑ Proactively working with the City on member issues ❑ Developing new events/programs to assist local businesses ❑ Consulting with businesses on ways to enhance their business' 190 New Members Summary For the current Fiscal Year 2012-2013 new member gains have been sluggish due to the economy and shows minor signs of improvement. The Chamber continues to work with the City regarding the new permit reports and continually seeks to improve the process. New Members FY-10-11 FY-11-12 Jul AugSet 4th Qtr YTD Total 1 129 90 15 2 7 24 24 Action Taken ❑ New Members are beginning to pick back up after a hot summer. ❑ The Chamber is reviewing an additional Board of Directors "Membership" drive in the future. ❑ The Chamber Team continues contacting approximately 25 businesses a day ❑ All New Members are invited to the Mayor's Lunch and the Member Forum as appropriate. ❑ Individual meetings are held to discuss member needs and expectations as appropriate. ❑ Chamber Board Members continue to assist in the sales process by providing leads and in some instances going on calls with the Sales Team Member Communications Methods of Communication — Email Blasts, The GEM, www.igehamber.com, City Map and Business Directory, The Desert Radio Group, Time Warner Cable. Web Site ❑ The Chamber has revised its website and integrating other technologies. Site traffic has tripled since the new site went live in early summer and will only get better as logistics and processes are refined. Web Site 1stQtr Rolling 4 Quarters Visits 1,054 3,250 Page Views 4,857 8,227 Page Visits 4.61 2.35 Avg. Time on Site 3.27 1.78 New Visits 74% 82% Map ❑ Currently the Chamber is in the process of creating and delivering another issue of the La Quinta Community Map featuring members, local events, and points of interest in and around La Quinta. The Map is La Quinta "centric," other Valley features are included. 25,000 copies will be printed and delivered to the Chamber in early January 2013 and a version will be included as a "pullout" in the January edition of the GEM. 191 facebook ❑ The Chamber continues to utilize facebook as a means of communicating with its members and has invited all members to be "friends" of the Chamber. Chamber "friends" list continues to grow and is now up to 3,021. Twitter/E-vite ❑ The Chamber is advertising events on Twitter with noticeable success. The "Lunch Mob" event has been developed specifically for advertising on Social Media. Constant Contact ❑ There are weekly email blasts sent out by the chamber to all existing and former members, approximately 1,600, to promote upcoming Chamber, Community, and City events. Events Events Summary — The Chamber continues to focus on its current lineup of events and while the economic times have proven to be a challenge for event attendance, attendance on a percentage of total members is consistent year over year and the Flash Lunch Mob has focus on "Social Media" and attracting attendees through facebook, Twitter, and email. The Mayor's Cup Golf Challenge was held at La Quinta Country Club and featured a "nine" hole competition with a "shootout" at the end. Several participants commented favorably on the, revised format and on the timing in September. Events for 2013 include the 70' Annual Car Show being planned for January 27, 2013 and the Humana Challenge "Kickoff' Breakfast is scheduled for January 15, 2013. Additionally, the Chamber will again participate in the "Champions Lounge" for members to bring in guests and entertain them for a nominal fee. The 4`d Annual "Taste of La Quinta" event in Old Town La Quinta is scheduled for February 23, 2013. LQCC Event Attendance 300 250 200 150 100 50 0 Jan 07 - Sep 12 1'07 3'07 5'07 1'08 3'08 5'08. 1'09 3'09 5'09 1'10 310 5'10 1'11 3'11 5'11 1'12 oBrea Jest Network ©Power Lunch aMayors Lunch 199 The GEM Newsletter 70,000 60,000 50,000 40,000 30,000 20,000 10,000 The GEM ad sales income continues to be favorable to the expense to produce and deliver the GEM as visible in the charts/graphs below. As you are aware the GEM is the only Chamber/City newsletter in the Valley distributed to each resident, Chamber member, and non -Chamber business in La Quinta and equates to approximately 21,000 depending upon the time of year. Several members report that their advertisements through the Chamber and specifically the GEM bring in the most business of any other advertising methods. Additional distribution channels are being investigated to further the placement of the GEM and our advertisers' visibility in the community. The Chamber has the ability to print up to 40 pages without an increase in expense. Currently the GEM has 36 pages. Gem Metrics Distribution FY-11-12 Jan Feb Mar 1" Qtr YTD Residents 18,831 17,497 17,497 17,497 17,497 17,497 Members / Businesses 2,297 2,463 2,468 2,466 2,466 2,466 Total 21,128 19,960 19,965 19,963 19,963 19,963 Expenses Postage 39,584 3,243 3,222 3,223 9,688 9,688 Printing 63,642 5,146 5,146 5,146 15,437 15,437 Fulfillment 22,395 1,698 1,786 1,784 5,269 5,269 Total 125,621 10,087 10,154 10,153 30,394 30,394 LQCC GEM Ad Revenue Jul 06 - Mar 12 Jul - Sep Jan - Mar Jul - Sep Jan - Mar Jul - Sep Jan - Mar Jul - Sep Jan - Mar Jul - Sep Jan - Mar Jul - Sep Jan - Mar Jul - Sep 06 07 07 08 08 09 09 10 10 11 11 12 12 M Legislative Items The Chamber hosted the Candidates Forum in September that included all of the Candidates running for Mayor and City Council and was moderated by Tamara Damante. Legislative items/actions taken in the last year by the Chamber were numerous letters of support for propositions such as Proposition 22. In the most recent months the Chamber "Supported" keeping the Redevelopment Agencies (RDA's) intact and sent letters to the Legislators, including the Governor, accordingly. Similarly, the Chamber Board voted to support the Enterprise Zones which are being scrutinized as well for State Budget purposes. The Chamber continues to be proactive from a Legislative perspective and will supportloppose items appropriately. Annual Financial Review The Chamber understands the importance of its fiscal responsibility and is working constantly to ensure our books are in order. The Chamber is in the process of completing its Audit that is required every third year in the Contract for Services. As a course of business the Chamber proactively evaluates our processes and procedures to ensure the receipt of fees in a timely manner and payables are filled as appropriate. Community/Charity Other Local Charities are important to the Community and the Chamber continues to support our local Charities with proceeds from events and in -kind advertising in the GEM that totaled over $16,000 for the Fiscal Year ending June 30, 2012. 1 •U Department Report: 1 D C w5 6y OF T TO: The Honorable Mayor and Members of the City Council FROM: Frank J. Spevacek, City Manageot� DATE: December 18, 2012 v!! SUBJECT: Department Report - Response to Public Comment The following public comments were made at the December 4, 2012 City Council meeting: PUBLIC COMMENT 1. Rosette Kival, La Quinta - Ms. Kival stated California Bio Mass odor continues and is affecting her enjoyment of life. She asked Council to do what they can to get this company shut down. Mayor Adolph responded not having received any complaints lately, it was hoped that the perimeter misting system installed by California Bio Mass had eliminated the odor problem. Mayor Adolph relayed the strong position he and Council Member Franklin took with the County at their last meeting, and reminded Ms. Kival of La Quinta's limited control over the situation. Ms. Kival expressed her appreciation for Council's help to date but those agencies are not helping. Mayor Adolph said the City will put the agencies involved on notice that the misting system has not corrected the odor problem. 2. Kathy Housel, La Quinta - Ms. Housel cited data provided by the Air Quality Management District (AQMD) on California Bio Mass odor complaints. Ms. Housel thanked City Attorney Jenson for her letter on this matter. Mayor Adolph thanked Ms. Housel for the information provided and said that the City will be contacting the County Supervisor. 195 Planning Director Johnson has provided an update in response to the comments received during the December 4, 2012 City Council meeting with regards to California Bio-Mass: City staff met with Supervisor Benoit's staff and conducted a site visit on December 6. Staff observed the operation of a recently installed misting system intended to help reduce odors generated from the facility. This was the first full day of operation for the misting system, which appeared to help minimize but not eliminate the odors being generated from California Bio-Mass. As this is a new system, it is likely that it may take a few days for California Bio-Mass to work out any possible issues. City staff conducted follow up visits the mornings of December 7 and 8 and did not observe any odors in proximity of Trilogy. Supervisor Benoit's staff member reported his observations back to the Supervisor. Staff has also reviewed the Notice and Order (#12-03) issued by Riverside County Department of Environmental Health on November 28, 2012. Mrs. Housel made reference to this when addressing City Council. This Notice and Order requires California Bio-Mass to "minimize off -site odors occurring from the facility in any direction and cease causing a public nuisance" by December 17, 2012. It also requires all static piles containing grease to be completely processed by August 19, 2013. The Notice and Order also states that failure to comply may cause further legal action and may include permit suspension or revocation and civil penalties of up to $10,000 for each day the violation occurs. City staff will continue to work closely with Supervisor Benoit's staff in monitoring this matter. 196 DECEMBER 18 DECEMBER 19 DECEMBER 24 DECEMBER 25 DECEMBER 31 JANUARY 1 JANUARY 2 JANUARY 2 JANUARY 15 JANUARY316 JANUARY 21 JANUARY 22 FEBRUARY 5 FEBRUARY 6 FEBRUARY 18 FEBRUARY 19 FMRUARY 20 a DEPARTMENT REPORT: 2 CITY COUNCIL'S UPCOMING EVENTS CITY COUNCIL MEETING OVERSIGHT BOARD MEETING -CANCELLED CITY HALL CLOSED - CHRISTMAS EVE CITY HALL CLOSED - CHRISTMAS CITY HALL CLOSED - NEW YEARS EVE CITY HALL CLOSED - NEW YEARS DAY SPECIAL CITY COUNCIL MEETING OVERSIGHT BOARD MEETING -CANCELLED CITY COUNCIL MEETING OVERSIGHT BOARD MEETING CITY HALL CLOSED - MARTIN LUTHER KING DAY SPECIAL JOINT CITY COUNCIL MEETING CITY COUNCIL MEETING OVERSIGHT BOARD MEETING CITY HALL CLOSED - PRESIDENT'S DAY CITY COUNCIL MEETING OVERSIGHT BOARD MEETING 19l December 2012 Monthly Planner 1 2 3 4 5 6 7 8 10:00 AM Trorog- 3:00 PM City 2:00 PM Over- 12,0) PM Mayors Lunch 6:00 PM CHRIST- HerHersen Council Meeting sight Board MAS TREE @all PM ee Energy cmao-EanMM Meeting - LIGHTING 9 10 11 12 13 14 15 10A0 AM Pub. Sfty- 7:00 PM Planning 4:00 PM ImMstment 11:00 AM CVCC-EVANs Household Hazar- "anderson Commission Advisory Board 12:00 PM EnergyA:nvirori. dous Waste 530 PM Communes Ssnlc.s Commission -EVANS Collection 6:00 PM league. Hetldenen 16 17 18 19 20 21 22 3:00 PM City 1000 AM Hom.uaas,xa. Cana, IMNE 3.00 PM Historic PmseH soo AM CVA-Evans Council Meeting 2:00 PM Over- vation Commission sight Board Meeting - CANCELLED 23 24 25 26 27 28 29 7:00 PM Planning 12:00 PM SusilineAdolpb Commission Christmas Eve - City Hall Closed r Christmas Day - City Hall Closed 30 2 1 ✓ November 12 January 13 4.30 PM Exec Corte: S M T W T F S S M T W T F S - AMA - 1 2 3 1 2 3 4 5 4 5 6 7 8 9 10 6 7 8 9 10 11 12 ll 12 13 14 15 16 17 13 14 15 16 17 18 19 18 19 20 21 22 23 24 20 21 22 23 24 25 26 25 26 27 28 29 30 27 28 29 30 31 New Years Eve - City Hall Closed Printed by Calendar Creator Plus on 12/11/2012 We e January 2013 Monthly Planner 1 2 3 .4 5 December 12 3:00 PM City 3:00 P.M. CITY S M T W T F S Council Meeting COUNCIL 2 3 a s 6 7 I CANCELLED -MEETING 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Oversight Board 23 24 25 26 27 28 29 Meeting - 30 31 NEW YEARS DAY CANCELLED -CITY HALL CLOSED 6 7 8 9 10 11 12 10:00 AM TransP 7:00 PM Plmewp 4:00 PM ImestnulR RW AM MMaI Cannp s Franklin Henderson o. RA no Energy Commission Advisory Board 11'DO AM CVCGEVANS p 12:00 PM EmWlEmimn. -EVANS 13 14 15 16 17 18 19 10:00 AM Pub. Shy. 3:00 PM City, 1000 AM 0""8a CmEaO.SWRNE &W PM Historic Purser- sm AM cvaEa4^. Henderson Council Meeting 2:00 PM Over - ration Commission 3 PM Alta. Co CensvemngfrmdcEn Board Meeting 20 21 22 23 24 25 26 5:00 PM SPECIAL 12:00 PM Noon - JOINT CITY Sunline -Adolph COUNCIL MEET - CITY HALL ING @ LQ LIBRARY CLOSED- MARTIN LUTHER KING DAY 27 28 29 30 31 4.30 PM Exec Cmn: February 13 Ate' S MT WT F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Printed by Calendar Creator Plus on 12/11/2012 199 February 2013 Monthly Planner 1 2 January March S M T W T F S S M T W T F S 1 2 3 4 5 1 2 6 7 8 9 10 11 12 3 4 5 6 7 8 9 13 14 15 16 17 I8 19 10 11 12 13 14 IS 16 20 21 22 23 24 25 26 17 18 19 20 21 22 23 24 25 26 27 28 29 30 27 28 29 30 31 31 3 4 5 6 7 8 9 10:00 AM Tnmmp� 3:00 PM City 2:00 PM Over- moo vM Mayors Lunch Heads= Council Meeting sight Board Meeting - 10 11 12 13 14 15 16 10:00 AM Pub. Shy. 7:00 PM Planning 4:00 PM Investment 12:00 PM EmsmlEnyisenn a:oo AM cv E-m Henderson Cnnnnnissim Adeisry Board -EVANS 17 18 19 20 21 22 23 3:00 PM City 2:00 PM Over- 3:00 PM Historic Pmsr Council Meeting sight Board vdiam Commission Meeting - CITY HALL CLOSED - PRESI- DENT'S DAY 24 25 26 27 28 4:30 PM Esc Crate: 12:00 PM Noon - Adolph Sunline -Atldph Printed by Calendar Creator Plus on 12/11/2012 I k. 200 Department Report: 213 yOFT TO: The Honorable Mayor and Members of the City Council FROM: Susan Maysels, City Clerk DATE: December 18, 2012 SUBJECT: Special Council Meeting January 22, 2013 with City Boards, Commissions and Committee Members On Tuesday, January 22, 2013 at 5:00 p.m., there will be a Special Council Meeting at the La Quinta Public Library. In addition to the public, Members of all City Commissions, Boards, and Committees will be invited to attend. The format will be different this year. Council will not conduct individual meetings with each commission. One joint meeting with all Commissioners and Board Members is planned. The purpose of the meeting is to present the City's financial position and its vision for the future. It will include a PowerPoint presentation by the City Manager and a question and answer session. Commissioners and Board Members will be encouraged to provide input and partner with Council and staff to disseminate this information to fellow residents. 201 DEPARTMENT REPORT:?), _. TO: The Honorable Mayor and Members of th City Council FROM: Greg Butler, Building & Safety Director DATE: December 18, 2012 RE: Department Report — November 2012 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of November. The statistical summaries depict the following highlights: • Year-to-date building permit valuation is $54,347,585 which includes the issuance of 89 building permits in November; • Animal Control handled 280 cases in November; • Code Compliance initiated 118 cases in November; • Code Compliance completed 217 cases in November; • Garage sale permits generated $1,680 revenue in November. a ein Nlo 40 "+N n`d M T N e t0 w 0 N m a 0 d> O N p N 00 n b I ti vi O 10 a Ln 01 N m N N 0 01 N M !!! O Ln wl N N O Go A q M N rl M '/ M M N tf a l a 0) V O O O I f i F- CO b O i M N O t0 d P M '1 y 0 I 07 N ('1 e4 d {0 N M m ! i .i .y .r .r .a .y .r a M 6 « E I _ ��I (d H " ( N( rl LL 1 I ( ch N 0, j M j 0 IT h N in ( �0 in 1n d i n N w 0 of d M d M d N in N O N N d N 0 d N O O O ! p N O P� L6 ti b N O N a a .i N i y+ M 0 N M i O N N d O O rl w (E ! 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d E° c N« L� H NEai E t o O V O oV o�¢U> 2oo F 0o OZ �Q Z pc C Q Z 5: 21-6 DEPARTMENT REPORT: o s CF'y OF'CKF'�� TO: Honorable Mayor and Members of the City Council FROM: Edie Hylton, Community Services Director DATE: December 18, 2012 SUBJECT: Community Services Department Report for November 2012 Upcoming events of the Community Services Department for January 2013: Career Workshops Job Search Business Contacts, Senior Center Resume & Cover Letters, Senior Center Successful Communications, Senior Center Computers "Computer Lab Use a Digital Camera "Basic Computer *Intermediate Internet & Email Adobe Photoshop Elements, Senior Center Intermediate Computers, Senior Center Conquering MS Excel, Senior Center Dance *Social Dance Fusion Dance, Play, & Pretend, La Quinta High School & Fitness Classroom Beginning Ballet (5-10 yrs.), La Quinta High School Ballet/Tap (4-6 & 7-10 yrs.), La Quinta High School Jazz/Hip Hop (8-12 yrs.), La Quinta High School Pre-Ballet/Jazz (3-5 yrs.), Fitness Classroom Exercise & Fitness "Morning Workout "Mat Pilates *Zumba Gold *Yoga for Health *Chair Yoga *Yoga of Breath & Laughter Pilates Aerobic Dance Meditation, Library Yoga AM & PM, Library Zumba, Senior Center Nature Walks, Kids and Families, Bear Creek Trail Guided Cove Hikes led by Philip Ferranti — Back of Cove Walkabout 201 Guided National Monument Hikes, Top of the Cove Free Programs *Quilters *Woodcarvers *Tai Chi Chuan Gymnastics Introductory Gymnastics (4-7 yrs.), Fitness Classroom Introductory Gymnastics (8-10 yrs.), Fitness Classroom Leisure Enrichment Italian for Everyone, Senior Center Colored Pencil Drawing (18 yrs. & up), Senior Center Martial Arts Karate/Taekwondo, Senior Center Music Beginning Guitar, Senior Center Third Level Guitar, Senior Center Special Events *Chinese New Year Luncheon Pillars of the Community, La Quinta Civic Center Humana Well -Being Walk, La Quinta Community Park Humana Healthy Fun Fair, La Quinta Community Park Humana Day at the Certified Farmers Market, Old Town La Quinta Special Interest *Hooked on Loops *Creative Drawing *Let's Make Jewelry *Intermediate Ukulele *Intermediate Bridge II *Expressive Landscapes in Acrylic Sports Disc Golf Campus Tournament, Civic Center Campus *Senior Center class or activity 208 Community Services Department Attendance Report for November 2012 Summary Sheet Variance Sessions Per Month Program 2012 2011 2012 2011 Leisure Classes •1 137 186 -49 621 83 Special Events •2 180 475 -295 1 3 Sports 297 280 17 21 22 Senior Center •3 923 1140 -217 133 92 Total 1,537 2,081 -544 217 200 Senior Services Senior Center 315 266 49 19 21 Total 315 266 49 19 21 Sports User Groups La Quinta Park AYSO 1500 1500 0 22 15 Desert Boot Camp 50 50 0 10 11 Sports Complex LQ Youth & Sports Assoc. 200 175 25 17 19 PDLQ Football 100 140 -40 10 12 Colonel Mitchell Paige AYSO 250 250 0 7 6 C.V. Revolution 20 20 0 1 7 Coachella F.C. United 20 20 0 2 2 L.Q. Blackhawk Rugby Club 40 30 10 7 4 Facility/Park Rentals Senior Center (Private Party) 800 50 750 5 1 (Sunday Church) 300 300 0 4 4 Museum Meeting Room 100 150 -50 2 1 Library Classroom 550 600 -50 11 10 Civic Center Campus (Private Party) 50 150 -100 1 3 LQAF Blues & Brews 1900 2000 -100 1 1 Park Rentals La Quints Park 50 0 50 1 0 Fritz Burns Park 100 50 50 2 1 Total 6,030 5,485 546 103 97 Total Programs 7,882 7,832 50 339 318 Volunteer Hours Senior Center 1411 1311 10 Total Volunteer Hours 1411 1311 10 •1 Classes cancelled due to low enrollment, scheduling conflicts, or Instructor relocation: Dance & Cheer, Hawaiian Hula, Adobe Photoshop, Computer Classes. -2 Lower attendance at Vet's Day event due to lower number of honorees than in 2011. •3 Tennis attendance is down from last year; no MS Word Class; no ACBL bridge group. 209 Community Services Department Program Report for November 2012 2012 2011 2012 2011 Participantsl Participants Variance Meetings Meetings Leisure Classes Cartoon Drawing 4 0 4 3 0 Microsoft Word 3 5 -2 2 3 Colored Pencil Drawing 3 0 3 2 0 Zumba 16 15 1 8 9 Yoga - Morning 9 5 4 41 5 Yoga - Evening 7 11 -4 4 3 Ballet/Tap 4-6 5 6 -1 4 5 Guitar - Beg. 5 6 -1 2 2 Guitar - 2nd level 3 8 -5 2 2 Italian For Everyone 7 0 7 1 0 Karate/Taekwondo 4 - 8 (Beg.) 15 17 -21 7 9 Karate/Taekwondo 4 - 8 (Inter.) 23 39 -16 7 9 Karate/Taekwondo 9 & up 23 30 -7 7 9 Dance, Play & Pretend 14 9 5 9 4 Totals 137 151 -14 62 60 2012 2011 2012 2011 Participants Participants Variance Meetings Meetings Special Events Veteran's Day Tribute 1801 250 -701 1 Totals 180 250 -70 1 1 2012 2011 2012 2011 Participants Participants Variance Meetings Meetings Sports Open Gym Basketball 147 164 -17 12 14 Open Gym Volleyball 83 40 43 4 3 Nature Walk @ Bear Creek Trail 14 18 -4 1 1 Guided Cove Hike 18 0 18 1 0 Y-Rookies (youth soccer program) 1 35 50 -151 31 3 Totals 1 2971 2721 251 21 21 Community Services Totals 1 6141 673 -591 84 82 2012 2011 Registrations (Includes current and future program offerings) Web 1 65 N/A Other(Walk-in & mailed in 337 N/A 210 Community Services Department Monthly Revenue Report for November 2012 Monthly Revenue - Facility Rentals 2012 2011 Variance Library $ 250.00 $ 300.00 $ (50.00) Museum $ - $ 150.00 $ (150.00) Senior Center $ 3,522.50 $ 1,410.00 $ 2,112.50 Parks $ 395.00 $ 1,000.00 $ (605.00) Sports Fields $ 859.00 $ 1,226.00 $ (367.00) Monthly Facility Revenue $ 5,026.50 $ 4,086.00 $ 940.50 Monthly Revenue Senior Center $ 3,686.50 1 $ 3,534.50 1 $ 152.00 Community Services •1 $ 4,233.001 $ 6,140.00 $ (1.,907.00) La Quinta Resident Cards $ 25,950.00 $ 15,055.00 $ 10,895.00 Total Revenue $ 33,869.50 $ 24,729.50 $ 9.140.00 Revenue Year to Date Facility Revenue $ 13,123.00 $ 13,954.00 $ (831.00) Senior Center $ 14,897.50 $ 15,181.00 $ (283.50) Community Services $ 26,991.00 $ 29,028.50 $ (2,037.50) La Quinta Resident Cards $ 52,080.00 $ 29,815.00 $ 22,265.00 Total Revenue to Date $ 107,091.50 $ 87,978.50 $ 19,113.00 •1 Revenue decrease due to fewer attendees in Tee Kwon Do classes. 211 Senior Center Attendance Senior Center Program Report for November 2012 Participation Participation Variance Meetings Meetings 2012 2011 2012 2011 Senior Activities Computer Lab 7 0 7 1 0 Craft Time w/ DRD Tiny Tot Program 30 0 30 1 0 Golden Tones 33 64 -31 3 5 Mah Jongg 21 0 21 4 0 Monthly Birthday Party 45 45 0 1 1 Movie Time 41 41 0 4 3 Putting Action & Wii Bowling 32 6 26 8 1 Ouilters 40 28 12 4 3 Tai Chi Chuan (Free) 15 0 15 7 0 Tennis' 67 165 -98 9 8 Ukulele Players 70 70 0 7 6 Woodcarvers 46 22 24 4 2 Senior Activity Total 447 441 6 53 29 Senior Leisure Classes/Programs Acrylic Landscape Painting 8 0 8 2 0 Beginning Ukulele 13 11 2 4 4 Bridge: Duplicate, Social & Parry 231 296 -65 13 13 Chair Yoga 10 4 6 3 1 Creative Drawing 5 0 5 3 0 Digital Camera 2 4 0 4 1 0 Exercise 28 42 -14 13 12 Hooked on Loops 10 8 2 3 4 Intermediate Internet & Email 4 0 4 4 0 Jewelry Making 12 0 12 3 0 Mat Pilates 25 16 9 13 12 Monthly Luncheon (Thanksgiving) 96 138 -42 1 1 Social Dance Fusion 11 3 8 3 3 Yoga for Health 10 4 6 3 1 Zumba Gold 9 0 9 11 0 Senior Leisure Classes Total 2 476 522 -46 80 51 TOTAL SENIOR PROGRAMS 923 963 -40 133 SO Senior Social Services FIND 213 139 74 7 4 Lobby/Presentations/Health Screenings 65 76 -11 7 8 HICAP/Notary/Legal/Financial/Alzheimer's Group 7 7 0 5 5 Volunteers 30 32 2 n/a n/a TOTAL SENIOR SERVICES 315 254 61 19 17 SENIOR CENTER TOTAL 1238 1217 211 152 97 ' Senior Activities: Tennis attendance is down from last year. 2 Senior Leisure Classes/Programs: No MS Word Class; No ACBL bridge group. 212 Parks Activities Updates For November 2012 City staff is continuing to work with residents to develop a community garden program in La Quinta. One option is to work with the schools. This month, staff met with staff members at Franklin Elementary School to discuss the possibility of having a community garden at the school for use by both students and residents. The City and Desert Sands Unified School District are exploring this option for a joint use garden facility. On November 9, 2012, a high wind event resulted in several trees being damaged or destroyed throughout the parks. Fortunately, there were no injuries from the damage. The landscape contractor worked through the weekend removing and trimming trees based on their potential for safety and restricting access within the facilities. Each year, the parks budget sets asides funds to replace trees that are damaged throughout the fiscal year. The contractor for the 9/11 Memorial located at the Civic Center Campus has completed his portion of the project. The remaining landscape improvements will be finalized and installed in December. The Memorial will be covered from public view until the unveiling ceremony on January 23, 2013. 213 La Quints Community Fitness Center Counts for November 2012 Day Memberships Sold Rubys Sold Sapphires Sold Diamonds Sold Walk-ins Sold Daily Counts Daily Totals 1 3 170 173 2 9 1 141 151 3 7 4 73 84 4 0 5 10 2 193 205 6 10 192 192 7 6 1 3 193 205 8 15 4 152 171 9 16 6 161 183 10 5 3 55 63 11 0 12 0 13 16 4 193 215 14 13 4 1 163 180 15 9 4 251 164 16 7 1 4 142 154 17 1 2 67 69 18 0 19 25 1 9 190 225 20 5 4 141 150 21 21 1 7 140 158 22 0 23 76 78 24 4 2 207 213 25 273 173 26 13 1 207 221 27 3 173 176 28 1 1 2 2 176 183 29 15 4 216 137 30 13 1 2 140 156 31 0 AVG 9.609695652 :10 142857143•. , 0 0, 183333' �151 24 s149'.2 MAN �8� MOM tO� MOM �909i1� [40,701 The Gems symbolize the Wellness System Fees Ruby Level = $50.00 Self -Directed Program; One Year -Key Use Sapphire Level = $175.00 All Ruby Level Benefits; Pre -Fitness Assessment Test; Custom Designed Program by Personal Training Staff; Post -Fitness Assessment Test Diamond Level = $295.00 All Ruby and Sapphire Level Benefits; Three Additional Personal Training Sessions • Members Sold is the # of memberships sold that day. • Walk-ins are people without membership cards that are paying a daily $5 fee. • Daily counts are the # of Members coming into the center that have had their membership cards scanned by us. • The totals at the end of each row is the total of all of the above transactions for the day. 214 Department Report: 5 TO: The Honorable Mayor and Members f the City Council FROM: Les Johnson, Planning Direct DATE: December 18, 2012 SUBJECT: Department Report for the Month of November 2012 Attached please find a copy of the Planning Department Report which outlines the current cases processed by staff for the month of November 2012. 1 215 F- Z W m a W 0 Z Z Z J a O a W F- Z W a W 0 N 0 N LU W m LU W 0 Z a Z W O ~_ F- a m U En W m Cl) O W 0 o v v v o v v v v v v v v v v v v v v v m 0 v v 0 0 0 Q W m a) E E E 'E 'E 'E 'E 'E 'E 'E 'E 'E 'E E 'E E E E E E E E E v `0 0 a a a m a m .0 m m m a a m m a m m m a m a W Z > > > > 3 > > > > > > > > > > > > > m m m Z a a) a> y y y y y y y N y a7 y N y y y y y N w y w J O. 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C >> m c �£ c c d m o c c E f6 c c a> W iLL � � cO IA Vl CD H Q U O 0� a` fn U) F-- Fm- > N N N U 216 N } F- F' U Q z O_ U) O U O Z z z a IL N O N O co it W m LU W O z O F- N O N J O m0 d; O O N z O H a 22 U (n W 0 a) 0 a1 v a) v m v a) v a) a) 0 a) 0 0 v a v v v v o Cl p a) a) 0 a) a) 41 a) a) m a) a) W W` / E E E E E E E E E E E E E E E E E E p O m m m m m m m m m m m m .0 m m m m m ma. >>>>>>>>>>>>>>>>>> y y y y y N y y y N y y y y y y y y d ONE.-NONOOON,O�O N Q a N W O F- -a Do O QLL y C Z W m a Y °' E Uj o a3i •1 y Y c 0 C Y U) o V% y y C a' E_m y E �a o E C d Ly W� aM O. 07� y Cl. Q LL N y Nn.0 tMQU(D M,M OCL U E E W U C C T y n C a) mi a O C m cm o E E a co aD a) y m 0 Z U w> a c Z>>> t L O a N .° N v c c U U a0.. +O+ m ( 0 C H la— E a 0 a)C c a)0 rn rn °� o y 0= 0 0 00 Q Q U O W iL C cc U) U) U) U) F- F- > N N F- F- N 7 Of 7 Q c t a1 N y rn c m C 0 E O U C C C m a 0 Z ME 217 Department Report: ( �a Q•c �y OF Tt� TO: he Honorable Mayor and Members of the City Council FROM:. � 1mothy R. Jonasson, Public Works Director/City Engineer DATE: December 18, 2012 SUBJECT: Public Works Department Report for November 2012 1. The City's new "GORequest" citizen relationship management (CRM) system will allow the City of La Quinta to use the latest technology to be as responsive to citizens as possible. Citizens can download a free app to their iPhone, iPad or Android phone and submit requests for city services. The system allows citizens to track their requests and receive status updates. In addition to handling requests for service from the public, the GORequest system will be used by the Public Works Department as a work order system that will eliminate paperwork, and more accurately track costs associated with completing work orders. The GoRequest system will go live to the public on January 7, 2013. A presentation on the system is scheduled for the January 2, 2013 City Council meeting. 2. The Public Works Department has completed the American Public Works Association (APWA) self -assessment process that compares existing policies, procedures and practices with those recommended practices contained in the APWA Public Works Management Practices Manual that have been identified by nationally recognized experts in the field of public works. The department completed over 546 APWA self -assessment tasks. The APWA Southern California Chapter President will be making a presentation at the December 18th City Council meeting acknowledging the Public Works Department's completion of APWA self -assessment. 3. In preparation for seasonal storms, City maintenance crews continued cleaning out storm drains and dry wells. As part of the clean-up of the recent storm, the Maintenance Division has scheduled replacement of 22 218 trees. All trees maintained by the city crews along the parkway and in the medians have been trimmed. The Maintenance Department has implemented GoRequest internally, as the work order system, which has eliminated paperwork, and track costs and materials of crew's daily task.. City crews continue to repair potholes, replace damaged signs and remove graffiti as needed. 4. During the month of November, crews responded to 27 requests for city service through the City's on-line "request for City service" for graffiti removals, pothole repairs, street signs maintenance, additional street sweeping, debris removal, parks inspection and landscape lighting repairs. 5. The contractor for the Adams Street Bridge Improvement Project is making very good progress. Granite is currently constructing the forms for the bridge deck concrete pour, which occurred the second week of December. Progress on the project is being tracked at the Adams Street Bridge Project page on Facebook. The new completion date for the bridge is August 13, 2013. 6. The City Council approved an Amendment to the cooperative agreement for the Madison Street Improvements on September 18, 2012. The City of Indio advertised the Phase I project for bid on October 161' and awarded a construction contract to Granite Construction on December 5th. Work is scheduled to start in January and to be completed in time for the April concerts at the polo fields. 7. City staff has selected design consultants for the Adams Street and Corporate Centre Traffic Signal project and the Sports Complex Field Lighting project and is starting negotiations with the selected consultants. 8. The Fred Waring Median Landscape Improvement project has started construction. The contractor is currently excavating the trenches for the irrigation and electrical conduits. 9. The contractor for the Stabilization of City Owned Properties project has completed work and City staff is scheduling a final walk for the project. The project is scheduled to go to City Council for acceptance on December 4th. Staff is currently assembling a PS&E package to place landscaping in the parkway area along Calle Tampico. 10. The project team for the Comprehensive Fee and Rate Study has completed the draft study. The draft study is expected to be reviewed by the City Manager and then community stakeholders groups including the Desert Valley Builders Association and Building Industry Association later this month and in January. Staff is targeting the meeting of February 5, 2013 for Council consideration of this item. 11. The City's 2013 National Point Discharge Elimination System (NPDES) Permit is being negotiated with the Regional Water Quality Control Board staff. A final draft is due 219 on January 4, 2013. This typically 6 to 9 month process is being condensed to 25 working days so that the Regional Board has the ability to adopt the new permit on time at their meeting in May, 2013. City staff is doing everything possible to ensure that the new permit requirements for future development projects are "desert appropriate". 12. The department collected the following fees for the month of November 2012: Major Encroachment Permit $ 891 Transportation Permit $ 32 PM Map Checking Fees/ $1,537 Parcel Merger/Lot Line Adjustment $0 Grading Permits $142.50 Driveway Permit $0 Tentative Parcel Map $1,000 Tentative Tract Map $0 Tentative Tract Map Time Ext. $0 Total $3,602.50 13. In response to City Council's request for the use of local preference in the selection of consultants and construction contractors the following explains the process for each: Design and Other Professional Service Consultants Design and other professional service consultants are selected by a proposal process whereby consultants are ranked by a selection committee as to their qualifications to perform a professional service before cost proposals are opened. There is no official local preference ordinance for selecting design or other professionals since state law requires the selection to be based on the qualifications of the consultant regardless of the location of the consultant's home office. However, as part of the selection process the selection committee can award up to ten points lout of a total of 100 points) for local knowledge as appropriate for a particular project. Typically locally based consultants have more local experience therefore they receive more points in this area. Construction Contracts Construction contracts are awarded to the lowest qualified bidder in accordance with state bidding laws for public works projects. The City has included a local preference provision in Section 1260 of the contract documents. The Section makes reference to City Council Resolution 2005-095, which establishes local preferences in the City. While local preferences are allowed in California, such preferences are only allowed if the City Council legitimately finds that local firms are disadvantaged because doing business within City limits is more expensive than doing business outside the City. The City Attorney reviewed City Council Resolution 2005-095 and found no such findings. Accordingly, the City Attorney recommends that the City either (a) remove the local 220 preference provisions from the contract documents or, (b) to the extent that the City can demonstrate that local firms are in fact disadvantaged because of the expense of doing business in the City, present the issue to the City Council to make the necessary findings. Staff does not find any evidence to support the position that local firms are disadvantaged because of the expense of doing business in the City. At this point, staff has removed the local preference provisions from the contract documents and will continue to do so unless directed otherwise by the City Council. 221 Tr. :Yl y [■ r Table of Contents e Crime Statistics e Map e Special Enforcement Team Report e Business District Officer Report e Business District Community Service Officer Report e School Resource Officer Report e Traffic Services Report e Community Service Officer Report e Monthly Volunteer Report e Significant Activity Report 2 n �F 2 .� CRY of pDesw Lj 224 I a a� u a� N L W N m u ca w E N i 0 Q. N 0 to m L a cf 0 u r4la co N rl �I- n N 227 Le Quints Police SIGNIFICANTACTIMY FOR NOVEMBER 2012 icers stopped a vehicle at Jefferson St. and Westward Ho. A male suspect was arrested ,ny theft warrant, possession of drug paraphernalia and violation of probation. He was ato the Indio Jail. icers conducted an occupied vehicle check in the 52300 block of Avenida Obregon. search of the vehicle officers located a loaded handgun under the passenger seat. One of the vehicle was arrested for possession of a loaded firearm. He was booked into Jail. lestigating the weapons violation a known juvenile probationer ran from officers. He was eventually located hiding in a backyard of a nearby residence. The juvenile was arrested for delaying/obstructing a peace officer and violation of probation. He was booked into the Indio Juvenile Hall. SET Officers conducted a traffic stop at Avenida Herrera and Calle Ensenada. A male suspect was arrested for possession of stolen checks and violation of probation. A second male was arrested for being under the influence of a controlled substance and violation of probation. Both suspects were booked into the Indio Jail. SET Officers stopped a vehicle at Jefferson and Miles Avenue. The driver was found to be in possession of an illegal weapon and checks stolen from the city of Indio. SET Officers recog- nized the suspect as a person of interest in multiple vehicle burglaries that occurred at the south end of the cove. During the interview, the suspect admitted to using credit cards stolen from two of the vehicle burglaries. He was booked into the Indio Jail for possession of a deadly weapon and possession of stolen property. Additional charges of vehicle burglary, commercial burglary, and theft of credit cards were filed with the District Attorney's Office. SET Officers served a property related search warrant at the suspect's residence in the 83100 Rosa Avenue, Thermal, stemming from the above mentioned vehicle burglaries at the Oasis Cove Trail Head. Stolen property from the vehicle burglaries was located inside the residence. 229 TYPE OF ACTIVITY # of incidents .- TYPE OF ACTIVITY # of incidents t tr-� LA QUINTA PO fffi RfA y stye RZ Page 2 Significant Activity for November 2012 Business District Team has continued their relationship building efforts with several businesses along the Hwy 111 corridor. The Business District Team had a meeting at Red Robin with the property manager and several business managerstowners located in the 111 Shopping Center complex. Business District Team authored a theft related warrant sweep in La Quinta and surrounding cities. In cooperation with the Special Enforcement Team the warrant sweep was conducted and resulted in multiple arrests of persons with warrants for petty theft to burglary related crimes along the Hwy 111 corridor. During the sweep, stolen property was located in a suspects residence related to a vehicle burglary that occurred the previous day in the La Quints. Cove. Business District Team was patrolling when a vehicle stop was conducted on Fred Waring Dr. and Washington St. and the driver of the vehicle was arrested for driving under the influence of a controlled substance. Business District Team responded to Target to assist Loss Prevention in the detention of two black male adults who. were seen concealing multiple items inside the store. Once the black male adults exited the store they noticed the Po- lice Officers standing out front and attempted to flee the area on foot. Business District Officers gave chase and were able to detain both suspects. The black male adults were arrested for burglary and booked at the Indio Jail. The Holiday Theft Prevention Program has begun and the Business District Team had made several arrests while on bike patrol ranging from subjects in possession of a controlled substance, subjects under the influence of a controlled substance and people with outstanding wan -ants. The Business District Officers have also issued several citations to people parked in handicap parking stalls without a handicap placard. ,p.. 232 _ _�� := 7 , . - Activity For the Month: Community Programs 3 Business Meeting 2 Community Contacts 9 Significant Activity for November 2012 Officer Jessica Herrera - I prepared the end of month report for October 2012. - I attended a meeting for Resort Communities Security Association at Desert Falls CC in Palm Desert. I provided them with statistical data for calls for service. - I attended a meeting with city officials for redesign of the new LQPD website. - I setup our Facebook and Twitter accounts. These types of social media networks will allow the business community and police a closer relationship and better communication. - I attended a business meeting at La Brasserie restaurant. - I guided a local Boy Scout Troop on a tour of the Thermal Station and discussed important aspects of public safety. - I assisted the Business District Officers with the Holiday Theft Suppression Program —Warrant Sweep. - I attended a business meeting at Red Robin restaurant. 234 is Quints Police MONTHLYSCHOOL RESOURCE OFFICER REPORT SCHOOLS: La Quinta High School DEPUTY: REBECCA SMITH Officer Rebecca Smith Reports 6 Business/Ped/A.ChecWF.Stops 12 Arrests 4 Public Assists 18 D.A. Filings 1 Follow-up 16 Traffic Citations 1 Assist Other Agencies 8 Calls for Service 17 Y.A.T Referral 3 SIGNIFICANT ACTIVITY FOR NOVEMBER 2012 -November 5th, I investigated some graffiti on campus related to a newly identified gang call- ing themselves the "Hot Boys." I worked with the Gang Task Force and Palm Desert Station Investi- gations reference gang related incident in Palm Desert. We interviewed seven "Hot Boys" gang mem- bers/associates at LQHS. -November 9th, I investigated an alleged incident of a teacher assaulting a student. Upon fur- ther investigation, the student desired prosecution and signed a private person's"arrest against the teacher. The case was submitted to the DA's Office for battery. 235 is Quints Police MONTHLYSCHOOL RESOURCE OFFICER REPORT SCHOOLS: Summit High School/ Col. Mitchell Paige Middle School/ Horizon Continuation School DEPUTY: CHRISTOPHER TRUEBLOOD Reports 7 Business/Ped/A.Checks/T.Stops 12 Arrests 8 Public Assists 3 D.A. Filings 8 Follow-up 6 Traffic Citations 3 Assist Other Agencies 8 Calls for Service 17 Y.A.T Referral 0 Officer Chris Trueblood SIGNIFICANT ACTIVITY FOR NOVEMBER 2012 -November 2nd, I investigated a report of a n assault.at Col. M. Paige Middle. Upon further investigation, two students were charged with assault with a deadly weapon. -November 26th, I arrested a student at Summit High School for an outstanding No Bail ju- venile warrant. Upon placing the student under arrest, the student resisted during the handcuffing pro- cess. After a short physical altercation, the student was booked into the Indio Juvenile Hall for the outstanding juvenile warrant and resisting arrest. -November 28th, I conducted a follow up investigation into a theft of a cell phone. Eventually, I recovered the cell phone and return it to the owner. One student at Summit HS was arrested for pet- ty theft. 236 is Quints Police MONTHLYSCHOOL RESOURCE OFFICER REPORT SCHOOLS: La Quinta Middle School, Harry Truman Elementary, Ben Franklin Elementary, and John Adams Elementary DEPUTY: KERRI HARLAN Reports 12 Business/Ped/A.Checks/T.Stops 6 Arrests 0 Public Assists 2 D.A. Filings 4 Follow-up 18 Traffic Citations 4 Assist Other Agencies 0 Calls for Service 12 Y.A.T Referral 4 SIGNIFICANT ACTIVITY FOR NOVEMBER 2012 Ofieer Kerrl Harlan - I filed 3 cases with the District Attorneys Office for students stealing from the cafeteria. Two thefts occurred on November 15th and one on November 26th. I filed against a student for do- mestic violence on November 26th. All four of these students have been referred to the Y.A.T. Pro- bation Officer. -November 14th and November 20th, I investigated two separate incidents at LQMS of Stu- dents for assault by inappropriately touching another student. These incidents were documented due to the sexual nature. -November 8th, I investigated an incident at LQMS of a student sending nude photos of themself to another student via cell phones. The photos apparently were deleted. No further issues have transpired and the incident was documented due to the sexual nature. -November 28th, I handled an incident where I had to physically restrain a LQMS student who was acting violent on campus., The student has mental health issue and the parents were called and the student was taken for a self admit mental health examination. -November 13th, four LQMS students were arrested for truancy and issued citations. .11, 2 3 � Traffic Team Report Significant Activity: The City of La Quinta received 56 calls for service for Traffic Collisions for the month of October. Of those calls for service, 24 (43%) were documented in written reports. Of those documented collisions, 58% of reports have been entered into the Crossroads Collision Database and provide the following information: The city of La Quinta saw a 48% decrease in the number of traffic collisions on public roadways for October 2012 in comparison to September. Overall, collision activity for 2012 has decreased 13% in comparison 2011. The number of collisions resulting in injury has decreased by 33%, in comparison to last month and has decreased by 13% for the year in comparison to 2011. Hit and Run Collisions have decreased 100% for October. Overall Hit and Run Colli- sions have decreased 9% in comparison to last Year. Overall Bicycle and Pedestrian Collisions remain minimal. Public roadway collision activity was highest on Saturday, with most collisions occur- ring between the hours of 12.00ym and 15.59ym. Unsafe Speed accounted for 28.57% of collisions As a result, La Quinta Traffic Ser- vices focus their attention toward education and enforcement of drivers who violate these traffic laws and further focus enforcement toward high collision areas. Officers in the City of La Quinta issued 255 citations for the month of September which provides a Traffic Enforcement Index of 30 (cited hazardous violations in relation to injury collision). LA QuiNTA POLICE Month of October Table of contents: Significant Activity I Monthly Collisions 1 Traffic Collisions Report Monthly Collisions 4 Stats Primary Collision Factor Primary Collision Factor TRAFFIC TEAM: • SGT. PICKOWITZ • CPL OLSON • OFFICER SCOTT • OFFICER MOORE • OFFICER PALMER �.. 238 City of La Quints La Quints Police Department Monthly Traffic Collisions Type - Hour - Day 12/5H2 Month: October Year. 2012 1 -100 1. Fatal Collisions 0 1 2 -50 2. Persons IGlled 0 1 -100 1 2 -50 3. Injury Collisions 4 6 -33 55 63 -13 4. Persons Injured 7 10 -30 80 86 -7 S. P.D. Collisions 10 20 .50 212 242 -12 6. H&R Collisions - Parked 0 0 9 22 -59 7. H&R Collisions - Moving 0 8 -100 46 39 18 8. Vehicle vs. Bicyclist 1 1 0 6 5 20 9. Motor Vehicles in Traffic 10 21 -52 188 189 -1 10. H.B.D. Collisions 1 1 0 22 27 -19 11. Vehicle vs. Pedestrian 0 0 6 9 -33 12. Vehicle vs. Object 3 5 -40 34 61 -44 Total Collisions 14 27 -48 288 307 -13 .�1`+. 5 i.....-tiff {{ v arm 1. Fatal Collisions 0 0 0 0 0 0 0 0 2. Persons IGited 0 0 0 0 0 0 0 0 3. Injury Collisions 1 1 0 1 1 0 0 4 4. Persons Injured 3 1 0 2 1 0 0 7 S. P.D. Collisions 0 1 2 6 1 0 0 10 6. H&R Collisions - Parked 0 0 0 0 0 0 0 0 7. H&R Collisions - Moving 0 0 0 0 0 0 0 0 8. Vehicle vs. Bicyclist 0 0 0 1 0 0 0 1 9. Motor Vehicles in Traffic 1 1 1 5 2 0 0 10 10. H.B.D. Collisions 0 0 1 0 0 0 0 1 11. Vehicle vs. Pedestrian 0 0 0 0 0 0 0 0 12. Vehicle vs. Object 0 1 1 1 0 0 0 3 Total Collisions 1 2 2 7 2 0 0 14 C.. l;iTyr7"'Y.n'-,n 3 ^'!�-5Y }'�vs 'i'F �. ♦ V51 sferiiy% ^'d ��.... ME4 � F �'K`J -.a`°1 1. Fatal Accidents 0 0 0 0 0 0 0 0 2. Persons IGiled 0 0 0 0 0 0 0 0 3. Injury Accidents 1 2 0 1 0 0 0 4 4. Persons Injured 1 4 0 2 0 0 0 7 S. P.D. Accidents 0 0 2 1 2 2 3 10 6. H&R Accidents - Parked 0 0 0 0 0 0 0 0 7. H&R Accidents - Moving 0 0 0 0 0 0 0 0 8. VeNde vs Bicyclist 0 0 0 0 0 0 1 1 9 M-vW _. __ in.T _ 1 1 2 2 2 1 1 10. H.B.D. Accidents 0 0 0 0 11. Vehicle vs. Pedestrian 0 0 0 0 0 0 0 0 12. Vehicle vs. Object 0 1 0 0 0 1 1 3 Total Accidents 1 2 2 2 2 2 3 14 239 City of Le Quints La Quints Police Department 12&12 Monthly Traltic Collisions Report 2012 CEM11NWO N&wnD Led YTD % Change Total TIC - Pulft Highway 13 225 263 -14.45% Fatal Collisions 0 1 2 - 0.00% Number tilled 0 1 2 -50.00% Injury Collisions . 4 46 52 -11.54% Number Inured 7 69 73 -5.48% Properly Damage 9 178 209 -14.83% Tvoe of Collision Hit & Run 0 41 45 -8.89% Private Property 1 44 44 0.00% Collisions 1 5 4 25.00% Number Injured - Bicycle Collisions 0 4 3 33.33% Vehicle vs. Pedestrian 0 3 3 0.00% Alcohol Involved 1 18 24 -25.00% dhotis Taken By Patrol 9 210 282 -25.53% Target Team 1 11 9 22.22% Traffic 4 39 21 85.71% 0 0 Detective 0 1 SRO 0 1 DUTY UNKNOWN 0 5 0 0 0 100.00% TOTAL REPORTS 14 259 307 -12.38% Counter Reports % DUI Arrests Boom Assigned Lsst YTD This YTD Qosed 9M Hit and Run Primary Collision Ni % TqtR1 Unsafe Speed 4 28.57% Dow 2 14.29% Unknown 1 7.14% Traffic Signals and Signs 1 7.14% Other Improper Driving 1 7.14% Other Hazardous Movement 1 7.14% Improper Turning 1 7.14% 240 Following Too Closely 1 7.14% ._. 3.. City of La Quints La Quints Police Deparhnent Monthly Traft Collision Statistics Month: October Year. W1 Primary Copision Factor. Excessive Speed Secondary Collision Factor. Failure to Yfeid Tertiary Collision Factor. Unsafe Tuminp Day of Week When Majority Occurs: jjetur ad y Time of Day When Majority Occurs: 12:00 to 15:iM LocationRank Collisions 1 Dune Palms Rd / Hwy 111 2 2 Adams St / Corporate Centre Dr 1 3 Ave 47I La Qulnta Center or 1 3 Ave 60 I Madison St 1 3 Calk Tampico I Desert Club or 1 3 Celle Tampico I Washington St 1 3 Channel Or I Washington St 1 3 Highland Palms or I Washington St 1 3 Humboldt Of I Meriwedw Wy 1 3 Hwy I I I I Washington St 1 3 Hwy 111 I La Quirts or 1 3 Hwy III I Place La Quints 1 3 Hwy III I Simon Or 1 241 a 9 City of La Quinta La Quinta Police Department Primary Collision Factors vs. Citations Month: October Year: 2012 M T U y 1. E=essive Speed 4 30.8% 54 21.2% 2. DUI (Actual) 1 7.7% 7 2.8% 3. Signs and Signals 1 7.7% 6 2.4% 4. Unsafe Turning 1 7.7% 8 3.1% 5. Failure to Yield 1 7.7% 3 1.2% 6. Child Restraint 0 0.0% 3 1.2% 7. Safety Belt 0 0.0% 2 0.8% 8. All Other Hazards 5 38.5% 49 19.2% 9. Ail Non -Hazards 0 0.0% 135 52.9% 10. Parking 0 0.0% 4 1.6% Totals 13 100.0% 255 100.0% IaEENIR�)"; fflrnl,�,Zm 5 242 r if F O O d C O r N r n I 9 N in N in o I b r � r a� $ w w � a u3 ow" A a r. i a 244 Community Service Officer La Ouinta CSO • Officer Melinda Lopez • Officer David Kruger • Officer Bridget Delaney Summary of Activity for November 2012 Type of Activity Number of Incidents Burglary Reports 3 Grand/Petty Theft Reports 6 Vandalism/ Malicious Mischief Reports 6 Traffic Collision Response/Reports 16 Vehicle Code or Parking Citations 1 Abandoned Vehicle Tagged/Warning 1 Towed Vehicles 2 Lost or Found Property Reports 2 Custodial/Non-custodial Transports 9 Miscellaneous Calls 20 245 MIR Summary of Activity for November 2012 Community Policing Office Number Citizens on Patrol Number Monthly Volunteer Hours 142 - Patrol Hours 39 Hours Year to Date 1,539.5 Y.T.D Patrol Hours 977.5 Hours 4/03 to Present 28,152 _ Hours, 7/06 to Present 9,722 CPO Monthly Visits 89 Neighborhood Patrol 15 CPO Year to Date Visits 783 Business Checks 64 CPO Visits 4/03 to present 20,074 Traffic Collision Response 0 Vacation Checks 5 Miscellaneous Activities 2 Total savings since 2003 through May 2010= $379,431 CA rate for value received is $23.29-2012= 1$56,078 Total Savings since 2003= 1$587,293 We currently have 10 active office volunteers who staff and maintain the Community Policing Office in Old Town. These volunteers conduct a variety of clerical functions as well as data entry and assisting the community with questions and concerns. We have 5 (Citizens on Patrol) volunteers serving our community. During the holiday season they also assist with the drone car operations in the business district. Currently we have three possible volunteers that are in . the background process. IDanoae Maldonado Volunteer Coordinator 246 City of a DeseiP SIGNIFICANT ACTIVITY REPORT Captain Andrew Shouse Chief of Police Thursday. November 1.2012 6:46 PM: Officers responded to a theft call at Kohl's (78950 Hwy 111), and arrested Michelle Lea Davis (41 yrs. of Indio) for burglary. BEAT 41 9:21 PM: Special Enforcement Team Officers conducted a vehicle stop at Jefferson Street and Westward Ho Drive, and arrested Cullen Menzel (25 yrs of La Quinta) for a felony theft warrant and possession of drug paraphernalia. BEAT 40 Friday. November 2.2012 7:45 PM: Special Enforcement Team Officers conducted a probation compliance check on the 51000 block of Avenida Martinez, and arrested Kathleen Gayler (50 yrs of La Quinta) for a felony drug warrant. BEAT 43 9:30 PM: Special Enforcement Team Officers conducted a probation compliance check on the 51000 block of Avenida Alvarado, and arrested Cedric Ochoa (43 yrs of La Quinta) for a driving under the influence warrant. BEAT 43 10:40 PM: Special Enforcement Team Officers conducted an occupied vehicle check on the 52000 block of Avenida Obregon, and arrested Jeremey Payne (19 yrs of La Quinta) for possession of a loaded firearm. While on scene investigating the weapons violation, a 17-year old juvenile male fled on foot and was later located and arrested for delaying/obstructing a peace officer and violation of probation. BEAT 43 Saturday. November 3.2012 1:07 AM: Officers conducted a vehicle stop on Hwy I I I and Jefferson Street, and arrested Richard Sanchez (23 yrs of La Quinta) for DUI and Tony Rodriguez (21 yrs of Pahn Springs) for an outstanding misdemeanor warrant for resisting / obstructing a peace officer. BEAT 41 1:11 AM: Officers conducted a pedestrian check on Calle Sonora and Eisenhower Drive, and arrested Michael Rejniak (38 yrs of La Quinta) for public intoxication. BEAT 41 9:40 PM: Business District Team Officers conducted a vehicle stop on Fred Waring Drive and Washington Street, and arrested Rodolfo Dominguez (24 yrs of Indio) for DUI. BEAT 40 247 11:37 PM: Officers conducted a vehicle stop on Eisenhower Drive and Calle Tampico, and arrested Lorena Felix Salgado (30 yrs of Indio) for DUI. BEAT 43 Sunday. November 4, 2012 1:11 AM: Officers conducted a vehicle stop on Jefferson Street and Hwy 111, and arrested Rodolfo Lopez (25 yrs of Indio) for possession of burglary tools, auto theft, and possession of stolen property. BEAT 41 9:35 AM: Officers responded to a theft call at Wal-Mart (79295 Hwy 111), and arrested Debrorah Flanagan (44 yrs of Pahn Desert) for commercial burglary. BEAT 41 Monday, November 5, 2012 No significant activity Tuesday, November 6, 2012 4:30 PM: Motorcycle Officer conducted a traffic stop on Mile Avenue and Adams St., and arrested Travis Rhodes (27 yrs of Indio) for vehicle theft and possession of stolen property. BEAT 40 Wednesday, November 7, 2012 No significant activity Thursday, November 8.2012 1:30 AM: Officers conducted a traffic stop at Avenue 52 and Madison Street, and arrested Ronald Nelson Woodman Jr. (36 yrs of Thousand Palms) for a DUI wan -ant. BEAT 44 11:00 AM: Motorcycle Officer conducted a traffic stop at Miles Avenue and Seeley Street, and arrested Trisha Rodriguez (25 yrs of Coachella) for possession of metal knuckles. BEAT 40 11:40 AM: Special Enforcement Team Officers conducted a traffic stop at Avenida Herrera and Calle Ensenada, and arrested Travis Rhodes (27 yrs of Indio) for possession of stolen checks and violation of probation. Abel Mendoza (28 yrs of Palm Springs) was also arrested for being under the influence of a controlled substance and violation of probation. BEAT 43 M Friday. November 9.2012 3:30 PM: Business District Team Officers responded to suspicious persons call at Target (79935 Hwy 111), and arrested both Tyrone McDowell (29 yrs of Indio) and Lester Davis (29 yrs of Indio) for commercial burglary, possession of stolen property, and violation of probation. BEAT 41 4:43 PM: Special Enforcement Team Officers conducted a traffic stop on Jefferson Street and Miles Avenue, and arrested George Garcia (30 yrs of Thermal) for possession of a deadly weapon and possession of stolen property. BEAT 40 Saturday, November 10, 2012 8:00 PM: Officers responded to a robbery call on the 54000 block of Avenida Rubio. The victims were walking to their vehicle in the driveway when a Hispanic male adult approached them with a handgun and demanded property. The suspect fled in a SUV with tinted windows with unknown license plates. The victims were not injured. BEAT 43 8:30 PM: Officers responded to a robbery call on the block of 78000 San Marino Way. The victim was getting his mail at the community mailboxes when a Hispanic male adult approached the victim, brandished a handgun, then demanded property.. The victims were not injured. BEAT 41 11:50 PM: Officer responded to a robbery on the 51000 block of Avenida Bermudas. Upon further investigation, it appears two suspects, described as Hispanic males, approximately 508" tall, medium build, wearing dark clothing, and their faces covered with bandanas knocked on the door. When the victim opened the door, the suspects forced their way in and brandished a handgun. The suspects took property from the victim. The victim was not injured. Thermal Station Investigations responded to assist. BEAT 43 Sunday. November 11, 2012 1:51 AM: Officers conducted a traffic stop on Avenue 52 and Jefferson Street, and arrested Miguel Angel Reyes (35 yrs of La Quinta) for DUI. BEAT 44 11:21 AM: Officers responded to a theft call at Kohl's (78950 Hwy 111), and arrested Francisco Ceja Galvez (27 yrs of Mexico) and a 15 year old male juvenile for commercial burglary. BEAT 41 5:00 PM: Officers conducted a traffic stop on Washington Street and Rancho La Quinta, and arrested Alejandro Jose Lopez (20 yrs of La Quinta) for possession of a loaded handgun, possession of a controlled substance, and possession of stolen property. BEAT 43 3 249 Monday. November 12, 2012 8:00 PM: Officers responded to a theft call at Target (78935 Hwy 111), and arrested.a juvenile female (16 yrs of Coachella) for burglary. BEAT 41 Tuesday. November 13, 2012 No significant activity Wednesday. November 14, 2012 5:00 PM: Special Enforcement Team Officers conducted a warrant service on the 51000 block of Eisenhower Drive, and arrested Sergio Gamica (21 yrs of La Quinta) for a felony narcotics warrant. BEAT 43 7:21 PM: Officers responded to'a suspicious person call on the 47000 block of Washington Street, and arrested Fernando Hernandez (34 yrs of La Quinta) for trespassing and being under the influence of a controlled substance. BEAT 41 Thursday, November 15, 2012 12:16 AM: Officers responded to a domestic disturbance call on the 79000 block of Desert Rock Road, and arrested Kendahl Herring (18 yrs of Palm Desert) for public intoxication. BEAT 40 12:46 PM: Officers responded to a stolen vehicle call that had just occurred in the area of Calle Sinaloa and Avenida Velasco. Officers located the vehicle traveling northbound on Washington Street and Avenue 48. The suspect drove the stolen vehicle into the Lowe's parking lot and fled northbound towards Kohl's. Officers chased the suspect and eventually captured him. Lincoln Huynh (29 years of La Quinta) was arrested for possession of stolen property, auto theft and probation violation. BEAT 43 9:40 PM: Officers responded to an embezzlement call at Kohl's (79959 Hwy 111), and arrested Manuel Flores (18 yrs of Indio) and Jesus Orduno (19 yrs of Indio) for embezzlement. BEAT 41 Friday, November 16, 2012 3:55 PM: Officers responded to a theft call at Wal-Mart (79295 Hwy 111), and arrested Miguel Miranda (29 yrs of Indio) for shoplifting. BEAT 41 4:20 PM: Officers responded to a theft call at Wal-Mart (79295 Hwy 111), and arrested a Hispanic male juvenile (15 yrs of Indio) for commercial burglary. BEAT 41 4,.��_ 250 4:00 AM: Officers conducted a vehicle stop on Hwy I I I and Washington Street, and arrested Dean Lindstrom (30 yrs of La Quinta) for possession of methamphetamine and possession of cocaine. BEAT 41 4:20 PM: Business District Team Officers conducted a follow-up investigation related to a commercial burglary that occurred in June 2012 at the Wal-Mart in la Quinta. BDT Officers went to the 32000 block of Cathedral Canyon Drive in Cathedral City, and arrested Patricia Olvera (33 yrs of Cathedral City) for commercial burglary, check fraud, and violation of probation. Olvera also had two additional warrants for Identity Theft and credit card fraud. BEAT 41 5:30 PM: Special Enforcement Team Officers served a theft and stolen property related search warrant on the 83000 block of Rosa Avenue in Thermal. The arrest warrants were related to multiple vehicle burglaries at the Oasis Cove Trail Head in the La Quinta Cove. SET Officers recovered stolen property and arrested George Garcia (30 yrs of Thermal) for possession of stolen property, credit card fraud, and vehicle burglary. BEAT 43 7:45 PM: Special Enforcement Team Officers conducted a pedestrian check at Hwy I I I and Dune Palms Road, and arrested Courtney Longoria (19 yrs of Yucca Valley) for being under the influence of a controlled substance. BEAT 41 11:37 PM: Officers responded to an assault call on the 78000 block of Calle Cadiz, and arrested Anthony Smith (45 yrs of La Quinta) for assault with a deadly weapon. BEAT 43 Saturday, November 17, 2012 1:50 AM: Officers conducted a vehicle stop at Calle Sinaloa and Avenida Velasco, and arrested Erick Reyes (30 yrs of La Quinta) for DUI. BEAT 43 2:00 AM: Officers responded to a domestic disturbance call on the 44000 block of Vista Dunes Road, and Luis Perez (27 of La Quinta) for spousal abuse. BEAT 40 Sunday, November 18, 2012 8:20 AM: Officers responded to a domestic disturbance on the 43000 block of East Parkway Esplanade, and arrested Richard Eric Gross (44 yrs of La Quinta) for domestic battery and disconnecting a telephone line. BEAT 40 3:00 PM: Business District Team and Special Enforcement Team Officers conducted a special operation - warrant/probation sweep. The operation is related to the Holiday Theft Suppression Program and the primary focus was to locate and arrest individuals who have committed thefts and/or had active arrest warrants stemming from crimes in the La Quinta Hwy i I I -Business District. During the operation, the following persons were arrested: • Samuel Garcia (45 yrs of La Quinta) for a burglary arrest warrant. • Bertha Ritchie (28 yrs of Indio) for a no bail AB019 Probation Violation Wan -ant. ;. 251 • Vanessa Patino (24 yrs of Indio) for two burglary and one shoplifting arrest warrants. • Keith Hytche (24 yrs of Palm Desert) for two shoplifting arrest warrants. • Juvenile (13 yrs of La Quinta) for a no bail juvenile arrest warrant for burglary. • NOTE: Additional charges will be filed against Vanessa Patino for possession of stolen property from a vehicle burglary that occurred at the La Quinta PetCo (78720 Hwy 111) on 11/17/2012. Monday, November 19, 2012 11:45 PM: Officers responded to a suspicious person call on Avenida Alvarado and Calle Nogales, and arrested Megan Alexander (24 yrs of Indio) for public intoxication. BEAT 43 Tuesday. November 20, 2012 No significant activity Wednesday. November 21, 2012 5:55 AM: Officers responded to an assault with a deadly weapon call on Washington Street and Avenue 52, and arrested Victor Nunez (24 yrs of Indio) for assault with a deadly weapon (vehicle). BEAT 43 4:00 PM: Business District Team Officers conducted a business check at Kohl's (78950 Hwy 111), and while on location they arrested a juvenile male for theft. BEAT 41 Thursday, November 22, 2012 8:50 PM: Officers conducted a vehicle stop on Washington Street and Calle Tampico, and arrested Kaija Cook (23 yrs of San Clemente) for two felony drug warrants. BEAT 43 Friday, November 23, 2012 4:10 AM: Officers conducted a vehicle stop on Hwy I I I after observing two vehicles racing eastbound on Hwy 111 and Jefferson Street. Officers arrested Luis Rodriguez (19 yrs of Thermal) for speed contest and reckless driving. BEAT 41 4:42 AM: Officers responded to a robbery call at Target (78935 Hwy 111).Target Loss Prevention Agents witnessed three subjects stealing items. As the suspects were leaving the store, agents confronted them. One of the suspects displayed a stun gun and fled to an awaiting vehicle. Officers located the suspects on Country Club Drive and Washington Street. Louis Fuentes (19 yrs of Los Angeles), Marvin Amezquita (22 yrs of Los Angeles), and a male juvenile (17 yrs of Highland Park) were arrested for burglary and robbery. BEAT 41 6 _k.. 252 9:09 AM: Officers responded to a disturbance call on the 52000 block of Avenida Martinez, and arrested Michael Rejniak (38 yrs of La Quinta) for violation of probation and violation of domestic violence restraining order. BEAT 43 9:25 PM: Officers responded to a theft call at Kohl's (78950 Hwy 111), and arrested Maria Ramirez (37 yrs of Thermal) for burglary. BEAT 43 11:07 PM: Officers responded to a disturbance at the Beer Hunter (78-483 Hwy 111), and arrested Cody McPherson (24 yrs of Palm Desert) for public intoxication. BEAT 41 Saturday. November 24, 2012 6:00 AM: Officers conducted a vehicle stop in the parking lot of Wal-Mart (79295 Hwy 111) arrested Travis Welmeth (19 yrs of La Quinta) for driving on a suspended driver's license, burglary, and possession of stolen property. BEAT 41 11:32 AM: Officers responded to a domestic disturbance call on the 81000 Ulrich Way, and arrested Todd Fasching (39 yrs of Temecula) for domestic battery, child endangerment, and criminal threats. BEAT 40 5:05 PM: Special Enforcement Team Officers conducted a vehicle stop on Hwy I I I and Jefferson Street, and arrested Michelle Gonzalez (39 yrs of Coachella) for three felony drug warrants and Jesse Felix (66 yrs of Indio) for a felony drug warrant and possession of drug paraphernalia. BEAT 41 7:00 PM: Officers on bicycle patrol along Hwy III conducted a pedestrian check on Washington Street and Channel Drive, and arrested Sergio Montana (37 yrs of La Quinta) for possession of methamphetamine and paraphernalia. BEAT 41 Sunday. November 25, 2012 No significant activity Monday. November 26, 2012 3:56 PM: Business District Team Officers responded to a past robbery at 78580 Hwy I I I (Emerald Desert Cleaners). Upon further investigation, officers determined the suspect robbed the business about 11:30 AM, however, the employee waited to report the incident. No employees were injured during the incident. Business District Team Officers and Thermal Station Investigations will be conducting further investigation. BEAT 41 Tuesday, November 27, 2012 2:16 AM: Officers responded to carjacking and kidnapping call that occurred in the area of Avenida Martinez and Calle Nogales. The victim sustained minor injuries along with his W 253 vehicle and personal property taken. The suspects were two Hispanic male adults. Thermal Station Investigations responded to assist. BEAT 43 1:10 PM: Special Enforcement Team Officers conducted a bicycle stop on Miles Avenue and Adams Street, and arrested Horacio Bedolla (43 yrs of La Quinta) for possession of methamphetamine, drug paraphernalia, violation of probation and committing a felony while on bail. BEAT 40 2:58 PM: Special Enforcement Team Officers responded to a theft call at Wal-Mart (79295 Hwy 111), and arrested Guillermo Valencia Jr. (40 yrs of Coachella) for commercial burglary and a felony arrest warrant for burglary. BEAT 41 Wednesday, November 28.2012 12:51 PM: Motorcycle Officer responded to a vehicle collision on Washington Street and Calle Tampico, and arrested Richard Gross (40 yrs of La Quinta) for driving under the influence of a controlled substance. BEAT 43 3:30 PM: Special Enforcement Team, Business District Team and Thermal Station Investigations conducted a follow-up investigation on the 48000 block of El Arco in Coachella reference the carjacking and kidnapping incident on November 27`h. Thermal Station Investigations arrested Jonathan Garcia (21 yrs of Coachella) for carjacking, robbery, and kidnapping. 7:15 PM: Officers responded to a suspicious circumstance call on the 54000 block of Avenida Alvarado, and arrested Timothy Kearny (63 yrs of La Quinta) for violation of a Domestic Violence Temporary Restraining Order. BEAT 43 Thursday. November 29, 2012 11:06 AM: Officers responded to an intoxicated person call at Office Depot (78987 Hwy 111), and arrested Patricia Fay (54 yrs of La Quinta) for possession of an illegal substance (toluene) and public intoxication. BEAT 41 9:05 PM: Special Enforcement Team Officers conducted a pedestrian check at Avenida Carranza and Temecula, and arrested a 17-year old male for a felony parole warrant. BEAT 43 Friday, November 30, 2012 No Significant Activity 254 CITY / SA / HA / FA MEETING DATE: December 18, 2012 ITEM TITLE: Public Hearing to Consider Resolutions to Approve the Certification of an Environmental Impact Report, the Greenhouse Gas Inventory and Reduction Plan and the 2035 La Quinta General Plan RECOMMENDED ACTIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: _ PUBLIC HEARING: Adopt Resolution 2012- approving the certification of an Environmental Impact Report prepared for the General Plan Update, making certain findings and statements pursuant to the California Environmental Quality Act, and adopting a Statement of Overriding Considerations. Adopt Resolution 2012- approving the Greenhouse Gas Inventory and Reduction Plan prepared in conjunction with the General Plan Update. Adopt Resolution 2012- approving the General Plan Update. EXECUTIVE SUMMARY: The General Plan serves as the primary guiding policy document for the City. It is based upon extensive research and modeling, feedback from public outreach, prior policy determinations, as well as the professional recommendations of City staff and the consulting team. While its format and certain subject areas are mandated by State law, the document has been crafted to reflect the goals and values of the City of La Quinta. The policies and data it contains serve as the foundation of the City's planning efforts and, as such, the General Plan is one of the most important policy documents adopted by the City. The current General Plan was adopted on March 20, 2002. Due to a number of changed factors since then .including new state legislation and the recent economic slowdown, the General Plan has been revised and updated to better reflect the direction of the community. While much of the land use designations and policies . are largely consistent with the current General Plan, adjustments have been made to simplify the document as well as address recent legislative changes. The notable adjustments are as follows: 255 • Two new Elements have been added to the draft General Plan: Sustainable Community (Attachment 1 pg. II-133) and Economic Development (Attachment 1 pg. II-163). • The land use categories have been simplified and consolidated (Attachment 1 Table II-1, pg. II-2). • A few minor changes to existing land use designations have been made from the current General Plan map, such as the accurate designation of existing conservation lands, pocket parks, water district facilities, recent amendments to the General Plan, and adjustments required by the recently adopted Housing Element (Attachment 1 pg. II-18). • The boundary area of the draft General Plan now matches the City's Sphere of Influence (Attachment 1 Exhibit II-1). • An area study or master plan will be required for the eastern Sphere of Influence prior to any future annexations (Attachment 1 pg. II-18 & Policy LU-1.4). • The target population and build -out projections have been more accurately revised to accommodate recent changes in the housing market and reflect data provided from the 2010 U.S. Census (Attachment 1 pg. II-12). • The Land Use and Sustainable Communities Elements enable a mixed -use overlay to be developed in the Zoning Ordinance, and identify new development concepts to be provided for in the Village and Highway 111 corridor (Attachment 1 pg. II-14 & II-143). • The Housing Element, adopted by the City Council in August of 2011, has been incorporated into the General Plan update (Attachment 1 pg. II-193). • The Circulation Element is supported by a new city-wide traffic model that is consistent with the Riverside County model. This Element also incorporates "Complete Streets" and provides updated roadway classifications (Attachment 1 pg. II-31). FISCAL IMPACT: No direct fiscal impact is anticipated with adoption of the Draft General Plan. An analysis to guide and improve long-term fiscal policy has been provided within the Economic Development Element (Attachment 1 pg. II-163). ;, 256 BACKGROUND/ANALYSIS: Population Projections One of the most important updates to the General Plan involves demographic and build -out projections to the year 2035. The 2010 U.S. Census estimated the City's population at 37,467 with an average 2.53 persons per household. Upon projected build -out, the draft General Plan estimates the population within the current City limits to be 79,956 persons with 100% occupancy of all potential housing units. When the City's seasonal vacancy rate of 27.5% is applied, the estimated build -out population drops to 57,968. The draft General Plan also reflects potential growth in the City's Sphere of Influence (SOI). In 2010, the estimated SOI population was 2,264. The draft General Plan identifies an SOI build -out population of 54,396. Therefore, a total population in both the City and Sphere at build -out is estimated to be 134,352 persons. Compliance with State Law The draft General Plan has addressed multiple changes in state law since 2002, which is summarized as follows: • California's Global Warming Solutions Act of 2006, also known as AB 32, requires that all cities prepare an inventory of greenhouse gases and adopt a plan to reduce the emission of those gases to 1990 levels. As a result, the General Plan update is accompanied by a Greenhouse Gas Inventory and Reduction Plan (Attachment 3) which measures the City's emissions levels and recommends policies for implementation which have been estimated to achieve the required goals. • The Circulation Element takes into account California's Complete Streets Act of 2008 (AB 1358) by incorporating designs which accommodate and enable safe access for all roadway users, including pedestrians, bicyclists, golf carts, and transit riders. • The General Plan update accommodates the Sustainable Community and Climate Protection. Act of 2008 (SB 375) through the new Sustainable Community Element and by integrating supporting transportation, land -use, and housing policies throughout the General Plan. • The addition of the new Sustainable Community Element allows streamlined CEQA exemptions for certain infill, transit -oriented, and walkable community projects under environmental legislation enacted in 2011 under SB 226. .* 257 Land Use Summary The draft General Plan includes a minor change the allocation of land in the City. The attached Table 1 (see Attachment 2) compares the land use allocation in the existing General Plan with the proposed General Plan. The differences fall into a few limited categories: • Lands previously designated Low -Density Residential that have since been developed as golf courses have been changed to Open Space Recreation, which reduced the residential acreage and increased the Open Space Recreation acreage. • Lands designated Commercial and Low Density Residential has been changed to High -Density Residential, either for specific projects or for consistency with the newly adopted Housing Element. • Lands designated Low -Density Residential in Section 5 bought by public agencies for conservation under the Multi -Species Plan has been changed to Open Space Recreation. • Lands annexed into the City since 2002, including and in particular lands south of Avenue 58 and west of Monroe have increased the overall acreage of land within the City limits. Greenhouse Gas Inventory and Reduction Plan The California Warming Solutions Act of 2006, referred to as Assembly Bill 32 (or AB 32), in conjunction with the Sustainable Community and Climate Protection Act of 2008, referred to as Senate Bill 375 (SB 375), requires all cities to reduce their greenhouse gas (GHG) emissions to 1990 levels by no later than 2020. In accord with these laws, the Planning Department has prepared a Greenhouse Gas Inventory and Reduction Plan (Attachment 3) which analyzes emissions levels and contains recommended policies intended to help the City reach its target goal. While most GHG emissions are generated by vehicles and power generation, there are a number of measures that can be applied on a city-wide level relating to building construction, energy efficiency, transportation planning, and land use. When applied together, these recommendations will help the City comply with the legislation's target goals. The Greenhouse Gas Inventory and Reduction Plan serves as an appendix to the draft General Plan and supports the energy efficiency and conservation goals, policies, and programs found within the Sustainable Community Element. Sustainable Community Element The Sustainable Community Element (Attachment 1 pg. II-133) helps the City f 258 develop responsibly and efficiently through the conservation of resources, the enhancement of the built environment, encouraging transportation options that do not rely as much on the automobile, and improved community health. The Sustainable Community Element has been drafted so that its recommendations provide additional choices rather than mandate limitations. It contains a number of concepts and programs that are interconnected with State Building Codes, Regional Water Quality Plans, public health initiatives, other General Plan Elements, and the Greenhouse Gas Inventory and Reduction Plan. Economic Development Element An Economic Development Element (Attachment 1 pg. II-163) was prepared in light of recent economic events and contains long-term strategies to maintain the City's current economic base and to help improve growth and revenue. The Economic Development Element contains an analysis that determines the costs and revenues associated with the future build out of the City. It takes into account existing and potential sources of revenue and is intended as a basis for the City's annual Economic Development Plan. Traffic and Circulation The update to the Circulation Element (Attachment 1 pg. II-31) reflects the evolution of land use and development in the City, the Sphere of Influence, and neighboring communities. The Element is supported by extensive traffic and transportation modeling. Based on modeling projections, a number of physical improvements have been identified at key intersections and roadway segments to assure that future traffic operations can provide an acceptable level of service. These recommendations will be incorporated into the City's Capital Improvement Program. The Element identifies a priority for roundabouts over signalization at specific intersections, strategies to maximize alternative modes of travel, the implementation of Transportation Demand Management (TDM) programs, and the use of Intelligent Transportation Systems (ITS). With the recommended physical improvements and management strategies identified in the Circulation Element, it is expected that most components of the City's circulation network will operate at acceptable levels of service upon General Plan build out. Compliance with the California Environmental Quality Act Based on California Environmental Quality Act (CEQA) requirements, an Environmental Impact Report (Attachment 4) was prepared for the General Plan update (State Clearinghouse No. 2010111094). All of the impacts identified from the proposed General Plan are able to be mitigated to a less than significant level with the exception of air quality and traffic and circulation, for which a Statement of Overriding Considerations is being proposed for consideration by the City 259 Council. With regards to air quality, emissions associated with operation of land uses at build out of the General Plan will exceed established thresholds, even when mitigated, and are therefore significant and unavoidable. These emissions result from daily emissions in the city at build out, including electricity generation, natural gas usage, vehicular exhaust, construction activity, and emissions generated by individual businesses and residences. With regards to traffic and circulation, even with the proposed mitigation programs, management strategies, and physical improvements identified in the Circulation Element, up to six roadway segments and four intersections may operate at level of service (LOS) E or F at build out, which fall below City standards, and are considered to be significant and unavoidable impacts (Tables 2 and 3 below). With these exceptions, most components of the City's circulation network will operate at acceptable levels of service upon General Plan build out. Table 2 Intersections with the Potential to Operate at LOS E or F General Plan Build Out Intersection Projected Level of Service (LOS) AM PM Washington St. at Fred Waring Dr. F F Washington St. at Miles Ave D F Miles Ave at Adams St. D E Madison St. at Avenue 50 E F Table 3 Roadway Segments with the Potential to Operate at LOS E or F General Plan Build Out Roadway Segment Projected Daily Level of Service Washington St.: Ave 42 to Fred Waring Dr. E Washington St.: Fred Waring Dr. to Miles Ave at Miles Ave F Washington St.: Highway 111 to Avenue 48 E Washington St.: Avenue 48 to Eisenhower Dr. E Madison St.: Avenue 54 to Airport Blvd (Ave 56) F Harrison St.: Airport Blvd. (Ave 56) to Avenue 58 F PUBLIC NOTICE AND REVIEW Public Outreach Campaign The City conducted an extensive community outreach effort for the General Plan update. The public outreach campaign began with a kick-off workshop to garner input held in April of 2010, stakeholder workshops for residents and businesses in both the Village and along Highway 111, and presentations before homeowner associations, the local Rotary Club, and at the annual City Picnic. A detailed website was prepared, www.lg2035.org, to keep the public informed and apprised of the project's ongoing progress and to allow public access to the draft General Plan and supporting documents. Public Notification The Notice of Preparation (NOP) for the Environmental Impact Report was posted and released for comment on November 24, 2010. A scoping meeting for the NOP was advertised and held on December 8, 2010. The Notice of Completion (NOC) was posted with the State Clearinghouse on July 10, 2012. The Notice of Availability (NOA) for the Draft Environmental Impact Report (DEIR) was advertised in The Desert Sun newspaper on July 12, 2012. The 45-day public comment period for the Draft Environmental Impact Report ran through August 27, 2012. All General Plan documents have been posted online for public review on their respective release dates. All comments received during the DEIR comment period have been responded to and are located within the Final Environmental Impact Report's Response to Comments. The General Plan Update was subject to review by Native American Tribal organizations, under SB 18 requirements. One request for consultation was received from the Cabazon Band of Mission Indians during the 90-day tribal consultation request period, but there was no follow-up to our response from that organization. Comments were also received from the Ague Caliente Band of Cahuilla Indians. The public hearing for the proposed Environmental Impact Report, Greenhouse Gas Assessment Inventory and Reduction Plan, and General Plan Update were advertised in The Desert Sun newspaper on December 7, 2012. The public hearing notice was published as 1 /8 page legal advertisement. Response to Comments on the Draft Environmental Impact Report During the 45-day comment period, the City received written responses regarding the Draft Environmental Impact Report (Attachment 5) from the following agencies: Native American Heritage Commission, Riverside County Airport Land Use 261 Commission, South Coast Air Quality Management District, City of Coachella, City of Indio, Coachella Valley Water District, Coachella Valley Mosquito and Vector Control District, Riverside County Planning Department, the State Clearinghouse, Hoffmann Land Development, and the Riverside County Transportation and Land Management Agency. One comment was received from the Ague Caliente Band of Cahuilla Indians after the conclusion of the comment period. Formal responses to comments have been prepared in conjunction with the Final Environmental Impact Report and presented to the City Council. These responses to comments were distributed to the commenters in accordance with the requirements of CEQA on December 3, 2012. Communication from the Public During the course of the General Plan update, staff received comments from four La Quinta residents (Attachment 6): Mr. Dick Storbo, Mrs. Neeta Quinn, Mr. Michael L. Bailardo, Mr. Bob Righetti, and two developers, Mr. Marvin D. Roos (resulting in a minor correction to Circulation Exhibit II-2) and Mr. Ulrich Sauerbrey. Comments received from Mrs. Quinn, Mr. Bailardo and Mr. Righetti focused upon the United Nations Agenda 21 and made reference to the La Quinta General Plan incorporating certain global principles and objectives of Agenda 21. As a result of the concerns raised, staff elected to delay City Council consideration in order to allow opportunity to further investigate the concerns raised. Staff met on two occasions with Mr. Righetti and also Mrs. Michas of the Palm Springs Patriots Coalition. As a result of the information provided as well as discussion and dialogue, staff is proposing language changes (Attachment 8) as follows: • Sustainable Community Element — Background section: Eliminated United Nations definition of sustainability and replaced with language focused upon maintaining and improving quality of life. • Administration Chapter - Community Vision: Amendment to language supporting property rights. • Land Use Chapter - Land Use (LU) Policy 1.2: Replacing policy with new language taking into consideration the "rights and needs of property owners." Any additional comments received following the preparation of this report will be provided at the public hearing. ALTERNATIVES: Alternative actions available to the City Council include referring the proposed draft General Plan and supporting documents back to staff for further revisions, or the discussion and incorporation of any adjustments deemed appropriate. COMMISSIONS/BOARD/COMMITTEE RECOMMENDATIONS: The Historic Preservation Commission (HPC) reviewed the draft Cultural Resources Element of the General Plan and the supporting Cultural Resources Report prepared by CRM Tech for the General Plan Update during their meeting held on June 21, 2012. The HPC unanimously approved Minute Motion 2012-003 supporting the Cultural Resources Report's findings and recommendations. The Community Services Commission reviewed and commented on the draft Open Space and Parks and Recreation Elements of the General Plan during their meeting held on Monday, June 11, 2012. No formal action was necessary at the meeting. The La Quinta Planning Commission reviewed the draft General Plan at a public hearing held September 11, 2012. During the hearing, Commissioners commented on a number of topics related to the General Plan, but no modifications or changes were recommended. Two members of the public spoke in regards to the General Plan at the hearing, Ulrich Sauerbrey and a Mrs. Neeta Quinn. Mr. Sauerbrey spoke on behalf of the proposed Travertine project's interests and Mrs. Quinn spoke in general opposition to the General Plan (Attachment 7). The Planning Commission was unanimous in their support of the General Plan, recommending Council approval of the General Plan under Resolution 2012-015 by a 5-0 vote. ENVIRONMENTAL REVIEW: All of the impacts identified from the proposed General Plan are able to be mitigated to a less than significant level with the exception of air quality and traffic and circulation, for. which a Statement of Overriding Considerations is required for adoption by the City Council Director Attachments: 1. Draft General Plan Update 2. Table 1, A Comparison of Existing and Proposed General Plan Use Allocations 3. Greenhouse Gas Inventory and Reduction Plan 4. Draft Environmental Impact Report 5. Agency and Public Comments Received on the Draft 263 Environmental Impact Report (Final EIR Response to Comments) 6. Communication from the Public and Response Letters 7. Minutes of the Planning Commission from September 11, 2012 8. Response to Public Comment — Proposed Text changes Attachments 1, 3, and 4 were provided to the City Council at the beginning of the public comment period on July 12, 2012. 264 RESOLUTION 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA,: CERTIFYING THAT THE ENVIRONMENTAL IMPACT REPORT (SCH#2010111094) PREPARED FOR THE 2035 LA QUINTA GENERAL PLAN UPDATE IS ADEQUATE, MAKING CERTAIN FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM WHEREAS, pursuant to California Government Code Section 65302, the La Quinta 2035 General Plan Update has been prepared; and WHEREAS, a Greenhouse Gas Inventory and Reduction Plan has been prepared in conjunction with the General Plan Update pursuant to California Health and Safety Code Section 38550 et. seq.; and WHEREAS, it was determined pursuant to California Environmental Quality Act ("CEQA") and the CEQA Guidelines (Title 14 California Code of Regulations Sections 15000 at seq.) that the implementation of General Plan Update ("Project") could have a significant effect on the environment, and thus warranted the preparation of an Environmental Impact Report ("EIR"); and WHEREAS, on November 22, 2010, the City of La Quinta, as lead agency under CEQA, prepared a Notice of Preparation ("NOP") of the EIR; mailed that NOP to public agencies, organizations, and persons likely to be interested in the potential impacts of the proposed Project; and WHEREAS, the City thereafter caused to be prepared a Draft Environmental Impact Report ("DEIR"), which, taking into account the comments it received on the NOP, described the Project and discussed the. anticipated environmental impacts resulting therefrom as well as various mitigation measures to reduce the impacts, and on July 12, 2012, circulated the DEIR for public and agency comments; and WHEREAS, the public comment period for the DEIR closed on August 27, 2012; and WHEREAS, the Planning Commission of the City of La Quinta did on the 1 1" day of September, 2012, hold a duly noticed Public Hearing to consider the draft Environmental Impact Report and, after considering all comments received 265 as well as all testimony and arguments, adopted Planning Commission Resolution 2012-015, recommending City Council adoption of the draft Environmental Impact Report; and WHEREAS, it is the policy of the State of California and the City, in accordance with CEQA and the CEQA Guidelines, that the City shall not approve a project that has significant effects on the environment unless there is no feasible way to lessen or avoid the significant effects and that the benefits of approveing the project outweigh the unavoidable significant impacts, such that the impacts are acceptable based on CEQA Guideline Section 15093; and WHEREAS, the City Council of the City of La Quinta has read and considered all environmental documentation comprising the EIR, has found that the EIR considers all potentially significant environmental impacts of the proposed project and is complete and adequate, and fully complies with all requirements of CEQA; and WHEREAS, the CEQA and the CEQA Guidelines provide that no public agency shall approve or carry out a project for which an EIR has been completed and which identifies one or more significant effects of the project unless the public agency makes written findings for each of the significant effects, accompanied by a statement of facts supporting each finding. WHEREAS, the City Council has reviewed the attached CEQA Findings and Statement of Facts as well as the attached Statement of Overriding Consideratins; and WHEREAS, prior to action on the project, the City Council has considered all significant impacts, mitigation measures, and project alternatives identified in the EIR, and has found that all potentially significant impacts on the project have been lessened or avoided to the extent feasible; and WHEREAS, pursuant to CEQA Guideline Section 15093(b), the City must state in writing the reasons to support its action based on the EIR and/or other information in the record. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of La Quinta does hereby find as follows: Section 1. Cerfification of EIR. Based on its review and consideration of the Final EIR and all written communications and oral testimony regarding the proposed project which have been submitted to, and received by, the City, the City Council certifies that the Final EIR has been completed in compliance with CEQA and the State and local CEQA Guidelines. The City Council finds that the Final EIR 266 reflects the City Council's independent judgment and analysis as lead agency under CEQA, and hereby adopts and certifies the Final EIR as complete and adequate. The City Council further certifies that the Final EIR was presented to the City Council and that the City Council reviewed and considered the information contained in it prior to approving the 2035 La Quinta General Plan Update. Section 2. CEQA Findings. The City Council hereby adopts the CEQA Findings and Statement of Facts attached as "Exhibit A," which exhibit is incorporated herein as though set forth in full. Section 3. Statement of Overriding Considerations. The City Council hereby adopts the Statement of Overriding Considerations attached as Exhibit "B" which exhibit is incorporated herein.as though set forth in full. Section 4. Mitigation Plan Approval. Although the Final EIR identifies certain significant environmental effects that would result from approval of the Project, certain environmental effects can feasibly be avoided or mitigated and will be avoided or mitigated by imposition of mitigation measures included in the Final EIR and the Mitigation Monitoring and Reporting Program. Pursuant to Public Resources Code section 21081 and CEQA Guidelines section 15097, the City Council hereby adopts and approves the Mitigation Monitoring and Reporting Program attached hereto as Exhibit "C," which is incorporated herein by reference as though set forth in full. The City Council further finds that the mitigation measures identified in the Final EIR are feasible. Section 5. No Significant New Information Added to Draft EIR. The information provided in the various reports submitted in connection with the proposed Project and in the responses to comments on the Draft EIR, the information added to the Final EIR, and the evidence presented in written and oral testimony at public hearings on the Project and the Draft EIR, do not constitute significant new information that would require recirculation of the Draft EIR pursuant to Public Resources Code section 21092.1 and CEQA Guidelines section 15088.5. Section 6. Location and Custodian of Record of Proceedings. The Planning Department of the City of La Quinta, located at 78-495 Calle Tampico, La Quinta, CA 92253-1504, is hereby designated as the custodian of the documents and other materials which constitute the record of proceedings upon which the City Council's decision is based, which documents and materials shall be available for public inspection and copying in accordance with the provisions of the California Public Records Act (Government Code § § 6250 at seq.) during normal business hours. ..4.. 261 Section 7. Notice of Determination. The Planning Director shall file a notice of determination with the County Clerk of the County of Riverside and with the state Office of Planning and Research within five (5) working days after this approval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 18' day of December, 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 APPROVED AS TO FORM: M. Katherine Jenson, City Attorney City of La Quinta, California W. 268 RESOLUTION 2012- EXHIBIT "A" CEQA FINDINGS AND STATEMENT OF FACTS A. INTRODUCTION Project Description The purpose of the EIR is to assess the environmental constraints and opportunities associated with the adoption and implementation of the proposed La Quinta General Plan Update, and evaluate the impacts of build out of the General Plan Land Use Map (please see DEIR Exhibit 1-5). The DEIR summarizes the land use designations and the major goals and policies established in the General Plan. It utilizes a range of technical data, which has served as the basis for evaluating a variety of environmental issues relevant to the City and its Sphere. Environmental issues considered in this EIR include but are not limited to the following: -land use compatibility, traffic and circulation, flooding and hydrology, geotechnical and seismic safety, biological and archaeological resources, and noise impacts. In addition, the EIR considers the availability of public services and facilities associated with General Plan implementation. Project Location The City of La Quinta General Plan Update Planning Area encompasses approximately 48.3 square miles situated in the south central portion of the Coachella Valley, in central Riverside County, California. The Planning Area is generally bounded on the northby lands south of Hidden River Road, on the south by Avenue 64, on the west and southwest by the Santa Rosa Mountains, and on the east by Harrison Street. The General Plan Update Planning Area is comprised of lands within the City's corporate limits, as well as the City's Sphere of Influence. The incorporated limits of the City of La Quinta encompass 35.7± square miles, which are developed for a range of residential, resort and resort residential, commercial and open space uses. The Sphere of Influence totals 12.6± square miles. The Sphere occurs in two locations: a small area to the north of the City's corporate limits, and the majority of these lands located to the east of the City's corporate limits. Lands included in the City's Sphere are those identified by the Local Agency Formation Commission (LAFCO) as being a logical extension of the City in the long term. Only if these lands are annexed will the City have jurisdiction It, 269 over their development. All lands in the Sphere currently fall under the jurisdiction of the County of Riverside. CEQA Requirements The City of La Quinta proposes to adopt the 2035 La Quinta General Plan Update. Because the proposed action constitutes a "project" under the California Environmental Quality Act of 1970 (CEQA), as amended, and the State Guidelines for the implementation of CEQA, as amended, the City has prepared a Draft Environmental Impact Report (DEIR). The DEIR identifies certain significant effects which may occur as a result of the project, or which may occur on a cumulative basis in conjunction with the project and other past, present, and reasonably foreseeable future projects. CEQA and the State Guidelines require that no public agency approve or carry out a project for which an Environmental Impact Report (EIR) has been completed and which identifies one of more significant effects of the project unless the public agency makes one of more of the following written findings for each of the significant effects, accompanied by a Statement of Facts supporting each finding. The possible findings include the following: 1: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR. The City has determined that the EIR is complete and has been prepared in accordance with CEQA and the Guidelines. The City proposes to approve the proposed project, and the findings set forth herein are made. B. EFFECTS DETERMINED TO BE INSIGNIFICANT As part of the Initial Study process, the Environmental Checklist Form suggested by the CEQA Guidelines and utilized by the City of La Quinta was reviewed to assure that all environmental issues required to be addressed by CEQA would be addressed in the EIR. It was determined that the proposed project would have no impact on the following environmental areas of concern: 210 Biological Resources: would the project: e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Hazards and Hazardous Materials: would the project: f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Noise: would this project: f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Population and Housing: would the project: b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? C. EFFECTS DETERMINED TO BE LESS THAN SIGNIFICANT oasthatirea The 2035 General Plan Update will facilitate new development throughout the Planning Area through the adoption of its Land Use Map, and policies promoting development. Therefore, the General Plan Update has the potential to impact the existing aesthetic quality of the Planning Area. The General Plan Update does not, however, propose any significant changes to the land use pattern in the City. The General Plan Update provides policies and programs to protect existing views and maintain existing scenic vistas. These include policies relating to the preservation of existing neighborhoods, and the implementation of development standards to reduce impacts from new or redeveloped projects on adjacent lands. Further, the City will continue to implement its Zoning standards, which limit building height, and control mass and scale. The Sustainable Community Element also contains policies geared to high quality design in harmony with the natural 2l1 environment, as well as the preservation of natural resources. The policies and programs contained in that Element will also limit the potential impacts on scenic vistas resulting from implementation of the General Plan Update. As a result, impacts on scenic vistas caused by implementation of the General Plan Update will be less than significant. Scenic Resources includes trees, rock outcroppings, and historic buildings that are visible from a state scenic highway. Currently, there are no state scenic highways that run through La Quinta or the Sphere of Influence. Therefore, impacts to scenic resources along a state scenic highway will be less than significant. Light and glare impacts are associated with increased urbanization. Within the City limits, the majority of lands are developed, and daytime and nighttime skies are already affected to a limited extent by light and glare. The adoption of the General Plan Update will facilitate similar development patterns in the City to those that exist today. Further, the General Plan Update maintains policies and programs currently in effect that limit lighting, and the City's Municipal Code prohibits light spillage onto neighboring properties. Therefore, implementation of the General Plan Update will have a less than significant impact on light and glare impacts within the City. The La Quinta 2035 General Plan Update will facilitate continued urbanization in areas that are undeveloped, but also provides goals, policies and programs to reduce aesthetic impacts associated with new development. The City's land use pattern will not change due to the Update, and the Land Use and Sustainable Community Elements will control the mass, scale and bulk of new projects and redeveloped sites. Impacts associated with aesthetics are expected to be less than significant. Land Use Planning Potential land use incompatibilities are addressed through policies and programs set forth in the General Plan and through adherence to the Municipal Code. The General Plan also includes policies and programs designed to assure that adequate infrastructure is available prior to development occurring in an area; and that land use compatibility and neighborhood character be preserved throughout the City and Sphere. A Master Plan of Development for the eastern Sphere of Influence will be prepared that will be reflective of the community's wants and needs. Development within the Sphere of Influence shall be subject to policies set forth in the Master Plan. These policies and programs reduce the potential impacts associated with land use and planning to less than significant levels. No mitigation is required. iv 212 Mineral Resources The General Plan Update will facilitate new development or redevelopment throughout the City and Sphere. There are no mining operations occurring within the Planning Area. The majority of lands within the City are developed. Remaining vacant lands include infill lots, and scattered parcels located primarily within the Cove area and southwestern portion of the City Limits, which may develop according to land use designations proposed by the General Plan Update. As shown in Exhibit III-11, these areas are located in MRZ-3, or areas containing known or inferred mineral deposits, the significance of which cannot be evaluated from available data. These areas, however, are surrounded by urban development, and mineral extraction activities are incompatible and unlikely on remaining vacant parcels. Implementation of the General Plan Update does not result in loss of availability of locally important mineral resource considered valuable to the region and state, and does not result in the loss of availability of mineral resource recovery sites delineated on a local general plan, specific plan or other land use plan. Impacts on mineral resources caused by the implementation of the General Plan Update will be less than significant. Recreational Resources The General Plan requires the provision of 5 acres of parkland for each 1,000 population. Based on this standard, a population of 79,956 at build out of lands within the City limits would require a total of 395 acres of parkland. With implementation of required fees for new development projects, implementation of the General Plan Update will have less than significant impacts to existing parks within the City. Implementation of the General Plan Update has the potential to result in the development of approximately 20,699 new residential units within the Sphere at build out. Total population within the Sphere is expected to reach 54,396 residents. The General Plan requires 5 acres of parkland per 1,000 residents. Based on this standard, a population of 54,396 residents at build out would require a total of 272 acres of parkland, if the Sphere were annexed to the City. With implementation of required fees for new development projects, implementation of the General Plan Update will have less than significant impacts to existing parks within the City or its Sphere of Influence. 213 D. EFFECTS DETERMINED TO BE MITIGATABLE TO A LEVEL OF INSIGNIFICANCE Agricultural Resources The General Plan Update will facilitate continued urbanization in areas that are undeveloped and used for agriculture. In 2008, there were approximately 1,700 acres of important agricultural land located in the City, and 7,391 acres in the Sphere of Influence, for a total of 9,091 acres. 582 acres of land with Williamson Act contracts are located within the Sphere of Influence. Based on 2008 Riverside County data, approximately 218.9 acres were in renewal, and 363 acres were in non -renewal. Land designated as important farmland represents 1.3% of the total important farmland in the County. The eventual loss of these lands will not significantly impact agriculture in the region. The eastern Sphere of Influence is designated primarily as Low Density Residential, and requires the preparation of a master plan prior to annexation. The master plan is further required to reflect the character of the area. Annexation to the City cannot occur without the completion of this master plan. Based on the character of the area, it can be expected that the master plan will contain provisions for equestrian and agricultural facilities, and that agricultural uses would remain within the land use mix of the area. The General Plan Update will not directly require conversion of farmland to non- agricultural uses, however indirect pressures may encourage agricultural landowners to sell or develop the land. Findings: 1. Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, which will mitigate this impact to a less than significant level, as follows: a. Prior to lands under Williamson Act contract being annexed into the City of La Quinta, the City shall coordinate with property owners, County of Riverside, and appropriate state agencies to assure transfer of Williamson Act contracts to the City. b. The master plan for the Vista Santa Rosa area will incorporate the area's agricultural character. c. New development will be required to provide buffers adjacent to existing agricultural lands. 2J4 d. Incorporate date palms, citrus trees, or other important crops into landscape plans for open space, right-of-way landscaping, and parks to the greatest extent possible. Biological Resources The ultimate build out of the General Plan Planning Area has the potential to significantly impact biological resources by reducing native habitat areas and directly affecting fauna. However, the majority of lands on which development will occur are on the Valley floor, in areas already impacted by urban development or agricultural activities. These areas are part of the Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP), and new development projects will be required to pay mitigation fees associated with the MSHCP to allow for the preservation of habitat and species in designated conservation areas. Conservation areas designated under the MSHCP will be restricted in development, per the requirements of the Plan. Areas where non -covered sensitive species occur are identified in the General Plan, and the Plan requires the preparation of special studies for projects proposed in those areas. Those studies will provide an assessment of the potential impacts, and recommend mitigation measures if necessary. The General Plan also designates Natural Open Space for hillside areas on the west and southwest portions of the City, which are areas of potential habitat for the endangered Peninsular Bighorn Sheep. The Natural Open Space designation will not result in development in these areas, and will protect these lands for the long term. Finally, existing regulations, including the provisions of the MSHCP, the requirements enforced by the California Department of Fish and Game, the US Fish and Wildlife Service and the US Army Corps of Engineers will continue to be enforced by the City. These requirements and regulations are designed to protect species, water bodies and habitats from negative impacts associated with development. The General Plan acknowledges these requirements, and includes policies to maintain their implementation for future projects as they are proposed. Findings: 1. Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, which will mitigate this impact to a less than significant level, as follows: a. The City shall require payment of Coachella Valley Multiple Species Habitat Conservation Plan mitigation fees prior to issuance of occupancy permits for development projects required to pay such fees. b. The City shall refer land owners and developers of lands slated for conservation under the MSHCP to the Coachella Valley Association of Governments and/or Coachella Valley Conservation Commission for guidance and permitting assistance. c. The City shall maintain and update as necessary all maps of conservation and mitigation fee boundaries for the MSHCP. d. Where appropriate, the City shall require site -specific, species -specific surveys for the seven species not covered by the MSHCP. e. Projects proposed for development within areas identified as having potential for occurrence of Glandular Ditaxis, California Ditaxis, Prairie Falcon, Black -tailed Gnatcatcher, Loggerhead Shrike and Pocketed Free -tailed Bat, as identified in the General Plan, shall be required to retain a qualified biologist to prepare biological resource surveys. f. Prior to the issuance of any ground disturbing permit for qualifying projects in a Conservation Area, the City shall require a protocol compliant survey for Burrowing Owl, in compliance with the MSHCP Section 4.4. g. The City shall require protocol compliant surveys for burrowing owl prior to the issuance of any ground -disturbing permit for fallow lands outside MSHCP Conservation areas. h. The City's Land Use Map shall designate as "Open Space" all publicly owned Conservation lands for the MSHCP. i. In compliance with the requirements of the Migratory Bird Treaty Act (MBTA), the City shall continue to require that for development projects proposing removal of vegetation between March and August, a qualified biologist shall be retained to determine whether any bird nests or young occur on the site, and if they occur, to provide mitigation measures compliant with the MBTA. j. In compliance with the regulatory requirements of the California Department of Fish and Game, the U.S. Army Corps of Engineers and the Regional Water Quality Control Board as they relate to "waters of the State of California" and/or "waters of the United States", and prior to the initiation of any project within the Coachella Valley Stormwater Channel, the City shall require consultation and/or permitting by State and federal agencies be demonstrated in writing. 276 k. Prior to the initiation of any project within any defined blueline stream other than the Coachella Valley Stormwater Channel, the City shall require that consultation and/or permitting by California Department of Fish and Game be demonstrated in writing. I. The City shall encourage new development projects to incorporate native desert plant materials into project landscaping to the greatest extent possible, and shall discourage the use of invasive, non-native species. m. The City shall use zoning standards and the design review process to assure that adequate buffers are provided between urban development and environmentally sensitive areas, including Conservation Areas for the MSHCP, to the greatest extent possible. Cultural Resources Previously completed cultural surveys have identified approximately 500 archaeological sites, both historic and prehistoric, throughout the entire General Plan Update Planning Area. Future development projects, including modifications to existing buildings, demolition, grading activities, site excavation, and construction could potentially result in direct or indirect disturbance or destruction of historic resources. The General Plan requires site specific studies be conducted when development is proposed. These studies will include an assessment of potential impacts to historic resources, and assure that impacts to these resources are reduced to less than significant levels. Vacant lands that have not been surveyed may contain buried archaeological resources. Future construction activity on these lands, including grading activity, site excavation, and general construction could potentially result in direct or indirect disturbance or destruction of archaeological resources. Site surveys are required by the City as part of the entitlement process, to assess potential harm to these resources. Implementation of the General Plan could facilitate development within the Sphere of Influence, if these areas are annexed. As a result, impacts to unknown cultural resources could occur. The City's survey requirements for historic and prehistoric resources would be applied for these properties to assure. said resources are identified and protected. Implementation of the General Plan Update will facilitate new development throughout the Planning Area. The City and its Sphere exhibit varying degrees of paleontological sensitivity according to soil types. Sediments related to ancient Lake Cahuilla beds exhibit the highest paleontological sensitivity. Granitic rock soils found along the Coral Mountains which surround the Cove have low paleontological 271 sensitivity. New development activity, including construction, grading, and other site disturbances in moderate and high sensitivity areas has the potential to impact paleontological resources. Findings: 1. Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, which will mitigate this impact to a less than significant level, as follows: a. The City will continue to pursue government -to -government consultation with pertinent Native American representatives and tribal organizations, as required by SB 1 B. b. All proposed project sites will be surveyed by a qualified archaeologist, historian, and/or architectural historian, as appropriate, to identify any potential cultural resources that may be affected unless existing evidence shows that such survey is unnecessary. c. The City will maintain and expand as necessary the existing historical resources inventory to provide a comprehensive and up-to-date register of known cultural resources in the Planning Area. d. New development projects proposed for areas of high sensitivity for paleontological resources shall be required to prepare paleontological resource surveys as part of the entitlement processing. e. A paleontological resource evaluation shall be prepared in conjunction with site specific geotechnical analysis required for grading and building permits for projects located in low paleontological sensitivity and undetermined areas. Evaluation should include bore samplings to understand whether grading and/or building will impact underlying Pleistocene or older soils. f. The City will require a paleontological monitor during earth moving activities in high sensitivity areas. Geology and Soils Although no active or potential active faults occur in the Planning Area, geological analyses conducted for the General Plan indicates that the Planning Area could experience moderate to very high ground shaking from earthquakes along the San Andreas Fault. These levels of ground shaking have potential to cause moderate to heavy damage, especially to older and poorly constructed buildings. Strong ground shaking can also result in indirect hazards, including slope 273 instability, liquefaction, settlement, landslides, and flood inundation, urban fires, failure of water storage or containment structures, such as levees, dikes or reservoirs, and toxic chemical releases. Several areas in the City and Sphere have potential to be impacted by liquefaction. There is a moderate potential for liquefaction in the southeastern portion of the Planning Area, and a high potential in the eastern Sphere. Areas at risk due to seismically induced slope instability occur within the southern and western portions of the Planning Area near the base of steep slopes associated with the Santa Rosa and San Jacinto Mountains. These areas have been mapped and are shown in the General Plan as well as the EIR. For the most part, development is expected to be limited within these areas. Nonetheless, lands downslope of mountain slopes and hillsides may be susceptible to risks associated with landslide and rockfall. The Planning Area is not within an inundation area for a dam under the jurisdiction of the California Division of Dam Safety. Potential for seismically induced inundation in the Planning Area may occur in the event of levee failure along the Coachella Valley Stormwater Channel, the Coachella Canal and Lake Cahuilla. Above -ground water storage reservoirs in the Planning Area contain large quantities of water. If these structures are damaged in an earthquake, downslope areas are at risk of flooding. Alluvial and windblown soils occur in various portions of the Planning Area. Windblown sand deposits occur in the northern City and Sphere, while soils associated with alluvial fan deposits occur throughout the southern and western/northwestern portions of the City. Soils associated with alluvial (water) and aeolian (wind) processes are subject to loss of cohesion when saturated, which may result in collapse and/or hydroconsolidation. Structures built on these soils may be damaged as a result. Much of the Planning Area is underlain by lacustrine deposits associated with ancient Lake Cahuilla. These soils contain varying amounts of clay and silt, which may be expansive. Shrinking and swelling can result in damage to structures and other surface improvements. Ground subsidence is a regional issue in that it is thought to be related to reductions in groundwater supplies in the aquifer. It is being addressed through Coachella Valley Water District water management programs, including groundwater recharge and water conservation programs. .It 219 Wind erosion, which occurs through much of the Valley, including the Planning Area, affects overall air quality, health, and can result in damage to structures. Much of the Planning Area is within an active wind erosion zone. Findings: 1. Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, which will mitigate this impact to a less than significant level, as follows: a. The City shall periodically confer with the California Geological Survey, Riverside County, neighboring communities, and other appropriate agencies to improve and routinely update the database of local and regional geologic conditions, including seismic and geotechnical hazard in the General Plan Area. b. The City shall continue to require that development in areas subject to rockfall, landslide, liquefaction and/or other geotechnical hazards prepare detailed geotechnical analyses that include mitigation measures intended to reduce potential hazards to less than significant levels. c. The City shall continue a cooperative agreement with the County Geologist, State Geologist, or contract state -certified geologist and/or geological engineer to review and determine the adequacy of geotechnical, fault hazard studies and/or soils studies for proposed projects in the General Plan Area, and to enforce the implementation of mitigation measures. d. The City shall require that development in areas subject to collapsible or expansive soils conduct soil sampling and laboratory testing and implement mitigation measures that minimize such hazards. e. The City shall require that all new structures be built in accordance with the latest version of the California Building Code (CBC). f. The City shall continue to encourage that structures that pose a safety threat due to inadequate seismic design are retrofitted or removed from use. The City shall encourage all other property owners to seismically upgrade their properties. g. The City shall consult and coordinate with California Geological Survey, Coachella Valley Water District and other appropriate agencies to support and participate in local and regional efforts at groundwater conservation and recharge in order to minimize potential impacts of 280 subsidence due to groundwater extraction, including the periodic monitoring of groundwater levels and surface elevations in the City. h. The City shall coordinate and cooperate with public and quasi -public agencies to ensure that major utilities shall continue to be functional in the event of a major earthquake. Hazards and Hazardous Materials Implementation of the General Plan Update will facilitate new growth and development across the City and the Sphere. Increased growth will not only result in an increased population susceptible to hazards and hazardous materials, but will include businesses and development projects that use, store, and/or transport hazardous material. As a result, build out of the proposed General Plan has the potential to increase the number of people that are susceptible to hazards and hazardous materials in the Planning Area. New growth and development facilitated by the General Plan Update will have the potential to increase populations living in the vicinity of hazardous materials transport routes. The transport of hazardous materials is highly regulated by various government agencies, such as Caltrans, the California Highway Patrol, and the US Department of Transportation, and cleanup and containment of these accidents is monitored by these same agencies. Emergency evacuation and response plans, such as Code RED, are already developed in La Quinta to provide automated notification to residents during an emergency, including hazardous waste spills. The General Plan Update could result in approximately 8,114 additional residential units in the City Limits, and 20,699 new units within the Sphere of Influence. These new residential uses have the potential to use and store household cleaning supplies, chemicals, batteries, fluorescent bulbs, and other potentially hazardous materials. The amount of hazardous materials used by these new residential uses will be typical of what is found within existing neighborhoods throughout the region. Hazardous waste disposal centers throughout the Coachella Valley, including the Burrtec Waste and Recycling Center in Palm Desert, and the household hazardous waste facility in Palm Springs, are available for residents to dispose of household hazardous waste. The General Plan Update proposes approximately 3,218,039 square feet of additional commercial uses in the City, 2,458,797 square feet of additional commercial in the Sphere of Influence, 611,408 square feet of new industrial/light manufacturing uses in the Sphere of Influence, and approximately 195 acres of new community facilities. New golf courses throughout the Planning Area may also use and store hazardous materials, such as pesticides and fertilizers. The Riverside County Department of Health is responsible for managing a list of all hazardous Zul waste generators in the County. New hazardous waste generators that locate in the Planning Area will be required to abide by Department policies, and register on the hazardous waste generator list. This list provides residents and public officials information as to where hazardous materials are located throughout La Quinta. The General Plan Update Planning Area is not located on the "Cortese" list of hazardous materials sites compiled pursuant to Government Code Section 65962.5, and managed by the California Environmental Protection Agency. The closest active hazardous materials site in the region is located on the Jacqueline Cochran Regional Airport located east of the Planning Area. Hazardous materials at this site are associated with the airport facilities, as well as historic Army and Navy uses. The Jacqueline Cochran Regional Airport is immediately adjacent to the eastern boundary of the Sphere of Influence. Eastern portions of the La Quinta Planning Area are located within the Jacqueline Cochran Airport Influence Area Zone D and E of the Compatibility Plan. The County of Riverside has prepared the Riverside County Airport Land Use Compatibility Plan, which provides policies for Airport Influence Areas for all airports in the County. New development within the eastern boundary of the Sphere of Influence will need to abide by Compatibility Plan polices and land use regulations. The General Plan Update Planning Area is also near the Bermuda Dunes airport. According to the Riverside County Airport Land Use Compatibility Plan, the far northern portions of La Quinta, including the northern Sphere of Influence, are located in Compatibility Land Use Zone E. Existing and proposed land uses within Zone E are compatible with the Bermuda Dunes Compatibility Plan. The City currently contracts with Riverside County Fire Department for emergency services, and the City's Emergency Services Division is responsible for preparing the community for natural and man made disasters and emergencies. Additional emergency services, including new police and fire services, will be required as development and population increases. In addition, the City's Emergency Services Division will need to accommodate the influx of new residents to the area. The City prepared the Emergency Operations Plan to prepare for emergencies, and has instituted the Code RED notification system to help notify the public, through telephone calls, about emergencies such as water contamination, evacuation notices, wildfires, bomb threats, hazardous spills, and other emergency situation. The City is also involved in the Community Emergency Response Team (CERT) program. The La Quinta Planning Area is situated in a Valley, along the base of the Santa Rosa and San Jacinto Mountains. Much of the western portion of the Planning 262 Area, particularly within the City, such as the Cove, is located near the urban- wildland interface. The wilderness areas that surround La Quinta, as well as other areas along the base of the Santa Rosa and San Jacinto, are made up of Granitic rock and sparse desert vegetation. The sparse desert vegetation along these mountainsides does not provide the explosive fuels needed for wildfires. The General Plan Update provides policies and programs to reduce the severity of hazards and lower risks involved with accidental release of hazardous materials or other emergencies. Findings: 1. Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, which will mitigate this impact to a less than significant level, as follows: a. The City will ensure that new generators of hazardous materials will comply with all local, state, and federal regulations, as required by law. b. The City will work with Riverside County Fire, Caltrans, CHP, and other local, state, or federal agencies to regulate the transport or hazardous materials along local roadways, state highways, and railways that run through the City or in the vicinity. c. The City shall incorporate and abide by the policies and regulations highlighted in the Jacqueline Cochran Regional Airport Master Plan and the Riverside County Airport Compatibility Land Use Plans for all new development within the Compatibility Land Use Zones of the Jacqueline Cochran Regional Airport and the Bermuda Dunes Airport. d. The City shall update the Emergency Operations Plan as necessary to address and plan for synchronized response to potential emergencies including release or spills of hazardous materials. Hydrology Implementation of the proposed General Plan will facilitate urban development that will result in an increase in impervious surfaces, such as roadways, sidewalks, and parking lots. Water that would have been absorbed into the ground will runoff to downstream areas. The City and CVWD have worked proactively. to protect developed areas in the City from flood hazards. Currently, no habitable developed areas in the City are within a FEMA Special Flood Hazard Zone. However, localized flooding can still occur in some areas, primarily where storm drains are not adequately sized or temporary retention facilities are not present. Substantial areas in the City are zoned by FEMA as having potential to flood during a storm stronger than the 100-year event, or subject to shallow flooding during a 100-year storm. The Planning Area may be susceptible to flooding if water reservoirs or water retention structures or facilities should fail. The Planning area is not located downstream of any State -regulated dam, or within a dam inundation area as identified by the Division of Dam Safety. The City and Sphere are traversed by the Coachella Valley Stormwater Channel, which is protected in many areas by a system of sand levees. These have potential for seismic settlement or liquefaction, especially in the event of strong ground shaking or long periods of rain. Earthquakes can also create seiche conditions within open waterbodies, such as Lake Cahuilla, canals, reservoirs and catch basins. The sloshing movement of water within containment structures can damage them, and water may overtop, potentially inundating areas down slope. There is potential for the regional domestic water system to be damaged and potentially unusable for a period of greater than 30 days in the event of a large- scale earthquake. The Coachella Valley Water District has indicated that the water storage tanks in the area are built to current seismic standards. Future development within the Planning Area may be subject to localized flooding risks, especially where flood hazard mapping is incomplete. The General Plan includes a range of policies intended to reduce these risks, including enforcement of existing County and City ordinances that address hazards and floodplain regulations; updating hazards mapping regularly; and public education about flood hazards. Project developers and property owners are encouraged to implement site design and other means to avoid or reduce risks to personal property, including structures. Findings: 1. Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, which will mitigate this impact to a less than significant level, as follows: a. The City shall continue to encourage project developers to use engineering and design techniques that minimize the potential for the occurrence of inundation, including seismically induced inundation. b. The City shall continue to coordinate with the Coachella Valley Water District to monitor the structural safety of the levees around Lake 284 Cahuilla and along the Coachella Valley Stormwater Channel within the City. c. The City shall continue to coordinate with the Coachella Valley Water District to monitor the structural integrity of above -ground water tanks and reservoirs, and where needed, to implement bracing techniques to minimize potential structural damage and/or failure. d. The City shall coordinate and cooperate with the Coachella Valley Water District in the filing of FEMA applications to amend the Flood Insurance Rate Maps, as necessary. e. The City shall continue to coordinate with CVWD to assure the adequate inspection of bridge crossings for scour damage during and after significant flooding events, and shall coordinate with the appropriate state agencies to participate in the state's bridge scour inventory and evaluation program. Noise There are approximately 24 roadway segments in the Planning Area that currently experience noise levels greater than 65 dBA CNEL at 100 feet from the centerline under existing conditions. Future noise levels along roadways throughout the Planning Area are expected to increase with implementation of the General Plan Update. Approximately 55 roadway segments are expected to experience noise levels greater than 65 dBA CNEL at 100 feet from centerline in year 2035 at build out of the General Plan. The greatest increase in noise level will only cause a 1.4 dBA CNEL increase compared to the 2002 General Plan. This small increase in noise level will be barely perceptible to the human ear. Therefore, there will not be a substantial increase in future permanent noise levels as a result of the General Plan Update compared to the Existing Network. Future increases in activity associated with commercial and industrial development, including loading dock operations and noises associated with stationary equipment, will also likely increase permanent noise levels. These land uses are required to comply with exterior noise levels set forth in the City's Noise Ordinance. The City of La Quinta has adopted exterior noise standards in Section 9.100.210 of its Municipal Code, which establishes base ambient noise level limits for noise sensitive and other nonresidential zones according to time of day. Municipal Code Section 9.100.220 also provides standards for ground -borne vibrations and noises. In addition Section 6.08.050 provides limited hours for construction to alleviate construction noise. The City's exterior noise standards for various land uses are 1.6... 285 consistent with those set forth by the State of California in its "Land Use Compatibility for Community Environments" matrix. Findings: 1. Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, which will mitigate this impact to a less than significant level, as follows: a. The City shall continue to maintain and enforce noise standards provided by the Municipal Code to ensure that noise impacts throughout the General Plan area are maintained at acceptable levels. b. The City shall continue to ensure that interior noise levels for residential development do not exceed 45 dBA by requiring that all project designs comply with Title 25 (California Noise Insulation Standards). c. Acoustical studies shall be required in conjunction with entitlement applications for sensitive receptor projects proposed adjacent to roadways shown in Table III-34. The study shall analyze noise levels within the proposed project, and include mitigation measures to assure that the exterior noise levels meet the City's standards. d. The City shall require acoustical studies for all commercial and industrial projects that are proposed adjacent to residential land uses or land use designations. The acoustical analysis shall evaluate potential noise impacts of the project and provide mitigation measures that are adequate to meet the City's noise standards for residential land uses. e. Sensitive receptors, which include schools, libraries and hospitals, shall, to the greatest extent feasible, be located away from major noise generators. f. The City shall continue to implement a planning area -wide circulation pattern that loads primary traffic onto major arterials in order to limit local roadway traffic to the greatest extent feasible and thereby preserve local neighborhood noise environments. g. The City shall evaluate and monitor noise impacts associated with the addition of new bus routes, including bus stops near noise sensitive uses, located along collector and local roads. h. The City shall evaluate and monitor noise impacts associated with new truck routes proposed throughout the Planning Area, and 286 discourage new truck routes along roadway segments near sensitive land uses. L All fixed and mobile construction equipment operating in the Planning Area shall be equipped with properly operating and well -maintained mufflers to limit noise emissions. Stationary construction equipment shall be placed away from sensitive noise receptors. j. New construction site staging areas, stockpiling, earth moving activities, and hauling routes should be situated away from sensitive noise land uses to the greatest extent possible. k. All construction activities shall comply with the City of La Quinta Municipal Code Section 6.08.050. I. Ground -borne vibration activities shall be conducted in compliance with the City of La Quinta Municipal Code Section 9.100.220. m. Appropriate sound barriers shall surround all commercial, industrial and public facilities located adjacent to sensitive land uses. n. Outdoor equipment such as cooling towers, air cooled condensers and refrigeration compressors and/or condenser units, as well as at air intake and discharge openings for building ventilation systems, shall be provided with silencers and/or barriers at or surrounding them, where necessary. o. Truck deliveries to commercial and industrial areas adjacent to sensitive land uses shall be limited to daylight hours, or shall provide noise mitigation measures to reduce noise impacts. Population and Housing The La Quinta General Plan Update has the potential to result in the development of up to 53,103 residential units, which could support a population of 134,352 people. Implementation of the General Plan Update is not expected to substantially induce growth within City limits. However, the proposed development within the Sphere of influence has the potential to increase the population by 80% compared with that permitted under current County land use and zoning designations. Thus, the proposed General Plan Update has the, potential to result in significant impacts to population and housing from growth inducing development within the Sphere of Influence. The General Plan includes policies and programs requiring the preparation of a Master Plan to address long term growth in this area, prior to annexation to the City. .4- 287 Findings: 1. Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, which will mitigate this impact to a less than significant level, as follows: a. A Master Plan of Development shall be prepared for the Vista Santa Rosa area. Development within this area shall be subject to policies set forth in the said Master Plan. Public Services & Utilities Public Schools New development in the planning area will occur over time, and student populations are also expected to increase gradually. CVUSD and DSUSD will continue to receive developer's impacts fees for residential, commercial and industrial development. These measures are expected to minimize impacts to CVUSD and DSUSD schools. However, schools in both districts are currently operating at or beyond capacity, and new facilities will be needed to serve the build out student population in the Planning Area. Libraries The City assesses Developer Impact Fees (DIF) on residential development for library services and facilities. Currently, fees are assessed at $355 for single-family detached units, $266 for single-family attached units, and $348 for multi -family units. These are one-time fees assessed when new units are constructed. Based on these fees, new residential development in the City limits could generate up to approximately $2.86 million in library fees; an additional $7.35 million could be generated in the Sphere. In total, new residential development in the planning area is expected to generate approximately $10.21 million in library development fees. The City's DIF schedule is reviewed on a regular basis and is likely to increase over the course of General Plan build out. These fees have been developed based on a rational nexus, and will therefore be sufficient to accommodate growth through General Plan build out. Law Enforcement and Fire Protection At build out, the City and Sphere of Influence are expected to have a total population of 134,352. Based on the Riverside County staffing ratio, the build out population would require 134 sworn police officers. This is an increase of 78 sworn officers as compared with current staffing levels, which represents a substantial additional demand for police protection and associated equipment and patrol vehicles. Increases in cost to the City could be significant. Demand will increase gradually, and revenues to the City are also expected to occur as the General Plan builds out. Demand for police protection will depend on actual development in the future. Implementation of the General Plan Update and the increase in population in the General Plan Planning Area is expected to result in an increase in demand for fire protection services. The need for additional services will be determined as the Planning Area develops; additional staff, equipment and vehicles, and fire stations will be needed. The potential cost to the City may be substantial and on -going monitoring and evaluation of the need for additional facilities and staff will be necessary throughout build out. The County Fire Department evaluates specific development proposals based on their potential to demand additional fire department facilities and staffing, It is expected that as the General Plan Area builds out, new "standards of cover" developed in association with the Department's Strategic Plan will be applied to new development. Future development will continue to be subject to Fire Department review and new fire facilities will be constructed as needed to ensure adequate provision of fire protection services in the Planning Area. The City previously considered several potential annexation proposals. These proposals included fiscal analyses relating to the availability and cost of the provision of services in the Sphere, including law enforcement and fire protection. These analyses found that in the eastern Sphere in particular, lands have been encumbered by the County as collateral for a regional bond issue. As a result, there will be no property tax generation to the City from these lands for a number of years. The fiscal analysis concluded that annexation of property in the Sphere would have a negative fiscal impact on the City. At the time of the analysis, a per unit mitigation fee was considered, but the proposed annexations did not proceed, and the mitigation program was not implemented. The costs associated with annexation to the City, however, still exist, and will remain an issue as annexation proposals occur in the future. The General Plan includes policies that require both the preparation of fiscal impact analyses for annexation proposals, and a Development Agreement in association with annexation. The Development Agreement would establish the parameters for development, and would include mitigation fee payments for projects that are fiscally negative for the City. These Development Agreements would eliminate the potential fiscal impacts to the City in providing fire protection services to newly annexed lands. w. 289 Electricity Estimates of annual electrical demand for General Plan build out are based on the annual usage rates shown above. These rates applied to the proposed General Plan land uses at build out will result in electrical consumption of 1,645,145,600 kilowatt-hours per year (kwh/year). Single family residential uses will account for 791,924,912 kwh/year of this amount, while multi -family uses will account for 101,224,748 kwh/year. Commercial uses will consume 716,607,636 kwh/year, and industrial development will use 35,388,304 kwh/year. Increased demand for electricity associated with implementation of the General Plan will contribute to the regional demand for electricity. The City is completing a Greenhouse Gas Reduction Plan as part of the General Plan Update. The Reduction Plan includes measures to reduce energy use. In addition, the General Plan's Sustainable Community Element includes policies for resource conservation, including energy conservation for development projects in the City. Natural Gas At build out, single-family units will use approximately 1,371,560,392 cubic feet of natural gas per year (cf/year), and multi -family units will use approximately 175,314,418 cf/year. For commercial and industrial uses, consumption will be approximately 658,912,550 cf/year and 32,539,142 cf/year, respectively. At build out, all development in the General Plan Planning Area is expected to consume approximately 2,238,326,502 cubic feet per year. A variety of factors will determine actual natural gas consumption, including future levels of development, individual project designs, and the effectiveness of energy -conserving measures. Southern California Gas Company has developed a rate structure that provides for facilities' expansion. Therefore, impacts are not expected to be significant impact and no mitigation measures are required. Domestic Water Services The proposed General Plan will result in increased water demand associated with development, such as residential, commercial, and industrial, as well as open space amenities, street rights -of -way and others. Build out of the proposed General Plan Update is expected to result in an annual water demand of 54,467 acre-feet. The General Plan will facilitate development that will cumulatively increase impacts to groundwater supplies in the region. The amount of potable groundwater in storage will also be reduced. Development in the region will occur gradually, as will impacts to groundwater supplies. As described in the Water Quality and Resources section of the EIR (III-P), the City and CVWD have implemented, and will continue 290 to implement water conservation measures (please also see Water Quality and Resources, below). Wastewater Collection and Treatment Implementation of the General Plan will facilitate development that will increase demand on existing wastewater collection and treatment facilities. It is expected that, at build out, the City of La Quinta will generate approximately 4.4 million gallons per day of wastewater. Wastewater generation in the Sphere is estimated to generate approximately 3.0 million gallons of wastewater per day at build out. Total wastewater generation in the Planning Area at build out is projected to be approximately 7.4 million gpd, which is an increase of approximately 3.1 million gallons over estimated 2010 conditions. This level of wastewater generation is substantial; however it will not exceed the combined treatment capacity at the CVWD treatment plants serving the Planning Area. As future development occurs, existing facilities may need to be expanded to build out capacity to accommodate wastewater generation. As required by General Plan policies, the City and CVWD will have an opportunity to plan for increased development, including construction of new sewer collection facilities and increased treatment capacity. Nevertheless, growth trends will need to be monitored to ensure that adequate wastewater treatment facilities are provided to serve the Planning Area. Solid Waste Management At build out, implementation of the General Plan is expected to result in approximately 53,103 dwelling units. Of these, approximately 46,866 will be single-family units, and approximately 6,236 will be multi -family units. Up to approximately 12,364,631 square feet of commercial development, which is assumed to be primarily retail uses, and 611,408 square feet of industrial development will also be constructed. Based on this level of development, approximately 139,181 tons of solid waste would be generated per year. On a daily basis, this equates to 381 tons of solid waste. There are no proposed land uses that are expected to generate large quantities of solid waste or create conditions where significant hazardous wastes are produced. Development facilitated by the General Plan will nonetheless result in increased volumes of solid waste generation. Therefore, the City and Burrtec will need to continue to monitor these levels to ensure that disposal of solid and hazardous wastes generated in the Planning is safe and cost-effective. 291 Public Transportation services Implementation of the proposed General Plan is expected to increase the demand for public transportation services. The General Plan includes policies that will assure coordination with SunLine Transit Agency for the expansion of service to meet the demand created by new development. Findings: 1. Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, which will mitigate this impact to a less than significant level, as follows: a. Developers shall continue to be assessed statutory school mitigation fees for residential and commercial development. b. All new development projects shall be subject to Police Department review to assure that the Department can provide adequate police protection. c. The City shall monitor City population and Police Department staffing levels to ensure the provision of police protection services at sufficient levels. d. The City and Riverside County Fire Department shall continue to confer and coordinate to ensure that facilities and services are expanded in a timely manner. e. The City shall plan for siting of industrial facilities that store hazardous, flammable or explosive materials so as to assure the highest level of safety in strict conformance with Uniform Fire Code and other applicable codes and regulations. f. The Riverside County Fire Department shall continue to review and evaluate new development proposals and project plans to make certain that it can provide adequate fire protection. g. The City and Coachella Valley Water District shall review and evaluate all future development projects for their potential impact on local groundwater supplies. h. The City shall continue to require the use of drought tolerant landscaping in new and rehabilitated public and private development, and shall encourage its use in existing development. 292 Future development shall be required to conform to standards set forth in Section 17921.3 of the Health and Safety Code, Title 20, California Administrative Code Section 1601(b), and applicable sections of Title 24 of the State Code. Measures set forth in these statutes include the installation of low -flow showerheads and faucets and low -flush toilets in all new construction. j. To the greatest extent practicable, the City shall require that all new development be connected to sanitary sewer service. k. The City shall ensure coordination with the Coachella Valley Water District and to assure that existing and future extended sanitary sewer facilities are adequate to meet the needs of existing and expected future development. The City and Coachella Valley Water District should encourage the replacement of existing septic systems with connection to sanitary sewer facilities to the greatest extent feasible. m. The City shall continue to consult and coordinate with Burrtec to sustain and exceed the provisions of AB 939 and AB 341 where possible through expanding its recycling programs and divert resources from the waste stream for return to productive use. n. Commercial and industrial establishments shall be required to comply with State mandates established under AB 341 to reduce the amount of packaging and potential waste associated with product manufacturing and sales. o. The City and Burrtec shall continue to include recycling provisions for single-family and multi -family residential dwelling units in their solid waste disposal contracts. p. Prior to the issuance of building permits, the City shall continue to refer project developers to Burrtec for development of construction and demolition solid waste recycling plans to divert a minimum of 50% of C&D debris from the waste stream. q. The City of La Quinta shall continue to coordinate with SunLine Transportation Agency to establish new bus stop locations and facilities as demands warrant. + 293 Water Resources and Quality At build out, the proposed General Plan will result in 53,103 dwelling units, and a population of approximately 134,352 persons. New commercial, industrial, public facilities and other types of development will also occur as a result of implementation of the proposed General Plan. The proposed Land Use Plan for the General Plan would result in less overall development as compared with the previous General Plan. The build out water demands for the La Quinta Planning Area are estimated to be 54,467 acre-feet per year, consisting of 37,783 acre-feet within City limits and 16,684 acre-feet within the Sphere of Influence. There is a variety of state and regional mandates in place intended to reduce urban water consumption over the next several decades. As previously noted, new state requirements mandate a 10% reduction in per capita urban water use by year 2015, and 20% reduction by year 2020. The CVWD water efficient landscape ordinance, on which the City ordinance is based, requires that outdoor water use by new development be reduced by 25% over mandated state levels. Further, the CVWD Draft WMP requires that golf course users with access to canal or recycled water convert at least 90% of their irrigation water use to those sources by 2015. Increasing demands on water supplies in the General Plan Area require the implementation of short and long-term water conservation efforts to ensure the continued availability of this resource. Reduction in per capita consumption as well as water -efficient landscaping design and management are among the best conservation opportunities. Findings: 1. Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, which will mitigate this impact to a less than significant level, as follows: a. The City shall coordinate and cooperate with CVWD to ensure City- wide compliance with State Senate Bill X 7-7 by implementing policies to reduce per capita urban water use by 10% by year 2015, and 20% reduction by year 2020, including landscaping conversion programs and the smart irrigation control program; expanding the availability of sustainable water supplies such as tertiary treated water, and encouraging its use for landscape irrigation purposes, especially for irrigating golf courses and other large landscaped areas. b. The City should review and amend its Development Standards to require all new development demonstrate a reduction of domestic 294 water consumption equivalent to the CalGreen Tier One standards in effect at the time of development. c. The City shall continue to implement its Water Efficient Landscape ordinance by requiring that City and private sector development projects implement water efficient landscaping plans to meet or exceed current water efficiency standards. d. The City shall require that new development reduce its projected water consumption over "business as usual" consumption rates. e. In conjunction with the Coachella Valley Water District as well as independently, the City shall develop programs to allow and encourage the retrofitting of existing water intensive appliances and irrigation systems in existing development. f. The City and Coachella Valley Water District shall review future development proposals that propose to convert agricultural uses to urban development to ensure that non -potable water is used for irrigation purposes, and that new irrigation systems utilize existing agricultural drainage and irrigation water delivery facilities to the greatest extent feasible. g. The City shall continue to require that all new developments use water conserving appliances and fixtures, including low -flush toilets and low - flow showerheads and faucets, as well as the application of water - conserving technologies in conformance with Section 17921.3 of the Health and Safety Code, Title 20, California Administrative Code Section 1601(b), and applicable sections of Title 24 of the State Code. h. The City shall, prior to approval of development plans, require that qualifying future development in the General Plan Area have an adopted Water Supply Assessment in compliance with AB 610 and 221. To the greatest extent practicable, the City shall require new development to connect to the community sanitary sewer system. j. The City shall review and amend its Development Standards and Review Procedures to ensure coordination with the Coachella Valley Water District and to assure that existing sewer service along with the extension of sewer service is capable of meeting the needs of current and future development. .4 295 k. To the greatest extent feasible, the City shall coordinate with the Coachella Valley Water District to encourage the elimination of septic systems where they occur within the City. E. SIGNIFICANT ENVIRONMENTAL IMPACTS WHICH CANNOT BE AVOIDED IF THE PROJECT IS IMPLEMENTED Air Quality Impacts Implementation of the General Plan Update will result in significant air quality impacts in the La Quinta Planning Area. Air pollutants will be generated from a variety of activities, including grading and construction, vehicle emissions, and daily operations. Emissions generated by vehicular traffic are projected to be the greatest source of air pollutants. The use of natural gas and electricity for operation of existing and new buildings and structures will also result in the emission of air pollutants. Construction Emissions Air quality emissions from construction activities will occur as a result of new development within the City limits and Sphere of Influence. As discussed in Section III of the EIR, emissions from construction within the City are projected.to remain below established thresholds for all criteria pollutants expect for NOx and ROG. Approximately 122 pounds per day of NOx and 818 pounds per day of ROG are expected even with the implementation of mitigation measures. This is well above the 75 pound per day threshold established by SCAQMD. As such air quality emissions from NOx and ROG's during construction activities within City limits have the potential to result in significant and unavoidable impacts. Construction related air quality emissions from the development of lands within the Sphere of Influence are projected to exceed established daily thresholds for NOx and ROG, even with implementation of mitigation measures. As shown in Section III of the EIR, approximately 104 pounds per day of NOx, and 697 pounds per day of ROG have the potential to occur during construction activities. This is above the SCAQMD thresholds of 100 pounds per day for NOx, and 75 pound per day for ROG. Air quality emissions from NOx and ROG during construction activities within the Sphere of Influence have the potential to result in significant and unavoidable impacts. Air pollutant emissions from construction activities are temporary and will end once construction is complete. Nonetheless, during construction activities and assuming simultaneous construction of vacant lands within the Planning Area, the proposed General Plan Update has the potential to result in a cumulatively considerable net increase of NOx and ROG. Should construction activities in the City and Sphere occur simultaneously at the rates assumed in Section III, emissions of PM2.5 and '�. 296 PM10 will also exceed thresholds of significance, at 261 and 58 pounds per day, respectively. Projections of these criteria pollutants exceed established daily thresholds and have the potential to result in significant and unavoidable impacts for these criteria pollutants. Operation Emissions For operational activities associated with build out of the General Plan, air quality emissions have the potential to result in a cumulatively considerable net increase of all six criteria pollutants, including CO, NOx, SOx, PM10, PM2.5, and ROG, as well as greenhouse gas emissions. Emissions of air quality pollutants from operation include the use of electricity and natural gas, as well as area source and moving source emissions. Projections of these pollutants exceed established daily thresholds and have the potential to result in significant and unavoidable impacts. Emission from the consumption of electricity will primarily occur elsewhere, where electricity is generated. As such, the Planning Area will be indirectly impacted by these emissions. Nonetheless, the Planning Area is responsible for generating the electricity demand. While it is expected that the electricity grid mix will incorporate more renewables in future years, the use of coal and natural gas fired power plant will contribute significant emissions generated by the onsite energy demand. Natural gas generation facilities and onsite use of natural gas for cooking, heating, and other uses will result in significant impacts. Although some of these emissions may not occur within the Planning Area, as no such generating facilities exist within the planning area, the emission projections result in a considerable increase, with significant impacts. While implementation of the proposed mitigation measures and Greenhouse Gas Reduction Plan may be effective in substantially reducing emissions to levels below significance for certain sectors, emissions from moving sources will remain significant and are unavoidable. The City has varying levels of control over the avoidance of emissions. Although the EIR sets forth all feasible mitigation measures and a comprehensive Greenhouse Gas Reduction Plan has been prepared, air quality emissions may remain significant and unavoidable. Regardless of mitigation measures, development of the General Plan will contribute to cumulative air quality impacts locally and regionally. Although emissions can be mitigated to a certain degree, significant and unavoidable impacts to air quality, including greenhouse gas emissions, will occur as a result of development of the General Plan. 291 Findings: 1. Changes and other measures have been made in or incorporated into the plan, or are otherwise required for subsequent environmental review, which will partially mitigate to the extent feasible this significant impact, including the following: a. The City of La Quinta shall adopt and implement a comprehensive Greenhouse Gas Reduction Plan that is consistent with targeted reductions set forth by the State. b. As feasible, the newest model heavy-duty construction equipment shall be utilized for construction activities. The construction equipment fleet shall be updated to include the latest models; older equipment shall be phased out. c. To reduce fugitive dust during construction activities, trucks leaving development sites should be washed off; haul trucks should maintain 2 feet of freeboard or be covered; equipment should be properly tuned and maintained; and low sulfur fuels should be uspd for construction equipment. Effective fugitive dust control measures can substantially reduce emissions as shown in the Table below. Table 1 Air Quality Control Methods PM10 PM2.5 NOx Apply Soil Stabilizers to Inactive 84% Areas 84% Replace Ground Cover in Disturbed 5% Areas 5 % Water Exposed Surfaces 3 Times 61 % Daily 61 % Reduce speeds on unpaved roads 44% 44% Use of aqueous diesel fuel 50% 50% 15% Use of Diesel Particulate Filter 85% 85% 15 %- Use of Diesel Oxidation Catalyst' 40% Source: Urban Emissions Model (URBEMIS2007) version 9.2.4. 1. Emission reductions vary depending on equipment type. d. To reduce construction -related traffic congestion, developers and contractors shall configure construction parking to minimize traffic interference, provide a flag person to ensure safety at construction sites, as necessary, designate onsite travel routes to minimize impacts 298 to nearby land uses, and schedule operations affecting roadways for off-peak hours, as practical. e. Construction equipment shall be staged in locations that minimize impacts to nearby receptors. f. La Quinta shall continue to coordinate with CVAG and SCAQMD regarding the implementation of local and regional air quality programs. g. Landscaping designs shall consider the use of trees and other vegetation to maximize the shading of buildings in order to reduce energy requirements for heating and cooling and provide carbon storage. h. Desert landscaping techniques shall be utilized, including the use of automated water efficient irrigation systems and devices. i. Smart scalping practices shall be encouraged to minimize fugitive dust emissions and reduce water demands. j. Building designs shall strive to exceed Title 24 requirements or achieve LEED or Energy Star standard equivalence ratings or better; buildings shall be equipped with energy efficient and water conserving appliances and fixtures; building design shall include natural lighting and ventilation; and light colored "cool" roofs and cool pavement shall be utilized. k. New buildings and substantial remodels including new roofs, should be designed to accommodate rooftop photovoltaic or above parking solar. I. Recycling and composting facilities and programs shall be readily available for all new and existing land uses and every effort shall be made to divert the landfill waste stream. m. Utilize educational programs and demonstration gardens to inform the public and businesses of energy and water efficient techniques and sustainable practices. n. Promote the use of electric vehicles and alternative modes of transport by providing safe and convenient bicycle, scooter and other non - motorized transport travel lanes, and parking, as well as preferential plug-in stations for electric vehicle parking. o. In designing and expanding travel corridors provide for pedestrian and bicycle paths that interconnect to commercial, recreational, and institutional land uses. 2y� p. Assure all new development has safe and convenient access to public transit routes that include seated, shaded bus stop areas. q. Incorporate recreational open space adjacent to or as part of residential land uses. r. Expand and coordinate a Valley wide signal synchronization system within city limits and adjacent jurisdictions. s. Work with CVAG, SCAG and regional transit authorities to work towards more efficient, region wide travel options. 2. Most significant environmental effects that can feasibly be avoided have been substantially reduced by virtue of mitigation measures in the Final EIR or otherwise incorporated into the plan as described in "1" above. 3. The remaining unavoidable significant effects are acceptable when balanced against the facts set forth in the Statement of Overriding Considerations, giving greater weight to the remaining unavoidable significant effect. Traffic Impacts The consequences of General Plan build out have been evaluated for the 63 major roadway segments and 37 intersections. Based on this analysis, the proposed General Plan is projected to generate a total of approximately 635,905 average daily trips. Of these, 449,489 ADT would be generated within the City's corporate limits and 186,416 would be generated in the Sphere of Influence. Within the City's corporate limits, the proposed Land Use Plan will generate about 3.6% more traffic than build out of the 2002 General Plan. Within the City's Sphere, the proposed Land Use Plan will generate about 34% more traffic than the analysis for the 2002 General Plan anticipated, due primarily to changes in modeling techniques and land uses surrounding the Sphere. The majority of the roadway segments are forecast to operate at acceptable levels of service (V/C ratios less than or equal to 0.90 or LOS D or better). Three segments are projected to operate at LOS E and three at LOD F at 2035 build out. • Washington Street segments between Avenue 42 and Miles Avenue and between Highway 111 and Eisenhower Drive (6-lane Major Arterial) are forecast to exceed theoretical maximum carrying capacity by up to 3,000 VPD with the most problematic segment between Fred Waring Drive and Miles Avenue. LOS D service volumes are exceeded by over 9,000 VPD. 3A • Madison Street between Avenue 54 and Airport Boulevard (4-lane Primary Arterial) is forecast to exceed theoretical maximum carrying capacity by approximately 4,900 VPD. LOS D service volumes are exceeded by over 9,000 VPD. • Harrison Street between Airport Boulevard and Avenue 58 (8-lane Augmented Major) is forecast to exceed theoretical maximum carrying capacity by approximately 3,800 VPD. Although the capacity of Harrison Street was assumed to be that of an Augmented Major Road (76,000 vehicles per day), it would likely operate as an Expressway due to limited accessibility compared to an Augmented Major Road, thus carrying a larger capacity. Prior study by the County raised the potential of grade -separated intersections to further enhance capacity. Of the 37 intersections analyzed, the following four are not expected to be able to accommodate all the required build out improvements and therefore have the potential to be operating at unacceptable levels of service by 2035 General Plan build out: • Washington Street @ Fred Waring Drive; • Adams Street @ Miles Avenue; • Jefferson Street @ Highway 111; • Madison Street @ Avenue 50. It should also be noted that three of the four impacted intersections are shared between more than one jurisdiction. For instance, the Washington Street/Fred Waring Drive intersection is located within the corporate boundaries of the cities of La Quinta, Palm Desert and Indian Wells. In these cases, close and on -going coordination between cities will be necessary to provide optimum intersection improvements and to otherwise address forecast operational deficiencies. However, even with the implementation of feasible mitigation measures, impacts will be significant and unavoidable. Findings: 1. Changes and other measures have been made in or incorporated into the plan, or are otherwise required for subsequent environmental review, which will partially mitigate to the extent feasible this significant impact, including the following: a. Transportation Demand Management: To the greatest extent practicable, the City will implement TDM strategies in both land use and transportation planning. TDM programs are designed to put more person trips into fewer vehicles, by increasing vehicle occupancy or 301 car-pooling, vanpools, and transit ridership. TDM is also integral to integrated land management consistent with SB 375 and also includes planning efforts that increase the use of bicycling, golf carts and neighborhood electric vehicles (NEVs), as well as increased pedestrian modes of travel. The effectiveness of TDM strategies depends on their levels of application. b. Transportation Systems Management: To the greatest extent practicable, the City will implement TSM strategies in transportation planning. TSM programs and projects are designed to support travelers with real time travel information so that they can make smart travel choices in selection of time, mode and routes of travel. TSM projects can also offer Intelligent Transportation Systems (ITS) projects for the most efficient traffic signal coordination and for informing motorists of routes around traffic congestion that may result from special events and traffic incidents. TSM programs are very effective when integrated into planned major events, such as scheduled music and art festivals, golf or tennis matches, and other special events that generate significant amounts of event traffic. c. Commit to ongoing funding and operations of intelligent transportation systems management, as described above, to: i. Deliver traffic signal coordination along corridors in "real time" to optimize the progression of vehicles at the most efficient travel speeds; ii. ' Operate Transit Signal Priority at signals along major transit routes to optimize traffic flow; iii. Operate Dynamic Message Signs to route traffic around congestion/to available parking during peak periods and planned events. d. Continue with the City's established minimum driveway spacing and access restrictions; e. Construct median islands with minimum opening spacing; and/or; f. Add bus turnouts at bus stops along major transit routes. g. Washington Street Roadway Segment Deficiencies: The application of Transportation Demand Management (TDM) and Transportation Systems Management (TSM) strategies will effectively reduce peak hour traffic volumes along this segment, but it may still operate at 302 unacceptable levels of service (LOS E or F) during peak hour upon General Plan build out. Therefore, potential impacts may not be fully mitigated below levels of significance. h. Madison Street Roadway Segment Deficiency: The General Plan traffic analysis identified a segment deficiency on Madison Street between Airport Boulevard (Ave 56) and Avenue 54. There is some question whether this level of impacts will actually occur. Nonetheless, mitigation measures include the application of TDM and TSM strategies to reduce peak hour traffic volumes along this segment. It may still operate at unacceptable levels of service (LOS E or F) during peak hour upon General Plan build out. Therefore, potential impacts may not be fully mitigated below levels of significance. i.. Harrison Street Roadway Segment Deficiency: As an 8-lane Augmented Major Arterial, Harrison Street between Airport Boulevard (Ave 56) and Avenue 58 is forecast to exceed theoretical maximum carrying capacity by approximately 3,800 VPD. Harrison Street is assumed to function as an Augmented Major Road (76,000 vehicles per day), and would likely operate as an Expressway due to limited accessibility. Application of TDM and TSM strategies will help reduce peak hour traffic volumes along this segment but it may still operate at unacceptable levels of service (LOS E or F) during peak hour upon General Plan build out. Therefore, potential impacts may not be fully mitigated below levels of significance. Washington Street @ Fred Waring Drive: Two approaches to achieving acceptable intersection operations may be combinations of 1) street widening, and 2) TSM/TDM measures. The application of TSM/TDM will depend on the extent of widening that is determined to be feasible, as presented below: Intersection Widening 1. City of La Quinta jurisdiction widening could add a third northbound left -turn lane and a fourth northbound through lane. This would improve AM peak hour conditions to LOS E. The PM peak hour conditions would remain at LOS F but the average intersection delay would be reduced by 38 seconds per signal cycle. 2. Coordinate with the City of Palm Desert to consider the potential for improvements in the northwest intersection quadrant, specifically the adding of a fourth southbound through lane, a fourth westbound through lane, and a westbound right- ... 3. 4. 5 turn overlap phase. With construction of these added to the widening recommended in the City of La Quinta, PM peak hour conditions would remain at LOS F but the average intersection delay would be reduced by an additional 20 seconds. The City of Palm Desert General Plan (2004) does not call for these improvements, but does call for consideration of a third northbound left -turn lane in the City of Indian Wells, which is consistent with improvements in the City of La Quinta identified above. The City of Palm Desert should be encouraged to continue to coordinate with the City of Indian Wells for construction of an eastbound free -right turn lane. Coordinate with the City of Indian Wells to consider improvements in the southwest intersection quadrant, specifically the adding of a fourth eastbound through lane and a second eastbound right -turn lane with a right -turn overlap phase. With construction of the two City of Indian Wells improvement -impacting lanes, but not assuming improvements in the City of Palm Desert, PM peak hour conditions would remain at LOS F but the average intersection delay would be reduced by an additional 26 seconds. If the recommended improvements in the Cities of La Quints, Palm Desert, and Indian Wells are all implemented, the PM peak hour conditions would be improved to LOS D operations. Implement TSM/TDM measures for trip rerouting, in addition to some of the above listed improvements that are determined feasible. a. Design and implement an Intelligent Transportation Systems (ITS) Master Plan in coordination with the cities of Palm Desert and Indian Wells, and in coordination with the Indian Wells Tennis Event Center. An ITS Plan would enable dynamic route reassignment of traffic around congestion and direct traffic to available parking through the use of Dynamic Message Signs and adaptive traffic signal control. The Plan would deliver the best access to events for attendees, and around event traffic for residents that are not attending the events. • To achieve non-event LOS E operations, and to minimize the level of impacts experienced at nearby intersections, approximately 200 northbound left -turning vehicles would need to be diverted, approximately 100 southbound left - turning vehicles would need to be diverted, and approximately 100 southbound through movement vehicles would need to be diverted. Assuming these trip diversions, the necessary roadway widening 304 improvements would be reduced to the addition of the third northbound left -turn lane (City of La Quinta), the second eastbound right -turn lane with a right -turn overlap phase (City of Indian Wells), and a fourth westbound through lane (Cities of La Quinta and Palm Desert). Therefore, the 4" northbound through lane, 41" southbound through lane, 4" eastbound through lane, and westbound right -turn overlap phase, recommended previously, would no longer be necessary. • In order to achieve non-event LOS D operations, assuming the same approximate ranges of trip diversion shown above, the addition of the fourth eastbound through lane, the westbound right -turn overlap phase, and third eastbound left -turn lane would be required. Therefore, the 4" northbound through lane and 41" southbound through lane, recommended previously, would continue to no longer be necessary. k. Adams Street @ Miles Avenue: Add a dedicated westbound right - turn lane, converting the number two through lane to a through only lane. Implementation of this improvement alone will achieve LOS E operations in the PM peak hour. Consider adding a dedicated northbound right -turn lane, converting the number two through lane to a through only lane order to achieve LOS D operations. This could impact three to four residential property yards and require relocation of power poles. This measure may not be feasible. k. Jefferson Street @ Highway 111: Coordinate with the City of Indio in optimizing future intersection improvements. To the extent practicable, add a fourth northbound through lane. Add a fourth southbound through lane. Add a third southbound left -turn lane. While the prescribed third southbound left -turn lane may be feasible, the fourth north and southbound through lanes do not appear to be. Intersection operations will benefit from TSM programs and overall TDM efforts. I. Madison Street @ Avenue 50: - Add a third northbound through lane and a dedicated right -turn lane, converting the new number three through lane to a through only lane. Add a dedicated southbound right -turn lane, converting the new number two through lanes to a through only lane. Add a westbound dedicated right -turn lane with a right -turn overlap phase, converting the new number two through lane to a through only lane. Management prescriptions include coordinating with the City of Indio to signalize this intersection. It should be noted 3u� that the City of Indio plans to maintain the planned four -lane roadway segment on Madison Street between Avenue 50 and 48. Therefore, further analysis and the application of TOM and TSM strategies are warranted. 2. Most significant environmental effects that can feasibly be avoided have been substantially reduced by virtue of mitigation measures in the Final EIR or otherwise incorporated into the plan as described in "1" above. 3. The remaining unavoidable significant effects are acceptable when balanced against the facts set forth in the Statement of Overriding Considerations, giving greater weight to the remaining unavoidable significant effect, and in view of the following fact: a. Impacts identified from the proposed General Plan are considered significant on a cumulative basis in association with other projects occurring on a local and regional scale. 306 RESOLUTION 2012- EXHIBIT "B" STATEMENT OF OVERRIDING CONSIDERATIONS The City of La Quinta hereby adopts and makes this statement of overriding considerations concerning the General Plan's unavoidable significant impacts to explain why the project's benefits override and outweigh its unavoidable impacts. CEQA requires the decision -making agency to balance the economic, legal, social, technological or other benefits of a project against its unavoidable environmental risks when determining whether to approve the project. If the benefits of the project outweigh the unavoidable adverse effects, those effects may be considered acceptable. CEQA requires the agency to provide written findings supporting the specific reasons for considering a project acceptable when significant impacts are unavoidable. Such reasons must be based on substantial evidence in the EIR or elsewhere in the administrative record. Those reasons are provided in this Statement of Overriding Considerations. The City finds that this project will create substantial benefits including enhancing the quality of life necessary to attract new residents, businesses and visitors to the City. The City finds that the project's unavoidable impacts are acceptable in light of these and other project benefits. Each benefit set forth below constitutes an overriding consideration warranting approval of the project, independent of other benefits, despite each and every unavoidable impact. Each overriding consideration identified below applies independently to each unavoidable impact. 1. Adoption of the General Plan update will provide the City with a comprehensive and cohesive statement of goals, policies, and programs upon which decisions relating to the City's current and anticipated land use needs shall be based. 2. The orderly and coordinated expansion of public services and facilities, as provided for by the proposed General Plan update, will provide for improved public health, safety and welfare and will help avoid the undesirable impacts of uncontrolled, noncontiguous development. 3. Impacts identified as significant are generally associated with normal growth and progress and would be much more severe without implementation of the proposed General Plan update. 4. Implementation of the General Plan update will further enhance the quality of life necessary to attract new residents, businesses and visitors to the City, and will generally promote increased investment and development, jobs k 30 associated with new and/or expanded construction, and the provision of public services and facilities for a larger population base, and further economic development within the City. 308 RESOLUTION 2012- EXHIBIT "C" Mitigation Monitoring and Reporting Program ..ry 309 Terra Nova/La Quints General Plan EIR LA QUINTA GENERAL PLAN MITIGATION INTRODUCTION This Mitigation Monitoring and Reporting Program California Public Resources Code Section 21081.6 15097. As stated in Public Resources Code Section 2101 ONITORING PROGRAM (MMRP) fulfills the requirements of and State CEQA Guidelines Section ,1.6(a)(1): The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of a responsible agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead agency or a responsible agency, irepare and submit a proposed reporting or monitoring program. The primary purpose of the MMRP is to ensure that the mitigation measures identified in the Final Environmental Report (EIR) are implemented to reduce or avoid identified environmental effects, and to appropriately assign mitigation responsibilities associated with the implementation of the General Plan. For each adopted mitigation measure, the MMRP • Required action; • When the action is required to be taken; • Agency or entity responsible for the action; • Agency responsible for tracking the action; • Submittal date; • Person verifying implementation; • Attachments required to verify implementation; • Comments made by verifying personnel. the following: 11 10 Terra Nova/La Quinta General Plan EIR Mitigation Monitoring Program The City has the primary responsibility for ensuring that the mitigation measures are implemented. When the General Plan is implemented, the pertinent mitigation measures will be included in the conditions of approval for the implementing projects. The Planning Director will be responsible for ensuring implementation of these mitigation measures. MITIGATION MONITORING AND REPORTING PROGRAM PROCEDURES The City's Planning Department will track and document compliance with the Project's mitigation measures, note any problems that may result, and take appropriate action to remedy problems. Specific responsibilities of the Planning Department are listed below: • Coordination of all mitigation monitoring activities; • Management of the preparation, approval and filing of monitoring or permit compliance reports; • Maintenance of records concerning the status of all approved mitigation measures; • Coordination with other agencies regarding compliance with mitigation or permit requirements; • Reviewing and recommending acceptance and certification of implementation documentation; and, • Acting as a contact for interested parties. 311 Terra Nova/La Quints General Plan EIR Mitigation Monitoring Program A. Aesthetics Impacts associated with aesthetics are expected to be less than significant, and no mitigation measures or monitoring programs are required. B. Aericultural Resources, A. New development proposals shall be reviewed by the Planning Department to assure that master planning and development proposals provide buffering between agricultural lands and urban land uses. Responsible Parties: Planning Department, Developers, Affected Landowners. B. Work with the Department of Conservation and the Farmland Mapping and Monitoring Program to update the Riverside County Important Farmlands Map to reflect new urban development and available farmland with General Plan Update Planning Area. Responsible Parties: Planning Department, Department of Conservation, County of Riverside C. Air Ouality and Greenhouse Gases A. Building and landscape plans shall be reviewed for energy efficiency and soil stabilization. Landscapers and landscape -related businesses shall be required to show proof of completion of the CVAG Landscaper Certification Source. Responsible Parties: Public Works, Engineering, Planning, and Building Departments. B. A report of air quality complaints and identified problems shall be provided in the annual review of the General Plan. ' Responsible Parties: Public Works, Code Compliance and Planning Departments, and SCAQMD. C. A report of emission reductions achieved shall be provided in the annual review of the General Plan. Responsible Parties: Planning Department and SCAQMD. D. The City shall conduct review and prepare conditions of approval for all grading and development permits, as well as required dust control plans to assure that appropriate methods and technologies are in place to minimize the emissions of pollutants from the development activities. Responsible Parties: Public Works, Engineering, Planning, and Building Departments. 3 1 it 112 Terra Nova/La Quinta General Plan EIR Mitigation Monitoring Program D. Biological Resources A. The City shall review the potential impacts of development projects on biological resources through the Initial Study review process. Where appropriate, impacts shall be clearly documented and mitigation measures recommended. Responsible Parties: Planning Department, Project Developer, Consulting Biologist. B. Prior to the issuance of occupancy permits, the City shall require that all applicable biological resource mitigation actions, including payment of Coachella Valley Multiple Species Habitat Conservation Plan mitigation fees by applicable projects, and compliance with applicable state and federal regulatory permits, shall be satisfied. Responsible Parties: Planning Department, Consulting Biologist, California Department of Fish and Game, California Regional Water Quality Control Board, U.S. Army Corps of Engineers, Project Developer. C. On an annual basis, City staff shall evaluate biological resources reference materials and update City records and inventories to ensure that resource databases are maintained in a timely and adequate manner. Responsible Parties: Planning Department, Project Developer, Consulting Biologist. D. During grading, construction and other development activities, development projects shall be monitored to ensure that grading limits are observed and that native and other appropriate landscape materials are preserved and integrated into all areas of the project in accordance with approved landscape plans. Responsible Parties: Planning Department, Project Developer, Consulting Biologist. E. Cultural Resources A. The Planning Department shall review site -specific historic, archaeological, and paleontological surveys prepared for new development projects in sensitive areas prior to entitlement of new development projects. Responsible Party: Planning Department, Project Developer, Consulting Archaeologist/Paleontologist. 313 Terra Nova/La Quinta General Plan EIR Mitigation Monitoring Program F. Geology and Soils A. During site preparation for any project, the City Engineer and/or Building and Safety Department staff shall visit the site to assure compliance with applicable conditions of approval, City ordinances, and erosion control plans. Responsible Parties: City Engineer/Public Works, Building and Safety Department, Project Developer, Grading Contractor B. Subsequent to preparation of final development plans and specifications and prior to grading and construction, the Geotechnical Consultant and/or the City Engineer shall review foundation plans to confirm compatibility with site -specific geotechnical conditions and conformance with the recommendations contained herein. The need for additional subsurface exploration shall be determined on a project -by -project basis. Responsible Parties: City Engineer/Public Works, Building and Safety Department, Geotechnical Consultant C. Rough grading shall be performed under geological and/or engineering observation by the Geotechnical Consultant and the City Engineer, accordingly, as appropriate. Responsible Parties: City Engineer/Public Works, Geotechnical Consultant G. Hazards and Hazardous Materials A. Development plans and permits for uses that use, transport, and/or store hazardous materials shall be submitted, reviewed, and regulated by proper agencies. Responsible Parties: Riverside County Fire Department, Riverside County Department of Environmental Health, Planning Department, California Certified Unified Program Agencies, California Highway Patrol, Caltrans H. Hydrology A. The City Engineer shall report to the City Council on a regular basis to ensure that local drainage plans are updated and drainage control projects are implemented. Reports shall include information regarding the status of regional drainage facilities affecting flood control in the City. Responsible Parties: City Engineer/Public Works, City Council, Coachella Valley Water District B. Prior to issuance of building permits, the City shall review and approve project -specific hydrology and hydraulic studies, Water Quality Management Plans and mitigation plans for development proposals, and shall ensure they are adequate with regard to stormwater management, on -site retention, best management practices and pollution control. 5 314 Terra Nova/La Quinta General Plan EIR Mitigation Monitoring Program Responsible Parties: City Engineer/Public Works, Project Developer 1. Land Use and Plannine No mitigation or monitoring is required. J. Mineral Resources None required. K. Noise A. The City shall periodically review land -use patterns and the community noise environment, and amend the Land Use map as appropriate to ensure reasonable land use/noise compatibility. Responsible Parties: Planning Department B. The Planning Department shall review acoustical analyses for new sensitive receptor projects located adjacent to major roadways, and commercial and industrial project located to sensitive receptors. Responsible Party: Planning Department C. The City shall work with SunLine Transit Agency to locate future bus stops and routes to ensure noise impacts to sensitive receptors are minimized. Responsible Party: Planning Department, SunLine Transit Agency L. Population and Housing A. New development proposed for the Sphere of Influence will be reviewed for consistency with the Master Plan of Development. Responsible Parties: Planning Department M. Public Services & Utilities Schools A. The City shall continue to coordinate with the Coachella Valley Unified School District and Desert Sands Unified School District to assure that statuary developer impact fees are collected. Responsible Party: Planning Department Terra Nova/La Quinta General Plan EIR Mitigation Monitoring Program Libraries No mitigation or monitoring required. Law Enforcement A. On an annual basis, the City shall evaluate response times and police activity to assure adequate protection. Responsible Parties: City Manager, Police Department Fire Protection A. Riverside County Fire Department shall review all development plans prior to issuance of building permits to ensure that development complies with City and Fire Department standards. Responsible Parties: Planning Department, Riverside County Fire Department Electricity No mitigation or monitoring required. Natural Gas No mitigation or monitoring required. Domestic Water Services A. All development proposals shall be reviewed by the Planning Department and the City Engineer for their potential to result in adverse impacts to water quality and quantity. The City shall require that any potential significant impacts be mitigated prior to project approval. Responsible Parties: Planning Department, City Engineer/Public Works, Coachella Valley Water District Wastewater Collection and Treatment A. The City Planning and Public Works Departments shall confer and consult with Coachella Valley Water District to implement City-wide wastewater collection and treatment facilities and service. Responsible Parties: Planning Department, Public Works Department, Coachella Valley Water District 7 316 Terra Nova/La Quinta General Plan EIR Mitigation Monitoring Program B. All development proposals for future development shall be reviewed by the Planning and Public Works Departments to ensure connection with sanitary sewer services. Responsible Parties: Planning Department, Public Works Department, Coachella Valley Water District Solid Waste Management A. Prior to the issuance of building permits, the City Planning and Building and Safety Departments shall review project development plans and confer and coordinate with project developers to assure the provision and maintenance of recycling containers that correspond with current City programs and those planned in the future, including those for construction and demolition solid waste. Responsible Parties: Planning Department, Building and Safety Department, Burrtec Waste and Recycling Services, LLC. Public Transportation Services No monitoring required. N. Recreational Resources No mitigation or monitoring required. O. Transportation/Traffic A. The City shall review and update the master plan of roads, including standards for ultimate rights -of -way and pavement width, and update Capital Improvement Programs (CIP) to ensure the timely securing of rights -of -way and construction of improvements consistent with the projected needs and standards set forth in the Circulation Element and Program EIR. Responsible Parties: City Council, Planning Department, Public Works Department B. The City shall establish and maintain ongoing consultation and coordination with planning and engineering staffs of adjoining cities and transportation planning agencies to study and implement effective means of preserving and improving capacity along major roadways. Coordination efforts may include synchronized signalization, consolidation of access drives and restriction of access, construction of additional travel and turning lanes, raised median islands, and improvements to critical intersections. Responsible Parties: Public Works Department, Planning Department, Adjoining Cities, CVAG, Riverside County, Caltrans 311 Terra Nova/La Quinta General Plan EIR Mitigation Monitoring Program C. The City shall periodically evaluate the operating conditions at each of the constrained intersections, and shall make recommendations to responsible agencies regarding needed improvements. Responsible Parties: Public Works Department, Planning Department, Caltrans, Riverside County, CVAG D. The City shall pro -actively consult and coordinate with CVAG, SCAG and Caltrans and represent the City in transportation planning meetings to assure that City policies, programs and strategies are given full consideration in resolving regional transportation issues affecting the community. Responsible Parties: City Council, Planning Department, Public Works Department, CVAG, SCAG, Caltrans E. The City shall continue to pro -actively promote the mass transit system expansion and innovation through ongoing consultation and coordination with the SunLine Transit Agency and CVAG. Responsible Parties: City Council, Planning Department, Public Works Department, SunLine Transit Agency, CVAG F. The City shall continue to consult and coordinate with the SunLine Transit Agency and encourage the development of rideshare and other alternative, high occupancy transit programs for employers with sufficient numbers of employees, and for individuals seeking to locate potential rideshare partners. Responsible Parties: City Council, Planning Department, SunLine Transit Agency G. The City shall monitor the effectiveness of land use planning proposals that integrate a mix of land uses, optimizes nearby interactions, reduce the need for travel outside the neighborhood, and shorten trips to work, shopping, public services and public park facilities. Responsible Parties: Planning Department, Redevelopment Agency H. The City shall monitor the effectiveness of its master plan of bicycle -ways, golf cart/NEV routes and multi -use paths, including secure bicycle and golf cart/NEV storage facilities, and other support facilities which increase bicycle and golf cart use. Responsible Parties: Planning Department, Public Works Department I. The City shall periodically review roadway design specifications, design standards and guidelines for public and private streets, and their effectiveness at meeting existing and 318 Terra Nova/La Quinta General Plan EIR Mitigation Monitoring Program anticipated demand, reducing traffic speeds in neighborhoods, and facilitating safe and efficient use of bicycles and other alternative modes of transportation. Responsible Parties: Planning Department, Public Works Department, Planning Commission, City Council P. Water Resources & Ouality A. The Planning Department and the City Engineer shall review all development proposals to evaluate their potential for adverse impacts on water quality and quantity, and shall require all development to mitigate any significant adverse impacts. Responsible Parties: Planning Department, City Engineer, Coachella Valley Water District, Project Developer B. The City shall continue to coordinate and cooperate with the Coachella Valley Water District to ensure that the groundwater aquifer is protected from excessive extraction. Responsible Parties: Planning Department, City Engineer, Coachella Valley Water District to 319 RESOLUTION 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ADOPTING THE GREENHOUSE GAS INVENTORY AND REDUCTION PLAN WHEREAS, actions taken by local governments to reduce greenhouse gas emissions and increase energy efficiency provide multiple local benefits by improving air quality and public health, reducing energy expenditures, and saving money for the local government, its businesses, and its residents; and WHEREAS, local governments greatly influence the community's energy usage through their actions concerning land use, transportation, construction, waste management, energy supply, and energy management; and WHEREAS, The Global Warming Solutions Act of 2006, also known as AB 32, requires that all cities prepare an inventory of greenhouse gases and adopt a plan to establish reduction targets to reduce greenhouse gas emissions; and WHEREAS, the City of La Quinta has prepared a Greenhouse Gas Inventory and Reduction Plan in conjunction with the General Plan Update and in accord with the requirements of AB 32; and WHEREAS, the City Council of the City of La Quinta, California did on the 181" day of December, 2012, hold a duly noticed Public Hearing for the review of the Greenhouse Gas Inventory and Reduction Plan, a policy document prepared and reviewed in conjunction with the General Plan Update and Environmental Impact Report; and WHEREAS, the Planning Commission of the City of La Quinta, California, held a public hearing to review and consider the proposed Greenhouse Gas Inventory and Reduction Plan and did make findings to support a recommendation of approval of the Greenhouse Gas Inventory and Reduction Plan to the City Council during their public hearing on the 11 " of September, 2012; and WHEREAS, said Greenhouse Gas Inventory and Reduction Plan has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63) in that the La Quinta Planning Department has prepared an Environmental Impact Report SCH #20101 11094 ("EIR") that the City has certified; and WHEREAS, the City Council has carefully reviewed and considered the Greenhouse Gas Inventory and Reduction Plan in conjunction with the General Plan Update and the Environmental Impact Report; and 320 Resolution 2012- Greenhouse Gas Inventory and Reduction Plan Adopted December 18, 2012 Page 2 of 4 WHEREAS, the Planning Department published a city-wide public hearing notice in The Desert Sun newspaper on December 7th, 2012, as prescribed by the Municipal Code., Public hearing notices were also posted on conspicuous bulletin boards at City Hall, on the City of La Quinta's website, at the Village Post Office, and at the 1 1 1 La Quinta Shopping Center; and WHEREAS, at said public hearing held on December 18t" 2012, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, the City Council of the City of La Quinta did make the following mandatory findings recommending approval of said Greenhouse Gas Inventory and Reduction Plan: 1. The Greenhouse Gas Inventory and Reduction Plan is consistent with Executive Order S-03-05, as it estimates 1990 and current Greenhouse Gas emission levels and sets reduction measures to meet the required targets. 2. The Greenhouse Gas Inventory and Reduction Plan is consistent with the requirements of Assembly Bill 32, in that it establishes policies and programs intended to reduce emissions to the required levels and implements evaluation and reporting of city-wide Greenhouse Gas emissions every three years. 3. The Greenhouse Gas Inventory and Reduction Plan is consistent with Senate Bill 375, as it complements the Sustainable Community Element in the General Plan and includes sustainable community strategies which will reduce GHG emissions through the implementation of appropriate housing, transit, and transportation policies. 4. The Greenhouse Gas Inventory and Reduction Plan is internally consistent with the goals and policies of all elements of the General Plan, in that it was prepared as a strategic action plan which complement the goals policies and programs of the General Plan Update. 5. The Greenhouse Gas Inventory and Reduction Plan will not be detrimental to the public health, safety, convenience, or welfare of the City in so far as it will have a beneficial effect on air quality and public health by encouraging policies which will reduce traffic and emissions. 321 Resolution 2012- Greenhouse Gas Inventory and Reduction Plan Adopted December 18, 2012 Page 3 of 4 6. The Greenhouse Gas Inventory and Reduction Plan is in conformance with the California Environmental Quality Act in that the City has certified an Environmental Impact Report SCH #2010111094 ("EIR") which was prepared in conjunction with the Greenhouse Gas Inventory and Reduction Plan and the General Plan Update. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case. 2. That the City Council has read and considering the information in the Final Environmental Impact Report and has also considered the additional comments received during the hearing on this matter. 23. That the City Council does hereby approve the Greenhouse Gas Inventory and Reduction Plan, as identified in "Exhibit A" attached with this resolution, for the reasons set forth in this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 18`b day of December, 2012, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor 3�2 Resolution 2012- Greenhouse Gas Inventory and Reduction Plan Adopted December 18, 2012 Page 4 of 4 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 323 RESOLUTION 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 2010-112, THE LA QUNTA GENERAL PLAN UPDATE CASE NO.: GENERAL PLAN AMENDMENT 2010-121 APPLICANT: CITY OF LA QUINTA WHEREAS, the City of La Quinta's current General Plan was last updated in March of 2002; and WHEREAS, pursuant to the laws of the State of California, the City of La Quinta has undertaken a periodic, comprehensive review to update its General Plan looking out to the year 2035; and WHEREAS, a Greenhouse Gas Inventory and Reduction Plan has been prepared in conjunction with the General Plan Update pursuant to California Health and Safety Code Section 38550 at. seq.; and WHEREAS, the current Housing Element of the General Plan, adopted in August 2011, is subject to periodic updates under separate provisions of State law, and is therefore not affected by this comprehensive General Plan Update, and will remain in its current form until its next update under applicable State law; and WHEREAS, the Planning Commission of the City of La Quinta did on the 11" day of September, 2012, hold a duly noticed Public Hearing for review of the Environmental Impact Report (EIR), Greenhouse Gas Inventory and Reduction Plan, and the comprehensive General Plan Update, recommending adoption to the City Council by a 5-0 vote under Resolution 2012-015; and WHEREAS, the City Council of the City of La Quinta, California, did on the 18" day of December 2012, hold a duly noticed Public Hearing for review of a comprehensive update to the La Quinta General Plan; and WHEREAS, the Planning Department published a city-wide public hearing notice in The Desert Sun newspaper on December 71", 2012, as prescribed by the Municipal Code. Public hearing notices were also posted on conspicuous . bulletin boards at City Hall, on the City of La Quinta's website, at the Village Post Office, and at the 111 La Quinta Shopping Center; 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 approving said update 324 Resobrtion 2012- General Plan Update GPA 10-121 December 18, 2012 to the General Plan: 1. The Elements of the General Plan are internally consistent and reflect updated statistics and information regarding the City of La Quinta's current conditions and anticipated future growth. The Elements reflect the community's expressions of quality of life and community values and guides future growth in line with those values. 2. The update to the General Plan will not negatively impact the public welfare, insofar as policies and programs address Geologic Hazards, Noise, Air Quality, Flooding and Hydrology, and other environmental and manmade hazards to reduce these hazards for the residents and businesses of the community. 3. The General Plan Update includes goals, policies, and programs that provide substantial protection of the City of La Quinta's important natural resources, public health and welfare, quality of life, and property rights. 4. The update to the General Plan is compatible with the historic and anticipated land use patterns in the City, and will continue to support the orderly and responsible development of the City in the future. 5. The land uses proposed on the Land Use Map are suitable for the lands on which they are proposed, insofar as the majority of the City's developable lands are generally flat, and those lands with significant slope are proposed for preservation as Open Space. 6. The General Plan Update contains a Circulation Element which has been prepared in coordination with adjacent municipalities and agencies and contains policies and programs which will continue to support an orderly transportation infrastructure for all users with the best feasible level of service. 7. The continued development of the City requires the continued monitoring and analysis of current conditions, and this General Plan update reflects these conditions and accommodates changes in development patterns which have occurred since 2002. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: it 3 Resolution 2012- General Plan Update GPA 10-121 December 18, 2012 1. That the above recitations are true and constitute the findings of the City Council in this case. 2. That the City Council has read and considering the information in the Final Environmental Impact Report and has also considered the additional comments received during the hearing on this matter. 3. That it does hereby require compliance with the mitigation measures required in the Environmental Impact Report (SCH#2010111094). 3. That grammatical, clarification, and typographic error corrections may be made by staff to the General Plan as necessary. 4. The City Clerk is hereby designated as the custodian of all General Plan records, documents and other materials which constitute the record of proceedings upon which the Council's decision is based. These documents are available for public viewing and are located at La Quinta City Hall, 78- 495 Calle Tampico, La Quinta, California. 5. That it does adopt the Comprehensive General Plan Update for the reasons set forth in this Resolution. PASSED, APPROVED and ADOPTED at a meeting of the La Quinta City Council, held on this 18th day of December, 2012, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 32 Resolu0on 2012- General Plan Update GPA 10-121 December 18, 2012 ATTEST: SUSAN MAYSELS, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 321 ATTACHMENT # 2 Table 1 Existing General Plan Land Use Allocation, City Limits Existing General Plan Proposed General Plan General Plan Designations Develop- ad Un- developed Total Developed Un- developed Total VLDR Very Low Density up to 2 du/ac 261 198.2 459.2 4 ,006.0 1,583.7 5,589.7 LDR Low Density up to 4 du/ac 3,202.50 3,096.90 6,299.40 MDR Medium Density up to 8 du/ac 1,063.90 324.2 1,388.10 1,292.4 373.6 1,666.0 MHDR Medium -High Densityu to 12 du/ac 14.5 69 83.4 HDR High Density up to 16 du/ac 0.6 86.7 87.3 Total Residential Acreage 4,642.40 3,775.00 8,317.60 52984 1,957.3 7,256.7 M/RC Mixed Commercial 87.9 309 397 385.6 184.0 569.6 CC Community Commercial 24.2 93.7 117.9 NC Neighborhood Commercial 61.8 50.8 112.5 CP Commercial Park 64 64 O Office 39.9 39.9 TC Tourist Commercial 206.2 145.3 351.5 206.6 138.9 345.5 VC Village Commercial 64.4 68.8 133.2 77.1 12.9 90.0 Total Commercial Acreage 444.5 771.5 1,216.00 669.3 335.8 1,005.1 MC Major Community Facilities 178.3 13.1 191.3 252.7 193.8 446.5 P Park Facilities 601.3 128 729.3 4,392.2 867.0 5,259.2 G Golf Course Open Space 3,125.30 986.7 4,111.90 OS Open Space 1,246.20 4,258.70 5,505.00 2,171.6 4,761.7 6,933.3 W Watercourse/Flood Control 468.9 132.8 601.7 Street Rights of Way 1,764.6 191.1 1,955.7 Total Other Acres a 5,619.90 5 519.30 11 139.20 85811 6,013.6 14,594.7 di x�ni fkl Grend Total„ ,. . ; a u, 4F..f,',n; r*1Q;606 70 � 1 OA5:80 i..�,� 672 6b ul a,,, iwL, 8 " 8;306.7 ,� II ,te22; 55�5 3 8 FINAL ENVIRONMENTAL IMPACT REPORT (SCH # 2010111094) FOR THE CITY OF LA QUINTA GENERAL PLAN I L J Terra Nova Planning & 42635 Melanie Pla Palm Desert, G November 2012 Prepared For City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 It 329 Terra Nova/La Quinta General Plan Final EIR FINAL EIR RESPONSE TO COMMENTS ON THE DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE CITY OF LA QUINTA GENERAL PLAN NOVEMBER, 2012 CITY OF LA QUINTA, CALIFORNIA STATE CLEARINGHOUSE NO.2010111094 AGENCY COMMENTS/RESPONSE TO COMMENTS The Response to Comments on the Draft EIR for the La Quinta General Plan project has been prepared in accordance with Section 15088, 15089 and 15132 of the California Environmental Quality Act (CEQA) Guidelines. The following agencies and interested parties have commented on the Draft EIR. Please note that Section I contains verbatim comments from agency and other interested parties, and subsequent responses. Section II contains the full text of commenting agency correspondence. 330 Terra Nova/La Quinta General Plan Final EIR SECTION I: Page Commenting Agencies/Parties and Responses A. State Clearinghouse Closing Letter - Office of Planning and Research 5 B. Native American Heritage Commission 6 C. Riverside County Airport Land Use Commission 9 D. South Cost Air Quality Management District 12 E. City of Coachella 15 F. Coachella Valley Water District 18 G. Endo Engineering 25 H. City of Indio 36 I. County of Riverside Transportation and Land Management Agency 43 J. Coachella Valley Mosquito and Vector Control District 46 K. Riverside County Transportation Planning Department 49 L. Hoffinan Land Development 50 M. Agua Caliente Band of Cahuilla Indians 52 SECTION II: Commenting Agencies/Parties Letters A. State Clearinghouse Closing Letter - Office of Planning and Research B. Native American Heritage Commission C. Riverside County Airport Land Use Commission D. South Cost Air Quality Management District E. City of Coachella F. Coachella Valley Water District G. Endo Engineering H. City of Indio I. County of Riverside Transportation and Land Management Agency J. Coachella Valley Mosquito and Vector Control District K. Riverside County Transportation Planning Department L. Hoffman Land Development M. Agua Caliente Band of Cahuilla Indians 331 Terra Nova/Ca Quinta General Plan Final FIR FINAL ENVIRONMENTAL IMPACT REPORT CITY OF LA QUINTA GENERAL PLAN SECTION I RESPONSE TO COMMENTS The following comments were received on the Draft EIR transmitted to various public agencies and interested parties. These comments concern aspects of the Draft EIR, including clarification of information, adequacy of analysis, and similar issues. Related comments may occasionally be combined to allow one response to address these related questions. The following responses have been prepared to address issues raised in the agency/interested party comments. 332 Terra Nova/La Quinta General Plan Final EIR A. CALIFORNIA STATE CLEARINGHOUSE Comment A-1: The State Clearinghouse submitted the above named Draft EIR to selected state agencies for review. On the enclosed Document Details Report please note that the Clearinghouse has listed the state agencies that reviewed your document. The review period closed on August 27, 2012, and the comments from the responding agency (ies) is (are) enclosed. If this comment package is not in order, please notify the State Clearinghouse immediately. Please refer to the project's ten -digit State Clearinghouse number in future correspondence so that we may respond promptly. Response A-1: Comment noted. The comments received from the Native American Heritage Commission are addressed separately, under Response B, below. 333 Terra Nova/La Quinta General Plan Final EIR B. NATIVE AMERICAN HERITAGE COMMISSION Comment B-1: This letter includes state and federal statutes relating to Native American historic properties of religious and cultural significance to American Indian tribes and interested Native American individuals as 'consulting parties' under both state and federal law. State law also addresses the freedom of Native American Religious Expression in Public Resources Code §5097.9. This project is also subject to California Government Code Section 65352/3, et seq. Response B-1: Comment noted. Comment B-2: The California Environmental Quality Act (CEQA- CA Public Resources Code 21000-21177, amendments effective 3/18/2010) requires that any project that causes a substantial adverse change in the significance of an historical resource, that includes archaeological resources, is a 'significant effect' requiring the preparation of an Environmental Impact Report (EIR) per the CEQA Guidelines defines a significant impact on the environment as 'a substantial, or potentially substantial, adverse change in any of physical conditions within an area affected by the proposed project, including ... objects of historic or aesthetic significance." In order to comply with this provision, the lead agency is required to assess whether the project will have an adverse impact on these resources within the 'area of potential effect (APE), and if so, to mitigate that effect. The NAHC recommends that the lead agency request that the NAHC do a Sacred Lands File search as part of the careful planning for the proposed project. Response B-2: Comment noted. Comment B-3: The NAHC "Sacred Sites; as defined by the Native American Heritage Commission and the California Legislature in California Public Resources Code §§5097.94(a) and 5097.96. Items in the NAHC Sacred Lands Inventory are confidential and exempt from the Public Records Act pursuant to California Government Code §6254 (r ). Response B-3: Comment noted. Comment B-4: Early consultation with Native American tribes in your area is the best way to avoid unanticipated discoveries of cultural resources or burial sites once a project is underway. Culturally affiliated tribes and individuals may have knowledge of the religious and cultural significance of the historic properties in the project area (e.g. APE). We strongly urge that you make contact with the list of Native American Contacts on the attached list of Native American contacts, to see if your proposed project might impact Native American cultural resources and to obtain their recommendations 334 Terra Nova/La Quinta General Plan Final FIR concerning the proposed project. Pursuant to CA Public Resources Code § 5097.95, the NAHC requests cooperation from other public agencies in order that the Native American consulting parties be provided pertinent project information. Consultation with Native American communities is also a matter of environmental justice as defined by California Government Code §65040.12(e). Pursuant to CA Public Resources Code §5097.95, the NAHC requests that pertinent project information be provided consulting tribal parties. The NAHC recommends avoidance as defined by CEQA Guidelines §15370(a) to pursuing a project that would damage or destroy Native American cultural resources and Section 2183.2 that requires documentation, data recovery of cultural resources. Response B-4: As part of the preparation of the Cultural Resources Technical Study for the General Plan (Appendix D of the DEIR), a written request was made of the Native American Heritage Commission (March 22, 2010), for a records search of the Commission's sacred lands file. The Commission identified 13 Tribal representatives in its response, and all these representatives were contacted in writing, and were asked to provide concerns or comments on the General Plan Technical Study. In addition, representatives of the August Band, the Cabazon Band, the Ramona Band, the Santa Rosa Band and the Torres Martinez Band were contacted at that time. One response was received from the Cabazon Band, stating that they had no specific information regarding cultural resources in the area. In addition, the City completed SB 18 consultation, and received one response from the Cabazon Band, to which the City responded. Comment B-5: Furthermore, the NAHC if the proposed project is under the jurisdiction of the statutes and regulations of the National Environmental Policy Act (e.g. NEPA; 42 U.S.C. 4321-43351). Consultation with tribes and interested Native American consulting parties, on the NAHC list, should be conducted in compliance with the requirements of federal NEPA and Section 106 and 4(f) of federal NHPA (16 U.S.C. 470 et seq), 36 CFR Part 800.3 (f) (2) & .5, the President's Council on Environmental Quality (CSQ, 42 U.S.0 4371 et seq. and NAGPRA (25 U.S.C. 3001-3013) as appropriate. The 1992 Secretary of the Interiors Standards for the Treatment of Historic Properties were revised so that they could be applied to all historic resource types included in the National Register of Historic Places and including cultural landscapes. Also, federal Executive Orders Nos. 11593 (preservation of cultural environment), 13175 (coordination & consultation) and 13007 (Sacred Sites) are helpful, supportive guides for Section 106 consultation. The aforementioned Secretary of the Interior's Standards include recommendations for all 'lead agencies' to consider the historic context of proposed projects and to "research" the cultural landscape that might include the 'area of potential effect.' 33� Terra Nova/La Quinta General Plan Final EiR Response B-5: Comment noted. The General Plan is not subject to NEPA. Comment B-6: Confidentiality of "historic properties of religious and cultural significance" should also be considered as protected by California Government Code §6254( r) and may also be protected under Section 304 of he NHPA or at the Secretary of the Interior discretion if not eligible for listing on the National Register of Historic Places. The Secretary may also be advised by the federal Indian Religious Freedom Act (cf. 42 U.S.C., 1996) in issuing a decision on whether or not to disclose items of religious and/or cultural significance identified in or near the APES and possibility threatened by proposed project activity. Response B-6: Comment noted. Comment B-7: Furthermore, Public Resources Code Section 5097.98, California Government Code §27491 and Health & Safety Code Section 7050.5 provide for provisions for inadvertent discovery of human remains mandate the processes to be followed in the event of a discovery of human remains in a project location other than a 'dedicated cemetery'. Response B-7: Comment noted. Comment B-8: To be effective, consultation on specific projects must be the result of an ongoing relationship between Native American tribes and lead agencies, project proponents and their contractors, in the opinion of the NAHC. Regarding tribal consultation, a relationship built around regular meetings and informal involvement with local tribes will lead to more qualitative consultation tribal input on specific projects. Response B-8: Comment noted. Comment B-9: Finally, when Native American cultural sites and/or Native American burial sites are. prevalent within the project site, the NAHC recommends 'avoidance' of the site as referenced by CEQA Guidelines Section 15370(a). Response B-9: Comment noted. 336 Terra Nova/La Quinta General Plan Final EIR C. RIVERSIDE COUNTY AIRPORT LAND USE Comment C-1: On page 111-99 of the Draft EIR, Bermuda Dunes Airport is variously referred to as a "private airfield" or a "private airstrip." This is an incorrect classification. Bermuda Dunes Airport should be described as a "privately - owned public use airport." As a public use airport, Bermuda Dunes Airport is subject to permitting requirements of the State of California Department of Transportation Division of Aeronautics. Another distinction between a public use airport and a private airstrip is that Airport Land Use Commissions are required to prepare Airport Land Use Compatibility Plans for the environs of public use airports. A handwritten annotated copy of page 111-99 is attached hereto, and we would recommend that the Final EIR incorporate the recommended changes. Response C-1: Comment noted. The changes are hereby incorporated. Comment C-2: A portion of the City of La Quints located northerly of Fred Waring Drive and westerly of Jefferson Street is within Compatibility Zone D and is proposed for a land use designation of Low Density Residential (0 to 4 dwelling units per acre). This land use designation is not consistent with Countywide compatibility criteria for Compatibility Zone D; however, as this designation reflects an existing land use (a recorded tract map), a finding of consistency could still be made by the Airport Land Use Commission. Response C-2: Comment noted. Comment C-3: The current boundaries of the City of La Quinta lie outside the Airport Influence Area for Jacqueline Cochran Regional Airport, but the sphere of influence extends into this area and is included primarily in Compatibility Zones D and E. Small portions of Compatibility Zones C and B1 extend into the area directly southwesterly of the Airport Boulevard/Harrison Street intersection. This area is within the community of Vista Santa Rosa, where the Commission has indicated a willingness to consider special policies if large expanses of open area can be preserved in perpetuity. (Please see the attached letter from the Airport Land Use Commission to the Riverside County Planning Department regarding this issue.) Response C-3: Comment noted. Comment C-4: Pursuant to Section 21676(b) of the California Public Utilities Code, "prior to the amendment of a general plan ... the local agency shall first refer the proposed action to [ALUC]." At the appropriate time prior to action (ideally before Planning Commission consideration, but definitely 337 Terra Nova/La Quinta General Plan Final EIR before City Council action), the new General Plan should be submitted to the Airport Land Use Commission for a consistency review. (A copy of the "Application for Major Land Use Action Review" form is attached, for your convenience.) Response C-4: Comment noted. As stated by the commenter, all property in the City within the Bermuda Dunes area of influence is built out. The sphere of Influence is not within the City's jurisdiction, and Land Use designations are pending preparation of a Master Plan. The Master Plan will be submitted to ALUC for review at the time that it is prepared. Comment C-5: We urge your consideration of the Countywide Policies of the 2004 Riverside County Airport Land Use Compatibility Plan, the 2004 Bermuda Dunes Airport Land Use Compatibility Plan, and the 2005 Jacqueline Cochran Regional Airport Land Use Compatibility Plan in proposing land use designations for properties within the Airport Influence Areas of these two airports. Additionally, the California Airport Land Use Planning Handbook published by the State of California Department of Transportation, Division of Aeronautics, is an excellent resource that should be consulted in your efforts to provide for a General Plan that furthers the objectives of airport land use compatibility planning. We recommend that the chapter addressing "Responsibilities of Local Agencies" be reviewed. Response C-5: Comment noted. Comment C-6: In situations where a jurisdiction's General Plan has not been determined by ALUC to be consistent with applicable Airport Land Use Compatibility Plans, ALUC is empowered to require submittal of all actions, regulations, and permits (such as land divisions and development of structures with a cumulative floor area of 20,000 square feet or greater) involving land within an Airport Influence Area for individual determinations of consistency or inconsistency. All major land use actions, with or without legislative actions such as general plan amendments, specific plans and specific plan amendments, and zoning changes, affecting land within the Airport Influence Areas of Bermuda Dunes Airport and Jacqueline Cochran Regional Airport are presently subject to ALUC review. ALUC reviews for conformance with ALUCP compatibility criteria, including land use intensity, noise, and height. (Once ALUC has determined a jurisdiction's General Plan to be consistent, only those projects involving general plan amendments, specific plans, specific plan amendments, ordinance amendments, or zoning changes are subject to ALUC review.) Response C-6: Comment noted. See comment C-4. -_ 338 Terra Nova/La Quinta General Plan Final EIR Comment C-7: The protection of airports from incompatible land use encroachments is vital to California's economic future. ALUCs were created by the State of California to work with local jurisdictions in a joint effort to provide for compatible land uses in the vicinity of. public use airports. ALUC staff is available to assist the City in this effort in order to provide for a General Plan that is consistent with adopted Compatibility Plans, and would be happy to meet with you and City staff to discuss the General Plan and the ALUC review process at your convenience. Response C-7: Comment noted, 339 Terra Nova/La Quinta General Plan Final EIR D. SOUTH COST AIR QUALITY MANAGEMENT DISTRICT Comment D-1: Based on a review of the Draft EIR the lead agency has determined that the proposed project will achieve its greenhouse gas (GHG) reduction target of 10% below 2005 levels by 2020 and 28% below 2005 levels by 2035. Based on information presented on page IV-7 of the GHG Reduction Plan the lead agency established BAU using historical growth rates (2005 baseline data) within city limits. As a result, the lead agency applied this same growth rate to land area outside of city limits and in the project's sphere of influence (SOI). However, it does not appear that the land outside of the lead agency's jurisdiction and in the SOI (see Figure I- 5 of Draft EIR) has a growth potential that is consistent with the growth rates assumed in the BAU analysis. Specifically, it does not seem appropriate to allocate the same growth rate to land in the city limits boundary and land in the SOI boundary given the existing lower density rural designation within the SOI. Therefore, the AQMD staff requests that in light of a recent court ruling regarding BAU analysis' the lead agency demonstrate that the BAU analysis properly captures the growth potential in the city's sphere of influence and provide clarification about the use of this rate to establish the project's BAU emissions value. Response D-1: The GHG Reduction Plan utilizes the growth rates as defined on page IV- 7 of the Plan to specify the projected rate of growth for each sector based on historic data. The GHG Reduction Plan includes land uses within City limits only and excludes the SOI, as the City has no jurisdiction over these lands at this time. In the event that the SOI is annexed into the City, a SOI specific GHG Reduction Plan would need to be prepared, or the existing GHG Reduction Plan amended to address this increased territory. As stated on page 39 of the La Quinta AQ/GHG Report prepared for the La Quinta General Plan Update, the air quality analysis assumes that full buildout of the proposed Land Use Plan occurs by 2035. This assumption is both reasonable and practical within City limits. As the commentor notes, full buildout of the SOI is also. assumed for analysis purposes in order to estimate the potential impact to air quality. BAU for the SOI is based on the City's General Plan Update land use designations, and is in substantial conformance with the existing General Plan land use designation for that area as well as the County's Vista Santa Rosa Plan, which currently governs development within the SOI. As such, the land uses proposed for the SOI have been assigned for at least the past 10 years. Although the historic rate of growth within the SOI has been minimal, land within the City limit is nearly built out and the land within the SOI contains a majority of the developable land within the Planning Area. It is therefore expected that the SOI will be the next area of growth. .14 340 Terra Nova/La Quinta General Plan Final EIR In order to evaluate impacts from implementation of the General Plan Update, full buildout of the Planning Area, including City Limits and the SOI is analyzed in the AQ/GHG Report and the EIR. Comment D-2: The lead agency indicates that the population, housing and employment growth rates in the GHG Reduction Plan were provided by the Southern California Association of Government (SCAG). However, the lead agency does not provide any quantitative analyses or measures to demonstrate that the project is consistent with the recent Sustainable Community Strategy (SCS) adopted by the SCAG. Therefore, the final CEQA document should provide a quantified analysis demonstrating consistency with the 2012 Regional Transportation Plan/SCS. Response D-2: Table 19 of the GHG Reduction Plan provides detailed information on the use of SCAG growth forecasts to project future year trends in demographics within the City of La Quinta. Growth rates in the GHG Reduction Plan are based on the "Draft Integrated Growth Forecasts" released May 2011 by SCAG. The "Draft Integrated Growth Forecasts" were subsequently used as the basis for establishing growth projections for the 2012 RTP/SCS. As such, growth rates set forth within the GHG Reduction Plan are consistent with the growth forecasts presented by SCAG in the RTP/SCS. Comment D-3: The lead agency's operational air quality analysis demonstrates significant air quality impacts from all criteria pollutant emissions including NOx, SOx, CO, VOC, PM10 and PM2.5 emissions impacts. These impacts are primarily from mobile source emissions related to vehicle trips associated with the proposed project. However, the lead agency fails to adequately address this large source of emissions. Specifically, the lead agency requires nominal mitigation measures in the Draft EIR that lack emission reduction targets and specificity relative to the mobile source emissions. Therefore, the lead agency should reduce the project's significant air quality impacts by reviewing and incorporating additional transportation mitigation measures from the greenhouse gas quantification report2 published by the California Air Pollution Control Officer's Association and by revising mitigation measures 1 through 6 on page III-35 of the Draft EIR to provide specific emission reduction targets in the Final EIR. Further, the lead agency should be mindful of significant mobile source reductions that are needed in the near future for the South Coast Air Basin to achieve Federal Clean Air Standards by 2023 and 20303. Response D-3: As stated on page III-33 of the DEIR, the General Plan requires adoption of the GHG Reduction Plan in order to mitigate for impacts to air quality resulting from transportation, among other sectors. Feasible mitigation measures have also been included in the DEIR. Pages V-6 through V-8, and V-10 of the GHG Reduction Plan identify specific transportation 341 Terra Nova/La Quinta General Plan Final EIR related measures that will substantially reduce air quality emissions (criteria pollutants and GHGs). These include measures set forth in the CAPCOA Report. Quantifiable reductions for the transportation sector are provided in Table 26 of the GHG Reduction Plan. While the reduction to GHG's are highlighted and presented in terms of CO2e reduction, it should be understood that these measures will also substantially reduce emissions of criteria pollutants. Adoption of the comprehensive GHG Reduction Plan is expected to be sufficient to limit air quality emissions to the greatest extent practicable. Comment D-4: The lead agency determined that the proposed project will exceed the CEQA regional construction significance thresholds; therefore, AQMD staff recommends that the lead agency provide the following additional mitigation measure pursuant to CEQA Guidelines Section 15126.4. Require the use of 2010 and newer diesel haul trucks (e.g., material delivery trucks and soil import/export) and if the lead agency determines that 2010 model year or newer diesel trucks cannot be obtained the lead agency shall use trucks that meet EPA 2007 model year NOx and PM emissions requirements. Response D-4: Comment noted. Mitigation measure #2 on Page III-33 of the DEIR will be amended pursuant to the above comment. 34) Terra Nova/La Quinta General Plan Final FIR E. CITY OF COACHELLA Comment E-1: The Preferred Alternative Land Use Plan (Exhibit I-5) shows the entire geographic area bounded by Jackson Street, Airport Boulevard, Harrison Street and the Coachella City boundary as "Low Density Residential" except for two areas of "Community Commercial" at SW corner of Van Buren and Avenue 53, and on the west side of Harrison Street between Airport Boulevard and Avenue 60. (north of Avenue 54). The City is concerned about this blanket designation for the following reasons. a) The preferred land use plan deviates from the Vista Santa Rosa Land Use Concept Plan (VSRLUCP) with respect to the clustering of densities at the Village Center near Coachella Valley High School. The City of Coachella believes that "Medium High Density Residential", "High Density Residential", "Village Center" and "Community Center" uses identified in the VSRLUCP at Calhoun Street and Airport Boulevard are beneficial to the long term quality of life in the area. The City of Coachella would encourage the creation of a neighborhood center similar to what is envisioned in the VSRLUCP in order to reduce vehicular trips for the commercial needs of nearby residents, and to have a cluster of density near the existing High School to promote walking routes to school. b) The intersection of Van Buren Street and Avenue 52 in Coachella has approximately 160 acres of undeveloped land designated for General Commercial use. Commercial land developers have studied this intersection future node for regional commercial and medical office uses. This area has the potential to become a significant employment center. The City of Coachella is in favor or designating the land north of Avenue 53 and east of Calhoun Street to include "Medium Density" and "High Density" Residential uses to cluster homes near this future employment center. Response E-1: Comment noted. As described on page I-19, the Low -Density Residential land use designation applied to the area described above and throughout the eastern Sphere -of -Influence is assigned in anticipation of the preparation of a Master Plan required prior to annexation of the area. Page III-129 indicates that, prior to annexation into the City, the General Plan will require the preparation of a Master Plan of development to further evaluate the plan's consistency with the Vista Santa Rosa (VSR) Land Use Concept Plan and to assure that future development reflects the desires of the community. 343 Terra Nova/La Quinta General Plan Final EIR The Preferred Land Use Map provides for General Commercial development at several locations, including those at the intersection of Airport Blvd. and Monroe St., the intersection of Avenue 53 and Van Buren St., and along Harrison St. between Airport Blvd. and Avenue 60. Additional commercial centers, including those proposed in the Vista Santa Rosa Land Use Concept Plan will be evaluated as part of the Master Plan process. Comment E-2: The proposed roadway diagram for Harrison Street south of Airport Boulevard is shown as a Major Arterial consisting of six lanes with a raised median. Please note that the City of Coachella has approved a policy document for Harrison Street between Avenue 54 and Highway I I I ("Harrison Street Corridor Study") that calls for a de-emphasized roadway with four lanes of travel and parallel parking on the street. It is our desire to shift regional traffic onto Van Buren Street and Calhoun Street as future north -south arterial streets within Coachella. In addition to anticipated future commercial uses and possible expansion of the Augustine Casino, the Van Buren and Calhoun Street corridors will provide connectivity between planned community parks at Van Buren and Avenue 49 (Rancho Las Flores) and at Avenue 50 and Calhoun Street (La Colonia Park). The City of Coachella would encourage policies that would require a transitioning section of Harrison Street between Avenue 58 and Airport Boulevard to reduce the number of lanes for north -bound traffic into Coachella. Response E-2: Comment noted. Traffic modeling was conducted to evaluate roadway conditions at General Plan buildout (year 2035); the results are shown in Table III-48 of the Draft EIR. The La Quinta General Plan traffic model is a focused version and extension of the latest RivTAM model. The analysis conducted by the City (and the County) indicates that Harrison Street between Airport Boulevard and Avenue 58 will operate at an unacceptable Level -of -Service (LOS F) even when constructed as an 8-lane Augmented Major roadway with a capacity of 76,000 ADT. While this segment is south of the Coachella segment between Avenue 54 and Highway 111, the projected traffic volumes and existing and long-term circulation pattern imply that traffic volumes higher than those that can be accommodated on a divided four lane roadway could eventually occur along the referenced Coachella segment of Harrison Street. Ongoing focus and coordination of Harrison Street operations will be required to assure that the La Quinta and other segments operate at LOS D or better in 2035. Prior studies conducted by the County raised the potential of grade -separated intersections to enhance capacity. The General Plan Update identifies additional recommendations for increasing peak hour traffic volumes, including the implementation of well - coordinated traffic signals, improved access control, and uniform travel speeds. 344 Terra Nova/La Quinta General Plan Final EIR The City of Coachella comment indicates that it will shift Harrison Street traffic west to reduce demand for capacity along the Coachella segment of Harrison Street. However, it should be noted that the La Quinta General Plan designates Van Buren Street as a 4 lane Primary Arterial within a 108-foot right-of-way, which substantially conforms with the County General Plan Circulation Element for this roadway. To the extent projected future Harrison Street traffic volumes can be shifted westward to Van Buren Street, neither the La Quinta nor County General Plans designate this roadway with sufficient capacity to absorb long-term traffic projected for Harrison Street. Comment E-3: The draft Circulation Element diagram as shown in Exhibit III-18 identifies the major roadway arterials on the traditional section lines throughout La Quinta's sphere of influence (i.e., Avenue 54, Airport Boulevard, Jackson Street, Van Buren Street, Avenue 58, and Avenue 60, etc.). While a majority of Coachella's arterials have not been developed, we see this as an opportunity to enhance connectivity by including the %- mile connecting roadways as much as possible into the General Plan network. Accordingly, the City of Coachella will be including Avenue 53, Avenue 55, Avenue 57, Avenue 59, and Avenue 61 into the Circulation Element. Similarly, we will be including Calhoun Street, Frederick Street and Shady Lane as north -south arterial streets to distribute the traffic in a manner that would allow all arterial streets to be no larger than a four -lane roadway. The City of Coachella would encourage smaller block distances between arterial streets to discourage highway -type arterials and encourage pedestrian -friendly streets that provide access to local commercial and public uses within identifiable neighborhood centers. The City has an over -arching to improve the health of our residents through the built environment by promoting walkable communities, improving opportunities for short distance non -motorized travel, and improve access to parks and recreational uses. Response E-3: Comment noted. The City of La Quinta has and expects to continue to see larger -scale master planned development in the southern quadrant of the City. It should also be noted that the City largely provides for low -density residential development in this area, which will limit the need for a General Plan roadway network along the mid -section lines, although their development is not precluded if they are integral parts of overall master planning in this area. With the exception of Harrison Street, none of the major roadways planned in the southeast quadrant of the City are planned to be larger than 4 lanes divided. Also, as previously stated in Response E- 1, this area will be master planned, and roadway designations finalized through that master plan process, so that it will relate to the land use pattern established in the master plan. 34- Terra Nova/La Quinta General Plan Final EIR F. COACHELLA VALLEY WATER DISTRICT Comment F-1: Where applicable throughout the DEIR, references should be made to the 2010 Coachella Valley Water Management Plan Update (approved in January 2012), the Coachella Valley Multiple Species Habitat Conservation Plan, and the Thomas E. Levy Groundwater Recharge Facility. Response F-1: Comment noted. Comment F-2: Page M-9, Environmental Summary Matrix: Under the "Existing Conditions" heading, "Hydrology" is misspelled. Response F-2: Comment noted. Correct spelling is hereby incorporated by reference. Comment F-3: Please revise first sentence under "Hydrology" to state: "Analysis and design of regional flood control structures is the responsibility of CVWD". Response F-3: Comment noted. Changes are hereby incorporated by reference. Comment F4: Please revise the last sentence of the first paragraph under "Hydrology" to state " ... the Bear Creek System, the East La Quinta Channel System, Dike No. 2, Guadelupe Dike, and Dike No. 4. " Response F-4: Comment noted. Changes are hereby incorporated by reference Comment F-5: In reference to the second paragraph under the "Project Impacts" heading, please note that the portion of the Coachella Valley Stormwater Channel within the Planning Area is not a "levee ", and most of this section has slope protection. Response F-5: Comment noted. Changes are hereby incorporated by reference Comment F-6: Page M-10, Environmental Summary Matrix: In the last sentence of the third paragraph under the headings "Existing Conditions" and "Water Resources/Quality", please revise to read: "CVWD estimates the annual overdraft for 2010 to be 7,457 acre-feet. " Response F-6: Comment noted. Changes are hereby incorporated by reference. Comment F-7: Page II-12: Please revise the third paragraph to read "... which drains an approximate 1,069-square-mile watershed at Indio, ... " or " ... which drains an approximate 1,525-square-mile watershed at the Salton Sea... ". Response F-7: Comment noted. Changes are hereby incorporated by reference. 346 Terra Nova/La Quinta General Plan Final EIR Comment F-8: In the last paragraph, please replace "Whitewater River" with "Whitewater River Stormwater Channel". Response F-8: Comment noted. Changes are hereby incorporated by reference Comment F-9: Page II-13: Under the heading "Domestic Water Resources", please revise the second sentence to the following: "It uses wells to extract groundwater which naturally recharges from mountain runoff. Natural recharge is supplemented by replenishment programs supplying supplemental water to the Thomas E. Levy Groundwater Recharge Facility near Dike No. 4 and at the Martinez Canyon Pilot Groundwater Recharge Facility near Martinez Canyon. " Response F-9: Comment noted. Changes are hereby incorporated by reference. Comment F-10: Under the heading "Whitewater River Subbasin", please revise the last sentence of the first paragraph to state " ... Lower Whitewater River Subbasin Area of Benefit. " Response F-10: Comment noted. Changes are hereby incorporated by reference. Comment F-11: In the first sentence of the second paragraph, please revise to read " ... groundwater use in the Whitewater River Subbasin has been steadily increasing to a point where demand has exceeded natural supplies. " Response F-11: Comment noted. Changes are hereby incorporated by reference. Comment F-12: Page 1I-20: In the third sentence of the first paragraph under "Domestic Water", please revise to read "... and south and east of the Planning Area at the Thomas E. Levy Groundwater Recharge Facility near Dike No. 4 and at the Martinez Canyon Pilot Groundwater Recharge Facility near Martinez Canyon. " Response F-12: Comment noted. Changes are hereby incorporated by reference. Comment F-13: In the last two sentences of the paragraph under "Wastewater Services", please replace "Mid -Valley Water Reclamation Plant" with "Water Reclamation Plant No.4 ". Response F-13: Comment noted. Changes are hereby incorporated by reference. Comment F-14: Page III-104: In the first sentence of the paragraph under "Regional Stormwater Management", please revise to read: "Analysis and design of regional flood control Structures is the responsibility of CVWD ". Response F-14: Comment noted. Changes are hereby incorporated by reference. 347 Terra Nova/La Quinta General Plan Final EIR Comment F-15: Please revise the second to last sentence to read "... include the Coachella Valley Stormwater Channel, Whitewater River Stormwater Channel, the La Quinta Evacuation Channel, the Bear Creek System, the East La Quinta Channel System, Dike No. 2, Guadalupe Dike, and Dike No. 4. " Response F-15: Comment noted. Changes are hereby incorporated by reference. Comment F-16: Please revise the first four sentences in the first paragraph under "Whitewater River/Coachella Valley Stormwater Channel" to read: "The Whitewater River, which flows into the Coachella Valley Stormwater Channel in the Planning Area, is the principal drainage course in the City, extending through the Coachella Valley for 50 miles, with an average cross-section of 350 feet. The Channel is generally dry, but may be inundated during storm events. Most of the Coachella Valley Stormwater Channel sections within the City have reinforced slope protection; the remaining portions are protected by unreinforced earthen berms. " Response F-16: Comment noted. Changes are hereby incorporated by reference. Comment F-17: Please revise the first sentence of the second paragraph to read: "The aforementioned reinforced slopes and remaining unreinforced earthen banks are classified by FEMA as "Provisionally Accredited Levees", indicating that they provide protection from the 100 year flood. " Response F-17: Comment noted. Changes are hereby incorporated by reference. Comment F-18: Page III-105: Please revise the last sentence under "Bear Creek System" to read: "CVWD has applied for FEMA' accreditation of the Bear Creek Channel System including the training dike, and is awaiting receipt of the formal accreditation letter. " Response F-18: Comment noted. Changes are hereby incorporated by reference. Comment F-19: In reference to the last sentence of the paragraph under "Oleander Reservoir", the Standard Project Flood elevation is projected to be 54 feet at the reservoir; please verify 44-foot elevation associated with the 100- year flood. Response F-19: Comment noted. Comment F-20: Page II1-106: In reference to the first two sentences of the first paragraph under "Dikes", please note that the dikes were constructed to protect agricultural lands. Response F-20: Comment noted. 1E Terra Nova/La Quinta General Plan Final EIR Comment F-21: Also, the Eastside Dike is not located within an area covered by the City 's General Plan Update. Response F-21: Comment noted. Reference to Eastside Dike is hereby deleted. Comment F-22: Page III-110: Please revise the first two sentences of the first paragraph under "Levee Failure and Seiching " to read: "There are several major stormwater or irrigation facilities located in the Planning Area including the Coachella Valley Stormwater Channel, Coachella Canal, and Lake Cahuilla. " Response F-22: Comment noted. Changes are hereby incorporated by reference. Comment F-23: In the first sentence of the second paragraph, please replace "sand levees" with "banks" or "levees". Response F-23: Comment noted. Changes are hereby incorporated by reference. Comment F-24: Page III-238: Please revise the second sentence of the third paragraph under "Existing Conditions" to read: 'Although Colorado River water is one of the Coachella Valley's main sources of water, it has elevated levels of salinity. This water has been cited as contributing to the elevated salinity levels found in the Valley. " Response F-24: Comment noted. Changes are hereby incorporated by reference Comment F-25: Page III-239: Please revise the last sentence of the first paragraph under "Thermal Subarea" to read: " ... increased pumpage has lowered groundwater levels in the lower portion of the Whitewater River subbasin. " Response F-25: Comment noted. Changes are hereby incorporated by reference. Comment F-26: Please revise the first sentence of the third paragraph to read: "The upper and lower aquifer zones of the Thermal subarea... " Response F-26: Comment noted. Changes are hereby incorporated by reference. Comment F-27: Please revise the first sentence under "Regional Water Supply and Demand" to read: "The Coachella Valley's principal domestic water source is groundwater. " Response F-27: Comment noted. Changes are hereby incorporated by reference. 349 Terra Nova/La Quinta General Plan Final EIR Comment F-28: Page III-240: Please revise the first and second sentences under "Regional Water Supply" to read: "Domestic water is provided in the City and most of the sphere by CVWD. Groundwater is the primary source for this water supply. " Response F-28: Comment noted. Changes are hereby incorporated by reference. Comment F-29: In the first sentence of the second paragraph, please add "Area of Benefit" after "Subbasin". Response F-29: Comment noted. Changes are hereby incorporated by reference. Comment F-30: Please revise the last sentence of the third paragraph to read: " ...the annual balance in the Area of Benefit for 2010 was estimated to be -7,457 acre feet.t 09" And please add this sentence: "The cumulative overdraft for the Area of Benefit through 2010 is estimated to be 4,497,609 acre- feet.709r, Response F-30: Comment noted. Changes are hereby incorporated by reference. Comment F-31: Under "Historic and Current Consumption", please add "Area of Benefit" after "Subbasin". Response F-31: Comment noted. Changes are hereby incorporated by reference. Comment F-32: Page III-241: Please revise the title of Table 111-50 to "Coachella Valley Water District Annual Water Production Within the Lower Whitewater River Subbasin Area of Benefit. " Response F-32: Comment noted. Changes are hereby incorporated by reference. Comment F-33: Under "Domestic Water Facilities", please update data to include the following: "CVWD has 102 active wells, 59 reservoirs, and in 2011 delivered 102,805 acre-feet of water to a population of 286, 240. " Response F-33: Comment noted. Changes are hereby incorporated by reference. Comment F-34: Page III-243: Please replace "... and the Mission Creek subbasins ... "with " ... and the Mission Creek Subbasin Areas of Benefit" in the second and third paragraphs on this page." Response F-34: Comment noted. Changes are hereby incorporated by reference. Comment F-35: Page III-244: Please revise the heading "Reclaimed Water/Tertiary Treated Water" to "Recycled Water/Tertiary Treated Water". Response F-35: Comment noted. Changes are hereby incorporated by reference. 350 Terra Nova/La Quinta General Plan Final EIR Comment F-36: In the second sentence under this heading, please revise to state " ... of which two have facilities to treat wastewater ... " and add this sentence after the second sentence: "A third CVWD water reclamation plant produces secondary treated water suitable for irrigation where uses are restricted. " Response F-36: Comment noted. Changes are hereby incorporated by reference. Comment F-37: Page III-245: In the next to last sentence of the first paragraph on the page, please replace "turn" with "turf'. Response F-37: Comment noted. Changes are hereby incorporated by reference. Comment F-38: Page 111-246: Please revise the fourth and fifth sentences of the second paragraph under "Water Quality" to read: "In some areas, low levels of naturally -occurring arsenic have been found. CVWD has three ion exchange treatment facilities for arsenic removal; these are located in the Mecca and Thermal areas. " Response F-38: Comment noted. Changes are hereby incorporated by reference. Comment F-39: Page 111-247: Please revise the second and third sentences under "Total Dissolved Solids" to read: "The secondary MCL for TDS includes an upper level of 1,000 milligrams per liter (mg/L) and a short-term level of 1,500 mg/L. Based on CVWD domestic well monitoring data for 2009, TDS levels ranged from 150 to 980 mg/L. " Response F-39: Comment noted. Changes are hereby incorporated by reference. Comment F-40: Under "Nitrates", please remove the "s" from "commons" in the second sentence of the first paragraph. Response F-40: Comment noted. Changes are hereby incorporated by reference Comment F-41: Page 111-248: Please revise the first sentence of the fourth paragraph on the page to read: "The primary water quality issues in the Coachella Valley are salinity and nitrates. " Please add "River" after "Whitewater" in the second sentence. Response F41: Comment noted. Changes are hereby incorporated by reference. Comment F-42: Page 111-252: Please replace "reclaimed" with "recycled" in the last sentence of the first paragraph under "Impacts to Water Supply Resources ". 351 Terra Nova/La Quinta General Plan Final EIR Response F-42: Comment noted. Changes are hereby incorporated by reference. Comment F-43: Page III- 254: In the third sentence of the first paragraph, revise to read "- established thresholds for domestic water..." and place a comma after "chromium-6" in the last sentence. Response F-43: Comment noted. Changes are hereby incorporated by reference. Comment F-44: In the third sentence under "Nitrates", please revise to read "... nitrate concentrations in domestic water provided by CVWD range from "not detected" to a maximum of 40 mg/L. " Response F-44: Comment noted. Changes are hereby incorporated by reference. Comment F-45: Page 111-255: Please remove the "s" from "impacts" in the first sentence of the first full paragraph. Response F-45: Comment noted. Changes are hereby incorporated by reference. Comment F-46: Exhibit I II-10: The Coachella Valley Stormwater Channel is mislabeled as the "Whitewater River ". Response F-46:. Comment noted. Changes are hereby incorporated by reference. 35) Terra Nova/La Quinta General Plan Final FIR G. ENDO ENGINEERING for HOFFMAN LAND DEVELOPMENT COMPANY Note: The Endo Engineering comment letter was submitted with and is associated with a separate letter provided by Hoffman Land Development Company, comments from which are addressed separately in Comment Letter M, below. Comment G-1: As shown in General Plan Exhibit II-10, EIR Exhibit III-20, and Table 10 of the TIA, future traffic projections are not provided for several General Plan roadway segments that are critical to the development of the Travertine Specific Plan. Future traffic projections are needed for: (1) Avenue 62, west of Madison Street; (2) Avenue 58, west of Madison Street; (3) Jefferson Street, north of Travertine; (4) Madison Street, north of Avenue 62; and (5) Avenue 60, west of Madison Street. Section 6.3 of the TIA (Page 52) indicates that the growth in raw LQTAM volumes between the year 2009 and the year 2035 was added to the existing 24-hour volumes from CVAG to obtain forecast year 2035 daily volumes. However, future traffic projections were not evaluated for some General Plan roadway segments that were included in the CVAG "Traffic Census Report". For example, CVAG provided existing daily traffic count data for three segments along Airport Boulevard (east of Madison Street, east of Monroe Street, and east of Jackson Street). Future traffic projections were not provided in the TIA for these roadway segments. It can be seen from General Plan Exhibit II-10, EIR Exhibit III-20, and Table 10 of the TIA, that numerous master planned roadway segments were not included in the CVAG "Traffic Census Report" and therefore have no future traffic projection. Without future traffic projections, the adequacy of the master planned roadway classifications for many General Plan roadway segments, particularly those in the developing areas of southeast La Quinta, cannot be verified. Future traffic projections are necessary for all of the General Plan roadway links to ensure that future traffic studies properly address General Plan buildout traffic conditions. Will year 2035 LQTAM daily traffic projections be made available to enable future traffic studies to evaluate General Plan buildout traffic volumes? As a minimum, the raw LQTAM volumes for the year 2009 and the year 2035 should be provided for those roadway links where no count data was provided in the CVAG "Traffic Census Report". 353 Terra Nova/La Quinta General Plan Final EIR Response G-1: Comment noted. As is evident from Exhibit I1-9 of the Draft General Plan and Exhibit II-17 of the Draft EIR, existing traffic volumes in the southeast quadrant of the City are quite low and traffic on many of these segments have not been counted by CVAG. However, as is well understood by traffic engineers and planners, intersections are the most constrained portions of the roadway network and data were collected for 37 intersections, including those in the vicinity of the Travertine Specific Plan project. With these measured intersection volumes, including turning movements, roadway segment volumes are interpolated by the City traffic model. The traffic model will be made available to other traffic engineers for their use in conducting future project -specific traffic analysis. It should also be noted that the cited segment of Jefferson Street primarily serves development in the vicinity of Lake Cahuilla, The Quarry and the Travertine and Green (Coral Canyon) Specific Plans. Comment G-2: In Appendix H of the DEIR, page 12 of the TIA refers readers to Appendix A for the traffic count data used in the traffic study. Appendix A of the TIA was not provided on the City website and should be made available for review. Response G-2: Comment noted. An electronic copy of the subject technical appendix was provided to the commentor on September 9, 2012. Comment G-3: In Appendix H of the DEIR, page 32 of the TIA references the "Model Documentation and Validation Report" (dated February, 2011) prepared by Iteris, Inc. This report is critical and should be provided on the City website or at a minimum made available upon request. Based upon the existing CVAG counts and the portion of the land in southeast La Quinta that has been developed to date, it appears that the future traffic projections along Madison Street are substantially higher than expected. The rationale for the additional future traffic is not provided in the TIA. Consequently, the calibration of the model in this area is of particular interest and should be reviewed. Response G-3: Comment noted. An electronic copy of the subject model documentation and validation was provided to the commentor on September 9, 2012. The LQTAM is a focused version of the RivTAM regional traffic model. As is made clear in the Circulation Element and the Draft EIR and TIA, traffic data ("rationale") include current traffic, existing and planned land uses, and a variety of socio-economic data. As noted above, the LQTAM version of the RivTAM model will be available to qualified and County - approved RivTAM modelers in preparing other traffic analysis in the City and its Sphere -of -Influence, including project -specific analyses. 26 354 Terra Nova/La Quinta General Plan Final EIR Comment G-3A: Specific Comments Related to the Travertine Specific Plan The Travertine Specific Plan was originally approved in 1994 with a total trip generation of 27,300 daily trips and included the development of 2,300 dwelling units, 100,000 square feet of retail, and a 500-room hotel. Access to the Travertine Specific Plan was planned via three streets, the primary access from Madison Street, and minor access from Avenue 62 and from Jefferson Street/Avenue 58. In 2008, a proposed amendment to the Travertine Specific Plan included 1,400 dwelling units and a 500-room hotel generating 17,390 daily trips. The amended proposal represented a 39 percent decrease in dwelling nits, and a 36 percent decrease in total trip generation. From a capacity perspective, the Travertine Specific Plan area could be served by two two- lane roadways, or one 4-lane roadway. In view of the high cost of constructing off -site roadway improvements to provide access to the project site, it is critical that the access be appropriately sized. Therefore, the access streets of Madison Street, Jefferson Street, and Avenue 62 near the Travertine Specific Plan need to be carefully evaluated to ensure that a sufficient, but not excessive capacity is provided. Response G-3A: Comment noted. The City has been working with the project proponent and will continue to cooperate in the proponent's planned project revisions. Until such time as the City approves new land uses on the Travertine site, current entitlements must be used to model area traffic. As the City has consistently indicated, it will consider a revision to the City Circulation Element and Roadway Classifications concurrent with the submittal of a complete application for amendment to the approved Travertine Specific Plan. Comment G-4: Madison Street In Exhibit 5 of the TIA, the existing turning movement volumes for the intersection of Madison Street and Avenue 60 (Intersection 32) appear to be too high, unless the volumes represent primarily construction traffic. The six existing homes accessed via Avenue 60, west of Madison Street, should not generate 66 morning peak hour and 43 evening peak hour trips on this segment of Avenue 60. Furthermore, the primary traffic movement associated with these residents should be to/from the north, not to and from the east via Avenue 60. Traffic count data from 2008 that shows 18 vehicles in the morning peak hour and 6 vehicles in the evening peak hour on this leg of Avenue 60. Given the questionable existing traffic count data, the existing turning movements at this intersection should not be used as the basis to project the future turning movements. Doing so results in unrealistically high projections for Avenue 60, west of Madison Street. It also results in more northbound vehicles on Madison Street turning left into a relatively small low -density residential area via Avenue 60 than 1 355 Terra Nova/La Quinta General Plan Final EIR continuing northbound through the intersection toward the commercial and employment opportunities in the more developed portions of La Quinta. Response G4: Please see the TIA technical appendices, which have been provided to the commentor. The volumes cited for Madison Street and Avenue 60 are very low and subject to misinterpretation. Rather than surprising, the travel patterns through this intersection appear reasonable given the substantial labor market in the Thermal/Mecca area that are likely to support residential and golf course developments in the vicinity and elsewhere in the City. Comment G-5: General Plan Exhibit II-2 and EIR Exhibit III-18 incorrectly identify Avenue 62 as a modified 2-lane divided secondary arterial between Madison Street and Monroe Street. However, Figure 4 of the TIA correctly shows that Avenue 62, between Madison Street and Monroe Street, is a 2-lane undivided Modified Collector Street. Response G-5: Comment noted. The assignment of the "Modified Secondary" classification to this road segment was determined to be more appropriate given the existing land uses and assignments. It requires an additional four feet in right-of-way compared to the "Collector" classification. It should again be noted that the City will review a request to reclassify this roadway segment concurrent with the processing of the forthcoming Travertine Specific Plan amendment. Comment G-6: General Plan Exhibit II-2 and EIR Exhibit ITI-18 incorrectly identify Monroe Street, between Avenue 60 and Avenue 62, as a four -lane undivided Secondary Arterial. This segment of Monroe Street is currently classified as a Modified Secondary Arterial A (which is two-lane divided roadway with a lower capacity that a four -lane undivided roadway). Response G-6: Comment noted. The higher traffic volumes projected along this segment required the provision of corresponding roadway capacity; hence the assignment of the "Secondary Arterial' classification to this segment. Please note that referenced exhibits (General Plan Exhibit II-2 and EIR III-18) incorrectly characterizes the "Secondary Arterial' as an undivided roadway. As can be seen throughout the Draft Circulation Element and Draft EIR, Figure II-3 of the Draft General Plan and Exhibit III-19 provide the correct (divided) roadway cross section for this roadway. Comment G-7: General Plan Exhibit II-2, EIR Exhibit III-18, and the TIA Figure 4 identify Madison Street, extending between Avenue 60 and Avenue 62 as a Modified Secondary Arterial A. However, all of the future base maps in the TIA incorrectly show a break in Madison Street where it crosses the 28 356 Terra Nova/La Quinta General Plan Final EIR dike, south of Avenue 60. The future base maps should show that Madison Street will be connected between Avenue 60 and Avenue 62. Response G-7: Comment noted. Limited portions of the subject segment have yet to be built, and the precise future alignment of Madison Street over Dike 2 is yet to be determined. Comment G-8: TIA Figure 6 shows an existing bicycle route passing through the intersection of Madison Street and Avenue 62. The intersection of Madison Street and Avenue 62 does not currently exist. Therefore, a bicycle route through this intersection does not currently exist. On the City's website, the "City of La Quinta Bike Map" only extends south to Avenue 60. Therefore, it does not show an existing bike route extending through the intersection of Madison Street and Avenue 62. Response G-8: Comment noted. Changes are hereby incorporated by reference Comment G-9: General Plan Table II-12, EIR Table III-48, and Table 10 of the TIA show Madison Street (between Avenue 54 and Airport Blvd.) with a projected future traffic volume of 47,529 vehicles per day. This future projection is much higher than expected, based on development trends and trip generation studies in this area. Since the land south of this point is nearly 50 percent developed and the CVAG peak season daily traffic count for Madison Street is currently less than 10,000 vehicles per day, it appears unlikely that the General Plan buildout daily volume will exceed 30,000 ADT. The major specific plans in this area have been developing at approximately 50 percent of the densities permitted under the existing entitlements. In addition, the trip generation studies of developments such as PGA West and Trilogy have identified trip -generation rates consistent with age -restricted senior residential developments. The trip generation of residential developments in this area has been approximately 30 percent of the trip generation rates associated with traditional single-family residential dwellings. Extensive traffic counts at the access points to PGA West have identified a trip generation rate that is 35 percent of the traditional single-family residential trip generation rate, even though PGA West is not an age -restricted community. Was the trip generation assumed in the modeling for development in this area based upon the entitlements, census data, or the actual development that has occurred? How did the calibration run for existing development compare to the existing traffic volumes for Madison Street, between Avenue 54 and Airport Blvd.? The calibration run probably shows existing traffic projections much higher than the existing traffic count 351 Terra Nova/La Quinta General Plan Final EIR data. This would indicate that both the residential development intensities and trip -generation rates assumed for this area in the model were too high. Response G-9: Please seethe TIA technical appendices, which have been provided to the commentor. In addition to the substantial vacant land in this southeast quadrant remaining to develop, the County General Plan assigns land uses to the east and south that also make major contributions to area traffic. The model also recognizes that Airport Boulevard terminates at Madison Street and westbound traffic is channeled onto Madison Street at this point. The Draft EIR and TIA, traffic data include current traffic, existing and planned land uses, and a variety of socio-economic data go into the model's trip generation. As noted above, the LQTAM version of the RivTAM model will be available to qualified and County -approved RivTAM modelers in preparing other traffic analysis in the City and its Sphere -of -Influence, including project -specific analyses. Comment G-10: Figure 11 of the TIA shows year 2035 turning movement projections at the intersection of Madison Street and Avenue 60 (Intersection 32) that are not reasonable for this location. They indicate that approximately one-half of the northbound traffic on Madison Street turns west at Avenue 60. The northbound left-tum volume (from Madison Street onto Avenue 60) is projected to exceed the northbound through volume during the evening peak hours. At this intersection there should be very little traffic making a northbound left -turn movement since the west leg of Avenue 60 only serves a very small low -density residential development area. Response G-10: Please see the TIA technical appendices, which have been provided to the commentor. In addition to the largely undeveloped residential land located at the northwest comer of this intersection, an entrance to the Coachella Valley Recreation and Parks District regional park will be provided. As noted above, the Draft EIR and TIA, traffic data include current traffic, existing and planned land uses, and a variety of socio-economic data go into the model's trip generation. As noted above, the LQTAM version of the RivTAM model will be available to qualified and County -approved RivTAM modelers in preparing other traffic analysis in the City and its Sphere -of -Influence, including project -specific analyses. Comment G-11: Figure 13 of the TIA shows enhanced intersection treatments at Intersection 32 required because the traffic volume assigned to Avenue 60, west of Madison Street, was unrealistically high. There is minimal development planned west of Madison Street (low -density residential uses) with access to Madison Street opposite Avenue 60. Furthermore, Avenue 60, west of Madison Street is constructed as a local street with 36 feet of pavement that would not accommodate the four lanes of through traffic and dual eastbound left-tum lanes shown in Figure 13. There is a large development planned west of the existing Andalusia development, 358 Terra Nova/La Quinta General Plan Final EIR but its future access to Madison Street is planned midway between Avenue 60 and Avenue 58, not at Avenue 60. Response G-11: Comment noted. Please see Response G-10, above. Comment G-12: Page 40, 41, and 50 of the TIA, describe enhanced improvements recommended for Intersection 32 (Madison Street and Avenue 60). See Comment 10 and 11. This recommendation should be revised because the assumptions in the model for this intersection are not correct. Response G-12: Please see Response G-10,above. Comment G-13: Avenue 62 General Plan Table II-12, EIR Table III-48, and Table 10 of the TIA show a future volume of 9,624 vehicles per day for Avenue 62, between Madison Street and Monroe Street. However, Figure 11 shows that very little peak hour traffic is projected on Avenue 62, immediately west of Monroe Street (only 90 evening peak hour trips or approximately 1,100 daily trips). This seems to indicate that essentially all of the 9,624 vehicles per day were assigned to Avenue 62 from adjacent future land uses located south of Avenue 62 and traveled west to Madison Street then north to Avenue 60. The Keck property is located south of Avenue 62 and west of Monroe Street. It is our understanding that future development plans for the Keck property included access primarily to Monroe Street, south of Avenue 62. Only minimal emergency access was planned from the Keck property to Avenue 62, west of Monroe Street. The location of the node connectors from the Keck Property to Avenue 62 and/or Monroe Street were not documented in the TIA or the DEIR. However, a nodal connection should not be assumed between the Keck property and Ave 62. Response G-13: Please see the TIA technical appendices, which have been provided to the commentor. The County General Plan assigns land uses to the east and south that also make major contributions to area traffic. In addition to the largely undeveloped residential land located to the northwest the existing Lake Cahuilla County Park and the future Coachella Valley Recreation and Parks District regional park will draw traffic in this direction. As noted above, the Draft EIR and TIA, traffic data include current traffic, existing and planned land uses, and a variety of socio-economic data go into the model's trip generation. As noted above, the LQTAM version of the RivTAM model will be available to qualified and County -approved RivTAM modelers in preparing other traffic analysis in the City and its Sphere -of -Influence, including project -specific analyses. Comment G-14: General Plan Table II-12, EIR Table III-48, and Table 10 of the TIA incorrectly identified Avenue 62, between Madison Street and Monroe 359 Terra Nova/La Quinta General Plan Final EIR Street, as a 4-lane Modified Collector with a daily capacity of 28,000 vehicles per day, rather than a 2-lane Modified Collector with a daily capacity of 14,000 vehicles per day. If the traffic network in the model incorrectly assumed the speed for a four -lane roadway for Avenue 62,between Madison Street and Monroe Street, it would attract more future traffic than the correct two-lane Modified Collector designation resulting in a future volume projection that is unrealistically high. Response G-14: Comment noted. It was determined that following the traffic analysis, the capacity of a "Modified Collector" (2 lanes divided/84-foot right-of-way) was sufficient to meet future demand and that the larger roadway was not warranted. Comment G-15: Figure 1 I of the TIA shows a morning plus evening peak hour volume for Intersection 37 (Monroe Street at Avenue 62) of 26 in the eastbound direction, and 3 in the westbound direction. How was this traffic distribution determined? The atypical directional split seems to imply that all vehicles are going eastbound on Avenue 62 past Monroe Street in the peak hours and essentially no vehicles return in the westbound direction on Avenue 62 in the peak hours. Response G-15: As noted above, such small volumes have a higher degree of variance from existing and projected large volume flows. Please see the TIA technical appendices, which have been provided to the commentor. As noted above, the Draft EIR and TIA, traffic data include current traffic, existing and planned land uses, and a variety of socio-economic data go into the model's trip generation. As noted above, the LQTAM version of the RivTAM model will be available to qualified and County -approved RivTAM modelers in preparing other traffic analysis in the City and its Sphere -of -Influence, including project -specific analyses. Comment G-16: Figure 12 of the TIA shows the future lane geometries for Intersection 37 (Monroe Street at Avenue 62) with two westbound through approach lanes opposite a single westbound exit lane on Avenue 62 serving a peak hour westbound through volume of only 3 vehicles per hour. As a Modified Collector, Avenue 62 will only provide one through lane in each direction between Monroe Street and Madison Street, Response G-16: As noted, the major influences on future traffic at this intersection are County -assigned land uses to the east. It should be noted that the originally recommended improvements were modest and for the westbound traffic relied on combined through -right and combined through -left lanes, which adequately address projected General Plan 2035 buildout volumes. The final design has a limited effect on capacity, especially in light of the overall future volumes. Hence, the change to a single combined left -through lane and a dedicated right turn lane was 360 Terra Nova/La Quinta General Plan Final FIR ultimately recommended for this intersection. Signalization will only occur when and if warranted. It should be noted that the Circulation Element provides the option of implementing a two lane roundabout at this intersection to meet buildout future needs. Comment G-17: Figure 12 and 13 of the TIA show that Intersection 37 (Monroe Street at Avenue 62) will have a traffic signal in the future, but the volumes shown on Figure 11 for Intersection 37 would not meet traffic signal warrants. The westbound right -turn volume should not be included as part of the westbound approach volume because of the recommendation for an exclusive westbound light -turn lane and the right -turn movement does not conflict with the large southbound left-tum movement. Response G-17: As noted above, the final design has a limited effect on capacity, especially in light of the overall future volumes. Hence, the change to a single combined left -through lane and a dedicated right turn lane was ultimately recommended for this intersection. Signalization will only occur when and if warranted. It should be noted that the Circulation Element provides the option of implementing a two lane roundabout at this intersection to meet buildout future needs. Comment G-18: The mitigation assumed for Intersection 37 was not appropriate to mitigate the impact at this intersection. Table 8 of the TIA shows Intersection 37 operating at LOS E during the evening peak hour. Footnote 3 states that signalization of the existing lanes was assumed for this intersection. This footnote is not correct because the text referencing Table 8 states that the analysis is based upon the future lane configurations shown in Figure 11 and the future approach lanes in Figure I I are not the same as the existing approach lanes at Intersection 37. Traffic signals would not be installed because signal warrants are not met by these volumes. Response G-18: Comment noted. Please note that the Circulation Element provides the option of implementing a two lane roundabout at this intersection to meet buildout future needs. Signalization will only occur when and if warranted. Comment G-19: Jefferson Street The TIA did not provide any future traffic projections or level of service analysis for Jefferson Street between Avenue 58 and Avenue 62 (at Madison Street). In order to understand how the TIA addresses future development in the Travertine Specific Plan area, it is critical to at least provide year 2035 traffic volumes and identify the trip generation assumed for Section 5 and the surrounding development areas. Response G-19: As noted above and as evident from Exhibit II-9 of the Draft General Plan and Exhibit I1-17 of the Draft EIR, the cited segment of Jefferson Street 361 Terra Nova/La Quinta General Plan Final EIR between Avenues 58 and 62 will largely serve adjoining land uses and is not a part of the larger regional circulation network. The cited segment of Jefferson Street primarily serves development in the vicinity of Lake Cahuilla, The Quarry and the Travertine and Green (Coral Canyon) Specific Plans. Comment G-20: Other Comments As discussed in Comment 13, the LQTAM appears to project approximately 9,000 daily trips on Avenue 62 generated by the future development of the Keck property (located south of Avenue 62 between the dike and Monroe Street). Based upon the LQTAM projections, future traffic will access the Keck property by crossing the dike and using Madison Street to travel to/from the north. If this is the case, the future traffic generated by the development of the Keck property would comprise a sizeable portion of the traffic utilizing the future Avenue 62 crossing of the dike as well as the future bridge needed to extend Madison Street from Avenue 60 to Avenue 62. Consequently, the developers of the Keck property would be responsible for paying their fair -share percentage of the construction of the dike crossing and the extension of Madison Street. It was our understanding that plans for the Keck property take access primarily from Monroe Street (south of Avenue 62). The last Keck property plans that we saw did not have an access designed to take advantage of future roadway improvements to Avenue 62 and Madison Street on the west side of the dike. If the Keck Property takes access primarily from Monroe Street and only takes emergency access to Avenue 62, the traffic assignment to Avenue 62 and Madison Street should be eliminated in the model. This may also reduce the problematic traffic volume on Madison Street, south of Avenue 54, but may increase the demand on Monroe Street, north of Avenue 62. Response G-20: The projected 9,600 average daily vehicles on •this roadway segment include traffic originating from outside the General Plan planning area. It also conveys traffic destined for Travertine and future development on Keck property lands to the south. Other land uses to the north, including the Lake Cahuilla County and the future CVRP District regional parks, and access to the commercial districts of the City will also be facilitated by this segment and its eventual connection to Madison Street. Regarding fair share distribution of costs and the Keck property located in the county and outside the La Quinta General Plan planning area, the County has designated the Keck property "Agriculture" (with a "Community Development" overlay, which would limit non-agricultural uses to very low density residential. At this time, there is very limited foreseeable development potential associated with the Keck property. Neither are there any specific development (or development access) plans beyond the current high -value agriculture occurring on this site. 34 362 Terra Nova/La Quinta General Plan Final EIR Comment G-21: The documentation provides no way to determine the trip generation assumed for the Travertine Specific Plan or the surrounding land uses located south of Avenue 58 and west of Monroe Street. Without this information, the Travertine development cannot verify that the modeled trip generation for this area is consistent with current development plans. Response G-21: Comment noted. It should be noted that the commentor has prepared several traffic analyses for the Travertine project and has incorporated analysis of surrounding lands in these studies. There have been numerous discussions regarding circulation within and in the vicinity of the Travertine project. The trip generation potential of the Travertine project, as well as the approved Coral Canyon TTM 33444 (Green Specific Plan), have been thoroughly analysed. Also, please see the TIA technical appendices, which have been provided to the commentor. 35 11 363 Terra Nova/La Quinta General Plan Final EIR H. CITY OF INDIO Comment H-1: While the Draft EIR mentions that several roadways and intersections are shared with other jurisdictions and while the Draft EIR suggests that cooperation and communication with adjacent jurisdictions is needed, there has been no meaningful communication with our City Traffic Engineer (Mr. Tom Brohard) during the preparation of the Traffic Impact Analysis (other than an introductory call from Iteris indicating that their work on this project had begun). In fact, the list of organizations, persons, and documents consulted shown in Section IX of the Draft EIR does not list or identify any persons or documents from the City of Indio or any other municipality. Rather than preparing their Draft EIR in a vacuum, the City of La Quinta consultants for this project should have discussed various recommendations with the City of Indio and others, particularly those involving adding lanes within the City of Indio, to mitigate significant traffic impacts caused by intensified land use in the City of La Quinta and its sphere of influence. Response H-1: During the course of preparing the General Plan update and conducting associated traffic analysis, the City and project consultants conferred with and solicited input from the adjoining cities and the County of Riverside, as well as the Coachella Valley Association of Governments and the Southern California Association of Governments. These consultations included direct conversations with City Indio staff, including several discussions between the City Public Works Director and the Indio Traffic Engineer. Comment H-2: 1) Existing Conditions - Regional Roadways - The discussion of State Highway I I I as a Regional Roadway beginning on Page 111-204 of the Draft EIR should be modified to indicate that the State relinquished this roadway several years ago to the local cities and the only portion of State Highway I11that remains in the Coachella Valley is in the City of Palm Springs. The Highway III discussion should also be moved into the discussion of Local Major Highways beginning on Page 111-205 of the Draft EIR. Response H-2: Comment noted. Changes are hereby incorporated by reference. Comment H-3: 2) Roadway Segment Analysis for General Plan Buildout - Table 111-48 beginning on Page 111-221 of the Draft EIR contains some significant spikes in future traffic volumes from block to block. These increases do not appear to be reasonable as the adjacent properties are mostly developed at this time. The following Year 2035 ADT forecasts on roadways shared with the City of Indio require further validation: 364 Terra Nova/La Quinta General Plan Final EIR a. Jefferson Street from Avenue 48 to Avenue 50 - In this segment, 2035 ADT volumes are 7,000 higher south of Avenue 48 and 18,000 higher north of Avenue 50 than the adjacent segments. b. Highway I I I from Dune Palms Road to Jefferson Street - In this segment, 2035 ADT volumes are 10,000 higher east of Dune Palms Road than the adjacent segment to the west. c. Avenue 4 rom Dune Palms to Jefferson Street - In this segment, 2035 ADT volumes are 16,000 higher east of Dune Palms Road than the segment to the west. d. Avenue 50 from Jefferson Street to Madison Street - In this segment, 2035 ADT volumes are 14,000 higher east of Jefferson Street than the segment to the west. Response H-3: As noted in the Draft Circulation Element, Draft EIR and General Plan traffic study, existing and future traffic volumes on analyzed streets were modeled using a focused version of the regional RivTAM traffic model. Due to the development pattern in the area, most traffic generated travels on major roadways located along section lines. Specific to the four cited routes the following should help explain the modeled traffic volumes for buildout year 2035: ' A. Jefferson Street from Avenue 48 to Avenue 50: The difference between volumes north and south of Avenue 48 result from the channeling of the difference east to Jefferson where sufficient roadway capacity will be available to accommodate the future north -south volumes. B. Highway I I I from Dune Palms Road to Jefferson Street: The volume differences cited in the comment that occur along Highway I I I in 2035 can be attributed to the remaining lands available for development along Highway I I I and east and west of Jefferson Street. The traffic model assigns traffic based on current and long-term movement patterns and also takes advantage of those roadways with available capacities. As a result, traffic on Dune Palms Road is projected to more than double in 2035 and to nearly double along Jefferson Street in 2035, for segments both north and south of Highway 111, thereby reducing volumes on the referenced segment of Highway 111. C. Avenue 48 from Dune Palms Road to Jefferson Street: The difference between volumes east and west of Dune Palm Road result from the channeling of future traffic east to Jefferson where sufficient roadway capacity will be available to accommodate the future north -south volumes. As can be seen from the model results, Washington Street is expected to operate at capacity, which will encourage future traffic to take advantage of Jefferson Street where additional capacity will be available. D. Avenue 50 from Jefferson Street to Madison Street: As with the above response to item C., above, the difference in volumes is attributable to the 37 365 Terra Nova/La Quinta General Plan Final EIR model's channeling of future traffic to Jefferson Street and Madison Street where additional capacity will be available. Comment H-4: 3) Intersection Impact Analysis- Table 111-49 beginning on Page 111- 226 of the Draft EIR provides AM and PM Peak Intersection Analysis with 2035 buildout volumes during the peak season. The table should be expanded to indicate and more clearly disclose the additional lanes/traffic control measures that are required, particularly those additions in other jurisdictions including Indio. From Exhibit 111-21 to achieve LOS "D" or better, the following additional lanes are needed according to the Draft EIR at the intersections that are shared between La Quinta and Indio: a. Jefferson Street and Fred Waring Drive - 50% Indio; 50% La Quinta - Add westbound right turn lane in Indio. b. Jefferson Street and Highway 111 - 75% Indio; 25% La Quinta -Add 3rd southbound left turn lane and 4th southbound thru lane in La Quinta; add 4th northbound thru lane in Indio. c. Jefferson Street and Avenue 50.- 25% Indio; 75% La Quinta -Add 2nd eastbound left turn lane in La Quinta; add 2nd westbound left turn lane and 2nd westbound thm lane in Indio. d. Madison Street and Avenue 50 - 75% Indio; 25% La Quinta - The proposed lane additions in the Draft EIR have been modified by the Indio/La Quinta Project Development Team (PDT) working together on the improvement of Madison Street to eliminate the possible need for a third northbound thru lane in Indio. The Draft EIR should be updated to reflect the ultimate intersection geometry approved by the PDT on July 24, 2012. These lane additions in the City of La Quinta now include a 2nd eastbound thru lane and an eastbound right turn lane. Lane additions in the City of Indio now include a 2nd southbound left turn lane, a second southbound thru lane, and a southbound right turn lane; a 2nd northbound left turn lane, a 2nd northbound thru lane, and a northbound right turn lane; and a 2nd westbound thru lane and a westbound right turn lane. A traffic signal will also be installed at this intersection. e. Madison Street and Avenue 52 - 25% Indio; 75% La Quinta - The proposed lane additions in the Draft EIR have been modified by the Indio/La Quinta PDT working together on the improvement of Madison Street to eliminate the possible need for a third northbound thru lane in Indio. The Draft EIR should be updated to reflect the ultimate intersection geometry approved by the PDT on July 24, 2012. These lane additions in the City of La Quinta now include two southbound left turn lanes, a second southbound thm lane, an a southbound right turn lane; a 2nd northbound left turn lane and a 2nd northbound thru lane. Lane additions in the City of Indio now include a 2nd westbound thru lane. A traffic signal will also be installed at this intersection. 366 Terra Nova/La Quinta General Plan Final EIR f. Monroe Street and Avenue 52 - 50% Indio; 25% La Quinta; 25% County - Add 2nd eastbound thru lane in La Quinta; add 2"d southbound left turn lane, 2nd southbound thin lane and southbound right turn lane in Indio; add 2nd westbound thru lane in Indio; add two northbound left turn lanes, a 2nd northbound thru lane, and a northbound right turn lane in the County. Response H-4: Required intersection improvements for buildout year 2035 are set forth in detail for each of the 37 intersections analyzed starting on page II-88 of the Draft General Plan. They are also presented graphically in Exhibit II- I 1 of the Draft General Plan and in Exhibit III-21 of the Draft EIR. Those intersections shared with other jurisdictions, where there is some question of the feasibility of recommended improvements, are discussed in both the Draft General Plan and Draft EIR. Specific to the intersections raised in the City's comment letter: A. Jefferson Street and Fred Waring Drive: Comment noted. A westbound right turn lane already exists at this intersection but will need to be shifted north to provide room for a third west bound through lane corresponding to the existing third westbound through lane on the west leg of the intersection. The above referenced figure shall be revised to reflect the need for the additional westbound through lane. B. Jefferson Street and Highway 111: Comment noted. The need for an additional southbound left turn lane, a fourth southbound through lane and a fourth northbound through lane are already properly noted ion the referenced exhibits. As discussed on page III-234 of the Draft EIR and as set forth in policies in the Draft Circulation Element, the City shall continue to coordinate with the City of Indio to implement Transportation Systems Management (TSM) and Transportation Demand management (TDM) programs to reduce traffic volumes at this intersection. C. Jefferson Street and Avenue 50: Comment noted. The need for a second eastbound left turn lane and a second westbound left turn lane are already properly noted on the referenced exhibits. The City of Indio already has paved improvements sufficient to provide the recommended combined second westbound through/right turn lane, and appears to have sufficient room for a dedicated westbound right turn and dedicated second westbound through lane when restriping for these becomes necessary. D. Madison Street and Avenue 50: The issue with this intersection is associated with clearing northbound traffic through the intersection. It does not require continuing three northbound lanes, the Draft General Plan and EIR showing adequate roadway capacity north of Avenue 50 with a four lane divided roadway. As noted in the City of Indio comment letter, the Indio/La Quinta Project Development Team comprised of city staffs 39 3C Terra Nova/La Quinta General Plan Final EIR have worked to avoid the need for the referenced northbound through lane. The team reportedly agrees that a dedicated eastbound right turn lane should be planned, although the General Plan traffic analysis indicates that a combined through/right turn lane would suffice at this location. This change is hereby incorporated by reference in the EIR and will be incorporated in the final General Plan. Both the Draft General Plan and EIR recommend on -going monitoring of the performance of this intersection and the application of TSM and TDM programs that may assure that it continues to operate at an acceptable level of service in 2035. E. Madison Street and Avenue 52: The recommended intersection improvement set forth in the Draft General Plan and EIR are not consistent with those cited in the City of Indio's comment letter. Consistent with the City's comments, the Draft General Plan and EIR recommend the same improvements as those reportedly establish by the Indio/La Quinta Project Development Team comprised of city staffs. The one inconsistency is the recommendation for a second northbound left turn lane, which is not required by the General Plan traffic analysis but which would help transfer future northbound traffic to the west and reduce otherwise anticipated volumes on the northbound leg at the intersection of Madison Street and Avenue 50. This change is hereby incorporated by reference in the EIR and will be incorporated in the final General Plan. F. Monroe Street and Avenue 50: The intersection improvements cited in the City of Indio's comment letter are consistent with those set forth in the Draft La Quinta General Plan and EIR. Comment H-5: 4) Intersections Potentially Worse Than LOS "D"- The underlying analysis in the Draft EIR is very conservative, having bumped up the October traffic counts by 10 percent to reflect higher volumes in January, February, and March. This baseline increase of 10 percent effectively translates to a drop in LOS from "D" to "E" at these intersections. Constructing costly additional improvements to maintain LOS "D" for the highest traffic volumes during three months of the year, when these intersections will operate at LOS "D" or better for the other nine months of the year, is not justified during these difficult economic conditions. Since our Circulation Plan Update in 2008, the City of Indio allows LOS "E" under certain conditions (see attached). Many other jurisdictions in California also allow LOS "E" under these or similar conditions. For intersections shared with the City of Indio, especially those where Indio has jurisdiction over 75 percent of the intersection, the City of La Quinta should reconsider its LOS "D" standard and also allow LOS "E" under certain conditions. Mitigation measures necessary to achieve LOS "E" should be identified and more clearly disclosed in separate tables and figures, together with identification of improvements that are required 40 363 Terra Nova/La Quinta General Plan Final EIR within the City of Indio. According to the Draft EIR, intersections shared between the Cities of La Quinta and Indio that may operate at worse than LOS "D" include: a. Jefferson Street and Highway I I I - Only 25% of this intersection is in the City of La Quinta, with 75% of the intersection within the City of Indio. While adding a third SB left turn lane may be feasible, adding fourth northbound and southbound that lanes on Jefferson Street will require additional right of way in the City of Indio. Both cities have constructed what are typically considered the maximum practical improvements at Jefferson Street and Highway I I I including dual left turn lanes, three thru lanes, and separate right turn lanes with green arrow overlaps on each approach. Further widening of the intersection which necessitates purchase of right of way and could result in other environmental impacts is not acceptable to the City of Indio. In accordance with the attached policy, LOS "E" conditions will therefore be acceptable if they should occur at buildout in Year 2035 during the peak season (January thru March) at Jefferson Street and Highway 1 I in the City of Indio. b. c. Madison Street.and Avenue 50 - Only 25% of this intersection is in the City of La Quinta, with 75% of the intersection within the City of Indio. The revised lane configurations approved by the Indio/La Quinta PDT will result in LOS "D" or better operating conditions in Year 2035. Further widening of the intersection which necessitates purchase of additional right of way and could result in other environmental impacts is not acceptable to the City of Indio. In accordance with the attached policy, LOS "E" conditions will therefore be acceptable if they should occur at buildout in Year 2035 during the peak season (January thru March) at Madison Street and Avenue 50 in the City of Indio. Response H-5: The use of a 10 percent weighting factor to arrive at peak season traffic volumes based on off-peak volumes is modestly conservative. Historically, growth in traffic volumes have increased beyond previously modeled predictions and therefore weighting peak season traffic seems a prudent approach since the acquisition of future rights of way will be precluded in most cases once development has occurred. Specific to two cited intersections projected to operate at worse than LOS D at 2035 buildout the following clarifications are provided: A. Jefferson Street and Highway 111: Both the Draft La Quinta General Plan and EIR note that required improvements to maintain LOS D operating conditions at this interest in 2035 are probably not feasible and that other efforts should be applied, including TSM and TDM programs, to optimize long-term operating conditions. It should be noted that the City of La Quinta, recognizing constraints to further improvements at this 369 Terra Nova/La Quinta General Plan Final EIR intersection, intends to adopt findings of overriding consideration for this and other intersections and roadways segments that are projected to operate at worse than LOS D conditions at the 2035 buildout period. B. Madison Street and Avenue 50: As previously discussed above under Item D., the issue with this intersection is associated with clearing northbound traffic through the intersection. The India/La Quinta Project Development Team comprised of city staffs have worked to avoid the need for the referenced northbound through lane and this change is hereby incorporated by reference in the EIR and will be incorporated in the final General Plan. Both the Draft General Plan and EIR recommend on -going monitoring of the performance of this intersection and the application of TSM and TDM programs that should assure that it continues to operate at an acceptable level of service in 2035. It is recommended that the City of Indio also consider other strategies, including TSM and TDM programs to improve operating conditions at those intersections where Indio anticipated long-term LOS E operating conditions. It should also be noted that the City of La Quinta, recognizing constraints to further improvements at this intersection, intends to adopt findings of overriding consideration for this and other intersections and roadways segments that are projected to operate at worse than LOS D conditions at the 2035 buildout period. Finally, it should also be noted that the City of Indio comment letter further argues that it finds that LOS D improvements are expensive, that LOS E operating conditions at many of its intersections is acceptable and that Indio has incorporated the LOS E standard into its 2008 Circulation Plan update. Inasmuch as the peak season population (residents and visitors) represent an important part of the local economy, and that both the Cities of Indio and La Quinta host and are beneficiaries of major peak season events, assuring acceptable levels of service during this period is a valuable investment. 42 .it 370 Terra Nova/La Quinta General Plan Final EIR I. COUNTY OF RIVERSIDE TRANSPORTATION AND LAND MANAGEMENT AGENCY Comment I-1: The Riverside County Transportation Department (RCTD) has reviewed the Circulation Element for the City of La Quinta General Plan. The County requests that any roadway designations within the City's Circulation Element that extend to the City/County boundary and the City's sphere of influence and that differ from the County's designations be coordinated with County staff. Specifically the RCT has compared the City's Circulation Element to the County's current Circulation Element and the Circulation Element the County will be proposing in its own update to the County General Plan. The RCTD is primarily concerned with potential conflicts regarding the proposed designations on Harrison Street (former SR-86) and Avenue 62 within the City's Circulation Element. Based on discussions with City staff, the County understands that Harrison Street was modeled for the City's General Plan as an 8 lane divided facility and that the City's traffic model demonstrated the need for a facility of this size. The County concurs that an 8 lane facility will need to be accommodated in the future for Harrison Street. However, as of the writing of this letter the last published version of the City's General Plan showed Harrison Street as a Major Arterial Highway (6 lanes divided within 128 feet of right- of -way). The County requests the City incorporate a cross-section for an 8 lane divided highway into the City's General Plan and that the designation of Harrison Street would be changed to that cross-section. The County requests that the City's cross-section would generally conform to the attached cross-section. Response I-1: It is correct that General Plan buildout conditions for Harrison Street were modeled assuming an 8-lane divided roadway. The General Plan Circulation Element, including Exhibit II-2: General Plan Roadway Classifications, will be revised to reflect the 8-lane facility as an Augmented Urban Arterial as shown in the previous version of the General Plan. The City also agrees that the Augmented Urban Arterial to be incorporated in the updated General Plan Circulation Element will substantially conform to the improvement standards and overall right-of- way set forth in the County's Roadway Standard No. 87. Please note that lane widths vary somewhat from the County's standard; however, these should not significantly affect implementation of substantially consistent improvements. Comment I-2: The City is proposing that Avenue 62 be designated as a Secondary Arterial Highway (4 lanes undivided within 102 feet of right-of-way). The County has previously analyzed this roadway in the South Valley Parkway 311 Terra Nova/La Quinta General Plan Final FIR Traffic Study and Roadway Phasing Plan dated April 4, 2007 prepared by Kimley-Horn and Associates, Inc. The conclusions of that study indicated that the portion of Avenue 62 that falls within the City's General Plan between Monroe Street and Harrison Street should be planned for four lanes within 220-feet of right-of-way. The County has done additional traffic modeling of this corridor in connection with a proposed update of the County's General Plan using the RIVTAM model. The assumptions of model for the proposed General Plan incorporated approved Specific Plans within this portion of the County, but otherwise did not use the proposed land use assumptions of the South Valley Parkway. The General Plan update model analyzed the full future build -out of all unincorporated and incorporated areas beyond the 2035 horizon, and the model has indicated that traffic volumes on Avenue 62 will warrant at least a 6 lane divided facility at full build -out. The County continues to recommend that Avenue 62 should be designated in such as way that sufficient right-of- way will be preserved for the accommodation of ultimate future growth and that at a minimum will permit the construction of a 6 lane divided facility. The County believes that a minimum of 152 feet of right -of -way should be preserved for this roadway, especially between Jackson Street and Harrison Street. Response I-2: Comment noted. As discussed with County Transportation Department staff during our August 21, 2012 teleconference, consultations between the City's traffic consultant and County Demographics staff indicated that the RivTAM model had utilized the unadopted land use designations set forth in the draft South Valley Parkway project. Regardless of whether these data were included in the modeling effort, County Transportation also indicates that RivTAM output is based upon buildout of all incorporated and unincorporated lands in the County, including those set forth in the currently proposed but not yet adopted Eastern Coachella Valley Area Plan. The County's request that sufficient right-of-way be secured along Avenue 62 between Harrison Street and Monroe Street to allow for an ultimate 6 lane divided roadway is understandable. However, in previous discussions with the County, the City has expressed its concern regarding planning for such a large capacity roadway along Avenue 62 and was assured that a four -lane facility east of Harrison Street would be acceptable. Nonetheless, the City has determined that between Harrison Street and Monroe Street, Avenue 62 can be designated as a Major Arterial (128 foot right-of-way), which is sufficient to construct a 6-lane divided roadway. The General Plan shall only require the construction of a 4-lane divided facility, reserving the unused right-of-way for additional lanes in the event these are needed in the future. 44 372 Terra Nova/La Quinta General Plan Final EIR Comment I-3: The County has adopted Community Design Guidelines for an area known as Vista Santa Rosa (VSR). The boundaries of this community include the unincorporated portions of the City of La Quinta's General Plan, covering the City's current sphere of influence and extend further to the south between Avenue 62 and Avenue 66 on the north and south and between Monroe Street and Harrison Street on the west and east. The County requests that the City would cooperate with the County in preserving the VSR community identity within its full boundaries. The County desires that this area remain intact through inclusion within the sphere of influence of one city and that future planning would consider all portions of this community. Response I-3: Comment noted. The City will continue to cooperate with the County in preserving the community of Vista Santa Rosa (VSR) within its full boundaries. As the County is aware, the Local Agency Formation Commission (LAFCO) sets the boundaries of a cty's Sphere -of -Influence. Nonetheless, when considering future planning under the City of La Quinta's jurisdiction within the Vista Santa Rosa area, the City shall give thoughtful consideration to all portions of the VSR community. 373 Terra Nova/La Quinta General Plan Final EIR J. COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT Comment J-1: The District is a non -enterprise independent special district accountable to the citizens of the Coachella Valley, charged with the protection of public health through the control of vectors and vector -borne diseases within its boundaries. We operate under the California Health and Safety Code Division 3, Sections 2000-2910 (known as the Mosquito Abatement and Vector Control District Law). Our activities include the prevention and control of mosquitoes, filth flies, eye gnats, and the red imported fire ant. Response J-1: Comment noted. Comment J-2: The General Plan Update may result in increases in these vector populations and impact the ability of the District to control vectors. Specifically, the expansion of La Quinta into its Sphere of Influence to the south and east will increase the likelihood that residents encounter vector and nuisance insects in agricultural and wetland habitats. Response J-2: Comment noted. Comment J-3: Mosquitoes Within the urbanized areas of La Quinta, as well as the rest of the Coachella Valley, mosquitoes breed in storm drain systems, neglected swimming pools, poorly designed or damaged landscape irrigation systems, and other containers that hold water for at least 96 hours. The most important vector species are the encephalitis mosquito and the southern house mosquito. These species can vector (transmit) West Nile virus, western equine encephalomyelitis and St. Louis encephalitis to humans. Additionally, West Nile virus and western equine encephalomyelitis can infect horses, which is of interest to La Quinta due to its numerous equestrian trails. Response J-3: Comment noted. Comment J-4: The General Plan Update indicates that the number of dwelling units in the planning area will be increased to 53,103. The current number of dwelling units that are occupied year-round is 14,820 of the 23,489 available. If the current year-round occupation rate is kept constant at 63%, then 19,648 dwelling units could be expected to be unoccupied. If the current number of seasonal, recreational, and occasional use homes remains the same (27.5% according to the 2010 U.S. census), then 14,603 homes will be vacant for at least part of the year. Response J-4: Comment noted. Me 37� Terra Nova/La Quinta General Plan Final EIR Comment J-5: The District conducts aerial photography to determine if pools are neglected. In April 2012, we identified 245 pools in La Quinta as possibly being neglected, or approximately 1% of the dwelling units present. With an increase in dwelling units, we might expect this to reach 530 pools at build out. We currently see that approximately half of the pools on our possibly neglected list require treatment and follow-up inspections. Response J-5: Comment noted Comment J-6: Storm drains, catch basins, dry wells, and detention basins are also commonly used as breeding sites for mosquitoes within the urban environment. Given that 2,084.5 acres of street rights of way are proposed to be built under the Preferred Plan, we expect that more storm drains will be built. We applaud La Quinta's commitment on page V-4 to be a Full Service Community. We agree that "storm drains ... [are] maintained in good working order and of adequate service level to address existing and future needs" is an important Guiding Principle and a task that ensures effective use of mosquito control products. Response J-6: . Comment noted Comment J-7: As the agricultural areas of the Sphere of Influence are built, residents are likely to encounter floodwater mosquitoes known as Psorophora. These mosquitoes are not vectors of disease; however, they are active day and night and are very painful biters. The addition of residents in the area will result in additional service requests, increasing our workload. Response J-7: Comment noted. Comment J-8: Filth flies and eye gnats As the area within the La Quinta Sphere of Influence is developed from agricultural property into dwelling units, we expect to receive more requests for control of filth flies and eye gnats. Most flies lay eggs in decaying plant or animal matter as can be found in agricultural practices. We have seen the development of homes in traditionally agriculture areas result in unhappy homeowners who are not pleased with the presence of adult flies. We can and do recommend methods of preventing breeding sources of flies, but properties that are zoned for agriculture do have potential for fly breeding even when practicing standard and acceptable agricultural practices as defined by the California Health and Safety code. Response J-8: Comment noted. 375 Terra Nova/La Quinta General Plan Final EIR Comment J-9: Red imported fire ants (RIFA) While the red imported fire ant (RIFA) is not a vector of disease, it is an invasive species within the Coachella Valley that produces a very painful sting. People may experience localized pain or swelling and in some cases, anaphylactic shock. In urban areas, they build mounds close to buildings, in school yards, athletic fields, golf courses, and parks. In agricultural areas, they can build mounds near water sources and drip irrigation systems, feed on seeds and budding fruits, and sting livestock. La Quinta already has several golf courses that are infested with RIFA, and further creation of green spaces will likely result in the spread of the insect into the currently less urbanized Sphere of Influence. Response J-9: Comment noted. Comment J-10: We applaud the City of La Quinta's commitment to using desert landscaping techniques as well as the development of educational programs and demonstration gardens to inform the public and businesses of water efficient techniques and sustainable practices. Reducing water use, particularly wasted water that flows into storm drains, will result in decreases in vector populations. We encourage the city to work with us and future developers to use vector prevention strategies when building storm drains and choosing landscape options. Response J-10: Comment noted 48 370 Terra Nova/La Quinta General Plan Final FIR K. RIVERSIDE COUNTY PLANNING DEPARTMENT Comment K-1: The Vista Santa Rosa Design Guidelines were adopted by the Riverside County Board of Supervisors in January 2009, after completion of this collaborative effort and are available at the following link: http://www rctlma or planning/content/dewroc/¢ttidelines/vistasantarosa/ vistasantarosalo ousaseguides.pdf. The County of Riverside requests that continued consideration of the comprehensive identity for the Vista Santa Rosa community, as referenced and detailed within the Design Guidelines, is incorporated into the City's updated General Plan and any other associated planning documents. Response K-1: Comment noted. As stated in the General Plan and the DEIR, a Master Plan is required for the City's eastern sphere of influence prior to annexation. The purpose of the Master Plan is, in part, to incorporate the character of the area in future development efforts. The City is familiar with the Design Guidelines, and the process that led to their completion, and will continue to include the Vista Santa Rosa community's vision in its planning efforts in the future. 49 A 377 Terra Nova/La Quints General Plan Final FIR L. HOFFMAN LAND DEVELOPMENT COMPANY Note: The Hoffman Land Development Company comment letter was submitted with and is associated with a separate letter provided by Endo Engineering, whose comments are addressed separately in Comment Letter G, above. Comment L-1: We have made numerous requests to staff to work with us to review and analyze the modification and/or the possible deletion or conversion to emergency access of one or more of these roads as part of this General Plan Update. Staff has advised that such review and analysis is not timely and should be undertaken later as part of a Specific Plan review of the Travertine property. We have respected this requested, as it has been our understanding that the City intends to review and apply the circulation element flexibly in this area of the City understanding that among other things, it is not in the public interest to construct roads that are unnecessary or oversized. The Endo Engineering analysis of the report reveals that this southerly area of the City was not extensively studied and much detailed information is lacking when compared to the analysis performed in other areas. . For the above reasons we request that a written statement be included in the policy document confirming that circulation will be flexibly interpreted in the Southerly Jefferson/Avenue 58/Madison/Avenue 62 area and further that an acknowledgement of this be included in the EIR Circulation analysis. Response L-1: Comment noted. The City has been working with the Travertine project proponent and will continue to cooperate in the proponents planned project revisions. Until such time as the City approves new land uses on the Travertine site, current entitlements must be used to model area traffic. As the City has consistently indicated, it will consider a revision to the City Circulation Element and Roadway Classifications concurrent with the submittal of a complete amendment to the approved Travertine Specific Plan. Again, it is noted that the commentor's traffic engineer (Endo Engineering) has prepared several traffic analyses for the Travertine project and has incorporated analysis of surrounding lands in these studies. These data have been shared with the General Plan traffic consultant. There have been numerous discussions regarding circulation, and multiple land use scenarios were modeled for this area, including the vicinity of the Travertine project. The trip generation potential of the Travertine project, as well as the approved Coral Canyon TTM 33444 (Green Specific Plan), have been thoroughly analyzed as well. Also, please see the TIA technical appendices, which have been provided to the commentor. 50 378 Terra Nova/La Quinta General Plan Final EIR Also note that the Policies in the Draft General Plan Circulation Element provide the City with flexibility in responding to changing conditions and the need for or appropriateness of adjusting rights of way and improvements to meet long -tern capacity needs along segments and at City intersections. 373 Terra Nova/La Quinta General Plan Final EIR M. AGUA CALIENTE BAND OF CAHUILLA INDIANS Note: This letter was mailed to the City on September 6t', one week after the close of the comment period. Although the City is not obligated to respond under CEQA, it has been included in this response to comments. Comment M-1: According to our records on Cahuilla landscapes, there are traditional cultural properties exist within the General Plan area that have not been documented Dr. Lowell Bean's book The Cahuilla Landscape (1991) and Frank Patencio's book, Stories and Legends of the Palm Springs Indians (1943) describe two Cahuilla place name locations. Cow on vah al ham ah is a settlement area for the Cahuilla located east of Happy Point. The area is associated with the Cahuilla culture hero Eagle Flower who made impressions into the surrounding landscape. Another Cahuilla place name location is located near the historic La Quinta Hotel on Eisenhower. Oral traditions suggest Eagle Flower resided in a village known as Kotevewit along the foothills. Archaeological sites and cultural resources mentioned in the DEIR may be associated with these important Cahuilla place names locations. Response M-1: Comment noted.. Comment M-2: We request a thorough background research in traditional Cahuilla landscapes and oral history to better understand the cultural significance and potential impacts to the Cahuilla traditional places. This research shall be added to the historic and prehistoric sections of the plan under Cultural Resources Response M-2: The General Plan is a policy document, and as such provides a broad overview of the importance of cultural resources, including Native American resources, in the community. It is not appropriate for the General Plan to include a comprehensive inventory of cultural landscapes and oral history. Because of the rich cultural history in the City, the City requires the preparation of cultural resource reports for individual development projects, and has specific standards for the research for and preparation of these reports. These standards include Native American consultation. This is the appropriate time for any Tribal official to provide comments and concerns on any resource issue, including cultural landscapes and oral history. In the case of the preparation of the General Plan, the commentor was contacted in writing by the archaeologist preparing the General Plan Cultural Resources study in April 2010. No response was received. 52 330 Terra Nova/La Quinta General Plan Final EIR CommentM-3: Under Section 111-66 3.1 Mitigation Measures regarding consultations with tribes, we would like to emphasize the need for consultation on every project Response M-3: Comment noted. The City does include the Tribe in all project consultations. In addition, the Tribe is included in the Native American Heritage Commission listings for all projects. Comment M-4: Section 111-66 3.2 Mitigation Measures, we request the following be added: 100% survey and cultural resource inventory is required prior to the approval of projects Response M-4: Comment noted. The stated mitigation measure #2 on page III-66 requires surveys for cultural resources on vacant sites prior to project approval as written. No change is necessary. Comment M-5: Section 111-66 3.2 Mitigation Measures, we request copies of any associated cultural resource reports and site records that might be generated in connection with these efforts for review and comment Response M-5: Comment noted. The Tribe has the opportunity to request copies of cultural resource reports when CEQA documentation is transmitted to the Tribe for comment. Comment M-6: Section 111-66 3.2 Mitigation Measures, we request a review period of 45 days to review the associated cultural resource reports and site records and will provide additional comments, such as proposed mitigation measures or conditions of approval, at that time. Response M-6: Comment noted. There is no statutory requirement for a 45 day review period for cultural resource studies. The Tribe has the opportunity to comment on all CEQA documents as provided in Public Resources Code 21091. Comment M-7: Page Ill 67 Section A. Mitigation Monitoring and reporting we request an Approved Cultural Resource Monitor(s) must be present during any ground disturbing activities by developers. Should buried cultural deposits be encountered, the Monitor may request that destructive construction halt and the Monitor shall notify a Qualified (Secretary of the Interior's Standards and Guidelines) Archaeologist to investigate and, if necessary, prepare a mitigation plan for submission to the Agua Caliente Tribal Historic Preservation Officer. Work on the overall project may continue during this assessment period. Response M-7: The City requires that qualified monitors be present during all earth moving activities on any property on which the potential for cultural 381 Terra Nova/La Quinta General Plan Final EIR resources is identified. The monitors are empowered to stop or redirect construction activities. This requirement has been and will continue to be a standard condition of the Historic Preservation Commission, and a standard mitigation measure in the Planning Department's CEQA documents. Comment M-8: We request specification (sic) if human remains are encountered during grading and other construction excavation, work in the immediate vicinity shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5. Response M-8: The commentor's request is a requirement of California law with which the City complies. No change is required in the EIR. 3E IMUMETRD A AUG 3 0 2012 STATE OF CALIFORNIA *�► GOVERNOR'S OFFICE of PLANNING AND RESEARCH $PATE CLEARINGHOUSBAND PLANNING UNIT 9+A� EDMUND G. BROwrr JR. 10at ALEX GntBRNOA DliQr MR August 28, 2012 Andrew Mogewncn, City of LA Quints P.O. Box 1504 La Quinta, CA 92253 Subject: General Plan Update SCHA 2010111094 Dear Andrew Mogensen: The State Clearinghouse submitted the above named Draft EIRto seloetcd state agencies for review. On the enclosed Document Details Report please note that the Clearinghouse has listed the state agencies that reviewed your document. The review period closed on August 27. 2012, and the comments from the A-1 responding agency (ins) is (are) enclosed. If this comment package is not in order, please notify the State Clearinghomsc immodiately. Please refer to the project's ton -digit State Clearinghouse number in future correspondence so that we may respond promptly. Please note that Section 21104(c) of the Califotia polio Resources Code states that "A responsible or other public agency shall only make substamivc comments regarding those activities involved in a project which are within an area of expertise of the agency or which are required to be carried out or approved by the agency. Those comments shall be supported by specific documentation." Those comments arc forwarded fbr use In preparing your final environmental document. Should you need more information or clarification of the enclosed comments, we recommend that you contact the aommeming agency directly. This loner acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the Califomia Environmental Quality Act. Please contact the State Clearinghouse at (916) 445.0613 if you have any questions regarding the environmental review process. Sincerely, oor Jrgan —17. Director. State Clearinghouse Enclosures cc: Resources Agency 140010th Street P.O. Box Mai Sacramento, California 95812-3044 (916) 445-00) FAX (916) 323.3018 www.opr.ca.80v 383 Z0o'd ESA01101i1111t8'i0 aavaS lz:9T z1oz-08-Jdtl Document Details Report State Clearinghouse Data Base SCHp 2010111004 ProJoctTitle General Plan Update LeadAgency Ls Qulnt8, Cly of Type EIR Dralt EIR Description Update of the La Quints General Plan, to encompass all mandated Elements, and add a Sustainable Community and an Economic Development Element The Update will include modifications to the Land Use Map, but will not significantly change land use patterns in the City. The Update also Ineludes planning and land use designations for the City's Sphere of trilluenee. A Greenhouse Gas Reduction Plan Is also being proposed, In conjunction with the General Plan, Lead Agency Contact Name Andrew Mogensen Agency City of La Quints Phone (760) 777.7126 Far ameli Address P.O. Box 1504 City La Quints Stste CA Zip 92253 Project Location County Riverside City La Quints Region Lai/Long 33° 6.6' 3" N / 116- 31' 0" W Cress Streets City-wide P~ NO. Township Range Section Base Proximity to; Highways Hwy 111 Airports, Jacqueline Cochran Railways Waterways Coachella Valley Stormwater Channel Schools Land Use Project issues Agricultural Land; Air Quallty; Arohasologlc-Historic; Biological Resources; DralnapJAbsorpdon; Flood Plain/Flooding; Forest Land/Flre Hazard; GeologrcJ9eismic; Minerals; Noise; Population/Housing Balance: Public Services; RecreatiordParks; Schods/Universi lea: Septic System: Sewer Capacity; Sall EroslonfCompactlon/Grading; Solid Waste; Toxlc/Hazardous; Traffic/Circulation; Vegetation; Water Quality; Water Supply; Wetland/Riparian; Growth Inducing: Landuse . Reviewing Resources ,agency; Department of Fish and Game, Region 6; Cal Fire; Office of Historic Preservation; Agencies Department of Parks and Recreation: Department of Water Resources; Office of Emergency Management Agency, California; California Highway Patrol; Caltrans, District 8; Department of Housing and Community Development; Air Resources Board, Transportation Projects; Regional Water Quality Control Board. Region 7: Native American Heritage Commission; Public Utilities Commission; Coachella Valley Mountains Conservancy Date Received 07/12/2012 Stem of Review 07/12/2012 End of Review 06/27/2012 33 Note: Blanks In data fields result from insufficient Information provided by lead agency. e00'd HS008CJNIBV37a HMS 19:91 glue-oe-Jav (i'ra7F�C�jL.="�Ob Eemunda enarn Jr-eeram� NATIVE AMERICAN HERITAGE COMMISSION ' oieeaw WR00aiM �1 SaCaAMp1r0.GCA 196h9 awa>uswTnh a.pov asrbepoealagJuly 17, 2012Wf Mr. Andrew Mogensen, AICP, City Planner City of La Quinta P.O. Box 1504 La Quints, CA 92263 JUL.2 0 201Z CLEARING Re: SCH9201011109 4: CEQA Notice of Completion: draft Environmental Impact Report (DEIR) for the City of La Qkinta General Plan Update: located in the City of La Quints: Coachella Valley: Riverside County, California; Dear Mr. Mogensen: The Native American Heritage Commission (NAHC), the State of California Trustee Agency for the protection and preservation of Native American cultural resources Pursuant to California Public Resources Code §21070 and affirmed by the Third Appellate Court In the case of EPIC v. Johnson (1985: 170 Cal App. 3'0 604). This letter includes state and federal statutes relating to Native American historic properties of religious and cultural significance to American Indian tribes and interested Native American individuals as 'consulting parties' under both state and federal law. State law also addresses the freedom of Native American Religious Expression in Public Resources Code §5097.9. This project Is also subject to California Government Code Section 65352/3, of seq. The California Environmental Quality Act (CEQA — CA Public Resources Code 21000-21177, amendments effective 3/18/2010) requires that any project that causes a substantial adverse change In the significance of an historical resource, that includes archaeological resources, Is a'signiftcant effect requiring the preparation of an Environmental Impact Report (EIR) per the CEQA Guidelines defines a significant impact on the environment as's substantial, or potentially substantial, adverse change in any of physical conditions within an area affected by the proposed project, including ...objects of historic or sesthetio significance! In order to comply with this provision, the lead agency is required to assess whether the project will have an adverse impact on these resources within the'area of potential offset (APE), and if so, to mitigate that effecL The NAHC recommends that the lead agency request that the NAHC do a Sacred Lands File search as part of the careful planning for the proposed project. The NAHC "Sacred Sites; as defined by the Native American Heritage Commission and the California Legislature In California Public Resources Code §§5097.94(a) and 6007.96. items in the NAHC Sacred Lands Inventory are confidential and exempt from the Public Records Act pursuant to California Government Code §6264 (r ). Early consultation with Native American tribes in your area Is the best way to avoid unanticipated discoveries of cultural resources or burial sites once a project is underway. Culturally affiliated tubes and Individuals may have knowledge of the religious and cultural significance of the historic properties in the project area (e.g. APE). We strongly urge that you „ 335 too'd SMORDRIUVarlo UVIS MST ZTOZ-OE-Mv make Contact with the list of Native American Contacts on the attached list Of Native American. contacts, to see if your proposed project might impact Native American cultural resources and to obtain their recommendations concerning the proposed project Pursuant to CA Public Resources Code § 5097.95, the NAHC requests cooperation from other public agencies In order that the Native American consulting parties be provided pertinent project Information. Consultation with Native American communities is also a matter of environmental justice as defined by Califomia Government Code §65040.12(e). Pursuant to CA Public Resources Code §5097.95, the NAHC requests that pertinent project information be provided consulting tribal parties. The NAHC recommends avoidance as defined by CEQA Guidelines §15370(a) to pursuing a project that Section 2183 2 that requires documentation, data recovery of cultural resources.uld damage or destroy Native American cultural and Furthermore, the NAHC if the proposed project is under the jurisdiction of the statutes and regulations of the National Environmental Policy Act (e-g• NEPA; 42 U.S.C. 4321-43351). Consultation with tribes and interested Native American Consulting parties. on the NAHC list, should be conducted in compliance with the requirements of federal NEPA and Section 108 and 4(f) of fertral NHPA (16 U.S.C. 470 at seq), 36 CFR Part 800.3 (f) (2) & .5, the Presidents Council on Environmental Quality (CSQ, 42 U.S.0 4371 at seq. and NAGPRA (26 U.S.C. 3001- 3013) as appropriate. The 1992 Secretary of the Interiors Standards for the Treatment of Historic Properties were revised so that they could be applied to all Historic resource types included in the National Register of Historic Places and including cultural landscapes. Also, federal Executive Orders Nos. I Ia93 (preservation of cultural environment), 13175 (coordination & Consultation) and 13007 (Sacred Sites) are helpful, supportive guides for Section 106 consultation. The aforementioned Secretary of the Interior's Standards include recommendations for all 'lead agences' to consider the historic context of proposed projects and to "research" the c I ral landsceos that might include the 'area of potential effect.' Confidentiality of "historic properties of religious and cultural significance" should also be considered as protected by California Government Code §6264(r) and may also be protected under Section 304 of he NHPA or at the Secretary of the Interior discretion if not eligible for listing on the National Register of Historic Places. The Secretary may also be advised by the federal Indian Religious Freedom Act (d. 42 U.S.C., 1996) in issuing a decision on whether or not to disclose items of religious and/or cultural significance identified in or near the APEs and possibility threatened by proposed project activity. Furthermore, Public Resources Code Section $097.98. California Government Code §27491 and Health & Safety Code Section 7050.5 provide for provisions for inadvertent discovery of human remains mandate the processes to be followed in the event of a discovery of human remains In a project location other than ,'dedicated cemetery'. To be affective, consultation on specific projects must be the result Of an ongoing relationship between Native American tribes and lead agencies, project proponents and their contractors, in the opinion of the NAHC. Regarding tribal Consultation, a relationship built around regular meetings and informal Involvement with local tribes will lead to more qualitative consultation tribal input on specific projects. Finally, when Native American cultural sites and/or Native American burial sites are prevalent within the project site, the NAHC recommends 'avoidance' of the site as referenced by CEQA Guidelines Section 15370(a). 336 9001d 3SfloHOx121= UVIS ZZr91 z1oz-Oe-Oav soo•a getoi if you have any questions about thls response to your request, please do not hesitate to me at (916y653-6,251. Program Ana Cc: State Attachment: Neale American Contact List 33j Soo •a MOWN syats M 91 9109-0e-onv XXXXXXXXXXXXXXXX�XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X P. 01 X X TRANSACTION REPORT X X AUG-30-2012 THU 02:49 PH X X X X FOR: X X X X RECEIVE X X DATE START SENDER RX TIME PAGES TYPE NOTE H# DP AUG-30 02:45 PM 3'18" B RECEIVE OK X X X XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXYXXXXXXXXXXXXXXXXXXYXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX 388 0 NATIVE AMERICAN HERITAGE COMMISSION 915 CAPITOL MALL, ROOM 364 SACRAMENTO, CA 95814 (916)653-6251 Fax (016) 657-539D Web Slto "W.nahc_caaov de-nahc®pacbe11.net July 17, 2012 Mr. Andrew Mogensen, AICP, City Planner City of La Quinta P.O. Box 1504 La Quinta, CA 92253 JUL Zo 2012 I ! CITYOFLAQUINTA (. _P.LANNINGDFPA! TMFM7: _! Re: SCH#2010111094: CEQA Notice of Completion: draft Environmental Impact Report (DEIR) for the City of La Quinta General Plan Update: located in the City of La Quinta: Coachella Valley: Riverside County, California. Dear Mr. Mogensen: The Native American Heritage Commission (NAHC), the State of California 'Trustee Agency' for the protection and preservation of Native American cultural resources pursuant to California Public Resources Code §21070 and affirmed by the Third Appellate Court in the case of EPIC v. Johnson (1985: 170 Cal App. Td 604). This letter includes state and federal statutes relating to Native American historic properties of religious and cultural significance to American Indian tribes and interested B-1 Native American individuals as 'consulting parties' under both state and federal law. State law also addresses the freedom of Native American Religious Expression in Public Resources Code §5097.9. This project is also subject to California Government Code Section 65352/3, et seq. The California Environmental Quality Act (CEQA — CA Public Resources Code 21000-21177, amendments effective 3/18/2010) requires that any project that causes a substantial adverse change in the significance of an historical resource, that includes archaeological resources, is a 'significant effect' requiring the preparation of an Environmental Impact Report (EIR) per the CEQA Guidelines defines a significant impact on the environment as 'a substantial, or potentially substantial, adverse change in any of physical conditions within B-2 an area affected by the proposed project, including ... objects of historic or aesthetic significance:' In order to comply with this provision, the lead agency is required to assess whether the project will have an adverse impact on these resources within the 'area of potential effect (APE), and if so, to mitigate that effect. The NAHC recommends that the lead agency request that the NAHC do a Sacred Lands File search as part of the careful planning for the proposed project. The NAHC 'Sacred Sites; as defined by the Native American Heritage Commission and the California Legislature in California Public Resources Code §§5097.94(a) and 5097.96. Items in B-3 the NAHC Sacred Lands Inventory are confidential and exempt from the Public Records Act pursuant to California Government Code §6254 (r ). Early consultation with Native American tribes in your area is the best way to avoid unanticipated discoveries of cultural resources or burial sites once a project is underway. Culturally affiliated tribes and individuals may have knowledge of the religious and cultural B4 significance of the historic properties in the project area (e.g. APE). We strongly urge that you 339 make contact with the list of Native American Contacts on the attached list of Native American contacts, to see if your proposed project might impact Native American cultural resources and to obtain their recommendations concerning the proposed project. Pursuant to CA Public Resources Code § 5097.95, the NAHC requests cooperation from other public agencies in order that the Native American consulting parties be provided pertinent project information. Consultation with Native American communities is also a matter of environmental justice as B4 defined by California Government Code §65040.12(e). Pursuant to CA Public Resources Code §5097.95, the NAHC requests that pertinent project information be provided consulting tribal parties. The NAHC recommends avoidance as defined by CEQA Guidelines §15370(a) to pursuing a project that would damage or destroy Native American cultural resources and Section 2183.2 that requires documentation, data recovery of cultural resources. Furthermore, the NAHC if the proposed project is under the jurisdiction of the statutes and regulations of the National Environmental Policy Act (e.g. NEPA; 42 U.S.C. 4321-43351). Consultation with tribes and interested Native American consulting parties, on the NAHC list, should be conducted in compliance with the requirements of federal NEPA and Section 106 and 4(f) of federal NHPA (16 U.S.C. 470 at seq), 36 CFR Part 800.3 (f) (2) & .5, the President's Council on Environmental Quality (CSQ, 42 U.S.0 4371 at seq. and NAGPRA (25 U.S.C. 3001- 3013) as appropriate. The 1992 Secretary of the Interiors Standards for the Treatment of B5 Historic Properties were revised so that they could be applied to all historic resource types included in the National Register of Historic Places and including cultural landscapes. Also, federal Executive Orders Nos. 11593 (preservation of cultural environment), 13175 (coordination & consultation) and 13007 (Sacred Sites) are helpful, supportive guides for Section 106 consultation. The aforementioned Secretary of the Interior's Standards include recommendations for all 'lead agencies' to consider the historic context of proposed projects and to "research" the cultural landscape that might include the 'area of potential effect.' Confidentiality of "historic properties of religious and cultural significance' should also be considered as protected by California Government Code §6254( r) and may also be protected under Section 304 of he NHPA or at the Secretary of the Interior discretion if not eligible for listing on the National Register of Historic Places. The Secretary may also be advised by the B-6 federal Indian Religious Freedom Act (cf. 42 U.S.C., 1996) in issuing a decision on whether or not to disclose items of religious and/or cultural significance identified in or near the APES and possibility threatened by proposed project activity. Furthermore, Public Resources Code Section 5097.98, California Government Code §27491 and Health & Safety Code Section 7050.5 provide for provisions for inadvertent B_7 discovery of human remains mandate the processes to be followed in the event of a discovery of human remains in a project location other than a'dedicated cemetery'. To be effective, consultation on specific projects must be the result of an ongoing relationship between Native American tribes and lead agencies,_ project proponents and their contractors, in the opinion of the NAHC. Regarding tribal consultation, a relationship built B-8 around regular meetings and informal involvement with local tribes will lead to more qualitative consultation tribal input on specific projects. Finally, when Native American cultural sites and/or Native American burial sites are prevalent within the project site, the NAHC recommends 'avoidance' of the site as referenced by B-9 CEQA Guidelines Section 15370(a). -3 390 If you have any qupgtPns about this response to your request, please do not hesitate to me at (916) §5 5 , Cc: State a�nghouse Attachment: ativ American Contact List 391 Cabazon Band of Mission Indians David Roosevelt, Chairperson 84-245 Indio Springs Cahuilla Indio I CA 92203-3499 (760) 342-2593 (760) 347-7880 Fax Los Coyotes Band of Mission Indians Shane Chapparosa, Chairman P.O. Box 189 Cahuilla Warner I CA 92086 (760) 782-0711 (760) 782-2701 - FAX Ramona Band of Cahuilla Mission Indians Joseph Hamilton, Chairman P.O. Box 391670 Cahuilla Anza , CA 92539 admin@ramonat(ibe.com (951) 763-4105 (951) 763-4325 Fax Torres -Martinez Desert Cahuilla Indians Mary Resvaloso, Chairperson PO Box 1160 Cahuilla Thermal I CA 92274 mresvaloso(Ptorresmartinez. (760) 397-0300 (760) 397-8146 Fax This list is current only as of the date of this document. Native American Contact Riverside County July 17, 2012 Santa Rosa Band of Mission Indians John Marcus, Chairman P.O. Box 391820 Cahuilla Anza I CA 92539 (951) 659-2700 (951) 659-2228 Fax Augustine Band of Cahullla Mission Indians Mary Ann Green, Chairperson P.O. Box 849 Cahuilla Coachella CA 92236 (760) 398-4722 760-369-7161 - FAX Morongo Band of Mission Indians Michael Contreras, Cultural Heritage Prog. 12700 Pumarra Road Cahuilla Banning I CA 92220 Serrano (951) 201-1866 - cell mcontreras (Pmorongo-nsn. gov (951) 922-0105 Fax Torres -Martinez Desert Cahuilla Indians Diana L. Chihuahua, Vice Chairperson, Cultural P.O. Boxt 1160 Cahuilla Thermal I CA 92274 760) 397-0300, Ext. 1209 (760) 272-9039 - cell (Lisa) (760) 397-8146 Fax Distribution of this list does not relieve any person of the statutory responsibility as defined In Section 7060.6 of the Health and Safety Code, Section 6097.94 of the Public Resources Code and Section 6097.98 of the Public Resources Code. This list Is applicable for contacting local Native Americans with regard to cultural resources for the proposed SCH02010111094; CEt1A Notice of Completion; draft Emlrommental impact Report (DER) for the City of La Quints General Plan Update; City of La Quints; Riverside County, California. 392 Native American Contact Riverside County July 17, 2012 Agua Caliente Band of Cahuilla Indians THPO Patricia Tuck, Tribal Historic Perservation Officer 5401 Dinah Shore Drive Cahuilla Palm Springs, CA 92264 ptuck@augacallente-nsn.gov (760) 699-6907 (760) 699-6924- Fax Augustine Band of Cahuilla Mission Indians Karen Kupcha P.O. Box 849 Cahuilla Coachella , CA 92236 (760) 398-4722 916-369-7161 - FAX Cahuilla Band of Indians Chairperson PO Box 391760 Cahuilla Anza . CA 92539 tribalcouncil @cahuilla.net 915-763-5549 This list Is current only as of the date of this document. Distribution of this list does not relieve any person of the statutory responsibility as defined in Section 7050.E of the Health and Safety Code, Section 5097.94 of the Public Resources Code and Section 6097.98 of the Public Resources Code. This list is applicable for contacting local Native Americans with regard to cultural resources for the proposed SCH02010111094; CEQA Notice of Completion; draft Emnromnental Impact Report (DEIR) for the City of La Quints General Plan Update; City of La Quints; Riverside County, California. 393 CHAIR Hu Simon Housman Rancho"o Mr. VICE CHAIRMAN Ci Rod Balance P. Riverside COMMISSIONERS AIRPORT LAND USE COMMISSION RIVERSIDE COUNTY 15, 2012 ty Andrew Mogensen, Principal Planner of La Quinta Planning Department O. Box 1504 495 Calls Tampico Quinta CA 92253 UU 1 6 2012 pUGI crrr of °E!rr: l .pLA� G —'... Arthur ewer RE: Draft Environmental Impact Report (DEIR) for the City of La Quinta General Plan Riverside Update (SCH # 2010111094) Robin Lowe Heme< Dear Mr. Mogensen: John Lyon Thank you for providing the Riverside County Airport Land Use Commission (ALUC) with a CD Riverside copy of the Draft Environmental Impact Report (DEIR) for the City of La Quints General Plan Glen Worm; Update. We have reviewed the document and offer the following comments. C Greg amW On page III-99 of the Draft EIR, Bermuda Dunes Airport is variously referred to as a "private Cmhedml Cr airfield" or a "private airstrip." This is an incorrect classification. Bermuda Dunes Airport should be described as a "privately -owned public use airport." As a public use airport, Bermuda Dunes Airport is subject to permitting requirements of the State of California Department of C-1 STAFF Transportation Division of Aeronautics. Another distinction between a public use airport and a private airstrip is that Airport Land Use Commissions are required to prepare Airport Land Use Direcior Compatibility Plans for the environs of public use airports. A handwritten annotated copy of page Ed Cooper III-99 is attached hereto, and we would recommend that the Final EIR incorporate the John Guerin recommended changes. Russel Brady earbare senles A portion of the City of La Quints located northerly of Fred Waring Drive and westerly of u0Amdd*nw0ner Jefferson Street is within Compatibility Zone D and is proposed for a land use designation of Low 40N Lm=SL,14h Pon. Density Residential (0 to 4 dwelling units per acre). This land use designation is not consistent C-2 Rwoi*c m with Countywide compatibility criteria for Compatibility Zone D; however, as this designation ryspssss+u � P tY P ItY reflects an existing land use (a recorded tract map), a finding of consistency could still be made by the Airport Land Use Commission. wx,rcdw The current boundaries of the City of La Quinta lie outside the Airport Influence Area for Jacqueline Cochran Regional Airport, but the sphere of influence extends into this area and is included primarily in Compatibility Zones D and E. Small portions of Compatibility Zones C and B1 extend into the area directly southwesterly of the Airport Boulevard/Harrison Street C-3 intersection. This area is within the community of Vista Santa Rosa, where the Commission has indicated a willingness to consider special policies if large expanses of open area can be preserved in perpetuity. (Please see the attached letter from the Airport Land Use Commission to the Riverside County Planning Department regarding this issue.) Pursuant to Section 21676(b) of the California Public Utilities Code, "prior to the amendment of a general plan —the local agency shall first refer the proposed action to [ALUC]." At the appropriate time prior to action (ideally before Planning Commission consideration, but definitely C-4 before City Council action), the new General Plan should be submitted to the Airport Land Use Commission for a consistency review. (A copy of the "Application for Major Land Use Action .-r 394 AIRPORT LAND USE COMMISSION August 16, 2012 Review" form is attached, for your convenience.) C4 We urge your consideration of the Countywide Policies of the 2004 Riverside County Airport Land Use Compatibility Plan, the 2004 Bermuda Dunes Airport Land Use Compatibility Plan, and the 2005 Jacqueline Cochran Regional Airport Land Use Compatibility Plan in proposing land use designations for properties within the Airport Influence Areas of these two airports. Additionally, the California Airport Land Use Planning Handbook published by the State of C-5 California Department of Transportation, Division of Aeronautics, is an excellent resource that should be consulted in your efforts to provide for a General Plan that furthers the objectives of airport land use compatibility planning. We recommend that the chapter addressing "Responsibilities of Local Agencies" be reviewed. In situations where a jurisdiction's General Plan has not been determined by ALUC to be consistent with applicable Airport Land Use Compatibility Plans, ALUC is empowered to require submittal of all actions, regulations, and permits (such as land divisions and development of structures with a cumulative floor area of 20,000 square feet or greater) involving land within an Airport Influence Area for individual determinations of consistency or inconsistency. All major land use actions, with or without legislative actions such as general plan amendments, specific plans and specific plan amendments, and zoning changes, affecting land within the Airport C-6 Influence Areas of Bermuda Dunes Airport and Jacqueline Cochran Regional Airport are presently subject to ALUC review. ALUC reviews for conformance with ALUCP compatibility criteria, including land use intensity, noise, and height. (Once ALUC has determined a jurisdiction's General Plan to be consistent, only those projects involving general plan amendments, specific plans, speck plan amendments, ordinance amendments, or zoning changes are subject to ALUC review.) The protection of airports from incompatible land use encroachments is vital to California's economic future. ALUCs were created by the State of California to work with local jurisdictions in a joint effort to provide for compatible land uses in the vicinity of public use airports. ALUC staff C-7 is available to assist the City in this effort in order to provide for a General Plan that is consistent with adopted Compatibility Plans, and would be happy to meet with you and City staff to discuss the General Plan and the ALUC review process at your convenience. If you have any questions, please contact John Guerin, ALUC Principal Planner, at (951) 955- 0982. Sincerely, RIVERSIDE COUNTY AIRPORT LAND USE COMMISSION its (3): Page III-99 with recommended corrections Letter to Riverside County Planning re: Vista Santa Rosa . Application for Major Land Use Action Review cc: Nicole S. Criste, Terra Nova Planning & Research Mike Smith, Bermuda Dunes Executive Airport Daryl Shippy, Riverside County EDA — Aviation (Indio) 2 h 393 Terra Nova/La Quinta General Plan EIR Section III. Existing Environmental Concerns, Project Impacts, and Mitigation Measures and Navy uses. 43 No new development throughout the Planning Area will be located on hazardous materials sites pursuant to Government Code Section 65962.5. As such, there will be no impact related to new populations being located on hazardous materials sites. a Por Lion of f& Plat+n';� Area is hcdiW 1n Airports and Associated Hazards Impacts qkCl w� a mysMalb area m Zoe St. The Jacqueline Cochran Regional Airport is imm atety adjacent to the eastern boundary of the Sphere of Influence. As a result,; sircra4%nsing the a ort may over the Planning Area. The C-eIliieFs has; d the Riverside only A' ort T and Use Compatibility Plan, which provides policies for Airport Influence Are s foratl its in the County. Eastern. portions of the La Quinta Planning Area are located 'thin the Jacqueline Cochran Airport Influence Area Zone D and E of the Compatibility Pl .'New development within the eastern boundary of the Sphere of Influence will need to abide by Compatibility Plan policies and land use regulations. Land uses such as schools, hospitals, and nursing homes are discouraged in Airport Compatibility Land Use Zone D, and the number of residential dwelling units is regulated in this zone. Within Zone E, there are no residential or commercial restrictions' however, prohibited uses include those that create hazards to flight, including tall objects, visual and electronic forms of interference, and developments that attract birds, such as landfills.44 The General Plan Update proposes non-residential land uses, including both industrial and commercial usesJwithin Zone D, and residential uses are proposed in Zone E. These uses are allowed according to the Compatibility Plan. Therefore, hazards related to the Jacqueline Cochran Regional Airport will have a less than significant effect on development within the Planning Area. PRr� y.y The General Plan Update Planning Area is4alsnmthe Bermuda Dunes ai Thsai field is located approximately 1.5 mile n the northern Sphere of Influence and City limit, along Interstate 10 west of Jefferson 5,000-foot runway is oriented in an east - west direction, and approaches and takeoff patterns generally do not affect any portion of the Planning Area.45 According to the Riverside County Airport Land Use Compatibility Plan, the far northern portions of La Quinta, including the northern Sphere of Influence, are located6in Compatibility Land. Use Zone E. As previously mentioned, there f are no residential 'or commercial restrictions in Zone E# wey?riprohibited uses include these that create h?aat ' to flightk, including tail objects, visua and electronic forms of interference, and developmen that, attract birds, such as landfills 46 osed land uses within Zone E are compatible wi the Bermuda Dunes Compatibil' Ian. Therefore, implementation of the General Plan Upda c will have a less than signifi impact within the vicinity ofa'spr+ub its Pri�haril � "Hazardous Waste and Substances Site List", www.envirostor.dtse.ca.gov, accessed January 14, 2011. 44 "Riverside County Airport Land Use Compatibility Plan; Volume I", prepared by Mead & Hunt, October 14, 2004. 45 Bermuda Dunes Airport, http://bermudadunesairport.com/, accessed December 17, 2010. 46 "Riverside County Airport Land Use Compatibility Plan; Volume I", prepared by Mead & Hunt, October 14, 2004. � i � i � � � �Po4ono`FCeWiibllit' ZogeN►vl*G`�n�LaQva��h�_#lis ij 396 14, 2008 CHAIR' Simon Housman Rancho Mirage'.. Mr. Jerry Jolliffe, Deputy Planning Director VICE CHAIRMAN County of Riverside Planning Department Rod Batteries 4080 Lemon Street, SO Floor Riverside Riverside CA 92501 HAND DELIVERY COMMISSIONERS Arthur sutler RE: AIRPORT LAND USE COMMISSION (ALUC) DEVELOPMENT REVIEW Riverside File No.: Not Applicable Robin Lowe Related File No.: Vista Santa Rosa Concept Plan John Lyon Dear Mr. Jolliffe: Riverside Glen Holmes On April 10, 2008, the Vista Santa Rosa Concept Plan was brought before the Riverside County Hemet Airport Land Use Commission (ALUC) on an informal (non -vote) basis. As proposed on that Melanie Fesmire date, the Commission expressed its conceptual support for the Plan, provided that the following Indio amendments are made so as to allow the Plan to be eligible for a finding of consistency with the 2005 Jacqueline Cochran Regional Airport Land Use Compatibility Plan, pursuant to Section 3.3.6 of the Countywide Policies of the 2004 Riverside County Airport Land Use Compatibility STAFF'. nr—_. Director Ed cooper COMMENDED AMENDMENTS: John Guerin Brenda Ramirez The Airport County incorporate Sophia Nolasw rp Land Use Commission recommends that the Coun of Riverside inco orate the Barbara Santos amendments specified herein (or substantively similar text as acceptable to the ALUC Director) CounlyAdmdstrehe Came, into the Vista Santa Rosa Concept Plan and submit the revised text to ALUC staff for 4080 Lamm SL, 9-hear. concurrence prior to final adoption by the County. R6adde, CA 92501 (951)9555132 1. The Concept Plan shall be amended to add the boundaries of Airport Zones B 1, C, D, and E. ewe.malx.aa 2. Table 2A of the Countywide Policies of the Riverside County Airport Land Use Compatibility Plan shall be incorporated into the Vista Santa Rosa Concept Plan as an Appendix. A statement shall be added in the discussion of Policy Area 1 stating that residential densities in the portion of Planning Area 1 in Airport Zone D shall be not less than five dwelling units per acre. Policy Areas 3 and 4 shall include policies that require new residential units (other than individual dwelling units on existing legal lots and second units) in Airport Zone D to either comply with the density criteria of Table 2A (which allows clustered development 391 Airport Land Use Commission Page 2 envelopes of five or more dwelling units per acre, but otherwise restricts density to a maximum of one dwelling unit per five acres, in accordance with Option A below), or with the specifications of Option B or Option C, as stated below. 5. The Plan shall include a statement that all legislative actions in the Airport Influence Area shall be submitted to the Airport Land Use Commission for mandatory review and that all major land use actions as defined in the Riverside County Airport Land Use Compatibility Plan within that area shall be submitted to the Airport Land Use Commission for advisory review. 6. The Plan shall include a statement that all projects ten acres or larger within Airport Zone D shall set aside ten percent of land area in qualified open areas not less than 300 feet in length and 75 feet in width and free from obstructions, unless the project is located in a development area within which a 50-acre contiguous open space area has been established or is being concurrently established. The qualified open areas may include pastures, polo and soccer fields, golf course fairways, drainage easements, and roadways. Trees, light poles exceeding four feet in height, and trash enclosures are not permitted in such open areas. At the time of the adoption of the Vista Santa Rosa Concept Plan or sooner, the County must agree to amend the Eastern Coachella Valley Area Plan to incorporate current compatibility criteria for Jacqueline Cochran Regional Airport in its Policy Areas text and tables. The discussion of Lifestyle Corridors should include a statement that schools, lakes, streams, and water features (other than existing water features) will not be located in the portion of the east -west corridor located in Airport Zone D, and that commercial and public -use structures and uses therein would be required to comply with person intensity limits. 9. A statement shall be added in the discussion of Other Land Use Types stating that, if the property at the northwest comer of 60's Avenue and Harrison Street is developed pursuant to the Community Center Overlay, residential densities in that area shall not be less than five dwelling units per acre. 10. The section addressing "Compatibility with Jacqueline Cochran Regional Airport" shall be rewritten to delete the reference to "the portions of the parcels proposed for designation as High Density Residential along Harrison Street," since the Plan no longer proposes any residential designations for land in Airport Zones B 1 and C. The reference to "the portion of the parcel proposed as Commercial Tourist that is located at the southwest comer of Harrison Street and Airport Boulevard" should be replaced with a reference to "Commercial Tourist and Business Park uses," and should simply state that the intensity of uses shall comply with the person intensity limits of the applicable Airport Zone, as specified in Table 2A. 11. Section D should include a separate paragraph describing "qualified open areas in Airport Zones," as defined in the Airport Land Use Compatibility Plan. 2 1 t 393 Airport Land Use Commission Page 3 The designations of the portions of Policy Areas 3 and 4 within Airport Zone D for residential development at densities of 0.5 to 3.0 dwelling units per acre is inconsistent with the 2005 Jacqueline Cochran Regional Airport Land Use Compatibility Plan, in that Airport Zone D prohibits intermediate residential densities greater than 0.2 dwelling units per acre and less than 5.0 dwelling units per net acre, unless special findings are made pursuant to Section 3.3.6 of the 2004 Riverside County Airport Land Use Compatibility Plan However, the community's overall vision of open space, agriculture, and roadways with wide setbacks to preserve vistas is compatible with appropriate design for residential communities in the vicinity of airports. There are several factors that are unique to the Vista Santa Rosa community as it relates to the Jacqueline Cochran Regional Airport: a. The Vista Santa Rosa Concept Plan is built around the concept of "open space - oriented community amenities" and requires minimum proportions of project average that must be allocated to such amenities in order for a project with a density greater than one dwelling unit per acre to be approved. b. The Plan was initiated in response to citizen action by residents of Vista Santa Rosa interested in maintaining the rural atmosphere of the community. C. The entire Vista Santa Rosa area lies outside the 55 dB(A) CNEL contour on maps depicting noise contours based on the ultimate activity levels for Jacqueline Cochran Regional Airport. d. The inclusion of Vista Santa Rosa in Airport Zone D (with the exception of the easterly 500 feet) is attributable to Runway 12-30. The standard lateral distance from Runway 17-35 used in demarcating Zones D and E at this airport is 8,000 feet, and only the easterly 500 feet is located within this 8,000-foot lateral distance. e. According to the Airport Activity Data Summary of the adopted Airport Land Use Compatibility Plan, Runway 12-30 is expected to account for not more than 10% of annual activity by single engine and twin -engine piston aircraft and not more than 4% of annual activity by twin -engine turboprop aircraft, helicopters, and small business jets. f. The maximum pavement strength of Runway 12-30 is 20,000 pounds, compared with a maximum pavement strength of 174,000 pounds for Runway 17-35. Therefore, it is unlikely that Runway 12-30 would be utilized for air cargo service in the future. g. The Concept Plan offers an opportunity for the community to be designed in a manner that improves safety in the long term by assuring that, as the community transitions from agricultural to suburban estate residential uses, provision will be made for either a larger proportion of land area available for emergency landing or one large emergency landing area that would be clearly visible to aircraft pilots. 3 3J Airport Land Use Commission Page 4 In light of all of these factors, the Airport Land Use Commission agreed that there is reasonable justification for consideration of special criteria to be applied when evaluating the proposed intermediate densities within the Vista Santa Rosa community. These special criteria would allow for development at an overall density of 0.2 to 2.5 dwelling units per acre provided that an avigation easement is conveyed to the County Economic Development Agency as owner -operator of Jacqueline Cochran Regional Airport and that a substantially larger proportion or area of open space is provided. The alternatives for residential development in the Airport Zone D area are as follows: OPTION A Development at a density of one dwelling unit per five acres, development at an overall density of five or more dwelling units per acre within residential areas, or development within clustered pods of five or more dwelling units per acre (net density of residential planning areas including roads less than 74 feet in width). Such development is subject to recordation of a deed notice and, if the project is 10 acres or larger in area, the required 10% of project acreage in qualified ALUC open area. (Option A is consistent with Table 2A density criteria.) OPTION B Development at an overall density of 0.2 to 1.5 dwelling units per acre may be found consistent pursuant to Section 3.3.6, provided that an avigation easement is recorded and that not less than 15% of project acreage is dedicated to qualified open areas not less than 75 feet in width and not less than 600 feet in length. Development at an overall density of 1.5 to 2.5 dwelling units per acre may be found consistent pursuant to Section 3.3.6, provided that an avigation easement is recorded and that not less than 20% of project acreage is dedicated to qualified open areas not less than 75 feet in width and not less than 600 feet in length. OPTION C Development at an overall density of 0.2 to 2.5 dwelling units per acre may be found consistent pursuant to Section 3.3.6, provided that an avigation easement is recorded. In lieu of dedicating the percentages of open areas specified in OPTION B above, the development may choose to set aside an area of 50 contiguous acres of qualified open area with no linear dimension less than 600 feet, with such qualified open area to be dedicated as open area in perpetuity. Once such an area is set aside for this purpose, this area will meet the open area requirement for up to 450 acres of development area (excluding that open area) within the portion of Airport Zone D located northerly of 60s' Avenue. If you have any questions, please contact John Guerin, Airport Land Use Commission Principal Planner, at (951) 955-0982. 4 Ilk 4 V Airport Land Use Commission Page 5 Sincerely, RIVERSIDE COUNTY AIRPORT LAND USE Corfginal �ra>7ed bv� Edward C Cooperr6tD or JGG:bks cc: ALUC Staff Michael Gialdini, Office of Fourth District Supervisor Roy Wilson Y:IALUCUCRA1VistaSantaRosaCommentsALUCAprO8.doc 4�1 • • • • • ALUC Identification No, ITIM TO • • • • • • PROJECT PROPONENT ITO BE COMPLETED BY APPLICANT) Date of Application Property Owner ,Phone: Number Mailing Address= Agent {if any) Phone. Number Mailing Address. PROJECT LOCATION (TO BE COMPLETED BYAPPLICANT) Attach an accurately scated map showing the relationship of the project site to the airport boundary and runways Street Address Assessor's Parcel No. Parcel Size Subdivision Name Zoning Lot Number Classification PROJECT DESCRIPTION (TO BE COMPLETED BY APPLICANT) fir applicable, attach a detailed site plan showing ground elevations, the location ofstructures, open spaces and water bodies, and the heights ofshuctures and trees, include additional project description data as needed Existing Land use. (describe) _ Proposed Land Use (describe) For Residential Uses Number of Parcels or Units on Site (exclude secondary units) For Other Land Uses Hours of Use (See Appendix C) Number of People on Site Maximum Number Method of Calculation Height Data: Height above Ground or Tallest Object (including antennas and trees) ft. Highest Elevation (above sea leveq of Any Object or Terrain on Site ft. Flight Hazards Does the project involve any characteristics which could create electrical interference, O Yes confusing lights, glare, smoke, or other electrical or visual hazards to aircraft Flight? No If yes, describe. 4�32 REFERRING AGENCY (TO BE COMPLETED BY AGENCY STAFF) Date Received Type of Project Agency Name ❑ General Plan Amendment _..❑ Zoning Amendment or Variance Staff Contact ❑ Subdivision Approval Phone Number ❑ Use Permit Agency's Project No. .. ❑ Public Facility ❑ Other ALUC REVIEW (TO BE COMPLETED BYALUC EXECUTIVE DIRECTOR) Application Date Received By Receipt Is Application Complete? ❑ Yes ❑ No If No, cite reasons Airport(s) Nearby Primary Criteria Review Compatibility Zone(s) ❑ A Allowable (not prohibited) Use? ❑ Yes ❑ ❑ B1 No ❑ B2 - ❑ C ❑ D ❑ E ❑ Ht. Density/Intensity Acceptable? ❑ Yes ❑ No Open Land Requirement Met? ❑ Yes ❑ No Height Acceptable? ❑ Yes ❑ No Easement/Deed Notice Provided? ❑ Yes ❑ No Special Conditions Describe: Supplemental Noise Criteria Review, Safety Airspace Protection Overflight ACTIONS TAKEN (TO BE COMPLETED BYALUC EXECUTIVE DIRECTOR) ALUC Executive ❑ Approve Date Director's Action ❑ Refer to ALUC ALUC ❑ Consistent Date Action ❑ Consistent with Conditions (list conditions/attach additional pages if needed) ❑ Inconsistent (list reasons/attach additional pages if needed) August 2007 403 A. NOTICE: Failure of an applicant to submit complete or adequate information pursuant to Sec- tions 65940 to 65948 inclusive, of the California Government Code, MAY constitute grounds for disapproval of actions, regulations, or permits. B. SUBMISSION PACKAGE: ALUC REVIEW STAFF REVIEW (Consult with ALUC staff planner as to whether oroiect qualifies) 1...... Completed Application Form 1...... Project Site Plan — Folded (8-112x 14 max.) 1 ..... Completed Application Form 1...... Elevations of Buildings - Folded 1 ..... Project Site Plans — Folded (8-112 x 14 max.) 1 Each . 8'/2 x 11 reduced copy of the above 1 ..... Elevations of Buildings - Folded 1...... 8'/2 x 11 reduced copy showing project 1 ..... 8'/2 x 11 Vicinity Map in relationship to airport. 1 Set. Gummed address labels of the 1 Set Floor plans for non-residential projects Owner and representative (see Proponeno. 4 Sets.. Gummed address labels of the 1 Set . Gummed address labels of the referring Owner and representative (see Proponent). agency. 1 Set.. Gummed address labels of all property 1 .....Check for review —See Below owners within a 300' radius of the project site. If more than 100 property owners are involved, please provide pre -stamped envelopes (size 010), with ALUC return address. 4 Sets.. Gummed address labels of the referring agency (City or County). 1...... Check for Fee (See Item "C" below) C. FEE SCHEDULE (Effective August 14,2007 ): Approved by Resolution 2007-03: ALUC REVIEW Change of Zone; Conditional Use Permit; Gen- Specific Plan Review eral Plan Amendment; Parcel Map or Plot/Site Initial Project Review $2,911.00 Plan Review and Variance Amended Project Review $1,947.00 Initial Project Review $ 1,188.00 Amended Project Review $ 792.00 Tract Map Review Community Plan Review Initial Project Review $1,353.00 Initial Project Review $3,300.00 Amended Project Review $ 908.00 Amended Project Review $2,145.00 General Plan Element Review Initial Project Review $3,300.00 Amended Project Review $2,195.00 Other Environmental Assessments Review Initial Project Review $1,492.00 Amended Project Review $ 990.00 Environmental Impact Report Review Initial Project Review $2,723.00 Amended Project Review $1,815.00 Building Permit Review Initial Project Review $ 512.00 Amended Project Review $ 347.00 Please make out check payable to: County of Riverside, Airport Land Use Commission 404 D South Coast Air Quality Management District 21865 Copley Drive, Diamond Bar, CA 917654182 (909) 396-2000 • www.agmd.gov E-Mailed: August 24, 2012 August 24, 2012 planning@la-quinta.org Mr. Andrew Mogensen, AICP Principal Planner City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253 Review of the Draft Environmental Impact Report (Draft EIR) for the City of La Quinta General Plan Update Project The South Coast Air Quality Management District (AQMD) staff appreciates the opportunity to comment on the above -mentioned document. The following comments are intended to provide guidance to the lead agency and should be incorporated into the Final Environmental Impact Report (Final EIR) as appropriate. Based on a review of the Draft EIR the AQMD staff is concerned about the project's regional construction and operational air quality impacts. Specifically, the lead agency has determined that the project's construction and operational emissions will exceed the AQMD's CEQA significance thresholds for NOx, SOx, CO, VOC, PM 10 and PM2.5 emissions impacts. Therefore, the AQMD staff recommends that the lead agency provide additional mitigation measures to minimize the project's significant air quality impacts. Further, the AQMD staff request that the lead agency provide additional information and clarification in the Final EIR on the project's Greenhouse Gas (GHG) Emission Reduction Plan and GHG significance determination presented in the Draft EIR. Details regarding these comments are attached to this letter. Pursuant to Public Resources Code Section 21092.5, please provide the SCAQMD with written responses to all comments contained herein prior to the adoption of the Final EIR. Further, staff is available to work with the lead agency to address these issues and any 405 Mr. Andrew Mogensen August 24, 2012 other questions that may arise. Please contact Dan Garcia, Air Quality Specialist CEQA Section, at (909) 396-3304, if you have any questions regarding the enclosed comments. Sincerely, A,I- V Ian MacMillan Program Supervisor, CEQA Inter -Governmental Review Planning, Rule Development & Area Sources Attachment IM:DG RVC 120713-03 Control Number 40 Mr. Andrew Mogensen Greenhouse Gas Emissions Analysis August 24, 2012 Based on a review of the Draft EIR the lead agency has determined that the proposed project will achieve its greenhouse gas (GHG) reduction target of 10% below 2005 levels by 2020 and 28% below 2005 levels by 2035. Based on information presented on page IV-7 of the GHG Reduction Plan the lead agency established BAU using historical growth rates (2005 baseline data) within city limits. As a result, the lead agency applied this same growth rate to land area outside of city limits and in the project's sphere of influence (SOI). However, it does not appear that the land outside of the lead agency's jurisdiction and in the SOI (see Figure I-5 of Draft EIR) has a D-1 growth potential that is consistent with the growth rates assumed in the BAU analysis. Specifically, it does not seem appropriate to allocate the same growth rate to land in the city limits boundary and land in the SOI boundary given the existing lower density rural designation within the SOI. Therefore, the AQMD staff requests that in light of a recent court ruling regarding BAU analysis' the lead agency demonstrate that the BAU analysis properly captures the growth potential in the city's sphere of influence and provide clarification about the use of this rate to establish the project's BAU emissions value. Regional Plan Consistency 2. The lead agency indicates that the population, housing and employment growth rates in the GHG Reduction Plan were provided by the Southern California Association of Government (SCAG). However, the lead agency does not provide any quantitative D-2 analyses or measures to demonstrate that the project is consistent with the recent Sustainable Community Strategy (SCS) adopted by the SCAG. Therefore, the final CEQA document should provide a quantified analysis demonstrating consistency with the 2012 Regional Transportation Plan/SCS. Mitigation Measures for Operational Air Quality Impacts 3. The lead agency's operational air quality analysis demonstrates significant air quality impacts from all criteria pollutant emissions including NOx, SOx, CO, VOC, PM10 and PM2.5 emissions impacts. These impacts are primarily from mobile source emissions related to vehicle trips associated with the proposed project. However, the lead agency fails to adequately address this large source of emissions. Specifically, the lead agency requires nominal mitigation measures in the Draft EIR that lack D-3 emission reduction targets and specificity relative to the mobile source emissions. Therefore, the lead agency should reduce the project's significant air quality impacts by reviewing and incorporating additional transportation mitigation measures from the greenhouse gas quantification report2 published by the California Air Pollution Control Officer's Association and by revising mitigation measures 1 through 6 on Friends of the Northern San Jacinto Valley et al., v. County of Riverside et al. (Villages of Lakeview, April 2012) z California Air Pollution Control Officer's Association. August 2010. Quantifying Greenhouse Gas Mitigation Measures. Accessed at: httt)://www.capcoa.oreLwp-content/uploads/2010/1 I/CAPCOA Ouanti fication-Report-9-14-FinaLpf It.: 4 1 Mr. Andrew Mogensen August 24, 2012 page III-35 of the Draft EIR to provide specific emission reduction targets in the Final EIR. Further, the lead agency should be mindful of significant mobile source reductions that are needed in the near future for the South Coast Air Basin to achieve Federal Clean Air Standards by 2023 and 20303. Construction Equipment Mitigation Measures 4. The lead agency determined that the proposed project will exceed the CEQA regional construction significance thresholds; therefore, AQMD staff recommends that the lead agency provide the following additional mitigation measure pursuant to CEQA Guidelines Section 15126.4. D-4 • Require the use of 2010 and newer diesel haul trucks (e.g., material delivery trucks and soil import/export) and if the lead agency determines that 2010 model year or newer diesel trucks cannot be obtained the lead agency shall use trucks that meet EPA 2007 model year NOx and PM emissions requirements. ' See page six (6) of the Powering the Future Document accessed at: http://www.aqmd.goyipubinfo/imaizes/cover-spread.ip 4 A E CITY OF COACHELLA 1515 SIXTH STREET, COACHELLA, CALIFORNIA 92236 PHoNE (760)398-3502 . FAx (760)398-8117 • WWW.COACHELLA.ORG August 27, 2012 Mr. Andy Mogensen, AICP City of La Quinta Planning Department P. O. Box 1504 La Quinta CA 92253 Subject: La Quinta General Plan Update Draft Environmental Impact Report (DEIR) Dear Andy: The City of Coachella would like to thank your staff and consultants for including the City of Coachella, throughout your process, in the La Quinta General Plan Update. We had the privilege of meeting with you during the early planning stages and discussed items of mutual concern. We are excited to see the latest documents that are now approaching the public hearing process. Upon closer review of the documents, the City of Coachella would like to register the following comments regarding the draft documents. 1) The Preferred Alternative Land Use Plan (Exhibit I-5) shows the entire geographic area bounded by Jackson Street, Airport Boulevard, Harrison Street and the Coachella City boundary as "Low Density Residential' except for two areas of "Community Commercial' at SW corner of Van Buren and Avenue 53, and on the west side of Harrison Street between Airport Boulevard and Avenue 60 (north of Avenue 54). The City is concerned about this blanket designation for the following reasons. a) The preferred land use plan deviates from the Vista Santa Rosa Land Use Concept Plan (VSRLUCP) with respect to the clustering of densities at the Village Center near Coachella Valley High School. The City of Coachella believes that "Medium High Density Residential', "High Density. Residential", "Village Center" and "Community Center" uses identified in the VSRLUCP at Calhoun Street and Airport Boulevard are beneficial to the long term quality of life E-1 in the area. The City of Coachella would encourage the creation of a neighborhood center similar to what is envisioned in the VSRLUCP in order to reduce vehicular trips for the commercial needs of nearby residents, and to have a cluster of density near the existing High School to promote walking routes to school. b) The intersection of Van Buren Street and Avenue 52 in Coachella has approximately 160 acres of undeveloped land designated for General Commercial uses. Commercial land developers have studied this intersection as a future node for regional commercial and medical office uses. This area has the potential to become a significant employment center. The City of Coachella is in favor or designating the land north of Avenue 53 and east of Calhoun Street to include "Medium Density" and "High Density" Residential uses to cluster homes near this future employment center. An Affirmative Action/Equal Opportunity Employer 4 .; Letter to City of La Quinta August 27, 2012 Page 2 2) The proposed roadway diagram for Harrison Street south of Airport Boulevard is shown as a Major Arterial consisting of six lanes with a raised median. Please note that the City of Coachella has approved a policy document for Harrison Street between Avenue 54 and Highway l l l ("Harrison Street Corridor Study") that calls for a de-emphasized roadway with four lanes of travel and parallel parking on the street. It is our desire to shift regional traffic onto Van Buren Street and Calhoun Street as future north -south arterial streets within Coachella. In addition to anticipated future E-2 commercial uses and possible expansion of the Augustine Casino, the Van Buren and Calhoun Street corridors will provide connectivity between planned community parks at Van Buren and Avenue 49 (Rancho Las Flores) and at Avenue 50 and Calhoun Street (La Colonia Park). The City of Coachella would encourage policies that would require a transitioning section of Harrison Street between Avenue 58 and Airport Boulevard to reduce the number of lanes for north -bound traffic into Coachella. 3) The draft Circulation Element diagram as shown in Exhibit III-18 identifies the major roadway arterials on the traditional section lines throughout La Quinta's sphere of influence (i.e., Avenue 54, Airport Boulevard, Jackson Street, Van Buren Street, Avenue 58, and Avenue 60, etc.). While a majority of Coachella's arterials have not been developed, we see this as an opportunity to enhance connectivity by including the Y2-mile connecting roadways as much as possible into the General Plan network. Accordingly, the City of Coachella will be including Avenue 53, Avenue 55, Avenue 57, Avenue 59, and Avenue 61 into the Circulation Element. Similarly, we will be including Calhoun Street, Frederick Street and Shady Lane as north -south arterial streets to distribute the traffic in a E-3 manner that would allow all arterial streets to be no larger than a four -lane roadway. The City of Coachella would encourage smaller block distances between arterial streets to discourage highway - type arterials and encourage pedestrian -friendly streets that provide access to local commercial and public uses within identifiable neighborhood centers. The City has an over -arching goal to improve the health of our residents through the built environment by promoting walkable communities, improving opportunities for short distance non -motorized travel, and improve access to parks and recreational uses. Thank you again for this opportunity to comment and we look forward to sharing our draft General Plan documents with you and your staff as they become available. Please contact me at (760)398-3102 if you have further questions regarding this matter. Sincerely, V 44 Luis Lopez Development Services Director Xc: David Garcia, Jonathan Hoy 410 { .a V [_ i C it 41� F Established in 1918 as a public agency U .l Valley Water District Z AUG 27 2diZ ;Coachella CITY OF LA QUtNTA Pt-ANNtNGOEPARTMFNT -.,...- ---._ _ J Directors: Peter Nelson, President - Div. 4 Steven B. Robbins, General Manager -Chief Engineer John P. Powell, Jr., Vice President - Div. 3 Julia Fernandez, Board Secretary Patricia A. Larson - Div. 2 Debi Livesay - Div. 5 Redwine and Sherrill, Attorneys Franz W. De Klotz - Div. 1 August 22, 2012 File: 1150.14 Andrew Mogensen, AICP Principal Planner City of La Quinta Post Office Box 1504 La Quinta, CA 92253 Dear Mr. Mogensen: Subject: Notice of Completion of a Draft Environmental Impact Report for the City of La Quinta General Plan Update Thank you for affording the Coachella Valley Water District (CVWD) the opportunity to review the Notice of Completion of a Draft Environmental Impact Report (DEIR) for the La Quinta General Plan Update. CVWD provides domestic water, wastewater, recycled water, irrigation/drainage, regional stormwater protection and groundwater management services to a population of almost 300,000 throughout the Coachella Valley in Southern California. At this time, CVWD submits the following comments regarding the DEIR: 1. Where applicable throughout the DEIR, references should be made to the 2010 Coachella Valley Water Management Plan Update (approved in January 2012), the F-1 Coachella Valley Multiple Species Habitat Conservation Plan, and the Thomas E. Levy Groundwater Recharge Facility. 2. Page M-9, Environmental Summary Matrix: Under the "Existing Conditions" heading, "Hydrology" is misspelled. F-2 Please revise first sentence under "Hydrology" to state: "Analysis and design of F-3 regional flood control structures is the responsihility ofCVWD ". Please revise the last sentence of the first paragraph under "Hydrology" to state "... the Bear Creek System, the East La Quinta Channel System, Dike No. 2,Guadelupe Dike, F-4 and Dike No. 4. " In reference to the second paragraph under the "Project Impacts" heading, please note F-5 that the portion of the Coachella Valley Stormwater Channel within the Planning Area is not a "levee ", and most of this section has slope protection. 411 Andrew Mogensen, AICP Principal Planner City of La Quinta 2 August 22, 2012 3. Page M-10, Environmental Summary Matrix: In the last sentence of the third paragraph under the headings "Existing Conditions" and "Water Resources/Quality", F-6 please revise to read: "CVWD estimates the annual overdraft for 2010 to be 7,457 acre-feet. " 4. Page II-12: Please revise the third paragraph to read "... which drains an approximate F 1, 069-square-mile watershed at Indio... " or "... which drains an approximate 1,525- square -mile watershed at the Salton Sea... ". In the last paragraph, please replace "Whitewater River" with "Whitewater River F-g Stormwater Channel". 5. Pa eg II13: Under the heading "Domestic Water Resources", please revise the second sentence to the following: "It uses wells to extract groundwater which naturally recharges from mountain runoff. Natural recharge is supplemented by replenishment F-9 programs supplying supplemental water to the Thomas E. Levy Groundwater Recharge Facility near Dike No. 4 and at the Martinez Canyon Pilot Groundwater Recharge Facility near Martinez Canyon. " Under the heading "Whitewater River Subbasin", please revise the last sentence of F-10 the first paragraph to state "...Lower Whitewater River Subbasin Area of Benefit. " In the first sentence of the second paragraph, please revise to read "...groundwater use F-11 in the Whitewater River Subbasin has been steadily increasing to a point where demand has exceeded natural supplies. " 6. Page II20: In the third sentence of the first paragraph under "Domestic Water", please revise to read "... and south and east of the Planning Area at the Thomas E. Levy F-12 Groundwater Recharge Facility near Dike No. 4 and at the Martinez Canyon Pilot Groundwater Recharge Facility near Martinez Canyon. " In the last two sentences of the paragraph under "Wastewater Services", please replace "Mid -Valley Water Reclamation Plant" with "Water Reclamation Plant No. 4". Page III-104: In the first sentence of the paragraph under "Regional Stormwater Management', please revise to read: "Analysis and design of regional flood control Structures is the responsibility of CVWD ". Please revise the second to last sentence to read "... include the Coachella Valley Stormwater Channel, Whitewater River Stormwater Channel, the La Quinta Evacuation Channel, the Bear Creek System, the East La Quinta Channel System, Dike No. 2, Guadalupe Dike, and Dike No. 4. " 1 P.O.Box 10�8 Coachella,CA?22.io phone (7Gfl)393 2651 Faz (760) 398=37i 1 .-dtvAv.cvWd.Org F-13 F-14 F-15 Andrew Mogensen, AICP Principal Planner City of La Quinta August 22, 2012 Please revise the first four sentences in the first paragraph under "Whitewater River/Coachella Valley Stormwater Channel" to read: "The Whitewater River, which flows into the Coachella Valley Stormwater Channel in the Planning Area, is the principal drainage course in the City, extending through the Coachella valley for 50 F-16 miles, with an average cross-section of 350 feet. The Channel is generally dry, but may be inundated during storm events. Most of the Coachella Valley Stormwater Channel sections within the City have reinforced slope protection; the remaining portions are protected by unreinforeed earthen berms. " Please revise the first sentence of the second paragraph to read: "The aforementioned reinforced slopes and remaining unreinforced earthen banks are classified by FEMA F-17 as "Provisionally Accredited Levees ", indicating that they provide protection from the 100 year flood. " 8. Page III-105: Please revise the last sentence under "Bear Creek System" to read: "CVWD has applied for FEMA accreditation of the Bear Creek Channel System F-18 including the training dike, and is awaiting receipt of the formal accreditation letter. " In reference to the last sentence of the paragraph under "Oleander Reservoir", the Standard Project Flood elevation is projected to be 54 feet at the reservoir; please F-19 verify 44-foot elevation associated with the 100-year flood. 9. Page II1-106: In reference to the first two sentences of the first paragraph under F-20 "Dikes", please note that the dikes were constructed to protect agricultural lands. Also, the Eastside Dike is not located within an area covered by the City's General Plan F-21 Update. 10. Page III-110: Please revise the first two sentences of the first paragraph under "Levee Failure and Seiching " to read: "There are several major stormwater or irrigation F-22 facilities located in the Planning Area including the Coachella Valley Stormwater Channel, Coachella Canal, and Lake Cahuilla. " In the first sentence of the second paragraph, please replace "sand levees" with F-23 "banks" or "levees". 11. Page III-238: Pease revise the second sentence of the third paragraph under "Existing Conditions " to read: "Although Colorado River water is one of the Coachella Valley's F-24 main sources of water, it has elevated levels of salinity. This water has been cited as contributing to the elevated salinity levels found in the Valley. " 12. Page III-239: Please revise the last sentence of the first paragraph under "Thermal Subarea" to read: "... increased pumpage has lowered groundwater levels in the lower F-25 portion of the Whitewater River subbasin. " Andrew Mogensen, AICP Principal Planner City of La Quinta 4 August 22, 2012 Please revise the first sentence of the third paragraph to read: "The upper and lower F-26 aquifer zones of the Thermal subarea... " Please revise the first sentence under "Regional Water Supply and Demand" to read: F-27 "The Coachella Valleys principal domestic water source is groundwater. " 13. Page III-240: Please revise the first and second sentences under "Regional Water Supply" to read: "Domestic water is provided in the City and most of the sphere by F-28 CVWD. Groundwater is the primary source for this water supply." In the first sentence of the second paragraph, please add "Area of Benefit" after F-29 "Subbasin ". Please revise the last sentence of the third paragraph to read: "... the annual balance in the Area of Benefit for 2010 was estimated to be -7,457 acre feet109 n And please F-30 add this sentence: "The cumulative overdraft for the Area of Benefit through 2010 is estimated to be 4,497,609 acre-feet 1 n9" Under "Historic and Current Consumption", please add "Area of Benefit" after F-31 "Subbasin ". 14. Page III-241: Please revise the title of Table III-50 to "Coachella Valley Water District Annual Water Production Within the Lower Whitewater River Subbasin Area F-32 of Benefit. " Under "Domestic Water Facilities", please update data to include the following: "CVWD has 102 active wells, 59 reservoirs, and in 2011 delivered 1OZ805 acre-feet F-33 of water to a population of 286, 240. " 15. Page III-243: Please replace"... and the Mission Creek subbasins... "with "...and the Mission Creek Subbasin Areas of Benefit" in the second and third paragraphs on F-34 this page." 16. Paee III-244: Please revise the heading "Reclaimed Water/Tertiary Treated Water" F-35 to "Recycled Water/Tertiary Treated Water". In the second sentence under this heading, please revise to state "...of which two have facilities to treat wastewater... " and add this sentence after the second sentence: "A third CVWD water reclamation F-36 plant produces secondary treated water suitable for irrigation where uses are restricted " 17. Page III-245: In the next to last sentence of the first paragraph on the page, please F-37 replace "turn" with "turf'. Andrew Mogensen, AICP Principal Planner City of La Quinta 5 August 22, 2012 18. Pape III-246: Please revise the fourth and fifth sentences of the second paragraph under "Water Quality" to read: "In some areas, low levels of naturally -occurring arsenic F-38 have been found. CVWD has three ion exchange treatment facilities for arsenic removal; these are located in the Mecca and Thermal areas. " 19. Page III-247: Please revise the second and third sentences under "Total Dissolved Solids" to read: "The secondary MCL for TDS includes an upper level of I, 000 milligrams per liter (mg/L) and a short-term level of], 500 mg/L. Based on CVWD domestic well monitoring data for 2009, TDS levels ranged from 150 to 980 mg/L. " F-39 Under "Nitrates", please remove the "s" from "commons" in the second sentence of F-40 the first paragraph. 20. Pape III-248: Please revise the first sentence of the fourth paragraph on the page to read: "The primary water quality issues in the Coachella Valley are salinity and F-41 nitrates. " Please add "River" after "Whitewater" in the second sentence. 21. Page III-252: Please replace "reclaimed" with "recycled" in the last sentence of the F-42 first paragraph under "Impacts to Water Supply Resources ". 22. Pape III- 254: In the third sentence of the first paragraph, revise to read "...established F-43 thresholds for domestic water... " and place a comma after "chromium-6" in the last sentence. In the third sentence under "Nitrates", please revise to read "... nitrate concentrations F-44 in domestic water provided by CVWD range from "not detected" to a maximum of 40 mg/L. " 23. Page III-255: Please remove the "s" from "impacts" in the first sentence of the first F-45 full paragraph. 24. Exhibit III-10: The Coachella Valley Stormwater Channel is mislabeled as the F-46 "Whitewater River". If you have any questions, please call Luke Stowe, Senior Environmental Specialist, extension 2545. Yours ery'tiruly, Mark L. Johnson Director of Engineering tri�tr�� G 1009 TV EndoEngLreerfng 74i le Eitgi teering Air Qualily studies I red-fe isse sntents August27,2012 Mr. David Lennon Hofmann Land Development Co. P.O. Box 758 Concord, CA 94522 SUBJECT: Comments on the La Quinta 2035 General Plan Circulation Element Update Traffic Impact Analysis and DEIR Related to the Travertine Specific Plan Dear Mr. Lennon; Endo Engineering has reviewed the "City of La Quinta General Plan Circulation Element Update Traffic Impact Analysis"('PIA), dated May 14, 2012, by Iteris, Inc and DEIR. The traffic analysis reviewed was downloaded from the City of La Quinta 2035 General Plan Update website as Appendix H of the "Draft EIR for the City of La Quinta General Plan" (dated July 2012) prepared by Terra Nova Planning and Research, Inc. The 45-day DEIR review period ends on August 27, 2012. Our review focuses on those aspects of the traffic impact analysis that may affect the Travertine Specific Plan. The three potential access routes to the Travertine Specific Plan are Madison Street, Avenue 62, and Jefferson Street. The future traffic volumes and levels of service along these routes upon General Plan buildout must be provided to determine if they are consistent with current development plans. For example, the travel demand for Madison Street, between Avenue 60 and Avenue 62, is important to identify so that the roadway can be appropriately sized. Given the cost of the bridge required to construct this roadway connection, a realistic future traffic projection is needed for this roadway segment. Without this projection, it is difficult to appropriately size the other access roadways that will serve the Travertine Specific Plan. The classification of Jefferson Street, north of the Travertine site, will need to be considered when the Travertine Specific Plan is amended in the future. In view of the topographic constraints to be overcome to construct this roadway, an appropriate classification must be identified to provide sufficient but not excess capacity. However, this roadway was not evaluated in the TIA and no future traffic projection was provided for Jefferson Street, between Avenue 58 and Avenue 62. Another critical issue the City has been struggling with for many years is the magnitude of future regional travel demands on Avenue 62, Monroe Street, and Madison Street associated with the South Valley Parkway Implementation Program. The TIA does not provide volumes on many of these streets that would be necessary to identify the future regional through -traffic volumes in this area. Based upon the projected peak hour traffic volumes at Intersection 37, regional through traffic utilizing Avenue 62 appears to be minimal. 28811 Woodcock Drive, Laguna Niguel, CA 92677-1330 Phone: (949) 362-0020 E-Mail:endoengr@cox.net F 416 General Comments on the General Plan Update and DEIR 1. As shown in General Plan Exhibit II-10, EIR Exhibit III-20, and Table 10 of the TIA, future traffic projections are not provided for several General Plan roadway segments that are critical to the development of the Travertine Specific Plan. Future traffic projections are needed for: (1) Avenue 62, west of Madison Street; (2) Avenue 58, west of Madison Street; (3) Jefferson Street, north of Travertine; (4) Madison Street, north of Avenue 62; and (5) Avenue 60, west of Madison Street. Section 6.3 of the TIA (Page 52) indicates that the growth in raw LQTAM volumes between the year 2009 and the year 2035 was added to the existing 24-hour volumes from CVAG to obtain forecast year 2035 daily volumes. However, future traffic projections were not evaluated for some General Plan roadway segments that were included in the CVAG "Traffic Census Report". For example, CVAG provided existing daily traffic count data for three segments along Airport Boulevard (east of Madison Street, east of Monroe Street, and east of Jackson Street). Future traffic projections were not provided in the TIA for these roadway segments. G 1 It can be seen from General Plan Exhibit II-10, EIR Exhibit III-20, and Table 10 of the TIA, that numerous master planned roadway segments were not included in the CVAG "Traffic Census Report" and therefore have no future traffic projection. Without future traffic projections, the adequacy of the master planned roadway classifications for many General Plan roadway segments, particularly those in the developing areas of southeast La Quinta, cannot be verified. Future traffic projections are necessary for all of the General Plan roadway links to ensure that future traffic studies properly address General Plan buildout traffic conditions. Will year 2035 LQTAM daily traffic projections be made available to enable future traffic studies to evaluate General Plan buildout traffic volumes? As a minimum, the raw LQTAM volumes for the year 2009 and the year 2035 should he provided for those roadway links where no count data was provided in the CVAG "Traffic Census Report". 2. In Appendix H of the DEIR, page 12 of the TIA refers readers to Appendix A for the traffic G 2 count data used in the traffic study. Appendix A of the TIA was not provided on the City website and should be made available for review. 3. In Appendix H of the DEIR, page 32 of the TIA references the "LQTAM Model Documentation and Validation Report" (dated February, 2011) prepared by Iteris, Inc. This report is critical and should be provided on the City website or at a minimum made available upon request. Based upon the existing CVAG counts and the portion of the land in southeast La Qumta that has been developed to date, it appears that the future traffic projections along G-3 Madison Street are substantially higher than expected. The rationale for the additional future traffic is not provided in the TIA. Consequently, the calibration of the model in this area is of particular interest and should be reviewed. Specific Comments Related to the Travertine Specific Plan The Travertine Specific Plan was originally approved in 1994 with a total trip generation of 27,300 daily trips and included the development of 2,300 dwelling units, 100,000 square feet of retail, and a 500-room hotel. Access to the Travertine Specific Plan was planned via three streets, the primary access from Madison Street, and minor access from Avenue 62 and from Jefferson Street/Avenue 58. G-3A In 2008, a proposed amendment to the Travertine Specific Plan included 1,400 dwelling units and a 500-room hotel generating 17,390 daily trips. The amended proposal represented a 39 percent 2 41l decrease in dwelling units, and a 36 percent decrease in total trip generation. From a capacity perspective, the Travertine Specific Plan area could be served by two two-lane roadways, or one 4- lane roadway. In view of the high cost of constructing off -site roadway improvements to provide access to the project site, it is critical that the access be appropriately sized. Therefore, the access streets of Madison Street, Jefferson Street, and Avenue 62 near the Travertine Specific Plan need to be carefully evaluated to ensure that a sufficient, but not excessive capacity is provided. Madison Street 4. In Exhibit 5 of the TIA, the existing turning movement volumes for the intersection of Madison Street and Avenue 60 (Intersection 32) appear to be too high, unless the volumes represent primarily construction traffic. The six existing homes accessed via Avenue 60, west of Madison Street, should not generate 66 morning peak hour and 43 evening peak hour trips on this segment of Avenue 60. Furthermore, the primary traffic movement associated with these residents should be to/from the north, not to and from the east via Avenue 60. Traffic count data from 2008 that shows 18 vehicles in the morning peak hour and 6 vehicles in the evening G-4 peak hour on this leg of Avenue 60. Given the questionable existing traffic count data, the existing turning movements at this intersection should not be used as the basis to project the future turning movements. Doing so results in unrealistically high projections for Avenue 60, west of Madison Street. It also results in more northbound vehicles on Madison Street turning left into a relatively small low -density residential area via Avenue 60 than continuing northbound through the intersection toward the commercial and employment opportunities in the more developed portions of La Quinta. 5. General Plan Exhibit II-2 and EIR Exhibit 11I-18 incorrectly identify Avenue 62 as a modified 2-lane divided secondary arterial between Madison Street and Monroe Street. However, G-5 Figure 4 of the TIA correctly shows that Avenue 62, between Madison Street and Monroe Street, is a 2-lane undivided Modified Collector Street. 6. General Plan Exhibit II-2 and EIR Exhibit III-18 incorrectly identify Monroe Street, between Avenue 60 and Avenue 62, as a four -lane undivided Secondary Arterial. This segment of G-6 Monroe Street is currently classified as a Modified Secondary Arterial A (which is a two-lane divided roadway with a lower capacity that a four -lane undivided roadway). 7. General Plan Exhibit II-2, EIR Exhibit III-18, and the TIA Figure 4 identify Madison Street, extending between Avenue 60 and Avenue 62 as a Modified Secondary Arterial A. However, all of the future base maps in the TIA incorrectly show a break in Madison Street where it G-7 crosses the dike, south of Avenue 60. The future base maps should show that Madison Street will be connected between Avenue 60 and Avenue 62. 8. TIA Figure 6 shows an existing bicycle route passing through the intersection of Madison Street and Avenue 62. The intersection of Madison Street and Avenue 62 does not currently exist. Therefore, a bicycle route through this intersection does not currently exist. On the G-8 City's website, the "City of La Quinta Bike Map" only extends south to Avenue 60. Therefore, it does not show an existing bike route extending through the intersection of Madison Street and Avenue 62. 9. General Plan Table 1I-12, EIR Table 11148, and Table 10 of the TIA show Madison Street (between Avenue 54 and Airport Blvd.) with a projected future traffic volume of 47,529 vehicles per day. This future projection is much higher than expected, based on development trends and trip generation studies in this area. Since the land south of this point is nearly 50 percent G-9 developed and the CVAG peak season daily traffic count for Madison Street is currently less than 10,000 vehicles per day, it appears unlikely that the General Plan buildout daily volume will exceed 30,000 ADT. UKI The major specific plans in this area have been developing at approximately 50 percent of the densities permitted under the existing entitlements. In addition, the trip generation studies of developments such as PGA West and Trilogy have identified trip -generation rates consistent with age -restricted senior residential developments. The trip generation of residential developments in this area has been approximately 30 percent of the trip generation rates associated with traditional single-family residential dwellings. Extensive traffic counts at the access points to PGA West have identified a trip generation rate that is 35 percent of the traditional single-family residential trip generation rate, even though PGA West is not an age - restricted community. Was the trip generation assumed in the modeling for development in this area based upon the entitlements, census data, or the actual development that has occurred? How did the calibration run for existing development compare to the existing traffic volumes for Madison Street, between Avenue 54 and Airport Blvd.? The calibration run probably shows existing traffic projections much higher than the existing traffic count data. This would indicate that both the residential development intensities and trip -generation rates assumed for this area in the model were too high. 10. Figure 11 of the TIA shows year 2035 turning movement projections at the intersection of Madison Street and Avenue 60 (Intersection 32) that are not reasonable for this location. They indicate that approximately one-half of the northbound traffic on Madison Street turns west at Avenue 60. The northbound left -turn volume (from Madison Street onto Avenue 60) is G-10 projected to exceed the northbound through volume during the evening peak hours. At this intersection there should be very little traffic making a northbound left -turn movement since the west leg of Avenue 60 only serves a very small low -density residential development area. 11. Figure 13 of the TIA shows enhanced intersection treatments at Intersection 32 required because the traffic volume assigned to Avenue 60, west of Madison Street, was unrealistically high. There is minimal development planned west of Madison Street (low -density residential uses) with access to Madison Street opposite Avenue 60. Furthermore, Avenue 60, west of Madison Street is constructed as a local street with 36 feet of pavement that would not G-11 accommodate the four lanes of through traffic and dual eastbound left-tum lanes shown in Figure 13. There is i large development planned west of the existing Andalusia development, but its future access to Madison Street is planned midway between Avenue 60 and Avenue 58, not at Avenue 60. 12. Page 40, 41, and 50 of the TIA, describe enhanced improvements recommended for Intersection 32 (Madison Street and Avenue 60). See Comment 10 and 11. This recommendation should G-12 be revised because the assumptions in the model for this intersection are not correct. Avenue 62 13. General Plan Table U-12, EIR Table III-48, and Table 10 of the TIA show a future volume of 9,624 vehicles per day for Avenue 62, between Madison Street and Monroe Street. However, Figure 11 shows that very little peak hour traffic is projected on Avenue 62, immediately west of Monroe Street (only 90 evening peak hour trips or approximately 1,100 daily trips). This seems to indicate that essentially all of the 9,624 vehicles per day were assigned to Avenue 62 from adjacent future land uses located south of Avenue 62 and traveled west to Madison Street then north to Avenue 60. The Keck property is located south of Avenue 62 and west of G-13 Monroe Street. It is our understanding that future development plans for the Keck property included access primarily to Monroe Street, south of Avenue 62. Only minimal emergency access was planned from the Keck property to Avenue 62, west of Monroe Street. The location of the node connectors from the Keck Property to Avenue 62 and/or Monroe Street were not 41� documented in the TIA or DEIR. However, a nodal connection should not be assumed between the Keck property and Avenue 62. 14. General Plan Table II-12, EIR Table III-48, and Table 10 of the TIA incorrectly identified Avenue 62, between Madison Street and Monroe Street, as a 4-lane Modified Collector with a daily capacity of 28,000 vehicles per day, rather than a 2-lane Modified Collector with a daily G-14 capacity of 14,000 vehicles per day. If the traffic network in the model incorrectly assumed the speed for a four -lane roadway for Avenue 62, between Madison Street and Monroe Street, it would attract more future traffic than the correct two-lane Modified Collector designation resulting in a future volume projection that is unrealistically high. 15. Figure 11 of the TIA shows a morning plus evening peak hour volume for Intersection 37 (Monroe Street at Avenue 62) of 26 in the eastbound direction, and 3 in the westbound direction. How was this traffic distribution determined? The atypical directional split seems to G-15 imply that all vehicles are going eastbound on Avenue 62 past Monroe Street in the peak hours and essentially no vehicles return in the westbound direction on Avenue 62 in the peak hours. 16. Figure 12 of the TIA shows the future lane geometries for Intersection 37 (Monroe Street at Avenue 62) with two westbound through approach lanes opposite a single westbound exit lane G-16 on Avenue 62 serving a peak hour westbound through volume of only 3 vehicles per hour. As a Modified Collector, Avenue 62 will only provide one through lane in each direction between Monroe Street and Madison Street. 17. Figure 12 and 13 of the TIA show that Intersection 37 (Monroe Street at Avenue 62) will have a traffic signal in the future, but the volumes shown on Figure 11 for Intersection 37 would not meet traffic signal warrants. The westbound right -turn volume should not be included as part of G-17 the westbound approach volume because of the recommendation for an exclusive westbound right -turn lane and the right -turn movement does not conflict with the large southbound left -turn movement. 18. The mitigation assumed for Intersection 37 was not appropriate to mitigate the impact at this intersection. Table 8 of the TIA shows Intersection 37 operating at LOS E during the evening peak hour. Footnote 3 states that signalization of the existing lanes was assumed for this intersection. This footnote is not correct because the text referencing Table 8 states that the G-18 analysis is based upon the future lane configurations shown in Figure 11 and the future approach lanes in Figure 11 are not the same as the existing approach lanes at Intersection 37. Traffic signals would not be installed because signal warrants are not met by these volumes. Jefferson Street 19. The TIA did not provide any future traffic projections or level of service analysis for Jefferson Street between Avenue 58 and Avenue 62 (at Madison Street). In order to understand how the G-19 TIA addresses future development in the Travertine Specific Plan area, it is critical to at least provide year 2035 traffic volumes and identify the trip generation assumed for Section 5 and the surrounding development areas. Other Comments 20. As discussed in Comment 13, the LQTAM appears to project approximately 91000 daily trips on Avenue 62 generated by the future development of the Keck property (located south of Avenue 62 between the dike and Monroe Street). Based upon the LQTAM projections, future traffic will access the Keck property by crossing the dike and using Madison Street to travel G-20 to/from the north. If this is the case, the future traffic generated by the development of the Keck property would comprise a sizeable portion of the traffic utilizing the future Avenue 62 crossing 420 of the dike as well as the future bridge needed to extend Madison Street from Avenue 60 to Avenue 62. Consequently, the developers of the Keck property would be responsible for paying their fair -share percentage of the construction of the dike crossing and the extension of Madison Street. It was our understanding that plans for the Keck property take access primarily from Monroe Street (south of Avenue 62). The last Keck property plans that we saw did not have an access designed to take advantage of future roadway improvements to Avenue 62 and Madison Street on the west side of the dike. If the Keck Property takes access primarily from Monroe Street and only takes emergency access to Avenue 62, the traffic assignment to Avenue 62 and Madison Street should be eliminated in the model. This may also reduce the problematic traffic volume on Madison Street, south of Avenue 54, but may increase the demand on Monroe Street, north of Avenue 62. 21. The documentation provides no way to determine the trip generation assumed for the Travertine Specific Plan or the surrounding land uses located south of Avenue 58 and west of Monroe G-21 Street. Without this information, the Travertine development cannot verify that the modeled trip generation for this area is consistent with current development plans. We appreciate the opportunity to comment on the La Quints. General Plan Update TIA and DEIR. Since these documents will be critical in properly evaluating the future traffic impacts associated with the Travertine Specific Plan, it is vital that the information presented in the General Plan be correct and accurately reflect the future developments. Obtaining a clear understanding of the LQTAM will enable us to accurately identify the circulation needs of the Travertine Specific Plan as well as the needs of cumulative developments and regional through traffic. IG �� u •i MIN-11 I. 421 H CITY OF INDIO 100 CIVIC CENTER MALL • INDIO, CA 92201 760.391.4000 FAX760.391,4008 WWW.INDIO.ORG August 24, 2012 AUG 2 [O12 Andrew Mogensen, AICP Principal Planner City of La Quinta P.O. Box1504 78-495 Calle Tampico La Quinta, CA 92253 RE: NOTICE OF COMPLETION OF A DRAFT ENVIRONMENTAL IMPACT REPORT (DEIR) FOR THE CITY OF LA QUINTA GENERAL PLAN UPDATE. Mr. Mogensen, As requested by you we have reviewed the July 2012 City of La Quinta General Plan Draft Environmental Impact Report (Draft EIR), including the Transportation Traffic portions prepared by Terra Nova Planning & Research as well as Appendix H to the Draft EIR, the May 14, 2012 of the City of La Quinta General Plan Circulation Element Update Traffic Impact Analysis prepared by Iteris. While the Draft EIR mentions that several roadways and intersections are shared with other jurisdictions and while the Draft EIR suggests that cooperation and communication with adjacent jurisdictions is needed, there has been no meaningful communication with our City Traffic Engineer (Mr. Tom Brohard) during the preparation of the Traffic Impact Analysis (other than an introductory call from Iteris indicating that their work on this project had begun). In fact, the list H_1 of organizations, persons, and documents consulted shown in Section IX of the Draft EIR does not list or identify any persons or documents from the City of Indio or any other municipality. Rather than preparing their Draft EIR in a vacuum, the City of La Quinta consultants for this project should have discussed various recommendations with the City of Indio and others, particularly those involving 42? Page 2 of 5 adding lanes within the City of Indio, to mitigate significant traffic impacts caused by intensified land use in the City of La Quinta and its sphere of influence. The following comments pertaining to streets and intersections shared with La Quinta are submitted to you for consideration and for inclusion in the City of Indio comment letter on the La Quinta General Plan Draft EIR: 1) Existing Conditions — Regional Roadways — The discussion of State Highway 111 as a Regional Roadway beginning on Page III-204 of the Draft EIR should be modified to indicate that the State relinquished this roadway several years ago to the local cities and the only portion of State Highway 111 H-2 that remains in the Coachella Valley is in the City of Palm Springs. The Highway 111 discussion should also be moved into the discussion of Local Major Highways beginning on Page III-205 of the Draft EIR. 2) Roadway Segment Analysis for General Plan Buildout — Table III-48 beginning on Page III-221 of the Draft EIR contains some significant spikes in future traffic volumes from block to block. These increases do not appear to be reasonable as the adjacent properties are mostly developed at this time. The following Year 2035 ADT forecasts on roadways shared with the City of Indio require further validation: a. Jefferson Street from Avenue 48 to Avenue 50 — In this segment, 2035 ADT volumes are 7,000 higher south of Avenue 48 and 18,000 higher north of Avenue 50 than the adjacent segments. b. Highway 111 from Dune Palms Road to Jefferson Street - In this H-3 segment, 2035 ADT volumes are 10,000 higher east of Dune Palms Road than the adjacent segment to the west. c. Avenue 48 from Dune Palms to Jefferson Street - In this segment, 2035 ADT volumes are 16,000 higher east of Dune Palms Road than the segment to the west. d. Avenue 50 from Jefferson Street to Madison Street - In this segment, 2035 ADT volumes are 14,000 higher east of Jefferson Street than the segment to the west. 3) Intersection Impact Analysis — Table III-49 beginning on Page III-226 of the Draft EIR provides AM and PM Peak Intersection Analysis with 2035 buildout volumes during the peak season. The table should be expanded to indicate and more clearly disclose the additional lanes/traffic control measures that are required, particularly those additions in other jurisdictions including Indio. H-4 From Exhibit III-21 to achieve LOS "D" or better, the following additional lanes are needed according to the Draft EIR at the intersections that are shared between La Quinta and Indio: a. Jefferson Street and Fred Waring Drive — 50% Indio; 50% La Quinta — Add westbound right turn lane in Indio. 4?3 Page 3 of 5 b. Jefferson Street and Hiahway 111 — 75% Indio; 25%" La Quinta — Add southbound left turn lane and 4'" southbound thru lane in La Quinta; add 4ch northbound thru lane in Indio. c. Jefferson Street and Avenue 50 — 25% Indio; 75% La Quinta — Add 2nd eastbound left turn lane in La Quinta; add 2nd westbound left turn lane and 2"d westbound thru lane in Indio. d. Madison Street and Avenue '50 - 75% Indio; 25% La Quinta — The proposed lane additions in the Draft EIR have been modified by the Indio/La Quinta Project Development Team (PDT) working together on the improvement of Madison Street to eliminate the possible need for a third northbound thru lane in Indio. The Draft EIR should be updated to reflect the ultimate intersection geometry approved by the PDT on July 24, 2012. These lane additions in the City of La Quinta now include a 2"d eastbound thru lane and an eastbound right turn lane. Lane additions in the City of Indio now include a 2"d southbound left turn lane, a second southbound thru lane, and a southbound right turn lane; a 2"d northbound left turn lane, a 2"d northbound thru lane, and a northbound right turn lane; and a 2"d westbound thru lane and a westbound right turn lane. A traffic signal will also be installed at this intersection. e. Madison Street and Avenue 52 — 25% Indio; 75% La Quinta - The H-4 proposed lane additions in the Draft EIR have been modified by the Indio/La Quinta PDT working together on the improvement of Madison Street to eliminate the possible need for a third northbound thru lane in Indio. The Draft EIR should be updated to reflect the ultimate intersection geometry approved by the PDT on July 24, 2012. These lane additions in the City of La Quinta now include two southbound left turn lanes, a second southbound thru lane, and a southbound right turn lane; a 2"d northbound left turn lane and a 2"d northbound thru lane. Lane additions in the City of Indio now include a 2"d westbound thru lane. A traffic signal will also be installed at this intersection. f. Monroe Street and Avenue 52 — 50% Indio; 25% La Quinta; 25% County — Add 2 nd eastbound thru lane in La Quinta; add 2"d southbound left turn lane, 2"d southbound thru lane and southbound right turn lane in Indio; add 2"d westbound thru lane in Indio; add two northbound left turn lanes, a 2"d northbound thru lane, and a northbound right turn lane in the County. 4) Intersections Potentially Worse Than LOS "D" - The underlying analysis in the Draft EIR is very conservative, having bumped up the, October traffic counts by 10 percent to reflect higher volumes in January, February, and March. This baseline increase of 10 percent effectively translates to a drop in LOS from H-5 "D" to "E" at these intersections. Constructing costly additional improvements to maintain LOS "D" for the highest traffic volumes during three months of the year, when these intersections will operate at LOS "D" or better for the other 44 Page 4 of 5 nine months of the year, is not justified during these difficult economic conditions. Since our Circulation Plan Update in 2008, the City of Indio allows LOS "E" under certain conditions (see attached). Many other jurisdictions in California also allow LOS "E under these or similar conditions. For intersections shared with the City of Indio, especially those where Indio has jurisdiction over 75 percent of the intersection, the City of La Quinta should reconsider its LOS "D" standard and also allow LOS "E" under certain conditions. Mitigation measures necessary to achieve LOS "E" should be identified and more clearly disclosed in separate tables and figures, together with identification of improvements that are required within the City of Indio. According to the Draft EIR, intersections shared between the Cities of La Quinta and Indio that may operate at worse than LOS "D" include: H-5 a. Jefferson Street and Highway 111 — Only 25% of this intersection is in the City of La Quinta, with 75% of the intersection within the City of Indio. While adding a third SB left turn lane may be feasible, adding fourth northbound and southbound thru lanes on Jefferson Street will require additional right of way in the City of Indio. Both cities have constructed what are typically considered the maximum practical improvements at Jefferson Street and Highway 111 including dual left turn lanes, three thru lanes, and separate right turn lanes with green arrow overlaps on each approach. Further widening of the intersection which necessitates purchase of right of way and could result in other environmental impacts is not acceptable to the City of Indio. In accordance with the attached policy, LOS "E" conditions will therefore be acceptable if they should occur at buildout in Year 2035 during the peak season (January thru March) at Jefferson Street and Highway 111 in the City of Indio. b. c. Madison Street and Avenue 50 - Only 25% of this intersection is in the City of La Quinta, with 75% of the intersection within the City of Indio. The revised lane configurations approved by the Indio/La Quinta PDT will result in LOS "D" or better operating conditions in Year 2035. Further widening of the intersection which necessitates purchase of additional right of way and could result in other environmental impacts is not acceptable to the City of Indio. In accordance with the attached policy, LOS "E" conditions will therefore be acceptable if they should occur at buildout in Year 2035 during the peak season (January thru March) at Madison Street and Avenue 50 in the City of Indio. 425 Page 5 of 5 Please feel free to contact us at 760-391-4120 with any question you may have. Community Development Department Planning Division RSIDE i V,,0� COUNTY 1 OF 10Y ♦ L TRANSPORTATION AND by Y a jr LAND MANAGEMENT AGENCY Transportation Department August 27, 2012 Les Johnson, Planning Director City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253. Subject:Draft Environmental Impact Report(DEIR) and City of La Quinta General Plan City of La Quinta Dear Mr. Johnson: i UJa� OF RIVE x x ��ATbNUF'4' ' Joan C Pear, P.E. T E.. Dinrcrnr of Tiansparnmirr Thank you for the opportunity to review the City of La Quinta General Plan. We offer the following comments. The Riverside County Transportation Department (RCTD) has reviewed the Circulation Element for the City of La Quinta General Plan. The County requests that any roadway designations within the City's Circulation Element that extend to the City/County boundary and the City's sphere of influence and that differ from the County's designations be coordinated with County staff. Specifically the RCTD has compared the City's Circulation Element to the County'scurrent Circulation Element and the Circulation Element the County will be proposing in its own update to the County General Plan. the RCTD is primarily concerned with potential conflicts regarding the proposed' designations on Harrison Street (former SR-86) and Avenue 62 within the City's Circulation Element. Based on discussions with City staff, the County understands that Harrison Street was modeled for the City's General Plan as an 8 lane divided facility and that the City's traffic model demonstrated the -need for a facility of this size. The County concurs that an 8 lane facility will need to be accommodated in the future for Harrison Street. However, as of the writing of this letter the last published version of the'City's General Plan showed Harrison Street as a Major Arterial Highway (6',lanes divided within'128 feet of right- of-way). The County requests the City incorporate a cross-section foran 8 lane divided highway into the City's.General Plan and that the designation of Harrison, Street would be changed to that cross-section. The County requests that the City's cross-section would generally conform to the attached cross-section. The City is proposing that Avenue 62 be designated as a Secondary Arterial, Highway (4 lanes undivided within102 feet of right-of-way). The County has previously analyzed this roadway in the South Valley Parkway Traffic Study and Roadway Phasing Plan dated April4, 2007 prepared by Kimley-Horn and 1.2 Associates, Inc. The conclusions of that study indicated that the portion of Avenue 62 that falls within the City's General Plan between Monroe Street and, Harrison; Street should be planned for four lanes within 4080 Untiin Street. 8th"Floor Rivetcside. California 92501 • (951)'955-6740 P.O. Box 1090 • Roerside.. California 92502-1090 • FAX (951) 955-3198 41 Les Johnson, Planning Director Page 2 August 27, 2012 220-feet of right-of-way. The County has doneadditional traffic modeling of this corridor in connection, with a proposed update of the County's General Plan using the RIVTAM model The assumptions of model for the,proposed General Plan incorporated approved"Specific Plans within this portion of the County, but otherwise did not use the proposed land use assumptions of the: South Valley Parkway. The General Plan update model analyzed the full future build -.out of all unincorporated and incorporated areas beyond the 2035 horizon, and the model has indicated that traffic volumes on Avenue 62 will warrant at least a 6 lane divided facility at full build out.. The County continues to recommend that Avenue 62 should be designated in such as way that sufficient right-of-way will be preserved for the accommodation of ultimate future growth and that at a minimum will permit the construction ofa 6 lane divided facility. The County believes"that a minimum of'152 feet of right-of-way should be preserved for this roadway, especially between Jackson Street and Harrison Street. The County has adopted Community Design Guidelines for an area known as Vista SantaRosa(VSR). The boundaries of this community include the unincorporated portions:of the City of La Quinta's General Plan, covering the Citys current sphere of influence and extend further to the south between Avenue 62 and Avenue, 66 on the north and south and between Monroe Street and Harrison Street on the west and east. The County requests that the City would cooperate with the County in preserving the VSR community 1-3 identity within its full boundaries. The County desires that this area remain intact through inclusion within the sphere of influence of one city and that future planning would consider all portions of this community. Thank you again for the opportunity to review the La Quinta General Plan and EIR. We appreciate your consideration of these comments: Riverside County Administrative Center 4080 Lemon Street, 8`h Floor Riverside, CA 92502 Sincerely, la e-e'4 Farah Khorashadi, P.E. Engineering Division Manager RF:FK:rg Attachment— Standard No. 87 ":8-Lane Expressway cc: Juan C. Perez, Director of Transportation and Land Management Patricia Romo, Deputy Director 4?� N 8 p m J Ohpm I LL rctxz'g nq psZZ J W�< �FF-- N N 2 y� W m ~W 7 w c�h F z[ F v pzp a.O. ZZ�a K O�y�N N W U2 LL-�OI.JO p €IyZJQQ to; w h I�pK N W Q FQ W p w IL _ 9LLwa C$ a _ HUTS 0LL>w 'gyp j. ON�__iN � Z W LL W =%XRRW N p S Z W�N04 d APPROVED BY: ""° COUNTY OF RIVERSIDE _ B-L NE w °.I DIRECTOR OF TRANSPORTATION DATE pni"spy EXPRESSII�/aY JUAN E PEREZ, RCE 49568 (184- R/W) REVISIONS REV BY: APR'D DATE REV 7-17- DATE �! I GR JP 03/2P/1? NO SCALE a --- STANDARD No. 87'(1 OF 2) -- _---- 1 _\\ 4-MEDIAN CURB RETURN \ I'X-WALK RADJUSSEE STD TURN 1 CURB SOS IRADIUS SEE STD 805 _-------- _------ 0'SCR I 1111 j tttt w I27 2'714 r72' 22' 25' I 0p i ------ 100? go IS III I III -0 �. LL p�0 a3. 2 w rc 92' er --..-� O - W;�. goe n0. III III ! s Hfi y& I III I i l�lllil ( 11t1It I i I i i I i III III i ' U i III �mlll � I � III I III I i I. -------G------48' 25' ?? h7h7114 Ti 41717I 27 2S I APPROVED BY: I S� 9� DIRECTOR OF TRANSPORTATION "— JUAN C. PERE7- RCE 49568 DATE a�� a ",�.�' JP COUNTY OF RIVERSIDE 8-LANE EXPRESSWAY (184' RIVU) NO SCALE STANDARD No. 87 (2 OF 2) 1 430 J Board of -Trustees President SHARON LOCK Palm Springs Vice President GARY HOWELL Cathedral City Secretary DOUGLAS WALKER Palm Desert Treasurer ROBERT COX La Quinta STEVEN HERNANDEZ Coachella ALBERT KECK County at Large KARL BAKER, JR. Desert Ho[ Springs Coachella Valley Mosquito and Vector Control District 43-420 Trader Place • Indio, CA 92201 • (760) 342-8287 • Fax (760) 342-8110 • Toll Free 1-888-343-9399 E-mail: CVmosquito@cvmvcd.org • Website: www.cvmvcd.org August 21, 2012 To: Andrew Mogensen, AICP Principal Planner City of La Quinta P.O. Box 1504 78495 Calle Tampico La Quinta, CA 92253 p .sJ 1tU �l I F CITY OF LA OUINTA r"LANNING DEPARTIuc, AUG 27 2012 Subject: Comments regarding Notice of Completion of a Draft Environmental Impact Report (DEIR) for the City of La Quinta General Plan Update, State Clearinghouse No. 2010111094 Dear Mr. Mogensen, Thank you for the opportunity to express the position and concern of the Coachella Valley Mosquito and Vector Control District (hereafter, the District) regarding the Draft Environmental Impact Report (EIR) for the City of La Quinta General Plan Update (State Clearinghouse No. 2010111094). The District is a non -enterprise independent special district accountable to the BRUCE UNDE Dr. P.H. citizens of the Coachella Valley, charged with the protection of public health Indiann Wells Wells through the control of vectors and vector -borne diseases within its boundaries. We SAM TORRES operate under the California Health and Safety Code Division 3, Sections 2000- J-� Indio 2910 (known as the Mosquito Abatement and Vector Control District Law). Our CHARLES RICH activities include the prevention and control of mosquitoes, filth flies, eye gnats, Rancho Mirage and the red imported fire ant. The General Plan Update may result in increases in BRANKA B. LOTHROP, Ph. D. these vector populations and impact the ability of the District to control vectors. General Manager Specifically, the expansion of La Quinta into its Sphere of Influence to the south J-2 and east will increase the likelihood that residents encounter vector and nuisance insects in agricultural and wetland habitats. Mosquitoes Within the urbanized areas of La Quinta, as well as the rest of the Coachella Valley, mosquitoes breed in storm drain systems, neglected swimming pools, poorly designed or damaged landscape irrigation systems, and other containers that hold water for at least 96 hours. The most important vector species are the J-3 encephalitis mosquito and the southern house mosquito. These species can vector (transmit) West Nile virus, western equine encephalomyelitis and St. Louis encephalitis to humans. Additionally, West Nile virus and western equine 431 encephalomyelitis can infect horses, which is of interest to La Quinta due to its numerous equestrian trails. The General Plan Update indicates that the number of dwelling units in the planning area will be increased to 53,103. The current number of dwelling units that are occupied year-round is 14,820 of the 23,489 available. If the current year-round occupation rate is kept constant at 63%, then J-4 19,648 dwelling units could be expected to be unoccupied. If the current number of seasonal, recreational, and occasional use homes remains the same (27.5% according to the 2010 U.S. census), then 14,603 homes will be vacant for at least part of the year. The District conducts aerial photography to determine if pools are neglected. In April 2012, we identified 245 pools in La Quinta as possibly being neglected, or approximately 1% of the J 5 dwelling units present. With an increase in dwelling units, we might expect this to reach 530 pools at build out. We currently see that approximately half of the pools on our possibly neglected list require treatment and follow-up inspections. Storm drains, catch basins, dry wells, and detention basins are also commonly used as breeding sites for mosquitoes within the urban environment. Given that 2,084.5 acres of street rights of way are proposed to be built under the Preferred Plan, we expect that more storm drains will be built. We applaud La Quinta's commitment on page V-4 to be a Full Service Community. We J-6 agree that "storm drains ... [are] maintained in good working order and of adequate service level to address existing and future needs" is an important Guiding Principle and a task that ensures effective use of mosquito control products. As the agricultural areas of the Sphere of Influence are built, residents are likely to encounter floodwater mosquitoes known as Psorophora. These mosquitoes are not vectors of disease; J-7 however, they are active day and night and are very painful biters. The addition of residents in the area will result in additional service requests, increasing our workload. Filth flies and eye gnats As the area within the La Quinta Sphere of Influence is developed from agricultural property into dwelling units, we expect to receive more requests for control of filth flies and eye gnats. Most flies lay eggs in decaying plant or animal matter as can be found in agricultural practices. We have seen the development of homes in traditionally agriculture areas result in unhappy J-8 homeowners who are not pleased with the presence of adult flies. We can and do recommend methods of preventing breeding sources of flies, but properties that are zoned for agriculture do have potential for fly breeding even when practicing standard and acceptable agricultural practices as defined by the California Health and Safety code. Red imparted fire ants (RIFA) While the red imported fire ant (RIFA) is not a vector of disease, it is an invasive species within the Coachella Valley that produces a very painful sting. People may experience localized pain or swelling and in some cases, anaphylactic shock. In urban areas, they build mounds close to buildings, in school yards, athletic fields, golf courses, and parks. In agricultural areas, they can J-9 build mounds near water sources and drip irrigation systems, feed on seeds and budding fruits, and sting livestock. La Quinta already has several golf courses that are infested with RIFA, and 43 further creation of green spaces will likely 'result in the spread of the insect into the currently less urbanized Sphere of Influence. We applaud the City of La Quinta's commitment to using desert landscaping techniques as well as the development of educational programs and demonstration gardens to inform the public and businesses of water efficient techniques and sustainable practices. Reducing water use, J-10 particularly wasted water that flows into storm drains, will result in decreases in vector populations. We encourage the city to work with us and future developers to use vector prevention strategies when building storm drains and choosing landscape options. Sincerely, Jenwfer Henke, M.S. Environmental Biologist jhenke@cvmvcd.org cc: Branka B. Lothrop, Ph.D., General Manager Jeremy Wittie, M.S., Scientific Operations Manager 433 Co of Riverside EPO eo oho sS W Lenoir, Dlrtdar Fax:951-955-1811 Aug 27 2012 16:42 IVE I Auk QUTY �A N ..tN-G P9PART DATE: Augurs t 27, 2012 TO: City of La Qulnta Pie nning Depi FROM: Riverside County Ph inning Dep RE: City oIf La Quints G eneral Plai Dear City of Le Qltinta, Thank you for thel opportunity t review the The County of RiLerside has to en notice I is included within the Sphere f Influeno Community to th i east of the C1 ty of La Qul The Vista Santa Rosa community has beer initiated by cou'ty'staff, the ommunity within the sommrtity_ The Vista Santa � osa Design uidellnes v in January 20U9„ efter' comple ion of this verstde requs that co The County of R1 Vista Santa RosA community, s referenci into the City's updated General Plan and a Please feel free jto contact m with any Sincerely, XC: Carolyn Syls Luna, Planning Director Frank CoylaA deputy Director, RE4 ndum 's General Plan Update and associate a significant portion of unincorporated the City of La Quints, namely the I subject of an intensive and colic :its within this area, and other adopted by the Riverside County Bc iborative effort and are avallabie at P. 02 EiNT 'Side County Santa Rasa effort TA t consideration of the comprehensive identity for the detailed within the Design Guidellnes, IP incorporated it associated planning documents. ons or concerns at (951) 955-66,� olr via eMal at 42 M Rivereltte Offl • 4080 lemon set, l2th FI r Dosed Office • 38688 El Ce P.O. Sax 140Riverside, Car mia 92592-14 Palm Desert, Cailiomla (951) 00 • Fax (95) 955-1811 (760) 86"277 • Fax (700) Plennt,,�, r uture... PreservingOurPasr ' II ^ Yl _ IN K-1 ..4: M .I _ 434 L H O F M A N N C O M P A N Y City of La Quinta Planning Department Attention: Andrew Mogensen 78-495 Calle Tampico La Quinta, CA 92247-1504 Gentlemen, August 27, 2012 Re: Comments on General Plan Update -Draft E.I.R. Attached is a commentary and a number of questions and concerns about the Circulation element portion of the Draft E.I.R. which was prepared by Endo Engineering the Traffic Engineering consultant for the Travertine project. Hofmann Land Development Co is representing Travertine Corporation in Its effort to entitle and eventually develop the Travertine property in South La Quinta. A variety of constraints have been identified in analyses performed by Travertine which are likely to modify the scope and type of development of the subject property from that which is shown on the General Plan Update and the previously approved Specific Plan and other entitlements. Of particular concern to the property owners is the planned road network and the ability to deliver all of the road segments identified in this E.I.R. and prior City circulation documents given these constraints. Madison Street Extension, Jefferson Street extension and Ave 62 Extension all serve and extend through the project under current General Plan scenarios. We have made numerous requests to staff to work with us to review and analyze the modification and/or the possible deletion or conversion to emergency access of one or more of these roads as part of this General Plan Update. Staff has advised that such review and analysis is not timely and should be undertaken later as part of a Specific Plan review of the Travertine property. We have respected this requested, as it has been our understanding that the City intends to review and apply the circulation element flexibly in this area of the City L 1 understanding that among other things, it is not in the public interest to construct roads that are unnecessary or oversized. The Endo Engineering analysis of the report reveals that this southerly area of the City was not extensively studied and much detailed information is lacking when compared to the analysis performed in other areas. For the above reasons we request that a written statement be included in the policy document confirming that circulation will be flexibly interpreted in the Southerly Jefferson/Avenue OFFICE: 3000 OAK ROAD- SUITE 360 • WALNUT CREEK, CA 94597 • PxoNE 925/478-2020 • FAx 925/977-1689 MAIL: P.O. BOX 907• CONCORD, CA94522 43 58/Madison/Avenue 62 area and further that an acknowledgement of this be included in the EIR Circulation analysis. We also seek clarification of a related statement in the General Plan Update regarding all weather crossings as found on 11-53 of the Update. Jefferson and Madison streets are correctly identified as all —weather crossing where they extend over Dikes 4 and 2. The further southerly extension of Jefferson, if constructed, may not be an all weather facility. Although this may not be a direct Draft EIR comment, but we note that financial modeling referenced in the Draft General Plan Update notes that the City has relied upon an assumption of 500 Hotel units in the Travertine project. It remains Travertine's desire to accommodate an element of Transit occupancy tax generating land use in the project. The 500 hotel unit assumption used for the property is a gross overstatement of the potential for this property and should not be used in the City's financial projections, land use or other assumptions. The City's own experience in successfully integrating Hotel uses in its central location is a credible citation for decreasing this assumption. We recommend and request that a more reasonable 125 to 150 room maximum Hotel- like facility located in the Travertine development be used in this document and in other financial assumptions. Thank you for the opportunity to comment on these documents. Hofmann Land Development Company David T. Lennon It 436 AGUA CALIENTE BAND OF CAHUILLA INDIANS TRIBAL HISTORIC PRESERVATION September 5, 2012 Andrew Mogenson, AICP Principal Planner City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quints, CA 92253 SEP 10 2012 TY OF LA QUINTA M RE: Transmittal of Notice of Completion of a Draft Environmental Impact Report (DEIR) for the City of La Quints General Update State Clearinghouse No. 2010111094, la Quints, CA Dear Mr. Mogenson: The Agua Caliente Band of Cahuilla Indians (ACBCI) appreciates your efforts to invite the Tribal Historic Preservation Office (THPO) in the providing comments on the City of La Quints General Update DEIR. The General Plan Update is not located within the boundaries of the ACBCI Reservation however it is within the Tribe's Traditional Use Area (TUA). The THPO has the following comments: According to our records on Cahuilla landscapes, there are traditional cultural properties exist within the General Plan area that have not been documented Dr. Lowell Bean's book The Cahuilla Landscape (1991) and Frank Patencio's book, Stories and Legends of the Palm Springs Indians (1943) describe two Cahuilla place name locations. Cow on vah al ham ah is a settlement area for the Cahuilla located east of Happy Point. The area is associated with the M-1 Cahuilla culture hero Eagle Flowerwho made impressions into the surrounding landscape. Another Cahuilla place name location is located near the historic La Quints Hotel on Eisenhower. Oral traditions suggest Eagle Flower resided in a village known as Kbtevewit along the foothills. Archaeological sites and cultural resources mentioned in the DEIR may be associated with these important Cahuilla place names locations. Because of the documented traditional landscapes and cultural resources located within the planned area and sensitivity of these places the ACBCI THPO requests the following to be considered and incorporated into the General Plan: 1. We request a thorough background research in traditional Cahuilla landscapes and oral history to better understand the cultural significance and potential impacts to the M-2 Cahuilla traditional places. This research shall be added to the historic and prehistoric sections of the plan under Cultural Resources 2. Under Section III-66 3.1 Mitigation Measures regarding consultations with tribes, we M-3 would like to emphasize the need for consultation on every project 5401 DINAH SHORE DRIVE; PALM SPRINGS, CA 92264437 T 760/699/6800 F 760/69916924 WWW.AGUACALIENTE-NSN.GOV 3. Section III-66 3.2 Mitigation Measures, we request the following be added: 100% M4 survey and cultural resource inventory is required prior to the approval of projects 4. Section 111-66 3.2 Mitigation Measures, we request copies of any associated cultural resource reports and site records that might be generated in connection with these M-5 efforts for review and comment 5. Section 111-66 3.2 Mitigation Measures, we request a review period of 45 days to review the associated cultural resource reports and site records and will provide M-6 additional comments, such as proposed mitigation measures or conditions of approval, at that time. 6. Page 11167 Section A. Mitigation Monitoring and reporting we request an Approved Cultural Resource Monitor(s) must be present during any ground disturbing activlties by developers. Should buried cultural deposits be encountered, the Monitor may request that destructive construction halt and the Monitor shall notify a Qualified M-7 (Secretary of the interior's Standards and Guidelines) Archaeologist to investigate and, if necessary, prepare a mitigation plan for submission to the Ague Caliente Tribal Historic Preservation Officer. Work on the overall project may continue during this assessment period. 7. We request specification if human remains are encountered during grading and other construction excavation, work in the immediate vicinity shall cease and the County M-8 Coroner shall be contacted pursuant to State Health and Safety Code §7050.5. The Ague Caliente Tribe appreciates your interest in our cultural heritage. If you have questions or require additional information, please call me at (760) 699-6907. You may also email me at ptuck(cDaquacaliente_-nsnmgov. Cordially, -P, 6 V�-- Patricia Garcia -Tuck, Director Tribal Historic Preservation Office AGUA CALIENTE BAND OF CAHUILLA INDIANS V. Ague Caliente Cultural Register X1CONSULTATIONS Letters1FY2012%TUALLaquinta DEIR GenPalnUpdate_09_05_12.docx AGUA CALIENTE BAUD OP CAHUILLA INDIW 438 W W W.AG U AC.A L.I E NTE -N SN, GOV L J TERRA NOVA PLANNING & RESEARCH 1NC TRANSMITTAL MEMORANDUM JUL17 2012 NOTICE OF COMPLETION Date: July 10, 2012 I To: Responsible Agencies and Interested Parties IT From: Nicole Sauviat Criste, Planning Consultant, City of La Quinta Subject: Transmittal of Notice of Completion of a Draft Environmental Impact Report (DEIR) for the City of La Quinta General Plan Update State Clearinghouse No. 2010111094 Enclosed please find the above referenced Draft EIR for the City of La Quinta General Plan Update. The project involves the assignment of land use designations on incorporated City lands, and its Sphere of Influence. The document is being provided to you for review as a responsible agency or interested party. The comment period runs from July 12, 2012 to August 27, 2012. If you have comments, please submit them prior to August 27, 2012. You may FAX comments to the attention of Andrew Mogensen, AICP, Principal Planner, at FAX No. (760) 777-1233 within this time frame. Please also send hard copies to the City, attention Andrew Mogensen, via mail to the address below to assure legible and reproducible originals. Mr. Andrew Mogensen, AICP Principal Planner City of La Quinta P. O. Box 1504 79-495 Calle Tampico La Quinta, CA 92253 If you have any questions regarding the enclosed or require additional information, please do not hesitate to contact me at (760) 341-4800 or Mr. Mogensen at (760) 777-7125. 42635 MELANIE PLACE, SUITE 101 O PALM DESERT, CA 92211 0 (760) 341-48000 FAX (760) 341-4455 439 ATTACHMENT # 6 I� Andrew J. Mogensen j Principal Planner AN 2 7 2012 City of La Quinta j P.O. Box 1504 MY OF LAOUINTA La Quinta, California 92247 Pt ANN1W D". AgTMFN7 -- August 23, 2012 Dear Mr. Mogensen: I am writing to voice my opposition to the General Plan Update that has been proposed for the City of La Quinta. I have owned a home in La Quinta since 1988 when City Hall was no more than a temporary building and La Quinta itself, other than the La Quinta Country Club, La Quinta Hotel and PGA West, was merely a smattering of temporary homes, lots with trailers parked on them and only a scattering of well maintained residences. However, new construction was in progress throughout the City and new projects like Lake La Quinta, Rancho La Quinta, and Traditions as well as other residential and commercial developments were on the drawing boards. Combined, they promised to increase property values and transform La Quinta into a desirable community for all. In other words, the saying, The Gem Of The Desert was truly the goal of the Planning Commission back then. After reading La Quinta's newly proposed General Plan, it didn't take me long to won- der why there has been such a shift in goals. It sounds like we are striving to be an extension of Indio. I suggest you look to the communities.to the west of La Quinta and mimic their develop- ment rather than what appears to be no more than a rubber stamp of the UN Agenda 21. Terms such as sustainable development and smart growth are socialist terms and lead to paths that have turned most European Capitols into the decayed disasters they are today. I'm sure you aware that Agenda 21 is not a law. It is merely a series of suggestions that do not have to be adopted. Many cities throughout California and the country who desire legitimate improvement and elevated property values for their communities have opted out. It is not too late to add the City of La Quinta to that growing list and I urge you to do so. La Quinta has become the envy of the other desert communities. Let's put together a plan that will keep it La Quinta The Gem Of The Desert for generations to come. I will be happy to provide further input and/or answer any questions you may have re- garding my concerns. I can be contacted at the phone number printed at the bottom of the page. Thank you for your time and consideration.: Sincerely: Michael L. Bailardo P.O. BOX 1392 - LA QUINTA, CALIFORNIA 92247-1392 - (760) 564-6730 ME Mrs. Neeta Quinn La Quinta, CA 92253 (760) 772-3630 cnquinn@aol.com August 27, 2012 Andrew J. Mogensen, AICP Principle Planner City of La Quinta P.O. Box 1504 La Quinta, CA 92247-1504 RE: 2035 LA QUINTA GENERAL PLAN UPDATE Dear Mr. Mogensen: City ei, ix a Planning Depa tnent My husband and I wish to present to you our written opposition to the recently announced 2035 La Quinta General Plan update. We are aware that this "sustainable' plan is part and parcel of the United Nations Agenda 21, which President George H.W. Bush signed in 1992, at the Earth Summit, on behalf of the United States. Since Agenda 21 was `soft law" and not a treaty, Congress had no role to perform. In 1993, President Clinton signed Executive Order #12852, creating, and advancing, the President's Council on Sustainable Development (PCSD). The federal government gave more than $5 million to the American Planning Association to write `Growing Smart: Legislative Guidebook," aka "Sustainable America," in order to bring UN Agenda 21 to the United States. The cabinet agencies of the Executive Branch of government were charged with implementing this `global to local program," advancing Agenda 21/Sustainable Development policy in the U.S: Smart Growth was the result, taking root and now exerting increasing influence in communities across America. In 2011, President Obama implemented Executive Order #13575, which established the White House Rural Council, initiating Sustainable Development for the rural areas. Were you aware of this? Because other cities are opting out, I presume we are not required by any law to enact or follow this Agenda. We do not need our city council, public servants, to plan our lives; planning whether we live in stacked or packed housing, or deciding whether we drive a car or ride a bike. It is our choice, not the city council or planning department's °plan" deciding what type of °healthy" lifestyle we shall have. We do not want to conform to the views and dictates of Planners. We, as individuals, do not want to take a back seat to the collective, in the process of implementing Sustainable Development. 441 PAGE TWO La Quints General Plan Agenda 21 La Quinta can opt -out of this. As stated before, other cities have —to name a few in California: Alameda, Carson, Danville, Eureka, Hawthorne, Inglewood, Lake Elsinore, Lawndale, Manhattan Beach, Palos Verdes Estates, Rancho Cucamonga, Sacramento, San Rafael, Stockton, and Temecula. Other cities across this country from Alaska to the Mid -West, to Tennessee, to Washington, are saying no to this insidious infiltration into the American way of life. We cannot allow the government to take control of all land use, to lower our standard of living, or allow our cities to be remade by redevelopment. We cannot allow our freedom of choice to be taken from us, nor our right to own private property. We shall decide where we live. We shall decide what, where, and when we drive. We shall decide when we want to ride a bike. We do not need the council or unelected planners engineering or planning a 'healthy lifestyle.' Sustainable Development is restructuring our lives and is targeting our children through an educational regime. It calls for the need to 'enlist and empower children and youth in reaching for sustainability.' It expressly calls for the elimination of private property and the freedom that private property supports. We are afraid it could cause irreparable harm to our economy and our society by the "implementation of your economic growth for social stability" presenting a dimming future for us and our posterity, taking away our individual freedom of choice. Please understand your role in the community, as a public servant, is to administer government in a manner that protects individual liberty. We are Americans first, and the government 9—it is 'of the Peoplel' People who can say yes or ro--who can be Americans first, and choose to do the right thing. It has long been known that liberty is tied to the institution of private property. 'Private property and freedom are Inseparable.' ---George Washington You cannot allow the United Nations, or ICLEI, to instruct you on how to control our growth and development. It is none of their business. This General Plan must not be implemented, and the City of La Quinta must opt -out of Agenda 21/Sustainable Development. You can choose to do the right thing. Do your own homework and research and you will see the truth.. 442 PAGE THREE La Quinta General Plan Agenda 21 Attached is a flyer that we will be distributing to our local residents and businesses. We, the citizenry, have been asleep, unaware of the damage that is being done to our country and our cities, by our elected representatives who were entrusted to protect our rights. We are awake now, and will take an active role in our community to stop this Agenda that violates our constitutional rights. We will also inform our neighboring cities and towns as well. Most Sincerety, Nests Quinn End. cc: City of La Quinta Mayor Don Adolph Council Members: Kristy Franklin, Terry Henderson, Linda Evans, Lee Osborne Briannestande.com greg/brrrton@thedesertsun.com gseversonQm.com Nicole.brembila@thedesertsun.cwn deMneboe8o@yahoo.com Uncolndubcv.com Palm Springs Patrkrts Coalition East Valley Republican Women Concerned Citizens of La Quints CV Young Republicans hanraport@verimn.net LawrencePonce84@gmail.com Robert@integraladv.com RSylk77@aol.c orn Fspevaoek@la-quinta.org dianeadolph@ad.com David Wilson/ 943knews.com 44- IMPORTANT INFORMATION YOU DID NOT KNOW LA QUINTA'S 2035 GENERAL PLAN FOLLOWS THE GUIDELINES OF THE UNITED NATIONS SUSTAINABLE DEVELOPMENT ACTION PLAN-401OWN AS U.N. AGENDA FOR THE 21ae CENTURY. NOTE THIS IS NOT STATE -MANDATED. • On page 11434 of the La Quints 2035 General Plan, "Sustainable Community," the plannerstwrkere quote the United Nations definition of sustainability as... "dvelonment that meats the needs of the ruesent tell you that quote Is from a 1987 UN report entitled "Oar Common Future," by Chairman Gro Harlem Brundtland, former Director -General of the World Health Organization, and Vice President of the World Socialist Party. Using the framework provided by the Brundtiand Commission, the United Natrona Is seeking to have Implemented In your local town or city Its agenda --Agenda 21. (Refarenco Link: Seepage 3 st wwwmoratagerighLcomfarddevdarticlesl110acommonlaml*n) Continuing on page 114A It states... "There are three pifmaty contributors to sustahrable development the economy, the environmeng and the." Actually "equity" is the term used in the text, not People. "Equity" means to restructure human nature and to enforce that restructure by shifting our system of justice from one that adheres to the principle of equal justice and unalienable rights to one that Implements the concept of "social iustice." Harvey Ruvin, Vice Chair of ICLEI, has said that "individual rights will have to take a back seat to the cogective" In the process of implementing Sustainable Development. (see www.needomadvocatas.wg-Undarspnd na SUBWaatdo DeVeWp rent Agenda 21) • Quoting Maurice Strong, Secretary General of the 1992 Rlo Faith Summit... "Current IKestyhes and consumption Patten' of the affluent middle cNM Involving high meat Intalte, use of fossil fuels, appliances, home and work air conditioning, and suburban housing are "NOT SUSTAINABLE." At this Summit. Agenda 21 was signed by then President George H.W. Bush, along with 178 other world leaders. • Sustainable Development Is the UN's Agenda 21 program for global control and restriction over your daily We, including your private property, individual rights, and civil liberties. For detailed documentation regarding the "real" General Plan for La Quints and other cities and towns across America, refer to the below webeltes. Please do your own homework and research. www.heedomadvocatee org www.Dem0cmIsAgainstihNAgenda.com www.tightonthedesertorg Because Agenda 21 represented solt law and not an actual binding treaty (i.e. hard law), It did not require the ratification of the U.S. Senate or approval from Congress, Instead it was Implemented by President Bill Clinton in 1993, wherein he signed Executive Order #12852, creating and advancing the Preeldenre Council on Sustainable Development (PCSD). The federal government gave more than $6 million to the American Planning Association to write "Growing Smart: legislative Guidebook," aka "Sustainable America." to bring UN Agenda 21 to the United States. Smart Growth was the result, now taking root and exerting Increasing Influence in our towns and allies across America. 444 Unsigned Letter Received on 10/24/12 from Robert Righetti La Quinta General Plan — A Model of Freedom or Redistribution "The legitimate object of government is to do for the people what needs to be done, but which they cannot, by individual effort, do at all, or do so well, for themselves." - Abraham Lincoln Words have meaning. To most people that would seem obvious. We communicate with other on a level to be understood, and to be clear about our intent. However, words can also be used like seeds in a field, spread out on the ground, waiting for the rain and tilling to work them into the soil for future sprouting. Words can be pregnant with meaning, and when words are placed on a page, they are there for future users to expand upon as they may choose. For this reason, it is important that every one who is working on a document that will be used by others in the future must provide sufficient context to explain, define and set in place the original intent of the person crafting the text. The General Plan, although properly titled as "general" plan, is frequently divined by later users as the gospel, and, as is stated several times in the text, "the General Plan is the foundation upon which all land use decisions are based .... All development proposals must be analyzed and tested for the consistency with the goals, policies, and programs in every applicable element of the General Plan." (LQGP 1-5,6) So, it is wise to assume that the principals, goals and policies espoused in the General Plan must be clear enough to provide guidance to future users so that a finding for "consistency" can be made. However, rarely does a community prepare it's own general plan language in its entirety. In normal "modem planning" practice, the General Plan is prepared by a consultant who follows a defined practice specified by either state or federal regulations, and by the current vogues or trends in planning. It is then left up to the community to review it and revise it as they deem necessary, but usually that is simply a matter of resolving arguments over land use designations, etc. One of the concerns raised by local citizens about the new La Quinta General Plan (LQGP) is the direction that it appears to be going with the inclusion of terms and language that may lead to an increasing role of government over broader and smaller elements of our everyday life, most especially is modifying, changing and shaping our future behavior, whether that was intended or not. Although it is true that government needs to provide a certain level of protection to the community it serves, the bigger question is how far government should go toward providing "the protection of people and property from environmental and man-made hazards, as well as the preservation of city assets." (LQGP I-4) And, in the course of establishing those powers, how are the word choices used within our governing documents to empower that protection. As we all know, words within the law of contracts and in the regulatory element can have far reaching consequences when interpreted by those who follow behind us to enforce them. There are an abundance of examples of how those word choices can empower the people to retain their freedom, or empower their government to bind them, or in this case, change them. A classic example is the "Kelo decision" by the U.S. Supreme CourL 445 Although the LQGP states that the changes proposed in this new plan are not significant (LQGP II4), and that the City has "considerable latitude in how it presents and enforces it's land use designations, there is significant change in the direction that the planning community understands the role of planning, and how it uses land use to effect change. Moreover, this document sets the stage for future changes to achieve the desired goals of "Sustainable Development." For example, the City's circulation element, although nothing more than the overall to move people and commerce, is now viewed as a tool for environmental change, "behavior modification," and "improved social and economic sustainability." Although they are nice sounding words, these words can be pregnant with meaning to future users. So, what has really changed about the LQGP is the broader scope of the mission for planning as a tool for social engineering and redistribution. Although the City says they have flexibility, California's SB-375 has changed the game. "This relatively new law creates `Sustainable Community Strategies' being developed by the Southern California Association of Governments (SCAG), that are designed to intensify development, encourage mixed use development in close proximity to employment centers, bus routes and commercial services." (LQGP II-14) And, ultimately, where does SCAG get their model? "The United Nations defines sustainability as `development that meets the needs of the present without compromising the ability of future generations to meet their own needs."' LQGP II-134. The paragraph goes on to quote from the source document (noted in the footnote at the bottom of the page as "'Report of the World Commission on Environment and Development"', United Nations, December 11, 1987" This report is also known as the Brundtland Report, or in more common terns today as "Agenda 2 L" By its approach, the City is committed to this purpose, as noted on page II-15 of the LQGP. In addition, as "modem planning principles" are more heavily influenced by the three components, or "pillars" of sustainable Communities, sometimes called the 3E's: Equity (Social Equity) Environment Economic z1 446 In the case of the LQGP, the writers have used a variation on the description of "sustainable development" that softens the usual associations made from the "313's" as set out in the Brundtland Report. (Seepage I1-134 of the LQGP) The paternity of these ., concepts cannot be ignored, nor should they be shoved aside or waved off by assuming that these things mean something different to us. There can be no doubt that the inclusion of these concepts, and the weaving of them into the principals, goals and policies of the general plan has occurred because the author; of the text have been educated and programmed to include them, and are being directed to infuse them into the text under the guidelines of AB32 and SB375. On top of this is the current agenda of many international planning groups to rectify the drainage of wealth away from the cities an into the urban areas. One of the obvious efforts to impose this agenda is reflected in the following key point from the General Plan: • "A historic example of this relationship has been seen in the loss of populations from urban centers to smaller towns or suburbs." This is what is currently called "Regionalism," and is the "modern planning" device being used to redistribute community wealth, modify the behavior of people, and force people away from the freedom of an automobile and into mass or alternative transit. One would have to ask, what relevance does this issue have to the city of La Quinta. Is that really a concern of its citizens? Or is this central planning at its best attempting to rectify what has been deemed a social correction that needs to occur? A simple read through of the LQGP section entitled "Sustainable Community" results in a cache of "pregnant" language that leads the city in the direction of social engineering. And the circulation element is the primary tool to achieve it's implementation. We offer the following representative sections as examples of what the city should seriously consider reviewing before deciding to head down this road: Guiding Principals (LQGP I-1,) The entire list of guiding principals speaks to the traditional ideals of planning, but no where does it mention that the pages that follow are about "behavior modification." Nor does it discuss the private property rights of each property owner that the city should be protecting and defending while they are doing all the rest, except where it states "the protection of people and property from environmental and man-made hazards, as well as the preservation of the City's assets." (LQGP I-4) "the raised awareness of energy efficiency and sustainable, healthy living will change the residential market, and by extension the types of residential projects that are built in the future .... that include new concepts such as transit oriented developments,...." (LQGP II- 13, 14) What this does not state is that the intent of the GP, and the city's land use decisions, is to force these changes on the community by behavior modification. Yes, the state has pushed this issue, as noted on page I-14, with SB375, but is that the direction the city really wants to go? There can be no doubt that the push is for "intensification of land uses envisioned in SB 375, and allows the City to consider the potential of mixed use development for the long term." (LQGP II-15) And, "This General Plan establishes the 3 44� concept of mixed use development, and as provided in Policy LU-7.1 and Program LU7.1 a., requires the creation of a Mixed Use Overlay in the Zoning Ordinance." (LQGP II-16). So, the course is being set for "limiting urban sprawl,..." (LQGP II-19) To do this, the city has incorporated subsidies or "incentives" to achieve the goal (Policy LU7.4 and 4a) and many other sections throughout the elements. The reason that the city is pursuing this course is that they have hooked their wagon to the premise that all of these mitigation elements and changes in land use will somehow lower the temperature of the earth or stop global warming. (See LQGP II-32, 33) And, if Prop 31 is passed, the city will have to give up their planning to the regional planning units that it creates (LQGP II-34). The question to ask is, if SB375 were not in place, would the city pursue this course. The use of mass transit in the past (19`" century) was because there were not cars. It was horse and buggy, trains and boats. (LQGP II-35, 143). The automobile was a liberating invention, but now the city wants to liberate us from the car (LQGP II-143,144, 147). And now the city wants to go back to the limiting, anti - freedom of mass transit, bikes and carts. And it can only be done through the force of police power by the city. (LQGP II-36). The other unfortunate part of this whole scheme is that to do it, the city must pursue outside funding, such as through the "complete streets" program. (LQGP II-50) (Also see the HUD website.) Everything about this whole plan requires enormous subsidies and puts a bigger burden on the tax payer and the businesses, and creates an ever larger government that has to plan and manage this program. (LQGP II-64) And this is in spite of the overall layout of the entire Coachella Valley, as the city acknowledges, "our communities are more spread out. We are also highly dependent upon the automobile and with low rates of occupancy." (LQGP II-71). It is all about behavior modification through subsidy. (LQGP II-113, 114, 115, 127, 128, 129, 140,153). It almost approaches utopian visioning (LQGP II-117). Once you get to the "sustainable community" section, the collective practice of rationing and redistribution through regionalism becomes the primary goal of the plan. (LQGP II- 133,134,141). Although the state `requires that they City consider all forms of transportation in its street design, to assure that alternative transportation routes are available and interconnect in the community," (LQGP 11-148, 152) they also acknowledge that they are only "encouraging' it, and yet it is assumed that future technology "will evolve" to free us from the car. But is that a fact, and must the city shape their whole city around that assumption? It would be assumed that this is their intent since they joined the "Healthy City" movement and HEAL. (LQGP H-153,154). These are just a few of the areas in the plan where the implementation of the so-called "Agenda 2 1 " is occurring. We would ask that the city really review the word choices they have used and confirm that this is where they really want to go. 41 448 w /I P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLE TAMPICO (760) 7 7 7 - 7 0 0 0 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101 September 11, 2012 Mrs. Neeta Quinn La Quinta, CA 92253 RE: Response to Letter of August 27, 2012 — 2035 La Quinta General Plan Update Dear Mrs. Quinn: Thank you very much for your recent letter of August 2r, in which you provided comments on the City's Draft General Plan. We greatly appreciate and have considered the comments you have provided. In response, I wanted to take a moment to address the concerns you raised in your letter. Your letter focuses entirely upon the addition of a Sustainable Community element to the Draft General Plan and opposes the update as a result, namely due to the belief that this element is "part and parcel of the United Nations Agenda 21." A Sustainable Community element was added to the Draft General Plan primarily due to the need for the City to meet certain minimum requirements of Califcmia Law, and was not in any way directed by the United Nations' Agenda 21. The flyer included with your letter focuses upon a definition provided in the first paragraph of the background section of the Sustainable Community element (page II-134). We chose to use the UN's definition of sustainability, which was published long before Agenda 21, because it has been used extensively in the development of California State legislation in recent years, and because it stressed"the Importance of economic growth and -stability as vVell as quality of the environment. Economic growth and the environment are issues the CityJims worked hard to preserve and improve -since its incorporation in 1982. This is evident In the high quality of development, the growth in commercial development, and the quality of life enjoyed by the City's residents in the last 20 years. The text accurately reflects the City's belief that the City's future must provide its people, whether they are residents, visitors or businesspeople, with the best location in which to live and work. You will note that we did not use the term "equity," as described in your letter. We specifically used the term "people" to reflect the City's commitment to its residents, visitors and businesspeople. Since.the adoption of the current General Plan in 2002, the State has enacted a number of laws that La Quinta must comply with. This is the "hard law" you refer to in your letter, and includes: m1f 1 i #m a AB 1493: Requires that regulations be created by the California Air Resources Board (GARB) for required improvements in vehicle emissions for cars and non-commercial trucks. These requirements are now being implemented in vehicles made since 2009. Executive Order 5-3-05: This Executive Order was signed by the Governor in 2005. It requires that greenhouse gas emissions be reduced State-wide to 1990 levels by 2020, and 80% lower than 1990 levels by 2050. SB 376: SB 375 (Section 14522.1, Section 65080 of California Government Code), which was passed in 2098, was designed to reduce air emissions, particularly greenhouse gas emissions, for cars and light trucks. It also requires all .cities and counties in California to adopt Sustainable Community Strategies (SCS) to meet this reduction requirement. The SCS are to identify population growth in the area, determine how to house these new residents, and reduce greenhouse gas emissions to 1990 levels by the year 2020. Finally, SB 375 provides for reduced review under the California Environmental Quality Act (CEQA) for certain projects that help a City meet its requirements under the law. SB1368: SB 1368 requires all power companies to increase clean energy production, and reduce traditional carbon -intensive energy production. All utilities, including Imperial Irrigation District, must comply with these mandates, and are currently increasing their renewable energy portfolios. AB 32: AB 32 was passed by the California Legislature in 2006. It is the most comprehensive State legislation, and established a clear process by which all cities and counties in California must reduce greenhouse gas emissions to 1990 levels by 2020. AB 1358: AB 1358 was also passed in 2008, and requires all cities to include all types of transportation, including automobiles, pedestrians, bicyclists, transit and Neighborhood Electric Vehicles in street design. SB 7: Requires that domestic water use be reduced by 20% by the year 2020. This law is being implemented both through efficiency improvements by water districts, including the Coachella Valley Water District, and by the implementation of water conserving landscaping regulations by cities and counties. SB 226: SB 226, passed in 2011, allows cities.and counties to exempt infill projects, transit - oriented development and similar projects from CEQA, thereby reducing processing time for these projects. These laws, and others passed by the State in recent years, have required that the City include discussion and policy in the General Plan to meet these mandates. In La Quinta, we chose to include these discussions and policies in the Sustainable Community Element. In that Element, we have focused on addressing the requirements of these laws to reduce air emissions and to conserve energy and water. This Element does not require any change in the City's development pattern, and will not impact the high quality of development that has already occurred in the City, and that will be built in the future. rim The City must commit to meeting the requirements of State law, or potentially face consequences included in these laws, including onerous requirements for the implementation of its Housing Element, potential loss of funding sources for roadway improvements, and other losses of funding that could be imposed on the City. The Draft General Plan contains policies and programs that will meet the requirements of the law, without mandating significant changes in the City's current character. We have worked hard to preserve existing neighborhoods in the Draft General Plan, and have purposely avoided including any policy, program or other implementation measure that would impact the City's character as it is today. The Land Use Map, which regulates what kind of development (residential, commercial or open space) occurs where in the CRY, is not changing significantly. We have made minor changes to identify golf courses and golf course communities built since the current General Plan was adopted, changed three parcels to make the Map consistent with the Housing Element the City adopted earlier this year, and corrected several public facilities errors (parcels used for substations, wells and similar facilities) that have been built since 2002. With the exception of the aforementioned adjustments there will be no change in how existing property and properly owners can develop their land as a result of the Draft General Plan. To meet the requirements for reducing vehicle trips and increasing residential density near workplaces, the Draft General Plan includes the creation of a Mixed Use zoning overlay, which will apply only to commercial areas, in the City. It is not a requirement that any Mixed Use project be built. Rather, it will allow this type of development, if the development community feels that there is a market for this type of development. If the free market does not create a demand for Mixed Use projects, we would not expect that any will be built in the City. As you may be aware, the City's Planning Commission will consider the Draft General Plan at its meeting this evening (September 11 ), and the City Council is expected to consider the Draft General Plan at its meeting of October 2nd. I encourage you to attend these meetings and participate in the public hearings. I hope that I have been able to address your concerns. I will be glad to speak to you further if you have questiona,'or would like to discuss other issues. I can be reaehed at 760-777-7125, or by email at LiohnsonAla-ouinta.oro. C: Mayor Adolph and City Council Members City Manager 451 P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495,CALLE TAMPICO (760) 777-7000 LA QUINTA, CALIFON NIA 92253 FAX (760) 777-7101 September 11, 2012 Mr. Michael L. Bailardo P. O. Box 1392 La Quinta, CA 92247-1392 RE: Response to Letter of August 23, 2012 Dear Mr. Bailardo: Thank you very much for your recent letter of August 23nd, in which you provided comments on and expressed opposition to the City's Draft General Plan. We greatly appreciate and have considered your comments. In response, I wanted to take a moment to address the concerns you raised in your letter. In your letter, you indicated there is a shift in goals when comparing the Draft General Plan with the existing General Plan. Please note that the goals of the Draft General Plan do not vary from the current General Plan in any significant way. In fact, 16 of the 25 goals in the draft document are exactly the same as those in the City's current General Plan. Of those remaining, eight have been revised, and only one is new. I also wanted to point out for your consideration that the Land Use Map, which guides development in the City, remains almost the same as the current General Plan. We have made three minor changes that 1) more clearly identify golf courses and golf course communities built since the current General Plan was adopted, 2) change three parcels to make the Map consistent with the Housing Element the City adopted earlier this year, -and 3) correct several public facilities errors (parcels used for substations, wells and similar facilities) that have been built since 2002. The goals and intent of the General Plan remain consistent with the vision and direction the City has been implementing for 10 years now. In response to your comments regarding sustainable development, the General Plan added a Sustainable Community element as a means to respond to several new requirements established by California Law. Please note that our effort was not in any way directed by the United Nations' Agenda 21. Since the adoption of the current General Plan in 2002, the State has enacted a number of laws that La Quinta must comply with, including: AB 1493: Requires that regulations be created by the California Air Resources Board (GARB) to establish improvements in vehicle emissions for cars and non-commercial trucks. These requirements are now being implemented in vehicles made since 2009. Executive Order S-3-05: This Executive Order was signed by the Governor in 2005. It requires that greenhouse gas emissions be reduced State-wide to 1990 levels by 2020, and 80% lower than 1990 levels by 2050. SB 376: SB 375 (Section 14522.1, Section 65080 of California Government Code),. which was passed in 2008, was designed to reduce air emissions, particularly greenhouse gas emissions, for cars and light trucks. It also requires all cities and counties in California to adopt Sustainable Community Strategies (SCS) to meet this reduction requirement. The SCS are to identify population growth in the area, determine how to house these new residents, and reduce greenhouse gas emissions to 1990 levels by the year 2020. Finally, SB 375 provides for reduced review under the California Environmental Quality Act (CEQA) for certain projects that help a City meet its requirements under the law. SB1368: SB 1368 requires all power companies to increase clean energy production, and reduce traditional carbon -intensive energy production. All utilities, including Imperial Irrigation District, must comply with these mandates, and are currently increasing their renewable energy portfolios. AB 32: AB 32 was passed by the California Legislature in 2006. It is the most comprehensive State legislation, and established a clear process by which all cities and counties in California must reduce greenhouse gas emissions to 1990 levels by 2020. AB 1368: AB 1358 was passed in 2008, and requires all cities to include all types of transportation, including automobiles, pedestrians, bicyclists, transit • and Neighborhood Electric Vehicles in street design... SB 7: Requires that domestic water use be reduced by 20% by the year 2020. This law is being implemented both through efficiency improvements by water districts, including the Coachella Valley Water District, and by the implementation of water conserving landscaping regulations by cities and counties. SB 226: SB 226, passed'in 2011, allows cities and counties to exempt infill projects, transit -oriented development and similar projects from CEQA, thereby reducing processing time for these projects. These laws, and others passed by the State in recent years, have required that the City include discussion and policy in the General Plan to meet these mandates. In La Quinta, we chose to consolidate these discussions and policies in a Sustainable Community Element. In that element, we have focused on addressing the requirements of these laws to reduce air emissions and to conserve energy and water. 453 This Element does not require' any change in the City's development pattern, and will not impact the high quality of development that has already occurred in the City, and that will be built in the future. The City must commit to meeting the requirements of State law, or face consequences included in these laws, including onerous requirements for the implementation of its Housing Element, potential loss of funding sources for roadway improvements, and other losses of funding that could be imposed on the City. The Draft General Plan contains policies and programs that will meet the requirements of the law, without mandating significant changes in the City's current character. 1 would also like to point out that we have worked hard to preserve existing neighborhoods in the Draft General Plan, and have purposely avoided including any policy, program or other implementation measure that would impact the City's character as it is today. To meet the requirements for reducing vehicle trips and increasing residential density near workplaces, the Draft General Plan includes the creation of a Mixed Use zoning overlay, which will apply only to commercial areas in the City. it is not a requirement that any Mixed Use project be built. Rather, it will allow consideration of this type of development, if the development community feels that there is a market for this type of development. If the free market does not create a demand for Mixed Use projects, we would not expect that any will be bulk in the City. As you may be aware, the City's Planning Commission will consider the Draft General Plan at its meeting this evening (September 11'h), and the City Council is expected to consider the Draft General Plan at its meeting of October 2nd. I encourage you to attend these meetings and participate in the public hearings. Please note that a copy of your letter will be provided to the Planning Commissioners and City Council members for their consideration. In closing, I want to assure you that one of the paramount objectives of all of the City staff and the consultant team that'have been working on this effort to update the City's General Plan is directly in line and consistent with a statement you made - to establish a plan that will, keep La Quinta the Gem of the Desert for generations to come. - I hope that this letter provides clarification and possibly addresses the concerns you have raised. Please feel free to contact me directly as I will be glad to speak to you further if you have questions, or would like to discuss other issues. I can be reached at 760-777-7125, or by, email at Liohnson(Mla-aulnta.om. 454 ATTACHMENT # 7 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA September 11, 2012 CALL TO ORDER 7:02 p.m. A. A regular meeting of the La Quinta Planning Commission was called to order at 7:02 p.m. by Chairwoman Barrows. PRESENT: Commissioners Alderson, Weber, Wilkinson, Wright and Chairwoman Barrows. ABSENT: None. STAFF PRESENT: Planning Director Les Johnson, City Attorney Kathy Jenson, Principal Engineer Ed . Wimmer Planning Manager David Sawyer, Principal Planner Andrew Mogensen, Assistant Planner Eric Ceja and Executive Secretary Carolyn Walker. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: There being no comments, or suggestions, it was moved by Commissioners Alderson/Wilkinson to approve the minutes of July 24, 2012, as submitted. Unanimously approved. V. PUBLIC HEARINGS: A. General Plan Amendment 2010-121, and Environmental Assessment 2012-622: a request by the City of La Quinta to consider a recommendation to the City Council Regarding the Following; Certification of an Environmental Impact Report (SCH#2010111094), Approval of the Greenhouse Gas Inventory and Reduction Plan, and Adoption of the General Plan Update for use City-wide. 45 Planning Commission Minutes September 11, 2012 Principal Planner Andrew Mogensen presented the staff report, a copy of which is on file in the Planning Department. He then introduced Nicole Criste of Terra Nova Planning and Research, the lead consultant on the project who provided further information on the Circulation Element. Chairwoman Barrows asked if there were any questions of staff. Commissioner Wilkinson commented on: • Population calculations • The minimum of one acre lots for low density and equestrian areas • Traffic circles, their costs, fuel efficiency and safety Principal Engineer Wimmer expanded upon the value of roundabouts and if they could not be utilized in a certain location then a traffic signal would be considered. General discussion followed regarding lifestyle and healthy living comments. Commissioner Alderson commented on: • The safety element of roundabouts • The location of the roundabouts currently constructed Commissioner Wright commented on: • Mixed use as a large part of the plan and its effects on the City • Roundabouts being a good idea but should probably be looked at individually Commissioner Weber commented on: • How the traffic element addresses the southern La Quinta areas • .A more detailed explanation of the Harrison Street eight -lane versus four -lane debate • La Quinta's interaction with neighboring communities on the traffic element Planning Commission Minutes September 11, 2012 • Potential impact of various streets; i.e., Madison Street, Avenue 60 and Avenue 62 • Potential impact of the traffic element on the Travertine Specific Plan • Letter from the Agua Caliente Band Ms. Criste explained the process for the traffic modeling as well as responding to Commissioner Weber's comments. She also pointed out there was one correction for a model in the EIR that was not accurately reflected in the exhibit; regarding Harrison Street currently being proposed by the County as an eight -lane roadway to handle East Valley traffic. She went into detail on the City of Coachella's General Plan and the letter from Endo Engineering. General discussion followed regarding: • Traffic volume and projections reflective of the land use designations . • Madison street model peak hour trip volume • Avenues 60, 62 and Jefferson Street future traffic projection Chairwoman Barrows commented on: • The clarification of whether the air quality was mitigatable and SCAQMD's comment on mitigation of air quality • Stating that City is doing everything possible to reduce impacts on air quality • AQMD proposed air quality measures and the City's efforts to address them Ms. Criste explained the types of air quality analysis and why each was utilized, as well as conclusions in the staff report and EIR. She further discussed future emission reductions and directed the Commissioners to the Greenhouse Gas Reduction Plan. General discussion followed on: • Mitigation of potential impacts and proposed development • Improvements in technology and reduction of emissions • The Greenhouse Gas Reduction Plan -3- 457 Planning Commission Minutes September 11, 2012 There being no applicant, as this is a City project, Chairwoman Barrows asked if there was any public comment. Mr. Ulrich Sauerbrey, 74-948 Live Oak, Indian Wells, representing Travertine Corporation, introduced himself and read a statement which covered: • Background on his work with the Travertine project • The submittal of a revised specific plan for the project • The engineering challenges and analysis of the infrastructure to serve that area • Two roads, on the former Specific Plan, versus three on the General Plan • The applicant's views on access and circulation being shared with staff and the suggestion of waiting for submittal of their specific plan to address these issues • Advising the Commission that Travertine is actively studying these matters and are engaged with the City, Riverside Fire and other agency staff to evaluate and resolve the challenges of their property. General comments, from Mr. Sauerbrey, included: • The two streets previously mentioned; including the Jefferson to Avenue 62 connection • General description of the previous specific plan • Current status of the project • Hydrology challenges Ingress/Egress • Submittal of written comments to staff • Reference to an e-mail and response noting a policy, identified in the Circulation Element, allowing for some modifications to be considered by the Public Works Director • Staff's participation in the background and review of this project • Requirements for future changes in the General Plan documents City Attorney Jenson made a point of clarification on comments made, at this meeting, by Mr. Sauerbrey and the public. She stated they would not be included in the Final EIR as the comment period had already closed. The comments could be responded to in staff reports. -4- 458 Planning Commission Minutes September 11, 2012 Mrs. Neeta Quinn - 78-440 Via Sevilla, introduced herself and referred to her letter (in the Commission packet) and asked if the Commissioners had received a copy of her response. Planning Director Johnson stated there were two letters received from residents to which staff responded and were distributed electronically, several hours before the meeting. He then distributed copies of Mrs. Quinn's response to the Commissioners. Mrs. Quinn said she received the response at 5:06 p.m. and did not have adequate time to research and prepare a thorough response. She then commented on her concerns of some of the items in the e-mail: • Opposition to the General Plan and concern with the Sustainable Community section • She read the statement that "the Sustainable Community Element is not a State -mandated element, but is an element that La Quinta believes is important" • She stated she was concerned with its inclusion and reference to the United Nations Agenda 21 and the definition of sustainability from their report of the World Commission on Environment and Development • She asked whose decision was it to have this become a part of the General Plan as the sustainable community element was part of Agenda 21. She read several statements from the United Nations Agenda 21 document • She commented on who had adopted Agenda 21 • She read portions of the United Nations Biodiversity Assessment Report and referenced comments on Page 143 of the Sustainability Community Element • She requested the decision be tabled to allow time for the City to learn about the history of sustainability, where it came from and its association to the United Nations Agenda 21 • She pointed out that Temecula and Rancho Cucamonga had opted out • She was concerned about government intrusion • She noted there was a flyer included in her letter and she would be distributing it throughout the community • She said she would be addressing the Concerned Citizens of La Quinta meeting on September 17, 2012 and the City Council on September 18, 2012. -5- 459 Planning Commission Minutes September 11, 2012 Commissioner Barrows thanked Mrs. Quinn for her comments and said she had never heard of Agenda 21. However, she said what the City was trying to do was make this a more livable community, as well as manage our resources in an intelligent, efficient and cost-effective and economically viable way. She added that approach made sense for the community and had nothing to do with what the United Nations was doing. It was to make La Quinta a better community. There being no further public comment, Chairwoman Barrows closed the public hearing portion of the meeting and opened the matter for Commission discussion. General discussion followed on: • Concerns of the Planning Commission and Council having to follow government regulations in California • Having a plan for the future • Planning for the basic needs for the community • Education of the public and participation in the updating of the General Plan. • Equestrian areas • Air quality There being no further questions or discussion, it was moved and seconded by Commissioners Alderson/Wilkinson to adopt Resolution 2012-015 recommending approval of General Plan Amendment 2010- 121, and Environmental Assessment 2012-622 as submitted. Unanimously approved. B. Village Use Permit 2012-046: a request by Michel Despras — Lavender Bistro — for consideration of a Village Use Permit foi the expansion of an existing storage building at Lavender Bistro, located at 78-073 Calle Barcelona. Assistant Planner Eric Ceja presented the staff report, a copy of which is on file in the Planning Department. Chairwoman Barrows asked if there were any questions of staff. 6- 460 Planning Commission Minutes September 11, 2012 Commissioner Alderson commented on: • Any concerns from neighbors. • Addition possibly effecting parking Staff responded there were no responses from the neighbors and the addition had no effect on the parking requirements. There being no further questions of staff, Chairwoman Barrows asked if there were any questions of the applicant. Mr. Michel Despras, 78-073 Calle Barcelona, introduced himself and said most of the addition was for storage and should have no impact on parking. He then explained why the addition was needed. General discussion followed on: • Landscaping update and additions • The roofline and transition • Compatibility to the current building Chairwoman Barrows asked the applicant if he was satisfied with the Conditions of Approval. Mr. Despras said he was. There being no further questions of the applicant, Chairwoman Barrows asked if there was any public comment. There being none, Chairwoman Barrows closed the public hearing portion of the meeting and opened the matter for Commission discussion. There being no further questions or discussion, it was moved and seconded by Commissioners Weber/Wright to adopt Resolution 2012- 016 recommending approval of Village Use Permit 2012-046 as submitted. Unanimously approved. C. Conditional Use Permit 2012-144: a request by LMLQ Properties, LLC for consideration of an Amendment to a Conditional Use Permit to expand restaurant operations and additional seating at the restaurant ,_ 461 Planning Commission Minutes September 11, 2012 located at 47-474 Caleo Bay Drive — northeast corner of Washington Street and Lake La Quinta Drive. Assistant Planner Eric Ceja presented the staff report, a copy of which is on file in the Planning Department. Chairwoman Barrows asked if there were any questions of staff. Commissioner Weber commented on: • Hours of operation and evening restrictions • The parking agreement • Outdoor dining Commissioner Wilkinson commented on: • Distance to the nearest residents. Commissioner Alderson commented on: • Location of additional parking • Pedestrian crosswalks and the possible risk of crossing at night • Any comments from the neighbors Staff responded there were no comments from the neighboring residents. There being no further questions of staff, Chairwoman Barrows asked if there were any questions of the applicant. Mr. Lee Morcus, owner, 47-474 Washington Street, introduced himself, expressed his pleasure in working with City staff, and commented on the improvement of the building. He explained the type of restaurant this was intended to be; primarily dinner but he would like the flexibility of serving lunch if the market demanded it. He explained the Parking Agreement and stated it was planned to be for staff first and valet second; with female staff being escorted at night. He preferred the guests to be parking closest to the restaurant and not across the street. 46) Planning Commission Minutes September 11, 2012 General discussion followed on: • The use of the outdoor patio • The restaurant name • Landscaping improvements • Exterior improvements Commissioner Wright reiterated the concerns about the safety of crossing to the additional parking. Planning Director Johnson responded by explaining the low volume of traffic and the criteria for establishment of crosswalks. Mr. Morcus stated they were considering constructing a small walkway that extended from their parking lot down towards a handicap ramp; which was proposed to go right on to Lake La Quinta Drive (in 2002). They plan to put a small walkway from that ramp to the La Quinta Medical Center property. He will then ask his employees to use the walkway to free up the nearby restaurant parking area. Staff responded they had not seen a plan for the walkway, but the applicant could certainly address this with the Public Works staff. There being no further questions of the applicant, Chairwoman Barrows asked if there was any public comment. There being no public comment, Chairwoman Barrows closed the public hearing portion of the meeting and opened the matter for Commission discussion. There being no further questions or discussion, it was moved and seconded by Commissioners Wilkinson/Weber to adopt Resolution 2012-017' recommending approval of Conditional Use Permit 2012- 144 as submitted with the recommendation that the applicant work with staff to address any issues on a mid -block crossing to the adjacent parking area. Unanimously approved. D. Conditional Use Permit 2012-142: a request by Crown Castle — Susan Makinson - for consideration of a Conditional Use Permit for a Single - Pole Distributed Antenna System (DAS) at the southeast corner of the Jefferson Street and Avenue 52 Roundabout. 9 463 Planning Commission Minutes September 11, 2012 Assistant Planner Eric Ceja presented the staff report, a copy of which is on file in the Planning Department. Chairwoman Barrows asked if there were any questions of staff. Commissioner Weber asked about the prioritization for co -location on existing poles. Staff explained about the telecommunications ordinance update and how it affected this application. There being no further questions of staff, Chairwoman Barrows asked if there were any questions of the applicant. Susan Makinson, representative of Crown Castle, 5350 N. 48th Street, Ste. 308, Chandler, AZ 85226 introduced herself and said staff originally directed them to look for existing verticality and in this location they found several options which were presented in the report. She then offered to answer any questions. General discussion followed on: • Replacement of the current street light and light levels. • Replacement of the street light pole. Commissioner Barrows asked the applicant if they had any problems with the Conditions of Approval and the applicant responded they did not. There being no further questions of the applicant, Chairwoman Barrows asked if there was any public comment. Shaine Rider - 52205 Desert Spoon Court, in Codorniz - had a question as to why they picked the developed corner as it would have been better, from an aesthetic point of view, to choose an undeveloped corner. Chairwoman Barrows asked for verification of public notification of the meeting and staff responded it had been done and they had received a number of counter visits and phone calls on this site; primarily from Codorniz property owners. -10- 4G'i Planning Commission Minutes September 11, 2012 Ms. Makinson then expanded on the location, and the cost of locating on that particular site. She explained there were existing underground facilities, and available verticality to utilize on that corner. There being no further public comment, Chairwoman Barrows closed the public hearing portion of the meeting and opened the matter for Commission discussion. There being no further questions or discussion, it was moved and seconded by Commissioners Alderson/Wilkinson to adopt Resolution 2012-018 recommending approval of Conditional Use Permit 2012- 142 as submitted. Unanimously approved. E. Conditional Use Permit 2012-143: a request by Crown Castle — Susan Makinson - for consideration of a Conditional Use Permit for a Single Distributed Antenna System (DAS) within the public right-of-way near the intersection of Avenue 50 and Heatherglen. Assistant Planner Eric Ceja presented the staff report, a copy of which is on file in the Planning Department. He noted there was a correction of the pole location which was on the west side of Heatherglen; not the east side. Chairwoman Barrows asked if there were any questions of staff. Commissioners Wright and Wilkinson commented on: • Comments from neighbors in Painted Cove and the Estancias. • Aesthetic impacts of pole location. General discussion followed on: • Improving the appearance of this cell tower. • Verticality on Avenue 50 and the inability to locate on IID equipment. • Camouflaging by landscaping. • Reduction of the pole height. • Search for alternate sites. There being no further questions of staff, Chairwoman Barrows asked if there were any questions of the applicant. -„- 465 Planning Commission Minutes September 11, 2012 Susan Makinson, representative of Crown Castle, 5350 N. 48" Street, Ste. 308, Chandler, AZ 85226 introduced herself and commented on the difficulties with this site. She then explained what was necessary in locating a specific site. She said the anchor tenant was Metro PCS and they were proposing a multi -tenant network, on one pole, for many providers. She said they did consider a flag pole or alternate sites but were restricted to a specific area. She then explained some of the alternate sites and the problems with each. General discussion followed on: • The 22-foot height limitation • Remaining in the right-of-way • Future applications • Equipment cannot be placed on street lights or signals due to risk and liability. • Preferred sites. Ms. Makinson explained they recently did a small attachment which would fit on the top of the traffic pole that might work. Planning Director Johnson suggested the Commission might consider continuing the matter to allow staff to work further with the applicant. He suggested they keep this option in mind after they complete their discussion. There being no further questions of the applicant, Chairwoman Barrows asked if there was any public comment. Ms. Grace Palock — on behalf of the Estancias — 50-001 Orchard Lane read comments submitted by their Homeowners Association Board. She pointed out the notice showed the map in the wrong location and asked why it could not be placed in another location as this site was directly behind their homeowners. Their recommendation was the Commission request additional sites be looked at and suggested the Boys and Girls Club, Jefferson Street, or Avenue 50 where there were street lights. The current site would negatively impact their development. Mr. John Mercer — 79-360 Briarwood said he listened to the applicant talk about what they could do at the roundabout at Avenue 52 and it seemed there were better locations to put this cell tower. He Planning Commission Minutes September 11, 2012 suggested the lights at the Boys and Girls Club and suggested there were plenty of places with light poles, such as baseball fields, and soccer fields available nearby which could be utilized; especially with today's technology. He said it did not seem that one cell phone company should have priority versus multiple people who are homeowners since there were better alternatives. Dan Schweizer, Government Relations Counsel for Crown Castle, 2125 Wright Avenue, Suite C-9, LaVerne CA 91750 said he wanted to make sure the Commission understood how the DAS system worked; which he then explained. He clarified why this cell tower could not be put on private property. General discussion followed on: • The feasibility of locating the pole on private property • Crown Castle is considered an infrastructure and they have the right to be in the right-of-way • The unit is designed to work with a network • Frequencies Chairwoman Barrows left the public hearing portion of the meeting open to allow the matter to be continued. After further discussion, it was moved and seconded by Commissioners Alderson/Wright to continue the Conditional Use Permit 2012-12 to the October 9, 2012 meeting to allow time for the applicant to work with staff on alternate locations, construction and installation. Unanimously approved. VI. BUSINESS ITEMS IRiNL.Ti - VII. CORRESPONDENCE AND WRITTEN MATERIAL: A. None. Vlll. COMMISSIONER ITEMS: A. Report on the City Council Meeting of August 7, 2012. 13- 467 Planning Commission Minutes September 11, 2012 B. Commissioner Alderson is scheduled to report back on the September 18, 2012, City Council meeting. C. Follow-up regarding Conditional Use Permit 2003-075, Amendment 2, Milan Institute Expansion. IX: DIRECTOR ITEMS: A. APA Planning Conference in October. X. ADJOURNMENT: There being no further business, it was moved by Commissioners Alderson/Wilkinson to adjourn this regular meeting of the Planning Commission to the next regular meeting to be held on September 25, 2012. This regular meeting was adjourned at 10:09 p.m. on September 11, 2012. Respectfully submitted, x1"4641 Carolyn Walker, Executive Secretary City of La Quints, California 463 -14- COMMUNITY VISION Eli La Quinta is a great place to live, work and play. La Quinta was originally established and has developed with the objective of providing well planned and desirable neighborhoods, a diversified economic base, excellent schools, exceptional recreational and cultural opportunities, and a variety of community services and facilities. As our community continues to mature, we will strive to preserve and adapt these desirable qualities by maintaining and, where necessary, improving upon a safe and convenient circulation system that includes alternative transportation opportunities as well as bike/pedestrian trails and golf cart routes; by providing additional recreational opportunities and cultural facilities for the health and well-being of our residents; by preserving our natural and historic resources, focusing on sustainable existing and future use of water and energy resources; and, by ensuring that La Quinta remains a safe and desirable place for both residents and visitors. We will continue to emphasize the Importance of community participation and t# feeegnitlenrecognize ef the commitment property owners have and continue to make to the eemmunity through their investment of time and resources., We will work with regional and other local government entities to solve common problems and coordinate our shared Interests. La Quinta's future depends on maintaining a balanced budget and the conservative management of our financial resources, and continuing efforts to promote our community as a premier place to live, work and play. GUIDING PRINCIPLES In order to achieve and support our Community Vision, the following eight guiding principles will shape the La Quinta General Plan: • A Neighborhood Oriented Community - y'r �1 ! Strive to ensure that existing and future ' housing for all residents continues to be diverse in type and of high quality. Establish and maintain connections ADMINISTRATION I-t W BACKGROUND The City of La Quinta has grown for a number of reasons, including its wide range of housing stock, its varied economic base, and its natural setting. As the City continues to grow, it is important that its assets be preserved and enhanced, and that future residents, visitors and business people experience_ the — same_ quality of life as past and_c_urrent residents have.' An important tool available to the City in maintaining and enhancing quality of life is its ability to provide choices to residents, visitors or, businesses. These choices include whether a family wants to live in a home, an apartment or a condominium; whether a resident drives, walks, bicycles or takes the bus to work; or whether he shops for food at a supermarket or a farmers' market.I This Element addresses ways in which the City can support and enhance the natural and built environment to assure that these choices areI available in the future, and ultimately improve the quality of life for, everyone in La Quetta. The quality of our air and water, the ability to SUSTAINABLE COMMUNITY I I-132 470 reduce energy use and save money, high quality development options and the improvement of all types of transportation systems are all discussed below to provide the broadest menu of options for the City's decision makers in the future' Conservation of Natural Resources The conservation of natural resources is a major component of sustainability. Each new development creates demands for water, energy, and contributes to air pollution in the City and region. Implementing conservation measures will not only help the environment, but will also provide cost savings to residents and business owners, and reduce the City's own operational costs. Water Resources The City of La Quinta is located in a desert, and averages only 3.31 inches of rain per year-3 As a result, La Quinta and all communities in the Coachella Valley rely on groundwater as the primary source of potable drinking water and irrigation. Continued growth in the Valley has increased demand for groundwater, and has led to a decline in groundwater levels. When more water is pumped out of the aquifer than can be replenished, the resulting loss is called "overdraft." in 2oo9, the CVWD reported that a total of 16o,000 acre-feet of water, resulting in an overdraft of 23,912 acre-feet, in the Lower Whitewater Subbasin, which serves the City and other communities in the eastern Coachella Valley. 4 Imported water from the Colorado River and new replenishment programs implemented by the Coachella Valley Water District (CVWD) have helped alleviate declines, but both rely on outside sources of water. In zoto, approximately 300,00o acre-feet of water per year have been allocated from the Colorado River to the eastern Coachella Valley, primarily for agricultural irrigation. Although continued importation of water will help to replenish the aquifer, a more sustainable alternative is to reduce the amount of water pumped by the CVWD, which will have a direct impact on overdraft. Conservation techniques have already been implemented, and new measures are being developed to lower the amount of water used by each household and business in the City. Some of the existing programs include: 3 "Technical Background Report to the Safety Element of La Quinta 2035 General Plan Update", prepared by Earth Consultants International, Inc., June 2010. 4 "Engineer's Report on Water Supply and Replenishment Assessment: Lower Whitewater River Subbasin Area of Benefit", CVWD, April zoio. SUSTAINABLE COMMUNITY 11-133 471 remember, however, that trends may change during the life of this General Plan, and may require change in the policy direction in this document. Periodic review of the Land Use Map and the policies and programs in this Element will assure that the City is able to meet the needs of its population, while preserving the high quality of development it is known for. GOALS, POLICIES AND PROGRAMS GOAL LU-1 Land use compatibility throughout the City. ❖ Policy LU-1.1 The Land Use Map shall implement the goals and policies of the Land Use Element and the other Elements of this General Plan. • Program LU-1.i.a: Maintain consistency between the Land Use Map and Zoning Map, consistent with the Zoning Designations Consistency Matrix. • Program LU-1.1.b: The Zoning Ordinance will include design standards in all zoning districts that assure high quality development. qll land use decisions shall be consistent with all applicable General and policies and programs and shall take into consideration the rights and needs of property owners as well as those of the general public j •3 Policy LU-1.3 No annexation affecting lands in the southern Sphere of Influence (also known as Vista Santa Rosa) shall occur until a Master Plan for this area has been adopted. • Program LU-1.3.a: The Master Plan .for Vista Santa Rosa will include an active and aggressive community participation program to ensure that community character is reflected in the Plan. LAND USE 11-21 47) &Vt (P 12P S Gkuu' d Aw . U : INN 1 December 18, 2012 City of La Quinta P.O. Box 1504 La Quinta, CA 92247-1504 RE: Adoption of the 2035 General Plan Attn: City Council Honorable City Council Members: I wish to voice my concerns with the pending adoption of the 2035 La Quints General Plan. My concerns are the words and intentions contained in this document. The intentions of the United Nations (UN) and affiliated non -governmental organizations (NGO's) are devious and nefarious. In order to get your attention I'll make it very clear. These organizations have wicked, villainous, vile, mean, and evil in the ends that they desire - results that puts government ahead of citizens. Words have consequences. The words "encourage", "balance" or "conserve," the intent remains the same as intended by the UN, and in many cases requires subsidy by local and state government (through the redistribution of wealth) in order to make the changed behavior viable. In the end, you are promoting behavior modification of the citizens of La Quinta. Please do not go down the path of redistributionist principles under the guise of "social justice," "environmental justice," "social equity" and "economic justice." Today, this is also described by the term "regionalism." The decisions you make in this General Plan will have significant impact on future generations of La Quinta citizens. I would ask that you consider another revision, with input from appropriate and knowledgeable citizens that represent traditional, United States Constitution principles. Please do not be naive. Please think about what you're proposing. Redistribution of private wealth and property is high on the priorities of the UN Agenda 21. Again, Communitarianism is an ideology that emphasizes the connection between the individual and the community. In the case of Agenda 21 the community is more valued than the individual. I hope you understand this simple concept. I can tell you that those who support Agenda 21 understand this philosophy. These same people emphasize animal and environmental rights above the individual. This is not a form of government we want or deserve. You are making these decisions for all of the ns of La Quinta. n Wahlert 81773 Contento La Quinta, CA 92253 Phone: 760-619-3910 1 y%i8 G��i�i�1.s�l4it/n bt p C� nv , iP'19LM 5;VRIP11%5; rI VATRIOT9 COALITION December 17, 2012 City of La Quinta P.O. Box 1504 La Quinta, CA 92247-1504 RE: Adoption of the 2035 General Plan Attn: City Council Honorable City Council Members: The Palm Springs Patriots Coalition would like to express our appreciation for the opportunity to meet with your Planning Director, Mr. Les Johnson, and your General Plan consultant Terra Nova Planning & Research, Inc., to discuss our concerns regarding the adoption of your new 2035 General Plan update. Members of our organization, some of whom are residents of the City of La Quinta had communicated their concerns to the city that certain aspects of the new General Plan were troubling, most especially in relation to the influences being exerted upon the community from sources not compatible with the balance of individualism and liberty with social responsibility so unique to us as Americans. In response to our concerns, we were offered the opportunity to share our comments and input regarding the language being adopted in your new General Plan, and city staff researched and responded with a few recommended revisions, which are found in Attachment #8 of your staff report. This is our first opportunity to respond to those changes, and to express our continuing concerns that the City of La Quinta weighs these changes with great care before finally adopting this very important document. We believe that every City should adopt a General Plan that is truly an expression of their idealism and identity, and a reflection of that brand or image that they wish to project to other surrounding communities and the world at large. However, local control over these issues are constantly under intense pressure to the central planning efforts of the state and federal governments, which in turn are being influenced by other outside powers such as the United Nations (UN) and affiliated non -governmental organizations (NGO's). As reported by your Planning Director, Mr. Les Johnson, certain portions of your draft plan contained language that emphasized the influence of the UN and NGO's. (See page II-134 of the draft plan). Mr. Johnson has assured you that this UN/NGO influence has now been removed, as noted in his report; but, we would compare these minor revisions to "knocking the metal emblem name off of an Edsel car and simply calling it a Ford., It is still an Edsel.. .' CityoflaQuinta General Plan December 18, 2012 Page 2 It is easy to demonstrate from the draft language of the General Plan that remains after these "minor changes" that you will still have a document that is framed not by the local vision and individuality of the La Quinta community, but rather by the same underlying principles being promoted by other influences. Although the first couple of pages of the non -mandatory Sustainable Community section of your plan have been modified to eliminate reference to the UN, on page II-143, the very essence of the UN's vision remains. "Sustainable community design is an extension of these principles, and focuses on assuring that the City `lives within its means' in all aspects. That is to say that the use of any resource is balanced with its replenishment. In this case, `resource' is used in the broadest sense: water and air are both traditional resources; a healthy economy and healthy citizenry is also considered a resource." When one reads these words, it exudes the idealism of rationing resources through behavior modification, redistribution of private wealth, and the rationing of freedom of choice. Although the draft plan language frequently says "encourage", "balance" or "conserve," the intent remains the same as intended by the UN, and in many cases requires subsidy by local and state government (through the redistribution of wealth) in order to make the changed behavior viable. The most effective way to change how people live in a community is to influence land use through the design of the city's circulation element. In fact, as it is clearly noted in the draft plan language: "The primary goal of a sustainable transportation system is to lower the impacts of transportation on the environment, including the transportation system itself. These systems include... behavior modification...." (Page II-113). And, sustainable transportation planning makes it possible to enforce the redistribution of private wealth and property because "The social costs of an inefficient transportation system also include time wasted in traffic and vulnerability to fuel price increases. Many of these negative impacts fall disnroportionally on lower income social groups."(Page II-113) Language like this makes the city's General Plan an ideal vehicle to promote and implement these redistributionist principles under the guise of "social justice," "environmental justice," "social equity" and "economic justice." Today, this is also described by the term "regionalism." It is true that there is legislation (SB-375, AB-32 and others) in place that behooves the city to find ways to conform to their requirements, should the city only consider methods that require "behavior modification" and other coercive measures in order to achieve compliance. We would encourage each of you to ask, if these pieces of legislation were not in place, would the city have arrived at this same plan as a true reflection of what the City of La Quinta really stands for and wishes to achieve as its brand. We hope that the City Council will refrain from adopting the proposed General Plan document and spend the needed time to review the language it contains to truly reflect that respect for individual freedom of choice and private property rights that is the founding principle of our Constitutional contract with the state to limit its infringement on our living choices. It is interesting that the General Plan places a huge premium on managing current resources so as not to impact the quality of life of future generations, and yet places little importance on the City of La Quinta General Plan December 18, 2012 Page 3 selection of the words and language used, and how it may be interpreted in the future by other councils and city staff members to affect the quality of life and property of future generations. Again, we appreciate every opportunity that we were offered to meet with staff and discuss these concerns. We hope that our questions and expressions for extreme caution regarding the language in the General Plan will move the council to consider heavily how this language will be used now and in the future and how it is going to affect the residents of LaQuinta now and in the future. If asked, we doubt the residents would want their rights diminished by such language and actions. We therefore respectfully submit this letter, Robert Righetti Christina Michas Palm Springs Patriots Coalition v Les Johnson From: Joe Lim <jlim@indio.org> Sent: Tuesday, December 18, 2012 11:15 AM To: Les Johnson Cc: City Managers Office; Council; Dan Martinez; Grant Eklund; Tom Brohard Subject: La Quinta General Plan Final EIR Dear Les, We appreciate having received the responses to our comments regarding the La Quinta General Plan, however, we don't believe the responses fully address the concerns raised by the City of Indio's Traffic Engineer and further raise other concerns based on those responses. Additionally after further discussion with City of Indio Public Works staff, the response stating that there were "several discussions between the City Public Works Director and the Indio Traffic Engineer", is inconsistent with actual staff communications, particularly as it relates to the various recommendations to mitigate significant traffic impacts in the City of Indio caused by the intensified land uses in the City of La Quinta and its sphere of influence. Several of the responses to our comments states that the difference in volumes on certain segments result from the "channeling of the difference" to roadways where capacity will be available to accommodate future volumes. Those areas where your consultant has "channeled" traffic appears to go to roadways including Highway 111 and to Jefferson Street that, according to the traffic analysis, do not have additional capacity. This channeling also appears to consistently be directed to the east where roadways and intersections are shared between the City of Indio and City of La Quinta. The response where "the traffic model assigns traffic based on current and long-term movement patterns", is inconsistent with the "channeling" to take advantage of those roadways with available capacity. We believe that it would be prudent to further discuss this model and methodology when creating such impacts that would affect the neighboring jurisdiction, particularly since the City of La Quinta has either minority or equal jurisdiction at several impacted intersections shared with the City of Indio. While I did briefly speak with David Sawyer last week about some of these concerns the discussions should really have taken place between the respective Public Works and Engineering divisions that deal with traffic. As I mentioned to Mr. Sawyer the greatest cause for the mitigation measures identified by your traffic consultant are a result of the desire to maintain the LOS "D" at those intersections that have shared jurisdiction. The problem is that many of those intersections have been designed and are already developed at their "ultimate" configurations. Additional roadway improvements are impractical given the costs to obtain right-of-way and construct improvements for such a small time period during peak hours during the peak season when the respective intersections are forecast at a LOS "E". We believe requiring a LOS "D" and then overriding the mitigation measures, many of which occur in the City of Indio is inappropriate and irresponsible. If La Quinta's desire is to keep intersection LOS "D" then the mitigation measures identified should be implemented at La Quinta's expense since the traffic analysis and impacts are being caused by the intensified land uses being contemplated within the City of La Quinta and its sphere of influence. While I appreciate the time that you personally took to speak with me this morning about the City's concerns, we respectfully request that the City of La Quinta consider delaying action on the Final EIR, correct issues with improper traffic channeling, reconsider its LOS "D" standard and also allow LOS "E" under certain conditions thereby eliminating the need to override several of the mitigation measures, and clearly identify improvements within the City of Indio required to achieve the desired LOS. ' 11 Joseph Lim, AICP Planning Manager City of Indio 100 Civic Center Mall Indio, CA 92201 760-541-4255 (direct) 760-391-4027 (fax) Notice: This email message, including any attachments, is intended for the sole viewing and use of the individual or entity to which it is addressed, and may contain confidential and privileged information, which is prohibited from disclosure. Any unauthorized review, use, disclosure, distribution, or the taking of any action in reliance on the information contained in this email, including attachments, is prohibited. If you are not the intended recipient, you are hereby notified that any dissemination or copy of this message, or any attachment, is strictly prohibited. If you have received a copy of this email in error, please notify the sender by reply email immediately, and remove all copies of the original message, including attachments, from your computer.